}iMi\' UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY ^ SUPPLEMENT TO THE CODES AND GENERAL LAWS OF THE STATE OF CALIFORNIA OF 1915 SHOWING THE CHANGES AFFECTING THE CODES AND THE GENEEAL LAWS TO THE END OF THE LEGISLATIVE SESSION OF 1917 BY JAMES H. BEERING SAN FRANCISCO BANCROFT-WHITNEY COMPANY 1917 Copyright, 1917, BY BANCROFT-WHITNEY COMPANY Ran Franoisco The Fir-MF,R Brothers ELKrTBOTYPE Company Typographers and Rtereotypers THE CODE OF CIVIL PROCEDURE OF THE STATE OF CALIFORNIA. AMENDMENTS OF 1917. § 67a. Judges in counties of first class. Appointment of two additional judges. Election. Salary. lu counties of the first class there shall be twenty .judges of the superior court, any one or more of whom may hold court, and there may be as many sessions of said court at the same time as there are judsres thereof. The said judges shall choose from their own number a presiding judge, who may at any time be removed as presiding judge and another judge chosen in his place by a vote of any twelve of them. The presiding judge shall dis- tribute the business of the court among the judges thereof, and prescribe the order of business and perform such other duties as the judges of the said court may by rule provide. The judg- ments, orders and proceedings of any session of the superior court held by any one or more of the judges of said court shall be equally as effective as if all the said judges of said court presided at such session. Within thirty days after this act goes into effect, the governor shall appoint two additional judges of the superior court in counties of the first class in addition to the eighteen superior court judges already pro- vided by law in and for the said counties of the first class who shall hold office until the first Monday after the first day of January, 1919. At the next general election to be held in November. A. D. 1918, two additional judges of the superior court shall be elected in counties of the first class, who shall be successors of the judges appointed hereunder, to hold office for the term prescribed by the constitution and by law. The salaries of said additional judges shall be the same in amount and be paid in the same manner and at the same time as the salaries of the other judges of the said counties of the first class now authorized by law. [Amendment approved Mav 5. 1917; Stats. 1917, p. 247.] 1 (1) §§ 86-103 CODE OF CIVIL PROCEDURE. 2 §86. Justices' clerk. Bond. Appointees. Duties. The supervisors of such city and county shall appoint a justices' clerk on the written nomination and recommendation of said justices or a majority of them, who shall hold office during good behavior, and who shall receive a salary of three thousand dollars a year. Said justices ' clerk shall take the constitutional oath of office and give bond in the sum of ten thousand dollars for the faithful discharge of the duties of his office and in the same manner as is or may be required of oiScers of such city and county. A new or additional bond may be required by the supervisors of such city and county and in such amount as may be fixed by said supervisors whenever they may deem it neces- sary. The said clerk may appoint a chief deputy at a salary of two thousand four hundred dollars a year, a cashier at a salary of one thousand eight hundred dollars a year, and three deputy clerks and one messenger each at a salary of one thousand five hundred dollars a year. Said justices' clerk and each of said appointees shall have authority to administer oaths, take and certify affidavits, and issue and sign writs, summons, and all other processes in any action, suit or proceeding in said jus- tices' court, and generally to do all the acts specified in sections 102 and 102a of this code. They shall be at their respective offices for the dispatch of oi^cial l)usiness daily, except Sun- days, holidays and Saturday afternoons, from the hour of nine o'clock A. M. until five o'clock P. M. The salaries of said justices' clerk and his appointees shall be paid out of the treas- ury of said city and county in the same manner that salaries of officers of such city and county are paid, and shall be in lieu of all fees collected by them. All persons who have been appointed to such positions and who have served a period of six months in their respective positions, and all persons who may be appointed to such positions shall, after they have served a period of six months in their respective positions, be entitled to all the benefits of the civil service laws of this state. § 2. Repealed. xVll acts and parts of acts in conflict with the provisions of this act are hereby repealed. [Amendment approved April 16, 1917; Stats. 1917, p. 121.] § 103. Justices' courts. Number of justices in cities. Juris- diction. Eligibility. Salaries. There shall be at least one justice's court in each of the townships of the state, for which one justice of the peace must be elected by the qualified electors of the toAvnship, at the general state election next pre- ceding the expiration of the term of office of his predecessor. 3 CODE OP CIVIL PROCEDURE. § 103 iJi any eoi/,iity wiiere, in the opinion of the board of supervisors, the p«bli(i3 convenience requires it, the said board may, by order, p, rovide that two justices' courts may be established in ^^y ^rjwnship, designating the same in such order; and in such 'case, one justice of the peace must be elected in the manner herein provided for each of said courts. In every city of the first and one-half class there must be five justices of the peace, and in every city of the second class there must be two jus- tices of the peace, and in every city of the second and one- half class there must be one justice of the peace, and in every city of the third and fourth classes there must be one justice of the peace, to be elected in like manner by the electors of such cities or town, respectively; and such justices of the peace of cities shall have the same jurisdiction, civil and criminal, as justices of the peace of townships and township justice's courts. Said justices of the peace of cities and justice's courts of cities shall also have jurisdiction of all proceedings for the violation of any ordinance of any city in which courts are established, both civil and criminal, and of all actions for the collection of any license required by any ordinance of any such city, and generally exercise all powers, duties and jurisdiction, civil and criminal, of police judges, judges of police courts, recorder's court or mayor's courts, within such city. No per- son is eligible to the office of justice of the peace in any city of the first, first and one-half, second, second and one-half or third class, who has not been admitted to practice law in this state; and no justice of the peace shall be permitted to prac- tice law before another justice of the peace in the city, town or county in which he resides, or to have a partner engaged in the practice of law in any justice's court in such city, town or county. Every city justice of the peace in any city of the first and one-half class shall receive a salary of four thousand two hundred dollars per annum, and every city justice of the peace in any city of the second class shall receive a salary of three thousand six hundred dollars per annum, and every city justice of the peace in any city of the second and one-half class shall receive a salary of three thousand dollars per annum, and every city justice of the peace in any city of the third class shall receive a salary of two thousand dollars per annum, and every city justice of the peace in any city of the fourth class shall receive a salary of one thousand five hundred dollars per annum ; and each justice of the peace shall be pro- vided by the city authorities, or by the board of supervisors in counties where the salary of the city justice of the peace is paid by the county, with a suitable office in which to hold § 103 c CODE OF CIVIL PROCEDURE. ^ his court. The compensation of the justice of the peace oi any city shall be paid by warrants drawn each month upon the salary fund, or if there be no salary fund, then upon ^the gen- eral fund of such city or county, as the case may be, such warrants to be audited and paid as salaries of any other city or county officials. All fees which are chargeable by law for- services rendered by such city justice of the peace in cities aforesaid shall be by them respectively collected, and on the first Monday of each month every such city justice, or his clerk shall make a report, under oath, to the city or county treasurer, as the case may be, of the amount of fees so by him collected and pay the amount so collected into the city or county treasury, as the case may be, to the credit of the general fund thereof. Said salaries shall be the sole compensation of said city justices. [Amendment approved April 2, 1917; Stats. 1917, p.' 34.] § 103c. Justices' clerks, counties of third class. Authority. Fees. Monthly report. In counties of the third class in town- ships having a population of more than seventy-five thousand there shall be one justice's clerk, and one deputy justice's clerk, Avho shall be appointed by the justice of the peace or justices, if more than one. Said clerk and deputy shall be appointed immediately on this act taking effect, and shall take the oath of office prescribed for county officers, and give a bond in the sum of five thousand dollars, conditioned for the faith- ful discharge of the duties of the office, which bond shall be approved and filed in the same manner as are bonds of county officers. Such justice's clerk and deputy clerk shall be authorized to administer oaths, take and certify affidavits and shall be authorized to issue and sign writs, summons and all other process in any action or proceeding in the justice's court of the township for which they are appointed or pending before any justice of the peace of said township in the name of the justice before whom the same is pending or out of whose court the same is issued, which shall be in substantially the follow- ing form : Justice of the peace. Clerk. By , Deputy clerk. 5 CODE OF CIVIL PROCEDURE. §§ 1^0-192 All legal papers of every kind in actions or proceedings in such justice's court shall be issued by the said justice's clerk in the manner and form hereinabove set out. The said jus- tice's clerk shall issue, sign and certify to any and all papers, transcripts or records which are required to be issued, signed .or certified by the said justice of the peace. All complaints, answers and other pleadings and papers required to be filed in said justice's court shall be filed with such justice's clerk who shall keep a permanent record of all such actions and pro- ceedings in the justice's docket, now provided by law to be kept by the justice. The said clerk shall keep a record of the proceedings of said court and shall have the custody of all records and papers of the same. All fees for the issuance of all process, or other fees, which ■ are by law allowed for any official service of the justice of the peace shall be exacted and paid in advance into the hands of the justice's clerk, which, together with all fees, fines, forfeit- ures or penalties received in said justice's court shall be paid into the county treasury. Said justice's clerk shall render each month to the county auditor and county treasurer, an exact account under oath of all fines, forfeitures, penalties and fees received by him or col- lected by said court. Said justice's clerk shall receive a salary of one thousand eight hundred dollars per year and said dep- uty clerk shall receive a salary of one thousand two hundred dollars per year, which shall be payable in like manner and out of the same funds and at like times as county officers are paid. The board of supervisors shall provide in a convenient locality a suitable office for the justice's clerk. The said jus- tice's clerk shall be in attendance at his respective office in the discharge of official business daily from nine A. M. until five P. M. [New section added May 31, 1917; Stats. 1917, p. 1304] § 190. Jury defined. A jury is a body of persons tempo- rarily selected from the citizens of a particular district and invested with power to present or indict a person for a public offense, or to try a question of fact. [Amendment approved May 29, 1917; Stats. 1917, p. 1282.] § 192. Grand jury defined. A grand jury is a body of per- sons, nineteen in number, returned in pursuance of law, from the citizens of a county, or a city and county, before a court of competent jurisdiction, and sworn to inquire of public offense committed or triable within the county or city and county. [Amendment approved May 29, 1917; Stats. 1917, p. 1282.] §§ 193-204 CODE OF CIVIL PROCEDURE. 6 § 193. Trial jury. A trial jury is a body of persons re- turned from the citizens of a particular district before a court or officer of competent jurisdiction, and sworn to try and determine by verdict, a question of fact. [Amendment ap- proved May 27, 1917; Stats. 1917, p. 1283.] § 194. Number on trial jury. A trial jury shall consist of twelve persons ; provided, that in civil actions and cases of misdemeanor, it may consist of twelve or any number less than twelve, upon which the "parties may agree in open court. [Amendment approved May 27, 1917; Stats. 1917, p. 1283.] § 195. Jury of inquest. A jury of inquest is a body of persons summoned from the citizens of a particular district before the sheriff, coroner, or other ministerial officers, to in- quire of particular facts. [Amendment approved May 27, 1917; Stats. 1917, p. 1283.] § 201. When juror excused. A juror shall not be excused by a court for slight or trivial causes, or for hardship, or for inconvenience to said juror's business, but only when material injury or destruction to said juror's property or of property entrusted to said juror is threatened, or when said juror's health, or when the health or proper care of said juror's own family, or when the sickness or death of a member of said juror's family make it necessary for said juror to be excused. [Amendment approved May 27, 1917 ; Stats. 1917, p. 1283.] § 204. Jury lists. In the month of January in each year it shall be the duty of the superior court in eacli of the coun- ties of this state to make an order designating the estimated number of grand jurors and also the number of trial jurors, that will, in the opinion of said court, be required for the transaction of the business of the court, and the trial of causes therein, during the ensuing year; and immediately after said order designating the estimated immber of grand jurors shall be made, the court shall select and list the grand jurors re- quired by said order to serve as grand jurors in said superior court during the ensuing year, or until ncAv lists of jurors shall be provided, and said selections and listings shall be made of men and women suitable and competent to serve as jurors, as set forth and i-e(iuii'(!d in sections two hundred five and two hundfcfi six ol." this code, which list of i)ei-sons so selected shall at once be placed in the possession of the county clerk ; and immediately after said order designating the estimated number of trial jurors shall be made, the board of supervisors shall 7 CODE OF CIVIL PROCEDURE. §§ 204a-204c select, as provided in sections two hundred five and two hun- dred six of this code, a list of men and women to serve as trial jurors in the superior court of said county during the ensuing year, or until a new list of jurors shall be provided. In counties and cities and counties having a population of one hundred thousand inhabitants or over, such selection shall be made by a majority of the judges of the superior court. [Amendment approved May 27, 1917; Stats. 1917. p. 1283.] § 204a. Jury commissioner may be appointed. Salary. In any county or city and county in which, as provided by the preceding section, the selection of persons to serve as trial jurors is made by a majority of the judges of the superior court, a majority of the judges of such court, to assist the judges thereof in making selections of trial jurors and grand jurors, and whenever in their opinion the business of the court requires it, may, in their discretion, appoint a jury commis- sioner for such county or city and county, who shall receive a salary of three hundred dollars per month, not exceeding, however, one thousand five hundred dollars in any one fiscal year, and shall hold office at the pleasure of a majority of the judges of such court. Said salary shall be audited, allowed and paid out of the general fund of such county or city and county. [New section added May 26, 1917;"^ Stats. ' 1917, p. 11&9.] §204b. To furnish list of persons qualified for jurors. Annually, and pursuant to written rules or instructions adopted by a majority of the judges of such court, the jury commis- sioner shall furnish the judges of the court a list of persons qualified to serve as trial jurors or grand jurors during the ensuing year, or until a new list of jurors shall be required. A majority of the judges of the court may, from time to time, adopt such rules and instructions as may be necessary for the guidance of the jury commissioner, who shall at all times be under the supervision and control of the judges of the court. [New section added May 26, 1917; Stats. 1917, p. 1169.] §204c. Duties. It shall be the duty of the jury commis- sioner diligently to inquire and inform himself in respect to the qualifications of persons resident in his county or city and county who may be liable under the provisions of the laws of this state to be summoned for jury duty. He may require any person to answer, nnder oath to be administered by him, all such questions as he may address to such person, touching his §§ 2U4:d-226 CODE of civil imjocedure. • 8 name, age, residence, occupation and qualifications as a juror, and also all questions as to similar matters concerning other persons of whose qualifications for jury duty he has knowledge. The commissioner shall have power to administer oaths. He shall be allowed his actual traveling expenses incurred in the performance of his duties while visiting the respective town- ships in the county, such traveling expenses to be audited, allowed and paid out of the general fund of the county. [New section added May 26, 1917; Stats. 1917, p. 1169.] §204d. Jurors selected by majority of judges. Pursuant to the rules and instructions adopted by a majority of the judges of the court, the jury commissioner shall return to the judges the lists of persons recommended by him for jury duty. The judges of said superior court shall examine the jury lists so returned and from such lists a majority of said judges may select, to serve as trial jurors and grand jurors, respectively, in the superior court of said county or city and county during the ensuing year, or until a new list of jurors is required, such persons as, in their opinion, should be selected for such jury duties ; provided, however, that the persons so selected shall, in the opinion of the judges selecting the same, be persons suitable and competent to serve as jurors, as set forth and required in this code. The judges, however, shall not be bound to select any names from said lists, but may, if in their judgment the due administration of justice requires, make all or any selections from among the body of persons in the county or city and county suitable and competent to serve as jurors regardless of the lists returned by the jury commis- sioner. [New section added May 26, 1917 ; Stats. 1917, p. 1170.] § 204e. Secretary of superior judges as jury commissioner. In any county or city and county where there is a secretary of the superior judges of such county or city and county, a majority of the superior judges may in their discretion require such secretary to perform the duties of jury commissioner in addition to his regular duties as secretary. In such case the salary of the secretary of the superior judges shall be three hundred fiftv dollars a month. [New section added Mav 26, 11)17; Stats. "191 7, p. 1170.] §226. Order for jurors to appear forthwith. Whenever jiiroi-s arc not drawn or summoned to attend any court of rccor-d or session thereof, or a sufficient number of jurors fail to appear, sueh <-oiir1 may ordei- a sufficient number to be forth- 9 CODE OF CIVIL PROCEDURE. §§ 246-33'i with drawn and sunimonod to attend the court, or it may, by an order entered in its minutes, direct the sheriff, or an elisor chosen by the conrt forthwith to snmmon so many ei:ood and law^fnl persons of the connty, or city and connty, to serve as jurors, as may be required, and in either ease such jurors must be summoned in the manner provided in the precedincr section. [Amendment approved May 27, 1917; Stats. 1917. p. 1284.] § 246. Excuses. Names deposited in box. At the opening of court on tlie day trial jurors have been summoned to appear, the clerk shall call the names of those summoned, and the court may then hear the excuses of jurors summoned ; provided, that it may be left to the discretion of the court to accept an affi- davit of excuse under section two hundred two of this code without a personal appearance in court of the juror summoned. The clerk shall then write the names of the jurors present and not excused upon separate slips or ballots of paper, and fold such slips so that the names are concealed, and there, in the presence of the court deposit the slips or ballots in a box, which must be kept sealed or locked until ordered by the court to be opened. [Amendment approved May 27, 1917; Stats. 1917, p. 1284.] § 276. Examination for admission as attorney. Every ap- plicant for admission as an attorney and counselor must pro- duce satisfactory testimonials of a "ood moral character, and satisfactory proof of having studied \nw for a period of at least two years, and undergo in open court a strict examination, a part of which must be in "vvriting, as to his qualifications by the justices of one of the district courts of appeal. This section shall not take effect until January first, one thousand nine hun- dred eighteen. [Amendment approved ]\lav 28, 1917 ; Stats. 1917, p. 906.] § 280a. Effect of diploma granted by Hastings College of the Law. [Repeal<>d :Vfny 23, 1917; Stats. 1917. p. 8S0.1 § 280b. Graduates of law^ schools admitted to practice. [Repealed May 23, 1917; Stats. 1917. p. 881.] § 337. Actions commenced within four years. Within four years. 1. An action upon any conti'nct. obligation oi- liability found upon an instrument in writing. 2. An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated; §§ 339-341 CODE OF CIVIL. PROCEDURE. 10 (3) a balance due upon a mutual, open and current account; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. [Amendment approved May 10, 1917; Stats. 1917, p. 299.] §339. Actions commenced within two years. Within two years. 1. An action upon a contract, obligation or liability not founded upon an instrument of writing, other than that men- tioned in subdivision two of section three hundred thirty-seven of this code ; or an action founded upon a contract, obligation or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance ; pro- vided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or dam- age suffered by the aggrieved party thereunder. 2. An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty including the nonpayment of money collected upon an execu- tion. But this subdivision does not apply to an action for an escape. [Amendment approved May 10, 1917; Stats. 1917, p. 299.] § 341. Actions to be commenced within six months. Within six months : An action against an officer, or officer cle facto : 1. To recover any goods, wares, merchandise, or other prop- erty, seized by any such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise, or other personal property so seized, or for dam- ages for the seizure, detention, sale of, or injury to any goods, wares, merchandise, or other personal property seized, or for damages done to any person or property in making any such seizure. 2. To recover stock sold for a delin(juont assessment, as pro- vided in section three hundred forty-seven of the Civil Code. .'>. To set aside or invalidate any action taken or performed \>y a majority of the trustees of any corporation heretofore or hereafter dissolved by operation of law, including the revivor 11 CODE OF CIVIL PROCEDURE. §§ 348-473 of any such corporation. [Amendment approved May 11, 1917; Stats. 1917, p. 381.] § 348. No limitation to certain actions. Not applicable to banks, etc. To actions brought to recover money or other property deposited with any bank, banker, trust company, building and loan association, or savings and loan society there is no limitation. This section shall not apply to banks, bankers, trust com- panies, building and loan associations, and savings and loan societies which have become insolvent and are in process of liquidation and in such cases the statute of limitations shall be deemed to have commenced to run from the beginning of the process of liquidation; provided, however, nothing herein con- tained shall be construed so as to relieve any stockholder of any banking corporation or trust company from stockholder's liability as shall, at any time, be provided by law. [Amend- ment approved June 1,1917; Stats. 1917, p. 1573.] § 473. Pleading- may be amended. Time for application. Action to recover personal property. The court may in fur- therance of justice, and on such terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mis- take in the name of a party, or a mistake in any other respect ; and may, upon like terms, enlarge the time for answer or de- murrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon such terms as may be just, an amendment to any pleading or proceeding in other particu- lars ; and may upon like terms allow an answer to be made after the time limited by this code; and may, also, upon such terms as may be just, relieve a party or his legal representa- tive from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect ; provided, that application therefor be made within a reasonable time, but in no case exceeding six months after such judgment, order, or proceeding was taken ; and provided, further, that said application must be accompanied with a copy of the answer, or other pleading proposed to be filed therein, otherwise said application shall not be granted. When from any cause the summons in an action has not been personally served on the defendant, the court may allow, on such terms as may be just, such defendant or his legal representative, at any time within one year after the rendition of any judgment in such action, to answer to the merits of the original action. § 534 CODE OP CIVIL PKOCEDURE. 12 When, in an action to recover the possession of personal prop- erty, the person making any affidavit did not truly state the value of the property, and the officer taking the property, or the sureties on any bond or undertaking is sued for taking the same, the officer or sureties may in their answer set up the true value of the property, and that the person in whose be- half said affidavit was made was entitled to the possession of the same when said affidavit was made, or that the value in the affidavit stated was inserted by mistake, the court shall disregard the value as stated in the affidavit, and give judg- ment according to the right of possession of said property at the time the affidavit was made. [Amendment approved May 5, 1917; Stats. 1917, p. 242.] § 534. Actions concerning water rights. Defendant's an- swer. Plaintiff's reply. Appropriation and damages fixed. Appeal. No injunction, when. Jury trial. In any action brought by a riparian owner to enjoin the diversion of water appropriated or proposed to be appropriated, or the use thereof, against any person or persons appropriating or pro- posing to appropriate such waters, the defendant may set up in his answer that the water diverted or proposed to be diverted is for the irrigation of land or other public use, and, in such case, he shall also in such answer set forth the quan- tity of water desired to be taken and necessary to such irri- gation of land or the public use, the nature of such use, the place where the same is used or proposed to be iised, the dura- tion and extent of the diversion or the proposed diversion, in- cluding the stages of the flow of the stream at and during the time in which the water is to be diverted, and tliat the same may be diverted without interfering with the actual and neces- sary beneficial uses of the plaintiff, and that such defendant so answering desires that the court shall ascertain and fix the damages, if any, that will result to the plaintiff or to his ripa- rian lands from the appropriation of the water so appropriated or intended to be appropriated by defendant. The plaintiff may serve and file a reply to the defendant's answer stating plaintiff' 's rights to the water and the damage plaintiff" will suffer by the defendant's taking of the water, aJid plaintiff' may implead as parties to the action all persons necessary to a full determination of the riglits of plaintiff' to the water and the damages plaintiff will suff'er by the pro- posed taking by defendant, and the court shall have jurisdic- tion to hear and determine all the rights to water of the plain- 13 CODE OF CIVIL PROCEDURE. § 534 tiff and other parties to the action, and said parties shall have a right to state and prove their rights, and shall be bound by the judgment rendered the same as though made parties plain- tiff' at the commencement of the action. Upon the trial of the case the court shall receive and hear evidence on behalf of the respective parties, and if the court finds that the allegations of such answer are true as to the aforesaid matters, and that the appropriation and diversion of such waters is for irrigation of laud or other public use and that, after allowing sufficient water for the actual and neces- sary beneficial uses of the plaintiff' and other parties, there is water available to be beneficially appropriated by such defend- ant so answering, the court shall fix the time and manner and extent of such appropriation and the actual damages, if any, resulting to the plaintiff' or other parties on account of the same, and in fixing such damages the court shall be guided by paragraph four of section one thousand two hundred forty- eight of this code, and if, upon the ascertainment and fixing of such damages the defendant, within the time allowed in sec- tion one thousand two hundred fifty-one of this code for the payment of damages in proceedings in eminent domain, shall pay into court the amount of damages fixed and the costs adjudged to be paid by such defendant, or give a good and sufficient bond to pay the same upon the final settlement of the case, the injunction prayed for by the plaintiff' shall be denied to the extent of the amount the defendant is permitted to appropriate, as aforesaid, and the temporary injunction, if any has been granted, shall be vacated to the extent afore- said; provided, that any of the parties may appeal from such judgment as in other cases ; and provided, further, that if such judgment is in favor of the defendant and if he upon and pending such appeal shall keep on deposit with the clerk of said court the amount of such damages and costs, or the bond, if it be given, so awarded to be paid to the plaintiff' or other parties in the event such judgment shall be affirmed, no injunc- tion against the appropriation of the amount the defendant is permitted to appropriate as aforesaid shall be granted or en- forced pending such appeal, and, upon the acceptance by the plaintiff' or other parties of such amount so awarded or upon the affirmation of such decision on appeal so that such judg- ment shall become final, the defendant shall have the right to divert and appropriate from such stream, against such plain- tiff or other parties and his successors in interest, the quan- tity of water therein adjudged and allowed. Upon the filing § 540 CODE OF CIVIL PROCEDURE. 14 of such ansAver as is herein provided for, the parties plaintiff or other parties and defendant shall be entitled to a jury trial upon the issues as to damages so raised, as provided in title seven, part three of this code, applying to actions in eminent domain. [New section added May 19, 1917; Stats. 1917, p. 744.] § 540. Writ of attachment. If more than one defendant. The Avrit must be directed to the sheriff of any county in which property of such defendant may be, and must require him to attach and safely keep all the property of such defendant within his county not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand against such defendant, the amount of which must be stated in conformity with the complaint, unless such defendant give him security by the undertaking of at least two sufficient sure- ties in an amount sufficient to satisfy such demand against such defendant, besides costs, or in an amount equal to the value of the property of such defendant which has been or is about to be attached ; in which case to take such undertaking. In the event that the action is against more than one defend- ant, any defendant whose property has been or is about to be attached in such action may give the sheriff such undertaking, and the sheriff shall take the same, and such undertaking shall not subject such defendant to or be answerable for any demand against any other defendant, nor shall the sheriff thereby be prevented from attaching or be obliged to release from attachment, any property of any other defendant ; pro- vided, however, that such defendant, at the time of giving such undertaking to the sheriff, shall file with the sheriff, a state- ment, duly verified under oath, wherein such defendant shall aver and declare that the other defendant or defendants in the action in which said undertaking was given has or have not any interest or claim of any nature whatsoever in or to said property. Such statement must further contain the char- acter of such defendant's title and the manner in which he acquired title to such attached property; provided, further, that before said attachment shall be released, the undertak- ing required by this section must be approved ly the judge of the court issuing same or if said writ of attachment is from another county, then by a judge of a court of similar juris- diction in the county where the levy shall have been made. Several writs may l)e issued at the same time to the sheriffs of different connties. [Amendment approved May 26^ 1917; Stats. 1917, p. 938.] 15 CODE OF CIVIL PROCEDURE. §§ 554-570 § 554. Proceedings to release attachments. Whenever any defendant has appeared in the action, such defendant may upon reasonable notice to the plaintiff, apply to the court in which the action is pending, or to the judge thereof, for an order to discharge the attachment wholly, or in part ; and upon the execution of the undertaking mentioned in the next sec- tion, an order may be made releasing from the operation of the attachment, any or all of the property of such defendant attached ; and all of the property so released and all of the proceeds of the sales thereof, must be delivered to such defend- ant upon the justification of the sureties on the undertaking, if required by the plaintiff. Such justification must take place within five days after the notice of the filing of such under- taking. [Amendment approved May 26, 1917; Stats. 1917, p. 939.] § 555. Requirements by court for release from attachment. Before making such order, the court or judge must require an undertaking on behalf of such defendant, by at least two sureties, residents and freeholders, or householders in the state to the effect that in case the plaintiff recovers judgment in the action against the defendant, by whom, or in whose be- half such undertaking shall be given, such defendant will, on demand, redeliver the attached property so released to the proper officer, to be applied to the payment of any judgment in such action against said defendant, or in default thereof, that such defendant and sureties will, on demand, pay to the plaintiff the full value of the property released not exceeding the amount of such judgment against such defendant. The court or judge making such order may fix the sum for which the undertaking must be executed, and if necessary in fixing such sum to know the value of the property released, the same may be appraised by one or more disinterested persons, to be appointed for that purpose. The sureties may be required to justify before the court or judge and the property attached cannot be released from the attachment without their justifi- cation if the same is required. [Amendment approved May 26, 1917; Stats. 1917, p. 939.] § 570. Notice of unclaimed funds in receiver's hands. A receiver having any funds in his hands belonging to a person whose whereabouts are unknown to him. shall, before receiv- ing his discharge as such receiver, publish a notice, in one or more newspapers published in the county, at least once a week for four consecutive weeks, setting forth the name of the § 660 CODE OF CIVIL PROCEDURE. 16 owner of any unclaimed funds, the last known place of resi- dence or postoffice address of such owner and the amount of such unclaimed funds. Any funds remaining in his hands unclaimed for thirty days after the date of the last publica- tion of such notice, shall be reported to the court, and upon order of the court, all such funds must be paid into the state treasury accompanied with a copy of the order, which must set forth the facts required in the notice herein provided. Such funds shall be paid out by the state treasurer to the owner thereof or his order in such manner and upon such terms as are now or may hereafter be provided by law. All costs and expenses connected with such advertising shall be paid out of the funds the whereabouts of whose owners are unknown. [Amendment approved April 25, 1917 ; Stats. 1917, p. 203.] § 660. Time of hearing motion for new trial. New trial hearing has precedence. The motion for a new trial must be heard at the earliest practicable time after the filing of affi- davits and counteraffidavits, in case the motion is made on affidavits, in other cases after the filing of the notice. On such hearing reference may be had in all cases to the pleadings and orders of the court on file, and when the motion is made on the minutes, reference may also be had to any depositions and documentary evidence olfered at the trial and to the re- port of the proceedings on the trial taken by the phonographic reporter, or to any certified transcript of such report, or if there be no such report or certified trauscipt, to such proceed- ings occurring at the trial as are within the recollection of the judge ; when the proceedings at the trial have been phono- graphically rei)orted, but the reporter's notes have not been transcribed, the reporter must, upon request of the court, or either party, attend the hearing of the motion, and shall read his notes, or such parts thereof as the court, or either party, may require. The hearing and disposition of the motion for a new trial shall have precedence over all other matters except criminal cases, probate matters and cases actually on trial, and it shall be the duty of the court to determine the same at the earliest possibhi moment. The power of the court to pass on motion for new trial shall expire within three months after the verdict of the jury or service on the moving party of notice of the entry of tlie judgment. If such motion is not deter- mined within said three months, the effect shall be a denial ol" the motioji witliout further order of the court. [Amend- ment approved xMay 5, 1917; Stats. 1917, p. 240.] 17 CODE OF CIVIL PROCEDURE. §§ 671-850 § 671. Judgment liens. Continues five years. Immedi- ately after filing the judgment-roll, the clerk must make the proper entries of the judgment under appropriate heads, in the docket kept by him, noting thereon the hour and minute of the day of such entry; and from the time the judgment is docketed it becomes a lien upon all the real property of the judgment debtor not exempt from execution in the county, owned by him at the time, or which he may afterward acquire, until the lien ceases. The lien continues for five years unless the enforcement of the judgment be stayed on appeal by the execution of a sufficient undertaking as provided in this code, in which case the lien of the judgment and any lien by virtue of an attachment that has been issued and levied in the action ceases. [Amendment approved April 19, 1917; Stats. 1917, p. 141.] §671a. Filing judgments of United States courts. Tran- scripts of judgments and copies of judgments rendered in the district or other courts of the United States within the state of California, when certified by the clerk of said courts under the seal thereof, may be filed and recorded in the office of the county clerk of any county in this state, and when so filed the clerk shall immediately enter the same in the judgment docket in the same manner as judgments rendered in the superior court are entered and such transcripts of judgments and copies of judgments, when so certified, may be filed for record in the office of any county recorder of this state and when so filed for record the county recorder shall record and index the same in the same manner as transcripts of judgments and copies of judgments of the courts of this state are recorded and indexed ; and from such recording the judgment becomes a lien upon all the real property of the judgment debtor not exempt from execution in such county, owned by him at the time, or which he may afterward, and before the lien expires, acquire. [New section approved April 19, 1917; Stats. 1917, p. 142.] §850. Notice of hearing in justices' courts. Docket en- tries. When all the parties served with jprocess shall have appeared, or some of them have appeared, and the remaining defendants have made default, the justice must fix the day for the trial of said cause, whether the issue is one of law or fact, and give notice thereof to the parties to the- action who have appeared, but in case any of the parties are represented by an attorney, then to such attorney; provided, however, that 2 § 850 CODE OF CIVIL PROCEDURE. 18 where a party has appeared in person, such party shall leave with the justice or justice's clerk, and the same shall be en- tered upon the register in the action, an address where service of the notice of hearing of such matter may be made; pro- vided, further, that such notice shall be personally served on said person if he can be found at said address, but in case said person cannot, after due diligence, be found at said address and such fact appears by affidavit to the satisfaction of the court or a judge thereof, then the service of such notice may be by registered mail and in the manner hereinafter provided for service of notice by mail. Such notice shall be in writing, signed by the justice, and substantially in the following form, filling blanks according to the facts: In the justice court, township (or city, or city and county) , county, or city and county of , State of California. plaintiff, vs. defendant. To plaintiff, or attorney for plaintiff, and to defend- ant, or attorney for defendant. You and each of you will please take notice that the under- signed justice of the peace before whom the above-entitled cause is pending, has set for hearing the demurrer of , filed in said cause (or has set the said cause for trial, as the case may be), before me at my office in said township (or city, or citv and county), at — o'clock — m., on the day of , 19—. Dated this day of , 19 — . (Signed) , Justice of the peace. Said notice shall be served by mail or personally. When served by mail the justice of the peace shall deposit copies thereof in a sealed envelope in the postoffice at least ten days before the trial or hearing addressed to each of the persons on whom it is to be served at their place of residence and the postage prepaid thereon; provided, that such notice shall be served by mail only when the person on whom service is to be made resides out of the county in which said justice's court is situated, or is absent therefrom or has appeared in person. When personally served said notice shall be served at least five days before the trial or hearing on the persons on whom it is to be served by any person competent and qualified to serve a summons in a justice's court, and when personally served it shall be served, returned and filed in like manner as a sum- mons. When a party has appeared by attorney the notice may be served in the manner prescribed by subdivision one of 19 CODE OF CIVIL PROCEDURE, § 868 section one thousand eleven of this code. The justice shall enter on his docket the date of trial or hearing ; and when such notice shall have been served by mail the justice "shall enter on his docket the date of mailing such notice of trial or hearing and such entry shall be prima facie evidence of the fact of such service. The parties are entitled to one hour in which to appear after the time fixed in said notice, but are not bound to remain longer than that time unless both parties have appeared and the justice being present is engaged in the trial of another cause. [Amendment approved April 24, 1917; Stats. 1917, p. 190.] § 868. Attachment by sheriff or constable. Keeper. If more than one defendant. Service out of county. The writ may be directed to the sheriff or any constable of the county in which such justice court is situate and must require him to attach and safely keep all of the property of the defendant within his county not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand against the defendant, the amount of which must be stated in conformity with the complaint, unless the defendant, whose property has been or is about to be attached, give him security by the undertaking of two sufficient sureties, in an amount sufficient to satisfy such demand against such defendant be- sides costs; in which case to take such undertaking; provided, however, that wiienever a levy shall be made upon personal property, other than money, belonging to a going concern, then the sheriff must, if the defendant consents, place a keeper in charge of said attached property at plaintiff's expense for at least two days or more, and said keeper's fees must be pre- paid by the attaching creditor. After the expiration of said two days, the sheriff' shall take said property into his imme- diate custody, unless other disposition is made by the court or parties. In the event that the action is against more than one defend- ant, any defendant whose property has been or is about to be attached in such action may give the sheriff such undertaking, and the sheriff shall take the same, and such undertaking shall not subject such defendant to or be answerable for any de- mand against any other defendant, nor shall the sheriff thereby be prevented from attaching or be obliged to release from attachment, any property of any other defendant; pro- vided, however, that such defendant, at the time of giving such undertaking to the sheriff, shall file with the sheriff a statement duly verified under oath, wherein such defendant § 963 CODE OF CIVIL PROCEDURE. 20 shall aver and declare that the other defendant or defend- ants in the action in which said undertaking was given has or have not any interest or claim of any nature whatsoever in or to said property. Such statement must further contain the character of such defendant's title and the manner in which he acquired title to such attached property. Several writs may be issued at the same time to the sheriffs or constables of different counties ; provided, that where a writ of attachment issued by a justice of the peace is to be served out of the county in which it was issued, the writ of attach- ment shall have attached to it a certificate under seal by the county clerk of such county, to the effect that the person issu- ing the same was an acting justice of the peace of said county at the date of the writ. [Amendment approved May 26, 1917 ; Stats. 1917, p. 939.] § 963. Cases in which an appeal may be taken. An appeal may be taken from a superior court in the following cases: 1. From a final judgment entered in an action, or special proceeding, commenced in a superior court, or brought into a superior court from another court; 2. From an order granting a new trial in an action or pro- ceeding tried by a jury where such trial by jury is a matter of right, or granting or dissolving an injunction, or refusing to grant or dissolve an injunction, or appointing a receiver, or dissolving or refusing to dissolve an attachment, or changing or refusing to change a place of trial, from any special order made after final judgment, from any interlocutory judgment, order, or decree, hereafter made or entered in actions to redeem real or personal property from a mortgage thereof, or lien thereon, determining such right to redeem and directing an accounting; and from such interlocutory judgment in actions for partition as determines the rights and interests of the respective parties and directs partition to be made, and inter- locutory decrees of divorce. 3. From a judgment or order granting or refusing to grant, revoking or refusing to revoke, letters testamentary, or of administration, or of guardianship; or admitting or refusing to admit a will to probate, or against or in favor of the validity of a will, or revoknig or refusing to revoke the probate thereof; or against or in favor of setting apart property, or making an allowance, for a widow or child; or against or in favor of directing the partition, sale or conveyance of real property, or settling an account of an executor, administrator or guardian. 21 CODE OP CIVIL PROCEDURE. § 1238 or refusing, allowinfi or direetins: the distribution or partition of an estate, or any part thereof, or the payment of a debt, claim, or legacy, or distrilmtive share; or confirminp; or refus- ing to confirm a report of an appraiser or appraisers setting apart a homestead ; from an order, judgment or decree fixing inheritance tax or determining that no inheritance tax is due. [Amendment approved May 17, 1917; Stats. 1917; p. 624.] § 1238. Right of eminent domain. Subject to the provi- sions of this title, the right of eminent domain may be exer- cised in behalf of the following public uses : 1. Uses of United States, Fortifications, magazines, arse- nals, navy yards, navy and army stations, lighthouses, range and beacon lights, coast surveys, and all other public uses authorized by the government of the United States. 2. Uses of state. Public buildings and grounds for the use of the state, or any state institution, and all other public uses authorized by the legislature of the state. 3. Public utilities, counties, cities, etc. Any public utility, and public buildings and grounds, for the use of any county, incorporated city, or city and county, village, town or school districts, ponds, lakes, canals, aqueducts, reservoirs, tunnels, flumes, ditches or pipes, lands, water system plants, buildings, rights of any nature in water, and any other character of prop- erty necessary for conducting or storing or distri])uting water for the use of any county, incorporated city, or city and county, village or town or municipal water district, or the in- habitants thereof, or any state institution, or necessary for the proper development and control of such use of said water, either at the time of the taking of said property, or for the future proper development and control thereof, or for drain- ing any county, incorporated city, or city and county, village or town ; raising the banks of streams, removing obstructions therefrom, and widening and deepening or straightening their channels ; roads, highways, boulevards, streets and alleys ; pub- lic mooring places for water craft; public parks, including parks and other places covered by water, and all other public uses for the benefit of any county, incorporated city, or city and county, village or town, or the inhabitants thereof, which may be authorized by the legislature; but the mode of appor- tioning and collecting the costs of such improvements shall be such as may be provided in the statutes by which the same may be authorized. § 1238 CODE OF CIVIL PROCEDURE. 22 4. Wharves, ferries, bridges, etc. Wharves, docks, piers, warehouses, chutes, booms, ferries. ])rida:es, tollroads, byroads, plank and turnpike roads; paths and roads either on the sur- face, elevated, or depressed, for the use of bicycles, tricycles, motorcycles and other horseless vehicles, steam, electric, and horse railroads, canals, ditches, dams, poundings, flumes, aque- ducts and pipes for irrigation, public transportation, supply- ing- mines and farming neighborhoods with water, and drain- ing and reclaiming lands, and for floating logs and linnber on streams not navigable, and water, water rights, canals, ditches, dams, poundings, flumes, aqueducts and pipes for irrigation of lands furnished with water by corporations supplying water to the lands of the stockholders thereof only, and lands with all wells and water therein adjacent to the lands of any municipality or of any corporation, or person supplying water to the public or to any neighborhood or community for domes- tic use or irrigation. 5. Roads, flumes, etc., for mines. Roads, tunnels, ditches, flumes, pipes and dumping places for working mines; also out- lets, natural or otherwise for the flow, deposit or conduct of tailings or refuse matter from mines ; also an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit, or conduct of tailings or refuse matter from their several mines. 6. Byroads. Byroads leading from highways to residences, farms, mines, mills, factories and buildings for operating ma- chinery, or necessary to reach any property used for pul)lie purposes. 7. Telegfraph. Telegraph and telephone lines, systems and 1)1 ants. 8. Sewerage. Sewerage of any incorporated city, city and county, or of any village or town, whether iucorporated or unincorporated, or of any settlement consisting of not less than ten families, or of any buildings belonging to the state. or to any college or university, also the connection of private i-esidences and other l)uildiugs, through other property, with the mains of an ostal)l'shed sewer system in any such city, city arifl cormty, town or village. 0. Roads. IJoads foi- tra)is])oi-ta1ion hy ti'actiou engines or road locomotives. U). Pipe-lines. Oil |)i|)e-lines. 23 CODE OF CIVIL PROCEDURE. ' § 1238 11. Lumbering. Railroads, roads and flumes for quarrying, logging or lumbering purposes. 12. Canals, reservoirs, dams, etc. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes and outlets natural or otherwise for supplying, storing, and discharging water for the operation of machinery for the purpose of generating and transmitting electricity for the supply of mines, quarries, rail- roads, tramways, mills, and factories with electric power ; and also for the applying of electricity to light or heat mines, quarries, mills, factories, incorporated cities and counties, vil- lages or towns ; and also for furnishing electricity for lighting, heating or power purposes to individuals or corporations ; to- gether with lands, buildings and all other improvements in or upon which to erect, install, place, use or operate machinery for the purpose of generating and transmitting electricity for any of the purposes or uses a'nove set forth. 13. Power lines. Electric power lines, electric heat lines, electric light lines, electric light, heat and power lines, and works or plants, lands, buildings or rights of any character in water, or any other character of property necessary for the generation, transmission or distribution of electricity for the purpose of furnishing or supplying electric light, heat or power to any county, city and county or incorporated city or town, or the inhabitants thereof, or necessary for the proper develop- ment and control of such use of such electricity, either at the time of the taking of said property, or for the future proper development and control thereof. 14. Cemeteries. Cemeteries for the burial of the deed, and enlarging and adding to the same and the grounds thereof. 15. Public records. The plants, or any part thereof or any record therein of all persons, firms or corporations heretofore, now or hereafter engaged in the business of searching public records, or publishing public records or insuring or guarantee- ing titles to real property, including all copies of, and all abstracts or memoranda taken from, public records, which are owned by, or in the possession of such persons, firms or corpo- rations, or which are used by them in their respective busi- nesses; provided, however, that the right of eminent domain in behalf of the public uses mentioned in this subdivision may be exercised only for the purposes of restoring or replacing, in whole or in part, public records, or the substance of public records, of any city^ city and county, county or other munici- § 1269 CODE OP CIVIL PROCEDURE. 24 pality, Avhieh records have been, or may hereafter be, lost or destroyed by conflairration or other public calamity; and pro- vided, further, that such risrht shall be exercised only by the city, city and county, county or municipality, whose records, or part of whose records, have been, or may be. so lost or destroyed. 16. Fairs. Expositions or fairs in aid of which the eri'antin^ of public moneys or other thing^s of value has been authorized by the constitution. 17. Gasworks, etc. AVorks or plants for supplying gas, heat, refrigeration or power to any county, city and county, or in- corporated city or town, or the inhabitants thereof, together with lands, buildings, and all other improvements in or upon which to erect, install, place, maintain, use or operate ma- chinery, appliances, works and plants for the purpose of gener- ating, transmitting and distributing the same and rights of any nature in water, or property of any character necessary for the purpose of generating, transmitting and distributing the same, or necessary for the proper development and control of such use of such gas, heat, refrigeration, or power, either at the time of the taking of said property, or for the future proper development and control thereof. 18. Trees along highways. Standing trees and ground necessary for the support and maintenance thereof, along the course of any highway, within a maximum distance of three hundred feet on each side of the center thereof; and ground for the culture and growth of trees along the course of any highway, within a maximum distance of three hundred feet on each side of the center thereof. [Amendment approved April 5, 1917; Stats. 1917, p. 59.] § 1269. Action on behalf of state. Description of property. Order to appear. If proceedings for administration have been instituted. State treasurer to hold property. At any time after two ycai's aftei- 1lu' death of any decedent, leaving prop- erty to which the state is entitled by reason of its having escheated to the state, tlie attorney general shall commence a proceeding on behalf of the state in the superior court for Sacramento county to have it adjudged that the state is so entitled. Such action shall be commenced by filing a petition, which sliall l)e ti'cated as the information elsewhere referred to in this tilh;. Thei-e shall be set forth in such petition a (b.'Scri])1ioii of Ihc |)i-()|)cfty, Hk^ name ol" the person last pos- 25 CODE OF CIVIL PROCEDUilEl. § 1269 sessed thereof, the name of the person, if any, claiming snch property, or any portion thereof, and the facts and circum- stances by virtue of which it is claimed the property has escheated. Upon the filing of such petition, the court must make an order requiring all persons interested in the estate to appear and show cause, if any they have, within sixty days from the date of the order, why such estate should not vest in the state. Such order must be published at least once a week for four successive weeks in a newspaper published in said county of Sacramento, the last publication to be at least ten days prior to the date set for the hearing. Upon the comple- tion of the publication of such order the court shall have full and complete jurisdiction over the state, the property, and the person of everyone having or claiming any interest in the said property, and shall have full and complete jurisdiction to hear and determine the issues therein, and render the appropriate judgment thereon. If proceedings for the administration of such estate have been instituted, a copy of such order must be filed with the papers in such estate in the office of the county clerk where such proceedings were had. If proceedings for the administration of any estate of any such decedent have been instituted and none of the persons entitled to succeed thereto have appeared and made claim to such property, or any portion thereof, before the decree of final distribution therein is made, or before the commencement of such proceed- ing by the attorney general, or if the court shall find that such persons as have appeared are not entitled to the property of such estate, or of any portion thereof, the court shall, upon final settlement of the proceedings for the administration of such estate, after the payment of all debts and expenses of administration, distribute all moneys and other property re- maining to the state of California. The property so dis- tributed shall be held by the state treasurer for a period of five years from the date of the decree making such distribu- tion within which time the same may be claimed in the manner in this title hereafter provided, but a nonresident foreigner claiming succession in any case must appear and claim within five years from the death of the decedent, and any person who does not appear and claim as herein required shall be forever barred, and such property, or so much thereof as is not so claimed, shall vest absolutely in the state. In any proceeding brought by the attorney general under this title any two or more parties and any two or more causes of action may be joined in the same proceeding and in the same petition with- out being separately stated, and it shall be sufficient to allege §§ 1272a-1380 code of civil peoceduee. 26 in the petition that the decedent left no heirs to take the estate and the failure of heirs to appear and set up their claims in any such proceeding, or in any proceedings for the adminis- tration of such estate, shall be sufficient proof upon which to base the judgment in any such jjroceeding or such decree of distribution. Where proceedings for the administration of any estate have not been commenced within six months from the death of any decedent the attorney general may direct the public administrator to commence the same forthwith. [Amendment approved May 5, 1917; Stats. 1917, p. 253.] § 1272a. Petition showing claim to estate deposited with state treasurer. Claim for less than $300. When the estate, or any portion thereof, of any decedent has been deposited with the state treasurer under the provisions of this code, any person entitled to succeed and not a party or privy to any proceeding had under any of the foregoing sections of this title, and who has not appeared in the proceedings for the administration of such estate, may, within five j'ears after the date of the decree of final distribution, unless otherwise barred, file a petition in the superior court for Sacramento county against the state of California showing his claim or right to the property, or the proceeds thereof, or to any portion thereof. Said petition shall be verified, and, among other things, must state the facts required to be stated in a petition filed under section one thousand two hundred and seventy-two of this code, and upon the filing thereof the same proceedings shall be had as are therein required. Whenever the amount claimed by any such person is less than three hundred dollars any such claimant may, in lieu of filing such petition, present his claim to the state board of control, showing the same facts required to be stated in such petition and said board may, upon recom- mendation of the attorney general, allow and order paid such claim, provided that no such claim shall be so allowed or paid until at least five years after the death of the decedent and then, only, in the event that no other claim is made to such jjroperty. When payment has been made under this title to any claimant no suit shall thereafter be maintained by any other claimant against the state, or any officer thereof, for or on account of such property. [New section added May 5, 1917; Stats. 1917, p. 254.] § 1380. Request for special notice of proceedings. At any time after the issuance of letters testamentary or of adminis- tration upon the estate of any decedent, any person interested 27 CODE OF CI ML PROCEDURE. § 1415 in said estate (including the state controller), wliether as heir, devisee, or legatee, or the attorney for such heir, devisee, or legatee, may serve upon the executor or administrator (or upon the attorney for the executor or administrator) and file with the clerk of the court wherein administration of such estate is pending, a written request, stating that he desires special notice of any or all of the following mentioned matters, steps or proceedings in the administration of said estate, to wit: 1. FiUng of petitions for sales, leases or mortgages of any property of the estate. 2. Filing of accounts. 3. Filing of petitions for distribution. 4. Filing of petitions for partition of any property of the estate. Such request shall state the postoffice address of such heir, devisee, or legatee, state controller, or his attorney, and there- after a brief notice of the filing of any of such petitions or accounts, except petitions for sale of perishable property or other personal property, which will incur expense or loss by keeping, shall be addressed to such heir, devisee, or legatee, state controller, or his attorney, at his stated postoffice address, and deposited in the United States postoffice with the postage thereon prepaid, within two days after the filing of such peti- tion or account ; or personal service of such notices may be made on such heir, devisee, or legatee, state controller, or his attorney, within said two days and such personal service shall . be equivalent to such deposit in the postoffice, and proof of mailing or of personal service must be filed with the clerk before the hearing of such petition or account. If upon the hearing it shall appear to the satisfaction of the court that the said notice has been regularly given, the court shall so find in its order or judgment and such judgment shall be final and conclusive upon all persons. [Amendment approved May 5, 1917; Stats. 1917, p. 276.] § 1415. Duties of special administrators. The special ad- ministrator must collect and preserve for the executor or administrator, all the goods, chattels, debts, and effects of the decedent, all incomes, rents, issues and profits, claims, and de- mands of the estate ; must take the charge and management of, enter upon, and preserve from damage, w^aste and injury, the real estate, and for any such and all necessary purposes may commence and maintain or defend suits and other legal proceedings as an administrator; he may sell such perishable §§ 1418-1444 CODE OF CIVIL PROCEDURE. 28 property as the court may order to be sold, and exercise such other powers as are conferred upon him by his appointment, but in no case is he liable to an action by any creditor on a claim against the decedent. The special administrator may commence and maintain all proceedings, do all acts, and apply for and obtain all orders and decrees, authorized or provided for, in or by article five of chapter seven of title eleven of this code, in the same manner and with like effect as an executor or administrator. [Amendment approved April 6, 1917 ; Stats. 1917, p. 81.] § 1418. Payment of secured debts by special administrators.' If it shall appear by the verified petition of any special admin- istrator, or other person interested in any estate in the charge of any special administrator, that any of the property of said estate is subject to any mortgage, lien or deed of trust, to secure the payment of money, and that any amount so secured, either principal or interest, is past due and unpaid; that the holder of the security threatens or is about to enforce or fore- close the same and that the said property exceeds in value the amount of the entire obligation thereon, and an order is asked directing or permitting said special administrator to pay all or any part of the amount so secured, the court or a judge thereof shall fix a time for the hearing of said petition and shall direct notice of not less than ten days to be given by posting in three public places and by personal service on all parties who have appeared or their attorneys. At the time so appointed, if the allegations of such petition shall be proven to the satisfaction of the court and it shall appear to be for the best interests of said estate, the court may order the spe- cial administrator to pay interest or other portions or the whole of the secured debt, and, in its discretion, may direct the special administrator to take proceedings under article five of chapter seven of title eleven of this code to secure funds for such purpose. Any such order for payment of interest may also direct that interest not yet accrued be paid as it becomes due and such order shall remain in effect and cover such future interest until and unless thereafter for good cause set aside or modified by the court upon similar petition and notice to that hereinabove provided. [New section added April 6, 1917; Stats. 1917, p. 82.1 § 1444. Appraisers of estates of deceased persons. To make the {ipprjiiscinent, the (!0urt, or a judge thereof, must ;ipp()itit ttirc*' (lisiii1iiniarily liable on instrument. § 32(j(ib. Reasonable time, what constitutes. § 32G0c. Time, how computed, wlicu last day falls on holiday. § 3266d. Application of act. §3266. Definitions. In this title, unless the context other- wise requires — "Acce])tance" uieaiis an aceeptnnce completed by delivery or Jiolification. "Action" iii('lii(U'S (•ouiitci'clniiii ;nul setoff. "Uank" includes any person or association of persons carry- ing on the business of banking, whether incorporated or not. "Bearer" means the person in possession of a bill or note wliicli is payjiblc lo Ix'ai'cr. 99 CIVIL CODE. §§ 3266a-3320 ''Bill" moans bill of exchange, and "note" means negoti- able promissory note. "Delivery" means transfer of possession, actual or con- sti'uctive, from one person to another. "Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed l)}^ de- li^'ery. ,, , j,iJ "Instrument" means negotiable* instrument. "Issue" means the first delivery of the instrument complete in form, to a person who takes it as a holder. "Person" includes a body of persons, whether incorporated or not. "Value" means valuable consideration. "Written" includes printed, and "writing" includes print. Sec note to § 30S2. § 3266a. Person primarily liable on instrument. The person "jirimarily " liable on an instrument is the person who b}^ the terms of the instrument is absolutely required to jiay the same. All other parties are "secondarily" liable. See note to § 30S2. § 3266b. Eeasonable time, what constitutes. In determin- ing what is a "reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case. Sec note to § 3082. § 3266c. Time, how computed when last day falls on holi- day. Where the day, or the last day, for doing any act herein required or permitted to be done falls on Sunday or on a holi- day, the act may be done on the next succeeding secular or business day. See note to § 3082. § 3266d. Application of act. The provisions of this title do not apply to negotiable instruments made and delivered prior to the taking effect hereof. In any case not provided for in this title the rules of law and equity including the law-merchant shall govern. See note to § 3082. § 3320. Liability for nonpayment of check. No bank shall be liable to a depositor because of the nonpayment through §3440 CIVIL CODE. 100 mistake or error, and without malice, of a check which should have been paid unless the depositor shall allege and prove actual damage by reason of such nonpayment and in such event the liability shall not exceed the amount of damage so proved. [New section added May 17, 1917; Stats. 1917, p. 622.] § 3440. Transfers presumed fraudulent. Exceptions. Re- cording of notice of sale. Sales at public auction. Transfers under order of court. Every transfer of personal property, other than a thing in action, or a ship or cargo at sea or in a foreign port, and every lien thereon, other than a mortgage, when allowed by law, and a contract of bottomry or respon- dentia, is conclusively presumed if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things trans- ferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession, and the suc- cessors in interest of such creditors, and against any persons on whom his estate devolves in trust for the benefit of others than himself, and against purchasers or encumbrancers in good faith subsequent to the transfer; provided, however, that the provisions of this section shall not apply to the transfer of wines in the wineries or wine cellars of the makers or owners thereof, or other persons having possession, care, and control of the same, and the pipes, casks, and tanks in which the said wines are contained, which transfers shall be made in writing, and certified and verified in the same form as provided for chattel mortgages, and which shall be recorded in the book of miscellaneous records in the office of the county recorder of the county in which the same are situated ; provided, also, that the sale, transfer, or assignment of a stock in trade (or of such a quantity of a stock in trade as to be substantially a whole) in bulk, or in any manner otherwise than in the or- dinary course of trade and in the regular and usual practice and method of business of the vendor, transferrer, or assignor, and the sale, transfer, assignment or mortgage of the fixtures or store equipment of a merchant, will be conclusively pre- sumed to be fraudulent and void as against the existing cred- itors of the vendor, transferrer, assignor or mortgagor, unless at least seven days Ijefore the consummation of such sale, trans- fer, assignment or mortgage the vendor, transferrer, assignor or mortgagor, or the intended vendee, transferee, assignee, or mortgagee, shall record in the office of the county recorder in 101 CIVIL CODE. § 3440 the county or counties in which the said stock in trade, fix- tures or equipment are situated a notice of said intended sale, transfer, assignment or mortgage, stating the name and ad- dress of the intended vendor, transferrer, assignor or mort- gagor, and the name and address of the intended vendee, transferee, assignee or mortgagee, and a general statement of' the character of the merchandise or property intended to be sold, assigned, transferred or mortgaged, and the date when and the place where the purchase price or consideration, if any there be, is to be paid ; provided, nevertheless, that if such intended sale is to be at public auction the notice above re- quired to be recorded shall state that fact, the time, terms, and place of said sale, the names and addresses of the vendor and auctioneer, and a general statement of the character of the merchandise or property intended to be sold; but such sale shall in no event occur within seven days of the date of recordation of said notice; provided, further, that the pro- visions of this section shall not apply, or extend to any sale, transfer, assignment or mortgage made under the direction or order of a court of competent jurisdiction or by any executor, administrator, guardian, receiver, or other officer or person acting in the regular and proper discharge of official duty, or in the discharge of any trust imposed upon him by law, nor to any transfer or assignment, statutory or otherwise, made for the benefit of creditors generally, nor to any sale, transfer, assignment or mortgage of any property exempt from execu- tion. [Amendment approved May 5, 1917; Stats. 1917, p. 255.] THE PENAL CODE OF CALIFORNIA. AMENDMENTS OF 1917. § 63. United States senator, candidates for must not give or promise pecuniary aid to legislative candidates. [Re- pealed by aet approved April 24, 1917; Stats. 1917, p. 170.] § 631/2- Members of legislature shall not accept any- valuable consideration. [Repealed hv act approved Anril 24, 1917; Stats. 1917, p. 170.] § 109a. Escapes from state hospitals. Any person who willfully assists any inmate of a state hospital to escape, or in an attempt to escape therefrom, is guilty of a mis- demeanor. [New section added May 5, 1917; Stats. 1917, p. 275.] § 259. Newspaper articles of personal character must be signed. Penalty for violation. Name of author of book or news agency sufficient. [Repealed bv act approved April 24, 1917; Stats. 1917, p. 174.] § 270. Penalty for not furnishing child with food, etc. A parent of eitlicr a legitimate or illegitimate minor child who willfully omits, without lawful excuse to furnish necessary food, clothinj^", shelter, or medical attendance for his child, is punishable by imprisonment in the state prison, or in the county jail, not exceeding two years, or by fine not exceeding one thousand dollars, or by both. The su- perior court, sitting as a juvenile court, may exercise origi- nal jurisdiction over all such offenses. [Amendment ap- proved May 5, 1917; Stats. 1917, p. 252.] § 310. Desecration of national flag. Pena,lty. Any per- son, firm or corporation, who, in any manner, for exhibition (103) §§ 331-351a PENAL CODE. 104 or display, puts, places, or causes to be placed, an inscrip- tion, picture, device, design, symbol, name, advertisement, Avord, letter, character, mark or notice of any kind whatso- ever, upon any flag of the United States, or ensign evi- dently purporting to be such flag, or Avho in any manner appends, annexes or affixes to any such flag any inscription, picture, device, symbol, name, advertisement, word, letter, character, mark or notice whatsoever, or who displays or exhibits, or causes to be displayed or exhibited, any flag of the United States or ensign purporting to be such flag, upon Avhich is put, attached, annexed, affixed or placed in anj^ manner, any inscription, picture, design, device, sym- bol, name, advertisement, word, letter, mark or notice what- soever, or who mutilates, tramples upon, or otherwise de- faces or defiles any such flag, said flag being public or private property, or who places or causes to be placed on any manufactured or prepared article or covering of said article, such flag or indication of such flag, or who uses or causes to be used for purposes of a commercial or other trademark, such flag or indication of such flag, shall be fined not more than two hundred dollars or imprisoned not more than one year, or both, for each and every offense, in the county jail of the county in vrhich the trial is held; provided, however, that flags or ensigns, the property of and used in the service of the United States, or any state, territory or District of Columbia, may have inscriptions, names of actions, battles, skirmishes, or words^ marks or symbols, which are placed thereon pursuant to law or authorized regulations. [Amendment approved April 5, 1917; Stats. 1917, p. 43.] § 331. Gambling' in houses owned or rented. Every person who knowingly permits any of the games mentioned in section three hundred thirty and section three hundred thirty 7;].] § 506a. Collector defined. Any person Avho, acting as collector, or acting in any capacity in or about a business conducted for the collection of accounts or debts OAving by anotlier person, and avIio A-iolates tbe ]U'ovisions of section 107 TENAL CODE. §§ 537d-561 five hundred six of tlie Penal Code, shall be deemed to be an a^ent or person as defined in said section five hundred six of the Penal Code, and subject for a violation of the provisions of said section five hundred six of the Penal Code, to be prosecuted, tried, and punished in accordance therewith and with law ; and the word collector herein set forth shall also include and be held to mean every such person who collects, or who has in his possession or under his control property or money for the use of any other per- son, whether in his owni name and mixed Avith his own property or money, or otherwise, or whether he has any interest, direct or indirect, in or to such property or money, or any portion thereof, and who fraudulently appropriates to his own use, or the use of any person other than the true ownier, or person entitled thereto, or secretes such property or money, or any portion thereof, or interest therein not his own, Avith a fraudulent intent to appropriate it to any use or purpose not in the due and laAvful execution of his trust. [New section added May 24, 1917 ; Stats. 1917, p. 931.] § 537d. Removing" automobile subject to lien misde- meanor. Any person Avho surreptitiously or by false pre- tenses obtains or removes from any garage or repair shop any automobile or other personal property upon wdiich the proprietor or manager thereof Avould be entitled to a lien, pursuant to the provisions of section three thousand fifty- one of the Civil Code, is guilty of a misdemeanor. [New section added May 7, 1917; Stats. 1917, p. 2-91.] § 561. Frauds by bank officers, etc. An officer, director, agent, teller, clerk or employee of any bank, Avho, either, 1. Knowingly overdraws his account Avith such bank and thereby obtains the money, notes or funds of any such bank ; or 2. Asks for, receives, or consents or agrees to receive, any commission, emolument, gratuity or reward, or any promise of any commission, emolument, gratuity or rcAvard, or any money, property or thing of value or of personal advantage for procuring or endeaA'oring to procure for any jDerson, firm or corporation, any loan from, or the purchase or dis- count of any paper, note, draft, check or bill of exchange by any such bank, or for permitting any person, firm or corporation to AvithdraAv any account with such bank, is guilty of a felony. [Amendment approved May 17, 1917; Stats. 1917, p. 579.] §§ 561a-561d penal code. 108 § 561a. Any officer, director, trustee, employee or agent of any bank in this state, who abstracts or willfully mis- applies any of the money, funds or property of such bank, or willfully misapplies its credit, is guilty of a felony. Nothing in this section shall be deemed or construed, to repeal, amend or impair any existing provision of law pre- scribing a punishment for any such offense. [New section added May 17, 1917; Stats. 1917, p. 579.] § 561b. Frauds by director of bank. Every director of a bank in this state who 1. In case of the fraudulent insolvency of such bank, shall have participated in such fraud ; or 2. Willfully does any act as such director which is ex- pressly forbidden by law or willfully omits to perform any duty imposed upon him as such director by law, is guilty of a misdemeanor. The insolvency of a bank is deemed fraudulent unless its affairs appear upon investigation to have been administered clearly, legally and with the same care and diligence that agents receiving a compensation for their services are bound, by law, to observe. [New section added May 17, 1917; Stats. 1917, p. 579.] § 561c. Guaranty in sum beyond legal amount. An officer or agent of any bank in this state, who makes or de- livers any guaranty or indorsement on behalf of such bank, whereby it may become liable upon any of its discounted notes, bills or obligations, in a sum beyond the amount of loans and discounts which such bank may legally make, is guilty of a misdemeanor. [New section added Mav 17, 1917; Stats. 1917, p. 580.] § 561d. Loan to director. Deposit with corporation to make loan. Concealing" accounts or loans. A director of a bank, organized under the laws of this state, who concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended to make a loan or dis- count to any director of such corporation, or upon paper upon which any such director is liable or responsible to an amount exceeding the amount allowed by the statutes; or Any director, trustee, officer or employee of any such bank who makes or maintains, or attempts to make or main- tain, a deposit of such bank's funds with any other corpora- tion on condition, or with the understanding, express or implied, that the corporation receiving such deposit make a 109 PENAL CODE. §§ 563a, 563b loan or advance, directly or indirectly, to any director, trustee, officer or employee of the corporation so making or maintaining or attempting to make or maintain such deposit; or Any officer or employee of any such bank who inten- tionally conceals from the directors or trustees of such bank any discounts or loans made by it between the regular meetings of its board of directors or trustees, or the pur- chase of any securities or the sale of its securities during the same period, or knowingly fails to report to the board of directors or trustees when required to do so by law, all discounts or loans made by it and all securities purchased or sold by it between the regular meetings of its board of directors or trustees, is guilty of a misdemeanor. Nothing in this section shall render any loan made by the directors of any bank, in violation thereof, invalid. [New section added May 17, 1917; Stats. 1917, p. 580.] § 563a. False entry. Any officer, director, trustee, em- ployee or agent of any bank organized under the laws of this state, who makes a false or untrue entry in any book or any report, tag or statement, of the business, affairs or condition, in whole or in part, of such corporation, with intent to deceive any officer, director or trustee thereof, or any agent or examiner, private or official, employed or law- fully appointed to examine into its condition or into any of its affairs, or any public officer, office or board to which such bank is required by law to report, or which has au- thority by law to examine into its affairs or into any of its affairs, or who, with like intent, willfully omits to make a new entry of any matter particularly pertaining to the business, property, affairs, assets or accounts of such bank in any book, report, statement, or tag of such bank made, written or kept, or required to be made, written or kept by him or under his direction, is guilty of a felony. [New section added May 17, 1917; Stats. 1917, p. 579.] § 563b. Circulating false rumors regarding bank. Any person who willfully and knowingly makes, circulates or transmits to another or others any statement or rumor, written, printed or by word of mouth, which is untrue in facts and is directly or by inference derogatory to the financial condition or affects the solvency or financial stand- ing of any bank, doing business in this state, or who know- ingly counsels, aids, procures or induces another to start, §§ 599f-602 PENAL CODE. 110 transmit or circulate any such statement or rumor, is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. [New section added April 11, 1917; Stats. 1917, p. 92.] § 599f. Penalty for killing elk. Every person who will- fully kills any elk, is guilty of a felony, and is punishable by imprisonment in the state prison for a term not exceed- ing two years and the possession of any elk meat shall be prima facie evidence of a violation of this act. [Amend- ment approved April 5, 1917; Stats. 1917, p. 39.] § 602. Malicious injury to real property. Every person "vvho willfully commits any trespass by either : (a) Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another ; (b) Carrying away any kind of wood or timber lying on such lands ; (c) Maliciously injuring or severing from the freehold of another anything attached thereto, or the produce thereof ; (d) Digging, taking, or carrying away from any lot situ- ated within the limits of any incorporated city, without the license of the owner or legal occupant thereof, any earth, soil, or stone ; (c) Digging, taking, or carrying away from land in any city or toAvn, laid down on the map or plan of such city, or otberwise recognized or established as a street, alley, avenue, or park, Avithout the license of the proper authori- ties, any earth, soil or stone ; (f) Maliciously tearing down, danmging, mutilating or destroying any sign, signboard or notice placed upon, or affixed to, any property belonging to the state, or to any city, county, city and county, town oi' village, by the state or by an autoiuol)ile association, Avhich sign, signboard or notice is intended to indicate or designate a road or roads, or a highway or highways, or is intended to direct travelers from one point to another; or putting up, affixing, fasten- ing, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedi- cated to the public, or upon any property of any person, witliout license from the owner, any notice, advertisement, ()!• designation of, or any luime for any connnodity, whether .1 1 1 PENAL CODE. § 626 for sale or otherwise, or any ])ieture, sifi'ii, oi' deviee in- tended to call attention thereto ; (g) Entering upon any lands OAvned by any other person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away any oysters or other shellfish planted, growing, or being on any such lands, whether covered l)y water or not. without the license of the owner or legal occupant thereof; or destroying or remov- ing, or causing to be removed oi* destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any such lands ; (h) Willfully opening, tearing down, or otherwise destroying any fence on the inclosed land of another, or opening any gate, bar, or fence of another and willfully leaving it open without the permission of the owner, or maliciously tearing down, mutilating, or destroying any sign, signboard, or other notice forbidding shooting on private property ; or (i) Entering any inclosure belonging to, or occupied by another, for the purpose of hunting, shooting, killing, or destroying any kind of game within such inclosure, with- out having first obtained permission from the OAvner of such inclosure ; Is guilty of a misdemeanor. [Amendment approved May 10, 1917; Stats. 1917, p. 319.] § 626. Protection of ducks, geese, crane, etc. Valley quail. Rabbit. Mountain quail. Grouse. Sag^ehen. Every per- son Avho, betAveen the first day of February and the fif- teenth day of October, both dates inclusive, of any year, hunts, pursues, takes, kills or destroys, or has in his posses- sion, any kind of Avild duck, or goos?, or brant, or mud- hen, or gallinule, or Wilson snipe ; or Avho, at any time, takes, kills or destroys, or has in his possession, any rail, or Avood duck, or Avild pigeon, or any shore-bird, except Wil- son snipe, or any sandhill crane, Avhooping crane or little brown crane ; or Avho, betAveen the first day of February and the fourteenth day of November, both dates inclusive, of any year, hunts, pursues, takes, kills, or destroys, or has in his possession, any desert or valley quail, or cottontail or brush rabbit ; or Avho, betAveen the first day of December and the thirty-first day of August, both dates inclusive, of the folloAving year, hunts, pursues, takes, kills, or destroys, or has in his possession, any mountain quail; or Avho, be- tAveen the fifteenth day of October and the fourteenth day §§ 626a-626e penal code. 112 of September, both dates inclusive, of the year following, hunts, pursues, takes, kills, or destroys, or has in his posses- sion, any grouse is guilty of a misdemeanor ; or who, be- tween the first day of October and the fourteenth day of August, both dates inclusive, of the year following, hunts, pursues, takes, kills or destroys, or has in his possession any sagehen, is guilty of a misdemeanor; provided, that in fish and game district number four every person who at any time hunts, pursues, takes, kills or destroys, or has in his possession any sagehen is guilty of a misdemeanor; pro- vided, further, that in fish and game districts numbers two, three and four, and any fish and game districts lying be- tween the northern boundary of Mendocino county and the southern boundary of San Diego county, every person, who, betAveen the first day of February and the fourteenth day of November, both dates inclusive, of any year, hunts, pur- sues, takes, kills, or destroys, or has in his possession, any mountain quail is guilty of a misdemeanor. [Amendment approved May 18, 1917; Stats. 1917, p. 652.] § 626a. Dove-hunting in fish and g^ame district No. 1. Every person who, between the first day of December and the thirty-first day of August of the year following (both dates inclusive), hunts, takes, kills, pursues or destroys or has in his possession any dove is guilty of a misdemeanor; provided, that in fish and game district number one, every person who, between the first day of November and th^ thirty-first day of July of the year following (botb dates inclusive), of any year, hunts, takes, kills, pursues or destroys, or has in his possession, any dove, is guilty of a misdemeanor. [Amendment approved April 5, 1917; Stats. 1917, p. 38.] § 626e. Hunting female deer, etc., misdemeanor. 1. Every j)ei'son who hunts, pursues, takes or destroys or has in his possession any female deer, spotted fawn or spike buck, antelope or mountain sheep is guilty of a misde- meanor. 2. Hunters to retain portion of head bearing horns. Every person taking oi- killing any deer must retain in his possession during the open season and for ten days after the close of the open season the skin and portion of the head bearing the horns and must produce this upon the demand of anv officer authoi-i/ed to enforce the fish and game laws. 113 PENAL CODE. §§ 626j-626o Any person failing to comply with the provisions of this section is guilty of a inisdenieanor. 3. "Spiked buck" defined. For the purpose of this act, any male deer Avith unbranched horns or antlers shall be considered a "spiked buck." [Amendment approved April 5, 1917; Stats. 1917, p. 58.] § 626j. Tracking- deer v^^ith more than one dog* mis- demeanor. Every person, who, owning, controlling, or having in his possession any dogs, suffers, permits or allows more than one of said dogs to run, track or trail any deer at any time during the open season that deer may be law- fully killed is guilty of a misdemeanor. Every person, who, owning, controlling or having in his possession any dogs, suffers, permits or allows any of said dogs to run, track or trail any deer during the closed season for the taking of deer is guilty of a misdemeanor. [Amend- ment approved April 5, 1917 ; fStats. 1917, p. 59.] § 6261. Permission to take fish and game for scientific purposes. Nothing in this chapter, nor the Penal C^ode, shall prohibit the possession or the taking alive for scien- tific, educational or propagation purposes any of the wild game birds or game mammals or fishes of this state ; pro- vided, however, permission to take, kill and possess said wild game birds, game mammals or fishes for said purposes shall have been first obtained in writing from the state board of fish and game commissioners, and said permit shall accompany the shipment of said wild game birds or game mammals _or fishes and shall exempt them from seiz- ure while passing through any part of this state, or while in possession, in accordance with said permit. AH game birds or game mammals or fish taken under any permit shall be taken under the supervision of said board. [Amendment approved April 16, 1917; Stats. 1917, p. 139.] § 626o. Shooting- ducks from launch unlawful. Every person who, in the state of California, shoots at any kind of wild duck from a launch or other boat propelled by steam, gasoline, naphtha, electricity or other power, while said launch or boat is in motion, is guilty of a misdemeanor ; provided, that in fish and game district four A every per- son who shoots at any kind of wild duck from any boat except a sailboat or rowboat is guilty of a misdemeanor. [Amendment approved May 28, 1917; Stats. 1917, p. 1279.] §§ 626p-fi26s PENAL CODE. 1 14 § 626p. Hunting- beaver. Penalty. Every person, who takes, catches or kills or has in his possession any beaver, or who has in his possession any green Ijeaver hides, is gnilty of a misdemeanor. (a) Provided, that the state fish and game commission may in writing authorize any person to take, catch or kill any beaver, when notice in Avriting is given the state fish and game commission that beavers are endangering or destroying the levees or other protective works of any reclamation district, levee district, or swamp-land district. (b) Provided, further, that the person or persons so tak- ing, catching or killing any such beavers shall, within ten days thereafter, report in writing such taking, catching or killing and the place thereof to the state fish and game com- mission, and the state fish and game commission may there- upon issue permission in writing for the disposal of such hide or pelt so taken, caught or killed. (c) Provided, further, that the provisions of this section shall not apply to the skin or pelt of any beaver taken, caught or killed in any other state or country in which the taking, catching, killing and sale of beavers is per- mitted. (d) Every person found guilty of a violation of the pro- visions of this section must be fined in a sum not less than tAventy-five dollars, nor more than five hundred dollars, or imj)risonment in the county jail of the county in which the conviction shall be had not less than twenty-five days, nor more than one hundred and fifty days, or by both such fine and imprisonment. [Amendment approved April 5, 1917 ; Stats. 1917, p. 39.] § 626r. Penalty for sale of aigTettes, etc. Every person who, after the lii'st day of November, one thousand nine hundred seventeen, sells or offers for sale or has in his possession for sale any aigrette or egret, osprey, bird of paradise, goura, or numidi, or the plume feathers, quills, head, wings, tail, skin, or parts of skin, raw or manufac- tured, of the said aigrette or egret, osprey, bird of para- dise, goui-a or numidi, shall be guilty of a misdemeanor. [New section added May 18, 1917; Stats. 1917, p. 662.] § 626s. Protection of fish and g"ame in districts one A. etc. Penalty. Every person \\li(), in fish and game dis- tricts miiiihci's one A, one P>, one (J, one D, one E, one F, one G, one II, oiu' I, i)tember and the thirty-first day of January of the year following, both dates inclusive, and for tlie purpose of taking smelt only. For the purpose of this act, any net hauled from the water to the beach or shore for the purpose of taking fish, shall be known as a beach-net. Fyke-nets. It shall be .lawful to use fyke-nets in fish and {/amc district twelve B fo?- the purpose of catching catfish, carp, pike, hard-heads and siicUers between the fifteenth day of August and the foiwlcciith day of May of the year fol- 139 PENAL CODE. § 636 lowing, both dates mclusive ; provided, that tlie smallest meshes of any fyke-net so used shall measure not less than two and one-half inches in length. Trawl-nets. It shall be lawful to use trawl-nets (also known as i^aranzella nets, beam trawls or shrimp trawls), in fish and game districts five, six, seven, thirteen and eighteen; provided, that the use of any trawl-net in fish and game dis- trict thirteen shall be for the purpose of taking shrimp only. Crab-nets. It shall be lawful to use crab-nets in fish and game districts five, six, seven, eight, nine, ten, eleven, tAvelve, thirteen, seventeen, eighteen and nineteen, and lobster-traps in fish and game districts seventeen, eighteen and nineteen. Shrimp-nets. It shall be lawful to use shrimp-nets (also known as Chinese shrimp or bag nets) in fish and game dis- trict thirteen for the purpose of taking shrimp only; pro- vided, that any fish, mollusks or crustaceans other than marketable shrimp that may be taken in such shrimp-nets shall be immediately returned to the water. Dip-nets. It shall be lawful to nse dip-nets for the pur- pose of taking fish to be used as bait only, in any fish and game district, excepting fish and game district fourteen; provided, that in fish and game districts one, two, three and four such dip-net shall not be baited; and provided, fur- ther, that any dip-net in fish and game districts one, two, three, four, nineteen, twenty and twenty A shall not measure more than six feet in its greatest breadth. Troll lines. ■ It shall be lawful to use troll lines or hand lines in any fish and game district, except fish and game district fourteen, and to use trawl lines in fish and game districts five, six, seven, ten, seventeen, eighteen and nine- teen. It shall also be lawful to use trawl lines (also known as set lines) in any lake in fish and game district two, hav- ing a surface area of not less than seventy-five square miles, for the purpose of catching catfish only; provided, that it shall be unlawful to use minnows or any species of young fish on hooks attached to such trawl lines. Spade, shovel, etc. It shall be law^ful to use any spade, sliovel, hoe, rake or other appliance operated by hand for the purpose of taking mollusks in fish and game districts five, six, seven, 'eight, nine, ten, eleven, twelve, thirteen, fifteen, sixteen, seventeen, eighteen, nineteen and twenty- one. § 637 PENAL CODE. 140 Set-nets and lines. Any net or line shall be considered a set-net or set-line that is made fast to the bank or ground or that shall be made fast in any way and shall not be free to drift with the tide or current; provided, that fyke-nets, shrimp-nets or crab-nets shall not be considered set-nets, nor trawl lines be considered set lines. The length of the meshes of any net shall be determined by taking at least four meshes and measuring them between the knots while they are simultaneously drawn closely together. Recovering fish from overflowed areas. Nothing in this section shall prevent the fish and game commission, or per- sons authorized by them, from using any net or other appli- ance in any fish and game district for the purpose of recov- ering fish from overflowed areas or landlocked sloughs or ponds where they have been left isolated by receding streams or flood waters. Scientific investigation. Condemned nets. Nothing in this section shall prohil)it the fish and game commission, or anyone authorized by them, from using such nets, traps or other appliances in the waters of the state as they may deem necessary for carrying on scientific investigation or for the propagation of fish, moUusks or crustaceans. Be it provided, that any net, duly condemned in accordance with the provisions of section six hundred thirty-six a of the Penal Code, shall be destroyed or sold by order of the fish and game commission, and Avhen sold all proceeds collected for the sale of such net or nets shall be paid into the state treasury to the credit of the fish and game preservation fund. Penalty. Every person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine of not less than one liundred dollars, or by imprisonment in the county jail of the county in which conviction shall l-»e had not less than fifty days, or by both such fine and imprisonment; and all fines and forfeitures imposed and collected for any violation of any of the provisions of this section shall be paid into the state treasury, to the credit of the fish and game pres- ervation fund. [Amendment approved May 28, 1917 ; Stats. 1917, p. 1043.] § 637. Fishways provided over or around dams. To be kept free from obstructions. Hatchery constructed v^^hen fishway impracticable. Planting of fish. Right of access, 141 PENAL CODE. § 637 Sale of young- fish. Hearing on necessity for ladders. Or- ders of commission. 1. It shall be the duty of the state board of fish and ^amo commissioners to examine, from time to time, all dams and artificial obstructions in all rivers and streams in this state naturally frequented by salmon, trout, shad and other fish ; and if, in its opinion, there is not free passage for fish over and around any dam or artificial obstruction, to order in writing the owners or occupants thereof to provide the same, within a specified time, with a durable and efficient fisliAvay, of such form and capacity, and in such location as shall be determined by the state board of fish and game commissioners, or persons authorized by them, and such fishway must be completed by the owners or occupants of such dam or artificial obstruction to the satisfaction of said commissioners, within the time specified ; and it shall be incumbent upon the owners or occupants of all dams or artificial obstructions, where the state board of fish and game commissioners require such fishways to be provided, to keep the same in repair and open and free from obstructions to the passage of fish at all times ; and no person shall willfully destroy, injure, or obstruct any such fishway; provided, that the owners or occupants of any dam or artificial obstruction shall allow sufficient water at all times to pass through such fishway to keep in good condition any fish that may be planted or exist beloAv said dam or obstruc- tion; provided, further, that during the minimum flow of water in any river or stream permission may be granted by the state board of fish and game commissioners to allow the owners or occupants of any dam or artificial obstruction to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below said dam or artificial obstruction, when in the judgment of the state board of fish and game commissioners it is impracticable to pass the water through the fishway to the detriment of the owner or occupant thereof. Whenever in the opinion of the state fish and game com- mission it shall be impracticable, because of the height of any dam or other artificial obstruction, or other conditions, to construct a fishway over or around said dam or other arti- ficial obstruction, the fish and game commission may order in lieu of said fishway the owners or occupants of said dam or other artificial obstruction to completely equip, within a specified time, on a site to be selected by said fish and game commission, a hatchery, together with dwellings for § 637 PENAL CODE. 142 help, traps for tlie taldiis- of fish, and all other eciuipmeiit necessary to operate a hatchery station, according to plans and specifications furnished by the fish and game commis- sion, who shall thereafter operate said hatchery without further expense to said owner or occupant of said dam or other artificial obstruction. The aforesaid hatchery, traps and other equipment necessary to operate a hatchery station shall not be of a size greater than necessary to supply the said stream or river with a reasonable number of such fish. The said owners or occupants of said dam or other artificial obstruction shall permit said fish and game commission to locate the aforesaid hatchery, dwellings, traps and other equipment upon any of the laud of the owners or occupants of said dam or other artificial obstruction upon a site or sites to be mutually agreed upon by the fish and game com- mission and the said owners or occupants of said dam or other artificial obstruction. If the said owners or occupants of said dam or other arti- ficial obstruction shall generate electricity at said place of said dam or other artificial obstruction, then and in that case said owners or occupants shall furnish sufficient light, without expense, for the use of said hatchery when located and established. Said owners or occupants shall also permit the use of water, without expense, to operate said proposed hatchery; provided, however, that the fish and game commission may, in lieu of said fishway, hatchery, dwellings, traps and other equipment necessary to operate a hatchery station as afore- said, order the owners or occupants of said dam or other artificial obstruction to plant, under the supervision of the fish and game commission, the young of such fish as natu- i-ally freqrunit the waters of said stream or river, at such times, in such places and in such numbers as the fish and game connnission may order; provided, further, that said owners or occupants of said dam or other artificial obstruc- tion shall accord to the public, for the purpose of fishing, the right of access to the waters impounded by said dam or other artificial obstruction, during the open season for the taking of fish in such stream or river, subject to the rules and regulations of said fish and game commission. The said owners or occupants of said dam or other arti- ficial obstruction shall not be liable in damages to any per- son exercising the right of access to the waters impounded by said dam or other artificial obstruction, as aforesaid, who shall siid'.'r injuiy through coming in contact with, or 143 PENAL CODE, § (j'.H meddling with, any of the pi"operty of said owners or occu- pants. The fish and game commission may sell, at cost to it. to such owners or occupants of such dam or other ai'tificial obstruction the young of fish ordered to be planted in such stream or river. Every person found guilty of any of the provisions of this act must be fined in a sum of not less than one hundred fifty dollars or imprisoinnent in the county jail of the county in which the conviction shall be had, not less than one hun- dred days, or by both such fine and imprisonment ; and all fines and forfeitures imposed and collected for any vio- lation of this act shall be paid into the state treasury, to the credit of the fish and game preservation fund. After making any order to place and maintain such ladder, or to equip and convey such hatchery and site, or to plant such fish the state board of fish and game commissioners shall, when requested by the owners or parties in charge, fix a time and place, in the county in which the dam or other artificial ol;struction is situated, for the taking of evidence upon the question of the necessity of placing and maLntain- ing such ladder or of equii)ping and conveying such hatch- ery and site, or of planting such fish and cause notices in writing of such time and place where such hearing is to be held to be served upon the owners or persons in charge of such dam or other artificial obstruction, at least ten days before the day set for the hearing. If said request for a hearing upon the order to place and maintain such ladder or to equip such hatchery and site, or to plant such fish, is not*- made wuthin ten days after the service of such order upon said owners or parties in charge of said dam or other artificial obstruction said order shall become final. At such time and place testimony, under oath, shall be taken, both on the part of the state board of fish commissioners and the owner or person in charge of such -dam or other artificial obstruction, if such owner or persons in charge appears and offers evidence, and thereupon the state board of fish com- missioners from the evidence offered shall determine whether or not the necessity for the placing and maintaining a ladder on said dam or other artificial obstruction or the equipping and conveying such hatchery and site or the planting of such fish is shown, and if show^n to be required and neces- sary, said state board of fish commissioners may direct and order the placing and maintaining such ladder or the equip- ment and conveyance to the state of said hatchery, equip- § 637 PENAL CODE. 144 ment and site or the planting of such fish. Such order to also fix the point where the ladder or hatchery and equip- ment is to be located or the number of and place where such fish are to be planted, and a certified copy of such order to be served upon the owners or parties in charge of such dam or other artificial obstruction. The evidence in any investigation, inquiry or hearing, pro- vided by this section, may be taken by any of the members of the board of fish and game commissioners, or such deputy fish and game commissioner, or employee, as the board may designate to take such evidence, and each member of the board and any of its deputies and employees designated to take evidence at the hearing provided hereby shall have the power to administer oaths, take affidavits and issue sub- poenas for the attendance of witnesses at such hearings. Each witness, legally subpoenaed, attending at a hearing, shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpoenaed. The superior court in and for the county, or city and county, in which any inquiry, investigation, hearing or pro- ceeding may be held under authority of this section shall have the power to compel the attendance of witnesses, the giving of testimony and the production of papers, as re- quired by any subpoena issued under authority of this sec- tion. The commission or representative of the commission before whom the testimony is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, may report to the superior court in and for the county, or city and county, in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witnesses, or the production of said papers, and that the witness has been summoned in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers re- quired by the sul)poena, before the commission or its rep- resentative, in the cause or proceeding named in the notice and subpoena, oi' has refused to answer questions pro- pounded in the course of such proceeding, and ask an order of said court, compelling the witness to attend and testify or i)roduce said papers before the commission or its repre- sentative. The court, upon tlie petition of the commission Oi- its i-ei>resentative, shall enter an order directing the wit- 145 PENAL CODE. § 637a ness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he has not attended and testified or pro- duced said papers before the commission or its representa- tive. A copy of said order shall be served upon said wit- ness. If it shall appear to the court that said subpoena was regularly issued by the commission or its representative, the court shall thereupon enter an order that said witness appear before the commission or its representative at the time and place to be fixed in said order, and testify or pro- duce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court. The commission or its representative or any party may, in any investigation or hearing before the commission or its representative, cause the deposition of witnesses resid- ing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state and to that end may compel the attendance of witnesses and the production of docu- ments and papers. [Amendment approved June 1, 1917 ; Stats. 1917, p. 1521.] § 637a. Protection of wild birds. Game birds enumer- ated. Every person in the .state of California who shall at any time kill or catch, or have in his possession, living or dead, any wild bird other than a game bird, or who shall purchase, offer or expose for sale, transport or ship within or out of the state, any such wild bird after it has been killed or caught, except as permitted by this act, shall be guilty of a misdemeanor. No part of the plumage, skin or body of any bird protected by this section shall be sold or had in possession for sale, irrespective of whether said bird was captured or killed within or without the state. For the purpose of this act the following only shall be con- sidered game birds : The Anatidae, commonly known as swans, geese, brant and river and sea ducks; the Rallidae, commonly known as rails, coots and gallinules ; the Limi- colae, commonly known as shore birds, plover surf birds, snipe, sandpipers, tatlers and curlews ; the Gallinae, com- monly known as -wild turkeys, grouse, prairie chicken, pheasants, partridges, and quails; and the species of Colum- bidae, known as wild pigeons and doves. All other species 10 §§ 6371/2-704 PENAL CODE. 146 of wild birds oither resident or migratory shall be cousid- ered iiongame birds ; provided, that the English or European house sparrow, the great horned owl, sharp-shinned hawk, Cooper's hawk, duck hawk, butcher bird, bluejay, house- finch, commonly known as the California linnet, are not in- cluded among the birds protected by this act ; and provided, further, that in fish and game district one, in fish and game district two and fish and game district three the blackbird is not included among the birds protected by this act ; pro- vided, further, that nothing in this section shall prohibit the killing of a robin, or other wild bird by the owner or tenant of any premises wiiere such bird is found destroying berries, fruit or crops growing on such premises, but the birds so killed shall not be shipped or sold ; and nothing in this act shall prevent a citizen of California from taking or keep- ing any wild nongame bird as a domestic pet if such bird shall not be sold or offered for sale, or transported out of the state, a permit to keep the same having first been obtained from the state board of fish and game commis- sioners. [Amendment approved May 18, 1917; Stats. 1917, p. 656.] §6371/2- "Predatory animals" defined. Where the words "predatory animals" occur in this chapter, the fol- lowing animals only shall be considered predatory animals: The order Insectivora (moles, shrews), the family Canidae (wolves, coyotes, foxes), the family Procyonidae (ringtail cats, coons), the family jNIustelidae (martins, fishers, wolver- ines, weasels, minks, skunks, badgers), the family Felidae (cougars, wild eats, jack rabbits), the order Rodentia (rats, mice, gophers), except the families Sciuridae and Petauris- t'idae (tree squirrels, flying squirrels), the black-tailed jack- rabbit of the order Lagomorpha; and the following species of birds: blue jays, Englisli or European house sparrow, great horned owl, sharp-shinned liawk, Cooper's haAvk, duck hawk and house finch, commonly known as California linnet. [Amendment approved April -"). 1917; Stats. 1917, p. 44.] § 704. Testimony before ma^strate may be taken in shorthand. AVlicn fhc pei-son informed against is brought bcfoi'c llie mngistrate, if the charge be controverted, the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subsci-ibed by the witnesses. The nuigistrate nuiy, in his discretion, order tlu^ testimony Miid i)i-oceedings to be taken down in shoi-thand, 147 PENAL CODE. § 928 and for that i)urpose he may appoint a sliorthand r('i)oi'tcr. The deposition or testimony of the witnesses must be authen- ticated in the form prescribed in section eight hundred sixty- nine of this code. [Amendment approved April 20, 1917 ; Stats. 1917, p. 14G.] § 928. Grand jury to examine books. It shall be the duty of the grand jury annually to make a careful and com- l)lete examination of the books, records, and accounts of all the otBcers of the county, and especially those pertaining to the revenue, and report as to the facts they have found, with such recommendations as they may deem proper and fit; and if, in their judgment, the services of an expert are necessary, they shall have power to employ one, at an agreed compensation, not to exceed ten dollars a day, to be first approved by the court; and if, in their judgment, the ser- vices of assistants to such expert are required, they shall have power to employ such, at a compensation to be agreed upon and approved by the court, not to exceed, however, five dollars a day for each assistant, such compensation of expert and assistants to be payable as other county charges. It shall be the duty of every grand jury first impaneled in even-numbered years to investigate and report upon the needs of all county officers in its county, including increase or decrease in salaries, number of officers, deputies or em- ployees, the abolition or creation of offices and the equip- ment for, or the method or system of performing the duties of the several offices, and it shall cause a copy of such report to be transmitted to each member of the legislature repre- senting the county in which it has been impaneled before the commencement of the regular session of the legislature in odd-numbered years. The judge, on impanelment of the grand jury, shall charge them especially as to their duties under this section; provided, that if any grand jury shall, in the report above mentioned, comment upon any person or official Avho has not been indicted by the said grand jury, the said comments shall not be deemed to be privileged. Any and all expenses incurred under this sec- tion and also the per diem of the grand jurors shall be paid by the treasurer of the county out of the general fund of said county upon warrants drawn by the county auditor upon the written order of the judge of the superior court in said county. [Amendment approved April 24, 1917 ; Stats. 1917, p. 167.] § 1168 PENAL, CODE. 148 § 1168, Term of imprisonment not fixed, (a) Every person convicted of a public offense, for which public offense punishment by imprisonment in any reformatory or the state prison is now prescribed by law, if such convicted person shall not be placed on probation, a new trial granted, or imposing of sentence suspended, shall be sentenced to be confined in the state prison, but the court in imposing such sentence shall not fix the term or duration of the period of imprisonment. (b) Maximum and minimum term. It is hereby made the duty of the warden of the state prison to receive such per- son, who shall be confined until duly released as provided for in this act; provided, that the period of such confine- ment shall not exceed the maximum or be less than the mini- mum term of imprisonment provided by law for the public offense of which such person was convicted. (c) Information furnished state board of prison directors. It shall be the duty of the judge l3efore whom such convicted person was tried, and of the district attorney conducting the prosecution, to obtain and with the commitment furnish to the state board of prison directors in writing all information that can be given in regard to the career, habits, degree of education, age, nativity, nationality, parentage, and previous occupation, of such convicted person, together with a state- ment to the best of their knowledge as to whether such person was industrious or not, of good character or not, the nature of his associates and his disposition. (d) Length of term after expiration of minimum term. The governing authority of the reformatory or prison in which such person may be confined, or any board or com- mission that may be hereafter given authority so to do, shall determine after the expiration of the minimum term of im- prisonment has expired, what length of time, if any, such person shall be confined, unless the sentence be sooner ter- minated by commutation or pardon by the governor of the state ; and if it be determined that such person so sentenced be released before the expiration of the maximum period for which lie is sentenced, then such person shall be released at. such time as the governing board, commission or other authority may determine. (e) Rules and regulations. Tlic state board of prison directors shall make all necessar}^ rules and i-egnlations to carry out tiie provisions of this act not inconsistent there- 149 PENAL CODE. §§ 1202a, 1203 with, and may provide the forms of all documents necessary therefor. (f) Discharge on serving maximum punishment. Any convicted person undergoing sentence in either of the state prisons of this state, not sooner released under the provisions of this act shall, in accordance with the provisions of exist- ing law, be discharged from custody on serving the maxi- mum punishment provided by law for the offense of which such person was convicted. [New section added May 18, 1917; Stats. 1917, p. 665.] § 1202a. Imprisonment in state prison. If the j udgment is for imprisonment in the state prison it shall direct that the defendant be taken to the warden of the state prison at San Quentin. Thereafter, and until the termination of the sentence, the state board of prison directors may trans- fer the defendant from one state prison to the other as in the opinion of the board conditions may require. [New sec- tion added May 18. 1917; Stats. 1917, p. 688.] § 1203. Hearing on probation. After plea or verdict of guilty, where discretion is conferred upon the court as to the extent of the punishment, the court, upon oral sugges- tions of either party, or of its own motion, that there are circumstances which may properly be taken into view, either in aggravation or mitigation, of the punishment, may in its discretion refer the same to the probation officer, direct- ing said probation officer to investigate, and to report, recommending either for or against release upon probation, at a specified time, and the court shall hear the same sum- marily at such specified time, and upon such notice to the adverse party as it may direct. At such specified time, if it shall appear from the report furnished by the probation officer, or otherwise, and from the circumstances, of any person over the age of eighteen years so having pleaded guilty, or having been convicted of crime, that there are circumstances in mitigation of the punishment, or that the ends of justice shall be subserved thereby, the court shall have power, in its discretion, to place the defendant upon probation in the manner following : (a) Suspension of sentence. Bonds. The court, judge or justice thereof, may suspend the imposing, or the execution of sentence and may direct that such suspension may con- tinue for such period of time not exceeding the maximum possible term of such sentence, except as hereinafter set § 1203 PENAL CODE. 150 forth, and upon such terms and conditions as it shall deter- mine, -which terms and conditions may include, in the dis- cretion of the court, the requirements of bonds for the appearance of the person released upon i)robation before the court, at any time that the court may require such appearance in the investigation of any alleged violation of said terms and conditions of probation and such bonds may be at any time by the court exonerated without affecting any of the other terms or conditions of sucH probation ; and in case of such suspension of imposition or execution of sen- tence, the court shall place such person on probation and under the charge and supervision of the probation officer of said court, during such suspension; provided, however, that where the maximum possible term of such sentence is less than two years, then such period of suspension of imi^osition or execution of sentence may, in the discretion of the court, continue for not over two years. Where the offense consists of a violation of section two hundred seventy or two hundred seventy a of the Penal Code of the state of California, such suspension of imposition or execution of sentence may, in the discretion of the court, continue foi* not over five years. (b) Opportunity to pay fine. If the judgment is to pay a fine, and the defendant be imprisoned until it be paid, the court, judge or justice, ui:»on imposing sentence, may direct that the execution of the sentence of imprisonment be suspended for such period of time, not exceeding the maximum possible term of such sentence, and on such terms as it shall determine, and shall place the defendant on pro- bation, under the charge and supervision of the probation officer during such suspension, to the end that he may be given the opportunity to pay the fine ; provided, however, that upon the payment of the fine being made, judgment shall be satisfied and the probation cease. (c) Rearrest. Judgment pronounced. At any time dur- ing the probationary term oC the per-son released on pro- bation, in accordance with the provisions of this section, any probation officer may, without warrant, or other process, at any time until the final disposition of the case, rearrest any person so placed in his cave and bring him before the court, or the court may, in its discretion, issue a warrant for the, rearrest of any such person and may thereupon revoke and terminate such probation, if the interest of jus- lice so I'cquires, and if tlu? court, in its judgment, shall have 151 PENAL CODE. § 1203 reason to believe from tlic I'eport of tlie prol)ation officer, or otherwise, that the person so plaeed ui)on proljation is violat- ing the conditions of his probation, or engaging in criminal practices, or has become abandoned to improper associates, or a vicious life. Upon such revocation and termination, the court may, if the sentence has been suspended, pronounce judgment after the said suspension of the sentence for any time within the longest period for which the defendant might have been sentenced, but if the judgment has been pronounced and the execution thereof has been suspended, the court may revoke such suspension, whereupon the judg- ment shall be in full force and effect, and the person shall be delivered over to the proper officer to serve his sentence. (d) Court may revoke order. The court shall have power at any time during the term of probation to revoke or mod- ify its, order of suspension, of imposition or execution of sentence. It may, at any time, when the ends of justice will be subserved thereby, and when the good conduct and re- form of the person so held on probation shall warrant it, terminate the period of probation and discharge the person so held, but no such order shall be made Avithout wa-itten notice first given by the court or the clerk thereof to the proper probation officer of the intention to revoke or modify its order, and in all cases, if the court has not seen fit to revoke the order of probation and impose sentence or pro- nounce judgment, the defendant shall, at the end of the term of probation be by the court discharged. (e) Change of plea. Every defendant who has fulfilled the conditions of his probation for the entire period thereof, or who shall have been discharged from probation prior to the termation of the period thereof, shall at any time prior to the expiration of the maximum period of punishment for the offense of which he has been convicted, dating from said discharge from probation or said termination of said period of probation, be permitted by the court to withdraw his plea of guilty and enter a plea of not guilty ; or if he has been con- victed after a plea of not guilty, the court shall set aside the verdict of guilty ; and in either case the court shall thereupon dismiss the accusation or information against such defendant who shall thereafter be released from all penalties and dis- abilities resulting from the offense or crime of which he has been convicted. (f) Probation officers to serve. The same probation offi- cers and assistant probation officers and deputy probation offi- § 1203 PENAL CODE. 152 cers shall serve under this act as are appointed under the act known as the juvenile court law, and entitled "An act to be known as the juvenile court law, and concerning persons un- der the age of twenty-one years j and in certain cases provid- ing for their care, custody, and maintenance ; providing for the probationary treatment of such persons, and for the com- mitment of such persons to the Whittier State School and the Preston School of Industry, the California School for Girls, and other institutions ; establishing probation officers and a probation committee to deal with such persons and fixing the salary thereof; providing for the establishment of detention homes for such persons ; fixing the method of procedure and treatment or commitment where crimes have been committed by such persons ; providing for the punishment of those guilty of offenses with reference to such persons, and defining such crimes ; and repealing the juvenile court law approved March 8, 1909, as amended by an act approved April 5, 1911, and as amended by an act approved June 16, 1913, and all amend- ments thereof, and all acts or parts of acts inconsistent here- with," approved June 5, 1915, or under any laws amending or superseding the same, except in the ease of offenses com- mitted in counties and cities and counties of the second class and counties of the third class ; provided, however, that in all cases of offenses defined by section twenty-one of said act known as the juvenile court law and by section two hundred seventy of the Penal Code of California,, the same probation officers, assistants and deputies shall serve under this act as are appointed under the said juvenile court law. (g) Adult probation board appointed. Term. Vacancy. Removal. Duty of board. No compensation. Adult proba- tion officers. Payment of salaries. Expenses. Nomination of adult probation officers. Additional deputies. Offices. In counties and cities and counties of the second class, the judges designated for the hearing and disposition of crimi- nal cases and proceedings by a majority vote and in counties of the third class the judge of the department or the judges of the departments, by majority vote, to which criminal ac- tions and proceedings arc assigned shall by order entered in the miiuites of the court appoint seven citizens of good moral character to be known as the adult probation board and shall fill all vacancies occurring in such board. The clerk of said court shall immediately notify each person appointed on said board and thereupon said person shall appear before a judge of the su[)erior conrt and qualify by taking an oath, which shall be cnld'c*! in said court record, to perform faithfully the 153 PENAL CODE. § 1203 duties of such adult probation board. The members of such adult probation board shall hold office for four years and un- til 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 pro])ation board by expiration of the term of office of any member thereof, the successor shall be appointed to hold office for the term of four years. When any vacancy occurs for any other reason the appointee shall hold office for the unexpired term of his prede- cessor. Any member of the probation board may be removed for cause at any time by an affirmative vote of four members of said board at a meeting called for the special purpose of considering the question of said removal and the subsequent written approval of a majority of the judges designated for the hearing and disposition of criminal cases and proceedings in counties and cities and counties of the second class, and the judge of the department or a majority of the judges of the departments to which criminal actions and proceedings are assigned in counties of the third class, said written approval to be filed with the clerk of the court within thirty days after the written report of the said board has been received by said judge. Written notice as to said special meeting shall be served on each of the members of saicl board at least ten days prior to the date set therefor and shall specify the purpose thereof. It shall be the duty of such adult probation board to exer- cise a friendly supervision of probationers when so directed by the court, to furnish the court information and assistance whenever reciuired upon the request of the court and from time to time to advise and recommend to the court any changes or modification of the order made in the case of a probationer as may be for the best interests of such person. Members of the adult probation board shall serve without compensation. In counties or cities and counties of the second class there shall be and there are hereby created the offices of one adult probation officer, one assistant adult probation officer and four deputy adult probation officers. The salaries of said officers shall be as follows: Adult probation officer, two hundred twenty-five dollars per month ; one assistant adult probation officer, one hundred seventy-five dollars per month; one assistant adult probation officer, one hundred twenty-five dol- § 1203 PENAL CODE. 154 lars per moiith; three deputy adult probation officers, each, one hundred dollars per month. In counties of the third class there shall be and there are hereby created the otfices of one adult probation officer, one assistant adult probation officer and one deputy adult probation officer. The salaries of said officers shall be as follows: Adult probation officer, one hundred seventy-five dollars per month ; assistant adult probation officer, one hundred sixty dollars per month ; deputy adult probation officer one hundred dollars per month. The deputy adult probation officer in counties of the third class, shall be a woman and shall be a competent stenographer and typist of sufficient ability to perform the clerical and stenographic Avork of the office in addition to her other duties ; provided, however, that in the event an adult probation de- partment is created in counties of the third class, from and after the creation of such department and the appointment of an adult probation officer or any deputy or assistant or like officer who shall relieve the probation officer of the adult probation work, the offices of assistant probation officer at a salary of one hundred seventy-five dollars a month and of assistant probation officer at a salary of one hundred sixty dollars a month shall cease and terminate and be abolished in counties of this class. The salaries of the adult probation officers, assistant adult probation officers and deputy adult probation officers in counties or cities and counties of the second class and in counties of the third class shall be paid out of the county treasury of the county for which they are appointed respec- tively in the same manner as the salaries of the other county officers. The adult probation officers, assistant adult proba- tion officers and deputy adult probation officers in said coun- ties or cities and counties of the second class and in counties of the thii-d class shall be allowed such neccst-ary incidental expenses incuri'cd in the performance of their duties as ri'on the filing of a sufficient nomination paper and affidavit by any candidate nominated under the provisions of this section and the pay- ment of the filing fees as hereinbefore provided, the name of such can- didate shall go upon the ballot at the ensuing general or municipal election according to the provisions of section one thousand one hun- dred ninety-seven of this code. [Amendment approved May 29, 1917; Rtats. 1917, p. 1336.] § 1192. Time for filing nomination papers. Nomination papers re- quired to be filed with the secretary of state, or with the county clerk, shall be filed not more than sixty days, nor less than thirty-five days before the day of election, when the nomination is made by electors as provided in section one thousnud one lunulred eighty-eight of this §§ 1239-1489 POLITICAL code. 190 code. Nomination papers required to be filed with the clerk or sec- retary of the legislative body of any city or town, shall be filed not more than forty days nor less than twenty days before the day of elec- tion, when the nomination is made by electors as provided in section one thousand one hundred eighty-eight of this code. [Amendment ap- proved May 29. 1917; Stats. 1917, p. 1336.] § 1239. Rules for determining place of residence. The board of elec- tion, in determining the place of residence of any person, must be governed by the following rules, as far they are applicable: 1. That place must be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning; 2. A person must not be held to have gained or lost residence by reason of his presence or absence from a place while employed in the service of the United States, or of this state, nor while engaged in navigation, nor w^hile a student of any institution of learning, nor while kept in an almshouse, asylum, or prison; 3. A person must not be considered to have lost his residence who leaves his home to go into another state, or precinct in this state, for temporary purposes merely, with the intention of returning; 4. A person must not be considered to have gained a residence in anj' precinct into which he conies for temporary purposes merely, with- out the intention of making such precinct his home; 5. If a person remove to another state with the intention of making it his residence, he loses his residence in this state; 6. If a person remove to another state with the intention of remain- ing there for an indefinite .time, and as a place of present residence, he loses his residence in this state, notwithstanding he entertains an intention of returning at some future period; 7. The place where a man's family resides must be held to be his residence; but if it be a place for temporary establishment for his family, or for transient objects, it is otherwise; 8. If a man have a family fixed in one place, and he does business in another, the former must be considered his place of residence; pro- vided, that any man having a family, and who has taken up his abode with the intention of remaining, and whose family does not so reside with him, must be regarded as a resident where he has so taken up his abode; 9. The residence of the husband is the residence of the wife except in the case mentioned in the provision in subdivision eight hereof; 10. The mere intention to acquire a new residence, without the fact of removal, avails nothing, neither does the fact of removal, without the intention. [Amendment approved May 10, 1917; Stats. 1917, p. 416.] § 1483. Eights of students under diplomas from Hastings College of the Law. [Repealed May 23, 1917; Stats. 1917, p. 880.] § 1489. Powers and duties of normal school trustees. The powers and duties of each board of trustees of the state normal schools of California are as follows: 191 POLITICAL CODE. § 1489 1. To prescribe rules for their govenimeut and the government of the school; 2. To prescribe rules for the reports of officers and teachers of the school and for visiting other schools and institutions; 3. To provide for the purchase of school apparatus, furniture, equip- ment, stationery, and text-books for the use of students; 4. To establish at their discretion, and maintain model and training schools of the primary, grammar and intermediate grade, including the ninth year grade, and, in their discretion, of the kindergarten grade, and to require the students of the normal schools to teach and instruct classes therein; 5. To establish at their discretion courses for the training of teachers of drawing, music, physical culture, and commercial, technical, or in- dustrial subjects in the elementary and secondary schools of the state and upon the satisfactory completion of these courses to grant diplo- mas of graduation therefrom; 6. To elect the president of the school, who shall be ex officio secretary of the board, and an assistant secretary who shall receive such salary as may be allowed by the board; and to elect the teachers, upon their, nom- ination by the president of the school, fix their salaries, and prescribe their duties; provided, that after the president or a teacher has served successfully and acceptably in the school for the period of two years prior to or after the passage of this act, his or her appointment there- after may, at the discretion of the board of trustees, be made for a term not to exceed four years, unless removed for cause; and provided, further, that in case a teacher employed in a California state normal school is engaged to instruct in normal extension work, evening work, special Saturday work, or summer school work, he may receive such additional compensation for the same as may be agreed upon by the employing board of trustees; 7. To control and expend all moneys appropriated for the support and maintenance of the school, and all moneys received for tuition or donations; 8. To cause a record of all their proceedings to be kept, which shall be open to public inspection at the school; 9. To keep open to public inspection an account of receipts and ex- penditures; 10. To annually report to the state superintendent of public instruc- tion a statement of their transactions, and of all matters pertaining to the school; 11. To transmit with such report a copy of the president's annual report; 12. To revoke any diploma by them granted, on receiving satisfactory evidence that the holder thereof is addicted to drunkenness, is guilty of gross immorality, or is reputedly dishonest in his dealings, or is guilty of persistent defiance of, and refusal to obey the laws regu- lating the duties of teachers; provided, that such person shall have at least thirty days' previous notice of such contemplated action, and shall, if he asks it, be heard in his own defense; 13. On recommendation of the faculty and president of the school, to exclude students, who, because of poor scholarship or other evidences §§ 1505-1519 POLITICAL CODE. 192 of iiufitncss, are judged incapable of becoming successful teachers in the public schools of the state; li. To establish and maintain courses of study only in accordance with the rules and regulations prescribed by the state board of edu- cation as provided in section one thousand five hundred nineteen of tlie Political Code; 15. To detail one or more regular teachers of the normal school for normal school extension service in the rural schools of the state and to pay the salary and transportation expenses of any such teacher; provided, that the normal school extension service in any county shall be given only with the approval of the county superintendent of schools. Such normal school extension service may include a special study of rural school conditions and problems, and supervision and instruction of classes in the rural schools. [Amendment approved May 3], 1917; Stats. 1917, p. 1651.] § 1505. Supervision by superintendent of public instruction. [Re- pealed May 31, 1917; Stats. 1917, p. 1419.] § 1519. Powers. The state board of education shall have power and it shall be its duty: Adopt rules. Rules for normal schools. First — to adopt rules and regulations not inconsistent with the laws of this state for its own gov- ernment, for the government of its appointees and employees, for the gov- ernment of the day and evening elementary schools, the day and evening secondary schools, the technical and vocational schools of the state, for the government of the several normal schools of the state as hereinafter provided, and for the government of such other schools, excepting the University of California, as may receive in whole or in part finan- cial support from the state. Such rules and regulations shall be pub- lished for distribution as soon as practicable after adoption. At the joint meeting of this board and the representatives of the normal schools of the state provided for in section one thousand five hundred eighteen a of the Political Code, matters affecting the normal schools may be presented by members of the board, by the superintend- ent of public instruction and the commissioners of education, and by the representatives of the normal schools, and, after due presentation and consideration, the board may adopt rules and regulations for the government of tlic iioi'in;il scliools in the following matters: (a) Standardizing course of instruction. Tlic standardizing, as far as tilt! lioaril siiall deem it wise and nciM^ssiiry. of the courses of instruc- tion offered in the several normal schools for the preparation of teachers for the public schools of the state. (b) Courses for special teachers. The establishing and conducting in any or all of tlie normal scliools of the state of such courses of instruc- tion as shall prepare for the public schools of the state special teachers in any or all of the subjects of drawing, music, physical education, and fonimercial, tf^chnical oi" industrial liranches. (r) List of text-books. The <(iin|)iling and pnlilishing of a list of text hooks for use by the students of the several normal schools of the 198 POLITICAL CODE. § 1519 state; provideci, that the state series oi' text-books sliall be used in the grades and classes for which they are adapted, and tliat all other regular text-books shall be selected by the various normal school au- thorities from said list. (d) Standards of admission. The p:es( rilung of the standards of admission for students entering the normal sciiools, and the rules for transfer of pupils from one normal school to another; provided, that a student for good cause, may, upon recommendation of the presidejit of the school from which he seeks to be transferred, enter any other normal school and without examinations be admitted to classes corre- sponding to those in the school which he has left. (e) Graduation. The determination of the time aud standards for graduation from the state normal schools. Assistant superintendents of public instruction. Second — To appoint three assistant superintendents of public instruction, who shall not be subject to the provisions of any civil service law of the state, and who shall be known and designated as follows: (a) One commissioner of elementary schools, who shall be experienced in teaching in and supervising elementary schools. (b) One commissioner of secondary schools, who shall be experienced in teaching and who has been principal or supervisor of secondary schools. (c) One commissioner of industrial and vocational education who has had experience as a supervisor of industrial or vocational education. Subpoenas for witnesses before board. Third — to issue subpoenas to compel the attendance of witnesses before the board or any membel' thereof, in the same manner that any court in this state may; and whenever the testimony of any witness upon any matter ponding before it is material, the president must cause the attendance of the witness before such board, or a member thereof, to testify concerning such matter, and the board may make a reasonable allowance therefor, not exceeding the fees of witnesses in civil cases, which must be paid for out of the appropriation for the contingent expenses of the board, but in no instance can an allowance be made in favor of a witness who appears in behalf of .a claimant. Seal, Fourth — To adopt and use, in authentication of their acts, an official seal. Printing. Fifth — To have done by the state printer, or other officer having the management of the state printing, any printing required by it; provided, that all orders for printing shall first be approved by the state board of control. General duties. Sixth — The state board of education shall study the educational conditions and needs of the state; shall make plans for the improvement of the administration and efficiency of the public schools of the state; shall have power to conduct educational investigations and shall employ educational and business experts, within the limits of its appropriation therefor; shall annually require reports as to the activi- ties of the superintendent of public instruction and the assistant super- 13 § 1519a POLITICAL CODE. 194 intendents, and such other employees as it may direct to report, for submission to the governor, and the same shall submit biennially to the governor, on or before the fifteenth day of September next preceding the regular session of the legislature, a report of its transactions for the preceding two years, together with recommendations of its needs for the coming biennium, and such recommendations as to changes in laws or new educational legislation as may seem to it to be necessary. Acting secretary. Seventh — To appoint an acting secretary, who shall also act as executive officer of the board in the absence of the super- intendent of public instruction from his oflfice or in case of his incapacity for duty. [Amendment approved May 18, 1917; Stats. 1917, p. 699.] § 1519a. Powers of state board. The state board of education shall have power and it shall be its duty: Credentials for high school certificates. First — To prescribe by gen- eral rule the credentials upon which persons may be granted certificates to teach in the high schools of this state. No credentials shall be prescribed or allowed, unless the same, in the judgment of said board, are the equivalent of a diploma of graduation from the University of California, and are satisfactory evidence that the holder thereof has taken an amount of pedagogy equivalent to the minimum amount of pedagogy prescribed by the state board of education of this state, and include a recommendation for a high school certificate from the faculty of the institution in which the pedagogical work shall have been taken. Special cases. Second — To consider the cases of individual applicants who have taught successfully for a period of not less than seventeen school months, and who are not possessed of the credentials prescribed by the board under the provisions of this section, and where the evi- dence submitted by the applicant does not satisfy the board it may, in its discretion, provide for his examination. The said board, in its discretion, may issue to such applicants high school credentials upon which they may be granted certificates to teach in the high schools of the state. In such special cases, the board may take cognizance of any adequate evidence of preparation which the applicants may pre- sent. The standard of qualification in such special cases shall not be lower than that represented by the other credentials named by the board under the provisions of subdivision first of this section. Special certificates for special subjects. Third — To establish and pre- scribe by general regulations the qualifications upon which county boards of education may grant to any person a special certificate to teach any special subject or subjects in such grades as are mentioned therein; provided', that no qualification shall be prescribed for certifi- cation to teach in any grade whatever a vocational subject unless the candidate shall have had, as a minimum, three years' experience as a journeyman, or, where this terminology does not apply, its equivalent, in the vocation in which he desires certification. Applicants without necessary qualifications. Fourth — To consider the I'lises of inrjividual applicants who arc not possessed of the qualifica- tions prescribed in subdivision third of this section, or in the general regulations of the state board of education, and where the evidence 195 POLITICAL CODE. § 1519a submitted by any applicant wlio moots tlic academic requirements of the board does not satisfy the board of his knowledge of the special subject and methods of teaching the same, it may, in its discretion, provide such examination as it may deem expedient and wise. When the state board of education is satisfied that any applicant possesses qualifications equivalent to those so specified, it may issue to such ap- plicant a state board credential upon which county boards of education may grant to him a special certificate to teach such special subject or subjects as are listed in said credential in such grades and for such length of time as therein specified. Life diplomas. Fifth — To grant life dii:)lomas for four grades, valid throughout the state, as follows: (1) High school: Authorizing the holder to teach in any primary or grammar or high school. (2) Elementary school: Authorizing the holder to teach in any ele- mentary school. (3) Kindergarten-primary: Authorizing the holder to teach in the kindergarten class of any primary school. (4) Special: Authorizing the holder to teach in any school such spe- cial branches and in such grades as are named in such diploma. Qualifications for life diplomas. Fee. Sixth — To issue, except as pro- vided in sections one thousand five hundred three and one thousand seven hundred seventy-five of this code, life diplomas only to such per- sons as have held for one year, and still hold, a valid county, or city and county, certificate, corresponding in grade to the grade of diploma applied for, and who shall furnish satisfactory evidence of having had a successful experience in teaching of at least forty-eight months. Not less than twenty-one months of said experience shall have been in the public schools of California. Every application must be accompanied to the state board of education by a certified copy of a resolution adopted by at least a three-fourths vote of all the members composing a county, or city and county, board of education, recommending that the diploma be granted, and also by an affidavit of the applicant, specifically setting forth the places in which, and the dates between which, said applicant has taught. The application for any credentials or diploma or document mentioned in this chapter must be accompanied by a fee of two dollars, and in addition thereto each applicant permitted to take an examination shall, before he is so permitted, pay a fee of ten dollars. All of the above fees must be paid into the state treasury to the credit of the con- tingent fund of the state board of education and applied by said board in defraying or in partially defraying the expense of investigating the qualifications of candidates, issuing credentials, documents or diplomas, and providing for the employment of professional experts to conduct examinations for special credentials and high school credentials, as spe- cified in subdivisions second and fourth of this section. Revocation of life diplomas. Seventh — To revoke or suspend for im- moral or unprofessional conduct, or for evident unfitness for teaching, life diplomas, documents issued under the provisions of sections one thousand five hundred three and one thousand seven hundred seventy -five of this code, or credentials issued in accordance with the provisions of § 1519b POLITICAL CODE. 196 this section; and to adopt suc-li rules for said revocation as they may deem expedient or necessary. Commission of credentials. Eighth — The state board of education, in order to meet emergencies, is hereby authorized to create a commission of credentials, to consist of the commissioner of elementary schools, the commissioner of secondary schools and the commissioner of industrial and vocational education. This commission, when directed by the board, shall have authority to review the cases of applicants for the special credentials and the high school credentials, specified in subdivisions sec- ond and fourth of this section, and when said commission is satisfied that any candidate fully meets the standards maintained by the state board it may issue the proper credential; provided, that said credential to be valid must be issued upon the regular form used by the state board of education and must be signed by the secretary and president of said state board. [Amendment approved May 18, 1917; Stats. 1917, p. 701.] § 1519b. Powers of state board of education. The state board of education shall have power and it shall be its duty: Compile text-books. First — To compile in whole, or in part, and to manufacture such text-books as are now in use; to compile, or cause to be compiled, and manufacture such other additional text-books or books, as it may deem necessary or proper for use in the elementary schools of the state, as provided by section one thousand six hundred sixty-five of the Political Code; to purchase books when necessary, or lease plates, maps, engravings or copyright matter for use in manufacturing such text-books; contract for, or lease copyrights for use in compiling, print- ing or publishing such books; to provide for the payment of royalties or for the leasing of plates or making the whole or any part of a book, and to do any or all things that may be necessary for the purpose of procuring a uniform series of text-books for use in the elementary day and evening schools of the state. Contract for use of plates, etc. Second — Whenever any plates, maps, or engravings of any publisher or author are adopted for use, or when- ever any books have been purchased, as hereinbefore provided, the state board of education shall enter into a contract for not less than four years nor more than eight years for the use of the same in the elemen- tary day and evening schools of the state, and shall require a good and sufficient bond of the owner or owners of such books, plates, maps or engravings under a written guaranty that the same shall be kept revised and free from all errors and uj) to date as may be required by the state lioard of cilnc'ilioii. Copyrights. Uniform use of text-books. Third — The state board of education may secure copyrights in the name of the people of the state of ('aliffiriiia, to any book that may be compiled. Whenever any one or more of till' state text-books shall have been compiled or purchased, I'lilili.shcd and adoi)ted, the superintendent of public instruction, on the order of the state board of education sliall issue an order to all county, city, fity and county school supcrinteiulenls by sending notices by reg- istered mail to said superintcndnits wlio in turn shall notify the secre- taries of all boards of education in the cities and the clerk of the board 197 POLITICAL CODE. § 1519b of school trustees and the teacher or principal in each .sr-hool district, requiring the uniform use of such book, in the grades of tlic elementary day and evening schools for which tliey have been adopted, and when such order has thus been given and published, the same shall remain in force and effect for a term of not less than four nor more than eight years; provided, that such order for the uniform use of such book, shall not take effect until the beginning of the next fiscal year; namely, the first of July next following the issue of the order, or at such time there- after as may be fixed by the state board of education; provided, that the book shall go into use at the beginning of a fiscal year. When a book has been adopted, the state board of education shall en- force the uniform use of such book, in the elementary day and evening schools for which said book has been adopted. Refusal to use state text-books. Fourth — Any teacher, or city, county, or city and county superintendent of schools or any board of education, refusing or neglecting to use said series of state text-books at the time required in the last preceding subdivision of this act, shall be guilty of a misdemeanor, and upon proof thereof of such refusal or neglect, shall be subject to a fine not exceeding one hundred dollars for each offense; provided, that nothing herein contained shall in any way restrict the additional use of such books as are now provided in section 'one thou- sand seven hundred twelve of the Political Code. Duties of superintendent of state printing. Fifth — The superintendent of state printing shall have supervision of all of the mechanical work connected with the printing of such books as may be compiled and adopted subject to the approval of the state board of education or such representative of the state board of education as may be appointed to supervise such work. The superintendent of state printing shall print and bind such books in lots of not less than five thousand and turn them over to the state board of education at the warehouse, and receive pay- ment therefor on the approval of the items of said cost by the state board of education or the duly authorized agent of said board, and upon the approval of the bill by the board of control. He shall furnish one copy of a cost-finding report showing items of work and the materials and the exact cost of each item for each of said lot of books, to the state board of education and one copy to the board of control. The superintendent of state printing shall on the first day of each month furnish to the state board of education a detailed statement showing the name and number of books published by him during the preceding month, and the number tlieu in course of publication. Board of education to fix cost price of books. Sixth — On receiving a copy of the cost-finding report and estimated cost of the publishing of any book, the state board of education thereupon shall determine and fix the cost price of such books by adding to the cost of manufacture, the contract price to be paid as royalty or for the use of plates, maps, or engravings or copyrighted matter, and said price, to which has been added ten per cent of such price to cover overhead expense, shall be deemed to be the whole cost of publication of such book at Sacramento. The state board of education may provide for the sale at not less than cost price of state text-books to private schools, individuals, or dealers §§ 1519C-1521 POLITICAL CODE. 198 under such rules and regulations as may be adojjted by said board of education; provided, that such books be not sold by dealers for more than the cost price at Saciamento, plus the postage, packing and cartage on such books, which prices shall be established by said board of educa- tion. The state board ot education may provide for the disposition of such text-books as are no longer in a fit condition to be used for purposes of instruction; provided, that whenever in its judgment it would be practicable to sell such old text-books for use in the manufacture of paper pulp or similar substances, the highest price obtainable shall be secured therefor, and the money so obtained deposited in the state school-book fund. [New section added May 18, 1917; Stats. 1917, p. 7(J4.J § 1519c. State school book fund. The appropriation heretofore made, known as the "text-book appropriation," shall be subject to the draft of the state board of education lor necessary expenses incurred by it for office supplies, the hiring of expert assistants, and for other necessary expenses; provided, that all claims shall be presented to the board of control for its approval. All moneys that have been received or may hereafter be received from the sale of said series of state text-books to private schools or to dealers or persons or that may be appropriated by the legislature for publishing said series of state text-books, shall be kept by the state treasurer in a fund known as the "state school book fund." This fund shall be subject to the order of the state board of education for all expenses incurred by the superintendent of printing for all material, labor, and other expenses necessary for publishing state school text-books, and for all books purchased, for the cost of shipping free text-books, and for necessary employees in connection with such shipment as may be determined by the state board of education. All claims to be drawn, after being certified by the claimant and the items approved by the secretary of the state board ot education shall be presented to the board of control for its approval, and upon the approval of said board of control, the state controller is hereby authorized and directed to draw his warrant on the state treasurer, who is hereby directed to pay the same. [New section added May 18, 1917; Stats. 1917, p. 7UG.] § 1519d.. Order from head of state institution. The president or prin- cij)al of any state institution in which instruction is given in the element- ary branches, may order . such state text-book, as may be used to ad- vantage, for use in said institution, on blanks supplied by the superin- tendent of public instruction; provided, such orders shall be subject to revision by said superintendent of public instruction. Such books shall be delivered free of cost to such ijislitution on the order of the super- mtejideut of public instruction, in the usual method of shipment. [New section added May 18, 1917; Stats. 1917, j). 7U7.J § 1521. Compensation, members of state board of education. Mrst — The members of the state board of cduint it)ii sliall receive as compensa- tion fifteen dollars per day wheJi tlic board is iu session. They shall also receive ten dollars per day while engaged iu committee work at the Sacramento or Los Angeles olfices of the board or elsewhere under the 199 POLITICAL CODE. § 1532 direction of the state board of education; provided, tliat the total amount of such per diem for committee worlc, for all members of the board, shall not exceed two thousand five hundred dollars for any fiscal year. They shall also receive tlieir actual and necessary traveling expenses. Salaries, assistant superintendents of public instruction. Second — Each assistant superintendent of public instruction provided for in sec- tion one thousand five hundred nineteen of the Political Code shall re- ceive a salary of four thousand dollars per annum, payable at the same time and in the same manner as the salary of state officers is paid. They shall also receive their actual and necessary traveling expenses while on official business. Clerical help. Third — Within their appropriation, the state board of education may appoint such clerical and other help as may from time to time be necessary. [Amendment approved Ma}' 19, 1917; Stats. 1917, p. 750.] §1532. Duties of superintendent of public instruction. It is the duty of the superintendent of public instruction: Superintendence of schools. First — To superintend tiie schools of this state. Report of governor. Second — To report to the governor, on or before the fifteenth day of September preceding each regular session uf the legislature, a statement of the condition of the public elementary and secondary schools, the state normal schools and other educational in- stitutions supported in whole or in part by the state. Statements to accompany report. Third — To accompany his report with tabular statements, showing the number attending public schools, and the average attendance; the amount of state school fund apportioned, and the sources from which derived; the amount raised by county, city and county and district taxes, or from other sources of revenue, for school purposes; and the amount expended for salaries of teachers, for build- ing schoolhouses, for district school libraries, and for incidental ex- penses. Apportion state school fund. Fourth^ — To apportion the state school fund; and to furnish an abstract of such apportionment to the state controller, the state board, of control, and to the county and city and county auditors, county and city and county treasurers and to the county and city and county school superinteiidents of the several coun- ties of the state. In apportioning said fund he shall apportion to every county and to every city and county two hundred fifty dollars for every teacher determined and assigned to it on average daily attendance by the county or city and county school superintendent for the next preceding- school year, as required of the county or city and county school superin- tendent by the provisions of section one thousand eight hundred fifty - eight of this code, and after thus apportioning two hundred and fifty dollars on teacher basis, he shall apportion the balance of the state school fund to the several counties or cities and counties according to their average daily attendance as shown by the reports of the county or city and county school superintendents for the next preceding school year. § 1532 POLITICAL CODE. 200 Drawing orders for funds. Fifth— To draw his order on the con- troller in favor of each county or city imd county treasurer for school moneys apportioned to the county or city and county. Furnish tlank forms. Sixth — To prepare, have printed, and furnish all officers charged with the administration of the laws relating to tlie public schools, and to teachers, such blank forms and books as may be necessary to the discharge of their duties, including blank teachers' cer- tificates to be used by county and city and county boards of education. Supply school laws. Seventh — To have the laws relating to the public schools printed in pamphlet form, and to supply school officers and school libraries with one copy each. Visit orphan asylums. _ Eighth — To visit the several orphan asylums to which state appropriations are n;ade, and examine into the course of instruction therein. Visit schools. Ninth — To visit the schools in the different counties, and inquire into their condition; and the actual traveling expenses thus incurred, provided that they do not exceed one thousand eight hundred dollars per annum, shall be allowed, audited and paid out of the gen- eral fund in the same manner as other claims are audited and paid. Authenticate orders. Tenth — To authenticate with his official seal all drafts or orders diawn by him, and all papers and writings issued from his office. Bind documents. Eleventh — To have bound, at the state bindery, all valuable school reports, journals, and documents in his office, or hereafter received by him. Report daily attendance. Twelfth — To report to the controller, on or before the tenth day of September of each year, the total average daily at- tendance in the elementary day and evening schools including the special day and evening elementary school classes, the average daily attendance in the day and evening high schools including the special day and evening high scliool classes, as shown by the annual reports of the county superin- tendents of the several counties on file in his office for the school year immediately preceding, and the average daily attendance of pupils upon each of such part-time vocational courses as are established and main- tained by each high school district under the provisions of section one thousand seven hundred fifty c of this code, and as are shown by these reports and approved by the commissioner of vocational education. Deliver records to successor, Tliirteeuth — To deliver over, at tiie expiration of his term of office, on demand, to his successor, all property, books, documents, maps, records, reports, and other papers belonging to his office, or which may have ])een received by him for the use of his office. Visit state normal schools, i'nui icinlh To \if-il and inspect each slate normal school from time 1<> tiirie, itKpiii'e into its condition and management, rcijiiirc mmIi reports as he may deem iirupcr from the teachers of the sclioid and cxcicise general supervision oscr the same. lAmendnirnl approved May :! 1 , I'.H?; Stats. 1917. j.. IH7.| 201 POLITICAL CODE. §§ 1534-1543 § 1534. Orders for text-books. All orders for text-bookr shall be forwarded to the superintendent of jjublic instruction on blanks fur- nished by him. He shall investigate such orders and make necessary changes and forward the same to the person in charge of the ware- house and shipment of books with definite orders for shipment. He shall keep an accurate account of the amount of money received from the sale of text-books for each month and report to the controller on or before the fifth of the succeeding month, the number of books sold, or distributed, and the amount of money collected therefor, and shall pay such money into the treasury to the credit of the "school text- book fund." The amount fixed for royalty and costs of plates or copy- right matter in favor of any company, or individual, shall be presented by the superintendent of public instruction to the state board of educa- tion for its approval. Said claim shall be paid quarterly, in the same manner as other claims upon the state treasury, on the approval of the board of control. On receiving orders from the superintendent of public instruction for text-books the person in charge of the warehouse and shipment of books shall forward by freight, express or mail, as directed by the superin- tendent of public instruction, to the nearest freight depot, express or postoffice, in the name of the clerk of the school district or the city superintendent of schools in cities, the number of books called for in said order. [New section added May IS, 1917,- Stats. 1917, p. 706.] - § 1543. Duties of county superintendent of schools. It is the duty cf the sujierintendent of schools of each county: Superintending schools. First — To superintend the schools of his county. Apportion school moneys. Second — To apportion the school moneys to each school district as provided in section one thousand eight hun- dred fifty-eight of this code, at least four times a year. For this pur- pose he may require of the county auditor a report of the amount of all school moneys on hand to the credit of the several school funds of the county not already apportioned; and it is hereby made the duty of the auditor to furnish such report when so required; and whenever an ex- cess of money has accumulated to the credit of a school district beyond a reasonable amount necessary to maintain a school for eight months in such district for the year, the superintendent of schools shall place said excess of money to the credit of the unapportioned school funds of the county, and shall apportion the same as other school funds are appor- tioned. RecLUisitions. Third — (a) On the order of the board of school trus- tees, or board of education of any city or town having a board of education, to draw his requisition, upon the county auditor for all necessary expenses against the school fund of any district. The requisi- tions must be drawn in the order in which the orders therefor are filed in his office. Each requisition must specify the purpose for which it is drawn, but no requisition shall be drawn upon the order of the board of school trustees or board of education against the funds of any dis- trict except the teachers' or janitors' salaries, unless such order is ac- § 1543 POLITICAL CODE. 202 companied by an itemized bill showing the separate items, and the price of each, in payment for which the order is drawn; nor shall any requisi- tion for teachers' or janitors' salaries be drawn unless the order shall state the monthly salary of teacher or janitor, and name the months for which such salary is, due. Upon the receipt of such requisition the auditor shall draw his warrant upon the county treasurer in favor of the parties for the amount stated in such requisition. The order of the board of school trustees, or board of education, shall be made only on the form of blank approved by the superintendent of public instruction; provided, that said blanks shall be printed and furnished to the school districts by the board of supervisors of the respective counties of the state, and when signed by at least two members of the board of trustees, or the ofiicials authorized to sign orders for the board of education, shall be transmitted to the superintendent, who shall, in case he ap- prove such demand, indorse upon it, "examined and approved," together with the number and date when approved, and shall, in attestation thereof, affix his signature thereto, and deliver the same to the claim- ant, or his order, who shall transmit the same to the auditor, who shall, in case he allows said demand, indorse upon it "allowed," together with the number and date when allowed, and shall, in attestation thereof, affix his signature thereto, and deliver the same to the claimant and make a proper record thereof and charge against the particular fund of the particular district against which such demand was allowed; and said demand when so approved and signed by the superintendent, and when so allowed and signed by the auditor, shall constitute the requisf- tion on the auditor, and the warrant on the treasury within the meaning of this act; and provided, further, that the county superintendent of schools, after examining and approving any demand, may transmit the same directly to the county auditor, who after allowing such demand shall return the same to the county superintendent of schools, who shall thereupon return said demand to the governing board of the school dis- trict, which shall issue said demand to the claimant or to his order. (b) Transfer of funds for pupils of intermediate school course. On the order of the board of trustees or board of education of any ele- mentary school district located within, or having the same boundaries iis, a high school district which has established an intermediate school rourse as provided for in section one thousand seven hundred fifty a of the Political Code, to transfer from the school funds of such elementary scliool district to the fund of the board having control of such inter- mediate school course, such sum as may be agreed upon, as provided in section one thousand six hundred seventeen d of the Political Code, l.y said board of trustees or board of education and said board having control of such intermediate school course, for the tuition of pupils residing in such elementary school district and attending such inter- mediate school course; provided, that all of the funds so transferred shall he applied exclusively to tlie support of the grades of such inter- mcdijitt! si'liixil conise corresponding to the seventli and eighth grades of the rcj^iihir ilcinciitary sciiools. Register of requisitions. Fonrtli — To keep, open lo the inspection of llic pnl)li<-, a register of reipiisitions, showing the fund upon which the 203 POLITICAL CODE. § 1543 requisitions liave been dravv'n, the number thereof, in whose favor, and for what purpose they were drawn, and also a receipt from the person to whom the requisition was delivered. Examine schools. Fifth— To visit and examine each school in his county at least once in each year. For every school not so visited tlie board of supervisors must, on proof thereof, deduct ten dollars from his salary. Teachers' institutes. Sixth — To preside over teachers' institutes held in his county, and to secure the attendance thereat of lecturers com- petent to instruct in the art of teaching, and to report to the county board of education the names of all teachers in the county who fail to attend regularly the sessions of the institute; to enforce the course of study, the use of state text-books, and of high school text-books regularly adopted by proper authority, and the rules and regulations for the examination of teachers prescribed by the proper authority. Temporary certificates. Seventh — When he finds that the service makes it necessary and desirable, to issue temporary certificates as follows : (a) A temporary kindergarten certificate to the holder of a valid kindergarten certificate issued by a county board of education of California, or to the holder of a credential issued by a school author- ized b}' the state board of education to recommend teachers for kinder- garten certificates in the state of California. (b) A temporary elementary school certifilcate to the holder of a valid county certificate issued by a county board of education of California, or to the holder of a diploma issued by a California state normal school or other state normal school accredited by the state board of education. (c) A temporary secondary school certificate to the holder of a valid county certificate of secondary grade granted by a county board of edu- cation of California, or to the holder of a valid credential of secondary grade issued by a university authorized by the state board of education to recommend candidates for the high school certificate in California or to the holder of a state board high school credential. (d) A temporary special certificate of elementary grade or of second- ary grade to the holder of a special certificate of like grade issued by a county board of education in California, or to the holder of a recom- mendation of lilce grade in special subjects issued by an institution authorized by the state board of education to recommend persons for special certificates in the state of California, or to the holder of a credential of like grade in special subjects issued by the state board of education of California; provided, that a temporary special certificate may be issued only in such subjects as are listed in the certificate, recommendation, or credential upon which it is granted. A temporary certificate issued between July first and December first shall expire on the January first following, and a temporary certificate when issued between December first and June twenty-ninth shall expire on the July first following; provided, that no person shall be entitled to receive a temporary certificate more than once in the same county. § 1543 POLITICAL CODE. 20-4 Preliminary certificates. Eighth— To issue to persons in training for the teaching service "preliminary certificates" of a temporary character as follows: (a) Upon a recommendation signed by the president, principal or director of a California school authorized by the state board of educa- tion to train teachers for kindergarten teaching, a preliminary certifi- cate of kindergarten grade which shall authorize the holder thereof to do cadet-teaching without salary in any kindergarten school of the county. (b) To a person holding a recommendation from a California state normal school a preliminary certificate of elementary grade which shall authorize the holder thereof to do cadet-teaching without salary in any subject in any elementary school of the county. (c) To the holder of a recommendation from a university in this state authorized by the state board of education to issue recommendations for high school certificates, a preliminary certificate of secondary grade which shall authorize the holder thereof to do cadet-teaching without salary in any elementary or secondary school of the county. (d) To the holder of a recommendation from a California institution authorized by the state board of education to issue credentials for teachers of special subjects, or to the holder of a recommendation from the secretary of the state board of education, under regulations pre- scribed by said board, a preliminary special certificate of elementary or secondary grade as specified in said recommendation. Said prelimin- arj^ special certificate shall authorize the holder thereof to do cadet- teaching without salary in the special subjects listed in the recommen- dation upon which the preliminary certificate has been granted, in any school of like grade in the county. Xo such preliminary certificate shall be granted for a period exceed- ing two years, nor shall the superintendent of schools collect a fee tiierefor. Distribute laws, etc. Ninth — To distribute all laws, reports, circu- lars, instructions, and blanks which he may receive for the use of school officers. Reports of superintendents. Tenth — To keep in his office the reports of the superintendent of public instruction. Record of acts. Eleventh — To keep a record of his official acts and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants examined, which shall ])e oi)en to the inspection of any applicant or his authorized agent. Approval of plans for schoolhouses. Twelfth — Except in incorporated cities having boards of education, to pass upon and approve or reject all jilans for schoolliouses. To enable him to do so, all boards of trustees, licfore adopting any plana for school buildings, must submit the same to tlie county superintendent for his approval. Appoint trustees. Thirteenth — To ajijjoint trustees to fill all vacancies ill firnicntiiry sdiool districts as provided in section one tliousand five hiindird ninety-three of the I'olitical Code (ir as may be otiierwise pro- side. I liy law; to ap|(jint trustees to fill aH vacancies in high school 205 POLITICAL CODE, § 154.3b districts as provided in section one thousand seven hundred thirty-one of the Political Code or as may be otherwise provided bj' law; to ap- point trustees in new elementary school districts to hold office until the lirst day of May next succeeding their appointment. In case of the failure of the board of school tructees to appoint a clerk of the district on the proper date or in case of a vacancy in the position of clerk ot^ the district, the superintendent shall appoint a member of the board of school trustees clerk of the district. In case of the failure of the trustees to employ a janitor, as provided in section one thousand six hundred seventeen, subdivision seventh, of this code, he shall appoint a janitor, who ishall be paid out of the school fund of the district. Should the board of school trustees of any district fail or refuse to issue an order for the compensation of such service, the superintendent is hereby authorized to issue, without such order, his recpiisition upon the county school fund apportioned to such district. Reports. Fourteenth — To make reports, when directed by the super- intendent of public instruction, showing such matters relating to the public schools in his county as may be required of him. Preserve reports. Fifteenth — To preserve carefully all reports of school officers and teachers, and, at the close of his official terra, deliver to his successor all records, books, documents, and papers belonging to the office, taking a receipt for the same, which wall be filed in the office of the county clerk. Grade schools. Sixteenth — The county superintendent shall, unless otherwise provided by law, in the month of July of each year grade each school, and a record thereof shall be made in a book to be kept by the county superintendent in his office for this purpose. And no teacher holding a certificate below the grade of said school shall be employed to teach the same. Contract for Indian children. Seventeenth — On the recommendation of the county superintentlcnt of schools, boards of school trustees and city boards of education are hereby empowered to enter into contract with the national government to receive money from said national government for the Indian children in attendance in the schools under the jurisdiction of said boards, in addition to any money that may be appropriated for such schools by the state and the county. Any money received on such contract shall be transmitted to the county superin- tendent of schools to be by him paid into the county treasury to the credit of the special school fund of such school district. On the receijit of such money the superintendent shall notify the clerk of the board of school trustees of the receipt of the money. [Amendment approved May 29, 1917; Stats. 1917, p. 1289.] § IS-lSb. Jurisdiction of county superintendents over joint districts. Whenever any school district is situated partly within two or more counties, jurisdiction over such district is hereby conferred upon the county superintendent of schools of the county where the greater num- ber of school children of such district reside, but jurisdiction now or hereafter exercised over any such district under any law of this state shall not be changed to the superintendent of another county by reason §§ 1551-1576 POLITICAL CODE. 206 of this section or by reason of any change in the number of school children residing in the district unless a majority of the electors of the district vote in favor of such change at an election called for such purpose by the board of trustees of the district. When a new district is formed the board of supervisors of each county in which any part of the district is situated shall designate, in the order creating the dis- trict, the county superintendent W'hieh shall have jurisdiction thereover, and such d^etermination shall be final until changed by vote of the electors of the district as hereinbefore provided. [New section added May IS, 1917; Stats. 1917, p. 712.] § 1551. County superintendent's annual report. Every school super- intendent in this state must, on or before the first day of August in each year, rejiort to the superintendent of public instruction, and to the board of supervisors of his county, the average daily attendance in the day and evening elementary schools and the special day and evening elementary school classes, the average daily attendance in the day and evening high schools and the special day and evening high school classes and the average dailj^ attendance of pupils upon part-time vocational courses maintained by high school districts for persons engaged three or more hours each in academic and in educative occupational work, as provided for in section one thousand seven hundred fifty c of this code, as appears by the teachers' reports on file in his office for the school year immediately preceding. It shall be the duty of every county superintendent to inquire and ascertain whether the boundaries of the school districts in his county are definitely and plainly described in the records of the board of supervisors, and to keep in his office a full and correct transcript of such boundaries. In case the boundaries of dis- tricts are conflicting or incorrectly described, he shall report such fact to the board of supervisors, and the board of supervisors shall immedi- ately take such steps as are necessary to change, harmonize and clearly define tluMu. The county superintendent, if he deem it necessary, may order tlx' description of the district boundaries printed in pamphlet form, and pay for the same out of tlie unapportioned county school fund of the county. [Amendment approved May 31, 1917; Stats. 1917, p. 1384. 1 § 1576. Each city separate school district. Annexation of territory. Deemed part of city for election purposes. Every city or incorporated town, ('xce]>t cities and towns of tlie sixth class, unless subdivided by the legislative authority thereof, shall constitute a separate school dis- trict which shall be governed by the board of education or board of .school trustees of such city or incorporated town; provided, however, that in no instance shall the territory within an incorporated city of tlu! sixth class be in more than one school district; and provided, fur- ther, that whenever a city or town shall be incorporated, except a city or town of the sixth class, the board of supervisors of the county may ;iiinex thereto, for school purposes only, the remainder, or any part of the remainder, of the district or districts from which such city or in- corporated town was organized, whenever a majority of the heads of familioH residing therein, shall petition for such annexation; and pro- vided, further, that the board of supervisors may include more territory 207 POLITICAL CODE. §§ 1578, 1579 thau the remainder of the district or districts from which the city or incorporated town was organized, whenever a petition for such purpose is presented to them, signed by a majority of the heads of families re- siding in such additional territory. When said remainder or part thereof, or said additional oulside territory, has been annexed to said city or incorporated town, it shall be deemed a part of said city or incorporated town for the purpose of holding the general municipal election, and shall form one or more election precincts, as may be de- termined by the legislative authority of said city or incorporated town, the qualified electors of which shall vote only for the board of educa- tion, or the board of school trustees; and such outside territory shall be deemed to be a part of said city or incorporated town for all matters connected with the school department thereof, for the annual levying and collecting of the property tax for the school fund of said city or incorporated town; and for all purposes specified in sections one thou- sand eight hundred eighty to one thousand eight hundred eighty-eight of this code, inclusive; provided, however, that the last assessment-roll made by the county assessor shall be the only basis of taxation for such school district on the property outside the corporate limits so annexed for school purposes. [Amendment approved April 26, 1917; Stats. 1917, p. 208.] § 1578. Duty of superintendent on receipt of petition. When a peti- tion is presented under the foregoing section to the county superin- tendent of schools he shall examine the same and if he finds the same sufficient and signed as required by the section he shall set the same for hearing by the board of supervisors of his county at a regular meet- ing thereof and forthwith file the same with said board accompanied by his recommendations and a notice containing a general statement of the purpose of the petition and of the boundaries of the proposed new district, or the change of boundaries, as the case may be, and the time and place when aad where the petition will be heard. At least ten days prior to said date of hearing he shall send by registered mail a copy of such notice to each of the trustees of each school district which may be affected by the proposed change, if any, and shall post for the same period copies thereof in at least three public places in the territory proposed to be included in the new district and in at least three public places in each of the districts affected thoreby, if any, one of which shall be posted at the door of a schoolhouse, if any, of each of such districts. He shall attach to said original notice and submit therewith to said board of supervisors his affidavit of mailing and posting of said copies. Upon the filing with it of such petition, recommendations, notice and affidavit as herein required, the board of supervisors shall have jurisdiction to hear and determine said petition. [Amendment approved May 14, 1917; Stats. 1917, p. 568.] § 1579. Duty of board of supervisors. The board of supervisors must, at the time and place fixed in the notice mentioned in the preced- ing section, hear all persons interested in the petition and may continue the hearing thereof from time to time but for not more than two weeks in all. If it approves the petition it must, by an order entered upon its minutes, establish the district and define its boundaries, or order the §§ 1582 POLITICAL CODE. 208 (^-liauge of boundaries, as the case may be, but no territory not iueludecl in the petition shall be included in any district until a notice and hear- ing has been given as required by the preceding section. A copy of such order, certified by the clerk of such board, shall be recorded in the office of the county recorder of each county in which any such new district is situated, or in each county where the district whose bound- aries are changed is situated, and such order shall, after the expiration of one year from the date of the recording thereof, be conclusive evi- dence that such district has been legally organized, or the boundaries legally changed, as the case may be. After the expiration of such time no suit shall be maintained which calls in question the validity of such organization or change of boundaries. [Amendment approved May 14, 1917; Stats. 1917, p. 568.] § 1582. Suspension of school district. District declared lapsed, (a) If in any school district there has been an average daily attendance of only five or a number of pupils less than five during the whole school year, the superintendent shall, after giving due notice to all parties interested by sending notices by registered mail to each of the trustees, or, by causing notices to be posted in three public places in the district, one of which shall be at the door of the schoolhouse, for not less than ten days, report the fact to the board of supervisors at their first meet- ing in August. The board of supervisors shall investigate the matter, and, if in its judgment it would be bstter to temporarily suspend the school district they shall immediately so suspend it. If the board of supervisors find that there are other school facilities or that there is no reasonable chance to re-establish the district they shall declare the dis- trict lapsed, and shall attach the territory thereof to one or more of the adjoining districts in such manner as may be by them considered most convenient for the residents of said lapsed district. (b) Suspended school district re-established. At the meeting of the board of supervisors in tlie months of July, August;* or September, the board of supervisors may re-establish a suspended school district upon proper showing of the people or board of school trustees of the district that tliere are eight or more pupils of the district ready to attend school. ((■) Apportionment for suspended district. After a district has been suspended, the county superintendent shall at the time of making the ap]iortionment of scliool moneys as pro\ ided in section one thousand eight hundred fifty-eight of the Political Code, set aside for such sus- pended district, the sum of five liuudred fifty dollars. This amount, witii any unexpended balance In Ihe croilit (,f tlie disti-ict. shall be held i'ny the use of tlic suspended district, in case it should be re-establlished, •■III (I so much of it as may be needed to keep the property of the sus- pended district insured may be expended by the trustees in the same manner as if the district were not suspended. But no subsequent appor- lionmcnt sliall be made to a suspended district, until it is reestablished as provided in subdivision three of this section. (<\} Trustees. 'I'mslees shall be elected or ;i|ipi)inte(l in suspended ilistricts JMst :is if they were not suspended. (>•) Notice that district lapsed. Tlic S(i|jci intcndenf may at any time in tlie month of. July of any year give notice as provided in subdivision 20n POLITICAL CODE. § 1593 two of this scH'lioii, to any .suspoiidod district which has not maintained school during the year juist, and at the first meeting of the board of supervisors in August asU that such district be declnred lapsed. (f) Suspended district merged with adjoining district. A suspended district may l)e merged with one or more adjoining districts whenever a petition signed by the niajority of heads of families residing in each of said districts shall be presented to the board of supervisors. Such petition must be filed with the county superintendent and by him pre- sented to the board of supervisors with such suggestions as he thinks best. (g) Disposition of property of lapsed district. When any district has been declared lapsed, the board of supervisors shall sell or other- wise dispose of the property thereto belonging, and shall place the pro- ceeds of such sale to the credit of the district. Thereupon the superin- tendent shall determine all outstanding indebtedness of said lapsed district, and shall draw his requisition upon the county auditor in pay- ment thereof. Any balance of moneys remaining to the credit of said lapsed district after all indebtedness has been paid shall be transferred by the superintendent to the credit of the district into which the said lapsed district has been merged. If the lapsed .district has been at- tached to more than one of the adjoining districts, the superintendent must apportion the moneys remaining to the credit of the lapsed district to the several districts pro rata according to the average daily attend- ance in the respective districts as shown by the teachers' reports for the preceding school year. Should there not be suf3ficient funds to the credit of the lapsed district to liquidate all of the outstanding indebted- ness thereof, the sujaerintendent shall .draw his requisition upon the county auditor pro rata for the several claims. [New section added May 29, 1917; Stats. 1917, p. 1287.] § 1593. Election of school trustees. First — An election for school trustees must be held in each school district on the last Friday of March of each year, at the district schoolhouse, if there is one, and. if there is none, at the place to be designated by the board of trustees. Number. Second — The number of school trustees for any school dis- trict, except where city boards are otherwise authorized by law, shall lie three. No persons shall be deemed ineligible to the office of trustee on account of sex. Trustees in new districts. Third — In new school districts the school trustees shall be elected on the last Fridaj'^ of March subsequent to the formation of the district, to hold office for one, two and three j^ears, respectively, from the first day of May next succeeding their election. Vacancies. Fourth — When a vacancy occurs from any of the causes specified in section nine hundred ninety-six of this code, the county superintendent of schools shall appoint a suitable person to fill such vacancy to hold office for the remainder of the unexpired term. One trustee elected annually. Fifth — Except as provided in subdivi- sions two and -three of this section, one trustee shall be elected annu- ally, to hold office for three years from the first day of May next sue- 14 §§ 1599-1603a political code. 210 ceeding his election, or until his successor shall be elected, or appointed^ and Qualified. [Amendment approved"May 18, 1917; Stats. 1917, p. 734.] § 1599. Fonn of ballots for election of school trustees. Manner of voting. Secret ballot. Each county superintendent of schools shall fur- nish uniform ballots for the election of school trustees in his county, and no other form of ballot shall be used. The expense of printing and distributing- such ballots to the various districts shall be paid as other current expenses of his office. The form of said ballots shall be as follows: OflScial ballot provided by the ofiice of the superintendent of schools to be used in the election of school trustees in district, in the county of . Immediately following the above there shall be at least twelve spaces for the insertion of the names of candidates, each space with a blank square for the expression of the will of the voter. The name of the county shall be printed in as a part of the official ballot. The school trustees must provide for printing, stamping or writing into this ballot the designation of the district and the name of each candidate for office who has officiallj^ announced himself five days prior to the date of the election by filing or having filed with the clerk of the board of trustees a written statement signed by him that he is a candidate for the office of trustee. In casting his vote the elector must stamp or write a cross in the square space immediately following the name of the candidate for whom he desires to vote, or, should the elector desire to vote for a candidate whose name does not appear on the ballot, he shall himself write the name of said candidate in the space provided for that purpose on the ballot. Where the elector writes the name of a candidate on the ballot he may, but it shall not be necessary for him to, designate his vote by writing or stamping the cross after such name. After properly marking his ballot he shall hand it 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. The board of school trustees may arrange for secret ballot by pro- viding a booth or private room in which the voter may prepare his ballot, and in districts employing two or more teachers they must ar- range for such secret ballot in the manner prescribed above. iS"o electioneering shall be carried on within one hundred feet of the polls. [Amendment approved March 21, 1917; Stats. 1917, p. 15.] § 1603. Board of school trustees. Except when otherwise authorized liy law, every school district sliall be under the control of a board of school trustees, consisting of three members. [New section added May 18, 1917; Stats. 1917, p. 735. J § 1603a. Term. The term of office of school trustees is three years from the first day of May next succeeding their election. [New section added May 18, 1917; Stats. 1917, p. 735.] 211 poLrncAL code. §§ 1604-1607 § 1604. When new district organized. First — When a new district is organized, such of the trustees of the old district as reside within the boundaries of the new shall be trustees of the new district until the expiration of the time for which they were elected. When joint districts formed. Term. Second — When joint districts are formed, three trustees shall be elected at the regular school election next succeeding the formation thereof, to hold office for one, two, and throe years respectively from the first day of May next succeeding their election. The terms of the trustees in the districts uniting to form the joint district shall expire on the formation of such district, and the superin- tendent of the county, in which lies the district having the greatest average daily attendance, shall appoint two trustees, and the superin- tendent of the county in which the other district lies shall appoint one trustee, to hold office until the first day of May next succeeding the formation of the joint district. [New section added May 18, 1917; Stats. 1917, p. 735.] § 1605. Vacancies. First — Vacancies in the office of school trustee are caused by the happening of any of the events specified in section nine hundred ninety-six of the Political Code, or by failure to elect, as provided in section one thousand five hundred ninety-three of this code. Resignations. Second— When a school trustee resigns, his resignation must be sent in writing to the county superintendent of schools. [New section added May 18, 1917; Stats. 1917, p. 736.] § 1606. City boards of education. Boards of education are elected in cities under the provisions of the laws governing such cities, and their powers and duties are as. prescribed in such laws, except as other- wise in this chapter provided. [New section added May 18, 1917; Stats. 1917, p. 736.] § 1607. Powers. Boards of school trustees and city boards of educa- tion shall have power, and it shall be their duty: Prescribe rules. First- — To prescribe and enforce rules not inconsist- ent with law, or with those prescribed by the state board of education, for their own government and for the government of the schools under their jurisdiction, and to transact their business at regular or special meetings called for such purpose. The board shall fix the time for its regular meetings, and such action shall be proper notice to all members of the board of such meetings, but for any special meetings, written notice must be given to each member of the board at least twenty-four hours prior to the time for the meeting, unless at the time of the meet- ing each and every member of the board waives such written notice. Enforce course of study. Second — To enforce in schools the course of study and the use of text-books prescribed and adopted by the proper authority. Exclude sectarian books. Third— To exclude from school and school libraries all books, publications, or papers of a sectarian, partisan or denominational character. §§ 1608, 1609 POLITICAL CODE. 212 Annual report. Fourth — To make an annual report, on or before the first day of Jul.y, to the superintendent of schools in the manner and form and on the blanks prescribed by the superintendent of public instruction. Report of text-'books. Fifth — To make a report, whenever required, directly to the superintendent of public insti'uction of the text-books used in their schools. Visit schools. Sixth — To visit each school in their district at least once in each term and to examine carefully into the management, con- ditions and needs of those schools, except in school districts which employ district or city superintendents of schools, and in those dis- tricts to visit such schools or provide that they shall be visited by the district or city superintendent of schools or his assistants. [New sec- tion added May 18, 1917; Stats. 1917, p. 736.] § 1608. Powers of school trustees and city hoards of education. Boards of school trustees and city boards of education shall have power, and it shall be their duty: Manage school property. First — To manage and to control school property within their districts, and to pay all moneys received by them or collected by them from any source whatever, and all moneys appor- tioned to them from taxes levied and collected under the authority of city councils for school purposes, into the county treasury to be placed to the credit of the proper fund of their districts. Purchase school furniture. Second — Except as otherwise provided in this code, to purchase school furniture, including musical instruments, and apparatus, and such other articles as may be necessary for the use of schools; provided, that except in city school districts governed by boards of education, they shall purchase such books and apparatus only as have been adopted by the county board of education. Insure, etc., school property. Third — To furnish, repair, and insure and in their discretion, rent, the school property of their respective dis- tricts, such insurance to be written in any solvent insurance company, doing business in this state, or in any mutual insurance company organ- ized under the laws of this state. Build schoolhouses. Fourth — When directed by a vote of their dis- tricts to build schoolhouses or to purchase or sell school lots. Receive and make conveyances. Fifth — To receive in tlie name of the district conveyances for all property received and purcluised by them, and to make in the name of the district conveyances on all property belonging to the district and sold by tliem. [New section added May 18, 1917; Stats. 1917, p. 737.] §1609. Powers of. Boards of school trustees and city boards of edncalioii siiall have jiovver, and it shall be their duty: Employ principal. City superintendent of schools. First— To employ a jtrincipal for each school under their control, and tliey may employ a district superintendent for one or more schools employing eight teachers 213 POLITICAL CODE. § 1609 or more under their control. In each city school district governed by a city board of education, such board may employ a city superintendent of schools and such deputy or assistant city superintendents as it may deem necessary and fix and order paid their compensation unless the same be otherwise prescribed by law. Any deputy city superintendent of schools, or assistant city superintendent of schools, or district super- intendent may be elected for a term of four years. Employ teachers. Pay. For less than school year. Second — To em- jiloy the teachers, and imniodiutely notify the county superintendent of schools in writing, of such employment, naming the grade of certificate lield by the teacher employed; also to employ janitors and other em- jdoyees of the school; to fix and order paid their compensation, unless the same be otherwise prescribed by law; provided, that no board shall enter into any contract with such employees to extend beyond the close of the next ensuing school year; except that teachers may be elected on or after June first for the next ensuing school year, and each teacher so elected shall be deemed re-elected from year to year thereafter unless the governing body of the school district shall on or before the tenth day of June give notice in writing to such teacher that his services will not be required for the ensuing school year, i Such notice shall be deemed sufficient and complete when delivered in person to the teacher by the clerk or secretary of the governing body of the school district, or deposited in the United States mail with postage prepaid -addressed to such teacher at his last known place of address; provided, that any teacher who shall fail to signify his acceptance within twenty days after notice of his election or em2:)loyment has been given or mailed shall be deemed to have declined the same. Any board of trustees or city board of education may arrange to pay the teachers or principals so employed by them in ten or eleven or twelve equal payments instead of by the school month; provided, however, that where the board of trustees or city board of education arranges to pay the teachers or principals employed by them in twelve equal payments for the year, they shall begin such payments on the first day of the calen- dar month following the opening of schools for the current year in all cases where school is opened during the month of July, and in all cases where school is not opened during the month of July the board of trus- tees or city board of education may withhold such warrant or warrants which may have fallen due prior to the opening of school until the teachers or principals so employed by them shall have returned to the employment for which they were engaged by the board of school trus- tees or the city board of education and shall have resumed their respec- tive duties, and then such payments shall be continued from month to month on the first day of each calendar month thereafter until said teachers have been paid the full amount due to them for that fiscal year; provided, that a teacher who serves less than a full school year is entitled to receive as salary only an amount that bears the same ratio to the established annual salary for such position as the time he teaches bears to the annual school term; provided, that whenever the first day of the month falls upon, a holidaj', payment of teachers' salaries shall be made on the following day. § 1610 POLITICAL CODE. 214 Appoint district librarians. Third — To appoint and, in their discre- tion, pay district librarians, and enforce the rules prescribed for the government of district libraries. Employ supervisors. Fourth — To employ in their discretion super- visors of subjects and to fix and order paid their compensation unless the same be otherwise prescribed by law. [New section added May 18, 1917; Stats. 1917, p. 737.] § 1610, Powers and duties of school and city boards of education. Board of school trustees and city boards of education shall have power, and it shall be their duty: Suspend pupils. First — To suspend or expel pupils for misconduct, when other means of correction have failed to bring proper conduct. Exclude children. Children under six admitted when. Second — To ex- clude from the schools children under six years of age, except as herein- after provided; provided, that where the kindergarten is part of the day elementary schools, children may be admitted to the kindergarten classes at four and one-half years of age; and provided, further, that where any district has established a school for the instruction of the deaf, such children may be admitted to the deaf school at three years of age. In the enforcement of the provisions of this section children shall be admitted to the beginning classes of any school during the first month of the school year, or when the school year is divided into school terms, during the first month of each term, and children who will be six years of age before the end of the six months of the school year, or before the end of the third month of the school term, shall be admitted at the beginning of the school year, or the school term, and children who will not be six years of age by the end of the period specified shall not be admitted until the beginning of another school year or school term. Beginners shall in like manner be admitted to the beginning classes of the kindergarten during the first month of the school year, or of the school term, if the school year be divided into terms, if such children will be four and one-half years of age before the end of the sixth month of the school year and before the end of the third month of the school term, and children who will not be four and one-half years of age within tlie period specified shall not be admitted to the kinder- garlen classes, until the beginning of another school year or term. Register. Third — To cause the principal to keep a register open to tlic iiispcction of the public, of all children applying for admission and entitled to be admitted into the public schools, and to notify the par- ents or guardians of such children when vacancies occur, and receive siii-li children into the scliools in the order in which they are registered. Permit children from other districts to attend. Fourth — To permit children from other districts to attend the schools of their district only .upon the consent of the trustees of the district in which such children reside; provided, that should the trustees of the district in which children whose parents or guardians desire them to attend in other dis- tricts reside, refuse to grant tlieir cojisent, the jiaronts or giiardians 215 POLITICAL CODE. § 1611 of such children may appeal to the county superintendent and his decision shall be final. Care to health. Fifth — To give diligent care to the health and physi- cal development of pupils, and where sufficient funds are provided by district taxation, to employ properly certificated persons for such work. Provide transportation. Sixth — To provide, with the written ap- proval of the superintendent of schools, for the transportation of pupils to and from school whenever in their judgment such transportation is advisable, and good reasons exist therefor, to purchase or rent and pro- vide for the upkeep, care, and operation of vehicles, or to contract and pay for the transportation of pupils to and from school by common car- rier, or to contract with and pay responsible private parties for such transportation; provided, that in order to secure such service at the lowest possible figure consistent with proper and satisfactory service, boards of education and boards of school trustees shall secure bids for the items of service contemplated in this subdivision; and provided, fur- ther, that no board shall make any purchase or enter into any contract for such service without securing the written approval of the county superintendent of schools. [New section added May 18, 1917; Stats. 1917, p. 739.] § 1611. Meetings of electors. Notices. Organization. Powers of meeting. Litigation. Boards of trustees in school districts, not includ- ing districts having city boards of education, may, and upon a petition signed by a majority of the heads of families resident in the district, must call meetings of the qualified electors of the district for deter- mining or changing the location of the schoolhouse, or for consultation in regard to any litigation in which the district may be engaged, or be likely to become engaged or in regard to any affairs in the district. Such meetings shall be called by posting three notices in public places, one of which shall be in a conspicuous place on the schoolhouse, for not less than ten days previous to the time for which the meeting shall be called, which notices shall specify the purposes for which said meetings shall be called; and no other business shall be transacted at such meet- ings. District meetings shall be organized by choosing a chairman from the electors present, and the district clerk shall be clerk of the meeting, and shall enter the minutes thereof on the records of the district. A meeting so called shall be competent to instruct the board of trustees: 1. In regard to the location or change of location of the schoolhouse or the use of the same for other than school purposes; provided, that in no case shall the schoolhouse be used for purposes which necessitate the removal of any school desks or other school furniture. 2. In regard to the sale and purchase of school sites. 3. In regard to prosecuting, settling or compromising any litigation in which the district may be engaged, or be likely to become engaged, and may vote money not exceeding one hundred dollars in any one year, for any of these purposes in addition to any amount which may be raised by the sale of district school property, and the insurance of property destroyed by fire; provided, that the proceeds of the insurance of the library and apparatus shall be paid into the library fund. All §§ 1612, 1613 POLITICAL CODE. 216 funds raised by the sale of school proijerty may be disposed of by direction of a district meeting. District meetings may be adjourned from time to time, as found necessary, and all votes instructing the board of trustees shall be taken by ballot, or by ayes and noes vote, as the meeting may determine. The board of trustees shall, in all cases, be bound by the instructions of the district meeting in regard to the subjects mentioned in this section; provided that the vote in favor of changing the location of the sehoolhouse be two-thirds of all the elect- ors voting at said meeting upon the proposition to change the location. [Amendment approved May .18, 1917; Stats. 1917, p. 710. J § 1612. Contracts. Bids. Estimates. Boards of school trustees and city boards of education shall have power and it shall be their duty to let all contracts involving an expenditure of more than two hundred dollars for work to be done or for material or supplies to be furnished, to the lowest responsible bidder who will give such security as the board may require, or else to reject all bids; provided, that continuing con- tracts for materials and supplies may be made with an accepted bidder for a period of one year; and provided, further, that the board may repair old buildings by day's labor. For the purpose of securing bids the board must publish a notice calling for bids, stating the work to be done or materials or supplies to be furnished, and the time when and the place where bids will be opened, at least once a week for two weeks in some newspaper of general circulation published in the county, or it there is no such paper, then in some newspaper of general circulation^ circulated in such county; provided, that in school districts having an average daily attendance of one thousand or more pupils, as shown by the annual report of the county superintendent of schools for the pre- ceding school year, the board may secure from responsible bidders at least three estimates of the cost of such work to be done, or materials or supplies to be furnished, such estimates to be secured from bona fide dealers or craftsmen engaged in the business or in handling the goods specified. Said estimates must be submitted in writing and must be filed with the clerk or secretary of the board, and if any of such esti- mates of cost is less than five hundred dollars, the board may let a contract for such work, material or supplies, to the lowest responsible bidder without publishing such notice calling for bids. [New section added May 18, 1917; Stats. 1917, p. 741.] § 1613. Grant use of school buildings. Boards of school trustees and city boards of education are hereby authorized to grant the use of school buildings or grounds for public, literary, scientific, recreational or educational meetings, or for the discussion of matters of general or jiublic interest upon such terms and conditions as said board may deem proper; provided, however, that said use shall not be inconsistent with tlie use of said buildings or grounds for school purposes, nor interfere wilh Ihe regular conduct of school work, nor be granted in such a man- ner ;is 1o conslitiife a mono]ioly for the benefit of any person or organ- i/.dtioii; and provided, furtlier, that no privilege of using said buildings or groundw shall be granted for a period exceeding one year, such |irivjlego being rcncwaljlc and revocable in the discretion of the board fit aiiv time. |Ainrn.lnicnl Mjiproved Miiy 18, 1917; Stats. 1917, p. 741.] 217 POLITICAL CODE. §§ 1614-1616 § 1614. Display of United States flag. Boards of school trustees in all school districts througiiout tlie state and boards of education in all cities and cities and counties throughout the state shall provide for each schoolhouse under their control, a suitable flag of the United States, which shall be hoisted above each schoolhouse during all school sessions, weather permitting. It shall be the duty of boards of school trustees and boards of education to enforce this provision. It shall also be the duty of such boards of school trustees and boards of education to pro- vide smaller and suitable United States flags to be displayed in each schoolroom at all times during the school sessions. It shall be the duty of such boards of trustees and boards of education to enforce this pro- vision. [Amendment approved May 18, 1917; Stats. 1917, p. 742.] § 1615. "Home teachers."' Duties. Qualifications. Boards of school trustees or city boards of education of any school district, may employ teachers to be known as "home teachers," not exceeding one such home teacher for every five hundred units of average daily attendance in the common schools of said district as shown by the report of the county superintendent of schools for the next preceding school year. It shall be the duty of the home teacher to work in the homes of the pupils, instructing children and adults in matters relating to school attendance and preparation therefor; also in sanitation, in the English language, in household duties such as purchase, preparation and use of food and of clothing and in the fundamental principles of the American system of government and the rights and duties of citizenship. The qualifications of such teachers shall be a regular kindergarten primary, elementary or secondary certificate to teach in the schools of California and special fitness to perform the duties of a home teacher; provided, that the sala- ries of such teachers shall be paid from the city or district special school funds. [Amendment approved May 18, 1917; Stats. 1917, p. 742.] § 1616. Kindergarten. Estimate for maintenance of kindergarten. Levy of tax. Discontinuance. Funds revert. Limit on tax rate. The board of education of every city, city and county, or the board of school trustees of every school district in this state, must, upon petition of the parents or guardians of twenty-five or more children between the ages of four and one-half and six years, residing within one mile of any elementary school building situate in such city, city and county, or school district, establish and maintain a kindergarten or kindergartens; provided, that the order of the board establishing such kindergarten or kindergartens shall be made only between the first day of June and the first day of August in any year; and provided, further, that after the first year in w'hicli any kindergarten or kindergartens shall have been established and maintained, that the number of kindergartens which shall be maintained in any city, or city and county, or school district, during any particular school year, shall be determined by the governing body of the schools of such city, city and county or school district. The board of education of every city, city and count}', or the board of school trustees of every school district in which a kindergarten is established under the provisions of this act, must at least fifteen days § 1617 POLITICAL CODE. 218 before the first day of the month m which the board of supervisors is required by law to levy the taxes required for county purposes, submit to the county superintendent of schools an estimate of the amount of monej- which will be required for the maintenance of any kindergarten or kindergartens in their several school districts for the ensuing school year. The county superintendent of schools shall thereupon examine said estimate and submit copies of the same, with his approval or disapproval indorsed thereon, to the board of supervisors and to the county auditor at the time he submits to them his estimate for the county school tax for the current year. If the county superintendent of schools approves such estimate, the board of supervisors shall, at the time and in the manner of levying other taxes, levy and cause to be collected in the sev- eral school districts for which estimates have been submitted and ap- proved as herein provided, the amount so estimated and approved. The fund so levied shall be known as the kindergarten fund of school district, as the ease may be, and shall be available for the maintenance of the kindergarten or kindergartens established under the provisions of this section, and the moneys drawn from such fund shall be paid out in the same manner as the moneys from state and county school funds for the maintenance of the elementary schools are drawn and paid out. If the average daily attendance in any kindergarten in any city, city and county, or school district, shall be ten or less for the school year, the governing body of such city, city and county, or school district, shall, at the close of such school year, discontinue such kindergarten. In case a city, city and county, or schol district, maintains but one kindergarten, should such kindergarten be discontinued as provided by this section, the funds of such kindergarten shall immediately revert to the elementary schools of the city, city and county, or school district, in which said kindergarten has been located; and in case any city, city and county, or school district maintains two or more kindergartens the property and funds of a kindergarten which has been discontinued shall revert to the kindergarten or kindergartens which are still in operation in said city, city and county, or school district. The rate of taxation which may be levied for the support of kindergartens in any one year shall not exceed ten cents on the one hundred dollars of the taxable property of such city, city and county, or school district; and such tax for the support of the kindergarten or kindergartens, shall be in addition to any other tax which may be levied for the support of the pul)]i(' schools. [Amendment ap- l)roved May 18, 1917; Stats. 1917, p. 742.] § 1617. Intermediate school course. The board of education of any city, or of any city and county, or the board of school trustees of any scliool district situated within a high school district maintaining an interme- diate school course, shall permit pupils who have completed the sixth year of the elementary school to attend an intermediate school course established as provided by section one thousand seven hundred fifty a, of the Political Code, and shall pay to such high school district for the education of such pupils, a tuition charge which shall be agreed upon by said board of education, or board of school trustees, and the high scliool Vjoard maintaining such intermediate school course; provided, that 219 POLITICAL CODE. §§ 1617a-1617y2 such board of education or board of school trustees shall not pay to any such high school board for educating a pupil, residing in such elementary sch,ool district and attending such intermediate school course, a tuition charge greater than the average net cost per pupil for educating pupils in the first six years of the elementary school in said elementary school district; and provided, further, that such tuition charge shall cease to be paid after the pupil has completed two years of work in such interme- diate school course. [Amendment approved May 18, 1917; Stats. 1917, p. 742.] § 1617a. United States flag over schooUaouses. Also in schoolrooms. [Repealed May 18, 1917; Stats. 1917, p. 7-14.] § 1617b. Contract with state normal school for education of children. Revocation. The trustees of an elementary school district with an average daily attendance of thirty-five or less, as shown by the last teacher's re- port on file in the office of the county superintendent of schools, when authorized by a majority vote of their district at a district meeting called for that purpose, may contract with a state normal school for the educa- tion of the children of their district; provided: 1. That the elementary school so contracting shall be housed by the normal school on the normal school campus or in the sehoolhouse in the district and shall be used as a rural model practice school. 2. That the trustees of the elementary school district shall contribute to the support of the school all of the money apportioned to their dis- trict from the state and county funds. Said funds to be handled and expended by the trustees of the elementary school district in the same manner as provided by law. Such contract may be revoked by a majority vote of the board of trustees of the normal school or by the trustees of the elementary school district, when authorized to do so by a majority vote of their district at a special district meeting called for that purpose. Such contract shall be in effect from July first following date of contract and shall remain in effect until the end of the school year in which the contract is revoked. [New section added May 31, 1917; Stats. 1917, p. 1516.] Note.— The old section 1617b, relating to home teachers and their qualifications, was repealed May 18, 1917; Stats. 1917, p. 744. § 1617c. Establishment of kindergartens. Discontinuance for small attendance. [Repealed May 18, 1917; Stats 1917, p. 744.] §1617d. Pupils who may attend. Tuition. [Repealed May 18, 1917; Stats. 1917, p. 744.] " § 16171/2- Sale or leasing of school property. Conditions. Effect of act. Boards of education, or other governing boards, in cities and having jurisdiction over both the elementary and high school districts embrac- ing such cities, in which the total number of units of average daily at- tendance in both such school districts, as shown by the annual report of the county superintendent of schools to the state superintendent of public instruction for the preceding school year, exceeds fifty-five thousand, are hereby authorized to sell, or lease for a term not exceeding ninety- § 1619 POLITICAL CODE. 220 nine years, any real property belonging to their respective school dis- tricts, or high school districts upon which no public school is being maintained upon the following conditions: Before ordering the sale or lease of any such property such board of education, or other governing boards, shall, in open meeting, by a two- thirds vote of all of its members, adopt a resolution declaring its inten- tion to sell the same, or a resolution declaring its intention to lease the same, as the case may be, which said resolution shall describe the property proposed to be sold, or leased, in such manner as to identify it and shall specify the minimum price, or rental, and terms for which it will be sold, or leased, and fixing a time, not less than three weeks thereafter, and place for a public meeting of said board of education, or other governing board, at which sealed proposals to purchase or lease, as the ease may be, will be received and considered. Said resolution shall, before the date of such meeting, be published once a week for three successive weeks in one or more nev.'spapers of general circulation pub- lished in the district. At the time and place fixed in said resolution for the meeting of said board of education or other governing board, all sealed proposals which have been received shall, in public session, be opened, examined, and declared by said board, or other governing board, and the property be sold, or leased, as the case may be, to the highest responsible bidder among those who have submitted sealed proposals and who offer to comply with all terms and conditions specified in the resolu- tion of intention to sell or lease; provided, however, that if any re- sponsible person shall at said meeting offer to purchase such property, or to lease such property, as the case may be, for a price or rental ex- ceeding the highest other proposal or offer before the board by not less than five per cent, the property shall be sold, or shall be leased as the case may be, to such person; and provided, further, that said board or other governing board may, should it deem such action for the best public interest, at any time, reject any or all bids, and withdraw such property from sale. Any order of sale or lease made hereunder by said board, or other governing board, shall authorize and direct the execution and delivery by the chairman, or other presiding officer, of said board, or other governing board, of the deed or lease of said district to the purchaser or lessee. This section shall not be taken to authorize action upon proposals for sale and proposals for lease at the same meeting. The provisions of this section shall be deemed to supersede any other provision of law relating to powers and duties of boards of trustees, and boards of education, only in so far as its terms are in conflict there- with, and shall not be deemed as repealing any such other provision of law not conflicting with the terms of lliis section, [New section added June 1, 1!)17; Stats. 3917, p. 16-15. | § 1619. Equal rights and privileges. Vacation schools. Qualifications of teachers. Firt^t — Except wiiere a school has been closed by order of a city or a county board of health or of tlie state board of health, on account of cnnt.'igious disease, or wIkm-c Mich school has been closed on accoiinl of (iic. Mooil or othci- |inlilic ilisiislcr, bonnls of school trustees and city boards of education must niiiinfain all of the elementary day scliools established by them for .hii (Mina] length of lime during the year, and :ill rif the driy high -.cliools est nlilished liy tlicni for an erpml length 221 . POLITICAL CODE. § 1662 of time during the year, and, as far as possible, with equal rights and privileges; provided, that boards of school tiiistces and city boards of education may establisli and maintain vacation schools of kindergarten, elementary, or high school grade. No vacation school shall be established until a school of equal grade has been maintained for at least eight months. The duties of teachers, courses of study, length of school day, and all other matter relating to vacation schools, shall be determined Vjy the boards of school trustees, or by the city board of education. Only teachers who are legally qualified to teach in the public schools of the state shall be eligible to teach in vacation schools of corresponding grade; provided, that the attendance of pupils upon such schools shall not be counted as a part of the average daily attendance of the regular element- ary or secondary schools of the district, nor shall the state or county .school funds be used to maintain such schools. When school maintained in different portions of district. Second — When in any district it is necessary for the convenience of the residents of said district that the school therein should be maintained a part of the year in one portion of the district, and a part of the year in another I>ortion of the district, the aggregate of the time the school has been maintained in the different portions of the district shall be considered in estimating the time for which a school has been maintained in the dis- trict during the school year. [Amendment approved May 18, 1917; Stats. 1917, p. 688.] § 1662. Courses of study. First — The courses of study for the day elementary schools of California shall embrace eight years of instruc- tion; and such courses must allot eight years for instruction in subjects required to be taught in such schools and may allot not more than two years for kindergarten instruction. Ages for admission. Second — The day elementary schools of each school district of California shall be open for the admission of all children between six and twenty-one years of age residing in the district, and may be open for the admission of adults if the governing body of the district deem such admission advisable; provided, that where kinder- garten instruction is given in the schools of a district, such school shall admit children to the kindergarten classes at four years of age; and the reports for the kindergarten classes shall be kept and shall be made separate from other school rei:torts; and provided, further, that wherever a school is established for the instruction of the deaf, such children may be admitted to such school at three years of age; provided, that the average daily attendance of deaf children w^ho are six years of age or older shall be counted as part of the average daily attendance in the day and elementary schools. Children excluded. Separate schools for Indians, etc. Third — The governing body of the school district shall have power to exclude children of filthy or vicious habits, or children suffering from contagious or in- fectious diseases, and also to establish separate schools for Indian children and for children of Chinese or Mongolian descent. When such separate schools are established, Indian, Mongolian or Chinese children must not be admitted into any other school. §§1663-1665 POLITICAL code. 222 Special day and evening classes. Fourth — The governing body of any elementary school district shall have power to establish and maintain, in connection with any school under its jurisdiction, special day and evening classes for the purpose of giving instruction in any of the branches of study mentioned in section one thousand six hundred sixty- five of this code. These classes may be convened at such hours and for such length of time during the school day or evening, and at such period and for such length of time during the school year as may be deter- mined by such governing authority; and the enrollment of and attend- ance upon such classes shall be kept separately and the units of average daily attendance shall be determined as provided in section one thou- sand eight hundred fifty-eight of this code and shall be added to the attendance of the elementary school district. Ages for admission. Fifth— The evening elementary schools and th& special day and evening classes of the elementary schools of any school district shall be open for the admission of all children over the age of fifteen years, residing in the district and for the admission of adults; provided, that children under fifteen years of age who have been given permits to work in accordance with the provisions of an act to enforce the educational rights of the children may be admitted to the evening elementary schools. [Amendment approved Mav 18, 1917; Stats. 1917, p. 667.] § 1663. Classification of public schools. 1. The public schools of Cali- fornia, other than those supported exclusively by the state, shall be classed as day and evening elementary, and day and evening secondary schools. The day and evening elementary schools of California shall be designated as primary and grammar schools. The day and evening secondary" schools of California shall be designated as high schools and technical schools, and either class may include a portion of the other class. [Amendment approved May 29, 1917; Stats. 1917, p. 1315.] § 1665. Branches to be taught in grades. Time given. First — Instruc- tions must be given in the following branches in the several grades in which they may be required, viz.: reading, writing, spelling, arithmetic, geography, language and grammar, with special reference to composi- tion, history of the United States with special reference to the history of the constitution of the United States and the history of the reasons for the adoption of each of its provisions, the duties of citizenship, to- gether with instruction in local livil government; elements of physi- ology and hygiene, with special reference to the injurious effects of tobacco, alcohol and narcotics on the human system; morals and manners. In the first six grades of the elementary' schools, at least two-thirds of the pupil's time during each w«ek shall be devoted to study and recita- tion of the subjects hereinbefore enumerated, and in the seventh and eighth grades at least twelve and one-half hours of tho pupil's time each week shall be devoted to the study and recitation of such subjects. Subjects for remaining time. Manual training, etc. Second — From the time remaining after the study and ro( itutions of the studies herein- before enumerated, at least twenty minutes of each school day must be devoted by all pupils over the age of eight years to such physical 223 POLITICAL CODE. §§ 1670-1696 training as shall be most conducive to their proper physical development, and iuslructiou must be given in nature study with special reference to agriculture and animal and bird life, music, drawing, elementary book- keeping, humane education. Manual training, household econorxiics, and other vocational subjects may be taught in any elementary school of the state; provided, that in school districts employing six or more elementary school teachers in any one school, whether housed in one or more build- ings, manual training and household economics must be taught. The state board of education may, in its discretion, adopt text-books in any of the subjects listed in this subdivision. [Amendment approved May 18, 1917; Stats. 1917, p. 728.] § 1670. School year. The school year begins on the first day of July and ends on the last day of June. A school month is construed and taken to be twenty days or four weeks of five days each, including legal holidays. [New section added May 18, 1917; Stats. 1917, p. 708.] § 1673. Duration of daily sessions. No pupil other than one pursuing a vocational course must be kept in school more than six hours per day; and no pupil under eight years of age must be kept in school more than four hours per day. Any violation of the provisions of this section must' be treated in the same manner as a violation of the provisions of the preceding section. [Amendment approved May 19, 1917; Stats. 1917, p. 689.] §1696. Duties of teachers. Every teacher in the public school must: File certificate. First — Before assuming charge of a school, file his or her certificate with the superintendent of schools; provided, that when any teacher so employed is the holder of a California state normal school diploma, accompanied by the certificate of the state board of education, as provided in subdivision third of section one thousand five hundred three of the Political Code, an educational or a life diploma of California, upon presentation thereof to the superintendent he shall record the name of said holder in a book provided for that purpose in his office, and the holder of said dii^loma shall thereupon be absolved from the provisions of this subdivision. Notify superintendent of opening and closing day of school. Second — Before taking charge of a school, and one week before closing a term of school, notify the county superintendent of such fact, naming the day of opening or closing. Boards of education and boards of school trustees must in every case give to the teacher a notice of at least two weeks of their intention to close the term of school under their charge. No superintendent shall draw 'any requisition for the last month's salary of any teacher until said teacher has filed vv^ith him the notice required by this subdivision. Enforce course of study. Third — Enforce the course of study, the use of the legally authorized text-books, and the rules and regulations prescribed for schools. Hold pupils to account for conduct. Fourth— Hold pupils to a strict account for their conduct on the way to and from school, on the play- grounds, or during recess; suspend, for good cause, any pupil from the § 1696 POLITICAL CODE. 224 school, and report such suspension to the board of school trustees or city board of education for review. If such action is not sustained by them, the teacher may appeal to the county superintendent whose decision shall be final. Keep register. Fifth — Keej) a state school register, in which shall be left, at the close of the term, a report showing program of recita- tions, classificatiou and grading of all pupils who have attended s"hool at any time during the school year. Tlie superintendent shall in no case draw a requisition in favor of the teacher until the teacher has filed with him a certificate from the clerk of the board of school trustees to the effect that the provisions of this subdivision have been complied with. Make annual report. Sixth — Make an annual report to the county superintendent at the time and in the manner and on the blanks pre- scribed by the superintendent of public instruction. Any teacher who shall end any school term before the close of the school year, shall make a report to the county superintendent immediately after the close of such term; and any teacher who may be teaching any school at the end of the school year shall, in his or her annual report, include all statistics for the entire school year, notwithstanding any previous report for a part of the year. Said teacher shall attach to the annual report a certificate showing the number of children attending said school who reside in other districts within the county, together with the names, residence by district and the average daily attendance of said children. The principal of a school of more than one teacher shall combine the separate certificates from the teachers in the school of which he is prin- cipal and shall make a certificate to the county superintendent showing the facts set forth in the separate certificates of the teachers. On re- ceiving the certificates mentioned above from an}- school district under his jurisdiction, the county superintendent shall deduct the average daily attendance of such children, from the total average daily attend- ance of the district in which they have attended school, and add it to the total average daily attendance of the district or districts in which said children reside; provided, that whenever the consent of the trus- tees of the district in which such children reside is obtained, as provided elsewhere in this code, the attendance shall be counted in the district in which the pu]n]s attend school unless there shall be filed with the county superintendent of schools on or before the first day of June of tht> year in which the attendance is to be counted, a written demand of the trustees of the district in whicli .'^uch children reside for the counting of such attendance in the home district, and then only when such demand is approved by the superintendent of schools. The super- intendent of schools shall in no case draw a requisition for the salary of any teacher for the last month of the school term, until the report required by lliis sul)division has been filcil, ;ni(l by him approved. Make other reports. Hev(Mi(h — ;Mak(' such otlicr icporls as nmv l>e required by the superintendent of |Mi!ilic inst riict kmi, county superin- tendent, l)oard of school trusters, or cily lio.ird of ((iucation. [Auiend- mi'iit Mpjirovcd May .'M, 1!)17; Stats. I'.HV, p. !;;7l). | 225 POLITICAL CODE. §§ 1696b-1728 § 1696b. Order for text-books by teacher. IJpou closing a term of school, eacli teacher or principal shall prepare, upon requisition blanks furnished by the superintendent of public instruction, an order for the number of state text-books estimated to be required for use in the school under his charge at the opening of the ensuing term. Such order shall be a part of the annual report required by subdivision six of section one thousand six hundred ninety-six of the Political Code. The super- intendent of schools shall in no case draw a requisition for the salary of any teacher for the last month of the school term until the order required by this section has been filed and by him approved. Orders for additional books may be forwarded at any time on the ap]iroval of the county superintendent of schools. In ordering free text-books, any teacher may order one copy of any series of books for use on the teacher's desk, if not supplied with such book, which copy shall be sent by the superintendent of public instruc- tion free of cost with other school books. [New section added May 18, 1917; Stats. 1917, p. 707.] §1697. School month defined. [Repealed Mav ]8. 1917; Stats. 1917, p. 708.] § 1720. Designation of secondary schools. The secondary schools of the state shall be designated as high schools, technical schools, and junior colleges. High schools may be established and high school districts formed and organized in accordance with the provisions of this article. Whenever any high school district is so formed and organized the gov- erning body thereof shall establish and maintain one or more liigh schools, technical schools, or junior colleges therein. | Amendment ap- proved May li, 1917; Stats. 1917, p. 463.] §1723. Jurisdiction over high school districts. [Repealed May 18, 1917; Stats. 1917, p. 713.] § 1728. Formation of joint union high school districts. Whenever a majority of the registered electors, residing in each of two or more con- tiguous school districts, having in the aggregate at least one hundred pupils in average daily attendance in the elementary schools of such districts, shall unite in a petition to the superintendent of schools of the county who would have jurisdiction over the joint high school district proposed to be formed, which petition shall pray for the for- mation of a joint union high school district, under a name specified therein, such superintendent shall, within twenty days after receipt of such petition, verify the signatures thereto, and, if he finds it sufficient, the same proceedings shall be had on such petition, as are directed in section one thousand seven hundred twenty-seven, except that the county superintendent of schools shall file his certificate of the result of the election with the county clerk of each county in which any part of the joint union high school district is situated. Tf it appears from such certificate that a majority of the votes east at such election were cast in favor of the formation of such district, such, joint union high school district shall be deemed to be formed from the time of the fil- ing thereof. The county clerk shall record the certificate in full in his 15 § 1743 POLITICAL CODE. 226 record of high school districts. [Anieudnient aiiproved May 18, 1917; Stats. 1917, p. 712.] § 1743. High school principal may act in elementary school. Annual report of uumter of pupils, etc. Annual report on textbooks, etc. Salary withheld until report filed. Nothing iu this article shall be construed so as to prevent the principal of any high school from acting as principal of the elementary school of the school district in which the high school is located, or as supervising principal of one or more elementary school districts included in the high school district, if so desired by the trustees of said school district or districts and the high school board; provided, that no high school principal shall supervise the elementary schools of any district except the district in which the high school building is located without the approval of the county super- intendent of schools. The principal of every high school shall annually, at the elosa of the term and prior to receiving his last moutli's salary and as a prerequsite for such salary, make out under oath and deliver to the superintendent of schools of each county in which any part of his high school district is situated, a full and complete report of said high school for the entire term or school year. Such report shall show the total number of pupils enrolled during the year, the average daily attendance, the number of teachers regularly employed, the total number of new pupils enrolled during the year, the names of all pupils residing in elementary school districts not embraced in any high school district, and attending such high school, such names being segregated according to thj districts in which such pupils reside, and such other information as may be re- quired by the superiutendent of public instruction or the county super- intendent of schools. The said report shall be made upon blanks furnished by said super- intendent of public instruction, as other school report blanks are fur- nished, and in the case of a joint union high school district the statis- tics of attendance and other data for each county separately shall be given ill said rej^ort. The jiriucipal of every high scliool, siiall, annually, during the month of October, make out under oath and deliver to the state board of edu- cation, and to the county superintendent of schools, a full and com- plete report of text-books then in use in sudi high school, the courses of study offered, the requirements for graduation, the names of teachers employed, the subject taught by each teacher, the grade of certificate held by each, and the salary paid to each, and such other information as may be required by the state board of education. if .such report is not filed with the state board of education, on or before October thirty-first, the state board of education sliall notify the county RUf)erinlendent of scliools liaving jurisdiction oi' (lie liigh scliool failing to report, jukI il sliali tlu'r('U|ioii be tlie duty of sucli county Huperintcndent of sdnuds td withhold the salary of tiie prin- cipal of such high scliool until lie lias licii; imliliMl by the state board of cdiicaf ion that siicli |-c|i()rl has been (ilcd as ici(ii i red by this section. I AirMinlinciit ai.|W()\cd May 29, 1917; Slats. 1917, p. i;!'J7.| 227 POLITICAL CODE. §§ 1743a-1750b § 1743a. Report of high school principal. Salary withheld if re- port not filed. I Ki'iiealcd May 2\), lillT; Slats. 11)17, j). 1;;l'7. | § 1750a. Intermediate school courses. Election. Ballots. Daily at- tendance. Lapsing of course. Estimated expenses. The yiigh school l>()ai(l of any high school district or the trusteos of any county high school, may proscribe intermediate school courses, and admit thereto pniiils who have completed the sixth year of the elementary school; pro- vided, that no intermediate school course shall be prescribed in any county, union or joint union high school district, unless a majority of the trustees of the elementary school districts comprising such high school district shall approve the organization of such course in writing, and shall file a statement of such approval with the high school board, or unless, at an election called for that purpose in the same manner as the election for the formation of the high school district, a majority of the qualified electors voting thereat shall vote in 'favor of such inter- mediate school course. The ballots used at such election shall contain the words "Intermediate school course — -Yes" and "Intermediate school course — No." The result of said election shall be determined and cer- tified to the superintendent of schools as provided in case of the election for the formation of the district. The first two years of such inter- mediate school course shall include instruction in the school studies generally taught in the seventh and eighth grades of the elementary school, and may include such other studies, including secondary, voca- tional and industrial subjects, as said high school board may prescribe. The average daily attendance of all pupils from each district, enrolled in the first two years of such intermediate school course, shall be kept separate and shall be credited to the common school district in which the various pupils reside; provided, that when any intermediate school course is first established under the provisions of this section, the course of study therefor shall be adopted between the first day of July and the date of the opening of school for the current school year. Whenever the average daily attendance of pirpils enrolled in the first two years of the intermediate school course of a district is less than twenty-five for any school year, such intermediate school course shall be deemed to have lapsed. The high school board of any high school district maintaining an in- termediate school course, may include in the annual estimate of expenses of such high school district filed with the county superintendent of schools in accordance with the provisions of this code, the estimated expenses for maintaining such intermediate school course. [Amendment approved May 29, 1917; Stats. 1917, p. 1328.] § 1750b. Junior college courses. Eegulations. Reciuirements for graduation. Courses of study. Attendance included in average daily attendance of district. Included in estimate for apportioning fund. Ap- proval of courses by state board of education. The high school board of anv high school district having an assessed valuation of three million dol- lars or more, may prescribe junior college courses of study, including not more than two years of work, and admit thereto the graduates of such high school„the graduates of other high schools and such other candidates for admission who are at least twenty-one years of age, and are recom- § 1750c POLITICAL CODE. 228 mended for admissiou by the principal of the high school maintaining such junior college courses. Junior college courses of study may include such studies as are required for the junior certificate at the University of California, and such other courses of training in the mechanical and industrial arts, household economy, agriculture, civic education and com- merce as the high school board may deem it advisable to establish. The high school board shall adopt regulations governing the organiza- tion of such courses of study and shall prescribe requirements for gradu- ation from such courses; provided, that the minimum requirement for graduation from junior college courses of study shall be at least sixty credit-hours of work. A credit-hour is hereby defined as approximately three hours of recitation, study and laboratory work per week carried through one-half year. Courses of study organized under the provisions of this section may be offered in any or all day and evening high schools of the district, or in a separate junior college, as the high school board may determine. The attendance of students enrolled in junior college courses of study shall be kept according to regulations prescribed by the state board of education, and the average daily attendance of such students shall be included in the annual report of the average daily attendance of the high school district required in section one thousand seven hundred forty-three of the Political Code. The superintendent of schools of each county, in making the annual estimate of county high school fund re- quired, shall include in the basis of such estimate the average daily attendance of all students enrolled in junior college courses during the preceding school year. In apportioning the county high school fund, the superintendent of schools of the county shall count the average daily attendance of all students enrolled in junior college courses as a part of the average daily attendance of each high school district in which such students are enrolled. The state controller, in making the annual estimate of the amount necessary for the support of high schools, as required in section one thousand seven hundred sixty of the Political Code, shall include in the basis of his estimate, the average daily attendance of all students en- rolled in junior college courses, and the superintendent of public instruc- tion, in apportioning the state high school fund, shall count the average daily attendance of students enrolled in junior college courses as a part of the average daily attendance of each high school district in which such students are enrolled. All courses of study prescribed in accordance with this section shall be subject to approval by the state board of education, and no state high school funds shall be apportioned to any high school district on account of the attendance of students enrolled in junior college courses, unless such courses have been approved by the state board of education. [New sec- tion added May 14, 1917; Stats. 1917, p. 464.] § 1750c. Special day and evening classes. Vocational courses. Trans- portation for teachers of agriculture. The high school board of any high school district subject to the provisions of section one thousand seven hundred fifty of this code, shall have power to establish and maintain, in connection with any day high school under its^jurisdiction, special day and evening classes for the purpose of giving instruction in 229 POLITICAL CODE. § 1771 any of the branches of study that may be taught in a high school. These classes may be convened at such hours and for such length of time dur- ing the school day or evening, and at such period and for such length of time during the school year as may be determined by said governing authority; and the enrollment of and attendance upon such classes shall be kept separately and the units of average daily attendance shall be determined as provided in section one thousand eight hundred fifty-eight of this code, and shall be added to the high school attendance of the district. The high school board of any high school district subject to the provi- sions of section one thousand seven hundred fifty of this code shall have power to establish and maintain, in connection with any high school under its jurisdiction, part-time vocational courses in agricultural, com- mercial, industrial, trade or other vocational subjects. The enrollment of and attendance upon such courses shall be kept separately and the units of average daily attendance, determined as provided in section one thousand eight hundred fifty-eight of this code, shall be added to the high school attendance of the district; provided, that each pupil of a class pursuing such a part-time course in agriculture shall devote, under the direct supervision .of a teacher holding a special certificate in agri- culture or a vocational certificate in agriculture, at least three hours daily or an equivalent amount of time to farm mechanics and to farm project work conducted by him on a commercially productive basis, and at least three hours daily' or an equivalent amount of time to academic work in school or in class, a part of which shall supplement the prac- tical work; and provided, further, that each pupil of a class pursuing a part-time course in commerce, industry, trade, or other vocational sub- ject shall devote, under the direct supervision of a competent teacher holding a vocational certificate in the special subject, at least three hours daily or an equivalent amount of time to educative practical work under employment and at least three hours daily or an equivalent amount of time in school or class to academic work, a part of which shall sup- plement the practical work. The high school board of any high school district maintaining a part-time agricultural course as provided above may, at its option and in such manner as it may deem advisable, furnish the necessary transportation for teachers of agriculture engaged in super- vising the project work of the pupils and may pay any expense so incurred from the county or district high school funds of the district. [Amendment approved May 31, 1917; Stats. 1917, p. 1382.] § 1771. Powers of county boards of education. County boards of edu- cation have power: 1. Bules and regulations. To adopt rules and regulations, not incon- sistent with the laws of this state, for their own government. 2. Examination of applicants for certificate. To prescribe and enforce rules for the examination of teachers, to examine applicants for ele- mentary school certificates and to establish a standard of proficiency which will entitle the person examined to a certificate. 3. Grant certificates. To grant, in accordance with sections one thou- sand seven hundred seventy-two and one thousand seven hundred § 1771 POLITICAL CODE. 230 seventy-five of this code, the following certificates, renewable at the option of the board: (a) Secondary school, Seeondarj- school certificates, authorizing the holders to teach in any secondary or elementary school in the county. (b) Elementary schooL Elementary school certificates authorizing the holders to teach in any elementary school of the county, and in the first two years of any intermediate school course established as pro- vided in section one thousand seven hundred fifty a of the Political Code; provided, that holders of elementary school certificates who have completed two years of work in a college, or one year of work in a college in addition to a normal school course, under regulations pre- scribed by the state board of education, ma}' teach in the third year of any intermediate school course. (c) Kindergarten-primary. Kindergarten-primary certificates, author- izing the holders to teach in any kindergarten class in the county. (d) Special certificate. Special certificates, authorizing the holders to teach in the schools of the county such branch or branches of learning and in such grades as are named in such certificates. No special certif- icate shall be granted except for the oral teaching of the deaf or for the teaching of atypical children or for the teaching of special classes in citizenship, or for teaching a subject included under the manual and fine arts, oral and dramatic expression, library craft, technique and use, music, physical education, agriculture, commercial branches, commercial Spanish, vocational guidance and technical, household and industrial arts, and other vocational arts, not herein specified. 4. Grant permanent certificates. To grant, in accordance with the provisions of this code, permanent certificates of the grade and kind designated therein. Every certificate except a permanent certificate shall be valid for six j^ears; provided, that when any certificate shall be granted on a recommend-ation or credential given for a limited period onl}', such certificate shall not be valid for a longer period than that specified in such recommendation or credential; and provided, further, that any certificate granted to a candidate who has not had at least one year of experience in teaching shall not be valid for a longer period than two years. All certificates must be issued upon blank forms pre- jiared by the superintendent of public instruction, and must havQ the impress of the seal of the county board of edueaBon and be signed by a majority of the members of the county board of education issuing such certificate; and it is further provided, that the holder of ^ny certificate issued for a limited period as hereinabove provided, may, upon applica- tion to the county board of education issuing the same, have said cer- tificate renewed for a period of six years from the date of its expiration, provided that the holder of such limited certificate has completed one year of successful public school teaching and shall file application for such renewal with Iho county board of education prior to the date of expiration of such limited certificate. .". Adopt list of books. To adopt a list of books and ajiparatus for district sdiool libraries and books for supplementary use in elementary schools iu their resj)cctive counties and cities and counties, as recpiired 231 POLITICAL CODE. § 1775 by section one thousand seven hiindieil twelve of the Political Code; jirovided, that no pupil shall be required to purchase said supplementary books, and pupils must be expressly notified by teachers that it is not required or desirable that such books for supplementary use be purchased by pupils or parents. When supplementary books are purchased, they must be paid for by the school district. Except in cities having a city board of education, to prescribe and enforce in the puT)lic schools a course of study and the use of a uniform series of text-books. 6. Revoke or suspend certificates. To revoke or suspend, for immoral or unprofessional conduct, evident unfitness for teaching, or persistent defiance of, and refusal to obey the laws regulating the duties of teachers, the certificates granted by them. But no certificate shall be revoked or suspended until after a hearing before the county board of education, and then only upon the affirmative vote of at least four members of the board. All charges of immoral or unprofessional con- , duct, of evident unfitness for teaching, or persistent defiance of, and refusal to obey the laws regulating the duties of teachers, shall be pre- sented to the board in writing and shall be verified under oath. Notice of the time of hearing and a full and complete copy of the charges shall be furnished to the accused at least ten daj's before the hearing. The accused shall be given a fair and impartial heaiing and shall have the right to be represented by counsel. The hearing shall be governed by, and conducted under, the rules of the board. 7. Record of proceedings. To keep a record of their proceedings. 8. Issue diplomas. To provide for the conferring of diplomas of gradu- ation, by examination by the county board of education, and to issue such diplomas of graduation from the elementary schools of the county except city schools governed by city boards of education; provided, that nothing herein shall be construed as prohibiting the county board of edu- cation from issuing diplomas of graduation without examination to the pupils in any school which has been accredited by the said county board of education. Such diplomas shall be conferred only upon such pupils as have completed the course of study prescribed by the board. All diplomas granted by the county board of education shall be on blanks furnished by the superintendent of public instruction and shall be signed by the president and secretary of the board. 9. Seal. To adopt and use in authentication of their acts, an official seal, and to have such piiuting done as may be necessary. 10. Prescribe course of study. To prescribe and it shall be their duty to prescribe, on or before the first day of July of each year, the course of study in and for each grade of the elementary schools of the county for the ensuing school year; provided, that such course of study shall not apply to elementary schools in cities governed by city boards of education. Whenever necessary the board may amend and change the course of study, subject to sections one thousand six hundred sixty-five of this code. [Amendment approved May 29, 1917; Stats. 1917, p. 1315.] § 1775. Certificates without examination. 1. County boards of educa- tion may, without examination grant certificates as follows: § 1775 POLITICAL CODE. 232 (a) High school. High school certificates: (1) To the holders of high school credentials approved by the state board of education in accord- ance with the provisions of this code; (2) to the holders of special cre- dentials issued by said state board in accordance with the provisions of this code; (3) to holders of high school certiticatfis issued by any county or city and county board of education in this state. (b) Elementary school. Elementary school certificates: To holders of the following credentials: (1) Life diplomas or certificates of any state; provided, the state board of education in this state shall have decided that said diplomas or certificates represent experience and scholarship equivalent to the recpiirements for the elementary life diploma in Cali- tornia; (2) California state normal school diplomas, San Francisco city normal school diplomas heretofore granted, and other normal school diplomas; provided, that the state board of education of this state shall have recommended the normal school issuing said diploma as being of equal rank with the state normal schools of California; (3) elementary school teachers" certificates of any county, or city and county of Califor- nia; provided, that the holder thereof has had eight months of successful teaching experience; (-4) diplomas of graduation with the bachelor's degree based upon a four-year course, granted bj' the University of Cali- fornia or any other university accredited by the state board of education for high school certification; provided, that the holder thereof has suc- cessfully completed ten months of experience in teaching, or twelve units of pedagogy according to regulations prescribed by the state board of education; (5) temporary two-year certificates heretofore granted by county, or city and county superintendents of schools in accordance with law. (c) Kindergarten-primary. Kindergarten-primary certificates: (1) to the holders of kindergarten-primary certificates of any county, or city ami county of California; (2) to the holders of diplomas of graduation truMi the kindergarten department of any state normal school in the state; (8) to the holders of credentials sliowing that the applicant has had professional kindergarten training in an institution approved by the state board of education, and also a general education equivalent to the lequirements for graduation from the kindergarten department of ;i ( ';i li toi Ilia state iioi'iiial school. (il) Special. Special certificates: (1) To the holders of credentials a|)[iro\cil Ijv the state board of education, in accordance with the pro- \isioiis (if this code; (2) to the holders of special credentials issued by tlie state lio;ii(l of education, in accordance with the (provisions of this code. 2. Elementary certificates to primary grade certificate holders. Ele- mentary school certificates may be granted to the holders of primary grade certificates who shall pass satisfactory examinations in such liranchos as do not :ip|pe;ir en tlieii- certificates, or in the record of the examination u|:on which the oiiginal certificate was granted. .'{. Certificates now valid continue in force. .Ml certificates and di- liloirias now valid in ( a li I'oriiia sliall cnntinne in foi'ce and cfTect for the full teiMi tor wliicli they were gr.-inted. County hoards of education may renew ati\ certificate issued liy them |iiioi' to the adojition of this law. 233 POLITICAL CODE. § 1838 ami now in force, and may renew certificates granted by authority of law. Except as otherwise provided, renewed certificates sliall be valid for a period of six years. 4. Permanent certificate after five years' teaching. When the liolder of any certificate or state diploma shall liave taught successfully in the same county, or city and count/', for five years, the board of education of such county, or city and county, may grant a permanent certificate of the kind and grade which said applicant holds, valid in the county, or city and county, in which issued, during the life of the holder, or until revoked for any of the causes designated in subdivision six of section one thousand seven hundred seventy-one of this code; provided, that such permanent certificate shall in no case be of a higher grade than the grade of the certificate or state di2)loma on which the teaching has been done; and for a permanent high school certificate twenty months of said teaching shall have consisted of regular high school work; and pro- vided, further, that a certificate when renewed the second time, or any time thereafter, sliall become, by such renewal, a jiermanent certificate, if the holder of said certificate shall have complied with all the conditions of this subdivision. 5. Holders of existing certificates. No teacher shall be employed to teach in any way in any school if the certificate held by the teacher is of a grade below that of the school or class to be taught, nor shall a teacher holding a special certificate be employed to teach any subject not author- ized in such certificate; provided, that the holders of existing primary certificates, or of the same when hereafter renewed or made permanent shall be eligible to teach in any of the grades of the day or evening elementary schools below the sixth year, and not including the kinder- garten grades; and in any day or evening elementary school of the county, or city and county, which the county or city and county superin- tendent shall designate as a primary school; and provided, further, that the holder of any valid special certificate for kindergarten work, or of any kindergarten-primarj' certificate, who has had at least one year of training in a state normal school in California, or other normal school accredited by the state board of education, or one year of teaching in an elementary' school shall be entitled to teach in the first grade of the" elementary school. 6. High school librarian. No librarian sliall be employed for more than two hours a day in any high school, unless such librarian holds a high school certificate or a special teachers' certificate in library craft technique and use, of secondary grade, granted in accordance with the provisions of this code. Such librarians shall rank as teachers, and shall be subject to the burdens and entitled to the benfits of the public school teachers retirement salary fund law on the same basis as other teachers. [Amendment approved May 29, 1917; Stats. 1917, p. 1317.] § 1838. Estimate of amount needed for building purposes. Levy of tax. Building fund. Maximum rate. The board of school trustees or the board of education of any school district or of any city, or city and count}', may, at least fifteen days before the first day of the month in which the board of supervisors is required by law to levy the taxes re- § 1858 POLITICAL CODE. 234 quired for county purposes, submit to the county superintendent of schools an estimate of any amount of money in excess of the amounts on hand and available for building purposes, which will be required for purchasing school lots, for building or purchasing one or more school buildings or making alterations or additions to any school building or bu Idings, for repairing, restoring or rebuilding any school building damaged, injured, or destroyed by fire, or other public calamity, for insuring school buildings, for supplying school buildings with furniture or necessary apparatus or for improving school grounds, in their several districts for the ensuing school year, or for liquidating any indebtedness incurred for said purposes or any of tliem during the preceding school year. Ihe county superintendent of schools shall thereupon examine said estimates, and submit copies of the same with his approval or disap- proval endorsed thereon, to the board of supervisors and to the county auditor at the time he submits to them his estimate for the county school tax for the ensuing school year. If the county superintendent of schools approve such estimate, the said board of supervisors may, at the time and in the manner of levj^ing other taxes, levy and cause to be collected in the several school districts for which estimates have been submitted and approved as herein jirovided, the excess amounts so submitted and approved. The funds so levied and collected shall be known as the building fund of school district (as the case may be), and shall be available for any or all 'of the purposes hereinbefore enumerated, and the moneys drawn from such fund shall be paid out in the same manner as are moneys from the building funds of school districts; provided, that the maximum rate of taxation which may be levied under this sec- tion shall not exceed fifteen cents on the one hundred dollars; provided, this section shall not be so construed as to repeal sections one thousand eight hundred thirty and one thousand eight hundred thirty-seven, in- clusive, and one thousand eight hundred forty of the Political Code, or any part or parts thereof and any tax levied under the provisions of this section shall be in addition to any tax for maintenance levied under the provisions of section one thousand eight hundred forty of the Political •Code. I New section added June 1, 1917; Stats. 1917, p. 1560.] § 1858. Apportionment of school moneys for elementary grades. The school superintendent of every county and city and county must appor- tion all state and county school moneys for the elementary grades of his county or city and county as follows: Ascertaining number of teachers for school districts. First — He must ;i,si-i'it;iiii tlu^ numl)er of teachers each school district is entitled to by calculating one teacher for every district having thirty-five or a less number of units of average daily attendance and one additional teacher for each additional thirty-five units of average daily attendance, or frac- tion of tliirty-five not less than ten units of average daily attendance as shown by the annual school report of the school district for the next preceding school year; and two additional teachers shall be allowed to each district for every seven hundred units of average daily attendance; and in districts wherein separate classes are established for the instruc- tion of the deaf, as providtMl in j^.clion one thousand six hundred eight- 235 POLITICAL CODE. § 1858 tccn of this code, an additional teacher for each nine deaf children, or fractioji of such number, not less than five, actnally attending such classes. Ascertaining number of teachers for cities or cities and counties. Second — He must ascertain the total number of teachers for the county or city and county by adding together the number of teachers allowed to the several districts. He must make an annual report of the schools of his county or city and county under oath to the superintendent of public instruction not later than August first of each year, and must report the number of teachers ascertained and allowed to his county or fity and county by the rule or provisions of subdivision one hereof. Allowance for each teacher. Third — Five hundred fifty dollars shall !)(' apj)ortioneil to every school districtfor every teacher so allowed to it; jirovided, that to districts having over thirty-five or a multiple of thirty- live units of average daily attendance and a fraction of less than ten units of average daily attendance, forty dollars shall be apportioned for each unit of average daily attendance in said fraction. Remainder apportioned by daily attendance. Fourth — All school moneys remaining on hand, after apportioning to the school districts the moneys provided for in subdivision three of this section, must be apportioned to the several districts in proportion to the average daily attendance in each district during the next preceding school year. In any newly organized school district where school was not maintained during the school year in which it was organized the county superin; teudent shall apportion seven hundred dollars to the newly organized school district for the purpose of maintaining school therein during the school year next succeeding the school year in Avhich it was organized. Minimum full day's attendance. Fifth — A minimum full day's attend- ance on the regular full-time elementary day school as hereby estab- lished, is, for a pupil of the first, second, or third grade, two hundred minutes, and for a pupil of the fourth, fifth, sixth, seventh, or eighth grade, two hundred forty minutes, of actual attendance for any given day upon school sessions, exclusive of intermissions. When a pupil is absent from the first, second, or third grade of a regular full-time day school, for any day, session, or part of a session, five per cent of a day's absence must be recorded for each full teu-minutc period of absence; and when a pupil is absent from any other grade of said elementary school for any day, session or part of a session, five per cent of a day's absence must be recorded for each full twelve-minute period of absence; provided, however, that such record may not for any one day exceed one hundred per cent. The actual attendance of a pupil upon a regular full-time day school for any given length of time shall be the number of days school was actually taught during such time less the sum of his absences. The actual time in minutes that pupils are in attendance upon evening schools and the special day and special evening classes of day schools of elementary and secondary grade shall be kept. A full day's attendance upon such schools or classes shall be four sixty-minute hours. Units of average daily attendance in elementary schools shall be construed to be the quotient arising from dividing the total number of days of pupils' attendance in the regular full-time day and evening § 1858 POLITICAL CODE. 236 elementary schools including the special day and evening classes of the elementary schools of the district for the school year by the number of days school was actually taught in the regular elementary day schools of the district during said year; and units of average daily attendance in secondary schools shall be construed to be the quotient arising from dividing the total number of days of pupils' attendance in the regular full-time secondary schools, the evening secondary schools, the special day and evening classes of secondary schools, and the part-time voca- tional courses of the district for the school year by the number of days school was actually taught in the regular secondary day schools of the district during said year. Uniform regulations governing keeping attendance. Sixth — Subject to the provisions of this code, the state board of education shall adopt uni- form regulations governing the keeping of attendance in all secondary schools. In adopting regulations governing the keeping of the attendance of pupils upon the part-time vocational courses provided for in section one thousand seven hundred fifty c of this code, the state board may, in its discretion, provide that the time spent by a pupil in practical vocational work shall be counted in making up each six-hour minimum daily unit of attendance. When school closed because of contagious disease, etc. Seventh — Where a school in a district maintaining more than one school is closed for a part of a term by order of a city or county board of health or of .the state board of health, on account of contagious disease, or where such school has been closed on account of fire, flood or other public dis- aster, the average daily attendance of said school shall be estimated separately and added to the average daily attendance of the other schools of the district. The units of average daily attendance of said school shall be determined by dividing the total number of days of pupils' attendance upon such school including the special day and eve- ning classes and the part-time vocational courses by the number of full- day sessions actually maintained in such school during the year; pro- vided, that where such number is less than one hundred twenty days the divisor shall be one hundred twenty. When districts do not have sufacient funds. Eighth. — Whenever in any school year, prior to the receipt by the school districts of any county, or city and county of this state, of their state, county, or city and county, or special or high school fund, the school districts of that county, or city and county shall not have sufficient money to their credit to pay the lawful demands against them, the county or city and county superintendent shall give the treasurer of said county or city and county, an estimate of the amount of school money that will next be paid into tlio county or city and county treasury, stating the amount to be appor- tioned to each district. Upon the receipt of such estimate it shall be the duty of the treasurer of said county, or city and county, to transfer from any fund not immediately needed to pay the claims against it, to the proi)er school fund an amount not to exceed ninety per cent of the Minriunt estimated by the sufterintciident, and he shall immediately notify the superintendent of the amount so transferred. The funds so trans- ferred to the school fund shall be retransferred by the treasurer to the 237 POLITICAL CODE. §§ 1878-1918 fund from which they were taken, from the first money paid into the school fund after the transfer. [Amendment approved May 31, 1917; Stats. 1917, p. 1385.] § 1878. School year, commencement and end. [Eepealed May 18, 1917; Stats. 1917, p. 708.] § 1891. School districts in different counties. When any school dis- trict is situated partly in two or more counties, all returns, reports, cer- tificates, estimates, petitions and other papers of any kind required to be filed with or presented to the board of supervisors by any provision of this code relating to schools and school districts shall be filed with or presented to the supervisors of every county in which any portion of said district may be situated, and all action required to be taken by the board of supervisors regarding any such matters shall be taken by the concurrent action of the respective boards of supervisors of every county in which any portion of said district may be situated. The assessor of each of such counties shall annually certify to the board of supervisors of each of the counties in which any portion of such school district is situated the assessed value of all taxable property in such county situated in such school district as ajipears from the last assess- ment roll of his county, such certificate to be made in the same manner and at the same time as is required for school districts located wholly within the boundaries of one county. The board of supervisors of each county shall thereupon determine the rate of taxation necessary to be levied upon the property in said district situated in the county, such rate to be sufficient to meet the proportion of taxes necessary to be raised in the county for the purpose of paying the principal and inter- est of the bonds of the district and all other expenses of the district as shown by the estimate of the county superintendent of schools having jurisdiction over such district. Such taxes shall be assessed, levied and collected in the same manner and at the same time as county taxes are assessed, levied and collected, and the moneys so received shall, on de- mand of the board of trustees of any such school district, be deposited in the county treasury of the county whose superintendent of schools has jurisdiction over such school district, and said county treasury is hereby declared to be the legal depositary of such school district. The moneys so deposited shall be placed in the school fund of such school district to be expended in the same manner as moneys of other school districts are expended. [Amendment approved May 18, 1917, Stats. 1917, p. 711.] § 1918. Articles of war of United States army adopted. The articles of war governing the United States army so far as such articles are not inconsistent with the rights reserved to the state of California and guar- anteed under the constitution of the state of California, are hereby adopted for the government of the national guard of this state. No punishment under such articles of war which shall extend to the taking of life shall in any case be inflicted except in time of actual war, inva- sion, or insurrection, declared by proclamation of the governor to exist Rnd then only after the approval by the governor of such punishment. §§ 1919-1925 POLITICAL CODE. 238 Imprisonnient other than in the guardhouse shall be executed in jails or :u prisons designated by the governor for that purpose. [Amendment approved May 10, 1917; Stats. 1917, p. .'503.] § 1919. Application of United States laws, rules and regulations. All ai-ts of congress and all rules and regulations for the government of the United States army so far as the same arc not inconsistent with the rights reserved to the state of California and guaranteed under the con- stitution of the state of California, constitute the rules and regulations for the government of the national guard. [Amendment approved May 1(1, 1917j Stats. 1917, p. 303.] § 1924. Bond of adjutant-general. The adjutant-general must exe- cute an official bond in the sum of ten thousand dollars, and the assist- ant adjutant-general must execute an ofJficial bond in the sum of two thousand dollars. [Amendment approved May 10, 1917j Stats. 1917, p. 303.] § 1925. Staff departments of national guard. Duty of commander-in- chief concerning organization. The national guard of California shall consist of the following staff departments, to wit: An adjutant-general's department, an inspector-general's department, a judge advocate- general's department, a quartermaster corps, a medical department, a corps of engineers, an ordnance department, a signal corps, an aviation corps, and such other staff departments as may be prescribed and authorized by the national defense act of June 3, 1916,- and the various amendments thereto; it shall also consist of the commis- sioned officers who shall hereafter be placed in the national guard re- serve; it shall also consist of all organizations now forming the national guard of this state under the terms of the said national defense act of June 3, 1916, and the amendments thereto; and shall include the naval militia of this state; it shall also consist of such other organizations as may be required by the national defense act of June 3, 1916, and the amendments thereto. The commander-in-chief shall have the power, and it shall be his duty to change the organization of the national guard of this state so as to conform to any organization, system of drill or instruction now or hereafter prescribed by the laws and regulations of the United States for the organization and government of the national guard, and for that purpose the number of officers and noncommissioned odicers of any grade may be increased or diminished or the grades may Ite altered or created whenever necessary lo procure such uiiiforuiity. I Amendment approved May 10, 1917; Stats. 1917, p. 303. | Another section 1925 was adojjteil at 1 h(> same session ol' the Icgisla- fure, as follows: § 1925. National guard organization under national defense act of June 3, 1916. Tlie national guard of California shall consist of the fol- lowing staff departments, to wif: An adjutant-general's department, an iiispeclor-gonerars departmeni, a judge advocate-general's department, a (juartcrmaster corps, a medical department, a corps of engineers, an ordnance dejiartment, a signal corps, an aviation corps, and such other slalT di'|i:ir(Mii'iits as may be prescribed and authorized by the national 239 poLiTicAi. CODE. §§ li)2(), 1927 defense act of June 3, 191G, and the various anieiubnents thereto; it shall also consist of the commissioned officers who shall hereafter be placed in the national guard reserve; it shall also consist of all organiza- tions now forming the national guard of this state under the terms of the said national defense act of June 3, 191G, and the amendments thereto; and shall include the naval militia of this state; it shall also consist of such other organizations as are now formed under or as may be required by the national defense act of June 3, 1916, and the amendments thereto. The commander-in-chief shall have the power, and it shall be his duty to change the organization of the national guard of this state so as to, conform to any organization, system of drill or in- struction now or hereafter prescribed by the laws and regulations of the United States for the organization and government of the national guard, and for that purpose the number of officers and noncommissioned olificers of any grade may be increased or diminished or the grades may be altered or created whenever necessary to procure such uniformity. [Amendment approved March 2, 1917; Stats. 1917, p. 10.] § 2. Urgency measure. Inasmuch as the present unsettled and threatening condition of international relations makes it essential that the state shall have at its disposal at the earliest possible moment every military organization within its borders, the amendments to section one thousand nine hundred twenty-five of the Political Code hereby made are declared to be necessary for the immediate preservation of the public peace and safety and this act is declared to be an urgency measure within the meaning of section one of article four of the constitution. Another section 1925 was adopted at the same session of the legis- lature. See prior section. § 1926. Rules and regulations not inconsistent with those of United States. The eomnmnder-in-ehief shall make such rules and regulations for the government, administration and control of the departments, cordis and organizations of the national guard not inconsistent with the laws, regulations and customs of the service of the United States army or navy, and the laws of this state, as he may deem necessary to render the departments, corps and organizations efficient. [Amendment ap- proved May 10, 1917; Stats. 1917, p. 304.] § 1927. Adjutant-general's department. Appointment. Qualifications. Clerical force. The adjutant-general's department shall consist of one brigadier-general, and one lieutenant-colonel, both of whom shall be either commissioned in the adjutant-general's department or detailed from officers of other arms of the service or in the national guard re- serve and such other officers as may be prescribed by the national de- fense act of June 3, 1916, and the various amendments thereto. The brigadier-general shall be chief of the department and his designation shall be the adjutant-general, state of' California; the lieutenant-colonel shall be designated the assistant adjittant-general, state of California. The adjutant-general will be appointed by and hold office at the pleasure of the governor or until his successor is appointed and qualifies. The assistant adjutant-general will be appointed by the governor, taking into consideration the recommendation of the adjutant-general, and shall §§ 1928a, 1928b political code. 240 hold office at the pleasure of the governor, or until his successor is ap- pointed and qualifies; provided, that the qualifications for the appoint- ment to the grades of brigadier-general and lieutenant-colonel in the adjutant-general's department shall be the same as prescribed in section one thousand nine hundred thirty-four of this code for a general officer. The- officer appointed the assistant adjutant-general shall be on duty in the adjutant-general's office. All officers in the adjutant-general's de- partment shall be appointed by the governor, taking into consideration the recommendation of the adjutant-general, and, with the exception of the adjutant-general and the assistant adjutant-general, shall hold their positions until they shall have reached the age of sixt^-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that pur- pose; provided, that the officers of the adjutant-general's department that are to be assigned to brigades shall be appointed as provided for other staif officers in section one thousand nine hundred fifty-seven of this code. All officers appointed to the grade of major in the adjutant- general's department shall have served not less than two years as com- missioned officers in the national guard of California. There shall be employed in the adjutant-general's office the following clerical force: one chief clerk; three clerks; and one stenographer and clerk. There shall also be employed in the adjutant-general's office one military store- keeper, and one assistant military storekeeper and porter. [Amend- ment approved May 10, 1917; Stats. 1917, p. 304.] § 1928a. Inspector-general's department. The inspector-general's de- partment shall consist of such officers of the grades and numbers as may be prescribed by the commander-in-chief and the same shall be of the grades and numbers as are authorized and prescribed by the laws and regulations of the war department for the corresponding department of the United States army and as are authorized and prescribed by said laws and regulations of the war department for the national guard. The duties of the oflScers of the inspector-general's department shall be such as prescribed by the commander-in-chief and shall conform to the duties prescribed by orders and regulations of the war department for like officers of the United States army. [Amendment approved May 10, 1917; Stats. 1917, p. 305.] § 1928b. Judge advocate-general's department. The judge advocate- general's department shall consist of such officers of the grades and num- bers as may be prescribed by the commander-in-chief and the same shall be of the grades and number as are authorized and prescribed by the Imws and regulations of the war department for the corresponding de- jiartment of the United States army, and as are authorized and pre- scribed by said laws and regulations of the war department for the national guard. The duties of the officers of the judge advocate-general's department shall ho as are prescribed by the commander-in-chief, and sliail conform to the duties prescribed by the orders and regulations of tlie war department for like officers of the United States army. [Amend- iiK'iit api>roved Mny U), 1917; Stats. 1917, p. 305.] 241 POLITICAL CODE. §§ 1928d-1930 § 1928d. Quartermaster corps. The quartermaster corps shall consist of a quartermaster-general (who shall be adjutant-general), and of such officers, enlisted men aud civilian employees as arc deemed necessary by the commander-in-chief in organizing said corps under the provisions of section one thousand nine hundred twenty-five of this title, and such officers and enlisted men shall have the same titles as those of corre- sponding grade in the United States army, and shall be of the same grades and numbers as are authorized or prescribed by the laws and regulations of the United States for the corresponding corps of the United States army, or as authorized or prescribed by the said laws and regulations of the war department for the national guard. The enlist- ments in the quartermaster corps and the appointments of noncommis- sioned officers and the employment of civilian employees therein shall be as prescribed by the commander-in-chief. The duties of the officers, the enlisted men and civilian employees of the quartermaster corps shall be such as prescribed b}^ the commander-iu-chief and shall conform to the duties prescribed by orders and regulations of the war department for a like corps of the United States army. [Amendment approved May 10, 1917; Stats. 1917, p. 305.] § 1929. Medical department. The medical department of the national guard of California shall consist of a medical corps, dental corps, a hospital corps, the medical department of the naval militia, and of such officers and enlisted men as are deemed necessary by the commander- in-chief in organizing said department under the provisions of section one thousand nine hundred twenty-five of this title, and such officers aud enlisted men shall have the same title as those of corresponding grades of the United States army or United States navy, and shall be of the same grades and numbers, as are authorized or prescribed by the laws and regulations of the United States for the medical department of the United States army or navy, or as authorized and prescribed by the said laws or regulations of the war . or navy departments for the national guard or naval militia. The duties of the officers and enlisted men of the medical department shall be such as prescribed by the commander-in-chief and shall conform to the duties prescribed by orders ur regulations of the war or navy departments for a like department of the United States army or navy. When deemed necessary by the commander-in-chief a medical reserve corps, or female nurse corps, or both, may be provided. [Amendment approved May 10, 1917; Stats. 1917, p. 306.] § 1930. Corps of engineers. The corps of engineers shall consist of such officers and enlisted men of the grades and numbers as may be prescribed by the commander-in-chief, and the same shall be of the grades and numbers as are authorized and prescribed by the laws and regulations of the war department for the corresponding corps of the United States army, and as are authorized and prescribed by the said laws and regulations of the war department for the national guard. The duties of officers and enlisted men of the corps of engineers shall be such as prescribed by the commander-in-chief and shall conform to the duties prescribed by the orders and regulations of the war depart- 16 §§ 1931-1934- POLITICAL CODE. 242 ment for like officers and enlisted men of the United States army. [Ameudmeut approved May 10, 1917; Stats. 1917, p. 306.] § 1931. Signal corps. The signal corps shall consist of such officers and enlisted men of the grades and numbers as may be prescribed by the commander-in-chief, and the same shall be of the grades and num- bers as are authorized and prescribed by the laws and regulations of the war department for the corresponding corps of the United States army, and as are authorized and prescribed by said laws and regula- tions of the war department for the national guard. The duties of the officers and enlisted men of the signal corps shall be as prescribed by the commander-in-chief and shall conform to the duties prescribed by the orders and regulations of the war department for like officers and enlisted men of the United States army. [Amendment approved May 10, 1917; Stats. 1917, p. 306.] § 1932. Coast artillery. The coast artillery' shall be organized as a corps and shall consist of such number of companies as may be author- ized. The number and qualifications of the officers and enlisted men belonging to such coast artillery corps shall conform to the tables of organizations for such corps prescribed by the rules and regulations of the United States army. [Amendment approved May 10, 1917; Stats. 1917, p. 307.] § 1932|. Field, artillery. The field artillery shall be organized into batteries, battalions, separate battalions, and regiments, conforming to similar organizations of the United States army as to numbers, ranks and grades of commander, officers, staffs, enlisted men and equipment; provided, that the commander of a separate battalion shall have on his staff one veterinarian, who when in active service shall draw the same pay as a veterinarian of the United States army. He shall be ap- pointed as staff officers are appointed. [Amendment approved May 10, 1917; Stats. 1917, p. 307.] § 1SS3. Cavalry, The cavalry shall consist of such number of troops as the comiiiaiulor-in-chief shall designate. The troops of cavalry shall 1)6 organized into regiments, or squadrons, at the discretion of the commander-in-cliief. Such nifmber of officers and enlisted men of the ranks and grades that obtain in the United States army for similar organizations, shall constitute the organizations of the cavalry of the national guard; provided, however, that for a separate squadron of cavalry the commander-in-chief shall appoint one veterinarian who shall l)e on the staff" of the scpiadron commander, and who, when in active service, shall receive tlie same pay as a veterinarian in the United States army. [ Aiiiciidmcut approved May 10, 1917; Stats. 1917, p. 307.] §1934. Infantry. TIk; organization of infantry of the national guard shall coiiforiii in uumlicrs and grades, of commander, staffs, officers and enlisted incii, 1o similar organizations of the United States army. Tlic infanlry shall ])e organized into brigades, regiments, bat- lalions, separate battalions, comi>anies, separate companies, and detach- ments, conforming as to ollicers, staff, personnel and equipment to like 243 POLITICAL CODE. §§ 1951-1954 organizations of the United States army. The minimiim strength of an infantry company of the national gnard in time of peace shall be such ollifers and enlisted men of such numbers and grades as are deemed necessary by the commander-in-chief, and in conformance with the laws and regulations of the United States for similar companies of the United States army, or to. the said laws and regulations of the war department for the national guard. No person shall be commissioned as a general officer in the national guard of this state unless he shall have attained to the grade of field officer and shall have had four 3'ears previous experience either as a commissioned officer in command, or in service with, troops of the line of this state or of another state, or territory, or District of Columbia, or of the United States army or marine corps, or in any or all of said services combined. [Amendment approved May 10, 1917; Stats. 1917, p. 307.] § 1951. Commissions. All officers shall be commissioned by the com- mander-in-chief, but he may refuse to issue a commission to any person if the person be in any way unqualified or unworthy to be an officer in the national guard; but no one shall be commissioned unless the con- ditions set forth in sections one thousand nine hundred fifty-three and one thousand nine hundred fifty-four of this chapter, have been com- plied with, and no one shall be recognized as an officer unles.s he shall have been duly commissioned, and shall have taken the oath of office, and filed the bond in the manner and as required in this title. [Amend- ment approved May 10, 1917; Stats. 1917, p. 308.] § 1953. Qualifications for commissioned. officers. Commissioned officers must be citizens of the United States, of the age of twenty-oue years and upward. No person who has been in the military or naval service of the United States, of this state, or of any other state in the United States, and who has not been honorably discharged therefrom, shall be commissioned in the national guard of California. No person shall be commissioned unless he shall possess the additional requirements herein prescribed for the particular office to which he is to be com- missioned and in addition thereto must successfully pass such examina- tion aS may be required bj^ the war department. All medical officers shall be regularly graduated, licensed, and practicing physicians or sur- geons, licensed to practice their profession in California, or shall have l)een surgeons in the United States army or navy. All judge advocates of the national guard of California shall be members of the bar of the supreme court of the state of California. All engineer ofiicers, except engineer officers of the naval militia of California, must be qualified to design, as well as to direct, engineering works. All chaplains shall be regularly ordained priests or ministers of the gospel of some denomina- tion. [Amendment approved May 10, 1917; Stats. 1917, p. 308.] § 1954. Physical examination. Before receiving a commission, or before being commissioned to a higher grade as a result of promotion, every officer of the national guard must have passed a satisfactory physical examination before a medical officer of the national guard, and a satisfactory examination before a board of commissioned officers as to his knowledge of military affairs and general knowledge and fitness §§ 1955-1957 POLITICAL code. 244 for the service, and anyone failing to pass such examination shall not be eligible for an office in the national guard or for promotion for a period of one year after date of such failure; provided, that officers on the staff of the commander-in-chief are exempt from examination. [Amendment approved May 10, 1917; Stats. 1917, p. 308.] § 1955. Boards of examination. Boards of examination under the preceding section shall consist of three officers. Such boards shall have the same power to take evidence, administer oath, and compel wit- nesses to attend and testify, produce books and papers, and punish their failure to do so, as is possessed by a general court-martial. [Amend- ment approved May 10, 1917; Stats. 1917, p. 309.] § 1956. Officers now serving. All officers now serving in the active national guard of this state, or who may hereafter be commissioned therein, shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resig- nation, disability, or for cause to be determined by a court-martial legally convened for that purpose; provided, that all officers commis- sioned in the national guard of this state shall have had military ex- perience prior to such commission, excepting officers of the judge advo- cate-generaj's department, medical department and officers of engineers, who shall not be required to have had such prior service. [Amendment approved May 10, 1917; Stats. 1917, p. 309.] § 1957. Vacancies. When a vacancy occurs among the general officers of the line of the national guard, the governor shall propose to the war department, upon the recommendation of the adjutant-general, the name of an officer to fill the vacancy. The officer so recommended will be required to take such examination as may be prescribed by the war department. When notified by the war department that the officer has successfully passed such examination, the governor shall commission, him. The officers on the staff of a brigade, regiment, unit of coast artillery corresponding to a regiment of infantry, battalion or squad- ron, shall be recommended to the adjutant-general by the brigade, regi- mental, battalion or squadron commander, or commanding officer of unit of coast artillery corresponding to a regiment of infantry, who may recommend not to exceed three candidates of the adjutant-general, who will cause such candidates to be examined. In making these recom- mendations seniority of candidates will be taken into consideration, in tlie case of officers of separate organizations, the adjutant-general will select not to exceed three candidates, whom the adjutant-general will cause to be examined. The candidate receiving the highest rating in such examination will be recommended by the adjutant-general to the governor for commission, subject to such examination as may be prescribed by the war department. All officers shall be commissioned in tlic arm of the service in which they are appointed and shall be as- signed to duty by the adjutaut-gcneral upon recommendation of the commanding officer of the regiment, unit of coast artillery corresponding to a regiment of infantry, separate battalion or squadron. [Amend- ment approved May 10, 1917; Stats. 1917, p. 309.] 245 POLITICAL CODE. §§ 1958-2006 § 1958. Oflacers of the line. Officers of the line shall be appointed us provided for the appointment of staff officers in section one thousand nine hundred fifty-seven hereof, and in accordance with the terms ofv, the national defense act of June 3, 1916, and the various amendments thereto. All line officers shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time hy reason of resignation, disability or for cause to be determined by a court-martial legally convened for that purpose. [Amendment approved May 10, 1917; Stats. 1917, p. 310.] § 1959. Appeal from an election. [Eepealed 1917; Stats. 1917, p. 302.] § 1960. Oath of office. Every officer duly commissioned shall take his oath of office in the manner and within the time prescribed by the national defense act of June 3, 1916, the various amendments thereto and the regulations prescribed by the war department. [Amendment approved May 10, 1917; Stats. 1917, p. 310.] § 1980. Who may be enlisted. Enlistment contract. Any male who is a citizen of the United States or who has legally declared his in- tention of becoming a citizen, of more than eighteen and less than thirty-five years of age, able-bodied, free from disease, of good char- acter and temperate habits, may be enlisted in the national guard of this state under the provisions of the national defense act of June 3, 1916, and the various amendments thereto, for six years. The first three years of which shall be in an active organization and the remain- ing three years shall be in the national guard reserve; and such enlisted man shall have the privilege of continuing in active service during the whole of the enlistment period or of re-enlisting. The qualifications for enlistment shall be the same as those prescribed for admission to the regular army, and all men enlisting in the national guard must sign an enlistment contract, and take and subscribe to the oath set forth in section seventy of the national defense act of June 3, 1916. [Amend- ment approved May 10, 1917; Stats. 1917, p. 310.] § 1982. Oath. All officers of the national guard on becoming mem- bers, and before performing duty, must take and subscribe to the oath contained in section seventy-three of the national defense act of June 3, 1916, and amendments thereto. [Amendment approved May 10, 1917; Stats. 1917, p. 310.] § 2006. Officers and members absent. Court-martial. All officers or members of the national guard who absent themselves from three con- secutive assemblages, without an excuse acceptable to their immediate respective commanding officers, are debarred from the privileges and exemptions provided for members of the national guard; and all non- commissioned officers or privates upon being reported as having been so absent shall forthwith be court-martialed by order of the regimental, or unattached battalion or squadron commander in their respective com- mands, and in all other organizations not attached to regiments, bat- §§ 2018-2020 POLITICAL CODE. 24G talions, or squadrons^ but attached to brigades, by order of the ]>rigade commander, and in all unattached organizations, by order of the gov- eiuor, and, upon conviction by court-martial, the delinquent shall be punished in such manner as the court-martial convicting him may pre- scribe. The proceedings of such court-martial shall be subject to approval and review as in other cases. Neglect or refusal to pay any fine imposed by a court-martial within thirty days after such fine was imposed is hereby declared to be sufficient cause for the dishonorable discharge of such delinquent from the national guard. [Amendment of May 10, 3917; Stats. 1917, p. .^ll.J §2018. Military courts. The military courts of the state shall be: (1) general courts-martial; (2) special courts-martial; (3) summary courts-martial; (4) courts of inquiry. The constitution and jurisdiction of general courts-martial, special courts-martial, summary courts-martial, and courts of inquiry, the form and manner in which the proceedings are conducted and recorded, the forms of oaths and affirmations taken in the administration of military law by such courts, the limits of punish- ment and the proceedings in the revision thereof, shall be governed by the terms of the articles of war, the national defense act of June 3, 1916, and the amendments thereto, the laws and regulations govern- ing the army of the United States, and the law and procedure of similar courts of the United States army, except as otherwise provided in this title. [Amendment approved May 10, 1917; Stats. 1917, p. 311.] § 2019. Who may appoint courts-martial. The following officers may appoint courts-martial: (1) The President of the United States or the governor of the state of California may appoint general courts-martial. (2) The commanding officer of each garrison, fort, post, camp, or other place, brigade, regiment, detached battalion, or other detached com- mand, may appoint special courts-martial for his command, but such special courts-martial may in any case be appointed by superior authority when by the latter deemed desirable. (3) The commanding officer of each garrison, fort, post, or other place, regiment or corps, detached battalion, comi)an3', or other detachment of the national guard, may appoint for such place or command a summary court to consist of one officer who shall have power to administer oaths and to try the enlisted men of such place or command, for breaches of discipline, and violations of law governing such organizations. [Amendment approved May 10, 1917; Stats. 1917, p. 311. J §2020. General courts-martial. 1. General conrts-ni;irtial shall liave tlie power to impose fines not exceeding two luiudied dollars; to sentence to forfeiture of pay and allowances; to a repiimand; to dismissal or dis- honorable disciiargo from the service; to reduction of noncommissioned officers to the ranks; or any two or more of such punishments may be combined iji the sentences imposed by such courts. [Anicndment ap- proved May 10, 1917; Stats. 1917, p. 3"l2.] 2. Special courts-martial. Special conrts-ni.irtia! sliiill have the power to try any person subject to military law, except a commissioned officer, for any crime or offense made punishable by the militai'V laws of tlic United States, and such spci'ja! courts-matt ial and| shall | have the same 247 POLITICAL CODE. §§2021-2023 powers of punislimeiit as the general coartsniartia], except that fines im- posed by such special eoiirts-niartial shall not exceed one hundred dollars. [Amendment approved May 10, 1917; Stats. 1917; p. 312.] 3. Summary courts-martial. Other powers. Summary courts-martial shall luive the power to impose on enlisted men tines not exceeding twenty-five dollars for any single offense, and may sentence to forfeiture of pay and allowances. The proceedings of such court shall be informal, and the minutes thereof shall be the same as prescribed for summary courts of the United States army. All courts-martial including summary courts, shall also have such powers as are conferred on them by the articles of war, and shall have cognizance of and jurisdiction over .-ill violations of said articles; they shall also have power to sentence to confinement in lieu of fines author- ized to be imposed by such courts, but such sentences of confinement shall not exceed one day for each dollar of fine authorized. [Amendment approved May 10, 1917; Stats. 1917, p. 312.] § 2021. Review of proceedings. Appeal to governor. The officer ap- pointing a courts-niaitial must reAiew the proceedings and approve or disapproy^e the sentence of such court-martial, and must direct the execu- tion of such sentence, or mitigate the punishment, or may remit the sentence of the person convicted; but no sentence of dismissal from the service or dishonorable discharge shall be executed until approved by the governor of this state; provided, that an officer or enlisted man so sentenced may within fifteen days after official publication of the action of the reviewing officer, appeal to the governor of this state to review the proceedings and to disapprove them or pardon the offense, in which case the officer approving the sentence will forward the proceedings in the case to the governor of this state, and the execution of the sentence must be suspended until the proceedings are returned with the decision thereon. [Amendment approved May 10, 1917; Stats. 1917, p. 312.] § 2022. Copy of charges delivered to person under arrest. When an officer or enlisted man is put in arrest for the purposes of trial, a copy of the charges and specifications upon which he is to be tried shall be delivered to him or left at his last known place of abode or business, within such time as is prescribed by the laws and regulations governing procedure in the United States army in similar circumstances, and a court shall be ordered for his trial within the time similarly prescribed by the rules and regulations of the United States army. If a copy of the charges and specifications be nof served, or a court not ordered within the time herein limited, the arrest shall cease, but such charges and specifications may be served, a court ordered, and the officer or en' listed man be brought to trial after such release from arrest within the time prescribed by the rules and regulations of the United States army in similar circumstances. The appearance of the accused, without objection and pleading to the charges, shall be deemed a waiver of any defect or irregularity of such service of any of the papers mentioned in this section. [Amendment approved May 10, 1917; Stats. 1917, p. 313.] § 2023. Power of military court to compel attendance of witnesses, etc. Each military court shall have the same power to compel by sub- §§2024-2026 political code. 248 poena, by subpoena duces tecum, and by attachment, the attendance of witnesses, both civilian and military, and the production of books, papers, and documents, and to punish for contempt a witness duly sub- poenaed for nonattendance, or refusal to be sworn or testify, or to produce books, papers and documents, as is possessed by any superior court of this state. Military courts shall also have power to take by commission the testimony of witnesses who cannot reasonably be pro- duced at the trial to the same extent as the superior court aforesaid. Commissions and subpoenas may be issued by the president or the judge advocate, if there be one, of the court, both before and after being sworn, for witnesses whose attendance or testimony before such court may be necessary in behalf of the prosecution, and upon application in behalf of any person to be tried by such court, cither the president or the judge advocate may direct the commanding officer of any organiza- tion to cause such subpoena to be served on any member of his command. A witness not appearing in obedience to a subpoena when served per- sonally with a copy of the same, and not having sufficient excuse, shall forfeit to the j^eople of the state the sum of twenty-five dollars. The president of each court shall, from time to time, report to the judge advocate-general, the names of all such delinquent witnesses, together with the names and places of residence of the persons serving such sub- poena, and a judge advocate may sue for and recover such penalties in the name of the people. [Amendment approved May 10, 1917; Stats. 1917, p. 313.] § 2024. Power of military courts to issue process and mandates. Military courts are empowered to issue all process and mandates, in- cluding writs and warrants, necessary and proper to carry into full effect the powers vested in such courts; such process and mandates will be directed to the provost marshal, the sheriff of any county, and the constables and marshals of any town or city. It shall be the duty of all officers to whom such process or mandate may be so directed to execute the same and make return of their acts thereunder according to the requirements of the same. The keepers and wardens of all city, county and city and county jails shall receive the bodies of persons committed by the process or mandate of a military court and confine them in the manner prescribed by law. Except as otherwise specially provided in this chapter, no fees or cliarges of any nature shall be demanded or required to be paid by tlie state, or any military court or member thereof, or by the person executing its mandate or process, or to any public officer for receiving, executing, or returning any such process or mandate, or for any service in connection therewith, or for receiving or confining the person in jail or custody thereunder. [Amend- ment aji]. roved May Id, 1917; Stats. 1917, p. 314.] §2026. Collection of fines and penalties. For the purpose of collect- ing fines and penalties, imposed by a court-martial, the president of any such general or special court-martial , and tlie summary court officer of a?iy such summary court must make a list of all such fines and penalties, and of the i)ersons against whom they have been imposed, and must thereafter issue a warrant under his hand, directed to any sheriff or con- stable of the county coinmaiiding liim to levy and collect such fines, 249 POLITICAL CODE. §§ 2027-2079 together with the costs, upon and out of the j>roperty of the person against whom the fine or penalty was imposed; and such warrant shall be executed and renewed in the same manner as executions from the justices' courts are executed and renewed. All fines collected shall be paid by the officer collecting the same to the commanding officer of the organization of which the person fined is or was a member, and accounted for by said commanding officer in the same manner as are other state funds. fAmeiidmeiit approved May 10, 1917; Stats. 1917, p. 314. J § 2027. Fines and penalties for nonattendance at parades. [Repealed 1917; Stats. 1917, p. 302.] § 2079. Allowances to commanding officers, etc. There must be audited and allowed by tlu> adjutaiit-gcufral and paid out of the appropriation for military purposes, upon the warrant of the state controller, to the com- manding officer of each infantry, coast artillery, engineer, field hospital, ambulace company, and the headquarters company of each regiment of infantry, and each division and marine company of the naval militia, except the engineer division of the naval militia, the sum of one hundred fifty dollars per mouth; to the commanding officer of each machine gun company, signal company, troop of cavalry, battery or field artillery, supply company, and the engineer divisions of the naval militia, the sum of two hundred dollars per month; to each supply company of sepa- rate battalions and squadrons the sum of seventy -five dollars per month; the sum so paid to be used for armory rent, care of arms, and proper incidental expenses of the company, troop, battery, field hospital, or division. There shall be audited, allowed, and paid out of the same appropriation to the commanding officer of each brigade the sum of two hundred dollars per month; to the commanding officer of the naval militia the sum of two hundred dollars per month; to the com- manding officer of each regiment of infantry, and to the commanding officer of each unit of coast artillery corresponding to a regiment of infantry, two hundred dollars per month; to the commanding officer of each separate battalion of field artillery, naval militia, engineer troops and squadron of cavalry, the sum of fifty dollars per month, and to the commanding officer of each separate fort command, coast artillery, the sum of twenty-five dollars per month; the sums so paid to be used for rent of headquarters, clerical expenses, stationery, printing, postage and proper incidental expenses of the commanding officer of the organization for which said sums are audited, allowed and paid. There shall be audited, allowed and paid to the commanding officer of the naval militia, the adjutant of each regiment of infantry and coast artillery, which shall have attached to it a uniformed and organized band of not less than twenty-five men, the sum of seventy-five dollars per month for such band; to the chief surgeon the sum of fifty dollars per month for rent and proper incidental expenses;- and to the adjutant-general sum of fifteen thousand dollars per annum, to be expended by him in promoting target practice. There must be audited and allowed by the adjutant- general, and paid out of the appropriation for military purposes, to the medical officer in charge of each detachment of the medical department on duty with each regiment of infantry, coast artillery, the naval militia, separate battalions and squadrons, the sum of fifty dollars per §§ 2086-2111 POLITICAL CODE. 250 month for rent and proper incidental expenses of such detachments, and to the medical officer in charge of detachment of the medical corps attached to each separate fort command, coast artillery the sum of ten dollars per month for proper incidental exiienses. No claim shall be allowed under the provisions of this section except upon demand made quarterly in duplicate, signed and sworn to by the officer claiming the same, before any officer of the national guard, or notary public, and forwarded through the headquarters of the regiment, coast artillery corps, separate battalion, or separate squadron, or naval militia, with the approval of each commanding officer, through whose headquarters they are required to pass, direct to the adjutant-general; provided, that the adjutant-general may make expenditures at any time for the pro- motion of target practice, out of the appropriation for that purpose herein provided for. [Amendment approved May 10, 1917; Stats. 1917, p. 311.] §2086. Salaries; adjutant-general's department. There shall be al- lowed and paid out of the general fund in the state treasury to officers, clerks and other employees in the adjutant-general's department, the following salaries payable monthly: To the brigadier-general of the adjutant-general's department (the adjutant-general), a sum not to ex- ceed five thousand dollars per annum to be fixed by the governor; to the lieutenant-colonel of the adjutant-general's department, three thousand dollars per annum; to the chief clerk, one thousand nine hundred dol- lars per annum; three clerks, one thousand seven hundred dollars per annum each; one stenographer and clerk, one thousand five hundred dol- lars per annum; one military storekeeper, one thousand two hundred dollars per annum; one assistant military storekeeper and porter, nine hundred dollars per aninim. [Amendment approved May 10, 1917; Stats. 1917, p. 316.] § 2107, Armories and arsenals. The adjutant-general shall have con- trol of all armories and arsenals built by the state, or that may come into possession of the state, or any building or buildings that may be erected, purchased, leased or provided by any town, city, county, or city and county, for armory or arsenal purposes pursuant to any legislative act. It shall be the duty of the adjutant-general, under direction of the governor, to make and enforce regulations for the government and control of such armories, arsenals and buildings, and where appropria- tions have been made therefor, to advertise for and receive bids for the construction of armories, or arsenals, to enter into contract for the construction and completion thereof, to contract for and purchase the furnishings therefor, and to purchase and lease real estate for the pur- pose of erecting armories or arseii;ils thereon; provided, that it shall be the duty of tiie state engineer to fiiniisli the plans, estimates and s|)ecifica1ions fur ;ill nririories rind arsenals, and to sujierintend the erec- tion and conslruclicM of sm-li l)nil(liiigs. [.Xincndnicnl njiproved May 1(1, 1917; Stats. 1917, ji. :;ili.| §2111. Naval militia. Tlic Di-^iimi/.cd n;i\al niililin of California shall consist of sudi mi'mbcis oi' deck .•iml cnoinecr divisions and com- p;iiii."j of ninriiics ii- (lie com ni;i nd(>r i nchict may, from time to time. 251 POLITICAL CODE. § 2112 |jiescribe, in conformity with the requirements of the navy depart- ment. The naval militia shall be located throughout the coast of the state of California at the discretion of the commander-in-chief. The words "division" and "company" as used in this chapter in connection with the naval militia shall have the same meaning and effect as "com- pany" when used in connection with infantry as used in this chapter, and the word "battalion" as used in this chapter in connection with the naval militia shall have the same meaning and effect as "battalion" when used in connection with infantry as used in this chapter. The several divisions and companies of marines of the naval militia shall be organized into battalions at the discretion of the cominandcr-in-chief. [Amendment approved May 10, 1917; Stats. 1917, p. 310. J § 2112. Application of laws, rules and regulations of United States navy. Examination for commanding officer. Vacancies. Chief war- rant officers. Warrant officers. Chief petty officers and petty officers. Powers of commander-in-chief. Command of vessels loaned by United States. When insufficient men available. The numerical strength, rank, titles and insignia of rank of the divisions and companies of marines of the naval militia shall conform to the laws, rules and regulations of the United States navy, and sucli rules and regulations as may be pre- scribed by the secretary of the navy for the naval militia. The naval militia shall be organized into one or more naval brigades, which shall consist of such administrative battalions as may be prescribed by the navy department for like number of divisions in the United States navy. The officers, chief warrant officers, warrant officers and enlisted men of the naval militia of California shall be of such number and grades as may be prescribed by the commander-in-chief and the same shall be of the same number and grades as are authorized or prescribed by the laws and regulations of the United States for similar organizations of the United Stafes navy, or as authorized or prescribed by said laws and regulations of the navy department for the naval militia. All officers now serving in the active naval militia of this state, or who may hereafter be commissioned therein, shall hold their positions until they shall have reached the age of sixty-four j^ears, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose. In order to select a commanding officer for the naval militia the adjutant-general shall nominate not to exceed three officers, not below the grade of lieutenant-commander, and will cause such candidates to be examined. The candidate receiving the highest rating in such examina- tion will be recommended by the adjutant-general to the governor for commission. When vacancies occur in the commissioned personnel, the command- ijig officer of the naval militia will recommend not to exceed three can- didates to the adjulant-general, who will cause such candidates to be examined. The candidate receiving the highest rating in such exami- nation will be recommended by tlie adjutant-general to the governor for commission. Chief warrant officers may be appointed by the eommander-in-cluef upon the recommendation of the commanding officer of the naval § 2112 ' POLITICAL CODE. 252 militia, and shall receive from the commander-in-chief a commission in the same form as commissioned officers of the naval militia. Warrant officers may be appointed by the adjutant-general upon the recommenda- tion of the commanding officer of the naval militia and warrants for warrant officers may be issued by the adjutant-general upon the recom- mendation of the commanding officer of the naval militia. Chief petty officers and petty officers shall be appointed by the commanding officer of the naval militia, who shall issue to such chief petty officers and petty officers a warrant in proper form. The organization of the naval militia shall conform generally to the provisions of the laws of the United States. The system of discipline and exercise shall conform to that of the navy of the United States as it is now and as it may hereafter be prescribed by congress and that prescribed by the provisions of the Political Code, relating to the national guard of California, and that prescribed by the secretary of the navy for the guidance of the naval militia; the commander-in-chief shall have power to alter, divide, annex, consolidate and disband the naval militia or any portion thereof whenever in his judgment the efficiency of the state forces will thereby be increased, and he shall have power to make such rules and regulations as may be deemed proper for the use, government and instruction of the naval militia; but such rules and regulations shall conform to those governing the United States navy and those prescribed for the secretary of the navy for the con- duct of the naval militia. The commander-in-chief is authorized to apply to the President of the United States for the detail of commis- sioned officers and petty officers of the navy to act as inspectors and instructors in the art of naval warfare. Summary courts-martial for the naval militia when necessary shall be ordered by the commanding officer of the naval militia and general courts-martial for the naval militia when necessary shall be ordered by the commander-in-chief and shall be organized and conducted within the laws, regulations and usages of the United States navy, and the provisions of the section relating to the military courts in this chapter. The proceedings shall be re- viewed and sentence executed as provided in this chapter. Vessels loaned by the United States government to the state of California for the use of the naval militia shall be commanded by the ranking officer for line duty resident at the port to which said vessel is assigned, and in the absence of such ranking officer foi- line duty, by the next rank- ing officer for line duty. In a locality where there are insufficient men available to form an engineer division and there already exists an organized deck division, men of the artificer branch may be additionally enrolled in such deck division with such ratings as they may be qualified to fill, until such time as there is a sufficient number of them to form a separate engineer division, and any men in such artificer branch may be rated in the various potty officers' ratings in the artificer branch of the naval service which they arc qualified to fill. Iii a locality where there arc insuffi- cient men available to form a marine company and there is already existing in tliat locality a deck division of the naval militia, a marine section may be o)gani/.(.'(i witli nuc ndiccr and not less than twenty 253 POLITICAL CODE. §§ 2141-2187 enlisted marines. [Aiueiulnient approved May 10, 1917; Stats. 1917, p. 317.] Note. — Act of May 10, 1917 (Stats. 1917, p. 302), amending provisions relating to the national guard, also contained the following provisions: Sec. 42. Repealed. All laws or parts of laws in so far as they are not consistent with these amendments are hereby repealed. Sec. 43. Urgency measure. Inasmuch as the provisions of the exist- ing law relating to the national yuard are in conflict with the provisions of the national defense act, and the provisions herein contained are necessary to enable the national guard of this state to comply with the requirements of said national defense act, and in view of the unsettled condition of the relations of ^he United States with foreign powers, this act is declared to be necessary for the immediate preservation of the public peace and safety and to be an urgency measure within the mean- ing of section one of article IV of the constitution. §2141. Powers . of lunacy commission. The commission has power: 1. To appoint a secretary whose term of office shall be four years from and after the date of his appointment and to fix his salary, which shall not be changed during his term of office, and which shall be paid at the same time and in the same manner as are the salaries of other state officers, and to appoint such other employees as it may deem necessary and fix their compensations; 2. To appoint, by its order, a competent person to examine the books, papers, and accounts, and also into the general condition and manage- ment of any institution in this chapter mentioned, to the extent deemed necessary and specified in such order; 3. To fix the annual salaries of the resident officers and treasurers of the state hospitals, which must be uniform in all the state hospitals for the insane and as near uniform as possible in all state hospitals, and to classify the other officers and emj)loyees in grades, and determine the salaries and wages to be paid in. each grade, which must be uniform in all hospitals for the insane, and as near uniform as possible in all state hospitals; 4. To determine the kind and character of all employees who shall be employed at any state hospital according to the needs and objects of the hospital; 5. To permit any religious or missionary corporation or society to erect a building on the grounds of any state hospital for the holding of religious services, said building when erected to become the property of the state and to be used exclusively for the benefit of the inmates and employees of such state hospital and subject to such regulations and conditions as may be determined or imposed by said commission; 6. To establish and supervise a training school for attendants and nurses in any state hospital, under rules and regulations of the com- mission. [Amendment approved May 5, 1917; Stats. 1917, p. 274.] § 2187. Transfer of patients from one hospital to another, (a) When the building of any state hospital becomes overcrowded with patients or inmates, or the number of buildings is reduced by fire, or other casualties, or for other sufficient cause, the commission may, in its dis- cretion, cause the transfer of patients or inmates therefrom or direct that patients or inmates required to be sent thereto, be transferred to § 2283 POLITICAL CODE. 254 another state hospital, where they can be eonvenientl}' received, or make, in emergencies, temporary provision for their care, preference to be given in such transfer to a hospital in an adjoining rather than a remote district. The expense of such transfer is chargeable to the state, and the bills for the same, when approved by the commission, nmst be paid by the treasurer of state on the warrant of the controller, out of any monej's provided for the care or support of the insane. (b) Transfer on request of relatives or friends. Patients may be transferred at the request of relatives or friends; provided, there is room in the hospital to which transfer is sought, but in case of trans- fers made as last provided the expense o'f such transfers shall be paid by such relatives or friends; provided, further, that transfers as last provided, shall not be made unless the consent of the commission and the medical superintendents of the hospitals from which and to which said transfer is to be made be obtained. [Amendment approved May 5, 1917; Stats. 1917, p. 275.] (c) Transfer from home for feeble-minded to state hospital. The commission, when it deems it necessary, may transfer any inmate of the home for feeble-minded for care and treatment to a state hospital for the insane for care and treatment therein and the counties, guardian, relatives or friends of such inmate shall be liable for his care, sup- port and maintenance in said hospital for the insane in the same manner and to the same extent as if the said patient were still an inmate of said home. The commission, when it deems it necessary, may transfer any patient in any state hospital for the insane to the said home for care and treatment therein. The estate, relatives or friends of such patient, or the county from which such patient was originally com- mitted, shall be liable for the care, support, and maintenance of such patient at the said home in the same manner and to the same extent as if the said patient had been originally committed to the said home at the date of such transfer. [Amendment approved May 5, 1917; Stats. 1917, p. 275.] §2283. Appropriation: orphan aid. Orphan, one hundred dollars; half orphan, seventy-five dollars. Theie is hereby appropriated out of any money in the state treasury not otherwise ajjpropriated, to each and every institution in this state conducted for the support and main- tenance of needy minor orphans, half or[)li:in.s, or abandoned children, and to each and every county, cit,y and county, city, or town maintain- ing such orphans, half orphans, or abandoned children, or any or all of such classes of persons, aid as follows: For each whole orphan and abandoned child supported and maintained in any institution, not in excess of one hundred dollars per annum; and for each half orphan, not in excess of seventy-five dollars jici' annum; but cnih abandoned child must have been an inmate thereof for one vcnr prioi' to receiving any support as provided in this clraptei-; ]iro\i(|ed, tlint in mldition to the amount jiaid by the state for ciicli hall orjihan maintained at home by its mother, the county, city ami i-onnty, city or town may {lay for the Hupjiort of such half orphan an amount eipial to the sum paid by the state; ami pfOMileil, further, that in any case where any such half oridian is denied aid by the county, upon a petition setting forth the 255 POLITICAL CODE. ' §§ 2285, 2286 facts in full as to the necessity of aid, vciified by five reputable citizens .of the county, city and county, city, or town, the mother of such child shall have the right of appeal direct to the state board of control for aid of her child, and should her appeal be sustained by said board pay- ment must be made for the child as above provided. [Amendment ap- proved May 15, 19 17; Stals. 1917, p. oiiO.l §2285. Books to be kept. p]very iuslilution, county, city and county, city, or town entitled to aid under this chapter must keep the following records, which at all times must be open to the state board of control or to any person appointed by Ihem to examine the same, or to any committee of the legislature, or to anj' clerk or officer thereof duly authorized to make such examination: 1. Date of admission, etc. A record on which must be entered the date of admission, name, age, sex, and place of birth of each and every orphan, half orphan, and abandoned child, who is or may hereafter be received or admitted into suck institution, or to county aid, and the date of discharge of any such child, when such discharge is made, the parentage, if known; the estate, if any, to which the child is heir, and the insurance, if any, on the father's or mother's life; so far as can be ascertained, the place where either parent or both died, the nativity of the parents, where married, the marriage certificate, where recorded, when they came to California, place of residence in California, and habits of sobriety. 2. Monthly accounts. A book entitled "monthly accounts." In it must be entered on the debtor side, all the moneys received from any and all sources segregated under the proper heads; on the credit side must be entered all disbursements made, specifying for what i^urposes made, and the amount entered in detail si disbursed, segregated under their proper heads. 3. Pay-roll. A pay-roll of the emploj'ees, and the amounts disbursed to each. 4. Amounts paid for support. A book in which must be entered in detail the amounts paid for the specific support of every orphan, half orphan, or abandoned child and the date of such payments. 5. Transcript of books and pay-roll. A tran-script of the books and pay-roll, verified under oath liy the manager or person in charge of suck institution entitled to or claiming state aid under this chapter, must, when demanded by the state board of control, be made and forwarded to the said board at the time of presenting claim for state aid. fi. List of inmates. A list of all the inmates other than employees or orphans supported wholly or in part by any institution presenting a claim for state aid under this chapter, must also be forwarded w^ith such claim for aid. [Amendment approved May 15, 1917; Stats. 1917, p. 561. j § 2286. Board of control may inquire into institutions. Children's agents. Salaries. The state board of control is authorized in behalf of the state, at any time to inquire, either in person or by authorized agent, into the management of any such institution; and any institu- § 2289 POLITICAL CODE. 256 tion refusing, upon due demand, to permit such inquiry or to comply with regulations established by said board for the proper maintenance and care of children receiving state aid must not thereafter receive any aid under this chapter until it has complied with all requirements. To carry out the provisions of this act, the state board of control may appoint a chief children's agent and three children's agents who shall, under the rules of said board, visit the homes and the institutions in which are children to whom state aid is being given or for whom aid is being asked, to obtain such information as the board may need in carrying out the provisions of this chapter. Such chief agent shall receive necessary traveling expenses and a salary of two hundred twenty-five dollars per month. Such three other agents shall receive their necessary traveling expenses and a salary of one hundred seventy- five dollars per month, which salary shall be paid in the same manner and at the same time as the salaries of other state officers. All ex- penses incurred in visiting said asylums and homes, when there are not other available funds, may be audited and allowed by the state board of control out of the appropriation for support of orphans, half orphans and abandoned children. In addition an advisory committee of three persons serving without pay or expense to the state may be appointed by the board of control, to act in any county in conjunction with the children's agents. [Amendment approved May 15, 1917; Stats. 1917, p. 562.] § 2289. Prerequisites. In order that the provisions of this chapter shall not be abused, it is hereby declared: 1. Institution must have twenty inmates. That no institution which has less than twenty inmates of either or all of the classes mentioned in section two thousand two hundred eighty-three, must be deemed an institution for the support and maintenance of minor orphans, half orphans, or abandoned children, within the intent and meaning of this chapter. 2. Age of nunor. That no child over the age of fifteen years shall be deemed a minor orphan, half orphan, or abandoned child, within the intent and meaning of this chapter. 3. Receiving ten dollars for child. That no cliild for whose specific support there is paid to any such institution the sum of ten dollars or more per month shall be deemed a minor orphan, half orphan, or aban- doned cliild within the intent and meaning of this chapter. 4. Home for child. That no child maintained in an institution for whom a bona fide offer of a proper home has been made shall be con- sidered eligible for further state aid; it is further provided, however, that no institution shall be required to surrender a child to any person of religious faith different from that of the child or the parents of the .•hild. Residence in state. Tliat a cliild who has not resided in this state for a period of at least two years prior to the application for aid shall not bo ejigibh- to receive state aid unless such child is born in this state. [Aniendmcnt apiiroved May 15, 1917; Stats, 1917. p. 5()2.] 257 POLITICAL CODE. §§ 2302-2319 §2302. Salary state librarian. Tlie annual salary of the state librarian is five tliousaml dolhiis. | Aiiieuilnu'iit a))prove(l June 1, 1917; Stats. 1917, p. 1G63. I § 2319. State commissioner of horticulture. Deputies, etc. Travel- ing expenses. Deputy commissioner. Salaries. Offices for commis- sioner. San Francisco office. Quarantine officers. State inssctary. Superintendent. Assistant. Field deputy. The state commissioner of horticulture of California shall be a citizen and resident of this state, and his term shall be for four years, and until his successor is appointed and qualified. The governor may remove such commissioner from office at any time u])on filing with the secretary of st^te a certificate of re- moval signed by the governor. In the case of vacancy in said office by death, resignation, removal from office, or other cause the governor shall fill the vacancy for the unexpired term. In appointing such com- missioner and his successor or successors, it shall be the duty of the governor to disregard political affiliations, and to be guided in his selection entirely by the professional and moral qualifications of the person so selected for the performance of the duties of said office. Said commissioner shall be a civil executive officer. The salary of said commissioner shall be four thousand dollars per annum, and he shall be allowed his traveling and incidental expenses necessary in the discharge of his duties. For the direction and accomplishment of his work the said commissioner may and is hereby empowered to appoint certain deputies, secretarj^, quarantine officers, superintendents," assistants, and clerk as hereinafter provided, who shall hold office at the pleasure of said commissioner and perform any and all duties pertaining to their office or emploj'nient which the said commissioner may require of each of them, and may be removed from office or position at any time by said commissioner filing with the secretary of state a certificate signed by said commissioner so removing such deputy, secretary, quarantine officer, superintendent, assistant, or clerk. The traveling and other necessary expenses incurred by the officers and employees herein pro- vided for in the performance of their duties shall be paid from the funds appropriated for the support of the office of the state commissioner of horticulture. Said commissioner may arrange his office into three divi- sions, to wit: executive office, quarantine division, insectary and patho- logical division. Said commissioner shall appoint a deputy commissioner who shall be an expert entomologist and horticulturist, and who shall perform such duties as may be required of him by said commissioner, and shall be acting commissioner in the absence of the commissioner. Such deputy commissioner shall receive a salary of two thousand seven hundred ilollars per annum. Said commissioner shall appoint tw^o field deputies, each of whom shall be versed in horticulture and have a practical knowledge of the methods of control of insect pests and plant diseases. Said field deputies shall receive a salary of two thousand dollars per annum each. Said commissioner shall appoint a secretary who shall be a civil executive officer. Said secretary shall perform all such duties as may be required of him by said commissioner. Such secretary shall receive a salary of two thousand seven hundred dollars per annum. 17 § 2819a POLITICAL CODE. 258 Said commissioner shall appoint a clerk whose salary shall be one thousand six hundred dollars per annum. The main office of such com- missioner shall be at the city of Sacramento. The secretary of state shall furnish and set aside at the capitol rooms suitable for offices for said commissioner, and if the secretary of state shall make and file an affidavit with the said commissioner stating that it is not possible for him, as such secretary of state, to provide and set aside an office for said commissioner in tlie capitol or in any state build- ing under Ms control, because there is no such office or rooms available, then, and after the making and delivery of such affidavit to such com- missioner, the said commissioner may rent ]*ooms convenient and suit- able for his offices at a rental not to exceed one thousand dollars per year. The office of said commissioner shall be kept open every day except holidays. Said commissioner may also keep and maintain an office in the city and county of San Francisco adequate to the pur- poses and requirements of the quarantine division, at a yearly rental not to exceed the sum of seven hundred fifty dollars. Said commis- sioner shall appoint a chief deputy quarantine officer, who shall be a skilled entomologist and particularly conversant with the naturd of foreign insect pests and plant diseases and effective means of prevent- ing their introduction, and shall have charge of the work of the quar- antine division provided for in this section of this act. Such chief deputy quarantine officer shall receive a salary of two thousand seven hundred dollars, per annum. Said commissioner shall appoint two dep- uty quarantine officers who shall be competent entomologists for the purpose of quarantine work. Such deputy quarantine officers shall each .receive a salary of one thousand eight hundred dollars per annum. Said commissioner shall also properly maintain and operate the state insectary located on the state capitol grounds in Sacramento from funds provided by law for such purpose, and shall appoint for the work of the insectary division a superintendent of the insectary, who shall be an expert entomologist able to perform all the necessary duties with reference to the importation, rearing and distribution of beneficial in- sects. The salary of the superintendent of the state insectary shall be two thousand seven hundred dollars per annum. Said commissioner shall appoint an assistant superintendent of the insectary, who shall be an economic entomologist, at a salary of one thousand eight hundred dollars per annum. Said commissioner shall appoint a field deputy for the insectary division, who shall be a practical entomologist and whose salary shall be one thousand eight hundred dollars per annum. The salaries of all the officers above mentioned .shall be paid at the same time and in the same manner as the salaries of other state officers. Said commissioner may also appoint such assistants from time to time as may be required and such assistants shall receive such reasonable compensation as may be fixed by said commissioner. [Amendment ap- proved May 17, 1917; Stats. 1917, p. (538.] § 2319a. Duties of commissioner of horticulture. State horticultural quarantine officer. Quarantine guardians. It shall be the duty of the state commissioner of horticulture to promote and protect the plant industry of the state; to prevent the introduction and spread of injuri- ous insect or animal pests, plant diseases and noxious weeds; to cause 259 POLITICAL CODE. § 2319b to be put into executioii such horticultural laws of a regulatory nature as are written into the statutes, and to introduce and distribute such insects as are useful in reducing the cost of crop production. Such commissioner shall collect books, pamphlets and periodicals and other documents containing information relating to horticulture and shall preserve the same; collect statistics and other information showing the actual condition and progress of horticulture in this state and else- where; correspond with horticultural societies, colleges and schools, and with the county horticultural commissioners existing or that may exist in this state, and with all other persons necessary to secure the best results to horticulture in this state. He shall require reports from county horticultural commissioners in this state, and may print the same or any part thereof as he may select, either in the form of bulle- tins or in his annual reports or both, as he shall deem proper. He shall issue and cause to be printed and distributed to county horticultural commissioners in this state, and to such other persons as he may deem proper, bulletins or statements containing all the information best adapted to advance the interest, business and development of horticul- ture in this state. Such commissioner shall be deemed to be the state horticultural quarantine officer mentioned in that certain act entitled "An act for the protection of horticulture and to prevent the introduc- tion into this state of insects, or diseases, or animals injurious to fruit or fruit trees, vines, bushes or vegetables, and to provide for a quar- antine for the enforcement of this act," which became a law under con- stitutional provisions without the governor's approval on March 11, 1899, for the purposes of that act, and shall be empowered to perform the duties which under that act are to be performed by the state hor- ticultural quarantine officer; provided, that in any case where it shall become necessary in the judgment of the state commissioner of hor- ticulture to quarantine a county or district within the state against another or other county or counties or districts within the state, or to quarantine the state or a county or district of the state against another state or a foreign country or countries then it shall be necessary that said quarantine shall be made by and with the approval of the governor as provided in this chapter. The state commissioner of horticulture may issue commissions as quar- antine guardians to the county horticultural commissioners, deputies and inspectors appointed by them. [Amendment approved May 17, 1917; p. 640.] § 2319b. Quarantine regulations. Said commissioner may, by and with the approval of the governor, establish, maintain and enforce such quarantine regulations as may be deemed necessary to protect the nurseries, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit-pits , fruit, seeds, vegetables or other articles of horticulture, against contagion or infestation by injurious plant disease, insects, or animal or weed pests, by establishing such quarantine at the bound- aries of this state or elsewhere, within the state, and he may make and en- force, with the approval of the governor, any and all such rules and regu- lations as may be deemed necessary to prevent any infected or infested stock, tree, shrub, plant, vine, cutting, graft, scion, bud, fruit-pit, fruit, §§ 2319c, 2319d political code. 260 seeds, vegetable or other article of horticulture, from passing over any quarantine line established and proclaimed pursuant to this act, and all such articles shall, during the maintenance of such quarantine, be in- spected by such commissioner or by deputies appointed in writing by said commissioner, and he and the deputies so conducting such inspection shall not permit any such article to pass over such quarantine line during such quarantine, except upon a certificate of inspection signed by such commissioner or in his name by such, deputy who has made such inspection. All approvals by the governor given or made pursuant to this act shall be in writing and signed b}' the governor in duplicate, and one copy thereof shall be filed in the office of the secretary of state and the other in the office of said commissioner before such approval shall take effect. [Amendment approved May 17, 1917; Stats. 1917, p. 611.] § 2319c. Quarantine against plant diseases, etc. May enter premises. Upon information received by such commissioner of the existence of any infectious plant disease, insect, or animal or weed pest, dangerous to any article, or to the interests of horticulture within this state, or that there is a probability of the introduction of any such infectious plant diseases, insect or animal or weed or other pests, into this state or across the boundaries thereof, he shall proceed to thoroughly investigate the same and may establish, maintain and enforce quarantine as hereinbe- fore provided, with such regulations as may be necessary to circumscribe and exterminate, eradicate or control such infectious plant diseases, insects or weed or other pests, and prevent the extension thereof, and is hereby authorized to enter upon any ground or premises to inspect the same or to inspect any tree, shrub, plant, vine, cutting, graft, scion, bud, fruit-pit, fruit, seed, vegetable or other article of horticulture or implement thereof or box or package pertaining thereto, or connected therewith or that has been used in packing, shipping or handling the same, and to open any such package, and generally to do, with the least injury possible under the condition's to property or business, all acts and things necessary to carry out the provisions of this chapter; and pro- vided, further, tliat no quarantine shall be established, maintained or enforced for the protection of nurseries, trees, shrubs, plants, vines, cut- tings, grafts, scions, buds, fruit-pits, fruit, seeds, vegetables or other articles of horticulture, against contagion or infection by injurious disease, insects or pests, except by such commissioner and in the man- ner in this section provided. [Amendment approved May 17, 1917; Stats. 1917, p. 042.] § 2319d. Pests to be reported to county horticultural commissioners. Duty of commissioner. I'piin the discdveiy of any infectious plant iliscasc, iiijiiiious insects or weed or other pests, such commissioner shall immediately icpoil the same to s-ncli quarantine guardians or county horlicultural commissioners of tlie ( eunties wherein such dis- covery is made, together with a statement as to the best known means or metliod for circumscribing, exterminating, eradicating or controlling the Hanie, ;ind sh;ill stiitc therein specifically what treatment or method shouM })(• .'ijiplicd in cncji case, as the matter may require, with a de- taiicfd statement or [iresciiption as to tiie method id' maiving or pro- 261 POLITICAL CODE. §§ 23191, 2319J curing and of applying any preparation or treatment so recommen'lcc! therefor, and the time and duration for such treatment, and if chem- icals or articles be required other than those usually obtainable iu any town, the place or places where they are most readily to be obtained; and upon the receipt of such statement by any quarantine guardian or county horticultural commissioner it shall be the duty of such quaran- tine guardian or county horticultural commissioner to distribute such statement in written or^printed form to every person owning or having charge or possession of any orchard, nursery stock, tree, shrub, plant, fruits or other article of horticulture within their county, where there may be or is likely to be any danger to the interests of horti^rulture, and such a statement must be served with or be a part of the notice to be given to the owner or owners or person or persons, in possession of any orchard, nursery, tree, shrub, plant, fruits or other articles of horticulture, referred to, provided for, and required to be served in and by section two thousand tnree hundred twenty-two a of the Political Code of the State of California. [Amendment approved May 17, 1917; Stats. 1917, p. 642.] §23191. Nurserymen, etc., to register. License number. Any nur- seryman, agent, jobber, person, tirra or organization operating in the state of California, who ships, sells or handles nursery stock, trees, plants,^ shrubs or vines which are for planting or propagation purposes within the borders of this state, shall register with the state commissioner of horticulture and shall pay the same one dollar for such registration for a period of one year. The state commissioner of horticulture shall issue to each applicant a special license number, and all shipments by such licensee shall have his license number aflSxed to the package of nursery stock, trees, plants, shrubs or vines for planting or propaga- tion purposes; provided, however, that an agent or agents acting as salesman for a nurseryman, jobber, person, firm or organization shall not be granted a license number but shall be required to use the license number assigned the nurseryman, jobber, person, firm or organization by whom such agent or agents are employed. [Amendment approved May 17, 1917; Stats. 1917, p. 613.] § 2319J. Permit to ship nursery stock, etc., Into state. Any nursery- man, jobber, person, firm or organization doing business without the state of California who desires to ship nursery stock, trees, plants, vines, or shrubs into this state for planting or propagation purposes from any other state, territory or district of the United States, shall first make aj)plication to the state commissioner of horticulture for a permit to so do, filing with the application a statement of the location of the nursery, or place of business owned or operated by him or them, and an official certificate of inspection of such premises signed by the state inspector of the state in which said premises are located. Permits herein pro- vided shall be issued by the state commissioner of horticulture upon request and without making any charge therefor whenever in his judg- ment such permits may be issued without endangering the horticultural interests of this state. Such permits shall bear a special number, and all shipments thereafter made by any nurseryman, jobber, person, firm or organization into the state of California must contain this number §§ 2319k-2322 political code. 262 affixed to the package of nursery stock, trees, plants, vines or shrubs shipped by him. [Amendment approved Mav 17. 1917; Stats. 1917, p. 643.] § 2319k. Penalty. Any person willfully refusing to comply with orders lawfully made under and pursuant to this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not to ex- ceed five hundred dollars. [New section added May 17, 1917; Stats. 1917, p. 644.] § 2319 1. Payment of moneys. All moneys paid hereunder shall be paid by the state treasurer from moneys appropriated for the support of the officer of state commissioner of horticulture, and expenses other than the salary of the commissioner, the compensation of his deputies, secretary, quarantine officers, superintendents, assistants, and clerk, as allowed and i>rovided by this chapter, muSt be certified by the said commissioner and be approved by the state board of control before be- ing audited and paid. [New section added May 17, 1917; Stats. 1917, p. 644.] § 2322. Petition to board of supervisors stating existence of infectious diseases, etc. List of eligibles. Term. Bond. Qualifications of commis- sioner. State board of horticultural examiners. Examinations. Appoint- ments. County board of horticultural commissioners superseded. ^Yhen- ever a petition is presented to the board of supervisors of any county or city and county, and signed by twenty-five or more persons each of whom is a resident freeholder and possessor of an orchard, or greenhouse or nursery, or rice fields, stating that certain or all orchards or nurseries or trees or plants of any variety or rice fields, are infested with any infectious diseases, or insects of any kind injurious to fruit, fruit trees, vines or other plants or vegetables, or that there is growing therein the Russian thistle or saltwort (Salsola kali var. tragus), Johnson grass (Sorghum halepense) or other noxious weeds, or red rice, or water- grasses or other weeds or grasses detrimental to rice culture, codlin moth or other insects, ground squirrels, gophers or other animals that are destructive to trees and plants; or that serious pests, plant diseases injurious to fruit, fruit trees, vines, or other plants or vegetables, or noxious w'eed seed arc being shipped into the county which would cause damage or be liable to cause damage to the orchards, vineyards, gardens or farms of the county or state; and praying that a commissioner be appointed by them whose duties shall be to supervise the eradication, the control, or the destruction of said insects, ground squirrels, gopher or other animals, diseases or Eussian thistle or saltwort, Johnson grass or other noxious weeds, or red rice, water-grasses, or other weeds or grasses detrimental to rice culture, when growing in fields of rice or fields adjacent tiiereto, or in canals or ditches used for the purpose of i-onvcying water to rice fields for tlie irrigation thereof, as herein pro- vided, the board of supervisors shall immediately notify the state board of horticultural examiners to furnish them a list of eligibles or com- petent persons as hereinafter provided, and from such list the said -ii|)ervisors sliall appoint a commissioner in accordance with the pro- visions of this chapter, whose term of officer shall be for four years 263 POLITICAL CODE. § 2322 and until his successor shall be appointed and qualified and who shall give a bond in the sum of one thousand dollars for the faithful per- formance of his duties. Tlie said term of office of any and all county commissioners heretofore or hereinafter appointed shall commence on the date of appointment, and be for a period of four years and until his successor shall be appointed and qualified, at the end of which period the said term shall terminate, and said term shall run with and be attached to said office. In any case where such petition has already been pre- sented or submitted, or is on file at the time of the passage of this act, as the basis for the appointment of a board of horticultural commis- sioners under this chapter as heretofore existing, such petition shall continue in full force and effect and the board of supervisors of any county, or city and county with which any such petition has been filed, or in which any board of horticultural commissioners has heretofore existed, must appoint a county horticultural commissioner. The person appointed to such position must be especially qualified for his duties and must be chosen and appointed by the board of supervisors from a list of eligible persons recommended and nominated to said board as here- inafter provided. Said appointment to be made within thirty days after receipt of said list by said board of supervisors; provided, this act shall in no wise affect any other act or acts providing for the de- struction of ground squirrels or applying to the proceedings thereunder but it is intended to and does provide the' alternative system of pro- ceedings for the extermination of ground squirrels and gophers referred to in this act; and it shall be within the discretion of the governing body of each county, city and county, city or town herein mentioned to provide for the destruction of ground squirrels whether under the provisions of this act or under the provisions of such other act or acts; but when any proceedings are commenced under this act, the provisions of this act, and of such amendments as may hereafter be adopted, and no other, shall apply to all such proceedings and any provision contained in any other act or acts in conflict with the provisions hereof shall be void and of no effect as to the proceedings commenced under the pro- visions of this act. The said board of supervisors shall provide a suitable office for the said county horticultural commissioner, and shall furnish and equip the said office with all necessary furniture and effects for the proper dis- charge of the commissioner's duties. The said board of supervisors may also provide the county horticultural commissioner with all necessary field equipment for the proper discharge of the duties of his office. All expense ordered by the board of supervisors for such office, furniture and equipment, and for stenographic and other office help and expense shall be a county charge and the board of supervisors shall allow and pay the same out of the general fund of the county. A state board of horticultural examiners is hereby created consisting of the dean of the agricultural college of the University of California, the state commis- sioner of horticulture and the superintendent of the state insectary, who are ex-officio members of said board. They shall serve without pay and said board shall provide convenient means for the examination of can- didates for appointment as horticultural commissioner. While in the performance of their duties as members of said board they shall be allowed all their necessary expenses for traveling, printing, postage and § 2322 poLiTiCxVL Code. 2G4 other incidental matters to be paid out of any appropriations made for the support of the office of the state commissioner of horticulture. At least thirty days before the date of the examination of candidates for the said appointment the state board of horticultural examiners shall post or cause to be posted in three public places in said county a notice of the time and place at which such examination will be held, setting forth the conditions and subjects of said examination. At the time and place s'tated' in said notice such examination shall be held. Said examination shall be in writing and the board of horticultural examiners may appoint one of their own number, or some other reliable, competent person to conduct the holding of such examination in each county and forward the papers of each applicant to the board for consideration. Within twenty days after the' examination is held said examiners shall certify to the board of supervisors of the county, or city and county for which the examination was had, the names of such persons examined as they deem competent and qualified for the office and from the list of names so certified the supervisors shall, within thirty days after the receipt of said list of names, appoint a horticultural commissioner. If for any reason the board of supervisors refuse or neglect to appoint a county horticultural commissioner at the expiration of the thirty days, or if they refuse or neglect to appoint a county horticultural commissioner to fill, an unexpired term as elsewhere provided in this act, then the state board of horticultural examiners shall select and ap- point a county horticultural commissioner from the list of qualified persons certified to the board of supervisors of that county, whose term of officer shall be for four years, and until his successor has qualified. Whenever the state board of horticultural examiners shall appoint a county horticultural commissioner as herein provided, then the county l)oard of supervisors must provide for the payment of such appointee's compensation and expenses in the same manner as if such appointment liad been made by the board of supervisors. As far as possible the l)oard of horticultural examiners shall consult the resident horticulturists of the county in determining the responsibility and moral qualifications of candidates for appointment as commissioners and whose names they certify to the boards of supervisors of the several counties. If no per- son or persons present themselves for examination before said board of liorticultural examiners or if after such examination no person is found (|u;ilified, the state board of horticultural examiners shall name five (■()in|ict('iil |ifisons and certify them to the board of supervisors and from these names the board of supervisors shall, within thirty days after the receipt thereof, appoint a county horticultural commissioner, and in such event the commissioner so apiiointed shall hold office for the Icrtri of one year. In case of vacancy in the office of the hortieul- Inial commissioner the vacancy shall l)e filled first from the list of (•ligil)les certified In tlie ])o;iril of sii|K'i-\is(>rs under tlie jirovisions of tliis cha|)ter, an. Funds for maintenance and repair. Commissioners to prepare assessment list. Hearing. Action in superior court. Amounts needed thereafter. New assessment list. WIuml the work contrmplatcd by the original or any sui)plemcii1al |il;iii of reclamation of any reclamation dis- trict shall have })epn complclcd, the trustees may so report to the board of su|K'rviHors of the (uniity in wiiich tlie district, or the greater part 289 POLITICAL CODE. § 3456 therebf is situate, together with a petitiou to the said board of super- visors to appoint assessment commissioners. Said report and petitiou shall set forth that the work contemplated by the original or supple- mental ijlan of recJamatiou has been completed, and that hereafter the said reclamation district will only require funds for the maintenance and repair of the said works of reclamation. Upon filing said report and petition the said board of supervisors shall appoint three commis- sioners, each of whom shall be similarly qualified, and shall make and subscribe the same oath as is provided hereinabove for commissioners. When so appointed and so qualified such commissioners shall prepare an assessment list, which list shall contain the following information in separate columns: 1. A description of each tract assessed by legal subdivisions, swamp- land surveys, or other boundaries sufficient to identify the same. 2. The number of acres in each tract. 3. The names of the owners of each tract, if known; and if unknown, that fact J but no mistake or error in the name of the owner or sup- posed owner of the property assessed, and no mistake in any other par- ticular, shall render the assessment thereof invalid. 4. The assessment valuation per acre of each tract assessed. 5. The total assessment valuations of each said tract. 6. A blank column for rate to be fixed as shown hereinafter. 7. A blank column for amount of assessment to be computed as shown hereinafter. Thereafter said assessment valuations shall be used as a basis for assessments in raising funds for the maintenance and repair of the works of reclamation and incidental expenses of said district. Said assessment list, when completed, shall be filed with the clerk of the board of supervisors in the same manner as a report made under an original or modified plan of reclamation. Thereupon the said board of supervisors shall appoint a time when it will meet for the purpose of hearing objections; said objections, if any, must be in writing, verified, and filed with the clerk of said board of supervisors. Notice of the said hearing shall be given in the same manner and for the same time as notice of hearing objections to an original assessment. At said hear- ing, the board of supervisors shall hear such evidence as may be offered in support of said written objections, and may modify or amend the said assessment valuations in any particular. No objections to said assess- ment valuations shall be considered by the board of supervisors, or al- lowed in any other action or proceeding, unless said objections shall have been made in writing to the board of supervisors within thirty days after the first publication of notice of hearing objections, if any, tc said assessment valuations. Any person aggrieved by the decision of the board of supervisors may commence an action in the superior court of the county in which the greater part of the said district is situate, to have said assessment valuations corrected, modified or annulled. Such action must be com- menced within thirty days after said assessment valuations have been approved by the board of supervisors. If said action shall not be com- menced within thirty days, no action of defense shall thereafter be 19 § 3457 POLITICAL CODE. 290 maintained attacking the legality of said assessment valuations in any respect. 1 hereafter, whenever in the opinion of the trustees of the district, it shall be necessary to raise any sum for the construction, maintenance or repair of the works of reclamation, or for the incidental expenses of the district, the said board of trustees shall make an order, which order shall be entered in the minutes of the board and shall recite the total amount necessary to be raised and shall tix a rate designating the num- ber of cents to be levied on each one hundred dollars of assessment valuation shown on the list prepared and approved in the manner herein- above provided. Thereafter the board of trustees must complete said assessment list bj' inserting the rate and the total assessment in columns six and seven as provided therefor. The assessment made in pursuance hereof shall be filed with the county treasurer and thereafter collected in the same manner provided for the collection of any original assessment; provided, however, that the board of trustees may, in their discretion, direct the payment of any such assessment in one installment. The report of assessment commissioners as herein provided fixing the assessment valuation for reclamation purposes, after having first been approved by the board of supervisors as hereinabove provided, shall continue in force as the basis for raising necessary funds for construc- tion, maintenance and repair of the works of reclamation, and for in- cidental expenses of the district until the trustees of said district, or the holders of title or evidence of title representing fifteen per cent or more of the lands within the district, shall petition said board of super- visors to make an order directing the commissioners who made the origi- nal assessment list or other commissioners, to be named in such order to prepare a new assessment list. Such commissioners must have the , same qualifications and take the same oath as the original assessment commissioneis. The assessment list when so prepared by said commissioners shall be filed with the clerk of the board of supervisors, and shall thereafter in all respects be subject to the same provisions as an original assessment list. All provisions of this code relating to collection of assessments and sale of land for delinquent assessments, shall be applicable to assessments levied in accordance with the provisions of this section. [Aineiidmcnt approved May 2(i, 1917; Slats. 1917, p. 1198.] § 3457. Form of warrants. Interest on warrants. Warrant outstand- ing one year or more. Determination of amount due. All warrants 'Irawn by the trustees must be in substantially the following form: 291 POLITICAL CODE. FACE. §3457 No. . $ . Office of the Board of Trustees of Eeclamation District No. . The Treasurer of County will pay. to the order of • out of Reolaniation District No. fund the sum of dollars for nllowed by the board of trustees of said Eeclamation District No. . Dated . 191—. Trustees. Attest: Secretary. EEVERSE. Approved by the Board of Supervisors of • Couuty this day of , 191- — . Chairman of board of supervisors. Attest: Clerk of board of sui)ervisors. When registered this warrant bears seven y.ei- cent interest annually, computed from its date to the date of payment. This warrant will outlaw and cannot legally be paid four years after date. The warrants drawn by the trustees must be presented to the treas- urer of the county, and if they are not paid on presentation, such in- dorsement must be made thereon, and they must be registered and bear interest from their date at the rate of seven per cent per annum, and such warrants are and shall be considered as contracts in writing for the payment of money, and the period prescribed for the commencement of an action based upon said warrants, or connected therewith, is and shall be the term of four years from the date of said warrants; pro- vided, however, that all warrants shall be approved by the board of supervisors before the same shall be paid or registered by the county treasurer. All warrants shall be paid bj^ the county treasurer strictly in the or- der in which they shall have been registered. § 3459 POLITICAL CODE. 292 Whenerer a warrant shall have been outstanding one year or more, the board of trustees shall on the demand^ of the holder of said warrant cancel the same and issue a new warrant for the face value of the old warrant and a separate warrant for the amount of interest then due thereon J or, the board of trustees may allow a claim for the amount of interest due on any warrant so outstanding one year or more and may draw a warrant therefor; upon drawing this warrant they shall indorse on the reverse of the old warrant the fact that interest has been paid to the date of drawing the warrant for interest and the warrant drawn for the interest must state that it is for interest on warrant No. to (date) ; the board of trustees shall notify the county treasurer upon drawing these warrants for interest and he shall note on his regis- ter of warrants the fact that interest has been paid on such warrants; provided, that any warrant not paid or presented for reissuance may within four years after its date upon the demand of the holder, be extended for a like period of four years, upon presentation to the board of trustees of the district, such extension being indorsed thereon by said board. The board of trustees and the county treasurer may cancel all warrants not paid, reissued or extended within four years after their date. In ease an action or proceeding based upon any warrant or connected therewith, be commenced within four years after the date of such war- rant, and final judgment be obtained in favor of the holder or owner thereof, such warrant shall be paid the same as if it had been paid before the expiration of said four years from the date of said warrant. In any proceeding for a writ of mandate to compel the trustees to issue a warrant, if a controversy arises as to the amount that may be due to the plaintiff, the court must determine the same in the manner provided for determining controversies in other civil actions, and shall cause a writ to issue for such sums as may be found to be due. The date of a warrant shall be the day on which the same is signed by the board of trustees. [Amendment approved May 26, 1917;, Stats. 1917, p. 1202.] § 3459. Additional assessments. If the original assessment is insuffi- cient to provide for the complete reclamation of the lands of the district, or if further assessments are from time to time required to provide for the protection, maintenance and repair of the reclamation works, the trustees may file with the clerk of the board of supervisors of the county in which the district, or the greater part thereof, is situated two copies of the plan of reclamation and a statement of the work done or to be done and its estimated cost, and the same proceeding shall be had thereon as pro- vided in section three thousand four hundred fifty-five for an original plan of reclamation. When said plan shall have been approved by the state board of reclamation, the trustees of the district shall so report to the board of supervisors, and such board must make an order direct-' ing the commissioners who made the original assessment, or other com- missioners, to be named in such order, to assess the amount of such estimated cost as a charge upon the lands with the district, which assessment must be made and collected in the same manner as the 293 POLITICAL CODE. §§ 3460-3462 original assessment. [Amendment approved May 26, 1917; Stats. 1917, p. 1204.] § 3460. Commissioners to make assessment list. The commissioners appointed by the board of supervisors must make a list of the charges assessed against each tract of land; and if there be any error or mistake in the description of the land, or in the name of the owner, or if any land which should be assessed has been or shall be omitted from the list, or if there is any error or mistake in any other respect, the com- missioners may amend or correct the same at any time before the lists shall have been approved by the board of supervisors as hereinafter provided. When any tract of land upon which an assessment or assess- ments shall have been made shall be subdivided into smaller parcels, the board of trustees of the district shall reapportion the assessment or assessments upon such tract in such manner as will charge each of said smaller parcels with a just proportion of assessment or assessments previously made upon said tract so subdivided. Said board of trustees shall file with the clerk of the board of supervisors of the county a list or lists of the charges assessed against each of said parcels. Said re- apportionment shall be approved by the board of supervisors in the manner provided in section three thousand four hundred sixty-two of this code. Said lists after such approval shall be filed with the county treasurer of the county and shall have the same effect as on original assessment. [Amendment approved May 26, 1917; Stats. 1917, p. 1204.] § 3462. List filed with clerk of supervisors. Objection to assessment. Action in superior court. Said lists, when completed, shall be filed with the clerk of the board of supervisors of the county. The board of supervisors shall appoint a time when it will meet for the purpose of hearing objections to said assessment, and notice of such hearing shall be given by publication for two weeks in some newspaper of general circulation published in said county. At any time before the date of such hearing, any person interested in any land upon which any charge has been assessed may file written objections to such assessment, stating the grounds of such objections, which said statement shall be verified by the affidavit of such person, or some other person who is familiar with the facts. At said hearing the board of supervisors shall hear such evidence as may be offered in support of said written objection and may modify or amend the said assessment in any particular, or make a reapportionment of the entire assessment. If the amount of any assessment in said list shall be changed, the board of supervisors shall set a day for hearing objections to said assessment as changed, and shall give notice thereof by publi- cation for two weeks in some newspaper published in the county. At such hearing objections in writing may be made by any person inter- ested, and the board of supervisors shall proceed to hear the same in the same manner as upon the original hearing. If the amount of any assessment shall again be changed the board of supervisors shall pro- ceed as before to give notice and to hear objections thereto, and shall proceed in a similar manner until the amount of each assessment shall § 3463 POLITICAL CODE. 294 be finally fixed and approved. The board of supervisors shall then make an order approving said assessment, and shall indorse such order upon said assessment list, which said indorsement shall be signed by the chairman of said board of supervisors and attested by the clerk thereof, and such decision of said board of supervisors shall be final, and there- after said assessment list shall be conclusive evidence that the said assessment has been made and levied according to law, except in an action commenced as hereinafter provided. The lists shall then be filed with the county treasurer, or, if the district is situated in more than one county, then the original list must be filed in the county where the greater portion of the lands of said district is situated, and copies thereof certified by the treasurer must be filed with the treasurer of each of the other counties. No objection to such assessment shall be considered by the board of supervisors, or "allowed in any other action or proceeding, unless such objection shall have been made in writing to the board of supervisors as above specified. Any person aggrieved by the decision of the board of supervisors may commence an action in the superior court of the county in which the greater part of said district is situated to have said assessment cor- rected, modified or annulled. Such action must be commenced within thirty days after said assessment list has been filed in the office of the county treasurer. If said action shall not be commenced within thirty days, no action or defense shall thereafter be maintained attacking the legality of said assessment in any respect. The provisions of this section shall apply in all respects t* an assess- ment list made under the provisions of subdivision B of section three thousand four hundred fifty-six. [Amendment approved May 26, 1917; Stats 1917, p. 1204.] § 3463. Charges assessed become lien. When the board of super- visors shall have finally taken action modifying or approving any assess- ment liens as provided in section three thousand four hundred fifty-five of this code, the charges assessed thereby upon tracts of land within the county shall constitute a lien thereon and shall impart notice thereof to all persons. When the board of trustees of any reclamation district shall cause assessment lists to be prepared and filed with the clerk of the board of supervisors whereon they shall assess any sum necessary to be raised to the several tracts of land within the said district in the manner provided in the second paragraph of said section three thousand four hundred fifty-five, the charges so assessed upon any said tract shall constitute a lien thereon and shall impart notice thereof to all persons. No subsequent act or conduct of the trustees of the reclamation dis- trict shall invalidate any such assessment, after the same shall have become a lien in the manner herein provided, but such trustees may 1)C compelled by mandate, or other proper proceeding, to perform their duties as required by law. [Amendment approved May 2(5, 1917; Stats. ]ni7, J.. 120fj.] 295 POLITICAL CODE. §§3465,3466 § 3i65. Payments. The lists must remain in the office of the county treasurer for thirty days; and during the time they so remain any per- son may pay the amount of the charge assessed against any tract of land to the county treasury in gold coin of the United States or in warrants of the district drawn by order of the trustees thereof, and approved by the board of supervisors of the county. [Amendment ap- proved May 26, 1917; Stats. 1917, p. 120G.] § 3466. Collection of unpaid assessments. Sale of property. Purchase by district. Redemption. At the end of thirty days unless bonds shall have been authorized the treasurer must return the list to the board of trustees of the district, and all unpaid assessments shall thereafter bear interest at the rate of seven per cent per annum. Thereafter all unpaid assessments and accrued interest shall be collected by and paid to the county treasurer, or the board of trustees may designate an agent to effect such collection who shall deposit said moneys with the county treasurer to the credit of the district. Whenever the board of trustees shall appoint an agent to collect assessments, they shall require that such agent give a bond in such an amount as they may consider suffi- cient for the faithful performance of his duties. All such payments shall be made in separate installments, of such amounts, and at such times, respectively, as the said board, from time to time, in its dis- cretion by order entered in its minutes may direct. Upon making such order the secretary shall also enter in the minutes of the board a notice in substantially the following form: (Name of reclamation district, location or principal place of business.) Notice is hereby given that at a meeting of the board of trustees held on the (date), an installment of (amount) was ordered paid within sixty days from date thereof to at . Any installment which shall remain unpaid on the (day fixed) will be delinquent together with the accrued interest thereon. The notice must be personally served upon each owner of land in said district, or in lieu of personal service, must be sent through the mail addressed to such owner at his place of residence, if known or entered upon the assessment-roll of the county, and if not known, at the place where the principal office of the district is situated, or be published once a week for two weeks successively in some newspaper of general circula- tion and devoted to the publication of general news, within the district, and if no such newspaper be published within the district then publica- tion may be made in some newspaper published in the county seat of the county where the greater portion of said district is situated. If any such installment shall remain unpaid at the expiration of said sixty days from the date of the order, then the whole remaining uncalled portion of said assessment shall become delinquent together with the accrued interest thereon and a penalty of ten per cent of the amount of said installment and interest shall be added thereto and collected for the use of the district. Immediately after the said installment has become delinquent, the trustee of the district must publish in one notice a list of all of said delinquencies at least once a week for two weeks in some newspaper of §§ 3467, 3-168 political code. 296 genei'al circulation published in the county where said district or the greater part thereof is situated, which notice shall contain a description of the property assessed, the name of the person to whom it is assessed, or a statement that it is assessed to unknown owners, if such is the fact; the amount then due on said property, and a notice that the property assessed will be sold on the date therein stated, in front of the court- house of said county to pay the amount then due on said property. The date of said sale shall be not less than ten days after the date of the last publication of said notice. And at said time stated in said notice, or such other time to which said sale may have been postponed, the trustees must sell said property to the highest bidder for gold coin of the United States. Out of the proceeds o'f said sale the trustees must pay the amount due on said property as shown in said notice to the county treasurer who shall place the same in the proper funds of said district. The trustees must pay to the owner of said property any sur- plus remaining after such payment to the count}' treasurer. The trustees may postpone said sale from time to time for not less than ten nor more than thirty days at any one time by a written notice posted at the place of sale. If no bid is made for said property equal to the amount due thereon, the district shall become the purchaser, and the said property must be struck off to the district for said amount. A certificate of such sale shall be executed by the trustees to the purchaser, or to the district, if the property shall have been struck off to the district, and said certifi- cate of sale shall be recorded in the office of the county recorder of said county. Any person interested in said property may redeem the same at any time within one year after the date of said sale, by paying to the county treasurer the amount for which said property was sold, and interest on the said sums at the rate of two per cent per month from the date of said sale. If no redemption shall be made within said one year, the purchaser, or the district, if said property shall have been sold to the district, shall be entitled to a deed executed by said trustees, and the effect of such deed shall be to convey said property free of all liens and encumbrances, excepting state, county and municipal taxes, and any subsequent district assessment. The trustees may sell said property at any time at {lublic auction after notice given for the said period and in the same manner as is herein provided for sales for delinquent assessments, but not for a sum less than tlie amount for which said property was sold, together witli any subsequent assessment and the deed e.xeeuted in pursuance of such sale shall convey said property free of all encumbrances, except state, county and other municipal taxes. Assessments heretofore made in any reclamation district shall be validated and collected in the man- ner provided by law at the time such assessments were made. [Amend- ment approved May 2(i, 1917; Stats. 1917, p. 120S.] § 3467. Work of reclamation to be done under direction of trustees. \H(']>cn](i(l May 2fi, 1917; Stats. 1917. p. 1208.] § 3468, Accounts to be kept open to inspection. | Repealed May 26, 1917; Stats. 1917, {>. 1208.] 297 POLITICAL CODE. § 3480 § 3480. Reclamation district may issue bonds. Special election and conduct of. Evidence of ownership and value. Bonds and coupons. Sale of bonds. Notice. Action to determine bonds legal obligation. Warrants. Bonds legal investment. Additional assessment and bonds. Installments. Delinquency, Sale of property. Whenever in any recla- mation district in this state, now formed or which may hereafter be formed, any assessment has been levied and assessed upon the lands of said district, and remains unpaid in w^hole or in part, where in the .judg- ment and opinion of the board of trustees of said district it would be for the best interest of said district or the land owners therein to issue bonds for the purpose of obtaining money to pay the costs of reclama- tion, the indebtedness of the district, or any other legal charge, or when a petition signed by the owners of more than one-half of the land in the district is filed with the secretary of the board, the board of trustees of such district shall by order entered upon the records of said board, order a special election to be held at some place in said district to be designated by said board of trustees, at which said special election shall be submitted to the owners of land in said district the question of whether or not bonds of said district shall be issued in an amount equal to the amount of such assessment, or the part of such assessment remain- ing unpaid, which said amount shall be entered by said board of trus- tees in its records and stated by them in the order for su<'h special election. For all purposes of this article relating to signing petitions and by- laws and voting at any election of reclamation districts the equalized assessment-roll for the year last preceding, in each county wherein any land of the district is situated shall be sufficient evidence of ownership and of value of lands in the district as hereinafter provided. Guardians, executors, administrators and other persons holding land in a trust capa- city under appointment of court may sign such petitions or by-laws or may vote without obtaining special authority therefor. Notice of such special election must be given by the board of trustees by posting notices thereof in at least three public places in the district at least twenty-one days prior thereto, and also by publication for the same length of time in some newspaper of general circulation published in each county in which any portion of -said district may be situated; and sucTi notice must specify the time and place of holding such elec- tion, the aggregate face value of bonds proposed to be issued and the names of three landholders of the district to act as a board of election. Affidavits of the publication and posting of such notice must be filed with the county clerk of the county in which said district or the greater part thereof is situated (herein designated as the main county), together with a copy of said order calling the election, certified by the president of the board of trustees. At such election each owner of lands in the district shall be entitled to vote in person or by proxy and shall have the right to cast one vote for each dollar's worth of real estate owned by him in the district, such value and ownership thereof to be determined from the next preceding assessment-roll of the county or counties in which the lands of said dis- trict are situate, and the board of trustees of the district shall, in-'wr § 3480 POLITICAL CODE. 298 to the election, cause to be prepared and certified by the proper officer and furnished to the board of election, a true and correct copy of the said next preceding assessment-roll of the said county or counties, which said certified roll shall be used by the said board of election in deter- mining the number of votes each voter is entitled to cast. Executors, administrators, special administrators and guardians may cast tlie votes of the estates represented hy them. No person shall vote by proxy at such election unless authority to cast such vote shall be evidenced by an instrument in writing, duly acknowledged and certified in the same manner as grants of real j)rop- erty and filed with the board of election. The ballots cast at such elec- tion shall contain the words: "Bonds — yes," or the words "Bonds — no," and also the name of the person casting the ballot with the number of votes cast by him. A list of the ballots cast shall be made by the board of election, containing the name of each voter, and, if the ballot be cast by proxy, the name of the person casting it, and the number of votes cast by each, and whether the same be cast for or against the issuing of the bonds. If any person appointed as a member of the board of election shall fail to attend at the opening of the polls, the voters then present may appoint in his place any landholder of the district. Each member of such board of election, must, before entering upon his duties take and subscribe an official oath, which oath may be administered by an officer "authorized to administer oaths or by any landholder iu the district. The polls shall be kept open from ten o'clock A. M. of the day of elec- tion until four o'clock P. M. At the close of the polls the board of election shall at once proceed to canvass the votes and declare the result and shall forward a certificate showing such result and the number of votes cast for and against the issuing of bonds, to the county clerk of the main county, and shall deliver a duplicate thereof to .the board of trustees of the district, and shall also deliver to the said county clerk of the main county all ballots cast at such election and all documents and papers used at such election. Any person interested may contest such election within twenty days after such filing of said certificate with the said county clerk by bringing suit in the superior court of the main county; otherwise the declaration of the result bj' the board of election shall be final and conclusive. If a majority of the votes cast at such election are in favor of the issuance of bonds, the board of trustees of the district shall cause bonds in the amount stated in the order for the election to be executed and delivered, together with the assessment list, to the treasurer of said main county. Said bonds shall be of the denomination of not less than one hundred dollars nor more than one thousand dollars each; they shall be signed by the president of the board of trustee.s of tlu^ district and attested by the coimly auditor of said innin county, and shall ho num- bered consecutively in the order of their maturity, and shall bear in- terest at a rate not to exceed six per cent per annum, payable semi- annually on the first day of January and the first day of July in each year at the office of said county treasurer upon the presentation' of the proper coupons therefor. Coupons for each installment of interest shall 299 POLITICAL CODE, § 3480 be attached to said bonds and shall bear the facsimile signature of tlic county auditor. The principal of said bonds shall be made paj-able on the first day of July, or the first day of January, and in such years as the trustees may prescribe, but said bonds shall be payable serially within twenty years from their date in the manner following, to wit: (1) Not less than ten per centum of the aggregate face value of bonds issued shall be payable within ten years from their date. (2) Not less than ten per centum of the aggregate face value of bonds remaining unpaid at the end of ten years shall be payable each year beginning with the eleventh year from their date, until the whole amount of said bonds has been paid. Said bonds shall be substantially in the following form: United States of America. State of California. County of . ^ No. . $ . Eeclamation District No. . Reclamation District No. — - — , for value received hereby acknowl- edges itself indebted to and promises to pay to the holder hereof at the office of the treasurer of said county, in the state of California, on the first day of 19 — , the sum of $- , in gold coin of the United States of America, with interest thereon in like gold coin from date hereof until paid, at the rate of per cent, per annum, payable at the office of said treasurer semi-annually on the first day of January and the first day of July in each year on presentation and surrender of the interest coupons hereto attached. This bond is one of a series of bonds of like tenor and efEect, except as to denomination and maturity, numbered from to inclusive, amounting in the aggre- gate to dollars, issued in accordance with section three thousand four hundred eighty of the Political Code of the state of California pursuant to an election held in said reclamation district on the day of , 19 — , authorizing its issuance, and is based upon and secured by an assessment levied on the lands in said district, and filed in the oflfice of the county treasurer of said county of on the day of , 19 — , and the said reclamation district does hereby certify and declare that said election was duly called and held upon due notice, and the result thereof was duly canvassed and ascertained, in pursuance of and in strict conformity with the laws of the state of California applicable thereto, and that all of the acts and conditions and things required by law to be done, precedent to and in the issue of said bonds have been done and have been performed in regular and in due form and in strict accordance with the provisions of the law authorizing the issuance of reclamation bonds. In testimony whereof, the said district, by its board of trustees, has caused this bond to be signed by the president of said board and attested by the auditor of said county of with his seal of office affixed this ^— day of , 19—. . - .^ President of said board. Attest: . Auditor of the county of , State of California. § 3480 POLITICAL CODE, 300 And the interest coupons may be substantially in the following form: No. . $ . The county treasurer of county, California, will pay to the holder hereof on the day of , 19 — , at his office in said county of ■ ■ the sum of $ in gold coin of the United States out of the funds of Reclamation District No.^ for interest on bond of said district numbered . County auditor. The treasurer of said main county shall place the bonds prepared pursuant to this act to the credit of the district. Thereafter when directed by resolution of the trustees of the district, the treasurer of said county may sell the whole or any designated number of said bonds for the best i>rice obtainable therefor, but in no event for less than ninety per cent of the face value of said bonds and the accrued interest thereon.* Before making a sale of said bonds, notice shall be given by the said county treasurer by publication at least once a week for two weeks in a newspaper of general circulation published in said main county, that he will sell a specified amount of said bonds, and stating the day, hour and place of such sale, and asking sealed proposals for the purchase of said bonds, or any part thereof. At the time appointed the county treasurer shall open the bids and award the bonds to the highest responsible bidder. He may, and upon written request of a majority of the trustees must, reject any and all bids. Any sale by the county treasurer and delivery of the bonds thereunder shall be con- clusive evidence in favor of the purchaser and all subsequent holders of the bonds that such sale was made upon due authority and notice. The proceeds of sale of said bonds shall be placed in the county treasury- to the credit of said district, and a proper record of such transaction shall be made upon the books of said county treasurer. At any time within thirty days after said bonds shall have been delivered to the treasurer of the county, an action may be commenced in the superior court of said main county by the trustees of said reclamation district in its name against the lands in said district and all i^ersons owning the same or interested therein, to have it determined that said bonds are a legal obligation of such reclamation district, and in the event no such action is brought then the same may be commenced by any land owner in the district within thirty days thereafter. It shall be suffi- cient to describe said lands as all lands in the district (naming it) with- out a more specific description. The summons shall be published once a week for two weeks in some newspaper of general circulation pub- lished in the county where the action is pending. Within thirty days after the first publication of summons any owner of land in surli dis- trict, or any person interested, may appear and answer the complaint, which answer shall set forth the facts relied upon to show tlie invalidity of said bonds. The default of all defendants not so ajjpearing may be entered. Such action shall be given precedence in hearing and trial over all other civil actions in such court, and judgment rendered declar- ing such matter so contested cither valid or invalid. Any party not in default may have the right to appeal to the su[)reni(! court within thirty 301 POLITICAL CODE. § 3480 days, after entry of judgment. Judgment for the plaintiff in such pro- ceedings shall be considered as a judgment in rem and shall be conclu- sive against said district and against all lands therein and ;ill owners thereof and other interested persons. The board of trustees of said district may draw warrants upon the said county treasurer against the funds provided by sale of bonds, which said warrants shall be approved by the board of supervisors of said main county. All moneys collected by any county treasurer upon any assessment upon which bonds shall have been issued, including all moneys derived from sale of land for delinquent installments, or from redemption thereof, or from sale of lands bought by the treasurer at any such sale, shall be by such treasurer forthwith paid into the main county treasury to the credit of the bond fund of such reclamation district, and shall be used exclusively for the payment of principal and interest of said bonds issued on such assessment. The bonds of reclamation districts issued pursuant to this act which have been investigated and certified by any officer of this state now or hereafter authorized to make such investigation and certification and by the authority of which certification are declared to be legal for invest- ments by savings banks of this state may be lawfully purchased, or received in pledge for loans by savings banks, trust companies, insur- ance companies, guardians, executors, administrators and special admin- istrators, or by anj^ public officer or officers of this state or of any county, city or city and county or other municipal or corporate body within this state having or holding funds wliich they are allowed by law to invest or loan. If the trustees deem it advisable they may order a special election to be held prior to making an assessment, to determine whether or not bonds shall be issued for an amount to be stated in the order for such election, but no bonds shall, in such instance, be issued until an assess- ment for the amount of the bonds authorized at such election shall have been made and filed with the county treasurer. The lien of any unpaid assessment upon which bonds shall have been issued shall continue until all said bonds shall have been paid in full, and if for a.ny reason any part of such principal or interest of said bonds shall remain unpaid after enforcement of said assessment as in this article provided, the board of supervisors of the main county shall order an additional or supplemental assessment to be made as provided in section three thousand four hundred fifty-nine, sufficient to pay such unpaid principal and interest; which additional or supplemental assess- ment shall be enforced and collected in the same manner as the original assessment. If any district having authorized the issuance of a series of bonds shall issue an additional series of bonds based on another assessment, the dates of maturity of such additional series of bonds shall be such that the latest maturities thereof shall not exceed thirty years and the earliest maturity of bonds of such additional series shall be later than the latest maturity of bonds of any earlier series. All provisions of this section relative to the original issue of bonds shall apply to such § 3480 POLITICAL CODE. 302 additional series of bonds so far as applicable and also so far as appli- cable shall affect existing reclamation districts as well as those here- after formed. Any district which has issued bonds of different denominations, may, by an order entered in its minutes, upon request of holders thereof, and upon the deposit of the bonds issued and outstanding with the board of trustees, issue to the holders of such deposited bonds, bonds of the district in the same form but in different denominations, but having the same aggregate face value and maturity. Such bonds shall be executed by all of the persons who are required by law to execute the original bonds for which such exchange is made, and the said bonds so deposited shall be thereupon canceled by the treasurer of the main county and the board of trustees of the district. Whenever in any reclamation district in the state a bond issue of said district has been authorized prior to this amendment then the provisions of this section hereby amended in respect to the manner of procedure by which the assessments are called in to meet payments on account of principal or interest of such bonds, and also the provision herein contained by which the assessinent shall continue in full force and effect as constituting a lien upon the several tracts of land within said district under the provisions of section three thousand four hundred sixty-three of this code until the principal and interest of all bonds issued on the basis of said assessment shall have been paid in full, shall apply to and inure to the benefit of the bonds which may have been issued by any reclamation district in this state prior to the date of the enactment of this amendment. Upon a sale of any of the bonds provided herein the county treas- urer of the main county is hereby authorized to accept in payment for said bonds, either in whole or in part, outstanding warrants of such district at their face value, together with the accrued interest thereon. Where bonds of the district have been authorized to be issued on such assessments all unpaid assessments shall bear interest at the rate of seven per cent per annum from the date of the bonds issued thereon until such bonds shall have been fully paid and discharged, and the interest due at any time on said unpaid assessments may be called with- out calling any installment of the said assessment. The word install- ment as used in this section shall be construed as applying to interest as well as the principal as the case may be. At least ninety days before any interest date of tlie bonds, the county treasurer of tlie main county shall estimate the amount of money necessary to pay interest and principal maturing on such interest date after crediting thereon the funds in the treasury applicable to the pay- ment thereof, and shall add thereto fifteen per cent of such aggregate Bum to cover possible delinquencies, and said county treasurer shall thereupon cause to be published once a week for two weeks in some newspaper of general circulation published in said county a notice sub- stantially in the following form: (Name of reclamation district.) Notice is hereby given that an in- stallment of assessment (describing it) of (amount or proportion thereof including interest thereon or only for interest) is payable within thirty 303 ' POLITICAL CODE, § 3480 days from (date) by all assessed land owners of said district in the county of (name of county) to tlie treasurer of said county. All or any part of said installment or interest whicli shall remain unpaid on the (day fixed) will be delinquent, together with accrued interest tliereon, with twenty per cent of such installment and interest added as penalty. Dated (date). (Signed) — Treasurer of county. If no newspaper is published in said county, such publication shall be made in a newspaper published in an adjoining county. If any part of such installment or any interest thereon shall remain unpaid at the ex- piration of thirty days from the date of said notice, it shall become delinquent and twenty per cent of the unpaid amount of said install- ment and interest shall be added thereto and collected by said treasurer. When any installment shall have become delinquent, said treasurer shall within ten days publish once a week for two weeks in a newspaper of general circulation in said county (or if no newspaper is published therein, then in a newspaper published in an adjoining county), a notice containing a description of each parcel of land assessed in the district in said county whereon such installment is delinquent, as such descrip- tion appears on the assessment list, the name of the person to whom it is assessed, to unknown owners if such is the fact; the amount of the installment delinquent on such parcel, the amount of interest thereon reckoned to the day of sale, the amount of said twenty per cent penalty thereon, and a notice that each of said parcels will be sold at public auction by said county treasurer in front of the courthouse of said county, at a specified day and hour which shall not be less than thirty days nor more than sixty days from the date of delinquency, to pay said delinquent installment, with said accrued interest and penalty. At the time stated in said notice, the county treasurer shall sell each parcel of land described in said notice to the highest bidder, unless prior there- to he shall have received payment in full of said delinquent installment together with such interest and penalty. No bid for any parcel shall bo accepted less than the aggregate sum then due on said installment thereon, with interest and penalty, and such sale shall be made for cash (except the treasurer may receive from any purchaser at their face value in lieu of cash, bonds of said district or their interest coupons, issued on said assessment and then matured or to mature within sixty tlays after such sale). Any bond or coupon so received in payment shall be by the treasurer forthwith canceled and filed in the office of the treasurer of the county wherein the greater part of the land of the district is situated, hereinafter called the main county. If the entire amount of any such bond or coupon tendered in payment shall not be required to complete payment of the purchase money, the treasurer shall indorse thereon as paid, the amount of such purchase money credited thereon. If no bid is made for any parcel at such sale equal to the amount of the installment delinquent thereon, with interest and penalty, the treasurer shall bid in and sell said parcel to himself and his suc- cessors in office, as trustee of the bond fund of said district, as pur- chaser, for the amount of said installment, interest and penalty. The treasurer shall execute to each purchaser, including himself as a trustee, § 3480 POLITICAL CODE. ' 304 a certificate of sale, and shall record a duplicate in the county recorder's office. Any person interested in the said property may redeem the same at any time within one year after the date of sale, by paying to the county treasurer for such purchaser a sum equal to the purchase price stated in the certificate, with interest thereon at the rate of twelve per cent per annum from the date of sale to such redemption. If no redemption shall be made within one year, the treasurer upon demand and surrender of such certificate of purchase, shall execute to the pur- chaser, his heirs or assigns, a deed of conveyance of the parcel of land described in such certificate, which deed shall convey to the grantee therein named the said land free and clear of all encumbrances, except state, county and municipal taxes, and except any portion of any re- clamation assessment remaining unpaid at the date of said sale; each installment whereof may be called and collected as herein provided, except that no parcel sold and conveyed to the district shall thereafter be subject to sale by the treasurer for delinquent installments. Every deed by a county treasurer purporting to be executed under this section shall be prima facie evidence of the truth of the matters therein recited, and of ownership by the grantee to the lands therein described. The treasurer of the main county shall credit to the bond fund of the dis- trict all money collected by him by sale or otherwise, upon assessments against which bonds shall have been issued, including interest and penal- ties, and all moneys received by him from treasurers of other counties upon account of such assessments, and he shall likewise credit to said fund the amounts of purchase money paid in bonds or coupons on sales made for said assessment by himself or reported to him by any other treasurer. Each treasurer shall charge to the general fund of the dis- trict, or to its bond fund if he has no money to the credit of its general fund, the expense of publication of notices and of recording certificates of sale. The treasurer of any county other than the main county shall without delay account for and transmit to the treasurer of the main county all money collected by him upon any assessment by sale or otherwise, deducting his expenses of publication and recording and shall also transmit all canceled bonds and coupons received in payment on any delinquent sale, and a memorandum of all sums indorsed as paid upon account of purchase money on any bonds or coupons, specifying the same. All moneys collected by any treasurer upon account of an assessment on which bonds shall not have been issued shall be similarly accounted for and transmitted to the treasurer of the main county, and shall be credited by him to the general fund of the district. Any parcel of land bid in and purchased by a treasurer as aforesaid, as trustee of the bond fund of the district, may be sold and conveyed by him or his successor ill office at any time after the expiration of said redemption period of one year, at public or private sale and with or without notice, to any jKTSon paying him the amount for which said parcel was bid in by said treasurer at delinquent sale, with interest thereon at the rate of seven jicr cent per annum, compounded yearly, from the date of said delin- (juent sale, and also the amount of all subsequent installments then de- linquent, with accrued interest and penalties thereon. Such payment may be made either in cash or in matured bonds and coupons issued on said assessment, taken at tlieir face value, nnd the treasurer shall exe- 305 POLITICAL CODE. § 3513 cute a deed to such, purchaser upon such sale, conveying said property free of encumbrance except state, county and municipal taxes, and the unpaid balance of said assessment. If any land so held by a county treasurer as trustee of the bond fund of a district shall remain unsold after the final installment of the assessment shall have been collected by payment or sale, then each such treasurer shall sell all said land so held by him at public auction to the highest bidder for cash, upon two weeks published notice, and shall deposit the proceeds of such sale in the treasuiy of the main county, to the credit of the bond fund of the district. Any balance remaining in such bond fund, after payment in full of the 2:)rincipal and interest of all outstanding bonds of the district, shall be by the treasurer transferred to the general fund of the dislnict. In the event that ownership of any property in the district is changed after the making of the last assessment-roll for the district, the owner thereof shall be entitled to vote thereon upon production of the original or of certified copy of the record thereof in the office of the county recorder of the county in which the property is situate. Any person not legally qualified to vote who shall make any false statement in respect to his right to vote shall incur all of the penalties provided in the Penal Code of the state of California for persons illegally voting at elections. [Amendment approved May 2G, 1917; Stats. 1917, p. IISI.] § 3513. Nonpayment of principal and interest on state lands. Cer- tificate of purchase void, when. Land excepted. Notice of forfeiture. In case payment is not made within fifty days, the lands described in the survey or location revert to the state without suit, and the survey or location is void. All subsequent payments must be made to the county treasurer, in like manner, who must indorse the same upon the certificate of purchase. The treasurer must direct the jiurchaser to take the cer- tificate of purchase so indorsed to the auditor, who must charge the treasurer with the amount received, and make his check upon the in- dorsed receipt. If any interest on the unpaid portion of the purchase price of said lands, be not paid on or before the thirtieth day of June following the first day of January upon which such interest becomes due, ten per centum of the amount thereof is hereby added as a penalty for such delinquency. If such delinquent interest, and penalty, be not paid on or before the thirty-first day of December of such year an additional penalty of ten per centum of the amount of such delinquent interest is hereby imposed upon the person or persons liable for the payment thereof. If such delinquent interest, and penalties, be not paid on or before the thirtieth day of June of the year following, the certificate of purchase shall ipso facto become null and void, and the lands de- scribed therein revert to the state without suit, and shall again become subject to entry and sale in the same manner and subject to the same conditions as apply to other state lands of like character. In the event of the happening of the contingency last mentioned, all moneys previ- ously paid on account of the purchase price of such lands, whether for principal or interest, shall become, and are hereby determined and de- clared to be forfeited to the state, and neither such delinquent purchaser nor anyone claiming under him shall be entitled to recover the same or any part thereof. The penalties and forfeitures herein provided for 20 §§ 3607-3610 POLITICAL code. 306 shall not apply to any land for which certificates of purchase were issued prior to May first, A. D. one thousand nine hundred eleven, nor to lands within any reclamation district, after certificate of the board of super- visors that works of reclamation have been commenced in such district has been filed in the register's ofiSce. Whenever any penalty, or penal- ties, hereby imposed has, or have, accrued, the treasurer must in all cases collect the full amount thereof before indorsing his receipt upon such certificate, and the auditor must ascertain such fact before appending his check thereto. Immediately following the thirtieth day of June, A. D. one thousand nine hundred eighteen, and annually thereafter, the register of the state land office shall note upon his records all forfeitures herein and hereby declared, and shall forward to the recorder of each county wherein any of said lands may be situate a notice of such forfeiture, stating therein the name and postoffice address of the purchaser, and the name and postoffice address of the assignee, grantee, or successor in interest of such purchaser in all cases wherein notice of any assign- ment of such certificate of purchase, or of any conveyance or other trans- fer of title to any part of the lands therein described shall have been filed in his office prior to the date of such forfeiture, such notice shall also show the number and date of the survey or location and of the certificate of purchase, and shall contain a description of the lands affected thereby. It shall be the duty of the recorder to receive and file such notice and to record the same in a book of deeds. Such notice is, from the time it is filed in the recorder's office, constructive notice of the contents thereof to subsequent purchasers and mortgagees, and to all other persons who may thereafter attempt to acquire any interest in, or lien upon, any of the lands in such notice described. [Amendment approved April 5, 1917; Stats. 1917, p. 64.] § 3607. Property subject to taxation. All property in this state, except as otherwise provided in the constitution of this state, is subject to taxation. Nothing in this code shall be construed to require or permit double taxation. [Amendment approved Mav 11, 1917; Stats. a917, p. 427.] § 3608. Shares of stock in corporations. Shares of stock in corpora- tions possess no intrinsic value over and above the actual value of the property of the corporation which they stand for and represent. The assessment and taxation of such shares, and also of all corporate prop- erty would be double taxation. All property belonging to corporations shall be assessed and taxed, in the manner provided by law; but no assessment sliall be made of shares of stock in any corporation except as prescribed in the constitution of this state and the laws enacted pursuant to such provisions of the constitution. [Amendment approved May 11, 1917; Stats. 1917, p. 427.] §3609. Shares of national banks. [Repealed 1917; Stats. 1917, ].. 12S.J §3610. Shares of national banks. [RcpcaU'.l 1917; Slats. 1917, u. 428.1 307 I'Oi.iTicAL CODE. §§3627-3629 §3627. Assessed at full cash valae. All taxable property must bo assessed at its full cash value. Land and improvements thereon shall be separately assessed. Cultivated and uncultivated land, of the same quality, and similarly situated, shall be assessed at the same value. [Amendment approved May 11, 1917; Stats. 1917, p. 42S.] § 3628. Assessment of taxable property. Except as otherwise pro- vided in the constitution of this state, all taxable property shall be assessed in the county, city, city and county, town, township, or district in which it is situated. Land shall be assessed in parcels, or subdi- visions, not exceeding six hundred forty acres each; and tracts of lantl containing more than six hundred forty acres, which have been section- ized by the tTnited States government, shall be assessed by sections or fractions of sections. Land sold by the state for which no patent has been issued, shall be assessed the same as other land, but the owner shall be entitled to a deduction from such assessed valuation in the amount due the state as principal upon the purchase price. The assessor must, between the first Mondays in March and July of each year, ascertain the names of all taxable inhabitants, and all the property in his county subject to taxation, except such as is required to be assessed by the state board of equalization and must assess such prop- erty to the persons by whom it was owned or claimed, or in whose possession or control it was, at twelve o'clock meridian of the first Monday in March next preceding; but no mistake in the name of the owner or supposed owner of real property shall render the assessment thereof invalid. In assessing solvent credits, not secured by mortgage or trust deed on real estate, a deduction therefrom shall be made of debts due to bona fide residents of this state. [Amendn>ont approved May 11, 1917; Stats. 1917, p. 428.] § 3629. Statement of property owned. The assessor must exact from each person a statement, under oath, setting forth specifically all the real and personal property owned by such person, or in his possession, or under his control, at twelve o'clock M. on the first Monday in March. Such statement shall be in writing, showing separately: 1. All property belonging to, claimed by, or in the possession or under the control or management of such person. 2. All property belonging to, claimed by, or in the possession or under the control or management of any firm of which such person is a member. 3. All property belonging to, claimed by, or in the possession or under the control or management of any corporation of which such person is president, secretary, cashier, or managing agent. 4. The county in which such property is situated, or in which it is liable to taxation, and, if liable to taxation in the county in which the statement is made, also the city, town, township, school district, road district, or other revenue districts in which it is situated. 5. An exact description of all lands, in parcels or subdivisions, not exceeding six hundred forty acres each, and the sections and fractional sections of all tracts of land containing more than six hundred forty acres, which have been sectionized by the United States government, §§ 3641-3650 poLiTicAx, code. 308 improvements and personal property, including all vessels, steamers, and other watercraftj and all taxable state, county, city, or other municipal or public bonds, and the taxable bonds of any person, firm, or corpora- tion, and deposits of money, gold-dust, or other valuables, and the names of the persons with whom such deposits arc made, and tlie places in which they may be found. 6. All solvent credits, unsecured by deed of trust, mortgage, or other lien on real or personal property, due or owing to such person, or any firm of which he is a member, or due or owing to any corporation of which he is president, secretary, cashier, or managing agent, deducting from the sum total of such credits such debts only, unsecured by trust deed, mortgage, or other lien on real or personal property, as may be owing by such person, firm, or corporation to bona fide residents of this state. No debts shall be so deducted unless the statement shows the amount of such debt as stated under oath in aggregate. Whenever one member of a firm, or one of the proper officers of a corporation, has made a statement showing the property of the firm or corporation, another member of the firm, or another officer, need not include such property in the statement made by him; but his statement must show the name of the person or officer who made the statement in which such property is included. [Amendment approved May 11, 1917; Stats. 1917, p. 429.] § 3641. Property of firm or corporation assessed where situated. [Eepealed 1917; Stats. 1917, p. 429.] § 3643. Ferries. A ferry-boat is a vessel traversing across any of the waters of the state, between two constant points, regularly employed for the transfier of passengers and freight, authorized by law so to do. Where ferries connect more than one county, the wharves, storehouses, and all stationary property belonging to or connected with such fer- ries, must be assessed, and the taxes paid, in the county where located. The value of all watercraft, and of all toll bridges connecting more than one county, must be assessed in equal proportions in the counties connected by such ferries or toll bridges. [Amendment a])proved May 11, 1917; Stats. 1917, p. 429.] §3650. Assessment-book. Listing of property. The assessor must prepare an assessment-book, with ai)propriate headings as directed by the state board of ecpialization, in which must be listed all property within the county, and which siiall show under the approjjriate head: 1. The name and postoffice address, if known, of the person to whom the property is assessed. 2. Land, by township, range, section, or fractional section; and when Hucli land is not a congressional division or subdivision, by metes and bounds, or otlier description sufficient to identify it, giving an estimate of the number of acres, not exceeding in any tract six hundred forty acres, locality, and the improvements thereon. When any tract of land is situated in two or more school, road, or other revenue districts of tlie county, the part in each such district must be separately assessed., The iinjirovenients to be as.sessed against the jiarticular Section, tract, or lot of land upon which they are located; city and town lots, naming 309 POLITICAL CODE. § 3663 the city or town, and the number of the lot and block, according to the system of numbering in such city or town, and the improvements thereon. 3. All property within the limits of an incorporated city or town shall be assessed in an assessment-book separate and distinct from the assessment-book containing the assessment of property situate outside the limits of such incorporated city or town; or, if but one assessment- book is used, then in a separate and distinct part of such book; pro- vided, that all property assessed shall be arranged on the assessment- book by elementary school districts, as such districts are legally formed and exist on the first Monday in March of each year; provided, further, that where any school district embraces property situate both within and without the limits of an incorporated city or town, such property shall be assessed and kept separate and distinct on the assessment- book. 4. All personal property, showing the number, kind, amount, and quality; but a failure to enumerate in detail such personal property does not invalidate the assessment. 5. The cash value of real estate. 6. The cash value of improvements on such real estate. 7. The cash value of improvements on real estate assessed to persons other than the owners of the real estate. 8. The cash value of all personal property, exclusive of money. 9. The amount of money. 10. Taxable improvements owned by any person, firm, association, oi corporation, located upon land exempt from taxation, shall, as to the manner of assessment, be assessed as other real estate upon the assess- ment-book. No value shall, however, be assessed against the exempt land, nor under any circumstances shall the land be charged with or become responsible for the assessment made against any taxable im- provements located thereon. 11. The school, road, and other revenue districts in which each piece of property assessed is situated. 12. The total value of all property. 13. In entering assessments containing solvent credits subject to deductions, as provided in section three thousand six hundred twenty- eight of this code, he must enter in the proper column the value of the debts entitled to exemption and deduct the same. In making the de- ductions from the total value of property assessed, as above directed, he must enter the remainder in the column provided for the total value of all property for taxation. 14. Such other things as the state board of equalization may require. [Amendment approved June 1, 1917; Stats. 1917. p. 1643.] §3663. Water ditches. Water ditches constructed for mining, manu- facturing, or irrigation purposes, and wagon and turnpike toll roatls, must be assessed the same as real estate by the assessor of the county, at a rate per mile for that portion of such property as lies within his county. [Amendment approved May 11, 1917; Stats. 1917, p. 430.] §§ 366J:, 3664a political code. 310 § 3664, Taxes for state purposes. Taxes levied, assessed and col- lected as hereinafter provided ujion railroads, including street railways, whether operated in one or more counties; sleeping-car, dining-car, drawing-room car and palaee-car companies, refrigerator, oil, stock, fruit, and other car-loaning and other car companies operating upon railroads in this state; companies doing express business on any railroad, steam- boat, vessel, or stage line in this state; telegraph companies; telephone companies; companies engaged in the transmission or sale of gas or electricity; insurance companies; banks, banking associations, savings and loan societies, and trust companies; and taxes upon all franchises of every kind and nature, shall be entirely and exclusively for state purposes, and shall be assessed and levied by the state board of equal- ization, and collected in the manner hereinafter provided. The word "company" and the word "companies" as used in section fourteen of article thirteen of the constitution of this state and in the sections of this code enacted to carry the same into effect shall include persons, partnerships, joint stock associations, companies, and corporations [New section added May 11, 1917; Stats. 1917, p. 337.] Old section 3661, relating to statements by officers of corporations to the state board of equalization, was repealed in 1917 (Stats. 1917, p. 336). § 3664a, Public utilities to pay state tax. Percentage of gross re- ceipts. 1. All railroad companies, including street railways, whether operated in one or more counties; all sleeping-car, dining-car, drawing- room car and palace-car companies, all refrigerator, oil, stock, fruit, and other car-loaning, and other car companies, operating upon the railroads in this state; all companies doing express business on any railroad, steam- boat, vessel, or stage line in this state; all telegraph and telephone com- panies; and all companies engaged in the transmission or sale of gas or electricity shall annually pay to the state a tax upon their franchises, roadways, roadbeds, rails, rolling stock, poles, wires, pipes, canals, con- duits, rights of way, and other property, or any part thereof, used exclu- sively in the operation of their business in this state, computed as follows: Said tax shall be equal to the percentages hereinafter fixed upon the gross receipts from operation of such companies and each thereof within this state. 2. Companies partly within and without state. When such companies are operating partly within and partly without this state, the gross re- ceipts within this state shall be deemed to be all receipts on business beginning and ending within this state, and a proportion, based upon the proportion of the mileage within this state to the entire mileage over which such business is done, of receipts on all business passing throngli, into, or out of this state. 3. Percentages. The percentages above mentioned shall be as follows: On all railroad companies, including street railways, five and one-fourth per cent; on all sleeping-car, dining-car, drawing-room car, palace-car companies, refrigerator, oil, stock, fruit, and other car-loaning, and other car compaTiies, three and ninety-five liundredths per cent; on all companies doing express business on any railroad, steamboat, vessel or 311 POLITICAL CODE. §§ 3664b, 3664c stage line, nine-tenths of one per cent; on all telegraph and telephone companies, four and two-tenths per cent; on all companies engaged in the transmission or sale of gas or electricity, five and six-tenths per cent. 4. In lieu of other taxes. Such taxes shall be in lieu of all other taxes and licenses, state, county, and municipal, upon the property above enumerated of such companies except as otlierwise provided in section fourteen of article thirteen of the constitution of this state. 5. '"Municipal" defined. The word "municipal" as used in section fourteen of article thirteen of the constitution of this state and in the sections of this code enacted to carry the same into effect shall apply to incorporated towns and cities formed under article eleven of the con- stitution of this state and to none other. [New section added May 11, 1917; Stats. 1917, p. 337.] § 3664;b. Tax on gross premiums of insurance companies. Every in- surance company or association doing business in this state shall an- nually pay to the state a tax of two per cent upon the amount of the gross premiums received upon its business done in this state, less return premiums and reinsurance in companies or associations authorized to qo business in this state; provided, that there shall be deducted from said two per cent upon the gross premiums the amount of any county and municipal taxes paid by such companies on real estate owned by them in this state. This tax shall be in lieu of all other taxes and licenses, state, county, and municipal, upon the property of such companies, ex- cept county and municipal taxes on real estate, and except as otherwise provided in the constitution of this state; provided, that when by the laws of any other state or country, any taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or prohibi- tions, are imposed on insurance companies of this state, doing business in such other state or country, or upon their agents therein, in excess of such taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or prohibitions, imposed uj^on insurance companies, of such other state or country, so long as such laws continue ill force, the same obligations and prohibitions of whatsoever kind must be imposed by the insurance commissioner upon insurance companies of such other state or country doing business in this state. [New section added May 11, 1917; Stats. 1917, p. 337.] § 3664c. Tax on bank stock. 1. The shares of capital stock of all banks, organized under the laws of this state, or of the United States, or of any other state and located in this state, shall be assessed and taxed to the owners or holders thereof by the state board of equaliza- tion, in the manner hereinaft'Jr provided, in the city or town where the bank is located and not elsewhere. There shall be levied and assessed upon such shares of capital stock an annual tax, payable to the state, of one and sixteen hundredths per centum upon the value thereof. The value of each share of stock in each bank, except such as are in liquida- tion, shall be taken to be the amount paid in thereon, together with its pro rata of the accumulated surplus and undivided profits. The value of § 3664c POLITICAL CODE. 312 each share of stock in each bank which is in liquidation shall be taken to be its pro rata of the actual assets of such bank. 2. In lieu of other taxes. This tax shall be in lieu of all other taxes and licenses, state, county, and municipal, upon such shares of stock and upon the property of such bank, except county and municipal taxes on real estate and except as otherwise provided in the constitution of this state. 3. Value of real estate deducted. In determining the value of the capital stock of any bank there shall be deducted from the value, as defined above, the value, as assessed for county taxes, of any real estate, other than mortgage interests therein, owned by such bank and taxed for county purposes. 4. Banks liable for tax. The banks shall be liable to the state for this tax and the same shall be paid to the state by them on behalf of the stockholders in the manner and at the time hereinafter provided, and they sh^ll have a lien upon the shares of stock and upon any divi- dends declared thereon to secure the amount so paid. 5. Tax on unincorporated banks. The moneyed capital, reserve, sur- plus, undivided profits, and all other property belonging to unincorpo- rated banks or bankers of this state, or held by any bank located in this state w^hich has no shares of capital stock, or employed in this state by any branches, agencies, or other representatives of any banks doing business outside of the state of California, shall be likewise assessed and taxed to such banks or bankers by the said board of equalization, in the same manner as above provided for incorporated banks, and taxed at the same rate that is levied upon the shares of capital stock of in- corporated banks, as provided in the first paragraph of this section. 6. Branch of bank doing business outside of state. In the case of n branch, an agency, or other representative of any bank doing business outside of this state, the capital of said branch, agency, or representa- tive used in this state shall be taken to be the average amount owed t)v the said branch, agency, or representative to the bank of which it is a branch, agency, or representative during the year ending the first Monday in March. The value of said property shall be determined by taking the entire property invested in such business, together with all reserve, surplus, and undivided profits, at their full cash value, and de- ducting therefrom the value as assessed for county taxes of any real estate, other than mortgage interests therein, owned by such bank or banker and taxed for county purposes. Such taxes shall be in lieu of all other taxes and licenses, state, county and municipal, upon the prop- erty of tlie banks and bankers mentioned in this section, except county and municipal taxes on real estate, and except as otherwise provided in tlie constitution of this state. All moneyed capital and property of the banks and bankers mentioned in this paragraph shall be assessed and taxed at tiic same rate as an incori)Orated bank, provided for in this section. In iletermining the value of the moneyed capital and property of the banks and bankers mentioned in this section, the said state board of efjiinliz.'itinn Hhall include and assess to such banks all property and 313 POLITICAL CODE. §§ 3664d-3665a everything of value ovi^ned or held by them which would go to make up the value of the capital stock of such banks and bankers, if the same were incorporated and had shares of capital stock. 7. "Banks" deifined. The word "banks" as used in section fourteen of article thirteen of the constitution of this state and in the sections of this code enacted to carry the same into effect shall include banking associations, unincorporated banks and bankers, branches, agencies or other representatives of any banks doing business outside of the state of California, savings and loan societies, and such trust companies, as conduct the business of receiving money on deposit, but shall include building and loan associations. [New section added May 11, 1917; Stats. 1917, p. 338.] § 3664d. Assessment and tax of franchises. All franchises, other than those of the companies mentioned in sections three thousand six hundred sixty-four a, three thousand six hundred sixty-four b, and three thousand six hundred sixty-four c of this code, shall be assessed at their actual cash value, after making due deduction for goodvvrill, in the manner hereinafter provided, and shall be taxed at the rate of one and two- tenths per centum each year, and the taxes collected thereon shall be exclusively for the benefit of the state. These franchises shall include the actual exercise of the right to be a corporation and to do business as a corporation under the laws of this state and the actual exercise of the right to do business as a corporation in this state when such right is exercised by a corporation incorporated under the laws of any other state or country, also the right, authority, privilege, or permission to maintain wharves, ferries, toll roads, and toll bridges, and to construct, maintain or operate, in, under, above, upon, through or along any streets, highways, public places, or waters, any mains, piiaes, canals, ditches, tanks, conduits or other means for conducting water, oil, or other sub- stances. [New section added May 11. 1917; 8tats. 1917, p. 338.] § 3665. Municipal franchises and privileges. Nothing in any section of this code shall be construed to release any company from the pay- ment of any amount agreed to be paid or required by law to be paid, now or hereafter, for any special privilege or franchise granted by any of the municipal authorities- of this state. [New section added May 11, 1917; Stats. 1917, p. 340.] The old section 36(i5, relating to the assessment of railway fran- chises and property, was repealed in 1917 (Stats. 1917, p. 336). § 3665a. "Gross receipts from operation" defined. Hearing on claim of double taxation. 1. The term "gross receipts from operation" as used in section three thousand six hundred sixty-four a of this code is hereby defined to include all sums received from business done within this state, during the year ending the thirty-first day of December last preceding, including the company's proportion of gross receipts from any and all sources on account of business done by it within this state, in connection with other companies described in said section. Any company claiming that the levy of the percentage fixed by section three thousand six hundred sixty-four a of this code on the total gross § 3665b POLITICAL CODE. 314 receipts of sucli company results in double taxation of the property of such company, may make application to the state board of equalization for a hearing on such matter. Said board shall have power to take evidence and determine the facts with respect to such clafm and in event said beard finds the claim of such company to be true, said board may authorize such company to deduct from its reported gross receipts that amount of such receipts which, if included in such total gross receipts, would cause such double taxation. 2. Companies partly within and without state. In case of companies operating partly within and partly without this state, the gross receipts within this state shall be deemed to be all receipts on business beginning and ending within this state, and the proportion based upon the propor- tion of the mileage within this state to the entire mileage over which sucli business is done, of receipts on all business passing through, into or out of this state. 3. No deductions allowed. No deduction shall be allowed from the gross receipts from operation for commissions, rebates, or other repay- ments, except only such refunds as arise from errors or overcharges; nor shall any deduction be allowed for payments from gross receipts to other companies for any purpose whatsoever, except such refunds as arise from errors or overcharges. 4f Income from nonoperative property not included. Income derived from property not defined in this section and in sections three thousand six hundred sixty-four a, three thousand six hundred sixty-five h and three thousand six hundred sixty-five c of this code as operative property shall not be included in the gross receipts for the purpose of determining the tax on the property and franchises provided for in section three thousand six hundred sixty-four a of this code. [New section added May 11, 1917; Stats. 1917, p. 341.] § 3665b. "Operative property." The term "operative property" as used in any section of this code shall include: (a) Railroad companies. In the case of railroad companies, including street railways: The franchises, roadway, roadbed, rails, rolling stock, rights of way, sidings, spur-tracks, switches, signal systems, cranes and structures used in loading and unloading cars, fences along the right of way, poles, wires, conduits, power lines, pi'crs, used exclusively in the operation of the railroad business, depot grounds and buildings, ferry- boats, tugs and ear-floats used exclusively in the operation of the rail- road business; machine-shops, repair-shops, roundhouses, car barns, power- iiouscs, substations, and other buildings, used in the operation of the railroad business and so much of the land on which said shops, houses, barns, and other buildings are situate as may be required for the con- venient use and occupation of said buildings. (b) Car companies. In the case of sleeping car, dining car, drawing- room ear ami palace car companies, refrigerator, oil, stock, fruit, and other car-loaning, and other oar companies operating ujion railroads in tliis stnti': 'I'lie f rniicliiscs, cars, and other rolling stock. 315 POLITICAL CODE. § 3665b (e) Express companies. In the case of companies doing express busi- ness on any railroad, steamboat, vessel, or stage line in tiiis state: The franchises, cars, trucks, wagons, horses, liarness, and safes. (d) Telegraph and telephone companies. In the ease of telegrapli and telephone companies doing business in this state: The franchises, rights of way, poles, wires, pipes, conduits, cables, switchboards, telegraph and telephone instruments, batteries, generators, and other electrical appli- ances, and exchange and other buildings used in the telegraph and tele- phone business and so much of the land on which said buildings are situate as may be required for the convenient use and occupation of said buildings. (e) Gas and electric companies. In the case of companies engaged in the transmission or sale of gas or electricity: The franchises, towers, poles, wires, pipes, canals, tunnels, ditches, flumes, aqueducts, conduits, rights of way, dams, reservoirs, water and water rights used exclusively in the business of the transmission or sale of gas or electricity; trans- formers, substations, gas-holders, gas and electric generators, switches, switchboards, meters, electrical and gas appliances, oil-tanks, power plants, power-houses, and other buildings and structures used in the operation of the business of the transmission or sale of gas or electricity and so much of the land on which said buildings and structures are situate as may be required for the convenient use and operation of said buildings; provided, that the operative property of the companies enum- erated in this section, shall also include any other property not above enumerated that may be reasonably necessary for use by said companies exclusively in the operation and conduct of the particular kinds of busi- ness enumerated in section three thousand six hundred sixty-four a of this code. The operative property mentioned in subdivisions (a), (b), (c), (d), and (e), of this section shall not be subject to taxation for county, municipal, or district purposes except as otherwise provided for in the constitution and laws of this state; provided, however, that when any piece or parcel of property in this state owned by any of the com- panies mentioned in section three thousand six hundred sixty-four a of this code is used partially \>y such company for any use reasonably neces- sary to the operation of any of the lines of business enumerated in said section and such property is also partially rented to or used by others or is partially used by the company for some other lines of business not among those so enumerated, or for purposes not reasonably necessary to the operation of any of said enumerated lines of business, it shall be considered operative property in that proportion only which that part of the property mentioned in this proviso used by the company in the operation of any of said enumerated lines of business boars to the whole of the property mentioned in this proviso. 2. Construction property nonoperative. Any property of the classes mentioned in this section owned by a company constructing a new rail-, road, street railway, telegraph or telephone system, or plant or system for the transmission or sale of gas or electricity, no part of which new road, line, plant or system is in operation, and the same classes of prop- erty when held by an operating company solely for the construction of a new railroad or railway line, a new telegraph or telephone system, or a § 3665c POLITICAL CODE. 316 new plant or system for the transmission or sale of gas or electricity, and not to be used for betterments or additions to roads, lines, plants, or systems already under operation, shall not be considered operative prop- erty and shall be subject to assessment and taxation for county, muni- cipal, and district purposes. Any part of such property of any company mentioned in this section shall be classed and assessed as operative prop- erty when the state board of equalization shall determine that sueh property is rendering a substantial public service. 3. Rules of state board of equalization. The state board of equaliza- tion shall have power to make rules and issue instructions not incon- sistent with the constitution and laws of this state for the guidance of assessors in determining what is operative property and what is non- operative property of companies named in this section. [New section added May 11, 19i7; Stats. 1917, p. 341.] § 3665c. Annual report by companies. Such person or officer, as the state board of equalization may designate, of each of the companies mentioned in section three thousand six hundred sixty-four a of this code, shall within ten days after the first Monday in March of each year, file with the said board a report signed and sworn to by one or more of said persons or officers, showing in detail for the year ending the thirty-first day of December last preceding, the various items as follows: 1. Name, etc. The name of the company, its nature, whether a person or persons, a partnership (with names of partners), an association, or cor- poration, and under the laws of what state, territory or country organized, the nature of its business, the location of its principal place of business, the names and postoffice addresses of its president, secretary, auditor, treasurer, superintendent, and general manager, the location of its prin- cipal place of business in this state, the name and postoffice address of its chief officer or managing agent in this state, and the names and addresses of all subsidiary companies whose property and business are operated by it and the names and addresses of any company of which it may be subsidiary. 2. Operative property. Each of the companies mentioned in said sec- tion shall report, in such detail as the state board of equalization shall prescribe, ail of its property in this state which comes under the definition of operative property in section three thousand six hundred sixty-five b of this code. When any such company operates both within and with- out this state it shall report the mileage over which it operates both within and without this state. It shall also report the location of said firoperty within this state by counties, cities and counties, municipalities, and districts, in siu-h m'anner and in such detail as said board of equaliza- tion shall prescribe. It shall also, at the same time, furnish a duplicate of the report cov'ering so much of said property as is located in any count}', city and county, munici|)ality, or district, to the assessor of the county, city and county, city or district in which such ])ro[)erty is located. Tlie state board of equalization may require the filing in its office of maps descriptive of all the operative property of any such companies, and may jirescribe the form and size of sucli maps and the details to be shown therein, and may require that similar maps descriptive of the 317 POLITICAL CODE. § 3665c operative property within each county, city and county, municipality, or district, shall be filed in the assessor's office in each county, city and county, city, or district in which any of said property is located. 3. Capital stock. The amount of capital stock issued, and the amount of money rcL-oived therefor, showing separately the capital stock issued and the money received therefor of the operating company and of each subsidiary company in this state. 4. Dividends. The dividends paid during the year ending the thirty- first day of December last preceding, the surplus fund, if any, on said thirty-first day of December, or between such periods as the state board of equalization may determine, those of the operating company and of each subsidiary company in this state to be shown separately. 5. Debts. The funded and floating debts and the rate of interest thereon, showing separately the debts of the operating company and of each subsidiary company in this state, on the thirty-first day of Decem- ber last preceding. 6. Value of stock. The market value of the stock and of the out- standing bonds, or, when said stock or bonds have no- market value, the actual value thereof, for such periods and for such dates as the state board of equalization shall prescribe. 7. Improvements. The amounts ^xpended for improvements during the year ending the thirty-first day of December last preceding, how ex- pended and the character of the improvements. 8. Gross receipts. The gross receipts from operation within this state for the year ending the thirty-first day of December last preceding, the gross receipts from such classes of business as the state board of equaliza- tion may designate, to be reported separately; also, where the property and business are partly within and partly without this state, the gross receipts for said period on all business beginning and ending entirely within this state, and that proportion of the gross receipts from all business passing through, into, or out of this state, which the mileage within this state bears to the total mileage over which such interstate business is done as further defined in section three thousand six hundred sixty-five a of this code. 9. Expenses. The operating and other expenses. in. Profit and loss. The balances of profit and loss, between such periods as the state board of equalization may determine. 11. Other matters. Subsidiary companies. Defined. Such other mat- ters as the state board of equalization may deem necessary in order to enable it to assess and levy the taxes provided for in section fourteen of article thirteen of the constitution of this state. Each such company shall include in its report the property and business of all subsidiary companies as that term is hereinafter defined in this section, whose property and business are operated by it, whether by virtue of a lease, an operating contract or agreement, of by virtue of control through the ownership of stock or otherwise, even though such subsidiary companies maintain an independent legal existence and separate accounts. § 3666 POLITICAL CODE. 318 The term "subsidiary company" is hereby defined as applying to a company which is merged in the operating system of an operating com- pany in any of the ways above stateil, whose property and franchises would be taxable under section three thousand six hundred sixty-four a of this code if the same were operated independently. No separate report need be rendered by a subsidiary company whose property, franchises, and operations are fully and completely covered by the report of an operating company, unless the state board of equalization shall deem such a separate report necessary. Each such company operating the property or business of a subsidiary company in some line of business to which a different percentage of the gross receipts is applied by said section from that applied by said section to tue gross receipts of the operating company, shall report such receipts of the subsidiary company separately. [New section added May 11, 1917; Stats. 1917, p. 313.] " § 3666. Notice by assessor of property regarded nonoperative. Hear- ing. 1. If any assessor finds in the report of the operative property in his county, city and county, municipality, or district, furnished to him by any of the companies as required in section three thousand six hundred sixty-five c of this code, any piece or parcel of property which he re- gards as nonoperative property, or ^lartially ojDerative and partially non- operative, he shall, within thirty days after receiving such report, notify the state board of equalization thereof by mail, which notice shall contain a general description of the property and the assessor's reasons for regarding the same as nonoperative property. He shall also mail a copy of the notice to the company whose property is involved. The said board shall investigate the nature of the property and its use, and, if an agreement between the said board, the assessor, and the company as to the proper classification of such property cannot be reached, then the said board shall, under such rules of notice as it may deem reasonable, set a date for a hearing, at which the assessor and the company may be present or represented. At such hearing the board shall, from the evidence presented and from the best information it can obtain decide the matter in dispute, and determine whether such property is operative or nonoperative or in what proportion operative and in what proportion nonoperative. The said board shall enter its decision in its minutes, and shall send a copy thereof to the county assessor and the company, and also to the j)roper officer of any municipality affected thereby. Said decision shall be binding upon all parties, the state, the county, city and county, municipality, or district, and the company, unless set aside by a court of competent jurisdiction, and each such assessor must note the decision on his assessment-roll, and must assess such property accordingly. 2. Notice by state board of equalization of property regarded nonop- erative. Hearing. If the state board of equalization sliall find in the ii'port, of ojicrat ivc property furnislied to said board by any company under tJie provisions of section three thousand six hundred sixty-five c of this code, any piece or parcel of property which said board regards' as nonoperative property, or partially operative and partially nonop- erative, the board shall, within thirty days after receiving such report, notify said company thereof in writing, wliii-h notice ■<\\\\\\ contain a 319 POLITICAL CODE. § 3666a general description of the property and tlie reasons for regarding the same as nonoperative. It shall also mail a copy of the notice to any assessor in whose county, city and county, municipality, or district the property is located. If an agreement between the said board, the as- sessor, and the company as to the proper classification of such property cannot be reached, then the said board shall, under such rules of notice as it may deem reasonable, set a date for a hearing, at which the assessor and the company may be present or represented. At such hearing the board shall, from the evidence presented and from the best information it can obtain, decide the matter in dispute, and determine whether such property is operative or nouoperative, or in what proportion operative and in what proportion nouoperative. The said board shall enter its decision in its minutes, and shall send a copy thereof to the county assessor and the company, and also to the proper officer of any municipal- ity affected thereby. Said decision shall be binding upon all parties, the state, the county, city and county, municipality, or district, and the company, unless set aside by a court of competent jurisdiction, and each such assessor must note the decision on his assessment-roll and must assess the property accordingly. [New section added May 11, 1917; Stats. 1917, p. 345.] ■ Old section 366li relating- to the record of assessment of railwaN-s was repealed May 11, 1917; Stats. 1917, p. 336. § 3666a. Report by insurance commissioner. List of companies subject to additional tax. Statements by companies to insurance commissioner. The insurance commissioner of this state must on or before the last day of March in each year make and file with the state board of equalization a report showing: 1. All companies, domestic and foreign, and all firms, associations, or persons, engaged in the business of insurance in this state. 2. The total amount of the gross premiums received from its business in this state by each of said companies, firms, associations, and persons during the year ending the thirty-first day of December last preceding. 3. The amount of return premiums paid on business done in this state and the amount of reinsurance on business done in this state paid to other insurance companies or associations authorized to do business in this state, by said companies, firms, associations, and persons, during said year. 4. The amount of any county and municipal taxes paid during said year by such companies on real estate owned by them in this state, and where faid real estate is located. In making this rei^ort he shall list separately all those companies, firms, associations, or persons, which, under the second proviso in subdivision (b) of section fourteen of article thirteen of the constitution and of sec- tion three thousand six hundred sixty-four b of this code, are subject to a tax at a rate higher than two per cent on their gross premiums, or to any additional tax or burden, and shall indicate in each case the amount and character of said tax or burden. Every company, firm, association, or person engaged in the business of insurance in this state shall file with the insurance commissioner on or before the first Monday in March in each year such statements in addition to, or in modification of,, the §§ 3666b, 3666c political code. 320 statements required to be rendered under the provisions of article six- teen of chapter three of title one of part three of the Political Code as said insurance commissioner shall deem necessary to enaVjle him to pre- pare the report required of him in this section and said statements shall be verified in the same manner as is provided for the verification of other statements by insurance companies in section six hundred ten of the Political Code, except that, those filed by foreign companies shall be verified by the oath of the manager thereof residing within this state. [New section added May 11, 1917; Stats. 1917, p. 347.] § 3666b. Statement by banks. The president, secretary, treasurer, cashier, or such other otiticer as the state board of equalization may de- termine, of every bank referred to in section fourteen of article thirteen of the constitution of this state, shall on the first Monday in March or within ten days thereafter make and file with the state board of equaliza- tion a sworn statement showing the condition of said bank at the close of business on the first Monday in March, and showing the amount of its authorized capital stock, the number of shares issued and the par value thereof, the amount received for stock issued, the amount of its surplus and undivided profits, if any, a complete list of the names and residences of its stockholders and the number of shares held by each as of record on the books of the bank at the close of business on the first Monday in March J or, in the case of unincorporated banks and bankers, of banks having no capital stock and of branches, agencies, or other representa- tives of banks doing business outside of this state, the moneyed capital, reserve, surplus, undivided profits, and other taxable property, as further defined in section fourteen of article thirteen of the constitution of this state, used by them in the banking business in this state, also a description of the real estate, other than mortgage interests therein, and the value of each piece thereof as assessed for tlie purpose of county taxation for the then current fiscal year. Branches, agencies, or other representatives of banks doing business outside of this state shall report the average amount owed by said branches, agencies, or representatives, to the banks of which they are branches, agencies, or representatives, during the year ending the first Monday in March, also a description of the real estate other than mort- gage interests therein, and the value of each piece thereof as assessed for the purpose of county taxation for the then current fiscal year. The state board of equalization shall prescribe the form of reports, the manner of their verification, and may require the submission of tax receipts, or copies thereof certified to be correct by an^- notary public, in order to verify the statements as to the assessed value of the real estate, and may require such further information or statements as said board may deem necessary. | New section addcil May 11, 1917; iStats. 1917, p. H47.] § 3666c. Report on corporations by secretary of state. The secretary of state sliail daily rc]iiirt \i> tlic state board of equalization the name, I'orjjorate number, principal ]il;ifc of business, date of incorporation, term of existence, funded debt, if any, .'luthorized capital stock, and postoffice address of all corjjorations, whetiicr formed under the laws of this state 321 POLITICAL CODE. § 3667 or of any other state or country, a copy of the articles of incorporation of which is filed in his office and corporations which are authorized to do business in this state. He shall also report at said time all certifi- cates of increase or decrease of capital stock or funded debt, dissolution, or other termination of corporate existence, change of name, consolidation and mergers, change of principal place of business, and such other in- formation regarding eorjjorations as said state board may require to assist it in making the assessments and levying the taxes as provided in sec- tion fourteen of article thirteen of the constitution of this state. [New section added May 11, 1917; Stats. 1917, p. 348.] § 3667. Report by holders of franchises. The owner or holder of every franchise subject to taxation as provided in section three thou- sand six hundred sixty-four d of this code, shall within ten days after the first Monday in March in each year make a written report to the state board of equalization, signed and sworn to by the holder or owner himself, if an individual, or by one of the copartners if such owner or holder is a copartnership, or by the president or vice-president and the treasurer or secretary if the owner is a corporation, containing such a concise statement or description of every franchise possessed or en- joyed on said day by such owner or holder, as the state board of equalization may prescribe, a copy of the law, grant, ordinance, or con- tract under which the same is held, or if possessed or enjoyed under a general law, a reference to such law, a statement of any condition, obligation, or burden imposed upon such franchise, or under which the same is enjoyed, and containing also: 1. Name, etc. The name of the company, its nature, whether a person or persons, a partnership (with names of partners), an association, or corporation, and under the laws of what state, territory, or country organized, the nature of its business, the location of its principal place of business, the names and postoffice addresses of its president, secre- tary, auditor, treasurer, superintendent, and general manager, the loca- tion of its principal place of business in this state, the name and post- office address of its chief officer or managing agent in this state, and the names and addresses of all subsidiary companies whose property and business are operated by it. 2. Capital stock. The amount of its authorized capital stock, the amount thereof issued and outstanding on the first Monday in March, and the amount paid in thereon or the value of the property received therefor. 3. Debts. The funded and floating debts and the interest paid thereon showing separately the debts of the operating company and of any sub- sidiary companies in this state on the thirty-first day of December last preceding. 4. Value of stock. The market value of the stock and of the out- standing bonds, or, when said stock or bonds have no market value, the actual value thereof, for such periods and for such dates as the state board of equalization shall prescribe. 21 § 3667a POLITICAL code. 322 5. Assessed value of property. The assessed value of its property as shown by the last completed assessment-roll in each county, city and county, and city in the state for the purposes of taxation, and if any property of such corporation be assessed and taxed outside of the state of California .the place where assessed, the amount of such assessment and taxes there paid the current fiscal year. 6. Value of property. The market and actual value of all non- assessable real and personal property owned by such company. 7. Amount and value of property. The amount and actual value of all of said real and personal property referred to in the last two pre- ceding subdivisions of this section that is owned and possessed by the company at the date of its report; also, the amount and actual value of any other and additional real or personal property owned by the company at the date of said report. 8. Dividends. The dividends paid during the year ending the thirty- first day of December last preceding, the surplus fund, if any, on said thirty-first day of December, or between such periods as the state board of equalization may determine. Those of the operating company and of each subsidiary company in this state to be shown separately. 9. Gross receipts. The gross receipts from all sources for the year end- ing the thirty-first day of December last preceding, from the entire property and business, the gross receipts from such classes of business as the state board may designate, to be reported separately; also, the total gross receipts from intrastate business and from interstate busi- ness so far as the same relate to this state, the same to be separately stated. 10. Expenses. The operating and other expenses. 11. Profit and loss. The balances of profit and loss, between such periods as the state board of equalization may determine. 12. Other matters. Such other matters as the state board of equaliza- tion may deem necessary in order to enable it to assess and levy the taxes provided for in section fourteen of article thirteen of the consti- tution of this state. The state board of equalization shall ascertain and determine from the foregoing reports or from the best information it can obtain the actual cash value on the first Monday in March of each such franchise, and shall assess and levy the taxes thereon in accord- ance with the provisions of subdivision (d) of section fourteen of article thirteen of the constitution of this state. [New section added May 11, 1917; Stats. 1917, p. 349.] The old section 3667, relating to the notice to the controller of the county rate of taxation, was repealed in 1917 (Stats. 1917, p. 336). § 3667a. Report by assessor or auditor. Every assessor or auditor shall, in the manner, at the times, and for the year required by the state board of equalization, report to said board upon such forms as may be prescribed by said board the valuation placed by him upon the property of any company subject to an assessment upon its franchise 323 POLITICAL CODE. §§ 3667b-3668 under the provisions of sections three thousand six hundred sixty-four d and three thousand six hundred sixty-seven of this code. [New section added May 11, 1917; Stats. 1917, p. 350.] § 3667b. Estimates by state board of equalization when no report furnished. Penalty. If any company mentioned in section three thou- sand six hundred sixty-four of this code shall fail or refuse to furnish to the state board of equalization within the time prescribed by law the verified report provided for by law, the state board of equalization must note such failure or refusal in the record of assessments for state taxes provided for in section three thousand six hundred sixty-eight a of this code, and must make an estimate of the amount of the gross receipts, gross premiums, value of the shares of capital stock, or value of the franchises, of such company and must assess the same at the amount thus estimated, which assessment shall be the assessment upon which the taxes upon the property or franchise of the company for such year shall be levied and collected. And if in the succeeding year any such company shall again fail or refuse to furnish the verified report required by law, the state board shall make an estimate of the amount of the gross receipts, gross premiums, value of the shares of capital stock, or value of the franchise of such company, which estimate shall not be less than twice the amount of the estimate made by said board in the previ- ous year, and shall note such failure or refusal as above provided, and the said estimate so made shall be the assessment upon which the taxes upon the property or franchise of the company for such year shall be levied and collected. In case of each succeeding consecutive failure or refusal the said board shall follow the same procedure until a true state- ment shall be furnished. Any company failing or refusing to make and furnish any report prescribed by law to be made to the state board of equalization, or rendering a false or fraudulent report shall be guilty of a misdemeanor and subject to a fine of not less than three hundred dollars and not exceeding five thousand dollars for each such offense. Any person required to make, render, sign, or verify any report, as aforesaid, who makes any false or fraudulent report, with intent to defeat or evade the assessment required by law to be made, shall be guilty of a misdemeanor, and shall for each such offense be fined not less than three hundred dollars and not more than five thousand dollars, or be imprisoned not exceeding one year in the county jail of the county where said report was verified, or be subject to both said fine and im- prisonment, at the discretion of the court. [New section added May 11, 1917; Stats. 1917, p. 350.] § 3667c. Extension of time for report. The state board of equaliza- tion may, for good cause shown, by order entered upon its minutes, ex- tend for not exceeding thirty days, the time fixed for filing any report required by said board. [New section added May 11, 1917; Stats. 1917, p. 351.] § 3668. Assessment and levy of taxes. Request of bank to assess en- tire taxable value of shares of stock. Form. Notice of completion of § 3668 POLITICAL CODE. 324 assessments. The state board of equalization must meet at the state capital on the iirst Monday in March of each year, and continue in open session from day to day, Sundays and holidays excepted, until the first Monday in July. Between the first Monday in March and the third Monday before the first Monday in July the board must assess and levy the taxes as and in the manner provided for in section fourteen of article thirteen of the constitution of this state, and sections of this code enacted to carry the same into effect. The assessments must be made to the company, person or association owning or operating the property subject to said tax, or, in the case of l)anks, banking associations, savings and loan societies and trust com- panies, to the stockholders therein; provided however, that in the case of banks of liquidation the assessment shall be made to the receiver, trustee or officer in charge of such liquidation, as the case may be, as the representative of the stockholders thereof. If the name of the owner is unknown to the board, such assessment must be made to unknown owners. Clerical errors occurring or appearing in the name of any company, person, association, or stockholder whose property is correctly assessed, or in the making, or extension of any assessment upon the records of the state board of equalization, which do not affect the substantial rights of the taxpaj^er, shall not invalidate tbe assessment. Provided, however, that if any bank shall by resolution of its board of directors, request the state board of equalization to assess to and in the name of such bank so requesting, the entire taxable value of all the shares of the capital stock of such bank, as determined by said state board, instead of assessing such shares to and in the name of the indi- vidual stockholders or shareholders owning the same, and if such bank shall promise that it will, upon being notified by said state board, of such assessment thereof to said bank, and of the amount of taxes to be paid upon such assessment, pay such taxes at the times when taxes assessed and levied under the provisions of section fourteen of article thirteen of the constitution of this state and sections of this code en- acted -to carry the same into effect are due and payable, which request to assess said bank and promise to pay said tax shall be in substantially the following form: The state board of equalization is hereby instructed to assess in the name of this bank and not to the individual stockholders or shareholders therein, the taxable value of all the shares of capital stock in this bank and such bank hereby promises to pay to the state treasurer the amount of the tax levied u]>on such assessmciil wIkmi sucli taxes are due and [layalde nndcr the laws of this state. By (liere insert title of official signing.) 'I'lieii the state board may assess the capital stock to and in the name of Hiich ba):k and said promise to pay the taxes shall be binding upon such liank and cnllect ion of such taxes from such bank may be enforced in the manner and l)y tin- same nictliod as is ]irovided for flie collection of other taxes assessed and Irsicd under llie jiroxisions of section four- 325 POLITICAL CODE. § 36G8a teen of article thirteen of the constitution of this state and sections of this code enacted to carry the same into effect. On the third Monday before the first Monday in July the said board shall publish a notice in one daily newspaper of general circulation published at the state capital, in one daily newspaper of general cir- culation published in the city and county of San Francisco, and in one daily newspaper of general circulation published in the city of Los Angeles, that the assessment of property for state taxes has been com- pleted, and that the record of assessments for state taxes will be deliv- ered to the controller on the first Monday in July, and that if any company, person, or association is dissatisfied with the assessment made by the board, it may, at any time before the taxes thereon shall become due and payable, apply to the board to have the same corrected in any particular. The board shall have power at any time on or before the first Monday in July to correct the record of assessments for state taxes and may increase or decrease any assessment therein if in its judgment the evidence presented or obtained warrants such action. [New section added May 11, 1917; Stats. 1917, p. 351.] The old section 3668, relating to the publication by the controller, was repealed in 1917 (Stats. 1917, p. 336). § 3668a. Record of assessments for state taxes. Certificate. The state board of equalization must ^irepare each year a book, in one or more volumes, to be called the "record of assessments for state taxes," in which must be entered, either in writing or printing, or by both writ- ing and printing, each assessment and levy made by said board upon the property and franchises mentioned in section three thousand six hundred sixty-four of this code, describing the property assessed, and such assess- ments shall be classified and entered, in such separate parts of said record as the board shall prescribe. On the first Monday in July the secretary of the state board of equalization must deliver to the con- troller of state the record of assesments for state taxes, certified to by the chairman and secretary of the board, which certificate shall be sub- stantially as follows: "We, , chairman, and , secretary, of the state board of equalization of the state of California do hereby certify, that between the' first Monday in March and the first Monday in July, 19 — , the state board of equalization made diligent inquiry and examina- tion to ascertain all property and companies subject to assessment and taxation for state purposes, as required by the constitution of this state; that said board has faithfully complied with all the duties im- ))Osed upon it by the constitution and laws of the state of California; that said board has not imposed any unjust or double assessment through malice or ill will, or otherwise; nor allowed any company or property to escape a just assessment through favor or reward, or- otherwise." But the failure to subscribe such certificate to such record of assess- ments for state taxes, or any certificate, shall not in any manner aft'ect the validity of any assessment. Such record of assessments shall con- stitute the warrant for the controller to collect the taxes assessed and levied upon the property and franchises mentioned in section three § 3668b POLITICAL CODE. 326 thousand six huncU-ed sixty-four of this code. [New section added May 11, 1917; Stats. 1917, p. 353.] § 3668b. Taxes payable, when. Taxes not fully secured by pef sonal property. Sale of property at public auction. Notice. Bill of sale. Notice by state controller. The taxes assessed and levied as provided in section fourteen of article thirteen of the constitution of this state, and in and by the provisions of this code enacted to carry the same into effect, shall be due and payable on the first Monday in July in each year, and one-half thereof shall be delinquent on the sixth Monday after said first Monday in July at six o'clock P. M., and unless paid prior thereto, fifteen per cent shall be added to the amount thereof, and unless paid prior to the first Monday in February next thereafter at six o'clock P. M., an additional five per cent shall be added to the amount thereof; and the unpaid portion, or the remaining one-half of said taxes shall become delinquent on the first Monday in February next succeeding the day upon which they became due and payable, at six o'clock P. M.; and if not paid prior thereto five per cent shall be added to the amount thereof; provided, that all taxes provided for or levied under said section fourteen of article thirteen of the constitution of this state and the provisions of this code enacted to carry the same into effect which are not fully secured by real property are dire and payable at the time the assessment is made. "When in the opinion of the state board of equalization any of the taxes provided for in this section are not a lien upon real property sufficient to secure the payment of the taxes, said board may direct the controller, or his duly authorized repre- sentative, to collect the same at any time before the first Monday in August thereafter, and the controller may collect the taxes by seizure and sale of any property owned by the company against whom the tax is assessed. The sale of any property so seized shall be made at public auction and of a sufficient amount of the property to pay the taxes, penalties and costs, and be made after one week's notice of the time and place of such sale given by publication in a newspaper of general circulation published in the county where the property seized is situate, or if there be no newspaper of general circulation published in 'such county, then by posting of such notice in three public places in such county. Said notice shall contain a description of the property to be sold together with a statement of the amount of the taxes, penalties and costs due thereon and the name of the owner of said property and a further statement that unless the taxes, penalties and costs are paid on or before the day fixed in said notice for such sale of said property, or 80 much thereof as may be necessary to pay said taxes, penalties and costs, said property will bo sold in accordance with law and said notice. On payment of the price bid for any property sold, the delivery thereof with bill of sale executed by the controller vests the title in the purchaser. The unsold portion of any property so seized, may be loft at the place of sale at the risk of the owner. All of the proceeds of any such sale in excess of the taxes, penalties, and costs, must be rnturnefl to Ihn owner of the pro])erty sold, arnl until claimed itiust be 327 POLITICAL CODE. §§3668c, 3669 deposited with the state treasurer, as trustee for such owner, and sub- ject to the order of the owner thereof, his heirs, or assigns. Within ten days after the receipt of the record of assessments for state taxes, the controller must begin the publication of a notice to appear daily for two weeks, in one daily newspaper of general circula- tion published at the state capital, in one daily newspaper of general circulation published in the city and county of San Francisco, and in one daily newspaper of general circulation published in the city of Los Angeles, specifying: 1. That he has received from the state board of equalization the record of assessments for state taxes. 2. That the taxes therein assessed are due and payable on the first Monday in July and that one-half thereof will be delinquent on the sixth Monday after the first Monday in July at six o'clock P. M., and that unless paid to the state ^treasurer at the capital prior thereto, fifteen per cent will be added to the amount thereof,, and unless paid prior to the first Monday in February next thereafter at six o'clock P. M., an additional five per cent will be added to the amount thereof; and that the remaining one-half of said taxes will become delinquent on the first Monday in February next succeeding the day upon which they became due and payable, at six o'clock P. M.; and if not paid to the state treasurer at the capital prior thereto, five per cent will be added to the amount thereof. [New section added May 11, 1917; Stats. 1917, p. 354.] § 3668c. Taxes lien on property and franchises. The taxes levied under the 2)rovisions of section fourteen of article thirteen of the con- stitution of this state and sections of this code enacted to carry the same into effect shall constitute a lien upon all the property and fran- chises of every kind and nature belonging to the companies subject to taxation for state purposes, which lien shall attach on the first Monday in Mart'h of each year. Every tax herein provided for has the effect of a judgment against the company, and every lien created by the constitutional and statutory provisions aforesaid has the effect of an execution duly levied against all property of the delinquent; the judg- ment is not satisfied nor the lien removed until such taxes, penalties, and costs are paid, or the property sold for the payment thereof. No final discharge in bankruptcy or decree of dissolution shall be made and entered by any court, nor shall the county clerk of any county or the secretary of state file any such discharge or decree, or file any other document by which the term of existence of any corporation shall be reduced or terminated until all taxes, penalties, and costs due on assess- ments made under the constitutional and statutory provisions aforesaid shall have been paid and discharged. [New section added May 11, 1917; Stats. 1917, p. 355.] § 3669. Taxes paid to state treasurer. 1. All taxes assessed and levied under the provisions of section fourteen of article thirteen of the con- stitution of this state and sections of this code enacted to carry the same into effect shall be paid to the state treasurer, upon the order of the controller, without deduction for any taxes assessed and levied to pay § 3669a POLITICAL code. 328 the principal and interest of any bonded indebtedness mentioned in sub- division (e) of section fourteen of article thirteen of the constitution of this state, and the amount due to the cities, cities and counties, counties, towns, townships, and districts on account of said taxes assessed and levied for such bonded indebtedness shall be paid to said cities, cities and counties, counties, towns, townships, or districts in the manner provided by law. The controller must mark the date of payment of any tax on the record of assessments for state taxes. 2. Controller's receipt. The controller must give a receipt to the per- son paying any tax, or any part of any tax, specifying the amount of the assessment and the tax, or part of tax, paid, and the amount remaining unpaid, if any, with a description of the property assessed; provided, that the receipt for the second half of the taxes may refer, by number or in any other intelligible mannei', to the receipt given for the first ■ half of said taxes, in lieu of a description of the property assessed. 3. Ta^es in excess of what was legally due. Whenever any taxes, pen- alties, or costs collected and paid to the state treasurer as hereinbefore provided, shall have been paid more than once, or shall have been erroneously or illegally collected, or when any taxes shall have been collected and paid pursuant to said provisions of law upon a computa- tion erroneously made by reason of clerical mistake of the officers or employees of the state board of equalization, or shall have been com- puted in a manner contrary to law, the state board of equalization shall certify to the state board of control the amount of such taxes, penalties, or costs, collected in excess of what was legally due, from whom they were collected or by whom paid, and if approved by said board of control, the same shall be credited to the company or person to whom it right- fully belongs, at the time of the next payment of taxes. No claim for such credit shall be so audited, approved, allowed, or paid unless pre- sented within one year after the payment sought to be refunded. 4. Cancellation of assessment. In case the assessment of any property or any company is duplicated upon the record of assessments for state taxes, or there appears thereon the assessment of any company whose charter has been forfeited or right to do business in this state has been forfeited, or the assessment of any company which, for any reason, could not be legally assessed, the state board of equalization or the controller shall certify such fact to the state board of control and said board of control shall autliorize the cancellation of such assessment. [New section added May 11, 1!)17; Stats. 1917, p. 356.] The old .sect ion .'Uidi), ])roviding that certiiin taxes were to be paid to the state! treasurer, was rciicnlcd in li)17 (Stats. li)17, p. ;!3()). § 3669a. Action for recovery of tax. 1. Any comi)any, person or as- Hociatiipii i-l.'iiiniiig ninl iJiotcst ini^- ;is licrcin jirovided that the assessment niJidc M^'.iiiisl liini nr i1 by tiic state board of ecpialization is void in Vvlioli' or in |i;iit ni;iy luint^ ;in nction against the state trea-surer for the recovery of the ulmlc or ,niy part of such tax, penalties or costs paid on such assessincnl npon tlic grounds stated in such protest, but no such action may lir iiroii^ht l;it<'i' limn llie third Monilay in February next following tiic d;iy on wliirh the tnxes were due, nor unless such com- 329 porjTicAL CODE. § 3669b l);iny, person or assoeiatiou shall have filed with the state controller at the time of payment of such taxes a written protest stating whether the whole assessment is claimed to be void, or if a part only, what part, and the grounds upon which such claim is founded; and when so paid under protest the payment shall in no case be regarded as voluntary. 2. Procedure. Whenever under the provisions of this section an action is commenced against the state treasurer, a copy of the complaint and of the summons must be served upon the treasurer, or his deputy. At tlie time the treasurer demurs or answers, he may demand that the action l)e tried in the superior court of the county of Sacramento, which de- mand must be gi'anted. The attorney general must defend the action. The provisions of the Code of Civil Procedure relating to the pleadings, proofs, trials, and appeals are applicable to the proceedings herein pro- vided for. A failure to begin such action within the time herein specified shall be a bar against the recovery of such taxes. In any such action the court shall have power to render judgment for plaintiff for any part or portion of the tax, penalties or costs found to be void and so paid by plaintiff upon such assessment. 3. No judgment for plaintiff, when. In no case shall any judgment be rendered in favor of plaintiff in any action brought against the state treasurer to recover any tax, when said action is brought by or in the name of an assignee of the person, company or corporation paying said tax, or by any person, company or corporation other than the person, company or corporation that has paid said tax. [New section added May 11, 1917; Stats. 1917, p. 357.] § 3669b. Reassessment. Every assessment of property made after November 8, 1910, under the provisions of section fourteen, article thir- teen of the constitution and under the provisions of any law enacted to carry into effect said section of the constitution which is, or may here- after be adjudged to be invalid by reason of any illegality, invalidity, or irregularity, declared or existing, in the assessment of such property, or in the mode provided for the assessment thereof, shall be remade and the property reassessed and equalized for each year for which such assessment is invalid as aforesaid, and for the year for which the assess- ment 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 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 for which such reassessments shall be made. And there is hereby levied for state purposes the same rates of taxation for each of such respective years as were levied upon such property for each of said years for said state pur- poses. 2. Manner of reassessment. All property herein and hereby authorized to be reassessed shall be reassessed and equalized by the proper officers and boards at the value to which and to the person or corporation to § 3669c POLITICAL CODE. 330 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 property; and the assessment and equalization thereof, and the levy and collection of taxes thereunder, shall be made by the proper officers at the time, upon like notice and in the manner now or hereafter provided by law for making assessments and equalizing the same, and for the levy and collection of taxes on like classes of property; and if the taxes so relevied shall become delinquent; there shall be added thereto and the amount thereof the same percentage as a penalty for such de- linquencj' as is added to other delinquent taxes on like classes of prop- erty; 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 property, the collectors of such taxes to allow as credits thereon all payments theretofore made on the tax as first levied. 3. No limitation on action for collection of taxes. There shall be no limitation or limitations as to the time in which actions for the collections of taxes levied under this section may be commenced, and all the pro- visions of law now or hereafter provided in respect to assessments, equalization, levy, and collection of taxes shall, where applicable, apply to reassessments, equalization, and relevies and collections of taxes made under the provisions of this section. [New section added May 11, 1917; Stats. 1917, p. 357.] § 3669c. Suspension of corporate powers on failure to pay taxes List sent to county clerk and county recorder. 1. Within ten days after the first Monday in February, the controller shall send by mail to the last known address of any company whose taxes are delinquent a notice of the amount of said taxes, penalties, and costs, and that if the said taxes, penalties, and costs are not paid on or before the Saturday pre- ceding the first Monday in March next thereafter at six o'clock P. M. of said day, the corporate powers, rights and privileges of such delinquent company, if it be a domestic corporation, will be at that time suspended and thereafter incapable of exercise, and that if the delinquent company be a foreign corporation it will thereupon forfeit its right to do intrastate business in this state. If the taxes, penalties, and costs are not paid within the time specified in said notice, the controller shall, on said Saturday inccediiig tlie first Monday in March at six o'clock P. M'. of said day, mjirk on tlic rccnnl of assessments for state taxes opposite the assessment of tlie delincjueiit corporation, the words "corporate powers suHjjended," if the delinquent corporation be a domestic corporation, and thereupon .said corporate jiowers sh'all be suspended and incapable of exercise until restored ;is hereinafter provided; and if the delinquent corporation be a foreign corporation the controller shall mark on the record of assessments for state taxes opposite the assessment of such delinqneiil corpovMt ion the words "riglit to do intrastate business for- feilcd'"" iimi 1 licicii pun s;iii| li^lit Id do sindi business shall be so for- feited, lie sIkiII ;it once rcpurl In 1 lie scciclarv of state the name and niiiiilicr of cliiiitcr id' (■.-ich ciii'pni;! t ion whose corpoi'ate ])owerH have been 331 POLITICAL CODE. § 3669c. suspended or right to do business has been forfeited for nonpayment of taxes. I On or before the first Monday in April of each year the controller shall make a list of all corporations subject to the tax imposed under sections three thousand six hundred sixty-four a, three thousand six hundred sixty-four b, three thousand six hundred sixty-four c, and three thousand six hundred sixty-four d of this code and which have failed to pay the same and transmit a certified copy thereof to each county clerk and county recorder in this state. Said county clerks and county recorders shall file such certified copies in their respective offices in such manner that the same shall be preserved in the form of a permanent record of such office and easily identified by and available to the public. Said copies so certified by the controller and filed as herein provided shall in the case of each corporation state whether such corporation is a domestic or foreign corporation and specify the penalty which each corporation has. incurred for failure to pay the tax imposed by this act. Such certified copies so filed with either of said county officers, or any copy thereof certified by the controller shall be received in evidence in any court in lieu of the original record on file with the controller and shall be prima facie evidence of the truth of all statements contained therein. 2. Corporate powers suspended, when. Penalty for exercising powers of delinquent corporation. After six o'clock P. M. of the Saturday pre- ceding the first Monday in March in any year, the corporate rights, priv- ileges and powers of every domestic corporation which has failed to pay said tax and money penalty shall, from and after said hour of said day, be suspended, and incapable of being exercised for any purpose or in any manner, except to defend any action brought in any court against such corporation, until said tax with all accrued penalties, and all taxes and charges due the state under the corporation license act are paid as hereinafter provided. The right and privilege of every foreign cor- poration to transact intrastate business in this state snail, for failure to pay said tax and money penalty, be forfeited at said hour of said day, and the controller shall make a record of such forfeiture. In the case of foreign corporations such forfeiture may be relieved and the corporation's privilege to transact intrastate business in this state restored in the manner hereinafter provided. After said hour of said day and until such taxes, penalties and charges are paid, every person who attempts or pur- ])orts to exercise any of the rights, privileges or powers of any delinquent corporation, or, who transacts or attempts to transact any intrastate business in this state in behalf of any forfeited foreign corporation, shall be guilty of a misdemeanor and upon conviction thereof shall be pun- ished by a fine of not less than two hundred fifty dollars and not ex- ceeding one thousand dollars, or bj' imprisonment in the county jail not loss than fifty days or more than five hundred days, or by both such fine and imprisonment. The jurisdiction of such offense shall be held to be in any county in which any part of such attempted exercise of such powers, or any part of such transaction of business was had or oc- curred. Every contract made in violation of this section is hereby de- clared to be void. § 3669c POLITICAL CODE. 332 3. Procedure for restoration of powers. Controller's certificate. All corporate powers, rights and privileges suspended, or forfeited may be revived and restored to full force and effect by the payment of all accrued taxes and penalties due to the state under sections three thou- sand six hundred sixty-four a, three thousand six hundred sixty-four h, three thousand six hundred sixty-four c, and three thousand six hundred sixty-four d of this code and the corporation license act. In case the application for such revivor and restoration is not made during the year in which such suspension or forfeiture occurred, such application shall not be granted nor a certificate of revivor issued to such corporation until there is paid to the controller in addition to said tax and money penalty due the state under said sections of this code for the year in which such suspension or forfeiture occurred, a sum of money equal to the tax, without penalty, imposed under the provisions of said sections of this code during the year in which such suspension or forfeiture occurred, for each year succeeding said year in which such sus- pension or forfeiture occurred. Upon payment of all such taxes and penalties, and upon payment of all other taxes due the state under the corporation license act of this state, the state controller shall issue a certificate under his seal evidencing such payment and restoration, which certificate, when recorded in the office of any county recorder shall con- stitute a release of all existing liens for such taxes upon the property of such corporation. Each county recorder shall keep an index of all such controller's certificates recorded by him. Upon presentation of such controller's certificate of revivor to any county clerk said officer shall make a record thereof in his office in a book kept for such purpose. The record so made bj* said county clerk shall be prima facie evidence of the restoration to such corporation of all previously suspended or forfeited rights, powers and privileges unless it appears from the records in the office' of such county clerk or of the secretary of state that subsequent to the date of such certificate of revivor the powers of said corporation have been suspended or its rights to do intrastate business forfeited. 4. Action "by controller to collect delinquent taxes. Service of sum- mons. Evidence of unpaid taxes. The controller may, on or before the thirtieth day of April next following said delinquency and suspension or forfeiture, bring an action in a court of competent jurisdiction in the county of Sacramento in the name of the people of the state of California, to collect any delinquent taxes, together with any penalties, or costs, which have not been paid in accordance with the provisions of this code and appearing delinquent upon the record of assessments for state taxes lioreinbeforc mentioned. Tlie attorney general must prosecute such action, and the provisions of the Code of Civil Procedure relating to service of summons, pleadings, jiroof.s, trials, and appeals are applicable to the proceedings herein pro- \ided for. Tn such action a writ of attachment may be issued, and no bond or affidavit previous to the issuing of said attachment is required. Ill the case of companies whose right to do business has been forfeited or cor|)orate powers suspended, service of summons may be made upon the persons provided for by law to be served as agents or officers of any of such companies and such persons shall be deemed to be the agents 333 POLITICAL CODE. § 3669(1 of such companies for all purposes necessary in order to prosecute such action. In the case of corporations whose powers have been suspended, the persons constituting the board of directors thereof shall have the power and right to defend such action. Payment of tJic taxes and penalties, or amount of the judgment recovered in sucli action must be made to the state treasurer. In such actions the record of assessments for state taxes, or a copy of so much thereof as is applicable in said action, duly certified by the controller, or by the secretary of the state board of equalization, showing unpaid taxes against any company, per- son or association assessed by the state board of equalization, is prima facie evidence of the assessment upon the property and franchises, the delinquency, the amount of the taxes, penalties, and costs due and unpaid to the state, and that the company, person, or association is indebted to the people of the state of California in the amount of taxes and pen- alties therein appearing unpaid, and that all the forms of law in relation to the assessment and levy of such taxes have been complied with. [New section added May 11, 1917; Stats. 1917, p. 358.] § 3669d. Procedure for relieving forfeiture. 1. Any corporation which has heretofore failed to pay any tax and penalty imposed under the provisions of section fourteen, article thirteen, of the constitution, and chapter three hundred thirty-five, statutes 1911 and amendments thereof, and for such nonpaj^ment suffered a forfeiture of the charter of such corporation or of its right to do business in this state, may be relieved of such forfeiture, or may be restored to its right to do business in this state, upon making application therefor in writing and pajdng the tax and penalties for nonpayment of which such forfeiture occurred. Ap- plication for restoration, under the provisions of this section, shall be made in writing, shall be signed by four-fifths of the surviving trustees or directors of said corporation, duly verified by said trustees or directors, and filed with the state controller. In case such application for revivor is made in any year other than the year in which such forfeiture occurred then upon payment of twice the amount of the tax and penalty due the state for the year in which such forfeiture occurred, together with the amount of the license fee due th'e state under the corporation license tax act for the year in which such forfeiture occurred and for the year in which such revivor is sought, the state controller shall issue a certificate of revivor to such corporation, and thereupon such corporation is revived and its powers restored to full force and effect. The revivor of a corporation under the provisions of this section shall lie without prejudice to any action or proceeding, defense or right, which lias occurred by reason of the original forfeiture. 2. Reviving corporation under new name. In case the name of any corporation which has suffered a forfeiture under the provisions of chap- ter three hundred thirty-five, statutes of 1911 or amendments thereof, has been adopted by any other corporation since the date of said for- feiture, or in case any corporation has adopted subsequent to such for- feiture any name so closely resembling the name of such reviving cor- poration as will tend to deceive, then such reviving corporation shall be entitled to a certificate of revivor pursuant to the terms of this section only upon the adopting by such corporation seeking revivor of § 3669e POLITICAL code, 334 a new name, and in such case nothing in this section contained shall be construed as permitting such reviving corporation to carry on any business under its former name. Such reviving corporation shall have the right to use its former name or take such new name only upon filing ail application therefor with the secretary of state, and upon the issuing of a certificate to such corporation by the secretary of state, setting forth the right of such corporation to take such new name or use its former name as the case may be. The secretary of state shall not issue any certificate permitting any corporation to take or use the name of any corporation heretofore organized in this state and which has not suffered a forfeiture under either of the acts in this section first above mentioned, or to take or use a name so closely resembling the name of any corporation heretofore organized in this state as will tend to deceive. The provisions of title nine, part three of the Code of Civil Procedure, in so far as they conflict with this section of this code are not applicable to corporations seeking revivor under this section. [New section added May 11, 1917; Stats. 1917, p. 361.] § 36698. Powers of state board of equalization. In addition to the powers and duties prescribed elsewhere in this code, it is the duty of the state board of equalization, and the said board shall ha^e power, for carrying into eff.ect the provisions for assessments under section fourteen of article thirteen of the constitution of this state: 1. Prescribe forms. To prescribe the forms upon which the reports required by sections three thousand six hundred sixty-five c, three thou- sand six hundred sixty-six b and three thousand six hundred sixty-seven of this code shall be made. 2. Inspect property. Whenever deemed necessary, to visit as a board, or by the individual members thereof, or to send its secretary or duly appointed representative to any portion of this state for the purpose of inspecting property and learning the value thereof, and of .collecting in- formation to enable it to justly assess and levy the taxes provided for as aforesaid. 3. Call public officials. To call before it, or any member thereof, or before its secretary or duly appointed representative on such visit, any public official, and to require him to produce any public record, papers or documents in his custody. 4. Issue subpoenas. To issue subpoenas for the attendance of wit- nesses or the production of books before the board, or any member thereof; which subpoenas must be signed by a member of the board and may be served by any person. .5. Require attendance. To require any person having knowledge of the business of any of the companies mentioned in section fourteen of article thirteen of the constitution of this state, or having the custody of the books and accounts of such companies, to attend before the board or any member thereof, or before the secretary or the duly appointed representative of said board and bring with him for inspection any books, or papers, of sueli company in his possession or under his control, and to testify under oath touching any matter relating to the assess- 335 . POLITICAL CODE. § 3670 ment to be made under the provisions of the constitution aforesaid. A member of the board, its secretary, or duly appointed representative is authoi'ized to administer such oath. 6. Examine books and accounts. Said board of equalization is hereby authorized and empowered to examine the books and accounts of all companies required by law to report to it and to employ an expert ac- countant or accountants to assist in the examination of the books and accounts of any such companies when in the judgment of said board the exigencies of the case may so require. 7. Unlawful to divulge information. It shall be unlawful for any member or ex-member of the state board of equalization, or for any agent employed by it, or for the controller, or ex-controller, or for any person employed by him or for any person who may at any time have obtained such knowledge from any of the foregoing officers or persons, to divulge or make known in any manner whatever not provided by law, any of the following items of information concerning the business affairs of companies reporting to the said board: (a) Any information concerning the business affairs of any company which is gained during an examination of its books and accounts or in any other manner, and which information is not required to be reported to the state board of equalization in the reports or statements provided for in paragraphs numbered one to .twelve of section three thousand six hundred sixty-five « and paragraphs numbered one to'ten of section three thousand six hundred sixty-seven of this code. (b) Any information, other than the assessment and the amount of taxes levied, obtained by the state board of equalization in accordance with the provisions of- sections throe thousand six hundred sixty-five c and three thousand six hundred sixty-seven of this code, from any com- pany other than any of those enumerated in sections three thousand six hundred sixty-four a, three thousand six hundred sixty-four b and three thousand six hundred sixty-four c of this code. (c) Any particular item or items of information relating to the dis- position of its earnings contained in the report of a quasi-public cor- poration which any such corporation may, by written communication specifying the items and presented at the time when it files its report, request shall be treated as confidential. Provided, however, that the governor may authorize examination of such reports by other state officers, in which event the information obtained by such officers shall not be made public, and he may also direct that any of the information herein referred to be made public, in which event it shall no longer be unlawful to divulge or make known the same. Any violation of the provisions of subdivision seven of this section shall be a misdemeanor and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or both, at the discretion of the court. [New section added May 11, 1917; Stats. 1917, p. 363.] § 3670. Eq.ualization of assessments on real estate of banks. On the second Monday in August of each year the auditor of each county must § 3670a POLITICAL code. 33G rejiort to the state board of equalization, in addition to the items re- quired to be so reported by him under section three thousand seven hundred twenty-eight of this code, the value of each piece of real estate other than mortgage interests therein belonging to each bank in his county as assessed and equalized for purposes of county taxation. Whenever the state board of equalization is satisfied after investiga- tion that any county assessor, or board of equalization, has assessed any real estate belonging to any bank above its full cash value and has thereby unjustly reduced the amount of taxes due the state from said bank, said state board shall, under such rules of notice to the clerk of the board of supervisors of the county affected thereby as the said state board shall deem reasonable, equalize the assessed value of such real estate and shall upon completion of said equalization issue an order to said assessor or board of equalization and to the county auditor of the county in which said real estate is located, fixing the assessed value of said real estate. The value so equalized and fixed, and no other, shall be deemed the value, as assessed for county taxes, of such real estate, and the sole basis of taxation upon such real estate for county taxes. A copy of the order certified by the secretary of the state board of equalization shall be prima facie evidence of the regularity of all pro- ceedings of the board resulting in the action which is the subject matter of the order. [New sectioh added May 11, 1917; Stats. 1917, p. 364.] The old section 3670 relating to actions bv the controller for taxes was repealed May 11, 1917; Stats. 1917, p. 336. § 3670a. Equalization of assessments on real estate of insurance com- panies. The state board of equalization shall immediately after the county and city assessments have been completed, ascertain the value of any real estate belonging to any insurance company as assessed and equalized for purposes of county and of city taxation. Whenever the state board of equalization is satisfied after investiga- tion that any county, city and county, city, or district assessor, or board of equalization, has assessed any real estate belonging to any insurance company above its full cash value and has thereby unjustly reduced the amount of taxes due the state from said insurance company, said state board shall, under such rules of notice to the clerk of the board of su[)ervisois of the county or the proper officer of the city affected as tlie boaid sliall (Icciii reasonable, equalize the assessed value of such real estate and sliall upon the completion of said equalization, issue an order to said assessor or board of ecpialization and to the county, city and county, city or district auditor or clerk of the county, city and county, city, or district in which said real estate is located, fixing the assessed value of said real estate. The value so equalized and fixed, and no other, shall be deemed the value, as assessed for county, city and county, city, or district taxes, of such real estate, and the sole basis of taxation upon such real estate, for county, municipal and district taxes. A cojiy of the order certified by the secretary of the stale l)()ard of (•i|iiiilix.at ion slinli li<> prinin facie evidnicr of Die regularity of all pro- 337 POLITICAL CODE. § 3670b ceedings of the board resulting in the action which is the subject matter of the order. [New section added May 11, 1917j Stats. 1917, p. 365.] § 3670b. Segregation by assessor. Each county, city and county, city and district assessor must segregate on his assessment-roll, as directed by the state board of equalization: 1. Assessments by state board of equalization. Tlie assessments made by the state board of equalization, and apportioned to the county, city and county, city, town, township, or district, upon the franchises, road- way, roadbed, rails and rolling stock of all railroads operated in more than one county in this state under the provisions of the Political Code as the same existed and were in force on the seventh day of November in the year one thousand nine hundred ten; and 2. Assessments by assessors. Equalization of assessments. Separate tax rate for bonded indebtedness. Payment by controller to county treasurer. The assessments made by said assessors of any other prop- erty enumerated in subdivisions (a), (b), and (d) of section fourteen of article thirteen of the constitution of this state, which is located in the county, or city and county, or any city, town, township, or district in which it is subject to taxation for paying the principal and interest of any bonded indebtedness created and outstanding by any city, city and county, county, town, township, or district prior to the eighth day of November in the year one thousand nine hundred ten, as provided in subdivision (e) of section fourteen of article thirteen of the constitution of this state. Immediately upon completion of the assessment and equalization of property for the purposes of taxation in each year the auditor or clerk of each county, city and county, city, town, or district must transmit to the state board of equalization a duplicate of that part of the assess- ment-roll containing the assessments and apportionments referred to in paragraphs one and two of this section. \\ henever the state board of equalization is satisfied after investiga- tion that any county, city, ' or other assessor, or board of equalization, has assessed for taxation to pay the principal and interest of any bonded indebtedness created and outstanding by any county, city and county, city, town, township, or district prior to the eighth day of November in the year one thousand nine hundred ten, as provided in subdivision (e) of section fourteen of article thirteen of the constitution of this state, any of the jjroperty taxed exclusively for state purposes as provided in subdivisions (a), (b) and (d) of section fourteen of article thirteen of the constitution of this state, or has assessed for purposes of county, city and county, city, or district taxation the property other than the franchise of any company taxable for a franchise under subdivision (d) of said section and article of the constitution, above its full cash value and has thereby unjustly reduced the amount of taxes due the state on such property, said state board shall, under such rules of notice to the clerk of the board of supervisors of the county, or city and county, or to the city clerk of the city, affected thereby as the board shall deem reasonable, equalize the assessed value of such property, and 22 § 3670c POLITICAL CODE. 338 shall issue an order to said assessor or board of equalization and to the county or city auditor or clerk of the county, city and county, or city in which the property is located, fixing the assessed value of such property. The value so equalized and assessed, and no other, shall be deemed the value of said property, and its assessment for taxes levied to pay the principal and interest of any such outstanding bonded indebtedness, and in the case of companies taxable for a franchise under said sub- division (d) of said section and article of the constitution shall be deemed the value of the said property, and its assessment for taxes for county, city and county, municipal and district purposes. When making the tax levy and fixing the rates of taxation for county, citj' and county, city, town, township, or district purposes, the board of supervisors of any county, or city and county, and the corre- sponding authority in any city, having bonded indebtedness issued and outstanding on the eighth day of November in the year one thousand nine hundred ten, shall fix the tax rate for such bonded indebtedness separate and apart from all other tax rates, whether for subsequent bonded indebtedness or for other purposes. The county, city and county, or city auditor or clerk shall extend on the assessment-roll against the assessments segregated as herein pro- vided, the taxes necessary to pay the principal and interest of said bonded indebtedness at the same rate as said taxes for payment of principal and interest of said outstanding bonded indebtedness shall be levied upon the other classes of property within the same county, city and county, city, town, township, or district, and the amount of each such taxes shall be certified by said auditor or clerk to the controller and the amount so certified shall then be credited by the controller to the county, city and county, city, town, township, or district to which it is due; and said amount shall be paid by said controller to the treas- urer of such county, or city and county as provided in section three thousand six hundred seventy c of this code, and upon such payment said treasurer shall forthwith certify such fact to the tax collector who shall thereupon mark upon the assessment-roll the date of payment and the words "paid by the state treasurer." The city clerk or auditor shall in the certificate mentioned in this paragraph also state the date when taxes in such city shall become delinquent. [New section added May 11, 1917; Stats. 1917, p. 366.] § 3670c. Money credited to what fund. 1. The controller shall out of the taxes collected by him under the provisions of section fourteen of article thirteen of the constitution of this state and the provisions of the sections of this code applicable thereto, credit to the fund created by an act of the thirty-ninth session of the legislature entitled: "An act appropriating money for the purpose of payment of that part of the jirincipal and interest of any bonded indebtedness created and out- standing by any city, city and county, county, town, township or dis- trict on the eighth day of November in the year one thousand nine hundred ten, which is provided for in section fourteen of article thir- teen of the constitution of this state, and as provided in an act of the thirty-ninth session of the legislature entitled 'An act to carry into 339 POLITICAL CODE. § 3671 effect the provisions of section fourteen of article thirteen of the con- stitution of the State of California as said constitution was amended November 8, 1910, providing for the separation of state from local taxa- tion, and providing for the taxation of public service and other cor- porations for the benefit of the state, all relating to revenue and taxa- tion,' " or any act or acts amendatory thereof or supplementary thereto, the money duo to each county, city and county, city, tovs^n, township, or district on account of taxes to pay the principal and interest of any bonded indebtedness created and outstanding by any city, city and county, county, town, township or district, on the eighth day of Novem- ber in the year one thousand nine hundred ten. 2. Time for settlements with county treasurer. The controller shall in the mouths of October and March in each year settle with the treasurer of each county and city and county for the money collected by said controller under this section, for the moneys due said county or city and county and the townships and districts within such county or city and county, in the same manner as settlements are made between the county or city and county treasurers and "the controller as provided for in section three thousand eight hundred sixty-six of this code. 3. Settlement with city and town treasurers. The controller shall at the same times, settle with each city and town for the moneys due such city or town for the purposes mentioned in this section, and when ready for such settlement shall notify the city or town treasurer of the amount of money due the city or town for said purposes, and that upon receipt of proper authority so to do, he will forward to said city or town treas- urer a warrant for the amount thereof; provided, however, that upon receipt of notice from any such city or town treasurer that any bond issue matures for jirincipal or interest before the date of such settle- ment, which notice shall state the amount thereof due from the state and the date of maturity, and that said amount due from the state is required in order to pay the same, the said controller must, before said date of maturity, forward his warrant to such city or town treasurer in the manner above provided for the amount ascertained by him to be due. The treasurer of the county or city and county shall forthwith, upon receipt by him of the moneys so hereinbefore directed to be paid by said controller, credit the amount so received by him to the county, city and county, township or district, respectively entitled thereto, and ])ay the same in the manner provided by law. 4. Repayment of excess. Any excess paid by the controller to a county, city and county, city, town, or to a county or city and county or any township or district, over and above the state's share of the amount actually expended by such county, city and county, city, town, lownship or district, to pay the interest and principal of said bonded iadebtedness in any year, shall be repaid to the state in such manner as the controller shall direct. [New section added May 11, 1917; Stats. 1917, p. 367.] § 3671. Reimbursement of counties until 1918. Until the year one thousand nine hundred eighteen the state shall reimburse any and all §§3G71a-3671d political code. 340 counties which sustain loss of revenue by the withdrawal of railroad property from county taxation for the net loss in county revenue occa- sioned by the withdrawal of railroad property from county taxation in the manner, at the times, and in the amounts specified in an act of the thirty-ninth session of the legislature entitled "An act to provide for the reimbursement of counties in this state which sustain net loss of revenue by the withdrawal of railroad property from county taxation, under the provisions of section fourteen of article thirteen of the con- stitution of this state," or any act or acts amendatory thereof or sup- plementary thereto. [New section added May 11, 1917; Stats. 1917, p. 369.] The old section 3671, relating to the basis for eountv taxation was repealed May 11, 1917; Stats. 1917, p. 336. § 3671a. Expenses of county treasurer. The provisions of section three thousand eight hundred seventy-six of the Political Code shall not apply to the settlements made with the state treasurer under sections three thousand six hundred seventy c and three thousand six hundred seventy-one of this code, but the county board of supervisors may if it deem necessary allow the county treasurer the actual expenses incurred in collecting the money due the county from the state. [New section added May 11, 1917; Stats. 1917, p. 369.] § 36711}. Eeimbursement of districts. The board of supervisors of each county sliall in the mouth of September of each year determine the amount of loss to each district in the county where loss is occasioned in such district by the withdrawal from local taxation of property taxed for state purposes only, and in the month of December next there- after shall reimburse such district from the general funds of the county for one-half of such loss, and in the month of May next thereafter shall reimburse such district from the general fund of the county for the remaining one-half of sucli loss. [New section added May 11, 1917; Stats. 1917, p. 369.] § 3671c. Tax to meet deficiency in state revenue. Any tax required to be levied for state purposes as provided in subdivision (e) of section fourteen of article thirteen of the constitution as amended the eighth day of November in the year one thousand nine hundred ten, to meet any deficiency in the state revenue shall be assessed, levied and eol- iccted on all i)ro]ierty in the state, not exemi)t from taxation including llie cla.sses of j)roperty enumerated in section fourteen of article thir- teen of the constitution of this state, under the provisions of the I'oiitical Code relating to the assessment, levy and collection of state and county taxes as said provisions were in force on the seventh day of November in the year one thousand nine hundred ten. [New section added May 11, 1917; Stats. 1917, p. 369.] § 367 Id. Laws in effect. All laws in force prior to the eighth day of November in the year one thousand nine hundred ten, relating to taxation, in so far as said laws may be necessary for the assessment, levy, anil collection of state, county, city and county, municipal or dis- trict taxes, or in so far as said laws inay be necessary for the assess- 341 POLITICAL CODE. §§ 3678-3714 mont, levy and collection of the taxes foi' state purposes, on all the [)roperty in the state, not exempt from taxation, to meet a deficiency in the revenues for the support of the state government, or to pay the principal and interest of any bonded indebtedness created and outstand- ing by any city, city and county, county, town, township, or district, both as provided in subdivision (e) of section fourteen of article thir- teen of the constitution as amended on the eighth day of November in the year one thousand nine hundred ten shall be and remain, for such purposes, in full force and effect. [New section added May. 11, 1917; Stats. 1917, p. 870.] § 3678. Statement by auditor. To assist the assessor in the perform- ance of his duties, the auditor must annually transmit to the assessor, within ten days after the first Monday in March of each year, a com- plete and true statement of all property which has been redeemed under or by virtue of any sale made to the state for delinquent taxes, together with a complete and true statement of all property sold to the state and remaining unredeemed. [Amendment approved May 11, 1917; Stats. 1917, p. 430.] § 3679. Supervisors to use record in equalizing assessments. [Re- pealed May 11, 1917; Stats. 1917, p. 427.] § 3700a. Salary, secretary state board of equalization. The annual salary of the secretary of the state board of equaliztion is four thousand dollars, payable monthly in the same manner as the salaiies of other state officers are paid. [New section added May 14, 1917; Stats. 1917, p. 473.] §3701. Duties of secretary. It shall be the duty of the secretary to keep an accurate record of the proceedings of the board in a book spe- cially provided for such purposes. When required by the board or the chairman he shall visit the several counties and collect data and informa- tion relative to the assessment of property therein, or the railway prop- erty therein, and consult and advise with all officers charged with en- forcement of the revenue laws, and report such data and information to the board. To prepare, biennially, the report of the board to the gov- ernor, and when printed, to distribute such report, as required by law and as directed by the board. To do and perform all other acts and things enjoined by law or required by the board. The secretary is a civil executive officer and is authorized to administer and certify oaths in any county in the state. [Amendment approved May 11, 1917; Stats. 1917, p. 430.] § 3714. Limit for bonded indebtedness. The board of supervisors of each county must on the first Tuesday after the first Monday of Septem- ber of each year, fix the rate of county taxes, designating the number of cents levied for each fund on each one hundred dollars of property, and must levy the state and county taxes upon the taxable property in the county; provided, that it shall not be lawful for any board of super- visors of any county in the state to levy, nor shall any tax greater than fifty cents on each one hundred dollars of property be levied and col- §§ 3714a-3753 political code. 342 lected in any one year, to pay the bonded indebtedness, or judgment arising therefrom, of this state, or of any county or municipality in this state. [Amendment approved March 20, 1917; Stats. 1917, p. 13.] § 3714a. Statement of tax rate sent to controller. When the board of supervisors of each county, and city and county shall have fixed the rate of county, or city and county taxation, the clerk of the board of super- visors must, within three days after such rate has been fixed, transmit by mail, postage paid, to the controller, in such form as the controller shall direct, a statement of the rate of taxation levied by the board of supervisors for county, or city and county taxation. If the clerk fails to transmit such statement in the time herein provided for, he shall for- feit to the state one thousand dollars, to be recovered in an action brought by the attorney general, in the name of the controller. [New- section added May 11, 1917; Stats. 1917, p. 430.] §3719. Levy of state school tax. [Eepealed 1917; Stats. 1917, p. 431.] § 3728. Statements from "assessment-book." The auditor must, on or before the second Monday in August in each year, prepare from the "assessment-book" of such year, as corrected by the board of supervisors, duplicate statements, showing in separate columns — 1. The number of acres of land. 2. The total value of all property. 3. The value of real estate. 4. The value of improvements thereon. 0. The value of personal property, exclusive of money. 6. The amount of money. 7. Such other information as the state board of equalization may re- quire. [Amendment approved May 11, 1917; Stats. 1917, p. 431.] § 3734. Statement of amount charged sent to controller. On deliver- ing the assessment-book to the tax collector, the auditor must charge the tax collector with the full amount of the taxes levied, and forthwith transmit by mail to the controller of state, in such form as the controller may prescribe, a statement of the amount ?o charged. Any auditor fail- ing to forward such statement to the controller within ten days after the roll has been delivered to the tax collector, forfeits to the state one thou- sand dollars, to be recovered in an action brought by the attorney gen- eral, in the nam^ of the controller. [Amendment approved May 11, 1917; Stats. 1917,'p. 431.] § 3753. Statement by tax collector. On the first Monday in each month tlic tax collector must settle with the auditor for all moneys col- lected for the state or county, and pay the same to the county treasurer, and on the same day must deliver to and file in the office of the auditor ;i statement under oath, showing: 1. An itemized account of all his transactions and receipts since his last settlement, which account must show the amount collected for each fund or district extendod on the assessment-book. 343 POLITICAL CODE. §§ 3757-3818 2. That all money collected by him as tax collector has been so paid to the county treasurer. [Amendment approved May 11, 1917; Stats. 1917, p. 431.] §3757. When taxes become delinquent. [Eepealed 1917; Stats. 1917, p. 131.] § 3769a. Land sold for taxes encumbered by trust deed or mortgage. [Kepealed 1917; Stats. 1917, p. 431.] § 3787. Tax deed conclusive evidence. Such deed, duly acknowledged or proved, is (except as against actual fraud) conclusive evidence of the regularity of all other proceedings, from the assessment by the assessor, inclusive, up to the execution of the deed. Such deed conveys to the state the absolute title to the property de- scribed therein, free of all encumbrances, except any lien of taxes levied for municipal or irrigation district purposes and except when the land is owned by the United States or this state; in which case it is the prima facie evidence of the right of possession, accrued as of the date of tne deed to the state. [Amendment approved May 5, 1917; Stats. 1917, P. 241.] § 3804b. Property assessed by two or more counties. Cancellation of double assessment. Where real property shall hereafter be assessed by the assessors of two or more counties for the same year the owner thereof may file an action in the superior court of one of said counties against the conflicting claimants and discharge the obligation by paying the larg- est amount of taxes assessed and levied on said land by any of said counties into court and compel said counties to interplead and litigate their several claims among themselves in accordance with section three hundred eighty-six of the Code of Civil Procedure. Where real property has heretofore been assessed by the assessors of two or more counties for the same year and the owner thereof has paid all of the taxes on one of such assessments, upon proof of the payment of such taxes on one of such assessments for any year, by the production of a tax receipt or certificate of the auditor of the county in which such payment has been made, the board of supervisors of any other county claiming the right to assess and tax such real property, shall thereupon enter an order upon its minutes directing the auditor to cancel such double assessment of such property by an entry on the margin of the assessment-book, as also upon the delinquent list, should such double assessment be carried therein. If the property assessed under such double assessment has been sold to the state and a certificate of sale or deed therefor has been issued to the state, the order of the board shall further direct the recorder to can- eel such erroneous certificate and deed so issued except where the state has disposed of the property thereby conveyed. [New section added April 13, 1917; Stats. 1917, p. 118.] § 3818. Partial redemption of land sold for delinquent taxes. If land has separate valuation. If no separate valuation. Notice. Hearing of protest. In all cases where a lot, piece, or parcel of land contained in any assessment has been sold or may hereafter be sold for delinquent § 3818 POLITICAL CODE. 344 taxes to the state, and the state has not disposed of the same, a partial redemption may be made, separately from the whole assessment, of any such lot, piece or parcel of land as follows: If such lot, piece or parcel of land has a separate valuation on the assessment-roll, such partial redemption shall be made ifi. the manner following: In the estimate provided for in the preceding section, the auditor shall estimate the amount of state and county taxes due on such lot, piece or parcel of land, together with a proper proportion of the taxes due on personal property under such assessment, and of the taxes line each school, road, lesser or other taxation district; and such redemp- tion shall be made in the manner provided for in the preceding section. If such lot, piece or parcel of land does not have a separate valuation on the assessment-roll, the auditor shall investigate and ascertain the relative or proportionate value such lot, piece or parcel of real property bears to the whole tract assessed, and the auditor shall estimate the amount of such taxes due on such lot, piece or parcel of land according to such relative or proportionate value and the taxes due on any im- provements on the portion sought to be so redeemed, together with a relative proportion of the taxes due on personal property under such assessment, and of the taxes due each school, road, lesser or other taxa- tion district; whereupon such redemption shall be made in the manner provided for in the preceding section; provided, that no lot, piece or parcel of land owned or claimed under contract by the person so redeem- ing shall be divided for the purpose of such redemption. A notice by registered mail of the proposed division must be given by the auditor to the person or persons to whom the same was assessed, if known to the auditor, if not so known, by posting a notice of such proposed division for a period of twenty days in three public places in said county, and if no protest against said division be filed with the auditor within twenty liays from the date of the posting or mailing of such notice, the auditor shall thereupon issue an estimate as above stated. In cases where written protest is filed within said twenty days to said division, the auditor shall withhold his estimate and refer the matter to the board of supervisors for decision. The board of supervisors shall set a time for hearing said protest, and cause a notice of the date of said hearing to be mailed by its clerk to the person or persons who have filed a written protest with the auditor, as above provided, at the postoffice address named in such [protest, at least five days prior to the date of such hearing, and at the termination of said hearing may confirm the act of the auditor or modify nr set aside tlie same and its decision in the premises shall be final. In the event of such reference to the board of supervisors and of their ilividing the assessment, the estimate of the auditor shall conform to the action of the board. A partial redemption may be made, in like manner, neparatcly from the whole assessment, of an undivided interest in any real property, if such property has a separate valuation oil the assessment- roll; the auditor estimating the amount of taxes due on such undivided interest according to the proportion which such interest in said real prop- erty bears to the whole assessment. The recorder shall note, on the iriargin of the record of the certificate of sale a description of the prop- iTty or undivided interest redeemed under this section, and shall spe- 345 POLITICAL CODE. §§3839-3857 cifically set forth the several amounts of taxes paid upon such redemp- tion. [Amendment approved June 1, 1917; Stats. 1917, p. 1633.] §3839. Persons liable to poll tax. [Repealed 1917; Stats. 1917, p. 432.] §3840. When poll taxes to be collected, [Eepoaled 1917; Stats. 1917, J.. 432.] § 3841. Blank poll tax receipts to be printed by county treasurer. [Repealed 1917; Stats. 1917, p. 432.] § 3842. Style of poll tax blanks to be changed each year. [Repealed 1917; Stats. 1917, p. 432.] § 3843. Duty of treasurer in relation to poll tax receipts. [Repealed 1917; Stats. 1917, p. 432.] § 3844. Auditor to sign blank poll tax receipt and make entries. [Repealed 1917; Stats. 1917, p. 432.] § 3845. When auditor shall deliver poll tax receipts. [Repealed 1917; Stats. 1917, p. 432.] § 3846. Poll tax may be collected by seizure and sale of present prop- erty. [Repealed 1917; Stats. 1917, p. 432.] § 3847. Mode of conducting seizure and sale of personal property for poll tax. [Repealed 1917; Stats. 1917, p. 432.] § 3848. Debtors of persons owing poll tax to pay poll tax for such persons. [Repealed 1917; Stats. 1917, p. 432.] § 3849. What officers are debtors under preceding section. [Repealed 1917; Stats. 1917, p. 432.] § 3850. Debtor may charge his creditor for such poll tax paid. [Re- pealed 1917; Stats. 1917, p. 432.] § 3851. Poll tax receipt, delivery to purchaser or to person paying tax. [Repealed 1917; Stats. 1917, p. 432.] §3852. Poll tax receipt only evidence of payment. [Repealed 1917; Stats. 1917, p. 432.] § 3853. Monthly settlement of assessor with auditor for poll taxes. [Repealed 1917; Stats. 1917, p. 432.] §3854. Assessor to return unused poll tax receipts. [Repealed 1917; Stats. 1917, p. 432.] § 3855. Auditor to return poU tax receipts not used to the treasurer. [Repealed 1917; Stats. 1917, p. 432.] §3856. Treasurer, duty in relation to poll tax receipts. [Repealed 1917; Stats. 1917, p. 432.] § 3857. Assessor to keep roll of persons liable to poll tax and of payments and delinquents. [Repealed 1917; Stats. 1917, p. 432.] §§ 3858-3898 political code. 346 §3858. Duty of auditor when roll returned to him. [Repealed 1917; Stats. 1917, p. 432.] §3859. Correction of poll tax roll. [Repealed 1917; Stats. 1917, p. 432.] §3860. Unpaid poll tax a lien. [Repealed 1917; Stats. 1917, p. 432.] § 3861. Proceeds of poll tax paid to county treasurer for state school fund. [Repealed 1917; Stats. 1917, p. 432.] §3862. Compensation for collecting poll tax. [Repealed 1917; Stats. 1917, p. 432. § 3881. Correction of clerical errors in assessment-book. Defects in description or defects in form or clerical omissions of the assessor, or clerical errors of the asssesor, in anj' assessment-book, when it can be ascertained from the assessment-book, or from the assessor's maps or block-books, or other papers in the assessor's office, what was intended, or what should have been assessed, may, with the written consent of the district attorney, be supplied or corrected by the assessor at any time after the assessment was made, prior to the -sale for delinquent taxes; provided, that where said change will decrease the amount of taxes charged against the taxpayer by reason of said assessment, the consent of the board of supervisors shall also be necessary to said change; and provided, further, that where said change will increase the amount of taxes charged against the taxpayer by reason of said assessment, the per- son so charged shall be given at least five days' notice of the time when the matter will be heard by the board of supervisors, and he may at such time present any objections he may have to such change to the board of super- visors and their decision in the matter shall be conclusive. The date and nature of every such correction shall be entered on the assessment-book opposite said assessment, and the written authority therefor shall be filed by the assessor with the auditor and preserved by the auditor as a public record, and he shall make the proper charges or credits in his ac- count with the tax collector. In the city and county of San Francisco the written consent of the city attorney shall have the same force and effect as the written consent of the district attorney. [Amendment approved May 26, 1917; Stats. 1917, p. 968.] §3898. Distribution of moneys received from sale. 1. The moneys received from such sale shall be distributed as follows: The tax collector shall deduct the penalties, co.sts and other amounts received as expenses of such sale in such cases as the property so sold shall have been sold for a sum not less than the amount of all taxes levied thereon and all in- terest, costs, penalties and expenses up to the date of such sale, but where the property so sold shall have been sold for a sum less than said amount, the tax collector shall deduct only the amounts received as ex- penses attending such sale, and the balance shall be distributed between the state and the county, or city and county, in the proportion that the state rate bears to the county, or city and county, rate of taxation; said tax coileclor shall pay all amounts into the county treasury, and the treasurer shall account to the state for its portion in the settlement re- 347 POLITICAL CODE. § 3898 quired by section tliree thousand eight hundred sixty-five aud section three thousand eight hundred sixty-six. 2. Deed to purchaser. Fomi. No charge for deed. On receiving the amount bid, as prescribed in the preceding section, the tax collector must execute a deed to the purchaser, which deed shall be in substance and may be in form as follows: "This indenture, made the day of , 19 — , between , tax collector of the county of ■ — - — , state of California, first party, and of the county of , state of , second party, witnesseth: That whereas the real property hereinafter described was duly sold and conveyed to the state of California for the nonpayment of taxes which had been legally levied and which were a lien upon said property under and in accordance with law; and Whereas in conformity with law the state of California, acting by and through ■ , tax collector as aforesaid, did offer said property, herein- after described, for sale at public auction to the highest bidder, at which sale said second party became the purchaser of the whole thereof for the sum of $ . Now, therefore, the said first party in consideration of the premises and in pursuance of the statute in such case made and provided, does hereby grant to the said second party, his heirs and assigns, that certain real property hereinbefore referred to, and situate in the county of • , state of California, more particularly described as follows, to wit: In witness whereof, said first party has hereunto set his hand the day and year first above written. > Tax collector of the county of ." No other matters need be recited in the said deed than those provided for in the above form. No charge shall be made by the tax collector for the making of any such deed, and the acknowledgment of all such deeds shall be taken by the county clerk free of charge. Said deed shall be prima facie evidence of all the facts recited therein and shall operate to convey all of the interest of the state in and to said property. 3. Tax collector's report of sales. Within ten days after each sale as provided in the preceding section the tax collector shall report to the assessor and recorder, giving the name or names of all persons to whom deeds have been issued under the provisions of tliis section, together with the dates of such deeds, the amount for which the property was sold, a description of the property conveyed, together with the numbers and dates of the certificates of sale and of the tax deeds by which title to such property so granted was conveyed to the state. 4. Recorder's notations. The recorder shall note on the margin of each certificate of sale and of each tax deed involved in the sale and trans- fer of such property, the name of the purchaser, the date of the deed to the purchaser and the consideration named therein. The assessor shall use such report in his determination of the ownership of such property for assessment purposes. 5. Refund to purchaser not finally awarded property, (a) Whenever in any action at law, it has been or shall be determined by a court that §§ 4052c-1146 POLITICAL code. 348 the sale and conveyance provided for in this and the preceding section or in section three thousand seven hundred seventy-one of this code heretofore or hereafter made are void for any reason, and that the pur- chaser from the state may not be finally awarded the property so pur- chased, no decree of the court shall be given declaring a forfeiture of the property until the former owner, or other party in interest, shall have repaid to the purchaser the full amount of taxes, penalties and costs paid out and expended by him, to be determined by the court, in pursuit of the state's title to the property so sold. The said purchaser may within one year after such decree becomes final also present a claim against the county, in the manner provided by law, for a refund of the amount paid into the county treasury as the purchase price of such property in excess of the amount for which he may have been reimbursed for taxes, penalties and costs as herein provided, and such excess shall be refunded in accordance with section three thousand eight hundred four of this code. (b) Kefund for goveniment land erroneously sold. Whenever it shall be determined to the satisfaction of the board of supervisors of the county in which the land is situated that any land belonging to the United States government or to this state, a municipality or other polit- ical subdivision of this state has been erroneously sold and conveyed under the provisions of this or the preceding section, or section three thousand seven hundred seventy-one of this code, and the said land should not have been so sold, the purchaser at said sale may present a claim against the county in the manner provided by law for a refund of the amount so paid into the county treasury by reason of such sale. [Amendment approved May 18, 1917; Stats. 1917, p. 715.] § 4052c. Erection of historic monuments. The boards of supervisors In the several counties shall have, and they are hereby given, the power to appropriate money from the general fund of the county to erect monu- ments or to place tablets to commemorate historic spots or places within the limits of the county. [New section added May 31, 1917; Stats. 1917, p. 1366.] § 4115. Money found on dead body. 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. All said mon- eys must be kept in a separate fund. [Amendment approved May 5, lit 17; Stats. 1917, p. 259.] § 4146. Duties of coroner as to property of deceased persons. The Cor- mier must witliin thirty (hiys after an inijue.st upon ;i dead body deliver to the legal representatives of the deceased ajiy money or otiier property found ufion the body. If within the said thirty days no such legal rep- resentative makes a demand ujjon the coroner for the said money or jiroperty found upon the body of the decedent, then, upon the expiration (if th(! said lliiity djiys, the (ioroner must deliver to the treasurer any money found ii|>iim t lie body of the deceased, together with the proceeds of tiie sale of 1lir property found n|i(in tlie body of the decedent, wiiich sale shall lie lidd in accordance willi the [irovisious of section four thou- sand one hundred forty-six a of this code, and at llie same time an alli- (iii\it wilh the treasurer showing: 349 POLITICAL CODE. §§ 4146a-4:149b 1. The amount of money belonging to the estate of the deceased per- son which has come into his possession since his last statement. 2. The disposition made of such property. If the coroner or any justice of the peace acting as coroner fails to ilolivor to the treasurer within forty days after any inquest upon a dead body all money, or proceeds from the sale of property found upon such body, unless claimed in the meantime by the public administrator or other legal representative of the decedent as required by this section, the dis- trict attorney must ])roceed against the coroner or justice of the jjeace iicting as coroner to recover the same 'by civil action in the name of the county. [Amendment approved May 5, 1917; Stats. 1917, p. 259.] § 4146a. Sale of property at public auction. If within thirty days after an inquest u[ion a dead body no legal representative of such dece- dent shall have demanded from the coroner or any justice of the jjeace acting as coroner the property found upon the person of the decedent, the coroner or justice of the peace acting as coroner shall sell such prop- erty at public auction upon reasonable public notice, and must immediately thereafter deliver the proceeds of such sale to the treasurer, who shall place the same to the credit of the county, in the same manner as pre- scribed in section four thousand one hundred fifteen of this code. [New section added May 5, 1917; Stats. 1917, p. 259.] § 4147a. Powers of deputy coroners. If the coroner is absent or un- able to attend, the duties of his office may be discharged by any of his deputies with like authority, and subject to the same obligations and pen- alties as the coroner. [New section added May 5, 1917; Stats. 1917, p. 248.] , ; ,^ § 4149b. Appointment of county fish and game wardens. Deputy fish and game wardens. The board of supervisors of each county may, in the discretion of the board, at the first meeting thereof held in January, 1909, and in January every two years thereafter, appoint a suitable per- son to serve for the period of two years from the date of his appoint- ment as fish and game warden of the county. Such fish and game warden may be removed by the board of supervisors for intemperance, neglect of duty, or other good and sufficient reason. Said fish and game warden shall, before entering upon the discharge of his duties, execute a bond with sureties in such sum as may be required by the board of supervisors, for the faithful and proper discharge of his duties as such fish and game warden; and provided, further, that in counties of the third class the board of supervisors in their discretion may appoint a deputy fish and game warden. Deputy fish and game wardens shall have the same duties and powers as their principals. The salary of the deputy fish and game warden in counties of the third class shall be seventy-five dollars a month and shall be paid in the same manner and out of the same fund that the salary of the fish and game warden is paid, and the bond of the fish and game warden shall also be conditioned for the faithful discharge of the duties of his deputy, as well as of himself. [Amendment approved April 5, 1917; Stats. 1917, p. 41.] § 4232 POLITICAL CODE. 350 § 4232. Counties of third class, salaries of ofB.cers. In counties of the third class tlie eouut}- and township olUeers shall receive as full com- pensation for the services required of them by law or by virtue of their office the following salaries: I. County clerk. The county clerk, five thousand dollars per annum; provided, that the compensation of the county clerk in counties of this class during the present term of office of the present incumbent ending on the first Monday after the first day of January, 1919, shall be four thousand 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 two thousand four hundred dollars jier annum; one deputy, whose salary is hereby fixed at one thousand eight hundred dollars per annum; twenty-four deputies, whose salaries are hereby fixed at the sum of one thousand six hundred twenty dollars per annum each; two deputies, whose salaries are hereby fixed at the sum of one thousand two hundred dollars per annum each. All the foregoing deputies herein provided for, shall be appointed by the county clerk of said county, and their salaries shall be paid by the 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; 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: Fifteen clerks for a period of and not exceeding six months, whose salaries are hereby fixed at one hundred dollars per month each; fifteen clerks for a period of not exceeding one month, whose salaries are hereby fixed at one hundred dollars per month each; and also for any such year at least one additional deputy in each voting precinct in the county, who shall be a qualified elector of such precinct, for the purpose of register- ing electors; such additional deputies shall be paid five cents per name for each elector legally registered by them in the same manner as other county claims are paid; and provided, further, that if no help is allowed to county clerks under the direct primary law, the county clerk in coun- ties of this class, in such years as a general state direct primary election is held, shall be and he is hereby allowed the following additional help: Fifteen clerks for a period of and not exceeding two months immediately next preceding the direct primary election day, whose salaries are hereby fixed at one hundred dollars per month each; and provided, further, that in the event of a special election being held throughout the county, the county clerk is allowed fifteen additional deputies for a period of one month immediately preceding the day of such election, at a compensa- tion of one hundred dollars per month each; such clerks shall be ap- pointed by the county clerk of said county, 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 county; provided, further, any provision of law to the contrary notwith- standing, lliat ill the event the departments of the superior court in counties of the third class are increased to more than six, that at the lime of such increase there is allowed the county clerk to be appointed by such clerk an extra deputy to act as courtroom clerk for each depart- 351 POLITICAL CODE. § 4232 meiit of said superior court so created iu excess of the six departineuts now existing, the salaries of such deputies to be one thousand six hun- dred twenty dollars %cr annum each, to be paid by the 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 county. 2. Sheriff, 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, one under-sheriff, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum; two deputies, whose sal- aiios are hereby fixed at the sum of one thousand eight hundred dollars per annum each; twenty-four deputies, whose salaries are hereby fixed at the sum of one thousand six hundred twenty dollars per annum each; two engineers for the jail, whose salaries are hereby fixed at the sum of one thousand six hundred twenty dollars per annum each; one matron for the jail, whose salary is hereby fixed at one thousand twenty dollars per annum; one assistant matron, for a period not to exceed two weeks in any one year and to serve only during the vacation of the matron, at a salary of fortj'-two and one-half dollars for such two weeks; pro- vided, further, that the under-sheriff, all deputies, matron, assistant matron and engineers herein provided for shall be appointed by the sheriff and their salaries 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 sheriff; the sheriff shall also re- ceive the amount of money necessarily expended by him in serving all process and notices and all expenses necessarily incurred by him in the pursuit of criminals 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; provided, further, any provision of law to the con- trary notwithstanding, that in the event the departments of the superior court in counties of the third class are increased to more than six, that at the time of such increase there is allowed the sheriff to be appointed by him an extra deputy to act as bailiff for each department of said superior court so created in excess of the six departments now existing, the sal- aries of such deputies to be one thousand six hundred twenty dollars per annum each, to be paid by the 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 sheriff of such county. 3. Recorder. The recorder, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the recorder the following deputies and copyists who shall be appointed by the recorder of such county and shall be paid salaries and compensa- tions as follows: One chief deputy, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum; thirteen deputies, whose salaries are hereby fixed at the sum of one thousand five hundred dollars per annum each; one deputy, whose salary is hereby fixed at the ?um of one thousand eighty dollars per annum; provided, further, that I he salary of the chief deputy and the salaries of the deputies herein provided for 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 the § 4232 POLITICAL CODE. 352 class, the recorder shall be entitled to the actual cost incurred by him for the recording of all papers and documents and,, records in his office not to exceed six and three-fourths cents per folicfffor longhand record- ing and not to exceed four and one-half cents per folio for typewritten recording for each paper or document so recorded; and provided, further, that said recorder shall file monthly with the county auditor a sworn statement showing in detail the persons, and the amount paid to each for such recording. 4. Auditor, The auditor, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the auditor, one chief deputy, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum; six deputies, whose salaries are hereby fixed at the sum of one thousand six hundred twenty dollars per annum each; one deputy, whose salary is hereby fixed at the sum of one thousand two hundred dollars per annum and such additional assistance as the auditor may appoint and whose compensation shall not in the aggregate exceed the sum of two thousand five hundred dollars per annum; and provided, that the auditor shall file with the county clerk a sworn statement showing in detail the amounts paid and the persons to whom said compensation is paid for such extra assistance as aforesaid; provided, further, that the chief deputy and deputies shall be appointed by the auditor of said county and their salaries 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 funds as is the salary of the auditor. 5. Treasurer. The treasurer, six thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the treasurer, one chief deputy, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum; one deputy, whose salary is hereby fixed at the sum of two thousand one hundred dollars per annum; two deputies, whose salaries are hereby fixed at the sum of one thousand eight hundred dollars per annum each, which sums shall be paid by said county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of the treasurer; provided, that the chief deputy and the three deputies herein provided for shall be appointed by the treasurer of said county; and provided, further, that all commissions and fees required or per- mitted by any law of this state, or of the United States, to be collected by the treasurer either as an officer or ex-officio officer, his deputies or iissistants, for the performance of any official duty, shall be collected for the benefit of the county and shall bo jiaid into the salary fund of the county monthly. G. Tax collector. Tiio tax collector, four 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 two thousand four hundred dollars per annum; two deputies, whose salaries are horehy fixed at the sum of one thousand eight hun- dred dollars jkt anninn (!ach; eiglit il('|int ics, whose salaries are hereby fixed at tlu! sum of oni' thousand five hiinilred dollars ])er annum each; one dc|Mify to l)e ilcsignatccl as I lie land agent whose salary is hereby fix('(| at the sum of one tlioiisiuid six hnndied twenty dollars per annum; 353 POLITICAL CODE. § 4232 provided, further, that there shall be. and there hereby is allowed to the tux collector three extra deputies for a period uot to exceed eight months ill any one year, at a salary of one hundred dollars per month each; six extra deputies for a period not to exceed five mouths in any one year, at a salary of one hundred dollars per month each; six extra deputies for a period not to exceed four months in any one year, at a salary of one hundred dollars per month each; provided, further, that in counties of this class the tax collector shall appoint six persons to be known as iudexers, which office is hereby created, and whose duties it shall be under the supervision and direction of the tax collector to compile, make out, and complete an index of the assessment-rolls of the county, and of the sanitary assessment-rolls for each sanitary district in counties of this class, yearly, commencing with the year nineteen hundred nine, as soon as the said rolls are completed by the assessor of the county and each assessor of said sanitary districts and for each year thereafter. The said indexes to be a public record for use of the tax collector and the general public and to be kept in the office of the tax collector during the collection of taxes and to be turned over to the auditor at the same time as the assessment-rolls are turned over iia the final settlement of the tax collector with the county auditor. Such iudexers shall be paid a salary of one hundred dollars per mouth each, payable at the same time and in the same manner as other county officers are paid, but such iu- dexers shall not be employed to exceed four months in any one year; provided, further, that the chief deputy and all other deputies herein provided for shall be appointed by the tax collector of said county, and the salaries of said chief deputy and all other deputies herein provided for shall be paid by said county during the time which they shall hold office as herein provided at the same time and in the same manner and out of the same fund as the salary of the tax collector. 7. License collector. The license collector shall receive fifteen per cent of all licenses collected by him. S. Assessor. The assessor, seven thousand dollars per annum and necessary traveling expenses in the performance of the duties of his office; provided, that in counties of this class there shall be, and there hereby is, allowed to the assessor, the following assistants and deputies who shall be appointed by the assessor and shall be paid salaries as fol- lows: One assistant assessor, whose salary is hereby fixed at the sum of three thousand dollars per annum; one chief deputy, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum; four deputies, whose salaries are hereby fixed at the sum of one thousand eight hundred dollars per annum each; four deputies, whose salaries are hereby fixed at the sum of one thousand six hundred twenty dollars per annum each; twenty-five deputies, whose salaries are hereby fixed at the sum of one thousand five hundred dollars per annum each; four deputies, whose salaries are hereby fixed at the sum of one thousand two hundred dollars per annum each; ten deputies for a period not to exceed six months in any one year, whose salaries are hereby fixed at the sum of one hundred twenty-five dollars per mouth each; two deputies for a period not to exceed six months in any one year, whose salaries are hereby fixed at the sum of one hundred fifty dollars per month each; .23 § 4232 POLITICAL CODE. 354 and such additional deputies as the assessor may appoint and whose com- pensation shall not in the aggregate exceed the sum of three thousand 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 compensation is paid for such extra assistants as aforesaid. The salaries herein provided for shall be paid by the said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the assessor is paid; 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 for the use of any municipality, but shall only receive the actual cost by him incurred in making or preparing said maps, plats, block-books, or assessment-rolls; and provided, further, that he shall file with the county auditor a sworn statement showing the persons to whom and the amounts paid to each for such maps, block-books or assessment-rolls, and shall account forthwith and pay over to the county any difference between such costs and the amount allowed him for such work; and provided, fur- ther, that the salaries herein named shall be in full compensation for all services of every kind and description rendered by the assessor, his dep- uties and assistants; and 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 the said assessor receive any compensa- tion for making out the military roll of persons returned by him as sub- ject to military duty as provided by section one thousand nine hundred one of the Political Code. 9. District attorney. Assistants. The district attorney, four thousand dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed to the district attorney the following assist- ant, 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, whose salary is hereby fixed at the sum of two hundred seventy-five dollars per month; one chief deputy district attorney, whose salary is hereby fixed at the sum of two hundred fifty dollars per month; two deputies district attorney, whose salaries are hereby fixed at the sum of two hundred twenty-five dollars per month each; two deputies district attorney, whose salaries are hereby fixed at the sum of two hundred dollars per month each; two deputies district attorney, whose salaries are hereby fixed at the sum of one hundred seventy-five dollars per month each; one deputy district attorney, whose salary is hereby fixed at the sum of one hundred fifty dollars per month; two deputies district attorney, whose salaries are hereby fixed at the sum of two hundred dollars per month each, whose duty it sliall be, in addi- tion to [xTforming services as deputies district attorney, to attend the sessions of the ])oiice courts in cities of the second class and conduct, on behalf of the peoj)]e, all jirosecutions for public offenses of which said police courts shall have jurisdiction; one clerk whose salary is hereby fixed at the sum of one hundred thirty-five dollars per month; one 355 POLITICAL CODE. § 4232 eJcrk and private exchange operator at a salary of nine hundred dollars per annum J one process server, whose salary is hereby fixed at the sum of one hundred dollars per month; three stenographers, whose salaries are hereby fixed at the sum of one hundre.d dollars per month each; one detective who shall assist the district' attorney in the detection of crime and jirosccution of criminal cases, whose salary is hereby fixed at the sum of one hundred seventy-five dollars per month; and provided, fur- ther, that nothing herein contained shall be construed to prevent the boards of supervisors of counties of this class from employing sxiecial counsel in civil cases, when in the judgment of said boards the interests of said county require it. The salaries of said assistants, deputies, clerk, detective, process server, private exchange operator, stenographers and special counsel in this subdivision provided for shall be payable by the county in monthly in- stallments at the same time and in the same manner and out of the same fund as the salary of the district attorney is paid. 10. Coroner. The coroner, four thousand dollars per annum and his necessary traveling expenses as follows: Ten cents per mile for distance actually traveled outside the cities of Oakland, Berkeley, Alameda, Pied- mont, Emeryville* and San Leandro, said traveling expenses not to exceed twenty dollars in any one calendar month; provided, further, that in counties of this class, there shall be, and there hereby is, allowed to the coroner one autopsy physician and surgeon whose salary is hereby fixed at the sum of one thousand eight hundred dollars per annum who shall perform all autopsies and inspections in all cases required by the coroner except that where the distance from the county seat exceeds twenty miles the coroner may subpoena a physician or surgeon to perform such autopsy or to inspect the body; one deputy whose salary is hereby fixed at the sum of one thousand eight hundred dollars per annum and one stenog- rapher, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum, and who shall be paid, in addition thereto, for transcribing all the testimony and proceedings taken by him at any inquest, the sum of fifteen cents per one hundred words for one copy, and ten cents per one hundred words for two copies made at one time and in every case where the death of any person shall have been caused by the criminal act of another, such stenographer shall make a copy of the transcript of the testimony and proceedings taken at such inquest for the use of the district attorney of such county; in all inquests so re- ported, the fees for transcribing, as provided herein, shall be paid out of the county treasury upon the order of the coroner. When such testimony is taken down by such stenographer as herein set forth his transcription thereof, duly certified to by him, shall consti- tute the deposition of the witnesses testifying at such inquest so reported by such stenographer. The autopsy physician and surgeon, deputy and stenographer herein provided for shall be appointed by the coroner, 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 the county officers in counties of this class. The cor- oner must hold inquests as prescribed by chapter two, title twelve, part two of the Penal Code, and he, or any other officer holding the inquest § 4232 POLITICAL CODE. 356 upon the body of a deceased person, may subpoena a chemist to make an analysis of the contents of the stomach or of the tissues of the body. 11. Public administrator. The public administrator such fees as are now or may be hereafter allowed .by law. 12. Superintendent of schools. The superintendent of schools, four thousand dollars per annum; provided, that in counties of this class there shall be and hereby is allowed to the superintendent of schools, one assistant superintendent of schools, one chief deputy superintendent of schools and one deputy superintendent of schools, all of whom shail be appointed by the superintendent of schools of said county, and whose salaries shall be as follows: The salary of the assistant superintendent of schools shall be two hundred dollars per month; the salary of the chief deputy superintendent of schools shall be one hundred fifty dollars per month; and that of the deputy superintendent of schools shall be one hundred twenty-five dollars per month. The salaries shall be paid out of the same fund and in the same manner as the salary of the superin- tendent of schools is paid. 13. Surveyor. The surveyor shall receive a salary of four thousand dollars per annum; provided, that in counties of this class there shall be, and there is hereby allowed to the surveyor one deputy, whose salary is hereby fixed at the sum of two thousand seven hundred dollars per annum. The salary of such surveyor 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 the salaries of other county ofiicers are paid. All work which the surveyor is directed or charged to perform by law, or by order of the board of supervisors of such county shall be performed by the said surveyor at actual cost; provided, however, that on all such work other than block-book work hereinafter provided for, transit men and office men when actually engaged on such county work shall receive a per diem of not to exceed six dollars, and chainmen when actually engaged on such county work shall receive a per diem of not to exceed three dollars; and provided, further, that for the making, plat- ting, tracing, or otherwise preparing maps, plats or block-books for the use of the county or any municipality within such county there shall be and there hereby is allowed to the surveyor the following draftsmen who shall be paid salaries as follows: One chief draftsman, whose salary is hereby fixed at the sum of one hundred seventy-five dollars per month; one assistant draftsman, whose salary is hereby fixed at the sum of one hundred thirty-five dollars per month; four assistant draftsmen for a period not to exceed eight months in any one year whose salaries are hereby fixed at the sum of one hun- dred thirty-five dollars per mouth each; and provided, further, that the surveyor shall be allowed all necessary expenses for work performed for the county by virtue of his office and all necessary expenses and trans- portation for work performed in the field. The said surveyor shall render to the auditor of said county a monthly sworn statement showing therein the kind or nature of work performed, the dates, amount paid to assist- ants and paid for expenses. The salary herein fixed for said surveyor shall be in lieu of all odicr fees, commissions or compensations of what- soever kind or nature iOi' services performed by said surveyor for said county. 357 POLITICAL CODE, § 4232 The deputy, draftsman and assistant draftsmen herein provided for shall be appointed by the surveyor 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 officers in counties of this class. 14. Justices of the peace. .Tustices of the peace shall receive the fol- lowing monthly salaries to be paid each month and in the manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them as justices of the peace: In tovpnships iiaving a population of more than seventy-five thousand, four thousand dollars per annum; in townships having a population of forty-five thou- sand and less than seventy-five thousand, two thousand four hundred dollars per annum; in townships having a population of twenty thousand and less than forty-five thousand, two thousand four hundred dollars per annum; in townships having a population of less than twenty thousand, one thousand three hundred eighty dollars per annum; and provided, further, that 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 fees and fines collected by him as such justice of the peace and on the first Monday of each and every month he must pay such fees and fines so collected into the county treasury or city treasury as provided by law; and provided, further, that the board of supervisors of counties of the third class shall furnish each justice of the peace with a suitable office in which to hold court and shall also furnish the necessary furniture, books, blanks and supplies for said court; and provided, further, that in townships having a population of more than seventy-five thousand there shall be one justice's clerk, and one deputy justice's clerk, who shall be appointed by the justice of the peace of said township or justices, if more than one, and who shall perform such duties as are required of them by law or the justice or justices of said township. The salary of said clerk is hereby fixed at the sum of one thousand eight hundred dollars per annum, and that of the deputy clerk at one thousand two hundred dollars per annum, payable in equal monthly installments out of the same fund and in the same manner and at the same time as the salary of the justice of the peace is paid. For the pur- pose of this section the population of townships in counties of this class is hereby determined to be the poulation of such townships as shown by the federal census taken in the year Anno Domini nineteen hundred ten. Any increase in the compensation of any justice of the peace in this subdivision provided shall not become effective until the end of the present term of office of the present incumbent; during the present term such justice shall receive the salary fixed, by law prior to this amendment of this section. 15. Constables. 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 popu- lation of more than seventy-five thousand, one hundred fifty dollars; in townships having a population of twenty thousand and less than seventy- five thousand, one hundred twenty-five dollars; in townships having a population of less than twenty thousand, one hundred fifteen dollars. § 4233 POLITICAL CODE. 358 In additiou to the eompeusatiou received iu criminal cases each constable may 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 cases; provided, that in counties of this class constables shall be and they are hereby allowed such expenses as are actually and necessarily incurred by them in conveying prisoners to and from the county jail, such expenses to be itemized and presented as a claim against the county and to be audited and allowed by the board of supervisors and paid out of the county treasury in the same manner as are other claims. For the purpose of this section the population of townships in counties of this class is hereby determined to be the population of such townships as shown by the federal census taken in the year Anno Domini nineteen hundred ten. 16. Supervisors. Each supervisor, two hundred twenty-five dollars per mohth; provided, that in counties of this class supervisors charged as road commissioners with the inspection of five hundred or more miles of roads within their respective districts, shall be and they are hereby allowed their actual traveling expenses not to exceed the sum of seventy- five dollars in any one calendar month; and provided, further, that, in counties of this class supervisors charged as road commissioners with the inspection of two hundred fifty and not exceeding five hundred miles of roads within their respective districts, shall be, and they are hereby allowed their actual traveling expenses not to exceed fifty dollars in any one calendar month; and provided, further, that in lieu of the above- mentioned amounts for traveling expenses, said supervisors charged as road commissioners may be furnished with automobiles by counties of the third class. [Amendmeut approved May 28, 1917; Stats. 1017, p. 1227.] § 4233. Counties of fourth class, salaries of officers. In counties of the fourth class county officers shall receive as compensation for the services required of them by law, or by virtue of their office, the follow- ing salaries, to wit: 1. County clerk. The county clerk, three thousand six hundred dol- lars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk one deputy county clerk who shall act as clerk of the probate department, who shall re- ceive a salary of one thousand eight hundred dollars per annum; also one deputy county clerk to act as clerk to the board of supervisors, who shall receive a salary of one thousand eight hundred dollars per annum; also one deputy county clerk who shall be the registrar of voters and who shall receive a salary of one thousand six hundred twenty dollars per annum; also one deputy county clerk who shall serve as general office clerk who shall receive a salary of one thousand eight hundred dollars per annum; also three deputy county clerks who shall serve as clerks of the several departnuMits of the superior court wlio shall receive a salary of one tliousand five hundred dollars per annum each; also one deputy county clerk who sliall serve as desk clerk who shall receive a salary of one thousand three hundred eighty dollars per annum; provided, however, that the county clerk shall not be aliowcd the additional deputy provided by section four thousand 359 POLITICAL CODE. § 4233 two hundred ninety of the Political Code of the State of California; also one deputy county clerk who shall be "copyist in the probate de- partment," who shall receive a salary of one thousand two hundred dollars per annum; the deputies 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 funds as the salary of the 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 said clerk may appoint two deputies who shall serve for a term of twelve months, who shall each receive a salary of eighty-five dollars per month, to be paid as are other deputies herein provided for; two deputies who shall serve for a term of eight months who shall each receive a salary of eighty-five dollars per month, to be paid as are other deputies herein provided for; and two deputies who shall serve for a term of six months who shall each receive a salary of eighty-five dollars per month, to be paid as are other deputies herein provided for; also one additional deputy in each voting precinct in the county, outside of the corporate limits of municipalities containing twenty-five thousand or more in- habitants, for the purpose of registering electors in such precincts, who shall be paid ten cents per name for each elector legally registered by them; provided, that said county clerk may be allowed the actual and necessary expenses incurred by him in the performance of his of- ficial duties, and shall pay into the county treasury all fees received by him in his ofiicial capacity from whatever source they may be de- rived. 2. Sheriff. The sheriff, four thousand dollars per annum; provided,, that there shall be and there hereby is allowed to the sheriff one under- sheriff whose salary is hereby fixed at the sum of one thousand eight hundred dollars per annum; also two deputies who shall each receive a salary of one thousand five hundred dollars per 'annum; also seven deputies who shall each receive a salary of one thousand three hun- dred twenty dollars per annum, one of whom shall speak the Italian language and shall be competent to act as an Italian interpreter; also one deputy who shall act as matron of the county jail who shall re- ceive a salary of one thousand twenty dollars per annum. The under- sheriff and deputies herein provided for shall be appointed by the sheriff and paid at the same time and in the same manner and out of the same funds as is the salary of the sheriff; provided, that said sheriff shall be allowed the actual and necessary expenses incurred in the performance of his ofiicial duties. He shall pay into the county treas- ury all fees and mileage collected by him for the service of papers or process issued by any court of this state. 3. Recorder. The county recorder, three thousand six hundred dol- lars per annum, and said recorder may appoint one deputy recorder who shall receive a salary of one thousand eight hundred dollars per annum; three deputy recorders who shall each receive a salary of one thousand two hundred dollars per annum; also six deputy recorders who shall each receive a salary of nine hundred dollars per annum. The deputies herein provided for shall be paid at the same time and in § -1233 POLITICAL CODE. 360 the same manner and out of the same funds as the county recorder; provided, that such recorder may be allowed the actual and necessary expenses incurred by him in the performance of his official duties and shall pay into the county treasury all fees received by him in his of- ficial capacity from whatever source they may be derived. 4. Auditor. The county auditor, three thousand six hundred dollars per annum, and said auditor may appoint one deputy auditor who shall receive a salary of one thousand eight hundred dollars per annum; also one deputy auditor who shall receive a salarj- of one thousand five hundred dollars per annum; also one deputy auditor who shall receive a salary of one thousand three hundred eighty dollars per annum; also two additional deputies for a period of six months in each year who shall each receive a salary of one hundred dollars per month; provided, that for the purpose of performing the work imposed upon him in connection with the annual assessment and collection of property taxes, the auditor may be allowed six additional deputies for a period of one month who shall each receive a salary of one hundred dollars per month and five additional deputies for a period of two months who sliall each receive a salary of one hun- dred dollars per month. The deputies herein provided for shall be paid at the same time and in the same manner as is the county auditor; pro- vided, that such auditor shall pay into the county treasury all fees re- ceived by him in his official capacity. 5. Treasurer. The county treasurer, three thousand six hundred dol- lars per annum, and said treasurer may appoint one deput.v treasurer, who slial] receive a salary of one thousand eight hundred dollars per an- num. The premium on the bond of said deputy treasurer shall be paid by the county. All fees and commissions collected by him in his official capacity shall be paid into the county treasury; provided, that the county treasurer shall be entitled to retain for his own use the fees which are now or which may hereafter be allowed by the state law for the collec- tion and payment to the state treasurer of inheritance taxes. When- ever the fees received on account of any one estate paying inheritance taxes shall exceed the sum of two hundred dollars such excess shall be by the county treasurer paid into the county treasury as in the case of fees received by him from other sources. The deputy herein provided for shall be paid at the same time and in the same manner and out of the same funds as is the county treasurer. 6. Tax collector. The tax collector, three thousand six hundred dol- lars per aiiiiuin, ;iiid said tax collector may appoint one deputy tax col- lector who sliall receive a salary of one thousand eight hundred dollars per annum; one additional deputy tax collector who shall receive a sal- ary of one thousand five hundred dollars per annum; also twelve addi- tional deputy tax collectors to serve as such only for a period of two and one-half months in cnch year, and who shall receive a salary of one hundred dollars each jior month; also three additional deputy tax col- lectors who shall serve as such only during two months of each year and who shall receive a salary of one hundred dollars each per month; also eleven copyists who shall serve only during one and one-half months of each year, and shall each receive a salary of eighty-five dollars per 361 POLITICAL CODE. § 4233 month. The deputies and copyists herein provided for shall be paid at the same time and in the same manner and out of the same funds as is the salary of the tax collector; provided, that said tax collector shall be allowed the actual and necessary expenses incurred by him in the performance of his official duties, including the making and compiling of the necessary indices to the assessment-roll, and shall pay into the county treasury all fees received by him in his official capacity from whatever source they may be derived. 7. License collector. The license collector, fifteen per cent of the whole amount of license collected by him; provided, that the entire com- pensation of said license collector shall not exceed the sum of one thou- sand five hundred dollars per annum. 8. Assessor. The county assessor, three thousand six hundred dollars- per annum; and said assessor may appoint one chief deputy assessor who shall receive a salary of one thousand eight hundred dollars per annum; one supervising deputy assessor who shall receive a salary of one thou- sand six hnudred "dollars per annum; one office deputy assessor who shall receive a salary of one thousand five hundred dollars per annum; one searcher of records and office deputy to serve as such at a salary of one thousand five hundred dollars per annum; also twenty deputy assessors who shall serve as such during the months of March, April, May and June of each year, who shall each receive a salary of one hundred dol- lars per month, also five additional deputy assessors who shall serve as such only during the months of March, April, May, June and July of each year who shall each receive a salary of one hundred dollars per month; two copyists who shall each receive a salary of one thousand two hundred dollars per annum, and also five copyists to serve as such only during four months of each year who shall receive a salary of one hundred dollars each per month; provided, that the above salaries and compensations shall be in full for all services rendered by him as such assessor and that no commission for the collection of state or infirmary poll taxes or personal property taxes shall be retained by him but that all such commissions shall be paid into the county treasury. The depu- ties and copyists herein provided for shall be paid at the same time and in the same manner and out of the same fund as is the county assessor; provided, that the assessor shall be allowed the actual and necessary expenses incurred by him in the performance of his official duties. 9. District attorney. The district attorney, three thousand six hundred dollars per annum; he may appoint a chief deputy at a salary of two thousand seven hundred dollars per annum; one assistant district attor- ney at a salary of two thousand one hundred dollars per annum; one assistant district attorney at a salary of one thousand eight hundred dollars per annum; and a deputy district attorney at a salary of one thousand eight hundred dollars per annum; one detective who shall serve at a salary of one thousand five hundred dollars per annum; provided, however, that no further or additional amounts shall be allowed for detective services without the previous consent and authority of the board of supervisors, and a clerk at a salary of one thousand two hun- dred dollars per annum, all of whom shall be paid in the same manner § 4233 POLITICAL CODE. 362 as said district attorney; provided, that said district attorney shall be allowed the actual and necessary expenses incurred by him in the per- formance of his official duties. All fees and commissions collected by him shall be paid into the county treasury. 10. Coroner and public administrator. The coroner and public adminis- trator such fees as are now or may hereafter be allowed by law. Said coroner may appoint a deputy coroner to serve in the absence from the county or inability of the coroner to act; provided, that said deputy coroner shall receive only such fees as the coroner would receive if acting. 11. Superintendent of schools. The county superintendent of schools, three thousand dollars per annum, and the said superintendent of schools ■ may appoint a deputy superintendent of schools who shall receive a sal- ary of one thousand three hundred twenty dollars per annum and the said superintendent of schools shall also be paid his actual traveling expenses when visiting the schools of the county. The deputy herein provided for shall be paid at the same time and in the same manner and out of the same fund as is the superintendent of schools. 12. Surveyor. The county surveyor, the sum of three thousand six hundred dollars per annum; provided, that the increase over the salary heretofore allowed said county surveyor shall not take effect until the first Monday in January, 1919. Said surveyor may appoint a deputy sur- veyor who shall receive a salary of one thousand six hundred dollars per annum; also one deputy who shall receive a salary of one thousand three hundred twenty dollars per annum; and one deputy who shall be a drafts- man whose duties shall include the preparation of maps for the county assessor at a salary of one thousand two hundred dollars per annum; one deputy at a salary of one thousand two hundred dollars per annum and one dieputy at a salary of one thousand eighty dollars per annum; and one deputy at nine hundred dollars per annum. Such compensation and salaries as above set forth shall be in- full for all services as such county surveyor, and all fees and compensation received or collected by him for surveying other than for the county, shall be paid into the county treas- ury; provided, that said county surveyor shall be allowed all necessary transportation and expenses incurred by himself or deputies for work performed in the field, and in the official discharge of his duties. Such salaries shall be paid at the same time and in the same manner as the salaries of other county officers are paid. Said surveyor shall also have power to appoint such inspectors as he may deem necessary, for the proper supervision of all roads and bridges under construction, and the compensation of said inspectors shall be a proper charge against the county. 13. Fish and game warden. The fish and game warden, one thousand two hundred dollars per annum and the actual and necessary expenses incurred by him in the performance of his official duties, not to exceed fifty dollars for any one mnnlli. 1 1. Supervisors. The Ikj.hiI of supci-N isors may at any lime grant such additional assistance, or pay for such additional employees or service as 363 POLITICAL CODE. § 4233 it deems necessary to perform any service required by or in connection with any of the foregoing county offices in counties of this class. 15. Justices of the peace. In counties of this class, justices of the peace shall be compensated as follows, and all salaries shall be payable monthly in the same manner as the salaries of county officers are paid, viz: (1) In townships having a population of twenty thousand or more, justices of the peace shall each receive a salary of two hundred fifty dollars per month as full compensation for all services rendered by them, except as hereinafter provided; provided, however, that in all such town- ships having a population of twenty thousand or more, there shall be two township justices of the peace in and for any such township, and said justices shall each be allowed a clerk to be appointed by the justices of the peace at a salary of one hundred dollars per month, each, 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. (2) In townships _having a population of five thousand and less than twenty thousand, justices of the peace shall each receive a salary of one hundred thirty-seven dollars and fifty cents per month for all services rendered by them, except as hereinafter provided. (3) In townships having a population of four thousand four hundred and less than five thousand, justices of the peace shall each receive a salary of one hundred thirty-five dollars per month as full compensation for all services rendered by them, except as hereinafter provided. (4) In townships having a population of two thousand five hundred and less than four thousand four hundred, justices of the peace shall each receive a salary of seventy-five dollars per month as full compensation for all services rendered by them except as hereinafter provided. (5) In townships having a population of two thousand two hundred fifty and less than two thousand five hundred, justices of the peace shall each receive the sum of sixty dollars per month as salary for all services rendered in both civil and criminal cases. All fees collected by them shall be paid monthly by them into the county treasury. (6) In townships having a population of one thousand and less than two thousand five hundred, justices of the peace shall each receive a sal- ary of fifty dollars per month as full compensatiqn for all serAdces ren- dered by them, except as hereinafter provided. (7) In townships having a population of less than one thousand, jus- tices of the peace shell each receive a salary of thirty dollars per month as full compensation for all services rendered by them, except as herein- after provided. Justices of the peace in all townships in counties of the fourth class shall be permitted to receive and retain for their own use, fees for cele- brating marriages and returning certificates thereof, but all other fees shall be collected by them and by them paid into the county treasury at least once a month. ' 16. Constables. Population of townships. In counties of this class constables shall be compensated as follows, and all salaries herein pro- § 4233 POLITICAL CODE. 364 vided shall be paid in the s'ame manner as the salaries of county officers are paid, viz: (1) In townships having a population of twenty thousand or more, con- stables shall each receive a salary of one hundred dollars per month for all services rendered by them in criminal cases. As compensation for all services rendered in civil cases and all other matters wherein they may charge fees for their services, a constable may collect and retain for his own use as his compensation such fees as are now, or may hereafter be allowed by law. (2) In townships having a population of five thousand and less than twenty thousand, constables shall each receive the sum of seventy-seven dollars and fifty cents per month as a salary for all services rendered by them in criminal cases. As compensation for all services rendered by them in civil cases and in all other matters wherein they may charge fees for their services, a constable may collect and retain for his own use as his compensation such fees as are now or may hereafter be allowed by law. (3) In townships having a population of four thousand four hundred and less than five thousand, constables shall each receive the sum of seventy-seven dollars and fifty cents per month as a salary for all ser- vices rendered by them in criminal cases, civil cases and in the perform- ance of all other duties imposed upon them by law. All fees chargeable and collectible in both criminal cases, civil cases, and in all other cases wherein fees are chargeable by constables, they shall collect in advance and pay monthly into the county treasury. (4) In townships having a population of two thousand five hundred and less than four thousand four hundred, constables shall each receive the sum of sixty dollars per month as a salary for all services rendered by them in both civil and criminal cases. All fees collected by them in civil and criminal cases shall be paid monthly by them into the county treas- ur}'. For all services performed by them, they may charge and retain for their own use such fees as are chargeable at law. (5) In townships having a population of two thousand two hundred fifty and less than two thousand five hundred, constables shall each re- ceive the sum of sixty dollars per month as salary for all services ren- dered in both civil and criminal cases. All fees collected by them shall be paid monthly by them into the county treasury. (6) In townships having a population of one thousand and less than Uvo hundred fifty, constables shall each receive the sum of forty dollars per month as salary for all services rendered in criminal cases. All fees collected by them in criminal cases shall be paid monthly by them into tlie county treasury. For all other services performed by them they may charge and collect for their own use such fees as are allowed by law. (7) In townships having a population of less than one thousand, con- stables shall each receive the sum of thirty dollars per month as a salary for all services rendered by them in criminal cases. All fees collected by tlioni in criminal cases shall be jiaid monthly into the county treasury. I'or all other services performed by them they may charge and collect for tlieir own use such fees as are allowed by law. 365 POLITICAL CODE. § 4233 Constables shall be allowed all necessary expenses incurred in con- veying prisoners. The population herein referred to in classifying townships for the pur- pose of regulating the compensation of justices of the peace and con- stables shall be the population found and determined by the federal census taken in the year 1910; provided, however, that a township census may be taken for the purpose of establishing the official census of such township in the manner hereinafter specified and when so taken, such census shall be known as and shall become the official census of such township in which it is taken and the population therein determined shall be and become the official population of such township. Whenever there shall be presented to the board of supervisors of the county a peti- tion signed by the qualified electors of any township or townships in num- ber equal to twenty-five per cent of the votes cast at the preceding gen- eral election, praying that said township or townships may be allowed to take the census of said township or townships for the purpose of ascertaining the population therein contained, the board of supervisors may order such census to be taken by one or more suitable persons appointed therefor by the board of supervisors and such census shall be taken by such persons so appointed, of all of the inhabitants of such township or townships. The full name of each person shall be plainly written, the names alphabetically arranged and regularly numbered in one complete series and when completed, shall be verified by the proper official authorized to administer oaths and be filed with the county clerk and thereupon, the same shall be known and shall be the official census of said township or townships. 17. Supervisors. Each supervisor, two thousand four hundred dollars per annum and mileage of ten cents per mile for each mile actually traveled in going to and from their residence to the county seat or in the performance of the duties required of them by law or by virtue of their office; provided, 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 five hundred dollars in any one calendar year; provided, that nothing in this subdivision shall be deemed to affect the compensation or mileage of any incumbent supervisor, but said incum- bent shall be paid such compensation and allowed such mileage as is now provided and allowed by law. 18. Jurors. The fees of grand jurors and trial jurors in the superior courts of said counties of the fourth class, in civil and criminal cases shall be three dollars, in lawful money of the United States, for each day's attendance, and mileage to be computed at the rate of fifteen cents per mile for each mile necessarily traveled in attending court, in going only. In criminal eases such fees and mileage of said trial jurors in the superior court shall be paid by the treasurer of the county out of the general fund of said county upon warrants drawn by the county auditor upon the written order of the judge of the court in which said juror was in attendance, and the treasurer of said county shall pay said warrants. The board of supervisors of said county is hereby directed to make suit- able appropriation for the payment of the fees herein provided for. [Amendment approved May 28, 1917; Stats. 1917, p. 1260.] § 4234 POLITICAL CODE. 366 § 4234. Counties of fifth class, salaries of officers. In counties of the fifth class the county oificers shall receive as compensation for the ser- vices required of them by law or by virtue of their offices, the following salaries, to wit: 1. County clerk. The county clerk, three thousand four hundred dol- lars per annum; he shall have one deplity at a salary of two thousand dollars per annum, one deputy at a salary of one thousand eight hundred dollars per annum; six deputies at a salary of one thousand five hundred dollars per annum each; three deputies at a salary of one thousand two hundred dollars per annum each, one of whom shall be a competent sten- ographer. He shall also have two additional deputies for a period ot not to exceed ten months during each and every even-numbered year, at, a salary of eighty dollars per month each during their said employment and four copyists for a period not to exceed six months during each and every even-numbered year, such copyists to receive a salary of sixty dollars per month during their said employment and also for any such even-numljered years shall appoint such deputies in the county as are necessary for the purpose of registering electors, such deputies to receive five cents per name for each elector legally registered by them. The county clerk shall pay into the county treasury at the close of each month all fees received by him during the month, accompanied by a statement of sources from whence received. 2. Sheriff. The sheriff, six thousand dollars per annum and all fees for the service of process issued without his county. He shall have an under-sheriff at a salary of one thousand eight hundred dollars per an- num; one field deputy at a salary of one thousand eight hundred dollars per annum, and two field deputies at a salary of one thousand five hun- dred dollars per annum each; one office deputy who shall have charge of the records made under the Bertillon system and who shall act as photog- rapher and who shall receive a salary of one thousand five hundred dol- lars per annum; five deputies whose salaries shall be one thousand two hundred dollars per annum each; a stenographer at a salary of one thou- sand two hundred dollars per annum; and a jailer at a salary of one thousand five hundred dollars per annum. The sheriff shall pay into the county treasury all sums received by him for service of processes issued within the county. !!. Recorder. The recorder, two tliousand seven hundred dollars per annum up to and until the first Monday in January, 1919, after which time he shall receive a salary of three thousand dollars per annum. lie shall have two deputies at a salary of one thousand eight hundred dollars each per annum and two deputies at salaries of one thousand five Inindred dollars each per annum; a statistician for compiling the vital statistics of the county at a salary of one thousand five hundred dollars Iter annum and an abstract clerk at a salary of one thousand five hundred dollars per annum; and one deputy for not to exceed six months in each year at a salary of one hundred dollars per month. The recorder shall liavc such copyists as are necessary to ])erform tlie duties of the office at a comitciisalioii oT six cents per folio. 4. Auditor. The auditor, two tliousaiid scxcn hundred dollars per annum up to and until the first Monday in January, 1919, after which 367 POLITICAL CODE. § 4234 time he shall receive a salary of three thousand dollars per annum. He shall have one deputy at a salary of one thousand eight hundred dollars per annum and one deputy at a salary of one thousand five hundred dol- lars per annum; a redemption clerk at a salary of one thousand five hundred dollars per annum; an additional deputy to act as bookkeeper at a salary of one thousand five hundred dollars per annum and three deputies for not to exceed one hundred twenty days in each year at a salary of four dollars per day each who shall make segregation of road district values and perform such other service as required by law. 5. Treasurer. The treasurer, two thousand seven hundred dollars per annum up to and until the first Monday in January, 1919, after which time he shall receive a salary of three thousand dollars per annum. He shall have one deputy at a salary of one thousand eight hundred dollars per annum, one additional deputy who shall act as bookkeeper at a salary of one thousand five hundred dollars per annum, and one deputy at a salary of one thousand two hundred dollars per annum. 6. Tax collector. The tax collector, two thousand seven hundred dol- lars per annum up to and until the first Monday in. January, 1919, after which time he shall receive three thousand dollars per annum. He shall have one deputy who shall act as cashier at a salary of one thousand eight hundred dollars per annum; one deputy who shall act as assistant cashier and tax sale clerk at a salary of one thousand eight hundred dollars per annum; one deputy at a salary of one thousand five hundred dollars per annum; one deputy at a salary of one thousand two hundred dollars per* annum; one deputy who shall act as bookkeeper at a salary of one thousand eight hundred dollars per annum; and one deputy who shall act as stenographer and assistant bookkeeper at a salary of one thousand two hundred dollars per annum, and eight additional deputies for not to exceed three months in each year at salaries of one hundred dollars per month each. 7. Assessor. The assessor shall receive four thousand dollars per an- num for all services rendered as assessor. He shall have one deputy at a salary of one thousand eight hundred dollars per annum; one drafts- man at a salary of one thousand five hundred dollars per annum and one real estate transfer deputy at a salary of one thousand two hundred dol- lars per annum. He shall also have one stenographer at a salary of nine hundred dollars per annum. He shall also have three field deputies for a period not to exceed three months each year at salaries of six dollars per day each when actually employed; twenty-two field deputies for a period not to exceed three months each year at salaries of five dollars per day each when actually employed; eight deputies for a period not to exceed six months each year at salaries of four dollars per day each, and five copyists for a period not to exceed six months each year at sala- ries of three dollars per day each when actually employed. All sums collected by the assessor or his deputies as personal property taxes shall be paid into the county treasury monthly as collected, with a statement of account of such collections. 8. Jurors. In counties of this class grand and trial jurors shall receive three dollars per day while engaged in the performance of the duties § 4234 POLITICAL CODE. 368 required of them, and iu addition thereto shall receive the mileage now allowed by law. 9. District attorney. The district attorney, three thousand six hun- dred dollars per annum. He shall have one assistant at a salary of two thousand four hundred dollars per annum; two deputies at salaries of one thousand eight hundred dollars per annum each; one deputy at a salary of one thousand five hundred dollars per annum; a detective at a salary of one hundred ten dollars per month; one stenographer at a salary of one hundred dollars per month and one stenographer at a salary of eighty-five dollars per month. Neither of these stenographers shall re- ceive other compensation for reason of services as stenographic reporter in any action or proceeding wherein the fee or per diem of the sten- ographic reporter constitutes a charge against the county. 10. Coroner. The coroner, such fees as arc now or may hereafter be allowed by law. 11. Public administrator. The public administrator, such fees as are now or may hereafter be allowed by law. 12. Superintendent of schools. Wuiierintendent of schools, two thou- sand seven hundred dollars per annm up to and including the first Mon- day in January, 1919, after which time he shall receive a salary of three thousand dollars per annum. He shall have three supervising assistants at salaries of one thousand eight hundred dollars per annum each; one deputy at a salary of one thousand eight hundred dollars per annum; one deputy at a salary of one thousand five hundred dollars j^ev annum and one stenographer at a salary of nine hundred dollars per annum. The superintendent and his supervising assistants shall be allowed their actual traveling expenses incurred while visiting schools in the county. 13. Surveyor. The surveyor, two thousand dollars per annum up to and until the first Monday in January, 1919, after which time he shall receive a salary of three thousand dollars per annum in full compen- sation for all services as county surveyor, as road viewer or inspector, and shall receive his actual and necessary expenses when at work in the field. He shall have one field deputy at a salary of one thousand eight hundred dollars per annum; one deputy at a salary of one thousand five hundred dollars per annum. After the first Monday in January, 1919, the surveyor and his deputies shall devote their entire time and service to the work of the county, and are prohibited from engaging in private surveying and engineering work, and shall do all surveying and engineer- ing work for the county, including the pi'oparation of plans and specifica- tions for the construction of bi-idges. 14. Population of townships. Classification of townships. The regis- tered |)opula1ion of the several judicial townships of this county is iiereby deterniined to be the registered votes asi shown by the great register of the (ounty in the office of the county clerk .Tanuary first, one thousaml nine Inirnlred fifteen, as follows, to wit: .liHlirinl townshiji No. 1 814 .lu.lici:.] townsiiip No. 2 2,205 .Judicial township No. ^5 17,730 .liulicial townshi]) No. 4 2,058 369 POLITICAL CODE. § 4234 Judicial township No. 5 2,171 Judicial township No. 6 2,841 Judicial township No. 7 1,931 Judicial township No. 8 1,807 Judicial township No. i1 858 Judicial township No. 10 863 Judicial township No. 11 1,219 Judicial township No. 12 277 .Judicial township No. 1.3 683 Judicial township No. 14 679 Judicial township No. 15 1,021 And for the purpose of regulating the compensation of the constables and justices of the peace, townships of this class of counties are hereby classified as follows: Townships having a registered voting population of ten thousand and more shall belong to and be known as townships of the first class; townships having a like population of one thousand four hundred fifty and less than ten thousand shall belong to and be known as townships of the second class; townships having a like population of six liundred and less than one thousand four hundred fifty shall belong to and be known as townships of the third class; townships having a like popu- lation of less than six hundred shall belong to and be known as town- ships of the fourth class. 15. Justices of the peace. .Justices of the peace, and persons now performing the duties of justices of the peace, shall receive the following monthly salaries, to be paid each month as the county officers are paid, and the same shall be in full compensation for all services rendered and shall include their office rent, except as otherwise provided by law, to wit: In townships of the first class, two hundred dollars; in townships of the second class, eighty-five dollars; in townships of the third class, seventy dollars; in townships of the fourth class, fifty dollars. Justices of the peace shall pay to the county treasurer once a month all fees and fines collected by them, and shall be responsible for the collec- tion and payment to the county treasurer of all such fees and fines as herein provided. 16. Constables. Constables shall receive the following monthly sal- aries, to be paid each month as the county officers are paid, and to be in full compensation for all services rendered by them in criminal cases, to wit: In townships of the first class, one hundred dollars; in townships of the second class, seventy-five dollars; in townships of the third class, sixty dollars; in townships of the fourth class, fifty dollars. In addition to the monthly salaries above provided, 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 cases, and shall also be allowed all necessary expenses actually incurred in arresting and conve^'ing prisoners to court or prison, which expenses shall be audited by the board of supervisors and paid out of the county treasury. 17. Supervisors. The supervisors shall receive each the sum of one thousand eight hundred dollars per annum, payable monthly in install- ments of one hundred fifty dollars per month, in full compensation for all services rendered either as supervisors or road overseers. 24 § 4236 POLITICAL CODE. 370 18. Monthly payment. The salaries of all county and township officers and their deputies shall be payable in installments monthly on the first day of each month. 19. Salaries for all services. Beginning with the first Monday in Janu- ary, 1919, officers of the counties of the fifth class shall receive for all services required of them by law only such salaries as are herein pro- vided, and beginning with, and after the first Monday in January, 1919, all county officers of the fifth class shall pay over to the county treasurer, at the close of each and every month, all fees and commissions heretofore retained by them together with a statement of sources from whence received. [Amendment approved May 28, 1917; Stats. 1917, p. 1144.] § 4236. Counties of seventh, class, salaries of ofa.cers. In counties of the seventh class the county and township officers shall receive as full compensation for the services required of them by law, or by virtue of their office the following salaries: 1. County clerk. 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 one ehief deputy who shall receive a salary of one thousand eight hundred dollars per annum; one registration clerk who shall receive a salary of one thousand six hundred eighty dollars per annum; four court clerks who shall receive salaries of one thousand five hundred dollars each per annum; one deputy who shall re- ceive a salary of one thousand three hundred fifty dollars per annum; one index clerk who shall receive a salary of one thousand two hundred dollars per annum; one stenographer who shall receive a salary of one thousand twenty dollars per annum; two copyists who shall receive sal- aries of one thousand twenty dollars each per annum; and a deputy or deputies, not to exceed five, for the purpose of registering electors, to bo paid not to exceed three 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 May and the fifteenth day of November of said year, and not more than one deputy for each precinct for the purpose of registering electors in precincts outside of the corpo- rate limits of municipalities containing twenty-five thousand or more iiihaVjitants during said year of the general election, who shall be paid ten rents per name for each person legally registered by them, the salaries ;wid compensations of each of said deputies and clerks to be paid out of I lie county treasury in equal monthly installments in the same manner :ind at (he same time as the other county officials are paid. 2. Sheriff. The sheriff, three thousand six hundred dollars per annum; provided, tliat in counties of this class there siiall be and there hereby is allowed to the sheriff one under-sheriff, whose salary is hereby fixed lit the sum of one tliousaiid eight hundred dollars per annum, and the following deputies and employees: One deputy who shall be head jailer, !ind who shall receive the salary of one thousand five hundred dollars per annum; one deputy who shall receive a salary of one thousand two liiiridred dollars per annum; one deputy who shall receive a salary of nine hiiiidreil dollars per aiiiiniii; two service deputies who shall receive a salary of one thousainl fi\c Imiidrrd dolhiis (■a<-li per annum; five deputies 371 POLITICAL CODE, § 4236 who shall receive salaries of one thousand two hundred dollars each, per annum; one stenographer who shall receive a salary of nine hundred ilollars per annum; one bookkeeper who shall receive a salary of one thousand two hundred dollars per annum; six deputies who shall be turn- keys at the jail, whose salaries shall be one thousand twenty dollars each, per annum, but no more turnkeys are to be employed than are absolutely necessary to handle the requirements of the jail; and three deputies who shall be known as county deputies, who shall receive salaries of one thousand two hundred dollars each per annum. In counties of this class there shall be a matron of the county jail, to be appointed by the sheriff, und who, under the direction of the sheriff, shall have charge of all female prisoners in the county jail, and who shall receive a salary of nine hun- dred dollars per annum, to be paid by the county in monthly install- ments at the same time, in the same manner, and out of the same fund as is the salary of the sheriff. In counties of this class the sheriff shall be allowed by the board of supervisors his actual necessary expenses for pursuing criminals, or for transacting of criminal business, and his actual necessary expenses for service of all process and notices, and each and all such expenses shall be a charge against the county and allowed by the board of supervisors, and paid as other, county charges are paid. In counties of this class the sheriff shall not be allowed to retain for his own use any fees or mileage for the service of any process issued out of any court of this county but such fees and mileage when collected shall be paid into the county treasury. 3. Recorder. The recorder, three thousand six hundred dollars per an- num; provided, that in counties of this class there shall be and there is hereby allowed the recorder the following deputies and copyists who shall be appointed by the recorder of said county, and shall be paid as fol- lows: One chief deputy who shall receive one thousand eight hundred dollars per annum; one index deputy who shall receive a salary of one thousand three hundred fifty dollars per annum; one assistant index clerk who shall receive a salary of one thousand two hundred dollars per an- num; one chief tiling clerk who shall act as deputy registrar who shall receive a salary of one thousand five hundred dollars per annum; one assistant filing clerk who shall receive a salary of one thousand twenty dollars per annum; one compilation clerk who shall receive a salary of one thousand twenty dollars per annum; and as many copyists as may be required, who shall receive as compensation the sum of five cents per folio for recording all instruments or notices except maps and plats, and for copies of any records, five cents per folio. 4. Auditor. The auditor, three thousand six hundred dollars per an- num; })rovided, that there is hereby allowed to the auditor the following deputies: One chief deputy who shall receive a salary of one thousand. nine hundred fifty dollars per annum; one deputy who shall receive a salary of one thousand six hundred eighty dollars per annum; one deputy who shall receive a salary of one thousand three hundred fifty dollars per annum; one deputy who shall receive a salary of nine hundred dollars per annum; five additional deputies at a salary of four dollars per day each, for each day employed for a period not to exceed one hundred fifty- six days in any one year. § 4236 POLITICAL! CODE. 372 5. Treasurer. The treasurer, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the treasurer, the following deputies, who shall be appointed by the treasurer and shall receive salaries as follows: One deputy who shall receive a salary of two thousand one hundred dollars per annum. The salary of the treasurer hereinabove provided shall be in full compensation for all services rendered, and the fees heretofore chargeable and collected by him for returning to the state the collateral inheritance tax and for the performance of his official duties in connec- tion therewith shall be paid into the county treasury and be the property of said county; and said treasurer shall receive no fees, compensation or commissions of any kind or character for any service rendered by him in connection with said collateral inheritance tax. . 6. Tax collector. The tax collector, three thousand six hundred dollars per annum and such fees as are allowed by law; one chief deputy who shall receive a salary of two thousand one hundred dollars per annum; two deputies who shall receive salaries of one thousand three hundred fifty dollars each, per annum; two deputies who shall receive salaries of one thousand two hundred dollars each, per annum; a stenographer who shall receive a salary of one. thousand twenty dollars per annum; nine additional clerks at a salary of four dollars per day each, for each day employed, for a period not to exceed one hundred fifty-six days in any one year. 7. Assessor. The assessor, three thousand six hundred dollars per annum, and traveling expenses incurred in the discharge of his official duties, not exceeding three hundred sixty dollars per annum; provided, that in counties of this class there shall be, and there hereby is allowed to the assessor, one chief deputy who shall receive a salary of one thou- sand eight hundred dollars per annum; one deputy who shall receive a salary of one thousand six hundred fifty dollars per annum; one deputy who shall receive a salary of one thousand three hundred fifty dollars per annum; two deputies' for a period not exceeding six months in any one year at salaries of one hundred dollars per month each; one deputy for a period not exceeding five months in any one year at a salary of one hundred dollars per month; four deputies for a period not exceeding four months in any one year, at salaries of one hundred dollars each per month; one stenographer who shall receive a salary of one thousand twenty dollars per annum; six deputies for a period not exceeding one hundred four days each fourth year, whose per diem shall be four dollars each when actually employed. 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 compen- sation or commission for the collection of poll taxes, or road poll taxes, nor shall the assessor receive any compensation for making out the military roll of persons returned to him as subject to military duty as I)rovided by section one thousand nine hundred one of the Political Code; provided, however, that fifteen per cent of all moneys collected by him for i>oll taxes and road poll taxes shall be allowed to such counties on their settlement with tiic slate, and l)c and remain the property of such counties. It is furtiier ],rovid(ii, that in coiiuties of this class, in addition 373 POLITICAL CODE. § 4236 to the deputies already allowed, there shall be and is hereby allowed to ihe assessor, eighteen deputies who shall receive salaries of four fiollars per day each, five de{)uties who shall receive salaries of five dollars per day each, and three deputies who shall receive salaries of three dollars per day each for a period not exceeding seventy-eight days in any one year. 8. District attorney. The district attorney, four thousand dollars per annum; also one assistant district attorney, who shall receive a salary of three thousand dollars per annum; two deputy district attorneys who shall receive salaries of two thousand four hundred dollars each per an- num; one deputy district attorney who shall receive a salary of two thousand dollars per annum; one deputy district attorney who shall re- ceive a salary of one thousand eight hundred dollars per annum, and two stenograiihers who shall receive salaries of one thousand two hundred dollars each, per annum. It is further provided, that in counties of this class the district attorney be and is hereby allowed a detective who shall receive a salary of one thousand six hundred fifty dollars per annum. 9. Superintendent of schools. The superintendent of public schools, two thousand seven hundred fifty dollars per annum; provided, that in coun- ties of this class there shall be and there is hereby allowed the superin- tendent of public schools one assistant superintendent who shall receive a salary of one thousand five hundred dollars per annum and one book- keeper who shall receive a salary of one thousand two hundred dollars per annum. In counties of this class the secretary of the county board of education shall not be paid or allowed to receive any compensation what- ever for his services as secretary of such board, or for any services ren- dered in connection therewith; and provided, further, that in counties of this class, the county school superintendent shall receive his actual and necessary traveling expenses for visiting and examining schools and school properties of the county and in performing such other duties as are incident to the full discharge of the requirements of the office of superintendent of schools, the claims for such expenses to be subject to the approval of the board of supervisors. 10. Public administrator. The public administrator, such fees as are now or may hereafter be allowed by law. 11. Coroner. The coroner, one thousand five hundred dollars, and in addition thereto the board of supervisors shall allow the coroner his actual traveling expenses in the performance of his official duties within the county-, when called away from the county seat. It is further pro- vided, that in counties of this class there shall be and there is hereby allowed the coroner, one assistant coroner, who shall receive a salary of one thousand two hundred dollars per annum, who shall also act as autopsy surgeon. The sheriff shall act as summoning officer for the cor- oner and shall serve all processes requested by him. 12. Surveyor. The surveyor, three thousand six hundred dollars per annum, also one office deputy who shall receive a salary of one thousand eight hundred dollars per annum; one principal field deputy who shall receive a salary of one thousand eight hundred dollars per annum; one assistant field deputy in the assessor's office who shall receive a salary of § 4236 POLITICAL CODE. 374 one thousand two hundred dollars per annum; one assistant office deputy who shall receive a salary of one thousand eighty dollars per annum; one draftsman who shall receive a salary of nine hundred dollars per annum; two deputies, chiefs of parties, who shall receive salaries of one thou- sand two hundred dollars each per annum; two instrument men who shall receive salaries of nine hundred sixty dollars each per annum, and such other assistants as may be necessary for field work, who shall receive a compensation of three dollars per diem and expenses when working in the field. 13. Classification of townships. For the purpose of regulating the compensation of the justices of the peace and constables, townships in counties of this class are hereby classified as follows: Townships having a- population of thirty thousand or more shall belong to and be known as townships of the first class; townships having a population of twelve thousand and less than thirty thousand shall belong to and be known as townships of the second class; townships having a population of five thousand and less than twelve thousand shall belong to and be known as townships of the third class; townships having a population of one thou- sand and less than five thousand shall belong to and be knovni as town- ships of the fourth class; townships having a population of less than one thousand shall belong to and be known as townships of the fifth class. The population referred to in classifying townships as above provided for shall be the population found and determined by multiplying the registered vote at the last general election by three, and such population BO determined shall be and become the official population of such town- ship for the purpose of this act. 14. Justices of the peace. In counties of this class justices of the peace shall receive the following compensation, and all such salaries shall be paid monthly in the same manner as the salaries of county officers are paid, viz: In townships of the first class, three thousand dollars per annum each. In townships of the second class, one thousand two hundred dollars per annum. In townships of the third class, six hundred dollars per annum. In townships of the fourth class, three hundred sixty dollars per annum. In townships of the fifth class, one hundred twenty dollars per annum. Such salaries shall be as full compensation for all services rendered by them in both civil and criminal cases. All fees chargeable and col- lectible by justices of the peace in civil and criminal cases for service rendered by them shall be paid monthly into the county treasury. In townships of the first class the board of supervisors of counties of this class shall furnish the justices of the peace suitable courtrooms. In townships of the first class, in counties of this class, there shall be two justices of the peace and the said offices are hereby created. In all other townships in counties of this class there shall be one justice of the peace. ^'). Constables. In counties of this Mass constables shall receive the following compensation, and all such salaries shall be paid monthly in the same manner as the salaries of county officers arc paid, viz: In townships of the first class in all criminal cases in lieu of fees now n] lowed bv law one thousand two hundred dollars per annum. 375 POLITICAL CODE. § 4237 111 townships of the second class in all criminal eases in lieu of fees now allowed by law six hundred dollars per annum. In towusliips of the third class in all criminal cases in lieu of fees now allowed by law six hundred dollars per annum. In townships of the fourth class in ^11 criminal cases in lieu of fees now allowed by law three hundred sixty dollars per annum. In townships of the fifth class in all criminal cases in lieu of fees now allowed by law two hundred- forty dollars per annum. In all townships in counties of this class the constables shall be allowed in addition to the compensation above set forth all fees in civil cases as are now or may hereafter be allowed by law, and actual traveling ex- penses only in lieu of mileage for taking prisoners to the county jail. In townships of the first class, in counties of this class the board of supervisors shall furnish the constables' offices and with necessary and proper furniture for each of said constables. 16. Supervisors. Each member of the board of supervisors, one thou- sand 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 five hundred dollars per annum each and not more than fifteen cents per mile actually traveled in performing services as road commissioner for actual expenses incurred in such service; provided, that said supervisors shall not in any one year receive more than one thousand dollars each in mileage as road commissioner. 17. Jurors. In counties of this class, trial jurors in all criminal cases tried in the superior court and grand jurors shall receive two dollars fifty cents per day for each day's attendance while engaged in the per- formance of the duties requiied of them and in addition thereto shall re- ceive for each mile actually traveled in going only, while acting as such juror, twenty-five cents; and the judge of said court shall make an order directing the auditor to draw his warrant on the treasurer in favor of such juror for said per diem and mileage and the treasurer shall pay the same. 18. Deputies, clerks, etc. The deputies, clerks, copyists and employees mentioned in this section are hereby allowed to the respective county officers named, who shall appoint the same, and said deputies, clerks, copyists and employees shall be paid by the counties of this class in monthly installments, at the same time, in the same manner and out of the same fund as the salaries of the county officers are paid. [Amend- ment approved May 28, 1917; Stats. 1917, p. 1269.] § 4237. Counties of eighth class, salaries of offi.cers. In counties of the eighth class, the county and township officers shall receive as compen- sation for the services required of them by law, or by virtue of their office, the following salaries and shall have as deputies or assistants the respective employees hereinafter named, to wit: 1. County clerk. The county clerk, two thousand four hundred dollars per annum, and there shall be and there is hereby allowed to the county elerk in addition, one chief deputy, to be appointed by the county clerk, who shall be paid a salary of one thousand five hundred dollars per an- num, two additional deputies, who shall be paid the sum of one thousand § 4237 POLITICAL CODE. 376 two hundred dollars per annum each, and one additional deputy who shall be paid the sum of nine hundred dollars per annum; said salaries to be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salaries of county officers are paid. All fees which are now or may hereafter be allowed by law for all services performed by the county clerk shall by him be paid into the county treasury, and no part thereof shall be retained by him as com- pensation. 2. Sheriflf. The sheriff, two thousand four hundred dollars per annum, and there shall be, and there is hereby created the office of jailer; such jailer shall be appointed by the sheriff and shall be paid a salary of one thousand two hundred dollars per annum, and also one chief deputy, to be designated under-sheriff, to be appointed by the sheriff, who shall be paid a salary of one thousand five hundred dollars per annym, and also three deputies to be appointed by the sheriff who shall be paid a salary of one thousand two hundred dollars per annum each; also one deputy, who shall be paid a salary of eight hundred dollars per annum; there is also hereby created the office of jail matron; such matron shall be ap- pointed by the sheriff and shall be paid a salary of four hundred eighty dollars per annum; said salaries to be paid by such county in monthly installments, at the time and in the manner and out of the same fund as the salary of county officers are paid; provided, further, that there shall be allowed the said sheriff and his deputies their actual traveling expenses incurred in attending to the duties of the office, both civil and L-riminal, including their necessary expenses incurred in purs^iing crim- inals or transacting any criminal business. All fees, commissions and mileage which are now or may hereafter be allowed by law to the sheriff sliall by him be paid into the county treasury and no part thereof shall be retained by him as compensation. 3. Recorder. The recorder, two thousand four hundred dollars per an- num, in addition thereto there is hereby allowed to the county recorder, one deputy to be appointed by the county recorder who shall be paid a salary of one thousand two hundred dollars per annum, and said recorder is hereby allowed one deputy, to be appointed by said county recorder, who shall receive a salary of nine hundred dollars per annum; said sal- aries to be paid by such county in monthly installments, at the time and in the manner, and out of the same fund as the salary of county officers are paid; provided, further, that in counties of this class the recorder shall be entitled to the actual costs necessarily incurred by him for the recording of all papers, documents and records in his office, not to exceed five cents per folio, and not to exceed three and one-half cents per folio for typewriting done in the recording of each paper or document so re- corded; provided, further, that said recorder shall file monthly with the county auditor a statement under oath showing in detail the names of Iho [(orsons employed by him as copyists, the number of folios copied and the amount paid to each of such persons for services rendered as copy- ists. All fees which are or may hereafter be allowed by law to the county dccorder shall by him be paid into the county treasury and no |.art thereof shall be retained as compensation. 377 POLITICAL CODE. ' § 4237 4. Auditor. The auditor, two thousand four hundred dollars per an- num, and in addition thereto there is hereby allowed to the county audi- tor one chief deputj' to be appointed by the auditor who shall be paid a salary of one thousand two hundred dollars per annum, and there shall be, and there is allowed to the auditor in addition, four deputies to be appointed by the auditor who shall be paid a salary of one thousand two hundi'ed dollars per annum each, 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 county officers are paid. All fees which are or may liereafter be allowed by law to tlie county auditor shall by him be paid into the county treasury, and no part thereof shall be retained as com- pensation. 5. Treasurer. The treasurer, two thousand four hundred dollars per annum, in addition thereto there is hereby allowed to the treasurer one deputy, to be appointed by the county treasurer, who shall receive a salary of one thousand two hundred dollars per annum. Said salaries shall be paid by such county in monthly installments and at the time and in the manner and out of the same fund as the salary of the county officers are paid. All fees which are or may hereafter be allowed by law to the treasurer shall be paid by him into the county treasury and no part thereof shall be retained as compensation. 6. Tax collector. The tax collector, two thousand four hundred dollars per annum, and there shall be and there is allowed to the tax collector one deputy, to be appointed by the tax collector, who shall be paid a salary of one thousand two hundred dollars per annum; and there is hereby allowed to the tax collector such additional assistants as the tax collector may require; such additional assistants shall be paid a salary of four dollars per day, each; provided, however, that the compensation of such additional assistants shall not exceed in the aggregate the sum of two thousand dollars per annum. Said salaries shall be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salary of county officers are paid. All fees which are or may hereafter be allowed by law to the tax collector shall by him be paid into the county treasury and no part thereof shall be retained as compensation. 7. Assessor. The assessor, two thousand four hundred dollars per annum, and there shall be and there is hereby allowed to the assessor in addition one chief deputy to be appointed by the assessor and who shall be paid a salary of one thousand five hundred dollars per annum, and one deputy, who shall be paid a salary of eight hundred forty dollar? per annum, and there is hereby allowed to the assessor, in addition thereto, two office clerks at a salary of seven hundred eighty dollars per annum, each, and there shall be and there is hereby allowed to the asses- sor seventeen other deputies for such time as may be necessary between the first Monday in March and the first Monday in July of each year; each of said seventeen deputies shall be paid the sum of four dollars per day for the time actually employed by them in making assessments; 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 § 4237 poLiTiCAi. CODE. 378 officers are paid; provided, further, that there shall be and there is hereby allowed said assessor and his deputies their actual traveling expenses necessarily incurred in attending to the duties of the office. All fees and percentages which are or may hereafter be allowed by law to the assessor shall be paid by him into the county treasury and no part thereof shall be retained as compensation. 8. District attorney. The district attorney,, two thousand seven hun- dred dollars per annum, and there shall be, and there is allowed to the district attorney in addition, one chief deputy, to be appointed by the district attorney, who shall be paid a salary of one thousand eight hun- dred dollars per annum; and there is hereby allowed to the district attor- ney, in addition thereto, one chief trial deputy to be appointed by the district attorney, who shall be paid a salary of one thousand eight hun- dred dollars per annum, and one additional deputy, to be appointed by the district attorney, who shall be paid a salary of one thousand two hundred dollars per annum, each of whom shall be an attorney at law reg- ularly admitted to practice before the supreme court of California, and there is hereby allowed to the district attorney one office stenographer to be appointed by the district attornej'', w'ho shall receive a salary of seven hundred eighty dollars per annum, and there is hereby allowed to the district attorney one special officer, who may be a deputy sheriff; such special officer shall be appointed by the district attorney, and shall be paid a salary of one thousand two hundred dollars per annum; said salaries to be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salary of the county officers are paid. All fees which are or may hereafter be allowed by law to the district attorney shall be by him paid into the county treasury and no part thereof shall be retained as compensation. 9. Coroner. The coroner, two thousand four hundred dollars per an- num, which salary shall be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salary of county officers are paid. All fees which are or may hereafter be allowed by law to the coroner shall by him be paid into the county treasury and no ])art thereof shall be retained by him as compensation. 10. Public administrator. The public administrator, one dollar per annum, which salary shall be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salary of county officers are paid. All fees which are or may hereafter be allowed by law to the public administrator shall by him be paid into the county treasury and no ])nv\ tluM'cof slinll Itc retained by liini as com- |)('iiHatioii. 11. Superintendent of schools. The superintendent of schools, for full services including attendance on the county board of education, two thou- sand four hundred dollars per annum, and all actual traveling expenses necessarily incurred in the performance of his duties, and there is allowed to the superiiilend(!nt of schools in addition, one deputy, to be appointed by the superintendent of schools, who shall be paid a salary of one thou- sand two hundred dollars per annum. Said salaries shall be paid by such county iu monthly installments at the time and in tiie manner and out of 379 POLITICAL CODE, § 4237 the same fund as the salaries of county officers are paid. The office of superintendent of schools shall be kept open upon all business days from nine o'clock A. M. until five P. M. 12. Board of education. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance on said board, and actual traveling expenses incurred in traveling to and from his home and a meeting place of said board. Said compensation of the members of said board shall be paid out of the same fund as the salaries of county officers are paid. Claims for such services and mileage shall be presented to the board of supervisors and allowed by them in the same manner as other claims against the county are allowed. The compensation of the county board of education herein provided is not in addition to that provided in section one thousand seven hundred seventy of this code. 13. Surveyor, The surveyor, two thousand four hundred dollars per annum, and in addition thereto all necessary expenses incurred in the field in performance of the county work, to be paid by the board of supervisors, and there shall be and there is allowed to the surveyor in addition, one chief deputy, who shall be a competent civil engineer to be appointed by the surveyor, who shall be paid a salary of one thousand five hundred dollars per annum, and also two deputies, who shall be com- petent draftsmen, to be appointed by the surveyor, who shall be paid a salary of one thousand three hundred fifty dollars per annum, each, and also one assistant draftsman, which office of assistant draftsman is hereby created, who shall be paid a salary of nine hundred sixty dollars per annum, and also one clerk who shall be appointed by the surveyor, which office of clerk is hereby created, who shall be paid a salary of nine hundred dollars per annum. Said salaries to be paid in monthly install- ments at the same time and in the same manner and out of the same funds as the salary of county officers are paid. All fees and compensation re- ceived for outside surveying shall be paid into the county treasury and no part thereof shall be retained as compensation. 14. Justices of the peace. Justices of the peace, the following monthly salaries to be paid each month as salaries of other county officers are paid, which shall be in full for all services rendered by them in both criminal and civil cases: In townships having a population of eighteen thousand and over, one hundred forty dollars per month; in townships having a population of twelve thousand and less than eighteen thousand, one hundred ten dollai'S per month; in townships having a population of six thousand and less than twelve thousand, ninety dollars per month; in townships having a population of two thousand four hundred and less than six thousand, seventy 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-five dol- lars per month; in townships having a population of five hundred and less than eight hundred, thirty dollars per month; in townships having a population of less than five hundred, ten dollars per month. And the justices of the peace of each township shall charge and collect the fees § 4238 POLITICAL CODE. 380 which are now or may hereafter be allowed by general law, in civil cases, and pay the same monthly to the county treasurer. 15. Constables. Constables, the following monthly salaries, to be paid each month as the salaries of county ofJEicers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of ten thousand and more, one hundred dollars per month J in townships having a population of five thousand and less than ten thousand, eighty-five dollars per month; in townships having a population of two thousand five hundred and less than five thousand, seventy-five dollars per month; in townships having a population of one thousand five hundred and less than two thousand five hundred, sixty dollars per month; in townships having a population of eight hundred and less than one thousand five hundred, fifty dollars per month; in townships having a population of five hundred and less than eight hun- dred, twenty dollars per month; in townships having a population of 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 cases. 16. Supervisors. The supervisors, the sum of one hundred twenty-five dollars per month, each, as supervisors and road commissioners and actual traveling expenses not to exceed five hundred dollars for each supervisor in any one year. 17. Jurors. The grand jurors and jurors in the superior court in crim- inal cases shall be paid two dollars and fifty cents per day for each day's attendance, and for each mile actually traveled in going only, while acting as such jurors, fifteen cents, and the judge of said court shall make an order directing the auditor to draw his warrant on the treasury in favor of such jurors for said per diem and mileage and the treasurer shall pay the same. 18. PopiUation of townships. The population of townships shall, for the purposes of this section, be determined to be the population of such townships as shown by the federal census taken in the year Anno Domini one thousand nine hundred ten, or by a subsequent census taken as in section four thousand fifty-five of the Political Code, provided; and in case townships are formed after the taking of the census, then the popu- lation shall be determined by multiplying the vote for governor cast in such township, at the last preceding election, by four. [Amendment ap- I-roved May 28, 1917; Stats. 1917, p. 1113.] § 4238. Counties of ninth class, salaries of offtcers. In counties of the ninth clas.s, the county :mhI lownsliip oflicers shall receive as compensa- tion for the services rc(|iiiicd of them l)y law, or by virtue of their office, the following sularict^, to wit: 1. County clerk. The (•(mnt.v clerk, tliree thousand six liundred dollars per ;inniini. L'. Sheriff. The sheriff, four thf)usand five hundred dollars per annum. 'I'lie shfriLff shall also be allowed his actual, reasonable and necessary ex- penses in all civil and criminal cases. 381 POLITICAL CODE. § 4238 ,'?. Recorder. Tho reconler, two thousand seven lumdred fifty dollars per annum. 4. Auditor. Tlie auditui', three thousand six hundred dollars per annum. 5. Treasurer. The treasurer, two thousand six hundred dollars per annum. ^ 6. Tax collector. The tax uolleotor, one thousand nine hundred dollars per annum. The tax collector shall pay all his own traveling expenses. 7. Assessor. The assessor, four thousand dollars per annum. The assessor shall also receive his actual, reasonable and necessary expenses while engaged in liis olfieial duties in the field. 8. District attorney. The district attorney, three thousand six huniJred dollars per annum. 9. Coroner. The coroner, such fees as are now or may be hereafter allowed by law. 10. Public administrator. Tiie public administrator, such fees as are now or may be hereafter allowed by law. 11. Superintendent of schools. The superintendent of schools, three thousand three hundred dollars per annum. The superintendent of schools shall pay all his own traveling expenses when visiting the schools of this county. 12. Surveyor. The surveyor, two thousand four hundred dollars per annum, and actual, reasonable and necessary expenses when engaged in the field or in the oflSce in the discharge of his ofiicial duties in the county, 13. Justices of the peace. Justices of the peace shall receive the fol- lowing salaries for all services rendered by them, payable in the same manner as county officers are paid, viz: In townships having a popula- tion of twenty thousand or more, two hundred fifty dollars per month j in townships having a population of not less than five thousand nor more than twenty thousand, one hundred dollars per month; in townships hav- ing a population of not less than three thousand nor more than five thousand, sixty dollars per month; in townships having a population of not less than two thousand nor more than three thousand, forty-five dol- lars 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, twenty-five' dollars per month; provided, that for the pur- poses of this section the population of the several townships shall be ascertained by multiplying the number of registered voters at the last general election by three and one-half. The compensation herein fixed for justices of the peace shall be in full for all services rendered, and all fees collected by them shall be paid into the county treasury as provided by law; provided, that justices of the peace now holding office shall, dur- ing their present term, be entitled to retain for their own use all civil fees. In townships having a population of twenty thousand or more, the justice of the peace shall be allowed a clerk, which position is hereby created. Such clerk shall be appointed by the justice of the peace of § 4238 POLITICAL CODE. 382 said township, and shall hold office during the pleasure of said justice of the peace. Said clerk shall give a bond in the sum of five thousand dollars, with at least two sureties to be approved by a judge of the superior court of the county in which said township is situated, condi- tioned for the faithful discharge of the duties of the office; and he shall receive an annual salary of one thousand five hundred dollars. The jus- tice's clerk shall keep a record of the proceedings of the said court, and shall issue all process ordered by the court, and shall collect and receive all fines and forfeitures in criminal cases and pay the same to the author- ities legally entitled to receive the same, at the time and in the manner provided by law. He shall prepare bonds, justify bail when the amount has been fixed by the court, and shall have authority to administer and certify oaths and take and certify affidavits in any action, suit or pro- ceeding in said justice's court. The clerk shall be in attendance on the court in the courtroom of said justice's court for the dispatch of official business, daily., legal holidays excepted, from the hour of nine o'clock A. M. until five o'clock P. M., and during such reasonable times there- after as may be necessary for the proper performance of his duty. 14. Constables. 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 fourteen thousand or more, one hundred dollars per month; in town- ships having a population of not less than five thousand and not more than fourteen thousand, seventy-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 dol- lars 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 thou- sand four hundred twenty-five dollars per month. Constables in coun- ties 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 crim- inal cases and shall also receive such fees as are now or may hereafter be allowed by law in civil cases. Such mileage in criminal cases is intended to cover the ordinary expenses of constables, and other than such mileage, they shall be allowed the following expenses and no other, to wit: In criminal, insane, inebriate and drug habitue cases, the actual, reasonable and necessary cost of transporting prisoners to and from the county jail; of supporting such prisoners while in their custody; of pur- suing criminals when a felony has been committed within their township and no warrant has been issued, whether an arrest is made or not; of transporting inebriates, drug habitues and insane persons from the jus- tice's court to the i)lace of detention and from the place of detention to the superior court, and from tlie sujierior court to the insane asylum, liiit no mileage shall be allowcil for sm-li transportation to the ]ilaec of ilctcntion, to the siijx'rior idiirt, or to tlic iiisaiie asyliiin. I.l. Supervisors. I'lnch incinhcr of the lioiiril of supervisors, twelve liiiiirlrcd dollars jx'r aimnm, ami their necessary ex[)enses wiien attending lo the business of Die county, other thun the meetings of the board; and 383 POLITICAL CODE. § 4238 fifteen cents a mile in traveling to and from his residence to the county seat; provided, that no more than one mileage at any one term of the board shall be allbwed. Each member of said board may be allowed his actual expenses in attending the annual state convention of members of county boards of supervisors; provided, that the total expense of all members attending such convention shall not exceed fifty dollars in any one year. 16. Bonds. The bonds of the clerk, s^herift', recorder, auditor, treas-, nrer, tax collector, assessor, district attorney, coroner, public adminis- trator, superintendent of schools and surveyor, shall be executed with a reliable bond and security company and the cost of said bond, when duly approved, shall be a charge against the county, and payable out of the general fund. 17. Deputies, etc. The county clerk shall have one chief deputy, at a salary of two thousand one hundred dollars per annum; three court-room deputies at a salary of one thousand five hundred dollars per annum each; three office deputies at a salary of one thousand two hundred dollars per annum each; one judgment clerk at a salary of one thousand five hundred dollars per annum; one deputy who shall act as clerk to the board of supervisors at a salary of one thousand five hundred dollars per annum; and a deputy or deputies not to exceed ten, for the purpose of register- ing electors or other emergencies, who shall be paid not to exceed three and a half dollars per diem each; also a deputy or deputies, to register electors outside of the county seat, who shall receive a compensation of eight cents for each elector registered, and shall receive no other com- pensation or expenses. The county recorder, one first assistant at a salary of one thousand eight hundred dollars per annum; one second assistant at a salary of one thousand five hundred dollars per annum; two comparing or indexing clerks at a salary of one thousand two hundred dollars per annum each; two copyists at a salary of one thousand two hundred dollars per annum each; the recorder may, with the consent of the board of supervisors, hire necessary assistance in cases of emergency at a salary not to exceed three dollars and fifty cents per diem each, nor shall the aggregate salaries for such work exceed two thousand four hun- dred dollars in any one calendar year. The treasurer, one chief deputy at a salary of two thousand four hundred dollars per annum, and one deputy at a salary of one thousand eight hundred dollars per annum; and one deputy at a salary of one thousand five hundred dollars per annum, and an emergency deputy or deputies, which position is hereby created at a salary of four dollars per diem; which said emergency deputy or deputies shall not receive more than one thousand eight hundred dollars in any one calendar year. The county auditor, one chief deputy at a salary of one thousand eight hundred dollars per annum, one deputy at a salary of one thousand five hundred dollars per annum; the auditor may, with the consent of the board of supervisors, hire necessary assist- ants for the purpose of extending taxes, and in cases of emergency at a salary not to exceed three and a half dollars per diem each, nor shall the aggregate salaries for such emergency work exceed six hundred dol- lars in any one calendar year. The district attorney, an assistant district attorney,. at a salary of two thousand seven hundred dollars per annum; § 4238 P0LiTiCAr> code, 384 and two deputies, at a salary of one thousand eight hundred dollars per annum each; and one stenographer at a salary of two thousand one hun- dred dollars per annum; the superintendent of schools, one deputy at a salary of one thousand two hundred dollars per annum. The sheriff, an under-sheriff, who shall receive a salary of two thousand one hundred dollars per annum; a clerk who shall receive a salary of one thousand five hundred dollars per annum; a stenographer and clerk who shall receive a salary of one thousand two hundred dollars per annum; three deputy sheriffs, who shall receive a salary of one thousand two hundred dollars per annum each; three bailiffs or courtroom deputies, who shall receive a salary of one thousand two hundred dollars per annum each; and one motor boat deputy, which office is hereby created, who shall receive a salary of one hundred dollars per month; two speed cop deputies, which office is hereby created, who shall furnish and maintain at their own expense the motorcycle for their use, and whose salary and expense for the purpose herein named shall be one hundred thirty-five dollars per month; two jailers who shall receive a salary of one thousand two hun- dred dollars per annum each; one deputy sheriff for emergencies and as a guard for the working prisoners, who shall receive a salary of one thousand two hundred dollars per annum; and a deputy sheriff for the purpose of serving papers and other emergencies who shall be paid not to exceed three and a half dollars per diem. The county surveyor, one chief deputy, which position is hereby created, who shall be paid a sal- ary of one thousand eight hundred dollars per annum. The coroner, one deputy, which position is hereby created, who shall be paid by the coroner out of his fees. The county assessor shall have one chief deputy at a salary of two thousand one hundred dollars per annum; one draftsman at a salary of one thousand eight hundred dollars per annum; one sten- ographer and copyist at a salary of nine hundred dollars per annum; one office deputy to serve not to exceed two hundred four days in each year at a salary of four dollars per diem; one platter to serve not to exceed one hundred four days in each year at a salary of four dollars per diem; two office deputies for preparing assessment-rolls to serve not to exceed one hundred days each in any one year at a salary of four dollars per diem each; one office deputy for preparing assessment-rolls to serve not to exceed one hundred four days in any one year at. a salary of four dollars per diem; one copyist to serve not to exceed forty-three days in any one year at a salary of four dollars per diem; fifteen field deputies to serve not to exceed eighty days each in any one year at a salary of four dollars jier diem each; one office deputy for preparing assessment-rolls to serve not to exceed one hundred four days in any one year at a salary of four dollars per diem; one copyist to serve not to exceed forty-three days in any one year at a salary of four dollars per diem; fifteen field deputies to serve not to exceed eighty days each in any one year at a salary of four dollars per diem each; and 'an emergency deputy or deputies, which position is hereby created at a salary of four dollars per diem, which Said emergency deputy or deputies shall not receive more than four hundred dollars in any one calendar year; all the deputies, assistants, emergency help and clerks herein mentioned shall be paid at the time and in the same manner that the prijicipals are pai. Tax collector. The tax collector, three thousand dollars per annum; jirovided, that said tax collector shall appoint one revenue and taxation deputy at a salary of one thousand three hundred fifty dollars per annum; ;ind provided, further, that he shall appoint one stenographer to be paid only between July first and January first of each year, at a salary of seventy-five dollars per month, and both last named shall be paid at the same time and in the same manner as county officers are paid. 387 POLITICAL CODE. § 4239 7. Assessor. The abscssor, three thousand dollars per annum; provided, ihat the assessor shall appoint one revenue and taxation deputy at a salary of one thousand five hundred dollars per annum, one chief deputy at a salary of one thousand five hundred dollars per annum and one title transfer deputy at a salary of one thousand two hundred dollars per annum, one draftsman at a salary of one thousand two hundred dollars per annum, one pro]3erty ownership deputy at a salary of one thousand I wo hundred dollars per annum, and one office deputy at a salary of one thousand twenty dollars per annum. The salaries of which deputies shall be paid in the same manner and at the same time and from the same funds as county officers are paid. The assessor may also appoint as many deputies as may be necessary to carry on his work at an expense to the county not to exceed four thousand dollars during any one fiscal year. The salaries of which last named deputies shall be paid at the same time alid in the same manner and from the same f\md as the assessor is paid. The amount of each of w'hich payments shall be determined by the auditor from a certificate furnished by the assessor showing the person and amount to which payments are due and the period of time for which compensation is made, or, the salaries of said deputies may be paid by claim presented to the board of supervisors in regular form and approved by the assessor, the total amount of which claims, however, shall not exceed the sum of four thousand dollars above mentioned, for an}' one fiscal year. The assessor shall also receive six per cent of the personal property tax collected by him and the amount allowed by law for making out the military roll. S. District attorney. The district attorney, three thousand dollar.^ per annum; provided, that he shall appoint one assistant district attor- ney at a salary of one thousand eight hundred dollars per annum, and one deputy district attorney at a salary of one thousand two hundred dollars per annum, and one stenographer at a salary of nine hundred dollars per annum; said assistant, deputy and stenographer to be paid at the same time and in the same manner as county officers are paid. 9. Coroner. The coroner, such fees as are now or may be hereafter allowed by law. 10. Public administrator. The public administrator, such fees as are now or may be' hereafter allowed by law. 11. Superintendent of schools. 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 an assistant superintendent at a salary of one thousand five hundred dollars per annum, payable at the same time and in the same manner as county officers are paid. 12. Surveyor. The surveyor, 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 bj' law; provided, that out of the com pensation hereinabove provided he shall pay the cost of platting, trac- ing or otherwise preparing maps, plats or block-books for the use of the county assessor; provided, further, that all property ownership § 4239 POLITICAL CODE. 388 books, data, and transcript records required for making such maps, plats, or block-books shall be procured at the expense of the county in such manner and by such persons as the board of supervisors may direct; and provided, further, that the fees for land surveys, except wheu done for the county, shall be ten dollars per day, or fraction thereof, and in addition thereto all necessary and actual traveling expenses. And it shall be the duty of the county surveyor to prepare and furnish all necessary plans and specifications for all bridges and bridge work, in addition to his other duties, without extra compensation. He shall appoint a deputy at a salary of nine hundred dollars per annum, pay- able at the same time and in the same manner as county officers arc paid; provided, however, that in cases of emergency additional help may be furnished the county surveyor by the board of supervisors at a compe-nsation to be fixed by the board. 13. Justices of the peace. The justices of the peace, the followin;jC 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 thirteen thousand or more, one hundred fifty dollars per month; In townships having a population of over eight thousand and less than thirteen thousand, ninety dollars per month; In townships having a population of four thousand and less than eight thousand, sixty dollars per month; In townships having a population of two thousand five hundred and less than four thousand, forty dollars per month; In townships having a population of one thousand five hundred and less than four thousand, thirty-five dollars per month; In townships having a population of one thousand and less than one thousand five hundred, thirty dollars per month; In townsliips having a population of nine hundred and less than one thousand five hundred, twenty dollars per month; In townships having a population of less than nine hundred, fifteen dollars per month. In addition to the monthly salaries herein allowed, each justice of the peace may receive and retain for his own use sucli fees as are now or may hereafter be allowed by law for all services ren- dered by him in civil actions. Each justice of the peace must pay into the county treasury once a montli all fines collected by him; and pro- vided, further, that for the purposes of this subdivision the population of the several townshi[)s shall l)e ascertained from the United States census reports of 1910. 14. ConstaMes. In to\viislii|is having a poi)ulatioii of thirteen tliou- sand or more, constables siiali receive as comi)easation, in lieu of all fees in criminal cases, tiic sum of one hundred dollars per month; in townships hnviiig a population of eight thousand and less than thir- teen tlious.'nul, (he smii of sixty dollars a month; in townships having a ]»o[)ulation oC four Ihousand and less than eight thousand, the sum of forty dollars ;i nidiitli; in lovvnships having a population of one llioii.sand f'lvc. hnndrcil and less thnn four Ihousand, fifteen dollars per month; in townships having a popninfinn of one thousand and less than line IhoiisatMJ live hundred, len doli;irs jut inonih; in townships having 389 POLITICAL CODE. § 4240 a population of less than one thousand, five dollars per month; provided, that in addition to the fees and salaries herein allowed, each constable shall receive for traveling expenses outside of his own township, but within his own county, for the service of a civil or criminal process, the sum of fifteen cents per mile for each mile actually and necessarily traveled, one way only, no constructive mileage to be allowed; and jirovided, further, that such salaries for services in criminal cases shall be paid at the same time and in the same manner as the salaries of county officers are paid; and provided, further, that in addition to the salaries provided for herein, constables in all townships shall receive for their own use the fees which are now or may hereafter be allowed by law in civil cases; and provided, further, that for the purpose of this subdivision, the population of the several townships shall be ascer- tained from the United States census reports of 191 ij. 15. Supervisors. Each member of the board of supervisors for all services required of them by law, or by virtue of their office, except as road commissioners, shall be allowed one thousand dollars per annum as a salary, and fifteen cents per mile in traveling to and from his place of residence to the courthouse; provided, that only one mileage must be allowed at each term; and provided, further, that said salary and mileage shall be in lieu of all fees otherwise provided by law for supervisors. Each supervisor shall receive for services as road commis- sioner, thirty cents per mile one way for all distances actually traveled by him in the performance of his duties; provided, that he shall not in any one year receive more than six hundred dollars as such road commissioner; provided, that no member of the board of supervisors or other county officer, shall, except for his own services or expenses, present or verify by his oath attached thereto, any claim, account, or demand for allowance against the county. 16. Monthly payments. All salaries herein not otherwise provided for shall be paid out of the treasury of said county in equal monthly payments on the last day of each month. 17. Jurors. The fees for jurors in counties of this class shall be as follows: For attending as a grand juror or juror in the superior court, for each day's attendance, while serving as such juror, per day, three dollars; for each day's attendance when not selected to serve two dol- lars. For attending justice's court, for each juror sworn to try th« cause, per day, in civil cases, only, one dollar and fifty cents. A juror excused at his own request shall not be entitled to a per diem fee. For each mile actually and necessarily traveled in attending court as a juror, except in criminal cases in justice's court, for which no allow- ance shall be made, in going only, per mile, fifteen cents. [Amendment approved May 28, 1917; Stats. 1917, p. 1155.] § 4240. Counties of eleventh class, salaries of officers. In counties of the eleventh class the officers shall receive as compensation for the services required of them by law, or by virtue of their office, the follow- ing salaries, to wit: 1. County clerk. The county clerk, three thousand si.x hundred dol- lars per annum, and twelve and one-half cc}its for each elector regis- § 4240 POLITICAL CODE. 390 tered; provided, that in counties of this class there shall be, and thor<', is hereby allowed to the county clerk, which said positions are hereby created, the following deputies, who shall be appointed by the eounty clerk of such county, and shall be paid salaries as follows: Two deputieK at a salary of one thousand eight hundred dollars each per annum, four deputies at a salary of one thousand five hundred dollars each per annum, two deputies at a salary of one thousand two hundred dollars- each per annum, and a deputy or deputies not to exceed three for a period of employment not to exceed one calendar mouth preceding each county election to be paid four dollars per diem. The deputies herein provided for shall be paid by such county at the same time and in the same manner and out of the same fund that the salary of the county clerk is paid. In counties of this class the county clerk shall pay into the county treasury all fees received by him in his official capacity. 2. Sheriff. The sheriff, four thousand eight hundred dollars per an- num. The sheriff shall also receive for his own use the fees for mile-" age which are now, or which may hereafter be allowed by law, and the fees and commission for the service of all papers whatsoever issued by any court of this state, outside of this county. The sheriff shall also receive the necessary expenses in all criminal cases; provided, that no constructive mileage shall be allowed. In counties of this class there shall be, and there is hereby allowed to the sheriff, which said positions are hereby created, the following deputies who shall be appointed by the sheriff of such county, and shall be paid salaries as follows: One deputy at a salary of one thousand eight hundred dollars per annum, nine deputies at a salary of one thousand five hundred dollars each per annum, and one deputy, who shall be a woman, at a salary of one thousand two hundred dollars per annum. The deputies herein provided for shall be paid by said countj^ at the same time and in the same manner and out of the same fund that the salary of the sheriff is paid. In counties of this class the sheriff shall make no charge for the board- ing of prisoners over and above the actual cost of materials. 3. Recorder. The recorder, four thousand dollars per annum; pro- vided that in counties of this class there shall be, and there is hereby allowed to the recorder, which said positions are hereby created, the following de])uties and copyists, who shall be appointed by the recorder of sucji county, and shall be paid salaries as follows: One deputy re- corder at a salary of one thousand five hundred dollars x>er annum, one deputy at a salary of one thousand dollars per annum, three copyists at a salar}' of nine hundred dollars per annum; i>rovided, that said copyists being eligible, may be also appointed deputy recorders without further compensation. The recorder may also employ such additional cojiyists, not to exceed two, as maj' be required to copj- instrument.-' filed for record within a reasonable time after the same are filed for record, and which the other copyists herein provided, are unable to co^w within such time. The compensation of such additional copyists shall be [>aid out of the general fund of said county at the rate of seventy- five dollars a month, and pro[)er claims therefor shall be presented to and allowed by the board of suj>ervisors. The deputies and copyists herein providful for, other than additional copyists, shall be paid I)y 391 POLITICAL CODE. § 4240 said county at the same time and in the s;ime manner and out of tlu- same fund that the salary of the recorder is i)aid; provided, that in counties of this class the recorder may be allowed the actual necessary expenses incurred by him in the performance of his official duties and shall pay into the county treasury all fees received by him in his official capacity from whatsoever source they may be derived. -!. Auditor. The auditor, four thousand dollars per annum; provided, that in counties of this class there shall be, and there is hereby allowed to the auditor, which said positions are hereby created, the following deputies and assistants who shall be appointed by the auditor of such county, and shall be paid salaries as follows: Three deputy auditors at a salary of one thousand eight hundred dollars each per annum, one stenographer at a salary of one thousand two hundred dollars per an- num; provided, further, that the auditor may appoint ten additiona' assistants, for a period of employment not to exceed two months in each year, to be paid four dollars each per diem. The deputies and assistants herein provided for shall be paid ))y said county at the same time and in the same manner and out of the same fund as the salarx of the auditor is paid. In counties of this class the auditor shall pay into the county treasury all fees received by him in his official cui)acitv. 5. Treasurer. The treasurer, four thousand dollars per annum; pro vided, that in counties of this class there shall be, and there is hei'eb\ allowed to the treasurer, which said position is hereby create county. 9. Coroner and public administrator. The coroner and public admin- istrator three thousand dollars i)er annum, and his actual necessary 393 POLITICAL CODE, § 4240 expeusea in travoliny outside of the couuty seat, lie shall hohl in- quests as prescribed by chapter two, title twelve, part two of tlie Penal Code, except that ho maj^ in his discretion dispense with a jnry. 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 a chemist to make analysis of the contents of the stomach or tissues of the body, or hold a post-moitem examination of the deceased, and give his professional opinion as to the cause of death. The coroner, in coun- ties of this class, shall be and is hereby allowed one deputy at a salary of one hundred dollars per month, and his necessary traveling expenses in traveling outside of the county seat; said deputy shall have the ])Ower, and it shall be his duty, w^hen directed by the coroner, to hold inquests, and all power conferred by law upon the coronor may be exercised by said deputy; one clerk, which office is hereby created, at a salary of one hundred fifty dollars per month and his actual neces- sary expenses in traveling outside of the county seat, whose duty it shall be, when called upon by the coroner, to attend all inquests and take down in shorthand the testimony of all witnesses at such inquests; when such testimony is taken down by such clerk, his transcription thereof, duly certified to by him, shall constitute the depositions of the witnesses testifying at such inquests so reported by such clerk; the salary of the said deputy and said clerk herein provided for shall be paid by the county, in the same manner, at the same time, and out of the same funds as the salary of the coroner and public administrator is paid. Said deputy and said clerk shall be appointed by the coroner, and shall hold office at the pleasure of the coroner. All fees and com- missions collected by the coroner and public administrator in his official capacity and by his said deputy and clerk in their official capacity shall be paid into the county treasury. 10. Superintendent of schools. The superintendent of schools, three thousand dollars per annum; provided, that in counties of this class there shall be, and is hereby allowed to the superintendent of schools, which said positions are hereby created, the following deputies, who shall be appointed by the superintendent of schools of such county, and shall be paid salaries as follows: One deputy at a salary of one thou- sand eight hundred dollars per annum, and two deputies at a salary of one thousand two hundred dollars per annum each. The deputies herein provided shall be paid by said county at the same time and in the same manner and out of the same fund that the salary of the superintendent of schools is paid. In counties of this class the superintendent of schools shall receive his actual and necessary traveling expenses for visiting and examining schools and school properties of the county and in per- forming such other duties as are incident to the full discharge of the requirements of the office of superintendent of schools. 11. Surveyor. The surveyor, one thousand eight hundred dollars per annum; provided, that in counties of this class there shall be, and there is hereby allowed to the surveyor, which said position is hereby created, one deputy who shall be appointed by the surveyor of such county, and shall receive a salary of one thousand five hundred dollars § 4240 POLITICAL CODE. 394 per annum. The deputy herein provided shall bo paid by said county at the same time and in the same manner and out of the same fund as the salary of the surveyor is paid. 12. Supervisors. Supervisors, two thousand four hundred dollars per annum each, and actual and necessary traveling expenses in the per- formance of the duties of their office. 13. Township officers. Monthly salaries. Population of townships.^ In counties of this class the township officers shall receive the follow- ing compensation, to wit: In townships having a population of twenty- five thousand or more, justices of the peace shall receive a monthly salary of two hundred dollarsj and may appoint one clerk at a salary of fifty dollars per month; and constables a monthly salary of one hundred twenty-five dollars. In townships having a population of ten thousand, or more, and less than twenty-five thousand, justices of the peace shall receive a monthly salary of one hundred sixty-five dollars and constables a monthly salary of one hundred dollars. In townships having a population of four thousand nine hundred thirty, or more, and less than ten thousand, justices of the peace shall receive a monthly salary of one hundred forty dollars, and constables a monthly salary of one hundred twenty-five dollars. In townships having a population of four thousand one hundred forty, or more, and less than four thousand nine hundred thirty, justices of the peace shall receive a monthly salary of seventy-five dollars, and constables a monthly salary of one hundred dollars. In townships having a population of three thousand nine hundred thirty-five, or more, and less than four thousand one hundred forty, justices of the peace shall receive a monthly salary of one hundred dollars, and constables a monthly salary of ninety dollars. In townships having a population of three thousand five hundred eighty, or more, and less than three thousand nine hundred thirty-five, justices of the peace shall receive a monthly salary of, seventy-five dol- lars, and constables a monthly salary of seventy-five dollars. In townships having a population of three thousand four hundred ninety-five, or more, and less than three thousand five hundred eighty, justices of the peace shall receive a monthly' salary of twenty dollars, and constables a monthly salary of twentj'-five dollars. In townships having a population of two thousand six hundred thirty or more, and less than three thousand four hundred ninety-five, justices of the peace shall receive a monthly salary of sixty-fne dollars, and constables a montiily salary of seventy-five dollars. In townships having a pojiulation of (wo thousand four hundred ninety, or more, and less tlian two thousand six hundred thirty, jus- tices of the peace shall receive a montiily salary of scveiity-five dollars. anil (•rnistal)l('s a monthly salary of sixty-five dollars. Ill tdwiisliips lia\iiig a |FO|iulatioi) of 1 wo llioiisainl four hundred fifty- five, or more, and loss than two lliousaud four huinlrod ninety, justices of th(! jicace shall receive a monlhly salary of ninety dollars, and con- stables a monthly salary of seventy-five dollars. 395 POLITICAL CODE. . § 4240 In townships having a jjopulatioii of one thousand seven hundred seventy, or more, and less than two thousand four hundred fifty-five, justices of the peace shall receive a monthly salary of sixty-five dollars, and constables a monthly salary of seventy-five dollars. In townships having a population of one thousand four hundred thirty- five, or more, and less than one thousand seven hundred seventy, jus- tices of the peace shall receive a monthly salary of fifty dollars, and constables a monthly salary of sixty dollars. In townships having a population of one thousand two hundred fifteen, or more, and less than one thousand four hundred thirty-five, justices of the peace shall receive a monthly salary of ninety dollars, and eon- stables a monthly salary of ninetj- dollars. In townships having a population of eight hundred fifty-five, or more, and less than one thousand two hundred fifteen, justices of the peace shall receive a monthly salary of twenty dollars, and constables a monthly salary of tv:enty dollars. In townships having a population of eight hundred, or more, and less than eight hundred fiftj'-five, justices of the peace shall receive a monthly salary of thirty dollars, and constables a monthly salary of thirty dollars. In townships having a population of five hundred eighty, or more, and less than eight hundred, justices of the peace shall receive a monthly salary of one hundred dollars, and constables a monthly salary of one hundred dollars. In townships having a population of three hundred thirty, or more, and less than five hundred eighty, justices of the peace shall receive a monthly salary of twenty dollars, and constables a monthly salary of twenty dollars. Salaries of justices of the peace shall be in full compensation for all services rendered by them in both civil and criminal cases. Salaries of constables shall be in full compensation for all services rendered by them in criminal cases, and in addition to the monthly salaries herein allowed, each constable may receive and retain for his own use such fees as are now or m-ay hereafter be allowed by law for all services rendered by him in civil eases, and shall also be allowed all necessary expenses actually incurred in arresting and conveying prisoners to court or to prison, which said expense shall be audited and allowed by the board of supervisors and paid out of the county treasury. The salaries of justices of the peace and of constables shall be paid monthly by the county in the same manner that the salaries of county officers are paid; provided, that for the purposes of this section, the population of the several judicial townships of this county shall be ascertained by multiplying the number of votes cast for president at the election held in the year 1916, A. D., by five, which said population in said judicial townships has been computed and is determined to be as follows to wit: Judicial township No. 1 1435 Judicial township Xo. 2 121.5 Judicial township No. 3 13025 Judicial townshin No. 1 3580 § 4241 POLITICAL CODE. 396 Judicial township No. 5 2490 Judicial township No. G 27350 Judicial township No. 7 475 Judicial township No. 8 330 Judicial township No. 9 855 Judicial township No. 10 580 Judicial township No. 11 2455 Judicial township No. 12 3495 Judicial township No. 13 2630 Judicial township No. 14. 800 Judicial township No. 15 3935 Judicial township No. Ifi 4930 Judicial township No. 17 4140 Judicial township No. 18 1770 14. Fees of jurors and witnesses. In the superior court, jurors fees aud witness fees shall be as follows: For attending as a grand juror, for each day's actual attendance per day, three dollars, and tw^enty-five cents per mile for each mile actually traveled in going only, and but once during the term for which such juror is drawn, and the judge of said court shall make an order directing the auditor to draw his warrant in favor of such juror for said per diem and mileage and the treasurer shall pay the same. For attending as a trial juror for each day's actual attendance, per day three dollars, and fifteen cents per mile for each mile actually traveled' in going only, and the judge of said court shall make an order directing the auditor to draw his warrant in favor of such juror for said per diem and mileage and the treasurer shall pay the same. For attending as a witness in criminal cases and before the grand jury, for each day's actual attendance the sum of two dollars, and fifteen cents per mile for each mile actually traveled in going only, and the judge of said court shall make an order directing the auditor to draw his warrant in favor of such witness for said per diem and mileage, and the treasurer shall pay the same; provided, however, that in criminal cases such per diem and mileage shall only be allowed on a showing to the court by the witness, that the same was necessary for the expenses of the witness in attending, and the court shall determine the necessity for the same, and may disallow any fees to a witness unnecessarily subpoenaed. The fees for jurors in criminal eases in justice courts shall be two dollars per day for each day of actual service as a juror, and the jus- tice of said court shall make an order directing the auditor to draw his warrant in favor of such juror for said per diem and the treasurer shall pay the same. [Amendment approved May 28, 1917; Stats. 1917, p. 1027.] §4241. Counties of twelfth class, salaries of officers. In counties of the twelfth class, th-; connly olTiccrs slinll receive as compensation for the services required of them liy law, or liy virtue of their office, the following salaries; 397 POLITICAL CODE. § 4241 1. County clerk. The county clerk, four thousand dollars per annum, one deputy at one thousand two hundred dollars per annum, and also one deputy to act as courtroom clerk at one thousand two hundred dol- lars per annum. The county clerk shall also have for use in his. office, and under his supervision and control, two stenographers, and each of said stenographers shall receive a salary of seventy-five dollars per month, to be paid in the same manner and out of the same fund as the salaries of county officers are paid. The said positions of stenographers shall be filled by the county clerk in the same manner as deputies are appointed by him. The county clerk shall also receive ten cents per name of each elector entered upon the great register of the county, and also such fees as may be allowed by law for issuing hunting and fish- ing licenses, and all naturalization fees allowed to the clerk by the naturalization laws of the United States. In any county of this class where an additional deputy clerk has been allowed on account of an increase in the number of departments of the superior court in and for said county since the year 1910, the deputy herein provided for to act as courtroom clerk shall take the place of, and perform the duties of such additional deputy so allowed on account of an increase in the number of departments of the superior court. 2. Sheriff. 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 necessarily trav- eled in the performance of such duty within the county, and at the rate of ten cents per mile, one way only, for every mile necessarily traveled in the performance of such duty outside of the county. He shall have a deputy at a salary of one thousand five hundred dollars per annum. In any county of this class where an additional deputy sheriff has been allowed on account of an increase in the number of departments of the superior court in and for said county since the year 1910, the deputy herein provided for shall take the place of and perform the duties of such additional deputy so allowed on account of an increase in the number of departments of the superior court. Whenever any female prisoner or prisoners, are in custody in the county jail of counties of this class, the sheriff of said county is hereby authorized and eTnpow- ered, immediately upon such prisoner or prisoners being brought to the jail, to employ a matron, and to retain such matron in employment at the county jail so long as any female prisoner is in custody therein. Said matron shall perform the duties prescribed for matrons of the county jail in section four thousand two hundred twenty-six of the Political Code, and shall have the same rights and authority as are pre- scribed in said section for matrons. of the county jail. For each and every day that said matron is actually employed, she shall receive a salary of three dollars, payable upon the presentation of a proper claim therefor, presented to and allowed by the board of supervisors. 3. Recorder. The county recorder, two thousand dollars per annum, and one deputy at one thousand five hundred 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. § 4241 POLITICAL CODE. 398 4. Auditor. The county auditor, two thousand four hun,dred dollars pel anuiiiu, and two deputies each to receive one thousand five hundred dollars per annum. In addi*^ion to said deputies, the county auditor shall have the right to employ from time to time in his office, such additional assistants as may be required to promptly perform the work required to be done therein. Such assistants shall receive a salary of three dollars each, for each day that they are actually and necessarily employed, and such salary shall be paid out of the general fund of the county upon proper claims presented therefor to the board of super- visors; provided, however, that the total amount to be paid such as- sistants shall not exceed three hundred dollars in any one year. 5. Treasurer. The county treasurer, two thousand four hundred dol- lars per annum, and one deputj' at oue thousand five hundred dollars per annum. All fees and commissions collected by the treasurer in his official capacity shall belong to the county, and shall be paid into the county treasury. 6. Tax collector. The tax collector, two thousand four hundred dol- lars per annum, and one deputy at one thousand five hundred dollars per annum. The tax collector shall also have ten clerks at seventy-five dollars per month each for not to exceed two months during each and every year. In addition to said deputy and said clerks, the tax collector shall have the right to employ from time to time , in his office, such additional assistants as may be required to promptly perform the work required to be done therein. Such assistants shall receive a salary of three dollars each, for each day that they are actually and necessarily employed and such salary shall be paid out of the general fund of the county upon proper claims presented therefor to the board of super- visors; provided, however, that the total amount to be pfiid such assist- ants shall not exceed three hundred dollars in any one j^ear. 7. Assessor. The count}- assessor, two thousand four hundred dollars per annum, a chief deputy at one thousand five hundred dollars per annum, and fifteen field deputies for the months of March, April, May and June of each year, each of which field deputies shall receive a salary of five dollars per day for each day actually employed in the performance of his duties. He shall also have two clerks for the months of January, February, March, April, May and .Tune of each year at a salary of seventy-five dollars per month each, and one index clerk for the months of April, May and June of each year at a salary of seventy- five dollars per month. He shall also have for use in his office, and under his supervision and control, a draftsman, which office of drafts- man is hereby by the terms of this act expressly created. It shall be the duty of said draftsman to prepare, under the supervision of the assessor for use in said office, jn-oper books, blanks and plat-books. Said position of draftsman shall be filled by the assessor in the same manner as deputies are appointed by him, and said draftsman shall receive a salary of om- thousand five hundred dollars ])er anr^nm, to bo paid in the same ni;iiiiicr Jis the salaries oi' iMuinty officers are paid. 8. District attorney. The district attorney, three thousand dollars per annum. He shall iia\c one dc]»uty at a salary of two thousand four 399 POLITICAL CODE. § 4241 liuudred dollars per aimuni, and one deputy at a salary of one thousand five hundred dollars per annum; and he shall also have for use in his office, and under his supervision and control, a stenographer, which office of stenographer is hereby, by the terms of this act, expressly created. The said position of stenographer shall be filled by the district attorney in the same manner as deputies are appointed by him, and said sten- ographer shall receive a salary of seventy-five dollars per month, to be paid in the same manner as the salaries of county officers are paid. 9. Coroner. The coroner, such fees as are now or may be hereafter allowed by law. 10. Public administrator. The public administrator, such fees as are now, or ma_y be hereafter allowed by law. 11. Superintendent of schools. The superintendent of schools, for full services, including his duties with and on the county board of education, two thousand five hundred dollars per annum, and actual traveling ex- penses when visiting schools of his county. He shall have two deputies at a salary of one thousand two hundred dollars each per annum. 12. Surveyor. The county surveyor shall receive a salary of two thou- sand dollars per annum, and he shall be allowed one deputy at a salary of one thousand five hundred dollars per annum. The county surveyor shall be allowed all necessary traveling and field expenses of self and chainmen or other help in the field. In addition, the county surveyor shall be allowed to employ all necessary inspectors and field or office help; provided, however, that before employing such inspectors or field or office help, the surveyor shall first obtain the consent of the board of supervisors to such employment. The salaries and expenses of such in- spectors or field or office help shall be paid out of the county general fund upon proper claims presented therefor to the board of supervisors. In any county of this class where bonds have been or shall hereafter be issued under the provisions of section four thousand eighty-eight of the Political Code for the construction of roads, bridges or highways, the board of supervisors may at any time during the planning, laying out or construction of such roads, bridges, or highways, employ all necessary inspectors and field or office help to assist the surveyor in planning, laying out or constructing such roads, bridges and highways. All inspectors and field or office help so employed by the board of supervisors, shall work under the supervision of the surveyor, and board of supervisors, and shall not be employed longer than is necessary to actually complete the roads, bridges or highways constructed with funds created by such bond issue. The salaries of all persons so employed by the board of supervisors as such inspectors or field or office help, shall be prescribed by the said board, and all such salaries, together with the field expenses of all such inspectors or field or office help, shall be paid out of the fund created by such issue of bonds upon proper claims presented therefor to the board of supervisors. 13. Justices of the peace. Justices of the peace shall receive the fol- lowing monthly salaries to be paid each month as salaries of county offi- cers are paid, which shall be in full compensation for all services ren- dered as hereinafter provided: In townships having a population of three § 4241 POLITICAL coDii;. 400 thousand or more, one hundred dollars per month. In townships having a poj^ulation of not less than two thousand and under three thousand, fifty dollars per month. In townships having a population of not less than one thousand and under two thousand, forty dollars per month. In townships having a population of less than one thousand, thirty dollars per month; provided, however, that in townships having a population of six thousand or more, no person other than a duly qualified attorney at law shall be eligible to the office of justice of the peace. Said salaries enumerated in this paragraph shall be in full compensation for all ser- vices rendered by said justices of the peace in both civil and criminal cases. All such fees as are allowed by law in civil cases shall be paid by all justices into the county treasury in the same manner as the fees of county officers are paid. It is hereby found as a fact that as to all townships having a population of less than three thousand the salaries provided for in this subdivision do not work an increase in compensation and the same shall apply immediately to incumbents. 14. Constables. Constables shall receive the following monthly sal- aries to be paid each month as salaries of county officers are paid, which shall be in full compensation for all services rendered by them in criminal cases: In townships having a population of more than three thousand, eighty dollars per month. In townships having a population of not less than two thousand and under three thousand, sixty dollars per month. In townships having a population of not less than one thousand and under two thousand, forty dollars per month. In townships having a population of less than one thousand, twenty-five dollars per month. All such fees as are now or may be hereafter allowed by law in civil cases shall be paid by all constables into the county treasury in the same manner as the fees of county officers are paid. It is hereby found as a fact that the changes in salaries of constables do not work an increase in compensation and the same shall apply immediately to incumbents. In addition to the monthly salary allowed herein, each constable shall be allowed ten cents per mile, for each mile necessarily traveled in the execution of all criminal process within the county, and ten cents per mile one way only, for each mile necessarily traveled in the execution nf all criminal process outside the county. In addition, each constable Khali be allowed all expenses necessarily and actually incurred by him i„ transporting prisoners to court, and to prison, and all expenses neces- sarily and actually incurred by him in exc-mti-.g all process in civil cases. 15 Statements by constables and justices of the peace. It shall be the ,|,.ly of each and every constable and justice of the peace to file on or iH-for.' the first Mondav of each and every month, a full and complete statement, showing all business, both civil and criminal, done during the ^receding month, with the board of supervisors, and he shall file the 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 ,,r ■ill process served in both civil and criminal actions, also in criminal .•uses the places where defendants were arrested, together with the mile- ,xpenses shall li«' allowed and paid as other claims against the county aic allowed and |i;iid, hut if the county shall provide and maintain an automohile for tlic use of the assessor's office no trans- portation exjienses shall ln' ;ilis which shall bo ])aid iDOiithJy as salaries of the coiiiity officers are paid, and which shall be 429 POLITICAL CODE. § 4248 in full for all services rendered by them in criminal cases, to wit: In townships having a population of one thousand eight hundred and more, one hundred dollars; in townships having a population of one thousand five hundred and less than one thousand eight hundred, eighty dollars; in townships having a population of one thousand and less than one thousand five hundred, fifty dollars; in townships having a popula- tion of eight hundred and less than one thousand, thirty dollars; in townships having a population of five hundred and less than eight hun- dred, fifteen dollars; in townships having a population of 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 may be hereafter allowed by law for all services performed by him in civil actions. For the purpose of this section, the basis of cal- culation for fixing the compensation of 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 title, said census may become the basis of 'calculation. 15. Supervisors. Each member of the board of supervisors, one thou- sand two hundred dollars per annum for all services v-rendered including mileage and including services as road commissioners; provided, that when required to go on business to any point outside of said county, they shall be allowed actual expenses. 16. Board of education. Eafh member of the county board of educa- tion shall receive ten cents per mile for traveling from his or her resi- dence to the county seat; provided, that mileage be not allowed for more than two meetings in any one month. 17. In effect, when. Sections one, three, four, five, seven, eight, eleven and the provisions of section fourteen relating to townships hav- ing a population of one thousand eight hundred and more shall go into effect ninety days after final adjournment of the legislature. The salaries herein allowed are in full compensation for all duties per- formed by either principals or their deputies and all fees of every kind collected by each officer or his deputy except the assessor and his depu- ties, as provided in section seven of this act, shall be paid into the county treasury as provided by law except that the county clerk, sheriff, assessor, coroner, and constables, shall each be allowed the fees and commissions as provided for in subdivisions one, two, seven, nine, and fourteen, respectively of this act. [Amendment approved May 28, 1917; Stats. 1917, p. 1137.] § 4248. Counties of nineteenth class, salaries of officers. In counties of the nineteenth class, the county officers shall receive, as compensa- tion for the services required of them by law or by virtue of their offices, the following salaries, to wit: > 1. County clerk. The county clerk, four thousand five hundred dol- lars per annum; provided, that in years when a great register of voters is required by law to be made, the county clerk shall receive in addition § 4-248 POLITICAL CODE. 430 to his regular salary tho sum of one thousand two hundred dollars for such service. The said clerk may appoint one chief deputy clerk, which said office of chief deputy clerk is hereby created. The salary of such chief deputy clerk is hereby fixed at one thousand two hundred dollars per annum, such salary to be paid at the same time and in the same manner as the salary of county officers is paid. 2. Sheriff. The sheriff, six thousand dollars per annum. 3. Recorder. The recorder, three thousand two hundred dollars per annum. The recorder shall also be allowed two copyists, to be appointed by himself, at a salary of seventy-five dollars .per month, to be paid at the same time and in the same manner as the salary of county officers is paid. 4. Auditor. The auditor, one thousand five hundred dollars per annum. 5. Treasurer. The treasurer, two thousand four hundred dollars per annum. 6. Tax collector. The tax collector, three thousand dollars per annum. 7. Assessor. The assessor, three thousand five hundred dollars per annum, and the fees and commissions now or hereafter allowed by law. The assessor shall also be allowed the following deputies, to be ap- pointed by him, viz: One chief deputy assessor, which office is hereby created, at a salary of two thousand one hundred dollars per year; and four deputy assessors. Each of such deputy assessors shall receive a monthly compensation of one hundred dollars, for the months of March, April, May and June of each year, the salary of such deputies to be paid in the same manner, and out of the same fund as the assessor, upon the presentation of a certificate that services have been performed, and signed by the assessor. The salary of the chief deputy assessor shall be paid by the said county, in monthly installments, at the same time, manner and out of the same fund as the county assessor is paid. 8. District attorney. The district attorney, two thousand four hun- dred dollars per annum; assistant district attorney, one thousand five hundred dollars per annum; provided, that in counties of this class the district attorney may appoint a stenographer, which office of stenog- rapher to the district attorney is hereby created, and such stenographer shall receive as compensation for his or her services the sum of six liundred dollars per annum, to be paid in equal monthly installments in the same manner, at tho same time and out of tlio same fund as the salary of otber county officers is paid. !). Coroner. The coroner, sucli fc^os as are now or may lie hereafter alhjwcd by law. 10. Public administrator. Tlic |iul)lir administrator, such fees as are now or niiiy Ijc iicrcaftcr allowed by law. 11. Superintendent of schools. The superintendent of schools, two thousand dollars per annum, and his actual traveling expenses when visiting schools, not to exceed ten dollars per district; provided, that 431 POLITICAL CODE. § 42i8 the said suiierintendont of schools may appoint one deputy superintend- ent of schools, which office of deputy superintendent of schools is hereby created, and such deputy slitiU receive compensation for his or her services the sum of seven hundred twenty dollars per annum, to be paid in equal monthly installments in the same manner, at the same time and out of the same fund as the salary of other county officers is paid. 12. Surveyor. The surveyor, such fees as are now or may be here- after allowed b}- law. 13. Township officers. In counties of this class the township officers shall receive the following compensation, to wit: (a) In townships having a population of four thousand five hundred, or more, each justice of the peace shall receive a salary of one hundred fifty dollars per month, and each constable a salary of ninety dollars per month. (b) In townships having a population of two thousand, or more, and less than four thousand five hundred, each justice of the peace shall receive a salary of sixty dollars per month, and each constable a salary of sixty dollars per month. (c) In townships having a population of one thousand nine hundred twenty-five or more, and less than two thousand, each justice of the peace shall receive a salary of forty-five dollars per month, and each constable a salary of fifty dollars per month. (d) In townships having a population of one thousand eight hundred, or more, and less than one thousand nine hundred twenty-five, each jus- tice of the peace shall receive a salary of thirty-two dollars and fifty cents per month, and each constable a salary of forty dollars per month. (e) In townships having a population of seven hundred thirty, or more, and less than one thousand eight hundred, each justice of the peace shall receive a salary of twenty dollars per month, and each con- stable a salary of twenty-five dollars per month. (f) In townships having a population of less than seven hundred thirty, each justice of the peace shall receive a salary of five dollars per month, and each constable a salary of five dollars per month. The above-named salaries shall be in full compensation for all ser- vices of said justices of the peace and constables in criminal cases; pro- vided, that each constable shall be allowed and paid the actual expense of transporting prisoners, after conviction, to the county jail, which said expense shall be audited and allowed by the board of supervisors and paid out of the county treasury. Said justices of the peace and constables may receive and retain for their own use such fees as are now or may hereafter be allowed by law for all services rendered by them in civil actions. • The salaries of township officers as herein provided for shall be paid in the same manner, at the same time, and out of the same funds that county officers are paid. For the purpose of this subdivision the population of the several judi- cial townships is hereby determined to be the population of said town- ships as shown by the federal census taken in the year A. D. nineteen hundred and ten. § 4249 poLiTiCiU. CODE. 432 14. Supervisors. Each member of the board of supervisors, one thou- sand two hundred dollars per annum, and mileage when acting as road commissioner, twenty-five cents per mile one way; provided, the amount of mileage shall not exceed the sum of three hundred dollars in any one year. 15. Board of education. Members of the board of education, each the sum of five dollars per day for actual service, together with mileage at ten cents per mile. , 16. Jurors. In counties of this class grand jurors and trial jurors in criminal cases in the superior court shall each receive for each day's attendance the sum of three dollars, and the mileage allowed by law. 17. In effect, when. Sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen and sixteen hereof shall become operative as soon as this act takes effect, and shall apply to incumbents in office. [Amendment approved May 28, 1917; Stat's. 1917, p. 124.5.] § 4249. Counties of twentieth class, salaries of officers. In counties of the twentieth class, the county and township officers shall receive as full compensation for the services required of them by law, or by virtue of their office, the following salaries and fees, to wit: 1. County clerk. The county clerk, three thousand dollars per an- num, and such fees as are now, or may be hereafter allowed by law, and in any year when a new great register of voters is required by law, he shall receive, in addition thereto, ten cents per name for each person registered. He may appoint one deputy who shall receive a salary of one thousand eight hundred dollars per annum; one deputy who shall receive a salary of one thousand five hundred dollars per annum; one deputy who shall receive a salary of one thousand two hundred dollars per annum; and one deputy who shall be a stenographer, at a salary of nine hundred dollars per annum; and during any year when an official primary election is held in the county, he may appoint one additional deputy, to serve for a period of four months onlj', at a monthly salary of seventy-five dollars. The deputies, clerks and stenographer herein provided f^r shall be paid by the county at the same time and in the same manner and out of the same fund as the county clerk is paid. In any year when a new registration of voters is required by law, he may appoint such number of deputies as may be necessary for the convenient registration of voters in their respective precincts, such deputyships and offices being hereby created. Each of said deputies shall be paid by the county the sum of ten cents per name for eaoh elector registered by him. Said compensation to be paid out of the general fund of the county, on the presentation and filing with the board of supervisors of the county, of a duly verified claim therefor, approved by the county clerk. On and after January sixth, 1919, all fees, commissions and perquisites from whatever source received and collected by the county clerk, except the said sum of ten cents per name received by him for each ])erson registered, shall bo paid into the county treasury, and shall belong to the county. 433 POLITICAL CODE. § 4249 2. Sheriff. The sheriff, four thousand five hundred dollars per an- num; provided,'' there shall be and there hereby is allowed to the sheriff the following deputies, which oflEiecs are hereby created, who shall be appointed by the sheriff, and shall be paid salaries as fol- lows: One fhief deputy at a salary of one Ifundred fifty dollars per month, one deputy at a salary of one hundred dollars per month, and one deputy to act as jailer at a salary of one hundred dollars per month. The salaries of the deputies and emplbyces herein provided for shall be paid by the county in monthly installments at the same time and in the same manner and out of the same funds as the salary of the sheriff is paid. In criminal cases, and actions in which the county is interested, the sheriff shall receive only actual expenses incurred and no more. All claims against the county shall be itemized and sworn to by the sheriff' or chief deputy, and filed with the board of supervisors monthly before the tenth day of each month. Expense accounts to be sworn to and filed as separate claims. A monthly state- ment of all fees collected from whatever source derived, duly sub- scribed and sworn to by the sheriff" or chief deputy shall be filed with the county treasurer on or before the tenth day of each month. The board of supervisors may allow the sheriff a sum not to exceed thirty- seven and one-half cents per day for feeding each prisoner committed to his custody. Prisoners shall be fed three meals each day. The changes in this subdivision made shall apply to the incumbent and shall be in lieu of all fees, commissions, and mileage. 3. Recorder. The recorder, three thousand five hundred dollars per annum; and said recorder may appoint two deputy recorders, one of whom shall receive a salary of one thousand two hundred dollars per annum, and one who shall receive a salary of eight hundred dollars per annum. He may appoint such copyists as may be required for the recording of all papers, notices or documents in his office, except maps or plats, who shall receive for their services the sum of six cents per iolio; and for copies of an^^ paper or record six cents per folio. The salaries and compensation of all deputies and copyis.ts herein provided for shall be paid by the county in monthly installments out of the same fund as the recorder is paid. All fees, commissions and perquisites collected by the recorder, from whatever source received, shall be paid into the county treasury. The recorder shall file monthly, on or before the tenth day of each month, with the county auditor, a verified state- ment showing in detail the fees received by him, and the amounts paid to copyists or other employees in his office, and the names of the persons to whom the same were paid. 4. Auditor. The auditor, three thousand dollars per annum. He may appoint one deputy, who shall receive a salary of one thousand five hundred dollars per annum; and one clerk at a salary of seventy-five dollars per month; and one copyist for the months of September and October in each year, at a salary of one hundred dollars per month. The deputy, clerk and copyist herein provided for shall be paid by the county in monthly installments in the same manner and out of the same fund as the auditor is paid. 28 § 4249 POLITICAL CODE. 434 5. Treasurer. Tlic treasurer, three thousand dollars per annum. 6. Tax collector. The tax collector, three thousand five hundred dollars per annum. He may appoint one deputy, which office is hereby created, at a salary of one thousand two hundred dollars per annum; and four clerks, for four months in each year, at a salary of fifty dollars per month; he may also api^oint one copyist, at a salary of fifty dollars per month for four months, and two indexers, at a salary of sixty dollars each per month for four months in each year, whose duty it shall be to compile an index to the assessment-rolls of the county, and of each sanitary district, said index to be a public record, and to be kept in the office of the tax collector for public use. Said deputy, clerks and indexers to be paid .by the 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. All fees, perquisites and commissions from whatever source derived, collected by the tax collector, shall be paid into the county treasury, and shall belong to the county. 7. Assessor. The assessor, four thousand dollars per annum. In counties of this class there shall be and there hereby is allowed to the assessor the following clerks, deputies and employees, who shall be appointed by the assessor, and shall be paid salaries as follows: One chief deputy assessor at a salary of one hundred dollars per month; one deixity assessor at a salary of seventy-five dollars per month; and such additional field deputy assessors and clerks as the assessor may appoint at a salary not to exceed five dollars per day each; provided, however, that the total amount of salary and compensation paid to such additional deputies and clerks who receive a per diem shall not exceed the sum of three thousand dollars per annum. Said additional deputies and clerks to be paid by the county on the presentation and filing with the board of supervisors of duly verified claims, showing the services rendered, approved by the assessor. The salaries of all deputies, clerks and employees shall be paid by the county, at the same time and in the same manner and out of the same fund as the salary of the assessor is paid. The assessor shall receive no compensation or commissions for the collection of personal property taxes, or compiling tlie military roll, and all commissions, perquisites and fees from what- ever source received, collected by him, shall be paid into the county treasury, and shall belong to the county. The changes herein made are intended to place the oflice of the assessor on a fixed salary basis, in lieu of the assessor's present compensation, fees and conimissions allowed liim by law, and shall apply to the incumbent. s. District attorney. Tlie district attorney, Ihicc thousand dollars )icr aiiiiiiiii; and said (]islri(-t attorney may appoint a stenographer, whicli office is hereby created, who shall receive a salary of seventy-five dollars jier month; provided, however, that such stenographer shall receive a salary of ninety dollars per month in case such stenographer shall per- form all the services required in the county as official reporter in all jiroliminary hearings in felony eases. Said stenographer shall be paid liv the county at the same time and in the same manner and out of tlic same fund as the district attorney is jiaid. The district attorney 435 por.iTicAL CODE. § 4249 shall be allowed, in addition to the monthly salary herein allowed, the sum of sixty dollars per month, which shall be in full for all his travel- ing and other personal expenses in criminal cases and civil actions in which the county is interested, as provided for in subdivision two of section four thousand three hundred seven of the Political Code. 9. Coroner. The coroner, such fees as are now or may be hereafter allowed by law. 10. Public administrator. The public administrator, such fees as are now or may be hereafter allowed by law. 11. Superintendent of schools. The sui)erintendent of schools, two thousand seven hundred dollars per annum, and actual traveling ex- penses when visiting the schools of the county; a verified 'itemized state- ment of such expenses shall be filed by said superintendent monthly with the board of supervisors. 12. Surveyor. The surveyor shall receive two thousand four hundred dollars per annum for all work performed for the county, and, in addi- tion thereto, actual traveling and other necessary expenses incurred in connection with field work. Whenever the surveyor is directed by the board of supervisors or assessor to plat, trace or otherwise prepare maps^ plats or block-books for the use of the county assessor or said board, he shall be allowed only the actual cost of preparing the same. 13. Justices of the peace. 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, and of all fees. In townships having a population of three thousand five hundred or more, one hundred dollars per month. In townships having a population of not less than one thousand five hundred and not more than three thousand five hundred, seventy-five dollars per month. In all townships having a population less than one thousand five hundred, forty dollars per month. All fees collected by justices of the peace shall be paid into the county treasury, and shall belong to the county. The provisions of this subdivision shall apply to the incumbents. 14. Constables. Constables shall receive the following monthly sala- ries, to be paid each month as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal eases: In townships having a population of three thousand five hundred or more, ninety dollars per month; in townships having a population of not less than one thousand five hundred nor more than three thousand five hundred, eighty-five dollars per month; in all townships having a population of less than one thousand five hundred, forty-five dollars per month. In addition to the monthly salary allowed herein, each con- stable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil actions; and he shall also be allowed his actual and necessary ex- penses incurred in executing any warrant outside of his county issued by a magistrate or justice of his county. Constables shall also be allowed all necessary expenses actually incurred in arresting and con- f-eying prisoners to the county jail, which said expenses shall be audited § 4249 POLITICAL CODE. 436 and allowed by the board of supervisors, and paid out of the county treasury. 15. Board of education. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty- five cents jDer 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 presented to the board of supervisors, and shall be allowed at the rate above named, in the same manner as other claims against the county are allowed. The compensation of the mem- bers of the county board of education herein provided is not in addition to that provided in section one thousand seven hundred seventy of this code. 16. Supervisors. Each supervisor, one thousand five hundred dollars per annum, and twenty cents per mile for traveling from his residence to the county seat; provided, that when a supervisor is also road com- missioner 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 dollars. The changes as to salary made in this subdivision shall not apply to incumbents. 17. Jurors. In counties of this class, grand jurors and trial jurors in the superior court shall each receive for each day's attendance, per day, the sum of three dollars, and for each mile actually and necessarily traveled from their residence to the county seat, in going only, per mile, the sum of twenty cents; such mileage to be allowed but once during each session such jurors are required to attend. 18. Justices of the peace. Justices of the peace shall be allowed for their office rent and expenses the sum of fifteen dollars each per month in addition to the monthly salaries herein allowed. Each justice of the peace must pay into the county treasury monthly, all fees and fines col- lected by him; and he 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 fees and fines collected by him. The auditor must withold warrants for salary and office rent until a sworn state- ment has been filed with him, of all cases tried, and fees and fines col- lected; and the same are paid into the county treasury. No justice of the peace shall draw or receive any monthly salary unless he shall make and subscribe an affidavit before an officer entitled to administer oaths, that no cause in his court remains pending and undecided, that has been submitted to him for decision for a period of thirty days; said affidavit fo lie filed with llie auditor of the county. H). Jail matron. In counties of this class there shall be appointed by thi- slieriir a suitaljle woman as jail matron, who shall have care of female prisoners confined in the county jail. She shall be paid a salary 437 POLITICAL CODE. § 4250 of fifty dollars per month, to be paid by the couuty in monthly install- ments at the same time, in the same manner, and out of the same fund that the salary of the sheriff is paid. 20. Incumbents. The changes made in this act shall apply to the in- cumbents unless otherwise herein provided. [Amendment approved May 28, 1917; Stats. 1917, p. 1131.] § 4250. Counties of twenty-first class, salaries of officers. In counties of the twenty-first class t!ie county find township officers shall receive, as full compensation for the services required of them by law or by virtue of their officers, the following fees and salaries: 1. County clerk. County clerk, three thousand five hundred dollars per annum, and shall receive in addition the sum of six hundred dollars a year for every year that an election is held throughout the state of California; he also shall receive in addition the sum of ten cents per name for each voter registered in the county of Santa Cruz, which shall be in full for all services required in registering voters and mak- ing up the great register, and the performing of all other acts incident to or pertaining to elections; provided, that in counties of this class there shall be and is hereby allowed to the county clerk one copyist and index clerk who shall be appointed by the county clerk and who shall be paid a salary of nine hundred dollars per annum, and whose salary shall be paid in monthly installments in the same manner and out of the same fund as the salary of the county clerk is paid. 2. Sheriff. Sheriff, three thousand dollars per annum; provided, that there shall be and there is hereby allowed to said sheriff an under-sheriff who shall receive a salary of one thousand two hundred dollars per annum and one deputy sheriff, who shall also act as night jailer, at a salary of five hundred dollars per annum; the said under-sheriff and the said deputy to be appointed by the sheriff and the salaries of which shall be paid by the 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; and provided, further, that in addition thereto, the sheriff shall receive and retain for his own and benefit all of the fees, per diem, mileage and expenses 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 in the state outside of Santa Cruz county. 3. Recorder. The recorder, two thousand four hundred dollars per annum; provided, however, that in counties of this class the recorder shall be entitled to the actual cost incurred by him for the recording of all papers and documents in his office not exceeding seven cents per folio for each paper or document so recorded; provided, further, that said recorder shall file monthly, with the "county auditor, a verified statement showing in cletail the persons and the amounts paid to each for such recording. 4. Auditor. The auditor, two thousand seven hundred fifty dollars per annum. § 4:250 POLITICAL CODE. 438 5. Treasurer. The treasurer, two thousand four liurnlred dollars per annum. . ■~^, .;^ 6. Tax collector. The tax collector, two thousand seven hundred fifty- dollars per annum; provided, that in lieu of the clerk now allowed this office for six months during each year, the said tax collector is hereby allowed one deputy for the entire year who shall receive a salary of nine hundred dollars per annum; said salary to be paid by the 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. Assessor. The assessor, three thousand dollars per annum; pro- vided, that in addition the assessor shall be allowed one office deputy at nine hundred dollars pe.r annum; one draftsman at one thousand two hundred dollars per annum; one deputy for five months in the year at one hundred dollars per month; one copyist for five months in the year at forty dollars per month; one deputy for five months in the year at one hundred dollars per month; one deputy for. three months in the year at one hundred dollars per month,' and one deputy for four months in the year at one hundred dollars per month; and provided further, that all of said deputies, clerks and draftsmen, herein provided for, shall be appointed by the assessor and shall be paid by the 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. S. District attorney. The district attorney, two thousand dollars per annum; provided, that in counties of this class, there shall be and there is hereby allowed to the district attorney one deputy, to be appointed by the district attorney, and who shall be regularly admitted to practice before the courts of the state of California. Said deputy shall receive a salary of six hundred dollars per annum, which salary shall be paid by said county in equal monthlj' installments at the same time and in the same manner and out of the same fund as the salary of the dis- trict attorney is paid. The district attorney shall be allowed in addition to the monthly salary herein allowed, the sum of sixty dollars per month, which shall be in full for all his traveling and other personal expenses in criminal cases and civil cases in which the county is in- terested, as provided for in subdivision two of section four thousand tliroo luindrcd seven of the Political Code. Payment of said sum of sixty dollars per month shall be in full also for all office stenographic services required by said district attorney in criminal actions and in civil actions and other matters in which the county is interested. 9. Coroner. The coroner, such fees as are nor or may be hereafter ullowod by law. 10. Prblic administrator. 'I'lic puljlic administrator, such fees as are now or may ]>(' licreafter allowed by hnv. 11. Superintendent of schools. Tiie suiierintendont of . schools, one thousand oiglit hundred dollars jicr aiiiiuin, and actual traveling expenses when visiting the schools of his couiily; jirovided, that in counties of this class there shall be and there is hereby allowed to the superin- tendent of schools, a clerk which office is hereby created, at a salary 439 poijTiCAL CODE. § 4250 of fifty dollars iK>r iiioiitli, and who shall lie aiipoiiited by the superin- tendent of schools. The salary of said clerk herein provided for 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 super- intendent of schools is paid. 12. Surveyor. Tlie county surveyor for all services required of him as county surveyor, and also for all services which may be required of him, as a road engineer, shall receive two thousand four hundred dollars per annum, and necessary cost of transportation to and from, and necessary expenses in the field, while engaged on public work, and he is hereby required to devote all his time to the county work. IH. Board of supervisors. Board of supervisors, each member of the board of supervisors one hundred dollars per month and no mileage; provided, that whenever it shall be necessary for any member of the board of supervisors to leave the county of Santa Cruz for the purpose of performing any of his duties, that then and in that event, said super- visor shall be allowed his actual expenses. 14. Population of townships. For the purpose of regulating the com- pensation 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 ten thousand or more shall belong to and be known as townships of the first class; townships containing a population of less than ten thousand and more than six thousand shall belong to and be known as townships of the second class; tiwnships containing a jjopulation of less than six thousand and more than four thousand shall belong to and be known as townships of the third class; townships containing a population of less than four thousand and more than two thousand shall belong to and be known as townships of the fourth class; townships containing a population of less than two thousand shall belong to and be known as townships of the fifth class; the population of the several judicial townships shall be determined for the purpose of this and the succeeding subdivisions by multiplying by three the total number of names registered as voters in such townships as shown by the complete index to great register as compiled and certi- fied by the county clerk of said class of counties in October, A. D. 1912. 15. Justices of the peace. From and after January 4, 1915, justices of the peace of townships in said county shall receive the following salaries, which shall be jitxid monthly in the same manner as the salaries of the county officers are paid, out of the salary fund of the county, which shall be in full for all services rendered by them in criminal and civil cases; provided, 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 salaries therein provided for, to wit: In townships of the first class, two hundred dollars per month; in town- ships of the second class, one hundred twenty-five dollars per month; in townships of the third class, fifty dollars per month; in townships of the fourth class, thirty-five dollars per month; in townships of the fifth class, twenty-five dollars per month. All fees fixed and provided by § 4250 POLITICAL CODE. 440 law and collected by any justices of the peace shall be paid into the county treasury at the end of each month. Justices of the peace in the first and second classes shall be allowed their actual office rent, not to exceed the sum of fifteen dollars each, for any one month. Constables. Constables shall receive the following fees and salaries which shall be paid monthly and in the same manner as the salaries of the county officqrs are paid, out of the salary fund of the county, VA'hich shall be in full for all services rendered by them in criminal cases, to wit: In townships of the first class, seventy^five dollars per month; in townships of the second class, seventy-five dollars per month; in townships of the third class, forty dollars per month; in townships of the fourth class, twenty-five dollars per month; in townships of the fifth class, fifteen dollars per month; provided, that in addition to the salaries herein allowed, each constable shall be paid out of the general fund of the county for traveling expenses outside of his own township for the service of a warrant of arrest, or ony other process, in a criminal case (where said service is in fact made), his actual expenses each way; for each mile traveled outside of his county, both going to and returning from the place of arrest or other service of process, his actual expenses each way; for transporting prisoners to the county jail a constable shall be allowed his actual expenses each way, which said actual expenses are hereby defined to be the actual cost of transportation of said con- stable or his prisoner or prisoners. 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 service rendered by him in civil cases. 16. Reporter. The official re]iortcr of the superior court shall receive the fees allowed by law. 17. Probation officer. The probation officer of this county shall re- ceive, from and after January 4, 1917, the sum of seven hundred eighty dollars per annum. IS. Salaries full compensation. Exception. In fixing the compensa- tion of tlie abo\e-named officers in the amounts liereinabove specified, it is hereby expressly provided that the salaries and fees above provided shall be in full compensation of all services of every kind and descrip- tion rendered by the officers named herein, either as officers or ex officio officers, their deputies and assistants; and it is hereby further expressly provided, that all of the fees, commissions, per diem and expenses pro- vided for in section four thousand two hundred ninety of the Political Code of the state of California, and all other moneys coming into the hands of the county and township oflu'ers, no nuitter from what source licrived or received, shall belong 1o and lie tlw |ii(i|M'ity of tlie county of Santa Cruz and shall l)e i)aid into the county Irt'asiiry l)y said officer at the same time ami in tlic sain'.' manner that other moneys are re- quired by law to be jiaiiJ into tlu; county treasury by him save and ex- (;ej)t, however, that the provisions of this subdivision shall not apply to the offices of sherifT, recorder, district ;\ttorn(>y and superintendent (if schools, anil llicy aic cxpr-cssh' exempt cij fi-om I lie jirovisions of this 441 POLITICAL CODE. § 4251 subdivision, and as to said offices herein last named, to wit: sheriff, recorder, district attorney and superintendent of schools, they shall re- ceive the salaries, fees and commissions provided for by law, as pro- vided for in subdivisions two, three, eight and eleven of this act. [Amendment approved April 1«, 1917; Stats. 1917, p. 1.33.] § 4251. Comities of twenty-second class, salaries of officers. In coun- ties of the twenty-second class the county officers shall receive, as com- pensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. County clerk. The county clerk, two thousand five hundred dollars per annum, and when a new register of voters is required by law to be made, he shall receive in addition, fifteen cents per name for each voter registered, 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, one deputy, who shall be appointed by said county clerk, who shall be paid a salary of one hundred twenty-five dollars per month, and one deputy who shall be appointed by said county clerk, who shall be paid a salary of seventy-five dollars per month, said salaries of said deputies to be paid by said county monthly 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. Sheriff. The sheriff, four thousand five hundred dollars per annum; and also all fees for service of papers in actions arising out of his county; provided, that in counties of this class there shall be and is hereby allowed to the sheriff a deputy, who shall be appointed by said sheriff, who shall be paid a salary of one hundred twenty-five dollars per month, said salary to be paid by said county monthly at the same time and in the same manner and out of the same fund as the salary of the sheriff is paid. 3. Recorder. The recorder, two thousand five hundred dollars per an- num; provided, that in counties of this class there shall be and is hereby allowed to the recorder, one deputy, who shall be appointed by said recorder, who shall be paid a salary of one hundred dollars per month, and three copyists who shall be appointed by said recorder, who shall be paid a salary of seventy-five dollars a month each, said salaries of said deputies and of said copyist to be paid by said county monthly at the same time and in the same manner and out of the same fund, as the salary of the recorder is paid. 4. Auditor. The auditor, three thousand dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the auditor a deputy who shall be appointed by said auditor, who shall be paid a salary, of one hundred twenty-five dollars per month, said salary of said deputy to be paid by said county monthly at the same time and in the same manner and out of the same fund, as the salary of the auditor is paid; and provided, further, that in counties of this class there shall be and is hereby allowed to the auditor a deputy who shall be appointed by said auditor for the period of time embraced between the first day of September and the first day of October in each fiscal § 4251 POLITICAL CODE. 442 year, who shall be paid a salary of seventy-five dollars per month, said salary to be paid by said county monthly during the period of time said deputy shall be employed at the same time and in the same manner and out of the same fund as the salary of the auditor is paid. 5. Treasurer. Tlie treasurer, three thousand dollars per annum. 6. Tax collector. The tax collector, two thousand five hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the tax collector, a deputy, who shall be appointed by said tax collector, who shall be paid a salary of one hundred dollars per month, said salary to be paid by said county monthly at the same time and in the sarne manner and out of the same fund as the salary of the tax collector is paid; provided, further, that in counties of this class there shall be and is hereby allowed to the tax collector a deputy for the period of time embraced between the first day of July and the thirty-first of December in each fiscal year, and also for the period of time embraced between the first day of April and the first day of June in each fiscal year. Said deputy shall be appointed by said tax collector, and shall be paid a salary of seventy-five dollars per month during the period of time said deputy shall be employed, to be paid by said county monthly at the same time and in the same manner and out of the same fund as the salary of the tax collector is paid; provided, further, that in counties of this class there shall be and is hereby allowed to the tax collector a copyist for the period of time embraced between the fifteenth day of August and the fifteenth day of December in each year. Said copyist shall be appointed by said tax collector, and shall be paid a salary of fifty dollars per month during the period of time said copyist shall be employed, to be paid by said county monthly at the same time and in the same manner and out of the same fund as the salary of the collector is paid. 7. Assessor. The assessor, four thousand dollars per annum, and also such fees and commissions as are allowed by law; provided, that in counties of this class there shall be and is hereby allowed to the assessor, a deputy, who shall be appointed by said assessor, who shall be paid a salary of one hundred twenty-five dollars per month, to be paid by said county monthly at the same time and in the same manner and out of the same fund, as the salary of the assessor is paid; and provided, further, that in counties of this class there shall be and is hereby allowed to the assessor, a deputy who shall be appointed by said assessor, who shall be paid a salary of one hundred dollars per month, to be paid by said county monthly, at the same time, and in the same manner and out of the same fund as the salary of the assessor is paid; and provided, further, that in counties of this class the board of supervisors is hereby authorized and empowered to furnish the assessor with a copyist for whatever time said board of supervisors may deem necessary during cnch year. Baid copyist shall be paid a salary of seventy-five dollars a moiilh to ])(' i>aid by said county monthly, at the same time, and in the saMic iiiaiiiicr and out of tlie same fund as llie salary of said assessor is paid. H. District attorney. The district attorney three thousand dollars per annuMi; provided, tliat in counties of this class, the district attorney 443 POLITICAL CODE. , 1 4251 may appoint a deputy which oflice of doputy district attorney is hereby created; said deputy to be employed at sucli times aud to receive such salary not to exceed the sum of one hundred fifty dollars per month as the board of supervisors may fix by resolution; provided, further, that said district attorney may appoint a stenographer at a salary of sev- enty-five dollars per month. Said deputy and said stenographer shall be paid at the same time and out of the same fund as other county officers are paid. 9. Superintendent of schools. Tlie superintendent of schools, two thousand four hundred dollars per annum and actual traveling expenses, when visiting schools of his county; provided, that in counties of this class there shall be and is hereby allowed to the superintendent of schools, a deputy who shall be appointed by said superintendent of schools, and who shall be paid a. salary of one hundred dollars per month, to be paid by said county monthly, at the same time and in the sarne manner and out of the same fund as the salary of the superintendent of schools is paid. 10. Coroner. The coroner, such fees as are now^ or may be hereafter allowed by law. 11. Public administrator. The public administrator such fees as are now or may be hereafter allowed by law. 12. Surveyor. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Population of townships. Justices of the peace. For the purpose of fixing the compensation of justices of the peace according to their duties, townships in counties of this class are hereby classified according to their population as follows: Tow^nships having a population of ten thousand or more shall belong to and be known as townships of the first class; townships having a population of less than ten thousand and more than five thousand shall belong to and be known as townships of the second class; townships having a population of less than five thousand and more than ten thousand shall belong to and be known as townships of the third class; townships having a population of less than one thou- sand and more than nine hundred shall belong to and be known as town- ships of the fourth class; townships having a population of less than nine hundred shall belong to and be known as townships of the fifth class. The population of the several townships shall be determined by the board of supervisors upon the enactment of this act and also at the time of the formation of any new township or townships for the purpose of this and the succeeding subdivisions by the last federal cen- sus taken during the year 1910. Justices of the peace shall receive the following salaries: In townships of the first class the sum of one hundred fiftj' dollars jier month; In townships of tlie second class the sum of one hundred twentj'-five dollars per month ; In townships of the third class the sum of thirty dollars per month; In townships of the fourth class the sum of ten dollars per month; In townships of the fifth class the sum of five dollars per mouth; § 4252 POLITICAL CODE. 444 Such salaries shall be paid in the same manner and out of the same fund as the salaries of county officers are paid and shall be compensa- tion in full for all services rendered. All fees received by justices of the peace shall be paid into the county treasury every month. Justices of the peace in the first, and second classes shall be allowed their actual office rent not to exceed the sum of fifteen dollars ($15.00) per month. Also their civil and criminal dockets and legal blanks. 14. Constables. Constables, such fees as are now or may be hereafter allowed by law, and in addition thereto three dollars per day for each day's actual attendance in court during a jury trial therein or prelimi- nary examination for felony; provided, that no constable shall receive more than three dollars for any one day's attendance on any court. 15. Supervisors. Bach member of the board of supervisors, fifty dol- lAs per month and mileage at the rate of ten cents per mile for travel- ing to and from his residence to the county seat; and also mileage for his services as road commissioner at the rate of twenty cents per mile one w^ay, for all distances actually traveled in the discharge of his duties as such road commissioner; provided, that such mileage as road com- missioner shall not in any one year exceed the sum of three hundred dollars. 16. Board of education. Each member of the board of education in- cluding the secretary, five dollars per day when the board is in session, and ten cents per mile for traveling to and from his or her residence to the county seat at each session, unless otherwise provided for by law. [Amendment approved May 28, 1917; Stats. 1917, p. 1003.] § 4252. Counties of twenty-third class, salaries of officers. In coun- ties of the twenty-third class, the county and township officers shall receive as compensation for services required of them by law, or by virtue of their office, the following salaries, to wit: 1. County clerk. The county clerk, three thousand dollars per annum; provided, that he shall have power to appoint one deputy at a salary of one thousand five hundred dollars per annum, payable at the same time and in the same manner as that of other county officers; and further provided, that he shall have powder to appoint one deputy at a salary of one thousand two hundred dollars per annum, payable at the same time and in the same manner as that of other county officers; and further provided, that in every even numbered year he shall have power to ap- point one deputy at a salary of nine hundred dollars per annum, payable at the same time and in the same manner as that of other county officers; and further provided, that he shall receive six hundred dollars per an- num for compiling a great register and for services performed in prepar- ation for any and all elections, which shall be in full for all services required in registering voters and for all services performed in prepara- tion for elections. The county clerk shall also receive and retain, for his own use and benefit, all fees and commissions wMiich now are, or which may hereafter be allowed by law. 2. Sheriff. The sheriff, three thousand five hundred dollars per an- num; provided, that he shall have the power to appoint two deputies. 445 POLITICAL CODE. § 4252 vvliicli offices are hereby created, at a salary of one thousand five hun- dred dollars each per annum, payable at the same time and in the same manner as that of other couuty officers. The sheriff shall also receive aud retain in all civil cases for his own use and benefit, fees, commis- sions and mileage which now are or which may hereafter be allowed by law; and also all expenses incurred in the pursuit of criminals or trans- acting any criminal business. The sheriff shall also receive and retain for his own use and benefit mileage and fees for the service of process or papers issued' by any court in the state. 3. Recorder. In effect when. The recorder, two thousand four hun- dred dollars per anniiiu; provided, that he shall have the power to ap- point one deputy at a salary of one thousand two hundred dollars per annum, and one deputy at a salary of one thousand eighty dollars per annum, payable at the same time and in the same manner as that of other couuty officers; provided, however, that the foregoing provisions of this subdivision of this section shall not be in force, or go into effect, until the expiration of the term of office of the incumbent; and until then, the provisions of subdivision three of section four thousand two hundred fifty-two of the Political Code, approved June 1, 1915, shall continue in force. 4. Auditor. The county auditor, two thousand four hundred dollars; provided, that he shall have the power to appoint one deputy at a salary of one thousand two hundred dollars per annum, and one deputy at a salary of nine hundred dollars per annum; and provided, that in coun- ties of this class there shall be and hereby is allowed to the county auditor, such additional assistants as the auditor may require, during the months of July, September and December of each year, and whose compensation in the aggregate shall not exceed two hundred dollars in any one year. 5. Treasurer. The treasurer, two thousand four hundred dollars per annum; provided, that he shall have power to appoy^t one deputy, which office is hereby created, at a salary of one thousand eighty dollars per annum, payable at the same time and in the same manner as that of other county officers. The treasurer shall receive and retain for his own use the fees and commissions now or hereafter to be allowed him by law. 6. Tax collector. The tax collector, two thousand four hundred dol- lars per annum; provided, he shall have power to appoint one deputy, which office is hereby created, at a salary of one thousand eighty dollars per annum, payable at the same time and in the same manner as that of other county officers; and provided, further, he shall have power to appoint one deputy during the months of August, September, October, November and December of each year, which office is hereby created, at a salary of seventy-five dollars per month, payable at the same time and in the same manner as that of other county officers. 7. Assessor. The assessor, four thousand two hundred dollars per annum; provided, that he shall have power to appoint one deputy, which office is hereby created, at a salary of one thousand eighty dollars pei' annum, payable at the same time and in the same manner as that of other county officers, and said assessor shall also receive the commis § 4252 POLITICAL CODE. 446 sions on the amount of personal property tax as is provided in and by section four thousand two hundred ninety of the Political Code and five cents per name for military roll. 8. District attorney. The district attorney, two thousand four hun- dred dollars per auuuui, and his actual traveling expenses when prose- cuting criminals within the county; provided, that he shall have power to appoint two deputies, which offices are hereby created, one of said deputies to receive a salary of one thousand two hundred dollars per annum^ and the other deputy to receive a salary of nine hundred dollars per annum; the salary of each of said deputies to be payable in the same manner and at the same time as that of other county officers. 9. Coroner. The coroner, such fees as are now or may hereafter be allowed bj' law. 10. Public administrator. The public administrator, such fees as now or may hereafter be allowed by law. 11. Superintendent of schools. The superintendent of schools, two thousand four hundred dollars per annum, and his actual traveling ex- penses when visiting the schools of the county; provided, that he shall have the power to appoint one deputy, which office is hereby created, at a salary of one thousand five hundred dollars per annum, payable at the same time and in the same manner as that of other county officers; and provided, that he shall not receive in any one year of his term of office, compensation for his services as secretary of the county board of educa- tion, in excess of two hundred dollars. 12. Surveyor. The surveyor, one thousand eight hundred dollars per annum, for all work performed for the county, and in addition thereto his actual necessary traveling and other expenses incurred in connection with field work, and cost of preparing maps, plats, block-books and trac- ings, for the assessor when directed by him. i:!. Justices of tffe peace. The justices of the peace shall receive tlie following monthly salaries, to be paid each month as the salaries of the county officers are paid, which shall be in full for all services ren- dered by them: (1) in townships having a population of five thousand or more, one hundred thirty dollars per month; provided, that where there is now or may be hereafter created in such township more than one justice of the peace, the monthly salary of said two justices shall each be one hundred dollars per month; (2) in townships having a popu- lation of two thousand five hundred and less than five thousand, sixty- five dollars per month; (3) in townships having a population of one thousand five hundred and less than two thousand five hundred, sixty dollars per month; (4) in townships having a population of one thousand ;ind less than one thousand five hundred, forty-five dollars per month; (."}) in townships having a population of five hundred and less than one thousand, thirty-five dollars per month; (6) and in townships having a pO[)nlation of less than five hundred, thirty dollars ])ev month. Each jus- tice must pay into the county treasury once a iiKtnlli all fres and fines collcclcd by him. 14. Constables. 'I'hc coiisfnMc slmll receive the following salaries to !)(• ]iai(| cacl: iiionlli as salaries of Ihi; county oflicers are jiaid, which 447 POLITICAL CODE. §§ 4252a-4254 shall be in full for all services rendered by them in criminal cases and in all other criminal matters: (1) in townships having a population of five thousand or more, seventy-five dollars per month; (2) in townships having a population of two thousand five hundred, and less than five thousand, fifty dollars per month; (3) in townships having a population of one thousand five hundred or less than two thousand five hundred, forty-five dollars per month; (4) in townships having a population of one thousand and less than one thousand five hundred, thirty-five dollars per month; (5) in townships having a population of five hundred and less than one thousand, thirty dollars per month; (6) in townships hav- ing a population of less than five hundred, twenty dollars per month; ])rovided, that in addition to the salary herein allowed, each constable shall be paid out of the treasury of the county for necessary traveling expenses in his own district, forthe service of a warrant of arrest or any other process in a criminal case, or other criminal matters, wheii such service is in fact made, 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 in the service of process, five cents per mile; and for transporting persons to the county jail, ten cents per mile each way. In addition to the monthly salary allowed him herein each con- stable shall receive for his own use, the fees' in civil eases, which now or may hereafter be allowed hj law. 15. Supervisors. The supervisors, each, the sum of one thousand two hundred dollars x'ys, shall bo r(>tained by him us a part of his compensation. i:;. Classification of townships. \'\aiil ;i siilnry of one thousand two hundred dollars |,,.|- anni which saiil salary sli;ill he jiaid at the same time, in the same Mianner. and out of tlir same tnnd as the salaries of other county officers are paid; pro\iilc.|. further, that in rouiities of this class there shall be anil is hcrehy mIIo\\c(1 to the tax collector one depiity for the period of 459 POLITICAL CODE. § 4256 time embraced between the firnt day of October and the thirty-first day of December in each fiscal year, which said deputy shall be appointed by said tax collector, and shall be paid a salary of seventy-five dollars per month during the period of time said deputy shall be employed and which salary shall be paid at the same time, in the same manner and out of the same fund as the salaries of other county officers are paid. 7. Assessor. The assessor, four thousand dollars per annum, and such fees and commissions as are now or may hereafter be allowed by law; and provided, that in counties of this class there shall be and there is hereby allowed the assessor, a deputy, who shall be appointed by said assessor and who shall receive a salary of one thousand five hundred dollars per annum, payable out of the same fund and in the same manner as the salaries of county officers are paid; provided, further, that in counties of this class there shall be and there is hereby allowed the as- sessor, two copyists for a period not exceeding four mouths in any one 3'ear, at a salary of fifty dollars each per month. 8. District attorney. The district attorney, two thousand five hun- dred dollars per annum; he may also appoint an assistant district attor- ney, which office is hereby created, whose salary shall be nine hundred dollars per annum; and in counties of this class he may also appoint a clerk, who shall be a stenographer, which office of clerk to the district attorney is hereby created, whose salary shall be six hundred dollars l)er annum; the salaries of said assistant district attorney and clerk shall be payable as the salaries of other county officers. 9. Coroner. The coroner, such fees as are now or may be hereafter allowed by law. 10. Public administrator. The public administrator, such fees as are now or may be hereafter allowed by law. 11. Superintendent of schools. The superintendent of schools, two thousand 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. Surveyor. The surveyor, one thousand five hundred dollars per annum, for all work performed for the county; provided, that in counties ot this class there shall be and hereby is allowed to the surveyor one assistant to be appointed by the surveyor, whose salary shall be nine hundred dollars per annum, payable at the same time, out of the same fund and in the same manner as the salary of the surveyor is paid; and in addition thereto the surveyor shall be allowed 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. .Tustices of the peace in counties of this class shall receive the following monthly salaries to be paid each month in the same manner, at the same time and out of the same funds as the county officers are paid, which shall be in full for all services rendered by them: In townships having a population of more than five thousand, § 4256 POLITICAL CODE. 460 one liuudred fifty dollars per month; in townships having a population of more than two thousand five hnudred and less than five thousand, seventy-five dollars per month; in townships having a population of more than one thousand and less than two thousand five hundred, thirty-five dollars per month; in townships having a population of more than five hundred and less than one thousand, twenty-five dollars per month; in townships having a population of less than five hnudred, ten dollars per month. The board of supervisors of such counties shall furnish and maintain for the use of justices of the peace in townships having a popu- lation of two thousand five hundred or more, an office suitable for use as a courtroom, equipped with the necessary furniture for the proper and convenient conduct of business therein. The board of supervisors of such counties shall furnish and supply to the justices of the peace of the various townships in such counties the codes of this state and amend- ment thereto, and all necessary stationery, legal blanks and forms for the proper and convenient conduct of business. li. Constables. The 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 criminal matters: In townships having a population of more than five thousand, one huiidred dollars per month; in townships having a population of more than two thousand five hundred and less than five thousand, seventy-five dollars per month; in townships having a popula- tion of more than one thousand and less than two thousand five hundred, thirty-five dollars per month; in townships having a population of more than five hundred and less than one thousand twenty-five dollars per month; in townships having a population of less than five hundred, ten dollars per month; provided, that in addition to the salary herein al- lowed, each constable shall be paid out of the treasury of the county for traveling expenses in his own district, for the service of a warrant of arrest or any other process in a criminal case, or other criminal matters (when such service is in fact made) both going and returning, ten cents per mile; for each mile traveled out of his county, both going to and returning from the place of arrest in the service of process five cents per mile, and for transporting persons to the county jail ten cents p«r mile each way. Tn addition to the monthly salary allowed him herein each constable shall receive for his own use, the fees in civil eases, which are now or may hereafter be allowed by law. 15. Supervisors. Each member of the board of supervisors, eight hun- dred dollars per annum, and his necessary expenses when attending to the business of the county, and ten cents per mile in going from his resi- dence to the county seat in attending upon all meetings of the board of supervisors. For serving as road commissioner tvvo hundred dollars per annum. Each supervisor shall be allowed not to exceed thirty dollars per month as traveling expenses while supervising tlie roads of his dis- trict. l(j. Reporter. In countit's of tliis class the oflicinl ])]ionographic re- porter of tlie superior court shall receive as compensation for his services the foes and comiiensation now or licreafter provided by law, and in addition Ihrrcfo shall receive five dnll;irs per day wlicu not actually en- 4G1 POLITICAL CODE. §§ 4256a, 4257 gaged in reporting in said court, but when in attendance on said court in compliance with and as provided by section two hundred seventy-one of tlie Code of Civil Procedure, the said per diem of five dollars to be paid in the same manner as provided in criminal cases. [Amendment ap- proved May 28, 1917; Stats. 1917, p. 1038.] § 4256a. Fees of jurors, counties of twenty-seventh class. In counties of the twenty-seventh class the fees and mileage of jurors shall be as follows: Grand jurors and trial jurors whenever summoned to attend before the superior court shall be paid three dollars per day for each day's attendance, and mileage, to be computed at the rate of fifteen cents per mile for each mile necessarily traveled in attending said court or in attending sessions of the grand jury, in going 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; provided, however, that such jurors as shall be sworn to try issues in civil cases or special proceedings of a civil nature shall be paid as the court shall order except where otherwise provided by law. [New section adtled May 28, 1917; Stats. 1917, p. 1042.] § 4257. Counties of twenty-eighth class, salaries of officers. In coun- ties of the twenty-eighth class the county and township 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. County clerk. The county clerk, three thousand dollars per annum, and when a new great register of voters is required by law to be made, he shall receive three hundred dollars additional, 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 shall be appointed by said county clerk, who shall be paid a salary of one thousand two hun- dred dollars per annum, said salary to be paid in monthly installments at the same time, in the same manner, and out of the same fund as the county clerk is paid, said deputj' to be in lieu of the deputy now allowed to the county clerk under subdivision nineteen of section four thousand two hundred fifty-seven, of the Political Code of the state of California; provided, further, that it is expressly provided that in counties of this class where the number of judges of the superior court shall have been increased since the first day of January, eighteen hundred ninety-seven, or shall hereafter be increased, there must be and there hereby is allowed to the county clerk one additional deputy to act as courtroom clerk for each judge so appointed or elected, at a salary not exceeding one thou- sancj two hundred dollars per annum for each of said deputies, to be paid at the same time and in the same manner as other county officers are paid. 2. Sheriff. The sheriff, five thousand one hundred dollars per annum, and he is hereby allowed, in addition thereto, one under-sheriff to be appointed by him, who shall receive one thousand two hundred dollars per annum, whose salary shall be paid by the county, in monthly install- ments, at the same time and in the same manner and out of the same fund as the sheriff is paid; provided, however, that said under-sheriff § 4257 POLITICAL CODE. 464 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, one hundred ten dollars per month; in townships of the second class, ninety dollars per month; in townships of the third class, seventy-five dollars per month; in townships of the fourth class, seventy-five dollars per month; in townships of the fifth class, fifteen dollars per month; and in town- ships of the sixth class, fifteen dollars per month. In addition to the monthly salaries herein allowed for services in criminal actions, cases and examinations, each justice of the peace may, for his own use, col- lect the following fees, and no other, in civil actions; provided, that the existing fee bill for the justices of the peace in counties of this class be repealed and the general fee bill of the state of California as pro- vided for justices of the peace in section four thousand three hundred e of the Political Code be substituted therefor. 15. Constables. 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 town- ships of the second class, seventy-five dollars per month; in townships of the third class, seventy-five dollars per month; in townships of the fourth class, seventy-five dollars per month; in townships of the fifth class, fifteen dollars per month; and in townships of the sixth class, fifteen dollars per month. In addition to the monthly salaries herein allowed for services in criminal actions, cases and proceedings, 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 trans- portation of prisoners from prison to court, and the return of said prisoner to prison; and shall be allowed, also, for each mile actually traveled, both in going and coming in the service of subpoenas, in crim- inal actions, per mile, ten cents; which said expense 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 crim- inal actions and cases, each constable may, for liis own use, collect the following fees, and no others, in civil actions: For serving summons and complaint, for each ilefondant served, fifty cents. For each cojjy of suiniiions for service, wiioii actually made by him, twenty-five cents. For levying writ of attachment or execution, or executing order of arrest, or for delivery of personal property, one dollar. For serving writ of attachment or execution on any ship, boat or ves- sel, three dollars. For keeping personal j)roperty, such sum as tlie court may order; but no more than one dollar and fifty cents jier day shall be allowed for a Uooi)cr when necessarily PTii|ilnyoil. For taking bond or inuh'rtnking, fifty cents. 465 POLITICAL C0DI5. § 4257 For copies of writs 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 ami fifty cents. For each mile actually traveled within his township in the service of any writ, order, or paper, in civil actions, in going only, per mile, twenty- five cents. For traveling outside of his township to serve such writ, order, or paper, in civil actions, in going only, twenty-five cents per mile; pro- vided, that a constable shall not be required to travel outside of his township to serve any civil process, order, or paper. No constructive mileage shall be charged, allowed, or paid in criminal or civil cases. For each day's attendance in court, in civil cases, three dollars per day. For executing a search warrant, two dollars; and for each mile neces- sarily traveled within his own county in executing a search warrant, both in going and returning from the 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. 16. When new township formed. Payment of fees. It is expressly pro- vided that in counties of this class, where a township has been created, or may hereafter be created out of any township, the population of which is shown in the federal census of nineteen hundred ten, the population of the newly created township and the population of the township from which the newly created township was taken shall be separately ascertained and determined by the board of supervisors in the following manner: By appointing a suitable person in each of such townships to take said census, and said census shall be taken by said person so appointed of all the inhabitants of each of said townships; the full name of each person shall be fully written, the names alphabetically and regularly numbered in one complete series, and when completed shall be verified before any officer authorized to administer oaths, and be filed with the county clerk, and thereupon the same shall be the official census of said town- ship or townships. The expense of taking said census shall be a county charge. From the taking of such census the salary of the justices of the peace and of the constables of the newly created township, and the township irom which the newly created township was taken, shall 30 § 4257 POLITICAL CODE. 464 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, one hundred ten dollars per month; in townships of the second class, ninety dollars per month; in townships of the third class, seventy-five dollars per month; in townships of the fourth class, seventy-five dollars per month; in townships of the fifth class, fifteen dollars per month; and in town- ships of the sixth class, fifteen dollars per month. In addition to the monthly salaries herein allowed for services in criminal actions, cases and examinations, each justice of the peace may, for his own use, col- lect the following fees, and no other, in civil actions; provided, that the existing fee bill for the justices of the peace in counties of this class be repealed and the general fee bill of the state of California as pro- vided for justices of the peace in section four thousand three hundred e of the Political Code be substituted therefor. 15. Constables. 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 town- ships of the second class, seventy-five dollars per month; in townships of the third class, seventy-five dollars per month; in townships of the fourth class, seventy-five dollars per month; in townships of the fifth class, fifteen dollars per month; and in townships of the sixth class, fifteen dollars per month. In addition to the monthly salaries herein allowed for services in criminal actions, cases and proceedings, 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 trans- portation of prisoners from prison to court, and the return of said prisoner to prison; and shall be allowed, also, for each mile actually traveled, both in going and coming in the service of subpoenas, in crim- inal actions, per mile, ten cents; which said expense 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 treasur3^ In addition to the monthly salaries herein allowed for services in crim- inal 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 ilefeiidaiit served, fifty ci'Ilts. i'or cacli coijy of suiruufins for scm\ ic(>, wiioii :ictnii]ly made by him, tuenty-five cents. For levying writ oJ' altacluiKMit or execution, or oxecntiiig order of .irrest, or for delivery of [er annum; [uovided, that in counties of this class, there shall be and there hereby is allowed to the tax collector a deputy to be appointed by the tax collector, who shall receive a salary of seventy-five dollars per month, which salary 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 salaries of other county officers are paid. 6. Assessor. The assessor, three thousand six hundred dollars per annum; and said assessor may appoint one chief deputy, who shall receive a salary of one thousand two hundred dollars per annum, which salary shall be paid by the county in equal monthly installments; also, he may appoint other field deputies whose compensation in the aggregate .shall not exceed two thousand dollars in any one year, payable to them in installments, at such time and in such amounts as may be designated by the assessor; provided, that the assessor shall file with the county auditor a verified statement showing in detail the amounts and the per- sons to whom said compensation is paid. All of the salaries of the above deputies shall be paid in the same manner :nid nut of the same fund as the salaries of other coniity officials ;ir,' jiaid. All coinmissions or fees now or hereafter allowcil by law shall be i>aid into the county treasury and no compensation sliaH he allowed the assessor for prepar- ing l.lie military roll of a f-ounty of this class. The office of the county 471 POLITICAL CODE. § 4259 assessor shall be kept open ou each and every day, except Sundays and legal holidays, from nine o'clock A. M. to twelve o'clock M., and from one o'clock P. M. to five o'clock P. M. The changes provided in this section do not atfect an increase in the compensation of a county officer and shall apply immediately to incumbents. 7. Treasurer. The county treasurer, two thousand one hundred dollars per annum; provided, that all commissions received by the treasurer on the collection of inheritance taxes shall be paid into the county treas- ury; provided, further, that in counties of this class the county treasurer may appoint a deputy or deputies whose compensation in the aggregate shall not exceed three hundred dollars in any one year, payable to them in installments at such times and in such amounts as may be decided by the county treasurer; provided, that said treasurer shall file with the county auditor a verified statement showing in detail the amounts and the persons to whom said compensation is paid. All of the salaries of such deputies shall be paid in the same manner and out of the same fund as the salaries of other count}' officials are paid. 8. District attorney. The district attorney, two thousand five hun- dred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the district attorney a deputy, who shall be appointed by the district attorney of said county, and w^ose salary is hereby fixed at the sum of one thousand two hundred dollars per annum, which 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 the district attorney. 9. Coroner. The coroner, such fees as are now or may hereafter be allowed by law. 10. Public administrator. Public administrator, such fees as are now or may hereafter be allowed by law. 11. Superintendent of schools. The superintendent of schools, two thousand one hundred dollars per annum. His office shall be kept open on all business days from nine A. M. to twelve M., and from one P. M. to five P. M. He shall be allowed his actual traveling expenses, when visiting the schools of this county and such per diem as is now or may hereafter be allowed by law for services as a member of the county board of education; provided, that in counties of this class there shall be and there hereby is allowed to the superintendent of schools a deputy, to be appointed by the superintendent of schools, who shall receive from the county a salary of one thousand dollars per annum, which'' salary shall be paid by the county in equal monthly installments, and which said salary shall be paid at the same time and in the same manner and out of the same funds as is the salary of the superintendent of schools. 12. Surveyor. The county surveyor, two thousand five hundred dol- lars per annum; provided, that if the county surveyor shall be ap- pointed superintendent of the permanent highways in the county constructed under bond issue, under any statute of this state providing for the appointment of sn>h superintendent, then and in that event said § 4259 POLITICAL CODE. 472 county surveyor shall receive a salary of four thousand dollars per annum; and said surveyor may appoint one chief deputy surveyor who shall receive a salary of one thousand five hundred dollars per annum: also, one deputy who shall receive a salary of one thousand two hun- dred dollars per annum; such compensation and salary as above set forth shall be paid in full for all services rendered by such county surveyor; provided, that said county surveyor shall be allowed all neces- sary transportation and expenses incurred by himself or deputies for work performed in the field, and in the official discharge of his duties; such salary to be paid at the same time, in the same manner and out of the same fund as salaries of other county officials are paid. 13. Board of education. In counties of this class, each member of the county board of education shall receive five dollars for each day the board of education is in session, not to exceed a total of three hun- dred fifty dollars per annum. In addition each member shall receive the same mileage as is allowed the members of the board of super- visors of said county. Compensation of the members of the county board of' education shall be payable out of the same funds and in the same manner as is the salary of the county superintendent of schools. 14. Justices of the peace. Justices of the peace shall receive the fol- lowing monthly salaries, to be paid each month as salaries of other county officers are paid, which shall be in full for all services rend<^ed in both civil and criminal cases: In townships where the population is four thousand or more, one hundred fifty dollars per month, and said justice of the peace shall be furnished with offices and necessary sup- plies by the board of supervisors of said countj^; in townships where the population is two thousand and less than four thousand, eighty dollars per month; in townships where the population is one thousand and less than two thousand, forty dollars per month; in townships where the population is less than one thousand, twenty dollars per month; pro- vided, that the 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 same; provided, further, that no justice of the peace shall hold the office of city recorder. 15. Constables. Constables shall receive the following monthly sal- aries to be paid each month as salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships where the population is four thousand or more, eighty dollars per month; in townships where the population is two thousand and less than four thousand, seventy dollars per month; in townships where the population is one thousand and less than two thou- sand, fifty dollars per month; in townships where the population is less than one thousand, twenty-five dollars per month. In addition to the monthly salary herein allowed, each constable may retain for his own use such fees as are now or may hereafter be allowed by law for all ficrvices rendered by him in civil actions, and shall also be allowed all necessary expenses actually incurred in arresting or conveying pris- oners to court or to prison, which said expenses shall be audited and ;,||ovvcd by the l)0!ird of supervisors and paid out of the county treasury. 473 POLITICAL CODE. § 4260 16. Population of townships. For the purposes of subdivisions four- teen and fifteen of this section, the population of the several judicial townships shall be ascertained by the board of supervisors by multiply- ing by three the vote for governor of the state of California east in each township at the next preceding election. 17. Supervisors. Each member of the board of supervisors, one thou- sand two hundred dollars per annum, and their necessary expenses when attending to the business of the county, other than the meetings of the board at the county seat, and twenty cents per mile in traveling from liis residence to the county seat; provided, that not more than one mileage for any one regular session of the board shall be allowed, and not more than one mileage for any special session of the board shall be allowed. 18. Salaries payable monthly. The salaries of all county and town- ship officers and their deputies shall be payable in monthly installments on the first day of each month. 19. Grand jurors. For acting as a grand juror in the superior court, for each day's attendance per day, three dollars. For every mile actually traveled in attending court as a grand juror, in going only, twenty-five cents per mile. [Amendment approved April 16, 1917; Stats. 1917, p. 126.] § 4260. Counties of thirty-first class, salaries of officers. In counties of the thirty-first class the county and township officers shall receive, as compensation for the services required of them by law and by virtue of their offices, the following salaries and fees, to wit: 1. County clerk. The county clerk, three thousand two hundred fifty dollars per annum; and also such compensation as is now or may here- after be allowed by law; and in each year in which a new and complete registration of voters is required by law he shall receive such an amount as shall be necessary to pay deputy registration clerks for taking affi- davits of registration outside of the office at "the rate of ten cents each, and such an amount as shall be necessary to pay deputies in the office for enrolling the registrations upon the great register at the rate" of four cents each, the claims for which shall be presented and allowed by the board of supervisors as other claims are presented and allowed; he may also appoint a deputy clerk, which office of deputy clerk is liereby created, whose salary shall be nine hundred dollars per annum, payable as the salaries of county officers are paid. 2. Sheriff. The sheriff, six thousand dollars per annum. 3. Recorder. The recorder, two thousand two hundred fifty 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 two hundred dollars in any one month, the said recorder may receive and retaii\ for his own use, in addi- tion to his salary, one-half of all fees in excess of two hundred dollars in one month so collected; and provided, that in counties of this class § 4260 POLITICAL CODE. 474 the recorder may appoint two copyists for service iu his office, which office of copyists for the county recorder is hereby created, and said ccpjdsts shall receive as compensation for their services the sum of ■ five hundred forty dollars each per annum, to be paid out of the county treasury iu equal monthly installments, at the same time and in the same manner and out of the same fund as the salary of the recorder is paid. i. Auditor. The auditor, two thousand dollars per annum; he may also aiJ^ioint a deputy auditor, which office of deputy auditor is hereby created, whose salary shall be seventy-five dollars i^er month, payable as the salaries of all other county officers are paid. The provisions of this subsection do not increase the compensation of a county officer and shall take effect immediately. 5. Treasurer. The treasurer, two thousand dollars per annum. 6. Tax collector. The tax collector, one thousand dollars per annum; provided, that said tax collector shall perform the duties and receive and retain for his own use, the fees provided by law for the license tax col- lector. 7. Assessor. The assessor, four thousand two hundred fifty dollars per annum; provided, that in counties of this class the assessor may appoint a field deputy, which office of field deputy is hereby created, who shall hold office from the first day of March of each year up to and including the last day of July of each year. The salary of said field deputy herein provided for is fixed at the sum of one hundred fifty dol- lars per month, to include expenses for each month during which the said field deputy holds office, as herein provided. The salary of said field deputy shall be paid at the same time, in the same manner and out of the same fund as the salaries of other county officers are paid. 8. District attorney. The district attorney, two thousand four hun- dred dollars per annum; lie may also appoint a deputy, which office of deputy district attorney is hereby created, whose salary shall be one thousand dollars per annum, payable as the salaries of other county offi- cers are paid. 9. Coroner. The coroner, sucli fees as are now or may hereafter be allowed liy l;iw. 1(1. Public administrator. The pnlilic administrator, such fees as are now or may liereafter be allovvcil liy law. 11. Superintendent of schools. The superintendent of schools, one thoiisan.l cigiit liundred dollars per annum, including services on the board of education, lie shall be allowed his actual traveling expenses not to exceed three hundred dollars per annum; he shall also be allowed one deputy whose salary shall be fifty dollars per month, payable the same as the salary of county officers; provided, that he shall keep his office „peii from n"iiie o'clock \. M. to five o'clock P. M. of each business day. 12. Surveyor. The surveyor shall receive a per diem of ten dollars for all work performed for the counly, in addition thereto all necessary .xi.enseH and transportation on work performed in the field. i:;. Population of townships. Justices of the peace. For the luirposc of fixing the coinpriisarion of .jiislici's of the peace according to their 475 POLITICAL CODE. § 4260 duties, townships of this class of counties are hereby classified according to population. The population shall be determined by the board of supervisors upon the enactment of, this act, and also at the time of the formation of any new township of townships. The board may determine such population by multiplyiug by three the number of registered voters at the last general election next preceding the date of such determina- tion. Townships having a population of five thousand eight hundred or more shall belong to and be known as townships of the first class; townships having a population of four thousand and less than five thousand eight hundred shall belong to and be known as townships of the second class; townships having a population of three thousand and less than four thou- sand shall belong to and be known as townships of the third class; town- ships having a population of two thousand two hundred and less than three thousand shall belong to and be known as townships of the fourth class; townships having a population of one thousand seven hundred and' less than two thousand two hundred shall belong to and be know^n as a township of the fifth class; towniships having a population of one thou- sand two hundred and less than one thousand seven hundred shall belong to and be known as townships of the sixth class; townships having a population of six hundred and less than one thousand two hundred shall Ijelong to and be known as townships of the seventh class; townships having a population of three hundred and less than six hundred shall belong to and be known as townships of the eighth class; townships hav- ing a population of less than three hundred shall belong to and be known as townships of the ninth class. Justices of the peace shall receive the following salaries: In townships of the first class, the sum of nine hundred dollars for the period begin- ning with the date upon which this act becomes effective and ending Decemt)er 31, 1915, and thereafter a salary of nine hundred dollars per annum; in townships of the second class, the sum of seven hundred eighty dollars for the period beginning with the date upon which this act becomes effective and ending December 31, 1915, and thereafter a sal- ary of seven hundred eighty dollars per annum; in townships of the third class, the sum of six hundred sixty dollars for the period beginning with the date upon which this act becomes eft'ective and ending December 31, 1915, and thereafter a salary of six hundred sixty dollars per annum; in townships of the fourth class, the sum of six hundred dollars for the period beginning with the date upon which this act becomes effective and ending December 31, 1915, and thereafter a salary of six hundred dollars per annum; in townships of the fifth class, the sum of three hun- dred twenty dollars for the period beginning with the date upon which this act becomes effective and ending December 31, 1915, and thereafter a salary of three hundred twenty dollars per annum; in townships of the sixth class, the sum of two hundred forty dollars for the period begin- ning with the date upon which this act becomes effective and ending December 31, 1915, and thereafter a salary of two hundred forty dollars per annum; in townships of the seventh class, the sum of one hundred eighty dollars for the period beginning with the date upon which this act becomes effective and ending with December 31, 1915, and thereafter a salary of one hundred eighty dollars per annum; in townships of the eighth class, the sum of one hundred twenty dollars for the period he- § 4260 POLITICAL CODE. 476 ginning with the date upon which this act becomes effective and ending December 31, 1915, and thereafter a salary of one hundred twenty dol- lars per annum; in townships of the ninth class, the sum of sixty dollars for the period beginning with the date upon which this act becomes effective and ending December 31, 1915, and thereafter a salary of sixty dollars per annum. Such salaries shall be paid in the same manner and out of the same fund as the salaries of county officers are paid and shall be compensation ill full for all services rendered. All fees received by justices of the peace shall be paid into the county treasury every month. 14. Constables. The constable shall receive the following fees, to wit: For serving summons and complaint, for each defendant served one dol- lar; for each copy of summons tor 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 proj^erty, such sum as the court may order, but no more than two dollars per day shall be allowed for a keeper w^hen necessarily employed; for taking bond or undertaking, tifty 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, complaint or subpoenas, for each person served, fifty •cents; for writing and posting each notice of sale of property, twenty- five cents; for serving subpoenas, each witness, including copy, twenty- five cents; for collecting money on execution, two and one-half per cent, to be charged against the defendant named in the execution; for execut- ing and delivering a certificate of sale, one dollar; for executing and de- livering constable's deeds, two dollars; for every mile necessarily trav- eled in his township, in going only, to serve any civil or criminal process or paper, or to take a prisoner before a magistrate or to a 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 distant if they live in the same direction; for each mile traveled outside his county in making criminal arrests, both going and returning from the 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 prisoners; provided, that if two or more prisoners are transported at the same time, no more than one mileage shall 1)0 allowed; for making each arrest in criminal cases, one dollar and fifty cents; for sales of estrays, the same fees as for sales on (sxecution; for summoning a jury, two dollars, including mileage; for ;ill 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 cliiss in any one month for fees and mileage in criniiiiii! matters. 15 Supervisors. Eacli su].crvisor, six luindred dollars per annum, and twp'nly cents per mile for traveling from his residence to and from the conntv seat; ],rovided. such mileage shall not ho allowed more than once 477 POLITICAL CODE. • § 4261 a month; and for his services as road eomniissioner he shall receive twenty cents a 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. The road commissioners shall be reimbursed for all travel- ing, personal and other necessary expenses while actually engaged in the performance of their duties upon the road; provided, that the full amount of expenses incurred shall not exceed six hundred dollars in any one year, to be allowed as any other claim by the board of supervisors. 16. Probation officer. The probation officer, one thousand two hundred dollars jier annum; provided, further, that said probation officer shall devote his entire time to the performance of the duties of said office. 17. Jurors. 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 resi- dence to 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 May 28, 1917; Stats. 1917, p. 1160.] I § 4261. Counties of thirty-second class, salaries of officers. In coun- ties of the thirty-second class, the cuunty officers shall receive as com- 23ensation for their services required of them by law, or by virtue of their office, the following salary, or fees, to wit: 1. County clerk. The county clerk, two thousand five hundred dollars per annum, and one deputy at a salary of one thousand two hundred dollars per annum, and one deputy at a salary of one thousand dollars per annum. The salary of said deputies to be payable monthly in the same manner as the salaries of the other county officers are paid; pro- vided, further, however, that in each year in which a new and complete registration of voters is required by law the county clerk may appoint an additional deputy or deputies whose compensation in the aggregate shall not exceed four hundred dollars in any one year; and provided, furthef, that the county clerk shall file with the county auditor a certi- fied statement showing in detail the amount and persons to whom said compensation is paid. Such salaries of such deputies shall be paid out of the same fund as the salaries of other county officers are paid. 2. Sheriff. The sheriff, three thousand dollars per annum and one jailer at a salary of one hundred dollars per month, and one bailiff at a salary of one hundred dollars per month, one deputy at a salary of one hundred dollars per month, which office is hereby created, the salary of said jailer, bailiff and deputy payable monthly in the same manner as the salaries of the other county officers are paid. ;?. Eecorder. The recorder, two thousand dollars per annum, and one copyist at a salary of nine hundred dollars per annum, which office of copyist is hereby created, and one copyist at a salary of nine hundred dollars per annum, which office of copyist is hereby created, the salary of said copyists payable monthly in the same manner as the salaries of other countj' officers are paid. 4. Auditor. The auditor, two thousand dollars per annum and one deputy during the months of .Tuly, August, September, October, Novem- § 4261 POLITICAL CODE. 478 ber, and December of each year, at a salary of one hundred dollars per month, which office of deputy auditor is hereby created, the salary of said deputy payable monthly in the same manner as the salaries of other county officers are paid. 5. Treasurer. The treasurer, two thousand dollars per annum. 6. Tax collector. The tax collectoi", two thousand five hundred dollars per annum, and one deputy at a salary of seventy-five dollars per month, which office of deputy tax collector is hereby created, the salary of said deputy paj^able monthly in the same manner as the salaries of other county officers are paid. 7. Assessor. The assessor, four thousand five hundred dollars per annum; one chief deputy, which office of chief deputy assessor, is hereby created, at a salary of one thousand two hundred dollars per annum, payable monthly in the same manner as the salaries of other county officers are paid; one copyist for a period of four months in each year, which office of copyist is hereby created, at a salary of seventy-five dol- lars per month, payable during the months of March, April, May and June of each year, in the same manner as the salaries of other county officers are paid. The assessor may also appoint such number of addi- tional deputies as he shall deem necessary, the salaries of such additional deputies to be paid by the assessor out of his salary above provided for. All sums collected by the assessor or his deputies as fees or commissions allowed by law for the collection of personal property taxes, for making the military roll and for commissions now or hereafter allowed by law for the collection of poll taxes, shall be paid into the county treasury, for the use of said county, monthly as collected, with a statement of account of such collection. S. District attorney. The district attorney, two thousand dollars per annum. 9. Coroner. The coroner, such fees as are now, or may be hereafter provided by law. 10. Public administrator. The public administrator, such fees as are now, or may be luTonfter provided by law. 11. Superintendent of schools. Tlic superintendent of schools, one thousand oiglit liundred dollars jier annum, and one clerk, which office of clerk to tlie superintendent of schools is hereby created, at a salary of nine hundred dollars per annum, payable monthly in the same manner as the salaries of other county officers are paid. 12. Surveyor. The surveyor, such fees as are now, or may be hereafter provided by law. 1?.. Supervisors. Supervisors, each the sum of eight hundred dollars per aniiuiii in full for all services performed by them as supervisors, and as members of the board of equalization, and road commissioners, and in any and every capacity. 14. Justices of the peace. Constables. Justices of the peace shall re- ceive (lie folldwiiiu nu)ntlily salaries, to be paid each month in the same maniici and out ni' the same fund as county officers are paid, which shall he in lull lor all services rendered by them. In townships having a 479 POLITICAL CODE. §§ 4261a, 4262 population of mure than six thousand, one liumlrcd dollars per month; in townsliips having a population of less than six thousand and more than three thousand, seventy-five dollars per month; in townships having a population of less than tliree thousand and more than seven hundred fifty, forty-five dollars per month; in townships having a population of less than seven hundred fifty, ten dollars per month. It is hereby found as a fact that the salaries provided for this subdivision do not work an increase in compensation, and the same shall apply immediately to in- cumbents. Constables shall receive the following monthly salaries, to be paid each month in the same manner and out of the same fund as county offi- cers are paid, which shall be in full for all services rendered by them in criminal cases. In townships having a population of more than six thousand, one hundred dollars per month; in townships having a popula- tion of less than six thousand and over tliree thousand, seventy-five dol- lars per month; in townshijis having a population of less than three thousand and over seven hundred fifty, fifty dollars per month; in town- ships having a population of less than seven hundred fiftj^, ten dollars per month. The constables may retain for their own use all other fees, except those in criminal cases, as are now or may hereafter be provided by law. [Amendment approved May 2S, 1917; Stats. 1917, p. 1152.] § 4261a. Fees of jurors, counties of thirty-second class. In counties of the thirty-second class, grand jurors, and trial 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 act- ing as such juror, ten cents, and the judge of said court shall make an order directing the auditor to draw his warrant on the treasury in favor of such juror for said per diem and mileage, and the treasurer shall pay the same. [New section added May 28, 1917; Stats. 1917, p. 1166.] § 4262. Counties of thirty-third class, salaries of officers. In counties of the thirty-third class, the county officers shall receive as compensation for the services required of them, by law, or by virtue of their office, the following salaries, to w-it: 1. County clerk. The county clerk, two thousand four hundred dollars per annum; and in any year when a new and complete or supplemental registration of voters is required by law to be made, he shall receive the sum of twelve cents for each elector registered, which shall be allowed by the board of supervisors at the close of registration preceding a gen- eral election, and paid from the general fund of the county. The county clerk shall be allowed one deputy at a salary of one thousand two hun- dred dollars per annum, and one deputy at a salary of nine hundred dol- lars per annum. The county clerk shall also be allowed two copyists dur- ing the month of October in each even numbered year and prior to the holding of the November general election, said copyists to receive a salary of fifty dollars each for said, month; said deputies and copyists to be appointed by the county clerk. 2. Sheriff. The sheriff, five thousand dollars per annum, and necessary expenses for pursuing criminals or transacting any criminal business. The sheriff shall be allowed one. deputy, who shall be the jailer, at a § 4262 POLiTiCAi. CODE. 480 salary of one thousand two hundred dollars per annum; said deputy to be appointed by the sheriff; and sueh additional deputies as may be required to enforce the provisions of the motor vehicle law, said deputies to be appointed by the sheriff and to receive such compensation, to be paid out of the general fund of the county, as the board of supervisors may fix. 3. Recorder. The recorder, two tliousand four hundred dollars per annum. The recorder shall be allowed four copyists, each of whom shall receive a salary of nine hundred dollars per annum; said copyists to be appointed by the recorder. 4. Auditor. The auditor, two thousand four hundred dollars per annum. The auditor shall be allowed one deputy at a salary of nine hundred dollars per annum; said deputy to be appointed by the auditor. y. Treasurer. Tlie treasurer, two thousand four hundred dollars per annum. 6. Tax collector. The tax collector, two thousand dollars per annum. The tax collector shall be allow^ed one deputy at a salary of one thousand tw^o hundred dollars per annum; said deputy to be appointed by the tax collector; and provided, further, that the said tax collector shall be allowed one deputy w^ho shall hold office during the months of September, October, November and December at a salary of seventy-five dollars per month; said dejjuty to be appointed by the tax 'collector. 7. Assessor. The assessor, three thousand six hundred dollars per annum. The assessor shall be allowed one chief deputy at a salary of one thou- sand eight hundred dollars per annum; one deputy at a salary of one thousand three hundred twenty dollars per annum; one deputy for a term of eight months each year at a salary of seventy-five dollars per month; two deputies for a period of three months each year at salaries of one hundred twenty-five dollars per month each; eight deputies for a period of two months each year at salaries of one hundred twenty-five dollars per month each; two deputies for a period of one month each year at salaries of one hundred twenty-five dollars per month each. The said deputies shall be appointed by the assessor at sueh time or times as said assessor shall see fit. 8. District attorney. The district attorney, two thousand four hundred dollars per annum. The district attorney shall be allowed one stenog- rapher at a salary of nine hundred dollars per annum; said stenographer to be appointed by the district attorney. i). Coroner. The coroner, such fees as are now or mny hereafter be allowed by law. 10. Public administrator. The public administrator, such fees as are now or may hereafter be allowed by law. 11. Superintendent of schools. The superintendent of schools, two fhoiisaiiil iloiliMH per ainuim; and shall also be allowed the compensation allowed by law for services on the board of education, and actual travel- ing expenses when visiting schools in his (or her) county. The superin- tendent of schools .shall l)e all()w(>il one deputy at a salary of one thou- 481 POLITICAL CODE. § 4262 sand two hiiiulred dollars per aiiiiuni; said dejiufv to be a[)[)()inte(l by the superintendent of schools. ll^. Surveyor. The surveyor, such tees as are now or may hereafter be allowed by law; provided, the surveyor shall annually revise the plats in the office of the assessor, for which he shall receive a sum not to ex- ceed four hundred dollars in any one year. 13. Population of townships. For tlu> purfiose of regulating the com- pensation of justices of the peace and constables, townships in counties of the thirty-third class are hereby classified according to population to be determined by the board of supervisors at the time of the formation of any new judicial township or townships in the manner prescribed by section four thousand fifty-five of the Political Code. Townships having a population of five thousand or more shall belong to and be known as townships of the first class. Townsliips having a population of less than five thousand and more than three thousand five hundred shall belong to and be known as townships of the second class. Townships having a population of less than three thousand five hundred shall belong to and be known as townships of the third class. .Tustices of the peace shall receive the following salaries for all services rendered by them: In town- ships of the fisst class, one hundred dollars per month; in townships of the second class, fifty dollars per month; in townships of the third class, thirty-five dollars per month. The amendments provided for in tlie sultdivision shall not take effect until the expiration of the terms of olfice of the present incumbents. 14. Constables. Constables in counties of this class shall receive the following salaries for all services rendered by them in criminal cases: In townships of the first class, one hundred dollars per month; in townships of the second class, fifty dollars per month; in townships of the third class, thirty-five dollars per month. Constables shall also receive for their own use and benefit, such fees as are now or may hereafter be allowed by law in civil cases. They shall also bo allowed their actual expenses in conveying prisoners from place of arrest to court, and, in case of conviction, from the court to the county jail. The amendments provided for in this subdivision shall not take effect until the expiration of the terms of office of the present incumbents. 15. Supervisors. Supervisors, each, the sum of one thousand two hun- dred dollars per annum for all services performed by them as supervisors and as members of the board of equalization. Each' supervisor shall re- ceive mileage at the rate of ten cents per mile for each mile traveled in going to and from the meeting of the board. They shall act as road commissioners in their respective districts and shall receive for their services as such road commissioner mileage at the rate of twenty-five cents per mile for all distances actually traveled by them in the dis- charge of their duties as such road commissioner; provided, that such mileage as road commissioner shall not in any one year exceed the sum of six hundred dollars for any one of the road commissioners. It is intended that the same shall apply immediately to the present incumbents. 31 § 4263 POLITICAL CODE. 482 16. Reporter. The official reporter of the superior court, such fees as are now or may hereafter be allowed by law. 17. Juror fees. .Turor fees shall be as follows: For attending as a grand juror, or a trial juror in the superior court, for each day's attend- ance, three dollars per day; for each mile he travels in attending court as such juror, fifteen cents per mile in going only. 18. Public defender. If at any time there shall be created and estab- lished in this state a county office designated the office of county public defender, then, and in that case, the salary to be allowed such officer in counties of this class shall be one thousand two hundred dollars per annum. 19. Idem. The 2>rovisions of subilivision eighteen of this section shall have no force or effect unless the office therein anticipated is created by constitutional or legislative enactment. 20. Monthly salaries. The salaries of all county and township officers and their deputies sliall be payable in equal monthly installments from the salary fund of the county on the first day of each month. [Amend- ment approved May 28, 1917; Stats. 1917, p. 989.] § J:263. Counties of thirty-fourth class, salaries of officers. In counties of the thirty-fourth class the county officers shall receive, as compensa- tion for tiie services required of them by law, or by virtue of their offices, the following salaries, to wit: 1. County clerk. The county clerk, three thousand dollars per annum, and when a great register of voters is required by law to be made, he shall receive six hundred fifty dollars additional, which shall be in full for all services rendered in registering voters and making the great register; provided, that in any year when a primary election is held, he shall receive the sum of five hundred dollars additional, which shall be in full for all services rendered at said primary election. 2. Sheriti. The sheriff, six thousand dollars per annum. The sheriff shall also receive for his own use, for serving all papers issued from jus- tices' courts, the same fees as are now or may be hereafter allowed by law to constables for like services. 3. Eecorder. Tlie recorder, tliree tliousand two hundred dollars per annum. 4. Auditor. Tlie auditor, eight huudrcil iloHars jier annum. 0. Treasurer. The treasurer, two thousand five hundred dollars per annum. <]. Tax collector. The tax collector, six hundred fifty dollars per annum. 7. Assessor. The assessor, five thousand five hundred dollars per aniiiiiii. 5. District attorney. The district attorney, two thousand five hundred dollars per aiiiiinii; and the district attorney may appoint one deputy, at a'salarv nf six liniMlrcil (lidlais per ;iiiiiinn. The dei>uty district attor- nr-y sliall hold oHicc at tlie picasiirr of tlif district attorney. The salary 483 POLITICAL CODE. § 4263 of siuh (leimty sliall be paid monthly and in the same manner as salaries of ("ounty ofiieers are now [.aid. n. Coroner. The coroner, such fees as are or may he hereafter allowed by law. II). Public administrator. Tlie imblic administralor, four hundred dol- lars jier annum. 11. Superintendent of schools. The suijerintendent of scdiools, two tiiousand dollars |ier annum; and he shall receive and letain for his own use the sum of five dollars per diem for each and every day he attends the meetings of the county board of education, and shall also be allowed his actual ami necessary traveling expenses in visiting the schools of the county. 1-. Surveyor. Tlie surveyor, such fees as are now or may be hereafter allowed b^' law. 13. Supervisors. Each member of the board of supervisors shall re- ceive for his services the sum of nine hundred dollars per annum, and the actual expenses incurred in attendance and for traveling to and from his residence to the county seat at any regular or special session of the board, and that one-twelfth of the annual salary shall be paid at the close of each monthly session of the board; and provided, further, they shall be reimbursed for necessary expenses actually incurred by attend- ing any special session of the board. The road commissioner shall be reimbursed for all traveling, personal and other necessary expenses in- curred while actually engaged in the performance of his duty upon the roads; such allowance not to exceed the sum of five dollars for each day so actually engaged, and the total amount of such allowance not to ex- ceed the sum of three hundred dollars per annum. 14. Justices of the peace. From and after January 4, 1919, justices of the peace of townships containing three thousand inhabitants of more shall be allowed a salary of one thousand two hundred dollars per annum. Justices of the peace in townships containing one thousand and not more than three thousand inhabitants shall be allowed a salary of six hundred dollars per annum, and justices of the peace in townships con- taining not to exceed one thousand inhabitants shall be allowed a salary of sixty 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- provided, further, that justices of the peace shall, before receiving their monthly salary file with the auditor a statement of all fees and fines received, together w^ith the treasurer's receipt for the same. All fees and fines collected by justices of the peace shall be turned over to the county treasurer of said county; 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. 15. Constables. 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 hundreov inoiilli. '). Treasurer. Treasurer, two t IkjiisiuhI foni' hiimlrcil dollars per annum. fi. Tax collector. Tax collector, two thousninl tour hundred dollars per arinuiii; one chief dejiuty t'oi' ten niontlis ot' e;ic1i year who shall rcjceive a salai'\' of one Imndr-ed twenty-five (hdjiirs pei' niontli and tliriM^ deputies for fo\ir niontlis of e.-icli year wlio sliall recei\i' salai'ies of ninot.v dolljirs per niontli eacii. 7. Assessor. AsK('asf)r, two lliousand four hundied dollars per annum; one chief depiilv for ten niontlis in each year who shall receive a salary 487 POLITICAL CODE. § 4265 of oue liuuilroil fifty dollars per month; one steiiogiapher and roll writer for eight mouths in each year who shall receive a salary of one hundred twelve and fifty hundredths dollars per month; one deputy for writing plat-books four months in each year, who shall receive a salary of one hundred twenty-five dollars per month; three deputies for four months in each year who shall receive a salary of one hundred dollars per month; five field deputies for three months in each year, who shall receive a salary of one hundred fifty dollars each, per month; and one field deputy for three months in each year who shall receive a salary of one hundred seventy-five dollars per month; and two field deputies for three months in each year, who shall each receive a salary of one hundred twenty- five dollars per month; all of said field deputies shall pay their own expenses. It is hereby provided that in counties of this class the asses- sor shall receive no fees or compensation for his collection of taxes on personal property or possessory interests. 8. District attorney. District attorney, three thousand dollars per annum; one deputy who shall receive a salary of one thousand eight hundred dollars per annum; one stenographer who shall receive a salary of one thousand two hundred dollars per annum. It shall be the duty of this stenographer to report and transcribe, without any additional charge, all preliminary hearings required of him by the district attorney. 9. Coroner. Coroner, such fees as are now, or may be hereafter, allowed by law. 10. Public administrator. Public administrator, such fees as are now, or may be hereafter allowed by law. 11. Superintendent of schools. Superintendent of schools, two thou- sand four hundred dollars per annum; and one deputy who shall receive a salary of one thousand two hundred dollars per annum; provided, that in counties of this class the superintendent of schools shall receive no compensation for services as a member of the county board of education or as ex-officio secretary thereof. 12. Surveyor. Surveyor, one thousand five hundred dollars per annum; which shall be in full for all services required of him by the superior court or board of supervisors, or assessor. It shall be his duty on demand of the assessor, to prepare any and all maps, plats or block-books for the use of the county assessor. 13. Justices of the peace. Justices of the peace shall receive the fol- lowing monthly salaries to be paid each month 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 townships having a population of more than five thousand, one hundred dollars per month; in townships having a population of less than five thousand and more than two thou- sand, seventy-five dollars per month: in townships having a population of less than two thousand, twenty dollars per month. It is hereby found as a fact that the salaries provided for in this subdivision do not work an increase in compensation, and the same shall apply immediately to incumbents. 14. Constables. Constables shall receive the following monthly sal- aries to bo paid each month in the same manner and out of the same § 4266 POLITICAL CODE. 488 funil as county officers are paid, which shall be in full for all services rendered by them: in townships having a population of more than two thousand, seventy-five dollars per month; in townships having a popula- tion of less than two thousand, twenty dollars per month. Constables shall cooperate at all times with the sheriff, and shall perform any and all duties that he may require of them. It is hereby found as a fact, that the salaries provided for in this subdivision do not work an in- crease in compensation, an 1 the same shall ajiijly iinmediateiy to incum- bents. I.J. Population of townships. For the jiurpose of subdivisions thirteen and fourteen of this section, the population of the several judicial town- ships shall be ascertained by the board of supervisors by multiplying by four the vote cast for governor in each township at the general elec- tion next preceding. 1(1 Supervisors. Each supervisor, one thousand two hundred dollars per annum, whirh shall be in full for all services as supervisor and road commissioner for each year. 17. Horticultural commissioner. Horticultural commissioner, one thou- sand five hundred dollars per annum; provided, in counties of this class, said horticultural commissioner may appoint as many inspectors as may be necessary for the performance of his duties,- who shall be paid three dollars and fifty cents for each day of eight hours actually engaged in.. the performance of their duties. IS. Physician. County physician, seventy-five dollars per month. 19. Health officer. County health officer, seventy-five dollars per month; provided, that in counties of this class there shall be and hereby is allowed the health officer, two deputies, each of whose salaries shall be one hundred fifty dollars ])er month, said deputies to pay all their own expenses. 20. Live stock inspector. Live stock inspector, who shall be ex officio county veterinarian, one thousand eight hundred dollars per annum; pro- vided, that in counties of this class the live stock inspector shall devote his entire time to the performance of the duties of the office; provided, further, that in counties of this class the live stock inspector shall be and hereby is allowed three defmties who shall each receive as salaries six hiiiidrrd dollais per aniniiii. 1^1. Probation officer. I'robatidii cdlicer, one tljousaiid two hundred dollais per annum. '12. Jurors, ill counties of this class, grand jurors and trial jurors in crimina] cases shall icceive as conipensation for each day's attendance on the griiTid jury, the supcridi cnurl y virtue of their offiee tlie following salaries, to wit: 1. County clerk. The county c-Ierlv, two thousand three hundred dol- lars per annum; in counties of this class the county clerk may appoint a deputy, which ofKce of deputy county clerk is hereby created, and said deputy shall receive as compensation for his services the sum of one thousand two hundred dollars ]ier annum, to be paid out of the county treasury in equal monthly installments in the same manner and at the same time other county officials are paid. 2. Sheriff. The sheriff, four thousand eight hundred dollars per annum, and all mileage now allowed by law. 3. Recorder. The recorder, two thousand two hundred dollars j)er annum; provided, that in counties of this class, the recorder shall be allowed to appoint two deputies, one of which shall be allowed a salary of nine hundred dollars per annum and one a salary of six hundred dol- lars per annum, and the offices of said deputy recorders are hereby created. 4. Auditor. The auditor, two thousand four hundred dollars per annum. 5. Treasurer. The treasurer, two thousanil . five hundred dollars per annum. 6. Tax collector. The tax collector, two thousand four hundred dollars per annum, and such fees and commissions as are now or may hereafter be allowed by law; and shall be allowed one or more deputies, to be appointed by said tax collector, which offices are hereby created; pro- vided, that the compensation of said deputy or deputies shall not exceed in the aggregate the sum of nine hundred seventy-five dollars in any one year. The salaries of the deputies herein provided for shall be paid by the county, at the same time and out of the same fund as the salary of the tax collector is paid. 7. Assessor. The assessor, three thousand six hundred dollars per annum; provided, that the assessor shall be entitled to receive and retain for his own use four per cent only on personal property tax collected by him as authorized by section three thousand eight hundred twenty of the Political Code; and provided further, that the assesor shall be allowed to appoint two deputies, one of which shall be allowed a salary of one hundred fifty dollars per month; provided, said deputy shall not be employed for more than five months during any one year, and one deputy at a -salary c-f one hundred dollars per month; provided, said deputy shall not be employed for more than four months during any one year. The salaries of all deputies herein provided shall be paid by the said county in equal monthly installments at the same time and in the same manner as county officers are paid. The assessor shall also be allowed for himself and deputies the sum of three hundred dollars per annum and no more, for traveling expenses wliile on ofiicial busines^ con- nected with the duties of his office within his county. All claims for traveling expenses incurred by the assessor or his deputies while in the ]ierformance of their official duties within the county shall be paid out of the general fund of said county on duly verified claims filed with the § 4266 POLITICAL CODE. 490 board of t^uiiervibors at the same time and in tlie same manner as other county claims. S. District attorney. The district attorney, two thousand four hun- dred dollars per annum, and there is hereby created a new office to be known as stenographer to the district attorney, who shall receive a sal- arj' of six hundred dollars per annum, payable monthly at the same time and in the same manner as the salaries of the county officials are paid. 9. Coroner. The coroner, such fees as are now or may be hereafter allowed by law. 10. Public administrator. The public administrator, such fees as are now or may be hereafter allowed by law. 11. Superintendent of schools. The superintendent of schools, two thousand dollars per annum and actual traveling expenses, when visiting the schools of his county. The superintendent shall be allowed one deput}^, 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 officials. 12. Surveyor. The surveyor, one thousand five hundred dollars per annum, which shall be in full for all services required of him by the superior court or the board of supervisors; provided, that he shall be entitled to receive from the county his actual expenses incurred in the performance of any order of the court or the board of supervisors; pro- vided, further, that whenever the surveyor is directed by the board of supervisors to plat, trace or otherwise prepare maps, plats or block-books for the use of the county assessor, or tax collector, he shall be allowed only the actual cost of preparing same. 13. Justices of the peace. Justices of the peace shall receive the fol- lowing monthly salaries to be paid each month and in the same manner and out of the same funds as the county officers are paid, which shall be in full for all services rendered by them in criminal cases; in townships having population of more than four thousand, fifty dollars per month; in townships having population less than four thousand and more than one thousand two hundred, forty dollars per month; in townships having population of less than one thousand two hundred and more than eight hundred, thirty dollars per month; in townships having population of less than eight hundred, twenty dollars per month; and in civil cases such fees as are or may be hereafter allowed by law. 14. Constables. Constables shall receive the following monthly sal- aries to be paid each month and in same manner and out of the same funds as the county officers are paid, which shall be in full for all ser- vices rendered ))y them in criminal cases; in townships having a popula- tion of more tlian four thousand, fifty dollars per month; in townships having population of less than four thousand and more than one thou- sand two hundred, forty dollars per month; in townships having a population of less than ono thousand two hundred and more than eight hundred tliirtv dolhirs |iit inoiilli; in townships having a population of less than eight hundred, twenty dollars |ior month; and in all civil cases such fees as are now or may ',ie licreafter allowed by law. Constables Bhall aNo l)f allowed liy liio l.oard of supervisors in criminal cases only, ^91 POLITICAL CODE. § 4267 necessary traveling expenses, and necessary expense of conveying crim- inals and persons cliarged with crime. J.l Supervisors. Each supervisor, one thousand two hundred dollars per annum, whicdi shall be in full for all services as supervisors and road commissioners; and there shall be allowed to each supervisor necessary traveling expenses when strictly on county business without the county. 10. Population of townships. For the purjjose of subdivisions thirteen and fourteen of this section, the population of the several judicial town- ships shall be ascertained by the board of supervisors by multiplying by five the registered vote in each township on the first dav of June, 1913. 17. Fees of jurors. The fees of grand jurors and trial jurors in the superior court of said counties of the thirty-seventh class, shall be three dollars per day for each day's attendance and mileage, to be computed at the rate of fifteen cents per mile for each mile necessarily traveled in attending court, in going only. In criminal cases such fees and mileage of said trial jurors in the superior court shall be paid by the treasurer of the county out of the general fund of said county upon warrants drawn by the county auditor on the written order of the judge of the court in which the juror was in attendance, and the treasurer of said county shall pay such warrants. 18. Salaries monthly. All salaries provided for, in this article shall be paid out of the treasury of the county, in monthly installments. The act amending § ^266 of the Political Code also contained the fol- lowing provision: §2. In effect, when. As to subdivisions one, three, six, and seven, this act shall take effect ninety days after the adjournment of the legis- lature; as to all other subdivisions thereof it shall not take effect until the expiration of the present terms of the officers hereinbefore enumer- ated. [Amendment approved May 28, 1917; Stats. 1917. p. 985.] §4267. Counties of thirty-eighth class, salaries of officers. In coun- ties of the thirty-eighth class the county officers shall receive, as com- pensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. County clerk. The county clerk, three thousand dollars per annum and the said county clerk may appoint one deputy county clerk, which said office of deputy county clerk is hereby created. The salary of such deputy county clerk is hereby fixed at one thousand five hundred dollars per annum, such salary to be paid at the same time and in the same manner as the salary of county officers is paid. 2. Sheriff. The sheriff, four thousand dollars per annum, and actual traveling expenses incurred in the pursuit or arrest of (/viminals, either in or out of his county. 3. Recorder. The recorder, one thousand five hundred dollars per annum; and the said recorder maj- appoint one deputy recorder, which said office of deputy recorder is hereby created. The salary of such deputy recorder is hereby fixed at one thousand two hundred dollars per annum, such salary to be paid at the same time and in the same manner as the salary of county officers is paid. § 4267 POLITICAL CODE. 492 4. Auditor. The auditor, one thousand dollars per annum. 5. Treasurer. The treasurer, one thousand five hundred dollars per annum; and the said treasurer may appoint one deputy treasurer, which said otiiee of deputy treasurer is hereby created. The salary of such deputy treasurer is hereby fixed at six hundred dollars per annum, such salary to be paid at the same time and in the same manner as the salary of county officers is paid. 6. Tax collector. The tax collector, one thousand dollars per annum, which shall be in full for all services as tax collector and as license collector. 7. Assessor. The assessor, two thousand five hundred dollars per an- num. The said assessor may appoint one office deputy assessor, which said office of deputy assessor is hereby created, who shall serve as such only during five months of each calendar year. Said office deputy assessor shall receive a salary of one hundred dollars per month, payable during the period of said services, at the same time and in the same manner as the salary of county officers is paid. The said assessor may also appoint one additional deputy assessor, who shall be designated as a "field deputy assessor," which said office of "field deputy assessor" is hereby created, who shall serve as such only during five months of each calendar year. Said "field deputy assessor" shall receive a salary of one hundred dollars per month payable during the period of such service, at the same time and in the same manner as the salary of county officers is paid. 8. District attorney. The district attorney, two thousand dollars per annum. Said district attorney may appoint one clerk to the district attorney, which said office of clerk to the district attorney is hereby created. Said clerk to the district attorney shall receive a salary of fifty dollars per month, payable at the same time and in the same manner as the salary of county officers is paid. 9. Coroner. The coroner, nine hundred dollars per annum, and his actual traveling and other expenses while performing the duties of his office. 10. Public administrator. The public administrator, such fees as are tio\v or may be hereafter allowed by law. 11. Superintendent of schools. The superititendent of schools, one thousand eight hundred dollars per annum, mid actual traveling expenses when visiting the schools of his counly. 12. Surveyor. The surveyor, 07ie thousand two hundred dollars per annum; and in addition thereto, he shall rcreive his actual traveling and other necessary cxikmiscs incurred by liim while engaged in work for the county. i:i. Township officers, in counties of this class the township officers shall receive the following ('oini)ensation, to wit: In townships liaving a population of three thousand or more, .justices of tlie peace shall receive a monthly salary of one imndred dollars per month; constables in townships of this ])opulation shall receive a salarj- of sixty dollars per month. 493 POLITICAL CODE. § 4268 lu townships having a population of one thousand five 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 hundi-ed and less than one thousand five 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 twenty dollars per month. In townships having a population of less than five hundred, the jus- tices of the peace and constables shall each receive a monthly salary of ten dollars per month. The above named salaries shall bo in full compensation for all ser- vices of said justices of the peace and constables in civil and criminal cases J provided, that in addition to the salary herein allowed, each con- stable shall be paid out of the treasury of the county for traveling ex- penses 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, and actual expenses of such transportation; and provided, further, that for the purpose of this subdivision, the population of the several townships shall be ascertained by multiplying the number of registered voters at the general election of 1914 by three. 14. Supervisors. Each member of the board of supervisors, one thou- sand two hundred dollars per annum, and mileage when acting as road commissioner, twenty-five cents per mile one way; provided, the amount of mileage shall not exceed the sum of three hundred dollars in any one year. [Amendment approved May 28, 1917; Stats. 1917, p. 1110.] § 4268. Counties of thirty-ninth class, salaries of officers. In counties of the thirty-ninth class the county officers shall receive as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. County clerk. The county clerk, two thousand four hundred dol- lars 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 mouth 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. Sheriff. The sheriff, four thousand dollars per annum, and the fees, mileage and commissions for the service of all papers issued by any court of the state outside of this county. Also his actual traveling ex- penses in the execution of a warrant outside of his county issued by a magistrate or court of his county. 3. Recorder. The recorder, one thousand eight hundred dollars per annum; provided, that said recorder shall collect and pay into the county treasury for the use and benefit of the county all fees required by law to be collected by him; and pro sided, further, that in counties of this class the recorder shall be allowed an assistant, who shall be appointed § 4268 POLITICAL CODE. 404 by the recorder and who shall receive a salary of fifty dollars per month, which said salary shall be paid by said county at the time and in the same manner and out of the same fund as is the salary of the recorder. 4. Auditor. The auditor, one thousand five luiudred dollars jier annum. 5. Treasurer. The treasurer, one thousand eight hundred dollars per annum. 6. Tax collector. The tax collector, two thousand seven hundred fifty dollars per annum, which shall be in full for all services as tax collector and as license collector. 7. Assesssor. The assessor, three thousand dollars per annum; pro- vided, that in counties of this class there shall be one deputy assessor, who shall be appointed by the assessor of said county, whose salary is hereby fixed at the sum of one hundred dollars per month; which said salary shall be paid by said county -at the time and in the same man- ner and out of the same i^ind as is the salary of the assessor; and pro- vided, further, 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 oflfice from twelve o'clock meridian of the first Monday of March of each j^ear up to twelve o'clock meridian of the first Monday of July of each year. The salary of said last-mentioned deputy assessor herein provided for is hereby fixed at the sum of on'e 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 time and in the same manner and out of the same fund as is the salary of the assessor. 8. District attorney. The district attorney, one thousand eight hun- dred dollars per annum; provided, that in counties of this class the district attorney may appoint a stenographer or clerk who shall receive a salary of six hundred dollars per annum, to be paid in equal monthly installments in the same manner, at the same time and out of the same fund as is the salary of the district attorney. 9. Coroner. The coroner, nine hundred dollars per annum. 10. Public administrator. The jniblic administrator, such fees as arc now or may bo hcroafter allowed l)y law. 11. Superintendent of schools. The suiicrintondout of schools, one thousaiul eight hundred dollars per annum, and actuiil traveling ex- penses while visiting the schools of his (■(luiily, ho to dovoto all of his time to the duties of his office. ll^. Surveyor. Tlio siir\fyor, suvh fees as are now or may be here- after allowed by law; provided, he shall be given all work for the county in which the county employs a surveyor or civil engineer; and provided, further, that it shall be the duty of the boanl of supervisors of counties of this class to so employ him. i;'.. Supervisors. Supervisors, each liio sum of ouo thousand dollars per aninim for all services performed by thotii, as sujiorvisors, and mem- l)erH of the Ijoard of etpialization and road commissioners; provided, that each sujiervisor shall receive ton cents for each mile traveled by the 495 POLITICAL CODE. § 4268 ordinary route, in going from his residence to tlie eounty seat ami re- turning, once during each montli; and tlic sui)ervisors in counties of this class be allowed their traveling expenses in viewing and laying out roads and bridges and in attending to such other duties within tlieir county as required by law. 14. Justices of the peace. For the purpose of regulating the com- pensation 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 ten; townsliips having a jiopulation of two thousand four hundred and over four thousand shall be classified as townships of the first class, and townships having a pof)ulation of less than two thousand four hundred shall belong to and be known as townships of the second class. 15. Justices of the peace. In townships of the first class, justices of the peace shall receive eighty dollars per month to be paid each month ont 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 ren- dered by them. In townships of the second class, justices of the peace shall receive sevent3--five 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. 16. Constables. 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 compensation for all services rendered by them in criminal cases, the same to include all costs of transportation of all prisoners within the county, to wit: Constables in townships of the first class shall receive a monthly s.alary of seventy-five dollars per month, and con- stables of townships of the second elass shall receive a monthly salary of sixty dollars per month; provided, further, that when any constable is required to serve a warrant of arrest or any other paper of a crim- inal case he shall be allowed mileage both going and coming, at the rate of ten cents per mile, but shall not be allowed any sum for any other expenses. 17. Reporter. 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 provided by law; said compensation for per diem and transcription in criminal cases to be audited and allowed upon a written order of the court, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. 18. Jurors. In counties of this class, grand jurors and jurors in the superior court in criminal and civil cases shall be paid three dollars per day for each day's attendance, and for each mile actually traveled in attemling court as such juror under summons or under order of court, §§ 4268a-4271 political code. 496 in going only, twenty-five cents; and in criminal cases, the county clerk shall certify to the auditor the number of days attendance and the number of miles traveled by each such juror, and the auditor shall then draw his warrant for the fees and mileage due such juror, and the treasurer shall pay the same. 19. Witnesses. In counties of this class, witnesses, when legally re- quired to attend upon the superior court, in criminal cases, shall be paid two dollars per day for each day's actual attendance, and twenty- five cents per mile for each mile actually traveled, in going only; and in criminal cases the county clerk shall certify to the auditor the num- ber of days attendance and the number of miles traveled by each such witness, and the auditor shall then draw his warrant for the fees and mileage due such witness, and the treasurer shall pay the same. [Amendment approved May 28, 1917; Stats. 1917, p. 1141. J § 4268a. Fees of jurors and witnesses, counties of thirty-ninth class. In counties of the thirty-ninth class, jurors and witnesses shall receive the following fees and mileage: In criminal cases the county clerk shall, dail}', during the attendance of each juror or witness, make his certificate as to such attendance (the certificate as to the first day's attendance of such, juror or witness, to cover and include the number of miles traveled by such juror or wit- ness) ; and the auditor shall, daily, upon the request of such juror or witness draw his warrant in favor of such juror or witness for the sum named in such certificate, and the treasurer shall pay the same; For attending as a grand juror for each day's actual attendance, per day, three dollars, and twenty-five cents per mile for each mile actually traveled in going only, such mileage to be paid at the time that the fee for the first day's attendance is paid; For attending as a trial juror in criminal cases, for each day's actual attendance, per day, three dollar.s, and twenty-five cents per mile for each mile actually' traveled in going only, such mileage to be paid at the time that the fee for the first day's attendance is paid; For attending as a witness in criminal cases, for each day's actual attendance, per day, three dollars, and twenty-five cents per mile for each mile actually traveled in going only, such mileage to be paid at the time that the fee for the first day's attendance is paid. [New section added May 28, 1917; Stats. 1917, p. 1140.J § 4271. Counties of forty-second class, salaries of officers. In coun- ties of the forty-second class, llic county olliciTs shall lecciN-e, as com- pensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. County clerk. Tlic county clerk, two thousand four hundred dol- lars per annum; jirovided, that in counties of this class there shall be and is hereby' allowed the county clerk the following deputies, who shall be ap[)ointed by the county clerk, and shall be paid salaries as follows: one (iei)uty clerk at a salary of one hundred twenty-five dollars per month, and one dei)uty county clerk at a salary of seventy-five dollars per inontli. Tin' siil;irics of said deputy county clerks siiall be paid in 497 POLITICAL CODE. § 4271 monthly installmonts at the sanio time and in tlie same manner and out of the same fund as the salary of the county clerk is [laid; provided, further, that in counties of this class, in each year in which a new and complete or supplemental registration of voters is required by law, the county clerk shall appoint as many deputy registration clerks as may be necessary for the convenient registration of voters of the county, which deputy registration clerks shall receive as compensation for their services the sum of ten cents per name for each and every voter regis- tered by them; said compensation to be paid out of the general fund of the county, on the presentation and filing with the board of super- visors of the county of a duly verified claim therefor, approved by the county clerk. 2. Sheriff. The sheriff, five thousand dollars per annum and such mileage as is allowed by law for service of all papers wherever issued by any court outside this county and all mileage for service of paper in civil cases in his own county and actual expenses incurred in criminal cases; provided, further, that in counties of this class there shall be and is hereby allowed to the sheriff one deputy who shall be appointed by the sheriif and shall be paid a sum of one hundred dollars per month, which said sum shall be paid by said county in equal monthly install- ments at the same time and in the same manner as the salary of the sheriff is paid. 3. Recorder. The recorder, two thousand one hundred dollars per an- num; provided, further, that in counties of this class there shall be and is hereby allowed to the recorder, one deputy recorder who shall be appointed by the recorder and shall be paid a sum of one hundred dol- lars per month; also, an additional deputy recorder who shall be ap- pointed by the recorder and who shall be paid a salary of seventy-five dollars per month, which said sum shall be paid by said county in equal monthly installments at the same time, in the same manner and out of the same fund as the salary of the recorder is paid. ■1. Auditor. The auditor, the sum of two thousand dollars per an- num; provided, that in counties of this class there shall be and there is hereby allowed to the auditor one deputy auditor which said office is hereby created who shall be appointed by the auditor and shall be paid a salary of seventy-five dollars per month, which sum shall be paid by said county in monthly installments at the same time and in the same manner and out of the same funds as the salary of the auditor. 5. Treasurer. The treasurer, two thousand dollars per annum. 6. Tax collector. The- tax collector, one thousand eight hundred dol- lars per annum; provided, that in counties of this class there shall be and there is hereby allowed to the tax collector one deputy tax col- lector, which office is hereby created, said deputy tax collector to be appointed by the tax collector and to be paid a salary of seventy-five dollars per month, which said sum shall be paid by the county in monthlj' installments at the same time, in the same manner and out of the same fund as the salary of the tax collector is paid. 7. Assessor. The assessor, two thousand five hundred dollars per an- num; provided, that in counties of this class there shall be one deputy 32 § 4271 POLITICAL CODE. 498 assessor, who shall be appointed by the assessor and shall receive as compensation, for all services performed by him the sum of one hun- dred dollars per month; and provided, further, that the assessor may appoint such additional dfeputies as may be required in the judgment of the assessor, the length of time that such deputies shall serve in any one year not to exceed, in the aggregate, three hundred twelve days, and the aggregate compensation to be paid all of said deputies not to exceed in any one year the sum of one thousand two hundred forty-eight dol- lars, which shall be paid out of the county treasury in the same manner, at the same' time and out of the same funds as the salaries of other county officers are paid; provided, further, that the assessor may ap- jioint one coi^yist, to be paid a compensation of three dollars per day for a period not to exceed four months in any one year, and such allow- ance shall be made as other claims are allowed by the board of super- visors, and when so allowed shall be paid out of the salary fund., 8. District attorney. The district attorney, two thousand four hun- dred dollars per annum; provided, the district attorney may appoint a stenographer, whose compensation shall be seventy-five dollars per month, and such allowance shall be made as other claims are allowed by the board of supervisors, and when so allowed shall be paid out of the salary fund. 9. Coroner. The coroner, siudi fees as are now or may hereafter be allowed by law. 10. Public administrator. The public administrator, such fees as are now or may hereafter be allowed by law. n. Superintendent of schools. The superintendent of schools, one thousand eight luindred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the superintendent of schools a deputy who shall be appointed by the superintendent of schools and paid a salary of five hundred dollars per annum, 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 superintendent of schools is paid. 12. Surveyor. The .survryor, ten dollars per day when engaged in (•(luiity work, lie slial! also receive his actual expenses when at work in llie field. i:',. Township officers, lu counties of this class, the township officers shall receive the following compensation for all services rendered by theni in criminal matters of wliatever kind, character or description: In towiLships having a population of five thousand or more, justices of the peace and constables shall receive a monthly salary of one hundred twenty-five dollars, to be paid each month in the same manner and out of the same fund as the salaries of county officers are paid. Tn town- ships having a population of less than five thousand, said justices of the peace shall receive a salary of six Inuidred dollars per annum, and (■onstables shall receive a salary of tunr iiundred eighty dollars per annum, to l.e jiui.! in monlhly installments. 499 poLiTiOAi. coDK. § 4272 14. Supervisors. Ividi mcmbor of the Ixiard (if supervisors, one thoii- sailic ndTuinistrator such fees as are now or may l>e licrciiftcr allowed Iiy law. (k) Superintendent of schools. Tlic suiierintcnilent of schools, two thousand se\ en hundred dollars per annum and traveling expenses while visiting schools of his county; and for services as secretary of the board of education he shall receive live dollars pei' day for eacli day said hoard is in session. CI) Surveyor. The sur\'eyor, such fees as are now or nmy be here- after ;il!owe(| l)y law. ( ]\\ ) Justices of the peace. .Justices of 1he |ii';ice siiall receive the I'cdlowing niontlily salaries, lo lie paid each niduth, and in the same 503 POLITICAL CODE. § 4276 manner ami out of the same fund as county onicers are paid, which shall be in full for all services rendered by them in criminal cases: In town- ships having a population of more than nine hundred, seventy-five dol- lars per month; in townships having a population less than nine hundred and more than five hundred, fifty dollars per month; in townships hav- ing a population less than five hundred, twenty dollars per month. (n) Constables, ('onstal)les shall receive the following monthly sal- aries to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in 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 popu- lation of less than five hundred, twenty dollars per montli; provided, that each constable shall receive his actual and necessary expenses in- curred in conveying prisoners to the county jail. In addition to the compensation received in criminal cases each constable shall receive and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil actions. (o) Supervisors. Supervisors the sum of one hundred twenty-five dol- lars per month each; 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 commissioner or supervisor, not exceeding in the aggregate two hundred fifty dollars per annum. Supervisors shall also receive their necessary expenses when the performance of duty as supervisor or road commissioner takes them out of the county. (p) Reporters. The official reporters, same as now provided by law. (q) Jurors. In counties of this class grand jurors and trial 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 fifteen cents; such mileage to be allowed but once during each session such jurors are rccjuired to attend. (r) Construction of act. It is hereby declared that nothing herein contained constitutes an increase in compensation of any of the officials mentioned herein and this act shall take effect in accordance with the provisions of section one of article four of the constitution. [Amend- ment approved June 1, 1917; Stats. 1917, p. 1605.] § 4276. Counties of forty-seventh class, salaries of officers. In coun- ties of the forty-seventh class, the county officers shall receive as com- pensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: 1. County clerk. The county clerk, one thousand five hundred dollars per annum; provided, that in counties of this class, there shall be a deputy county clerk, who shall be appointed by the country clerk, whose salary shall be, per annum, a sum not to exceed nine hundred dollars; which salarv shall be fixed by said county clerk, and which said salary § 4276 POLITICAL CODE. 504 shall be paid by saiil county at the time and in the same manner and out of the same fund as the salary of the county clerk. 2. Sheriff. The sheriff, five thousand dollars per annum and mileage for service of any and all processes required by law to be served by him, at the rate of ten cents per mile for every mile necessarily traveled in the performance of such duty, and for service of all proeesseg issued from all courts outside of his county j the sheriff to pay all salaries of his deputies. 3. Recorder. The recorder, one thousand six hundred dollars per an- num; provided that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the foes required by law. 4. Auditor. The auditor, one thousand five hundred dollars per annum. 5. Treasurer. The treasurer, one thousand five hundred dollars per annum. 6. Tax collector. The tax collector, one thousand five hundred dol- lars per annum. 7. Assessor. The assessor, two thousand one hundred dollars per annum. 8. District attorney. The district attorney, two thousand one hun- dred dollars per annum. 9. Coroner. The coroner, such fees as are now or may be hereafter allowed by law. 10. Public administrator. The public administrator, such fees as are now or may be hereafter allowed by law. 11. Superintendent of schools. The superintendent of schools, one thousand five hundred dollars per annum. 12. Surveyor. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace. Justices of the peace shall receive the fol- lowing 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, fifty dollars per month, which said salary shall be in full compensation for all services rendered by said justices of the peace in both civil and criminal cases, and all such fees as are allowed by law in ci\ii cases shall be paid by said justices of the peace into the county treasury, as the fees of county officers arc paid in. Ill townships having a population under three thousand, twenty-five dollars per iiuintli, which shall be in full compensation for all services rcuidered in (riniiiial cases. In addition to the above salary, each justice of tlie j)eace shall cdllcct and retain for his own use and benefit in civil cases, such fees as arc now or may hereafter be allowed by law. In townshi|)s having a iiojuilatioii of not less tlitin one thousand and under two thousand, twenty dollars per inontli, which shall be in full 505 POLITICAL CODE. § 4276a compeusation for all .services reudered in criminal cases. In addition to the above salary, each justice of the peace shall collect and retain for his own use and benelfit in civil cases such fees as are now or may be hereafter allowed by law. In townships having a population of less than one thousand, fifteen dollars per month, which shall be in full compensation for all services rendered in criminal cases. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit iu civil cases, such fees as are now or may be hereafter allowed by law. 14. Constables. (Jonstables, such fees as are now or may be hereafter allowed by law. 1.5. Supervisors. Each member of tlie board of supervisors, six hun- dred dollars per annum; thirty cents per mile one way in attending the meetings of the board. Three dollars per day when actually serv- ing as road commissioner, not to exceed three hundred dollars per annum. 16. Keporter. In counties of this class, the official reporter of the superior court shall receive, as full compensation for taking notes in criminal cases in said court, before the grand jury, for preliminary ex- aminations, and for coroners' inquests, a monthly salary of seventy-five dollars, payable out of the county treasury at the same time and in the same manner as the salaries of the county officers are paid, and shall receive as compeusation for taking notes, when required, in civil cases a per diem of ten dollars, to be paid by the litigants as the court may direct; and for transcription of said notes, when required, the sum of fifteen cents per folio for the original, and five cents jDer folio for each copy thereof; said compensation for transcription in criminal cases and coroners' 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, or by both or all parties, as the court may direct. He shall also be allowed his actual traveling expenses when reporting outside the county seat. 17. Population of townships. The board of supervisors shall deter- mine the population of each township for the purpose of fixing the salary of the township officers aforesaid. [Amendment approved May 28, 1917; Stats. 1917, p. 1107.]: § 4276a. Fees of jurors and witnesses, counties of forty-seventh class. In counties of the forty-seventh class, jurors and witnesses shall receive the following fees and mileage: Jurors. For attending as a grand juror, for each day's actual attendance, per day, three dollars, and twenty cents per mile for each mile actually traveled, in going only; for attending as a trial juror in the superior court in civil and criminal cases, for each day's actual attendance, per day, three dollars, and twenty cents per mile for each mile actually traveled, in going only; for attending as a trial juror in the justice's court, in civil eases only, for each day's actual attendance, per day, two dollars, and twenty cents per mile for each mile actually traveled, in going only. § 4277 POLITICAL CODE. 506 The fee of such jurors shall be paid to them, respectively, on each day during the period of their attendance, if demanded, and the mileage herein provided for shall be paid at the time the fee for the first day's attendance is paid. Witnesses. For each day's actudl attendance when legally required to attend upon the superior court, per day, three dollars, and twenty cents per mile for each mile actually traveled, in going only; and for each day's actual attendance when legally required to attend upon the justice's court, in civil cases only, per day, two dollars, and twenty cents per mile for each mile actually traveled, in going only. Witnesses in criminal eases shall be paid their fees and mileage, as in this section provided, immediately upon their being discharged by the court. Wit- nesses in civil cases may demand the payment of their fees and mileage for one day, in advance, and when so demanded shall not be compelled to attend until the same shall have been paid. [New section added May 28, 1917; Stats. 1917, p. 1109.] § 4277. Counties of forty-eighth class, salaries of officers. In coun- ties of the forty-eighth clasps the county officers shall receive, as com- pensation for the services required of them by law or by virtue of their officers, the following compensation and salaries, to wit: 1. County clerk. The county clerk, two thousand dollars per annum. 2. Sheriff. The sheriff, three thousand five hundred dollars per an- num, and actual traveling expenses incurred in the pursuit or arrest of criminals, either in or out of his county. 3. Recorder. The recorder, one thousand five hundred dollars per annum; and the said recorder may appoint one deputy recorder, which said office of deputy recorder is hereby created. The salary of such deputy recorder is hereby fixed at one thousand dollars per annum, such salary to be paid at the same time and in the same manner as the salary of county officers is paid. 4. Auditor. The auditor, five hundred dollars per annum. :>. Treasurer. The treasurer, one thousand two hundred dollars per annum. (J. Tax collector. The tax collector, eight hundred dollars per annum, whicli shall be in full for all services as tax collector and license col- lector; provided, that in counties of this class there shall be one deputy tax collector who siiall be appointed by the tax collector of said county, and shall receive a salary of nine hundred dollars per annum, payable at the same time and in the siiiiic innnucr as the salary of the county officers is paid. 7. Assessor. The assessor, one thousaiul ei^^lit hundred dollars per annum; jirovided, that in counties of this class there shall be one chief deputy' assessor and one deputy assessor, who shall be appointed by the assessor of said county. Said dcimly assessor shall servo as such only during the montlia of March, April, May and .June of each year and shall receive a salary of one hundred ilollars per month, payable iliiriiig the period of such service, and said chief deputy assessor shall 507 POLITICAL CODE. § 4277 rec-eive a salary of one thousaiul two luuidiod dollars per year, such salaries to be payable at the same time and in the same manner as the salary of the county officers is paid. S. Di&trict attorney. The district attorney, one thousaml fiv(> Iniii- dred dollars per annum. 9. Coroner. Tiie coroner, five hundred dollars per annum, and his actual travelinjj- and other exjienses while j)erforming the duties of his office. 10. Public administrator. The public administrator, such fees as are now or may be hereafter allowed by law. n. Superintendent of schools. The superintendent of schools, one thousand six hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. Surveyor. The surveyor, nine hundred dollars per annum, and in addition thereto, he shall receive his actual traveling and other neces- sary expenses incurred by him while engaged in work for the county. 13. Supervisors. Each supervisor, fifty dollars per month, payable at the same time and in the same mariner as other county officers are paid, and his necessary and actual expenses when attending to the business of the county by order of the board, and mileage at the rate of twenty cents per mile for traveling from his residence to the county seat to attend the sessions of the board, and mileage at the rate of twenty cents per mile one way for all actual distances traveled by him in the performance of his duties as road commissioner. 14. Classification of townships. Justices of the peace. lu counties of this class the township officers shall receive the following compensa- tion: For the purpose of fixing the compensation of justices of the peace and constables according to their duties townships in counties of this class are hereby classified according to their population as follows: Townships having a population of two thousand four hundred or more shall belong to and be known as townships of the first class. Townships having a population of more than one thousand two hundred and less than two thousand four hundred shall belong to and be known as town- ships of the second class. Townships having a population of less than one thousand two hundred shall belong to and be known as townships of the third class. Justices of the peace shall receive the follow'ing salaries: In townships of the first class forty dollars per month; in town- ships of the second class twenty dollars per month, and in townships of the third class fifteen dollars per month. Such salaries shall be paid in the same manner and out of the same fund as salaries of county officers are paid, and shall be compensation in full for all services rendered. All fees received by justices of the peace shall be paid into the county treasury every mouth. l.j. Constables. Constables shall receive the following monthly sal- aries, payable at the same time and in the same manner as county officers are paid, which shall be in full for all services rendered by them in criminal actions: In townships of the first class thirty dollars per month; in townships of the second class fifteen dollars per month; in § 4278 POLITICAL CODE. 508 townships of the third class fifteen dollars per month; provided, that in addition to the salary herein allowed each constable shall be paid out of the treasury of the county for traveling expenses outside of his township for service of a warrant of arrest or any other paper in a criminal ease such fees as are now or may be hereafter allowed by law, and for transporting prisoners to the county jail the actual expenses for such transportation, and his actual and necessary expenses in keeping and caring for property seized by him under a writ of attachment or execution; and provided, further, that constables may retain for their own use, the fees which are now or may be hereafter allowed to them in civil cases. 16. PopiUation, how ascertained. For the purposes of sections four- teen and fifteen, the j)opulation of the several townships shall be ascer- tained by multiplying by two and one-half the number of registered voters in each township, at the last general election preceding the fixing of this classification. 17. Jurors. Grand jurors and jurors in the superior court shall receive the following fees: for each day's attendance three dollars, and for each mile actually traveled in atten'ding court as a juror, one way, fifteen cents. IS. Incumbents. When this law shall enter into effect it shall apply to and affect incumbents mentioned in sections seven, fourteen and fifteen hereof. [Amendment approved May 28, 1917; Stats. 1917, p. 1258.] § 4278. Counties of forty-ninth class, salaries of officers. In counties of the forty-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. County clerk. The county clerk, one thousand eight hundred dol- lars i^er annum; provided, that in counties of this class the county clerk shall be allowed a copyist, who shall be appointed by the county clerk and paid the salary of seventy-five dollars per month; said salary to be jiaid at the same time, in the same manner and out , of the same fund as the salary of the county clerk; and provided, further, that in counties of this class, during the years when the compilation of a great register is required by law, the county clerks of the county shall be allowed the sum of ten cents per name for each affidavit legally taken for registra- tion; said sum to be allowed and paid to said county clerks by the board of supervisors as other county charges are allowed and paid. 2. Sheriff. Tlic slieriff shall receive two thousand five hundred dollars per annum, and in counties of this class, there is hereby allowed to the sheriff, one deputy, to be appointed by him, who shall receive the salary of seventy-five dollars per month, which shall be paid by the 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. .''). Recorder, 'i'hc rccorat. 17. Jurors. I'or attending as a grand juror or as a trial juror in the superior court, in criminal cases, foni' dnlhiis per day for each day's attendance. For each mile actually trincleij in attending upon the superior court, in going only, |ier mile, twenty-five ccMits; proxideil, that ill counties of this (dass the grand jumrs ami trial jurors in criminal cases shall lie paiin contained shall apply to the present incumbent. !;■). Supervisors. Kach miMiihcr of the board of sui)ervisors, five 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 commissioner thre<> dolhns jicr day, ;iiid actual and necessary ex- penses; proviiled, he shall not in any one year receive more than three hundred fifty dollars as supervisor, exclusive of mileage, nor more than two hundred dollars as road commissioner, exclusive of traveling ex- penses. 16. Board of education, i^-icli member of the board of education shall receive five dollars j)er day as comj)ensation for his services when in actual attend!iu one way 523 POLITICAL CODE. §§ 4288-4290 to board meetings; three dollars per day (no mileage) as road commis- sioners when actually engaged in road business. 16. Jurors. Jurors' fees in criminal cases shall be as follows: For attending as a grand juror or trial juror in the superior court, in crimi- nal cases only, for each day's attendance, per day, three dollars; for each mile actually traveled in attending court as such juror under sum- mons or under order of court, in. criminal cases, in going only, per mile, thirty 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 draw his warrant therefor and the treasurer shall pay the same. [Amendment approved April 25, 1917; Stats. 1917, p. 203.] §4288. Time of payment of salaries of county officials. The salaries of such oflhcers named in this title as are entitled to salaries shall be paid monthly out of the county treasury; and it shall be the duty of the auditor, on the first day of each and every month, to draw his warrant upon the treasurer in favor of each of said officers for the amount of salary due him under the provisions of this title for the preceding month; except that, unless in this title otherwise provided, one-half of the annual salary of the assessor shall be paid to him in equal monthly installments for the months of March, April, May and June, and one-half in equal monthly installments for the remaining eight months of the year. The treasurer shall pay said warrants on presenta- tion, out of the salary fund of the county treasury; provided, that in counties of the first class or in counties operating under a charter, the board of supervisors may, by ordinance, fix a date or schedule of dates for the payment of salaries of the officers, deputies, clerks and other em- ployees of the several departments and institutions of the county govern- ment. [Amendment approved April 5, 1917; Stats. 1917, p. 57.] § 4289. Statement of fees before salary warrant issued. The auditor shall not draw his warrant for the salary of any such officer for any month until the latter shall first have filed with him the sworn statement required in section four thousand two hundred ninety-four and a copy of the treasurer's receipt for all fees and other moneys payable into the county treasury, collected by such officer in that month. [Amendment approved May 25, 1917; Stats. 1917, p. 9.36.]- § 4290. Fees and salaries of county officers. Conveying prisoners to state institutions. State settlements of treasurers. The salaries and fees i>rovide(l in this title shall be in full compensation for all services of every kind and description rendered by the officers named in this title either as officers or ex-officio officers, their deputies and assistants, unless in this title otherwise provided, and all deputies employed shall be paid by their principals out of the salaries provided in this title, unless in this title otherwise provided; provided and except, that the assessor shall be entitled to receive and retain for his own use, unless in this title otherwise provided, six per cent of personal property tax collected by him, as authorized by section three thousand eight hundred twenty, and fifteen per cent of all amounts collected by him for poll § 4290 POLITICAL CODE. 524 taxes, and road jjoll taxes, and also five dollars per hundred names of persons returned by him as subject to military duty, as provided in sec- tion one thousand nine hundred one, and shall also be allowed by the county his actual expense when summoned before the state board of equalization in pursuance of an act entitled "An act to carry into effect the provisions of section fourteen of article thirteen of the constitution of the state of California as said constitution was amended November S. 1910, providing for the separation of state from local taxation, and providing for the taxation of public service and other corporations for the benefit of the state, all relating to revenue and taxation," and the license collector shall be entitled to receive and retain for his own use ten per cent on all licenses collected by him, except where otherwise provided in this title; provided, however, that in counties and cities and counties of the first, second and third classes, the assessor shall receive no commission for the 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 such assessor receive any com- pensation for making out military roll of persons returned by him as subject to military duty, as provided by section one thousand nine hun- dred one; nor shall the license collector in counties and cities and counties of the first and second classes receive any commission for licenses collected by him; provided, further, that the treasurer shall receive and retain for his own use the commissions on all inheritance and transfer taxes collected by him; and provided, further, that whenever the treasurer of any county shall employ a special attorney for the collec- tion of such taxes, said attorney shall be paid out of the commissions and fees allowed by law for the collection of such taxes; provided, that in any county where the number of judges of the superior court shall have been increased since the first day of January, 1911, or shall hereafter be increased, there must be and there hereby is allowed to the sheriff of such county, by reason of such increase, one additional deputy, to be appointed by the sheriff, at a salary not exceeding one thousand two liundred dollars per annum, to be paid at the same time and in the same manner as other county officers are paid, and also there must be and is hereby allowed to the county clerk of such county, one additional deputy to act as courtroom clerk, for each judge so appointed or elected, at a ealary not exceeding one thousand two hundred dollars per annum for each of said deputies, to be paid at the same time and in the same manner county officers arc paid. The board of supervisors shall allow to the eheriff his necessary expenses for pursuing criminals, or transacting any criminal business, and for boarding prisoners in the county jail; provided, that the board of supervisors sliall fix a reasonable price at -jvhich such prisoners shall be boarded, if not otherwise provided for in this title, which price shall not be less than twelve cents for each meal for each [irisoner; provided, further, that the sheriff shall be entitled to receive and retain for liis own use, five dollars per diem for conveying prisoners to and from the state prisons, and for conveying persons to and from the insane asylums, or other state institutions, not otlierwise provided for by law; ;ilso, Jill expenHCH necessarily incurred in conveying insane persons to and from the insane asylums and in conveying persons to and from the state prisons, or otlicr slate institutions, which per diem and expenses shall be 525 POLITICAL CODE. §§ 4292-4294 allowed by the board of cxaiiiiners and c-ollceted from the state. The court shall also allow the sheriff' his necessary expenses in keeping and preserv- ing property seized on attachment or executions, to be paid out of the fees collected in the action. The sheriff may retain for his own use the mileage for service of papers or process issued by any court of the state; provided, further, that the county treasurers of the several counties of this state, where their necessary expense incurred in the making of the state settle- ments provided for by section three thousand eight hundred sixty-six shall exceed the maximum amount of mileage allowed them by section three thousand eight hundred seventy-six shall be allowed out of the county treasury of their respective counties, the amount of such excess, which shall be paid as other demands against the county are paid; pro- vided, further, that in case county or city and county officers perform municiiJal duties imposed by a charter framed under the provisions of sections eight and eight and one-half of article eleven of the constitution the compensation of such officers and the expense of such officers may be apportioned by the board of supervisors in proportion to the duties rendered as county officers under general laws and rendered as municipal officers under charter provisions, and the compensation determined to be for the performance of municipal duties shall be paid from funds raised for municipal purposes and the compensation determined to be for county duties shall be paid from funds provided by sections three thousand seven hundred fourteen and four thousand three hundred five of this code. [Amendment approved May 29, 1917; Stats. 1917, p. 1323.] §4292. Payment of fees into county treasury. All salaried officers of the several counties and townships of this state shall charge and collect for the use of their respective counties, and pay into the county treasury, on or before the fifth day of each month, the fees now or hereafter allowed by law in all cases, except where such fees, or a percentage thereof, is allowed such officers, and excepting also such fees as are a charge against the county. [Approved May 25, 1917; Stats. 1917, p. 937.] § 4293. Record of fees. Each of the officers authorized to receive fees under the provisions of this title must keep a record, open to the public inspection during office liours, in which must be entered, at once and in detail, all fees or compensation, and fines, of whatever nature, kind, or description, collected or chargeable. On the first day of each and every month, the officer must add up each column in his book to the first day of the month, and set down the totals. On the expiration of the term of such officer, he must deliver all such records kept by him to the county auditor. [Amendment approved May 25, 1917; Stats. 1917, p. 937.] §4294. Statement filed with auditor. Form of affidavit. Each of the officers authorized to receive fees under 'the provisions of this title must pay the fees and compensation and fines collected and chargeable for the county in each month, to the treasurer on or before the fifth day in the following month and must file with the auditor a statement, duly verified, showing the amounts and kinds of fees, compensation, and fines collected or chargeable, the amounts collected and the amount of trust §§ 4295-4300a political code. 526 moneys received, disbursed, and on hand. The affidavit shall be in sub- stantially the following form: "I, A. B., county clerk (or other officer, as the case may be), do swear that the fee record in my office contains a true statement in detail of all fees and compensation of every kind and nature for official services rendered by me, my deputies and assistants, and the amount of all fines, and trust money, received, disbursed and on hand, for the month of , A.. D. , and that said fee record shows a full amount received or chargeable in said month, and that neither myself, nor to my knowledge or belief, any of my deputies or assistants have rendered any official service, except as provided in sections four thousand two hundred ninety- five and four thousand two hundred ninety-seven of the Political Code, which is not fully set out in said fee record and that the foregoing state- ment thereof and of other matters, is complete, true, and correct." The auditor shall file and preserve in his office said statements and affidavits. [Amendment approved May 25, 1917; Stats. 1917, p. 937.] § 4295. Prepayment of fees for official services. State, county, and township officers shall not in any case except in proceedings upon habeas corpus perform any official services unless upon the prepayment of such fees as are prescribed by law for the performance of such services; pro- vided, that the state, or any county, city, or city and county, or any public officer, or board, or body acting in his or its official capacity on behalf of the state, or any county, city or city and county, shall not be required to pay or deposit any fee for the filing of any document or paper or for the performance of any official service; provided, further, that the state, or any county, city, or city and county, or any public officer or board, or body, acting in his or its official capacity on behalf of the state, or any county, city, or city and county, shall not collect, demand, or receive any fee or compensation for any service whatever rendered in the matter of a pension claim, application, affidavit, voucher, or furnishing a verified copy of the public record of a marriage, death, or divorce or making a search for same, wherein the same is to be used in a claim for a pension. Said services to be rendered on the request of a United States official, a claimant or his or her attorney, and for every failure or refusal so to do such officer shall be liable on his official bond. Upon the payment by any person of the fees required by law, the officer must perform the services required, and for every failure or refusal so to do such officer shall be liable on his official bond. [Amendment ap- proved May 26, 1917; Stats. 1917, p. 1175.]. § 4300a. Fees of comity clerk. In addition to the charges otherwise provided for by law, the county clerk shall charge and collect the fol- lowing fees: For filing the first paper jn a civil action or in a special proceeding, except a probate proceeding or an adoption jsroceeding, five dollars. For filing the papers transmitted from another county on the transfer of a civil action or a special proceeding, except a probate proceeding or an adoption proceeding, five dollars. For filing tlie papers transmitted on appeal from a justice's court in a civil action or a special proccedi^jg, liva dollars. 527 POLITICAL CODE. § 4300a On the appearance of any defendant, or any number of defendants appearing jointly, except disclaimer, to be paid upon filing the first paper in the action by him or them, two dollars; and for every additional de- fendant appearing separately, one dollar. For filing a petition for letters of administration, a petition for special letters of administration, a petition for letters testamentary or a peti- tion for letters of guardianship, five dollars; provided, that when either the public administrator or the secretary of the state commission in lunacy, in his ofiicial capacity is the petitioner, he shall be required to pay said fee only out of the assets of the estate coming into his pos- session; provided, that only one fee must be collected by any one estate or guardianship matter. On placing any action or proceeding for the first time on the calendar for hearing or trial, to be paid by the party at whose request such action or proceeding is so placed, two dollars; pro- vided, no fee shall be charged for probate, adoption or criminal proceed- ings or default cases in civil actions. For issuing an execution, or order of sale, one dollar. The foregoing fees shall be in full for all services rendered by the county clerk to and including the making up of the judgment-roll in any action or proceeding except for making or certifying to copies of filed papers or records. For filing or docketing an abstract of judgment from a justice's court, one dollar. On filing the petition to contest any will or codicil, three dollars. For filing any notice of intention to move for a new trial of any civil action or special proceeding, two dollars. For preparing a copy of any record, proceeding, or paper on file in his office per folio, ten cents. For each certificate of the clerk, except a certificate to a copy of a filed record, paper or proceeding or a certificate in connection with a governmental civil service examination, twenty-five cents. No fees shall be charged by the clerk for services rendered in any criminal action or adoption proceedings, except for making or certifying to copies of proceedings. For issuing a marriage- license, one-half to be paid to the county recorder, two dollars. This fee shall be in full for all services in con- nection with the issuance of a marriage license. For filing and indexing articles of incorporation, amended articles of incorporation or a certified copy of articles of incorporation, one dollar. For filing a certificate of increase of the capital stock of a corporation, one dollar. For filing a certificate of decrease of the capital stock of a corporation, one dollar. For filing a certificate of increase of the number of directors of a cor- poration, one dollar. For filing certificate of decrease of the number of directors of a cor- poration, one dollar. For filing a certificate of notice of removal of the principal place of business of a corporation, one dollar. For filing a certificate of creation of bonded indebtedness of a cor- poration, one dollar. § 4300e POLITICAL CODE. 528 For filing a certificate of increase of bonded indebtedness of a cor- poration, one dollar. For filing any charter, by-laws, or any other certificate, etc., of any corporation, granting power to do business in this state, one dollar. For filing and indexing a certificate of partnership, including affidavit of publication, one dollar. For filing and indexing a certificate uf fictitious name, including affi- davit of publication, one dollar. For filing and indexing an auctioneer's bond, one dollar. For filing and indexing all papers other than papers filed in actions or special proceedings, official bonds, certificates of appointment, or papers for which a charge is not elsewhere provided, one dollar. For either recording or registering any license or certificate or issuing any certificate, or both, in connection with a license, required by law, for which a charge is not otherwise prescribed, one dollar. For examining and certifying to any copy of any paper, record or pro- ceeding prepared by another and presented for his certificate, fifty cents, and one cent per folio for comparing the said copy with the original. For taking any affidavit, except in criminal cases, or adoption pro- ceedings, or in connection with governmental civil service examinations, fifty cents. For searching records or files, of each year, fifty cents. For taking and approving each undertaking, and the justification thereof, except in criminal cases, for each signature, fifty cents. For taking acknowledgment of any deed or other instrument, including the certificate, for each signature, fifty cents. For exemplification of record or other paper on file besides the charges allowed for copying or comparing, one dollars. [Amendment approved May 23, 1917; Stats. 1917, p. 902.] § 4:300e. Fees of justices of the peace. Justices of the peace, except as in this title otherwise provided: For all services to be performed by him before trial, in a civil action, two dollars; and for the trial of either a question of law or fact, and all proceedings subsequent thereto, including all affidavits, swearing witnesses and jury, and the entry of judgment and issuance of execution thereon, three dollars, to be paid when such trial is calendared for hearing. For all services in a criminal action or j)roceeding, wiiether on examination or trial, three dollars. For taking bail after commitment by another magistrate, fifty cents. For certificate and transmitting transcript and papers on appeal, one dollar. For copies of papers on docket, ])er folio, ton cents. For issuing a search warrant, to be paid by the party demanding the same, fifty cents. For taking an acknowledgment of any instrument, for the first name, fifty cents; for each adilitioiml iiiiiiie, twenty-five cents. For taking deposition, per folio, fifteen cents. For atlmiiiistering an oath, and certifying the same, twcniy-fivo cents. For issuing a commission to take testimony, fifty cents. For all services connected with the posting of estrays, one dollar. In caHes before a justice of the peace, when the venue shall be changed, tlie justice before whom the action shall be brought, for all services rendered, including the making up aiid transmission of the transcript and papers, shall receive one dollar; ;ini| the justice before whom the trial 529 POLITICAL CODE. § 4;3(j()c .shall take place shall receive the same fees as if the action had been commenced before him. For receiving and filing an abstract of judg- ment rendered by a justice or judge of another jurisdiction, and for sub- sequent services based thereon, two dollars. For performing the duties of coroner, when the coroner fails to act, the same fees and mileage as are allowed the coroner in all cases. For issuing each process, writ, order or paper required by law to be issued not otherwise in this article provided for, twenty-five cents. For administering oath or affirmation not otherwise in this article provided for, ten cents. For each certificate or affidavit not otherwise in this article provided for, twenty-five cents. For taking and approving bond or undertaking, including the justification of sureties, fifty cents. [Amendment approved April 24, 1917; Stats. 1917, p. 173.] 34 GENEEAL LAWS OF THE STATE or CALIFOMIA. AMENDMENTS OF 1917. TITLE 6. ADULTEEATION. ACT 29. An act to prevent the manufacture, sale or transportation of adulterated, mislabeled or misbranded foods and liquors and regulating the traffic therein, jjroviding penalties, establishing a state laboratory for foods, liquors and drugs and making an appropriation therefor. [Approved March 11, 1907, Stats. 1907, p. 208.] Amended 1909, pp. 51, 353; 1911, p. 1114; 1915, p. 170; 1917, p. 1641. The amendment of 1917 follows: ' § 3. Standard of purity. The standard of purity of food and liquor shall be that proclaimed by the secretary of the United States depart- ment of agriculture. Nothing in this section contained shall authorize or permit any adulteration of any food or liquor because the standard of purity of such food or liquor shall not be proclaimed by the secretary of the United States department of agriculture. [Amendment approved June 1, 1917; Stats. 1917, p. 1641.] § 9. Laboratory for analysis of foods and drugs. Duties of director, etc. Salaries. Assistants. For the purpose of this act there is hereby established a state laboratory for the analysis and examination of foods and drugs, which shall be under the supervision of the state board of health, which laboratory shall be located at such place as the state board of health may select. The state board of health shall appoint a director of said laboratory, consulting nutrition expert, and an assistant to such director, all of whom shall be skilled pharmaceutical chemists and ana- lysts -of foods and drugs. Said director shall perform all duties re- quired by this act and which shall be required by the state board of health. Said consulting nutrition expert shall at all times be ready for consultation with, give advice to, and perform duties in connection with the director of said laboratory, and shall at all times be under the supervision of and perform such duties under this act as are required by the state board of health. As a part of his duties he shall consult and advise with the state board of control concerning standards of purity and other matters relating to foods and drugs purchased by the state of California for any or all of its institutions. The assistant shall (531) Act 29, §§ 10, 20 GENERAL LAWS. 532 be under the supervision of the director and shall perform all duties required of him by the director and by the state board of health. The director shall receive an annual salary of three thousand six hundred dollars, the consulting nutrition expert shall receive an annual salary of one thousand two hundred dollars and the assistant to the director shall receive an annual salary of one thousand eight hundred dollars. All such salaries shall be paid in the same manner and at the same time as the salaries of state officers. The state board of health, out of the appropriation hereinafter pro- vided, and out of the funds derived from the operation of this act, may employ and fix the compensation of other and additional clerical and professional assistants. [Amendment approved June 1, 1917; Stats. 1917, p. 1641.] § 10. Suspected food to be analyzed. Duty of sheriffs. Powers of inspectors. The state board of health or its secretary, shall cause to be made by the said director of the state laboratory, or under his super- vision, examinations and analyses of food and liquor on sale in Cali- fornia, suspected of being adulterated, mislabled or misbranded at such times and places and to such extent as said board or its secretary may determine, and may appoint such agent or agents, as it may deem neces- sary, and the sheriffs of the respective counties of the state are hereby appointed and constituted agents for the enforcement of this act, and any agent or sheriff shall have free access, at all reasonable hours, for the purpose of examining any place where it is suspected that any arti- cle of adulterated, mislabled or misbranded foods exist, and such agent or sheriff upon tendering the market price of said articles, if a sale be refused, may take, from any person, firm or corporation samples of any articles suspected of being adulterated, mislabeled or misbranded, and shall deliver or forward such samples to the said director of the state laboratory for examination and analysis. The director of the state laboratory, the agents and inspectors of the state board of health shall have the same powers as are possessed by peace officers in this state. [Amendment approved June 1, 1917; Stats. 1917, p. 1642.] § 20. Penalty. Adulterated food seized. Adulterated food destroyed. Any person, firm, eoiiipany or corporation violating any of the provi- sions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished bj' a fine of not less than five dollars nor more than five hundred dollars, or shall be imprisoned in the county jail for a Icrm not exceeding six months, or by botli such fine and imprisonment. Whenever the director of tlie state laboratory shall find after investiga- tion and examination that any article of food found in the possession of any person, firm, company or corporation is adulterated, misbranded or mislabeled within the meaning of tliis act, he may seize such article of food and tag the same "quarantined," and said article of food shall not thereafter be sold, offered for sale, removed or otherwise disposed of [lending liearing and final disposition as in this act provided. Whenever the director of the state laboratory or any agent or inspec- tor of tiie state board of health sliall find any article of food adulter- ated within the meaning of tlie sixth subdivision of section four of this &33 ADULTERATION. Acts -iTb, 47c, § 1 act, he may seize sueli article of food and tag tlie same "quarantined" and said article of food shall not thereafter be sold, offered for sale, removed or otherwise disposed of until further notice in writing from said director of the state laboratory. Food found to be adulterated, mislabeled or misbranded within the meaning of this act may, by order of any court or judge, be seized and destroyed. [-Amendment approved June 1, 1917; Stats. 1917, p. 1642.] ACT 47b. An act to prevent the sale of impure and unwholesome milk, to grade milk, to provide rules and regulations therefor, and to empower cities, groups of cities, counties and groups of counties, or cities and counties, to establish inspection service; to provide for the enforce- ment of this act; to prescribe penalties for violation of the provi- sions hereof; and to make an appropriation therefor. [Approved June 11, 191.J. Stats. 1915, p. 147S.] Repealed 1917, p. 803. See next Act. ACT 47c. An act to prevent the sale of impure and unwholesome milk, butter, ice-cream and other milk products; to declare ice-cream a milk product; to grade milk; to provide rules and regulations therefor, and to empower cities, groups of cities, counties and groups of counties, or cities and counties, to establish inspection service; to provide for the enforcement of this act; to prescribe penalties for violation of the provisions hereof; and to repeal an act entitled, "An act to prevent th© sale of impure and unwholesome milk, to grade milk, to provide rules and regulations therefor, and to emjjower cities, groups of cities, counties and groups of counties, or cities and counties, to establish inspection service; to provide for the en- forcement of this act; to prescribe penalties for violation of the provisions hereof; and to make an appropriation therefor," approved June 11, 1915. [Approved May 22, 1917. Stats. 1917, p. 803. In effect July 27, 1917.] § 1. Milk must be pasteurized. Cream for butter. Butter used in manufacture of foodstuffs. Marking of butter. Ice-cream a milk pro- duct. It shall be unlawful for any person, firm or corporation, except in bulk to the wholesale trade, to sell or exchange or offer or expose for sale or exchange for human consumption any milk from cows that have not passed the tuberculin test, until it has been pasteurized by the holding process at a temperature not less than one hundred forty degrees Fahrenheit for twenty-five minutes; provided, that milk for drinking purposes shall not be heated for more than one hour nor above one hundred fortiy-five degrees Fahrenheit; provided, further, that cream that is to be manufactured into butter may be pasteurized by heating it to a higher degree than milk and, when the same is uni- formly heated to and held at a higher degree of temperature than one hundred fifty-one degrees Fahrenheit, the time for holding may be de- Act47c, §§2, 3 GENERAL LAWS. 534 creased from twenty-five minutes by one minute for each degree of temperature over one hundred fifty-one degrees Fahrenheit. It shall further be unlawful for any person, firm or corporation to sell or ex- change or offer or expose for sale or exchange for human consumption any butter, ice cream or other milk products except cheese and butter as hereinafter provided, into the composition of which any milk enters other than that permitted in this section of this act, to be sold at retail for human consumption; provided, that nothing in this act shall be construed to prohibit the use or sale of butter that is not pasteurized or butter that is not the product of nonreacting tuberculin-tested cows; provided, that said butter be used by manufacturers of foodstuffs only and in the manufacture of such foodstuffs said butter shall be subjected to a minimum temperature of two hundred twenty-five degrees Fahren- heit; and provided, further, that it shall be unlawful to use any such butter except in the manufacture of food subjected to said tempera- ture. Butter offered for sale for human consumption shall be marked: "From nonreacting tuberculin-tested cows," or "Pasteurized," as the case may be. Butter, which, by the provisions of this act, is permitted to be used for cooking and baking purposes only shall be marked "for cook- ing and baking only." Ice-cream is hereby declared to be a milk product. For the purpose of this act milk shall be construed to include cream. § 2, Sale of milk where milk inspection service established. It shall be unlawful for any person, firm or corporation to sell or exchange, or offer or expose for sale or exchange, in any city, county, or city and county, in which a milk inspection service, .approved by the state dairy bureau, has been established, any milk otherwise than as hereinafter provided in this act, and for the purpose of this act, the term "inspect- ing department" shall be construed to mean the health department of a county or group of counties, city or group of cities, or city and county maintaining a milk inspection service approved by the state dairy bureau, and such inspecting department shall include at least one regu- larly licensed physician. It shall be unlawful for any person, firm or corporation to sell or exchange, or offer or expose for sale or exchange any milk as and for, or under the designation, label or other represen- tation of "guaranteed," "grade A," or "grade B" milk, except within a county or group of counties, city or group of cities, or city and county maintaining a milk inspection service approved by the state dairy bureau; provided, that a person, firm or corporation, which is authorized to sell milk within the jurisdiction of an inspecting department may sell milk from the same sufiply, of the same quality, in similar containers, and under the same l;ilicl in territory outside the jurisdiction of any inspect- ing department, if local ordinances are not thereby violated, and also in territory within the jurisdiction of any other inspecting department; jirovided, the consent of said other inspecting department has been previously obtained. § 3. Milk not to be sold for human consumption. All milk sold or exchanged or olTcfred or exposed for sale or cxcliange except in bulk to the wliolesah' trade in any county or group of counties, city or group of cities or city and county, in wliicli a milk inspection service, approved hy the stall' dairy liureaii has b(H>ii estaldisliod, except certified Tuilk, 535 ADULTERATION. Act47c, §§4-6 guaranteed milk, grade A milk and grade B milk, is hereby declared to be impure and unwholesome and must not be sold for human consumption. § 4. Grades of milk. Where an inspection service is maintained as provided in section two of this act, milk shall be graded as follows: Certified milk, guaranteed milk, grade A milk, grade B milk and milk not suitable for human consumption; provided, that milk sold or ex- changed or offered or exposed for sale or exchange as and for, or under the designation, label or other representation of "guaranteed," "grade A" or "grade B," milk shall have the grade and whether raw or pasteur- ized marked on the container or cap of the container in capital letters not less than one-eighth inch long and one-sixteenth inch wide; and provided, further, that milk not suitable for human consumption shall be plainly so marked. § 5. Approval of inspecting department. No person, firm or corpora- tion shall sell or exchange, or offer or expose for sale or exchange, as or for guaranteed milk, any milk, raw or pasteurized the quality of which is guaranteed by the dealer, without approval in writing of the inspect- ing department, which milk must be of a higher standard than that required for grade A raw milk. § 6. EecLuirements for grade A milk. Dairies having not more than two cows. Sterile containers. Bacteria content. No person, firm or corporation shall sell or exchange, or offer or expose for sale or ex- change, as and for grade A milk, any milk that does not conform to the rules and regulations and the methods and standards for production and distribution of grade A milk adopted by the inspecting department. Grade A milk shall conform to the following requirements as a mini- mum: If raw, it shall consist of the clean raw milk from healthy cows as determined by physical examination at least once in six months by a qualified veterinarian under the supervision of the inspecting depart- ment, and by the tuberculin test by a qualified veterinarian under the supervision of the state veterinarian, and from dairies that score not less than seventy per cent on the score card hereinafter set forth; pro- vided, however, that dairies having not more than two milking cows, and, which are found by any such inspecting department to comply fully with the remaining provisions of this act are hereby exempted from such scoring requirements and from the use of the labels prescribed in section four hereof. The tuberculin test must be repeated annually if no reacting animals are found in the herd. If reacting animals are found they must be removed from the herd, and the tuberculin test re- peated in six months. All cows are to be fed, watered, housed and milked under conditions approved by the inspecting department. All persons who come in contact with the milk must exercise scrupulous cleanliness and must not harbor the germs of typhoid fever, tubercu- losis, diphtheria or other infectious diseases liable to be conveyed by milk. Absence of such infections shall be determined by cultures and physical examination, to the satisfaction of the inspecting department. Act 47c, §§7-9 GENERAL LAWS. 536 This milk is to be delivered in sterile containers and is to be kept at a temperature established by the inspecting department until it reaches the ultimate consumer, when it must contain less than one hundred thousand bacteria per cubic centimeter. If pasteurized it shall come from coves free from disease as determined by physical examination at least once in six months, by a qualified veterinarian under the super- vision of the inspecting department. Tt shall contain less than two hundred thousand bacteria per cubic centimeter before pasteurization and less than fifteen thousand bacteria per cubic centimeter at the time of delivery to the ultimate consumer. Dairies from which this milk is derived must score at least sixty on the score card hereinafter set forth. § 7. Requirements for grade B milk. Pasteurization. Records. No person, firm or corporation shall sell or exchange, or offer or expose for sale or exchange, as and for grade B milk, any milk that does not con- form to the following requirements as a minimum: It must be obtained from cows in no way unfit for the production of milk or use by man, as determined by physical examination at least once in six months by a qualified veterinarian under the supervision of the inspecting depart- ment. Before pasteurization such milk shall contain less than one mil- lion bacteria per cubic centimeter. After pasteurization it shall con- tain less than fifty thousand bacteria per cubic centimeter. Milk for pasteurization must be kept at a temperature established b}' the inspecting department up to the time of delivery to the pasteuriza- tion plant and rapidly cooled after pasteurization to a temperature of fifty degrees Fahrenheit or below and so maintained to the time of de- livery of the same. Pasteurization shall be by the holding method at a temperature not less than one hundred forty degrees Fahrenheit; provided, that milk for drinking purposes shall not be heated above one hundred forty-five degrees Fahrenheit. Such pasteurizing plant shall be equipped with a self-registering de- vice for record of the time and temperature of pasteurization. Such records shall be kept for two months and be available for inspection by any health department, the state veterinarian or any of his agents; or the state dairy bureau. Pasteurized milk shall be marked with the day of the week of pasteurization and must be delivered to the consumer within forty-eight hours thereafter. If milk is repasteurized, it must not be sold except as not suitable for human consumption; provided, however, if graded, cream of any grade shall conform to all the stand- ards set for milk of the same grade, except that the maximum bacterial count for cream shall be not more than two times as great as that of the corresponding grade of milk. § 8. Milk not suitable for human consumption. Milk not suitable for liuman consunijdioTi may be sold for industrial purposes, provided it be heated to a higher temperature than necessary for pasteurization, and delivered in a distinctive container, plainly marked with the words "Not suitable for human consumption," in letters not less than one- (jiiarter inch in length and one-twelfth inch stroke. §9. Counties, etc., may maintain Inspection service. Counties, or groujis of counties, cities or groups of citi(>s, or cities and counties, are hcrey)y authorized to maiutain a milk inspection service and laboratory 537 ADULTERATION. Act 4:7c. §§ lO-l-i conformable to requirements as set forth by the state dairy bureau, ami to establisli pasteurizing plants. § 10. Penalty for violation. Any person who shall violate any pro- vision of this act or the rules made in accordance with section eleven of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a tine of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than sixty days, or by both such fine an 'I im- prisonment. One-half of all such fines shall be paid into the state treas- ury and placed to the credit of the general fund. § 11. Duty of state dairy bureau. It shall be the duty of the state dairy bureau, with the assistance of the pure food and drugs laboratory, to enforce all the provisions of this act except the tuberculin testing of cows and the marking of reactors; and said bureau, with the approval and assistance of the pure food and drugs laboratory, is hereby em- powered to make such rules and regulations as may be necessary and advisable for such enforcement. § 12. Duty of state veterinarian. It shall be the duty of the state veterinarian, as soon as practicable, either directly or through local in- specting departments, to enforce the provisions of this act as to the tuberculin testing of cows and the exclusion of reacting animals from the herds, and to mark indelibly by tattooing the ear with the capital letter "T" one inch long any cattle which have been tested with tuber- culin under the provisions of this act and found to react to the test. For such purpose he may appoint such veterinarians as may be necessary. § 13. Dairyman not operating under inspecting department. If any dairyman not operating under an inspecting department desires to sell milk, he may file with the state veterinarian a written request that his cows be tuberculin tested. After the filing of such request, said dairy- man shall not be liable under the provisions of this act until such time as the state veterinarian shall be able to make the required test. The provision of this section shall apply also to any dairyman, operating under an inspecting department, if such inspecting department approves. § 14. Score card. The following score card sliall be used in scoring dairies under the provisions of this act: Act 47c, § 14 GENERAL LAWS. 538 DAIRY FARM SCORE CARD OF THE UNITED STATES BUREAU OF ANIMAL INDUSTRY. f As approved by the bureau for use under California conditions.] DAIRY FARM SCORE CARD. Score. Score. Equipment. Per- Al- Methods. Per- Al- fect. lowed. feet, lowed. COWS. Health 6 Apparently in good health.. 1 If tested with tuberculin within a year and no tu- berculosis is found, or if tested within si.x; months and all reacting animals removed 5 If tested within a year and reacting animals are found and removed 3 Food (clean and wholesome) ... 1 Water (clean and fresh) 1 STABLES. Location of stable 2 Well drained 1 Free from contaminating surroundings 1 Construction of stable 4 Tight, sound floor and proper gutter 2 Smooth, tight walls and ceil- ing 1 Proper stall, tie, and manger 1 Provisions for light : Four square feet of glass per cow 4 (Three square feet of glass or four square feet of opening, 3 ; two square feet of glass or three square feet of opening, 2 ; one square foot of glass, 1. Deduct for uneven distribu- tion.) Bedding, or clean pasture for bed 1 Ventilation 7 Ventilators in roof 2 Windows hinged at bottom. 2 (Sliding windows, 1.5; other openings, 1.) Cubic feet of space per cow, .500 feet 3 (Less than 500 feet, 2; less than 400 feet, 1; less than 300 feet, 0.) UTENSILS. Construction and condition of utensils 1 Water for cleaning 1 (Clean, convenient and abun- dant.) Small-top milking pail 5 Milk cooler 1 Clean milking suits 1 MILK ROOM OR MILK HOUSE. Location : Free from contaminat- ing surroundings 1 Construction of milk room. ... 2 Floor, walls, and ceiling... 1 Light, ventilation, screens. 1 Separate rooms for washing Utensils and handling milk. . . 1 FacilitieB for steam 1 (Hot water, 0.5.) COWS. Clean 8 (Free from visible dirt, 6.) STABLES. (Cleanliness of stables 6 Floor 2 Walls 1 Ceiling and ledges 1 Mangers and partitions....! Windows 1 Stable air at milking time.... 5 Freedom from dust 3 Freedom from odors 2 Cleanliness of bedding 1 Barnyard 2 Clean 1 Well drained 1 Removal of manure daily to 50 feet from stable 2 MILK ROOM OR MILK HOUSE. Cleanliness of milk room 3 UTENSILS AND MILKING. Care and cleanliness of utensils. 8 Thoroughly washed 2 Sterilized in steam for 15 minutes 3 (Placed over steam jet, or scalded with boiling water, 2.) Protected from contamina- tion 3 Cleanliness of milking 9 Clean, dry hands 3 Udders washed and wiped. .6 (Udders cleaned with moist cloth, 4; cleaned with dry cloth or brush at least 15 minutes before milking, 1.) HANDLING THE MILK. Cleanliness of attendants in miik room 2 Milk removed immediately from stable without pouring from pail 2 Cooled immediately after milking each cow 2 Cooled below 50° F 5 (51° to 55°, 4; 56° to 60°, 2.) Stored below 50° F 3 (51° to 55°, 2; 56° to 60°, 1.) Transportation below 50° F... 2 (51° to 55°, 1.5; 56° to 60°, 1.) (If delivered twice a day, al- low perfect score for storage and transportation.) Total 60 Total 40 Kquipmont-f-Methods:=Final Score. NOTE 1. — If any exceptionally lllthy (•ondition in found, paiticularly dirty utensils, the total score may be further limited. NOTE 2. — If the water is exposed to dangerous contamination, or there is evidence of the presence of a dangerous disease in animals or attendants, the score shall be 0. 539 AGENTS. Act 60, §§ 1, 2 §15. Stats. 1915, p. 1478, repealed. The imrposc of tliis act is to amend and supersede an act entitled "An act to prevent the sale of impure and unwholesome milk, to grade milk, to provide rules and regu- lations therefor, and to empower cities, groups of cities, counties and groups of counties, or cities and counties, to establish inspection service; to provide for the enforcement of this act; to prescribe penalties for violation of the provisions hereof; and to make an appropriation there- for," which is hereby repealed. TITLE 10. AGENTS. ACT 60. An act to define real estate brokers, agents, salesmen, solicitors; to pro- vide for the regulation, supervision, and licensing thereof; to create the office of real estate commissioner and making an appropriation therefor. [Approved June 1, 1917. Stats. 1917, p. 1579.] § 1, License for real estate business. It shall be unlawful for any person, copartnership, or corporation to engage in the business or act in the capacity of a real estate broker or a real estate salesman within this state without first obtaining a license therefor. § 2. Real estate broker. Real estate salesman. Application of act. Act constituting person, etc., a broker. A real estate broker within the meaning of this act is a person, copartnership or corporation who for a compensation sells or offers for sale, buys or offers to buy or negotiates the purchase or sale or exchange of real estate, or who, for compensa- tion negotiates loans on real estate, leases or offers to lease, rents or places for rent or collects rent from real estate or improvements thereon for others as a whole or partial vocation. A real estate salesman within the meaning of this act is one who is employed by a licensed broker to sell or offer for sale, or to buy or offer to buy, or to negotiate the purchase or sale or exchange of real estate, or to negotiate a loan on real estate, or to lease or offer to lease, rent or place for rent any real estate as a whole or partial vocation. The provisions of this act shall not apply to any person, copartnership or corporation who shall perform any of the acts aforesaid with reference to the buj'ing, selling or exchanging of propertj^ owned by such person, copartnership or corporation, or renting, collecting rents, or negotiating a loan on such property; nor shall the provisions of this act apply to salaried employees other than salesman or solicitors of a licensed real estate broker; and provided, further, that the provisions of this act shall not apply to persons holding a duly executed power of attorney from the owner for the sale of real estate, nor shall this act be construed to interfere in any way with services rendered by an attorney at law, nor shall it be held to include a receiver, trustee in bankruptcy, or .any per- son selling real estate under order of any court, nor to a trustee sClling under a deed of trust, nor apply to any corporations, associations, co- partnerships, companies, firms and individuals now or hereafter subject Act 60, § 3 GENERAL LAWS. 540 to the jurisdiction or authority of the railroad coinniission, nor to cor- porations now or hereafter organized nnder the laws of this state for the purpose of conducting the business of banking within this state, nor to corporations, associations, copartnerships, companies, firms and indi- viduals after they have secured from the insurance commissioner or the bureau of building and loan supervision a certificate of authority or license to do business within this state, nor to corporations, associations, copartnerships or companies, subject to federal regulation or not organ- ized for profit, nor to mutual water companies and irrigation districts. One act, for a compensation of bujdng or selling real estate of or for another or offering for another to buy or sell, or exchange real estate, or to negotiate a loan on or to lease or rent real estate, or to collect rent therefrom for a compensation shall constitute the person, coi^artnership or corporation making such offer, sale or purchase, exchange or lease, or negotiating said loan or so renting or collecting said rent, a real estate broker within the meaning of this act. § 3. State real estate commissioner's department. Salary. Oath. Bond. Clerks and duties. Office in Sacramento. "Real estate commis- sioner's fund" created. Seal. There is hereby created a state real es- tate commissioner's department. The chief officer of such department shall be the commissioner. He shall be appointed by the governor and hold office at the pleasure of the governor. He shall receive an annual salary of five thousand dollars, to be paid anonthly out of the state treasury upon a warrant of the controller. He shall within fifteen days from the time of notice of his appointment take and subscribe to the constitutional oath of office and file the -same in the ofiice of the secre- tary of state and execute to the people of the state a bond in the penal sum of ten thousand dollars with corporate security or two or more sureties, to be approved bj' the governor of the state, for the faithful dis- charge of the duties of his office. The real estate commissioner shall employ such clerks and deputies as he may need to discharge in proper manner the duties imposed upon him by law. Neither the real estate commissioner nor any of his clerks or deputies shall be interested in any real estate company, or real estate broker, as director, stockholder, officer, member, agent or employee. Such clerks and deputies shall perform such duties as the real estate commissioner shall assign to them. He shall fix the compensation of such clerks and deputies which compensation shall be paid monthly on the certificate of the real estate commissioner, and on the warrant of the controller out of the state treasury; provided, however, that the total expenditures provided for in this act shall not exceed fifty thousand dol- lars per annum. Kach deputy shall after his appointment take and sub- scribe to the constitutional oatli of oOice and file the same in the office of the secretary of state. The real estate commissioner shall have liis office in the city of Sac- ramento and he shall from lime fo lime obtain the necess^-iry furniture, stationery, fuel, liglit and other proper i-onveniences for the transaction of h'usincss, flic expenses of vvhidi shall lie ])ai(l out of the state treas- Miv on flic cert ifical e of the real cstafc (•(iiinnissioiitT and the warrant 541 AGENTS. Act 60, §§ 4-6 of the controller, drawn upon the real estate commissioner's fund here- inafter provided. A fund is hereby created to be known as the "real estate commis- sioner's fund," and out of said fund shall be paid all the expenses in- curred in and about the conduct of the business of the real estate com- missioner, including the salary of the commissioner and his clerks and deputies, traveling expenses, furnishing rooms and rent. All moneys col- lected or received by the real estate commissioner under and by virtue of. the provisions of this act shall be delivered by him to the treasurer of the state, who shall deposit the same to the credit of said real estate commissioner's fund. And all such funds so deposited or such part thereof as may be necessary for the purposes of this act are hereby ap- l>ropriated to the use of the real estate commissioner's fund for the purpose of carrying out the provisions of this act. It shall be the duty of the real estate, commissioner semi-annually to certify under oath to the state treasurer and secretary of state the total amount of receipts and expenditures of the real estate commissioner's department for the six months preceding. All fees and payments of every description re- quired by this act to be paid to the real estate commissioner shall be jiaid by him to the state treasurer on the first day of each w^eek following their receipt. The real estate commissioner shall adopt a seal with the words "Eeal Estate Commissioner, State of California," and such other device as the commissioner may desire engraved thereon, by which he shall authenticate the proceedings of his office. Copies of all records and papers in the office of the real estate commissioner's department shall be received in evidence in all cases equally and with like effect as the originals. § 4. Legal assistance. Said commissioner shall have the advice and assistance of one assistant attorney general whenever he shall require the same in the prosecution of matters pertaining to this act, and the commissioner shall have full power to regulate and control the issuance and revocation, both temporary and permanent, of licenses, and to per- form all other acts and duties under the provisions of this act. § 5. Limitations on license. No real estate license shall give author- ity to do any act in connection, with the real estate business to any person, copartnership or corporation other than those to whom said license is issued, and to the regular employees of said person, copartner- ship or corporation; provided, however, that when a license is issued to a corporation the officers thereof other than the president shall be re- quired to obtain a license if engaged in the real estate business as a whole or partial vocation; and provided, further, that when a license is granted to a copartnership the members of said firm or association shall each be required to obtain a separate license, except as provided in section eiglit hereof. § 6. Application for licenses. Licenses as salesmen. Applications for such licenses shall be made in writing to the real estate commissioner, which application shall be accompanied by the recommendation of two real estate owners of the county in which such applicant resides certify- Act 60, § 7 GENERAL LAWS. 542 ing that the applicant is honest, truthful and of good moral character and recommending that a license be granted the applicant. If the appli- cant shall have resided less than one year in the county from which the application is made, then he shall be required to give satisfactory proof that his standing is above reproach and that his record for honesty and fair dealing is clear in his former place or places of business. The real estate commissioner may require such other sufficient and satisfactory proof as to him may seem desirable in reference to the character of any applicant for license, or of the officers of any corporation, or the mem- bers of any firm making such application before authorizing the issuance of a license. Every such application shall state the name of the person, firm or corporation, and the location of the place or places of business for which such license is desired. Application for licenses as salesmen shall be made in writing to the real estate commissioner, sign.ed by the applicant, setting forth the period of time during which he has been engaged in the business, stating the name of his last employer and the name of the firm then employing him or in whose employ he is to enter. The application shall be accompanied by the recommendation of his employer, if employed, certifying that the applicant is honest, truthful and of good moral character, and recom- mending that the license be granted to the applicant. The real estate commissioner may require such other sufficient and satisfactory proof as to him may seem desirable in reference to the character of any applicant for license. § 7. Broker's license. Revocation of license. All applicants for a broker's license shall, in addition to such recommendation, file with the said real estate commissioner a satisfactory bond to the people of the state of California, duly executed by a sufficient surety or sureties, to be approved by said commissioner, in the amount of one thousand dol- lars conditioned for the faithful performance by such broker of any undertaking as a licensed real estate broker under this act, and on appli- cation of any person injured by the failure of a real estate broker to perform his duties or comply with the provisions of this act, the real estate commissioner may grant to such applicant, in his discretion, the right to prosecute such bond in the name of said real estate commis- sioner. It shall be the duty of the real estate commissioner to see that such bond remains and is kept good. When any salesman or solicitor shall be discharged by his employer for dishonest dealing, a written statement of the facts in reference thereto shall be filed forthwith with tlie real estate commissioner, b.y the employer. Any person injured by dishonest dealing on the part of any salesman or solicitor, or who has personal knowledge of dishonest prac- tice on the part of any salesman or solicitor, may communicate the facts in reference thereto to the real estate commissioner. If, after notifying such salesman or solicitor thereof and affording him an op- portunity to be heard concerning the same, it appears to the real estate commissioner that said salesman or solicitor is guilty as charged, said real estate commissioner shall at once revoke his license and he shall not be entitled to receive any license as sah^smun or broker for a period of two years thereafter. 543 AGENTS. Act 60, §§ 8, 9 §8. Fees for licenses. The fees for lic-euse shall be as follows: (1) For a broker's license, an annual fee of ten dollars. (2) For a corporation, the annual fee shall be ten dollars and said license shall entitle the president of said corjjoration to engage in the real estate business within the meaning of this act. For officers other than the president of a corporation, who shall engage in the real estate business within the meaning of this act, the annual fee shall be two dollars. (3) For a copartnership, the annual fee shall be ten dollars, and the license issued to said copartnership shall entitle one member of said co- partnership to engage in the real estate business within the meaning of this act. For each other member of such copartnership the annual fee shall bo two dollars. (4) For salesmen and solicitors, the annual fee shall be two dollars. Said license fee shall accompany the application and bond herein pro- vided for, and no license shall be issued for a less period than one year. It shall be unlawful for an licensed broker to pay a commission for performing any of the acts herein specified to any person who is not a licensed broker, except a licensed salesman or solicitor directly in the employ of a licensed broker, who shall then receive the same only through or from his employer, and except to a regular salaried employee who has been employed for not less than six months by such broker. § 9. Acts for which license may be suspended or revoked. Notice to holder. Review of decision. The real estate commissioner shall have the power to temporarily suspend or permanently revoke licenses issued under the provisions of this act at any time where the holder thereof in performing or attempting to perform any of the acts mentioned in section two hereof is gnilty of — (a) Making any substantial misrepresentation, or (b) Making any false promises of a character likely to influence, persuade or induce, or (c) A continued and flagrant course of misrepresentation or making of false promises through agents, salesmen, or solicitors, or (d) Acting for more than one party in the transaction without the knowledge or consent of all parties thereto, or (e) Any other conduct, whether of the same or a different character than herein above specified, which in the opinion of said commissioner is contrary to good business morals. Before suspending or revoking any license, the said commissioner shall notify, in writing, the holder of such license of the charges against such holder of such license and afford an opportunity to be heard in person or by counsel in reference thereto. The decision of the said commissioner in revoking any license under this act shall be subject to review, however, as follows: An appeal may be taken from any decision of the real estate com- missioner under this act by filing with the clerk of the superior court of the state of California, in and for the county in which the person affected by this decision resides or has his place of business under the terms of this act, a certified transcript of all papers in the office of the Act 60, §§ 10-13 GENERAL LAWS. 544 c-ommissioner relating to such decision, and all evidence taken on the hearing. It shall be the duty of the said commissioner to make and certify to said transcript upon payment to him of a fee of ten cents for each folio and one dollar for the certification. The court shall, upon such appeal, be limited to a consideration of the question whether there has been abuse of discretion on the part of the real estate commissioner in making such decision. § 10. Notice of change of location. If, after the issuance and de- livery of a license to any broker under the provisions of this act, any change shall be made in the place or places of business covered thereby, no such business shall be carried on in any other location until notice of change of location shall be given in writing to the commissioner, and each person, firm or corporation so licensed under the provisions of this act shall be required to have and maintain an office in the state for the transaction of business. § 11. Penalty for violation. Auy person or corporation violating any of the provisions of this act shall, upon conviction thereof, if a person, be punished by a fine of not to exceed the sum of two thousand dollars, or by imprisonment in the county jail or state prison for a term not to exceed two years, or bj' both such fine and imprisonment in the discretion of the court, or if a corporation, be punished by a fine of not to exceed five thousand dollars. § 12. Investigation of complaints. Employer's license not affected Tiy employee's violation. The said commissioner shall receive, consider and investigate all verified complaints made in writing as to the action of any person, copartnership, corporation, or salesman or solicitor engaged in the real estate business, whether licensed or unlicensed. If such ]terson, copartnership, corporation, or salesman or solicitor engaged in the real estate business shall not be license, then such commissioner shall cause such person, copartnership, corporation, or salesman or solicitor to be prosecuted under the terms of this act; or, if any person sliall prove to be a licensed broker or salesman or solicitor under the terms of this act, and be found guilty of improper dealing, the said commissioner shall have the power to discipline said broker or salesman or solicitor either by a temporary suspension of the license, or by the levocation thereof, as liereinabove provided. The said commissioner shall liavc the power to subpoena and bring before him any person within the state for the purpose of his investigation, or take the testimony of any such ])erson by deposition in the same manner as prescribed by law in .judicial procedure in the courts of this state in civil cases. \o unlawful act or violation of any of the provisions of this act on the part of any salesman, solicitor or eniiiloyee of any licensed broker ill this state shall cause the revocation of the license, ]iartial or other- wise, of the employer of said salesman, solicitor or eniiiloyee, unless it Hhall appear to the satisfaction of said loniniissioiuM' that said employer Lad guilty knowledge thereof. §13. License displayed. 'I'lic liccn^'es licrcin jirovided for when issued bliall be jiroiiiiiiciit ly disjil.'iycil in the office of the real estate broker, 545 AGRICULTURE ALAMEDA CITY. ActS 78(1-86, § 1 and no license issued hereunder sliall authorize the licensee to do business except from the location stipulated in the license, and tlie change of business location without notification to the commissioner and the issu- ance by him of a new license (which shall be without additional charge) shall automatically cancel the license theretofore issued. § 14. Commissioner of corporations iray act. The governor may ap- point the state real estate commissioner as hereinbefore provided, or he may, from time to time, designate and appoint the commissioner of cor- porations to act as said real estate commissioner, and in that case, all the powers and duties by this act provided for such real estate commis- sioner shall devolve and be imposed upon said commissioner of corpora- .tions, and said commissioner of corporations shall receive for his said services as real estate commissioner, the sum of one thousand dollars per year in addition to the salary provided for by law for said commis- sioner of corporations, which said additional salary shall be paid out of the "real estate commissioner's fund" provided for herein. TITLE 11. AGRICULTURE. ACT 78d. An act providing for the appointment of a commission to investigate and report at the forty-second session of the legislature relative to the adoption of a system of land colonization and rural credits, and making an appropriation therefor. [Approved May 17, 1915. Stats. 1915, p. 475.] Repealed by act approved June 1, 1917; Stats. 1917, p. 1573. See post. Act 3822. TITLE 12. ALAMEDA CITY. ACT 85. Charter of. [Stats. 1907, p. 1051.] Amended 1913, pp. 1154, 1720. See new charter of 1917, post Act 85a. ACT 85a. Charter of. [Stats. 1917, p. 1752.] ACT 86. An act granting to the city of Alameda the salt-marsh, tide and sub- • merged lands of the state of California, including the right to wharf out therefrom to the city of Alameda, and regulating the manage- ment, use and control thereof. [Approved June 11, 1913. Stats. 1913, p. 707.] Amendeil 1917, p. 907. The amendments of 1917 follow: § 1. Tide-lands granted to Alameda. Conditions of grant. There is hereby granted to the city of Alameda, a municipal corporation of the 35 Act 86, § 1 GENERAL LAWS. 546 state of California, and to its successors, all the right, title and interest of the state of California, held by said state by virtue of its sovereignty, in and to the salt marsh, tide and submerged lands, whether filled or unfilled, within the present boundaries of said city, and situated below the line of mean high tide of the Pacific Ocean, or of any harbor, es- tuary, bay or inlet within said boundaries, to be forever held by said city, and by its successors, in trust for the uses and purposes, and upon the express conditions following, to wit: That said lands shall be used by said city and its successors, solely for the establishment, improvement and conduct of a harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, and other utilities, warehouses, factories, storehouses, structures and appliances necessary or convenient for the promotion, ' benefit and accommodation of commerce and navigation, and said city, or its successors, shall not, except as herein authorized, at any time, grant, convey, give or alien said lands, or any part thereof, to any indi- vidual, firm or corporation for any purpose whatever; provided, that said city, or its successors, may grant franchises thereon, for limited periods, for wharves and other public uses and purposes, and may lease said lands, or any part thereof, for limited periods, for purposes con- sistent with the trusts upon which said lands are held by the state of California and this grant, for a term not exceeding twenty-five years, and on such other terms and conditions as said city may determine, in- cluding a right to renew such lease or leases for a further term not exceeding twenty-five years or to terminate the same on such terms, reservations and conditions as may be stipulated in such lease or leases, and said lease or leases may be for any and all purposes which shall not interfere with navigation or commerce, with reversion to the said city on the termination of such lease or leases of any and all improve- ments thereon, and on such other terms and conditions as the said city may determine, but for no purpose which will interfere with navigation or commerce; subject also to a reservation in all such leases or such wharfing out privileges of a street, or of sucli other reservation as the said city may determine for sewer outlets, and for gas and oil mains, and for hydrants, and for electric cables and wires, and for such other conduits for municipal purposes, and for such public and municipal pur- jioses and uses as may be doomed necess!u-v liv the said city, upon com- pensation being made for the iiijnrv ;niii d;uiia^(> done to any improve- iiicnt or structure thei'pou. I'rovi'lcd, tiirthcr, tiiat in the granting of any and all such leases the city council shall, whenever in its judgment it can reasonably do so, give jircference to the owners of uj)land abutting on the salt marsh, tide or submerged land pro])osed to be leased; provided, however, that the said city of Alameda may grant, give, convey and alien such lands or any |)ortion thereof, forever to the United States for public purposes of the United States; providetl, however, that no such grant shall be niafle unless ant liori/.cd ■■ind ;i|i|irii\cd liy a vote of the majority of the electors of such iiiiinici pal c(ii|joi n 1 ion vdtiiig ii]) on the proposition of making such grant at an elcitiun llicrciii, at which such proiiositioii shall have been submitted. 547 ALAMEDA COUNTY. Act 96b, §§1,2 This grant shall carry the right to such city of the rents, issues and profits in any manner hereafter arising from the lands or wliarfing out privileges hereby granted. The state of California shall have, at all times, the right, together with the city if there be no lessee or licensee, or together with the les- see or licensee, if there be a leS'See or licensee, to use, without charge, all wharves, docks, piers, slips, quays constructed on said lands or any part thereof, except wharves, docks, piers, slips, quays or other im- provements constructed on such lands by the United States for public [uirposes of the United States, for any vessel or other water craft, or railroad, owned or operated by the state of California. No discrimination in rates, tolls or charges for use or in facilities for any use or service in connection with wharves, docks, piers, slips or quays or property operated by the city, or property leased, the use of which is dedicated by the lessee or licensee for a public use, shall ever be made, authorized or permitted. There is hereby reserved in the people of the state of California the right to fish in the w^aters on which said lands may front with the right of convenient access to said waters over said lands for said purpose, such enjoyment of access and right to fish to be regulated by ordinance of the city of Alameda, so as not to interfere, obstruct, retard or limit the right of navigation or the rights of lessees or licensees under lease or license given. All leases and licenses granted by ordinance of the city of Alameda prior to the first day of April, one thousand nine hundred seventeen, and the terms and conditions expressed therein are afiirmed. [Amend- ment approved May 24. 1917; Stats. 1917, p. 907.] §2. Expenditures recLUired. Section two of said act, ai)i)roved June 11, 1913, is hereby repealed. [Approved May 24, 1917; Stats. 1917, 1>. 909.] TITLE 13. ALAMEDA COUNTY. ACT 96b. An act to increase the number of judges of the superior court of the county of Alameda, and for the appointment of such additional judges. [Approved May 5, 1917. Stats. 1917, p. 242. In effect July 27, 1917. J § 1. Judges increased in Alameda county. The number of judges of the superior court in the county of Alameda, state of California, is hereby increased from six to eight. § 2. Appointment. Election. Within thirty days after this act be- comes a law the governor shall appoint two additional judges of the superior court in the county of Alameda, state of California, who shall hold office until the first Monday after the first day of January, A. D. 1919. At the next general election, to he held in November, A. D. 1918, two additional judges of said superior court shall be elected in the said Act 184a, §§ 1, 2 general laws. 548 county, who shall be the successors to the judges appointed hereunder, to hold office for the term prescribed by the constitution and by law. § 3. Salary. The salary of such additional judges shall be the same in amount and be paid in the same manner and at the same time as the salaries of the other judges of the superior court of said county now authorized by law. TITLE 25. ANIMALS. ACT 184a. An act to create a cattle protection board, to define its powers and duties, to protect the breeders and growers of cattle from theft, to provide for the registration of cattle brands and the licensing of cattle slaughterers and sellers of the meat thereof, to provide for the inspection of cattle and cattle hides for brands and marks, to provide for the collection of license and inspection fees, to provide for the creation of a fund to be known as the cattle protection fund, and to provide penalties for violation of the provisions hereof. [Approved May 28, 1917. Stats. 1917, p. 1237. In effect .July 27. 1917.] § 1. Cattle protection board created. Term. Appointees. Cattle protection fund. Duty of board. That there be and is hereby created a cattle jirotection board, to be appointed by the governor of the state of California, which shall consist of three members, two of whom shall be identified with and experienced in the cattle industry of the state of California and the other shall be the state veterinarian. Said board shall elect one of their number chairman. The members of said board shall each receive ten dollars per day for the time by him necessarily employed in discharging the duties required in this chapter; provided, however, that in no one year shall the board be in session more than sixty days, except upon the call of the governor. The members of said board shall hold office during the pleasure of the governor. Said board is hereby authorized to appoint a secretary, counsel, inspectors, and such clerks as may be necessary to carry out the provisions of this act, and fix the salaries of said appointees. Such per diem and expenses of said members of the cattle protection board, as well as the salaries and expenses of all appointees of said board, in- cluding all other additional expenses incurred by enforcement of this act as hereinafter provided, shall be paid out of the cattle protection fund which fund is hereafter provided. Said board is hereby authorized, and it is made its duty, to exercise a general supervision over, and protect the cattle of this state from theft and to make such rules and regulations as may be necessary to carry out the purposes and intent of this act. § 2. Cattle brands. Record. Districts. Every person owning cattle in this state except as hereinafter provided ma;\ adopt a brand with which to brand his cattle; providcil, sncl: l>i;iii,l be not similar to the 549 ANIMALS. Act 184a, §§ 3-7 brand heretofore adopted by any other person, except by special permit issued by the cattle protection board. Said board shall cause said brands to be recorded in books kept for that purpose. The recording of a brand shall consist of depicting in the brand book a facsimile of the design of the brand adopted, together with an entry in said book bearing a statement of the name, residence, and postoffice address of the person adopting the same, the date the brand was presented for record, the place upon the animal where the brand is proposed to be used, the number of the district and a statement of the location of the range whereon such animals are to range. Before any such record shall be made, proof shall be made that the person applying to have such brand recorded is the owner thereof and entitled to use the same. The said board may divide the state into a number of districts. Such districts may be changed from time to time, so that all of the persons engaged in raising cattle within the state of California may adopt and record a brand, without requiring that any one brand shall be adopted or recorded in any two contiguous districts; provided, however, that where cattle in two or more contiguous districts are owned by one per- son, said person shall have the right to the use of said brand in con- tiguous districts. § 3. Fees. Forfeiture. The sum of two dollars shall be paid to said board for the recordation of any brand; for the right to the con- tinued use of said brand, under the provisions of this act, the owner thereof shall before the first day of January of each year after its re- cordation transmit to the board the sum of one and one-half dollars. A failure to make such payment shall forfeit the right to use said brand. When the right to any brand recorded hereunder shall have become forfeited, said brand shall not be recorded by any other person until after the expiration of one year from the date of the forfeiture thereof. § i. Unrecorded brand. No person shall brand any cattle in this state with a brand that has not been recorded under the provisions of this act, nor use any device to obliterate a brand. § 5. Sale of range cattle. Upon the sale or transfer of any range cattle in this state, the actual delivery of such animal shall be accom- panied by a written bill of sale, giving the number, kind and marks and brands of each animal, which bill of sale shall be signed by the party giving the same and acknowledged by him before two subscribing wit- nesses who have been freeholders of the county for at least two years. § 6. Not applicable to registered, etc., cattle. It is hereby expressly provided that the provisions in this act shall not apply to registered purebred cattle or purebred cattle which can be identified as being en- titled to registration, or to the dressed carcasses of veal with unmarked or unbranded hides thereon, or cows actually used for dairy purposes. § 7. License to slaughter cattle. Bond. Annual fee. Monthly report to board. Forfeiture of license on failure to make statement. It shall be unlawful for any person to slaughter any cattle or offer for sale, barter or exchange the meat thereof, unless he shall have a license there- Act 184a, § 7 general laws. 550 for issued in aceordauce with the provisions of this act, except as herein otherwise provided. Every person slaughtering cattle as a business shall do so in a desig- nated slaughter-house, and before he shall begin the business of slaugh- tering cattle or selling the meat thereof, he shall first procure from the board a license to carry on such business, under the conditions and upon the payment of the fees herein provided for. After procuring such license and before engaging in such business he shall execute a bond to the state of California, in the penal sum of one thousand dollars ($1,000) to be approved by the secretary of the board, conditioned that such person shall not slaughter, sell or expose for sale any cattle or the meat thereof, without first being the legal and equitable owner thereof, or being authorized to so slaughter, sell or expose for sale such animal, or the meat thereof, by such owner, and that in case he shall violate any of the provisions hereof, he shall pay therefor double the value of such animal. The amount so recovered shall be paid as follows: One- half to the owner of such animal and the remaining one-half to the cattle protection fund. Said board shall grant to every applicant therefor, who complies with all the provisions of this act a license to slaughter cattle and sell the meat thereof for the unexpired portion of the calendar year in which said license is granted. Every applicant for such a license shall pay to said board the follownng annual fee which shall be paid in advance: For applicants who slaughter less than ton head per month, one dollar per annum. For applicants who slaughter more than ten head and less than fifty head per month, ten dollars per annum. For applicants who slaughter more than fifty head per month, twenty-five dollars per an- num. For a shorter term than one year a proportionate part of said fee shall be paid. The applicant for such license shall state in Ms appli- cation where his slaughter-house is located, and during the term of such license he shall not slaughter any cattle at any other place than that specified in his license. If the holder of a license desires to change the location of his slaughter-house, he shall apply to said board to have such license transferred and the board may reissue such license without any additional fee. Every holder of such a license shall, at tlie ex})iratioii of each calen- dar month, make a written report and send the same by registered mail to said board. Such report shall include the following: (a) 'i'lie number and sex of the cattle slaughtered in sucli ostablish- luciit during the calendar month just past. (1)) The names and addresses of persons from whom said cattle were purchased or otherwise obtained. (c) The brands and marks on said cattle. (d) The dates on which said cattle were j>urcdiase(l or otherwise ob- tained and the dates nn which i-nid cnttli' were slaughtered. Said statement shall lie signed l)y such licensee or his ]iriated under this act for each department or in- stitution for the two years ending June thirtieth, nineteen hundred seventeen, shall be expended during any one month without the con- sent of the state board of control, and not more than one-half of such appropriation shall be expended during the sixty-seventh fiscal year, unless the same has been expressly authorized by this act. § 5. Excess expenditures forbidden. The oflicers of the various de- jiartments, boards, commissions and institutions for whose benefit and support appropriations are made in this act are expressly forbidden to make any expenditure in excess of such appropriations, except the unanimous consent of the state board of control be first obtained, and a certificate, in writing, duly signed by every member of said board, of the unavoidable necessity of such expenditure; and any indebtedness attempted to be created against the state in violation of the provisions of this section shall be absolutely null and void; and shall not be al- lowed by said state board of control nor paid out of any state appro- ]iriations; provided, that any member of any such department, board, com- missions or institutions, who shall vote for any expenditure, or create any indebtedness against the state in excess of the respective appro- priations made by this act, except by the unanimous consent of the state board of control, and the certificate in this section provided to be first obtained, shall be liable on his official bond for the amount of such in- debtedness, to be recovered in any court of competent jurisdiction by the person or persons, firm or corporation to whom such indebtedness is owing. § 6, Fire insurance. No money approiiriated by this act shall be used to renew, or pay for the renewal of any fire insurance on any public building or property, nor to effect or pay for any new insurance on any jiublic building or property, excejjf the state printing office and its contents. §7. Urgency measure. This act, inasmuch as it provides for an ap- propriation for the usual current expenses of the state shall, under the provisions of section one, of article four, of the constitution of the state of California, take effect immediately. TITLE 32. ' ARCATA. ACT 223. An act granting to the city of Areata tide and submerged lands of the state of California, including the right to wharf out therefrom to the Act 223, § 1 GENERAL LAWS. 556 city of Areata, and regulating the management, use and control thereof. [Approved May 18, 1917. Stats. 1917, p. 708. In effect July 27, 1917.] § 1. Tide-lands granted to Areata. Use of lands. Right to rents. Right of state to use wharves. No discrimination in rates. Right to fish reserved. There is hereby granted to tiie city of Areata, a municipal corporation of the state of California, and to its successors, all the right, title and interest of the state of California, held by said state by virtue of its sovereignty, in and to all tide and submerged lands, whether filled or unfilled, situate in the county of Humboldt, state of California, and described as follows, to wit: Commencing at a point south eighty-nine and one-half degrees west five and ninety-one one hundredths chains, and south thirty-one degrees fifty-two minutes west sixteen and twenty-seven one hundredths chains from the center of section thirty-two, township six north, range one east of Humboldt meridian, Humboldt county, California, running thence north two hundred fifty feet to south side of dike; thence north seventy- five degrees west one thousand seven hundred fifty feet following the south side of the dike and crossing Daniel's slough to a point on the section line between sections thirty-one and thirty-two; thence westward following the south side of the dike to a point on said dike south seventy- nine degrees west six thousand four hundred fifty feet; thence south six thousand four hundred forty feet to a point one thousand sixty feet due west of Beacon number nine; thence east four thousand feet to a point seven hundred eighty feet south of "pier," as marked on United States hydrographic chart Humboldt bay survey 1911, sheet three, thence north fifty-four and one-half degrees east two thousand three hundred seventy- five feet to the end of the fourth course as recited in the description of the tide-lands granted to the city of Areata (approved June 11, 1913); thence north eighty degrees east five thousand seven hundred fifty feet to a point on the west side of the right of way of the Northwestern Pacific Railroad Company; thence following the west line of the North- western Pacific Railroad Company's right of way to a point in the center of Butcher's slough north twenty-seven degrees and fifty minutes west four thousand five hundred feet; thence north fifty-two and one-half degrees west six and twelve one-hundredths chains; thence north seventy- one and one-half degrees west four and five one-hundredths chains; thence north fifty-three and one-half degrees west eleven and twenty- six one-hundredths chains; thence north thirty-one and one-half degrees west two and six one-hundredths chains to the place of beginning. Said lands shall be forever held by said city, and by its successors, in trust for the uses and purposes and iijion the express conditions follow- ing, to wit: That said lands shall be used by saitl city and its successors, solely for the establishment, improvement and conduct of a harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, and otlicr utilities, structures and ajipiiances neces- sary or convenient for the promotion .ukI accommodation of commerce and navigation, and said city, or its surccssors, shall not, at any time, grant, convey, give or alien said lands, or any part thereof, to any 557 ABCATA. Act 223, §1 individual, firm or corporation for any purpose whatever; provided, that said cit3', or its successors, may grant franchises thereon, for limited periods, for wharves and other public uses and purposes, and may lease said lands, or any part thereof, for limited periods, for purposes con- sistent with the trusts upon which said lands are held by the state of California and with the requirements of commerce or navigation at said harbor, for a term not exceeding twenty-five years, and on such other terms and conditions as said city may determine, including a right to renew such lease or leases for a further term not exceeding twenty- five years or to terminate the same on such terms, reservations and conditions as may be stipulated in such lease or leases, and said lease or leases may be for any and all purposes which shall not interfere with navigation or commerce, with reversion to said city on the termination of such lease or leases of any and all improvements thereon, and on such other terms and conditions as the said city may determine, but for no purpose which will interfere with navigation or commerce; subject also to a reservation in all such leases or such wharfing out privileges of a street, or of such other reservation as the said city may determine for sewer outlets, and for gas and oil mains, and for hydrants, and for electric cables aHi wires, and for such other conduits for municipal purposes, and for such public and municipal purposes and uses as may be deemed necessary by the said city; provided, however, that each person, firm or corporation or their heirs, successors or. as- signs now in possession of land or lands abutting on said lands within the boundaries of the city of Areata, shall have a riglit to obtain a lease for a term of twenty-five years from said city of said land and wharfing out privileges therefrom with a right of renewal for a further term of twenty-five years pursuant to the provisions of this act and on such terms and conditions as said city may determine and specify, subject to the right of said city to terminate said lease at the end of the first twenty-five years or refuse to renew the same, or to terminate the lease so renewed during the term of such renewed lease on such just and reasonable terms for compensation for improvements at the then value of said improvements as said city may determine and specify. Upon obtaining such lease and wharfing out privileges such person, firm or corporation, their heirs or assigns, shall quitclaim to said city any right they or any of them may claim or have to the said lands hereby granted. This gratot shall carry the right to such city of the rents, issues and profits in any manner hereafter arising from the lands or wharfing out privileges hereby granted. The state of California shall have, at all times, the right to use, without charge, all wharves, docks, piers, slips, quays and other improve- ments constructed on said lands or any part thereof, for any vessel or other water craft, or railroad owned or operated by the state of Cali- fornia. No discrimination in rates, tolls or charges or in facilities for any use or service in connection therewith shall ever be made, authorized or permitted by said city or its successors in the management, conduct or operation of any of the utilities, structures or appliances mentioned in this section. Acts 248-297, § 7 general laws. 558 There is hereby reserved in the people of the state of California the right to fish in the waters on which said lands may front with the right of convenient access to said waters over said lauds for said purpose. TITLE 38. ASEXUALIZATION. ACT 2i8. An act to provide for the asexualization of inmates of state hospitals for the insane, the Sonoma State Home, of convicts in the state prisons, and of idiots, and repealing an act entitled "An act to per- mit asexualization of inmates of the state hospitals and the Cali- fornia Home for the Care and Training of Feeble-minded Children and of convicts in the state prisons," approved April 26, 1909. [Approved June 13, 1913. Stats. 1913, p. 775.]. Amended 1917; Stats. 1917, p. 571. The amendment of 1917 follows: § 1. Asexualization of inmates of hospitals for insane before release. Before any person who has been lawfully committed to any state hospital for the insane, or who has been an inmate of the Sonoma State Home, and who is afflicted with mental disease which may have been inherited and is likely to be transmitted to descendants, the various grades of feeble- mindedness, those suffering from perversion or marked departures from normal mentality or from disease of a syphilitic nature, shall be re- leased or discharged therefrom, the state commission in lunacy may in its discretion, after a careful investigation of all the circumstances of the case, cause such person to be asexualized, and such asexualization whether with or without the consent of the patient shall be lawful and shall not render the said commission, its members or any person participating in the operation liable either civilly or criminally. TITLE 47. BANKS AND BANKING. ACT 297. An act to ileline and r('i;ula1o the business of banking. lApjiroved March 1, 1909. Stats. 1909, ]>. S7.] Amended 1911, pp. 7, 958, 1003, 1008; 1911 (Ex. Sess.), pp. 2, 115; l»i:{, pp. 130, 335; 1915, pp. 297, 1104, 1138, 1139; 1917, pp. 586, 598, (i'J2. § 7. Foreign corporations. Capital and deposits kept separate. Loans, Income as profits. Attorney. Service of process. Trust company as executor. Branch office prohibited. May lend money. No foreign cor- poration shall transact a banking business in this state without first complving wilii all the requirements of the laws of this state relative to banks as defined in this act, and without having assigned to its business in this state the amount of j.aid-up capital and surplus required by this act for the transaction of such l)usincss within this state. No foreign banking cori^oration shall transact business in this state until r)59 BANKS AND BANKING. Ac't 297, <; 7 such corporation luis made the assignment of capital requireil by this section and has received a certificate from the superintendent of banks; jirovided, that a foreign banlving corporation shall not be permitted to accept deposits of money in this state but may receive a certificate from the superintendent of banks to transact in thi? state only the business of buying or selling, paj'ing or collecting bills of exchange, or of issuing letters of credit or of receiving money for transmission or transmitting the same by draft, check, cable or otherwise, or of making loans; and provided, further, that those foreign banking corporations that now have jiower to do a banking business in this state and which now receive de- posits of money shall be permitted to continue to accept money on deposit. Any foreign banking corporation transacting business in this state shall become subject to the supervision of the state superintendent of banks. EVery foreign banking corporation, including those which were on January second, nineteen hundred thirteen, transacting business in this state, which receives any deposits or transacts any other banking business or transacts its business in such a manner as might lead the public to believe that its business is that of a bank shall conduct all its business in accordance with the statutes governing incorporated banking institutions organized under the laws of this state. The capital of any such foreign banking corporation assigned to its business in this state and all funds and deposits of money received by any such corporation in this state or for or in connection with its business in this state and all accounts and transactions of said business transacted by any snch foreign corporation in this state shall be kept separate and apart from the general business, assets and accounts of such foreign corporation in the same manner as if the business of such foreign corporation conducted within this state was that of a separate and independent corporation organized under the laws of this state for the purpose of doing a banking business and all of the provisions of this act affecting investments, loans of money, receiving deposits and conducting business in any respect shall be deemed to apply to such assigned capital, investments, loans, deposits, assets, funds and business in the same manner as if such assigned capital, investments, loans, deposits, assets, funds and business were thal^ of such separate and independent corporation; provided, that loans may be made by any such foreign corporation based on its entire paid-up capital and surplus in case such foreign corporation shall have assigned to its business in this state a paid-up capital and surplus as above pro- vided equal to twenty per centum of the deposit liability of such branch agency or office to residents of this state. Such funds and investments or loans thereof shall be appropriated solely to the security and payment of such deposits, and shall not be mingled with the investments of the capital stock or other money or property belonging to such coriJoration or be liable for the debts or obligations thereof. All income received from the investment of said funds over and above such funds as may be paid to depositors as interest or shall be carried to the surplus fund, as provided in section twenty-one of this act, shall accrue as profits to the corporation and may be transferred to its general funds. No such foreign corporation shall transact any banking business in this state until it has executed and filed with the superintendent of banks a written instrument appointing such superintendent his successor in office, its Act 297, § 7 GENERAL LAWS. 560 true and lawful attorney, upon whom all process issued by authority of or under any law of this state 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. Such service upon such attorney shall be deemed personal service on such corporation. The superintend- ent of banks shall forthwith forward by mail, postage prepaid, a copy of every process served upon him under the provisions of this section, addressed to the manager or agent of such corporation, at its principal place of business in this state. For each copy of process, the superin- tendent of banks shall collect the sum of two dollars, which shall be paid by the plaintiff or moving party at the time of the service, to be recovered by him as a part. of his taxable costs if he succeed in the suit or proceeding. No foreign corporation shall have or exercise in this state the power to receive deposits of trust moneys, securities or other personal property from any person or corporation or any of the powers specified in section six of this act, nor have or maintain an ofl&ce in this state for the transaction of, or transact, directly or indirectly, any such or similar business, except that a trust company incorporated in another state may have or exercise in this state such powers as are permitted to foreign corporations by the provisions of section ninety of this act and may be appointed and may accept appointment and may act in this state as executor of or trustee under the last will and testament of any de- ceased person, upon giving the bond required in such cases of individuals unless waived by the last will and testament making such appointment and by taking and subscribing an oath for faithful performance of such trust by the president, vice-president, secretary, manager or trust officer of said corporation; provided, that such superintendent of banks, for the time being, shall be attorney of such foreign corporation qualifying or acting in this state as such executor or trustee, upon whom process against such foreign corporation may be served in any action or legal proceeding against such executor or trustee affecting or relating to the estate or property represented or held by such executor or trustee, or any act or default of such foreign corporation in reference to such estate or projterty, and it shall be the duty of any such foreign corporation so qualifying or acting to file in the ofiice of said superintendent of banks a copy of its articles of incorporation, or of the statute chartering such corporation, certified by its secretary under its corporate seal, together with the postoffice address of its home office, and a duly executed ap- pointment of said superintendent of banks as its attorney to accept service of process as above provided, and said superintendent of banks, when any such process is served upon him, shall at once mail the papers so served to the home office of such corporation; and provided, further, that no foreign cor|»oration which may have or exercise in this state such powers as are permitted to foreign corporations by the provisions of sec; tion ninety of this act or having authority to act as executor of or trustee under the last will and testament of any deceased person shall establish or maintain, directly or indirectly, any branch office or agency in this state, or shall in any way solicit, directly or indirectly, any business as executor or Irn.stcc therein, and that for ;iny violation of this ])roviso, tlie court having Jurisdiction of such (>xecutor or trustee in said proceed- ing may in its iliscrelion, revoke the right of such foreign corporation 561 BANKS AND BANKING. Act 297, §§ 8, 9 thereafter to act as executor or trustee thcreiu; provided, that nothing in this act shall limit or affect the right of any foreign corporation doing a banking business in this state, to lend within this state, moneys of such corporation which do not form a part of the moneys, deposits or assets of such corporation assigned or belonging to its business in this state. This section shall not be construed to prohibit foreign banking cor- porations, which do not maintain an office in this state for the transac- tion of business, from making loans in this state secured by mortgages on real property, nor from accepting assignments of mortgages covering real property situated in this state, nor from making loans through cor- respondents which are engaged in the business of banking in this state under the laws of this state. [Amendment approved May 17, 1917; Stats. 1917, p. 598.] § 8. Copy of articles of incorporation. Affidavit, livery corporation, at the time it applies for a certificate of authority to do a banking business, must file with the superintendent of banks a certified copy of its articles of incorporation, or of the statute chartering such corpora- tion, a certified copy of its by-laws, and also a certified copy of all in- struments amending or altering such articles of incorporation or charter or by-laws. Thereafter a certified copy of each amendment or certificate designed to increase or decrease the capital stock, to change the number of the directors, to amend the articles of incorporation, to change the principal place of business, or the name of such corporation, or to effect any other organic change shall likewise be so filed before such instru- ment takes effect. There must also be filed in the office of the superin- tendent of banks before he shall issue his certificate a certified copy of the affidavit required by section two hundred ninety a of the Civil Code. Each certification required by the provisions of this section other than that of by-laws must be by the secretary of state. [Amendment ap- proved May 17, 1917; Stats. 1917, p. 601.] § 9. Approval for opening branch office. Capital. Discontinuance. Certificate of authority. Fee. Savings banks in schools. Penalty. No bank in this state, or any officer or director thereof, shall hereafter open or keep an office other than its principal place of business, without first having obtained the written approval of the superintendent of banks to the opening of such branch office, which written approval may be given or withheld in his discretion, and shall not be given by him until he has ascertained to his satisfaction that the public convenience and advantage will be promoted by the opening of such branch office; provided, that no bank or any officer or director thereof, shall open or maintain any such branch office unless the capital of such bank, actually paid in, in cash, shall exceed the amount required by this act by the sum of twenty-five thousand dollars for each loranch office opened and maintained in the place where its principal business is transacted; and provided, that for each branch office opened or maintained by any bank, other than a bank transacting only the business described in section six of this act, in any place in this state other than the place where the principal business of such bank is transacted, the capital of such bank, actually paid in, 36 Act 297. § 10 GENERAL LAWS. 562 in cash, shall exceed the amount required by this act in the sum required by this act for every bank hereafter organized in the place where each branch office is to be opened or maintained, exclusive of the capital re- quired for a trust department; and provided, also, that for each branch office opened or maintained by any corporation which has power to transact only such business as is described in section six of this act or in section four hundred fifty-three x of the Civil Code, in any place in this state other than the place where the principal business of such cor- ]ioration is transacted, the capital of such corporation, actually paid in, in cash, shall exceed the amount required by this act in the sum of twenty-five thousand dollars; and provided, further, that no branch office may be discontinued without the previous written approval of the superintendent of banks. Every bank, before it opens a branch office, shall obtain the certificate of authority of the superintendent of banks for the opening of each of said branch offices. The ap^jlicant shall pay for such certificate a fee of fifty dollars; provided, however, that, in order to encourage saving among the children of the schools of this state, a bank may, with the written consent of and under regulations ap]3roved by the superintendent of banks and, in the case of public schools, by the board of education or board of school trustees of the city or district in which the school is situated, arrange for the collection of savings from the school children by the principal or teachers of such schools or by collectors. The prin- cipal, teacher or person authorized by the bank to make collections from the school children shall be deemed to be the agent of the bank and the bank shall be liable to the pupil for all deposits made with such prin- cipal, teacher or other person, the same as if the deposits were made by the pupil directly with the bank. Every bank and every such officer or director violating the provisions of this section shall forfeit to the peo- ple of the state the sum of one hundred dollars for every day during which any branch office hereafter opened shall be maintained without such written approval. [Amendment approved May 17, 1917; Stats. 1917, p. fiOl.] § 10. Qualifications for bank director. Bank without capital stock. No person shall be eligible for election as director of a bank having a capital stock unless he is a stockholder of the bank, owning, in his own right, shares thereof of the |>ar value of at least five hundred dollars; and every person elected to be director who, after such election, shall cease to be the owner in his own riglit of the amount of such stock aforesaid, or shall hyjiothecate or in any way pledge such stock as secu- rity for any loan or debt shall immediately notify the superintendent of baiiks in writing of such sale or hypothecation and such director may !,(• rcMHjvcMJ from 1lif ollice of direclor iiy the superintendent of banks; provided, however, that any executor or executrix, administrator or administratrix holding shares of a bank of the par value of five hundred dollars, in his or her representative capacity shall be eligible for election as a director thereof. If a bank be organized without capital stork, no person shall be eligible as a director thereof unless he is both a niem])er and a de[)Ositor of sudi liank. | A niiihliiient approved May 17, 1017; Stats. 1917, p. W2.} 563 BANKS AND IJANKINCi. Aet 207, i; ^ 12r-20 § 12c. Foreign corporations may lend money in state. Representative. License. Fee. Any corporation organized under the laws of any country or state otlier than this state which has complied with all of the laws of this state pertaining to foreign corporations and is not engaged in the liusiness of banking or receiving money on deposit in this state may lend money or buy and sell bonds in this state and, for that purpose, may maintain offices in this state, and sue and be sued in this .state under its pro])er corporate name, notwithstanding any prohititions con- tained in this act as to the use of any words in the name, signs or advertising matter of corporations not under the supervision of the sujjerintendent of banks; provided, that nothing in this aet shall be construed to prohibit any representative of ^ny foreign banking cor- poration from maintaining an office in this state as the office of a repre- sentative and not the place of business of a bank or trust company, nor to prohibit such representative from making use of any office sign at the place where such representative's office is maintained having thereon words indicating that such office is the place of business of a representative of a foreign bank or trust comj^any; and provided, further, that any representative of a foreign bank maintaining an office within this state may make use of such foreign bank's letterheads, circulars and other printed matter in the transaction of business as such repre- sentative; and provided, further, every representative of any foreign bank or trust company before opening an office as a representative shall have received a license from the superintendent of banks to open such representative's office. Such license may be issued upon application to the superintendent of banks and the payment of an annual license fee of fifty dollars and^may be refused or revoked by the superintendent of banks at his discretion. [Amendment approved May 17, 1917; Stats. 1917, p. 603.] § 13. Corporation forbidden to engage in banking. Express com- panies, etc., may transmit money. No corporation, domestic or foreign, other than a corporation formed under or subject to the banking laws of this state or of the United States, except as permitted by such laws, or other than an express company as hereinafter defined in this section, shall *by any implication or construction be deemed to possess the power of carrying on the business of discounting bills, notes or other evidences of debt, of receiving deposits, of buying and selling bills of exchange, or of issuing bills, notes or other evidences of debt for circulation as money, or of engaging in any other form of banking; nor shall any such corporation, except an express company having contracts with rail- road companies for the operation of an express service upon the lines of such railroad companies, or a transatlantic steamship company, or a transpacific steamship company, or a telegraph company, or a telephone company, possess the power of receiving money for crausmission or of transmitting the same, by draft, traveler's check, money order or other- wise. [Amendment approved May 17. 1917; Stats. 1917, p. 603.] § 20. Total reserves of commercial banks. How maintained. If mem- ber of federal reserve bank. Penalty. Reserve depositaries. Required capital; New York banks. Restoration of reserves. Definitions of Act 297, § 20 GENERAL LAWS. 564 "reserves." Every commercial bank shall maintain total reserves against its aggregate deposits, exclusive of state, county and municipal deposits for the repayment of which bonds have been deposited as security, as follows: 1. Eighteen per centum of such deposits if such bank has its principal place of business in a city having a population of one hundred thousand or over. 2. Fifteen per centum of such deposits, if such bank is located in a city having a population of fifty tliousand or over and less than one hundred thousand. 3. Twelve per centum of such deposits if such bank is located else- where in the state. At least one-third of the total reserves shall be maintained as reserves on hand and shall consist of gold coin, gold bullion, United States gold certificates or United States notes; in addition thereto, at least one-sixth of the total reserves shall be maintained as reserves on hand and shall consist of gold coin, gold bullion. United States gold certificates. United States notes or any form of currency authorized by the laws of the United States, and the remainder of the total reserves required by the provisions of this section shall be maintained as reserves on deposit or as reserves on hand; such reserves on hand to consist of gold coin, gold bullion, United States gold certificates, United States notes or any form of currency authorized by the laws of the United States. If any bank shall have become a member of a federal reserve bank, it may maintain as reserves on deposit with such federal reserve bank such portion of its total reserves as shall be required of members of such federal reserve bank. If any bank shall not maintain the total reserves required the super- intendent of banks may impose a penalty upon it, based upon the length of time such encroachment upon its total reserves amounting to one per centum or more of its aggregate deposits shall continue, at the following rates: 1. At the rate of six per centum jkm- annum upon any such encroach- ment not exceeding two jier centum of such deposits. 2. At the rate of eight per centum per annum upon any additional encroachment in excess of two and not exceeding three per centum of such deposits. 3. At the rate of ten per centum per annum upon any additional encroachment in excess of three ;iihI iiol exceeding four per centum of such deposits. 4. At the rate of twelve per centum jkt ainuim upon any additional encroachment in excess of four per centum of such deposits. The superintendent of banks shall, in his discretion, upon the nomina- tion of any Ijank, designate a depositary or depositaries for the reserves on deposit of such bank provided for by this act. Except as otherwise jiiovided in tliis section, such depositary shall be a bank or national hanking association located in this state. Every reserve depositary, whicli has its principal place of business in a judicial township or in a city located in tliis state in which the populaton is less than fifty thou- sand, shall have at all times as its total reserves an amount equal to the total reserves required by the i)rovisions of this section for every bank 565 BANKS AND BANKING. Act 297, § 28 which has its priucipal place of business in a city having a population of fifty thousand or over and less than one hundred thousand. But no bank or national banking association shall hereafter be designated as a depositary of any such reserves unless it shall have a combined capital and surplus of not less than the following amounts: 1. Two hundred fifty thousand dollars, if located in a city which has a population of three hundred thousand or over; 2. Two hundred thousand dollars, if located in a city which has a popu- lation of one hundred thousand or over and less than three hundred thousand; 3. One hundred fifty thousand dollars, if located in a city which has a population of fifty thousand or over and less than one hundred thousand; 4. One hundred thousand dollars, if located elsewhere in the state. Such depositary may also be a banking corporation with a capital and surplus of one million dollars or more, located in the cities of New York, Chicago, Boston, St. Louis, or Philadelphia. If the total reserves of any bank shall be less than the amount re- quired by this section, such bank shall not increase its liabilities by making any new loans or discounts, otherwise than by discounting bills of exchange on sight, or by paying any dividends from profits until the full amount of its total reserves has been restored. The superintendent of banks may notify any bank whose total reserves shall be below the amount herein required, to restore such total reserves; and, if it shall fail for thirty days thereaiter to restore such total reserves, such bank shall be deemed insolvent and may be proceeded against under the provisions of this act; provided, that all deposits of money herein permitted or re- quired shall comply with the provisions of section forty-three of this act. The term, "reserves on hand," when used in this act, means the reserves against deposits kept, pursuant to the provisions of this act, in the vault of any bank or in any safety deposit box in any other bank in this state, said box to be under the exclusive control of the depositing bank. The term, "reserves on deposit," when used in this act, means the reserves against deposits maintained by any bank pursuant to this act in reserve depositaries, or in a federal reserve bank of which such bank is a member, and not in excess of the amount authorized by this act. The term, "total reserves," when used in this act, means the aggregate of reserves on hand and reserves on deposit maintained ])ursuant to the provisions of this act. The term, "reserve depositary," when used in this act, means a bank, trust company or banking corporation designated by the superintendent of banks on the nomination of the depositing bank as a depositary for reserves on deposit. [Amendment approved May 17, 1917; Stats. 1917, p. 604.] § 28. Signs must show kind of bank. "Branch." Every bank 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 business, or the word "trust" if it conducts a trust business, and the word "commercial" if it conducts a commercial business. Every bank, which maintains a branch office, must on all window signs and in advertising, and on letter-heads and other Act297, §31a general laws. 566 stationery on which the business of said branch ofifice is transacted, use in letters and type, equal in prominence to that used in its corporate name, the word "branch" and the name of the place where its principal business is located. [Amendment approved May 17, 1917; Stats. 1917, p. 606.] § 31a. Consolidation of banks. Eatification by stockholders. Notice. Publication. Articles of Incorporation and consolidation. Certificate of authorization. Obligations not impaired. Right to increase stock. Any bank incoijiorated under the laws of this state may eousolidate with one or more banks incorporated under the laws of this state, its capital stock, properties, trusts, claims, demands, contracts, agreements, obligations, debts, liabilities and assets of every kind and description, upon such terms and in such manner as may be agreed upon by their respective boards of directors, a copy of which agreement must be filed in the office of tile superintendent of banks; provided, that such agreement shall be subject to the approval of the superintendent of banks and shall not be valid until such approval be obtained; provided, further, that no such consolidation shall take effect until such agreement shall have been ratified and confirmed in writing by the stockholders of the respective banks holding of record at least two-thirds of the issued capital stock of their respective banks, or such agreement may be submitted to the stockholders of each of such corporations at a meeting thereof to be called upon notice specifying the time, place and object thereof, ad- dressed to each stockholder at his last known postoftice address and deposited in the postoffice, postage prepaid, at least two weeks prior to the date fixed for said meeting, and published for at least two succes- sive weeks, prior to the date of said meeting, in a newspaper in each of the counties of the state in which any of such banks shall have its principal ])lace of business, and if such agreement shall be approved at each of such meetings of the respective stockholders separately by the vote or ballot of the stockholders owning at least two-thirds of the stock of each such bank, the same shall be the agreement of such banks. In case of such consolidation "articles of incorporation and consolidation" must be prepared, setting forth: First — The name of the new corporation; Second — The purpose for which it is formed; Tiiird — The place where its principal business is to be transacted; Fourth — The term for which it is to exist, which shall not exceed fifty years; Fifth — The iiuinbei' of its directors (which sliall not bo less than three) -.111(1 the names and residences of the persons apiioiiited tn act as such until their successors are elected and qualilicil; Sixth — The amount of its cajiiial slock and t lie iminbei- of sliares into which it is divided; Seventh — The amount of stock actually subscribed, and by wlnim; Eighth — The names of the constituent corporations. Said articles of inc()i'|iora1 inn and consuliiliit ion ninst lie signed and connlcrsigncd b\' the iiri'siiU'iit and secretary (if ^'■.^v\\ consf i1 ueiit cor- |,(,r;itiiiii ;iiiil scnb'il with tlicir c(ir|i(ira I c scnls. 'j'lici'c niusi b(> annexed tliiTctci iIh' a|i]ir<)\!il of the supcri ntcmlcnl of banks and inetuoranda of 567 BANKS AND BtVNKING. Act 297, § ola the ratifieatiuii aiul cciifiniiatioii thereof by tlie stockholders of each constituent c'oi[ioration, which must be respectively signed and acknowl- edged by stockholders representing at least two-thirds of the capital stock of their respective corporations. When completed as aforesaid said articles must be filed in the office of the county clerk of the county in which is located the principal place of business of the new corpora- tion, and a copy of the articles of incorporation and consolidation certi- fied by such county clerk must be filed in the office of the secretary of state, who must issue, over the great seaf of the state, a certificate that a copy of the articles of incorporation and consolidation containing the required statement of facts has been filed in his office. The secretary of state must file in his office a duplicate of the certificate hereinbefore provided for and copies thereof, duly certified by the secretary of state, shall have the same force and effect in evidence as the original. A copy of the articles of incorporation and consolidation, certified by said secretary of state, must be filed in the office of the suijerintendent of banks, and also in the office of the county clerk of any county in which were filed the original articles of incorporation of either of the con- stituent corporations. When the superintendent of banks issues the cer- tificate of authorization provided for by section one hundred twenty-eight of this act the new or consolidated corporation shall be a body politic and corporate by the name stated in the certificate, and for the term of fifty years, unless it is, in the articles of incorporation and consolida- tion, otherwise stated and thereupon each constituent corporation named in the articles of incorporation and consolidation must be deemed and held to have become extinct in all courts and places, and said new cor- poration must be deemed and held in all courts and places to have suc- ceeded to all their several capital stocks, properties, trusts, claims, demands, contracts, agreements, assets, choses and rights in action of every kind and description, both at law and in equity, and to be en- titled to possess, enjoy, and enforce the same and every thereof, as fully and completely as either and every of its constituents might have done had no consolidation taken place. Said consolidated or new corporation must also, in all courts and places, be deemed and held to have become subrogated to its several constituents and each thereof, in respect to all their contracts and agreements with other parties, and all their debts, obligations, and liabilities, of everj^ kind and nature, to any persons, corporations, or bodies politic, whomsoever, or whatsoever, and said new corporation must sue and be sued in its own name in any and everj' case in wdiich any or either of its constituents might have sued or might have been sued at law or in equity had no such consolidation been made. Nothing in this section contained shall be construed to impair the obliga- tion of any contract to whom any of such constituents were parties at the date of such consolidation. All such contracts may be enforced by action or suit, as the case may be, against the consolidated corporation, and satisfaction obtained out of the property which, at the date of the consolidation, belonged to the constituent which was a party to the con- tract in action or suit, as well as out of any other i)roperty belonging to the consolidated corporation, and the stockholders of each constituent corporation so entering into such agreement shall continue subject to all the liabilities, claims and demands existing against them at or before Act 297, §§ 35-45 general laws. 568 such consolidation to the same extent as if the same hail not been made. The right of said new corporation to increase or decrease its capital stock, to change the number of its directors, to amend its articles of incorporation, to change its principal place of business, or its name, or to effect any other organic change shall be governed by the general cor- poration laws of this state and by the bank act, and the procedure to effect any such dhange shall be that defined by the general corporation laws and the bank act. The superintendent of banks shall transmit to the secretary of state a duplicate of the cCTtificate of authorization hereinbefore referred to and the secretary of state shall file the same in his office. The superin- tendent of banks shall also file a duplicate of such certificate in his own office. [Amendment approved May 17, 1917; Stats. 1917, p. 606.] § 35. Consent to purchase certain contracts. No bank shall purchase any contract arising from the sale of real estate or any note or bond in which contract, or note, or bond any director, officer, employee, or con- trolling stockholder of such bank is personally or financially interested, directly or indirectly, for his own account, for himself, or as the partner or agent of others, without the previous consent in writing of the super- intendent of banks. [Amendment approved May 17, 1917; Stats. 1917, p. 609.] § 41. Consent for officer to purchase assets at discount. No officer, di- rector, agent, or other employee of any bank shall directly or indirectly, for his own personal benefit, purchase, or be interested in the purchase of any of such bank's obligations or assets for a less sum than shall ap- [)ear upon the face of any such obligations or assets to be the value thereof except with the previous consent of all the directors of said bank, such consent to be evidenced by a resolution adopted by said directors. A certified «opy of said resolution shall immediately be transmitted to the superintendent of banks. Every person violating any provision of this section, shall for each offense forfeit to the people of the state, twice the faK;-e value of any such obligations or assets so purchased. [Amend- ment approved May 17, 1917; Stats. 1917, p. 609.] §43. Deposit of funds in another bank. No bank shall deposit any of its funds in any other bank unless such otiier Ijank has been nominated as a depositary for its funds by the vote of a majority of the directors, or trustees of the bank making the deposit, and such other bank has been designated by the superintendent of banks as such depositary. The superintendent of banks may in his discretion revoke such a designation. [Amendment ajjproved May 17, 1917; Stats. 1917, p. 609. | § 4.'3. Interest unpaid, hitfrcst unpaid, aUhoiigh due or accrued, on debts owing to any bank, ^iiiill not be inrhidi'd in calculation of its profits j)revious to a dividend; nor shall any bank, except with the pre- vious written consent nf the su|irrintcndcnt of banks, enter or at any time carry on its Imtiks ;iny of its assets at a valuation exceeding its actual cost to such bunk. 1 Amendnient ;ippro\cd May 17, 1017; Stats. 1917, p. 009.] 569 BANKS AND BANKING. Act 297, § 54 § 54. Real estate to be sold within five years. Appraisal of value. Notice of sale. Minimum price. Fees. Costs. All real estate pur- chased by any baiik at sales under pledges, mortgages or deeds of trust for its benefit for money loaned and such as may be conveyed to it by borrowers in satisfaction and discharge of loans made thereon and all other real estate owned or held by it, which is not necessary for carrying on its business, must be sold or exchanged for other real estate by such bank wuthin five years after title thereto shall have vested in it by pur- chase or otherwise; provitied, however, that no exchange of such real estate for other real estate shall be made unless and until written con- sent thereto shall first be given by the superintendent of banks; and provided, further, that any real estate so taken in exchange may be held for such period of time as the superintendent of banks may fix but not to exceed five years. Parcels of such real estate not sold or exchanged within said time may be purchased by any person wanting the same upon the conditions and proceedings following: The intending purchaser may file a petition in the superior court in and for the county wherein said real estate or any portion thereof is situated; upon the filing of such petition a citation shall be issued out of said court directed to the bank owning such real estate recjuiring such bank to show cause on a day cer- tain which shall be not earlier than ten days after the service of such citation, why commissioners should not be appointed by said court for the purpose of ap]iraising the value of the real estate described in the petition and of selling the same at public auction under the provisions of this section. If there shall be any liens or encumbrances of record against such real estate the person or persons holding such liens or en- cumbrances shall likewise be cited and the court shall in its final decree distribute the proceeds of such sale, if a sale thereof shall be made, according to the equities of the parties. If it shall appear at the hearing of such petition that the real estate therein sought to be purchased is held by such bank in violation of the provisions of this section or of the constitution of this state, the court shall appoint three commissioners to appraise the value thereof and sell the same at public auction at the county seat of the county wherein said real estate or any part thereof is located. Notice of which said sale shall be given to the bank owning said real estate and to any other persons interested therein as shown by the records of such county at least ten days before the date of suchi sale and shall be published once a week for three successive weeks in some newspaper published in the county where such real estate or any part thereof may be located, or if no newspaper shall be published in such county then in a newspaper published in some neighboring county. Such notice shall state the time and place of such sale and shall describe the real estate to be sold with common certainty and state the value thereof as fixed by the appraisement of such commissioners and state that no bid less than such appraised value will be received therefor. No sale shall be made for an amount less than the appraised value of such real estate fixed by said commissioners, and in the event that no bid is re- ceived at such sale at least equal to said appraised value of said real estate no intending purchaser can institute the proceedings provided for in this section within one year thereafter. In ease of any sale made under the provisions of this section and of the refusal of any bank owning such Act 297, § 61 - GENERAL LAWS. 570 real estate or of an}' lienholder or eneumbraneer to execute the eonvey- auces or releases necessary or proper to vest the title of such bank, lien- holder or encumbrancer in the purchaser thereof the court shall have power in such proceedings to direct said commissioner to execute such deeds, conveyances or releases upon the payment to them of the purchase price therefor. The fees of such commissioners and cost of sale shall be fixed by the court, upon making such appointment, but the entire expense tliereof shall not exceed one hundred dollars. The cost of any such pro- ceedings shall be borne by the intending jiurchaser if no sale shall be made, but if a sale shall be made the cost of such proceedings shall be borne by the purchaser of the property and the person who filed the peti- tion and advanced the costs of such proceedings shall be reimbursed in case he shall not become such purchaser. All sales hereunder shall be returned to the court having jurisdiction of the matter in the same man- ner as in the case of sales, by commissioners, of real estate on fore- closure of mortgages. Nothing in this section contained shall be deemed to affect the power of the superintendent of banks to require the writing down of the value of real estate held by any bank, at any time, when such writing down shall be proper. [Amendment approved May 17, 1917; Stats. 1917, p. 622.] §61. Purchase of real or personal property by savings banks. Any .savings bank may purchase, hold and convey real or personal propert}' as follows: 1. Bank premises, etc. The lot and building in which the business of the bank is carried on; furniture and fixtures, vaults and safe deposit vaults and boxes necessary or proper to carry on its banking business; such lot and building, furniture and fixtures, vaults and safe deposit vaults and boxes shall not, in the aggregate, be carried on the books of such bank a» an asset to an amount exceeding its paid-up capital and surplus; and hereafter, the authority of a two-thirds vote of all the direc- tors shall be necessary to authorize the purchase of such lot and building, or the construction of such building. 2. Mortgaged property. 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. :'.. Property purchased at foreclosure sales. Limitations on purchase of personal property. Purchase of bonds. Sudi as may have been pur- chased at any sales untlvv jilcdgc, mortgage or deed of trust made for its benefit for money so loaiuMl ami siuh as may be conveyed to it by bor- rowers in satisfaction and disciiarge of loans made thereon. No savings bank shall purchase, own, or sell personal property, except such as may be requisite for its immediate accommodation for the con- venient transaction of its ])usiness, notes or bonds secured by trust deeds or mortgages on real estalc hoiuls, sciiiiities or evidences of indebted- ness, public or ))rivate, gold m- .sil\<'r liiillimi and United States mint cortificateH of -ascertained value, and cvidciHes of debt issued by the United States. No savings hank shall imicliase, own, hold or convey bonds, securities or evidences of indebtedness, \n\\>\\f or private, except ;iu f■fdl'lW^<: 571 BANKS AND BANKING. Act 297, § (il (:i) United States bonds. Bonds or iuteiest-boaiiiig iiotes or obliga- tions of the United States, or those for whieli the faith and credit of the United States are picdgeil for the payment of principal and interest, or those issued under authority of the United States; (b) State of California bonds. Bonds of this state, or those for which the faith and credit of the state of California are pledged for the pay- ment of principal and interest, or those of any county, city and county, city or school district of this state; (c) State bonds. Bonds of any state in the United States that has not, within five years previous to making such investment by such bank, defaulted in the payment of any part of either principal or interest, or those of any county, city and county, city or town, in any state of the United States other than the state of California, issued under authority of any law of such state, which county, city and county, city or town, had, as shown by the federal or state census next preceding such investment, a population of more than twenty thousand inhabitants; provided, how- ever, that the "entire bonded indebtedness of such county, city and county, city or town, including such issue of bonds does not exceed fif- teen per centum of the value of the taxable property therein as shown by its last equalized assessment-roll; and provided, further, that such county, city and county, city or town,' or the state in which it is located has not defaulted in payment of either principal or interest due upon any legally authorized bond issue within five years next preceding such investment; (d) District bonds. Bonds of any district organized under the laws of the state of California which are required to be and are investigated and approved by a commission now or hereafter authorized by a law of this state to conduct such investigation and give such approval and by authority of which approval said bonds are declared to be legal invest- ments for savings banks; (e) District bonds. Bonds of mutual water company. Bonds of any district organized under the laws of the state of California not other- wise provided for in this section; or those of any mutual water company organized under the laws of this state and operating wholly within this state; provided, that all bonds specified in this paragraph shall first be certified by the superintendent of banks after an investigation in manner and form as is provided for by section sixty-one « of this act; and pro- vided, further, that no bonds of any mutual water company shall be certi- fied by the superintendent of banks unless the company issuing said bonds shall have been in continuous operation for a period of five years next preceding the application for said certificate and shall have served not less than seventy-five per centum of the lands entitled to service by said mutual water company for a period of not less than three years next preceding the application for said certificate; (f) Bonds of railroad corporation., (1) Bonds of any railroad corpo- ration incor])orated under the laws of the state of California and operat- ing exclusively therein; provided, said corporation has had net eaj-nings for the period herein fixed amounting to at least one and one-fourth times the interest on all its outstanding mortgage indebtedness; or Act 297, § 61 GENER.U. LAWS. 572 (2) Bonds of railroad corporations. Bonds of any railroad corporation incorporated under the laws of any state in the United States, operating at least five hundred miles of standard gauge track exclusive of sidings; provided, said corporation has had net earnings for the period herein fixed amounting to at least one and one-half times the interest on all its out- standing mortgage indebte-luess; or (3) Bonds of railroad corporations. Security. First mortgage. Re- funding mortgage. Trust deed on operative property. Bonds of any railroad corporation, the payment of which has been guaranteed, both as to principal and interest, by a railroad corporation meeting the require- ments of either subdivision (1) or (2) of paragraph (f ) of this section; pro- vided, that such guaranteeing corporation has had for the period herein fixed net earnings amounting to at least one and one-half times the in- terest on all its outstanding mortgage indebtedness and, in addition thereto, sufficient, taken with the earnings of all corporations whose bonds it has guaranteed, to qualify as investments for savings banks, as in this section i^rovided, all such guaranteed bonds; provided, that the excess of income of any corporation w^iose bonds have been so guaranteed, over the amount required by this section for which corporation, shall not apply to or be included in determining the income so required. In determining the income of any corporation specified in paragraph (f) of subdivision (3) of this section, there shall be included the income of any corporation or corporations out of which it shall have been formed through consolidation or merger, and of any corporation or corporations, the entire business and income producing property of which the corpo- ration issuing such bonds has wholly acquired. All bonds authorized for investment by paragraph (f) of subdivision (3) of this section must be secured by a mortgage or deed of trust which is, at the time of making such investment, either T. A closed first mortgage or deed of trust; or II. A first mortgage or deed of trust containing provisions restricting the issuance of further bonds until such time as the income of said cor- poration shall have been at least sufficient, during the twelve months next preceding the issuance of any additional bonds, to meet the earning re- quirements siiecified in the respective subdivisions of this paragraph applicable to such corporation after including the additional bonds then proposed to be issued; or III. A refunding mortgage or deed of trust providing for the retire- ment of all prior lien mortgage debts of said corporation, and restrict- ing the issuance of further bonds until such time as the income of said corporation shall have been at least sufficient, during the twelve months next preceding the issuance of any additional bonds, to meet the earning requirements specified in the respective subdivisions of this paragraph apr^licable to such corporation after including the additional bonds then proposed to be issued; or IV. An underlying or divisionaf closed mortgage or deed of trust of property which forms ;i pMit ol tlic operating system of the corporation then owning said properly. In tlu' i-ase of IjoikIs secured by an under- lying or divisional clos<'d iiinrtyMnc or deed (if trust, the net income re- quirofl by tlii« yc'tifui sliall be based exclusively upon the income, main- 573 BANKS AND BANKING. Act 297, § 61 tenanee charges, operating expenses, taxes, and mortgage indebtedness of or against the property covfered by such underlying or divisional closed mortgage or deed of trust, or, if such income, maintenance charges or operating expenses cannot be definitely ascertained, on the proper propor- tionate share of sueii property in the general income, maintenance charges, operating expenses, and taxes of the corporation then owning such projjerty and on the mortgage indebtedness of or against the prop- erty covered by such underlying or divisional closed mortgage or deed of trust; provided, however, that if the payment of the bonds secured by such underlying or divisional closed mortgage or deed of trust shall be guaranteed or assumed by the corporation then owning the property se- curing the same, such bonds shall be legal investments for savings banks, if the net income of such corporation from all sources shall equal the amount herein required, notwithstanding any insufficiency of the income derived from the property covered by such underljdng or divisional closed mortgage or deed of trust to meet the requirements of this section. No savings bank shall purchase the bonds of any railroad corporation deriving less than twenty per centum of its gross receipts from passenger revenues. The term "railroad corporation" when used in paragraph (f) of sub- division (3) of this section shall have the meaning defined in the "public utilities act." (g) Public utility bonds. Security. First mortgage. Refunding mort- gage. Trust deed on operative property. Definitions. Bonds of any street railroad corporation; or of any gas; water; pipe-line; light; power; light and power; gas, light and power; electrical; telephone; telegraph; or telephone and telegraph corporation or of any other "public utility" incorporated under the laws of the state of California; and (1) Operating exclusively in the state of California, provided said cor- poration has had, for the period herein fixed, net earnings amounting to one and one-half times the interest on all its outstanding mortgage in- debtedness; or (2) Operating its property in part within the state of California, pro- vided said corporation has had, for each of its two fiscal years next pre- ceding such investment, net earnings amounting to one and one-half times the interest on all its outstanding mortgage indebtedness; or (3) The payment of which is guaranteed, both as to principal and in- terest, by a public utility corporation meeting the requirements of either subdivision (1) or (2) of paragraph (g) of this section, provided that such guaranteeing, corporation has had for the period required in the respective subdivisions of this paragraph relating thereto, net earnings amounting to at least one and one-half times the interest on all of said guaranteeing corporation's outstanding mortgage indebtedness, and, in addition thereto, sufficient, taken with the earnings of all corporations whose bonds it has guaranteed, to qualify as investments for savings banks, as in this section provided, all such guaranteed bonds; provided, that the excess of income of any corporation whose bonds have been so guaranteed, over the amount required by this section for such corpora- tion, shall not apply to or be included in determining the income so re- quired. Act 297, § 61 GENERAL LAWS. 574 In determining tlie income of any corporation specified in paragraph (g) of subdivision (o) of this section, there shall be included the income of any corporation or corporations out of which it shall have been formed through consolidation or merger, and of any corporation the entire business and income producing property of which the corporation issuing such bonds has wholly acquired. All bonds authorized for investment by paragraph (g) of subdivision (3) of this section must be secured by a mortgage or deed of trust which is at the time of making such investment; either I. A closed first mortgage or deed of trust; or II. A first mortgage or deed of trust containing provisions restricting the issuance of further bonds until such time as the income of said cor- poration shall have been at least sufficient, during the twelve months next preceding the issuance of any additional bonds, to meet the earn- ing requirements specified in the respective subdivisions of this para- graph applicable to such corporation after including the additional bonds then proposed to be issued; or III. A refunding mortgage or deed of trust providing for the retire- ment of all prior lien mortgage debts of said corporation and restrict- ing the issuance of further bonds until such time as the income of said corporation shall have been at least sufficient, during the twelve months next preceding the issuance of any additional bonds, to meet the earning requirements of such corporation after including the additional bonds then proposed to be issued; or IV. An underlying or divisional closed mortgage or deed of trust of proj)erty which forms a part of the operating system of the corporation then owning said property. In the case of bonds secured by an underly- ing or divisional closed mortgage or deed of trust, the net income re- quired by this section shall be based exclusively upon the income, mainte- nance charges, operating expenses, taxes and mortgage indebtedness of or against the property covered by such underlying or divisional closed mortgage or deed of trust or, if such income, maintenance charges or operating expenses cannot be definitely ascertained, on the proper pro- portionate share of such property in the general income, maintenance charges, operating expenses and taxes of the corporation then owning such jjroperty and on the mortgage indebtedness of or against the prop- erty covered by such underlying or divisional closed mortgage or deed of tru.st; provided, however, that if the payment of the bonds secured by such underlying or divisional closed mortgage or deed of trust shall be guara-nteed or assumed by the corporation then owning the property securing the same, such bonds shall be legal investfnents for savings banks, if the net income of such corporation from all sources shall equal the amount herein required, notwithstanding any insufficiency of the income derived from the property covered by such underlying or divi- sion;! I closed mortgage or deed of trust to ni('(>t tlio r('(|uirenionts of tliis fcci'tioii. 'I'lie terms, "street railroad corporation," "jiipe-linc coriioration,"" "gas corporation," "electric corporation," "telephone corporation," "telegraph corporation," "water corporation," and "public utility," when used in l),'iragraiih (g) of subdivision (.3) of this section, shall eacli have the iricMiiiiig e, under appoint- 587 BANKS AND BANKING. Act 297, § 90 ment of any court or b^' authority of any law of this state, or as trustee for any purpose permitted by law, which has its principal place of busi- ness in a city in which the population does not exceed one hundred thou- sand persons and which has a capital of not l^ss than one hundred thousand dollars actually paid in, in cash, assigned to or available for the purpose of conducting business in any such capacity, or trust business of any character permitted by law, and which has made the state treasurer the deposit of money or securities t)f the character and in the amount required by the terms of section ninety-six of this act, and which has received from the superintendent of banks the certificate of authority required by the terms of section one hundred twenty-seven of this act, to transact such business, and any corporation which has been or shall be incorporated under the laws of this state, which is authorized by its articles of incorporation to act as executor, administrator, guardian of estates, assignee, receiver, depositary or trustee, under appointment of any court or by authority of any law of this state, or as trustee for any purpose permitted by law, which has its principal place of busi- ness in a city in which the population exceeds one hundred thousand persons and which has a capital of at least two hundred thousand dol- lars actually paid in, in cash, assigned to or available for the purpose of conducting business in any such capacity, or trust business of any character permitted by law, and which has made with the state treasurer the deposit of money or securities of the character and in the amount required by the terms of section ninety-six of this act, and which has received from the superintendent of banks the certificate of authority required by the terms of section one hundred twenty-seven of this act, to transact such business, may act, or may be appointed by any court to act in such capacity in like manner as an individual and when so qualified shall be known as a trust company. Any such trust company may, as provided in this act, accept or receive any deposit of money or personal property authorized, directed or permitted to be made with any such corporation by an court or law of this state, and may accept and execute any trust provided for in this act, or permitted by any law of this state, to be taken, accepted or executed by an in- dividual. Any such trust company, if located in a city the population of which does not exceed, one hundred thousand persons must segre- gate that iportion of its capital and surplus assigned to or available for its trust business and must apportion and set aside at least fifty thousand dollars of such paid-up capital as security for the faithful performance and execution of all x>rivate trusts accepted by it and must also apportion and set aside at least fifty thousand dollars of such paid-up capital as security for the faithful performance and exe- cution of all court trusts accepted by it and whenever such trust com- pany shall, under the provision of sections ninety-six and ninety-eight of this act, be required to make the first additional deposit of securities witli the state treasurer, such trust company must also apportion and set aside an additional fifty thousand dollars of paid-up capital as se- curity for the faithful performance and execution of all private trusts accepted by it and must also apportion and set aside an additional fifty thousand dollars of paid-up capital as security for the faithful perform- ance and execution of all court tru?ts accepted by it, and any such Act 297, § 98 GENERAL LAWS. 588 trust company, if located in a city, the population of which exceeds one hundred thousand persons must segregate that portion of its capital and surplus assigned to or available for its trust business and must apportion and set aside at least one hundred thousand dollars of such paid up capital as security for the faitliful performance and execution of all private trusts accepted by it and must also apportion and set aside at least one hundred thousand dollars of such paid-up capital as security for the faithful perfoi'^iance and execution of all courts trusts accepted by it; provided, that no such trust companj' shall at any time be required to apportion and set aside any portion of its surplus as security for the faithful performance and execution of such private trusts, nor shall it be prohibited from so doing; and provided, further, that the respective amounts of capital or capital and surplus so appor- tioned and set aside shall be treated in all respects as the separate capital or capital and surj^lus of each respective kind or class of business, as though the same were conducted by separate and distinct corporations, and each shall be kept, held, used and disposed of wholly for the ex- clusive benefit, protection and security of the respective classes of trust business to which the same were respectively so apportioned and set aside. In all cases in w^hich it is required that an executor, ad- ministrator, guardian of estates, assignee, receiver, depositary or trus- tee, 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 be taken and subscribed or such affidavit made by the president, vice-president, secretary, manager, trust officer, assis- tant trust officer or regularly employed attorney thereof, and such officer or employee shall be liable for the failure of such trust company to perform any of the duties required by law to be performed by an individual acting in like capacity and subject to like penalties; provided, any such appointment as guardian shall apply to the estate only, and not to the person. A foreign corporation may be authorized to act in this state as trustee for the following purposes: (1) To deliver bonds, and receive payment therefor. (2) To deliver permanent bonds in exchange for temporary bonds of the same issue. (3) To deliver refunding bonds in exchange for those of a prior issue or issues. (4) To register l)oiu]s, or to exchange registered bonds for coupon bonds, or coupon bonds for registered bonds. (5) To pay interest on such bonds, and to take u[i aiul cancel coupons representing such interest payments. (fi) To redeem and cancel bonds when callcil I'tir redemption, or to pay and cancel bonds when due. (7) The certification of registered bonds for tlie purpose of exchanging registered bonds for coupon bonds. (8) To act as trustee under any mortgage, (ieed or trust, or other instrument securing notes or bonds issued liv any coiporation. [Amend- ment aj. proved May 17, 11M7; Stats. li)17, p. (ii:..| § 98. When trust funds amount to $500,000. When funds amount to $1,000,000. Treasurers receipt, "Trust funds." Penalty. With- 589 BANKS AND BANKING. Act 297, § 98 drawal of securities. Validity of act. Whenever any trust company, the principal place of business of which is located in a city the popu- lation of which does not exceed one hundred thousand persons, receives from court trusts accepted by it, trust funds, as herein defined, to the amount of five hundred thousand dollars, it shall forthwith notity in writing the superintendent of banks of such fact, and within thirty days thereafter shall deposit with the state treasurer additional money or securities of the character mentioned and defined in section ninety- six of this act, approved as therein provided, in the amount of fifty thousand dollars; and whenever any trust company receives from court trusts such funds to the amount of one million dollars it shall further notify in writing the superintendent of banks of such fact and wi1?hin thirty days thereafter shall deposit with the state treasurer additional money or securities of the character mentioned and defined in section ninety-six of this act, approved as therein provided, in the amount of fifty thousand dollars; and for each additional five hundred thousand dollars of such trust funds thereafter received by any trust company from court trusts a similar notification in writing shall forthwith be given to the superintendent of banks, and a further deposit in the amount of twenty-five thousand dollars of such money or securities, or of se- curities, provided for in section ninety-seven of this act likewise ap- proved, shall be made, within thirty days thereafter, by such trust company with said state treasurer, until five hundred thousand dollars of such securities have been so deposited. The treasurer shall give his receipt for any money or securities so deposited and each and all of such deposits of money or securities, shall be held by said state, treas- urer for the sole benefit of the beneficiaries of the class of business for the security and protection of which same were deposited. The state shall be responsible for the custody and safe return of any money or securities so deposited with said state treasurer. The term "trust funds" when used in this section shall be deemed to mean and shall mean per- sonal property and cash, whether received with the original trust prop- erty or as rent, income or proceeds thereof, in connection with the trust, and shall not be deemed to include and shall not include real property. Any trust company failing to comply with the provisions of this sec- tion shall forfeit to the state of California one hundred dollars a day for each day during which such failure or default shall continue. Upon making a request in writing to the superintendent of banks, any such trust company shall be entitled to withdraw from the state treasurer, from time to time, a sufficient amount of such securities so that at all times the amount of such securities so deposited shall conform to the require- ments of this act, and so that at ho time shall such trust company be required to have on deposit with the state treasurer an amount of se- curities in excess of the requirements of this act. Upon receiving such request in writing, and satisfactory proof of the facts warranting such withdrawal, it shall be the duty of the superintendent of banks to forthwith deliver to the state treasurer a written order directing the withdrawal of said securities so as to conform with the provisions of this section and it shall be the duty of the state treasurer to comply with such written order. The validity or legality of any act or pro- ceeding done or taken by any such trust company, relating to or in Act 297, §§ 128, 139 general laws. 590 connection with the administration of any such trusts shall not be af- fected or impaired by the neglect or failure of such trust company, or of any officer or employee thereof, to comply with any of the provi- sions of this act, but all such acts and proceedings done or taken prior to the revocation of its certificate of authority to do such business by the superintendent of banks, under the provisions of this act, or the revocation by any court or judge thereof of the appointment, order or decree theretofore entered in such trust matter shall be as valid and effective for all purposes as if any such neglect or failure had not occurred. [Amendment approved May 17, 1917; Stats. 1917, p. 617.] §128. Certificate of authorization issued. When the certified copy of articles of incorporation of any bank 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, provided he has not withheld granting his ceitificate for any of the reasons set forth in section one hundred twenty-seven hereof, shall ascertain, from the best sources of information at his command, whether the character and general fitness of the persons named as stockholders are such as to com- mand the confidence of the community in which such 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 super- intendent of banks shall file a duplicate of such certificate in his own office. [Amendment approved May 17, 1917; Stats. 1917, p. 619.] § 139. Duty of board of directors. Report. Contents of report. When no examination made. Special examination by superintendent of banks. Report. It shall be the duty of the board of directors of every bank to examine fully, or to cause a committee of at least three of its members, none of whom shall be an officer of the 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 exam- ination to be made at least once a year, but no such subsequent yearly examinations shall bo made within three months of the next preceding examination. Such directors shall have power to employ such assis- tance in making such examinations as they may deem necessary. Within thirty days after the completion of sucli examination, a report ill 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 arc worthless or doubtful, together with their reasons 591 BANKS AND BANKING. Act 297, §§ 142, 145 for so regarding them; also a statement of loans made on collateral security, which in their opinion are insufficiently secured, giving in each case the amount of the loan, the name and market value of the col- lateral, 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 con- tain a statement of overdrafts, of the names and amounts of such as they consider worthless or doubtful, and a full statement of such other matters as affect the solvency and soundness of the bank. If the directors of such bank shall fail to make such examination or fail to cause it to be made, or shall fail to file such report of such examination in the manner and within the time specified, the superin- tendent of banks shall have authority to make or cause to be made an extra examination of such bank, at the expense of such bank. Whenever the board of directors of any bank may determine by reso- lution, duly entered in its minutes, that a special examination shall be made or caused to be made by the superintendent of banks in lieu of the examination herein required to be made by the board of directors of such bank, a certified copy of such resolution shall be transmitted to the superintendent of banks, whereupon it shall be the duty of the superintendent of banks to make or cause to be made a special examina- tion of the affairs of such bank in lieu of the examination of such bank by the board of directors thereof. Such special examination shall be made at such time as the superintendent of banks may determine but in any event such examination shall be made within sixty days after the receipt by the superintendent of banks of the resolution hereinbe- fore referred to. The cost of making such examination shall be a charge against the bank for which such examination is made. Upon the completion of such examination the superintendent of banks shall cause a report thereof in writing to be prepared and delivered to the board of directors of such bank at such time as may be fixed by the superintendent of banks, but not later than thirty days after the com- pletion of such examination. [Amendment approved May 17, 1917; Stats. 1917, p. 619.] § 142. Official reports prima facie. Every official report made by the superintendent of banks and every report duly verified of an exam- ination made, shall be prima facie evidence of the facts therein stated, for all purposes in any action or proceedings wherein the superintend- ent of banks is a party. [Amendment approved May 17, 1917; Stats. 1917, p. G20.] § 145. Powers abridged, enlarged or modified. Investments made prior to July 1, 1909. 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 ease may require to conform to the provisions of this act, notwithstanding anything to the contrary in their respective articles of incorporation or charters. All the provi- sions of this act shall apply with equal force and effect to all corpora- tions which are now doing or which may hereafter do a banking busi- ness in this state, except where express exception or exemption may Act 298, §§1-4 GENERAL LAWS. 592 be made herein, and to such other persons, associations, copartnerships or corporations who shall, by violating any of its provisions, become subject to the penalties provided herein. The legality of investments heretofore made, or title to property heretofore acquired or conveyed through transactions heretofore had by any bank pursuant to any pro- vision of law in force when such investments were made or transac- tions had, shall not be affected by the provisions of this act, except that any such investments made prior to July 1, 1909, when not com- plying with the provisions hereof, shall be changed to conform hereto; but such change shall be made gradually and in such maner as to pre- vent loss or embarrassment in the business of such bank, or unnecessary loss or injury to the borrowers on such security; provided that the legality of any investments heretofore lawfully made, pursuant to the provisions of this act as it existed on and subsequent to July 1, 1909, shall not be affected by the provisions of this section. [Amendment approved May 17, 1917; Stats. 1917, p. 620.] ACT 298. An act relating to the liquidation of banks by the superintendent of banks; empowering him to levy assessments against the members and stockholders of any bank in process of liquidation by him to an amount which he may determine to be necessary to promptly pay the creditors of such bank in full; to enforce such assessments by suit and empowering the superior court to determine the equities of the members and stockholders of any such bank to any surplus which may remain after the payment of the creditors of such bank in full and to award and distribute the same accordingly. [Approved May 17, 1917. Stats. 1917, p. 581. In effect July 27, 1917.] § 1. Assessment of stockholders to pay creditors. Whenever the superintejiilent of banks shall hereafter take possession of the business and property of any bank doing business in this state for the purpose of liquidating its affairs, as provided by law, he may at any time dur- ing the process of such liquidation determine whether it shall be neces- sary to assess the members or stockholders of such bank in order to promptly pay the claims of the creditors of such bank in full and he shall make such assessments as he may determine to be necessary for that j)iirpose. §2. Complaint. Such determination shall be evidenced by a com- plaint or jK'titiun against all of tlie members and stockholders of such bank filed by the superintendent of banks in tlie superior court of the t'ounty where the princii)al i)lace of business of such bank is or was located at tlio time of the taking of siicli possession. §3. Further assessments. If such assessment, first made, shall prove inadequate! io pay all nf tlic rroditors of such bank in full the superin- tendent of banks may make further assessments or assessments by fil- ing sujiiilemental complaints or petition in the same proceeding. §4. Proceeds applied, in any sucli jirocccdiuir such assessment shall be .Miforced and collected and llic proceeds thereof shall be added to the 593 BENEFIT SOCIETIES. Act 313, § 6 funds of such bank and applied by the superintendent of banks for tlie payment of just claims against the same. §5. Payment of surplus. If after the payment of all just claims against such bank and the cost of liquidation any surplus shall remain said court shall determine the equities of the respective members and stockholders of such bank thereto and direct the payment thereof by the superintendent of banks accordingly. § 6. Action to collect assessments. The superintendent of banks shall have power to maintain an action in any other state or country to enforce and collect such assessments against any of such members or stockholders and the proceeds thereof shall become a part of the fund and be subject to the same disposition as if collected in the proceedings provided for in this act. § 7. Effect on prior actions. This act shall not affect any action or proceeding instituted by the superintendent of banks prior to its enact- ment. § 8. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence,, clause or phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or 'phrases be declared unconstitutional or its opera- tion or application is or may be limited or controlled by any constitu- tional provision. TITLE 50. BENEFIT SOCIETIES. ACT 313. An act for the regulation and control of fraternal benefit societies. [Approved May 1, 1911. Stats. 1911, p. 1320.] Amended 1915, p. 1273; 1917, pp. 164, 785, 1651. The amendments of 1917 follow: § 6. Beneficiaries. Beneficiaries of fraternal benefit societies. The payment of death benefits shall be confined to wife, husband, relative by blood to the fourth degree, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepchildren, children by legal adoption, or to a person or persons dependent upon the member; pro- vided, that if there is not living any person above designated, the mem- ber may designate any friend as his beneficiary, or may direct that said benefit be paid to his estate; provided, further, that if after the issuance of the original certificate the member shall become dependent upon an incorporated charitable institution, he shall have the privilege, with the consent of the society, to make such institution his beneficiary. Within the above restrictions each member shall have the right to designate his beneficiary, and, from time to time, have the same changed in accord- 38 Act 313, §§ 23a, 23b general laws. 594 ance with the laws, rules or regulations of the society, and no beneficiary shall have or obtain any vested interest in the said benefit until the same has become due and payable upon the death of said member; pro- vided, that any society may, by its laws, limit the scope of beneficiaries within the above classes. [Amendment approved May 21, 1917; Stats. 1917, p. 785.] § 23a. Provisions to insure future security. If the valuation of the certificates, as hereinbefore provided, on December 31, 1917, shall show that the present value of future net contributions, together with the admitted assets, is less than the present value of the promised benefits and accrued liabilities, such society shall thereafter at least maintain said financial condition at each succeeding triennial valuation in respect of the degree of deficiency as shown in the valuation as of December 31, 1917. If at any succeeding triennial valuation such society does not show at least the same condition, the insurance commissioner shall direct that it thereafter comply with the requirements herein specified. If the next succeeding triennial valuation after the receipt of such notice shall show that the society has failed to maintain the condition required herein, the insurance commissioner may, in the absence of good cause shown for such failure, institute proceedings for the dissolution of such society, in accordance with the provision of section twenty-four of this act, or in the case of a foreign society, its license may be cancelled in the manner provided in this act. Any such society, shown by any triennial valuation, subsequent to December 31, 1917, not to have maintained the- condition herein re- quired, shall, within two years thereafter, make such improvement as to show a percentage of deficiency not greater than as of December 31, 1917, or thereafter, as to all new members admitted, be subject, so far as stated rates of contributions are concerned, to the provisions of section twelve of this act, applicable in the organization of new societies; pro- vided, that the net mortuary or beneficiary contributions and funds of such new members shall be kept separate and apart from the other funds of the society. If such required improvement is not shown by the succeeding triennial valuation, then the said new members may be placed in a separate class and their certificates valued as an independent society in respect of contributions and funds. [Amendment approved April 24, 1917; Stats. 1917, p. 164.} § 23b. Value of certificates on "accumulation basis." Value of cer- tificate on "tabular basis." Table of rates and credits. In lieu of the requirements of sections twenty-three and twenty-three a, any society accepting in its laws the provisions of this section may value its cer- tificates on a basis, herein designated "accumulation basis," by crediting each member with the net amount contributed for each year and with interest at approximately the net rate earned and by charging him with his share of the losses for each year, herein designated "cost of insur- ance" and carrying the balance, if any, to his credit. The charge for the cost of insurance may be according to the actual experience of the society applied to a table of mortality recognized by the law of this state, and shall take into consideration the amount at risk during each 595 BENEFIT SOCIETIES. Act 313, § 23b year, which shall be the amouut payable at death less the credit to the member. Except as specifically provided in its articles or laws or con- tracts no charge shall be carried forward from the first valuation here- under against any member for any past share of losses exceeding the contributions and credit. If, after the first valuation, any member's share of losses for any year exceeds his credit including the contribution for the year, the contribution shall be increased to cover his share of the losses, and if the credit at the time any benefit becomes payable during the lifetime of the member, including any available funds does not equal such benefit, the contributions to be made by him or on his behalf shall be increased by the difference. Any such excess shave of losses chargeable to any member may be paid out of a fund or contribu- tions especially created or required for such purpose. Any member may transfer to any plan adopted by the society with net rates on which tabular reserves are maintained and on such transfer shall be entitled to make such application of his credit as provided in the laws of the society. Certificates issued, rerated or readjusted on a basis providing for ade- quate rates with adequate reserves to mature such certificates upon assumptions for mortality and interest recognized by the law of this state shall be valued on such basis, herein designated the "tabular basis"; provided, that if on the first valuation under this section a deficiency in reserve shall be shown for any such certificate, the same shall be valued on the accumulation basis. "Whenever in any society having members upon the tabular basis and upon the accumulation basis, the total of all costs of insurance provided for any year shall be insufficient to meet the actual death and disability losses for the year, the deficiency shall be met for the year from the available funds after setting aside all credits in the reserve; or from increased contributions or by an increase in the number of assessments applied to the society as a whole or to classes of members as may be specified in its laws. Savings from a lower amount of death losses may be returned in like manner as may be sj^ecified in its laws. If the laws of the society so provide, the assets representing the reserves of any separate class of members may be carried separately for such class as if an independent society, and the required reserve accumulation of such class so set ap^rt shall not thereafter be mingled with the assets of other classes of the society. A table showing the rates being paid by and the credits to individual members at each age and year of entry, and showing opposite each credit the tabular rates and the tabular reserve required, or at the option of the society the required reserve on a level rate equivalent to that being paid, according to assumptions for mortality and interest recognized by the laws of this state and adopted by the society, and, in either case, including any benefit payable at a specified age or on account of old age disability shall be filed by the society with each annual report and also be furnished to each member before July first of each year. In lieu of the aforesaid statement there may be furnished to each mem- ber within the same time a statement giving the data aforesaid for such member. No table or statement need be made or furnished when the reserves are maintained on the tabular basis. Act 316, § 1 GENERAL LAWS. 59G For this purpose, individual bookkeeping accounts for eacli member shall not be required and all calculations may be made by actuarial methods. Nothing herein contained shall prevent the maintenance of such sur- plus over and above the credits on the accumulation basis and the re- serves on the tabular basis as the society may provide by or pursuant to its laws; nor be construed as giving to the individual member any right or claim to any sucli reserve or credit other than in manner as expressed in the contract and its laws; nor as making any such reserve or credits a liability in determining the legal solvency of the society. [New sec- tion added April 24, 1917; Stats. 1917, p. 164.] § 31a, Penalty for officer, etc., borrowing funds. Any officer, director, agent or employee of any fraternal benefit society who shall directly or indirectly for himself or as partner or agent of others borrow any of the funds of such society or become indorser or surety for loans to others or in any manner be obligor for moneys borrowed or loaned by such society shall be guilty of a felony. [New section added June 1, 1917; Stats. 1917, p. 1651.] ' § 31b. Penalty for officer, etc., receiving reward for aiding loan. Any officer, trustee, agent or emjiloj'ee of a fraternal benefit society who asks or receives or consents or agrees to receive any commission, emolument, gratuity or reward or any money, property or thing of value for his own personal benefit, or of personal advantage, for procuring or endeavoring to procure for any person, tirm or corporation any loans from the trust funds of, or funds belonging to, a fraternal benefit society shall be guilty of a felony. [New section added June 1, 1917; Stats. 1917, p. 1651.] ACT 316. An act to provide whole family protection for members of fraternal benefit societies. [Approved April 20, 1917. Stats. 3917, p. 144. In effect July 27, 1917.] § 1. Fraternal benefit society may insure children. Total benefits payable. Any fraternal benefit society authorized to do business in this state and operating on the lodge plan, may provide in its constitution and by-laws, in addition to other benefits provided for therein, for the payment of death or annuity benefits upon the lives of children between the ages of two and eighteen years at next birthday, for whose support and maintenance a member of such society is responsible. Any such society may at its option, organize and operate branches for such chil- dren and membership in local lodges and initiation therein shall not be required of .such children, nor shall they have any voice in the manage- ment of the society. The total benefits payable as above provided shall in IK) case exceed the following amounts at ages at next birthday at time of deatii, icsiiccti veiy, as follows: Two, thirty-four dollars; three, forty dollars; four, forty-eight dollars; five, fifty-eight dollars; six, one huiidrcil forty dulhirs; sovoii, one hniidrod sixty-eight dollars; eight, two hiindrrd dollars; nlnf, twd limidrcd forty dollars; ten, three hundred 597 BENEFIT SOCIETIES. Act 316, §§2-4 dollars; eleven, three luiiulred eighty dollars; twelve, four hundred sixty- dollars; thirteen to fifteen, five hundred twenty dollars; and sixteen to eighteen years, where not otherwise authorized by law, six hundred dollars. §2. Conditions of benefit certificate. No benefit certificate as to any child shall take effect until after medical examination or inspection by a licensed medical practitioner, in accordance with the laws of the society, nor shall any such benefit certificate be issued unless the society shall simultaneously put in force at least five hundred such certificates, on each of which at least one assessment has been paid, nor where the number of lives represented by such certificate falls below five hundred. The death benefit contributions to be made upon such certificate shall be based upon the "standard industrial mortalt_y table" or the "English life table number six" and a rate of interest not greater than four per cent per annum, or upon a higher standard; provided, that contributions may be waived or returus may be made from any surjilus held in excess of reserve and other liabilities, as provided in the by-laws; and provided, further, that extra contributions shall be made if the reserves hereafter provided for become impaired. § 3. Reserve required. Any society entering into such insurance agreements shall maintain on all such contracts the reserve required by the standard of mortality and interest adopted by the society for computing contributions as provided in section two, and the funds rep- resenting the benefit contributions and all accretions thereon shall be kept as separate and distinct funds, independent of the other funds of the society, and shall not be liable for nor used for the payment of the debts and obligations of the society other than the benefits herein au- thorized; provided, that a society may provide that when a child reaches the minimum age for initiation into membership in such society, any benefit certificate issued hereunder may be surrendered for cancellation and exchanged for any other form of certificate issued by the society, provided that such surrender will not reduce the number of lives insured in the branch below five hundred, and upon the issuance of such new certificate any reserve upon the original certificate herein provided for shall be transferred to the credit of the new cei-tificate. Neither the person who originally made application for benefits on account of such child, nor the beneficiary named in such original certificate, nor the per- son who paid the contributions, shall have any vested right in such new certificate, the free nomination of a beneficiary under the new certificate being left to the child so admitted to benefit membership. § 4. Separate financial statement. An entirely separate financial statement of the business transactions and of assets and liabilities ris- ing therefrom shall be made in its annual report to the insurance com- missioner by any society availing itself of the provisions hereof. The separation of assets, funds and liabilities required hereby shall not be terminated, rescinded or modified, nor shall the funds be diverted for any use other than as specified in section three, as long as any certificates issued hereunder remain in force, and this requirement shall be recog- Acts 332-356, § 1 general laws. 598 nized and enforced in any liquidation, reinsurance, merger or other change in tlie condition of the status of the society. § 5. Specified payments. Any society shall have the right to provide in its laws and the certificate issued hereunder for specified payments on account of the expense or general fund, which payments shall or shall not be mingled with the general fund of the society as its constitution and by-laws may provide. § 6. Continuation of certificate. In the event of the termination of membership in the society by the person responsible for the support of any child, on whose account a certificate may have been issued, as pro- vided herein, the certificate may be continued for the benefit of the estate of the child, provided the contributions are continued, or for the benefit of any other person responsible for the support and maintenance of such child, who shall assume the payment of the required contri- butions. TITLE 53. BERKELEY. ACT 332. Charter of. [Stats. 1909, p. 1208.] Amended 1913; States 1913, p. 1502; 1917, p. 1814. ACT 334. An act granting to the city of Berkeley the salt-marsh, tide and sub- merged lands of the state of California, including the right to wharf out therefrom to the city of Berkeley, and regulating the manage- ment, use and control thereof. [Approved June 11, 1913. Stats. 1913, p. 705.] Amended 1915, p. 901; 1917, p. 915. The amendment of 1917 follows: §2. Issuance of $100,000 in bonds before five years. [Repealed May 24, 1917; Stats. 1917, p. 915.] TITLE 58a, BOARD OF CONTROL. ACT 356. All ad to authorize the state board of control to sell certain lands. I Approved June 1, 1917. Stats. 1917, p. 1634.] § 1. Authority to sell certain lands. Tlie state board of control is hereby authorized and empowered to sell in such manner and method and at such time as said board may deem best all or part of that cer- tain property situated in the couiily of S;ui .Joaquin, state of California, and described as follows, to wit: A porfinii of the east one-half of section eighteen of C. M. Weber's Grant El I;;iimIi() Del C. de Los Franceses, and being the south fifteen acres of the following described piece of land: Commencing for the same at a stake situated at the southwest corner of the Maxwell tract, and niiiniiig 1henc(( along Betts west line south sixteen degrees, fifty-five 599 BONDS. Act 387a, § 1 minutes east, thirty-four and fifty one-bundredths chains to a stake; thence south seventy-three degrees five hundredths minutes west, eight and sixty-two and one-half one-hundredths chains to a point in the center line of a proposed road, said center line of said road being the easterly line of land now owned by Edw. Floyd Jones; thence along said easterly line of said land of said Edw. Floyd Jones north sixteen degrees and fifty-five minutes west, thirty-four and fifty hundredths chains to a point in Gray south line; thence along said Gray south line north sev- enty degrees and fifty-one minutes east eight and sixty-two and one-half one-hundredths chains to the point of beginning, containing thirty acres, more or less. Also an undivided one-half interest in the right of way granted by A. McCloud to Samuel Hewlett by deed dated the eleventh day of October, eighteen hundred sixty-nine. § 2. Expenses. The state board of control is hereby authorized to pay, out of the proceeds of said sale, the expenses necessarily incurred* by said board in making such sale; which said proceeds, less the ex- penses so paid, shall be duly transferred by said board to the state treasurer. § 3. Deed. The governor is hereby authorized and directed to execute to the purchaser or purchasers of said property for and on behalf of and in the name of the state of California, a deed of conveyance of said property in the usual form of grant, bargain and sale and to de- liver the same upon the payment of the full amount of the purchase price of said property; and said deed shall be effectual to pass and con- vey to said purchaser or purchasers all of the right, title, interest and estate of the state of California in and to said property. TITLE 61. BONDS. ACT 387a. An act making bonds of municipal water districts legal investments for certain purposes. [Approved April 20, 1917. Stats. 1917, p. 158. In effect July 27, 1917.] § 1. Municipal water district bond; legal investments. All bonds heretofore or hereafter issued by any municipal water district under and in pursuance of the provisions of an act entitled "An act to provide for the incorporation and organization and management of municipal water districts, and to provide for the acquisition or construction by said districts- of waterworks, and for the acquisition of all property necessary therefor, and also to provide for the distribution and sale of water by said districts," approved May 1, 1911, as subsequently amended, shall be legal investments for all trust funds, and for the funds of all insurance companies, banks, both commercial and savings and trust com- panies, and for the state school funds, and whenever any moneys or funds may, by law now or hereafter enacted, be invested in bonds of cities, cities and counties, counties, school districts, or municipalities in the state of California, such moneys or funds may be invested in the Aet389a, §§ 1, 2 general laws. 600 said bonds of municipal water districts; provided, however, no bank shall invest or loan more than five per centum of its assets on any one such bond issue. § 2. Construction of act. This act is intended to be, and shall be considered, the latest enactment upon the matters herein contained, and is supi^lemental to any and all other acts regulating, relating to and de- claring what shall be, legal investments. ACT 389a. An act to legalize bonds heretofore issued and sold, or to be issued and sold, by municijialities where authority for such issuance has already been given by a vote of not less than two-thirds of the electors of such municipality voting upon the question of incurring such indebtedness. '[Approved April 19, 1917. Stats. 1917, p. 143. In effect July 27, 1917.] § 1. Municipal bonds authorized by vote of electors legalized. In all cases where the legislative branch of any municipality in the state of California has deemed it necessary to incur any indebtedness in excess of the money in the treasury applicable to the purpose for which said in- debtedness is to be incurred, and has called a special election for the purpose of submitting to the qualified electors of such municipality the question whether the indebtedness specified in the resolution or ordinance calling such election 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 or resolution jiroviding for the mode of creating such indebtedness and of paying the same, and the mode of creating such indebtedness has been by the proposed issuance of the bonds of such municipality, the power of such municipality to issue such bonds and all the acts and proceedings of such municipality leading up to and including the issuance and sale or the proposed issuance and sale of such bonds, are hereby legalized, ratified, confirmed and declared valid to all intents and purposes; and all such bonds, sold either before or 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 and interest of said bonds. §2. Exception. This act sliall not operate to legalize any bonds of any municipality that have not, at the time of the passage of this act, been authorized by the vote of not less than two-thirds of the qualified electors of such municipality voting at any such election, or any bonds which have been sold for less than their par value. 601 BUILDING AND LOAN ASSOCIATIONS. Act 428, §§ 2-15a TITLE 69. BUILDING AND LOAN ASSOCIATIONS. ACT 428. Building and loan commission aft. ■ [Approved April o, 1911. Stats. 1911, p. 007. | Amended 1911 (Ex. Sess.), p. 6, 1915, pp. 238, 992; 1917, pp. 426, 91S. The amendments of 1917 follow: § 2. Building and loan commissioner. Secretary. The administration of said bureau shall be vested in a conunissioner, to be known and desig- nated as the "building and loan commissioner," who shall be appointed by the governor and commissioned to hold oflSce at the pleasure of the gov- ernor. He must be a citizen of this state; and he must not be in any way connected with any association, corporation or society coming under his supervision. He shall appoint a secretary, who shall, ex efl&eio, also be a deputy commissioner with full powers as such, and who must be a practical, skilled accountant, fully conversant with building and loan systems and accounts; he shall also appoint one deputy who shall be an accountant. [Amendment approved May 24, 1917; Stats. 1917, p. 918.] §3. Salaries. Office in San Francisco, The commissioner shall re- ceive a salary of three thousand six hundred dollars per annum, the secretary shall receive a salary of two thousand four hundred dollars per annum, and the deputy one thousand eight hundred dollars per an- num, and such salaries shall be in full for all services rendered. There shall also be allowed and paid the necessary traveling expenses of the commissioner and the secretary, incurred while traveling in the line of their duties, not to exceed the sum of one thousand two hundred dollars per annum. The commissioner shall procure and have an office in the city of San Francisco, which office shall be kept open for business every business day, during such hours as are commonly observed by the banks of that city as banking hours. For such office there shall be allowed and paid a total rental of not exceeding seventy-five dollars per month. Said commissioner may also provide such fuel, stationery, printing^ postage, office help and other necessary conveniences as may be requisite in such office, at a cost not to exceed in the aggregate t,he sum of one thousand six hundred dollars per annum. All said salaries and expenses shall be audited and paid in the same manner as the salaries and ex- penses of other state officers. [Amendment approved May 24, 1917; Stats. 1917, p. 919.] § 15a. License to act as agent for sale of stock, etc. List of persons holding licenses. No person receiving compensation therefor, other than an officer, director or salaried employee, no part of whose compensation consists of commissions, or other than a local resident agent who has resided in the county in which he holds such local agency for a period of not less than one year prior to the time that he took such agency, of a building and loan association or other similar corporation or society which is duly licensed by the commissioner, shall act as solicitor or agent for the sale of the shares of stock, shares of membership, certifi- Act 431 GENERAL LAWB. 602 cates or other securities or forms of investment issued by, or for the securing of loans from, any such association, corporation or society until he has first procured from the commissioner a license therefor. To obtain such license there must be filed with the commissioner a duplicate of the authorization or appointment issued to him by, together with a request from, a licensed association, corporation or society that a license be issued to him to act as an agent or solicitor for it, and accompanied by a fee of one dollar. All such licenses shall expire by limitation on the thirtieth day of June succeeding their issue, but may be renewed from time to time, for an additional period of one year upon a request therefor from the association, corporation or society originally applying, and payment of a renewal fee of one dollar. Any such license may be revoked at any time on the application of the as- sociation, corporatiou or society for whom it was issued, or may be re- voked by the commissioner for cause. The commissioner shall keep an alphabetical list of the names of per- sons to whom such licenses are issued with the date of issue and renewal, and the name of the association, corporation or society for whom such licensee is authorized to act. All such licenses shall be issued under rules and regulations to be prescribed by the commissioner. [New sec- tion added May 24, 1917; Stats. 1917, p."^919.] § 17. Suit to collect assessments. Building and loan inspection fund- The collection of all moneys assessed, as herein provided, for the pay- ment of salaries and annual expenses, or forfeitable as fines for failure to make payments of assessments, procure licenses, or make and file reports as herein specified, and due from any such association, corpora- tion or society coming within the provisions of this act, or imposed as a penalty for violation of any order or summons, may be enforced by the commissioner by action instituted in any court of competent juris- diction; and all moneys collected or received by the commissioner under this act, shall be deposited with the state treasurer, to be credited to a fund to be known and designated as the "building and loan inspection fund"; which said fund shall only be used in defraying the salaries and expenses provided for by this act; provided, however, that the com- missioner may retain in his possession and under his control a sum not exceeding three hundred dollars to be used for the benefit of his office, as a revolving fund, for making advance payment of office rent and office expenses prior to the presentation and allowance of the periodi- cal claims therefor. [.'\iiicii(hiieii1 uiiproved Mav 11, 1917; Stats. 1917, p. rii>:\ TITLE 69a. BUILDINGS. ACT 131. All at't to jirovide for llic cslalilisliment within muiiicipnlitios of dis- tricts or zones witliin uliidi the use of property, liciglit of improve- (J03 BUILDINGS. Act 431, §§1-3 merits and requisite open spaces for light and ventilation of such buildings, may be regulated by ordinance. [Approved May 31, 1917. ytats. 1917, p. 1419. In effect July 30, 1917.] § 1. Cities may create districts with which buildings and trades regulated. For the public interest, health, comfort, convenience, preser- vation of the public peace, safety, morals, order and the public welfare, the city council, board of trustees or other legislative body of any in- corporated city and town of California, hereinafter referred to as the council, may by ordinance create or divide the city in to districts within some of which it shall be lawful and within others of which it shall be unlawful to erect, construct, alter or maintain certain buildings, or to carry on certain trades or callings or within which the height and bulk of future buildings shall be limited. § 2. Restriction on location of industries, etc. The council may by ordinance regulate, restrict and segregate the location of industries, the several classes of business, trades or callings, the location of apartment or tenement houses, club houses, group residences, two-family dwellings, single family dwellings and the several classes of public and semi-public buildings, and the location of buildings or property designed for specified uses, and may divide the city into districts of such number, shape and area as the council may deem best suited to carry out the purposes of this act, subject to the provisions of section four hereof. For each such district regulations may be imposed designating the class of use that shall be excluded or subjected to special regulations and desig- nating the uses for which buildings may not be erected or altered, or designating the class of use which only shall be permitted. Such regu- lations shall be designed to promote the public health, safety and general welfare. The council shall give reasonable consideration, among other things, to the character of the district, its peculiar suitability for par- ticular uses, the conservation of property values and the direction of building development in accord with a well-consiilered plan. § 3. Regulations of height of buildings. Area of courts, etc. Uni- form throughout district. The council may place reasonable regulations and limitations upon the height and bulk of buildings hereafter erected and regulate and determine the area of yards, courts and other open spaces, having due regard to the nature of the use and occupancy in such case. The council may divide the city into districts of such num- ber, shape and area as the council may deem best suited to carry out the purpose of this act, subject to the provisions of section four hereof. The regulations as to the height and bulk of buildings and the area of yards, courts and other open spaces shall be uniform for each class of building throughout each district. The regulations in one or more dis- tricts may dift'er from those in other districts. Such regulations shall be designed to secure safety from fire and other dangers and to promote the public health and welfare, and to secure provisioh for adequate light, air and reasonable access. The council shall pay reasonable regard to the character of buildings now erected in each district, the value of the Act 431a, § 1 GENERAL LAWS. 604 land, and the use to wliieli it may be put to the end that such regulations may promote public health, safety and welfare. § 4. Cities with planning commmission. Hearing. In municipalities having a city planning commission the council shall require such commis- sion to recommend the boundaries of such districts and appropriate regula- tions and restrictions to be enforced therein. Such commission shall make a tentative report and hold public hearings thereon at such times and places as said council shall require before submitting its final report. Said council shall not hereafter determine the boundaries of any district or impose any regulations until after the final report of the city plan- ning commission is filed with the city clerk. Upon receiving such final report said council shall afford persons particularly interested, and the general public, an opportunity to be heard, at a time and place to be specified in a notice of hearing to be published in a newspaper to be designated for that purpose. Said newspaper to be a local newspaper, if there be one, otherwise a newspaper of general circulation within the municipality, and to be published not less than three times in any daily, or not less than once in any other newspaper of general circulation within the municipality, and, within the week within which said meet- ing is to be held. § 5. Cities without planning commission. In municipalities where there is no city planning commission the council may proceed in the man- ner prescribed in section four hereof and shall make the tentative report, arrange for and hold such public hearings, make such final report and afford all persons particularly interested and the general public, an opportunity to be heard at the time and place and in the manner pre- scribed in section four hereof. § 6. Penalties. The council may establish j)enalties for violations of such an ordinance once established and in effect. ACT 431a. An act authorizing and empowering municipalities to provide a procedure for the fixing and establishing of set-back lines on private property bordering on the whole or part of any street, avenue or highway, to prohibit the erection of buildings, fences or other structures between such set-back lines and the lines of any such street, avenue or high- way, and to condemn any and all in'oporty necessary or convenient for that purpose. [Approved May 31, 1917. Stats. 1917, p. 1421. In effect -luly 30, 1917.] § 1. City council may establish set-back lines. Whenever public inter- est or convenience may roquiri", tlie city couucil of any municipality fthall have full power and authority to provide a procedure for the fix- ing and establisliiiig of set-back lines on private property bordering on the whole or part of any street, avenue or other highway, to prohibit the erection of buildings, fences or other structures between such set- back lines U7id llic lines of any such street, avenue or other higliway. 605 BUILDINGS. Act431b, §§ 1, 2 and to condeniii any and all property necessary or convenient for that purpose. §2- Procedure. The ordinance prescribing such procedure shall pro- vide, among other things, for the passage of a resolution of intention describing the land deemed necessary to be taken or damaged therefor, also the exterior boundaries of the district of lands to be benefited by said work or improvement and to be assessed to pay the damages, costs and expenses thereof, and shall require that a written protest signed by the owners of a majority of the frontage upon the streets and parts of streets within the district to be assessed, and filed with, such city council, shall be a bar to such proceeding for a period of six months from the date of the filing of such protest. The procedure shall provide for due notice and hearing to property owners liable to be assessed, also a method for the assessment and collection of benefits and the payment of damages, together wdth such other matters as may be necessary or convenient to promote the objects hereof. ACT 431b. An act to regulate the construction, reconstruction, moving, alteration, maintenance, use and occupancy of dwellings, and the maintenance, use and occupancy of the premises and land on which dwellings are erected or located, in incorporated towns, incorporated cities, and incorporated cities and counties, and to provide penalties for tke violation thereof. [Approved May 31, 1917. Stats. 1917, p. 1161. In effect September 1, 1917.] § 1. Title. This act shall be known as the "state dwelling-house act,"' and its provisions shall apply to incorporated towns, incorporated cities, and incorporated cities and counties of this state. § 2. Duty of building department. Duty of housing department. In case no such, departments. Powers of commission of immigration and housing. It shall be the duty of the "building department" of every in- corporated city, and incorporated city and county, to enforce all the provisions of this act pertaining to the erection, construction, reconstruc- tion, moving, conversion, alteration, and arrangement of dwellings. It shall bo the duty of the "housing department" of every incorporated town, incorporated city, and incorporated city and county to enforce all the provisions of this act pertaining to the maintenance, sanitation, ventilation, use and occupancy of dwellings after said dwellngs have been erected, constructed or altered, as the case may be. In the event that there is no building department or no housing depart- ment in an incorporated town, incorporated city or incorporated city and county, it shall be the duty of the officer or officers who are charged with the enforcement of ordinances and laws regulating the erection, construction or alteration of buildings, or the maintenance, sanitation, ventilation or occupancy of buildings, or of the police, fire or health Act. 431b, §§ 3-5 GENERAL LAWS. 606 regulations in said incorporated town, incorporated city, or incorporated city and county to enforce all the provisions of this act. Every incorporated town, incorporated city, or incorporated city and county in the state of California shall have, and it is hereby empowered and given authority to designate and charge by ordinance any other department or officer than the department or officers mentioned herein, with the enforcement of this act, or any portion thereof. The commission of immigration and housing of California shall have, and it is hereby empowered and given authority to enforce the provisions of this act, which do not pertain to the actual creation, construction, reconstruction, moving, alteration or arrangement of dwellings in all incorporated towns, incorporated cities, and incorporated cities and counties, in the state of California, whenever said commission finds or discovers a violation or violations of the provisions of this act and noti- fies the local department or officer, or departments or officers who are charged with the enforcement of the provisions of this act, in writing, of such violation or violations, and the said local department or officer, or departments or officers, fail, neglect or refuse to enforce the provisions of the said act within thirty days thereafter; provided, however, that the said commission of immigration and housing of California shall en- force the provisions of this act only in the instances specified in said written notice. § 3. Unlawful to construct dwelling contrary to act. It shall be un- lawful for an}' person, firm or corporation, whether as owner, agent, contractor, builder, architect, engineer, superintendent, foreman, plumber, tenant, lessee, lessor, occupant, or in any other capacity whatsoever, to erect, construct, reconstruct, alter, build upon, move, convert, use, occupy or maintain, or to cause, permit or suffer to be erected, constructed, re- constructed, altered, built upon, moved, converted, used, occupied or maintained any dwelling or any portion thereof contrary to the provi- sions of this act, or to commit or maintain or cause or permit to be committed or maintained any nuisance in or upon any dwelling or any portion thereof, or any of the premises, which are a part thereof, or which are required by the provisions of this act; or to do or to cause to be done, or to use or cause to be used, any privy, sewer, cesspool, plumb- ing or house drainage affecting the sanitary condition of any dwelling or any portion thereof, or of the premises thereof, contrary to any of the provisions of this act. § i. Alteratioios. It shall be unlawful for any person to make any alterations or clianges of any kind whatsoever, to any dwelling erected prior to the passage of this act, or to any dwelling hereafter erected, in any manner which would be inconsistent with any of the provisions of this act, or in violation of the said provisions of this act; or in any manner to diminisli the size of the windows, or to remove any window or windows fi'om tlie rooms contrary to any of the provisions of this act. § 5. Building conveyed to use as dwelling. Building moved. A linil<1int4 not ciccfcil for. or whicli is not used as a dwelling at the time 607 BUILDINGS. Act 431b, §§ 6-8 of the passage of this act, if hereafter converted to or altered for such use, shall thereupon become subject to ali the provisions of this act affecting a dwelling hereafter erected. A building used as a dwelling at the time of the passage of this act, if moved, shall be made to conform to all of the provisions of this act affecting dwellings hereafter erected, in so far as they pertain to un- occupied area. § 6. Penalty for violation. Procedure. Any person, firm or corporation violating any of the provisions of this act shall be deemed guilLy of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in a county jail not exceeding six months, or by both such fine and imprisonment. Except as herein otherwise specified, the procedure for the prevention of violations of this act, for the vacation of dwellings or premises un- lawfully occupied, or for the abatement of a nuisance in connection with a dwelling or the premises thereof, shall be as set forth in the charter .ind ordinances of the municipality in which the procedure is instituted. §7. Power to* enter building. The department or departments charged with the enforcement of this act in any incorporated town, incorporated city or incorporated city and county, and the authorized officers, agents or employees of such department or departments may, whenever necessary, enter dwellings or portions thereof, or the premises thereof, within the corporate limits of such towns, cities, or cities and counties, for the purpose of inspecting such buildings, in order to secure compliance with the provisions of this act and to prevent violations thereof. The members of the commission of immigration and housing of Cali- fornia and the agents, officers or employees of said commission may, whenever necessary, enter dwellings or portions thereof, or the premises thereof, for the purpose of inspecting such buildings in order to secure compliance with the provisions of this act and to prevent violations thereof. The owner or his authorized agent may, whenever necessary, enter dwellings, or portions thereof, or the premises thereof, owned by him, to carry out any instructions or to perform any work required to be done by the provisions of this act; provided, however, that the authority to enter buildings, as in this section given to the persons hereinbefore enumerated, shall not be construed or deemed to apply to the entering of any such building between the hours of six o'clock P. M. of any day and six o'clock A. M. of the succeeding day, without the consent of the owner or of the occupants of such buildings; but in no event shall persons hereinbefore enumerated to enter any such buildings in the the authority in this section given be construed as permitting any of the absence of the occupants thereof without a proper written order, duly executed by a competent court authorized to issue such orders. § 8. Definitions. For the purpose of this act, certain words and phrases are defined as follows, unless it shall be apparent from their context that they have a different meaning: Act -ISlb', § 8 GENERAL LAWS. 608 Words used iu the singular include the plural, and the plural, the singular. Words used in the present tense include the future. Words used iu the masculine gender include the feminine, and the feminine, the masculine. Words "building department," "housing department," "department charged with the enforcement of this act," shall be construed as if fol- lowed by the words, "of the incorporated town, incorporated city, or in- corporated city and county," as the ease may be, in which the dwelling is situated. "Apartment" is a room or suite of rooms which is occupied, or is in- tended or designed to be occupied by one family for living and sleeping purposes. "Basement" is any story or portion thereof partly below the level of the curb or the actual enjoiniug ground level, the ceiling of which in no part is less than seven feet above the curb level or actual adjoining ground levels. If the adjoining ground is excavated to or below the curb level, such excavated space shall have not less than the minimum width and length required in this act for outer courts. "Building" is a dwelling. "Building department" means the commissioner of buildings, superin- tendent of buildings, chief inspector of buildings, or any officer or de- partment charged with the enforcement of ordinances and laws regu- lating the construction and alteration of buildings or structures. "Cellar" is any story or portion thereof, the ceiling of which is less than seven feet above the curb level and actual adjoining ground levels. "Curb level" is the curb level opposite the center of the front of lot, and in the event that a curb has not been established shall be deemed to be the average ground level at the front of lot. "Department." Whenever the word "department" is used it means the building department, the housing department or such other department or officer, or department or officers, who are charged with the enforce- ment of the provisions of this act. "Dwelling" is as follows: (a) Any house or building, or any portion thereof, which contains not more than two apartments, or not more than five guest rooms, or, (b) Any house or building, or any portion thereof, not more than one story in height, which contains more than two apartments, or, (c) Any house or building, or any portion thereof, of more than one story and not more than two stories in height, which is designed, built, rented, leased, let or hired out to be occupied, or is occupied, as the home or residence of not more than four families (four apartments) and which is so arranged that each of the said families live independently of each other, and which building is constructed and arranged so that a separate section is or may be kept as a home or a residence of a separate family. Each such section having an entirely independent and separate entrance, and if a stairway is required, one separate stairway leading to each sect inn rroiii the street or from an outside vestibule on the level of the first lloor of said bnilding, and with no room, hallway, liathroom, water-closet or kitchen used in coiiinion ))y two or more families occupying the said building. 609 BUILDINGS. Act 431b, §§9-11 "Family" is oue person living aloue or a group of two or more persons living together in an apartment, whetiier related tu each other by birth or not. "Uuest" is any person hiring and occupying a room for sleeping pur- poses, and shall include both boarders and lodgers. "Guest room" is a room which is occupied, or is intended, arranged or designed to be occupied, for sleeping purposes by one or more guests. "Housing department" is any department or commission charged with the enforcement of ordinances or laws regulating the occupancy and maintenance of dwelling-house buildings; and where no such department is maintained, shall be deemed to be the health commissioner, the dc- ])artment of health, health officer, or similar department charged with the enforcement of laws and ordinances regulating the maintenance and occupancy of buildings or structures and of the health and sanitary re- quirements. "Lot" is a parcel or area of land on which is situated a dwelling, together with the land, and unoccupied spaces for such a dwelling, as required by this actj all of which land shall be owned by or be under the absolute lawful control and in the lawful possession of the dwelling. "Nuisance" embraces public nuisance as known at common law or in equity jurisprudence, and whatever is dangerous to human life or detri- mental to health, and shall also embrace the overcrowding with occu- pants of any room, insufficient ventilation, or inadequate or insanitary sewerage or plumbing facilities, or uncleanliness, and whatever renders air, food or drink unwholesome or detrimental to the health of human beings. "Person" is a natural person, his heirs, executors, administrators or assigns; also includes a firm, partnership or a corporation, its or their successors or assigns. "Shall." Wherever this word is used it shall be mandatory. "Street" is any public street, alley, thoroughfare or park having a minimum width of sixteen feet, measured from the front of lot to the opposite front of lot, and shall have been dedicated or deeded to the public for public use. § 9. Constructed in substantial manner. Every dwelling hereafter erected shall be constructed in a substantial manner; and the buildings shall be so constructed as to provide shelter to the occupants against the elements, and so as to exclude dampness in inclement weather. § 10. Sleeping in cellar. In no dwelling shall any room in the cellar be constructed, altered, converted or occupied for living or sleeping purposes. § 11. Booms In basement. In no dwelling shall any room in the base- ment be constructed, altered, converted or occupied for living purposes unles's it conforms to all of the requirements of this act for rooms in other parts of the building, and that the ceiling of each such room be in all parts not less than seven feet above the adjoining ground levels. All the walls below the ground level and the floors of such a base- ment shall be dampproofed and waterproofed. Such dampproofing and 39 Act 431b, §§ 12-14 GENERAL LAWS. 610 waterproofing shall run through the walls and up as high as the ground level and continue throughout the floor. Every basement in such buildings shall be illuminated and ventilated. § 12. Ventilation beneath floor. Floor area. In every dwelling here- after erected there shall be provided a clear air space under the lowest floor thereof of at least six inches, except where there is a ventilated basement or cellar underneath such floor, which clear air space shall be enclosed and provided with a sufficient number of openings, with re- movable screens, or similar provisions, of a size to insure ample ventila- tion. The surface underneath the floor shall be kept dry, drained, clean and free from any accumulation of rubbish, debris or filth. The provisions of this section shall not be deemed to apply to masonry floors laid directly on the soil, nor to any self-supporting masonry floor. § 13. Width and height. In every dwelling hereafter erected, every room used for living or sleeping purposes shall contain at least ninety square feet of superficial floor area. Every such room shall at every point be not less than seven feet in width, nor less than eight feet in height measured from the finished floor to the finished ceiling; except that attic rooms and rooms where sloping ceilings occur need be eight feet in height in but one-half the area of the room. Every water-closet compartment shall bo not less than thirty-six inches in width and every such compartment and bath or shower compartment shall have a height of not less than seven feet six inches measured from the finished floor to the finished ceiling. § 14. Windows. Cornice. Opening into vent shaft. Opening through porch. In every dwelling hereafter erected, every room used for living or sleeping purposes and every kitchen, water-closet compartment, shower or bathroom, shall have at least one window, of the area fixed by this act, opening directly upon a street, or upon unoccupied area not less than four in its least dimension and containing an area of not less than thirty-six square feet, and located on the same lot. A cornice may extend into the unoccupied area two inches for each one foot in width of such unoccupied area. Windows herein rotpiirod shall bo located so as properly to light all portions of the room, and shall 1)0 made so as to open in all parts and so arranged that at least one-half of the window may be opened unob- structed; provided, however, that the windows required by this section in a water-closet compartment or bath or shower room may be opened directly into a vent shaft, such vont shaft to be in no dimension less than eighteen inches; provided, further, that windows required to open onto a street or onto unoecuipcd area may open through porches, pro- vided that the said porches do not exceed seven feet in depth, measured at right angles to the windows and that at least seventy-five pef cent of the entire side of the porch, bounded by the street or unoccupied area is left open, except that the open space may be inclosed with mosquito screens. 611 BUILDINGS. Act 431b, §§ 15-20 § 15. Window area. In every dwelling hereafter erected the total window area in each room used for living or sleeping purposes shall be at least one-eighth of the superficial floor area of the room. ' All measurements for window area shall be taken to outside of sash. § 16. Window area in water-closet. In every dwelling hereafter erected, the window area in a water-closet compartment or bathroom shall be not less than three square feet. § 17. Water-closets. Every dwelling liereafter erected shall be pro- viiled with one water-closet for each family living therein. § 18. Plumbing fixtures. In every dwelling hereafter erected every plumbing fixture shall be provided with running water. Every plumbing fixture affecting the sanitary drainage system in dwellings hereafter erected shall be properly connected with the street sewer, if a street sewer exists in the street abutting the lot on which the building is located and is ready to receive connections. When it is impracticable to connect such plumbing fixtures with a street sewer, then the plumbing fixtures shall be connected and drained into a cesspool constructed satisfactorily to. the department charged with .the enforce- ment of this act; or some other means of sewage disposal satisfactory to the department charged with the enforcement of this act may be made until such time as it may become practicable and possible to connect with the street sewer. § 19. Where no running water. Privy. Water-closets, baths, showers, sinks, slop-sinks, faucets and other plumbing fixtures required by this act need not be installed in the event that the dwelling hereafter erected, or an existing dwelling as the case may be, is situated where there is no running water and where there is no practical means of sewage disposal, until such time as it becomes practical and possible to obtain running water and means of sewage disposal; provided, in every such case the department charged with the enforcement of this act shall decide whether or not it is practicable and possible to provide running water, or proper means of sewage disposal; provided, further, that proper toilet facilities shall be ^jrovided for the use of the occupants of such building. Such facilities shall be made sanitary. A privy, or toilet other than a water-closet, erected under the authority of this section shall consist of a pit at least three feet deep, with suitable shelter over the same to afford privacy and protection from the elements. The openings of the shelter and pit shall be inclosed by fly screening, and the door to the shelter shall be made to close automatically, by means of a spring or other device. No privy pit shall be allowed to become filled with ex- creta to nearer than one foot from the surface of the ground, and the excreta in the pit shall be covered with earth, ashes, lime or similar ■ubstances at regular intervals. §20. Earthenware bowls and seats. In every dwelling hereafter erected, and in every dwelling now existing, all plumbing fixtures shall be properly trapped and vented and all such plumbing made sanitary >n every particular. Water-closets hereafter installed shall have earthen- Act 431b, §§21-23 GENERAL LAWS. 612 ware bowls aud shall have earthenware seats, or seats made of some uonabsorbeut material integral with the bowls, or wooden seats, enam- eled or varnished or otherwise made nonabsorbent, attached directly to the bowls. All connections shall be of standard lead, iron, steel or brass. No plumbing fixtures shall be inclosed with woodwork, but the space under and around the same must be left entirely open. § 21. Cooking in bath compartment. Sleeping in cellar, etc. Floor space for each occupant. It shall be unlawful for any person to cook or to prepare food, or to permit or suffer any person to cook or to pre- pare food in any bath, shower, slop-sink or water-closet compartment, or in any other place in the building w^hich, in the judgment of the de- partment charged with the enforcement of this act, is detrimental to the proper sanitation of such building. It shall be unlawful for any person to live or sleep, or to permit or suffer any person to live or sleep, in any cellar, bath, shower or slop- sink room, water-closet compartment, hallway, closet or kitchen, or in any other place which, in the judgment of the department charged with the enforcement of this act, would be dangerous or prejudicial to life or health by reason of want of light, windows, ventilation, drainage, or on account of dampness, offensive, obnoxious or poisonous odors or in any room that shall be so overcrowded as to afford less than the fol- lowing floor space for each occupant in accordance with the age of the said occupant: Number of persons over 12 years of age Number of persons under 12 years of age Superficial floor area required 1 2 3 4 5 6 60 square 120 square 180 square 240 square 300 square 360 square feet feet feet feet feet feet Additional floor area in the same ratio shall be provided for additional persons. §22, Repapering. No wall, partition or ceiling of any room in any dwelling shall be repapered, calcimined, or have any other covering placed thereupon unless the old wall paper or other covering shall have first been removed therefrom, and the said wall, partition or ceiling cleaned, disinfected and freed from bugs, insects or vermin. §23. Repairs. Every dwelling shall be maintained in good repair. The roofs shall be kept waterproof and all storm or casual water prop- erly drained and conveyed therefrom to the street sewer, storm drain or street gutter. Every water-closet, bathtub, sink, slop-hopper or other similar plumb- ing fixture sliall at all times be kept clean, sanitary and in good working order. 613 BUILDINGS. Act 431b, §§ 24-28 § 24. Metal mosquito screemug. There shall be provided, whenever it is deemed necessary for the health of the occupants of any dwelling or for the proper sanitation or cleanliness of any such building, metal mosquito screening of at least sixteen mesh, set in tight-fitting removable sash, for each exterior door, window or other opening in the exterior walls of the building. § 25. Garbage cans. There shall be provided by the occupant or ten- ant for each dwelling a tight metal receptacle, with close-fitting metal cover, for garbage, refuse, ashes and rubbish as may be deemed necessary by the department charged with the enforcement of this act. The recep- tacles shall be kept in a clean condition by the occupants or tenants. § 26. Room, etc., kept clean. Swill, etc., not to be deposited, in plumb- ing fixtures. Every room, hallway, passageway, stairway, wall, partition, ceiling, floor, skylight, glass window, door, carpet, rug, matting, window curtain, water-closet compartment or room, toilet room,, bathroom, slop- sink or wash-room, plumbing fixture, drain, roof, closet, cellar, or base- ment in any dwelling, and the lot, and the premises thereof, shall be kept in every part clean and sanitary and free from all accumulation of debris, filth, rubbish, garbage or other offensive matter. No person shall deposit, or cause or permit any person to deposit, any swill, garbage, bottles, ashes, cans or other improper substance in any water-closet, sink, slop-hopper, bathtub, shower, catch-basin, or in any plumbing fixture connection or drain therefrom, or otherwise to obstruct the same; or to place or cause or permit to be placed any filth, urine or other foul matter in any place other than the place provided for same; or to keep or cause or permit to be kept any urine or filth or foul matter in any room or apartment in any dwelling or in or about the said build- ing or premises thereof for such length of time as to create a nuisance. § 27. No animals in dwelling. No horse, cow, calf, swine, sheep, goat, rabbit, mule or other animal, chicken, pigeon, goose, duck or other poultry shall be kept in any dwelling-house or anj part thereof; nor shall any such animal or poultry, nor shall any stable, be kept or maintained within twenty feet of any window or door of such building. § 28. Action to abate nuisance. Authority to execute order. In case any dwelling, or any part thereof, is constructed, altered, converted or maintained in violation of any provisions of this act or of any order or notice of the department charged with its enforcement, or in case a nui- sance exist in any such dwelling or building or structure or upon the lot on which it is situated, said department may institute any appropriate action or proceeding to prevent such unlawful construction, alteration, conversion or maintenance, to restrain, correct or abate such violation or nuisance, to prevent the occupation of said dwelling, building or structure, to prevent any illegal act, conduct of business in or about such dwelling or lot. In any such action or proceeding said department may, by affidavit setting forth the facts, apply to the superior court, or to any judge thereof, for an order granting the relief for which said action or proceeding is brought, or for an order enjoining all persons from doing or permitting to be done any work in or about such dwelling, building, Act 431b, §§ 29-32 general laws. 614 structure or lot, or from occupying or using the same for any purpose, until the entry of final judgment or order. In case any notice or order issued by said department is not complied with, said department may apply to the superior court, or to any judge thereof, for an order author- izing said department to execute and carry out the provisions of said notice or order, to remove any violation specified in said order or notice, or to abate any nuisance in or about such dwelling, building or structure, or the lot upon which it is situated. The court, or any judge thereof, is hereby authorized to make any order specified in this section. In no case shall the said department or any officer thereof or the municipal corporation be liable for costs in any action or proceeding that may be commenced in pursuance of this act. § 29. Fine a lien. Every fine imposed by judgment under section six of this act upon a dwelling owner shall be a, lien upon the house in rela- tion to which fine is imposed, from the time of the filing of a certified copy of said judgment in the office of the recorder of the county in which said dwelling is situated, subject only to taxes and assessments and water rates, and to such mortgage and mechanics' liens as may exist thereon prior to such filing; and it shall be the duty of the department charged with the enforcement of the provisions of this act, upon the entry of such judgment, to file forthwith the copy as aforesaid, and such copy upon filing shall be forthwith indexed by the recorder in the index of mechanics' liens. § 30. Notice of pendency of action. In any action or proceeding instituted by the department charged with the enforcement of this act, the plaintiff or petitioner may file, in the county recorder's office of the county where the property affected by such action or proceeding is situated, a notice of the pendency of such action or proceeding. Said notice may be filed at the time of the commencement of the action or proceeding, or at any time afterwards before final judgment or order, or at any time after the service of any notice or order issued by said department. Such notice shall have the same force and effect as the notice of pendency of action provided for in the Code of Civil Procedure. Each county. recorder with whom such notice is filed shall record it and shall index it in the name of each person specified in a direction sub- scribed by an officer of the department instituting such action or pro- ceeding. Any such notice may be vacated upon the order of a judge of the court in which such action or proceeding was instituted or is jiending. The reccJrder of the county where such notice is filed is hereby directed to mark such notice and any record or docket thereof as can- celed of record, uixni the presentation and filing of a certified copy of such order. §31. Time of service. Every notice or (irdcr in relation to a dwelling shall be served five days ])efore the time for doing the tiling in relation to wliicli it sliiill have been issued. §32. Manner of service. In any action brought by any de|iartment cliarged with the enforcement of this act in relation to a dwelling for injunction, vacation of the premises or otiier abatement of nuisance, or 615 BUILDINGS. Act 431b, §§ 33-35 to establish a lien thereon, it shall be sufficient service of summons to serve the same as notices and orders are served under the provisions of the Code of Civil Procedure. § 33. Minimum reciuirements. Supplementary laws. Repealed. Power of cities not abrogated. Tlie provisions of this act shall be held to be the minimum requirements adopted for the protection, the health and the safety of the community, and for the protection, the health and the safety of the occupants of dwellings. Nothing in this act contained shall be construed as prohibiting the local legislative body of any incor- porated town, incorporated city, or incorporated city and county, from enacting from time to time, supplementary ordinan'ces or laws imposing further restrictions or providing for fees to be charged for permits, certificates or other papers required by this act; but no ordinance, law, regulation or ruling of any municipal department, authority, officer or officers, shall repeal, amend, modify or dispense with any of the provi- sions of this act. All statutes of the state and all ordinances of incorporated towns, incorporated cities and incorporated cities and counties, as far as incon- sistent 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 ordinance or law of any incorporated town, incor- porated C'ity, or incorporated city and county, in the state which further restricts the percentage of the lot to be covered by a dwelling, the occu- pation thereof, the materials to be used in its construction, or increasing the floor space to each person occupying a room, the requirements as to sanitation, ventilation, light and protection against fire. Nothing in this act contained shall be construed as abrogating, dimin- ishing, minimizing or denying the power of any incorporated town, incor- porated city, or incorporated city and county, by ordinance or law, to further restrict the percentage of the lot to be covered by a dwelling within said municipality, the occupation thereof, the materials to be used in its construction, or increasing the floor space to each person occupying a room, the requirements as to sanitation, ventilation, light and protection against fire. § 34. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature herebj' declares that it would have passed this act, and each section, subsection, sentence, clause, and phrase thereof, irre- spective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. § 35. In effect when. This act shall take effect and be in force from and after September 1, 1917. Act 436, §§ 1, 9 GENERAL LAWS. 616 TITLE 73. BUEXED OK DEHTKOYED KELOKDa OE DOCUMENTS. ft-CT i36. An act to provide for the establishmeut and quieting title to real prop- erty in case of the loss or destruction of public records. [Approved .Tune 16, 1906. Stats. 1906 (Ex. Sess.), p. 78.] Amended 1909, p. 163; 1911. p. 6; 1913, p. 13.5; 1917, p. 80. Supp. 19U7, p. 950. 'J'he amendment of 1917 follows: § 1. Title to real property wlien public records are destroyed. When- ever the public records in the office of the county recorder of any county 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 posses- sion of any real property in such county, or of any real property now in another county but which was formerly in the county of which all or a material part of the records were lost or destroyed as aforesaid, in the event that the records so lost or destroyed included all or a material part of the public records in the office of said county recorder covering all or a material part of the time when said last mentioned real prop- erty was in the county whose records were so lost or destroyed, may bring and maintain an action in rem against all the world, in the su- perior 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 plain- tiff may be included in the same action. [Amendment approved April 6, 1917; Stats. 1917, p. 80.] § 9. Record of pendency of action. The i)laintiff must, at the time of filing the complaint, aud every defendant claiming any affirmative lelief 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 de- fense, anil 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. if the property is still situated in the ^^allll• coiinty in which the records were destroyed, shall enter, upon a iiiHp or jilat (if llic parcels of land, to be kept by him for that purpose, on that [)art of tlie map or plat representing the parcel or parcels so ilescribed a reference to (he dati' of the filing of such notice and, when recorded, to thi' hook niid jiage of the record thereof. [Amendment ap- proved April 6, 1917; Stnls. 1917, p. 80. | TITLE 74. HFTTP] OOTINTY. ACT 444. (■hartci- of Butte .oiuity. | Stats. 1917, p. 1791.] 617 BUTTER. Act 473. i5§ la, 2 TITLE 75. BUTTER. ACT 473. An act to prevent the nianufacturt' or sale of dairy produets I'ruiii un- healthy animals, or that are produced under unsanitary conditions; to prevent deception or fraud in the production and sale of dairy products, and in the manufacture and sale of renovated butter and oleomargarine; to license the manufacture and sale of renovated butter, and oleomargarine; to regulate the business of producing, buying and selling dairy products, oleomargarine, renovated or imita- tion butter and cheese; to provide for the enforcement of its pro- visions and for the punishment of violations thereof, and appropria- ting money therefor and to repeal section 17 of an act approved March 4, 1897, entitled "An act to prevent deception in the manu- facture and sale of butter and cheese, to secure its enforcement, and to appropriate money therefor," and to repeal all acts and parts of acts inconsifc'tent with this act. [Approved April 21, 1911. Stats. 1911, p. 959. J Amended 1915, pp. 332, 352, 1456 1917, p. 1&54. The amendment of 1917 follows: § la. Milk containers to be cleansed. Every person, firm or corpora- tion, not a common carrier, who receives from a common carrier in cans, bottles, vessels, or other containers, to be thoroughly cleansed and intended for human consumption, which has been transported over any railroad, or boat or freight line, or by other common carrier, or auto truck, which said cans, bottles, vessels, or other containers, are to be returned to the consignor or shipper, shall cause the said empty cans, bottles, vessels, or other containers, any milk, cream and ice cream sterilized by boiling water or superheated steam before return shipment of the same; provided, further, that all empty cans, bottles, vessels, or other containers, delivered to the consumer by the retailer shall be thoroughly and immediately cleansed before returning the same to the dealer or distributor. [New section added Juno 1. 1917; Stats. 1917, p. 1657.] §2. Unsanitary dairies. A dairy shall be deemed unsanitary within the meaning of this act, among other causes that render milk, or pro- ducts made therefrom, unclean, impure, and unhealthy, in the following cases : (a.) If the drinking water is stagnant, polluted with manure, urine, drainage, decaying vegetable or animal matter. (b) If the yards or inclosures are filthy or unsanitary or if any part of such yards or inclosures, other than pastures, are made the deposi- tories of manure in heaps or otherwise where it is allowed to ferment and decay. (c) If a suitable milk house or rooHi is not proviiied and maintained, properly screened to exclude" flies and insects, for the purpose of cooling, mixingj canning, and keeping the milk. Said milk house or room, shall not be located in or be a part of any residence, or dwering-house, or Act 473, § 25 GENERAL LAWS. 618 any bam or poultry-house, and shall not be used for any other purpose whatsoever. (d) If any milk or cream shall be cooled, stored, mixed, canned, or kept in any room or place which is occupied by any person or persons as a sleeping or living apartment, or occupied by horses, cows, hogs or other animals, or fowls of any kind, and if the milk or cream shall not be cooled to as low a temperature as practicable within one hour after it is drawn from the cows. (e) If any urinal, privy vault, open cesspool, horse stable, pig-pen, stagnant water, accumulation of manure or other filth shall be permitted within one hundred feet of any such milk house or room, or within fifty feet of any cow stalls or stanchions or other place where milking is done. (f) If the walls become soiled with manure, urine or other filth. (g) If to the interior of cattle stables, barns, milking-sheds, milk house or room, an application of lime whitewash is not made at least once in two years, or oftener if In the judgment of the agent of the state dairy bureau it is needed, or if in the mangers, or other receptacles from which ■cows are fed, decaying food or other material is allowed to accumulate. (h) If the pails, cans, bottles or other containers of milk, or its pro- ducts, or the strainers, coolers or other utensils coming in contact with the milk or its products, are not sterilized by boiling water or super- heated steam each and every time the same are used. (i) If the person or wearing apparel of the dairyman, his employees, or other persons, who come in contact with milk and its products, are soiled or not washed from time to time with reasonable frequency. §25. Weighing and sampling milk. Testing milk. Tester licensed by state dairy bureau. License valid one year. License to receive milk on basis of butter fat contained. License fees. It shall be unlawful for any hauler of milk, or cream, or any person, firm or corporation re- ceiving or purchasing milk or cream by weight or test or both, or by measure or test or both, to fraudulently manipulate the weight, measure or test of milk or cream of any person or to take unfair samples thereof, or to fraudulently manipulate such samples. The hauler or other agent shall weigh or measure the milk or cream of each patron accurately and correctly and shall report .sutli weights or measurements accurately and correctly to the creamery or factory. He shall thoroughly mix the milk or cream of each patron by pouring or stirring until such milk or cream is uniform and homogeneous in richness, before the sample is taken from milk or cream. When the weighing or sampling is done at the creamery, shipping station or factory, the same rule shall apply. It shall be unlawful for any person, firm or corporation, by himself or as the agent, servant, employee or officer of any person, firm or cor- poration receiving or purchasing milk or cream on the basis of the amount of butter fat contained therein, to under-read, over-read or other- wise fraudulently manipulate the Babcock test used for determining the per cent of butter fat in milk or cream, or to falsify the records thereof or to read the test at any other temperature than the correct one, which is one hundred thirty degrees to one hundred forty degrees Fahrenheit, or to pay on the basis of any measurements or weight except the true 619 BUTTER. Act 473, § 26 nieasureniciit or weight, wliich is seveuteeu uud six-teuths cubic centi- meters for milk and nine grams or eighteen grams for cream; provided, that in all tests for croam the cream shall be weighed into the test bottle. All testing of milk or cream purchased on the basis of the amount of butter fat contained therein, shall be done by a licensed tester who shall supervise and be responsible for the operation of the Babcock test of milk or cream. The license shall be issued to such person by the state dairy bureau whose duty it shall be to examine into the quali- fications of all applicants for such license, and every such applicant shall satisfy said bureau of his qualifications and comply with the pro- visions herein before any license shall be issued to him. The license shall be valid for the term of one year unless sooner re- voked and shall be revoked by the state dairy bureau if, after due notice, the license has failed to comply with the laws, rules, and regula- tions under which the license was granted; provided, that the provisions of this section shall not apply to individuals, hotels, restaurants or board- ing-houses buying milk or cream for private use. Every creamery, shipping station, milk factory, cheese factor}', ice cream factory, condensory, or any person, firm or corporation receiving or purchasing milk or cream on the basis of butter fat contained therein, shall be required to hold a, license so to do. The license shall be is- sued to such creamery, shipping station, milk factory, condensory, ice- cream factory, cheese factory, or person, firm or corporation by the state dairy bureau upon complying with all sanitary laws, rules and regula- tions of the state of California and upon complying with the provisions of this act and upon payment of a license fee as provided for in this section. This license shall be valid for the term of one year unless sooner revoked, and shall be revoked by the state dairy bureau if, after due notice, the licensee fails to comply with the laws, rules and regula- tions under which it was granted; provided, that the provisions of this section shall not apply to individuals, hotels, restaurants, and boarding houses buying milk or cream for private use. The testers' license shall be issued upon compliance with the provi- sions of this act and upon payment by the applicant to the state dairy bureau of the sum of one dollar. The creamery license shall be issued upon compliance with the provisions of this act, and upon payment by the applicant to the state dairy bureau of one dollar. The money for license fees as provided for in this section shall be paid by the state dairy bureau into the state treasury and shall become a part of the funds for the use of the state dairy bureau. [New section added June 1, 1917; Stats. 1917, p. 1657. Old section 25 repealed June 1, 1917; Stats. 1917, p. 1657.] § 26. Inspection of Babcock test bottles. Fee for testing. Every person, firm or corporation receiving or purchasing milk or cream on the basis of the amount of butter fat contained therein as determined by the Babcock test, shall use the standard Babcock test bottles, pipettes and accurate weights and scales as defined in this act, and all Babcock test bottles and pipettes shall have been inspected for accuracy by the state dairy bureau or its agent and shall be legibly and indelibly marked by the state dairy bureau or ita agents with the letters "D. B." Act 473, § 27 GENERAL LAWS. 620 It shall be unlawful for any firm or corporation or any of their agents to use any other than standard test bottles and pipettes wliich have been examined and marked as provided by this section, to determine the amount of fat in milk or cream received or purchased on the butter fat basis. For all testing of glassware by the said state dairy bureau or its agent, a fee of five cents shall be paid by the owner of said glassware to the state dairy bureau for every piece of glassware so examined, and said fee shall be used by the state dairy bureau to defray the cost of testing such glassware. [New section added June 1, 1917; Stats. 1917, p. 1659. Old section 26, repealed June 1, 1917; Stats. 1917, p. 1659.] § 27. Specifications for standard Babcock testing glassware. The term "standa'rd Babcock testing glassware" shall apply to glassware and weights complying to the following specifications: (a) Graduation for milk test bottles. The total per cent graduation shall' be eight. The graduated portion of the neck shall have a length of not less than sixty- three and five-tenths millimeters (two and one-half inches), the gradua- tion shall represent whole per cent, five-tenths per cent, and tenths per cent. The tenths per cent graduation shall not be less than three milli- meters in length; the five-tenths per cent graduations shall be one milli- meter longer than the tenths per cent graduations, ^projecting one milli- meter to the left; the whole per cent graduations shall extend at least one-half way around the neck to the right and projecting two milli- meters to the left of the tenths per cent graduations. Each per cent graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed one-tenth per cent. The neck shall be cylindrical and the cylindrical shape shall extend for at least nine millimeters below the lower and above the highest mark. The top of the neck shall be flared to a diameter of not less than ten millimeters. The capacity of the bulb up to the junction of the neck shall not be less than forty-five c. c. (cubic centimeters). The shape of the bulb may be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between thirty-four and thirty-six millimeters; if conical, the outside diameter of the base shall be between thirty-one and thirty-three millimeters, and the max- imum diameter between thirty-five and thirty-seven millimeters. The charge of the bottle shall be eighteen grams. The total height of the bottle shall be between one hundred fifty and one hundred sixty-five millimeters (five and seven-eighths and six and one-half inches.) (b) Two types of bottles shall be accepted as standard cream test bottles, a fifty per cent nine gram long-neck bottle, and a fifty per cent eighteen gram long-neck bottle. Fifty per cent, nine gram, long-nock bottle. The same specifications in every detail as specified for the fifty per cent nine gram, short-neck bottle shall apply for the long-neck bottle, with the exception, however, that the total height of this bottle shall be between two hundred ten and two hundred thirty-four millimeters (eight and one-fotirth and eight 621 BUTTER. Act 473, § 35 aud seven-eightiis inches) aud tliat the total length of the graduation shall be not less than one hundred twenty millimeters. The fifty per cent, eighteen gram, long-neck bottle. The same specifi- cations in every detail as specified for the fifty per cent, nine gram, long-neck bottle, shall apply, with the excejation that the charge of the bottle shall be eighteen grams, and the mark defining the weight of the charge placed at the top of the neiik shall be eighteen. The total length of the standard Babcock pipette shall be not more than three hundred thirty millimeters (thirteen and one-fourth inches.) Outside diameter of suction tube, six to eight millimeters. Length of suc- tion tube, one hundred thirty miliilmeters. Outside diameter of delivery tube four and five-tenths to five and five-tenths millimeters. The length of delivery tube one hundred to one hundred twenty millimeters. Dis- tance of graduation mark above bulb, thirty to sixty millimeters. Nozzle straight. Delivery seventeen and six-tenths cubic centimeters of water at twenty degrees centigrade in five to eight seconds. The sensibility of all scales used for weighing cream samples into the test bottles shall be not more than thirty milligrams and the stand- ard weights shall be nine grams and eighteen grams. In all testing of milk or cream where the same is received or pur- chased upon the basis of the amount of butter fat contained therein, the Babcock tester shall be operated at the proper speed, which is as follows: For tester with diameter of fourteen inches the speed shall be between eight hundred twenty-five and eight hundred seventy-five revolutions per minute. For tester with diameter of sixteen inches, the speed shall be between eight hundred twenty-five and eight hundred seventy-five revolutions per minute. For tester with diameter of eighteen inches, the speed shall be be- tween seven hundred seventy-five and eight hundred twenty-five revolu- tions per minute. For tester with diameter of twenty inches, the speed shall be between seven hundred twenty-five and seven hundred seventy-five revolutions per minute. For tester with a diameter of twenty-four inches, the speed shall be between five hundred seventy-five aud six hundred twenty-five revolu- tions per minute. [New section added June 1, 1917; Stats. 1917, p. 1659. Old section 27 repealed June 1, 1917; Stats. 1917, p. 1G57.]' § 35. Branding cheese. Dairy bureau to issue brands. Grades of cheese defined. Unlawful to sell without brand. Every person, firm or corporation who shall manufacture cheese in the state of California, shall at the place of manufacture, brand distinctly and durably on each and every cheese manufactured, and upon the package or box, when shipped, the grade of cheese manufactured, as follows: "full-cream cheese," or "half-skim cheese," or "skim cheese." All brands for branding the different grades of cheese shall be pro- cured from the state dairy bureau, and said bureau is hereby directed and authorized to issue to all persons, firms or corporations, upon ap- plication therefor, uniform brands, consecutively numbered, of the Act 508, § § 1; 2 GENERAL LAWS. G22 different grades specified in this section. Tlie state dairy bureau shall keep a record of each and every brand issued, and the name and location of the manufacturer receiving the same. No manufacturer of cheese in the state of California other than the one to whom such brand is issued, shall use the same, and in case of a change of location, the party shall notify the bureau of such change. The different grades of cheese are 4iereby defined as follows: First: Such cheese onl}^ as shall have been manufactured from pure milk, and from which no portion of the butter fat has been removed by skimming or otherwise, and having not less than fifty per cent of butter fat in its water-free substance, which shall be conspicuously branded as "fuU- cream cheese." Second: Such cheese only as shall have been made from pure milk, and having not less than twenty-five per cent of butter fat in its water-free substance, which shall be conspicuously branded as "half- skim cheese." Third: Siich cheese only as shall have been made from pure skim milk, which shall be conspicuously branded as "skim cheese." No person or persons, firm, association or corporation shall sell or offer for sale in this state any cheese which is not branded either "full-cream cheese," "half-skim cheese," or "skim cheese," in accordance with its butter fat content. [Amendment approved June 1, 1917; Stats. 1917, p. 1656.] § 42. Disposition of fines. One-half of all the fines imposed for the violation of any of the provisions of this act shall be paid to the county in which the fine is imposed. The other one-half shall be paid to the state treasurer and shall become part of the general fund. [Amendment approved June 1, 1917; Stats. 1917, p. 1657.] TITLE 81. CALIFOENIA EEDWOOD PAKK. ACT 508. An act providing for the enlargement of the California redwood park, making an appropriation for the purchase of additional land there- for, and granting power to the California redwood park commission to purchase the same. [Approved May 28, 1917. Stats. 1917, p. ]2,S1. In effect .Tuly 27, 1917. § 1. Appropriation: enlargement of California redwood park. The Miin of one hundred fifty thousand dollars, or so much thereof as may be necessary, i.s hereby appropriated out of any money in the state treasury not otherwise appropriated, and wliicli shall be used for the ].iircliaso by the California redwood park commission of land contiguous to the California redwood park suitable for the enlargement of said park. Said appropriation sludl lie available at the rate of fifteen tliou- sand dollars a year. §2. Power of park commission to purchase land. Tiie California red- wood ])ark comiiiission shall have the power to purchase said land, or any jiortion thereof, as in it^i jndgnieiit shall seem most suitable for an addi- lioii t(i and cnlargouMMit of said California redwood park, considering 623 CALIFORNIA SCHOOL FOR GIRLS. Act 5111), §§ 2, ;j the protection of said California redwood park from forest fires, and the conserving of the headwaters of the streams draining said California redwood parlc, and of the stand of timber or trees of the species known as Sequoia sempervirens on said lands to be purchased; or it may pro- ceed by action at law to colidemn the same, or any portion thereof. § 3. Examination of abstracts of title. No payment of any part of said sum shall be made until an abstract or abstracts of title shall have been furnished to the attorney general of the state of California, show- ing that the lands purchased, and the whole thereof, are free from any valid liens or encumbrances thereon, and it is hereby made the duty of said attorney general to examine said abstract or abstracts of title and render and deliver to said commission his opinion in writing, certifying that no valid liens or encumbrances exist thereon and that the title to said lands, and the whole thereof, is good and valid. Said opinion of the attorney general, together with said abstract or abstracts of title shall be filed in the office of the secretary of state. TITLE 82. CALIFORNIA SCHOOL FOR GIRLS. ACT 511b. An act to establish a state training school for girls; to provide for the maintenance and management of the same, and to make an appro- priation therefor. [Approved June 14, 1913. Stats. 1913, p. 857.] Amended 191.5, p. 53; 1917, p. 473. The amendment of 1917 follows: § 2. Penalty for aiding escapes. Any person who knowingly permits or aids any inmate of the California School for Girls to escape there- from or conceals her with the intent of enabling her to elude pursuit, shall be guilty of a misdemeanor. Any fugitive from said school, or from the parties with whom she has been placed on parole, may be ar- rested and returned to said school by any person, upon the written order of the superintendent thereof. [Amendment approved May 14, 1917; Stats. 1917, p. 474.]. § 3. Officers of board of trustees. The board of trustees shall elect annually a president, a vice-president and a secretary, whose terms of office shall be one year or until their successors are elected and qualified. No one but a member of the board shall be elected president or vice- president thereof. The board shall appoint a superintendent, not of their own number, who shall be a woman qualified by training and experience for the character of work to be done at this school, and fix her salary at not to exceed three thousand six hundred dollars per annum. Such superintendent shall hold office at the pleasure of the board. [Amend- ment approved May 14, 1917; Stats. 1917, p. 473.] Act 512a, § § 1-4 general laws. G24 TITLE 83. CALIFORNIA STATE REFORMATORY. ACT 512a. All act providing for the control and management of a tract of land owned bj the state of California and situated in the county of Napa, in said state. [Approved May 5, 1917. Stats. J917, p. 250. In effect .July 27, 1917.] § 1. Board, of control to manage land in Napa county. The board of control of the state of California is hereby authorized and directed to take charge of, manage and farm for the use and benefit of the state and its institutions, all of that certain tract of laud with all improvements and appurtenances thereto attached, and formerly known as the "Fry Ranch," which said tract of land is situated near the town of Ruther- ford in the county of Napa, state of California, and being that certain property i^urchased by the state under the provisions of an act of the legislature of the state of "California entitled: "An act to establish the California state reformatory; to provide for the purchase of land there- for, and the construction of buildings and other improvements in con- nection therewith; to provide for the commitment and transfer of prisoners thereto and therefrom; to provide for the equipment, conduct and management thereof; and to make an appropriation therefor," approved April 24, 1911. § 2. Use of water. Said board of control shall have power to take and conduct therefrom for the use and benefit of the state of California such quantity of water as may be determined by the state engineer to be necessary for the use of the Veterans' Home at Yountville and the Napa State Hospital, both in the county of Napa, and to acquire rights of way by purchase, lease or condemnation for such purpose. § 3. Use for agricultural purposes. In carrying out the provisions of this act the board of control shall have power if it shall be deemed advisable, to co-operate with the governing board of any state institu- tion for the purpose of utilizing said property for agricultural or horti- cultural purposes or as a stock or dairy farm and to transfer to and main- tain upon said property any stock, cattle, cows, or other animals now owned or hereafter acquired by any of such institutions and to distribute to such institutions by arrangement therewith the product of said prop- erty or of the animals maintained thereon. § 4. Prisoners, etc., not to be kept on property. From and after the passage of tliis act, no person shall be committed by any court to im- prisonment or confinement upon said property in the county of Napa, and no prisoner from any state prison or reformatory, and no patient from any state hosj)ital for llie insane, shall be transferred to, kept, housed or retaineii upon said |)roperty by the state board of control, or by tlie snpcrintciKlciil or goNcniiiig odicer or board of any such institution. 625 CARQUINEZ STRAITS — CEMETERIES. ActS 542b, 545, § 2 TITLE 89a, CARQUINEZ STKAITS. ACT 542b. An act providing for the disposition of t-ertaiu property. [Approved April 21, iSol. Stats. 1851, p. 305.] Amended 1917; 1917, p. 193. The amendment of 1917 follows: § 2. Leases limited to fifty years. The said property above described, and the proceeds thereof, shall be disposed of by the trustees of said town and their successors in office for the improvement of the said town, and for the benefit of commerce, by the construction of wharves, piers, and docks, and otherwise; provided, that these lands may be leased for a period not exceeding fifty years, subject to all of said uses and trusts. [Amendment approved April 24, 1917; Stats. 1917, p. 193.] TITLE 90. CEMETERIES. ACT 545. An act to protect public health from infection caused by exhumation and removal of the remains of deceased persons. [Approved April 1, 1878. Stats. 1877-78, p. 1050.] Amended 1889, p. 130; 1917, p. 30. Che amendment of 1917 follows: § 2. Provisions for disinterring remains. Permits to disinter or ex- hume the bodies or remains of deceased persons, as in the last section, may be granted; provided, the person applying therefor shall produce a certificate from the coroner, registrar, -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 enclosed in a metallic case or coffin, sealed in such manner as to prevent, as far as practicable, any noxious or offensive odor or effluvia, escaping therefrom, and that such case or coffin contains the body or remains of but one person, except where the 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. [Amendment approved April 5, 1917; Stats. 1917, p. 36.]. 40 Act 624, §§2,7 GENERAL LAWS. 626 TITLE 106. COLD STORAGE. ACT 624. Au act relating to cold storage, the regulation of refrigerating ware- houses, the disposition or sale of food kept or preserved therein, and defining the duties of the state board of health in relation thereto. [Approved June 13, 1913. Stats. 1913, p. 769.] Amended 1915, p. 601; 1917, p. 152. The amendment of 1917 follows: § 2. Application to operate cold storage plant. License fee. Restau- rants, hotels, etc., excepted. Any person, firm or corporation desiring to operate a cold storage or refrigerating warehouse wherein shall be stored "articles of food" for a period exceeding thirty days, shall make applica- tion in writing to the state board of health for that purpose, stating the location of its plant or plants. On receipt of the application the state board of health shall cause an examination to be made into the sanitary condition of said plant or plants and if found to be in a sanitary condi- tion and otherwise properly equipped for the business of cold storage, the state board of health shall cause a license to be issued authorizing the applicant to operate a cold storage or refrigerating warehouse for and during a period of one year. The license shall be issued upon pay- ment by the applicant of a license fee to the state board of health for each and every warehouse or j)lant operated by applicant under the pro- visions of this act for all cold storage or refrigerating warehouses or plants having a capacity of ten thousand cubic feet, or less, a fee of fif- teen dollars. For all cold storage or refrigerating warehouses or plants having a capacity of more than ten thousand cubic feet and less than fifty thousand cubic feet, a fee of thirty dollars. For all cold storage or refrigerating warehouses or plants having a capacity of more than fifty thousand cubic feet and less than one hundred thousand cubic feet, a fee of forty dollars. For all cold storage or refrigerating warehouses or jilants having a capacity of one hundred thousand cubic feet or more, a fee of fifty dollars. The secretary of the -state board of health shall keep a full and cor- rect account of all fees received under the provisions of this act, and shall, at least once each month, deposit all such fees collected with the state treasurer and make a detailed report covering same to the state con- troller, and such moneys shall be credited to the appro]iriation for the Kiijiport of the i)ure food and drug laboratory; provide.!, however, that nothing in this act contained shall apply to cold storage or cold storage or refrigerating plants or warehouses as herein defined which are main- tained or operated by restaurants, hotels, or exclusively retail establish- iiients not storing articles of food for other persons. lAiiUMi.lment ap- proval April 2U, 1917; Stats. 1917, p. 152.] §7. Dates of receipt and withdrawal marked on articles. All articles „f food uIhmi d.'i'osite.r in col,! storage shall be marked j.lainly on the r„i,t:nn('rs in whirl, ih.'v nrc i,;ick(>d or on tlie iiidividuiil article with the r such fvin'tioiinl part of the tlicn current year. 635 C0RP0RATI0N8. Act 756, §§6-8 § 6. Corporations exempt. Corporations organized and conducted solely and exclusively for educational, religious, scientific or charitable purposes, corporations which are not organized or conducted for profit, corporations organized under the laws of any other state, territory or foreign country doing solely and exclusively an interstate or foreign liusi- ness, and those corporations taxed under subdivisions (a), (b) and (c) of section fourteen of article thirteen of the constitution, are exempt from I)ayment of the tax provided by section three of this act. § 7. "Corporation license tax exemption board." Protest. Contents. Corporations excepted. The secretary of state, state controller and meni- hers of the state board of control shall be and are hereby constituted the "corporation license tax exemption board." Except in cases where articles of incorporation are filed in the month of December, every cor- poration claiming exemption from the payment of the annual license tax prescribed by this statute must file with said board, at least thirty days before such license tax becomes due and payable, a written protest in which shall be set forth all facts and reasons upon which such exemp- tion claim is made. Such protest shall contain a concise statement of the nature, character and manner of doing business by such corporation, together with any other data illustrating the method of doing such busi- ness and the places in which such business is transacted within this state. Such corporation shall furnish to said board such other or additional in- formation as may Be required by said board. Such application shall be sworn to by the president, secretary or general manager, or authorized agent of such corporation. Failure to protest in the manner and within the time herein prescribed shall constitute a waiver of all rights of exemption from said tax; provided, however, that the corporation license tax exemption board shall have the power, irrespective of such protests to grant such exemption in the ease of corporations mentioned in section six of this act. The provisions of this section with respect to filing written claim of exemption, shall not apply to educational, religious, spientific or chari- table corporations, specified in section six of this act nor to corporations taxed under subdivisions (a), (b) and (c) of section fourteen, article thirteen of the constitution of this state. § 8. Tax exemption determined before filing articles of incorporation. Before filing a certified copy of the articles of incorporation of any domestic corporation in the office of the secretary of state, and before any foreign corporation files with the secretary of state the document or documents required by section one of this act, said articles of incorpora- tion or said documents shall be submitted to said corporation license tax exemption board, which board shall determine the question of whether such corporation is exempt, under any of the provisions of this act, from the license tax imposed hereby. All claims or applications for exemption, under this and the preceding section together with all evidence and proofs submitted therewith, shall be considered by such license tax exemption board, which shall deter- mine the question of such exemption. The determining of such corpora- tion license tax exemption board upon all questions of fact, with respect to such claims of exemption, shall be final and conclusive. Act 756, §§ 9-11 GENERAL LAWS. 636 § 9. Notice of time when tax payable. Notice of delinquency. Notice of suspension or forfeiture. On or before the first day of December of each year the secretary of state shall mail a notice to every corporation subject to the tax imposed by this act, notifying such corporations of the time when such tax shall be due and payable, when delinquent, and of the penalties for delinquency and nonpayment. Immediately after the first Monday in February of each year the secretary of state shall mail a notice to every corporation subject to the tax imposed by this act and which has failed to pay the same, notifying such corporation of its delinquency and the penalties therefor. Within ten days after the Saturdaj^ preceding the first Monday in March of each year the secre- tary of state shall, by registered mail, notify every corporation subject to the tax imposed by this act and which has failed to pay the same, thav; such corporation has been recorded by him as a "suspended" or "foj- feited" corporation in accordance with the provisions of this act, and that such suspension or forfeiture may be removed by complying with the provisions of this act. Mailing by the secretary of state to any cor- poration of any of the notices recjuired by this section shall not be a jurisdictional prerequisite to the accrual of any forfeiture provided by this act, or to the suspension of the corporate powers of any delinquent corporation and the officers thereof hereinafter provided, nor be held to be an essential prerequisite to the imposition of such or any other pen- alties for delinquency and nonpayment. § 10. License tax lien. The license tax due from any corporation sub- ject to the provisions of this act is a lien upon the real property of such corporation from and after the first day of January of each year and until paid or until the property is sold for the payment thereof. On or before the first Monday in April of each year the secretary of state shall make a list of all corporations subject to the tax imposed by or that should have been paid under this act and which have failed to pay the same, and transmit a certified copy thereof to each county clerk and county re- corder in this state. Said county clerks and county recorders shall file such certified copies in their respective offices in such manner that the same shall be preserved in the form of a permanent record of such office and easily identified by and available to the public. Said copies so certi- fied by the secretary of state and filed as herein provided shall, in the case of each corporation, state whether such corporation is a domestic or foreign corporation and specify the tax and penalties which each cor- [loration has incurred for failure to pay the tax imposed by this act. Such certified copies so filed with either of said county officers, or any copy tliereof certified by the secretary of state, shall be received in evi- dence in any court in lieu of the original record on file with the secre- tary of state and shall b(? prima facie evidence of the truth of all state- ments contained therein. §11. Rights of domestic corporations suspended. Eight of foreign corporations forfeited. Forfeiture relieved. After six o'clock P. M. of tlie Saturday preceding the first Monday in March in any year, the cor- porate rights, privileges and powers of every domestic corporation which lias failed to pay the tax ami money penalty for nonpayment thereof imposed by this act shall, from and after said hour of said day, be sus- 637 CORPORATIONS. Act 756, § 12 pended, and incapable of being exercised for any purpose or in any man- ner, except to execute and deliver deeds to real property in pursuance of contracts therefor made prior to such time, and to defend in court any action brought against such corporation, until said tax with all accrued penalties, taxes and charges due to the state under this act and subdi- vision (d) of section fourteen, article thirteen of the constitution are paid as hereinafter provided. The right and privilege of every foreign corporation, subject to the provisions of this act, to transact intrastate business in this state shall, for failure to pay the tax and money penalty for nonpayment thereof imposed by this act, be forfeited at said hour of said day, and the secretary of state shall make a record of such for- feiture. In the ease of foreign corporations such forfeiture may be re- lieved and the corporation's privilege to transact intrastate business in this state restored in the manner hereinafter provided. After said hour of said day and until such taxes, penalties and charges are paid, every person who attempts or purports to exercise any of the rights, privileges or powers of any delinquent domestic corporation except as permitted by this act, or, who transacts or attempts to transact any intrastate busi- ness in this state in behalf of any forfeited foreign corporation, shall be guilty of a misdemeanor and upon conviction thereof shall be pun- ished by a fine of not less than two hundred fifty dollars and not exceed- ing one thousand dollars, or by imprisonment in the county jail not less than fifty days or more than five hundred days, or by both such fine and imprisonment. The jurisdiction of such offense shall be held to be in any county in which any part of such attempted exercise of such powers, or any part of such transaction of business was had or occurred. Every contract made in violation of this section is hereby declared to be void. § 12. Application by stockholder or creditor to restore rights. Pay- ment of additional ahiount. Contractor's certificate. All corporate pow- ers, rights and jirivileges, suspended or foi'feited under the provisions of this act may be revived and restored to full force and effect upon appli- cation therefor by any stockholder or creditor thereof and upon pay- ment of all accrued taxes and penalties due to the state under this act and subdivision (d) of section fourteen, article thirteen of the constitu- tion. In case the application for such revivor and restoration is not made during the year in which such suspension or forfeiture occurred, such application shall not be gi-anted nor a certificate of revivor issued to such corporation until there is paid to the secretary of state in addi- tion to the tax and money penalty due or that should have been paid the state under this act and subdivision (d) of section fourteen, article thir- teen of the constitution for the year in which such suspension or for- feiture occurred, a sum of money, equal to the tax, without penalty, im- posed or that should have been paid under this act- during the year in which such suspension or forfeiture occurred, for each year succeeding said year in which such suspension or forfeiture occurred. Upon pay- ment of all such taxes and penalties, and upon payment of all other taxes due the state under subdivision (d) of section fourteen, article thirteen of the constitution, the state controller shall issue a certificate under his seal evidencing such payment and restoration, which certifi- cate, when recorded in the ofiice of any county recorder shall constitute Act 756, §§ l;S, 14 GENERAL LAWS. 638 a release of all existing lieus for such taxes upon the property of such corporation. Each county recorder shall keep an index of all such con- troller's certificates recorded by him. Upon presentation of such con- troller's certificate of revivor to any county clerk said officer shall make a record thereof in his office in a book kept for such purpose. The rec- ord so made by said county clerk shall be prima facie evidence of the restoration to such corporation of all previously suspended or forfeited rights, powers and privileges unless it appears from the records in the office of such county clerk or of the controller or secretary of state that subsequent to the date of such certificate of revivor the powers of said corporation have been agai:i suspended or its right to do intrastate busi- ness again forfeited. § 13. No dissolution until tax paid. No court shall have jurisdiction to make or enter any decree of dissolution of any domestic corporation until all taxes and penalties due under this act shall have been paid. § li. Restoration of right under acts of 1905 and 1915. Use of new name. Any corporation which has heretofore failed to pay any license tax and penalty imposed under the provisions of chapter three hundred eighty-six, Statutes 1905, and amendments thereof, or under chapter one hundred ninety. Statutes 1915, and for such nonpayment suffered a for- feiture of the charter of such corporation or of the right to do business in this state, may be relieved of such forfeiture, or may be restored to its right to do business in this state, upon making application therefor in writing and paying the license tax and penalties prescribed by said act, for nonpayment of which such forfeiture occurred. Application for restoration under the provisions of this section shall be made in writing, shall be signed by four-fifths of the surviving trustees or directors of said corporation, duly verified by said trustees or directors and filed with the state controller. Upon payment of the moneys due this state under the provisions of said act for the one year in which such forfeiture oc- curred, together with any tax levied in such year under subdivision (d) of section fourteen, article thirteen of the constitution by the state board of equalization, and the license tax due under the provisions of this act, the state controller shall issue a certificate of revivor to. such corporation, ;ind thereupon such corporation is revived and its powers restored to full force and effect. The revivor of a corporation, uiiiIim- tiic provisions of this section, shall be without prejudice to any action or proceeding, defense or right, whicli has occurred by reason of the original forfeiture. In case the name of any corporation which has suffered the forfeiture prescribed by either of said acts first in this section above mentioned, has been adopted by any other cori)oration since the date of said for- feiture, or in case any corporation has adopted subsequent to such for- feiture any name so closoJy resembling the name of such reviving cor- poration as will tend to deceive, tlien such reviving corporation shall be ciititlfd to a (■(■rlificjifc (if rc\i\()r pursuant to the terms of this section only ii|i'in llir .•iilopt ion liy such coriioration seeking revivor of a new name, and in such case nothing in tiiis section contained shall be con- strued as ])ermitting such reviving corporation to carry on any business 639 CORPORATIONS, Act 756, §§ 15-] 9 under its former name. iSiich reviving corporation shall have the right to use its former name or take such new name only upon filing an application therefor with the secretary of state, and upon the issuing of a certificate to such corporation by the secretary of state, setting forth the right of such corporation to take such new name or use its former name as the case may be. The secretary of state shall not issue any certificate per- mitting any corporation to take or use the name of any corporation here- tofore organized in this state and which has not suffered a forfeiture under either of the acts in this section first above mentioned, or to take or use a name so closely resembling the name of any corporation hereto- fore organized in this state as will tend to deceive. * The provisions of title nine, part three of the Code of Civil Procedure, in so far as they conflict with this section of this act arc not applicable to corporations seeking revivor under this act. § 15. Surrender of right to engage in intrastate business. Any for- eign corporation may surrender its right to engage in intrastate business in this state by filing with the corporation license tax exemption board an affidavit, sworn to by the president of such corporation, which shall contain a concise statement of the nature, character and manner of doing any business of any kind that such corporation may therefter intend to transact in this state. Said corporation shall furnish such other or addi- tional information as may be required by said board. Said board shall consider such application and the order of such board approving the same shall terminate the right of such corporation to transact intrastate busi- ness in this state. Any person transacting any intrastate business in this state in behalf of such corporation after approval of such application to surrender such privilege shall be guilty of a misdemeanor and punish- able as provided in section eleven of this act. § 16. False statement. Any false statement contained in any of the affidavits herein required shall constitute perjury, and shall be- punishable as such. § 17. Moneys paid. All moneys herein required to be paid shall, upon collection, be immediately paid into the state treasury. § 18. Statutes unaffected. Nothing in this act shall be construed as affecting or repealing any statute of this state respecting the assessment of franchises and levying of taxes thereon, as required by section four- teen, article thirteen of the constitution and chapter three hundred thirty-five of statutes of one thousand nine hundred eleven of this state and amendments thereof. § 19. Title. This act shall be known as the "corporation license act." The amendatory act of 1917 also contained the following provision: §2. In effect. This act, inasmuch as it provides for a tax levy, shall, under the provisions of section one of article four of the constitution, take effect immediately. Act 777, §§ 1-4 GENERAL LAWS. 640 ACT 777. An act defining industrial loan companies, providing for their incorpora- tion, powers and supervision. [Approved May 18, 1917. Stats. 1917, p. 658. In effect .July 27, 1917.] § 1. "Industrial loan company." The term "industrial loan company" as used in this act means any corporation which in the regular course of its business loans money and issues its own choses in action under the provisions of this act. § 2, Incorporation. Corporations may be incorporated under and by virtue of this act in the same manner as corporations under and by virtue of chapter one of title one of part four, division first of the Civil Code, except as otherwise herein provided. § 3. Capital stock. Shares. Capital stock paid. The capital stock of any corporation incorporated under the provisions of this act shall not be less than twenty-five thousand dollars in any city having a popu- lation of twenty-five thousand inhabitants or more and less than fifty thousand; and shall not be less than fifty thousand dollars in any city having fifty thousand or more inhabitants, and less than one hundred thousand; and shall not be less than one hundred thousand dollars in any city having one hundred thousand or more inhabitants, according to the last official census. The capital stock of any such corporation shall be divided into shares of the par value of one hundred dollars each. Before the articles of incorporation of any corporation, incor- porated under the provisions of this act, are filed, there must be paid in cash for .the benefit of the corporation to a treasurer, elected by the subscribers, not less than twenty-five per cent of the amount of the capital stock; the balance of the capital stock shall be paid in cash to the corporation at the rate of not less than ten per cent per month, following ■ the initial payment. No corporation organized hereunder shall create more than one class of stock. § 4. Powers of corporation. Every corporation under the provisions of this act shall have power: First — To loan money on persona] security, or otherwise, and to de- duct interest therefor in advance at the rate of six per cent per annum, or less, and in addition, to receive and to require uniform weekly or monthly installments on its certificates of investment, purchased by the borrower simultaneously with the said loan transaction, or otherwise, and pledged with the corporation as security for the said loan, with or with- out an allowance of interest on such installments. Second — To sell or negotiate choses in action for the payment of money at any time, either fixed or uncertain, and to receive payments therefor in installments or otherwise, with or without an allowance of interest upon .such installments. Notliing herein contained shall be construed to authorize corporations hereunder to receive deposits or to issue cer- tificates of deposit. The issuance of choses in action herein authorized shall be approved as to form by the commissioner of corporations and shall bear the indorsement on the face of the instrument "This is not a certificate of deposit." 641 COKPOFJATIONS. Act 777, i;^ •">, G Third — To charge for a loan, made pursuant to this section, one dol- lar for every fifty dollars, or fraction thereof loaned, for expenses, in- cluding any examination or investigation of the character and circum- stances of the borrower, and the drawing and taking acknowledgment of any papers, or ' other expenses incurred in making the loan. No charge shall be collected unless a loan shall ha\e been made, and in no case shall such charge exceed five dollars. Fourth— To establish branch offices, or places of business, within the county in which its principal place of business is located, bat not else- where. in addition to the powers herein enumerated, every corporation, under the provisions of this act, shall have the general powers conferred upon corporations by chapter three, title one, part four, division first, of the Civil Code, except as herein otherwise provided. § 5. Limitations on corporations. Xo corporation under the provi- sions of this act shall: (a) Hold at any one time the obligation or obligations of any person, firm or corporation, for more than two per cent of the amount of the ca^iital and surplus of such industrial loan co'mpany. (b) Make any loan, under the provisions of this act, for a longer period than one year from the date thereof. (c) Deposit any of its funds with any other moneyed corporation, unless such corporation has been designated as such depository by a vote of the majority of the directors or of the executive committee, exclusive of any director w^ho is an officer, director or trustee of the depository so designated. (d) Invest any of its funds, otherwise than as herein authorized, except in such investments as are by law legal investments for savings banks, or in the choses in action issued by any other corporation or- ganized under this act. (e) Have outstanding at any time its investment certificates in an aggregate sum in excess of ten times the aggregate amount of its paid ap capital, exclusive of those hypothecated with the company issuing them. § 6. Holding real estate, t'vcry corporation, under the provisions of this act, may purchase, hold and convey real estate for the following purposes, but for no other: First — ^^Such as shall be conveyed to it in satisfaction of debts pre- viously contracted in the course of its business. Second — Such as it shall purchase at sale under judgments, decrees or mortgage foreclosures under securities held by it, but no such cor- poration shall bid at any such sale a larger amouTit than shall be neces- sary to satisfy its debt and costs. Real estate shall be conveyed under the corporate seal of such cor- poration and the hand of its president or vice-president and manager or treasurer. No real estate acquired in . the eases contemplated above shall be held for a longer periocl than five years. . Parcels of such real estate not sold within said time may be purchased by any. person wanting the same, upon the conditions and proceedings provided in section fifty- 41 Act 777, §§ 7-11 GENERAL LAWS. 642 four of "An act to define and regulate the business of banking," ap- proved March 1, 1909. §7. Dividends. The directors of every corporation, under the pro- visions of this act, may at certain times and in such manner as its by-laws prescribe, declare and pay dividends to the stockholders of such corporation, of so much of the net profits of the corporation as may be appropriated for that purpose under its by-laws, but before any such dividend is declared, not less than ten per cent of the net profits of such corporation for the preceding half year or for such period as is covered by the dividend, shall be carried to its surplus until such sur- plus shall amount to twenty-five per cent of the paid up capital stock. § 8. Certificates of investment issued not creation of debt. Issuing certificates of investment and the like in the transaction of the business of cor[)orations under the provisions of this act shall not be construed to be the creation of debt within the meaning of the phrase "create debt" in section three hundred nine of the Civil Code nor of "indebted- ness" within the meaning of the phrase "the capital stock cannot be diminished to an amount less than the indebtedness of the corporation" in section three hundred fifty-nine of the Civil Code, except that no company organized hereunder shall reduce its capital stock to an amount less than is required by this act to be maintained by such company or less than any indebtedness of such company other than such invest- ment certificates. § 9. Taxed. Corporations, under the provisions of this act, shall be taxed the same as other general corporations. § 10. Subject to investment companies act. Corporations under the jirovisions of this act shall be subject to the provisions and regulations of "An act to define investment companies, investment brokers and agents; to provide for the regulation, supervision and licensing thereof; to provide penalties for the violation thereof; to create the office of commissioner of corporations and making an appropriation therefor," approved May twenty-eighth, nineteen hundred thirteen, and any addi- tions or amendments thereto. § 11. Order to discontinue violation of law. Order to discontinue unsafe practices. Suit to restrain enforcement. Commissioner of cor- porations may take possession of property. Jf it shall appear to the com- missioner of coijiorations that any company hereunder has violated or failed to comply with the provisions of its articles of incorporation, or any law of this state, or whenever it shall appear from the report of any company hereunder, or the commissioner shall have reason to conclude, that the capital of any company hereunder is impaired or reduced below the amount required by law, he may, by an order under his hand and of- ficial seal, addressed to such company, direct such company to discon- tinue Huch violation and to comply with the law, or to make good the deficioDcy or impairment of capital alleged by him to exist within sixty days after the date of such requisition; or 643 C0KP0KATI0N8. Act 777, § 12 If it shall ai)poar to the coiniuissioncr that such coiiiiiauy is eouiluct- ing business in an unsafe or injurious manner, he may, in like manner, direct the discontinuance of any such unsafe or injurious practices. Such orders shall require such company to show cause, before the com- missioner, 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 commis- sioner that such order should be made final he shall proceed to do so, and such company shall immediately comply with such order made by the commissioner of corporations. Such company 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 commenced and enforcement of such order l)e enjoined w-ithin ten days by the court in which such is suit is brought, then such company shall comply with such order. Upon failure of any company to comply with such order or if such company shall refuse to submit its books, papers and concerns to the inspection or examination of the commissioner of corporations, or to any one authorized by him to make such examination, or if any officer of such company shall refuse to be examined upon oath touching the concerns of such company, or if any such company shall neglect or re- fuse to observe any order made by the commissioner of corporations pursuant to his supervision as authorized by this act, the commissioner of corporations may forthwith take possession of the property and busi- ness of such company and retain such possession until such company shall resume business or its affairs be finally liquidated. On taking pos- session of the property and business of any such company, the commis- sioner of corporations may proceed to liquidate the same in the man- ner provided by the bank act. § 12. Powers of commissioner of corporations not aJfected. Nothing in this act contained shall be deemed or construed as a limitation or restriction of or as in any way affecting the power or discretion of the commissioner of corporations, under the investment companies act or any other statute now or hereafter in effect, to issue a permit author- izing any corporation under the provisions of this act to issue and dis- pose of choses in action in such amounts and upon such terms and con- ditions as he may in such permit provide and to impose such conditions as he may deem necessary to the issue of such securities and to establish such rules and regulations as may be reasonable or necessary to insure the disposition of the proceeds of such securities in the manner and for the purposes provided in such permit and from time to time for cause to amend, alter or revoke any permit issued by him or to refuse to issue such permit or otherwise authorize the issue of such securities. TITLE 130. COUNTIES. ACT 806. An act authorizing any county now or hereafter organized to incur indebtedness, issue negotiable bonds, levy taxes to pay the prin- cipal and interest thereof, acquire by condemnation or otherwise Act 806, g § 1, 2 GENERAL LAWS. 644 land within the county, and, in, consideration of the benefits to be derived therefrom by such county, to convey the same to the United States, for a j^ermanent mobilization, training and supply station for any or all such military purposes, including supply stations, the mobilization, disciplining and training of the United States army, state militia and other military organizations, as are now or may at any time be authorized or provided for under any law or laws of the United States; conferring on such counties the power of eminent domain for the purposes of this act and providing the procedure therefor; granting the consent of the state to such con- veyance and ceding exclusive jurisdiction to the United States over the lands so conveyed. [Approved May 25, 1917. Stats. 1917, p. 933. In effect July 27, 1917.] § 1. Boards of supervisors may incur Indelitedness to purchase land for United States mobilization stations. Whenever the secretary of war of the United States shall agree, on behalf of the government of the United States, to establish in any county now or hereafter organized in this state, a permanent mobilization, training and supply station for any or all such military purposes as are now or may be then or thereafter authorized or provided by or under any law of the United States, "on con- dition that land in such county aggregating ajiproxiniately a designated number of acres at such location or locations within any such county as may have been or may thereafter be from time to time selected or approved by such secretary of war be conveyed to the United States with the consent of the state of California, for the consideration of the benefits to be derived by such county from the use of such lands by the United States for such purpose and the board of supervisors shall deter- mine that it is desirable and for the general welfare and benefit of the people of such county and for the interest of the county to incur an indebtedness in an amount suflicient to acquire land in such county aggregating approximately the number of acres so designated, at such location or locations as may have been theretofore or may be thereafter selected or approved by such secretary of war, and, in consideration of the benefits to be derived therefrom by such county, to convey all such lands to the United States to be used by the United States for any or all such military purposes, as are now, or may be then or thereafter author- ized or provided by or under any law of the United States, including permanent mobilization, training and supply stations, such county is hereby authorized and empowered by and through its board of super- visors to incur an indebtedness evidenced by negotiable bonds of such county for such purposes in any amount not exceeding, together with all existing bonded indebtedness of sudi comily, five per cent of the taxable property of the county, as shown by tlie last equalized assessment book tlicreof, whenever two-thirds of the (jualified electors of the county vot- ing thereon sliall assent tliereto, at any election, either general or special, at whicli the proposal In imtir sii<-li IkhkIciI indel)tedness may be sub- mitted to such electors in tlic iiinmicr iiroviilcd by law. § 2. Manner of incurring indebtedness. Not to exceed five per cent of taxable property. Question submitted to voters. Such iiidelifedness 645 COUNTIES. Act 806, $$§ 3, 4 shall be incurred in the following manner, to wit: The board of super- visors of any such county shall by order specify (a) the purpose for which the indebtedness is to be incurred, which shall in general be, for acquiring land in such county aggregating approximately the number of acres designated in such agreement by such secretary of war to be con- veyed for the consideration of the benefits to be derived by such county from the use of such lands by the United States for such purposes, to the TJnited States for the purposes of a permanent mobilization, training and supply station, (b) the amount of bonds proposed to be issued, provided tliat such amount, together with all then existing bonded indebtedness of such county shall not exceed five per cent of the taxable property of the county as shown by the last equalized assessment-book thereof, ex- clusive of the taxable value of the land so proposed to be acquired and conveyed to the United States, (e) the rate of interest it is proposed such bonds shall bear, (d) the number of years, not exceeding forty, the whole or any part of said bonds are to run, and (e) such order shall further provide for submitting the question of the issuance of such bonds to the qualified electors of such county at the next general elec- tion, or at a special election to be called by the board for that purpose. The words to appear on the ballot shall be "Bonds — Yes" and "Bonds — No" or words of similar import, together with a general statement of the amouiit and purpose of the bonds to be issued, and which general statement shall include a statement that the purpose is to acquire and convey to the United States, for the consideration of the benefits to be derived by such county from the use of such lands by the United States, the amount of land set out in said order of the board of supervisors for the purpose of a permanent mobilization, training and supply station. If the question is submitted at a special election, notice thereof shall be given and the question submitted as provided in section four thousand eighty-eight of the Political Code of the State of California. § 3. If two-thirds favor. Procedure. If two-thirds of the qualified electors of the county voting thereon shall vote in favor of the issuing such bonds, the board must proceed to issue the, amount of bonds speci- fied. The board of supervisors in issuing and selling said bonds shall follow the procedure provided in said section four thousand eighty-eight of said Political Code as to other bonds of the county, and said bonds shall be in the form, of the denominations and specify the rate of inter- est as provided in said section and shall in all respects conform to the provisions of said section, and the payment thereof, both principal and interest, shall be provided for by a tax levy in the same manner as is provided in said section for the payment of the principal and interest of other bonds issued by any county, and said section, except as herein modified, is hereby specifically made applicable to all bonds at any time issued under the provisions of this act. § 4. Right of eminent domain granted. The acquisition of laud for the establishment of a permanont nu)l)i]ization, training and supply sta- tion for any and all such military purposes as are now or may be then or thereafter authorized or provided by or under any law of the United States is hereby declared to be a public use, and the right of eminent Acts 826a-826c general laws. 646 domain is hereby granted and extended to every county availing itself of the provisions of this act for every purpose of condemnation, appro- priation or disposition intended by this act and such county is hereby authorized and empowered to condemn and appropriate all lands and rights whatsoever necessary or convenient for carrying out the provi- sions of this act. Such right of eminent domain may be exercised on behalf of such public use in accordance with the provisions of title seven, part three of the Code of Civil Procedure of the state of California. § 5. Consent to acq.uisition by United States. Consent to exercise of exclusive legislation. Pursuant to the constitution and laws of the United States and especially to paragraph seventeen of section eight of article one of such constitution, the consent of the legislature of the state of Cali- fornia is hereby given to the United States to acquire, upon the condi- tions and for the purposes herein set forth, from any county acting under the provisions of this act, title to all lands herein intended to be referred to; such title to be evidenced by a deed or deeds of such county, signed by the chairman of its board of supervisors and attested by the clerk of such county, under seal and the consent of the state of California is hereby given to the exercise by the congress of the United States of exclusive legislation in all cases whatsoever over such tracts or parcels of land so conveyed to it; subject, however, to the right of the state to have concurrent jurisdiction so far that all process, civil or criminal, issued under authority of the state may be executed by the proper officers thereof within such tract, upon any person or persons amenable to the same in like manner and with like effect as if such con- veyance had not been made. The board of supervisors shall have the power to insert in every conveyance made under the authority of this act, such conditions subsequent as such board shall deem necessary to insure the use of such lands by the United States government for the purposes herein mentioned and to carry out the provisions of this act. TITLE 131. COUNTY BOUNDARIES. ACT 826a. An act to definitely establish and permanently locate the boundary line between the counties of Mendocino and Sonoma, state of California. [Approved May 31, 1917. Stats. 1917, ]>. 1396. In effect July 30, 1917.] ACT 826b. An act to describe, establish and permanently locate the boundary line between the counties of Kern and San Bernardino. [Approved May 10, 1917. Stats. 1917, p. 301.] ACT 826c. An act to (Icfinitriy cHtMltlish and iicriiiiuiciit ly locate a jjortion of the boundary line bc in vogue in this state. 649 ^ CRIMINAL LAW. Act 868a, ^§ 7-1 1 §7. Offices. Wuita))le oHiees for the jjioper comUict of the l)nieau shall be pro\i(le(l for by the superintendent of caiiitol biiildiii^^s and grounds. § 8. Daily copies of finger prints furnished. Daily reports of prop- erty stolen. It is hereby made the duty of the sheriffs of the several counties of the state of California, the chiefs of police of incorporated cities therein and marshals of incorporated cities and towns therein to furnish to the said bureau daily copies of finger-prints on standardized eight by eight inch cards, and descriptions of all such persons arrested who in the best judgment of such sheriffs, chiefs of police, or city mar- shals are persons wanted for serious crimes, or are fugitives from justice, or of all such persons in whose possession at the time of arrest are found goods or property reasonably believed by such sheriffs, chiefs of police or city marshals to have been stolen by them; or of all such persons in whose possession are found burglar outfits or burglar tools or burglar keys or who have in their possession high-power explosives reasonably believed to be used for unlawful purposes or who are in possession of infernal machines, bombs or other contrivances in whole or in part and reasonably believed by said sheriffs, chiefs of police and city marshals to be used for unlawful purposes, or of all persons who carry concealed firearms or other deadly weapons and reasonably believed to be carried for unlawful purposes, or who have in their pos- session inks, dye, paper or other articles necessary in the making of counterfeit bank notes, or in the alteration of bank notes; or dies, molds or other articles necessary in the making of counterfeit money, and reasonably believed to be used by them for such unlawful purposes. This section is by no means intended to include violators of city or county ordinances or of persons arrested for other trifling offenses. It is further made the duty of the aforesaid sheriffs, chiefs of police or city marshals to furnish said bureau daily reports of lost, stolen, found, pledged or pawned property received into their respective offices. § 9. Record of reports. In order to assist in the recovery of said property and in the arrest and prosecution of criminals, it is hereby made the duty of the said board of managers of said bureau to keep a complete record of all reports filed with the said bureau, of all per- sonal property stolen, lost, found, pledged, or pawned in any city or county of this state. § 10. File cards. To provide for the installation of a proper system, and file, and cause to be filed therein cards containing an outline of the method of operation employed by criminals in the commission of crime. § 11. Salaries. The board of managers of this bureau shall serve without compensation; provided, however, that they shall receive their necessary traveling expenses while attending meetings of said board. The superintendent shall receive a salary of two thousand four hundred dollars per annum; the salaries of the other employees shall be fixed by the board of managers subject to the approval of the board of con- trol. The superintendent and the other employees shall be paid in the same manner and out of the same fund as the state officers are paid, Act 867, § 1 GENERAL LAWS. 650 § 12. Appropriation. There is hereby appropriated out of any money in the state treasury, not otherwise appropriated, the sum of thirty-six thousand dollars, or so much thereof as may be necessary, to be used by said board of managers in furnishing, equipping and maintaining the said bureau in accordance with the provisions of this act, and for the payment of the salaries herein provided for, for the fiscal year end- ing June thirtieth, one thousand nine hundred eighteen, and the fiscal year ending June thirtieth, one thousand nine hundred nineteen. § 13. State controller directed to draw warrants. The state controller is hereby directed to draw warrants in favor of the said board of mana- gers at such times and such amounts as shall be approved by the state board of control, and the state treasurer is hereby directed to pay the same. § li. Furniture, eq.uipment and records of bureau of criminal identi- fication. All furniture, equipment and records now on file and in use in the ofiice of the "bureau of criminal identification of the state of Cali- fornia," shall become a part of the furniture, equipment and records of the "state bureau of criminal identification and investigation," imme- diately upon the organization of the board of managers as provided for in this act. § 15. Stats 1905, p. 520, repealed. An act entitled, "An act to create a state bureau of criminal identification, and providing for the appoint- ment of a director of said bureau, defining his duties and qualifications and powers; providing for the appointment of a clerk of said btireau and fixing his qualifications; fixing compensation of said director and clerk, providing for the manner of paying the same and providing for the expense of conducting the ofiiee"; approved March 20, 1905, is hereby repealed and all other acts and parts of acts in conflict herewith are I'.ereby repealed. ACT 867. An act creating an advisory pardon board; defining and prescribing the powers and duties thereof; and making an appropriation therefor. [Approved May 17, 1915. Stats. 1915, p. 465.] Amended 1917; Stats. 1917, p. 291. Tlie amendment of 1917 follov\-s: § 1. Advisory pardon board created. President pro tempore of sen- ate serves when. An advisory jjardon board of and tor the state of Cali- fornia is luTcby created, which shall consist of the lieutenant-governor, who shall be chairman of said board, the attorney general, and the war- flens of the two state prisons. Should the lieutenant-governor be absent or unable to perform the duties licrcin prescribed, the president pro temj)ore of tiie senate shall act in liis pl.ii-e. The board shall have and Dxcicise the powers and duties hcreiiiatler set forth and specified. I Amendment approved May 8, 1917; Stats. 1917, p. 291.] 651 DEADLY WEAPONS. Act 889, §§ 1-4 TITLE 141. DEADLY WEAPONS. ACT 889. An act relating to and regulating the carrying, possession, sale or other disposition of firearms capable of being concealed upon the person; prohibiting the possession, carrying, manufacturing and sale of cer- tain other dangerous weapons and the giving, transferring and dis- position thereof to other persons within this state; providing for the registering of the sales of firearms; prohibiting the carrying or pos- session of concealed weapons in municipal corporations; providing for the destruction of certain dangerous weapons as nuisances and making a felony to use or attempt to use certain dangerous weapons against another. [Approved May 4, 1917. Stat-s. 1917, p. 221. In effect July 27, 1917.] § 1. Manufacture, etc., of. certain dangerous weapons misdemeanor. Every person who manufacturers or causes to be manufactured, or leases, or keeps for sale, or offers, or gives, or otherwise disposes of any in- strument or weapon of the kind commonly known as a blackjack, slung- shot, billy, sandclub, sandbag, bludgeon, or metal knuckles, a dirk or dagger, to any person within this state is guilty of a misdemeanor, and if he has been previously convicted of a crime made punishable by this section, he is guilty of a felony. §2. Possession of certain dangerous weapons misdemeanor. Every person who possesses any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, bludgeon, metal knuckles, bomb or bombshells, or who carries a dirk or a dagger, is guilty of a misdemeanor, and if he has been convicted previously of any felony or of a crime made punishable by this act, he is guilty of a felony. § 3. Carrying firearms without license misdemeanor. Every person who carries in any city, city and county, town or municipal corporation of this state any pistol, revolver, or other firearm concealed upon his person, without having a license to carry such fireami^S^ hereinafter provided in section six of this act, shall be guilty of a misdemeanor, and if he has been convicted previously of any felony, or of any crime made punishable by this act, he is guilty of a felony. § 4. Unlawful possession of weapon etc., nuisance. Surrender of weapons, etc. Destruction of weapons, etc. The unlawful possessing or carrying of any of the instruments, weapons or firearms enumerated in section one to section three inclusive of "this act, by any person other than those authorized and empowered to carry or possess the same as hereinafter provided, is a nuisance, and such instruments, weapons or firearms are hereby declared to be nuisances, and when any of said articles shall be taken from the possession of any person the same shall be surrendered to the magistrate before whom said person shall be taken, except that in any city, city and county, town or other municipal cor- poration the same shall be surrendered to the head of the police force, } Act 889, §§5-7 GENERAL LAWS. 652 or police department thereof. The oflfieers to whom the same may be so surrendered, except upon certificate of a judge of a court of record, or of the district attorney of any county that the preservation thereof is necessary or proper to the ends of justice, shall proceed at such time or times as he deems proper, and at least once in each year to destroy or cause to be destroj^ed such instruments, weapons or other tirearm.s in such manner and to such extent that the same shall be and become wholly and entirely inetfective and useless for the purpose for which it was manufactured. § 5. Attempted use of weapons felony. Any person who attempts to use, or who with intent to use the same unlawfully against another, car- ries or po.ssesses a dagger, dirk, dangerous knife, razor, stiletto, or any loaded pistol, revolver or other firearm, or any instrument or weapon commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, bomb, or bombshell or any other dangerous or deadly instrument or weapon, is guilty of a felony. The carrying or posses- sion of any of the weapons specified in this section, by any person while committing, or attempting or threatening to commit a felony, or breach of the peace, or any act of violence against the person or property of another, shall be presumptive evidence of carrying or possessing such weapon with intent to use the same in violation of this section. § 6. License to carry concealed firearm. It shall be lawful for the board of police commissioners, chief of police, city marshal, town mar- shal, or other head of the police department of any city, city and county, town, or other municipal corporation of this state, upon proof before said board, chief, marshal or head, that the person applying therefor is of good moral character, and that good cause exists for the issuance thereof, to issue to such person a license to carry concealed a pistol, revolver or other firearm; provided, however, that the application to carry concealed such firearm shall be filed in writing and shall ^tate the name and residence of the applicant, the nature of applicant's occu- pation, the business address of applicant, the nature of the weapon sought to be carried and the reason for the filing of the application to carry the same. §7. Register of sales of firearms. Duplicate sheet mailed to police. Violation misdemeanor. Form of register. Kvery pcison in the business of selling, leasing or otherwise transferring a pistol, revolver or other firearm, of a size capable of being concealed upon the person, whether such seller, leasor or transferrer is a retail dealer, pawnbroker or other- wise, exce})t as hereinafter provided, shall keep a register in which shall be entered the time of sale, the date of sale, the name of the sales- man making the sale, the place where sold, the make, model, manufac- turer's number, caliber or other marks of identification on such pistol, revolver or otlier firearm. Much register shall be prepared by and ob- tained from the state printer and shall be furnished by the state printer to said dealers on application at a cost of three dollars per one hundred leaves in duplicate aiul shall In' in the form hereinafter provided. The j.urchaser of any firearm, caiiahle ol' being concealed upon the person 653 DEADI.Y WEAPONS. Act 889, § 7 sliall sign, and the dealer shall require him to sign his name and affix his address to said register in duplicate and the salesman* shall affix liis signature in duplicate as a. witness to the signature of the purchaser. Any person signing a fictitious name or address is guilty of a misde- meanor. The duplicate s-heet of such register shall on the evening of the day of sale, be placed in the mail, postage prepaid and properly ad- dressed to the board of police commissioners, chief of police, city mar- shal, town marshal or other head of the police department of the city, city and county, town or other municipal corporation wherein the sale was made; provided, that where the sale is made in a district where there is no municipal police department, said duplicate sheet shall be mailed to the county clerk of the county wherein the sale is made. A violation of any of the provisions of this section by any person engaged in the business of selling, leasing or otherwise transferring such firearms is a misdemeanor. This section shall not apply to wholesale dealers in their business intercourse with retail dealers, nor to wholesale or retail dealers in the regular or ordinary transportation of unloaded firearms as merchandise by mail, express or other mode of shipment, to points outside of the city, city and county, town or municipal corporation wherein they are situated. The register provided for in this act shall be substantially in the following form: Series No. Sheet No. Original. Dealers' Record of Sale of Eevolver or Pistol. State of California. Notice to dealers: This original is for your files. If spoiled in mak- ing out, do not destroy. Keep in books. Fill out in duplicate. Carbon duplicate must be mailed on the evening of the day of sale, to head of police commissioners, chief of police, city marshal, town mar- shal or other head of the police department of the municipal corpora- tions wherein the sale is made, or to the county clerk of your county if the sale is made in a district where there is no municipal police de- partment. Violation of this law is a misdemeanor. Use carbon paper for duplicate. Use indelible pencil. Sold by . Salesman City, town or township ■ Description of arm (state whether revolver or (listol) Maker number caliber Name of purchaser age ■ years. Permanent residence (state name of city, town or township, street and number of dwelling) -— — ■ Height feet — — inches. Oecui)ation Color skin — — eyes hair If traveling or in a locality temporarily, give local address Signature of purchaser (Signing a fictitious name or address is a misdemeanor.) (To be signed in duplicate.) Witness , salesman. (To be signed in duplicate.) Act 889, §§ 8, 9 GENERAL LAWS. 654 Series No. Sheet No. Duplicate. Dealers' Kecord of Sale of Revolver or Pistol. State of California. Notice to dealers: This carbon duplicate must be mailed on the evening of the day of sale as set forth in the original of this register page. Violation of this law is a misdemeanor. Sold by . Salesman — — City, town or township Description of arm (state whether revolver or pistol) Maker number caliber Name of purchaser age years. Permanent residence (state name of city, town or township, street and number of dwelling) Height feet inches. Occupation ■ Color skin ej'es hair If traveling or in a locality temporarily, give local address Signature of purchaser (Signing a fictitious name or address is a misdemeanor.) (To be signed in duplicate.) ' . Witness , salesman. (To be signed in duplicate.) § 8. Exceptions. Nothing in this act shall be construed to apply to sheriffs, constables, marshals, policemen or other duly appointed peace officers nor to any person summoned by any such officers to assist in making arrest or preserving the peace while said person so summoned is actually engaged in assisting such officer; nor to duly authorized military or civil organizations while parading nor to the members thereof when going to and from the places of meeting of their respective or- ganizations; nor to the possession or transportation by any merchant of unloaded firearms as merchandise; nor to bona fide members of any club or organization now existing or hereinafter organized, for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while such members are using any of the firearms re- ferred to in this act upon or in sucli target ranges, or while going to and from such ranges. § 9. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each section, subsection, sentence, clause and phrase- thereof, irre- spective of the fact that any one or more sections, subsections, sen- tences, clauses or phrases be declared unconstitutional. 655 DEAF, DUMB AND BLIND. Act 895b, 5; 1 TITIiE 142. DEAF, DUMB AND BLIND. ACT 895b. An act to authorize certain improvements upon the grounds of the Cali- fornia School for the Deaf and Blind at Berkeley, California. [Approved May 17, 1917. Stats. 1917, p. 578. In effect July 27, 1917.] § 1. Fences on grounds of California School for Deaf and Blind. The directors of the California School for the Deaf and Blind are hereby authorized to remove the present fence on the grounds of said school, which extends thirty feet across the eastern terminus of Derby street, and also the fence which extends a distance of one hundred twenty- four and sixty-five one hundredths feet from said terminus along Tangle- wood road, as said street and road are delineated upon a map entitled, "plat of Tauglewood road opening, Berkeley, California," filed in the oflEiee of the county recorder of Alameda county on the third day of April, one thousand nine hundred sixteen, and recorded in Mber fourteen of maps, page twenty-five, and to replace said fence along a line described as follows: Commencing at the point of intersection of the northerly line of Derby street and the easterly line of Belrose avenue extended northerly, as said street and avenue are delineated on said plat of Tanglewood road opening, Berkeley, California; thence easterly parallel to the southerly line of plot seventy-eight, as said plot is shown and designated upon Kellersberger's map of rancho of Vicente and Domingo Peralta, and filed in the office of the county recorder of Alameda county, a distance of eighteen and five-tenths feet; thence along a circular arc of two hun- dred two and ninety-four one hundredths feet radius easterly and south- erly to its intersection with the said southerly line of plot seventy-eight at a point distant therein easterly one hundred twenty-four and sixty- five one-hundredths feet from the intersection of the easterly line of Belrose avenue and the said southerly line of plot seventy-eight, in order that the following described triangular piece of land may be used as a public highway: Beginning at the intersection of the eastern line of Belrose avenue with the dividing line between plot seventy-seven and plot seventy- eight as shown upon said Kellersberger's map of rancho of Vicente and Domingo Peralta, and running thence northerly along the said eastern line of Belrose avenue thirty -feet; thence easterly parallel to the south- ern line of said plot seventy-eight, a distance of eighteen and five-tenths feet; thence along a circular arc of two hundred two and ninety-four one-hundredths feet radius easterly and southerly to its intersection with the said southern line of plot seventy-eight at a point distant therein easterly one hundred twentj^-four and sixty-five one hundredths feet from the point of beginning; thence westerly in a straight line to the point of beginning; being a portion of said plot seventy-eight and con- taining six-hundredths acre, more or less. Act 976, §§1-3 'JENERAL LAWS. 656 TITLE 159. . DRAINAGE. ACT 976. Au act validating the formation and organization, and determining the boundaries of drainage improvement district number one of the county of Merced, state of California. [Approved January 29, 1917. Stats. 1917, p. 3. In effect immediately.] § 1. Drainage improvement district No. 1, Merced county, validated. Drainage improvement district number one of the county of Merced, state of California, as formed and organized by the board of supervisors of said Merced county, and as now existing, is hereby recognized and declared valid, and all proceedings on the formation and organization thereof are hereby approved, ratified and declared valid. § 2. Boundaries. The boundaries of said district, as fixed by the board of supervisors of said Merced county are hereby approved and declared to be as follows: Commencing at the northeast corner of section two, township seven south, range eleven east, Mount Diablo base and meridian, thence, fol- lowing section lines, south three miles to the southeast corner of section fourteen, of said township and range; thence, following section lines, west two miles, to the southwest corner of section fifteen, said town- sliip and range; thence, following section line, north one mile to the northwest corner of said section fifteen; thence east three-eighths mile; thence north one-half mile; thence east three-sixteenths mile; thence north one-quarter mile; thence east seven-sixteenths mile; thence north one-quarter mile to the northeast corner of section ten, said township and range; thence, following section line, north seven-eights mile to a point on the continuation easterly of the southerly line of lot one of the San Joaquin-Eucalyptus Company's subdivision; thence westerly along lot lines to the southwest corner of lot four of said subdivision; thence northerly along lot line and the continuation thereof to the north line of section three, said township and range; thence following section lines east and one-eighth miles, more or less, to the point of commence- ment. §3. Urgency measure. liiMsimich as there are in said districts l)odies of stagnant water in close proximity to communities, neighborlioods and a large number of residences; and inasmuch as said bodies of stagnant water are injurious to llic liciillh of the said residents, and of the in- liabitants of said coinniuiiit ics and iieigliborhoods, and for the preser- vation of tlif safety and healtli of llio public, must be drained; and iiiasmnch as this act is necessary to ].ro\ide ample power for the drainage of said bodies of stagnant water, it is licreby determined and declared that tins act, and each and all of the provisions thereof, constitute (Did is iiii urgency measure necessary for tlie immediate preserva- tion of tlic |)ublic safety and health within the meaning of section one of article four of the constitution and shall take elTcct and Ix- in full force immediately from and after its passage. 057 DRAINAGE. Act 976a, §§ 1, 2 A.CT &76a. All act validating the formation and organization, nnd determining tiie boundaries of drainage improvement district number two of the county of Mercetl, state of California. I Approved .Tannary 29, 1917. Stats. 1917, p. 4.] § 1. Drainage improvement district No. 2, Merced county, validated. Drainage improvement district number two of the county of Merced, state of California, as formed and organized by the board of supervisors of said county of Merced, and as now existing, is hereby recognized and declared valid, and all proceedings on the formation, and organization thereof are hereby approved and declared valid. § 2. Boundaries. Tiie boundaries of said district, as fixed by the board of supervisors of said Merced county are hereby approved and declared to be as follows: Commencing at the northeast corner of section six, township seven south, range thirteen east, Mount Diablo base and meridian; thence south on the east line of section six and seven to the intersection of the north line of the California state highway; thence northwesterly along said highway to a point that is at right angles northeasterly from the northwest corner of lot five of Buhach colony; thence southwesterly on the lot lines to a point ten chains southwest of the northwest corner of said lot five; thence northwesterly parallel with the right of way of the Central Pacific Eailroad to a point on the easterly line of lot two of Buhach colony ten chains southwest of the northeast corner of said lot; thence southwesterly on lot lines to the southeast corner of lot twenty-four; thence southeasterly to the northeast corner of lot thirty-one; thence southwesterly to the southeast corner of lot thirty- one; thence south to the southeast corner of lot fifty-seven; thence west to the southwest corner of lot fifty-seven; thence south on the westerly line of lot fifty-six to the southerly line of canal right of way; thence southeasterly along said canal right of way through lots fifty-six, fifty-five, fifty, fifty-one and fifty-two to the east line ot lot fifty-two; thence south to the southeast corner of lot fifty -three, all in Buhach colony; thence west one mile to the northeast corner of sec- tion twenty-three; thence south one mile to the south-east corner of section twenty-three; thence west one-half mile; thence north one mile; thence west one-half mile to the south-west corner of section fourteen; thence north one-half mile; thence west one-fourth mile; thence north one-fourth mile; thence west three-eighths mile; thence north one-fourth mile; thence east one and three-eighths miles to the southeast corner of lot thirty, Atwater colony; thence north one mile to the northeast eorner of lot three, Atwater colony; thence west to the northwest corner of lot four of said colony; thence north to the north line of the state highway; thence northwesterly along state highway to the west line of section two, township seven south, range twelve east. Mount Diablo base and meridian; thence north to the northwest corner of section two; thence west to the quarter corner on the south line of section thirty-four, township six south, range twelve east, Mount Diablo base and meridian; thence north one and one-half miles to the center of section twenty-seven; thence east about one-half mile to the intersec- 42 Act 977, § 7^ GENERAL LAWS. 658 tion of the westerly line of the Livingston canal right of way; thence southeasterly along the southerly line of said canal right of way to the south line of section twenty-six; thence east to the northeast corner of section thirty-five; thence south about one-half mile to the south line of said canal right of way; thence southeasterly along the south line of said canal right of way to the intersection of the south bound- ary of section thirty-one of township six south, range thirteen east, Mount Diablo base and meridian; thence east about three-fourths mile to the place of commencement. § 3. Urgency measure. Inasmuch as there are in said district bodies of stagnant water in close proximity to a large number of residences; and inasmuch as said bodies of stagnant water are injurious to the health of the inhabitants of said community, and for the preservation of the safety and health of the public, must be drained; and inasmuch as this act is necessary to provide ample power for the drainage of said bodies of stagnant water, it is hereby determined and declared that this act, and each and all of the provisions thereto, constitute and is an urgency measure necessary for the immediate preservation of the pub- lic safety and health within the meaning of section one, article four of the constitution and shall take effect and be in full force immediately from and after its passage. ACT 977. An act to create a drainage district to be' called Knight's Landing ridge drainage district; to promote drainage therein by the making of a cut through Knight's Landing ridge, and the construction of a canal leading therefrom; to provide for the election and appointment of officers of said drainage district; defining the powers, duties and compensation of such officers; and providing for levying and collect- ing assessments upon the lands within said drainage district; the issuance of bonds by said drainage district and testing the validity of the levy of such assessments and the issuance of such bonds. [Approved April 30, 1913. Stats. 1913, p. 109.] Amended 1915, p. 546; 1917, p. 277. The amendment of 1917 follows: § 71/2- Assessments adjudged invalid become credit. In the event that any land owner of the said districts shall have paid the amount, or any portion of the amount, assessed against any tract of land before said assessment shall have been adjudged invalid, in whole, or in part, the amount so paid by said land owner, together with legal interest thereon from the date of such payment, shall be a credit and shall be credited by the treasurer of the county where the assessment list is filed, or by said district, or upon any subsequent assessment on the tract of land on which the said invalitl assessment was paid, or be applied in satisfaction pro tanto of any such subsequent assessment thereafter levied on said tract. [New section added May 5, 1917; Stats. 1917, p. 278.] The amendment adding § 7K> I0 the; act also contained the following provision: §2. Repealed. All acts and jmrts of acts in conflict with the pro- 659 DRAINAGE. Acts 985, 988a, § 1 visions of this act are hereby repealed. [New section added May 5, 1917; Stats. 1917, p. 277.] ACT 985. Au act to promote drainage. [Approved March 18, 1885. Stats. 1885, p. 204.] Amended 1891, p. 262; 1909, p. 25; 1917, p. 782. The amendment of 1917 follows: § 201/2. Disincorporation of drainage district. Taxes for payment of indebtedness. Any drainage district organized under the provisions of this act may be disincorporated at any time by proceedings had in the following manner: Whenever a petition praying for such disincorporation shall be presented to the trustees of said district, signed by a majority of the electors therein, they shall call an election in the same manner as elec- tions for members of the board of trustees are called, and submit to the electors of said district the question of disincorporation. Said elec- tion shall be held in all respects in the same manner as regular elec- tions of trustees of the district. If it appears that two-thirds of the electors voting at said election have voted in favor of disincorporation, the trustees shall cause such fact to be entered upon their minutes, and shall forward a copy of such entry to the board of sui^ervisors of the county in which the district was formed, who shall file the same with their clerk, and from the date of such filing, said district shall be deemed disincorporated; provided, that if at the time of the dissolution, or dis- incorporation of said district, there be any outstanding bonded or other indebtedness of such district, then taxes for the payment of such bonded or other indebtedness shall be levied and collected the same as if such district has not been dissolved and disincorporated, but for all other purposes such district shall be deemed dissolved and disincorporated from the time of the forwarding of said copy of such entry to said board of supervisors. [New section added May 21, 1917; Stats. 1917, p. 782.] ACT 988a. An act declaring certain drainage work already done within drainage district number one, Butte countj^, to have been legally done, vali- dating the same, and making such work a proper subject for the levy of an assessment to pay therefor; authorizing the levy and collection of such assessment in said district to provide for such payment, and interest; the original assessment levied and collected being insufficient to provide for such payment. [Approved May 21, 1917. Stats. 1917, p. 789. In effect July 27, 1917.J § 1. Work in drainage district No. 1, Butte county validated. All the work, labor, and services rendered drainage district number one in the county of Butte, state of California, in the construction, mainte- nance and repair of main and lateral drainage ditches, and drainage works, already done upon lands lying within said district, for the pay- ment for which the original assessment levied and collected under the provisions of the act entitled, "An act to promote drainage," approved March 18, 1885, as amended, was insufficient, is hereby declared to have Act 988b, §§ 2, 3 general laws. 660 been legally done, is hereby validated and is hereby made a proper sub- ject for the levy of an assessment for the payment therefor. § 2. Statement to board of supervisors. Order to make assessment. The board of trustees of said drainage district is hereby authorized and empowered to present to the board of supervisors of said county, a statement of all the work, labor and services rendered said district in the construction, maintenance and repair of main and lateral drain- age ditches, and drainage works, already done upon lands lying within said district, for the payment for which the original assessment levied and collected under the provisions of said act approved March 18, 1885, as amended, was insufficient. Such statement shall contain a memo- randum of the unpaid claims existing by reason of the performance of said work, and the names of the respective claimants; and shall specify those claims included in said memorandum for which warrants have been issued, if there are any such claims, and the date of their registration, and shall also specify those claims included in said memorandum for which no warrants have been issued, if there are any such claims. Said board of supervisors is hereby authorized and empowered to make an order directing that the commissioners who made such original assess- ment, or other commissioners to be named in such order, assess upon the lands situated within said district a charge proportionate to the whole expense incurred for such work, the total of which shall not exceed the sum of six thousand dollars, and to the benefit which has resulted from such work; which charges must be collected and paid into the county treasury of said county either in cash or in regularly issued warrants of said district as hereinafter provided, and must be placed by the treasurer of said county to the credit of said district, and applied to the payment of said claims, and to the payment of interest on any of said claims for which warrants were issued and registered, at the rate of six per cent per annum, from the respective dates of registra- tion, upon the warrants of said trustees, approved by said board of supervisors. § 3. Warrants. All such warrants drawn by said trustees must, after they have been approved by said board of supervisors, be presented to said treasurer; and if they are not paid on presentation like indorse- ment must be made thereon, and they must be registered in like man- ner as county warrants, and paid in the order of their registration. All of such warrants shall, from the date of their registration, bear interest at the rate of six per cent, ]ier annum; provided, however, that any of such warrants may be used in tlie payment of the assessment herein providei] for without regard to tlic order of their registration. ACT 'J88b. .\n act validating the formation and organization of Los Angeles County Drainage District Jniprovetiient No. 1 under the provisions of an act of the legislature of the state of California approved March 21, 1903, as amended May 7, H)!."), and entitled as amended, "An act to l)romote tlie drainage of wet, s\\ani|i ;inil (ivcrdowcd lands and to jirornotf the public Jicalth in the cdninin nit ics in which tliey lie, 661 EGGS. Act 991a, i;§ 1-G providing for tiic issuance of lands and levying of assessments 6n lauds benefited, to jiay the costs and expenses thereof." [Approved March 4, 1917. Stats. 1917, p. 227.]. The nature and purpose of the act sufficiently appear from the title. TITLE 160. EGGS. ACT 991a. An act to regulate the sale of eggs which have been in transit more than thirty-one days, and prescribing penalties for violations thereof. [Approved May 5, 1917. Stats. 1917, p. 258. In effect July 27, 1917. J § 1. Words defined. For the purpose of this act the words "person, firm, company or corporation" shall include wholesalers, retailers, job- bers, and every person, firm, company or corporation owning, operating or conducting any place of business where eggs are sold or offered for sale. § 2. Eggs in transit more than thirty-one days to be marked "storage." Every person, firm, company or corporation who sells, offers for sale, or has in his or their possession for sale, or consigns, ships or presents to any dealer, commission merchant, consumer, or other person, any egg or eggs which said egg or eggs is or were produced at any place requir- ing thirty-one days or more to transport the eggs to the selling point, shall, before so doing, cause to be stamped, marked or branded upon Liie container thereof in black-faced letters not less than one-half of an inch in height the word "storage." § 3. Display of sign in salesroom. Every person, firm, company or corporation selling or offering for sale any. eggs which were produced at any place requiring thirty-one days or more to transport the eggs to the selling point, prior to the date of sale or offering for sale, shall display in a conspicuous place in his or their public salesroom a sign which shall not be less than one foot in height and six feet in length, bearing the words "storage eggs sold here" in black-faced letters not less than six inches, in height and one inch in width upon a white ground. § 4. Report to state board of health. Every person, firm, company or corporation who receives eggs that have been produced at any place re- quiring thirty-one days or more to transport the eggs to the selling point, prior to their sale or offering for sale, shall, immediately thereafter re- port to the state board of health the number of eggs received, the date when received and the place where such eggs were produced, and the name of the person, firm, company or corporation to whom sold. §5. Enforcement. It shall be the duty of the state board of health to enforce the provisions of this act, and to that end the said board may make necessaiy rules and regulations. § 6. Penalty. Every person, firm, company or corporation who shall fail to comply with any of the provisions of this act is guilty of a mis- Act 1010, § 1 GENERAL LAWS. 662 demeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not more than six months; or by a fine of not more than two hundred dollars, or by both such fine and imprisonment in the discretion of the court. TITLE 162. ELECTIONS. ACT 1010. An act to provide for and regulate primary elections, and providing a method for choosing the delegates for political parties to state conventions and for nominating electors of President and Vice- president of the United States, and providing for the election of party county central committees, and to repeal the act approved April 7, 1911, knovpn as the direct primary law, and also to repeal the act approved December 24, 1911, amending sections 1, 3, 5, 7, 10, 12, 13, 22, 23, and 24 of the said direct primary law, and also to repeal all other acts or parts of acts inconsistent with or in con- flict wnth the provisions of this act. [Approved June 16, 1913. Stats. 1913, p. 1379.] Repealed 1915, p. 239. Amended 1916 (Extra Session), p. 41; 1917, p. 1341. The repealing act of 1915 was defeated by a referendum at a general election held October 26, 1915. The amendatory act of 1916 (Extra Session) was repealed by a ref- erendum at a general election held November 7, 1916. The act in force therefore consists of the original act of 1913 as amended in 1917. The act is herewith given in full; § 1. Definitions. "Words and phrases where used in this act shall, un- less such construction be inconsistent with the context, be construed as follows: 1. The words "primary election," any and every primary nominating election provided for by this act. 2. The words "August primary election," tlu^ primary election held in August to nominate candidates to be voted for at the ensuing November election or to elect members of a party central committee or delegates 1o a party convention. 3. The woi'ds "May iiresidential primary^ election," any such primary election, held in May of each year of the general November election at which electors of President and Vice-president of the United States are to l)c chosen, as shall i)rovide for the indication of preference in the several ymlitical j)artics for party candidates for President of the United States tlirougli the election of delegates to national party conventions. 1. The word "election," a general state, county, city or city and county election as distinguished from a primary election, recall election, or special election. 5. The words "Xovemhi'i clt'ctioii," citlicr the incsidciitial election, or the general state, county, or city ami idiuily chM-tion held in November of each even numbered year. 663 ELECTIONS. Act 1010, ^ 1 a. The words "judicial officer," any justice of the supreme court, jus- tice of a district court of appeal, judge of the superior court, justice of the peace, or justice of such inferior court as the legislature may es- tablish in any county, township, incorporated city or town, or city and county; and the words "judicial office," the office filled by any of the above judicial officers. 7. The words "school officer," the superintendent of public instruction and the superintendent of schools of a county or city and county; and the words "school office," the office filled by any of the above school officers. 8. The words "county officer," any officer elected within the boundaries of any county or city and county except a member of the state board of equalization, judge of the superior court, justice of the peace, member of the state senate or assembly or a member of the house of representa- tives of the congress of the United States or a mepiber of any party county central committee or delegate to a state convention from a hold- over senatorial district; and the words "county office," the office filled by any county officer. The words "township officer," any such county officer as is elected within the boundaries of any judicial township that is now or may be hereafter provided by law; and the words "township office," the office filled by any township officer. 9. The word or words "political party," "party," "political organiza- tion," or "organization," a political party or organization of electors which has qualified, as hereafter provided, for participation in any primary election; and such party or organization shall be deemed to have so qualified when one or both of the following conditions have been complied with: (a) Qualification as political party. If at the last preceding Novem- ber election there was polled for any one of its candidates who was the candidate of such party only for any office voted on throughout the state, at least three per cent of the entire vote of the state, or for any one of its candidates who was the joint candidate of such party and any other party for any office voted on throughout the state, at least six per cent of the entire vote of the state; or (b) If on or before a date which shall be the seventy-fifth day before any primary election, there shall be filed with the secretary of state a petition signed by registered qualified electors of the state, equal in number to at least three per cent of the entire vote of the state at the last preceding November election, declaring that they represent a poli- tical party or organization the name of which shall be stated therein, which party said electors desire to have participate in such primary election; such petition to be circulated, signed, and the signatures thereon of the registered electors certified to and transmitted to the secretary of state by the county clerks substantially as provided in section five of this act, for the circulation, signing, certification, and transmission of nomination papers for state officers; providing, however, that no electors or organization of electors shall assume a party name or desig- nation which shall be so similar to the name of an existing part}- or organization as to mislead voters. Act 1010, §§ 2-J: GENERAL LAWS. 664 Construction. This statute shall be liberally construed, so that the real will of the electors shall not be defeated by any informality or failure to comply with all the provisions of this law. In counties having registrar. In each county and city and county in this state, having a registrar of voters or registrar of voters and a board of election commissioners, the powers conferred and the duties imposed in this statute upon a county clerk and his deputies, and other officers, in relation to matters of election and polling places, shall be exercised and performed by such registrar of voters or his deputies, or registrar of voters or Ms deputies and board of election commissioners; and all nominating papers, list of candidates, expenses, and oaths of office, re- quired by this statute to be made to or filed with county clerks, shall be made to or filed with the registrar of voters. [Amendment approved May 29, 1917; Stats. 1917, p. 1311.] § 2. Nomination of candidates. All candidates nominated at a pri- mary election for elective public offices shall be nominated by direct vote at such election held in accordance with the provisions of this act; pro- vided, that electors of President and Vice-president of the United States shall be nominated as provided in subdivision 2 of section 24 of this act. This act shall not apply to recall elections or to special elections to fill vacancies; nor to the nomination of officers of municipalities, counties, or cities and counties whose charters provide a system for nominating candi- dates for such officers; nor the nomination of officers for any district not formed for municipal purposes; nor to the nomination of freeholders to be elected for the purpose of framing a charter; nor to the nomination of officers for cities of the fifth and sixth classes, nor to the nomination of school district officers. [Amendment ap^iroved May 29, 1917; Stats. ]917, p. 1343.] §3. August primary. Legal holidays. The August primary election shall be held at the legally designated polling places in each precinct on the last Tuesday in August, for the nomination of all candidates to be voted for at the ensuing November election. The day of the August primary election and the day of the May presidential primary election are hereby declared to be holidays within the meaning of section 10 of the Political Code. Any person entitled to vote at such August or May primary elections shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed, for the period of two consecutive hours, between the time of opening and the time of closing the polls; and such voter shall not, be- cause of so absenting himself, lie ll.ilile to any ])enalty, nor shall any deduction be made, on account of such absence, from his usual salary or wages. Any primary election other than the August primary election, or May presidential primary election sliall be held on Tuesday, three weeks next preceding the election for which such ]>rimary election is held. § 1. Statement of electors registered. Notice of offices for which candidates are to be nominated. On the l weutylifth day Ijeforo the (irst Tuesday in May, on fh(! twenty-fifth day b<;fore the last Tuesday in August, and on the twenty-fifth day before the date of the November 665 ELECTIONS. Act 1010, § 5 election, in each even unnibered year, the county clerk or registrar of voters of each county or city and county sliall transmit a statement to the secretary of state of the total number of electors registered in his county between the first day of January next preceding and a date in each instance five days preceding the date of transmission of such state- ment as herein provided for, together with the number so registered under each of the several political affiliations, and also the number de- clining or failing to declare such affiliation. At least seventy days be- fore the time of holding the August primary election in 1918 and bien- nially thereafter, the secretary of state shall prepare and transmit to each county clerk and to the registrar of voters in any city and county a notice in writing designating all the offices, except township offices, for which candidates are to be nominated at such primary election, together with the names of the political parties qualified to participate in such election. 2. Publication of notice. Within ten days after receipt of such no- tice such county clerk or registrar of voters in any city and county shall publish once in each week for two successive weeks in njot more than two newspapers published in such county or city and county so much thereof as may be applicable to his county, including a statement of the township offices in the county for which candidates are to be nominated, and a statement of the number of members of the county central com- mittee to be elected by each political j^arty in each supervisorial or assembly district, as the case may be, according to the provisions of sub- division 4 of section 24 of this act. 3. Publication of notice of other primaries. In the case of primary elections other than the August primary elections the city clerk or sec- retary of the legislative body of the political subdivision for which such primary election shall be held shall cause one publication of such notice to be given, such publication to be not more than forty and not less than fourteen days before such primary election. [Amendment approved May 29, 1917; Stats. 1917, p. 1344.] §5. Method of getting name on ballot. 1. The name of no candidate shall be printed on an official ballot to be used at any primary election unless at least forty days prior to the primary election, if the candidate is to be voted for at the August primary election or the May presidential primary election, and at least twenty-five days prior to the primary election, if the candidate is to be voted for at a primary election other than the August or May primary election, a nomination paper nominating such candidate shall have been prepared, circulated, signed, verified and left with the county clerk for examination, or for examination and fil- ing, in the manner provided by this act. 2. Verification deputies. Form of documents. Additional deputies, (a) The candidate may aiipoint verification of dei)uties to serve within the county or city and county in which such deputies reside in securing signatures to his nomination paper for nomination to the office for which he is a candidate, and the verification deputies thus appointed shall be recognized as the duly authorized verification deputies to secure sig- Act 1010, § 5 GENERAL LAWS. 666 natures to the nomination paper of such candidate in such county or city and county. The document in which such verification deputies are appointed as herein provided shall be filed with the county clerk of the county or city and county in which such verification deputies reside, at or before the time the nomination paper of the candidate is left with the county clerk for filing or for examination as provided in subdivision 4 of this section. Said document shall be in substantially the following form: I, the undersigned, a candidate for the ; party nomination for the office of , which nomination is to be made by direct note at a pri- mary election to be held on the day of August, 19 — , do hereby ajipoint the following registered qualified electors of the county of , as verification deputies to obtain signatures in said county to a nomina- tion paper placing me in nomination as a candidate of said ' party for said office of . Verification Deputies. Name. Eesidence. etc. etc. (Signature) . (Residence) . Filed in the office of the county clerk of county this dav of , 19—. , County Clerk. By , Deputy. In case it is desired to appoint additional verification deputies to se- cure signatures to the nomination paper of such candidate, one or more similar documents may be filed to supplement the first document. When the office for which the candidate is proposed is a judicial, school, county, township or municipal office, the words " party," and the words "of said party," shall be omitted from said document. Or, as an alternative to the foregoing portion of this section and subdivision, verification deputies maj' be appointed in behalf of a candidate as fol- lows: 2. Five electors may propose candidate. Consent of candidate. Form of document. Additional deputies, (b) Any five qualified electors of any county or city and county who are registered as intending to affiliate with the same political party may join in proposing a candidate for nomination to any office to be voted on in such county or city and county at the next ensuing primary election, and in appointing verification deputies to serve within such county or city and county in securing sig- natures to the nomination paper of such candidate for such office. If the office is an ofTicc the candidate for wliich is to be voted on in more tlian one county, ln' may be |iro[i(is('i| tOi- nomination as herein provided l)y five of the registered (jualified electors in each of the counties in wliich such electors may desire to circulate a nomination paper in his 667 ELECTIONS. Act 1010, ^ 5 behalf. The signatures of the said five qualiliod electors sliall be veri- fied free of charge before any officer authorized to administer an oath, and the document containing such signature shall be filed with the county clerk of the county or city and county in which said five quali- fied electors reside, at or before the time the nomination jiaper of the candidate is left with the county clerk or registrar of voters for filing or for examination as provided in subdivision four of this section. In said document the five signers shall make affidavit that the candidate therein named for the office therein specified has given his consent to be thus proposed for nomination to such office; and shall also state that the verification deputies therein appointed are duly registered qualified electors of said county or city and county; and the verification deputies thereii^ appointed shall be recognized as the duly authorized verification deputies to secure signatures to the nomination paper of such candidate in such county or city and county. Said document shall be substan- tially in the following form: State of California, County of , ss. We, the undersigned, do solemnly swear (or affirm) that we are each qualified electors of the county of , state of California, and that we are each registered as intending to affiliate with the party and we do hereby propose , who resides at No. , street in the city of (or in the town of) , county of , as a candidate for the nomination of such party for the office of , to be voted for at the primary election to be held on the day of August, 19 — ; and we do solemnly swear (or affirm) that said has consented to this pro- posal of his name as candidate for the nomination for said office. We hereby appoint the following registered qualified electors of this county as verification deputies to obtain signatures in this county to the nom- ination paper of said to said office of . Verification Deputies. Name. Eesidence. I etc. etc. (Signed) Residence. Subscribed and sworn to before me this day of , 19 — . (Seal) ' Notary public (or other official). In case it is desired to appoint additional verification deputies to secure signatures to the nomination paper of said candidate, one or more similar documents may be filed, to supplement the first document. When the Act 1010, § 5 GENERAL LAWS. 668 office for which the candidate is proposed is a judicial, school, county, township, or municipal office, the provisions of this subdivision shall apply, except that the five qualified electors shall make no statement of their party affiliation and may be affiliated with different parties or with no party; and the candidate proposed for nomination shall not be so proposed as the candidate of any party. ?,. Obtaining signatures to nomination papers. Presentation in sec- tions. Affidavit of deputies. Sections returned to five electors. Form of each section. Deputy's affidavit. Judicial office. Verification depu- ties appointed as provided in subdivision two of this section to obtain signatures to the nomination paper of any candidate for any office to be voted for at any primary election, may, at any time not mo^e than sixty-five days nor less than forty days prior to such election, obtain signatures to such nomination paper of such candidate for such office; each signer of a nomination paper shall sign but one such paper for the same office, except that in case two or more persons are to be elected to the same office at the same election, an elector may sign the nomination papers of as many persons as there are persons to be elected to such office, and such act on the part of such elector shall not be deemed in conflict with the signer's statement hereinafter provided. In the case of primary elections other than August primary elections or May presi- dential primary elections, signatures may be obtained not more than forty days nor less than twenty-five days prior to such election. He shall also declare his intention to support such candidate for nomination, and shall add his place of residence, giving his street and number if any. ,His election precinct shall also appear on the paper just preceding his name, and he shall write the date of his signature at the end of the line just after his residence. Any nomination paper may be presented in sections, but each section shall contain the name of the candidate and the name of the office for which he is proposed for nom- ination. Each section shall bear the name of the city or town, if any, and also the name of the county or city and county, in which it is cir- culated, and only qualified electors of such county or city and county, registered as intending to affiliate with the political party by which the nomination is to be made shall be competent to sign such section. Any section circulated within any incorporated city or town shall be signed only by registered qualified electors of such city or town. Each sep- tion shall be prepared with the lines for signatures numbered, and shall have attached thereto the affidavit of the verification deputy who has obtained signatures to the same, stating that all the signatures to the attached section were made in his presence, and that to the best of his knowledge and belief, each signature to the section is the genuine sig- nature of the i)erson whose name it purports to be; and no other affidavit thereto shall be required. The afiidavit of any verification deputy ob- taining signatures liereunder shall be verified free of charge by any ofTiccr authorized to administer an oath. .Such nomination paper so verified shall bf |iriiii;i Taiic r\ idcncc tliiil llu; signatures thereto ap- pended are genuine, and tluit I lie pcisons signing the same are registered qualified electors, unless ami until it is otherwise proven l)y comparison of such Hignatnres with tiie aflidavits of resignation in the office of the 669 ELECTIONS. Act 1010, 5; 5 county fJerk or registrar of voters. Each section of the nomination paper, after being verified, shall be returned by the verification deputy who circulated it to one of the five electors by whom the said verifica- tion deputy was appointed; and in this manner all the sections circulated in any county shall be collected by said five electors of that county and shall be by them arranged for filing or for examination, as provided in subdivision four of this section, and shall then be by some one of them filed for examination and filing. In case said verification deputy was appointed directly by the candidate according to the provisions of sub- division two (a) of this section, the collecting, arranging, and filing, or leaving for examination and filing, of the sections of the nomination paper shall be done by the candidate, or on his behalf, instead of by the "five electors" as hereinbefore provided. Each section of the nom- ination paper shall be in substance as follows: County of , city (or town) of (if any). party nomination for Nomination paper of , candidate for - the office of . State of California, County of , ss. Signer's Statement. T, undersigned, am a qualified elector of the city (or town) of , county of — ^ — , state of California, and am registered as intending to affiliate with the party; and I hereby nominate who resides at No. street, city of , county of , state of California, as a candidate for the nomination of the pai'ty for the office of to be voted for at the primary election to be held on the day of August, 19 — . I have not signed the nomination paper of any other candidate for the same office, and I further declare that I intend to support for such nomination tlie candidate named herein. I furthermore declare that I have not signed the nomination paper of this candidate or any other candidate for office, as candidate of any other party at such primary election. Xo. Precinct Signature Residence Date 1 9. 3 4 ^^ etc. 1 Verification Deputy's Affidavit. I, , solemnly swear (or affirm) that I have been appointed ac- cording to the provisions of subdivision 2, section 5 of the direct pri- mary law, as a verification deputy to secure signatures in the county of to tie nomination paper of as candidate for the nomina- tion of the party for the office of ; that all the signatures on this section of said nomination paper, numbered from one to inclusive, -were made in my presence, and that, to the best of my knowl- Act 1010, § 5 GENERAL LAWS. 670 edge, and belief, each of said signatures is tbe genuine signature of the person whose name it purports to be. (Signed) Verification deputy. Subscribed and sworn to before me this day of , 19 — . (Seal) Notary public (or other official.) In the case of a nomination paper for any candidate for a judicial, school, county, township or municipal office, the provisions of this subdi- vision shall apply, except that no such nomination paper nor any section thereof shall contain the name of any political party and any nomina- tion paper for any candidate for a judicial office, school office, county office, township office, or municipal office may be signed by any registered qualified elector of the county or city and county, whether registered as being affiliated with any, or with no, political party. 4. Arrangement prior to filing. Form of index. Candidates voted for in more than one county. Examination by clerk. Time for filing. Persons who may not verify signatures. Statement of candidate. Prior to the filing of a nomination paper for any candidate, the sections thereof must be numbered in order and fastened together by cities or towns or portions of the county not included in such cities or towns, substantially in the manner required for the binding of affidavits of registration by the provisions of section 1113 of the Political Code; provided, that the sections of the nomination paper may be preceded by an index of pre- cincts, arranged by cities, towns or outside territory in the numerical or alphabetical order of such precincts for each such city, town or outside territory and showing after the name or number of such precinct the numbers of the sections on which the names of the electors registered in such precinct are to be found, and after the number of each section, the number (in parentheses) of times such names are to be so found on such section. Such index shall be in substantially the following form: City of i Xo. of precinct | Numbers of sections containing voters of precinct _J 1 I 1 (3 times) 2 (5 times) 3 (7 times) etc. 2 j 1 (4 times) 2 (0 times) 3 ((5 times) etc. etc I etc. Town of etc. Outside Territory etc. A lid provided, further, tlint tor all iiDmiiiations of candiflates to be voted for in more than one county, or throughout the entire state, the nomina- tion papers, properly assembled, may be consolidated and fastened or bound together by counties; but in no case shall nomination papers signed by electors of dififerent counties be fastened or bouud together. The county clerk or registrar of voters of any county or city and county shall examine all nomination papers herein provided for which purport to have boon signed by electors of his county or city and county, and 671 ELECTIONS. Act 1010, § 5 shall disregard and mark "not sufficient" any name appearing on such paper or papers which does not appear in the same handwriting on an affidavit of registration in his office made on or before the date when such name was signed, or which, except in the case of nomination papers of candidates for judicial, school, county, township or municipal offices, the signers of which may be registered as of any or of no party, does not appear on said affidavit as intending to affiliate with the party named in such nomination papers. Such officer shall, within five days after any nomination papers are filed with him or left for examination, examine the same as herein provided, and affix thereto, a certificate reciting that he has examined the same and stating the number of names signed thereto which have not been marked "not sufficient" as hereinabove pro- vided. All nomination papers which by this act are required to be filed ii' tlie office of the secretary of state, shall be left with the county clerk or registrar of voters for examination, as above provided, at least forty days prior to the August primary election or the May presidential pri- mary election, and shall, with such certificate of examination attached, within five days after being so left, be forwarded by such county clerk or registrar of voters to the secretary of state, who shall receive and file the same. All nomination papers which by this act are required to be filed in the office of the city clerk or secretary of the legislative body of any city or municipality shall be left with the county clerk or registrar of voters for examination, as above provided, at least twenty-five days ju'ior to the primary election at which such nominations are to be made, and shall, with such certificate of examination attached, within five days after being so left be forw'arded by such county clerk or registrar of voters to the city clerk or secretary of the legislative body of such city or municipality who shall receive and file the same. The verification of signatures to nomination papers shall not be made by the candidate, nor by any county clerk, or registrar of voters, nor by any of the deputies in the office of such county clerk or registrar of voters, nor within one hun- dred feet of any election booth, polling place, or any place where regis- tration of electors is being conducted. Each candidate on or before the thirty-fifth day prior to the August primary election or the May presi- . dential primary election, or on or before the twenty-fifth day prior to any other primary election, shall file in the place where his nomination paper is required to be filed, as provided in section 6 of this act, his affi- davit, stating his residence, with street and number, if any; his election precinct; that he is a qualified elector in the election precinct in which he resides; the name of the office for which he is a candidate; that he will not before said primary election withdraw as a candidate for nomination and that if nominated he will accept such nomination and not withdraw, and that he will qualify as such officer if nominated and elected; and he shall also make the statement required in subdivision 5 of section 6 of this act. Nothing in this act contained shall be construed to limit the rights of any person to become the candidate of more than one political party for the same office upon complying with the requirements of this act, but no person shall be entitled to become a candidate for more than one office at the same election. No more than one affidavit need be filed by any candidate, even though he is the candidate for nomination by more than one political party. In no oeae shall the secretary of state, county clerk, or city clerk, place the name of any candidate on this ballot or certify Act 1010, § 5 GENERAL LAWS. 672 an}' such name to be placed thereon unless the requisite affidavit has first been filed as herein provided. 5. Number of signatures required. Except in the case of a candidate for nomination to a judicial oifiee, school office, county office, or township office, nomination papers shall be signed as follows: If the candidate is the candidate for an office to be voted on throughout the state, by not less than one-half of one per centum and not more than two per centum of the vote constituting the basis of percentage as defined in subdivision 6 of this section, of the party of the candidate seeking nomination, within the state; if the candidate is the candidate for an office to be voted on in some political subdivision of the state, but not throughout the state, by not less than one per centum nor more than two per centum of the vote constituting the basis of percentage, as defined in subdivision 6 of this section, of the party of the candidate seeking nomination within said political subdivision in which such candidate seeks nomination. 6. Basis of percentage. Except in case of a candidate for nomination to a judicial, school, county, township or municipal office, the basis of percentage in each political party shall be the vote polled for such party's candidate for governor, at the last preceding November election at which a governor was elected, in the state or in that political subdi- vision for which the candidate is proposed for nomination. Such party's candidate for governor may have been the candidate, either of the party alone, or of the party in conjunction with one or more other parties. But if such political party did not have any candidate for governor at such last preceding November election at which a governor was elected, the nomination paper must be signed by not less than one-half of one per centum nor more than two per centum of the total vote polled for all the candidates for governor, at such last preceding November election in the state or political subdivision for which the candidate is proposed for nomination. 7. In case of change of political subdivision. Whenever by re- arrangement of political subdivisions of the state by any legislature, board of supervisors or other legislative body, the boundaries of such political subdivisions are changed, the vote polled for governor at the last preceding gubernatorial election by each party in each of the new political subdivisions shall be determined as follows: If the change occurs wholly within any county or city and county, the county clerk or registrar of voters of such county or city and county shall determine as nearly as possible such vote of each party in the new political subdi- vision by adding together for each party the vote for such party's candi- date for governor in each of the former precincts which now are com- bined to make up such new political subdivision. If the change occurs outside the limits of any county or city and county, the secretary of state shall determine such vote of each party in such new political sub- division by adding together fof each party the vote for such party's candidate for governor in the counties which now are combined to make up such new political subdivision. In the same way that the highest vote for each party in each new political subdivision is ascertained, shall also be ascertained the total vote at sucii election as is required to be determined by the provision" of subdivision eight of this section. Every 673 ELECTIONS. Act 1010, § 6 political party qualified to participate in the primary election by the pro- \isions of subdivision nine of section one of this act, for nomination by which party there shall have been filed nomination papers for one or more candidates containing a sufficient number of signatures, shall be entitled to a separate party ticket at the primary election; but all such party tickets must be alike in the designation of candidates for judicial, school, county, and towiisiiip offices. 8. In case of judicial office, etc. In the case of a candidate for nomi- nation to a judicial school, county, township or municipal office, nomina- tion papers shall be signed by not less than one-half of one per centum, nor more than two per centum of the total vote cast at the last general election in the state or political subdivision thereof in which such candi- date for judicial or school, county, or township office seeks nomination. 9. Independent candidates. Nothing herein shall be construed as pro- hibiting the independent nomination of candidates as provided by section 1188 of the Political Code, as said section reads at the time of said nomination; except that a candidate for whom a nomination paper has l)een filed as one of the candidates for nomination to any office on the l)allots of any political party at a primary election held under the pro- visions of this act, and who is defeated for such party nomination at such primary election, shall be ineligible for nomination as an inde- pendent candidate for the same office at the ensuing general election; and no person shall be permitted to file nomination papers for a party nomination and an independent nomination for the same office, or for more than one office at the same election. Nor shall any person whose name has been written in upon any ballot or ballots for any office at any primary election, have his name placed upon the ballot as a candidate for such office at the ensuing general election, except vmder the pro- visions of said section 1188 of the Political Code, unless at such primary election he shall have received for such office votes equal in number to the minimum number of signatures to the nomination paper which would have been required to be filed to have placed his name on the primary ballot as a candidate for nomination to such office. 10. Record of papers filed. The officer with whom nomination papers are filed shall kee]) a record in which he shall enter the names of every person presenting the same for filing, the name of the candidate, the title of the office, the party, if any, and the time of filing. [Amend- ment approved May 29, 1917; Stats. 1917, p. 1345.] § 6. Office in which papers must be filed. All nomination papers pro- vided for by this act sliall l)e filed as follows: 1. For state officers, United States senators, representatives in con- gress, members of the state senate and assembly, delegates to state conventions from "hold-over senatorial districts"- and all officers voted for in districts comprising more than one county, in the office of the secretary of state. 2. For officers to be voted for wholly within one county or city and county, except representatives in congress, delegates to state conven- tions from "holdover senatorial districts" and members of the state 43 Act 1010, § 7 GENERAL LAWS. 674 senate and assembly, in the office of the county" clerk of such county or in the office of the registrar of voters in such city and county. 3. For city officers, in the office of the city clerk or secretary of the legislative body of such city or municipality. 4. "When a nomination paper or sections thereof shall have been re- ceived which contain a number of signatures equal to two per centum of the votes constituting the basis of percentage as provided in sub- divisions 5, 6 and 9 of section 5 of this act, the officer with whom such papers are required to be filed shall not receive or file further sections of the nomination paper for the candidate named therein. 5. No more signatures shall be secured for any candidate than a num- ber equal to three per centum of the vote constituting the basis of per- centage as provided in subdivisions 5, 6, and 9 of section 5 of this act: provided, that if, through miscalculation or otherwise, more signatures are secured than the said three per centum, all sections of the nomina- tion paper containing signatures in excess of said three per centum must be sent to the candidate; and before any nomination paper is filed as provided in this section, the candidate must notify each signer of such excess sections that his name has not been used; and in the affidavit required to be filed in subdivision 4 of section 5 of this act, affiant must state whether he has complied with the provisions contained in sub-, division 5 of section 6 of this act. §7.. Filing fees. 1. A filing fee of fifty dollars shall be paid to the secretary of state by each candidate for state office or for the United State senate, except as otherwise provided in this section. 2. A filing fee of twenty-five dollars shall be paid to the secretary of state by each candidate for representative in congress or for any office, except member of state senate and assembly, to be voted for in any district comprising more than one county. 3. A filing fee of ten dollars shall be paid to the secretary of state by each candidate for the state senate or assembly. 4. A filing fee of ten dollars shall be paid to the county clerk or registrar of voters in any city and county when the nomination paper or papers and affidavit of any candidate to be voted for wholly within one county or city and county are filed with such county clerk or registrar of voters. 0. A filing fee of ten dollars shall l)e paid to the city clerk or secretary of the legislative body of any munici[)ality when the nomination paper or papers and affidavit of any candidate for a city office are filed wuth such clerk or secretary of such legislative body. fi. No filing fee shall be required from any person to be voted for at the May presidential primary election, or from any candidate for an office to the holder of which no fixed compensation is required to be paid, or for townsliip or municipal offices tiu' compensation to the holder of which does not exceed the sum of six hundred dollars per annum. 7. In no case shall the secretary of state, county clerk, registrar of vot(!rs or city clerk, receive any nomination papers for filing until the requisite fee; for siid; filiM;,^ ns iirescribcil in this section, has first been jiaid to hitn. H. When a jierson for whom a nomination paper has not been filed is nominntcd for an office by having his name written on a primary elec- 675 ELECTIONS. Act 1010, §§ 8-10 tion ballot, he must pay the same filing fee that would have been re- quired if his nomination paper had been filed; otherwise his name must not be printed on the ballot at the ensuing general election. 9. When a candidate for nomination to office is proposed for nomina- tion by more than one political party, he must pay a separate filing fee for each party in which he is proposed for nomination; or if, having filed a nomination paper for one party, he is nominated by another party by having his name written on a primary election ballot, he must pay the same filing fee for such other party nomination that would have been required if his nomination paper for such other party had been filed; otherwise his name shall not be printed on the general election ballot as the nominee of such other party. [Amendment approved May 29, 1917; Stats. 1917, p. 1354.] § 8. Clerk to pay fees to treasurer. The county clerk shall imme- diately pay to the county treasurer and the registrar of voters in any city and county shall immediately pay to the city and county treasurer all fees received from candidates. The city clerk or secretary of the legislative body of any municipality shall immediately pay to the city treasurer all fees received from candidates. Within ten days after the primary election the secretary of state shall pay to the state treasurer all fees received from candidates and shall apportion the fees paid to him by each candidate equally among the counties within which such candidate is to be voted for, and certify such apportionment to the state controller, who shall issue warrants on the state treasurer for the amount due each county and the state treasurer shall pay the same. § 9. Expense of primary. The expense of providing all ballots, blanks and other supplies to be used at any primary election provided for by this act and all expenses necessarily incurred in the preparation for or the conduct of such primary election shall be paid out of the treasury of the city, city and county, county or state, as the case may be, in the same manner, with like effect and by the same officers as in the case of general elections. § 10. Secretary of state to transmit list of nominees. Publication by clerk. At least thirty days before any August primary election preced- ing a November election or before any May presidential primary elec- tion the secretary of state shall transmit"' to eacli county clerk or reg- istrar of voters in any city and county a certified list containing the name and postoffice address of each person for whom nomination papers have been filed in the office of such secretary of state, including the candidate for delegate to a state convention, if any, from a "hold-over senatorial district" and who is entitled to be voted for in such county at such primary election, together with a designation of the office for which such person is a candidate and except in the case of a judicial office, or a school office of the party or principle he represents. Such county clerk or registrar of voters shall forthwith, upon receipt thereof, publish under the proper party designation the title of each office (ex- cept a judicial office or a school office) which appears upon the certified list transmitted by the secretary of state as hereinbefore provided, together with the names and addresses of all persons for whom nomina- Act 1010, §§ 11, 12 GENEE.U. LAWS. 676 tion papers have been filel for each of said offices in the office of the secretary of state, and also the names of all candidates for the county central committee, filed in the office of the county clerk or registrar of voters. He shall also publish the title of each judicial office, school office, county office, and township office, together with the names and addresses of all persons for whom nomination papers have been filed for each of said offices, either in the office of the secretary of state or in the office of the county clerk or registrar of voters, and shall state 'that candidates for said judicial, school, county, and township offices may be voted for at the primary election, by any registered, qualified elector of the county, whether registered as intending to affiliate with any political party or not. He shall also publish the date of the primary election, the hours during which the polls will be open, and that the primary election will be held at the legally designated polling places in each precinct, which shall be particularly designated. It shall be the duty of the county clerk or registrar of voters in any city and county to cause such publication to be made once each week for two successive weeks prior to said primary election. § 11. Newspapers in which publication shall be made. Every pub- lication required by this act shall be made in not more than two news- papers of general circulation published in such county or city and county, and one of such newspapers shall represent the political party that cast at the last preceding general election the highest number of votes in such county or city and county, and one of such newspapers, if any, shall represent the party which cast the next highest number of votes at such election. In any case where the publication of the notices pro- vided for by this act cannot be made as hereinbefore provided it shall be made in any newspaper having a general circulation in the city or county in which the notice is required to be published. § 12. Ballots. Nonpartisan ballot. 1. All voting at primary elections within the meaning of this act shall be by ballot. A separate official ballot for each political party shall be printed and provided for use at each voting precinct; but all such party ballots must be alike in the designation of candidates for judicial, school, county, and township offices. The ballots must have a different tint or color for each of the political parties participating in the primary election. There shall also be printed and provided a nonpartisan ballot of a different tint and color from all the others (or white, if all the others are colored), which shall contain only, but in like manner, all the candidates for judicial, school, county, and township offices to be voted for at the primary election; and one of the nonpartisan ballots shall, at the primary election, be furnished to each registered qualified elector who is not registered as intending to affiliate with any one of the political parties participating in said primary election; but to any elector registered as intending to affiliate with any political party participating in the primary there shall be furnished, not a nonpartisan ballot, but a ballot of the political party with wliich said elector is registered as intending to affiliate. It shall be tlie duty of the county clerk of each county or of the registrar of voters in any city uiid counly to provide such ]irinted official 677 ELECTIONS. Act 1010, §12 ballots to be used at any August primary election for the nomination of candidates to be voted for in such county or city and county at the ensuing November election and at any May presidential primary elec- tion. It shall be the duty of the city clerk or secretary of the legisla- tive body of any municipalitj' to provide such printed official ballots for any primary election other than the August primary election or the May presidential primary election. Such official ballots to be used at any primary election shall be printed on official paper, furnished by the secretary of state, in the manner provided by section 1196 of the Politi- cal Code, and in the form hereinafter provided. The names of all can- didates for the respective offices for whom the prescribed nomination papers have been duly filed shall be printed thereon. 2. Size. Official primary election ballots used at any primary election for the nomination of candidates to be voted for at any presidential or general state election, except as provided in subdivision 5 of this sec- tion, shall be as long as the herein prescribed captions, headings, party designations, directions to voters and lists of names of candidates, prop- erly subdivided according tc the several offices to be nominated for, may require; and no official primary election ballot shall be less than six and one-half inches wide. 3. How printed. Across the fop of the ballot shall be printed in heavy-faced gothic capital type, not smaller than forty-eight point, the words: "Official Primary Election Ballot"; providing, that on a nonparti- san ballot said words may be printed in gothic capital type not smaller than twenty-four point. Beneath this heading shall be printed in heavy- faced gothic capital type, not smaller than twenty-four point, the party designation if it be a party ballot; or, in the case of a ballot contain- ing the names of no candidates except candidates for a judicial, school, county, or township office, the words, "Nonpartisan Ballot." The in- structions to voters shall be printed in ten point gothic type. In the case of official primary election ballots to be used at any primary elec- tion held for the nomination of candidates other than those to be voted for at a presidential or a general state election, and on which, in accord- ance with the provisions of this act, the names of candidates may be printed in a single column or in two parallel columns, as the case may be, the words "Official Primary Election Ballot" shall be printed thereon in heavy-faced gothic capital type, not smaller than twenty-four point. The party or nonpartisan designation shall be printed in heavy-faced gothic capital type, not smaller than eighteen point. The instructions to voters shall be printed in ten point gothic type. 4. Instructions to voters. At least three-eighths of an inch below the assembly district designation and the date of the primary election shall be printed in ten point gothic type, double leaded, the following in- structions to voters: "To vote for a person whose name occurs on the ballot, stamp a (X) in the square at the right of the name of the per- son for whom you desire to vote. To vote for a person whose name is not printed on the ballot, write his name in the blank space provided for that purpose." 5. Instructions. Candidates in parallel columns. Precedence. Tally sheets. The instructions to voters shall be separated from the lists of Act 1010, § 12 GENERAL LAWS. 678 candidates and the designations of tlie several offices to be nominated for by one light and one heavy line or rule. The names of the .can- didates and the respective offices shall, except as may be hereinafter otherwise provided, be printed on the ballot in four or more parallel columns, each two and one-half inches wide. The number of such parallel columns shall be exactly divisible by two, and such parallel columns shall be equally divided on the ballot for party and nonpartisan tickets by a solid black line, extending down from the printed lines separating the'in- structions to voters from the lists of names of candidates to the bottom ■ margin of the ballot. In tlie case of a primary election for the nomina- tion of candidates to be voted for at a presidential or general state election, the order of precedence shall be as follows, that is to say: In the column to the left, under the heading state shall be printed the groups of names of candidates for state offices, except judicial and school offices, and for members of Ihe state board of equalization. In the second column, under the heading congressional, shall be printed the group of names for United States senator in congress, if any, and for representa- tives in congress. Next under the heading legsislative shall be printed the groups of names for state senator, if any, for member of assembly, and for election as delegate to the state convention from a "hold over senatorial district," if any. Finally under the heading county com- mittee, shall be printed Ihe names of the candidates for election to membership in the county central committee of the party. In the case of primary elections where state officers are not to be nominated, at the left of the solid black dividing line there may be only one column. In the parallel columns to the right of the solid black dividing line shall be printed the groups of names of candidates for nomination to judicial, school, county, and township offices in the following order: Under the heading judicial shall be printed all the names of candidates for judicial offices, in the order of chief justice supreme court, associate justices supreme court, judge of district court of appeal, judge of syperior court and justice of the peace. Next, under the heading school shall be printed all the names of candidates for school offices in the order of state superintendent of instruction, superintendent of schools, and school dis- trict officers, if any. Next, under the heading county and township shall be printed the groups of candidates for all county and township offices except judicial or school offices. In the case of primary elections where county officers are not to be nominated, at the right of the solid black dividing line there may be only one column. The nonpartisan ballot provided for in subdivision 1 of this section shall be identical as to offices and names of candidates with that portion of the party ballot which is printed to the right of the solid black dividing line hereinabove described. The tally sheets furnished to election officers shall have the names of offices and candidates arranged in the order in which said names of offices and candidates are })rinted on the ballots according to the provisions of this section and subdivision. In the case of i)rimar,y elections for the nomination of candidates for city, city and county or municipal offices only, the groups of names of candidates may be printed in two jiarallel columns and tlic older of precedence shall be dotormined by the legislative body of siid: cily xv iiinnicipality or by Ihe liotnd of election coniniissioiierH of any smli I'ity .■iml rimnty. 679 ELECTIONS. Act 1010, § 12 G. Candidates for judicial offices, etc. The group of candidates for nomination to any judicial office, school office, county office, or township office sliall include all the names receiving the requisite number of sig- natures on a nomination paper for such office, and shall be identical for each such office on the primary election ballots of each political party participating at the primary election; but the groups of names of can- didates for all other offices on the ballots of each political party shall comprise only the names of the candidates for nomination by such party. 7. Order of lists of candidates. The order in which the list of can- didates for any office shall appear upon the primary election ballot shall be determined as follows: (a) If the office is an office the candidates for which are to be voted on throughout the entire state, including United States senator in con- gress, the secretary of state shall arrange the names of all candidates tor such office in alphabetical order for the first assembly district; and thereafter for each succeeding assembly district, the name appearing first for each office in the last preceding district shall be placed last, the order of the other names remaining unchanged. If the office is that of representative in congress, or is an office the candidates for nomination to which are to be voted on in more than one county or city and county, but not throughout the entire state, except the office of state senator or assemblyman, the secretary of state shall arrange the names of all candidates for such office in alphabetical order for that assembly dis- trict which is lowest in numerical order of any assembly district in which such candidates are to be voted on; and thereafter for such suc- ceeding assembly district in which such candidates are to be voted on, the name appearing first for such office in the last preceding district shall be placed last, the order of the other names remaining unchanged. In transmitting to each county clerk or registrar of voters the certified list of names as required in section 10 of this act, the secretary of state shall certify and transmit the list of candidates for nomination to each office according to assembly districts, in the order of arrangement as determined by the above provisions; and in the case of each county or city and county containing more than one assembly district, he shall transmit separate lists for each assembly district. Except for the office of state senator or assemblyman, the order in which the names filed with the secretary of state shall appear upon the ballot, shall be for each assembly district the order as determined by the secretary of state in accordance with the above provisions, and as certified and transmitted by him to each county clerk or registrar of voters. (b) If the office is an office to be voted on throughout, but wholly within, one county or city and county, except the office of representative in congress or state senator or assemblyman, the county clerk of such county or the registrar of voters of such city and county, shall arrange the names of all candidates for such office in alphabetical order for the first supervisorial district; and thereafter for each supervisorial district, the name appearing first for each such office in the last preceding super- visorial district shall be placed last, the order of the other names re- maining unchanged; provided, there are no more than five assembly districts in such county, or city and county. If there are more than five assembly districts in such county, or city and county, the county clerk Act 1010, § 12 GENERAL LAWS. G80 or registrar of voters shall so arrange on the ballot the order of names of all candidates for such office that they shall appear in alphabetical order for that assembly district in such county, or city and county, which is lowest in numerical order, and thereafter for each succeeding assembly district in such county, or city and county, the name appearing first for each office in the last preceding assembly district shall be placed last, the order of the other names remaining unchanged. {c) If the office is that of state senator or assemblyman, or delegate to the state convention from a "hold-over senatorial district," or member of a county central committee, or any office except the office of repre- sentative in congress to he voted on wholly within any county or city and county but not throughout such county or city or county, the names of all candidates for such office shall be placed upon the ballot in alpha- betical order. (d) If the office is a municipal office in any city or town whose charter does not provide for the order in which names shall appear on the ballot, the names of candidates for such office shall be placed upon the ballot in alphabetical order. 8. Order of publication of names and addresses. In publishing the names and addresses of all candidates for whom nomination papers have been filed, as required in section 10 of this act, the county clerk or registrar of voters shall publish the names in the order in which they will appear upon the ballot; provided, that in counties or cities and counties containing more than one assembly district the order of names of candidates shall be that of the assembly district in such county or city and county which is lowest in numerical order. 9. Designation of office. Each group of candidates to be voted on shall be preceded by tlie designation of the office for which the candidates- seek nomination, and the words "Vote for One" or Vote for Two" or more according to the number to be elected to such office at the ensuing election. Such designation of the office to be nominated for and of the number of candidates to be nominated shall be printed in heavy-faced gothic type, not smaller than ten point. The word or words designating the office shall be printed flush with the left-hand margin and the words "Vote for One" or "Vote for Two" or more, as the case may be, shall extend to the extreme right of the column and over the voting square. The designation of the office and the direction for voting shall be separated from the names of the candidates by a light line. 10. Printing names of candidates. Printing on back of ballot. Per- forated line. Number. Form. The names of the candidates shall be printed on tlic ballot without indentation, in roman capital type not smaller than eight |>oiiit, between light lines or rules three-eighths of an inch apart. Under each grouj) of names of candidates shall be printed as many blank spaces, rlefiiicd by light lines or rules, three-eighths of an inch apart, as there are fo be candidates nominated for such office. To the right of the names of the candidates shall be printed a light line or rule so as to form a voting square three-eighths of an inch square. Each group of names of candidates shall be separated from the succeeding group hv one light and on;> heavy lino or rule. Each series of groups «;h;ill be lieaded liy the wonl "State," "Congressional," "Legislative," 681 ELECTIONS. Act 1010, § 12 "County and Township" or "Municipal" or other proper general classifica- tion, as the case may be, printed in heavy-faced gothic capital type, not smaller than twelve point. All official primary election ballots shall have printed on the back and immediately below the center thereof, in eighteen point gothic capital type, the words "Ofl^cial Primary Election Ballot," and underneath these words the respective numbers of the con- gressional, senatorial and assembly districts in which each ballot is to be voted. In the case of a primary election for the nomination of can- didates for city or city and county offices only, the designations on the back of the ballot in addition to the words "official Primary Election Ballot," shall be the official designation of the respective ward and vot- ing precinct in any such city or municipality, or the number of the assembly district and of the voting precinct in any such city and county in which each ballot is to be voted. The ballot shall be printed on the same leaf with a stub and separated therefrom by a perforated line across the top of the ballot. On each ballot a perforated line shall ex- tend from top to bottom one-half inch from the right-hand side of such ballot, and upon the half-inch strip thus formed there shall be no print- ing except the number of the ballot which shall be on the back of each strip, in such position that it shall appear on the outside when the ballot is folded. The number on each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered con- secutively in each county; provided, that the sequence of numbers on such official ballots and stubs for each party shall begin with the num- ber one. The official ballots of each political party shall be made up in stub books, each book to contain ten, or some multiple of ten, ballots, in the manner provided by law for official election ballots, and except as to the order of the names of candidates shall be printed in sub- stantially the following form: Act 1010, § 12 GENERAL LAWS. 682 OFFICIAL PRIMARY ELECTION BALLOT REPUBLICAN PARTY Forty-Eis^ith Asiombly Dittriol, August 25, 1014 STATE conoressionalI JUDICIAL OMMra«« T«*tvOM •„„« »«. t- o« L.'lilM 8UiM leaklM V0U far Osa 1 OUOqUcIvOi^ T,«.I»0» .1 I -AULO.r 1 .,c.,..o.oi o.>.,r.x„..r g w.UE, W.LIU 1 ...... ^... t „^^.,,.o.. w«.,f...r..M.,w 1 lOSEfH ,E..,»« 1 A..„.,C...... 1 lOHv DOE 1 THO-AJ »E,TO» 1 i Uitm nufOm SUi DMrtct VoU (CFT OmB ..>U.>^fc»<>...b..«. w.iu.u s..rr» .iroETU ..Amn PEC. I«011»! C.Il:. ..sr.c. .ou.^ IO«« It rATTEUO. .A.UIE wow I .. ALU. •■"'" l"^" -£v.r HUOSON '-""-"" 1 CLAUHC. D CLAK. LEGISLATIVE 1 1 IOH-- TO^BTlLLOTTt ] H*Kb«T AwnsWr — = 1 rtm Dtotrtn ValA (Af Ou PtTEI. E H»^SO« PETl. P.Tt.SO. AU<:UE»>S0.AC0> "»"-' """»- AKTHOI.V IRINNAK | 1A..5K >.•■> „,E.»..W CmUoDv Vau tor Om co.cr CAACHE. TMO^.WMOV^S ■ T«h,0» SIMLEL ALDEW [?,W.\L^t^7;",_^ ;*^ofUifip«lMOL TmrvTv* 1 1 SfOO.E. 1 <;eoice >uh. 1 W1LU*VI t>UNN ...UA- . STOKES 1 -"■"■ """•""■ iw prrrvs T~,™ ,.u,-o„ •"OS ".0-.C 1 CHA.LtS I O.V.S . 1 TBO.A, yniAU. ! hfViiy SAMr50-« T OaIWut v«w te Ow COUNTY coMMirm *- V CHtLTOV A»UTE«lLSOM nn> ' s.unlu lOHvso, "^"S.^' """Si. t. ..DEl.LO HOCTO. ,0.»- T -IV, - I . CA..AC. Atun«7 0««nl T*u fw Om ,OSEr« T ,o-sso», '-^-•»"-" »«•'-'- CtO.r.t ► WILSOV 1 »u-.vN,.n '"■>"" •'"■'•'""' 1 feu, y«N,o- t I ..vo. |.tfElHEE.V.» ) C.O.EI. n H „ .0..-SO- CLAUOE SWA.K.» j LUWFUI.Ta> ,DWV.OI.STEVEVS 1 TKOHAJ K CA.TU •u^T. OaaU T«. I« 0.. 1 SCHOOL rilVk «BtATO« U.O..tL K«»A« . . TU.LU ,o U.I. — EKA.L.S - STO.E. "-" " ""■"^'• 1 fc W lUU fc-<\l E,»lU.ll' A.TMU. .O.E.TS 0~." '.«.t.O- rint DUWM ««u ro* Om lA.ES ■ rlLAEI.. j Wi il.M Ap«l.l 3nAlrtafl«fl_ CHElTii . LO.O 1 O . rATIE.W. 1 H A Alt.. T.01.A1 .r.c.t 1 lA.Ut.ATEO. jyuw Aiwwr '••• '* **■ 1 A • Eirr.iiKit ,0»- T «O.0A» . W EAI.E. 1 B 1 tUIRITT ,o..A.m>u.o G83 ELECTIONS. Act 1010, § 12 OffOL PfiIMm [UCIION BALLOT NON-PARTISAN BALLOT ..-.,.....»...,».,,^ •~ *••—-" JUDICIAL OfUMr Clok T«4« rw Ow abMijwUM»i^OMit VMUtOM I • -ALU).. W«.Tl.«aTt. '•"" « "•'«*" {OSIPH JCKNIHCl """"•-■"">" T-axASUCTOK l>4Uw TMA to Om '»"" " "•"'"■ — W.LU.N •»»•■ 1. J FO.TI. U..T« «C« ;0,1. M PATTI>«,. 1A..U.L ..OW ,r .lit. CIOICST.OKK tLAtl.Cl D CI>1. I~— V«A,.0- "^/i^oSSr °^* toS; f.tO T OW .O.S 1 AUCumjS O •ACOJ« i ..T«0»> >..x».« ftTEt DtEW ,0> 1 1 IfOO.ll CLOBCK lUNM WALTIi CAUrtlU. i.rmu. CMAtLU L DAVll TMOMAJ MtCALL ..".~~ — . fc, ft^ ...UI . .o.ar. «.«.«iuo. ■ •Dr.tLo riocToi I W CAU..C. *.«» ' ririi EPDut« c » 0. r.w CTAOM SWANMX oiA.^ w n/tro. TUOMAJ H. CMTta SCHOOL h. MlKixa CKA^H » ITO.t. 1 . lAILK '•*" " "•""■ AITHU, .0>»n lA^tS 1 flAI.U a-«>i,i.«u_k v. XCLOOCI T.»OI.. «.AL.. W r DILX1.CI.A. , . ...KOU.. a.A.iucAuo. nun r Ditou COUNTY HKB lOWWMB' "l.,o«... KiMf T..l.o> , r »oLuv.. t«(«r«kw T«« IW Ow OIUIH . U.«0 C ■ fATTIHOH a«..u:u tHC,-.l.F,0K7 DMIW Ananar TaM tw Om A,.,rT.,i>c. " 1 . i;;-'i.| § 22. Canvass of returns. Declaration of result. Returns to secre- tary of state. Secretary of state to compile returns. The lioard of ()87 iELECTIONS. Act 1010, ^ 2H biiporvisors of each county, the board of election commissioners in any city and county, or, in the case of a city or municipal primary election, the officers charged by law with the duty of canvassing the vote at any city or municipal election in such political subdivision, shall meet at the usual place of such meeting, or at any ot^ier place permitted by law, at one o'clock in the afternoon of the first Thursday after each primary election to canvass the returns, or as soon thereafter as all the returns are in. When begun the canvass shall be continued until completed, which shall not be later than six o'clock in the afternoon of the six- teenth day following such primarj- election. The clerk of the board must, as soon as the result is declared, enter upon the records of such board a statement of such result, which statement shall contain the whole number of votes cast for each candidate of each political party, for each candidate for each judicial, school, county, township, or muni- cipal office, for each candidate for delegate, if any, to a state conven- tion from a hold-over senatorial district, and for each candidate for membership in the county central committee; provided, however, that in entering the statement of such result, the provisions of subdivision six of section 1282 of the Political Code shall apply, and a duplicate as to each political party shall be delivered to the county, city and county or city chairman of such political party, as the case may be. The clerk shall also make an additional duplicate state- ment in the same form showing the votes cast for each candidate not voted for wholly within the limits of such county or city and county. The county clerk or registrar of voters in any city and county shall forthwith send to the secretary of state by registered mail or by express one complete copy of all returns as to such candidates, and as to all candidates voted for wholly within one county for the following offices: State assembly, state senate, representatives in congress, members of the state board of equalization, judicial officers, except justices of the peace, and delegate, if any, to a state convention from a hold-over sena- torial district; and as to all persons voted for at the May presidential primary election. The secretary of state shall, not later than the twenty- fifth day after any primary election, compile the returns for ail candi- dates voted for in more than one county, and for all candidates for the assembly, state senate, representatives in congress, member of the state board of equalization, and judicial offices (except justices of the peace), delegate, if any, to a state convention from a hold-over senatorial dis- trict, and for all persons voted for at the May presidential primary election, and shall make out and file in his office a statement thereof. He shall compile the returns for the May presidential primary election not later than the twenty-first day after such election, and shall com- pile said returns in such a manner as to show, for each candidate, both the total of the votes received and the votes received in each congres- sional district of the state. [Amendment approved May 29, 1917; Stats. 1917, p. 1355.] § 23. Names which go on ballot for final election. In case of judicial office, etc. Certificates of nomination. List of persons entitled to re- ceive votes. Except in the case of a candidate for nomination to a judicial, school, county, township, or municipal office, the person reeeiv- Act 1010, § 23 GENERAL LAWS. 688 ing the highest number of votes, at a primary election as the candidate for the nomination of a political party for an office shall be the candi- date of that party for such office, and his name as such candidate shall be placed on the official ballot voted at the ensuing election; provided, he has paid the filing fee as required by section seven of this act; and provided, further, that no candidate for a nomination for other than a judicial, school, county, township or municipal office who fails to receive the highest number of votes for the nomination of the political party with which he was affiliated thirty-tive days before the date of the pri- mary election, as ascertained by the secretary of state from the affidavit- of registration of such candidate in the office of the county clerk of the county in which such candidate resides, shall be entitled to be the candidate of any other political party. In the case of a judicial, school, county, township, or xnunicipal office, the candidates equal in number to twice the number to be elected to such office, or less, if the total number of candidates is less than twice the number of offices to be filled, who receive the highest number of votes cast on all the ballots of all the voters participating in the pri- mary election for nomination to such office, shall be the candidates for such office at the ensuing election, and their names as such candidates shall be placed on the official ballot voted at the ensuing election; pro- vided, however, that in case there is but one person to be elected at the November election to any judicial, school, county, or township office, any candidate who receives at the August primary election a majority of the total number of votes cast for all the candidates for such office shall be the only candidate for such office whose name shall be printed on the ballot at the ensuing election; and provided, further, that in case there are two or more persons to be elected at the November elec- tion to any judicial, school, county, or township office, and in case any candidate for such office receive at the August primary election the votes of a majority of all the voters participating in the primary elec- tion in the state or political subdivision in which said office is voted upon, such candidates being herein designated as "majority candidates," said "majority candidates" shall, if their number is not less than the number of persons to be elected to such office, be the only candidates for such office whose names shall be printed on the ballot at the ensuing November election; and if the number of such "majority candidates" falls short of the number of persons to be elected to such office, the names of said "majority candidates" shall be printed on the ballot at the ensuing November election, together with such number of additional names onlv of such other candidates receiving the next highest number of votes for iioiniiiat ion In sucli ollicc as may make the number of such additional nunics iMpiai to twice tlic difference between the number of such "majority candidates" ami the iiunilier to 1)(> elected, or a smaller number if the list of said otlier camlidates is exhausted. Of the candi- dates for elect idii tu iiiciiiliersln|i in tlie runnty central committee, the candidates ('(|nal in nnmliei- to the uuiiilier to be elected receiving the highest nuiiiln-r of \iiles in tlieir supervisorial district or assembly dis- trict as the case may lie in accordance with the provisions of subdivi- sion four of section twenty Innr of tliis act. shall be declared elected as the represrntat ives of their district to nienibershii) in such commit- 689 ELECTIONS. Act 1010, § 24 tee. It shall be the duty of the officers cliarged with the canvass of the returns of any primary election in any county, city and county or municipality to cause to be issued official certificates of nomination to such party candidates (other than congressional and legislative candi- dates, candidates for the state board of equalization, and delegates to the state convention from a hold-over senatorial district), as have re- ceived the highest number of votes as the candidates for the nomina- tion of such party for any offices to be voted for wholly within such county, city and county, or municipality, and cause to be issued to each member of a count}' central committee a certificate of Ms election; and to cause to be issued official certificates of nomination to such candidates for judicial, school, county, township or municipal offices voted for wholly within one county as may be entitled to nomination under the provisions of this section. It shall be the duty of the secretary of state to issue official certificates of nomination to candidates nominated under the provisions of this act for representatives in congress, members of the state senate and assembly, members of the state board of equaliza- tion, and officers voted for in more than one county; and to issue a cer- tificate of election to each delegate elected to the state convention from a hold-over senatorial district; and to issue certificates of election to all persons elected at the May presidential primary election as delegates to their respective national party conventions. Not less than thirty days before the November election the secretary of state shall certify to the county clerks or registrars of voters of each county and city and county within the state, the name of every person entitled to receive votes within such county or city and county at said November election who has received the nomination as a candidate for public office under and pursuant to the provisions of this act, and whose nomination is evidenced by the compilation and statement required to be made by said secretary of state and filed in his offi^ce, as provided in section 22 of this act. Such certificates shall in addition to the names of such nominees respectively, also show separately and respec- tively for each nominee the name of the political party or organization which has nominated such person if any and the designation of the public office for which he is so nominated. [Amendment approved May 29, .1917; Stats. 1917, p. 1356.] § 24. Party conventions. 1. Party conventions of delegates chosen as hereinafter provided may be held in this state, for the purpose of promulgating platforms and transacting such other business of the party as is not inconsistent with the provisions of this act. 2. State conventions. Platforms. State central committee. Presi- dential electors. Members must have been on primary ballot. In dis- trict represented by hold-over senator. Filling vacancies. The candidates of each political party for congressional offices and for state offices, if any, except judicial and school offices, and such candidates for senate and assembly as have been nominated by such political party at the primary election, and in whose behalf nomination papers have been filed, together with the hold-over senators affiliated with and nominated bj' such politi- 44 Act 1010, § 24 GENERAL lam^s. 690 eal party at the election at which said hold-over senators were elected and one delegate chosen by such political party from each senatorial district not represented by a hold-over senator affiliated with and nomin- ated by such political party at the election at which the hold-over senator was elected, shall meet in a state convention at the state capitol at two o'clock in the afternoon of the third Tuesday in September after the date on which any primary election is held preliminary to the general November election. They shall forthwith formulate the state platforms of their party, which said state platform of each political party shall be framed at such time that it shall be made public not later than six o'clock in the afternoon of the following day. They shall also proceed to elect a state central committee to consist of at least three (3) mem- bers from each congressional district, who shall hold office until a new state central committee shall have been selected. In each year of the general November election at which electors of President and Vice- president of the United States are to be chosen, they shall also nominate as the candidates of their party as many electors of President and Vice- president of the United States as the state is then entitled to, and it shall be the duty of the secretary of state to issue certificates of nomin- ation to the electors so nominated, and to cause the names of such candi- dates for elector to be placed upon the ballots at the ensuing November election. Membership in the state convention shall not be granted to a party nominee for a congressional office, state office, or office of senator or assemblyman who has become such by reason of his name having been written on a ballot, and who has not had his name printed on the pri- mary ballot by having had a nomination paper filed in his behalf, as pro- vided in section 5 of this act; nor shall membership in such conven- tion be granted to the nominee of any party if such nominee has not stated his affiliation with such party in his affidavit of registration used at such primary election; and, in every such case, a vacancy in the membership of such convention shall be deemed to exist; and any such vacancy thereby existing, or existing because no nomination for such office has been made, or for any other cause, shall be filled as herein- after provided. Each candidate who has received the nomination of more than one party for a congressional, state, or legislative office shall jwocure from the county clerk of the county in which he resides, a cer- tificate stating the party with which such candidate was affiliated thirty- five days before the date of the primary election, as shown by the affidavit of registration of siK-h cMii.licl.-ifc in the office of such county clerk; and this certificate shall lie in cicilcnt ials of snch candidate to membership in the convention of his party. In any senatorial district rcpii'seiited by a hold-over senator there shall be chosen ;it sncli primary election by the electors of each political party, other tliaii Ihc j.arty wliidi the hold-over senator was affiliated with and nominatcil liy, imc ilclcn;,((. to the state convention, who shall have nomination impcrs circnlnlcd in his behalf, sliall have his name placed upon the Itnllut, and sli.ili lie ilidscn in the same manner as a state senator is noininnlcd I'idmi ;iny scnni (Mini liis desire to have liio votes counted in any precincts, designating llieni, in ;Hlilition to tiie precincts designated in the affidavit of the conteslnnt, ;ind setting up his grounds therefor. On the trial of 695 ELECTIONS. Act 1010, § 28 the c'outest all of the preciucts named in tlie affidavits of the contestant and the contestee shall be considered, and a recount had with reference (o all of said precincts; and the contestant shall have the same right to answer the affidavit of the contestee as is given to the contestee herein with reference to the affidavit of the contestant except that such an- swer must be filed not later than the first day of the trial of said con- test. On the eighth day after the completion of the official canvass the county clerk shall present the affidavits of the contestant and the con- testee and proof of posting, as aforesaid, to the judge of the superior court of the county, or any judge acting in his place, or the presiding judge of the superior court of a county or city and couutj^, or anyone acting in his stead, which judge shall, upon such presentation, forthwith designate the time and place where such contest shall proceed, and in counties or cities and counties where there is more than one superior judge, assign all the cases to one department by the order of such court. Such order must so assign such case or cases, and fix such time and place for hearing, which time must not be less than one nor more than three days from the presentation of the matter to the court by the county clerk as herein provided. It shall be the duty of the contestee to appear either in person or by attorney, at the time and place so fixed, and to take notice of the order fixing such time and place from the records of the court, without service. No special appearance of the contestee for any purpose except as herein provided shall be permitted, and any appearance whatever of the contestee or any request of the court by the contestee or his attorney, shall be entered as a general apparance in the contest. No demurrer or objection can be taken by the parties in any other manner than by answer, and all the objections must be contained in the answer. The court if the contestee shall appear, must require the answer to be made within three days from the time and place as above provided, and if the contestee shall not appear shall note his de- fault, and shall proceed to hear and determine the contest with all con- venient speed. If the number of votes which are sought to be recounted, or the number of contests are such that the judge shall be of opinion that it will require additional judges to enable the contest or contests to be determined in time to print the ballots for the election, if there be only one judge for such county, he may obtain the service of any other superior judge, and the proceedings shall be the same as herein provided in counties- where there is more than one superior court judge. If the proceeding is in a county or city and county where there is more than one superior court judge, the judge to whom the case or cases shall be assigned, shall notify the presiding judge forthwith, of the number of judges which he deems necessary to participate, in order to finish the contest or contests in time to print the ballots for the final election, and the said presiding judge shall forthwith designate as many judges as are necessary to such completion of such contest, by order in writing, and thereupon all of the judges so designated shall participate in the re- count of such ballots and the giving of judgment in such contest or con- tests in the manner herein specified. The said judges so designated by said last-mentioned order, including the judge to whom said contests were originally assigned, shall convene upon notice from the judge to whom Act 1010, § 29 GENERAL LAWS. 696 such contest or contests were originally assigned, and agree upon the precincts which each one of such judges will recount, sitting separately, and thereupon such recount shall proceed before each such judge sitting separately, as to the precincts so arranged, in such manner that the re- count shall be made in such precincts before each such judge as to all the contests pending, so that the ballots opened before one judge need not be opened before another judge or department, and the proceedings before such judge in making such recount as to the appointment of the clerk and persons necessary to be assistants of the court in making the same, shall be the same as in contested elections, and the judge shall fix the pay or compensation for such persons, and require the payment each day in advance of the amount thereof, by the person who is jjfo- ceeding with and requiring the recount of the precinct being recounted. When the recount shall have been completed in the manner herein re- quired, if more than one judge has taken part therein, all the judges who took part shall assemble and make the decision of court, and if there be any differences of opinion, a majoritj^ of such judges shall finally deter- mine all such questions, and give the decision or judgment of the court in such contest or contests, separately. Such decision or judgment of the court shall be final in every respect, and no appeal can be had there- from. The judgment shall be served upon the county clerk or registrar of voters by delivery of a certified copy thereof, and may be enforced summarily in the manner provided in section twenty-seven of this act, and if the contest proceeds in more than one county, and the nominee is to be certified by the secretary of state from the compilation of election returns in his office, then the judgment in each county in which a con- test may be had shall show what, if any changes in the returns in the office of tlie secretary of state relating to such county or city and county, ought to be made, and all such judgments shall be served upon the secretary of state, by the delivery of a certified copy, and he shall make such changes in the record in his office as such judgment or judgments require, and conform his compilation and his certificate of nomination in accordance therewith. If the office contested is one to be voted upon in more than one county, the time within which such contest may be brought in any county involved shall begin to run at the time of the declaration of the official canvass by the board of supervisors of the county last making such declaration. [Amendment approved May 29, 1917; Stats. 1917, p. i:^63.] §29. Campaign expenses. No candidate for nomination to any elec- live office, iiicliidiiig tliat of United States senator in congress, shall ]ivovisions of tliis act, are also hereby ri'pciili'd. ACT lOlOa. An act mailing an appropriation to pay the expenses of electors of President and Vice-President of the Tnited States of America. 699 ELECTRICITY. Act 1023, § 1 [Approved January 18, 1917. Stats. 1917, p. 1. In effect immedi- ately.] The act appropriated $900 for the j)urpose indicated. TITLE 163. ELECTEICITY. ACT 1025. An act to regulate the construction and maintenance of subways, man- holes, and underground rooms, chambers, and excavations, used to contain, encase, cover, or conduct wires, cables, or appliances to eon- duct, carry, or handle electricity, and providing the punishment for the violation thereof. [Approved April 22, 19]1. Stats. 1911, p. 1042.] Amended 1917, p. 801. The amendment of 1917 follows: § 1. Eegulation of. No commission; officer, agent, or employee of the state of California or of any city and county or city or county or other political subdivision thereof, and no other person, firm or cor- poration, shall build or rebuild or cause to be built or rebuilt within the state of California: (a) Dimensions • of electric wire subways. Any subway, manhole, chamber, or underground room used or to be used to contain, encase, cover or conduct any wire, cable, or appliance, to conduct, carry or handle electricity, unless such subway, manhole, chamber or underground room shall have an inside measurement of not less than four feet at the maximum points between the side walls thereof, and between the end walls thereof, and not less than five feet at all points between the floor thereof, andi the top or ceiling thereof, or if circular in shape, at least four feet diameter inside measurement, and not less than five feet at all points between the floor and ceiling thereof; provided, however, that this paragraph shall not be held to apply to any such subway, man- hole, chamber or underground room, within which it is not intended or required that any human being perform work or labor or be employed; further provided, that the provisions of this paragraph (a) shall not be held to apply where satisfactory proof shall be submitted to the rail- road commission of the state of California, that it is impracticable or physically impossible to comply with this law within the space or loca- tion so designated by the proper municipal authorities. (b) Opening to outer air. In any subway, manhole, chamber or underground room used or to be used to contain, encase, cover or con- duct any wire, cable or appliance to conduct, carry or handle electricity, any opening to outer air which is less than twenty-six inches if circular in shape, or less than twenty-four inches by twenty-six inches clear measurement if rectangular in shape. (c) Openings to be not less than three feet from street-car track. In an}^ subway, manhole, chamber or underground room, used or to be used to contain, encase, cover or conduct any wire, cable or appliance to conduct, carry or handle electricity, any opening^ which is at the surface of the ground, within the distance of three feet at any point Act 1025, §§ 2, 5 GENERAL LAWS. 700 from the rail of any railway or street-car track; provided, that the pro- visions of this paragrajjh (c) shall not be held to apply where satis- factory proof shall be submitted to the railroad commission of the state of California, that it is impracticable or physically impossible to comply with this law in the space or location so designated by the proper muni- cipal authorities. (d) Floor of subway to be of concrete, etc. Any subway, manhole, chamber or underground room, used or to be used to contain, encase, cover or conduct any wire, cable, or appliance to conduct, carry, or handle electricity, unless the floor of such subway, manhole, chamber or underground room is made of stone, concrete brick or other similar mate- rial not subject to decomposition; provided, that this paragraph (d) shall not be held to apply to any such subway, manhole, chamber or under- ground room within which it is not intended or required that any human being perform work or labor or be employed. (e) Subways to be kept free from seepage. Or maintain any subway, manhole, chamber or underground room used, or to be used, to contain, encase, cover or conduct any wire, cable or appliance to conduct, carry or handle electricity, unless such subway, manhole, chamber or under- ground room is kept at all times in a sanitary condition, and free from stagnant water, or seepage, or other drainage, or any offensive matter dangerous to health, either by sew-er connection or otherwise; provided, that this paragraph (e) shall not be held to apply to any such subway, manhole, chamber or underground room, within which it is not intended or required that any human being perform work or labor, or be employed. [Amendment approved May 22, 1917; Stats. 1917, p. 801.] § 2. Penalty for violation. Any violation of any provision of this act shall be deemed a misdemeanor, and shall be punishable upon convic- tion by a fine not exceeding five hundred dollars, or by imprisonment in a county jail not exceeding six months, or by both such fine and im- prisonment. [Amendment approved May 22, 1917; Stats. 1917, p. 802.] § 5. Power of railroad commission. The railroad commission of the state of California is hereby vested with authority and power to inspect all work which is included in the provisions of this act, and to make such further additions or changes as said commission may deem neces- sary for the purpose of safety to employees and the general public, and the said railroad commission is hereby charged with the duty of seeing that all the ])rovisions of this act are properly enforced. [New section a.lded May 22, 1917; Stats. 1917. p. 802.] TITLE 16i. HI.KVATORS. ACT 1025b. An act to jiroviiic; for tlic periodical iiis[)ection of elevators operated in jilaces of employment in this state; to require a permit for such oj)era1ion; lo iimke it si misdemeanor to operate such elevator with- out such permit; iind lo provide for an injunction against such opera- tion if dangerous lo the life or safety of employees; to vest in the industrial accident commission the power to make such inspections 701 ELEVxVTORS. Act 1025b, § § 1-3 aud determine the competency of inspectors and require reports of inspections and to issue such permits and prescribe maximum fees therefor. [Approved April G, 1917. Stats. 1917, p. 84. In (^ffoct July 27, 1917.] § 1. Permit to operate elevator. Injunction to restrain operation without permit. No power elevator or hand-power elevator, unless ex- empted in the following section, shall be operated in any place of em- ployment in this state unless a permit, as hereinafter provided, for the operation thereof, shall have been issued by the industrial accident com- mission, and unless such permit shall remain in full force and effect. The operation of such elevator by any person owning or having the custody, management or operation of such elevator without such permit shall constitute a misdemeanor, and each day of operation of such eleva- tor without such permit shall constitute a separate offense; provided, that no prosecution shall be maintained where the issuance or renewal of such permit shall have' been requested and shall remain unacted upon. Whenever any elevator in any place of employment is being operated without the permit herein required, and is in such condition that its use is dangerous to the life or ^af ety of any employee, the industrial accident commission, a commissioner or any safety inspector thereof, or any person affected thereby may apply to the superior court of the county in which such elevator is located for an injunction restraining the operation of such elevator until such condition shall be corrected. Proof by certification of the said commission that such permit has not been issued, together with the affidavit of any safety inspector of the commission that the operation of such elevator is dangerous to the life or safety of any employee, shall be sufficient ground for the immediate granting of a temporary restraining order. § 2. Exemptions. Elevators umler the jurisdiction of the United States government, and all elevators operated by employers not subject to the safety provisions of the workmen's compensation, insurance and safety act of 1917 and acts amendatory thereof, are exempted from the provisions of this act. § 3. Inspection of elevators. Order for repairs. Temporary permit to operate. The industrial accident commission shall cause power elevators to be inspected, not less frequently than twice each year and hand-power elevators not less frequently than once each year. If such elevators shall be found upon such inspection to be in a safe condition for operation, a permit shall be issued by said commission for their operation for not longer than six months for a power elevator or longer than one year for a hand-power elevator, which shall be the permit referred to in section one. Tf such inspection shall show such elevator to be in an unsafe condition, the commission, or a commissioner, may issue a preliminary order requir- ing such repairs or alterations to be made to such elevator as may be necessary to render it safe, and may order the use of such elevator dis- continued until such repairs or alterations are made or such unsafe condi- tions are removed. Unless such preliminary order be complied with, a hearing before the commission, a commissioner or referee of such com- mission shall be allowed, upon request, at which the owner, operator or Act 1025b, §§ 4-6 generx\.l laws. 702 other person in charge of such elevator shall have opportunity to appear and show cause why he should not comply with said order. If it shall thereafter appear to the commission that such elevator is unsafe and that the requirements contained in said preliminary order should be complied with, or that other things should be done to make such elevator safe, the commission may order or confirm the withholding of the permit to operate such elevator and may make such requirements as it deems proper for its repair or alteration or for the correction of such unsafe condition. Such order may thereafter be reheard by the commission or reviewed by the courts in the manner specified by the workmen's com- pensation, insurance and safety act of 1917 for safety orders, and not otherwise. If the operation of such elevator during the making of re- pairs or alterations is not immediately dangerous to the safety of em- ployees, the commission may, in its discretion, issue a temporary permit for the operation of such elevator for not to exceed thirty days during the making of such repairs or alterations. Nothing contained in this act shall be construed as a limitation upon the authority of the com- mission to prescribe or enforce general or special safety orders. § 4. Inspectors. Certificate of competency. The commission may, in its discretion, cause the inspection herein provided for to be made either . by its safety inspectors or by any qualified elevator inspector employed by an insurance company, or may issue its permit, based upon a cer- tificate of inspection issued by qualified elevator inspectors of any muni- cipality, upon proof to its satisfaction that the safety requirements of such municipality are equal to the minimum safety requirements for ele- vators adopted by the commission; provided, that such persons making inspections shall first secure from the commission a certificate of com- petency to make such in.-=!pections. The commission is hereby vested with full power and authority to determine the competency of any applicant for such certificate, either by examination or by other satis- factory proof of qualifications. The commission may rescind at any time, upon good cause being shown therefor, any certificate of compe- tency issued by it to an elevator inspector, or may at any time, upon good cause being shown therefore, and after notice and an opportunity to be heard, revoke any permit to operate such elevator. Nothing con- tained in this act shall be construed to limit the authority of the com- mission to prescribe or enforce general or special safety orders. §5. Fees for inspection. Tlie commission may fix and collect such fees fov llic inspection of elevators as it may deem necessary, not to exceeil two dollars for each inspection or four dollars per year for each elevator. Such fees must be paid before the issuance of any permit to operate such elevator. No fee shall be charged by the commission where an inspection 1ms been made by an inspector of any insurance company or municipality, if such inspector holds a certificate of compe- tency from said commission. All fees collected \>y the coininissioii under this act shall ]>(' paid into the accident prevention fumi. §6. Report of Inspections. Every inspector so ciMtificd shall forward to the commission, on the forms provided by il, within twenty-one days after such inspection is made, a rejioit of such inspection, in default of whicli his certifii-atc of competency may ho canceled. 703 EUREKA — EXPLOSIVES. Acts 1083-1092, § 3 TITLE 174. EUKEKA. ACT 1083. Charter of Eureka. [Stats. 1895, p. 3.5(5. J Ameuded 1907, p. 1172; 1911, p. 2036; 1913, p. 1544; 1917, p. 1742. TITLE 175. EXPLOSIVES. ACT 1092. An act relating to explosives and presfril)ing regulations for the trans- poratiou, storage and selling of explosives, and providing penalties for the violation of this act. [Became a law under constitutional provision without governor's ap- proval, March 21, 1911. Stats. 1911, p. 391.] Amended 1917, p. 695. The amendment of 1917 follows: § 3. Magazines. Magazines in which explosives may lawfully be stored or kept shall be two classes, as follows: (a) First class. Magazines of the first class shall consist of those containing explosives exceeding one hundred pounds, and shall be con- structed wholly of brick, wood covered with iron, or other fireproof material, and must be fireproof, and, except magazines where gunpowder or black blasting powder only is stored must be bullet proof, and shall have no openings except for ventilation and entrance. The doors of such magazine must be fireproof and bullet proof, and at all times kept closed and locked, except when necessarily opened for the purpose of storing or removing explosives therein or therefrom, by persons lawfully entitled to, enter the same. Every such magazine shall have sufficient openings for ventilation thereof, which must be screened in such manner as to prevent the entrance of sparks or fire through the same. Upon each side of such magazine there shall at all times be kept conspicuously posted a sign, with the words, "magazine," "explosives," "dangerous," legibly printed thereon in letters not less than six inches high. No matches, fire or lighting device of any kind except electric light shall at any time be permitted in any such magazine. No package of ex- plosives shall at any time be opened in any magazine. No blasting caps, or other detonating or fulminating caps, or detonators, or electric fuzees, shall be kept or stored in any magazine in which explosives arc kept or stored, but such caps, detonators or fuzees may be kept or stored in a magazine constructed as above provided which must be located at least one hundred feet from any magazine in which explosives are kept or stored. Magazines in which explosives are kept or stored must be detached and must be located at least one hundred feet from any other structure. (b) Quantity depends on distance. On and after January 1, 1919, the quantity of explosives that may be lawfully had, kept or stored in any magazine shall depend upon the distance that such magazine is situated from buildings, highways, or railroads, and upon the protection afforded by natural or efficient artificial barricades to such buildings, Act 1092, § 3 GENERAL LAWS. 704 highways or railroads. Whenever any of tlie quantities given in column one of the quantity and distance table hereinafter set forth is had, kept or stored in any magazine in this state, the distance that any quantity given in column one of said table may be lawfully had, kept or stored from buildings is the distance set opposite said quantity in column two of said table, and the distance that any quantity in column one of said table, may be lawfully had, kept or stored from railroads is the dis- tance set opposite said quantity in column three of said table, and the distance that any quantity given in column one of said table may be lawfully had, kept or stored from highways is the distance set opposite said quantity in column four of said table. The quantity and distance table governing the keeping or storing of explosives is as follows: QUANTITY AND DISTANCE' TABLE. Column 1. Column 3 Column 3 Column 4 Quantity th at may be law 'ully kept or stored from nearest building, h gbway or railroad Distance Distance Distance Blasti ag caps Other explosives from from from nearest building, nearest railroad, nearest highway, Xumber Number Pounds Pounds feet feet feet over not over over not over 1,000 5,000 10,000 20,000 25,000 30 60 120 145 20 40 70 90 10 5,000 20 10,000 35 20,000 50 45 25,000 50,000 50 100 240 140 70 50,000 100,000 100 200 360 220 110 100,000 150,000 200 300 520 310 150 150,000 200,000 300 400 640 380 190 200,000 250,000 400 500 720 430 220 250,000 300,000 500 600 800 480 240 300,000 350,000 600 700 860 520 260 350,000 400,000 700 800 920 550 280 400,000 450,000 SOO 900 980 590 300 450,000 500,000 900 1,000 1,020 610 310 500,000 750,000 1,000 1,500 1,060 640 320 750,000 1,000,000 1,500 2,000 1,200 720 860 1,000.000 1,500,000 2,000 3,000 1,300 780 390 1,500,000 2,000,000 3,000 4,000 1,420 850 420 2,000,000 2,500,000 4.000 5,000 1 ,500 900 450 5,000 6,000 1,560 940 470 6,000 7,000 1,610 970 490 7,000 8,000 1,660 1,000 500 8,000 9,000 1,700 1,020 510 9,000 10,000 1,740 1,040 520 10,000 20,000 1,780 1,070 530 20,000 30,000 2,no 1,270 630 30,000 40,000 2,410 1,450 720 40,000 50,000 2,680 1,610 800 50,000 60,000 2,920 1,750 880 60,000 70,000 3,130 1,880 940 1 70,000 80,000 3,310 1,990 1,000 80,000 90,000 3,460 2,080 1,040 90,000 100,000 3,580 2,150 1,080 100,000 200,000 3,800 2,280 1,140 1 200,000 300,000 4,310 2,590 1,300 705 EXPLOSIVES. Act 1092, § 3 Whenever the building, railroad or highway to be protected is effectu- ally screened from the magazine, where explosives are had, kept or stored, either by natural features of the ground or by an efficient arti- ficial barricade of such height that any straight line drawn from the top or any side wall of the magazine to any part of the building to be protected, will pass through such intervening natural or efficient artificial barricade, and any straight line drawn from the top of any side wall of the magazine to any point twelve feet above the center of the railroad or highway to be protected will pass through such intervening natural or efficient artificial barricade, the applicable distances given in column two, three and four of the quantity and distance table may be reduced one-half. If at any time the distances from a nmgazine to a building, highway or railroad be decreased through the construction of a new building, jiighway or railroad or by any other means, then the amounts of ex- plosives which may be lawfully had, kept or stored in said magazine must be reduced to correspond with the quantity and distance table. "Building." "Highway." "Eailroad." "Efficient artificial barricade." The term "building" when used in the foregoing table shall be held to mean and include only any building regularly occupied in whole or in part as a habitation for human beings, and any store, church, school- house, railway station or other public place of assembly. The term "highway" when used in the foregoing table shall be held to mean public streets or public road, and shall not include roads con- structed and maintained by private persons. The term "railroad" which used in the foregoing table shall be held to mean and include any steam, electric or other railroad that carries passengers or articles of commerce for hire. The term "efficient artificial barricade" when used in the foregoing shall be held to mean an artificial mound or properly revetted wall of earth of a thickness of not less than three «feet. The provisions of this subsection (b) shall not apply to mining or quarrying operations. Noth- ing contained in this subsection (b) shall be held to prohibit the keep- ing or storing of explosives at any explosive manufacturing plant which was actually used in manufacturing explosives prior to the fifteenth day of Ai)ril, nineteen hundred seventeen. (c) Second class. Storage in tunnels. Magazines of the second class shall consist of a stout box, and not more than one hundred pounds of explosives shall at any time be kept or stored therein, and, except when necessarily opened for use by authorized persons, shall at all times be kept securely locked. Upon each such magazine there shall at all times be kept conspicuously posted a sign with the words, "magazine," "explo- sives," "dangerous," legibly printed thereon. Nothing in this section contained shall be held to prohibit the keep- ing or storing of explosives in any tunnel, where no person or persons are employed;, provided, always, that any tunnel so used for the storage of explosives shall have fireproof doors, which must at all times be kept closed and locked, except when necessarily opened for the purpose of storing or removing explosives therein or therefrom, by persons lawfully entitled to enter the same. The door of such tunnel magazine shall at 45 Act 1093a, §§ 1, 2 general laws. 706 all times have legibly printed thereon the words, "magazine," "explo- sives," "dangerous." [Amendment approved May IS, 1917; Stats. 1917, p. 695.] §11. Explosives in mines. [Eepealcd May IS, 1917; Stats. 1917, p. 698.] TITLE 176. EXPOSITIONS. ACT 1093a. An act giving and granting to the board of park commissioners of the city of San Diego the right to use and the right to authorize the use of Balboa Park in said city for exposition purposes. [Approved March 24, 1911. Stats. 1911, p. 478.] Amended 1916, Stats. 1916 (Extra Session), p. 43; 1917, Stats. 1917, p. 1. The amendment of 1917 follows: § 1. Use of San Diego park for exposition. The board of park com- missioners of the city of San Diego, California, is hereby authorized and empowered to use, or authorize any exposition company to use, any part or portion of the lands set aside as a public park by resolution of the board of trustees of the city of San Diego and approved and ratified by an act of the legislature of the state of California, approved Feb- ruarj'' 4, 1870, for the purpose of giving an exposition in the year 1917 to celebrate the completion of the Panama canal. [Amendment ap- proved January 19, 1917; Stats. 1917, p. 1. Section 1 was also amended at the Extra Session of 1916; Stats. 1916 (Extra Session), p. 43.] § 2. Emergency measure. This act is hereby declared to be an emergency measure within the meaning of section one, article four, of the constitution of the state of California, and shall take effect immediately. The facts constituting such emergency are as follows: The directors of the Panama-California International Exposition and the members of the board of park commissioners of the city of San Diego are desirous of continuing the Panama-California International Exposition, situated in the city park of San Diego, for a further period of time, not to exceed one year. A large amount of money has been expended in the permanent improvement of the exposition site in the park, and many of the build- ings contain exhibits that cannot be removed for some time. Therefore, it is necessary for legislative action immediately, in order to authorize the maintenance of such an exposition for the further period of time — the authorization of the state of California for the maintenance of said exposition having expired on the first day of .Tanuary, 1917. 707 FEES. Act 1119, § 28 TITLE 181. FEES. ACT 1119. To regulate I'oes aud salaries of certain officers. [Stats. 1869-70, p. 148.] Amended 1869-70, pp. 677, 680; 1871-72, pp. 140, 178, 188, 219, 910; 1873-74, pp. 102, 204, 212, 885; 1877-78, pp. 134, 738; 1917, p. 788. The amondnient of 1917 follows: §28. Fees of grand and trial jurors. Grand and trial jurors shall receive the fees as established by law. No juror who shall be excused from attendance upon his own motion, on the first day of his appearance, in obedience to the venire, shall receive per diem, but mileage only In civil actions tried by a jury the party or parties to the action who shall announce that a trial by jury is recjuired shall pay the trial jury their per diem fees as jurors but shall recover the fees so paid, except in actions to recover the possession of personal property where the value of the property recovered amounts to less than three hundred dollars and in actions for the recovery of money or damages where the recovery is less than three hundred dollars, as costs from the party or parties against whom the verdict is rendered. For that purpose the party or parties to the action who shall announce that a trial by jury is required shall be required during the trial to deposit daily with the clerk of the court, at or befoje the time the case each day is called for trial, the amount of money necessary to pay in full the trial jury fees, for such day. Out of the total sum of money so deposited the clerk shall pay daily to each trial juror the fees to which he shall be entitled as provided by law. Clerks of courts of record shall keep an account of all moneys received for trials by each juror during the term, and if the sum so received by such juror shall not amount to the jury fees provided by law per day, he shall deliver to such juror a certificate of the time for which he is en- titled to receive pay, which shall be paid out of the county treasury as other county dues. If in any trial in a civil case the jury be for any cause discharged without finding a verdict, the fees of the jury shall be paid by the party who shall have announced that a trial by jury is re- quired, but may be recovered as costs if he afterwards obtain judgment; and until they are paid no further proceedings shall be allowed in the action. On the first day of .each regular meeting of the board of super- ^■isors the clerks of courts of record shall file with the clerk of the board of supervisors of their respective counties a detailed statement, contain- ing a list of the jurors, and the amount of fees earned by each juror and paid out of the county treasury. No allowances shall be made to any clerk for any service performed by him, until the statement required by this section shall have been filed as aforesaid. The amendatory act of 1917 contained the following provision: § 2. All acts and parts of acts in conflict with this act are hereby repealed. [Amendment approved May 21, 1917; Stats. 1917, p. 788.] Acts 1129-1172 GENERAL LAWS. 708 TITLE 182. FELTON. ACT 1129. An act to incorporate the town of Feltou in the county of Santa Cruz, state of California. [Approved March 8, 1878. Stats. 1877-78, p. 185.] Eepealed by act approved April 20, 1917; Stats. 1917, p. 151. TITLE 188. FIRE. ACT 1171. An act to provide for the fighting of forest fires in the San Dimas canyon in the San Gabriel mountains, California, and to make an appropria- tion therefor. • [Approved May 14, 1917. Stats. 1917, p. 476. In effect July 27, 1917.] § 1. Appropriation: prevention of forest fires in San Dimas canyon. Out of any money in the state treasury not otherwise appropriated, there is hereby appropriated annually the sum of eight hundred dollars, during the sixtj'-ninth and seventieth fiscal years, which money shall be used and expended for the purpose of preventing and extinguishing forest fires and the constructing and maintaining of fire trails and firebreaks in the San Dimas canyon in the San Gabriel mountains, California, and the canyons adjacent thereto. § 2. Contract with San Dimas Fruit Exchange. The state board of control is hereby authorized and empowered to enter into a contract or contracts with the San Dimas Fruit Exchange, a corporation organized and existing under and by virtue of the laws of the state of California, for the purpose of protecting said San Dimas canyon from devastation by fire; provided, however, that the expenditures for such purposes shall not be in excess of the amount or amounts expended by the said San Dimas Fruit Exchange; and provided, further, that in the event that the said San Dimas Fruit Exchange, the San Antonio Water Company and the county of Los Angeles do not contribute an amount equal to the appropriation hereby made for the purposes hereinbefore specified, the state Ijoard of control shall not have power to enter into such contract or contracts with the sni.l S;ni Ditiins Fruit Exchange for the expenditure of the said mone}'. ACT 1172. An act to jirovide for the prevention of forest fires in the San Antonio canyon in the San Gabriel mountains, California, and to make an appropriation therefor. [Ajiproved May 11, 1917, Stats. 1917, p. 52(5. In effect .July 27, 1917.] 709 FIRE DEPARTMENT — -FIRE DISTRICTS. Acts 1173-1185, § 1 TITLE 189. FIRE DEPARTMENT. ACT 1173. All act to create a firemen's relief, health, and life insurance and pen- sion fund in the several counties, cities and counties, cities, and towns of the state. [Approved March 20, 1905. Stats. 1905, p. 412.] Amended 1913, p. 690j 1917, p. 119. The amendment of 1917 follows: § 12. Moneys to be paid into firemen's pension fund. 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 payment 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 such fire department in keeping with rules and regulations of the department. Third — An amount equal to two per cent of the salaries paid to the firemen of such county, city and county, city or. town during the pre- ceding year, payable from the funds of such municipal corporation. Fourth — One-half of all fines imposed and collected for violation of laws pertaining to precaution against fire. [Amendment approved April 14, 1917; Stats. 1917, p. 119.] TITLE 190. FIRE DISTRICTS. ACT 1185. An act to provide for the formation, government, operation and dissolu- tion of Tamalpais forest fire district, to prevent and extinguish for- est, brush and grass fires therein, and protect persons and property from injury, loss or damage resulting from any such fires; and to provide for the assesment, levy, collection and disbursement of taxes and revenues therein, and the contribution or payment of public funds therefor. [Approved May 21, 1917. Stats. 1917, p. 774. In effect July 27, 1917.] § 1. "Tamalpais forest fire district" organized. There is hereby organ- ized, created, established and incorporated a forest fire district within the county of Marin, to be known as "Tamalpais forest fire district," the boundaries of which are hereby established, described and determined as follows, to wit: Commencing at the point where the electric pole line of the Pacific Gas and Electric Company running from the Alto power-house to Bolinas first joins the state highway between the town of Mill Valley and Alto; running thence along the line of said pole line, southerly, south- westerly, and westerly across the Rancho Saucelito and the Rancho Las Paulinas until the said pole line crosses the county road along the easterly side of Bolinas inner bay or lagoon; running thence north- westerly along said county road to its intersection with the lower county road leading from Bolinas to Olema; running thence northw-esterly along Act 1185, §§ 2, 3 GEXEEAL LxVWS. 710 said Bolinas and Olema county road to its intersection witli the Tocaloma road at tlie village of Olema; running thence easterly along said county road leading to Tocaloma to its intersection with the county road run- ning along the easterly bank of Paper Mill creek; running thence north- erly and easterly along said county road running along the easterly bank of Paper Mill creek to the mouth of Nicasio creek; running thence up the county road running up Nicasio creek, in an easterly and southerly direction, through the village of Nicasio to the intersection of the Nicasio and San Geronimo county road with the Lucas Valley county road; thence easterly along said Lucas Valley county road to its inter- section with the state highway at Las Gallinas; thence southerly along the state highway as at present laid out to tiie northerly corporate limits of the city of San Eafael; thence westerly along said northerly corporate limits of said city of San Rafael to the easterly corporate limits of the town of San Anselmo; thence southerly along the easterly corporate limits of the town of San Anselmo to the easterly corporate limits of the town of Eoss; thence southerly along the easterly corporate limits of the town of Ross and westerly along the southerly corporate limits of the town of Eoss to the intersection thereof with the state highway; thence southerly along the state highway to the northwesterly corporate limits of the town of Larkspur; thence northerly, easterly and southerly, along the corporate limits of the town of Larkspur to their intersection with the northerly corporate limits of the town of Corte Madera; thence easterly, southerly and westerly along the corporate limits of the town of Corte Madera to their intersection with the state highway; and thence southerly along tTie state highway to the point of beginning. §2. Appointment of board of trustees. Term. Within thirty days after this act shall go into effect, a governing board of trustees for said district sliall be appointed. Said board shall consist of one trustee to be appointed from said district at large by the board of supervisors of said county of Marin, and of one trustee to be appointed from each municipal- ity lying wholly or partially within said district by the governing board of such municipality. The governing board of such district shall be called "the board of trustees of Tanialpais forest fire district." Each trustee appointed by a municipal board shall be an elector of the munici- pality from which he is appointed, and each appointee of the board of supervisors shall be an elector of the district. All such trustees shall hold office for the term of two years from and after the second day of the calendar year succeeding their appointment; provided, however, that the first board of trustees appointed under the provisions of this act shall, at their first meeting, so classify themselves by lot that one-half of their number, if the total membership is an even number, and if un- even then that a majority of their number, shall go out of office at the expiration of one year and the remainder at the expiration of two years, from Ihe second day of the calendar year succeeding their appointment. § 3. Officers. Expenses. Meetings. The members of the board of trustees shall meet on the first Monday sul)sequeiit to tliirty days after this act shall go into effect and siiaJl organize by the election of one of their members as president and one thereof as secretary. The members 711 FIRE DISTRICTS. Act 1185, §§ 4, 5 of the board shall serve without compensation provided that the neces- sary expenses of each member for actual traveling expenses on meetings or business connected with said board shall be allowed and paid. In event of the resignation, death or disability of any member, his succes- sor shall be appointed by the board of supervisors, if such board origi- nally made such appointment, or by the governing board of the appro- priate municipality, if such appointment were originally made by the board of a municipality. The board of trustees shall provide for the time and place of holding its regular meetings, and the manner of calling the same, and shall establish rules for its proceedings. Special meetings may be called by three trustees and notice of the holding thereof shall be given to each member at least three hours before the meeting. All sessions, whether regular or special, shall be open to the public and a majority of the members of the board shall t-onstitute a quorum for the transaction of business. § 4. Powers of board of trustees. The board of trustees of such dis- trict shall have power to take all necessary or proper steps for the pre- vention or extinguishing of forest, brush or grass fires within the dis- trict, and for the protection of persons or ])roperty from any injury, loss or damage resulting from any such fire or fires; to purchase such supplies and materials and to employ such labor or skilled services as niay be necessary or proper in furtherance of the objects of this act, and if neces- sary or proper in the furtherance of the same to build, construct and thereafter to keep clear and maintain necessary fire roads or fire trails, hydrants or other fire-fighting apparatus upon the lands within the district or adjacent thereto, and to acquire by purchase, condemnation, license or other lawful means, in the name of the district, all necessary lands, rights of way, easements or property or material requisite or necessary for any of such purposes; to make contracts, to indemnify or compensate any owner of land or other property for any injury or'' damage neces- sarily caused by the exercise of the powers by this act conferred, or arising out of the use, taking or damage of such property for any such purposes, and generally to do any and all things necessary or incident to the powers hereby granted and to carry out the objects specified herein. § 5. Estimate of money needed. "Tamalpais forest fire district tax." Levy and collection. The buaid of trustees of said district shall at least fifteen days before the first day of the month in which the board of supervisors of Marin county is required by law to levy the amount of taxes required for county purposes, furnish to said board of supervisors and to the county auditor of said county, respectively, an estimate in writing of the amount of money necessary for all purposes required under the provisions of this act during the next ensuing fiscal year. The board of supervisors of such county shall thereafter at the time and in the man- ner of levying other county taxes levy upon all of the taxable property within the district and cause to be collected a tax, to be known as the "Tamalpais forest fire district tax," the maximum rate of which must not be greater than sufficient to raise the amount estimated to be raised by the said board of trustees of the district, nor in any event shall such tax exceed ten cents on eaeli one hundred dollars of taxable property in such district. Act 1185, §§ 6, 7 GENERAL LAWS. 712 All taxes levied under the provisions of this section shall be computed and entered on the county assessment-roll of said county by the county auditor thereof, 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 of said county for the use of said district. The funds shall be withdrawn from said county treasury upon the war- rant of the board of trustees of such district signed by the president or acting president of the board, and countersigned by its secretary. § 6. Proposal of amoiuit to be paid toward expenses by state, etc. Governing board authorized to make proposal. The board of trustees (if such forest fire district prior to its estimate of tlic amount of money necessary for a'll purposes of the district for the ensuing fiscal year, as hereinabove provided, may request from the governing board or body having jurisdiction and control over any forest, brush or grass lands within such district owned or held for any purpose whatsoever by the state of California, or any county, city, township, municipal corporation, public corporation, or other political corporation or subdivision of the state, a proposal or promise as to what amount, if any, the state of California, or any county, city, township, municipal corporation, public corporation or other political corporation or subdivision of the state owning or holding such lands, will agree to pay to such district towards its necessary expenses for the next ensuing fiscal year, or such proposal may be for the next two ensuing fiscal years in the event that such lands shall be under the control of the state of California, in considera- tion of said district taking over the supervision and concurrent control, as hereinafter set forth, of such lands so owned or held, only, however, in so far as is necessary or proper to prevent or extinguish forest, brush or grass fires thereon or within such district, or to protect persons or I»roperty from any injury, loss or damage resulting from any such fire, and said governing body having jurisdiction and control over such lands is hereby authorized and empowered, for the consideration afore- said, to propose or promise, as aforesaid, and so obligate the state of California or any county, city, township, municipal corporation, public corporation or other political corporation or subdivision of the state owning or holding such lands respectively, to such district upon its board of trustees accepting such proposal for such purpose, whereupon such agreement shall be duly executed in the form of a contract, and such district shall thereupon take over the supervision and control of the jirevcntion and extinguishing of forest, brush or grass fires upon such lands in the manner aforesaid for tiie next ensuing fiscal year, or for the life of snch contract. § 7. Annexation of territory. Petition. Proposition submitted to electors. If majority vote favors. Territory deemed added when. Ex- clusion of land. Petition. Hearing. Notice. Deemed excluded when. Any territory, incorporated or unincorporated, lying adjacent and con- tiguous to- said forest fire district, and within the same county there- wilh, may lie added mihI nmicxcd 1o such district, at any time, upon jjroceedingH being had and 1;ikcii ;is in this act provided; and any terri- tory, iiicorporatcil or iiniiicor|)oi;ilcii, lying within SLiid district, may be 713 FIRE DISTRICTS. Act 1185, § 7 withdrawn and excluded therefrom upon proceedings being had and taken as in this act provided. The board of trustees of such district upon receiving a written petition containing a description of the new territory sought to be annexed to such district, signed by the owners comprising more than one-half of the assessed value of such territory as shown by the last county assessment-roll, must thereupon submit to the electors of the district and also to the electors residing in the territory sought to be annexed, the proposition of whether such proposed terri- tory shall be annexed and added to such district. The proposition to be submitted to the electors at such election, both within said district and within said territory so proposed to be annexed, shall be as follows: "for annexati'on," or "against annexation," or words equivalent thereto. Such election must be called and held, and notice thereof shall be published for at least four weeks prior to such election in a. newspaper printed and published in such district, and also in a newspaper, if any, printed and published in such territory so proposed to be annexed. The board of trustees, shall canvass, separately, the votes cast within said district, and the votes cast within said territory so proposed to be annexed, and if it shall appear from such canvass that a majority of all the ballots cast in such district and a majority of all the ballots cast in such terri- tory so proposed to be annexed are in favor of annexation, the board of trustees shall certify such fact to the secretary of state describing said property proposed to be annexed and upon receipt of such last men- tioned certificate, the secretary of state shall thereupon issue his certifi- cate reciting that the territory (describing the same) has been annexed and added to the Tamalpais forest fire district and a copy of such certificate of the secretary of state shall be transmitted to and filed with the county clerk of said county in which such forest fire district is situ- ated. From and after the date of such certificate the territory named therein shall be deemed added and annexed to and form a part of said forest fire district, with all the rights, privileges and powers set forth in this act and necessarily incident thereto. If the property so proposed to be annexed is included within a municipality, consent to such annexa- tion shall first be obtained from the governing board of such municipal- ity, and an authenticated copy of the resolution or order of such board so consenting to such annexation, shall be attached to the petition, and be made a part thereof. At any time after the organization of said forest fire district, and the appointment of the board of trustees thereof, the owner or owners of the record title to any laud or lands within said district may file a petition with the board of supervisors of the county praying that his or their lands be excluded from the district; provided, that no petition shall be presented or received for the exclusion of lands which, either by themselves, or together with other lands included in the same petition, do not lie adjacent to the exterior boundaries of said forest fire district. At its first regular meeting after the filing of such petition the board of supervisors shall, by its order, set said petition for hearing, which hearing shall not be more than forty days nor less than ten days from the date of its said order. Notice of such hearing shall be mailed to the petitioners, and to the members of the board of trustees of the forest fire district at least one week before the hearing. At such hearing, or at any continuation thereof, the board of supervisors shall Act 1185, §§ 8, 9 GENERAL LAWS. 714 hear and determine the facts urged for or against said petition, and shall make a finding determining whether or not the said lands petitioned to be withdrawn, or any part thereof, shall be withdrawn from the district. In case such finding shall be in favor of excluding such lands, or any portion thereof from the district, the board of supervisors shall make its order certifying such fact to the secretary of state, describing said prop- erty proposed to be excluded by said findings, and upon receipt of such last mentioned certificate, the secretary of state shall issue his certificate reciting that the territory (describing the same) has been excluded from the Tamalpais forest fire district, and a copy of such certificate of the secretary of state shall be transmitted to and filed with the county clerk of the county of Marin. From and after the date of such certificiato, the territory described therein shall be deemed excluded from said forest fire district. § 8. Dissolution of district. The district may at any time be dis- solved upon the vote of two-thirds of the qualified electors thereof, upon an election called either by its board of trustees or by petition signed by twenty-five per ceiTt of the registered voters within the district upon the question of dissolution, and the proposition which shall be submitted to the electors at such election shall be as follows: "Shall the district be dissolved?" Such election must be called and held; and notice thereof shall be published for at least four weeks prior to such election in a newspaper printed and published in such district. If two-thirds of the votes at such election shall be in favor of the dissolution of the district, the board of trustees shall certify such fact to the secretary of state, and upon receipt of such last mentioned certificate, the secretary of state shall thereupon issue his certificate reciting that said forest fire district has been dissolved, and a copy of such certificate of the secretary of state shall be transmitted to and filed with the county clerk of said county in which such forest fire district is situated. From and after the date of such certificate the district named therein shall be deemed dis- solved, and the property of the district shall thereupon vest in the county wherein said district is situate, if the district at the time of its dissolu- tion comprises unincorporated territory alone, and if it comprises incor- porated territory alone, or partly incorporated and partly unicorporated territory, then in such event its property shall be ratably apportioned amongst the several municipalities and the county in proportion to the assessed value of the property included within said district as shown upon the last county assessment-roll; provided, however, that any real property, easements or rights of way belonging to said district shall in such event remain the property of the municipality wherein the same is .situate, if situated within incorporated territory, otherwise the same shall remain the ]ir(iperty of Ihe county. §9. Publication of notices. Words defined. Every notice herein re- quired to be publislicd may Ijc iiubli.siicd in a daily or weekly or semi- weekly nevv.sjiaper; ;iiii| if tiicrc is no dnily, or weekly or semi-weekly iM'VVHj)a|i('r piihlislicil williin I lie ilislrid (ir wilhiii a subdivision thereof or other territory wherein the saiiie is requireil to be published, then Htich notice shall he jiosted for the length of time Iierein required for the 715 FOODS. Act 1206, § 1 publication of the same in three public places of such district or such subdivision thereof or such other territory as the case may be. The term "municipality," as used in this act, shall include a city or town, and shall be understood and so construed as to include, and is hereby declared to include, all corporations heretofore organized and now existing, and those hereafter organized, for municipal purposes. The words "district" shall appl^', unless otherwise expressed or used, to said forest fire district formed under the provisions of this act, and the word "trustees," and thie words "board of trustees," shall apply to the trustees and to the board of trustees of such district. § 10. Provision optional and pennissive. The provision herein con- tained for the entering into proposals and contracts with said forest fire district by the state of California, or any county, city, township, munici- pal corporation, public corporation or other political corporation or sub- division of this state, is hereby declared to be optional and permissive and no further authority of law shall be required for such proposals or contracts than that herein contained, and no further authority of law shall be required than that contained in this act for the levy of taxes by boards of supervisors for the purposes herein specified, and no fur- ther authority shall be required by law for the bringing of actions in eminent domain, for the acquiring by said forest fire district of rights of way for fire roads or trails, and easements to cut timber, brush or grass thereon, and to maintain the same, than the authority contained in this act. § 11. Constitutionality, If any section, subsection, sentence, clause or phrase of this at-t is for any reason held to be unconstitutional, such de- cision shall not affect the validity of the remaining portion of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or jnore other sections, subsections, sentences, clauses or phrases be declared unconstitutional. TITLE 195. FOODS. ACT 1206. An act providing for the inspection of animals slaughtered for human food, providing for the inspection of the meat and meat food pro- ducts of such animals, providing for the collection of fees to defray the expenses incurred by maintaining such inspection, providing for the appointment and duties of officials to carrj^ into effect the provi- sions of this act, providing for the marking of carcasses and parts thereof, and providing a penalty for violation thereof. [Approved May 11, 1917. Stats. 1917, p. 423. In effect July 27, 1917.] § 1. Inspection of slaughtering establishments by state veterinarian. Any person, firm or corporation in the state of California, engaged in the slaughtering of cattle, sheep, swine, or goats, desiring to have the healthfulness of the meat and meat food products of such animals certi- Act 1206, §§ 2, 3 GENERAL, LAWS. 716 fied to, may make application for the inauguration of an inspection ser- vice in such establishment. Said application shall be in writing addressed to the state veterinarian of California, and shall be made on blanks which will be furnished by said state veterinarian. In such application such applicant for inspection shall agree to comply with the provisions of this act and to maintain said establishment in a clean and sanitary manner. Upon receipt of said application the state veterin- arian shall make an inspection of said establishment and if found clean and sanitary, and properly equipped to conduct its business in a clean and sanitary manner, he shall inaugurate an inspection service therein, and shall give to such establishment an official number, and this number shall be used to mark the meat and meat food products of the establish- ment as hereinafter jjrovided. Such an establishment shall thereafter be known as "Official Establishment No. ." § 2. Fees. The cost of such inspection service shall be borne by the establishment where it is maintained and shall be paid for in th^ follow- ing manner: When, in the opinion of the state veterinarian, the volume of business is sufficient to occupy the continuous services of one in- spector, such establishment shall pay a fee of one hundred fifty dollars per month. When, in the opinion of the state veterinarian, the services of more than one inspector are required to properlj^ carry on the work, the fee in such cases shall be one hundred fifty dollars per month for the first inspector, and one hundred twenty-five dollars per month for each additional inspector. When, in the opinion of the state veterin- arian, the inspection work in two or more neighboring establishments can be properly supervised by one inspector, said state veterinarian may, in such cases, probate the fees among such establishments, but in no instance where only one inspector is employed to supervise the work in more than one establishment shall the aggregate fees be less than one hundred fifty dollars per month, and in no such instance shall the indi- vidual fees be less than fifty dollars per month. All such fees shall be paid during the first week of January, April, July and October of each year and they shall be paid in advance for the ensuing three months. Such fees shall be paid to the state veterinarian, who shall at least as often as once each month and oftener if required to do so, report to the state controller the total amount of fees collected, and at the same time he shall pay into the state treasury the entire amount of said receipts. All such receipts shall be credited to the meat hygiene fund, which fund is hereby created, out of which shall be paid the salaries of inspectors who are appointed in accordance with the provisions of this act, as well as other expenses that may be incurred incidental thereto. In no in- stance, however, shall any of the fees collected as provided herein be refunded. The state veterinarian is hereby authorizd to appoint such inspectors as may be necessary to carry out the provisions of this act. §3. Hours for slaughtering. All slaughtering in each official estab- lishment shall be conduciccl between the hours of seven o'clock A. M. and seven o'clock P. M. of any one week day, unless a special permiv, in writing or by telegram, autliori/Jng slaughtering at any other time, is granted by tiie state vetcriiiaiiaii. The niniuiger or other person in 717 POODS. Act 1206, §§4-7 ■ charge of such establishment shall iiit'orni the inspector when work has been concluded for the day, and of the day and hour when work will be resumed. Where one inspector is detailed to conduct the work at two or more establishments where few animals are slauglitered, the inspector may designate the hours for work. §4. Ante-mortem examination of animals. In each official establish- ment an ante-mortem examination shall be made of all cattle, sheep, swine and goats about to be slaughtered, and satisfactory facilities shall be provided for conducting such examinations, and for separating and holding apart from passed animals those that are unfit for immediate slaughter. §5. Parts inspected. Mark. In each official establishment a careful inspection shall be made of all animals at the time of slaughter. The head and tongue, tail, thymus gland, and all viscera, and all parts and blood used in the preparation of meat food and medicinal products shall be retained in such a manner as to preserve their identity until after the post-mortem examination has been completed. Carcasses and parts thereof found to be sound, healthful, wholesome and fit for human food shall be passed and marked in the following manner: Upon all passed carcasses and parts thereof slaughtered in an official establishment the inspector shall place a mark bearing the words "Cal. Inspected and Passed." This mark shall also contain the official number of the estab- lishment. The number of such marks that shall be affixed and their location on the carcasses and parts thereof shall be determined by the state veterinarian. Each carcass or part thereof, which is found on post-mortem inspection to be unsound, unhealthful, unwholesome or other- wise unfit for human food shall be marked consjiicuously by the inspector at the time of inspection with the words "Cal. Inspected and Condemned," and such carcass or part thereof shall, under the supervision of the in- spector, be rendered unfit for human consumption in some manner ap- proved by the state veterinarian. § 6. Rules and regulations. The state veterinarian shall, from time to time, make such rules and regulations as are necessary for the efficient execution of the provisions of this act, and all inspections and examina- tions made under this act shall be such and made in such manner as described in the rules and regulations precribed by said state veterin- arian not inconsistent with the provisions of this act; provided, however, that in making such rules and regulations said state veterinarian shall be guided by the regulations governing meat inspection of the United States department of agriculture. § 7, Violation. It shall be unlawful for any person, firm or corpora- tion except the inspector as herein provided, to have in possession, keep or use any mark, stamp or brand provided or used for marking, stamp- ing or branding any article herein required to be marked, stamped or branded. It shall be unlawful for any person, firm or corporation to have in possession, keep, make or use any mark, stamp or brand having thereon a device or words similar in character or import to the marks, Acts 1222-1224, §§ 1, 2 general laws. 738 stamps or brands provided or used for marking, stamping or branding, such articles, and anj^ violation hereof shall be deemed a misdemeanor. TITLE 198. FOKESTEY. 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.] Amended 1917; Stats. 1917, p. 439. The amendment of 1917 follows: § 1. Salaries of state forester and assistants. The salary of the state forester shall be three thousand dollars per annum. The state forester shall have authority to appoint a deputy forester at a salary of two thousand four hundred dollars per annum and an assistant forester at a salary of one thousand six hundred dollars per annum. The deputy forester shall exercise all the powers and duties of the state forester during the latter's absence. All the salaries inentioued herein are to be paid in the same manner as the salaries of other state officers are paid. § 2. Repealed. All acts and parts of acts inconsistent herewith are hereby repealed. ACT 1223. An act to provide for the reforestation, the cutting of fire lanes and fire trails on the Angeles national forest, and to make an appropriation therefor. [Approved May 15, 1917. Stats. 1917, p. 532. In effect July 27, 1917.] The act appropriated $5,000 for the purpose indicated. ACT 1224. An act providing for the establishment and maintenance of a state nurs- ery under the jurisdiction and management of the state forester for the growing of stock for reforestation und the planting of trees along highways and in public places, and making an appropriation therefor. [Approved May 15, 1917. Stats. 1917, p. 563. In effect July 27, 1917.] § 1. State nursery established. There is hereby established a state nursery under the jurisdiction and management of the state forester for tlie growing of stock for reforestation of public lands, the planting of trees along i)ub]ic streets and highways and for the beautifying of parks and school grounds. The state nursery shall be located by the state forester upon lauds now owned liy the state or donated to the state for that purpose. §2. Duty of state forester. Tlie state forester sli;iH construct and maintain such buildings, improvements and equipment, and shall employ and fix the compensation of such employees as may bo necessary to carry '^19 FRANCHISES. Act 1235, §§ 1, 2 out the provisions of this act. lie may aiso purchase nursery stock and seed and distribute the same at cost for public planting or reforestation. § 3. Governor to receive deeds, etc. The governor, on behalf of thb state, is hereby authorized to receive all such deeds, conveyances, assur- ances or donations of real or personal property as may be necessary in law to vest in the people of the state of California the title to any site or sites for said nursery and any equipment and supplies therefor that may be donated to the state and accepted by the governor. § 4. Appropriation. Out of any money in the state treasury not other- wise appropriated there is hereby appropriated the sum of fourteen thou- sand dollars for the purposes of this act. TITLE 200. FRANCHISES. ACT 1235. An act providing for the resettlement of franchise rights of and the granting of a resettlement franchise to any person, firm or corpora- tion actually engaged in operating a street, suburban or interiirban railroad in cities or cities and counties having at the effective date of this act a freeholders' charter adopted under the provisions of section eight of article eleven of the constitution of the state of California, which charter provides for the resettlement of franchise rights of and the granting of resettlement franchises to any person, firm or corporation engaged in operating a. public utility in such a municipality, and providing conditions for the granting of such franchises by legislative or other governing bodies of such city or city and county. [Approved May 22, 1917. Stats. 1917, p. 820. In effect July 27, 1P17.] § 1. Power of board, of supervisors, etc., to provide for resettlement of franchise rights. The board of supervisors, the board of trustees or common council, or other governing or legislative body of any city or city and county having at the effective date of this act a freeholders' charter adopted under the provisions of section eight of article eleven of the constitution of the state of California, and which charter provides for the resettlement of and the granting of a resettlement franchise to any person, firm or corporation engaged in operating a public utility in such city or city and county, is hereby empowered to provide for a gen- eral resettlement of the franchise rights and to grant a resettlement franchise to any person, firm or corporation actually engaged in operat- ing a street, suburban or interurban railroad in said city or city and county, upon written application therefor, and upon such terms and con- ditions as are in this act provided, and may, in such resettlement of any such franchise impose other and additional terms and conditions not in conflict herewith. § 2. Franchise submitted to vote of electors. Every such resettlement franchise which is granted shall be granted after such publication and upon such notice as the governing or legislative body shall by resolu- Act 1235, §§ 3-5 GENERAL LAWS. 720 tion determine, or failing such determination after such publication and upon such notice as is or shall be prescribed by law for the enactment of ordinances hy such governing or legislative body. After the final passage of such franchise, the same shall be referred and submitted to the vote of the electors of the city or city and county at the general or special election next ensuing not less than twenty d&js after the final passage of such ordinance, or if no general or special election is to be held in the city or city and county within a period of not less than twenty days and not more than ninety days after such final passage, the said governing or legislative body may call a special election for the purpose of submitting said ordinance to the electors as aforesaid, said special election to be held not less than thirty days and not more than sixty days after such final passage. No such resettlement franchise shall go into effect until it shall have been so submitted to the electors of the city or city and county and receive the approval of a majority of the electors voting thereon; and provided, further, that such resettlement franchise shall not be effective unless accepted in writing by the grantee of such resettlement franchise. § 3. Rights conferred by franchise. Every such resettlement fran- chise, permit or privilege shall confer upon the grantee thereof the right to occupy the roads, streets, highways, avenues, boulevards, lanes, alleys, courts, places and pathways of the city or city and county, particularly set out in the term.s and conditons of such franchise, permit or privilege, for the purpose of conducting, operating and maintaining thereon a street, suburban or interurban railroad, subject always to the right of the city or city and county to acquire and possess the property of said grantee; provided, however, that said grantee shall pay to the city or city and county such a percentage of the net revenue annually collected from any and all sources under and by virtue of such franchise, permit or privilege, as shall be fixed in such franchise. "What constitutes such annual net revenue shall be provided in such franchise. § i. New franchise may be part of resettlement franchise. The legis- lative or governing body may in such resettlement franchise provide that any new franchise granted to the holder of such resettlement franchise shall be considered as part of such resettlement franchise. § 5. Extension of franchise to annexed territory. The legislative or governing body may in such resettlement franchise provide that in case (jf consolidation or annexation to the city or city and county of any ter- ritory not now included in said city or city and county at the date said re- settlement francliise is granted, any franchise to operate such street, suburban or interurban railroad, or any part thereof, held or claimed by the holder of such resettlement franchise in or for any portion of such con- solidated or annexed territory shall thereupon be surrendered to the city or city and county, and that the rights and obligations of such resettle- Tncnt franchise shall thereupon automatically extend to such additional lerritorv, and that a valuation for the purpose of public acquisition of the properties used and useful, or, in I lie discretion of the city or city ;nid county, j.rospectively useful, in the operation of such street, subur- inle'nirliiiii i-,.ilro!id in t lu; aiea so coiisolidat(>d or annexed, and ;in or 721 FRANCHISES. Act 1235, §§ C, 7 not included in the capital valuation already fixed in such resettlement franchise shall be added to the capital account of such resettlement franchise grantee at a valuation for the purpose of public acquisition fixed by the railroad commission of the state of California, or its succes- sors in interest, and otherwise determined as provided in tins act. § 6. Grantee to surrender franchises owned. Every resettlement fran- chise shall provide that the grantee thereof shall surrender the franchises or rights, owned or claimed by the grantee, to occupy such portion of the roads, streets, highways, avenues, boulevards, lanes, alleys, courts, places and pathways as it is proposed such street, suburban or interur- ban railroad shall thereafter occupy under the provisions of such re- settlement franchise, and that the grantee shall accept in lieu thereof the rights and privileges granted by such resettlement franchise as a franchise for the continued operation of such street, suburban or inter- urban railroad within the limits of the city or city and county or such portion thereof as had theretofore been operated under the franchise or franchises surrendered. § 7. Granted for indeterminate period. Purchase by city. Valuation by railroad commission. Every such resettlement franchise, permit or privilege shall be granted for an indeterminate period, subject always to the right of the city or city and county to acquire and possess the prop- erty of the grantee. Every resettlement franchise shall be granted upon the express condition that the city or city and county may, at a valuation for the purpose of public acquisition, fixed and determined as hereinafter provided, either assume ownership by purchase, take over and possess the property used and useful, or, in the discretion of the city or city and county prospectively useful, of the franchise grantee, his or its successors or assigns, upon giving said grantee written notice of its intention to purchase and take over said property, which written notice shall be given only when authorized by ordinance of the legis- lative or governing body of the city or city and county. The valua- tion for the purpose of public acquisition of such property used and useful, or, in the discretion of the city or city and county, prospectively useful, and owned by the grantee at the time application is made for such resettlement franchise, permit or privilege, shall be fixed by the railroad commission of the state of California, or its successors in inter- est. The valuation of such property, as fixed by the railroad commis- sion of the state of California, may be set forth in said resettlement franchise, permit or privilege, in which case a readjustment from time to time of this valuation by the addition of the cost of exten.sious and betterments and by the deduction of the value of property sold or aban- doned, and of the amount of depreciation sustained by the property used or useful, or prospectively useful, of the franchise grantee shall be made in such manner as may in said resettlement franchise be provided. All expenses of such valuation by the railroad commission of the state of California, or its successors in interest shall be paid by the city or city and county to the railroad commission of the state of California, or its successors in interest. 46 Act 1248a general laws. 722 §8. Value in excess of amount paid not to be claimed. Said reset- tlement franchise shall provide that the grantee thereof, its successors or assigns, shall never claim before any court or other public authority in a.ny proceeding of any character any value for said resettlement fran- chise, permit or privilege in excess of the amount originally paid for the same by the grantee thereof to the public authority granting the same. § 9. Amendment. Any resettlement franchise may be amended from time to time by ordinance passed by the governing or legislative body of the city or city and county and ratified by the electors of the city or city and county in the manner herein prescribed for the passage of such resettlement franchise in the first instance, and not otherwise; pro- vided, that no such amendment shall be effective unless accepted in writing by the grantee of such resettlement franchise. § 10. Exercise of police power. Right of city to acquire property by right of eminent domain. The legislature hereby declares that this act is passed subject to the continued power of the state of California in the exercise of its police power or otherwise through the instrumentality of the railroad commission of the state of California or other agency to provide at any and all times for the supervision and regulation of public utilities notwithstanding any franchise, permit or privilege or any provision thereof granted under this act, or any part thereof. Nothing herein contained, nor any provision of any franchise granted hereunder shall be deemed to prevent a city or city and county from acquiring at any time the property of any public utility through the exercise of the right of eminent domain under the then constitution and laws, and the legislature hereby declares it to be against the policy of the state for any city or county to contract away, either for a term or in perpetuity, the right to exercise the right of eminent domain in re- spect to any public utility. § 11. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause, and phrase thereof, irre- spective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. TITLE 202. FRE'E LIBRARIES. Act 1248a. An act to provide for the establishment and maintenance of county free libraries in the state of California, and repealing "An act entitled 'An act to provide county library systems,' approved April 12, 1909, and all acts and parts of acts in conflict with this act." [Approved February 25, 1911. Stats. 1911, p. 80.] Amended 1917; Stats. 1917, p. 1610. 723 PEESNo COUNTY — FRUIT. Acts 1264a-1275a The amendment of 1917 follows: §9gg. Salary of county librarian. In counties of the thirty-third class the salary of the county librarian shall be eighteen hundred dol- lars per annum. [Amendment approved .June 1, 1917; Stats. 1917, p. 1610. TITLE 204. FRESNO COUNTY. ACT 126ia. An act to increase the number of judges of the superior court of the county of Fresno, and to provide for the appointment of an addi- tional judge. [Approved May 5, 1917. Stats. 1917,, p. 283. In effect July 27, 1917.] § 1. Fresna county judges. The number of judges of the superior court Fresno county is hereby increased from two to three. § 2. Appointment of one additional judge. Election. Within ninety days after the taking effect of this act, the governor shall appoint one additional judge of the superior court of the county of Fresno, state of California, who shall hold ofiEice until the first Monday after the first day of January, A. D., one thousand, nine hundred nineteen. At the general election to be held in November, 1918, a judge of the superior court of said county shall be elected in said county, who shall be the successor of the judge appointed hereunder, to hold ofiice for the term prescribed by the constitution and by law. § 3. Salary. The salary of said additional judge shall be the same in amount, and shall be paid at the same time and in the same manner as the salary of the other two judges of the superior court of said county now authorized by law. TITLE 205. FRUIT. ACT 1275. An act to establish a standard for the packing and marketing of apples, fixing penalties for the violation of its provisions, and providing for its enforcement and making an appropriation to carry into effect the provisions hereof. [Approved June 10, 1915. Stats. 1915, p. 1386.] Repealed 1917; Stats. 1917, p. 285. See next Act. ACT 1275a. An act to establish standards for the packing and marketing of apples, forbidding the sale of certain infected and diseased apples, provid- ing for its enforcement, fixing penalties for its violation, and mak- ing an appropriation to carry into effect the provisions thereof, and repealing an act entitled "An act to establish a standard for the Act 1275a, §§ 1-3 geneital laws. 724 packing and marketing of apples, fixing penalties for the violation of its provisions, and providing for its enforcement and making an appropriation to carry into eft'ect the provisions hereof," approved June 10, 1915. [Approved May 7, 1917. S-tats. 1917, p. 285. In effect .July 27, 1917.] § 1. Title. This act shall be known, and for any and all purposes may be designated and referred to, as "The standard apple act of 1917." § 2. Standard grades established. The following standard grades are hereby established for apples, packed, shipped, delivered for shipment, offered for sale or sold, in the state of California, when contained inclosed packages: (a) "California Fancy." The "California Fancy" grade shall consist of apples of well-grown, properly matured specimens of one variety, hand- picked, with stems retained therein, well colored for the variety, uni- form in size, well packed, and shall be free from insect pests, diseases, visible rot, visible dry rot, visible Baldwin spot, insect bites, bruises and other defects, except such bruises and defects as are necessarily caused in the operation of packing, and virtually free from dirt; pro- vided, however, that a variation from the said standard, as to insect pests, diseases, dry rot, Baldwin spot, insect bites, bruises and other defects, shall be allowed, not to exceed ten per cent total of such de- fects in any one package, nor to exceed three per cent of any one such defect; and provided, further, that a variation in size of the apples shall be allowed, not to exceed three-eighths of one inch, as the same may be measured by the smallest diameter therof. (li) "B grade." The "B grade" shall consist of apples of well-grown, jiropcrly matured specimens of one variety, haud-i)ieked, uniform in size,_ well packed, free from insect pects, diseases, visible rot, visible dry rot, visible Baldwin spot, insect bites, sun scald and frost bite more than skin deep, and bruises resulting in the breaking of the skin and virtually free from dirt; provided, however, that insect bites which have healed in the process of maturity of the apple, and slightly misshapen apples shall be permitted in this grade; that a variation in size of the apples shall be allowed, not to exceed three-eighths of one inch, as the same may be measured by the smallest diameter therof, and that a variation from the said standard, as to insect pests, diseases, dry rot, P.ahlvvin spots, bruises and other defects, shall be allowed, not to exceed ten jicr cent total of such defects in any one jiackage, nor to exceed three jier cent of any one such defect. ((■) "C grade." The "(J grade" shall consiist of apples of properly matured specimens of one variety, free froui insect pests, visible rot, visible dry rot, visible Baldwin spots and diseases; provided, however, that a variation from said standard as to insect pests, dry rot, Baldwin spots and diseases, shall be allowed, not to exceed ten per cent total of such defects in any one package, nor to exceed three per cent of any fine such defect. §3. Labeling of closed packages. Every closed package in which any ■.i],]>h:H are j.acked, sliipped, .lelivered for shipment, offered for sale 725 FRUIT. Act 1275a, §§4-6 or sold, ill the state of California, shall bear upon the outside thereof, and on the labeled or branded end, in jdain words or figures and in the English language, the following: The grade of the apples therein con- tained, as herein defined, the designation of grade, when the stamps hereinafter provided for are not used, being stated in letters not smaller than thirty-six point type, that is, not less than one-half inch in height: the number of apples contained in the package or the net weight of the apples contained therein; the variety of the apples contained in the package, unless the variety be unknown to the packer, in which case the variety shall be stated as unknown; the name and business address of the person, firm, company, organization or corporation, who first packed or caused the same to be packed, and, if repacked, the name and address of the person, firm, company, organization or corporation who repacked the same or caused them to be repacked; the date when such apples were first packed, or if repacked, the date of repacking; pro- vided, however, that a variation of five apples, more or less, than the number stated, shall be allowed. §4. Labeled apples must conform to standard. Xo person, firm, com- pany, organization or corporation, shall sell or offer for sale, within the state of California, any apples labeled, designated, invoiced or represented to be, of "California. Fancy" or "B" or "C" grade, whf:'ther contained in closed packages or otherwise, unless the' same shall con- form to the standard for such grade herein established; provided, how- ever, that nothing herein contained shall prevent the grading of Graven- stein apples as "California Fancy," though the stems be not retained therein. § 5. Importation of infected apples forbidden. Xo person, firm, com- pany, organization or corporation, shall import into this state, or sell, barter, offer for sale or have in his possession for sale, any apples in- fected with any insect pest or the pupae or larvae thereof or any dis- ease; provided, however, that this section shall not be construed to pre- vent a grower of fruit so infected in the state of California from sell- ing the same, as a part of his crop, in bulk, to a packer, or to prevent a grower or packer from manufacturing the same into an apple by-product, or from selling the same to the operator of a by-product factory for the purpose of such manufacture; and, provided, further, that the pro- visions of this section shall be construed to be limited by the variations allowed by the terms of section two of this act. § 6. False statements, etc. Xo statement, figure, design or device, appearing upon any container in which apples are sold, bartered, or offered for sale, or in which apples are packed for sale or shipment, or upon the brand or lining of any such container, or upon the wrapper of any apple therein contained, or upon any sign or placard used in con- nection therewith and having reference to the apples contained, shall be false or misleading, in any particular. The word "Fancy" shall not be used with reference to any apples the grade of which does uot con- form to the standard for "California Fancy" as in this act defined. Act 1275a, § § 7-9 general laws. 726 § 7. Powers of state commissioner of horticulture. The state commis- sioner of horticulture of California shall be charged with the enforce- ment of the provisions of this act, and for that purpose shall have power: (a) To enter and to inspect every place within the state of California where apples are produced, packed, shipped, delivered for shipment, offered for sale or sold, and to inspect such places and all apples and apple containers and equipment found in any such place. (b) To design, and cause to be printed or lithographed, suitable uni- form stamps to be used on packages containing apples of the various grades, standards for which are established by the terms of this act, to sell the same as hereinafter provided, and to prescribe the method of canceling the same. (c) In accordance with the provisions of the civil service law of this state, to appoint, superintend, control and discharge such chief inspec- tors and subordinate inspectors as in his discretion may be deemec^ to be necessary, for the special purpose of enforcing the terms of this act, to prescribe their duties, and, in conjunction with the board of control, to fix their compensation, provided that no chief inspector shall be paid more than seven dollars per day and no subordinate inspector more than five dollars per day. (d) Pensonally, or through any deputy or any such inspector, to seize and retain possession of, any apples or apple boxes packed, shipped, de- livered for shipment, offered for sale or sold, in violation of any of the provisions of this act. (e) In the name of the people of the state of California to cause to be instituted and to prosecute, in the superior court of any county or city and county of the state of California, in which apples packed, shipped, delivered for shipment, offered for sale or sold, in violation of any of the provisions of this act, may be found, an action or actions for the condemnation of apples as provided in section thirteen of this act. § 8. Sale of stamps. The stamps designed and provided by the state commissioner of horticulture of California, as provided by section seven of this act, by him shall be placed on sale and sold to any person who may apply therefor, at the price of one-half cent each. All moneys received by him from tiie sale of such stamps shall be paid over to the treasurer of the state of California, who shall deposit the same to the credit of a fund to be used exclusively for the payment of the expenses of enforcing the provisions of this act, and to be paid out only upon claims approved by the state commissioner of horticulture of California and V)y tlie lioard of control. § 9. Qualifications of inspectors. Powers. Assignment of inspectors. The inspectors a|i]iointo(l by the state commissioner of horticulture of California, as in section seven hereof provided, shall be citizens of the United States, and of the state of California, not less than twenty-one years of age, shall be skilled in the inspection of apples, and have a tliorough knowledge of insect pests and diseases commonly preying upon such fruits; they shall have jiower to enter and to inspect every place within the state of California where api)Ie8 are produced, packed, shipped, 727 FRUIT. Act 1275a, §§ 10-13 delivered for shipment, offered for sale or sold, and to inspect all such places and apples and apple containers, found in any such place; and shall perform such other duties as may be prescribed by the state com- missioner of horticulture of California, or by law. The said commissioner shall assign such inspectors to such territory, within the state, as he may see fit; provided, that when the stamps pur- chased for any year by packers in any town, city or district, shall yield a sum of money sufficient to pay the expense thereof, such commissioner shall assign one inspector or more for special duty in such town, city or district, during the packing season of that year, or for a longer period, if deemed to be necessary; and provided, further, that in the discretion of said horticultural commissioner, he may refuse to permit inspection of fruit at the place where same is being packed if packed by any per- son, firm, compan}', organization or corporation who shall not make use of the stamps hereinabove provided for upon the packages of "California Fancy," "B" and "C" grade apples packed by him or it. § 10. Repacking. No container to or on which is attached any such stamp or on which shall appear the designation of grade as "Cali- fornia Fancy," "B" grade or "C" grade, shall be used as the container of any apples, other than those . originally packed therein, until such stamp or grade designation has been removed; provided, that when apples are repacked, without the addition of new stock, other than stock of the same grade and from the same lot of which the package or pack- ages repacked is or are a i>art, the same containers may be used without removing the stamps or grade designations. § 11. Refusal to permit inspectors to enter. No person, firm, com- pany, organization or corporation, shall refuse to permit the state com- missioner of horticulture of California, or any of his duly appointed deputies, or any inspector duly appointed by said commissioner under the provisions of this act, to enter or to inspect any place within the state of California where apples are produced, packed, shipped, delivered for shipment, offered for sale or sold, or to inspect such places, or any apples or apple containers or any equipment found there. § 12. Penalty. Any person, firm, company, organization or corpora- tion, who shall violate any of the provisions of this act shall be punish- able by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. § 13. Apples packed, shipped, etc., in violation of law, nuisance. Any apples packed, shipped, delivered for shipment, offered for sale or sold, in violation of any of the provisions of this act, and the contain- ers in which they may be, shall be deemed to be a public nuisance, may be seized by said commissioner of horticulture, or his deputy, or by any inspector appointed under the provisions of this act, or by any county horticultural commissioner or his deputy, and by order of the superior court of the county or city and county within which the same may be found, shall be condemned and destroyed or released upon such conditions as the court in its discretion may impose to insure that they Act 1275a, §§ 14-17 general LxVws. 728 will not be packed, shipped, delivered for shipmeut, offered for sale or sold in violation of any of the provisions of this act. § 14. Guaranty, rorm of guaranty. No person, firm, company, or- ganization or corporation, shall be convicted of a violation of any pro- vision of this act, if he shall establish a guaranty, signed by the per- son, firm, company, organization, or corporation, residing or lawfully engaged in business in the state of California, by or for whom the apples in question were originally packed, or repacked, to the effect that the apples, container, brand and label in question comply in all respects with the provisions of this act, and in addition, shall establish that the same are in substantially the same condition, in every respect, as they were when they were delivered out of the possession of such packer, and that the accused was not aware that such ai^ples, container, brand or label, were or was in any respect in violation of any provision of this act. The signature to such guaranty may be printed, when done by the authority of the signer. To afford protection, such guaranty, in form and substance, must be substantially as follows: "The undersigned guarantees that (this box or other package of ap- ples or the boxes or other packages of apples mentioned in this, or the attached invoice, are all boxes or other packages of apj^les packed or repacked by the undersigned), comply, in all respects with the standard apple act of 1917. (Signature of the packer, with statement as to whether packer is firm, company, organization or corporation and busi- ness address.)" Where the guaranty is used on each separate box, it may consist of the legend, "guaranteed by the packer, under the standard apple act of 1917," printed, stamped or written on the labeled or branded end of the package. § 15. Duty of district attorney. It shall be the duty of the district attorney of the county, or city and county, in which any violation of this act may occur, to prosecute the person, firm, company, organization or corporation accused of such violation, and also^ at the request of the state commissioner of horticulture, or any one of his deputies, to insti- tute and prosecute such actions for condemnation as may be authorized under the provisions of this act. §16. Effect on foods and liriuors act. No ai-t which is made un- lawful by any provision of an act of the legislature of the state of California, entitled, "An act lor preventing the manufacture, sale or transportation of adulterated, mislabeled or misbranded foods and liquors and regulating the traffic therein, providing penalties, estab- lishing a state laboratory for foods, liquors and drugs and making an appropriation therefor," approved March 11, 1907, or any amendment thereto, shall be deemed l-'uvlul by reason of any provision of this act; nor shall this act be const rued in ;iny respect to limit the powers of {he state board of lienlth. §17. Appropriation. Thr sum of live lliousaiul dollars ($.1,UUU) is iMicl.v :ipprroixmate number of peaches in the box, which shall be within four peaches of the true count. When the fresh fruits mentioned in this section are packed in con- tainers known to the trade as "lug" boxes, the provisions of this section aj>pertaiiiing to variety, numerical count and marking shall not apply. § 8a. Table grapes. 'I'!i})le grajies, when pacl-ed, shall be of practi- cally uniform quality and shall 1)0 well matured and show a sugar con- tent of not less than seventeen per cent Balling scale, except Emperor, 731 J^RUiT. Act 1275b, §§8b-10 Gros Coleman and Cornichon, which shall show not less than sixteen per cent Balling scale. Each crate or package except subcontainers shall be stamped in plain letters with the name of the variety of grapes therein. Each container, or subcontainer, shall be stamj^ed in plain fig- ures and letters upon one end with a minimum net weight, and no con- tainer or subcontainer shall contain less than the mimimum stamped thereon. Irregular containers in addition thereto, shall be plainly marked "irregular" and have the actual gross weight stamped thereon. § 8b. Standard containers for table grapes. "Irregular containers." The standard containers for table grapes when packed shall be: 1. Standard crate, which after packing when measured at the end, shall not exceed five inches between the top and bottom and when measured in the center shall not exceed five and three-fourths inches between the top and bottom and containing a minimum net weight of not less than twenty-four pounds. 2. Double crates containing a minimum net weight of not less than forty-eight pounds. 3. One-half crates containing a minimum net weight of not less than twelve pounds. 4. Thirty pound lugs containing a minimum net weight of not less than twenty pounds. 5. Forty pound lugs containing a minimum net weight of not less than thirty-two pounds. 6. Fifty pound lugs containing a minimum net weight of not less than forty-two pounds. 7. Williams lugs containing a minimum net weight of not less than twenty-four pounds. 8. Kegs or drums packed with sawdust or other preserving material, containing a minimum net weight of not less than twenty-nine pounds and a maximum net weight of not more than thirty-five pounds. 9. All other containers of table grapes shall be "irregular" containers. § 9. Standard container for berries. The standard container for ber- ries shall be: Dry quart containing an interior capacity of sixty-seven and two-tenths cubic inches, or dry pint containing an interior capacity of thirty-three and six-tenths cubic inches, or dry one-half pint contain- ing an interior capacity of sixteen and eight-tenths cubic inches, or baskets four and one-half by four and one-half by two and one-fourth in depth, or baskets four and one-half by four and one-half by two in depth, or baskets four and one-half by four and one-half by one and three-eighths in depth; all measurements are in inches or fractions thereof. All other sizes shall be marked "irregular." When packed, the berries in any container or subcontainer shall be practically uniform throughout the container, or subcontainer, in quality, color and maturity. Irregular containers shall be marked "irregular." § 10. Cantaloupes. Cantaloupes packed in containers as follows shall be known as standard packed: Standard crates twelve by twelve by twenty-two and one-half iuches containing forty-five or thirty-six cantaloupes; Act 1275b, §§ lla-12 general laws. 732 Pony crates eleven by eleven by tvrenty-two and one-half inelies con- taining forty-five or fifty-four cantaloupes; Jumbo crates thirteen by thirteen by twenty-two and one-half inches containing thirty-six or forty-five cantaloupes; Standard flats four by twelve by twenty-two and one-half inches con- taining twelve or fifteen cantaloupes; Jumbo flats four and one-half by thirteen and one-half by twenty-two and one-half inches containing twelve or fifteen cantaloupes. All measurements herein to be inside measurements without distention. All other sizes of containers when packed shall be marked "irregular." All standard packs shall be marked "standard." All containers when packed shall have the number of cantaloupes contained therein stamped in plain figures on the label end of the crates with figures not less than one-half inch high. All cantaloupes when packed shall be fully netted of uniform size, firm and mature, free from bruises and practically free from aphis honey dew and other defects. § 11a. Sale of immature or frozen citrus fruits. It shall be unlawful for anyone to sell, offer for sale, ship or deliver for shipment any citrus fruits, which are immature or frozen to the extent of injuring the repu- tation of the citrus industry of the state of California if shipped, and for anyone to receive any such citrus fruits under a contract of sale, or for the purpose of sale, or for shipment, or for delivery for shipment; provided, however, that nothing in this section contained shall be con- strued to prevent the sale or shipment for sale of frozen or otherwise defective fruit to a by-product factory, or the manufacture thereof into citrus by-products; nor shall this section apply to the sale, or contract for sale, of citrus fruits on the trees, nor shall it apply to common car- riers or their agents who are not interested in such fruits and are merely receiving the same for transportation. § lib. Matured oranges. An orange shall be deemed properly ma- tured for sale, or to be offered for sale, for shipment or to be offered for shipment, under the provisions of this act, either when the juice contains soluble solids equal to, or in excess of, eight parts to every part of acid contained in the juice, the acidity of the juice to be cal- culated as citric acid without water of crystallization, or when the orange is substantially colored on the tree. The foregoing provisions shall not apply to shipments of oranges to foreign countries other than the Domin- ion of Canada, during any season, provided such shipments are made after the first day of November. § 12. Name marked on containers. All containers of fruit of a kind specified in this act, except subcontaincrs, when packed and offered for i^ale, shall bear upon them in plain sight and in plain letters on the outside thereof, the name of tlie orchard where the same was produced, wilh the postoflicc address thereof, or the name and postoffice address of the person, firm, company or corporation, or organization who shall have first packed or authorized the packing of the same, or the name under which such packer shall be ciiganeil in business, together with the postoffice address of such packer. 733 FRUIT. Act 1275b, §§ 13-16 § 13. Office of "inspector of fresh fruits" created. "Inspectors in chief of fresh fruits." The oflice of "inspector of fresh fruits" is hereby created for each and every county in the state. The horticultural com- missioner of each county, and all deputy horticultural commissioners shall be ex-officio inspectors of fresh fruits thereof, and the district in- spectors under each county horticultural commissioner are exofiicio "deputy inspectors of fresh fruits" in their respective districts. The board of supervisors shall appoint as many deputy "inspectors of fresh fruits" as are necessary to carry out the provisions of this act. Their term of office shall be for such time as is deemed necessary by said board of supervisors. For the purpose of creating and securing unit}' in inspection, the offices of "inspectors in chief of fresh fruits" are hereby created, and the state commissioner of horticulture and his chief deputy, for the purposes of this act, are hereby made ex-officio such inspectors in chief and shall, where there is a dispute or difference between the inspectors of fresh fruits of two or more counties, or where the inter- pretation of inspection standards between two or more counties differs materially, have the power and authority to settle the dispute between the inspectors of fresh fruit of such counties and to fix reasonable standards between such counties where they materially differ. § 14. Appointment when no commissioner of horticulture. If in any county or city and county of this state, there is no commissioner of horticulture, it shall be the duty of the board of supervisors thereof to . appoint an inspector of fresh fruits and such deputy inspectors of fresh fruits as the said board of supervisors shall deem necessary. Such in- spectors and deputy inspectors of fresh fruits shall be appointed to serve for such time during each year as fresh fruits are being packed or shipped in said county or city and county. The salary of an ispector of fresh fruits shall be five dollars per day and necessary traveling ex- penses. The salary of a deputy inspector of fresh fruits shall be three dollars and fifty cents per day and necessary traveling expenses. § 15. Deputy state commissioner of horticulture assigned, when. In case the board of supervisors of any county, or city and county, shall fail or neglect, for thirty days after receipt of a written request from the state commissioner of horticulture, to appoint an inspector of fresh fruits, or necessary deputy inspectors of fresh fruits for such county, or city and county, then the said state commissioner of horticulture shall forthwith assign to said county, or city and county, one or more deputy state commissioners of horticulture, as he shall deem necessary, and such deputy or deputies shall perform all of the duties, within the said county or city and county to which assigned, as is provided in this act to be performed by an inspector of fresh fruits. The actual cost of services rendered by an inspector or deputy inspector, as the case may be, of fresh fruits, assigned to any county in pursuance hereof, together with his necessary traveling expenses shall be a county charge and shall be paid in the same manner in which other claims against the county are paid. I ":^|*«' § 16. Removal. Vacancy. The board of supervisors shall remove any inspector of fresh fruits and the inspector of fresh fruits shall remove Act 1275b, §§ 17a-19 general laws. 734 any deputy iiopn proper showing of neglect of duty, malfeasance in office, or general unfitness for office. W'iienever a vacancy in the office of inspector of fresh fruits or depupty inspector of fresh fruits occurs, the vacancy shall immediately be filled by the appointing power. § 17a. Power of inspector. Every inspector of fresh fruits and every deputy inspector of fresh fruits shall have power to enter and to inspect every place within the county for which he has been apfjointed where any fruit mentioned in this act is produced, packed, shipped, delivered for shipment, offered for sale or sold, and to inspect such places and all such fruits and the containers thereof and the equipment found in any such, places. § 17b. Duty of inspector. It shall be the duty of the inspectors or deputy inspectors of fresh fruit in their respective districts to enforce the provisions of this act and to cause the prosecution of any person, firm, corporation or organization, whom they know or have reason to believe is guilty of the violation of its provisions. § 17c. Inspectors have powers of peace officers. An inspector or dep- uty inspector of fresh fruits in the performance of their duties shall have the same powers as are possessed by peace officers of the city, county or state and shall have the right while exercising such police powers to seize and hold as evidence such amount of any pack, load, consign- ment or shipment of fresh fruit packed in violation of this act, as may in his judgment be necessary to secure the conviction of the party he knows or believes has violated or is violating this act. § 17d. Duty of district attorney. It shall be the duty of the district attorney of each and every county in the state to prosecute all persons charged with any violation of this act. § 18. Lawful to refuse shipments in violation of act. It shall be law- ful for any fresh fruit forwarding person, firm, corporation or organiza- tion and for any common carrier to decline to accept for shipment or transportation and to decline to ship or transport any fresh fruits which upon inspection are found to be packed in violation of the provisions of this act, and any such fruit forwarder or common carrier may reserve the right in any receipt, bill of lading or other writing given to the con- signor, thereof, to reject for shipment and to return to such consignor or hold at the expense and risk of the latter, all fresh fruits which upon inspection are found to be packed in violation of the provisions of this act. § 19. Penalty for violation. No person, firm, corporation, company or organization shall pack or cause to be packed for sale, or shipment, or shall ship or sell or offer for sale fruit which, or the container or sub- tontainer in which, the same shall be contained, shall in any respect fail to comply with the requirements of this act. .\ny person, firm, corporation, company or organization who shall violate Iho provisions of this act shall be deemed to be guilty of a mis- demeanor. 735 GAME LAWS. Acts 1295b, 1295d, § 1 §20. Conflicting laws. All laws in conflict .with this act or any part thereof arc hereby rejjealed only in so far as they may conflict with any of the provisions of this act. § 21. Constitutionality. If any section, subsection, sentence, clause, or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause, or phrase thereof, irre- spective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. TITLE 209. GAME LAWS. ACT 1295b. An act to divide the state of California into fish and game districts and to repeal an act entitled "An act to divide the state of California into six fish and game districts," approved March 21, 1911, and all acts or parts of acts inconsistent herewith. [Approved May 19, 1915. Stats. 1915, p. 589.] Repealed 1917; Stats. 1917, p. 1047. See post, Act 1295d. ACT 1295d. An act to divide the state of California into fish and game districts and to repeal an act entitled "An act to divide the state of California into fish and game districts and to repeal an act entitled 'An act to divide the state of California into six fish and game districts,' ap- proved March 21, 1911, and all acts or parts of acts inconsistent herewith," approved May 19, 1915. [Approved May 28, 1917. In effect July 27, 1917.] § 1. State divided into fish and game districts. The state of Cali- fornia is hereby divided into fish and game districts to be known and designated as: Fish and game district one, fish and game district one "A," fish and game district one "B," fish and game district one "C," fish and game district one "D," fish and game district one "E," fish and game district one "F," fish and game district one "G," fish and game district one "H," fish and game district one "I," fish and game district one "J," fish and game district one "K," fish and game district one "L," fish and game district two, fish and game district two "A," fish and game district three, fish and game district three "A," fish and game district three "B," fish and game district three "C," fish and game district three "D," fish and game district four, fish and game district four "A," fish and game district four "B," fish and game district four "C," fish and game district four "D," fish and game district four "E," fish and game district four "F," fish and game district five, fish and game district six, fish and game district seven, fish and game district seven "A," fish and game district eight, fish and game district nine, fish and game district ten, fish and game district eleven, fish and game district twelve, fish and game district Act 1295d, §§ 2, 3 general laws. 736 twelve "A," fish and game district twelve "B," fish and game district thirteen, fish and game district fourteen, fish and game district fifteen, fish and game district sixteen, fish and game district seventeen, fish and game district eighteen, fish and game district nineteen, fish and game district twenty, fish and game district twenty "A," fish and game dis- trict, twenty-one, fish and game district twenty-two, fish and game dis- trict twenty-three, fish and game district twenty-four, fish and game dis- trict twenty-five, and fish and game district twenty-six. § 2. One. Fisli and game district one shall consist of and include the following counties: Yuba, Calaveras, Tuolumne, Mariposa, Madera and Kings and those portions of Del Norte county not included in fish ami game districts five and six; those portions of Siskiyou county not in- cluded in fish and game district one "A"; those portions of Modoc county not included in fish and game districts one "B" and one "C"; those por- tions of Humboldt county not included in fish and game districts six, seven, seven "A," eight and nine; those portions of Trinity county not included in fish and game district one "B"; those portions of Shasta county not included in fish and game district one "E"; those portions of Lassen county not included in fish and game districts one "F" and twenty- five; those portions of Tehama county not included in fish and game dis- tricts one "G" and twelve "A"; those portions of Plumas county not in- cluded in fish and game districts one "H" and twenty-five; those portions of Butte county not included in fish and game districts twelve "A" and twelve "B"; those portions of Sutter county not included in fish and game district twelve "B"; those portions of Sierra and Nevada counties not included in fish and game district twenty-three; those portions of Placer county not included in fish and game district twenty-three; those portions of El Dorado county not included in fish and game districts one "I" and twenty-three; those portions of Sacramento county not included in fish and game district twelve "B"; those portions of Amador county not included in fish and game districts one "J" and twenty-four; those portions of Alpine county not included in fish and game districts one "J" and twentj'^-four; those portions of San Joaquin county lying east and north of the east or right-hand bank of San Joaquin river and not included in fish and game districts three and twelve "B"; those portions of Stanislaus county lying east of the west bank of the San Joaquin river; those portions of Merced county lying east of the west bank of the San .Joaquin river; those portions of Fresno county lying east of the west bank of Fresno slough, Fish slough and Summit lake not included in fish and game districts one "K" and twenty-six; tliose portions of Kern county lying oast of the west bank of Bull slough and the west and south banks of Buena Vista lake to the southeast corner of said lake and lying north of a line extended from this point directly east and intersecting the Tejon state highway and lying east of the said state highway from the above-mentioned point of intersection to where the said state high- way crosses the northern boundary line of Los Angeles county, not in- clu "!>." §3. One "A." Fisli ;iiil ^mihc district one "A"' shall consist of and include all of .sections tliirl.ccn 1o tliirty six, inclusive, township forty- 737 GAAJE LAWS. Act 1295d, i;^ -t-ii seven north, raii^e uine west; all of sections one to six, inclusive, town- ship forty-six north, range nine west; all those portions of sections seven to thirteen, inclusive, township forty-six north, range nine west; lying north of and including the waters of the Klamath river in the said sec- tions, all lying within the county of Siskiyou. §4. One "B." Fish and game district one "B" shall consist of and include all lands within the county of Modoc lying within the following boundaries: Starting at a point where Boles creek crosses the national forest boundary in section twenty-nine, township forty-six north, range nine east; thence along said Boles creek to a point where the creek crosses the section line between sections nine and ten, township forty- five north, range nine east; thence due south to where the Deer hill and Canby wagon road crosses the section line between sections thirty-three and thirty-four, township forty-three north, range nine east; thence in a northwesterly direction along said wagon road to where it crosses the national forest boundary; thence along said boundary to ])lace of begin- ning. §5. One "C." Fish and game district one "C" sluill consist of and include all lands within the i-onnty of Modoc within the following boundaries: Beginning at the Jiorthwest corner of section three, town- ship forty-one north, range fourteen east; thence in a southeasterly direc- tion along the summit of the main ridge between Shield's creek and Pine creek to the summit of the Warner mountains to the north of Warner peak (Buck Mt.) in section eleven, township forty-one north, range fif- teen east; thence in a southerly direction along the summit of the War- ner mountains to the first peak south of Pine creek basin, near the quarter section corner between sections thirty-five and thirty-six, town- ship forty-one north, range fifteen east; thence in a westerly direction along the main ridge south of the north fork of Fitzhugh creek to the national forest boundary in section thirty-three, township forty-one north, range fourteen east; thence along said boundary to place of beginning. §6. One "D." Fish and game district one "D" shall consist of and include that certain territory embraced in the Trinity national forest, more particularly described as follows, to wit: (a) Sections nineteen, thirty, thirty-one and thirty-two of township thirty-four north, range eleven west; sections five, six, seven, eight, seventeen, eighteen, nineteen, twenty, thirty, and thirty-one of township thirty-three north, range eleven west; sections one, two, three, four, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, twenty-one, twenty-two, twenty-three, twentj'-four, twenty-five, twenty-six, twenty- seven, twenty-eight, thirty-three, thirty-four, thirty-five, thirty-six of township thirty-four north, range twelve west; sections one, two, three, four, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, nine- teen, twenty, twenty-one, twenty-two, twenty-thjee, twenty-four, twenty- five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty- one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six of town- ship thirty-three north, range twelve west; sections one, two, three, four. 47 Actl295d, §§7-9 general laws. 738 five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-nine and thirty of township thirty-two north, range twelve west; all in Mount Diablo base and meridian in the state of California; and (b) Sections twenty-eight, thirty-one, thirty-two, thirty-three of town- ship four north, range eight east; and sections four, five, six, seven, eight, nine, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty- eight, twenty-nine, thirty, thirty-two, thirty-three, towship three north, range eight east; all in Humboldt base and meridian in the state of California. §7. One "E." Fish and game district one "E" shall consist of and include all lauds lying within the county of Shasta within the following boundaries: Beginning at a point on the McCloud river where the town- ship line between townships thirty-six and thirty-seven north, range three west, crosses the McCloud river; thence in a southerly direction following the east bank of said river to the point where the ridge north of Mathless creek meets the McCloud river; thence in an easterly direc- tion along the summit of said ridge and along the summit of the ridge dividing the Salt creek drainage area from the Nasoni creek drainage area; thence along the summit of the ridge dividing the Salt creek drain- age area and the north fork of Squaw creek to Squaw creek; thence northerly along the west bank of said creek to the point where the town- ship line between townships thirty-six and thirty-seven north, range two west, crosses the said creek; thence due west along the said township line and along the township line between townships thirty-six and thirty- seven north, range three west, to the point of beginning. § 8. One "F." Fish and game district one "F" shall consist of and Include all lands "within the county of Lassen within the following bound- aries: Comprising an area including all of townships thirty-two and thirty-three north, range ten east, and all of that portion of township thirty-two north, range eleven east, falling on the west side of Eagle lake.^ § 9. One "G." Fisli and game di^^trict one "G" shall consist of and include all lands within the county of Tehama within the following boundaries: Commencing at a point in section eighteen, township twenty- five north, range two east, where Deer creek intersects the range line between ranges two and three east and running thence north along the range line between ranges one and two east, allowing for proper offsets and corrections, to the northeast corner of section thirty-six, township twenty-seven north, range one east; thence west to a point where Mill creek intersects the national forest boundary; thence in a northeasterly direction along the main channel of Mill creek to a point where the said creek crosses tiie range line between ranges two and three east; thence south along the range line between ranges two and three east, to the southeast corner of section twenty-five, township twenty-seven north, range two east; thence west to the southwest corner of said section twenty-five; thence south to tlie southeast corner of section thirty-five, township twenty-seven nortli, range two cast; thence east along town- 739 GAME LAWS. Act 1295(1, §§ 1 0-12 ship line to a poiut where Deer creek intersects the township line be- tween township twenty-six north and township twenty-seven north; thence in a southwesterly direction along the main channel of Deer creek to the point of beginning. § 10. One "H." Fish and game district one "H" shall consist of and include all lands within the county of Plumas within the following bound- aries: Beginning at the confluence of Willow creek with the Feather river below Hartman bar; thence northerly along Willow creek to where the Claremont stock driveway crosses the head of this stream; thence in an easterly direction along the Claremont stock ariveway to Clare- mont peak; thence south along the summit of the ridge to the middle fork of the Feather river; thence southwesterly along the Feather river to the point of beginning. § 11. One "I." Fish and game district one "I" shall consist of and include all lands within the county of El Dorado within the following boundaries: Commencing at the junction of the North fork of the Middle fork of the American river, and the Middle fork of the American river; thence northeasterly up the North fork of the Middle fork to Grouse creek; thence northeasterly up main Grouse creek to its intersection with the township line between townships fifteen north and fourteen north, range thirteen east; thence easterly along said township line to the township corner of township fifteen north, ranges thirteen and fourteen east; thence south along range line between township fourteen north, ranges thirteen and fourteen east to the corner of sections twelve and thirteen, township fourteen north, range thirteen east and sections seven and eighteen, township fourteen north, range fourteen east; thence easterly along line between sections seven and eighteen, sections eight and seventeen to the Big Meadow trail; thence southerly along said Big Meadow trail to the line between sections twenty and twenty-nine, township fourteen north, range fourteen east; thence east along said section line to the Rubicon river; thence southwesterly down the Rubi- con river to intersection of the line between sections six and seven, town- ship thirteen north, range fourteen east; thence west along said section line to range line between township thirteen north, ranges thirteen east and fourteen east; thence west along line between sections one and twelve, township thirteen north, range thirteen east to Wallace canyon creek; thence southwesterly down W^allace canyon creek to its confluence with Long canyon; thence westerly down Long canyon to its confluence with the Rubicon river; thence westerly down said river to its con- fluence with the Middle fork of tlie American river; thence down said river to place of beginning. § 12. One "J."' Fish and game district one "J" shall consist of and include all lands within the counties of Amador and Alpine within the following boundaries: Commencing at a point between sections thirteen and eighteen, township eight north, range fourteen and fifteen east, where the Alpine state highway enters section eighteen, township eight north, range fifteen east; thence northeasterly along the south side of said Alpine highway right of way to the corner of townships eight and Act 1295d, §§ 13-16 general laws. 740 nine north, ranges fifteen and sixteen east; thence east along line be- tween townships fight and nine north, range sixteen east; thence east along line between townships eight and nine north, range seventeen east, to the intersection of Cedar Camp trail; thence southerly along Cedar Camp trail to intersection of said Cedar Camp trail with the Mokelumne river; thence down the north bank of the Mokelumne river in a southwesterly direction to the intersection of range line between township seven north, ranges fourteen and fifteen east; thence north along range line between township eight north, ranges fourteen and fifteen east to the intersection of Alpine state highway to the place of beginning. § 13. One "K." Fish and game district one "K" shalll consist of and include all lands in the county of Fresno within the following boundaries: Beginning at the confluence of the north fork of Kings river; and the mid- dle fork of Kings river; thence easterly along the summit of the divide separating the drainage area of the north fork of Kings river from the drainage area of the middle fork of Kings river to Spanish mountain; thence southeasterly along the summit of Tombstone ridge, which separ- ates the drainage area of Crown creek from that of Tombstone creek, to the middle fork of Kings river; thence westerly along the north bank of the middle fork of Kings river to the point of beginning. § 14, One "L." Fish and game district one "Ij" shall consist of and include the area composing the watershed of Chimney cre^k north of the Sequoia national forest boundary and all of the watershed of Long valley; all lying within the counties of Tulare and Kern. § 15. Two. Fish and game district two shall consist of and include all those portions of Mendocino county not included in fish and game districts ten and two "A"; all those portions of Glenn county not in- cluded in fish and game districts two "A" and twelve "A"; all those portions of Lake county not included in fish and game district two "A"; all those portions of Colusa county not included in fish and game districts twelve "A" and twelve "B"; all those portions of Yolo county not in- cluded in fish and game district twelve "B"; all those portions of Solano county not included in fish and game districts twelve and twelve "B"; all those portions of Napa county not included in fish and game district twelve; all those portions of Sonoma county not included in fish and game districts ten and twelve; all those portions of Marin county not included in fish and game districts ten, eleven and twelve. § 16. Two "A." Fish and game district two "A" shall consist of and include all lands lying within the following boundaries, located in counties of Mendocino, Lake and Glenn: Beginning at the summit of Hull iiiountaiii in Mendocino county, in the southwest corner of section two, towusiiijt irnicleen north, range ten west; thence in a northeasterly direction down 11 nil creek (sometimes known as Red Rock creek) to its junction with Sand creek, thence southeasterly down Sand creek to its junction with (Jorbin creek, thence in an easterly direction up Corbin creek to section thirty-six, township twenty north, range eight west, thence in a southerly direction up a ravine to the Sheetiron-Elk Creek road on the summit of the Coast Range mountains in section twelve, 741 GAME LAWS. Act 1295d, §§ 17, 18 township nineteen north, range eight west, thence southwesterly along the road and summit over Sheetiron mountain to Low gap, where the Bloody Rock trail crosses the summit in section twenty-seven, township nineteen north, range eight west, thence in a westerly direction down the Bloody Bock trail and Cold creek to South Eel river in section twenty-six, township nineteen north, range nine west, thence down the river to the mouth of a ravine in the southeast quarter of section twenty- seven, township nineteen north, range nine west, thence in a north- westerly direction up the ravine through sections twenty-seven and twenty-eight to the summit of Board man ridge thence in a northwesterly direction up Boardman ridge to the summit of Hull mountain. § 17. Three. Fish and game district three shall consist of and include those portions of Contra Costa county not included in fish and game dis- tricts twelve and twelve "B"; those portions of San Joaquin county not included in fish and game districts one and twelve "B"; those portions of Alameda county not included in fish and game districts twelve and thirteen; those portions of San Francisco county not included in fish and game districts ten, eleven, twelve and thirteen; those portions of San Mateo county not included in fish and game districts ten and thirteen; those portions of Santa Clara county not included in fish and game district thirteen; those portions of Santa Cruz county not included in fish and game districts three "A," ten, fourteen, fifteen and seventeen; those portions of San Benito county not included in fish and game dis- trict three "B"; those portions of Monterey county not included in fish and game districts sixteen, seventeen and eighteen; those portions of San Luis Obispo county not included in fish and game district eighteen; those portions of Santa Barbara county not included in fish and game districts three "C" and nineteen; those portions of Ventura county not included in fish and game districts three "D" and nineteen; those por- tions of Stanislaus county not included in fish and game district one; those portions of Merced county not included in fish and game district one; those portions of Fresno county not included in fish and game districts one, one "K" and twenty-six; those portions of Kern county not included in fish and game districts one and one "L." § 18. Three "A." Fish and game district three "A" shall consist of and include that certain territory embraced in California Redwood Park, Santa Cruz county, commonly known as the "Big Basin," and more par- ticularly described as follows, to wit: The east half and the east half of the west half of section one, the north half of the northeast quarter and the northeast quarter of the north- west quarter of section twelve, all in township nine south, range four west; the west half of section four, all of sections five and six, the north half of the northwest quarter, the northeast quarter, the east half of the southeast quarter of section seven, the north half, the southwest quarter, the north half of the southeast quarter and the southwest quarter of the southeast quarter of section eight, the north half of the northwest quarter, the southwest quarter of the northwest quarter and the north- west quarter of the southwest quarter of section nine, all in township nine south, range three west; all that portion of the southwest quarter Act 1295d, §§ 19-22 general laws. 742 of section twenty-eight lying south and west of the road known as the "China grade," all that portion of the east half of section twenty-nine lying south and west of said "China grade," the east half of section thirty-two, the southwest quarter and that portion of the northwest quarter of section thirty-three lying south of said "China grade," all in township eight south, range three west; all townships and ranges men- tioned herein being referred to Mount Diablo base line and meridian. § 19. Three "B." Fish and game district three "B" shall consist of and include those certain lands within the counties of San Benito and Monterey embraced within the Pinnacles National Monument, and more particularly described as follows, to wit: All of sections twenty to twenty-nine, inclusive, all of sections thirty-three, thirty-four and thirty- five and the west half of section thirty-six of township sixteen south, range seven east; the west half of section one, all of sections two and three, the east half of section four, the east half of section nine, all of sections ten and eleven, the west half of section twelve, the west half of section thirteen and all of sections fourteen and fifteen of township seventeen south, range seven east. All townships and ranges mentioned herein being referred to Mount Diablo base and meridian. § 20. Three "C." Pish and game district three "C" shall consist of aud include all lands within the county of Santa Barbara within the fol- lowing boundaries: Beginning at the summit of Mission Pine mountain, running thence northwest to the head of Mazana creek; thence along the north bank of said creek to its junction with the Sisquoc river; thence in an easterly direction along the south bank of the Sisquoc river to the junction of the south fork of the Sisquoc; thence along the west bank of the south fork of Sisquoc river to the point of beginning. § 21. Three "D." Pish and game district three "D" shall consist of and include all lands lying within the county of Ventura within the following boundaries: Beginning at the corner common to townships four and five north, ranges nineteen and twenty west, San Bernardino meridian, running thence west with the line of townships four and five north, to the summit of the divide between the watershed of Sespe creek and Santa Paula creek; thence westerly along the summit of the divide south of Sespe river to Ortega hill at the head of upper north fork of Matilija creek and Cherry creek; thence down Cherry creek along the Cuyama trail to Sespe river; thence up the Sespe river and Adobe Springs canyon along the Cuyama trail to the summit of Pine mountain; thence easterly following the summit of tlie Pine Mountain divide to a point on Alamo mountain due norlli of llic point of beginning; thence south to point of ])('ginning. §22. Four. Fisii and game disfrirt four shall consist of and include the counties of Mono and Inyo and all those portions of Los Angeles I'ounty not includcMl in fish find game districts four "B," four "F," ninc- Iccn, twenfy ;ind twenty "A"; all those portions of San Bernardino county not imlinliMl in fish and game districts four "A," four "B," and twcnlv-two; ;ill those iiiiitions ot Oriingc county not inchidcd in fisli and 743 GAME LAWS. Act 1295d, §§ 23, 24 game districts four "C" and iiineteon; all those portions of Riverside county not included in fish and game districts four "C," four "D" and twenty-two; all those portions of San Diego county not included in fish and game districts_ f our "E," nineteen and twenty-one; all those portions of Imperial county not included in fish and game district twenty-two. § 23. Four "A." Fish and game district four "A" shall consist of and include a portion of the Angeles National Forest lying within the county of San Bernardino and more particularly described as follows, to wit: All that tract of land situate, lying and being within the following boundary: Beginning at a point in the Angeles forest reserve in San Bernardino county where the ravine of the Mohave river crosses the north line of township two north, range four west, thence due east along the township lines to a point where the ravine of Deep creek crosses such township line; thence easterly following the ravine of said Deep creek to a point marking the confluence of the ravines of Deep creek and Holcomb creek; thence east and north following the ravine of Holcomb creek to Holcomb valley; thence easterly along the public road to the junction thereof with a public road leading southeasterly to the Rose mine; thence following the aforesaid road to Rose mine in a southeasterly direction to a point where it crosses the east line of township two north range two east; thence soutH along the easterly lines of township two north range two east, township one north range two east and township one south range two east to the southeast quarter of township one south range two east; thence due west along the township line to the southwest corner of town- ship one south range one east; thence due north along the west line of township one south range one east to the ravine of Mill creek; thence west along the ravine of Mill creek to a point where Mill creek crosses the west line township one south range one west; thence north along the west line of township one south range one west and township one north range one west to the southeast corner of section twenty-four, township one north range two west; thence due west along the southerly line of sections twenty-four, twenty-three, twenty-two, twenty-one, twenty and nineteen of township one north range two west and the southerly line of sections twenty-four, twenty-three, twenty-two and twenty-one, town- ship one north range three west to the line of the Angeles forest reserve; thence in a general northwesterly direction to a point where the ravine of Devil's canyon crosses the said Angeles forest reserve line; thence northerly along the ravines of Devil's canyon and Sawpit canyon to the place of beginning, all of said described area being within the boundaries of the Angeles forest reserve. § 24. Four "B." Fish and game district four "B" shall consist of and include a part of the westerly portion of the Angeles National Forest lying within the counties of San Bernardino and Los Angeles and more particularly described as follows, to wit: Sections six to ten, inclusive, sections fifteen to twenty-two, inclusive, and sections twenty-seven to thirty-two, inclusive, of township two north, range seven west; sections seven, eighteen, nineteen, thirty and thirty-one of township three north, range seven west; sections one to twenty-two, inclusive, and those por- Act 1295d, §§ 25, 26 general laws. 744 tions of sections twenty-three and twenty-four within the Angeles Na- tional Forest, all in township one north, range eight west; all of town- ship two north, range eight west; sections seven to thirty-six, inclusive, of township three north, range eight west; sections one to twenty-four, inclusive, the west half of section twenty-five and all of sections twenty- six, twenty-seven, antl twenty-eight in township one north, range nine west; all of township two north, range nine west; sections seven to thirty-six, inclusive, in township three north, range nine west; sections one to eighteen, inclusive, those portions of sections nineteen, twenty, twenty-one and twenty-two within the Angeles National Forest and all of sections twenty-three and twenty-four of township one north, range ten west; all of township two north, range ten west; sections seven to thirty-six, inclusive, of township three north, range ten west; all of sections one to fourteen, inclusive, and those portions of sections fifteen, sixteen, seventeen, eighteen, twenty-two, twenty-three and twenty-four within the Angeles National Forset in township one north, range eleven west; all of township two north, range eleven west; that portion of sec- tion two lying south and west of a line drawn from the northwest corner to the southeast corner of said section, all of sections three to thirty-six, inclusive, in township three north, range eleven west; all of sections one and two and those portions of sections three, four, five, six, eleven, twelve and thirteen within the Angeles National Forest in town- ship one north, range twelve west; all of township two north, range twelve west; all of sections one to five, inclusive, those portions of sec- tions six and seven lying south and east of a line drawn from the north- east corner of section six to the southwest corner of section seven and all of sections eight to thirty-six, inclusive, in township three north, range twelve west; all of sections one to seventeen, inclusive, those por- tions of sections eighteen, twenty, twenty-one and twenty-two within the Angeles National Forest, all of sections twenty-three to twenty-six, inclusive, and those portions of sections twenty-seven, thirty-five and thirty-six within the Angeles National Forest in township two north, range thirteen west; all of sections thirteen to thirty-six, inclusive, in township three north, range thirteen west; sections one, two and three and those portions of sections ten, eleven, twelve and thirteen within the Angeles National Forest in township two north, range fourteen west. All townships and ranges meutionod heroin being referred to San Ber- nanliiio b;iso line and mevidiMii. §25. Four "C." I*'isli and j^anu' distric-t four "C" shall consist of ami iniludi' thai ccitaiii territory embraced within the Cleveland Na- tional Foif^l, more jia rt icularly described as follows, to wit: The east half of township five south, range seven west; all of township five south, range six west, except sections one, two, three, ten, eleven and twelve; all of township six south, range six west; the west half of township six south range five west; all of township seven south, range six west; the west one-half of townsliip scxcn south, range five west; all in San Ber- nardino V)ase and meridian, in the state of California. §26. Four "D." Fish and ganu' distiid tour "D" shall consist of ainl incbide all of townships six south. r;uigc li\e east; townshiji six 745 GAME LAWS. Act 1295d, §§ 27-32 south, range six east; and township seven south, range six east, ail lying within the eoiinty of Riverside. §27. Four "E." Pish and game district four "E" shall consist of and include all of sections twenty-seven to thirty-four, inclusive, town- ship fourteen south, range five east; all of township fifteen south, range five east; all of sections tliirteen, twenty-four, twenty-five, thirty-six, township fifteen south, range four east; all of sections five, six, seven, eight, township sixteen south, range six east; all of sections one to thir- teen inclusive, township sixteen south, range five east; all of sections one, two, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, twenty-one, twenty-two, twenty-three, twenty-four and the east half of sections three, seventeen, twenty and the northeast quarter of twenty-nine and the north half of sections twenty-five to twenty-eight, inclusive; township sixteen south, range four east; the west half of sections eighteen, nine- teen and the northwest quarter of section thirty, township sixteen south, range five east, all located within the county of San Diego. §28. Four "F." Fish and game district four "F" shall consist of and include all of townships eight and nine north, range fourteen west, lying within the county of Los Angeles. § 29. Five. Fish and game district five shall consist of and include the ocean water and the tide-lands of the state to high-water mark lying between the northern boundary of the state and a line extending west from the extreme westerly point of Point St. George in Del Norte county, and shall exclude all slougns, streams and lagoons in said county, except Smith river from its mouth to Bailey's riitle. § 30. Six. Fish and game district six shall consist of and include the ocean waters and the tide-lands of the state to high-water mark lying between a line extending west from the extreme westerly point of Point St. George, in Del Norte county, and a line extending due west from the extreme westerly point of Mussel point, in Humboldt county, and shall exclude all sloughs, streams and lagoons in said counties, except the Klamath river from its mouth to tlie mouth of McGarvey creek. §31. Seven. Fish and ^ianie district seven shall consist of and in- clude the ocean waters and the tide-lands of the state to high-water mark lying between a line extending due west from the extreme point of Mussel point, in Humboldt county, and the southern boundary of Hum- boldt county, and shall exclude the ocean waters between the north and the south jetties at the entrance to Humboldt bay from the westerly end of each of said jetties in the Pacific ocean to their respective aprons on the shores of Humboldt bay, and shall also exclude all sloughs, streams and lagoons, §32. Seven "A." Fish and game district seven "A" shall consist of and include the waters of Mad river from its mouth to Carson's bridge, the water of Eel river from it mouth to the east boundary line of town- ship three north, range two west, Humboldt base and meridian, and the w'aters of Salt river, a tributary of Eel river, as far up as the high tide- line. Act 1295d, §§ 33-37 general laws. 746 § 33. Eight, rish and game distiict eight shall c-onsist of and include the waters and tide-lands to high-water mark of Humboldt bay lying north of a straight line running east from the center of apron at the approach of the south jetty at the entrance of Humboldt bay to the east shore line of said bay and shall include the entrance of Humboldt bay not included in fish and game district seven and shall be exclusive of all rivers, streams and sloughs emptying into said bay. § 34. Nine. Fish and game distiict nine shall consist of and include the waters and tide-lands to high-water mark of Humboldt bay lying south of a straight line running east from the center of apron at the approach to the south jetty at the entrance of Humboldt bay to the east shore line of said bay, and shall be exclusive of all rivers, streams and sloughs emptying into said bay. § 35. Ten. Fish and game district ten shall consist of and include the ocean waters and the tide-lauds of the state to high-water mark lying between the south boundary of Humboldt county and a line extend- ing southwest from the extreme westerly point of Point Santa Cruz, in Santa Cruz county; and shall include the waters of Tomales bay, and shall be exclusive of all that portion of Bolinas bay lying inside of Bolinas bar, and of San Francisco bay lying east of a line drawn from Point Bonita to Point Lobos, and of all rivers, streams and lagoons. § 36. Eleven. Fish and game district eleven shall consist of and in- clude the waters and tide-lands of San Francisco and Richardson bays to high-water mark bounded as follows: Beginning at the extreme westerly point of Point Bonita, thence in a direct line to the extreme westerly point of Point Lobos, thence around the shore line of San Francisco bay to the extreme northerly point of Black point in San Francisco county, thence in a direct line to the extreme southerly point of Peninsula point in Marin county, thence westerly around the shore line of Eichardson and San Francisco bays to the point of beginning. § 37. Twelve. Fish and game distict twelve shall consist of and in- clude all waters and tide-lands of San Francisco bay to high-water mark not included in fish and game districts eleven and thirteen, the waters and tide-lands to high-water mark of San Leandro bay, Oak- land creek or estuary, San Antonio creek in Alameda county, Raccoon straits and San Pablo bay to a line drawn due south from the light- house station at the end of the jetty at the south entrance of Mare Island straits and all lands and waters included within the exterior boundaries of said fish and game district and excluding all tributary sloughs, creeks, bays, rivers and overflowed areas not specifically de- scribed herein. For the purposes of this act that portion of San Pablo bay lying northerly of a line drawn from the south side of the mouth of Novato creek to Midshipment point, the extreme southwesterly point of Tubbs island, shall be included in fish and game district number two; and that portion of San Pablo bay lying north of a line drawn due east from a point situated on the bay shore of Tubbs island, one and one-half miles measured southwesterly along the levee from the electric power-line tower situated on the west bank of Sonoma creek, shall be included in fish and game district number two. rj^rj GAME LAWS. Act 1295(3, §§ 38-44: §38. Twelve "A.'' Pish and game district twelve ''A" shall consist of and include all the waters of the Sacramento river flowing within the main channel between the bridge across said river at Colusa and the Vina ferry near the town of Vina, in Tehama county. § 39. Twelve "B." Fish and game district twelve "B" shall consist of and include all waters and tide-lands to high-water mark of the Mare Island straits from Carquinez straits to the boundary line between Napa and Solano counties, the Carquinez straits not included within fish and game district twelve, the waters and tide-lands to high-water mark of Suisun bay, all waters of the Sacramento river flowing within the main channel betw^een the mouth thereof and the bridge across said river at Colusa; the waters in the main channel of Steamboat slough and Sutter Slough; the waters of New York slough and Broad slough; all waters of the San Joaquin river flowing within the main channel thereof to the south boundary of San Joaquin county; all lands and. waters lying between the main channel of San Joaquin river from the place of confluence with Old river and the place of diversion of Middle river and the west and south banks if Old and Middle rivers and all lands and waters lying within the boundaries of said fish and game district and excluding all tributary sloughs, creeks, bays, rivers and overflow'ed areas not specifically described herein. § 40. Thirteen. Fish and game district thirteen shall consist of and include the waters and tide-lands to high-water mark of; San Francisco bay lying to the south of a line drawn between Point Avisadero and the northwest point of Bay Farm island, exclusive of all streams, sloughs and lagoons. §41. Fourteen. Fish and game district fourteen shall consist of and include the waters of Scotts creek, in Santa Cruz county, between its mouth and the mouth of Mill creek. §42, Fifteen. Fish and game district fifteen shall consist of and include the waters and tide-lands to high-water mark of that portion of Monterey bay lying to the north of a line drawn from the extreme westerly point of Point Santa Cruz to the extreme westerly point of Sequel point; and shall consist of and include the waters of the San Lorenzo river and its tributaries. § 43. Sixteen. Fish and game district sixteen shall consist of and include the waters and tide-lands to high-water mark of that portion of Monterey bay lying to the south of a line drawn from the extreme northerly point of Point Pinos in a straight line easterly to the eastern shore of Monterey bay to a point north of the town of Seaside, said point being marked by a permanent monument placed by the United States government surveyors, and designated as "i\I,onterey N. O. T. C. and G. S. Sta." §44. Seventeen. Fish and game district seventeen shall consist of and include the waters and tide-lands to high-water mark of Monterey bay and the Pacific ocean, lying between a line extending southwest Act 1295d, §§ 45-52 general laws. 748 from the extreme westerly point of Point Santa Cruz and a line extend- ing due west from the mouth of Carmel river, in Monterey county, and exclusive of the areas included in fish and game districts fifteen and sixteen, and exclusive of all rivers, creeks, sloughs and lagoons, empty- ing into the Pacific ocean and Monterey bay within the boundaries of this district. § 45. Eighteen. Fish and game district eighteen shall consist of and include the ocean waters and tide-lands to high-water mark of the state lying between a line extending due west from the mouth of Carmel river and the south boundary of San Luis Obispo county, and shall exclude all rivers, streams, sloughs and lagoons. §46. Nineteen. Fish and game district nineteen shall consist of and include the ocean waters and tide-lands to high-water mark of the state lying between the north boundary of Santa Barbara county and the southern boundary of Los Angeles county, and shall include all islands and adjacent waters belonging to the state of California and lying off the coast of southern California, south of a line extending due west into the Pacific Ocean from the north boundary of Santa Barbara county, exclusive of Santa Catalina island and state waters adjacent thereto; exclusive of all rivers, streams, lagoons and bays. § 47. Twenty. Fish and game district twenty shall consist of and include Catalina island and that portion of the state waters lying be- tween a line extending south from the southeasterly shore in line with the intersecting South East rock; thence around the east end to the north side of a line extending west from the extreme west end of said island. § 48. Twenty "A." Fish and game district twenty "A" shall con- sist of and include that portion of the state waters around Catalina islands not included in fish and game district twenty. § 49. Twenty-one. Fish and game district twenty-one shall consist of and include those waters and tide-lands to high-water mark of San Diego bay lying inside of a straight line drawn from Point Loma to the offshore end of the San Diego breakwater. §50. Twenty-two. Fish and game district twenty-two shall consist of and include the waters of Salton sea and the waters of the Colorado river. §51. Twenty-three. Fish and ^^ame district twenty-three shall con- sist of and include the waters of Lake Tuhoe and the Truckee river, and all streams flowing into said lake and river, and all lands within the drainage basin of said lake and river, lyijig within the state of California. %r)2. Twenty-four. Fish and game district twenty -four shall consist (,r and include the waters of Silvisr lake. Twin lakes, Blue lakes, Meadow lake and Wood lake and all streams flowing into said lakes and all lands lying within the be ^old for not less than par and accrued interest are hereby dcclareil lo be valid and legal obligations of such road divisions in accordance wath their terms, and no suit shall be main- tained to prevent the issuance, sale or delivery of a-ny such bonds or to prevent the j)ayment of p!iiiii|i;il or of the interest accruing thereon when siu'li jiriiicifial and interest, respectively, become due in accord- ance with the trims of such bonds, unless such suit is instituted within ninety days hmti the effective date of tliis act. 767 HIGHWAYS. Act 1449a, §§ 1, 2 ACT 1449a. An act to provide for the formation and establishment of boulevard districts; the construction, acquisition, maintenance, control and use of boulevards; defining the term boulevard; providing for the vot- ing, issuing and selling of bonds, and the levying of taxes- to pay for the acquisition, construction, maintenance and repair of such boulevard; providing for a boulevard commission to have charge of the affairs of boulevard districts, and the construction, maintenance and repair of boulevards, within sucli districts; providing for the election of such commission, their terms of office, and of elections to be held in such districts; and repealing an act entitled "An act to provide for the formation of boulevard districts, and the con- struction, maintenance, and use of boulevards, and defining the term boulevard," approved March 22, 1905, and the act amendatory thereof, apj^roved April 15, 1909. [Approved May 1, 1911. Stats. 191.1, p. 1425.] Amended Ex. Sess. 1911, p. 223; 1913, p. 394; 1917, p. 1299. The amendment of 1917 follows: § 1. Boulevard district formed. Any portion of a county not con- tained in a boulevard district under the provisions of this act, may be formed into a boulevard district, and when so formed shall be known and designated by the name and style of boulevard district (using the name of the district) of county (using the name of the county in which said district is located), and shall have the rights heroin enumerated, and such as may hereafter be conferred by law. § 2. Petition to board of supervisors. Bond filed. A petition for the formation of such boulevard district (naming 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 ten freeholders, owning land within the proposed district and shall contain: (1) The boundaries of the proposed district and an estimate of the number of inhabitants residing therein; (2) An estimate of the number of acres contained therein and the assessed value thereof and of the improvements thereon; (3) A request that an election be called within said district for the purpose of determining the question of the formation of said boulevard district, for the construction and maintenance of a boulevard or boule- vards therein under the provisions of this act. There shall be filed with said board of supervisors at the time of the filing of the petition for the organization of said boulevard district with said board, a bond in the sum of not more than three hundred dollars, with two sufficient sureties, to be approved bv said board, who shall each qualify in double the amount of said bond, conditioned that they will pay the expense and cost of said election in an amount not exceeding the amount mentioned in said bond, in case the proposition to organize said district shall be defeated at said election. Act 144r9a, §§ 3-5 general laws. 768 § 3. Hearing on petition. Such pi-tition must be presented at a reg- ular lueetiug of said board of supervisors aud they shall thereupon fix a time for hearing said petition, not less than twenty, nor more than sixty 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 par- ticulars) and giving the time and place at which said petition will be heard, and directing all parties interested to appear at said time and place, and show cause, if any they have, why said petition should not be granted, 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 pub- lished in said district, then said notice shall be so published in some new^spaper published and circulated at the county seat of the county in which said proposed district is located. § i. Land excluded. Lands included. Tpon the daj- named for the hearing of said petition, the board of supervisors shall hear the same and any objections thereto and may adjourn such hearing from time to time, not more than sixty days in all. If the board find that lands have been improperly included, it may in fixing the final boundaries exclude from such district any lands which may have been so included, or the board may, ag it deems for the best interests of such district, include any adjacent lands outside the boundaries described in said petition, either on petition of the owners of such lands, or upon notice of its intention to include such adjacent lands by publication once a week for two successive weeks in a newspaper of general circulation pub- lished either in said district or at the county scat, which notice shall refer to the petition for the formation of the district on file with the board of supervisors, shall describe the adjacent territory intended to be included within the proposed boundaries of said proposed district and shall direct all persons interested therein to appear at a specified time and place and show cause if any there be why said adjacent lands should not be so included. Upon the petition and evidence produced at such hearings the board shall deterniine and fix the boundaries of such district and must th(>reupori, ]^y order, define and psta])lish such bound- aries. §5. Election. Notice. Tlie board of su|ier\isors thereupon, and not later than thirty days after the establishment of said boundaries, as hereinbefore provided, shall by order, call an election to be held in such proposed boulevard district for the purpose of determining whether such district shall be formed. The order must fix the day of such elec- tion, which must be within sixty days from the date of the order, and must show the boundaries of the proposed district, and must state that at such election one member (if Ihc boulevard commission will be voted for. This order shall be entered in the minutes of the board, and shall be conclusive evidence of the due presentation of a proper petition, and of the fact that each of the petitioners was, at the time of the signing and presentation of such petition, a freeholder owning land within the 769 HIGHWAYS. Act 1449a, ^ G proposed district and that all other stops and actions requisite to and pertaining to the making of said order, including tlie hearing of said petition and establishment of the boundaries of said district, have been properly taken; notice of such election sliall be given by posting a copy of such order for three successive weeks prior to the election, in three public places witiiin the proposed district, and by publication of a copy. of such order at least once a week for three successive weeks i)rior to the election in some newspaper published in tlie proposed district, if there be one, and if not, in some newspaper jiublislied at tlie county seat. § 6. Polling places. Election officers. Ballots. Election of member of boulevard district. Canvass of returns. The board of supervisors, at least fifteen days prior to the election, shall select one, and may select two, polling places within the proposed district, and make all suitable arrangements for the holding of such election. They must select and appoint, from among the qualified electors of the proposed boulevard district, one inspector and two judges of election in each polling place, who shall constitute the officers of said election and the election board; if none are so appointed or if any officer appointed does not attend at the opening of the polls on the morning of election, the electors present may appoint substitutes to fill the election board. The ballot shall contain the words "boulevard district — yes," and "boulevard dis- trict — no," and shall also make provision for voting for one member of the boulevard commission of said district. At such election there shall be elected one member of the boulevard commission, whose term of office shall be for four years and until the election, or appointment, and qualification of his successor. Such election, and all subsequent, or other, elections in said district shall, except as herein otherwise ex- pressly provided, be conducted as nearly as practicable in accordance with the general election laws of the state, except that the provisions of said laws as to the form of ballots and the making of nominations and the selection or appointment of officers of election, shall not apply, and that no irregularity or informality in conducting any election under this act, not substantially affecting adversely the legal rights of any elector, as herein defined, shall invalidate or affect such election. At each election pursuant to this act, every qualified elector, resident within the district as proposed or established, and who would be entitled on the date of the respective election to vote in said district at a general election, shall be entitled to vote at such election. The said offi- cers of election must make return of the election to the board of super- visors of said county, which shall canvass said returns as by law pro- vided, and if a majority of the votes cast at such election shall be in favor of a boulevard district the board of supervisors shall make and cause to be entered in the minutes of said board an order that the boulevard district of the name, and with the boundaries theretofore es- tablished by said board (setting forth such boundaries), has been duly established, and shall declare the person receiving the highest num- ber of votes for member of the boulevard commission, duly elected as 49 Act 1449a, § 7 general laws. 770 such eommissiouer; aud said order shall be conclusive evidence of the fact and regularity of all prior proceedings of every kind and nature provided for by this act or by law, and of the existence and validity of the boulevard district. If a majority of the votes cast shall be against a boulevard district, the board shall by order entered in its minutes so declare, and no other proceeding shall be taken in relation thereto until the expiration of one year from the date of the presenta- tion of the petition to said board. Sections 7 to 23, inclusive, of the original were repealed by the amend- atory act of 1917 and the following new sections were added: §7. Officers. Vacancy, Appointment of member by state highway commission. Term. Bond. No compensation. The officers of the dis- trict shall be three members of the boulevard commission, who shall be designated as commissioners, and shall be, except as hereinafter provided, the chairman of the board of supervisors aud the county surveyor, or the county engineer, as the case may be, of the county in which the district is situated, who shall be ex-officio commissioners, and a third commis- sioner elected as herein provided who must have been a bona fide resident and freeholder within the boundaries of the district for at least one year prior to his election. Any vacancy in the office of commissioner shall, except as hereinafter provided, be filled by appointment for the unexpired term by the board of supervisors from among the bona fide resident freeholders within said district who shall have been such resi- dent freeholders for at least one year prior to such appointment, but no member of the said board of supervisors, except the chairman thereof, shall be eligible to hold office on said commission or to hold any position in connection therewith. At any time, upon petition in writing signed by at least twenty-five per cent in number of the number of qualified electors, residing within the district and named upon the great register of the county in which the district is situated, and presented to the state highway commission, the said state highway commission shall, and it is hereby empowered to, declare the office of boulevard commissioner there- tofore held by the said county surveyor, or county engineer, as the case may be, vacant, and nominate and appoint as commissioner to fill such vacancy a person who shall be a civil engineer, qualified in the opinion of the state highway commission to act as such commissioner. The com- missioner so appointed shall hold office for the term of four years from and after his appointment, and until the appointment and qualification of his successor, and all appointments to fill any vacancy in the office of such commissioner either during or at the expiration of his term of office shall be made by the state highway commission upon the receipt of written notice from the boulevard commission of such vacancy or expiration, but no petition shall be necessary therefor. Each commis- sioner shall give a bond to the boulevard district for the faithful per- formance of his duties in the sum of five thousand dollars, to be ap- proved by a judge of the superior court of the county in which the district is located. The commissioners shall receive no compensation whatever either for general or special services. [New section added Mav 29. 1917; State. 1917, p. 1304.} 771 HIGHWAYS. Act 1449a, §§ 8-10 § 8. Election every fourth year. Notice. Polling places and election officers. Canvass of returns. An election shall be held iu vach boulevard district on the first Monday after the first Tuesday in March in the fourth year after the formation of the district, and in every fourth year thereafter, at which shall be elected a coinuiissiouer in place of the elected commissioner whose term shall expire during such year. Not less than twenty days before the day of each such election the boule- vard commission must give notice of said election by posting notice thereof in three public places in the boulevard district, which notice must specify the time and place of election, the hours during which the polls will be kept open, and the officer to be elected. They shall select one, and may select two polling places within the district; shall appoint one inspector and two judges of election in each polling place, and make all necessary and proper arrangements for holding the elec- tion. Said election officers shall constitute the election board. If no election officers are so appointed, or if any of those appointed are not present at the time of the opening ,of the polls, the electors present may appoint all, or any, of them so absent or not appointed and they shall conduct the election as if so appointed by said commission and present. The officers of the election must publicly canvass the votes immediately after the closing of the polls, and must make return of the election within twenty-four hours after the closing of the polls to the board of supervisors. Said board of supervisors at its first meeting after receiv- ing said returns shall canvass the same and shall make, sign and deliver a certificate of election to the person elected. [New section added May 29, 1917; Stats. 1917, p. 1304.] § 9. President and secretary. The boulevard commission shall be the governing body of the district, and shall exercise all the powers thereof. At its first meeting or as soon thereafter as may be practicable, the com- mission shall choose one of its members as president, and another of its members as secretary. All contracts, deeds, warrants, releases, receipts and documents of every kind shall be signed in the name of the district by its president, and shall be countersigned by its secretary. The com- mission may hold such meetings, either in the day or in the evening, as ma}' be convenient, all such meetings of the commission must be held iu the district at an appointed place. In case of the absence or in- ability to act of the president or secretary, the commission shall, by order entere'd upon its minutes, choose from its members a president pro tempore, or secretary pro tempore, as the case may be. A majority of the members of the commission is a sufficient number to form a com- mission for the transaction of business, and every decision of a majority of the members forming such commission made when duly assembled, is valid as an act of said commission. [New section added May 29. 1917; Stats. 1917, p. 1305. ]i § 10. Powers of district. Every boulevard district formed under the provisions of this act shall have power to have and use a common seal, alterable at the pleasure of the boulevard commission; to sue and be sued by its name; to lay out, establish, construct, acquire and maintain one or more boulevards within the district, and for this purpose to ac- Act 1449a, §§ 11, 12 general laws. 772 quire by purchase, gift, devise, condemnation proceedings or otherwise real and personal property and rights of way within the district, and to pay for and hold the same; provided, however, that if any boulevard or boulevards are constructed with moneys raised by taxation and not from the sale of bonds as herein provided, such boulevard or boulevards shall be constructed only after an election to be had in the manner herein provided for elections in said district, for the purpose of deter- mining whether such boulevard or boulevards shall be constructed and at which election a majority of the votes cast are in favor of the con- struction of such boulevard or boulevards; to make and accept any and all contracts, deeds, releases and documents of any kind which shall be necessary or proper to the exercise of any of the powers of the district, and to direct the payment of all lawful claims and demands against it; to issue bonds as hereinafter provided, and to provide for the payment of the same and the interest thereon; and to cause to be levied taxes sufficient when directed by a vote of the people of the district for the construction, maintenance or repair of said boulevard, or boulevards, and all indebtedness of such district, and the running expenses of the dis- trict; to employ all necessary engineers, surveyors, agents and work- men to do the work on or in connection with the boulevard or boule- vards in said district; ancj generally to do and perform any and all acts necessary or proper to the complete exercise and effect of any of its powers or the purposes for which it was formed. [New section added May 29, 1917; Stats. 1917, p. 1305.] § 11. "Boulevard." By the term "boulevard" as used herein is meant a highway not less than thirty and not more than one hundred feet in width, and upon, along, and over the portion or portions of which where the same is less than sixty feet in width no railroad, electric road, or street railroad shall, except upon a permit granted therefor by the board or body in control of such boulevard evidence by an order entered in its minutes, be constructed or operated; 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 as preventing or limiting the use of vehicles across said boulevard. Any boulevard constructed under this act may be constructed, in whole or in part, 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 tlie improvement of such road or highway to conform to the width and general character of the balance of the boulevard, and for the purposes of this act the boulevard district is hereby expressly au- thorized and empowered to take over, control, operate, and use in whole or in part any such county road or public highway. [New section added May 29, 1917; Stats. 1917, p. l.Sdi;. 1 §12. Survey, etc., of proposed boulevard. Tlu" boulevard commis- sion shall, before the construction of any boulevard and before the call- hig of any election for the issuance of bonds, emjdoy an engineer or engineers "who shall iii;ikc all necessary suiv(>,vs. prc|i:ir(> a iTiap or maps showing the Ux-atioii <,(' Ihc said j)roposed l)(>uic\ aid or boulevards, also showing a crossscctinn and profile of said [.n)i>()se(l boulevard or boule- 773 HIGHWAYS. Act 1449a, §§ 13, 14 vards, together with specifications for the construction thereof and esti- mates of the cost of acquiring rights of way therefor and of the cost of the construction thereof, which said surveys, maps, specifications and estimates, shall, upon the approval of the same by said commissioner, by order entered upon its minutes, be formally adopted by said commission and filed with its secretary and constitute the plan of said district for such proposed boulevard or boulevards; provided, that the said boule- vard commission may, at its option, and it is hereby empowered to, direct the county surveyor, or county engineer, as the case may be, to do any or all of said work herein provided to be done by an engineer or engineers. [New section added May 29, 1917; Stats. 1917, p. 1,307.] § 13. Bond election. Notice. At any time, and from time to time, after the adoption of a plan for a boulevard or boulevards, the boule- vard commission may, by order entered in its minutes call an election for the purpose of determining whether bonds shall be issued for the acquisition of rights of way for, and the construction of, such boulevard or boulevards. Such order shall fix the day of the election and shall specify the amount of such bond issue, and shall state in general terms the purposes for which the money to be raised from the sale of such bonds shall be used, which purposes shall be confined to the acquisition of rights of way foi', and the construction of, a boulevard or boulevards in said district; provided, however, that any moneys so raised which shall remain on hand after such acquisition of rights of way and construc- tion have been completed, may and shall be expended in the betterment and maintenance of such boulevard or boulevards. Notice of such elec- tion shall be given by posting a copy of such order for three successive weeks prior to the election in at least three public places within the dis- trict, and by publication of a copy thereof for at least once a week for three successive weeks prior to the election in some newspaper published within the district, if there be one, and if not, in some newspaper pub- lished at the county seat of the county in which such district is located. [New section added May 29, 1917; 8tats. 1917, p. 1307.] § 14. Polling places and election officers. Canvass of returns. At any time prior to the day fixed for the election the commission shall select one, and may select two, polling places within the district, and select and appoint from among the qualified electors within the district, one inspector, and two judges for each polling place to conduct the same, and shall make all necessary and proper arrangements for holding the election. The ballots shall contain the words ''bonds, yes" and "bonds, no." After the votes shall have been counted and the result announced by the election officers the ballots shall be sealed up and delivered to the secretary of the boulevard commission with the election returns, and said commission shall, at its first meeting thereafter, canvass said re- turns and shall enter the result upon its minutes. Such entry shall be conclusive evidence of the fact and regularity of all prior proceedings of every kind and nature i)rovided by this act or by law, and of the facts stated in such entry. If, at such election, not less than two-thirds of the votes cast be in favor of the issuance of bonds, the said com- mission shall have full power and authority to issue and sell said bonds as proposed in the order calling the election and a^ hereinafter provided. If the result of the election be against the issuance of bonds no other Act 1449a, §§ 15-17 general laws. 774 election upon the question shall be called or held for one year after such election. [New section added May 29, 1917; Stat?. 1917, p. 1307.] § 15. Denomination. Payment. Sale. All bonds issued under the pro- visions of this act shall be of such denomination as the boulevard commis- sion may determine, except that no bonds shall be of le?s denomination than one hundred dollars nor of a greater denomination than one thou- sand dollars. Said bonds shall be payable in gold coin of the United States at the office of the county treasurer of the county wherein said dis- trict is situated, and shall bear interest at a rate not exceeding six per centum per annum; which interest shall be payable semi-annually in like' gold coin. Not less than one-thirtieth part of the total issue of bonds shall be payable each year, commencing not more than five years after the date of said bonds. Each bond shall be signed by the president and countersigned by the secretary of the boulevard commission, and said bonds shall be numbered consecutively, in the order of their maturity, and shall have coupons for interest attached, attested by the facsimile signa- ture of the- secretary of said commission. The bonds may be sold by the boulevard commission in such manner and in such quantities as it may determine, but no bond may be sold for less than its face value. The proceeds of such sale shall be deposited with the county treasurer and shall be by him placed in the fund to be called the boulevard fund of boulevard district (naming it); the money in such fund shall be used for the purposes indicated in the order calling the election upon the question of the issuance of bonds. [New section added May 29, 1917 ; Stats. 1917, p. 1308.} § 16. Estimate of amount needed. The commission must at or before the first meeting of the board of supervisors in September of Qach year, furnish the supervisors and the auditor of the county wherein the dis- trict is situated, an estimate in writing of the amount of money needed for the purposes of the district for the ensuing fiscal year The amount must be sufficient to pay all interest and principal of outstanding bonds of the district maturing during the ensuing fiscal year, and to pay the estimated cost of repairs and maintenance of the boulevard, or boule- vards, and the running expenses of the district. [New section added May 29, 1917; Stats. 1917, p. 130S.] § 17. Levy of tax. Collection. Moneys from general fund. Con- stitutionality. The board of sui)ervisi)rs of any county wherein is situ- ated a boulevard district, must annually at the time of levying county taxes levy a tax to be known as the " (name of district) boule- vard district tax," sufficient to raise the amount reported to them as herein in section sixteen hereof, provided by the boulevard commission. The supervisors mu.st determine the rate of such tax by deducting fifteen per cent for anticipated dalinquencies from the total assessed value of the real property of the district within the county, as it appears on the assessment-roll of the county, and dividing the sum reported by the boulevard comniission as required to be raised by the remainder of such total assesse*! value. The tax so levied shall be computed and entered on the asBesBment-roll by the county auditor, and if the supervisors fail 775 HIGHWAYS. Act 1449a, §§ 18-20 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 county taxes, and when collected shall be paid into the county treasury for the use of said district, and the purposes herein specified. The provisions of the Political Code of this state prescribing the manner of levying and collecting taxes and the duties of the several county officers with respect thereto are, so far as they are applicable and not in conflict with the specific provisions of this act, hereby adopted and made a part hereof. Such officers shall be liable upon their several ofiicial bonds for the faithful discharge of the duties imposed upon them by this act. All moneys raised by taxation as herein provided shall be- long to said district. Anything in this act to the contrary notwithstand- ing the boaril of supervisors shall set apart and turn over to the boule- vard commission out of the general fund of the county twenty-five per cent of the cost of acquisition of rights of way for, and of construction of, said boulevard or boulevards and also twenty-five per cent of the cost of maintenance and repair of said boulevard or boulevards, all such moneys to be used by the boulevard commission for such purposes re- spectively, and the board of supervisors shall set apart and use for road work in the boulevard district all moneys raised in such district by the county for road purposes; provided, however, that if for any reason the provisions, or any thereof, of this sentence are unconstitutional or affect the constitutionality of this act or any of the provisions thereof, then this sentence, or such provisions thereof, only, shall be void and the re- mainder of this act shall stand as if this sentence, or such provisions thereof, as the case may be, had not been included in this act, the same being hereby declared to be separable. [New section added Mav 29, 1917; Stats. 1917, p. 1309.] § 18. Funds kept by county treasurer. The treasury of the county wherein the district is situated shall be the repository of all the funds of the district. The treasurer of the county shall receive and receipt for the same, and shall place the same to the credit of the boulevard district. He shall be responsible upon his official bond for their safe- keeping and disbursement in the manner herein provided. [New section added May 29, 1917; Stats. 1917, p. 1310.] § 19. Funds established. The following funds are hereby established to which the money belonging to the district, and raised by taxation as herein provided, shall be apportioned by the treasurer, to wit: bond fund, construction and maintenance fund, and district expense fund. The treasurer shall pay out the same only upon warrants of the boule- vard commission, signed by the president and attested by the secretary, except that all bonds and coupons shall be paid on presentation by the county treasurer out of the bond fund without such warrant. The treas- urer shall report in writing to the commissioners whenever requested by them or the secretary the amount of money in the various funds, the amounts of receipts since his last report and the amounts paid out. | New section added May 29, 1917; Stats. 1917, p. 1310.]. §20. Bids. Award to lowest bidder. Change in place. Repair work without bids. The boulevard commission shall, pursuant to an order Act 1449a, § 20 general laws. 776 entered iu its minutes, advertise for bids for the construction of such boulevard or boulevards, either as a whole or in such sections as it may see fit, in accordance with the plan theretofore adopted and filed, as hereinbefore provided by said commission, by publishing a notice calling for such bids, at least once a week for two successive weeks in a weekly newspaper published within the boulevard district if such newspaper is published therein, otherwise in a newspaper published at the county seat of the county in which such district is located. Such notice shall refer to said order and said plan for further particulars. If the com- mission shall elect to receive separate bids for the construction of sec- tions of said boulevard or boulevards, the said order shall describe the separate sections for which such separate bids are desired. The com- mission may also in its discretion advertise at the same time and in the same notice both for bids for the construction of such boulevard or boulevards as a whole and for bids for the construction of separate sections thereof. Every contract for doing any part of said work shall be let, after advertisement as herein provided, to the lowest resjjonsible bidder, who shall, before the making of said contract, give a bond to the boulevard district for the faithful performance of his contract, with sureties satisfactory to said commission iu an amount equal to at least fifty per cent of the amount of the contract price; provided, however, that the commission may make contracts, without advertisement, for any construction work on said boulevard the cost of w^hich does not exceed one thousand dollars; and provided, further, that the commission may reject any or all bids and may thereupon readvertise for bids for doing any part or the whole of said work; or may do said work with- out letting any contract therefor when the amouitt of the work is less than one thousand dollars. Said commission may hire all necessary engineers, inspectors and superintendents to supervise the performance of contracts entered into by said commission, or to have charge of the doing of all work done without contract. Any order of said commission directing the advertisement or readver- tisement for bids, as hereinabove provided, may alter the said plan for such boulevard or boulevards including the route of any portion or por- tions of any such boulevard or boulevards; provided, that no such change shall invc/lve any material increase in the cost of construction of the portion or portions so altered or the cost of acquiring the rights of way therefor and any and all boulevard commissions are hereby given power and authority to make any such change or clianges in any sni-.h plan or plans. The commission may do any lU' all work of maintenance or repair ujion such boulevard, or boulcvanls, citlicr wilh or without contract therefor, and witli or witliimt ndxcrtisitig (Oi' bids for contracts for such work of maintenance and rciiair, at its discretion; provided, however, that if th(! cost of any such work (d' maintenance or repair shall exceed the sum of one thousand d(dlars, tlirn sn(di work shall l)e done under contract imrsnant to bids ii>\ such work al'tci- advert isin<.r in the same manner licrcin |iroviilcd lor advertising for bids and letting contracts for con- struction work. I New section added May 2!), l'.»17; Stats. I'.HT, p. I.'UI). | 777 HIGHWAYS. Act 1449a, §§21-23 § 21. Application to state department of engineering for exercise of powers. Anything in this act to the contrary notwithstanding, the boule- vard commission shall have and is hereby given power and authority, at its option, to make application to the department of engineering of the state of California, or to the proper subdivision of said department, for the exercise by said department, or proper subdivision thereof, as the case may be, of any or all powers, duties or authority which said department or proper subdivision thereof, as the case may be, may now, or at any time hereafter, exercise or enjoy with respect to the ownership construction, maintenance or improvement of any boulevard or boulevards or proposed boulevard or boulevards, constructed or to be constructed pursuant to the provisions of this act, including the preparation of plans, specifications and estimates for, and the handling and expen- diture of boulevard district moneys for, such construction, maintenance or improvement; any such application to said department of engineering, or subdivision thereof, shall be made in accordance with the provisions of the law as it now is or may hereafter exist defining the powers, duties or privileges of such department of engineering or subdivision thereof in relation to such matters, and upon the granting of any such application by said department of engineering or subdivision thereof, the boulevard commission shall have full power to carry out the terms of such appli- cation on its part. [New section added May 29, 1917; Stats. 1917, p. 1311.] 22. Transfer boulevard to county. Anything in this act to the con- trary, notwithstanding, the boulevard commission shall have, and it is hereby given, full power and authority at its option to transfer and convey all the right, title and interest of the boulevard district in and to any boulevard or boulevards in such district after complete construc- tion thereof, to the county within which such district is situated, pro- vided that the board of supervisors of such county consent to and accept such transfer and conveyance and agree thereafter to maintain such boulevard or boulevards as boulevards and as part of the county highway system of such county, any and all such boulevards so trans- ferred and conveyed to be thereafter held and owned by such county as county boulevards without any further liability or responsibility therefor on the part of such district. But no such transfer or convey- ance shall affect any bond or bonds theretofore issued by such district or the liability of such district thereunder. [New section added May 29, 1917; Stats. 1917, p. 1312. ]' §23. Dissolution of district. The district may at any time be dis- solved upon the vote of two-thirds of the qualified electors thereof at an election called by the boulevard commission upon the question of dissolution. Whenever it shall deem it advisable, the boulevard com- mission shall, by resolution, order that an election be held in the said district upon the question of dissolution of the district. Such election shall be called and conducted in the same manner as other elections of the district. Upon such dissolution, any property which may have been acquired by such boulevard district shall vest in the county, except that Act l-149a, §§ 24^26 genekal, laws. 778 any such property lying within the boundaries of an incorporated city shall vest in such city; provided, however, that if at the time of the election to dissolve such district there be any outstanding bonded in- debtedness 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 ot such district; and from the time such district is thus dissolved until such bonded indebtedness with interest thereon is fully paid, satisfied and discharged, the board of supervisors of the county shall constitute ex officio the boulevard commission 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. [New section added May 29, 1917; Stats. 1917, p. 1312.] §24. [There is no section of this number.] § 25. Established districts validated. Any and all boulevard districts heretofore established by order entered by any county board of super- visors under this act, and all amendments thereof or of any section or sections thereof, are hereby declared to be legally organized and exist- ing and all the proceedings on the organization and formation of any and all such boulevard districts are hereby approved and in all respects declared valid, and all boulevard districts are subject to the provisions of this act so far as applicable. [New section, added May 29, 1917; Stats. 1917, p. 1313.]. § 26. Proceeding to determine legality of dis/rict. Any district formed hereunder, in order to determine the legality of its existence, may institute a proceeding therefor in the superior court of the county in which it was organized by filing with the clerk of said county a com- plaint setting forth the name of the district, its exterior boundaries, the date of its organization and a prayer that it be adjudged a legal boulevard district formed under the provisions of this act. The sum- mons in such proceeding shall be addressed generally to all persons interested in said district or in any of the lands therein contained, and shall be served by publishing a cony thereof once a week for four weeks in some newspaper of general circulation published in the said county. Within thirty days after the last publication thereof any person in- terested may appear and answer said complaint, in which case said an- swer shall set forth the facts relied upon to show the invalidity of the district. If no answer shall be filed within said time the court must rciiil(!i' Judgment as prayed for in the complaint. If an answer be filed the court shall proceed as in other civil cases. Said proceeding is hereby declared to be a proceeding in rem and the judgment rendered therein .shall be conclusive against all jiorsons whomsoever and against the State of Califoiiiia. ACT 1457s. An act declaring and eslablishing a state highway from the city of Sun Bernardino, by way of Arrowhead avenue. Waterman canyon. 779 HIGHWAYS. Acts 1457t-1457v the "Crest drive" aud Mill creek to the city of Redlands. [Approved May 29, 1917. Stats. 1917, p. 1314. In effect July 28, 1917.] ACT 1457t. An act providing for the taking over by the state of California of a certain road in Boulder Creek township, county of Santa Cruz, and for the maintenance and improvement of the same as a state road under the supervision of the state department of engineering. [Approved May 29, 1917. Stats. 1917, p. 1325. In effect July 28, 1917.] § 1. Road conveyed to state. The board of supervisors of the county of Santa Cruz, state of California, is hereby authorized to transfer and convey unto the state of California, that certain road situate in Boulder Creek township, county of Santa Cruz, state of California, and described as follows, to wit: Beginning at the intersection of Main and Lorenzo streets in the town of Boulder Creek, thence running in a northwesterly direction over the present traveled road to the Sequoia schoolhouse; thence running over the road known as the Boulder Creek and state park road to the easterly boundary of the California Red- wood Park; length of road, nine and one-half miles; and to execute on the part of said county of Santa Cruz, a deed to the state of Cali- fornia to carry into effect such transfer and eonvej'ance. The state department of engineering, through the state engineer, is hereby authorized and directed to accept said deed and said road on behalf of the state of California. § 2. Improvement of department of engineering. Upon the accept- ance of such deed, the said department of engineering shall improve and maintain said road as a state road and any expense incurred in such work after the date of the acceptance of said deed, shall be a proper charge against any money in the state treasury available for the improvement and maintenance of state roads. ACT 1457U. An act extending the Mono Lake basin state road easterly to a junction with the county road from Mono Lake postoffiee to Mono Mills. [Approved May 29, 1917. Stats. 1917, p. 1326. In effect July 28, 1917.] § 1. Extension of Mono Lake basin state road. The state department of engineering is hereby authorized and directed to extend the Mono Lake basin state road easterly to a junction with the county road from Mono Lake postoffiee to Mono Mills, which said extension is hereby declared and established as a portion of the Mono Lake basin state road. ' ' i j ACT 1457V. An act making an appropriation for the survey, location and construc- tion of a highway between Susanville in Lassen county and a point on the line between California and Nevada, approximately two Act 1458f , § § 1-4 GENERAL LAWS. 780 miles east of Constantia in said county. [Approved June 1, 1917. Stats. 1917, p. 1611.] The act appropriated $60,000 for the purpose indicated. ACT 1158f. An act providing for the creation, organization and government of joint highway districts composed of two or more counties of the state of California. [Approved April 5, 1917. Stats. 1917, ]i. 46. In effect July 27, 1917.] § 1. Joint highway district may te created. A joint highway dis- trict, to be composed of two or more counties may be created, organ- ized and governed for the purpose of constructing public highways therein as in this act provided. The word "county" as used in this act shall include any "city and county," but such city and county is herein regarded solely as a political subdivision of the state, and not as a municipality. § 2. Resolution initiating proceedings. The board of supervisors of any county may initiate proceedings for the creation of a joint high- way district to be composed of two or more counties of the state by the adoption of a resolution reciting: (a) That the public interest requires the construction of a public highway, stating generally the location and course thereof, and naming the counties in or through which such highway will pass. (b) The names of the counties interested in and which will be bene- fitted by such highway construction. (c) That it is proposed to create a joint highway district composed of the counties so named. When adopted, certified copies of the same shall be transmitted to the advisory board of the state engineering departm.ent of the state of California, and to the clerks of the boards of supervisors of the counties named in the resolution. § 3. Notice and hearing. Immediately upon receipt of a copy of the resolution adopted as aforesaid, the said advisory board, either at a regu- lar or sjiecial meeting, shall fix a time and place in the county adopting the resolution at which the matter of the creation of a joint highway district will be heard and determined. Notice of such hearing shall be l*ublished five days in one daily newsi)aper published in each of the (•(unities named in said resolution, or two times in a newspaper published less than six days a week or if no newspaper })e published in any county then such notice shall be posted in three public places in such county for a i>eriod of ten days. The time fixed for such hearing shall be not less than thirty nor more tlian forty days from the date of meeting at uliicji' the x.y\<\ ii(l\isory Ixjiird caused siidi notice to lie given. §4. Proof of publication. Prool' of tlie publication shall be made liV tin- ;if1i(|;ivit of Ihc |iu lilishcr, inauagcr or |)riiicij)al clerk of the news- |ia|)('r making sucli [inlilication, or j)erson posting the notice, and such notice, the publicat i(jn, or iKJSting thereof and proof thereof shall be 781 HIGHWAYS. Act 14581', §§ 5-8 siiflicient to vest said advisory board of the state engineering depart- ment with jurisdiction and power to hear, determine and order the creation of the proposed joint highway district. A copy of such notice shall be mailed to the clerk of the board of suiiervisors of each of the counties named in the initiatory resolution. §5. Board of directors named. Upon the receipt of such notice it shall be the duty of each of the boards of supervisors to name and appoint either one of its members or some other suitable person and each of the persons so appointed shall constitute a member of the board of directors of the joint highway district when created. It shall be the duty of each of the persons so appointed to attend the hearing fixed by the said advisory board. The said directors so appointed, may meet from time to time in advance of the time fixed for said hearing and may make and enter into an agreement limiting the amount to be assessed upon each of the counties to comprise the district when formed, and such limitation so agreed upon shall not thereafter be changed except by the unanimous vote of all the directors. § 6, Objections to creating district. At the time and place fixed for said hearing any person may apjjcar and offer objections to the creation of the joint highway district, and the said advisory board shall hear such objections and may continue such hearing from time to time and all parties shall be deemed to have notice of any such continuance. § 7. Order creating district. At the conclusion of such hearing the said advisory board shall determine all matters relating to the creation of such joint highway district and may sustain or overrule any objec- tion offered. The objections offered need not be specifically set forth, but may be sustained or overruled in general terms. An objection made by any person appointed a member of the proposed board of directors shall prevent the creation of the district. If no objections are made or if all objections shall be overruled, then the said advisory board shall make and enter in its minutes an order creating such joint highway district. The order shall contain the names of the several counties composing the district and the names of the persons consti- tuting its board of directors. Districts shall be numbered in the order of their creation. A certified copy of such order shall be filed with the secretary of state and transmitted to the clerks of the several boards of supervisors of the counties composing the district. Upon the filing of the said order with the secretary of state said joint highway district shall be deemed created and organized, and shall exercise all of the powers granted by this act, and shall be a p)ublic corporation under the designation of "joint highway district No. ■ of the state of California." § 8. Purpose of districts. The purpose for which the joint districts may be created is to provide the necessary authority and means to construct and maintain the highway described ih the initiatory reso- lution in and through the several counties constituting the district; such highway to be continuous and afford adequate intercommunication for vehicular traffic. This act shall be so construed as to facilitate the accomplishment of this purpose. Act 1458f, §§ 9-12 GENERAL, LAWS. 782 §9. Board of directors to manage district. Said joint highway dis- tricts shall be managed, and the powers herein conferred thereon, shall be exercised by a board of directors. Said directors shall be chosen and ap- pointed as follows: One by the board of supervisors of each of the coun- ties composing said district either from its members or other suitable per- son. Said directors shall serve during the pleasure of the appointing power. They shall receive no compensation for their services, but may be allowed actual expenses incurred hy them in connection with the dis- charge of their duties under this act. § 10. Place of business. Secretary. President. Vice-president. Said board shall fix a place within the district for the transaction of its business, but may hold its meetings from time to time in any place in said district that will best serve the convenience of the public A major- ity of the members shall be necessary to constitute a quorum for the transaction of business It may make all rules necessary to the orderly transaction of such business. It shall appoint a secretary; may employ such additional clerical, or legal or engineering service as may be re- quired from time to time and fix the compensation to be paid therefor Said board shall organize within thirty days from the date of the crea- tion of the district and the time and place of meeting for purposes of organization shall be fixed by the. director chosen by the supervisors of the county adopting the initiatory resolution. It shall choose one of its members as president of the board, who shall preside at its meetings. A vice-president shall be appointed who shall act in the absence or dis- ability of the president. The president shall perform such duties as the board may designate. § 11. Powers. Said joint highway district through its board of directors shall have power — To lay out, construct and maintain a highway as specified in section three of this act. To accept in the name of the district all gifts, donations or contribu- tions from any source whatsoever made to further the purpose of this act, and the counties composing the district may convey such public highways as may be utilized as a part of the highway herein authorized to be constructed. To acquire necessary lands, or rights of way for purposes of such highway. To exercise the right of eminent domain necessary to acquire lands or rights of way for highway purposes. To acquire and use such personal property as may be necessary in the exercise of the powers herein granted. To employ such labor and service as may be necessary. To arrange for tlio safekeeping of all funds belonging to the district and to this end may appoint a treasurer or depositary, and exact from him such bonds or other security as may be proper. To sue and be sued. To adopt a seal. § 12. Contingent fund. For the purpose of ]iroviding a contingent fund for the district and to meet the incidental expenses thereof, the 783 HIGHWAYS. Act4458f, §§ 13-16 boards of supervisors of the several counties comprising the district are hereby authorized and directed to appropriate from any money received by such counties under the provisions of the "vehicle act," in effect January 1, 1916, or any act in continuance thereof or supplemental thereto, such percentage thereof as may be determined by the board of directors of the joint district by a resolution adopted by a vote of all of its members. Such sums so appropriated shall be paid by a warrant drawn in the name of the joint highway district, and shall be deposited with the treasurer or depositary of the district. § 13. Survey of highway. Report by engineer. As soon as practica- ble after the organization of the board of directors of the district, said board shall cause to be surveyed and located the highway authorized by this act to be constructed or such portion thereof as may be deemed expedient, and for that purpose may employ an engineer and necessary assistants. Upon the completion of such survey the engineer shall file a report thereof with the board of directors together with all necessary maps, drawings and plans of construction, other than detailed drawings and specifications, also an estimate covering the cost of the completion of said highway, including rights of way therefor and interest to be paid during construction. § 14. Hearing on report. Assessment covering estimated cost. Upon filing said report the board of directors shall fix a time and place for considering the same. The hearing thereon may be continued from time to time or from place to place in the different counties, if so desired. Upon such hearing being had said board of directors shall make an assessment covering such estimated cost, upon the state of California, and the several counties comprising the district according to the benefits that may result from the construction of such highway to said state and counties and the people residing therein, or may assess not to exceed one-fourth of such estimated cost upon such land in private ownership as may be benefited thereby in the manner provided by this act. § 15. Order determining benefits. Upon the conclusion of such hear- ing such board of directors shall make an order determining the amount of the benefits to accrue to the state and to each county comprising the district and to the people residing therein and shall make an assess- ment against the state and said counties in proportion to the benefits so to accrue, in a sum equal to said estimated cost, or as much thereof as may be necessary, but said estimated cost if deemed excessive may be reduced to such an amount as the board of directors shall seem proper. The amount of such assessment shall be certified to and transmitted to the state board 6f control and to the boards of supervisors of the coun- ties constituting the district. § 16. Appeal to advisory board. In case the state board of control or the board of supervisors deem that the assessment imposed upon the state or such county be excessive or that it has been inequitably treated, the state board of control or such board of supervisors, within forty days from the receipt of ihe certificate referred to in the preceding section, Act 1458f, §§ 17-20 general laws. 784 may appeal from the order of the board of directors of the district to the advisory board of the state engineering department. Such appeal shall be in writing and set forth the nature of the objection and a copy thereof shall be filed with the board of directors of the district, with the advisory board of the state engineering department and with the boards of supervisors of the counties constituting the district. § 17. Hearing. Judgment. Upon filing such appeal, the said advisory board shall have jurisdiction to hear and determine the same. It may take testimony and hear all parties interested It may change or modify any of the plans of the engineer, and may reduce the estimate of cost^ or change or modify any assessment or make a new assessment. Its judgment shall be final and conclusive, and a copy thereof shall be filed with the state board of control and with the boards of supervisors of the counties composing the district. § 18. Assessment charge on state and counties. Installments. Time for payment of first installment. The amount of the assessment imposed by the board of directors of the district, or by the said advisory board, shall be a charge, respectively, upon the state and the counties compos- ing the district to the amount determined as herein provided, and shall be i^ayable in five annual installments; provided, that should any install- ment exceed a sum equal to that which could be raised by a tax of five cents upon each one hundred dollars of assessed valuation as the same appears upon the assessment-roll of a county, then in the case of such county the number of annual installments may be increased to such a number that the amount of each installment will be less than that which would result from the levy of such tax. The first installment shall be payable on or before the first day of January following the filing of the assessment with the state board of control and boards of supervisors; provided, said assessment shall have been so filed prior to the first day of September preceding; otherwise it shall be payable on the first day of the second January succeeding such filing. The remaining install- ments shall be payable on the same day in each succeeding year. § 19. Payment of installments. On or before the time fixed by law for levying taxes for county purposes, the boards of supervisors of each county composing the district shall make provision for the payment of tlie amount of the installment of the assessment, either by the payment of the same from the moneys received from the state as herein stated or from a tax levied for that pur])osc, wliidi tax shall be in addition to all taxes levied for county [lurposes. The aiiiuiiiit assessed against the slate in the ilisci'et ion ot the slate lioaiil of cdntrol, may be paid in one installiiieni and liDrn any fund now a,vailable, or whith may hereafter 1„. made asailalile for the pnrjiose, or out of special appropriations for tin; pur].ose made by the legislature. Moneys shall be paid by the state treasurer upon warrants duly drawn by the controller of the state, upon demands made by the state engineering deiiartment and audited by the state board of control. §20. "Construction fund." All moneys rereived by the joint high- way district, unless otherwise pro\ided herein, shall be kept in a fund 785 HIGHWAYS. Act 14r)8f, §§ 21, 22 to be named "eonstnietion fund" and sliall be paid out upon tlie order of the board of directors only for the construction of tlie highway herein jirovided. § 21. "Revenue bonds." Maturity. Board of directors determine form, etc. Interest rate. Purchase by state board of control. At any time after the assessment, either against the state, the several counties or the land within an assessment district has been made, the board of directors of the district may anticipate the payment thereof and may issue "revenue bonds" against the fund into which shall be paid all sums paid on account of the assessments imposed. The maturity of any bonds issued shall be subsequent to the date upon which any installment of assessment is due and the amount to become due shall not exceed the amount of such installment of assessment available to pay the same. The intent of the foregoing provision is that there shall be available for the jjayment of the principal and interest of all bonds issued a sum suffi- cient to pay the same at the time such interest and principal become due, and it shall be the duty of the board of directors to make provision for the payment of all bonds issued and interest tliereon prior to their sale and delivery. The bonds shall be issued at such times and in such amounts as may be required to meet the payment of the demands of the district, as may be determined by the board of directors. The form, denomination, rate' of interest, time, place and manner of payment and all matters relating to such issuance shall be determined by the board of directors of tlie district; provided, that the rate of interest shall not exceed five per centum per annum. The bonds so issued shall be sold in such amounts as the board of directors may determine. The state board of control is hereby author- ized to purchase such bonds and pay for them out of any surplus money in the state treasury which, in its judgment, shall not be required for governmental purposes prior to the maturity of such bonds. The boards of supervisors of the several counties shall likewise have authority to purchase such bonds with any surplus funds under their control. § 22. Highway assessment district. Whenever it shall appear to the satisfaction of the board of directors that any land under private owner- ship will be benefited by the construction of the highway herein pro- vided for, said board of directors, after the receipt of the report and estimates of costs herein required to be made and filed, may adopt a resolution of intention substantially in the following form: EESOLUTION OF INTENTION. Whereas, it ap{)ears to the satisfaction of the board of directors of joint highway district number of the state of California, that land nnder private ownership will be benefited by the construction of a highway provided for in an act entitled: "An act providing for the creation, organization and government of joint highway districts com- posed of two or more counties of the state of California," therefore be it Eesolved, That it is the intention of the board of directors of said joint highway district to create a highway assessment district to cora- 50 Act 1458f, § 23 GENERAL LAWS. 786 prise all the land under private ownership within the following bound- aries to wit: (Here set forth the boundaries of the proposed district.) Further resolved, That it is the intention to assess the sum of $ , being a part of. the estimated cost of said highway construction as appears upon the report of the district engineer filed in the office of the board of directors of said district, upon the land within the bound- aries of said proposed district as herein described in the manner pro- vided in said act. Further resolved. That the day of 19 — , at the hour of at (meeting place of the board of directors) is hel^eby fixed as the time and place for hearing all objections that may be made to the creation of said district or the amount of benefits to be assessed as aforesaid; also to hear and determine all claims for damages that may result from the construction of the highway aforesaid. Reference to the aforesaid report of the district engineer for further particulars is here made. Adopted by- the board of directors of joint highway district number of the state of California, this day of , 19 — . Directors. Attest: , Secretary. Time for hearing. The time of hearing shall be not less than thirty nor more than forty days from the date of the adoption of the above resolution. § 23. Notice of resolution. Proof of publication. Posting of notices. The board of directors shall cause a notice of the passage of such resolu- tion including a copy of the same to be published five times in a daily newspaper of general circulation published in each of the counties com- posing the district or two times in a newspaper published less than six days a week, or if no newspaper be published in any county then such notice shall be posted in three public places in such county for a period of ten days. The first publication in each of said counties shall be within five days after the adoption of said resolution of intention. Such notice shall be headed by the words "notice of intention to create highway assessment district." Proof of the publication of such notice shall be made by affidavit filed in the office of the secretary of the board of directors and such publication and proof shall be held sufficient to vest jurisdiction in the board of directors -to hear and determine all matters authorized by this act to be so heard at the time and place of hearing fixed by the said resolution of intention. The board of directors shall also cause to be conspicuously posted within fifty feet of all points where the highway proposed to be con- structed shall intersect existing public highways two copies of the notice herein required to be published. Said notice shall be headed as heroin specified and the words of said heading shall be in type at least two inches in height and the body of said notice shall be set in what is known as twclvo-iioint or pica type. Said notices shall bo posted within ten days from the date of the adoption of the resolution of intention. 787 HIGHWAYS. Act 1458f, §§ 24-27 § 24. District engineer to prepare map. The district engineer shall Vje directed to prepare a map showing the exterior boundaries of the proposed district, the line of the proposed highway, intersecting highways, bound- ary lines of the counties, the separate parcels of land within the district and names of the owners thereof as nearly as the same may be ascer- tained from the records of the assessors' office in the several counties. Said map shall be completed before the date set for the hearing. § 25. Objections. Any person who may be affected by the creation of the proposed assessment district may make objection thereto. Ob- jections shall be in writing signed by the objector or his agent and filed prior to the day fixed for the hearing. Objections may be made to the boundaries of the district or to the amount of the assessment pro- posed to be imposed. Claims for damages to result from the construc- tion of the highway or the grade thereof as delineated upon the map or profile drawings of the district made by district engineer shall also be presented prior to the day of hearing and a failure to present such claims shall be deemed to be an express waiver thereof. § 26. Hearing of objections. At the time fixed in the resolution of intention for hearing objections, or at such time as such hearing may be continued, and all parties shall be deemed to have notice of such con- tinuance, the board of directors shall hear and determine all objections that may be made and it shall be competent for said board to hear and determine any or all objections of every kind or nature even though such objections shall not be expressly authorized by this act, and also may pass upon, compromise or determine any claim for damages pre- sented as herein provided. § 27. Changing boundaries, etc. Claims for damages. Order by board of directors. At the conclusion of the hearing the board of directors may change the boundaries of the proposed district, but may not include any territory outside thereof, may reduce the total amount of the assess- ment proposed to be imposed, change or modify any grades of a proposed highway and may sustain or overrule any other objections or generally overrule all objections that may have been made. It may also reject or approve in whole or in part any claim for damages. The total amount of all claims for damages that may be allowed shall be added to the esti- mate of the cost of the proposed highway and one-fourth of such amount of claims may be added to the amount of assessment proposed to be imposed unless such estimate shall already have provided for such damages. All matters pertaining to the hearing having been heard and deter- mined, the board of directors shall cause an order to be entered in its minutes ordering the construction of the proposed highway, creating a highway assessment district for the purposes of this act and describing the boundaries of the highway assessment district in accordance with this determination, declare the amount of the assessment to be imposed and assessing the same upon the land within the district, which shall be deemed to be the benefits thereto accruing from such proposed highway construction, and the same to be distributed to and imposed upon the several parcels of land within the district and to be paid as in this act Act 1458f, §§ 28-33 general laws. 788 provided, and fix the mimber of annual installments in which such assess- ment may be paid. All objections not specifically set forth in said order shall be deemed to have been disallowed and overruled. The order shall also approve the map of the district made as herein provided. § 28. Order sent to assessors and recorders. Copies of said order and the map so approved shall be forthwith transmitted to the assessor and recorder of the several counties comprising the joint highway district. The recorder shall record said order and map as provided by law with- out charge therefor. The assessor shall preserve said map and in making any assessment-roll shall cause all parcels of land withiii the assessment district to be separately valued so that the value of all the land therein shall be definitely ascertained. § 29. Statement of total assessed value. On or before the fifteenth day of August in each year the auditor of each of the counties composing the district shall certify and transmit to the secretary of the joint high- way district a statement showing the total assessed value of the land within his county included in the assessment district created as herein provided. § 3i). Secretary to determine amount of installment. Immediately upon receipt of the statements required by the preceding section, the secretary of said joint highway district shall ascertain the amount of the installment of the assessment due and to be paid within the year thereafter. The sum so ascertained shall be the amount to be raised by taxation upon all the property within the assessment district. He shall apportion the said amount to the several counties composing the district according to the assessed value of the land therein as certified and shall transmit to the clerk of the board of supervisors of each of said coun- ties a statement showing the total assessed value of the land within these counties included in the assessment district and the amount of money required to be raised by a tax imposed thereon. § 31. Levy of special tax in district. At the time and in the manner jirovided by law for the levying of taxes by board of supervisors, the l>o:ird of supervisors in each of the counties composing the joint high- way district shall levy a special tax upon all the land within the highway assessment district and within the county, suflicicnt to raise the sum of money required by Ihis act and as (•crfificd liy tlie secretary of the joint liigliway distiiit. §32. Collected at time of county tax. The tax so levied shall l)e computeil and collcrtcd in the time and manner required by law for the com[)ntati()n and r(dlcrti()n of taxes Un- county purposes and the land subject to sucli tax shall be subject to tiie same penalties for delin- quencies, and the same provisions of law relating to the sale and re- demption of land for non|)ayni('nt (d" coiinly taxes, shall aii]ily to the tax herein authorized. §33. Moneys paid to treasurer. All money collected as the jiroceeds of a tax ](;vied as herein provided shall lie paid by the tax collector to 789 HIGHWAYS. Act 1458f, §§ 34-38 tlio treasurer of the joiiit higliway district and plac-ecl to the credit of the funds of the district as herein provided. § 34. Additional reports. It is hereby expressly provided that the entire highway originally described need not be provided for in the report of the engineer made as provided in section thirteen of this act. Additional reports may be made from time to time as the same shall be deemed expedient and provide for the construction of other sections of such highway. The cost of such additional portions shall be provided for in the same manner as herein provided for in the case of the first report and additional assessments may be made in like manner. Addi- tional assessments may be imposed in case the cost of construction exceeds the estimate made or in case any assessment shall be held invalid for any reason. § 35. Contract let to lowest bidder. Construction by board of direc- tors. Eight-hour day. The work of construction shall be done by con- tract let to the lowest responsible bidder after advertisement for bids therefor shall have been made by publication in a newspaper of general circulation published within the district for a period of ten days prior to the receipt of such bids. Bonds for the faithful performance of the contract and for the payment of claims for labor and material shall be required of the successful bidder. However, if it should appear to the satisfaction of the board of directors that the bids were excessive or that collusion existed among bidders so as to prevent proper competition then the board of directors are authorized to purchase the necessary material, machinery and equipment and employ labor to perform the work of con- struction. The board of directors may acquire rock quarries or deposits of road material or if it is to the advantage of the district may pur- chase material and furnish the same to contractors. A maximum of eight hours shall constitute a day's labor and three dollars shall be the minimum charge paid for such day's labor performed upon the work of construction. §36. Advisory board to control expenditure of state funds. In case it shall be determined that any sura of money authorized to be expended from the state treasury shall be expended as required by section twenty- two of article four of the constitution, then the advisory board of the state engineering department shall have the exclusive management and control of such expenditure, but such advisory board may, in its discre- tion, delegate its powers to the board of directors of the joint highway district and said joint highway district is hereby declared to be a state institution within the meaning of said constitution. The board of direc- tors of the district may vest in the state engineering department author- ity to supervise the work of construction. § 37. Necessary repairs. Until the completion of said highway, all necessary repairs thereto shall be held to be a necessary part of the con- struction thereof and may be made either by contract or by the board of directors and the cost thereof paid from the construction fund. § 38. Negotiations with United States. In case the governmental authorities of the United fcitatcs should desire to include such highway Act 1465 GENERAL LAWS. 790 in any scheme of national defense and use or assume the use of the same for military or other purposes, the board of directors of the joint high- way district either directly or through the state engineering department may enter into negotiations respecting the same and enter into such agreements as may be mutually satisfactory. § 39. Regulations by board of directors. The board of directors may make such regulations respecting the use of such highway as shall not conflict with general laws and may exclude from such highway such class of the vehicular traffic as may be dangerous to public safety or which may result in a permanent injury to the roadway. All laws regu- lating state highways and inflicting penalties for a violation thereof shall apply to the highways constructed under the provisions of this act. § 40. Certificate of completion. Interest and rights of way conveyed. Upon the completion of the highway or any section thereof, the fact of such completion shall be certified to the advisory board of the state en- gineering department and such advisory board shall cause inspection to be made of such highway. If such advisory board shall find that the same has been properly constructed and is in good repair throughout, it shall issue a certificate of completion. Thereupon said advisory board shall, after due hearing, apportion said highway to the several counties consti- tuting the district, or may accept the whole or any portion thereof as a state highway. The decree of distribution shall be transmitted to the board of directors of the joint highway district. Thereupon the said board of directors shall convey to the several counties composing the distri'^t, or to the state as the case may be, all interest and rights of way that the district may have in and to the highw^ay so constructed and accepted in accordance with the terms of said decree of distribution. The highwaj- or portions conveA'ed shall become a part of the system of county roads, or state highway as the case may be, and shall be maintained by said coun- ties from the general or district road funds or by the state as provided by law. §41. Employees discharged. Upon the receipt of the decree of dis- tribution of the entire highway all employees of the board of directors shall be forthwith discharged excepting the secretary who shall continue to perform the duties required of him by this act. §42. District dissolved, when. When all the bonds that may liave been issued in pursuance with the provisions of this act shall have been paid, all property of the district shall be converted into money and all such moneys shall bo distributed to the counties composing the district in proportion to the amount contributed by them under the provisions of tliis act. Thereupon, all books, documents, maps and other records shall be deposited with the state engineering department and thereupon said point highway district sliall be dissolved. ACT 1465. An lift to firovido for work upon pul)li(' roads, streets, avenues, boule- vards, lanes and alleys not within tlie territory of incorporated cities or towns; for the incidental establishment of grades thereof; for the 791 HIGHWAYS. Act 1465, §§ 1, 3 construction therein or thereon of sidewalks, sewers, manholes, 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 establishment of such districts. [Approved March 21, 1907. Stats. 1907, p. 806.] Amended 1911, p. 506; 1915, p. 1394; 1917, p. 1369. The amendment of 1917 follows: § 1. Powers of boards of supervisors to do road work. Prohibited work. 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 regrade to the official grade, plank or replank, pave or re- pave, macadamize or remacadamize, gravel or regravel, pile or repile, cap or recap, oil or reoil 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 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 things singly or in any combination of the same, and the various items of the said work and constructions need not be contermin- ous; and to issue bonds representing the costs and expenses of any said work or constructions as in this act hereafter provided; and to consti- tute a fund for the payment of such bonds as in this act hereafter pro- vided; 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; and to purchase material and funish the same to be used in the doing of any of the works above named. But said board of supervisors are hereby prohibited from doing, under the provisions of this act, any work, except sewer or drain work, within the roadway of any railroad or within any area which by law is required 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 persons with notice of such exception or exclusion, and such exception of said prohibited work need not be made in any sufh resolution of intention. [Amendment approved May 31, 1917; Stats. 1917, p. 1370.] § 3. Resolution of intention. Form of resolution. Before ordering any work to be done under this act, the board of supervisors shall pass a resolution of intention so to do. Such resolution may, in form, and shall, in substance, be (filling all blanks) as indicated following, to wit: Act 1465, § 3 GENERAL LAWS. 792 In the matter of road 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 road district improvement act of 1907, and in the matter of road im- provement district No. , on the day of , 19. — , at the hour of — M. of that day or as soon thereafter as the matter can be heard, at the chambers of said board, to order work to be done, as follows: (Here insert a description of the wdrk, 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 , 19 — , except as the boundaries of the district and grades therein specified may be changed at the hearing of the matter hereinafter mentioned, which speci- fications 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 tlie rate of per cent per annum, payable semi-annually, and one part of the principal annually, all in gold coin and the aggregate principal of said bonds shall be paid and dis- charged within " " years from the issue thereof. A special fund for the payment of said bonds is to be constituted by the levy of special assessment taxes upon all land within a district to be known as "road improvement district No. of the county of ," (and it may be added, "and partly by transfer of moneys from county road funds"). 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 exterior 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 uj:) for hearing, and all objections, which are, under the provisions of said road district improvement act of 1907, entitled to be heard or determined, will then be heard and determined, and the bound- aries of said district and grades therein be finally determined and established. The (here insert name and character of newspaper), is hereby designated as the ncwspajier for making jiublication of this resolution and for making all other publications in the proceeding. , a competent person, is hereby appointed sui)eriutendent of work with compensation at the rate of dollars per diem for days actually spent in the performance of duty under this appointment, (or, in lieu of the paragraph last preceding, it may appear, " , a county officer is hereby ajipointed superintendent of work without compensation"). The f(ireg(iiiig r(>so]ution was, on the day of , 19 — , passed bv th<' bo.'iiil of supervisors <>!' Hie county of , state of California. Attest , ( Icrk of ihr lin:iril of su]i('rvisors of said county of , By , Deputy Clerk. 793 HIGHWAYS. Act 1465, §§ 4, 7 The principal uiul interest of tiie bonds representing the cost of work done uniler the provisions of this act, shall be payable in gold coin of the United States of America, and the board of supervisors is author- ized 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 interest to be paid thereon, which interest shall be payable semi-annually, ami to make such bonds in all respects as indicated by the form therefor, in this act hereafter provided. [Amendment approved May 31, 1917; Stats. 1917, p. 1370.} § i. Publication of resolution. Copies posted. Power to proceed. Evidence of facts. Such resolution of intention shall be filed, and be published by at least two insertions in the newspaper therein desig- nated, which shall be a newspaper published and circulated in the county, or, if there be no such newspaper, then in any newspaper desig- nated 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, or by some person appointed by him -for the purpose, posted along the line of work described in said resolution, 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 is 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 least, of the existence of all of 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 proceeding. § 7. Publication of notice inviting bids. Consideration of bids. No- tice of award to be published. Bonds accompanying bids. Successful bidder to pay for advertising. The notice inviting sealed proposals or bids shall be published by at least two insertions in the newspaper des- ignated in the resolution of intention and, not necessarily simulta- neously, 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 ])roposals or bids shall be accompanied by a check, payable to the order of the presiding officer of the board of supervisors, certified by a re- sponsible bank for an amount not less than ten per cent of the aggre- gate 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. Act 1465, § 9a general laws. 794 with two sureties qualif^-ing each in said amount over and above all statutory exemptions before an officer competent to administer an oath. 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 or 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 regu- lar proposal or bid of any responsible bidder, and may award the con- tract 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 two days and posted for five daj's 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 kejat by the clerk of said board until the contract for doing said work, as hereinafter provided, has been entered into. Tf said bidder fails, neglects or refuses to enter into the contract for said work, as hereinafter provided, then the certified cheek 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 pro- ceeding. [Amendment approved May 31, 1917; Stats. 1917, p. 1373.] § 9a. If contractor fails to carry out contract. Action to recover on bond. If the contractor shall fail to begin in good faith the work pro- vided for in said contract within the time in said contract set forth, or shall fail thereafter to prosecute said work in a workmanlike and diligent manner, or shall fail in any other respect to carry out the terms of said contract, then the board of su))ervisors shall cause written notice to be served upon said contractor, specifying the particular in which he fails to fulfill the requirements of said contract and if for a period of three days thereafter said contractor shall fail to 'remedy the defects set forth in said notice, and to prosecute said work thereafter with dili- gence and in a workmanlike manner, then the board of supervisors shall either take over said contract and complete said work, or shall relet said contract, without the necessity of advertising for bids, and cause the work to be completed, and shall declare the bond given by said contractor forfeited and order suit brf)ught thereon, and all moneys collected tlierefrom shall be jiaiil iii1o tlie general road fund of the county. If the contractor shall fail to pay for any labor or material furnished for or in the doing of said work by any person, such person may within 795 HIGHWAYS. Act 1465, §§ 13a, 14 ninety days after the making of the final order hereinafler referred to, file with the county treasurer a verified statement of such fact, and such person may thereafter within six months after the filing of such statement bring an action on said bond in his own name, or if he has assigned his claim, the action may be brought in the name of the as- signee; provided, however, that the right of the county to recover on said bond shall be superior to the rights of any such person to recover thereon; provided, moreover, that if such statement shall be filed before the expiration of twenty days from the making of such final order, then the county treasurer shall be authorized to withhold from the contractor sufficient of the bonds, issued as hereafter provided, to satisfy said claim, and costs which can reasonably b9 anticipated. [New section added May 31, 1917; Stats. 1917, p. 1373.] § 13a. Materials furnished to contractor. The board of supervisors, by a four-fifths vote, may adopt a resolution setting forth that the improvement to be made is of more than local importance, and that all or a portion of the materials needed for the improvement are to be purchased and furnished to the contractor and paid for out of the gen- eral road fund or out of the fund of the road district in which the im- provement lies, or if it lies in two or more road districts, out of the funds of such districts in a proportion to be determined by the board of supervisors, and may thereupon purchase and furnish to the contrac- tor such materials, and pay for the same in the manner set forth in said resolution; provided, however, that no material shall be furnished the contractor unless the specifications contain a statement of the kind and amount of the material to be furnished, and only in the amount and of the kind set forth in said specifications. [New section added May 31, 1917; Stats. 1917, p. 1374.] §14. Engineer of work. The board of supervisors is hereby vested with power as follows, to wit: 1. To appoint, at any stage of the proceeding before calling for pro- posals or bids, any competent engineer, to be designated "engineer of work," for the purpose of doing and furnishing all the civil engineering 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; provided, any county officer may be appointed as such engineer without com]iensation. 2. Superintendent of work. To appoint, in and as a part of the reso- lution of intention, any competent person to be designated "superin- tendent of work," whose duty it shall he to perform the services for him in this act prescribed or indicated, and to have the general actual supervision of the work. His compensation shall be fixed at the time and in the resolution of his appointment at a per diem not to exceed five dollars for all time actually devoted to the work; provided, any county officer may be appointed as such superintendent without com- pensation. Act 1465, § 15 GENERAL LAWS. 796 3. Specifications. To designate any competent person for the pur- pose of preparing and furnishing the specifications required by section two of this act, and with such designation to fix his compensation, or some basis for computing the same, or to appoint any county officer of the county without compensation. 4. Appointees. Not charge against county. Supervisors ineligible. To ajipoiut and designate other competent persons in the places respec- tively of the persons so originally appointed, with compensation, so far as practicable, proportionately the same as fixed for the original ap- pointee, and to appoint such additional persons as may be needed to carry on said work; and to fix their compensation which shall be a charge against the district. No part of such or any compensation for said officers or employees, or for se-rvices rendered by any of them shall be a charge against the county or any officer thereof; except that for furnishing specifications and posting the resolution of intention the county shall be liable in case the proceedings cease or are abandoned, before the award of the con- tract; provided, however, that whenever any county officer is appointed to any of the positions hereinabove mentioned without compensation, the actual and necessary expenses incurred under his supervision, includ- ing the compensation of other persons, made necessary by the duties of such positions shall be a charge against the county but shall be re- paid to the county by the contractor as in the following section provided. No member of the board of supervisors shall be eligible to appoint- ment to any office, position or employment under this act, except as county officer without pay. [Amendment approved May 31, 1917; Stats. 1917, p. 1375.] § 15. Costs paid by contractor. All the costs and expenses of the proceeding, inclusive especially of the compensation of the person ap- pointed to furnish the specifications, of the superintendent of work, of the engineer of work, of the cost of all publications under this act re- quired to be made, shall be 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 if said costs and expenses are not paid within ten days after the notice given that said l)onds, excepting such number thereof as may be withheld to satisfy claims filed as liereinabove provided are ready for delivery, a sufficient iiumlter of said bonds maj' be sold at not less than ninety-five per cent of their face value to fully satisfy said costs and expenses, any surplus over said costs and expenses obtained liy sucli sale to be paid to said contractor; |)rovided, further, that tiie (iiiinty ticasiin'r may make de- ]i\cry of sni'li bomls, if thcic he dt'iiosilcil with liiiii, subject to the Older of the lioard of supi'iv Isois. iiKincy lo the amount of the costs and expenses cliar^cnlilf lo the i-onl rarfor as the same is stated in the attested ori- •■iiid all persons clainiinji under him any Inten.-st in said lioiid.s, wlictlicr of ownership, lien or otherwise, Hhall he decMued to have notice ot the (imlciits of this section. |Amend- nicnl ajpprovcd May 'M, 1917; Hlals. 1917, p. 1376. ]> 797 HIGHWAYS. Act 1466, §§ 16, 18a ACT 1466. An act to allow unincorporated towns and villasfos to establish, equip and maintain systems of street lights on juiblic 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-officio boards of supervisors. I Approved March 20, 1909. ^tats. 1909, p. rj;il.J Amended 1911, p. 439; J913, p. 447; 19]"), p. «)4;:1; 1917, ]>. ]r,-2\. The amendment of 3917 follows: § 16. Disposition of funds. Remainder transferred to city treasurer. The revenue derived from said tax, together with all other moneys ac- quired in any manner whatsoever 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; pro- vided, however, that any funds arising from assessments made under the provisions of this act, and remaining in said county treasury after the payment of all outstanding legal obligations incurred by the district, shall be ordered transferred, by the board of supervisors of the county in which such district is situated, to the city treasurer of the city, if any there be, that has been incorporated since the formation of said district, and which includes within its corporate limits such district or any considerable portion thereof. If such incorporation has not taken place, then said funds so remaining in said county treasury shall be trans- ferred to a separate fund and, upon the order of the board of supervisors of the county, shall be repaid pro rata to the persons by whom the assess- ments were originally paid. [Amendment approved June 1, 1917; Stats. 1917, p. 1521.] § 18a. Annexation of territory. Petition. Notice. Hearing. Order granting petition. Tlie boundaries of any such highway lighting district may be altered and outlying contiguous territory in the same county in which a lighting district is situated annexed thereto in the follow- ing manner: A petition signed by the owners representing at least one- fourth in number of the total owners of real property, and at least one-fourth of the assessed valuation, as shown by the last equalized assessment-book of the county in which such lighting district is situated, of the real property, in such contiguous territory proposed to be an- nexed, designating the boundaries of such contiguous territory proposed to be annexed and the number of owners of real property in such terri- tory and the assessed valuation thereof, as shown by said last equalized assessment-book, and stating that such proposed territory is not within the limits of any other lighting district, and asking that such territory be annexed to said lighting district, shall be presented to the board of supervisors of the county in which said lighting district is situated. At their first regular meeting after the presentation of said petition, said board of supervisors shall cause notice of said petition to be pub- Act 1466, § 18b GENERAL LAWS. 798 lished in a newspaper published and circulated in the county in which said lighting district is situated, if there be such a newspaper, other- wise by posting copies of said notice in three of the most conspicuous places in said territory proposed to be annexed, for three weeks prior to the date to be fixed by said board of supervisors for hearing said petition. Upon the date fixed for said hearing, or to which it may be continued, said board of supervisors shall take up and consider said petition, and any objections thereto which may be filed or to the in- clusion of any property in said district. Said board of supervisors shall have the power, by order entered on its minutes, to grant said petition either in whole or in part, and by order entered on its minutes to alter the boundaries of said lighting district, and annex thereto all, or such portion of said contiguous terri- tory, described in said petition, as will be benefited by inclusion in said lighting district. No territory which will not be so benefited, or which is not contiguous to said lighting district, or which is not de- scribed in said petition shall be included in said district. Such order shall be conclusive evidence of the validity of all prior proceedings leading to the annexation or recited in said order, and from and after the making of said order, such territory shall become and be a part of such lighting district and shall be taxed, together with the remainder of said district, for all taxes to be thereafter levied by said board of supervisors, for the maintenance of said lighting district. [New section added June 1, 1917; Stats. 1917. p. 1522.1 § 18b. If district annexed to city. If part of district annexed. Upon the annexation of all or of any portion of the territory embraced in any such lighting district to an incorporated city or city and county, all funds paid into the county treasury to the credit of the lighting fund of such district, if the whole of such district shall be annexed, shall be turned over by the board of supervisors of such district to the treasurer of said incorporated city, or city and county, and admin- istered by the legislative body of said incorporated city, or city and county; said legislative body shall have all of the powers and perform all of the duties granted to or imposed upon the board of supervisors of the county in which such district is located and of the board of supervisors of said district, and shall carry out the provisions of this act as to such district to the same purpose and extent as if originally constituted, under the provisions of this act, the governing body thereof. Upon the expenditure of the funds and the discharge of the obligations and liabilities of any sucli lighting district, tlie whole of which has been annexed to an incorporated city, or city and county, such district shall ipso facto be dissolved with the same force and effect as if dis- solved under the provisions of section eighteen of this act. In the event of the anuexation of a portion of the territory embraced in any such lighting district to an incorporated city, or city and county, such pro- portionate part of the funds collected for the benefit of such district and remaining unexpended as the area of the territory so annexed bears to the tot;il area of said district, shall be paid over to the treasurer of such i;icorporated city, or city and county, in the manner hereinabove 799 HISTORIC PROPERTY. Acts 1467a-1468d, § 4 provided, aud administered by the legislative body of such city, or city and county, until the same are exjieuded, for the benefit of the portion of such district so annexed. Upon the expenditure of such funds in the manner required in this act the territory of such district so an- nexed shall be deemed to be withdrawn from said lighting district and thereafter the remaining territory embraced in said district and not so annexed shall, upon a resolution adopted by the board of supervisors of the county in which such territory is located, be and become a light- ing district within the meaning of this act a-^nd so remain until dis- solved as provided in this act. [New section added June 1, 1917; Stats. 1917, p. 1523.} A.CT 1467a. A.n act expressing assent of the state of California to the provisions of the act of congress approved July 11, 1916, entitled "An act to provide that the United States shall aid the states in the construc- tion of rural post roads, and for other purposes." [Approved March 21, 1917. Stats. 1917, p; 20. In effect July 27, 1917.] § 1. Assent to act of congress approved July 11, 1916. The state of California hereby assents to the provisions of the act of congress ap- proved July 11, 1916, entitled "An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes." TITLE 230. HISTORIC PROPERTY. ACT 1468d. An act to create a commission for the purpose of making a survey of local historical material in the state of California; defining the power and duties of said commission; and making an appropriation therefor. ' [Approved June 12, 1915. Stats. 1915, p. 1528.] Amended 1917; Stats. 1917, p. 572. The amendment of 1915 follows: § 4. Purpose of commission. Models of mission buildings. Notice. The purpose of this commission shall be to make a survey of the ma- terial on local history within the state of California by investigating documents in local depositories and in the possession of private individ- uals and other sources of original information on the early history of the state of California and to compile, keep and publish a record of such sources of information; and to investigate and acquire information as to the physical characteristics of the several missions which were main- tained in the state of California under the charge of the Franciscan fathers prior to the time of the secularization thereof, and to cause to be made a record thereof, and to be created models of the several mission buildings and outbuildijigs connected therewith, which shall be accurate representations of the mission buildings and outbuildings con- Acts 1530, 1530a, § 1 general laws. 800 nected with the same as they were at the time when the Franciscan fathers were in charge, and the same shall be known respectively as the California model of each particular mission in question, and the said commission shall cause to be prepared plans and specifications suffi- cient in detail to enable any of said buildings and outbuildings to be restored, and the commission shall have authority to pass upon and determine the relative accuracy of information to be obtained and to establish for the state the models and plans and specifications thereof; provided, however, that no model shall thus be established as the cor- rect model of any mission unless the said commission shall first have published for a period of at least sixty days a notice to the public fixing a time and place at which any person interested in the said respective mission, or having information as to the condition of said mission build- ings, or any part thereof, may present to the commission facts, papers, documents, records or other information substantiating the said person's ideas as to the condition of said mission buildings at the time in ques- tion, which notice must be published in one newspaper in the city of San Francisco, one newspaper in the city of Sacramento, one newspaper in the city of Los Angeles, and one newspaper in the county in which said mission building was situated. TITLE 241. HOTELS. ACT 1530. An act to regulate the building and occupancy of hotels and lodging- houses in incorporated towns, incorporated cities, and cities and counties, and to provide penalties for the violation thereof. [Ap- ],rovcd -Tune 1(5, 1913. Stats. 1913, p. 1429.] Repealed 1917; Stats. 1917, p. 1422. See next Act. ACT 1530a. An act to regulate the erection, construction, reconstruction, moving, alteration, maintenance, use and occupancy of hotels, and the main- tenance, use and occupancy of the premises and land on which hotels are erected or located, in all parts of the state of California, includ- ing incorporated towns, incorporated cities, and incorporated cities and counties, and to jirovide penalties for the violation thereof; and repealing an ad act entitled "An act to regulate the building and occufiancy of hotels and lodging-houses in incorporated towns, in- corporated cities, and cities and counties, and to provide penalties for the violation thereof," aiiindvcd .Innc IC, 1913, Statutes of (!ali- fornia of 1913, page 1429. [Approved May 31, 1917. Stals. 1917. j.. 1122. In cllVct SephMnbor 1, 19 17. I §1. Title. This act slrill lie kiMiwii as the '■state IidIcI and lodging- house act," and its pr(i\ isuins sliall appiv In all parts of the state of California, iriclinrniL,' iii<(irp(iiatc(| towns, incor[H)iate(l cities, and incor- porated cities and counties. 801 HOTELS. Act 1530a, § 2 § 2. Duty of building depattment. Duty of housing department. In case no such departments. Enforcement. Power of commission of im- migration and housing, it shall be the duty uf the "building depart- ment" of every incorporated town, incorporated city, and incorporated city and county, to enforce all the provisions of this act pertaining to the erection, construction, reconstruction, moving, conversion, alteration and arrangement of hotels and to issue the certificate of "final com- pletion" hereinafter provided. It shall be the duty of the "housing department" and if there is no housing department the health department of every incorporated town, incorporated city, and incorporated city and county to enforce all of the provisions of this act pertaining to the maintenance, sanitation, ven- tilation, use and occupancy of hotels after said hotels have been erected, constructed or altered, as the case may be, and the certificate of "final completion" has been issued by the building departmeiit and to issue the "permit of occupancy" as hereinafter provided. In the event that there is no building department or no housing de- partment or health department in an incorporated town, incorporated city or incorporated city and county, it shall be the duty of the ofiicer or oihcers who are charged with the enforcement of ordinances and laws regulating the erection, construction or alteration of buildings, or the maintenance, sanitation, ventilation or occupancy of buildings, or of the police, fire or health regulations in said incorporated town, incorporated city or incorporated city and county to enforce all of the provisions of this act. In every county it shall be the duty of the officer or officers who are charged with the enforcement of ordinances or laws regulating the erec- tion, construction or alteration of buildings, or of the maintenance, sanitation, occupancy and ventilation of buildings, or of the police, fire or health regulations in said county, to enforce all of the provisions of this act outside of the limits of any incor]:)orated town or incorporated city. EVery incorporated town, incorporated city, or incorporated city and county in the state of California shall have authority, and it is hereby empowered and given autiiority, to designate and charge by ordinance any other department or officer than the department or officers mentioned herein, with the enforcement of this act, or any portion thereof. The commission of immigration and housing of California shall have, and it is hereby empowered and given authority to enforce the provisions of this act, which do not pertain to the actual erection, construction, reconstruction, moving, conversion, alteration and arrangement of hotels in all parts of the state of California, including all incorporated towns, incorporated cities, incorporated cities and counties, in the state of Cali- fornia, whenever said commission finds or discovers a violation or viola- tions of the provisions of this act and notifies the local department or officer, or departments or officers who are charged with the enforcement of the provisions of this act, in writing, of such violation or violations, and the said local department or officer, or departments or officers, fail, neglect or refuse to enforce tlie provisions of the said acf within thirty days thereafter; provided, however, that the said commission of im- 51 Act 1530a, §§ 3-6 general laws. 802 migration and housing of California shall enforce the provisions of this aet only in the instances specified in said written notice. § 3. Unlawful to construct hotel contrary to act. It shall be unlaw- ful for any person, firm or corporation, whether as owner, agent, con- tractor, builder, architect, engineer, superintendent, foreman, plumber, tenant, lessee, lessor, occupant, or in any other capacity whatsoever, to erect, construct, reconstruct, alter, build upon, move, convert, use, occupy or maintain, or to cause, permit or suffer to be erected, constructed, re- constructed, altered, built upon, moved, converted, used, occupied oi maintained any hotel or any portion thereof contrary to the provisions of this act, or to commit or maintain or cause or permit to be committed or maintained any nuisance in or upon any hotel or any portion thereof, or any of the premises, yards or courts which are a part thereof, or which are required by the provisions of this act; or to do or cause to be done, or to use or cause to be used, any privy, sewer, cesspool, plumb- ing or house drainage affecting the sanitary condition of any hotel or any portion thereof, or of the premises thereof, contrary to any of the provisions of this aet. § 4. Alterations. It shall be unlawful for any person to make any alterations or changes or reconstruction work of any kind whatsoever, to any hotel erected prior to the passage of this act, or to any hotel hereafter erected, or to increase the height, in any manner which would be inconsistent with any of the provisions of this act, or in violation of the said provisions of this act; or in any manner to diminish the size of the yards, courts or shafts or the size of windows or skylights, or to remove any stairway or fire-escape, or to obstruct the egress from such building or from the hallways or stairways, or to do anything that would affect the ventilation and sanitation of the building, contrary to any of the provisions of this act. § 5. Building converted, to use as hotel. Building moved. Building reconstructed. A building not erected for, or which is not used as a hotel at the time of the passage of this act, if hereafter converted to or altered for such use, shall thereupon become subject to all of the provisions of this act affecting hotels hereafter erected. A building used as a hotel at the time of the passage of this act, if moved, shall be made to conform to all of the provisions of this act affecting hotels hereafter erected, in so far as they pertain to the per- i-entage of lot occupied and the size of outer courts, inner courts bounded by a lot line, and yards. It shall be unlawful to reconstruct any hotel which is hereafter dam- aged by fire or the elements to an extent in excess of fifty-one per cent of its physical proportions, unless the said building is made to conform to all the provisions of this act affecting hotels hereafter erected. § G. Penalty for violation. Any jicrson, firm or corporation violat- ing any of lin! j)ioviHions of lliis act shall be deeined guilty of a mis- demeanor, and upon conviction thereof shall be punishable by a fine not exceeding five liundred dollars, or by imjirisonment in a county jail not exceeding six months, or l)y both sudi fine ami imprisonment, and in 803 HOTELS. Act 1530a, § 7 addition to tiie penalty tlierofor, shall be liable for all costs, expense and disbursements paid or incurred by the department, by any of the officers thereof, or by any agent, employee or contractor of same, in the jirosecution of such violation. The costs, expense and disbursements by this section provided shall be fixed by the court having jurisdiction of the matter. Procedure. Except as herein otherwise specified, the procedure for the (ircvciition of violations of this act, for the vacation of hotels or premises unlawfully occupied, or for the abatement of a nuisance in connection with a hotel, or the premises thereof, shall be as set forth in the charter and ordinances of the municipality in which the procedure is instituted. §7. Permit to erect hotel. Application for permit. Affidavit. Per- mit issued. Revocation. Plans kept on premises. Permit for nominal alterations. Expiration of permit. In every incorporated town, incor- porated city, and incorporated city and county, it shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion or alteration of a hotel, or to move or to build upon a hotel, or to convert a building or any portion thereof into use as a hotel with- out first obtaining a permit in writing so to do from the department charged with the enforcement of this act; Any person, firm or corpora- tion desiring such a permit shall file an application therefor with the department charged with the enforcement of this act. Said application shall give a detailed statement in writing, verified under oath by the person making the same, of the erection, construction, reconstruction, moving, conversion, or alteration, as the case may be, upon blanks or forms to be furnished by the said department. The said application must be accompanied with a full, true an'd complete set of the plans of the hotel, or alteration, or work proposed, as the case may be, to- gether with a set of specifications describing the materials proposed to enter into the construction of the proposed work, also a plan of the lot on which such building is proposed to be erected, constructed, recon- structed, converted, altered or moved, as the case may be. Such state- ment shall give in full the name and address by street and number of the owner or owners, also the name and address of the architect and of the contractor, if there be svtch an architect or contractor; also shall give such other data and information as in the judgment of the depart- ment charged with the enforcement of this act is deemed necessary. The affidavit to said application shall allege that the plans and speci- fications are true and contain a correct description of the proposed hotel, lot and proposed work. If any person other than the owner makes such affidavit, such person shall not be recognized except that he allege in his affidavit that he is authorized and empowered by the said owner to act for him and to sign the required affidavit. Said department charged with the enforcement of this act shall cause all such plans, specifications and statements to be examined, and if it appears that they conform to the provisions of this act, shall then issue a permit to the person sub- mitting the same. Said department may, from time to time, approve changes in any plans, specifications or statements previously approved by it; provided, that all changes when so made shall be in conformity with the provisions of this act. Said department shall have the power to Act 1530a, § 8 general laws. 804 revoke or cancel any permit or approval that it has [)reviously issued in case of any refusal, failure or neglect of the person to whom such permit or approval has been issued to comply with any of the provisions of this act, or in case any false statement or misrepresentation is made in any of the said plans, specifications or statements submitted or filed for such permit or approval. The erection, construction, reconstruction, moving, alteration or conversion of any such hotel, as the case may be, shall be made in accordance with the plans, specifications and statements submitted or filed, and for which the permit is issued. A true copy of the plans, specifications and other information sub- mitted or filed, upon which a permit is issued, with the approval of the department with which they are filed, stamped or written thereon, shall be kept upon the premises of the hotel or work for which the said permit is issued, from the commencement of the said building or work to the final completion of same, and shall be subject to inspection at all times by proper authorities. The department charged with the enforcement of this act may, at its discretion, issue a permit in case of nominal alterations or repairs, when application is made therefore, in writing, by the owner or his agent, when the making of said nominal alterations and repairs do not aifect any structural feature or the sanitation or the ventilation of the hotel, with- out requiring the filing of plans or specifications. The issuance or granting of a permit or approval by the department charged with the enforcement of this act under the authority of this section shall not be deemed or construed to be a permit or an approval of the violation of any of the provisions of this act. Every permit or approval which is issued by the department charged with the enforcement of tins act, but under which no work has been done within ninety days from the date of issuance, or where work has been suspended for a period of ninety days, shall expire by limitation and a new permit shall be obtained before the work may be done. § 8. "Certificate of final completion" and "permit of occupancy." Re- newal of permit of occupancy. Certificate issued. Pennit issued. Hotel occupied without certificate or permit deemed nuisance. In every incor- porated town, incorporated city, and incorporated city and county, it shall be unlawful to occupy or to permit to be occupied, any hotel here- after erected, constructed, reconstructed, altered, converted or moved, as the case may be, or any portion thereof, for human habitation until the issuance of a "certificate of final completion" and a "permit of oc- cupancy" by the department or departments charged with the enforce- ment of this act. It shall also be unlawlul lu occupy any existing iiotol until a permit of occupancy has been issued by the department designated to issue such permit. Every permit of occupancy shall be renewed each calendar year by the department designated to issue the said permit; provided, that no structural alteration, or changes have occurred since the issuance of the certificate of final completion; and provided, that all other provisions of this act have been complied with. Any person desiring a certificate shall file a notice with the depart- ment charged with the enforcement of this act. Said department shall 805 HOTELS. Act 1530a, §§ 9, 10 cause an iuspection to be made of the said hotel or portion thereof, or work described in the said notice, within ten days after written appli- cation therefor, and shall issue a "certificate of final completion" if it is found that all the provisions of this act, regulating the erection, con-, struction, alteration or moving, as the case may be, have been complied with. The department charged with the enforcement of this act and desig- nated to issue the permit of occupancy, shall issue the said "permit of occupancy" upon application, in writing, therefor by the owner or his agent, and upon the filing by the owner or his agent of such statements or records required by the department, after the "certificate of final completion" has been issued; provided, that no violations have occurred since the issuance of the certificate of final completion, or, in the ease of a hotel erected prior to the passage of this act, and for which no certificate of final completion has been issued, then after the said de- partment has caused an inspection to have been made of the said hotel and has found that all of the provisions of this act applying to such hotel have been complied with. All permits and certificates shall be made in duplicate and a copy shall remain on file in the department issuing them. Any hotel hereafter erected, altered, converted or moved, which is occupied, or any portion thereof which is occupied for human habitation, prior to a "certificate of final completion" or a "permit of occupancy" being issued, shall be deemed a nuisance and the department or depart- ments charged with the enforcement of this act may cause it to be vacated, until the said certificate of completion and permit of occupancy have been obtained in accordance with the provisions of this act. § 9. Power to enter hotel. The department or departments charged with the enforcement of this act in any incorporated town, incorporated city, and incorporated city and county, or county, and the authorized officers, agents or employees of such department or departments, may, whenever necessary, enter hotels or portions thereof, or the premises thereof, within the corporate limits of such towns, cities, cities and counties, or counties, for the purpose of inspecting such buildings, in order to secure compliance with the provisions of this act and to pre- vent violations thoreof. The members of the commission of immigration and housing of Cali- fornia and the agents, officers or employees of said commission may, whenever necessary, enter hotels or portions thereof, or the premises thereof, for the purpose of inspecting such buildings in order to secure compliance with the provisions of this act and to prevent violations thereof. The owner or his authorized agent may, whenever necessary enter hotels or portions thereof, or the premises thereof, owned by him to carry out any instructions or to perform any work required to be done by the provisions of this act. § 10. Definitions. For the purpose of this act, certain words and phrases are defined as follows, unless it shall be apparent from their context that they have a different meaning: Words used in the singular include the plural, and the plural, the singular. Act 1530a, § 10 general laws. 806 Words used in the present tense include tlie future. "Words used in the masculine gender include the feminine, and the feminine, the masculine. , Words "building departments," "health department," "housing depart- ment," "department charged with the enforcement of this act," "fire commissioner," shall be construed as if followed by the words, "of the incorporated town, incorporated city, incorporated city and county, or county," as the case may be, in which the hotel is situated. "Approved" means whatever material, appliance, appurtenance, or other matter meets the requirements and approval of the department charged with the enforcement of this act, or which is approved by local ordinance of the municipality in which the building is situated, or any appliance, appurtenance, or other matter which conforms to the requirements of, and bears the approval of the "national board of fire underwriters"; provided, however, that no such material, appliance, appurtenance or other matter shall be deemed "approved" for use where, or in such a manner as would be inconsistent with the intent, or spe- cific provisions of this act. "Basement" is any story or portion thereof partly below the level of the curb or the actual adjoining ground level, the ceiling of which in no part is less than seven feet above the curb level or actual adjoin- ing ground levels. If the adjoining ground is excavated to or below the curb level, or to or below the adjoining natural ground level, such excavated space shall have not less than the minimum width and length required in this act for outer courts. Every basement is a story. "Building" is a hotel. "Building department" means the commissioner of buildings, super- intendent of buildings, chief inspector of buildings, or any officer or department charged with the enforcement of ordinances and laws regu- lating the construction and alteration of buildings or structures. "Cellar" is any story or portion thereof, the ceiling of which in any part is less than seven feet above the curb level and actual adjoining ground levels. "Court" is an open, unoccupied space other than a yard on the lot on which is situated a hotel. A court, one entire side or end of which is bounded by a front yard, a rear yard or a side yard, or by the front of lot, or by a street or a public alley, is an "outer court." Every court which is not an "outer court" is an "inner court." Every court shall be open and unobstructed to the sky from a point not more than two feet above the floor line of the lowest story in the building in which there are windows from rooms abutting the said court, except that a cornice on the building may extend into an "outer court" two inches for each one foot in width of such court, and a cornice may extend into an . "inner ('(11111" one iudi for each one foot in width o^' such court. "Curb Icvcd" is tlie curb level opposite the center of the "front of lot." Wlierevijr the word "dej)art nient" is used it means the building de- jiartment, tlie housing de|):irtnient, 1l:e liealtli dej)artmcnt or such other (l(!partment or officer, or departnu'iits or officers, who arc charged with the enforcement of the provisions of this act. "Dormitory" is a room in which more than two persons are "guests" and are not living together, and shall, for the purpose of computing 807 HOTELS. Act 1530a, § 10 the luiniber of rooms, be deemed a separate guest room for ,each one hundred square feet of superficial floor area therein. "Fireproof hotel" is a building wherein all the exterior and' interior loads or strains are transmitted to the foundation by means of concrete, reinforced concrete, brick, stone or by means of a skeleton framework of steel or iron; the exterior walls, inner court walls and roof constructed of concrete, reinforced concrete, brick, stone or hollow terra cotta tile; where all the structural steel or iron is thoroughly fireproofed by con- crete, cement plaster, tile, brick or sandstone, not less than two inches thick; where all the interior partitions are constructed of either hol- low terra cotta tile blocks, gypsum blocks, brick, concrete, reinforced concrete, or of metal studs lathed with metal lath and plastered not less than three-quarters inch thiclc including the lath, or of metal studs lathed with approved plaster board and plastered not less than three-quarters inch thick including the plaster board, or constructed of wire glass not less than one-fourth inch thick, set in metal frames and sash, and all other materials used in the said building are of approved incombustible material except that the glass in windows, transoms, or doors may be of plain glass, and except that doors, frames, sash and the usuall trim of rooms, hallways, corridors, and passage-ways may be of wood, and except that wood floors may be placed on top of the floors constructed of incombustible materials, except in the public hallways. "Guest" is any person hiring and occupying a room for sleeping pur- poses, and shall include both boarders and lodgers. ' "Guest room" is a room which is occupied, or is intended, arranged or designed to be occupied for sleeping purposes by one or more guests, but shall not be deemed to include dormitories used for sleeping purposes. "Hotel" is any house or building, or portion thereof, containing six or more guest rooms which are let or hired out to be occupied, or which are occupied by six or more guests, whether the compensation for hire be paid directly or indirectly in money, goods, wares, merchandise, labor or otherwise, and shall include Turkish baths, bachelor hotels, studio hotels, public and private clubs and any building of any nature whatsoever so designed or occupied, except hospitals where persons temporarily reside and where each such person receives regular bona fide medical attend- ance on the premises, and jails, detention buildings and similar build- ings where human beings are housed and detained under restraint. "Housing department" is any department or commission charged with the enforcement of ordinances or laws regulating the occupancy and maintenance of hotel, lodging-house or dwelling-house buildings; and where no such department is maintained, shall be deemed to be the health commissioner, the department of health, health officer, or similar department charged with the enforcement of laws and ordinances relat- ing to the protection of the pviblic health. "Lot" is a parcel or area of land on which is situated a hotel, together with the land, yards, courts and unoccupied spaces for such a hotel as required by this act; all of which land shall be owned by or be under the absolute lawful control and in the lawful possession of the hotel. A lot situated at the junction of two or more intersecting streets, with a boundary line thereof bordering on each of the two streets, is a "cor- ner lot." All parts of the width of such corner lot which are distant Act 1530a, § 10 general, laws. 808 more than seventy-five feet from the junction point of the two or more intersecting streets, shall be deemed to be an "interior lot." The owner or his authorized agent may designate either street frontage as being the front of such corner lot for the purpose of determining the width thereof. A lot which has only one boundary line bordering on a public street is an "interior lot." "Rear lot" is a parcel or area of laud having no boundary line bor- dering on a street, or having less than one-half of its width as a bound- ary line bordering on a street. "Fi-ont of lot" is the boundary line of lot bordering on the street. In case of a corner lot, either of the boundary lines may be the "front of lot." "Rear of lot" is the boundary line thereof opposite the "font of lot." "Depth of lot" is the mean distance from the "front of lot" to the "rear of lot." "Nuisance" embraces public nuisance as known at common law or in equity jurisprudence, and whatever is dangerous to human life or detri- mental to health; and shall also embrace the overcrowding with occu- pants of any room, insufficient ventilation, or illumination, or inadequate or insanitary sewerage or plumbing facilities, or uncleanliness, and what- ever renders air, food or drink unw^holesome or detrimental to the health of human beings. "Person" is a natural person, his heirs, executors, administrators or assigns; also includes a firm, partnership, or corporation, its or their successors or assigns. "Public hallway" is a hallway, corridor, passageway or vestibule not within a suite, and includes stairways, landings and platforms. "Rear hotel" is a hotel on a "rear lot." "Semi-fireproof hotel" is a building with all exterior walls and walls of inner and outer courts constructed of brick, stone, concrete, rein- forced concrete or hollow terra cotta tile, except that the walls of an inner court, which court is surrounded on four sides by the same build- ing, may be constructed as provided in this act for such inner courts; interior partitions and floors constructed of approved incombustible materials or of wood, with all ceilings, partitions, soffits of stairways, and outside stringers of open stairways and stair-wells metal lathed and plastered not less than three-quarters inch thick including the lath, or lathed with approved plaster board, plastered not less than three-quar- ters inch thick including the plaster board; in which all finislied floors, frames, doors and the usual trim of rooms and hallways may be built of wood, and the roof of which shall be covered with at least a compo sition fire-retardant material. "Shall." Whenever this word is used it shall be mandatory. "Street" is any public street, alley, thoroughfare or park having a minimum width of sixteen feet, measured from the "front of lot" to the opposite "front of lot" and which shall have been dedicated or d(^<'(ied to th(! public for jiiiblic use. "Turkish Vjath" is a dormitory or !i conihiiiation of guest rooms, ac- commodating six (fi) or more guests, in connection with which any form of }i;ith or massage is given by the attendants to the guests. 809 HOTELS. Act ]530a, §§11, 12 "Wooden hotel" is a building which does not fully comply with the requirements for a fireproof or a semi-fireproof hotel as defined in this act, and shall include all frame and all veneered buildings. In every such building all ceilings and walls and partitions of public hallways, soffits of interior stairways and the outside stringers of open stairways and stair-wells shall be metal lathed and plastered not less tlian three- quarters inch thick including the lath, or lathed with an approved plaster board and be plastered not less than three-quarters inch thick including the plaster board. "Yard" is an open unoccupied space other than a court on the Jot on which is situated a hotel, open and unobstructed to the sky from a point not more than two feet above the floor line of the lowest story in the building in which there are windows from rooms abutting the said yard; except that outside stairways, platforms and balconies, con- structed of open metal work and fire-escapes may extend not more than four feet into a yard, providing they do not in any manner obstruct the light or ventilation of rooms. If such yard is between the front line of the building and the front boundary line of the lot, it is a "front yard." If it is between the extreme rear line of the building and the rear of the lot, it is a "rear yard." If it extends from the rear yard to the front yard, or front of lot, it is a "side yard." § 11. Front yard. No hotel shall hereafter be erected on or moved onto a rear lot. No building for any purpose shall hereafter be erected in front of any hotel unless there shall be left unoccupied a front yard extending from the front of the rear hotel to the front line of lot bor- dering on the street. Such front yard shall not be in any part less in width than fifty (50) per cent of the actual width of the rear hotel. § 12. Height. No fireproof hotel hereafter erected shall exceed one hundred fifty feet in height, nor more than one and one-half times the width of the widest street to which the lot on which it is situated abuts No semi-fireproof hotel building hereafter erected shall exceed six stories at any point, nor more than sixty-five feet in height (except as hereinafter provided), nor more than one and one-half times the width of the widest street to which the lot on which it is situated abuts. No wooden hotel hereafter erected shall exceed three^^ stories at any point, nor more than thirty-six feet in height (except as hereinafter provided), nor more than one and one-half times the width of the widest street to which the lot on which it is situated abuts. The width of the street, for this purpose, shall be measured from the extreme front of the building to the "front of lot" opposite, across the street. For the purpose of this section, a basement is a story. The height of a fireproof hotel is the perpendicular distance from the curb level or adjoining ground levels to the highest point of the roof. The height of a semi-fireproof or of a wooden hotel is the perpendicular distance from the curb level or adjoining ground levels to the lowest point of the finished ceiling of the top story; provided, that in the case of a semi-fireproof hotel situated on a lot with the ground sloping down- ward from the facade at which the measurement is taken the height of the building shall not at any point exceed sixty-five feet above the curb Act 1530a, §§ 13-16 general laws. 810 level measured on the facade facing the street, nor shall the height of the building at any point of the grade exceed seventy-five above the adjoining curb in case of a corner lot, or above the level of the ground in the case of an interior lot, and in the case of a wooden hotel situated on a lot with the ground sloping downward from the facade at which the measurement is taken the height of the building shall not at any point exceed thirty-six feet above the curb line measured on the facade facing the street, nor shall the height of the building at any point of the grade exceed forty-six feet above the adjoining curb in the case of a corner lot or above the level of the ground in the case of an interior lot. § 13. Yard, serving two hotels. Distance between buildings. In no event shall any yard or court be made to serve the purpose of two hotels hereafter erected, or of an existing hotel and a hotel hereafter erected, unless such yard or court, as the case may be, is of the full size required for two hotels, and then only in the event that such yard or court, as the case may be, is located on the same lot and owned by or in the absolute lawful control and in the lawful possession of the hotel it proposes to serve. Where a hotel, now or hereafter erected, stands upon a lot, no other building shall hereafter be placed upon the front or rear of that lot, unless the minimum distance between such buildings shall be at least ten feet and two additional feet shall be added to such minimum distance of ten feet for every story more than one in height of the highest building on such lot. § 14. Depth of rear yard. The depth of a .rear yard shall be meas- ured at right angles from the extreme rear line of the building towards the rear lot line. § 15. Minimum size of rear yard. The minimum size of every rear yard for a hotel hereafter erected shall be not less in width and in area thai; an inner court, except that if such rear yard is bounded on its entire one end or side by an outer court, or by a side yard or by a street, or by a public alley or park, then such rear yard shall be not less in width or exceed the maximum length of an outer court; provided, how- ever, that if the lot extends through from one street to another street or public alley^ one-half of the narrowest street or public alley, to which said lot abuts may be considered as a part of the lot in computing the rear yard required. § 16. Passageway to street. Every rear yard not bordering on a street or public alley and witliout direct access thereto shall have access to a street or public alley by means of an unobstructed passageway not less than three feet six inches in clear width, nor less than seven feet in clear height; and if such passageway or any portion thereof passes through a l)uilding, such portion thereof shall be built of approved in- combustible materials, or shall be lathed with metal lath or approved plaster board and be plastered not less than tlirce-quarters inch thick including llie lath or plaster board, or shall be lined with not less than number twenty-six (gauge) galvanix,ed iron, and shall be drained and lighted. 811 HOTELS. Act 1530a, §§17-20 § 17. Excavated front yard. Every front yard which is excavated below the level of the curb or below the adjoining ground level for the purpose of furnishing light and ventilation to a basement shall in no part be less in width and length than required for outer courts. § 18. Width of side yard. The width of every side yard shall be not less than the width required for an outer court, except that the pro- visions of this act regarding the maximum lengths of an outer court shall not apply to a side yard; provided, that if there is a side yard on both sides of the building connected one with the other across the rear of the building by the rear yard, then the width of the side yards may bo reduced twelve inches. § 19. Minimum size of outer court. The minimum size of every outer court for a hotel hereafter erected shall be as follows: Height of building based on the full number of | | stories in the building measured upward from | and including the lowest story in which | there is a guest room or guest rooms, or a dormitory or dormitories . Minimum width of court Maximum length of court 4 ft. m. 16 ft. in 4 ft. in. 16 ft. in 4 ft. 6 m. 25 ft. in 5 ft. G. m. 30 ft. in 6 ft. m. 35 ft. in 8 ft. m. 35 ft. in 10 ft. m. 40 ft. in 12 ft. m. 40 ft. in 13 ft. n. 40 ft. in. 14 ft. : n. 40 ft. in. 1 story , 2 stories 3 stories 4 stories 5 stories 6 stories 7 stories 8 stories 9 stories 10 or more stories. There shall be added to the minimum width of each such outer court six inches for each five feet or fractional art thereof in excess of the maximum length; provided, however, that the maximum lengths herein provided shall not apply when the outer court is bounded on one side for its entire length by a lot line; provided, further, that if an outer court is bounded by a public alley or public park, the width of such public alley or public park may be considered a part of the lot in determining the required width of the outer court. § 20. Minimum size of inner court. The minimum size of every inner court for a hotel hereafter erected shall be as follows: Height of building based on the full num- ber of stories in the building measured up- ward from and including the lowest story in which there is a guest room, or guest rooms, or a dormitory or dormitories Minimum area Minimum [ of court width of court in square feet 6 ft. in. 75 square feet 6 ft. in. 75 square feet 7 ft. in. 120 sc|uare feet 8 ft. in. 160 square feet 12 ft. in. 250 square feet 16 ft. in. 400 square feet 20 ft. in. 625 square feet 24 ft. in. 840 square feet 1 story 2 stories 3 stories 4 stories . 5 stories 6 stories 7 stories 8 stories and more. Actl530a, §§21, 22 GENERAL LAWS. 812 provided, however, that the minimum size of every inner court which is bounded on one side for its entire length by a lot line may be as follows: Height of building based on the full num- ber of stories in the building measured up- ward from and including the lowest story in which there is a guest room, or guest rooms, or a dormitory or dormitories Minimum Minimum area width c f court of court 5 ft. in. 75 square feet 5 ft. in. 75 square feet 6 ft. in. 120 square feet 7 ft. in. 160 square feet 9 ft. in. 250 square feet 16 ft. in. 400 square feet 20 ft. in. 625 square feet 24 ft. in. 840 square feet 1 story 2 stories 3 stories 4 stories 5 stories 6 stories 7 stories 8 stories and more. Every inner court hereafter constructed and every inner court or vent shaft now in any hotel or lodging-house shall be provided with a door or window at or near the bottom thereof, giving sufficient access to such court or vent shaft as to enable it to be properly cleaned out. §21. Recess. Every recess from a court, yard or street in a hotel hereafter erected shall unless it conforms to the requirements of this act for an inner court, or an outer court, be not less in width than its depth. Every such recess shall be open and unobstructed from a point not more than two feet above the floor line of the lowest story in the building in which there are rooms the said recess proposes to serve. § 22. Intakes for inner court. Construction. Every inner court in a hotel of two or more stories in height hereafter erected shall be provided with one or more horizontal intakes at the bottom of the court, as follows: Inner court areas Minimum -kt ^ number of Net aggregate intakes | area of intakes Each not exceeding 300 square feet One Two Two 19^ square feet 40 square feet 60 square feet Each not exceeding 800 square feet Each exceeding 800 square feet Every such intake shall always extend directly to the front of lot or front yard, or rear yard, or to a side yard, or to a street, or to a public alley or park. Whenever more than one intake is required, one such intake shall extend to the font of lot or front yard, and one to the rear yard, public alley, public park, or to the other street, and the court ends of the air intakes shall be as far apart as possiy)le. Each such intake shall consist of an unobstructed duet or passageway having a minimum width of three feet in all its parts and a minimum height of six feet six inches. Every such intake shall be constructed of approved incombustible ma- terials, or shall be lined with at least number twenty-six (gauge) gal- vanized iron on the inside tliorcof. Such air intakes may be closed at each end with a gate or grill liaviug not less Ihaii seventy-five per cent of open work. In case the inner court does not (.'xtciKl hc'low liic second iluor level, then each such air intake may consist of an unobstructed open duct, 813 HOTELS. Act 1530a, §§23-25 constructed of approved inconibustibli' materials or lined wilii at least number tweuty-six (gauge) galvanized iron on the inside thereof, having an interior area of not less than nineteen and one-half square feet, and in no dimension less than twelve inches, and covered at each end with a wire screen of not less than one inch mesh. Every air intake shall be drained and so constructed and arranged as to be readily cleaned out. § 23. Cellars. In no hotel shall any room in the cellar be constructed, altered, converted or occupied for sleeping purposes. Every cellar shall be illuminated and ventilated. The walls and floor of every cellar hereafter constructed, which are below the ground level, shall be made waterproof and dampproof, and whenever deemed neces- sary and so ordered by the department charged with the enforcement of this act, the walls and ceilings thereof shall be plastered. § 2i. Basements. In no hotel shall anj^ room in the basement be con- structed, altered, converted or occupied for sleeping purposes, unless such room conforms to all of the requirements of this act for rooms in other parts of the building, and that ceiling of each such room be in all parts not less than seven feet above the adjoining ground level. Every basement shall be illuminated and ventilated. The walls and floors of every basement hereafter constructed, which are below the ground level, shall be made waterproof and dampproof, and whenever deemed necessary and so ordered by the department charged with the enforcement of this act, the walls and ceilings thereof shall be plastered. § 25. Ventilation beneath floor. In every hotel hereafter erected, the lowest floor thereof shall be at least eighteen inches above the surface soil adjoining and uuder the floor, and the entire space under such floor shall be kept dry, drained, clean and free from any accumulation of rubbish, debris or filth. Such space under the floor shall be enclosed and provided with a suffi- cient number of openings with removable screens or similar provisions of a size to insure ample ventilation; provided, however, that in any such building the lowest floor thereof may be less than eighteen inches above the surface soil but in no case less than six inches (except where masonry floors are laid directly on the soil) if the said floor is made impervious to the ingress of rats or other vermin, as follows: (a) Floor made impervious to rats. Foundation walls shall be con- structed of concrete or of brick or stone or other masonry laid in a good mortar or constructed of some other equally as rat-proof material. (b) The said foundation walls shall be not less than six inches in thickness at the top nor less than twelve inches in thickness at the bot- tom, nor extend less than twelve inches below the surface soil, and except where masonry floors are laid directly on the soil, shall extend not less than six inches above the surface soil. (c) Every opening in the foundation walls, for ventilation or for other purposes, shall be made rat proof with suitable metal screens or with some other similar rat-proof material. Door or window openings in such walls shall have tight-fitting doors or w^indows. Act 1530a, §§ 26, 27 general laws. 814 (d) The said lowest floor or differing levels thereof, forming a com- plete floor between the outside walls of the building, shall be constructed either of masonry, or covered with concrete not less than one and one- half inches thick, or constructed of two layers of flooring with a layer of galvanized iron or galvanized iron wire cloth or other approved equally as rat-proof material placed between the two layers of flooring. Or in lieu of the floor being constructed as herein prescribed, the entire ground area under the floor shall be covered with concrete not less than two inches thick, except where the surface of the' soil is composed of rock. The rat-proofing material shall always extend under the plates of the exterior walls and supporting partitions. (e) All openings throughout the said floor for chinineys, plumbing, water pipes or for any other purpose shall be closed up tight in the same manner and with the same kind of materials as required under the plates of the exterior walls and supporting partitions, and if the rat-profing material used for the closing of openings is other than masonry, it shall extend beyond and underlap the flooring all around the opening, not less than two inches. § 26. Floor area of guest room. Width and height. Curtains. In every hotel hereafter erected, every guest room shall contain not less than ninety square feet of superficial floor area. Every such room shall at every point be not less than seven feet in width, nor less than nine feet in height, measured from the finished floor to the finished ceiling; except that attic rooms and rooms where sloping ceilings occur need be nine feet in height in but one-half the area of the room. Every water-closet compartment shall be not less than thirty-six inches in clear width, and every such water-closet compartment, bath or slop- sink compartment, or closet or recess from a room, or dressing-room shall have a height of not less than sev~en feet six inches, measured from the finished floor to the finished ceiling. Every closet, recess from a room, or dressing-room which contains more than twenty-five square feet of superficial floor area (built-in dressers, clothes-presses and similar features which are a substantial part of the structure shall not be deemed to be part of the floor erea of a closet, recess from a room, or dressing-room), shall conform to all of the ])rovisions of this act as to guest rooms, and shall contain not less than ninety square feet of superficial floor area. No part of any room in any hotel shall hereafter be enclosed or sub- divided wholly or in part, by a curtain, portiere, fixed or movable tiarti- tion, or other contrivance or d('\ii'c, \\>v any |iurjiijsc. contrary to any of tlie provisions of this act. P'ntertainment, amusement (jr reception loonis, or pnlilic dining-rooms, hereafter constructed, altered or converted in any lioti'l shall conform to the provisions of section thirty of this act. Dormitories hereafter constructed, altered or converted in any hotel shall conform to the provisions of section sixty-two of this act. § 27. Windows. Opening into vent shaft. Opening through porch. Ventilation by exhaust system. In every hotel liercafter erected, every guest room, dormitory, kitchen, scullery, [lantry or other room in which food is storcMl or prepared, public dining-room, laundry, barber shop, 815 HOTELS. Act ]530a, •§§ 28, 29 Turkish baths, general amusement, entertainment or reception-room, water-closet or shower compartment, bath, toilet or slop-sink room and general utility room shall have at least one window, of the area herein- after required, opening directly upon a street, or upon a yard or court of the dimensions specified in this act and located on the same lot. All windows required by this act shall be located so as to properly light aJl portions of the room and shall bo made so as to open in all parts and be so arranged that at least one-lialf of the window may be opened unobstructed. The windows required by this section in a water-closet or shower com- partment, bath, toilet or slop-sink room may open directly into a vent shaft in lieu of a street, yard or court. Such vent shaft to be not less than of the minimum size, and constructed of the materials and in the manner prescribed by section fifty-seven of this act, or such rooms or icompartments, in lieu of being provided with windows may be venti- lated by an exhaust system of ventilation installed, constructed and maintained as prescribed by section sixty-one hereof. The windows required by this section to open onto a street, yard, or an outer court, except windows from kitchens, may open through porches, provided that said porches do not exceed seven feet in depth, measured at right angles to the windows and that at least seventy-five per cent of the entire side of the porch, bounded by the street, yard, or outer court, is left open except that the open space may be inclosed with mosquito screens. Kitchens, sculleries, pantries or other rooms used for cooking, storing or preparing of food, public dining-rooms, laundries, barber-shop, Turk- ish baths, general amusement or reception-rooms and general utility rooms, in lieu of windows may be ventilated by an exhaust system of ventilation installed, constructed and maintained as prescribed by section sixty-one hereof. § 28. Window area. In every hotel hereafter erected, the total win- dow area, in each guest room, kitchen, scullery, pantry or other room in which food is stored or prepared, laundry, barber-shop, Turkish bath, or general utility room, shall be at least one-eighth of the superficial floor area of the room. The aggregate window area in each room shall be not less than twelve square feet and no single window shall be less than six square feet in area. All measurements for window area shall be taken to the outside of the sash. The window area required for dormitories, entertainment, amusement, reception or dining rooms shall be as hereinafter provided. § 29. Window area. In every hotel hereafter erected each window in a water-closet compartment, bath, toilet or slop-sink room, or shower- room, shall be not less than three square feet in area. The aggregate area of windows for each such compartment or room shall be not less than six square feet. In each such compartment or room containing more than one water-closet, bath, urinai or slop-sink, the aggregate win- dow area shall be equivalent to three square feet for each water-closet, bath, nrinal or slop-sink therein; except that at no time need the aggre- Act 1530a, §§ 30-32 general laws. 816 gate window area exceed oue-fourth of the superficial floor area of such compartment or room. § 30. Total window area in dining-room, etc. Height of rooms. In every hotel hereafter erected the total window area in each room used for the purpose of entertainment, amusement, reception or dining-room, which room has a superficial floor area not exceeding one hundred eighty square feet, shall be at least one-eighth of the superficial floor area of such room. Every such room which has a superficial floor area exceeding one hun- dred eighty square feet shall have an aggregate window area not less than that required for a room of one hundred eighty square feet of superficial floor area. Every such entertainment, amusement, reception or dining room shall have a minimum height between the finished floor and the finished ceil- ing of not less than nine feet. No such room or part thereof shall be used for sleeping purposes, except that said room or part thereof com- plies with all of the other provisions of this act for guest roooms. § 31. Windows in public hallway. Skylights. French windows. In every hotel hereafter erected everj' public hallway, on any floor where there arc more than five guest rooms, shall have at least one window, opening directly upon a street, or upon a yard or a court, of the dimen- sions specified in this act and located on the same lot; such windows shall be at the end of the public hallway and placed so as to secure the maxi- mum light into the hallway; provided, however, that in hotels not ex- ceeding two stories in height the public hallway may, in lieu of such windows, be lighted and ventilated by one or more skjiights constructed in accordance with the provisions of this act. Every window required by this act in a public hallway shall be not less than twenty-nine inches in clear width, nor less than fifty-eight inches in lieight, and the finished sill of same shall bo not more tlian thirty inches above the adjoining finished floor. Every window shall be made so as to oj)en, and so arranged that at least one-half of the window may be opened unobstructed. Every skylight provided for in this section shall have an eflfeetive liorizontal area of glass of not less than fifteen square feet, and shall have ridge ventilators or fixed or movable louvres so as to provide a ventilating area of not less than five hundred square inches. Such sky- lights shall be so located that no portion of tlie hallway be distant more than twenty feet, measured from a vertical line, from a skylight opening. Any part of a public hallway which is off'set, recessed, or cut off from any other part of a hallw.ay where such offset or recess is more in length rlian one and one-half times the width of the jniblic hallway from which it offsets or recesses, sliall be deemed a separate ]iublic hallway within the meaning of this section. l''rcm-li windows or doors, if arranged to open and glazed to give the ari'Jis ol opening and glass required by this act for winodws in public hallways, may be used in lii'i: of wiiulows therein. §32. Ventilating syklight. In every hotel two or more stories in height hereafter erected, wliere th(;re are more; than five ^uest rooms on 817 HOTELS. Act 1530a, § 33 any one tioor, there shall be provided at the roof over each stairway a ventilating skylight, placed directly as practicable over same, having a minimum eft'ective horizontal area of glass at least twenty square feet in area for buildings two stories in height, and the area of glass in such skylight shall be increased at the ratio of six square feet for each addi- tional story in height. In every such skylight tlu^ ventilating area shall be not less than five hundred square inches. Every such skylight, ventilating openings, shutters and closing and opening devices for the ventilating openings, shall be made of approved incombustible materials, and so arranged that the entire ventilating area may be readily opened from at least the topmost and first story levels; except that in hotels not exceeding four stories in height the ven- tilators may be arranged so as to open from at least the first story, or may be fixed permanetly in an open position. Skylights as in this section prescribed may be omitted in case that windows are provided of the size fixed by section thirty-one hereof, and located adjoining the stairways, and that each window adjoining the stairway be provided with an open louvre or ventilator providing a ventilating area of not less than one hundred square inches or such louvre or ventilator may be placed in the roof over the stairway in which event the ventilating area shall be not less than five hundred square inches. Whenever a skylight is required, as in this section provided, there shall be constructed a stair well, the clear open area of which shall be at each floor equal to one-third of the area of the glass in the skylight. § 33. Water-closets. Waterproof floor. In every hotel hereafter erected there shall be installed not less than one water-closet in a sepa- rate compartment, located on the public hallway, for each sex on such floor. One of such water-closets shall be distinctly marked "for men," and one of the water-closets distinctly marked "for women"; and there shall be installed not less than one water-closet in a separate compartment, located on the public hallway, for every ten guest rooms, or fractional part thereof, on such floor, which are not provided with private water- closets. Each of the said water-closets shall be accessible from each of the guest rooms through the public hallway, and not more than one hundred feet distant from the entrance door of each of the guest rooms the said water-closet proposes to serve. In every hotel hereafter erected there shall be installed not less than one water-closet for every twenty employees of each sex in said building. No door or other opening in a water-closet or urinal compartment shall open from or into any room in which food is prepared or stored. The walls enclosing a water-closet compartment shall be well plastered, or constructed of some nouabsorbent material, except that the ordinary wood trim for openings may be used in such a compartment. Every water-closet compartment shall be provided and equipped with a full door, properly hung, and provided with a lock or bolt to lock same. The floor of every water-closet compartment hereaiter constructed shall be made waterproof with asphalt, tile, marble, terrazzo, cement or some other similar nonabsorbent material, and such waterproofing shall extend not less than six inches on the vertical walls of the compartment. 52 Act 1530a J § 34-36 general laws. 818 § 34. In hotel already erected. Sewer connection required. In every hotel erected prior to the i^assage of this act there shall be installed not less than one water-closet in a separate compartment, located on the public hallway for each sex; one of such water-closets shall be distinctly marked "for men," and one of the water-closets shall be distinctly marked "for women"; and there shall be installed not less than one water-closet in a separate compartment, located on the public hallway, for every twelve guest rooms, or fractional part thereof, on such floor, which are not provided with water-closets; provided, however, that the housing department charged with the enforcement of this act may ex- empt any hotel existing at the time of the passage of this act from fully complying with the provisions of this paragraph when, in its discretion, such deviation will not be detrimental to the health of the occupants thereof, or to the sanitation of the said hotel or premises; provided, further, that no such exemption shall apply to any addition or extension to a hotel. Every water-closet hereafter placed in a hotel erected prior to the passage of this act shall comply with every provision of this act relative to water-closets installed in hotels hereafter erected, except that if a water-closet is installed in the top story of any such building, the cbm- partment in which it is installed may be ventilated by a skylight with fixed louvres in lieu of a window; provided, however, that a new water- closet may be installed to replace a defective or antiquated fixture in the same location. No door or other opening in a water-closet, privy, or urinal compartment shall open from or into a room in which food is prepared or stored. Every hotel erected prior to the passage of this act or hereafter erected, where a connection with the sewer is possible, shall discontinue the use of any school sink, privy vault or any similar receptacle used to receive fecal matter, urine or sewage, and every such receptacle shall be completely removed and the place where it was located be properly disinfected. All such receptacles shall be replaced by individual water- closets of durable nonabsorbent material, properly connected, trapped, vented and provided with flush tanks, the same as is required, by the provisions of this act, in hotels hereafter erected. § 35. Bathtub or shower. In every hotel hereafter erected there shall Ik" installed not less than one bathtub or shower, in a separate com- jiartment, located on the public hallway, for every ten guest rooms, or fractional part thereof, not provided with private baths; provided, that the said bathtub or shower is on the same floor and is accessible from each guest room through the public hallway. There shall also be in- stalled not less than one slop-sink on each floor. The walls and floors to every bath, shower or slop-sink room hereafter constructed shall be waterproofed and shall be provided with doors in the same manner as required for the construction of water-closet com- partments in hotels hereafter erected. §36. In hotel already erected. In every hotel erected prior to the passage of this act there shall be installed ii"! Itss than one bathtub or shower, in a separate compartment, located in the public hallway, for every twenty guest rooms, or fractional part thereof, which are not 819 • HOTELS. Act 1530a, §§ 37-39 provided with private batlis; provided, that the said bathtub or shower is located on the same floor and is accessible from each gnest room through the public hallway. There shall also be installed not less than one slop-sink on each floor; provided, however, that the housing department charged with the en- forcement of this act may exempt any hotel existing at the time of the passage of this act from fully complying with the provisions of this section when, in its discretion, such deviation will not be detrimental to the health of the occupants thereof, or to the sanitation of the said hotel or premises; provided, further, that no such exemption shall apply to any addition or extension to a hotel. § 37. Running water. Sewer. In every hotel hereafter erected every plumbing fixture shall be provided with running water, and there shall be provided faucets, with running water, sutfieient in number so that all of the yards, courts and passageways may be washed. Faucets shall be of the hose bibb type, not less than three-quarter inch size. Every plumbing fixture atfecting the sanitary drainage system in any hotel hereafter erected, shall be properly connected with the street sewer, if a street sewer exists in the street abutting the lot on which the building is located and is ready to receive connections. When it is impracticable to connect such plumbing fixtures with a street sewer, then the plumbing fixtures shall be connected and drained into a cesspool con- structed satisfactorily to the department charged with the enforcement of this act; or some other means of sewage disposal satisfactory to the department charged with the enforcement of this act may be made until such time as it may become practicable and possible to connect with the street sewer. § 38. In hotel already erected. In every hotel erected prior to the passage of this act, every plumbing fixture shall be provided with run- ning water, and there shall be provided faucets, with running water,' suflicient in number so that all of the yards, courts and passageways may be washed. Faucets shall be of the hose bibb type, not less than three- quarter inch size. § 39. In case no running water. Privy. Water-closets, baths, showers, sinks, slop-sinks, faucets and other plumbing fixtures required by this act need not be installed in the event that the hotel hereafter erected or an existing hotel, as .the case may be, is situated where there is no running water and where there is no practical means of sewage disposal, until such time as it becomes practicable and possible to obtain running water and means of sewage disposal; provided, in every such case the department charged with the enforcement of this act shall decide whether or not it is practicable and possible to provide running water and proper means of sewage disposal. A special permit in writing shall be obtained in every such case from the department charged with the en- forcement of this act, which permit shall be made in duplicate, and a copy thereof shall remain on file in the department issuing it; provided, further, that proper, separate toilet facilities for each sex shall be pro- vided for the use of the occupants of such building. Such facilities shall be made sanitary. A privy, or toilet other than a water-closet, erected Act 1530a, §§ 40-42 general laws. ' 820 under the authority of this section shall consist of a pit at least three feet deep, with suitable shelter over the same to afford privacy, and protection from the elements. The openings of. the shelter and pit shall be enclosed by mosquito screening, and the door to the shelter shall be made to close automatically by means of a spring or other device. No privy pit shall be allowed to become filled with excreta to nearer than one foot from the surface of the ground, and the excreta in the pit shall be covered with earth, ashes, lime or similar substances at regular intervals. All drainage water shall be convej'ed from the premises by means of a covered drain to a covered cesspool. § 40. Plumbing fixtures made sanitary. In every hotel erected prior to the passage of this act all plumbing fixtures affecting the sanitary drainage system shall be properly trapped and vented and made sani- tary in every particular. In any hotel hereafter erected, and in any hotel erected prior to the passage of this act no plumbing fixtures shall be inclosed with woodwork, but the space under and around same must be left entirely open. All woodwork inclosing a water-closet, sink, slop- sink, wash-tray or lavatory shall be removed and the fioor and wall sur- faces beneath and around such water-closet, sink, slop-sink, wash-tray or lavatory shall be maintained in good repair, and if of wood, well painted with a light-colored paint of sufficient body to make it nonabsorbent. All wooden seats, attached to water-closet bowls, shall be varnished or enameled, or by some other method made nonabsorbent. In every hotel hereafter erected water-closets shall have earthenware bowls and shall have earthenware seats integral with the bowls, or wooden seats, varnished or enameled so as to be nonabsorbent, or seats made of some nonabsorbent material attached directly to the bowls. No wooden wash-trays or wooden kitchen sinks shall be permitted in such buildings. All plumbing connections hereafter made in buildings shall be of standard lead, iron, steel or brass; and every gas and water service connection hereafter made shall be of steel or iron, and shall be equipped with cut-off valves placed outside of the building, and such cut-off valves shall be readily accessible. Whenever any plumbing fixture becomes insanitary the department charged with the enforcement of this act is hereby empowered to orfler the same removed and to order that it be replaced by a fixture conform- ing to the provisions of this act. § 41. Two means of egress. Every hotel hereafter erected, three or more stories in heiglit and in which there are more than five guest rooms on any one floor, shall be so designed and constructed that every guest room in such building shall have not less than two means of egress, either by stairways or fire-escapes, constructed in accordance with the provisions of this act. Such means of egress shall be accessible from •■very guest room, either directly or through a public hallway, and so locat(Ml that should one egress be or become blocked, the other egress shall be available. §42. Stairways. Every hotel two or more stories in licight, liero- after erected shall have not less than two stairways. 821 HOTELS. Act 1530a, §§43^5 Every firepruof hotel two or more stories iu lieight hereafter erected shall have not leas than one stairv?ay, not less than three feet six inches wide, for each six thousand square feet, or fractional part thereof, of floor area in any one floor above the first floor thereof. Every semi-tireproof hotel two or more stories in lieight hereafter erected shall have not less than one stairway, not less than three feet six inches wide, for each four thousand square feet, or fractional part thereof, of floor area in any one floor above the first floor thereof. Every wooden hotel two or more stories iu height hereafter erected shall have not less than one stairway, not less than three feet six inches wide, for each three thousand square feet, or fractional part thereof, of floor area in any one floor above the first floor thereof. Every hotel hereafter erected shall have not less than one stairway leading from the outside to every basement or cellar thereof. § 43. Computing number of stairways required. The largest floor area above the ground floor shall be used as the basis for computing the number of stairways required in a hotel hereafter erected; provided, that if all floors above the largest floor area of the building are dimin- ished in area, the stairway or stairways from that portion of the build- ing containing a smaller area may be computed on the basis of the largest floor area iu that portion of the building. § 44. Location of stairways. All stairways hereafter constructed shall be located so as to furnish the best means of egress from the building, shall be as far removed from each other as is practicable, and shall be as follows: Access to stairways shall be provided at every floor by means of a public hallway, corridor, or passageway, and the public hallway, cor- ridor, passageway and stairway from the ground exit level to the top story or roof shall be accessible at all times. No stairway shall abut on more than one side of an elevator shaft, except on the entrance and topmost stories; provided, that the stair- way is so located that it can be approached from the street entrance without passing by or in front of the open side of the said elevator shaft. No stairway shall be located over a steam boiler, gas meter or gas heater or furnace, unless such boiler, gas meter, gas heater or furnace be located in a room, the walls and ceiling of which are constructed as required for a boiler-room by section fifty-nine of this act. No stair- way leading from any other portion of the building shall terminate in or pass through a boiler-room. § 45. Construction of stairways. Every stairway hereafter con- structed shall be as follows: Have a rise of not more than eight inches and a run of not less than nine inches, without change in the run or rise between floors; and shall be provided with head room of not less than six feet six inches, measured from the nearest nosing of the stair- way to the nearest soffit. The depth of every landing in a stairway shall be not less than the width of the stairway, and all treads shall be of equal width for every run of stairs, and shall not vary in width in the width of the stairs. Every stairway required by this act shall be continuous from the ground level to the top story, i. 6., the flights of such stairway shall be Act 1530a, §§ 46, 47 general laws. 822 constructed one directly above the other, or shall be constructed so that each flight shall be in plain view of each succeeding flight; provided, however, that half of the stairways from the upper floors may terminate at the second floor, in the event that the stairways from the first to the second floor be increased in width not less than fifty per cent. Every stairway shall have at least one handrail and if the stairway be five feet or more in width, shall have a handrail on each side thereof. The under side and soffits of wooden stairways and the outside stringers of open stairways, except outside stairways in semi-fireproof and wooden hotels shall be metal lathed and plastered not less than three-quarters inch thick including the lath, or lathed with approved plaster board and plastered not less than three-quarters inch thick in- cluding the plaster board. The width of stairways shall be measured in the clear of all projections except the baseboards, and except that handrails and newel posts may project not more than four inches. § 46. Space under stairway. No closet of any kind shall be con- structed in any hotel under any wooden stairway, but such space shall be kept entirely open, and be kept clean and free from all encumbrance; or such space shall be effectually closed with walls of studs, lathed and plastered, with no door or opening of any kind therein; provided, how- ever, that the provisions of this section as to a closet under a stairway shall not apply to any hotel not more than two stories in height, in which there are not more than five guest rooms above the first floor thereof. § 47. Stairway to roof. In hotel already erected. In every hotel hereafter erected more than two stories in height, the stairway nearest to the main entrance of the building shall be carried to the roof level and shall give egress to the roof through a penthouse or roof structure. In every such building not exceeding two stories in height there shall be constructed a scuttle, in the public hallway, near the stairway. Such scuttle shall be not less than two feet by three feet in area, and shall be cut through the ceiling and roof. Penthouses over stairways shall be built either of fireproof materials or of wood studs, lathed with metal lath or approved plaster board and plastered not less than three-quarters inch thick including the lath or jilaster board on the inside and outside thereof; or such penthouses may be covered in the same manner and with the same kind of materials as required by this act for the doors from such penthouses. The door to the roof from a penthouse or roof structure shall be self- closing and shall open outward to the roof and shall be covered on both sides and edges with tin or other metal. The frames and trim of such dopr opening shall be similarly con- structed and all glass in such door shall be wired glass not less than one- fourth inch thick. Yjvery hotel of more than two stories in heiglit, erected prior to the passage of this act, shall have in the roof a penthouse or a scuttle, which scuttle shall be not less than two feet by three feet in area, located in the ceiling of a public hallway. There shall be provided a stairway or a stationary ladder leading from the (op floor of such hotel 823 HOTELS. Act 1530a, §§ -48, 49 to tlie roof thereof. Such stairway or stationary ladder shall he made readily accessible to all tenants of the building. No scuttle or pent- house door shall at any time be locked with a key, but may be fastened on the inside by a movable bolt or lock. § 48. HaJlways, etc., from stairways. Public hallways, landings, and corridors from stairways shall be of the same width and measured in the same manner as the stairways, as provided in section forty-six hereof. § 49. Fire-escapes. On every hotel hereafter erected more than two stories in height, there shall be provided at least one fire-escape. If such hotel exceeds three thousand square feet of floor area on any one floor above the second floor thereof, such building shall be provided with one additional fire-escape for each four thousand square feet of floor area or fractional part thereof. Fire-escapes required by this act siiall be of one of the following, types: Type 1. Types of fire-escapes. Metallic throughout and fastened securely to the exterior walls of the building, with a balcony at each story above the first story thereof, with inclined stairways connecting all balconies and a goose-neck ladder connecting the topmost balcony to the roof. The lowest balcony of such fire-escape to be not more than fourteen feet above the street or ground level directly under same. All metallic balconies shall be not less than forty-four inches in width nor less than thirty-three square feet in area. The stairway openings therein shall be not less than twenty-one inches wide and forty inches in length. The balcony balustrade shall be not less than thirty-four inches high, with no opening in such balustrade greater than eight inches in horizontal dimension. There shall be no opening greater than one inch in width in a fire- escape balcony platform, except the stair-well opening. There shall be no opening greater than one inch in width in the lowest fire-escape balcony platform, except that there be attached a counter- balanced or permanent ladder reaching to the street or ground below. Every balcony platform shall be fastened to the outside walls of the building by building in and anchoring to such walls the balcony plat- form and the balustrade framing, or by securely bolting same thereto. Every balcony shall be supported by brackets, braces, or struts fastened to or built in and anchored to the walls. The inclined stairways shall be not less than eighteen inches in widtii and placed in no part nearer than twenty-one inches from the face of the wall. Such inclined stairways shall have an inclination of not less than four inches and not more than six horizontally to each twelve inches of vertical height. The treads shall be not less than four inches wide, placed not more than twelve inches apart. Each side of such stairways shall be provided with a handrail not less than one inch in diameter fastened to the stair stringers and continued around the well hole openings of balcony platform. The goose-neck ladder shall be not less than fifteen inches wide and extend vertically from the topmost balcony to three feet above the fire wall or roof above, and then be brought down and fastened to the inside face of the fire wall or to the roof. The rungs of the goose-neck ladder shall be not less than five-eighths inch round iron or steel, placed not Act 1530a, § 49 general laws. 824 more than fourteen inches apart. The goose-neck ladder shall be securely braced and fastened to the outside wall, and in no case shall such ladder pass in front of any opening in the wall to the interior of the building. The cornice opening for the passage of such ladder shall be not less than twenty-four inches in width and twenty-four inches in the clear outside of the ladder. Such fire-escape shall be framed and riveted or bolted together in a solid, substantial manner and properly supported, braced and fastened to the outside walls so as to be rigid, durable and secure and carry the loads imposed. All metallic fire-escapes shall be painted with not less than two coats of good, durable paint; or such fire-escapes may be galvanized. Type 2. Metallic ladders and stairways conforming to the provisions set forth for tyj^e one and with reinforced concrete or iron or steel fire- proofed balconies, with fastenings of similar materials. Such balconies to measure the full size inside of balustrades. Floor openings and well holes provided and protected similarly to the requirements for metallic balconies. Type 3. Any type of a inclosed approved metallic spiral fire escape which consists of a rigid form of an inclined chute or chutes constructed entirely of incombustible material; securely attached to the outside walls of the building; provided with proper means of ingress thereto from the building and egress therefrom at the bottom; having means enabling firemen to reach the roof thereby from the ground; equipped with stand- pipes; painted the same as provided for metallic fire-escapes; and satis- factory to the department charged with the enforcement of this act as being as solid, substantial and durable and as fireproof in construction, and providing at least as safe and efficient means of escape from the building for the occupants thereof, and furnishing all the protection and utility of the metallic fire-escape described as "type one" in this act. Type 4. Fire and smoke towers, consisting of a fire-escape stairway not less than twenty inches in width, constructed of reinforced concrete, iron or steel, or a combination of these materials; and in all other details as required in this act for metallic fire-escape stairways; said stairways being continuous the full height of- the building from the first floor exist level to the roof, and with handrails on each side thereof the full length of same. Such stairways to be constructed at a point adjoining the exterior walls of the building and be entirely enclosed with walls of brick, terra cotta tile, concrete or reinforced concrete not less than twelve inches thick; such walls to be continuous from the basement up to and extending three feet above the roof of the building, with no covering of any kind over same, and with no openings in the walls of such tower into the building. The inclosing walls of such tower not to be used to carry or support any floor joist, beam, girder or other struc- tural feature of the building, nor to be chased for any pipe, conduit or other jjurpose; to have an exit from the inclosurc at the first floor line opening directly to a street or yard, and having an ent;-ance by means of an outside balcony at each floor, such balconies to have a sol'd floor and in all other details and kind of materials to be as in this act required for metallic fire-escape balconies. Tlie balconies to be located and arranged to connect with a door opening from a public hallway 825 HOTELS. Act 1530a, §§ 50-53 in the interior of tlie building and with a door opening leading from the balcony to the tower, such door opening from the building to the balcony and from the balcony to the tower to be not less than thirty inches wide by seventy-two inches high and be equipped with metal-lined doors and with a frame and threshold of such door openings constructed of fireproof materials. Type 5. A fire and smoke tower in every way similar to "type four" of this section, except that instead of the outside balcony there be built a vestibule wdth inclosing walls continuous with and of the same kind of materials and of the same thickness as the inclosing walls of the fire tower; that the vestibule opening be direct from a public hallway and be equipped with metal-lined doors. The vestibule floor to be of masonry construction. The inclosure to have an opening at each floor through the exterior wall of the building, such opening to extend from the floor to the ceiling and be not less in width than three-fourths of the width of the tower, said opening to be protected with an open metallic balus- trade similar to that specified for metallic fire-escape balconies. § 50. Stairway and fire-escape combined. In any hotel hereafter erected in which there is constructed a fire-escape of "type four" or "type five," as prescribed in this act, such fire-escape may be used and con- strued as a stairway and a fire-escape combined; provided, that there is at least one other stairway or one other fire-escape constructed in ac- cordance with the provisions of this act, in the said building. § 51. liOcation of fire-escapes. Every fire-escape required by this act shall be located on the building so as to furnish the best means of escape therefrom for the occupants, and at least one such fire-escape shall be located on a street front. Every such fire-escape shall have egress thereto from a public hallway or passageway not less than three feet wide, or such fire-escapes, in lieu of being located on a public hall- way, shall be so located that each guest room has direct egress thereto without passing through another room. If a public parlor, public lobby, or similar room is connected directly with the public hall, corridor or passageway through a clear and unobstructed opening, without doors, then egress may be had thereby to a fire-escape. Signs both pointing towards and marking the locations of fire-escapes shall be placed on each floor. § 52. Computing number of fire-escapes required. The largest floor area above the second floor shall be used as a basis for computing the number of fire-escapes required by this .act; provided, that if all floors above the largest floor area are diminished in size, the number of fire- escapes from that portion of the building containing the smaller area may be computed on the basis of the largest floor area in that portion of the building. § 53. Strength of platform, etc. Strength of fastenings, etc. All parts of each balcony platform of a fire-escape shall be designed to carry, in addition to the dead load thereof, a live load of one hundred pounds per square foot over the entire area thereof, using outside dimen- sions, and the live and dead loads from the ladders or stairs supported thereon. Act 1530a, §§ 5J^56 general laws. 826 Each ladder shall be designed to withstand a horizontal pressure ot one hundred pounds per square foot. Each stairway shall be designed to carry, in addition to the dead load thereof, a live load of one hundred fifty pounds per square foot of horizontal projection. Top rails of balcony balustrades shall be designed to withstand a hori- zontal pressure of one hundred pounds per lineal foot of railing. Each balcony shall be independently supported. All fastenings of fire-escape balconies to the building shall be designed to carry twenty-five per cent greater load than the total dead and live loads carried by the balconies. The balcony anchorage shall be direct to the structural steel or iron members of the balustrades and platforms extended into the walls and anchored into the structural work of the building. The level of the inside sill of the door or window giving access to a fire-escape balcony or the balcony floor shall be not more than thirty inches above the adjoining floor in the building. Every such door or window opening shall be not less than twenty-nine inches in clear width nor less than fifty-eight inches in height. Where double-hung windows are used in such openings, the lower sash shall be at least the size of the upper sash and shall slide to the top of such opening. Any lock used on any such window shall be of a type which can be readily opened from the interior of the building without the use of a key or other tool. § 54. Readily accessible. Every fire-escape in or on a hotel hereafter erected, or in or on a hotel erected prior to the passage of this act, shall at all times be maintained in good order and repair, well painted and clear and unobstructed at all times, and be readily accessible. § 55. Standpipes. On every hotel hereafter erected four or more stories in height, there shall be provided one or more metallic stand- pipes. Each such standpipe shall be not less than four inches in internal diameter, and shall have a Siamese inlet valve near the sidewalk or ground directly under the same, and an outlet valve at each story above the first story and on the roof. One such standpipe shall be placed on or in the exterior walls of the building at one fire-escape on each street frontage, and the outlet valves shall be readily accessible from the balconies of the fire-escapes. The inlet and outlet valves on every standpipe shall be threaded and brought to a size which will meet the standard connections of the local fire department of the inunicipality in which such hotel or lodging house is being erected. The standpipes required by this section need not be installed in any hotel which is situated where there is no running water and where it is not practicable or ])0ssil)l(' In olitnin wiitor for efficient use of such stand- pi|)es in case of fire, unlil siuli linn' ;is il is practicable and possible to ol)tain running water; and Ihr (lc|i;irt nicii) cliargod witii tlie enforcement of this act shall decide w Int lici- or not il is possililc or i)racticable to obtain running water. §56. Elevator shaft inclosed. Tn every firfproof hotel hereafter erected, every elevator slial't, dunib-wailf^r shaft or other interior shaft 827 HOTELS. Act 1530a, § 57 shall be inclosed in walls constructed of concrete, reinforced concrete, brick, terra cotta tile or other similar hard, incombustible materials, or shall be constructed of metal studs lathed either with metal lath or an approved plaster board and plastered on both sides so as to make a solid partition not less than two inches thick. In every semi-fireproof or wooden hotel hereafter erected, every such shaft shall be inclosed by walls constructed as provided by this act for fireproof hotels, or such walls shall be constructed with wood studs, with wood firestops the same size as the studs, cut in between the studs at each floor and halfway between each floor, lathed on both sides with metal lath or an approved plaster board and be plastered not less than three-quarters inch thick including the lath or plaster board. Every opening from any shaft into the building shall be equipped with a metal door and with door frame and trim entirely of metal; or such door and door frame shall be constructed of wood covered with metal on the shaft side thereof, and if there is any glass therein, such glass shall be wired glass not less than one-fourth inch thick Every door or window therein shall be made to close tight, and every door except elevator doors therein shall be self-closing. Every window in such shaft shall be of wired glass, not less than one- fourth inch thick, set in a metal sash or a sash metal-covered on the shaft side thereof. At the roof over every elevator shaft there shall be constructed a ventilating skylight or a ventilator with open louvres. § 57. Vent shafts inclosed. In every hotel hereafter erected every vent shaft shall be inclosed by walls constructed the same as required by this act for elevator shafts in the same class of building. Such vent shafts may, in a semi-fireproof or wooden hotel, be lined on the outside thereof (weather side) with metal in lieu of metal lath and plaster; also that portion of such shaft extending from the ceiling joists to the top thereof may be lined with metal in the same manner as is required for the weather side of such vent shaft. Every opening from any vent shaft into the building or any window therein shall be equipped in the same manner as required by this act for elevator shafts in the same class of building. Plaster on the weather side of any such shaft shall be cement plaster. Every vent shaft required by this act shall be not less than four feet in any direction and be at least sixteen square feet in area. If such vent shaft exceeds fifty feet in height, measured from the bottom to the top of the walls of such shaft, then such vent shaft shall throughout its entire height be increased in area three square feet for each addi- tional ten feet or fractional part thereof above fifty feet. Every such vent shaft shall be provided with an air intake or duct at or near the bottom thereof, communicating with the street or yard or a court. Such intake shall be not less than three square feet in totil area, and may be divided into not more than three separate ducts run- ning between the joists or otherwise, and shall in all cases be placed as nearly horizontal as possible. Every such intake or duct shall be con- structed of approved fireproof material or shall be of metal or metal- lined, and be provided with a wire screen of not less than one inch mesh Act 1530a, §§ 58, 59 general laws. 828 at each end. Plumbing, gas, steam or other similar pipes may be placed in such a vent shaft. Every vent shaft shall have a door or a window at or near the bot- tom of the shaft, so arranged as to permit of its being readily cleaned out. § 58. Walls of inner court. The walls of every inner court in a fire- proof hotel hereafter erected shall be constructed of concrete, reinforced concrete, brick, terra cotta tile or other similar hard, incombustible mate- rial. In a semi-fireproof or in a wooden hotel such inner court walls, if surrounded on four sides by the walls of the same building, shall be constructed as provided for fireproof hotels, or may be of wood studs with wood firestops the same size as the studs, cut in between the studs at each floor and halfway between each floor, lathed on both sides with metal lath, or with an approved plaster board and be plastered not less than three-quarters inch thick including the lath or plaster board. Plas- ter on the weather side of such inner court walls shall be cement plaster, or such inner court walls may be lined on the weather side with not less than number twenty-six (gauge) metal, in lieu of metal lath and plaster § 59. Boiler-room. Doors in 'boiler-room. In every hotel hereafter erected, every boiler used for the purpose of heating the building, using fuel other than gas, and every heating furnace or water-heating appara- tus, using oil for fuel, shall be installed in a room, the walls of which room shall be built of concrete, reinforced concrete, brick, stone or terra cotta tile, not less than six inches thick, and such walls shall ex- tend from the floor of the boiler-room to the ceiling over same. The entire ceiling of such room shall be built of similar materials as the walls, or shall be built with a double ceiling, with a space of not less than seven-eighths inch between the two ceilings, each ceiling shall be metal lathed or lathed with an approved plaster board and be plastered not less than three-quarters inch thick including the lath or plaster board. The floor of a boiler-room shall be of concrete not less than two inches thick. Any door in the wall of such room shall be a fire-resisting door, con- structed of three thicknesses of seven-eighths inch by not more than six inches, tongued and grooved, matched, redwood boards entirely cov- ered on the sides and edges with lock-jointed tin: every such door shall be self-closing, so hung as to overlap the walls of the room at least three inches, and any glass in any such door or any glass in any window or opening in the walls of a boiler-room shall be wired glass, not less than one-fourth inch thick, set in a metal or metal-covered sash. All such doors shall have hinges, hangers, latches and other hardware of wrought iron, bolted to the doors, and sliall have steel tracks, when sliding doors are used, with wrought-iron stoi)s and binders bolted through the wall. Swinging doors sliall have wall eyes of wrought-iron, built into or bolted through the wall. Every such boiler-room shall have a sill across each door not less than four inches high. Such sills shall be of masonry, and the doors shall overlaj) same at least three Indies, or in lieu of a masonry sill a steel or iron sill may be used, in which case the door shall close tight on top of same. 829 HOTELS. Act 1530a, §^ 60, 61 Where oil or other lluid fuel is burucd, the oil or other fluid fuel shall not be fed by a gravity flow. §60. Garage. In every hdtel hereafter erected any portion of such building in which there is kept or stored any automobile or automobiles shall be a room inclosed in partitions whicli shall be built of concrete, reinforced concrete, brick, stone or terra cotta tile, not less than six inches thick. Such inclosing partitions shall extend from the floor of the room to the ceiling of the same. The entire ceiling of such room shall be built of material similar to that in the construction of its walls or shall be either metal lathed or be lathed with an approved plaster board and be well plastered, and if any portion of the building is used as a public automobile garage, or automobile repair-shop, or machine- shop the ceiling thereof shall be constructed either of masonry, or of a double ceiling metal lathed or lathed with an approved plaster board and be well plastered, there shall be left a space between the ceilings of not less than six inches measured vertically. The* lower ceiling shall be suspended with iron or steel channels. In each case each of the ceilings shall be plastered not less than three-quarters of an inch thick including the lath or the plaster board. The floor of such room shall be of concrete not less than two inches thick. Every door, win- dow or other opening in the walls of such room opening to the interior of the building shall be protected in the same manner required by sec- tion fifty-nine hereof for doors, windows and other openings in a boiler-room. § 61. Fan exhaust system of ventilation. Penalty for failure to main- tain. In every hotel hereafter erected the water-closet compartments, bath, toilet or slop-sink rooms, kitchens, sculleries, pantries or other rooms in which food is stored or prepared, public dining-rooms, laundries barber-shops, Turkish baths, general amusement, entertainment or recep- tion-rooms, and rooms used for similar purposes and general utility rooms, in lieu of being provided with windows, as in this act prescribed, may be provided with a fan exhaust system of ventilation. Such fan exhaust system of ventilation shall consist of independent inlet ducts extending from the outer air to each such room or compartment and exhaust ducts extending from each such room or compartment to the outer air above the highest roof of the building. All of the inlet ducts and exhaust ducts shall be constructed of gal- vanized iron or other smooth surfaced, nonabsorbent material and so arranged that they may be readily cleaned out. The exhaust ducts shall always be connected to an exhaust fan me- chanically operated, so designated and operated as to provide a complete change of air in not to exceed fifteen minutes for each room used for the following purposes: kitchens; pantries or other rooms used for cooking, storing or preparing of food; barber-shops; Turkish baths, laun- dries. General amusement, entertainment, reception or dining rooms, or rooms used for similar purposes; general utility rooms; and the said fan ex- haust system of ventilation shall be so designed and operated as to provide a complete change of air in not to exceed five minutes for each Act 1530a, §§ 62-64 general laws. 830 room used for the following purposes: water-closets; shower compart- ments; bath, toilet or slop-sink rooms or sculleries. Any person in charge of a building in jvhich a system of fan exhaust ventilation, as in this section is required, who fails, neglects or refuses to operate and maintain the said system of ventilation in good order and repair so that the ventilation (complete change of air) herein speci- fied is provided in each of the rooms or compartments at all times, shall be deemed guilty of a misdemeanor and subject to all of the penalties iixed by this act. §62. Dormitory. Every dormitory hereafter constructed, altered, or converted in any hotel shall be as follows: (a) In no one dormitory shall there be provided sleeping accommoda- tions for more than twenty adult persons, nor shall the superficial floor space for each person be less than required by section sixty-five hereof. (b) The ceiling height, measured from the finished floor to the finished ceiling, shall in no case be less than nine feet in the clear, and in no case shall there be permitted in such dormitory more than one tier of beds; provided, however, that in a dormitory in which the clear ceiling height is not less than eighteen feet measured between the finished floor to the finished ceiling thereof, a double tier of beds may be permitted, i. e., one tier above the other; provided, that in no event shall there be less than three feet of clear vertical space between the beds, nor less than three feet in any horizontal direction between any of the beds, nor less than one foot of clear space between the floor of the room and the under side of the first tier of beds. (c) In every dormitory there shall be provided windows opening on to a street, or on to a yard or court of the dimensions specified in this act and located on the same lot. The window area shall in no case be less than one-eighth of the superficial floor area in the dormitory, and in the event that a double tier of beds are provided, the said win- dow area shall be doubled. (d) The frames of beds in every dormitory shall be made of steel or iron or of some similar hard, smooth, incombustible and nonabsorbent material. (e) In every dormitory there shall be provided not less than one water-closet in a separate compartment, not less than one urinal in a separate compartment, and not less than one shower in a separate com- partment, and not less than one wash-sink, for each twenty persons or fractional part thereof occupying the said dormitory. (f) Every dormitory in a hotel erected prior to the passage of this act shall be made to conform to the provisions of subsection "(a)" of this section. § 63. Hotels erected prior to passage of act. In any hotel erected [prior to tiie ])aHsage of tliis ai-t, every additional room or hallway that is hereafter constructeil or created may be of tlie same height as tho other rooms or hallways on the siuiie story of such Imlel. § 61. Windows, courts, etc., in hotels already erected. Every room in a hotel erected jirior to the jiassagc of this act shall, if the said room 831 HOTELS. Act 1530a, § G5 be hereafter occupied for living or sleeping purposes, liave a window of an area not less than eight square feet, opening directly upon a street, a yard, a court or upon a vent shaft not less than twenty-five square feet in area, which vent shaft shall in no part be less than four feet wide and open and obstructed, without roof or skylight over same; except that if such room be located on the top floor of the building, such room may be ventilated by a skylight with fixed louvres directly to the outer air, or may have a window opening upon a vent shaft not less than ton square feet in area, if such window from the room be not more than three feet' below the top of the wall of such vent shaft. Every public hallway in every hotel erected jirior to the passage of this act, which does not conform to the provisions for public hallways in buildings hereafter erected, shall be provided with light and ventila- tion to the outer air. Such light and ventilation shall be provided by the placing of windows or skylights, or by making such alterations as in the judgment of the housing department may be deemed necessary to accomplish the result. § 65. Kitchen. Sleeping in cellar, etc. Floor space for each occu- pant. Food shall not be cooked or jjreparcd in any room except in a kitchen designed for that purpose. Floors of kitchens and rooms in which food is stored shall be made impervious to rats by a layer of concrete not less than one and one-half inches thick or by a layer of sheet tin or iron or similar material. It shall be unlawful for any person to live or sleep, or permit or suffer any person to live or sleep, in any cellar, bath, shower or slop- sink room, water-closet compartment, hallway, closet, kitchen, recess from a room, or dressing-room, except when such recess from a room, or dressing room has at least ninety square feet of superficial floor area and complies with every requirement of this act for rooms, or in any other place in such building, which in the judgment of the department charged with the enforcement of this act, would be dangerous or preju- dicial to life or health by reason of want of light, windows, ventilation, drainage or on account of dampness, offensive, obnoxious or poisonous odors; or in any room that shall be so overcrowded as to afford less than jhe following floor space for each occupant, in accordance with the age of said occupant: Xumber of persons over 12 years of age Number of persons un- der 12 years of age Superficial floor area required lor 2 4 6 8 10 12 60 square feet 120 square feet ISO square feet 240 square feet 300 square feet 360 square feet 2 or 3 or 4 or 5 or 6 or Additional floor area in the same ratio shall be provided for additional persons. Act 1530a, §§ 66-71 general laws. 832 § 66. Lighting of hallway, etc. Ju every hotel there shall be installed and kept burning from sunrise to sunset throughout the year artificial light sufficient in volume to properly illuminate every public hallway, stairway, fire-escape egress, elevator, passageway, public water-closet compartment, or toilet-room, whenever there is insufficient natural light to permit a person to read in any part thereof. In every hotel there shall be installed and kept burning from sunset to sunrise throughout the year artificial light sufficient in volume to properly illuminate every public hallway, stairway, fire-escape egress, elevator, public water-closet compartment, or toilet-room and exterior passageway on the lot. § 67. Light-colored material on walls. The walls and ceilings of every sleeping-room in every hotel shall, except when there is sufficient natural light to permit a person to read in any part thereof during day- time, be caleimined or painted (»r papered with a light-colored material, and such calcimine, paint or paper, as the case mpy be, shall be re- newed as often as is necessary to maintain the same of a light color and clean and free from vermin. The walls of courts and shafts, unless built of ligBt-colored materials, shall be painted of a light color or whitewashed, and such painting or whitewashing shall be renewed as often as is necessary to maintain the same of a light color. § 68. Repapering. No wall, partition or ceiling of any room in any hotel shall be repapered, caleimined, or have any other covering placed thereupon unless the old wall paper or other covering shall have first been removed therefrom, and the said wall, partition or ceiling cleaned, disinfected and freed from bugs, insects or vermin. , § 69. Repairs. Every hotel shall be maintained in good repair. The roofs shall be kept waterproof and all storm or casual water properly drained and conveyed therefrom to the street sewer, storm drain or street gutter. All portions of the lot about such hotel, including the yards, courts, areaways, vent shafts and passageways, shall be properly graded and drained; and whenever the department charged with the enforcement of this act deems it necessary for the protection of the health of the occupants of such building, or for the proper sanitation of the premises, it may require that the said lot, yards, courts, areaways, vent shafts and passageways be graveled or projieily piived and surfaced with con- crete, asphalt or similar materials. §70. Metal mosciulto screening, 'riieie sliull he provided, whenever it is deemed necessary l'"i- tlic liealtli of the occupants of any hotel or for the projier sanitation oi' cleanliness of any such building, metal mosquito screening of at least sixteen mesh, set in tight-fitting remov- able sash, for each exterior door, window or other opening in the exterior walls of tiie building. §71. Garbage cans. In every hotel t iiere shall be provided such number of ti;^h1 indal rcreptiudcs willi (dose-fitting metal covers for 833 HOTELS. Act 1530a, §i^ 72-75 garbage, refuse, ashes and rubbish as juay be deemed necessary by the department charged with the enforcement of this act, or in lieu of such metal receptacles there may be constructed a garbage chute or shaft approved by the liousing department. Each of said receptacles, chutes or shafts slinll l)e kept in a clean coinlitioii l>y the person in charge or in control f)f tlie buihling. § 72. Rooms, etc., to be kept clean. Swill, etc., not to be deposited In plumbing fixtures. Every room, hallway, passageway, stairway, wall, partition, ceiling, floor, skylight, glass window, door, carpet, rug, mat- ting, window curtain, water-closet compartment or room, toilet-room, bath-room, slop-sink or washroom, plumbing fixture, drain, roof, closet, cellar, or basement in any hotel or on the lot, yard, court or any of the premises thereof, shall be kept in every part clean and sanitary and free from all accumulation of debris, filth, rubbish, garbage or other offensive matter. No person shall, or cause or permit any person to deposit any swill, garbage, bottles, ashes, cans or other improper substance in any water- closet, sink, slop-hopper, bath-tub, shower, catch-basin, or in any plumb- ing fixture connection or drain therefrom; or otherwise, to obstruct the same; or to place or cause to permit to be placed any filth, urine or other foul matter in any place other than the place provided for same; or to keep or cause or permit to be kept any urine or filth or foul mat- ter in any room in any hotel, or in or about the said building or prem- ises thereof, for such length of time as to create a nuisance. §73. Beds kept clean. In every hotel, every part of every bed, in- cluding the mattress, sheets, blankets and bedding, shall be kept in a clean, dry and sanitary condition, free from filth, urine or other foul matter, in or upon the same; and free from the infection of lice, bed- bugs or other insects. No roller or public towels shall be permitted. Bed linen shall be changed at least as often as a new guest occupies the bed. § 74. Dangerous articles not to be kept. In no hotel, or any part thereof, or in the lot, yard, court or any portion thereof, shall there be kept, stored or handled any article dangerous or detrimental to life or to the health of the occupants thereof; nor shall there be stored, kept or handled any feed, hay, straw, excelsior, cotton, paper stock, rags or junk, except upon a written permit so to do, obtained from the fire commissioner or other department authorized to issue such permit. Every such permit shall be deemed to be a public record, made in dupli- cate and a copy thereof shall remain on file in the office of the fire commissioner or department issuing same. §75. Animals not to be kept. No horse, cow, calf, swine, sheep, goat, rabbit, mule or other animal, chicken, pigeon, goose, duck or other poultry shall be kept in a hotel, or any part thereof; nor shall any such animal or poultry, nor shall any stable be kept or maintained in the same lot, yard, court or premises of a hotel, or within twenty feet of any window or door of such building. 53 Act 1530a, §§ 76-79 general laws. 834 No hotel shall be conuected with or have any door, window or transom opening to any part of a building wherein paint or oil are stored or kept for the purpose of sale or otherwise. § 76. Housekeeper in charge. In every hotel in which there are eight or more guest rooms and in which the owner does not live, there shall be a janitor, housekeeper or other responsible person, who shall reside in such hotel or on the same lot or premises thereof and have charge of same. § 77. Action to abate nuisance. Authority to execute order. In case any hotel, or any part thereof, is constructed, altered, converted or main- tained in violation of any provisions of this act or of any order or notice of the department charged with its enforcement, or in case a nui- sance exists in any such hotel or building or structure or upon the lot on which it is situated, said department may institute any appropriate action or proceeding to prevent such unlawful construction, alteration, conversion or maintenance, to restrain, correct or abate such violation or nuisance, to prevent the occupation of said hotel, building or struc- ture, to prevent any illegal act, conduct of business in or about such hotel or lot. In any such action or proceeding said department may, by affidavit setting forth the facts, apply to the superior court, or to any judge thereof, for an order granting the relief for which said action or proceeding is brought, or for an order enjoining all persons from doing or permitting to be done any work in or about such hotel, build- ing, structure or lot, or from occupying or using the same for any pur- pose, until the entry of final judgment or order. In case any notice or order issued by said department is not complied with, said depart- ment may apply to the superior court, or to any judge thereof, for an order authorizing said department to execute and carry out the provi- sions of said notice or order, to remove any violation specified in said order or notice, or to abate any nuisance in or about such hotel, build- ing or structure, or the lot upon which it is situated. The court, or any judge thereof, is hereby authorized to make any order specified in this section. In no case shall the said department or any officer thereof or the municipal corporation be liable for costs in any action or proceeding that may be commenced in pursuance of this act. §78. Fine a lien. Every fine imposed by judgment under section six of this act upon a hotel 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 recorder of the county in which said hotel is situated, subject only to taxes and assessments and water rates, and to such mortgage and mechanics' liens as may exist thereon prior to such filing; and it shall be the duty of the department charged with the enforcement of the provi- sions of this act, upon the entry of such judgment, to file forthwith the copy as aforesaid, and such copy upon filing "shall be forthwith indexed by the recorder in the index of mechanics' liens. § 79. Notice of pendency of action. In any action or proceeding instituted by the department charged with the enforcement of this 835 HOTELS. Act 1530a, §§ 80-82 act, the plaintiff or petitiuiier may file, in the county ret-ordor's office of the county where the property uffocted by such actiou or proceed- ing is situated, a notice of the pendency of such action or proceed- ing. Said notice may be filed at the time of the commencement of the action or proceeding, or at any time afterwards before final judg- ment or order, or at any time after the service of any notice or order issued by said department. Such notice shall have the same force and effect as the notice of pendency of action provided for in the Code of CiA'il Procedure. Each county recorder with whom such notice is filed shall record it and shall index it in the name of each [lorson specified in a diiection subscribed by an officer of the de- partment instituting such action or proceeding. Any such notice may be vacated upon the order of a judge of the court in which such action or proceeding was instituted or is pending. The recorder of the county where such notice is filed is hereby directed to mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of a certified copy of such order. § 80. Name of owner, etc., filed. Every owner of a hotel and every lessee or other person Jiaving control of a hotel, shall file in • the housing department a notice, containing his name and address, and also a description of the property, by street and number and otherwise, as the case may lie, in such manner as will enable the department charged with the enforcement of this act easily to find the same; and also the number of rooms in the building. In case of a transfer of any hotel, it shall be the duty of the grantee of said hotel to file in the housing department 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 duty of the heirs, or in case all the heirs are under age, it shall be the duty of the admin- istrator of the deceased owner of said property, to file in said de- partment 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. § 81. Name of agent filed. Every owner, agent or lessee of a hotel shall file in the housing department a notice containing the name and address of such agent of such house, for the purpose of receiving service of process, and also a description of the property, by street and nvmiber or otherwise, as the case may be, in such manner as will enable the department charged with the enforcement of this act easily to- find the same. The name of the owner or lessee may be filed as agent for this purpose. §82. Index of names. The names and addresses filed in accord- ance with sections seventy-nine and eighty shall be indexed by the housing department in such a manner that all of those filed in rela- Act 1530a, §§ 83-86 general laws. 836 tion to each hotel shall be together and readily ascertainable. Said indices shall be public records, open to public inspection during busi- ness hours. § 83. Time of service. Every notice or order in relation to a botel shall be served five daj's before the time for doing the thing in rela- tion to which it shall have been issued. § 84. Maimer of service. In any action brought by any depart- ment charged with the enforcement of this act in relation to a hotel for injunction, vacation of the premises or other abatement of nui- sance, or to establish a lien thereon, it shall be sufficient service of summons to serve the same as notices and orders are served under the provisions of the Code of Civil Procedure. § 85. Minimum recLuirements. Supplementary, Repealed. Powers of cities not abrogated. The provisions of this act shall be held to be the minimum requirements adopted for the protection, the health and the safety of the community, and for the protection, the health and the safety of the occupants of hotels. Nothing in this act contained shall be construed as prohibiting the local legislative body of any incorporated town, incorporated city, incorporated city and county, or county, from enacting from time to time, supplementary ordinances or laws impos- ing further restrictions, or provitling for fees to be charged for permits, certificates or other papers required by this act; but no ordinance, law, regulation or ruling of any municipal department, authority, officer or officers, shall repeal, amend, modify or dispense with any of the pro- visions of this act. All statutes of the state and all ordinances of incorporated towns, incorporated cities, incorjiorated cities and counties, and counties, as far as inconsistent with the provisions of this act, are hereby repealed; provided, that nothing in this act contained shall be construed as re- pealing or abrogating any present ordinance or law of any incorporated town, incorjjorated city, incorporated city and county, or county, in the state which further restrict^ the percentage of the lot to be covered by a hotel, the* number of stories or height of such hotel or number of rooms therein, the occupation thereof, the materials to be used in its construction, or increasing the size of the yards or courts, the floor space to eaeli person occui>ying a room, the requirements as to sanitation, ven- tilation, light and jirotection against fire. Notliing in this act contained shall be construed as abrogating dimin- ishing, minimizing or denying the power of any incorporated town in corporated city, iiicorjiorated city and county, or county, by ordinance or law, to further restrict tlie percentage of the lot to be covered by a hotel witiiin siiid iiiiiiii(i|iilit \ , tlic iiniiiher of stories or height of such liotel or numlier of ruoiiis liiereiii. the occupation tiiereof, the materials to be used in its construction, or increasing the size of the yards or courts, the floor space to e;icii person occupying 'i room, the requirements as to sanitation, ventihition, ligiil ••iiid |jrolei-tion against fire. §86. Constitutionality. It iuiy section, subsection, sentence, clause or [dirase of tliis act is for any reason held to be unconstitutional, such 837 HOTELS. Act 1532, § 1 decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause, and phrase thereof, ir- respective of the fact that any one or more sections, subsections, sen- tences, clauses, or phrases be declared unconstitutional. §87. In effect when. This act sluili take effect and ))0 in force from and after September 1, 1917. § 88. Repealed. "An act to regulate the building and occupancy of liotels and lodging-houses in Incorporated towns, incorporated cities, and cities and counties, and to provide penalties for the violation thereof," approved June 16, 1913, Statutes of California of 1913, page 1429, and all acts amending said act, are hereby repealed. ACT 1531. An act relating to hotels, defining the same, providing regulations in connection therewith, providing for the sanitation of the rooms of such hotels, providing for the sanitary method and manner of keep- ing, handling and using bedclothes or bedcovering in such hotels, repealing all acts or parts of acts in conflict with this act, providing for its enforcement by the state board of health and providing a penalty for the violation of any of its provisions. [Approved April 26, 1915. Stats. 1915, p. 213.] Eepealed 1917; Stats. 1917, p. 432. See next Act. ACT 1532. An act relating to hotels, defining the same, providing regulations in connection therewith, providing for the sanitation of the rooms of such hotels, providing for the sanitary method and manner of keep- ing, handling and using bedclothes or bedcovering in such hotels,' providing for its enforcement by the state board of health and local health officers, prescribing a penalty for the violation of the pro- visions hereof; and repealing an act entitled "An act relating to hotels, defining the same, providing regulations in connection there- with, providing for the sanitation of the rooms of such hotels, pro- viding for the sanitary method and manner of keeping, handling and using bedclothes or bedcovering in su'ch hotels, repealing all acts or parts of acts in conflict with this act, providing for its enforce- ment by the state board of health, and providing a penalty for the violation of any of its 2)rovisions," approved April 26, 1915. [Approved May 11, 1917. Stats. 1917, p. 432. In efl'ect July 27, 1917. | § 1. Hotel defined. Every building or structure, kept as, used as, maintained as, or advertised as, or held out to the public to iSe, a place where sleeping or rooming accommodations are furnished to the public, or any part of the public, whether with or without meals, shall, for the purpose of this act, be deemed to be a hotel, and whenever the word "hotel " shall occur in this acf, it shall be deemed to include lodging- house and rooming-house. Act 1532, §§ 2-10 GENERAL LAWS. 838 § 2. Clean 'bedding, etc. All bedding, bedclothes, or bedcovering, in- cluding mattresses, quilts, blankets, sheets, pillows or comforters, used in any hotel in this state must be kept clean and free from all filth or dirt; provided, that no bedding, bedclothes or bedcovering, including mattresses, quilts, blankets, sheets, pillows or comforters, shall be used which is worn out or unfit for use by human beings according to the true intent and meaning of this act. § 3, Infected rooms fumigated. Any room in any hotel in this state which is or shall be infected with vermin or bedbugs or similar things, shall be thoroughly fumigated, disinfected and renovated until such ver- min or bedbugs or other similar things are entirely exterminated. § 4. Clean rooms. Every room in any hotel in this state used for sleeping purposes, must be kept free from any and every kind of dirt or filth of whatsoever nature, and the walls, floors, ceilings and doors of every such room shall be kept free from dirt. § 5. Ventilation devices. Every room in any hotel, used for sleep- ing purposes, shall have devices, such as a window or transom, so con- structed as to allow for proper and a sufficient amount of ventilation in each such room. § 6. Size of sheets. Every bed, for the accommodation of any person or persons or guests, kept or used in any hotel in this state, must be provided with a sufiticient supply of clean bedding and must be provided with sheets at least eighty-one inches wide and ninetj'-eight inches long; provided, however, that on every single bed there shall be sheets at least fifty inches wide and ninety-eight inches long. Every bed shall be supplied with clean sheets and pillow slips as often as assigned to a different person. §7. Individual towels. Every hotel, within this state, having a pub- lic washstand or washbowl, where different persons gather to wash them- selves, must keep a sufficient supply of clean individual towels for the use of such persons within easy access of or to such persons and in plain sight and view. § 8. Penalty for violation. Every owner, manager, lessee or other person in charge of any hold in this state who shall fail to comply with this act whether through the acts of his agents or employees, or other- wise, shall be guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or shall be imprisoned for not more than three mouths; and every day that any hotel shall be kept in violation of any of the provisious of this act such keeping shall con- stitute a separate oifense. § 9. Enforcement. It shall be the duty of the state board of healtli and local health officers to enforce the provisious of this act. §10. Other than hotels. Nothing in tliis act sliall be construed to include cots or bunks where the same are used in places other than in hotels. 839 HOURS OF LABOR — IMMIGRATION. ActS 1537, 1589 § 11. Stats. 1915, p. 213, repealed. Au act of the legislature entitled "An act relating to hotels, defining the same, providing regulations in connection therewith, providing for the sanitation of the rooms of such hotels, providing for the sanitary method and manner of keeping, hand- ling and using bedclothes or bcdcovering in such hotels, repealing all acts or parts of acts in conflict with this act, providing for its enforce- ment by the state board of health, and providing a penalty for the violation of any of its provisions," approved April 26, 1915, is hereby repealed. TITLE 242. HOURS OF LABOR. ACT 1537. An act limiting the hours of labor of females employed in any manu faeturing, mechanical or mercantile establishment, laundry, hotel, or restaurant, or telegraph or telephone establishment or office, or by any express or transportation company; compelling each employer in any manufacturing, mechanical, or mercantile establishment, laun- dry, hotel or restaurant, or other establishment employing any female to provide suitable seats for all female employees and to permit them to use such seats when they are not engaged in the active duties of their employment; and providing a penalty for failure, neglect, or refusal of the employer to comply with the provisions of this act, and for permitting or suffering any overseer, superintendent, foreman or other agent of any such employer to violate the provi- sions or this act. [/Approved March 22, 1911. Stats. 1911, p. 437.] Amended 1913, p. 713; 1917, p. 828. The amendment of 1917 follows: § 1. Females not to work more than eight hours per day. Not applicable to nurses, fruit-canning, etc. Xo female shall be employed in any manufacturing, mechanical or mercantile establishment, laun- dry, hotel, public lodging-house, apartment house, hopital, place of amusement, or restaurant or telegraph or telephone establishment or office, or by any express or transportation company in this state more than eight hours during any one day or more than forty-eight hours in one week. The hours of work may be so arranged as to permit the employment of females at any time so that they shall not w^ork more than eight hours during the twenty-four hours of one day, or forty-eight hours during any one week; provided, however, that the provisions of this section in relation to hours of employment shall not apply to or affect graduate nurses in hospitals, nor the harvesting, cur- ing, canning or drying of any variety of perishable fruit, fish or vege- table during such periods as may be necessary to harvest, cure, can or dry said fruit, fish or vegetable in order to save the same from spoiling. [Amendment approved May 23, 1917; Stats. 1917, p. 828.] TITLE 249. IMMIGRATION. ACT 1589. Au act relating to immigrants and immigration, creating a commission of immigration and housing, providing for the employment by said Act 1589, §§ 15-17 GENERAL LAWS. 840 eommissiou of a secretary, agents and other employees, authorizing said commission to fix their compensation, prescribing the duties of said commission, providing for the investigation by said commission of all things affecting immigrants, and for the care, protection anl welfare of immigrants, and making an appropriation for the purpose of carrying out the provisions hereof. [Approved June 12, 1913. Stats. 1913, p. 608.] Amended 191-5, p. 81-8; 1917, p. 1.514. The amendment of 1917 follows: § 15. Immigration and housing conunission to promote city planning. The eommi.*sion may make investigations of the housing of immigrants and working people and of city planning in California and elsewhere, may encourage the creation of local city planning commissions and may furnish information 2s to the progress of other cities for the use of such commissions. It may investigate and report upon defective housing and the evils resulting therefrom and the work being done to remedy the same in California and elsewhere. It may make studies of the opera- tion and enforcement of building and tenement house laws, of housing finances and taxes, of zoning and districting regulations and may promote the formation of organizations intended to increase the supply of wholesome homes -for the people, and aid in the enforcement of any laws enacted to promote the purposes for which the commission is established. [New section added May 31, 1917; Stats. 1917, p. 1514.] § 16. Annual report of city planning commissions. Conference. City planners. It shall be the duty of each and every city-planning commission or housing commission of any incorporated city or town in the state of California to file on the first day of June of each year with the secretary of the commission of immigration and housing of California a complete report of its transactions and recommendations to any municipal organiza- tion or private person or corporation during the previous year, and par- ticularly to report an^' conflict in authority, lack of co-operatiou with iocal municipal authorities or with adjoining cities, with recommendations for needed legislation to properly carry on the development of their housing and city-planning work. The commission may annually, or oftener, call a conference of representatives of these commissions, of local health officers, housing inspectors, building inspectors or such other municipal officers as it shall deem advisable to carry out tlie ^uirposes of this act. The commission may employ city planners and other persons whose salaries, wages and other necessary expenses of the commission will be provided for out of tlie funds at the disposal of the commission. [New sc<-fioii adose he may by subpoena require the attendance before him of a clinical psychologist and a reputable physician, or one of each, or two of either, to examine such person and testify as to his or her mentality. Such physicians must have made a special study of mental deficiency and be qualified to act as "medical examiners." The said judge may also by subpoena require the attendance of such other persons to give evidence as he may deem advis- able, and if the judge find such person to be a feeble-minded person, as defined by section sixteen of this act, or an epileptic person under twenty-one years of age, and that such person has been a resident of the state for at least one year next preceding the presentation of the petition, such judge may make an order of commitment to said institu- tion, and on the presentation of such order the superintendent must re- ceive such person therein; provided, that, in the opinion of the board of trustees, the condition of such person, the accommodation at the said institution, and the state of its finances, be such as to justify the re- ceiving of such person. Pending the said investigation the said sup- posedly feeble-minded or epileptic person may be left in charge of the parent, guardian or other suitable person or in a detention home. § 20. Order to pay expenses. Tiie judge shall attach to the order of commitment his findings and conclusions, together with all the social and other data ho may have bearing upon the case, and the same shall be delivered to the said institution with such order. The judge must in- quire into the financial condition of the parent, guardian or other person charged with the support of any such person, and if he find him able to do so, in whole or in part, he must make a further order, requiring him or her to pay, to the extent the judge may consider him or her able to pay, the expenses of the proceedings in connection with the investiga- tion, detention and commitment of such person, and the expenses of the delivery thereof to the institution, and to pay to the institution, at stated periods, such sums as, in the opinion of the judge, are proper, during such time as the persou may remain in the institution. This order may be enforced by such furtlicr orders us the judge deems neces- sary, and may be varied, altered or revoked in his discretion. 847 INSANE. Act 1648, §§21-26 § 21. Petitioner to pay, when. In case of the dismissal of the said petitioner, the judge may, if he considers the petition to have been filed with malicious intent, order the petitioner to pay the expenses in con- nection therewith, and may enforce the same by such further orders as he may deem necessary. § 22. Penalty. Any one who shall knowingly contrive to have any person adjudged feeble-minded under this act, unlawfully or improperly, shall be deemed guilty of a misdemeanor. § 23. Feeble-minded boy or girl before juvenile court. When a boy or girl is brought before a juvenile court under the juvenile court law, if it appear to the court, either before or after adjudication, that such person is feeble-minded within the meaning of this act; or if on the conviction of any person of crime by any court it appear to the court that such person is feeble-minded as aforesaid, the court may adjourn the proceedings or suspend the sentence, as the case may be, and direct some suitable person to take proceedings under this act against the person before the court, and the court may order that, pending the preparation, filing, and hearing of the petition, the person before the court be detained in a place of safety, or be placed under the guard- ianship of some suitable person, on his entering into a recognizance for the appearance of the person upon trial or under conviction when required. If upon the hearing of the petition, or upon a subsequent hearing under this act, the person upon trial or under conviction be not found to be feeble-minded, the court may proceed with the trial or impose sentence, as the case may be. § 24. Persons admitted for observation. The superintendent may admit to the Pacific Colony temporarily, without commitment, under such rules and regulations as the board of trustees may prescribe, for purposes of observation and testing, such persons, as are suspected of being feeble-minded, to acertain whether or not they are actually mentally defective, and proper cases for care, treatment and training in an institution for the feeble-minded, and if such is found to be the case, application may be made to the superior court for an order of commitment of such persons to such an institution. On presentation of an affidavit or affidavits of the facts upon which such opinion is based, the judge of the said court may make such order. § 25. Witness fees. Each psychologist and physician shall be en- titled to receive for each attendance mentioned in section nineteen the sum of five dollars for each person examined, together with his necessary actual expenses occasioned thereby, and other witnesses shall be entitled to receive for such attendance such fees and ex- penses as the court in its discretion may allow, if any, not exceeding the fees and expenses allowed by law in other cases in the said courts. § 26. Payment by county treasurer. Any fees or traveling expenses payable to a psychologist, physician, or witness as aforesaid, and all expenses connected with the execution of any process under this act, which may not be paid by the parent, guardian or person charged Act 1648, §§ 27-30 general laws. ' 848 with the support of the said supposed feebie-minded or epileptic per- son, shall be paid by the county treasurer of the county in which such person resides, upon the presentation to the treasurer of a certificate of the said judge that the party is entitled thereto. § 27. Ti'aiisfer to or from state hospital for insane. The said board of trustee, when it shall deem desirable, owing to the mental condition of an inmate of the Pacific Colony, may, with the approval of the state commission in lunacy, transfer such inmate to a state hospital for the insane, provided that on due investigation by such commission, the commission shall consider such inmate a fit subject therefor. And the said commission, whenever on due observation and investigation it shall consider a patient in any state hospital for the insane eligible for commitment to the Pacific Colony may with the approval of the said board of trustees, transfer such patient thereto, for care and treatment therein. § 28. Transfer to or from Sonoma State Home. Inmates of the Sonoma State Home may be transferred to the Pacific Colony, and inmates of the Pacific Colony may be transferred to the Sonoma State Home, at any time and from time to time as may be agreed upon by the boards of trustees of the two institutions, upon the application of the parent, guardian or other persons charged with the support of such inmate, provided he pay the expenses thereof, and may, with the approval of the state board of control, be so transferred without such application and without such payment, in which latter case the expenses thereof shall be paid by either or both of such institutions as may be determined by the state board of control. § 29. Liability for support unchanged. In the event of the trans- fer of any inmate or patient as provided in sections twenty-seven and twenty-eight of this act the liability of any estate, person or county for the care, support and maintenance of such person, shall be the same to the institution to which the person is transferred as it was to the institution from which the transfer is made. § 30. Execution of writ of commitment. It shall be the dnty of tlic sliorifl' of any county wherein an order is made by the jvrdge of the sujierior court committing any person to the Pacific Colony, or of any other jjerson designated by the said judge, to execute the writ of commitment, ami to receive as compensation therefor such fees as are now or rnny iicre:il'tei- \>v provided by law for the transportation of prisoners to tiic state prison; provided, tlint in all cases the parent, guardian or ntlicr [icison charged with the sn|i|i(ii-t of such person may, at iiis (ijilion. witii t lu> approval oT the said Judge, and in all ••ases where he is aide or tiie estate of sucii j)crson is sullicicnt, shall, if the said jndgi' n|i|ii-o\c, without expense to the county or state, execute said writ, after Ixdny duly sworn tliiMefor, witli like effect and with like jjowers as tiie slicrilV would have; but no su(di person, being a female, shall be tnkcn to the said colony by any male person not lior husband, Inthcr, brother or son, without the attendance of some woman of good chaiacter and mature age, chosen for the pur- 849 INSANE. Act 1648, §§ 31-35 ])osc by the judge, which woiiian sliall, if the jiulge see fit, be paid therefor such reasonable remuneration as he may allow. §31. Payments by county. For each, person committed to the Pacific Colony there shall be paid by the county from which he is com- mitted, to the state treasurer, the sum of fifteen dollars monthly, for and during each month or part of month such person so committed remains an inmate of the institution, in case the payments herein provided to be made by the parent, guardian or other person charged with the support of any such person should not be made, and to the extent they are not made, not exceeding fifteen dollars per month. § 32. Statement by county auditor. Each county auditor must in- clude in his state settlement report, rendered to the controller in the months of May and December, the amount due under this act. by reason of commitment to the Pacific Colony, and the county treasurer, at the time of the settlement with the state in such months, must pay to the state treasurer, upon the order of the controller, the amounts found to be due by reason of the commitments herein referred to. § 33. When others may be admitted. Whenever the accommoda- tions of the Pacific Colony permit, and if such action does not conflict with the interest or welfare of committed cases, the board of trustees, without judicial commitment, and upon such terms as may appear to said board to be to the best interests of the state, may admit to said institution epileptics, of any age, and also such other persons as are, under the provisions of tliis act, eligible for admission to said institution. § 34. Transfer from state schools. Any boy who has been or may hereafter be committed to the Preston School of Industry, or the Whittier State School, or any girl who has been or may hereafter be committed to the California School for Girls at Ventura, or to any similar institution now or hereafter created, who comes within the provisions of this act, may, on application to a judge of the superior court of the county in which such person may be located, by the superintendent of the institution to which he or she has been com- mitted, be discharged from such last mentioned institution, and be recommitted, for an indeterminate period, to the Pacific Colony to the Sonoma State Home or to any similar institution hereafter created; provided, the findings of the judge and the opinion of the board of trustees of the institution to which such boy or girl is sought to be committed are the same as on the commitment to and receiving into the Pacific Colony of other persons as aforesaid; and provided, that there shall have been served upon such relatives of said boy or girl, or upon such other persons and in such manner as the said judge may deem necessary or proper, such notice of the application as he shall consider sufficient, in order to enable them to be heard on the application. § 35. Object of colony. The object aimed at in the Pacific Col- ony shall be such care and training of its inmates as to render them more 54 Act 1648, §§36-42 general laws. 850 useful and happy, and tend to make them as nearly self-supporting as their level of intelligence may permit. § 36. Manufacture of furniture, etc. The Pacific Colony may manu- facture or raise for sale, such articles of furniture, supplies or produce as may be used in the said or any other state institution, subject to the approval and under the control of the state board of control. § 37. Disposition of funds. All moneys received from the sale of articles of furniture, supplies or produce as provided in section thirty- six of this act shall be paid to the state treasurer, to be placed in the contingent fund to the credit of the said colony and for its use. § 38. Department for clinical diagnois. The Pacific Colony shall have a department for the clinical diagnosis of inmates, and their subsequent classification and observation, with a view to their proper segregation and treatment. § 39. Examination of inmate before discharge. The superintendent shall, at least two weeks before the discharge of any inmate, have made, by a trained clinical psychologist, an examination of the mental con- dition of such inmate, and a permanent record thereof shall be kept in the office of the superintendent; which record shall be open to the in- spection of all state boards or commissioners authorized by law to in- vestigate or inspect the institution. § 40. Biennial report of superintendent. The superintendent shall issue, at the end of each period of two years, a report of the work done during that period, giving the number of inmates received within that time, their sex, nativity, residence, date of reception, level of intelligence determined as aforesaid, and the results of the investigations that may have been made; such report shall also give the number of inmates dis- charged during that period, with the date and reason therefor, and the names of all paying inmates, the amounts charged for them, and the amounts received therefrom, together with such other information or suggestions as shall be required by the board of trustees or the state board of control, or to the superintendent may seem desirable; which report shall be kept on file in the office of the superintendent, but shall not be printed. A copy of such report shall be sent to the governor, along with the biennial report of the board of trustees, and may be printed for the use of the legislature or for distribution; provided, the names of the inmates are not given or their identity made evident, § 41. Discharge of inmates. The board of trustees may discharge, or the superinti'iidciit may grant a temporary leave of absence to, any in- mate at any time. § 42. Sterilization before discharge. Before any inmate who has boon committed to the Pacific Colony, and who is feeble-minded or is afflicted with incurable chronic mania or dementia, shall be released or discharged therefrom, the board of trustees on the recommendation of the superintendent approved by a clinical psychologist holding the degree of Ph.D. and a physician qualified to serve under section nineteen of this act, after they shall have made a careful investigation of all the circum- 851 INSANE. Act 1648, §§ 43-47 stances of the case, may cause such person to be sterilizedj and such sterilization, whether with or without the consent of the inmate, shall be lawful, and shall not render the said commission, or its members, or any person participating in the operation, the said trustees, the said colony, or any of its oliicers or employees, liable civilly or criminally. § 43. Actiou against trustees, etc. No civil action shall be brought against the trustees, the superintejident, or any other officer or employee of the said colony, because of any act done or failure to perform any act while dischargiug his official duties, without leave of the controller hrst had or obtained. Any just claim for damages against such trustee, superintendent, officer or employee, for which the state would be legally or equitably liable, may be paid out of any moneys appropriated for the said institution. § 44. Penalty for bringing drugs or liquor. Any person, not au- thorized by law, who brings into the said colony, or within the grounds adjoining or adjacent thereto, any opium, morphine, cocaine, or other narcotic, or any intoxicating liquor of any kind whatever, except for medicinal or mechanical purposes, or any firearms, weapons or explosives of any kind, is guilty of a misdemeanor. § 45. Penalty for aiding escape. If any person procure the escape of any male inmate of the said colony, or advise, connive at, aid or assist in such escape, or conceal any such inmate after such escape, or if any person advise or connive at the escape of any female inmate of the said colony, he or she is guilty of a misdemeanor; and if any person procure the escape of any female inmate of the said colony, or aid or assist in such escape, or conceal such female inmate after such escape, he or she is guilty of a felony. § 46. Trustees, etc., not to be interested in contracts. No trustee or employee of the said colony shall be personally, directly or indirectly, interested in any contract, purchase 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 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 or the board of trustees, as the case may be, upon satisfactory proof 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, wiio shall take such legal steps in the premises as he shall deem expedient. § 47. Exempt from control of state commission in lunacy. The Pacific Colony, its inmates, officers, employees and property are hereby declared to be exempt from the operation of chapter one, title five, part three of the Political Code, and free from the supervision, inspection or con- trol of the state commission in lunacy. Act 1648a, §§ 1, 2 general laws. 852 § 48. Appropriation. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, the sum of two hun- dred fifty thousand dollars ($250,000) for the purposes of this act. § 49. Payment. The controller of the state is hereby directed on requisition of the board of trustees, duly audited by the state board of control, to draw his warrant on the state treasurer in favor of the board of trustees for any moneys duly appropriated, to pay for the expenditures in the establishment and maintenance of the said colony, and the said treasurer is directed to pay the same from the appropria- tions provided therefor. § 50. Validity. The invalidity of any part of this act shall not be construed to affect the validity of any other part capable of having practical operation and effect without the invalid part. ACT 1648a. An act to authorize and empower the board of managers of the Agnews State Hospital to grant, under the conditions herein provided, to the Southern Pacific Railroad Company, a corporation, a right of way and easement for the purpose of constructing, maintaining and operating an industrial spur track over, along and upon a strip of land situate in the county of Santa Clara and belonging to the state of California. [Approved May 5, 1917. Stats. 1917, p. 251. In effect July 27, 1917.] § 1. Board of managers of Agnews State Hospital may grant right of way. The board of managers of the Agnews State Hospital is hereby authorized and empowered, in its discretion, under the conditions herein provided, to grant to the Southern Pacific Railw^ay Company, a corpora- tion, a right of way and easement for the purpose of constructing, main- taining and operating an industrial spur track to the adjacent property of Western Grain and Sugar Products Company, a corporation, over, along and upon a strip of land not to exceed thirty feet in width, situate along the northerly and easterly boundaries of the land owned by the state of California whereon said Agnews State Hospital is located, in the county of Santa Clara, in said state, together with the right to con- nect such spur track with its existing line of railroad along and upon the arc of a curve having a radius no greater lliaii that of the spur track mentioned in section two lioreof. §2. Conditions. Such giant sliall lie iiiiule only upon llic liapponiug of the following conditions precedent, namely; The said Soutliern Pacific Railway Company shall agree and bind itself, so soon as said spur track .shall he complctcil Mnd in i oiidition to oiiciatc, to take up and remove from th(! stri|) of hind knciwii as Scott lane, and also sometimes called the Old Jjick Mills road, all of the ties, rails and roadbed of the existing spur track thereon, situate northerly and easterly of the point where the spur track running to said state hoS[)ital departs from said Scott laJU', ami to icniove the em])ankmcnt wliereon said portion of said spur track to be removed is now constructed. Said company shall further agree and bind itself so to construct such proposed new spur track as 853 INSECTS — INSURANCE. Acts 165], 1667, § 7 to provide ample facilities thereunder for the free and unimpeded flow and drainage of the storm waters usually and ordinarily cast upon said lands of the state in times of heavy and prolonged rainfall. TITLE 257. INSECTS. ACT 1651. An act to prevent the importation into or tiansportation through the state of California of insects injurious to cultivated crops,, provid- ing exemption for sjiecific scientific purposes, fixing the authority to grant such exemption and providing a penalty for a violation of the terms of this act. [Approved May H, 1917. Stats. 1917, p. 271. In effect July 27, 1917.] § 1. Importation of injurious insects forbidden. No person, firm or corporation shall bring into the state of California, nor shall any rail- road, steamship, express or other, transportation company knowingly transport into the state of California from any state, territory or district in the United States, or from any foreign country, or from one point or place in the state of California to another point or place therein, any cotton boll weevil, gypsy moth, or any insect in a live state which is injurious to cultivated crops, or the eggs, larvae of pupae of any insect injurious as aforesaid, except when brought for scientific purposes under the regulations hereinafter provided for; nor shall any person bring into the state of California from any state, territory or district in the United States, or from any foreign country, or from any point or place in the state of California to another point or place therein, except for scientific purposes under the regulations as hereinafter provided for, any insect in a live state which is injurious to cultivated crops, or the eggs, larvae or pupae of any insect injurious as aforesaid. § 2. Insects for scientific purposes exempted. No provision in this act shall apply to the transportation or moving into or through the state of California, of live insects for scientific purposes under the rules and regulations promulgated by the United States department of agriculture, or by the state commissioner of horticulture of California. § 3. Penalty. Any person, firm or organization who shall violate the provisions of section one of this act shall be guilty of a misdemeanor. TITLE 259. INSURANCE. ACT 1667. To provide for the organization and management of county fire insur- ance companies. [Stats. 1897, p. 439.] Amended 1907, p. 941; 1909, p. 912; 1911, p. 1339; 1917, pp. 163, 943. § 7. Qualifications for members. Any person owning insurable prop- erty in the county in which any such company is formed or any person owning insurable property in any county adjoining the county -wherein such company is formed as hereinafter provided, may become a member Act 1667, §§ 8, 10 GENERAL, LAWS. 854 by insuring therein, and shall be entitled to all the rights and privileges appertaining thereto; but no person not residing in the county in which a company is formed shall become a director of such a company. [Amendment approved May 26, 1917. Stats. 1917, p. 844.] § 8. What may be insured. Limitation. Pro rata share of expense and. loss. Such company may issue policies on detached dwellings, school- houses, churches, and farm buildings (except hotels and public barns or garages); and such property as may be contained therein; also, on prop- erty owjied by the assured on the premises or stored in jjublic or private warehouses outside the corporate limits of any ci'ty or town; provided, that insurance upon personal property owned by the insured including automobiles and livestock permitted under this act, shall continue in full force and effect during the use or transportation thereof in the ordinary course of business of the insured wherever the same may be located at the time of loss; all for any time not exceeding five years and not to extend beyond the time limited for the existence of the char- ter; provided, however, that if an amount in excess of four thousand five hundred dollars subject to one risk or hazard be written, then all in excess of this amount must be immediately placed with or reinsured in some other company; provided, also, that no company that has been organized more than six months shall write insurance subject to one fire in amount exceeding three per cent of the total amount of risks or hazards upon the books of any such company. All persons, whose prop- erty is so insured, shall give their obligations to the company binding themselves, their heirs and assigns to pay their pro rata share to the company of the necessary expense and loss by fire which may be sus- tained by any member thereof during the time for which their respec- tive policies are written; and they shall also at the time of effecting the insurance pay -such percentage in cash and such other charges as may be required by law or by the rules and by-laws of the company. [Amendment approved May 26, 1917; Stats. 1917, p. 944.] § 10. Insuring outside county and in municipalities. Definition of terms. No such company shall insure any property beyond the limits of the county wherein the said company is organized, excepting that the company may insure in any county next adjoining the county wherein sucli company is organized. No such company sliall issue policies cover- ing on property in excess of four thousand five hundred dollars on any one risk or hazard under one or more policies, without immediately re- insuring the excess amount in some other company. Nor shall any such company assume a risk or risks on property situated in the limits of any city or town, or within any closely built up district, within any one block, without immediately reinsuring all in excess of four thousand five hundred dollars. Any such company may reinsure or accept reinsur- ance in any company operating under the provisions of this act, and not otherwise, but in no case shall the reinsurance taken by any one company exceed the amount of the risk written by the company originat- ing the business. The location, character of, and number of risks rein- Hurod shall not vary from that pc^rmitted in the case of original insur- ance. Where the amount of insurance covered by policies already written exceeds four thousand five hundred dollars, no additional in- 855 INSURANCE. Act 1667, §§ 12, 16 surance shall be written by such company on farm property, within a radius of one hundred feet and such radius shall continue at not less than seventy-five feet during the life of the policy, nor shall any risk be taken on any building closer than one hundred feet to any business property, nor shall any insurance be written by any such company on city or country property in excess of seventy-five per cent of its actual cash value and no additional insurance shall be allowed. For the purpose of this act "a city or town block" shall be construed to be an area having at least one frontage in a closely built up district fronting on a used public street or highway, surrounded on all sides by a clear space at least equal in width to the clear space of such public street or highway and containing an area of not more than one hundred sixty thousand square feet. "Closely built up district" shall mean territory on the line of a public highway or street or block or blocks where for not less than a quarter of a mile the dwelling-houses and business structures average less than one hundred feet apart. "One risk" means one hazard under one or more policies, subject to one fire and relates to the amount named in the policy or policies. "Clear space" means space free from combustible material likely to communicate fire. [Amendment approved May 26, 1917; Stats. 1917, p. 945.] § 12. Assessments for deficiency. Loans to meet losses not over cer- tain amount. 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 gompany, who shall make an assess- ment upon all of the property to the amount for which each several piece of property is insured, taken in connection with the rate of pre- mium under which it may be classified; except when the amount of such loss or losses does not exceed one-eighth of one per cent of the total amount of insurance in force in any county fire insurance company, then and in such event the directors of said company may, by resolution in writing, signed by two-thirds of said directors in meeting assembled, borrow in the name of said company and give said company's note or other evidence of indebtedness therefor, in an amount or amounts whose total shall not exceed one-eighth of one per cent of the total amount of insurance in force in said company. The term of said loan or loans shall not be for a greater period than twelve months nor shall the date of maturity be in excess of thirty days beyond the date of the annual meeting of said company; 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 constitute a reserve fund to be used in emergency cases only and another assess- ment for this fund shall not be made while this reserve fund remains intact. [Amendment approved April 24, 1917; Stats. 1917, p. 163.] § 16, Withdrawals. Any member of such company may withdraw therefrom by surrendering his policy for cancellation at any time while the organization continues the business for which it was organized, by giving notice in writing to the secretary thereof, and paying his share Act 1667, § I8V2 GENERAL LAWS. 856 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 rules or methods of standard fire insurance companies doing business in this state. [Amend- ment approved April 24, 1917; Stats. 1917, p. 164.] § 18i. Form of county fire insurance policy. The following is adopted as a standard form of county fire insurance company's policy for the state of California: CALIFORNIA STANDARD FORM COUNTY 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 Cali- fornia, and name of the county in which incorporated or organized.) By this policy of insurance the of county, in consideration of dollars, and the obligation as described herein and in applica- tion, does accept as a member and insures against loss or damage by fire during a term of years, commencing at noon on the day of , one thousand nine hundred and , and terminating at noon on the day of , one thousand nine hundred and , to the amount of dollars. On the following propert}', to wit: (Blank space for the attachment of forms.) For a more particular description, and as forming a part of this policy, reference is had to application* No. on file in the office of this company. This 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 estimated without allowance for any increased cost of repair or recon- struction by reason of any ordinance or law regulating repair or recon- struction of buildings, and without compensation for loss resulting from interruption of business or manufacture. This policy is made and accepted subject to the foregoing stipulations and conditions and those hereinafter stated, which are hereby specifically referred to and made a part of this policy, together with such other pro- visions agreements or conditions as may be indorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except bv writing indorsed liereon or added hereto, and no person unless duly aiitliori/.ed in writing shall be deemed the agent of this company. The cli.'irtcr and by-laws of this com]>any are to be resorted to and used to explain the riglits ami <)l>ligatio7is of the p;irties hereto in all cases not herein otherwise csiiccially provided for, and are liereb}' made 857 INSURANCE. Act 1667, § I8V2 a part of this policy. This policy is made and accepted upon the above expressed condition. This policy shall not bo valid until countersigned by the duly author- ized secretary of the company at , California. In witness whereof, this company has executed and attested these presents (here insert name of company) by President. C^ountersigned at , California, this day of , one thousand nine hundred aiul ■. Secretary. STIPULATIONS AND CONDITIONS SPECIALLY EEFERRED TO. Stipulations and conditions. Property not covered, (a) this company shall not be liable for loss to accounts, bills, currency, evidence of debt or ownership of other documents, money, notes, or securities; nor (b) unless liability is sj>ecifically assumed hereon, for the loss of bullion, casts, curiosities, drawings, dies, jewels, manuscripts, medals, models, patterns, pictures, scientific apparatus, business or store or oflfice furniture or fix- tures, sculptures, frescoes and decorations, or property held on storage or for repair. Hazards not covered. This company shall not be liable for loss by (a) theft, or (b) neglect of the insured to use all reasonable means to save and preserve the property at and after a fire, or when the prop- erty is endangered by fire; or (c) (unless fire ensues, and in that event 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 military or usurped power, or order of any civil authority, but the company will be liable, unless otherwise provided by indorsement hereon or added hereto, if the property is lost or dam- aged, 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 ease of any fraud or false swearing by the insured touching any matter re- lating 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 shall procure any other insuran'^e, 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 sim- ple, or (d)' if with the knowledge of the insured foreclosure proceedings be commenced or notice given of sale of any property covered by this policy by virtue of any mortgage or trust deed, or (e) if this policy be assigned before a loss. Act 1667, § 181/2 GENERAL LAWS. 858 Matters suspending insurance. Unless otherwise provided by agree- ment 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 ten 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 illu- minating gas or vapor be generated in the described building (or adja- cent 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, phosphorus, dynamite, nitroglycerine, fireworks or other explosive; or exceeding 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 death of the insured; (2) 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 beyond 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 hereunder while encumbered by a chattel mortgage, but the liability of the company upon other property hereby insured shall not be affected by such chattel mortgage. Fallen building clause. Unless otherwise provided by agreement in- dorsed 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 build- ing or its contents shall immediately cease. Removal when endangered by fire. Sliould any of said property be necessarily removed because of dang<>r from fire, and there is no other insurance 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 ijisurance thereon, that part of this policy in excess of its proportion of the value of the insured pro])erty remaining in the original location, shall, for the ensuing five days only, cover the said removed jirojierty in its new location or locations. Cancellation. This policy may We canceled and tlie insured as a mem- ber of this company may withdraw therefrom by the insured surrender- ing his policy for cancellation at any time while the company continues the business for which it was organized, by giving notice in writing to the secretary thereof and paying his share of all (daims that may exist against this company; provided, that this company siiall have power to cancel or terminate any policy by giving tlie insured five days written notice to lliat effect and returning to liini any excess of premium he may 859 INSURANCE. Act 1667, § IHi/o have paid during the term of the policy, over the eost of his insurance as measured by the rate of standard fire insurance companies doing busi- aiess in this state. Adjustment of losses — Arbitration. The insured who may sustain loss or damage by fire shall immediately notify the president, or in his ab- sence, the secretarj^ of this company, stating the amount of damage or loss sustained or claimed and if not more than one thousand five hundred dollars then the president and secretary shall jaroceed 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 one thousand five hundred dollars, then the president of this company, or in his absence, the vice- president, or in the absence of both the secretary thereof, shall forth- with convene the board of directors of said company, whose duty it shall be when convened, to appoint a committee of not less than three dis- interested members of this company, to ascertain the amount of such damage or loss. If in either ease there is a failure of the parties to agree upon the amount of such damage or loss they may submit the ques- tion of the amount of such loss to arbitration, and in that event the presi- dent of the company shall appoint one disinterested person to act as an arbitrator, and the claimant 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 disinterested person to act with them and such arbi- trators so appointed 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 loss sus- tained. 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 discharge 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. Option 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 liability 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 re- quested, within twenty days after their receipt, or, within twenty days after the receipt of an affidavit that the insured is unable to furnish such amendmeifts. There can be no abandonment to this company of any property. Apportionment of loss. This company shall not be liable under this policy for a greater proportion of any loss on the described property, or for loss by, and expense of, removal from the premises endangered by fire, than the amount hereby insured bears to the entire insurance cover- ing such property whether valid or not, or by solvent or insolvent insurers. Act 1667, § 181/2 GENERAL LAWS. 860 Assessment for deficiency. Wheu the amount of any loss shall have been ascertained, which exceeds in amount the cash funds of the com- pany, the president shall convene the directors of this company, who shall proceed in the manner as provided in section twelve of this act. Notice of assessment. It shall be the duty of the secretary, whenever assessment shall have been made, to immediately notify every person hold- ing a risk in this company, personally, by an agent, or by letter directed to his usual postoffice 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 sucli time shall not be less than thirty days, nor more than ninety days from date of such notice. Action for neglect or refusal to pay assessments. An action may be brought against the member whose property is insured herein and this policy is automatically suspended if the insured shall not have paid, before it is delinquent, his portion of any assessment levied or other lia- bility due this comjjany for a period in excess of ninety days. The direc- tors of this company who shall willfully refuse or neglect to perform the duties imposed upon them by law or 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 this company by members thereof for losses sustained if payment is withheld after the amount of such losses have been determined and is due by the terms of the policy. Nonwaiver by appraisal or examination. This company shall not be held to have waived any provision or condition of this policy of any for- feiture thereof, by assenting to the amount of the loss or damage or by any requirement, act or proceeding ou 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 of any person or corporation, this company shall, upon 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 receiving such pay- ment. 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 by tlie insured with all of tiie foregoing requirements, nor unless begun witliiii fif'tt'cn months next after the commencement of the fire. Definitions. Wiierever in this policy the word "insured" occurs, it shall lie licid to include the legal representatives of the insured in case of (leatli, and wherever the word "loss"' occurs, it shall be deemed the equivalent of "loss or damage," jind wlnMcvcr the words "the time of l(i«H or damage" are used tliev sliall he deemed the equivalent of "the tiiiii' of 1h(" coMiMnMici'inciil of llic fire." Tlicrt; sliall Ije pririlcd on tlic outside fold of said ]iolicy in type not smaller tlian .small |iir;i the InlhiW iii<4 words in this t'ni'in: i;i:ai» this i'oi.icv. InsuratMT cimiiinny is liaMc only for .•icliial (■;isli \aliic. I'olicy is void in case of any fraud, false swearing, misrepresentation or concealment about material facts. 861 INSURANCE. Act 1667, § I8I/2 Policy is void, unless otherwise agreed in writing, if — 1. It is assigned before loss; 2. Insured has or shall procure other insurance; 3. Any change occurs in location of jtroperty; 4. Insured building is on ground not owned in fee simple l>y the insured; 5. Insured is not sole and unconditional owner. Policy is suspended unless otherwise agreed in writing, if — a. Described building becomes vacant or unoccupied for ten days; 7. Mechanics are employed more than fifteen days in repairing same; 8. Property is or becomes encumbered by chattel mortgage; 9. Illuminating gas or vapor is generated in or adjacent to described building; 10. Explosives or prohibited quantities of gasoline, etc., (except the gasoline contained in automobiles and gas engine tanks), as are kept on premises; and provided, also, that the insurance on livestock and auto- mobiles shall cover wherever located at the time of the fire. [paster.] Insurance ceases if described building or any material part falls except as result of fire. Policy does not cover certain enumerated personal property. Note particularly duty of insured in case of loss; also provisions avoid- ing or suspending policy, including changes of ownership or possession. DWELLING-HOUSE AND CONTENTS POLICY FORM. $- on the dwelling-house and all its additions, foundations, porches, verandas and screens, including all permanent wall and ceiling decorations, frescoes, gas, steam, water, heating and lighting fixtures and connections, and all other permanent fixtures attached to and forming a part of the building, situate — — , California. $ on household furniture, useful and ornamental, family wearing apparel, family stores and supplies, (|Li i red under this act. §5. Statement of indemnity. There shall lie filed with the insurance commissioner by such attorney wtienc\ei- the insurance commissioner shall so require, a statement under oath of sucli attorney showing the maximum amount of indemnity upon :i single risk, and, excejit as to Act 1672k, §§ 6, 7 general laws. 874 workmen's couiijeusation insurauce, no subscriber shall assume on any single risk an amount gi eater than ten per cent of the net worth of such subscriber where the liability assumed exceeds the amount of one premium deposit. § 6. Assets to be maintained. If deficiency in assets. Reserves of in- dependent groups. There shall at all times be maintained as assets, a sum in cash or securities of the kind designated by the laws of the state where the principal office is located for the investment of funds of in- surance companies, equal to one hundred per cent of the net unearned premiums or deposits collected and accredited to the accounts of sub- scribers, or assets equal to fifty per cent of the net annual deposits collected and credited to the accounts of su'bscribers on policies having one year or less to run and pro rata on those for longer periods, in ad- dition to which there shall be maintained as a reserve in cash or such securities, assets sufficient to discharge all liabilities on all outstanding losses arising under policies issued, the same to be calculated on the basis of net premiums or deposits as in this section defined, unless otherwise provided by law, and in accordance with the laws of the state relating to similar reserves for companies insuring similar risks. For the purpose of computing said reserves and assets, net deposits shall be construed to mean the advance payments of subscribers after deducting therefrom the amount specifically provided in the subscribers' agreement for expense. If at any time the assets so held in cash or such securities, exclusive of loss reserves herein provided for, shall be less than required above, or be less than twenty-five thousand dollars, the subscribers, or their attorney for them shall make up the deficiency within thirty days after notice from the insurance commissioner so to do. Where the subscribers are grouped, by industries or otherwise, under any rule or agreement which exempts the funds of one group from lia- bility, in whole or in part, for the payment of losses or expenses charge- able against another group, each independenf group must maintain the reserve herein specified and comply with the requirements of subdivision (f) of section three hereof, relative to the number and amount of risks to be assumed. § 7, Report of financial condition. Examination by insurance com- missioner. Such attorney shall, within the time limited for filing the annual s|Btement by insurance companies transacting the same kind of business, make a report, under oath, to the insurance commissioner for each calendar year, showing the financial condition of aff?.irs at the office where such contracts are issued, and shall at any time furnish such additional information and reports as may be required; provided, how- ever, that the attorney shall not be required to furnish the names and addresses of any subscribers except in case of an unpaid final judgment. The assets, business afTairs and records of such organization, shall be subject to examination by the insurance commissioner at any reasonable time, and such examination shall l)e at tlie expense of the organization examined. The right of oxaminafion herein granted shall include the right to examine the records containing tlie names and addresses of the 875 INSURANCE. Act 1672k, §§ 8-12 subscribers, but any information obtained therefrom shall be regarded as confidential and tlie disclosure {hereof, except under order of court, shall constitute a breach of official duty. Where the principal office of the attorney is located in another state, the insurance commissioner may, in lieu of the examination provided for in this section, accept a cer- tified copy of the report of examination made by the insurance depart- ment of the state where the principal office is located, or by tlie insurance department of any other state. § 8. Right of corporation to enter into insurance contracts. Any cor- poration now or hereafter organized under the laws of the state shall, in addition to the rights, powers and franchises specified in its articles of incorporation, have full power and authority to enter into insurance contracts of the kind and character herein- mentioned. The right to enter into such contracts is hereby declared to be incidental to the pur- ])0ses for which such corporations are organized and as fully granted as the rights and powers expressly conferred. § 9. Certificate of authority. Upon compliance with the requirements of this act, the insurance commissioner shall issue a certificate of author- ity or a license to the attorney authorizing him to make such contracts of insurance, which license siiall specify the kind or kinds of insurance to be effected and shall contain the name of the attorney, the location of the principal office and the name of the designation under which such contracts of insurance are issued. Such license shall be renewed annually upon a showing that the standard of solvency required herein has been main- tained and all fees and taxes required have been paid. § 10. Penalty. Any attorney who shall exchange any contracts of insurance of the kind and character specified in this act, or any attorney or representative of such attorney, who shall solicit or negotiate any applications for same without the attorney first complying with the fore- going provisions, shall be deemed guilty of a misdemeanor. For the purpose of organization, and upon issuance of permit by the insurance commissioner, powers of attorney and applications for such contracts may be solicited without compliance with the provisions of this act, but no attorney, agent or other person shall make any such contracts of in- surance until all of the provisions of this act shall have been complied with. § 11. Eevocation of certificate. In addition to the foregoing penal- ties and wlicre not otluMwise provided, the penalty for failure or refusal to comply with any or all of the terms and provisions of this act, upon the part of the attorney, shall be the refusal, suspension or revocation of certificate of authority on license by the insurance commissioner after due notice and opportunity for hearing has been given such attorney so that he may appear and show cause why such action should not be taken. § 12. Fees. Tax upon gross premiums. In lieu of all other taxes, licenses or fees whatever, state or local, such attorney shall pay annu- ally on account of the transaction of such business in this state, the same fees as are paid by mutual companies transacting the same kind Act 1672 1, §§ 1, 2 GENERAL LAWS. 876 of business, and an annual tax upon the gross premiums or deposits, collected from subscribers in this state during the preceding calendar year, after deducting therefrom deposit returns or cancellations, con- sideration for reinsurance and all amounts returned to subscribers or credited to their accounts as savings; such tax to be computed at the same rate as fixed by law for the taxation of mutual companies trans- acting the same kind of business. § 13. Provisions inserted not inconistent with law. The attorney may insert in any form of policy ^jrescribed by the laws of this state any provisions or conditions required by the plan of reciprocal or inter- insurance; provided, that same shall not be inconsistent with or in con- flict with any law of this state. Such policy in lieu of conforming to the language and form prescribed by such law shall be held to conform thereto in substance if such policy includes a provision or indorsement reciting that the policy shall be construed as if in the language and form prescribed by such law. Any such indorsement shall first be filed with the insurance? commissioner. § 14. Not subject to insurance laws. Right of insurance commissioner. Except as herein provided, the making of contracts as herein provided for and such other matters as are incident thereto shall not be subject to the laws of this state relating to insurance unless they are therein specifically mentioned. This section shall not be construed however, as depriving the insurance department of the state of examination of and supervision over reciprocal or interinsurance exchanges, their agents and brokers, of the right to hold and conduct hearings in the manner and under the same procedure as provided by law in the case of mutual or other insurance companies but such right is hereby expressly recognized and confirmed. § 15. Repealed. All laws or parts of laws in conflict herewith are hereby repealed. ACT 16721. An act authorizing the governor to appoint a commission to investigate and advise the legislature concerning the adoption of a system of social insurance, and to make a report to the forty-third session of tlie legislature iiiid making an appropriation tliorefor. lApprovi'.l May 11, l!»!7. Stuts. 1017, ji. 4n is niMilc lo Ihc sjiocial reserve fund, ail ('((iial sum sli;ill lie curried Id tlie guaranty surplus fund. • § 2. Investment of funds. Waiver of recourse against stockholders. Such guaranty surplus fund slmll lie held and invested liy such corpora- tion in the same mniincr ns its capital stock and surjjjus accumulations, and shall })e liable aid Mj-jiplicable in the same manner as the capital of the cor]. oration to the jiayiucnt generally of its losses. Such special 879 INSURANCE. Act 16T2m, § 3 reserve fund, until it shall amount to a sum equal to one-half of the capital stock, shall be invested in the same manner as the capital of the corporation, and any additional sum added to such fund shall be invested by the corportion in any securities in which the corporation is by law authorized to invest its capital or its surplus accumulations, and shall be deposited from time to time, as the same shall accumulate and be invested, with the insurance commissioner.- Such special reserve fund shall be deemed a fund to protect such corporation and its policy- holders other than claimants for losses already existing or then occurred in case of any extraordinary couliagratiou or conflagrations as here- after mentioned, and shall not be regarded as any part or portion of the assets of the corporation so as to be liable for any claim for loss by fire or otherwise, except as herein provided. No corporation, after it has declared its desire and intention, as pro- vided in section one hereof, to create a guaranty surplus fund and a special reserve fund, shall have the right thereafter to insert in its policy a provision to the effect that the insured, by accepting the policy, waives recourse against the stockholders of the corporation, until such corporation has created, as herein provided, a guaranty surplus fund and a special reserve fund each in amount equal to one-half of the par value of its capital stock; but, when it has so done, then it may thereafter insert in any policy it may thereafter issue a provision in red ink to the effect that the insured, by accepting the policy, wa-ives any recourse to its stockholders and agrees, in case of making any claim thereunder, to look solely to the assets and property of the corporation as and to the extent herein provided. § 3. In case of extensive conflagration. Corporation discharged from liability. Transfer of securities in special reserve fund. If guaranty surplus fund reduced. If capital impaired. When any extensive con- flagration or conflagrations shall occur whereby the claims upon the corporation shall exceed the amount of its capital stock and of the guar- anty surplus fund hereinbefore provided, the corporation shall notify the insurance commissioner of the fact, who shall then make or cause to be made, an examination of the corporation, and shall issue his cer- tificate in duplicate of the result, showing the amounts of capital, of guaranty surplus fund, of special reserve fund, of reinsurance liability, and all other assets. One of such certificates shall be given the corpora- tion, and the other shall be recorded in the office of the insurance com- missioner. Such special reserve fund shall be immediately held to protect all policy-holders of the corporation other than such as are claimants upon it at the time, or such as become claimants in consequence of such conflagration or conflagrations. The amount of such special reserve fund, and an amount equal to the unearned premiums of such corporation, to be ascertained as hereinbefore provided, shall constitute the capital and assets of such corporation for the protection of policy- holders other than such claimants, and for the further conduct of its business. Such certificate of the insurance commissioner shall- be bind- ing and conclusive upon all parties interested in the corporation, whether stockholders, creditors or policy-holders. Upon the payment to the Act 1672m, § 3 general laws. 880 claimauts for losses or otherwise, existing at the time of or caused by such general conflagration or conflagrations, of an amount to which they are respectively entitled in proportion to their several claims, of the full sum of the capital of the corporation and of its guaranty sur- plus fund, and of its assets, except only such special reserve fund and an amount of its assets equal to the liability of the corporation for unearned premiums, as certified by the insurance commissioner, such corporation shall be forever discharged from any and all further lia- bility to such claimants and to each of them on any policy of insurance issued after the creation as above provided of the special reserve fund in amount equal to one-half of its capital stock. The insurance com- missioner shall, after issuing such certificate, upon the demand of the corporation, transfer to it all such securities as shall have been deposited with him by it as such special reserve fund. If the amount of such special reserve fund shall be less than fifty per centum of the full amount of the capital of the corporation, a requisition shall be issued by the insurance commissioner upon the stockholders to make up the capital to that proiiortion of its full amount. Any capital so impaired shall be so made up to at least the sum of two hundred thousand dol- lars. If the corporation, after such requisition, shall fail to make up its capital to at least such amount as herein directed such special reserve fund shall be held as security and liable for all losses occurring upon policies of such corporation after such conflagration or conflagra- tions. If any amount greater than a sum equal to one-half of its capital stock shall by such corporation, under the provisions of the two preceding sections, have been deposited, as aforesaid, with the in- surance commissioner, he shall retain of such securities a sum equal to one-half of the amount he shall so hold thereof in excess of such one- half of the capital stock, and transfer the balance thereof to the corporation as herein provided. The amount so transferred to the cor- poration shall, from the time of such transfer, if not less than two hun- dred thousand dollars, constitute the capital stock of the corporation for the further conduct of its business as hereinbefore provided. The sum so retained by the insurance commissioner shall thenceforth con- stitute the special reserve fund of the corporation, to which additions may be made as herein i>iovi(t(Ml, and shall be held in the same manner, for the same purposes and under the same conditions as the original special reserve fund of the corporation was iicld. The corporation shall in an annual statement to the insurance commissioner set forth the amount of such special reserve fund and of its guaranty surplus fund. If in consequence of the paynient of losses by fires, or of the expenses of thr liiKsincss, or of the interest ])ayable under the i)rovisions hereof to stockholders, oi' from any cause, the guaranty surplus fund shall be reduced in aniouiil liciciw Ihc ;iin(Miiil of the special reserve fund, the directors ol' the corporation shiill liavc the rigiit, at their option, at the time of making any division ol' the net profits as herein provided, to carry a iargri' sum to the guai'anty siirplns fund th;in to the special reserve fijinl; lnit lliis iiiiviU'i^c shnll cease when the (wo funds are mad(! equal i)i ;inioiint. The jiolicy registers, insurance maps, books of record ami other hooks in actual use by the corporation in its busi- 881 INVESTMENT COMPANIES. Act 1700, §§ 1, 2 ness, are not to be considered as assets, but sliall be held by it for its use in the protection of its policy-holders not claimants for lasses at the time of such general conflagration. If after the accumulation of such special reserve fund, it shall appear upon examination by the in- surance commissioner that tiie capital of the corporation has, in the absence of any such extensive conflagration, become impaired, he shall order a call upon the stockholders to make up such impairment, and the board of directors may either comply with such order and require the necessary payments of the stockholders, or, at their option, they may apply for that purpose so much of such special reserve fund as will make such impairment good. No corporation doing business under this and the two preceding sections shall insure any larger amount upon any single risk than is permitted by law to a corporation possessing the same amount uf ca'pital irrespective of the funds hereinbefore pro- vided for. . TITLE 264. INVESTMENT COMPANIES. ACT 1700. An act providing for the regulation and supervision of companies, brok- ers, agents, and sales of securities as the same are therein defined, and to prevent fraud in the sale of securities; providing for the enforce- ment of said act and penalties for the violation thereof; and creat- ing a state corporation department and the office of commissioner of corporations. [Approved May 18, 1917. Stats. 1917, p. 673. In effect July 27, 1917.] § 1. Title. This act shall be known as the "corporate securities act." § 2. Words defined. Words used in this act in the present tense in- clude the future as well as the present; words used in the masculine gender include the feminine and neuter, and in the neuter, the masculine and feminine; the singular number includes the plural, and the plural, the singular; "writing" includes "printing" and "typewriting"; "oath" includes "affirmation"; the word "county" includes "city and county"; and "territory" includes "district." The following words have in this act the signification attached to them in this section, unless otherwise apparent from the context: 1. The word "department" means the "state corporation department" created by this act. 2. The word "comm'issioner" means the "commissioner of corporations." S. Company. The word "company" includes all domestic and foreign, private corporations, associations, joint stock companies, and partner- ships, of every kind, and also trustees, as hereinafter defined; except- ing therefrom: I (a) All national banking associations and other corporations organized and existing under and by virtue of the acts of the congress of the United States; 56 Act 1700, § 2 GENERAL LAWS. 882 (b) All }iublic utilities subject to the jurisdiction, control, and regula- tion of the railroad commission of this state and to the public utilities act; (c) All corporations transacting a banking or insurance business Avithiu this state; (d) All corporations, associations, or societies transacting business under the sui:)ervision, examination, and license of the bureau of building and loan supervision; and (e) Every corporation organized under the laws of this state exclu- sively for the purposes provided in any of the following titles, to wit: XIa, XII, Xlla, XIV, XXI, XXII, of Part IV, Division First, of the Civil Code, and in accordance with the provisions of such titles. 4. "Trust." The word "trust" as used in this act includes all vol- untary trusts, as the same are defined in the Civil Code, expressly created by or declared in an instrument in writing, other than a will or a judicial writ, order, decree, or judgment, to carry on any business or to secure the payment or repayment of money. 5. The word "trustee," except as hereinafter used in subdivision nine of this section, includes only persons or companies executing trusts as hereinbefore defined. 6. "Security." The word "security" includes: (a) All shares or other interests or rights into which the capital, capital stock, or property of companies or rights of stockholders or members thereof are divided, including all treasury shares and shares of their own capital stock purchased or otherwise acquired by com- panies upon delinquent assessments sales or in any other lawful manner, and all certificates and other instruments issued by them or their au- thority, evidencing or representing such shares, interests, or rights; (b) All bonds, debentures, and evidences of indebtedness issued by any company; and (c) Any instrument issued or offered to the public by any company, evidencing or representing any right to participate or share in the profits or earnings or the distribution of assets of any business carried on for ]>rofit; excepting therefrom the following: 1. Bills of exchange and promissory notes not offered to the public liy the drawer, maker, or underwriter thereof, and all mortgages and deeds of trust of property situated in this state, executed to secure the piiyinciit t lici'cdf; and i!. Any security listed in any standard manual of information, as to uhich the commissioner shall first inalv a |ircmiiary consideration, called a |)rice, one transfers to another an interest in property, and also an exchange, a 883 INVESTMENT COMPANIES. Act 1700, § 3 pledge, a hypothecation, and any transfer in trust or otherwise as secur- ity for tlic performance of an obligation, and also any issue of any se- curity by a company; and the word "sell," as used in this act, includes every act by which such sale is made. 8. "Agent." The word "agent" as used in this act means and in- cludes every person or company employed or appointed by a company or a broker who shall, within this state, either as an employee or other- wise, for a compensation, sell, offer for sale, negotiate for the sale of, or take subscriptions for any security of any company of its own issue offered for sale by it. 9. "Broker." The word "broker" as used in this act includes every person or company, other than an. agent, who shall, in this state, engage, either wholly or in part, in the business of selling, offering for sale, negotiating for the sale of, or otherwise dealing in any security or securities issued by others, or of underwu'iting any issue ot~. securities or of purchasing such securities with the purpose of reselling them or of offering them for sale to the public for a commission or at a profit; ex- cepting therefrom the following: (a) Any owner of any security who is not the issuer or an under- writer thereof, who sells or exchanges the same for his own account; provided, that such sale or exchange is not made in the course of re- peated and successive transactions of like or similar character by him; (b) Any trustee, who, in such capacitj^, lawfully disposes of any prop- erty; (c) Any company transacting a banking or insurance business in this state, selling a security for an owner thereof or a broker, other than an underwriter thereof, at a commission of not more than two per cent of the par or face value thereof; provided, such sale is not made in the course of repeated and successive transactions of like or similar cliar- acter by such company; (d) One, not the issuer, who disposes of securities to a broker or to a purchaser who, as a part of his regular business, purchases such secur- ities; (e) Any pledge-holder selling, in good faith and not for the purpose of avoiding the provisions of this act, and in the ordinary course of business, a security pledged with him as security for a bona fide debt. 10. "Actual fraud." The words "actual fraud," as used in this act, are defined in section one thousand five hundred seventy-two of the Civil Code. § 3. Permit to sell securities. Application. Commissioner appointed attorney. No company shall sell, except upon a sale for a delinquent assessment made in accordance with the provisions of Article TI of Chapter II of Title I of Part IV of Division First of the Civil Code; or offer for sale, negotiate for the sale of, or take subscriptions for any security of its own issue until it shall have first applied for and secured from the commissioner a permit authorizing it so to do. Such applica- tion sliall be in writing, shall be verified as provided in the Code of Civil Procedure for the verification of pleadings, and shall be filed in the Act 1700, § 4 GENERAL LAWS. 884 office of the commissioner. In such application the applicant shall set forth the names and addresses of its officers, the location of its office, an itemized account of its financial condition, the amount and character of its assets and liabilities, a detailed statement of the plan upon which it- proposes to transact business, a copy of any security it proposes to issue, a copy of any contract it proposes to make concerning the same, a copy of any prospectus or advertisement, or other description of such securities, then prepared by or for it for distribution or publication, and such additional information concerning the company, its condition and affairs as the commissioner may require. If the applicant is a partner- ship or an unincorporated association or joint stock company, it shall file with its ajjplication a .copy of its articles of partnership or association, and all other papers pertaining to its organization. If the applicant is a trustee, it shall file with its application a copy of all instruments by which the trust is created and in which it is accepted, acknowledged, or declared. If the applicant is a corporation, it shall file with its ap- plication a copy of all minutes of any proceedings of its directors or stockholders or members relating to or affecting the issue of such securities, and also a copy of its articles of incorporation and of its by-laws and of any amendments thereto. If the applicant is a corpora- tion or association organized under the laws of any other state, ter- ritory, or government, it shall also file with its application a certificate, executed by the proper officer of such state, territory, or government not more than thirty daws before the filing of such application, show- ing that such applicant is authorized to transact business in such state, territory, or government; and also, in such form as the commissioner may prescribe, its written instrument, irrevocably appointing the com- missioner and his successor in office its true and lawful attorney upon w^hom all process in any action or proceeding against it may be served, with the same effect as if said corporation or association were organized or created under the laws of this state and had been lawfully served with process therein. § 4. Examination of application. Permit issued. Permit to sell se- curity. i;iioii the filing of such a]iplicati(iii, it shall be the duty of the commissioner to examine it and the other papers and documents filed iherewith, and he may, if he deems it advisable, make or have made a iletailed examination, audit, and investigation of the applicant and its affairs. If he finds that the proposed plan of business of the applicant is not unfair, unjust, or inequitable, that it intends to fairly and honestly transact its business, and that the securities that it proposes to issue and the methods to be used by it in issuing or dispoing of them are not such as, in his opinion, will work a fraud upon the purchaser thereof, the commissioner shall issue to the applicant a permit authoriz- ing it to issue and dis])Ose of socuritios, as therein ]>rovided, in this state, in such amounts and for such consiih'rations and upon such terms and conditions ns tlic cominissionor may in said [jCrniit provide. Other- wise, lie shnll deny the application and refuse such permit and notify the appiirimt in writing of his decision. i<]very ])ermit shall recite in hold type th;it llic is'^iinncc tlirn-of is |icrnnssiv(' only nnd does not con- 885 INVESTMENT COMPANIES. Act 1700, §§ 5, 6 stitute a recomrnendation or indorsement of the securities permitted to be issued. The commissioner may impose such conditions as he may deem necessary to tlie issue of such securities, and shall have the power to establish such rules and regulations as may be reasonable or necessary to insure the disposition of the proceeds of such securities in the manner and for the purposes provided in such permit, and may, from time to time for cause, amend, alter, or revoke any permit issued by him, or tem- porarily suspend the rights of the applicant under such permit. §5. Certificate of agent or broker. Fee. No person or company shall act as agent or broker until such person or company shall have first applied for and secured from the commissioner a certificate, then in effect, authorizing such person or company so to do. Every such cer- tificate shall expire on the thirty-first day of December next after its issuance, unless sooner revoked. To secure such certificate, the appli- cant shall make and file in the office of the commissioner an application therefor in writing, verified by or in behalf of the applicant. In such application, the applicant shall set forth, in addition to such other in- formation as ma}' be required by the commissioner: 1. The name and address of the applicant, and, if it be a corpora- tion, association, or joint stock company, the name and address of each of its managing officers and agents, and, if it be a partnership, the name and address of each of the partners; • 2. A succinct statement of facts showing that the applicant, and its managing officers and agents, if it be a corporation, or members, if it be a partnership, have a good business reputation; 3. If the applicant is a broker, the general plan and character of the business of the applicant. For filing such application, the applicant shall pay a fee as hereinafter provided. If the applicant is a corporation or association organized under the laws of any other state, territory, or government, it shall file with its application a copy of its articles of incorporation or association, together with a certificate executed by the proper officer of such state, territory, or government not more than thirty days before the filing of such application, showing that such applicant is authorizd to transact business in such state, territory, or government, and also, in such form as the commissioner may prescribe, its written instrument, irrevocably appointing the commissioner and his successor in office its true and law- ful attorney upon whom all process in any action or proceeding against it, arising out of or founded upon the actual fraud of such applicant in the sale of securities within this state, may be served, with the same effect as if said corporation or association were organized or created under the laws of this state and had been lawfully served with process therein. i Jfl §6. Certificate issued. The commissioner shall examine such applica- tion, and shall make such further investigation of the applicant and its affairs as he shall deem advisable. If, from such examination, the com- missioner shall be satisfied of the good business reputation of the ap- plicant and of its officers or members, if any, he shall issue such cer- tificate. Otherwise, he shall refuse the same and deny the application Act 1700, §§ 7-9 GENERAL LAWS. 886 and uotify the applicant of his decision. Tlie commissioner may at any lime revoke any broker's or agent's certificate issued by him if he shall find that the holder thereof is of bad business repute, or has violated any provisions of this act, or has engaged, or is about to engage in any fraudulent transaction. § 7. Advertisements submitted to commissioner. No person, partner- ship, association, or corporation, other than a l)roker holding a broker's certificate, then in effect, shall issue, circulate, or publish any advertise- ment, pamphlet, prospectus, or circular concerning any security, to be issued by anj' company, that such person, partnership, association, or corporation desires or proposes to sell, until the company proposing to issue such security shall have first secured from the commissioner a permit authorizing it to issue or sell such security; nor shall any com- pany, broker, or agent, or any other person, issue, circulate, or publish any advertisement, pamphlet, prospectus, or circular concerning any security sold or offered for sale by it, unless the name of the company, broker, agent, or person issuing, circulating, or publishing the same sha'll be subscribed thereto, and a true copy thereof shall have been first filed in the office of the commissioner, or deposited in a United States ])Ostoffice, properly inclosed in a sealed envelope, addressed to the com- missioner at Sacramento, California, with the postage duly prepaid thereon; nor shall any company, Jjroker, or agent, or any other person, issue, circulate, or publish any such advertisement, pamphlet, prospectus, or circular after notice in writing given to it by the commissioner that, in his opinion, the same contains any statement that is false or mis- leading or otherwise likely to deceive a reader thereof. § 8. Report by company on sale of securities. Every company au- thorized by tlie conunissionor to sell securities shall thereafter, at such times as it may be required by the commissioner, make and file in the office of the commissioner a report, setting forth, in such form as the commissioner may prescribe, the securities sold by it under the authority of any permit issued by him, the proceeds derived therefrom, the dis- position of such proceeds, and such otlier information concerning its property, officers, or affairs, relating to or affecting the value of such securities, as tITe commissioner may require. § 9. Statement by broker on sale of securities. Every broker shall, at such limes as it may be recpiired by the commissioner, make and file in the office of the commissioner a true and correct statement concern- ing any security sold or offered for sale by such broker, showing the name and location of tiie ju-incipal office of the issuer of such security; the names of its managing officers, if it is a corporation, or of its mem- bers, if it is a partnership; its assets, liabilities, and issued capital stock, at the close of its fiscal year tlien last ended, or at a later date; its gross income, expenses, and fixed charges for the year next preceding such date, or for such time as such issuer of such security has transacted business, if for less than one year, and the approximate price at which such broker has sold or projioses to sell such security, together vvitii such other in- formatioji, ni' wliii'li the hrdker ni;iy liiwe kiiowleilge, ;is the coininissioner may require. 887 INVESTMENT COMPANIES. Act 1700, §§ 10-14 §10. Papers open to public inspection. A]l papers, documents, reports, and other instruments in writing filed with the commissiouer under this act shall be open to public inspection; provided, that if, in his judgment, the public welfare or the welfare of any company, broker, or agent de- mands that any portion of such information be not made public, he may, in his discretion, withhold such information from public inspection for such time as in his judgment is necessary. The commissioner may at any time give, issue, or make public any information concerning any company or any contracts, stocks, bonds, or other securities sold or offered for sale within this state, if in his judgment the giving, issuing, or publishing of the same will be of public interest or advantage or will tend to prevent the fraudulent sale of such securities. § 11. Review of orders, etc., of commissioner. Every order, decision, permit or other otficial act of the commissioner shall be subject to review, in accordance with the provisions of Chapter I of Title I of Part Til of the Code of Civil Procedure; and any party aggrieved by any such order, decision, or permit of the commissioner may appeal therefrom to the superior court of the county of Sacramento, by serving upon the com- missioner a notice of such appeal, a demand in writing for a certified transcript of all the papers on file in his office affecting or relating to such decision, and the payment of the fee therefor, within sixty days after the making of any such order, permit, or decision. Thereupon, the commissioner shall, wnthin ten days, make and certify such transcript, and the appellant shall, within five days thereafter, file the same and the notice of appeal with the clerk of said court. Upon the hearing of such appeal, the burden of proof shall lie upon the appellant, and the court shall receive and consider any pertinent evidence, whether oral or documentary, concerning the action of the commissioner from which the appeal is taken, but shall be limited to a consideration and deter- mination of the question whether there has been an abuse of discretion on the part of the commissioner in making such order, decision, or permit. § 12. Securities void. Every security issued by any company, without a permit of the commissioner authorizing the same then in effect, shall be void, and every security issued by any company, with the authoriza- tion of the commissioner but not conforming in its provisions to the provisions, if any, which it is required by the permit of the commis- sioner to contain, shall be void. § 13. Penalty for company violating act. Every company which shall directly or indirectly issue or cause to be issued any security contrary to the provisions of this act, or of the constitution of this state, or in nonconformity with a permit of the commissioner authorizing the same, or which applies the proceeds from the sale thereof, or any part thereof, to any purpose other than the purpose or purposes, if any, specified in such permit, or to any purpose specified in such permit in excess of any amount limited in such permit to be used for such purpose, shall be guilty of a public offense and shall be punishable by a fine not exceeding ten thousand dollars. § 14. Penalty for officers, etc. Every ofticer, agent, or employee of any company, and every other person, who knowingly authorizes, directs, Act 1700, §§ 15, 16 GENER.VL LAWS. 888 or aids in the issue or sale of, or issues or execute?, or sells, or causes or assists in causing to be issued, executed, or sold, any security, in non- conformity with a permit of the commissioner then in effect authoriz- ing speh issue, or contrary to the provisions of this act, or of the constitu- tion of this state, or who, in any application to the commissioner, or in any proceeding before him, or in any examination, audit, or investigation made by him or his authority, knowingly makes any false statement or representation, or who, with knowledge of its falsity, files or causes to be filed in the office of the commissioner any false statement or repre- sentation concerning such company or 'the property which it then holds or proposes to acquire, or concerning its officers or its financial condi- tion or other affairs, or concerning its proposed plan of business, or who, with knowledge of the falsity of any such statement or representation, issues, executes, or sells, or causes to be issued, executed, or sold, any security, without first informing the commissioner of the falsity of sucn statement in writing, or who, directly or indirectly, knowingly applies, or causes or assists in causing to be applied, the proceeds, or any fart thereof, from the sale of any security to any purpose contrary to the provisions of the permit authorizing the issue of such security, or to any purpose specified in such permit in excess of any amount limited in such jjermit to be used for such purpose, or who, with knowledge that any security has been issued or executed in violation of any of the provisions of this act, sells or offers the same for sale, or who, with knowledge that any advertisement, pamphlet, prospectus, or circular concerning any security contains any statement that is false or misleading, or otherwise likely to deceive a reader thereof issues, circulates, or publishes the same, or shall cause the same to be issued, circulated, or published, or who, in any other respect, wdllfully violates or fails to comply with any of the provisions of this act, or who, in any other respect, willfully violates or fails, omits, or neglects to obey, observe, or comply with any order, pea- mit, decision, demand, or requirement, or any part or provision thereof, of the commissioner under the provisions of this act, is guilty of a public offense and shall be ])unished by imjirisonment in the state prison not exceeding five years, or in a county jail not exceeding two years, or by a fine not exceeding five thousand dollars, or by both such fine and im- prisonment. § 15. State corporation department created. There is hereby created a state corporation ilciiai tiiiont. The cliief officer of such department shall be the commissionor of corporations. ]^o shall be appointed by the governor and hold office at the plear.urc ol' (he i^dvcM-nor. He shall re- ceive an annual salary of five thousand dollars, 1o lie jmid monthly out of the state treasury ujion a warrant of llic coiit roller. He shall within fifteen days from the time of notice of his api)()iiitmeiit take and sub- scribe to the constitutional oath of office and file the same in the office of tlie secretary of state and execute to the people nf the state a bond in the penal sum of ten thousand dollars with (■iiip()rat<' security or two or more sureties, to ln' apju-ovcd by the j,M)VcrM(>r uf the state, for the faithful discharge of the iliilics of his ollice. § 16. Clerks and deputies. Duty of attorney general. 'Phc commis- sioiicr siiail em|)loy such clerks and deputies as he may need to discharge 889 INVESTMENT COMPANIES. Act 17U0, ^; 17 in proper iDanner the diitie.s iiiiposeil upon liiiii by law. The attorney general shall render to the eommissioner opinions upon all questions of law, relating to the construction or interpretation of this act or arising in the administration thereof, that may be submitted to him by the com- missioner, and shall act as the attorney for the commissioner in all actions and proceedings brought by or against him under or pursuant to any of the provisions of this act. Neither the commissioner nor any of his clerks or deputies shall be interested iji any company which shall have applied for or secured a permit to sell securities, or in any broker, or agent as a direc- tor, stockholders, officer, member, agent, or employee. Such clerks and deputies shall perfgrm su.-ii duties as the commissioner shall assign to them. He shall fix tlie compensation of such clerks and deputies, which compensation shall be paid monthly, on the certificate of the commis- sioner and on the warrant of the controller, out of the state treasury. Each deputy shall, within fifteen days after his appointment, take and subscribe to the constitutional oath of office, and file the same in the office of the secretary of state. § 17. Powers of commissioner. The commissioner shall at all times have the power to administer oatlis and to make an examination or in- vestigation of the books, records, accounts, and other papers, and of the business of any company, broker, or agent jjermitted or authorized by him to sell securities, to make dividends, to create debts, to divide, with- draw, or pay to the stockholders, or any of them, any part of its capital stock, or to increase or reduce its capital stock. In any examination, audit, or investigation made or hearing conducted by him, he shall have the power to take the testimony of any witness and to issue subpoenas requiring the attendance upon such examination, audit, investigation, or hearing in any part of the state of witnesses and the production of books, documents, and other things under their control, and in any such case to take or cause to be taken the deposition of any witness residing within or without the state. All of the provisions of Chapter II of Title III of Part IV of the Code of Civil Procedure, relating to the means of production of evidence out of court, shall be applicable to any examina- tion, investigation, or hearing under this act. No person shall be ex- cused from testifying or from producing any book, document, or other thing under his control upon any such examination, audit, investigation, or hearing upon the ground that his testimony, or the book, document, or other thing required of him, may tend to incriminate him, or may have a tendency to sub.iect him to punishment for a felony, or to a penalty or forfeiture; but no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing concerning which he shall have been so compelled to testify under oath, or to produce such documentary or other evidence; provided, that no person so testifying shall be exempt from prosecution or punishment for perjury if committed by him in his testimony. ' The authority to make or conduct any such examination, audit, investigation, or hearing, including the authority to administer oaths, and to subpoena witnesses and take their testimony, may be delegated by the commis- sioner to any deputy or examiner appointed by him for that purpose. Such appointment shall be made by an instrument in writing, signed b}' Act 1700, §§ 18-20 GENERAL LAWS. ~ 890 the commissioner under his official seal, and upon such examination, audit, investigation, or hearing, the same shall be produced by such deputy or examiner at any time upon demand therefor. § 18. Service of process. In an}- action or proceeding commenced or liroseeuted in this state against any corporation or association which shall have appointed the commissioner its attorney, as provided in section three of this act, and in any action or proceeding commenced or prose- cuted in this state, arising out of or founded upon the actual fraud of any corporation or association which shall have appointed the commis- sioner its attorney, as provided in section five of this act, service of pro- cess may be made upon the commissioner. In any such case, the com- missioner shall forthwith forward by mail, postage prepaid, to the person designated by such corporation or association by an instrument in writ- ing duly executed by it and filed with the commissioner, at the address stated in such instrument, or, if no such designation has been made, to the secretary of such corporation or association at its last known post- office address, a copy- of such process; whereupon, and upon the payment of the fee herein provided for, service of such process upon such com- pany shall be deemed to be complete and to be personal service upon such corporation or association, with the same effect as if said corpora- tion or association were organized or incorporated under the laws of this state and had been lawfully served with process therein. The certif- icate of the commissioner, under his official seal, of such service, shall lie competent and sufficient proof thereof. § 19. Offices. The commissioner shall have his principal office in the city of Sacramento, and may establish branch offices in the city and county of San Francisco, and in the city of Los Angeles, and he shall from time to time obtain the necessary furniture, stationery, fuel, light, and other proper conveniences for the transaction of the business of the department; the expenses of which shall be paid out of the state treasury on the certificate of the commissioner and the warrant of the controller. §20. Fees. "Corporation commission fund." The commissioner shall charge and collect the folio >ving fees: 1. For filing any application for a permit to issue securities, ten dollars, plus — One twentieth of one per cent of the amount of any excess of the aggregate value of the securities sought to be issued over twenty thou- sand dollars and not exceeding fifty thousand dollars; One twenty-fifth of one per cent of sucli amount in excess of fifty thou- sand dollars and not exceeding one hundred thousand dollars; One fiftieth of one per cent of such amount in excess of one lumdred thousand dollars and not exceeding five hundred thousand dollars; and One one-iuindredth of one per cent of such amount in excess of five hundred tliousand dollars. The value of such securities shall he dcciiicd to he tlicir par or face value, if they have a par or face value; otherwise;, the price at which the company proposes to sell or issue the same, or the value, as alleged in llic application, of ilie coiisiilcrMl idii (if ollici- than money) to be received in exehangc therefor. 891 INVESTMENT COMPANIES. Act 1700, § 21 2. For filing any application for a permit or other authority to make dividends, create debts, or to divide, withdraw, increase, reduce or pay to the stockholders or any of them the capital stock, or any part thereof, the same amount that would otherwise be chargeable or collectible if such application were for a pertnit to issue securities; provided, that in any such case the value shall be determined by the amount of dividends made, debts created, or capital stock divided, withdrawn, increased, reduced, or paid. 3. For filing any application for a broker's certificate, five dollars. 4. For filing application for an agent's certificate, one dollar. 5. For any examination, audit, or investigation, ten dollars per day or fraction thereof, if made by the commissioner, or the actual amount of the salary or other compensation, not exceeding ten dollars per day, paid to any deputy or other employee of the commissioner, if made by a dep- uty or other employee, for each day or fraction thereof that such commis- sioner, deputy, or other employee shall necessarily be absent from his office for the purpose of making such examination, audit, or investiga- tion, plus the actual amount of traveling expenses reasonably incurred in the performance of such work. 6. For copies of papers and records not required to be certified or other- wise authenticated by the commissioner, ten cents for each folio. 7. For certified copies of official documents, orders, and other papers filed in his office; for making and 'mailing copies of process served upon him under the provisions of section eighteen of this act, and for tran- scripts on appeal, fifteen cents for each folio and one dollar for each certificate under seal affixed thereto. 8. For certificate of service and mailing of process served upod the commissioner under the provisions of sections eighteen of this act, two dollars. No fees shall be charged or collected for copies of papers, records, or official documents furnished fo public officers for use in their official capa- city or for the reports of the commissioner in the ordinary course of dis- tribution; but the commissioner may fix a reasonable charge for publica- tions issued under his authority. All fees charged and collected under this section shall be paid at least once each week, accompanied by a detailed statement thereof, into the treasury of the state to the credit of a fund to be known as the "corpora- tion commission fund," which fund is hereby created. § 21. Appropriated for use of conimissioner. Revolving fund. All moneys which shall be paid into the state treasury and credited to the "corporation commission fund" are hereby appropriated to be useJ by the commissioner in carrying out the provisions of this act; and the controller shall draw his warrant on said fund from time to time in favor of the commissioner for the amounts expended under his direc- tion, and the treasurer shall pay the same. The commissioner may, with the consent of the board of control, withdraw from said fund a sum not exceeding one thousand dollars, to be used as a revolving fund where cash advances are necessary. The commissioner must ac- count for the sum^ withdrawn for said revolving fund at any time upon demand of the board of control. Act 1700, §§ 22-26 general laws. 892 § 22. Seal. The commissioner slmll adopt a seal bearing the follow- ing inscription: "Commissioner of Corporations State of California." The seal shall be affixed to all writs, orders, permits, and certificates issued by him, and to such other instruments as he shall direct. All courts shall take judicial notice of said seal. § 23. Copies of orders, etc. The commissioner may execute in dupli- cate any order, finding, or permit issued by him, and each of such parts shall be deemed to be an original. An original of every such order, finding, or permit shall be retained and preserved by him in his office. Copies of all documents, orders, and permits made, executed, or issued by the commissioner, and of all papers filed in his office, when certified by the commissioner under his official seal, shall be received in evidence in all eases in like manner and with the same effect as the originals. Any order or permit issued by the commissioner, or a copy thereof certi- fied by the commissioner under his official seal, to be a true copy of the original order or permit, may be recorded in the office of the county re- corder of the county in which is located the principal place of business of the company affected thereby or in which is situated any property of such company, and such record shall impart notice of such order or per- mit, and of all its provisions, to all persons. A certificate under the seal of the commissioner that any such order or permit has not been amended, altered, revoked, or suspended may also be recorded in the same offices and with like effect. § 24. Official reports prima facie evidence. Every official report made b}' the commissioner, and every report, duly verified, made to him by any lieputy, clerk, or other person employed by him, of any examination, audit, or investigation made by him or under his direction, and copies of such reports, certified by the commissioner, shall be prima facie evidence of the facts therein stated for all purposes in any action or proceeding wherein any company, broker, agent, or the commissioner is a party. § 25. Subscription for shares prior to incorporation. Election of offi- cers prior to issuing shares. Neither this act nor any provision hereof shall be deemed to jirohiliit subscriptions for shares of a corporation made prior to the incorporation thereof and set forth in its articles of incorporation; but such subscriptions shall be deemed to have been made and accepted upon the condition that such corporation, when incorpo- rated, shall with reasonable diligence apply for and secure from the com- missioner a permit authorizing the issue of the shares so subscribed for, in accordance with such subscriptions. The directors or trustees named in the articles of incorporation may, prior to the issue of any shares, organize by the election of a president, who must bb one of their num- ber, a secretary and a treasurer; and such directors, or a majority of them, or such president and secretary may, in the name of and in behalf of the corporation, )iresent an application fn the commissioner as herein provided. § 26. Acts continued. Decisions, etc., continued in force. Appeals not affected. Examination, etc., continued to final detennination. This act, in so far as it does not add to, lake from, or alter an act entitled 893 INVESTMENT COMPANIES. Act 1700, §§ 27-29 "All act to deliiie iiivestineiit conipauies, iuvcstiiieiit brokers, aud agents; to provide for the regulation, supervision and licensing thereof; to pro- vide penalties for the violation thereof; to create the office of commis- sioner of corporations, and making an appropriation therefor," approved May 28, 1913, as amended by an act entitled "An act to amend section three of an act entitled 'An act to define investment companies, invest- ment brokers; and agents; to provide for the regulation, supervision aud licensing thereof; to provide penalties for the violation thereof; to create the office of commissioner of corporations, and making an appropriation therefor,' approved May 28, 1913," approved June 3, 1915, shall be con- strued as a continuation thereof. All decisions, orders, rules, findings, certificates, or permits heretofore made or issued, and acts done by the commissioner, shall continue in force and have the same effect as if- they had been lawfully made, issued, or done under the provisions of this act. This act shall not affect any appeal pending from any decision of the commissioner, or any proceeding to which he, in his official capacity, is a party; but the same may be prosecuted or defended with the same effect as if this act had not been passed. Any examination, audit, or investigation undertaken, commenced, or prosecuted prior to the taki^ng effect of this act may be conducted to a final determination in the same manner and with the same eft'ect as if it had been undertaken, com- menced, or prosecuted under the provisions of this act, and in the manner herein provided. No action or proceeding, either civil or criminal, or cause of action arising under any law of this state shall abate by reason of the passage of this act, but actions or proceedings may be commenced and prosecuted upon such causes in the same manner and with the same effect as if this act had not been passed. § 27. Foreign and interstate commerce. Neither this act nor any pro- vision hereof shall apply to or be construed as a regulation of commerce with foreign nations or among the several states, except in so far as the same may be permitted under the provisions of the constitution and the acts of the congress of the United States. § 28. Constitutionality. If any section, subsection, sentence, clause, or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section,* subsection, sentence, clause, and phrase thereof irre- spective of the fact that any one or more other sections, subsections, sentences, clauses, or phrases be declared unconstitutional. §29. Repealed. All acts and parts of acts inconsistent with the pro- visions of this act are hereby repealed. Act 1723 j, §§ 1, 2 GENERAL LAWS. 894 TITLE 266. IRRIGATION". ACT 1723 j. An act to authorize irrigation districts to co-operate and contract with the United States under the provisions of the federal reclamation laws for a water supply, or the construction, operation or mainte- nance of works, including drainage works, or for the assumption by the district of indebtedness to the United States on account of district lands; and to provide the manner and method of payments to the United States under such contract, and for the apportionment of assessments, and levy thereof, upon the lands of the district to secure revenue for such payments, and to provide for the judicial review and determination of the validity of the proceedings in connection with such contract. [Approved May 5, 1917. Stats. 1917, p. 24.3. In effect July 27, 1917.] § 1. Irrigation districts may co-operate with the United. States. In addition to the powers with which irrigation districts have been vested under the act approved March 31, 1897, and acts amendatory thereof or supplementary thereto and acts of or to which said act is amendatory or supplementary, irrigation districts heretofore or hereafter organized under said acts shall have the following powers: To co-operate and con- tract with the United States under the federal reclamation act of June 17, 1902, and all acts amendatory thereof or supplementary thereto, or any other act of congress heretofore or hereafter enacted authorizing or permitting such co-operation, for purposes of construction of works, whether for irrigation or drainage, or both, or for the acquisition, pur- chase, extension, operation or maintenance of constructed works, or for a water supply, or for the assumption as principal or guarantor of indebt- edness to the United States on account of district lands. § 2. Power of board of directors. Transfer of books. Appointment as fiscal agent. The board of directors shall generally perforin all such acts as shall be necessary to carry out the enlarged powers in this act enumerated. Said board may enter into any obligation or contract with the United States for the aforesaid purposes, and may provide therein for the delivery and distribution of water for the lands of such district under the aforesaid acts of congress and the rules and regulations estab- lished thereunder. The contract may jirovide for the conveyance to the United States as partial consideration for the privileges obtained by the district under said contract, of water rights or other property of the district; and in case contract has been or may hereafter be made with the United States as herein provided, bonds of the district may be trans- ferred io. or (lc|i()si1(Ml with the United States, if so jirovided by said contrai-t and aiit Imri/.cd ;is hereinafter set forth, at not less than ninety- five per cent of their pai- valin', In tlic ;iiiiount to be paid by Ihe district to United States or any |i:irt IIktcdI'; tin' interets, or piinciiial, or both, on said Ijonds to l)e raised iiy assessment and lovy as hereinafter ])re- Hcribed, and to be regularly paid to the United States and a])plied as provided in ssiid contrMct. i'.oiids t ransl'eri'ed to or deposited witli the 895 IRRIGATION. Act 1723J, § 3 United States may call for the payment of such interest not exceeding six per cent i^er annum, may be of sucli denomination, and may call for the repayment of the principal at such times as may be agreed ujion between the board and the secretary of the interior. The contract with the United States may likewise call for the paj'ment of the amount or amounts to be paid by the district to the United States or any part thereof at such times and in such installments and with such interest charges not exceeding the aforesaid rate as may be agreed upon, and for assessment and levy therefor as hereinafter provided. Moreover the board may accept on behalf of the district, appointment of the district as fiscal agent of the United States, or authorization of the dis- trict by the United States to make collection of moneys for or on behalf of the United States in connection with any federal reclamation project, whereupon the district shall be authorized so to act and to assume the duties and liabilities incident to such action, and the said board shall have full power to do any and all things required by the federal statutes now or hereafter enacted in connection therewith, and all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto. Dis- tricts co-operating with the United States may rent or lease water to private lands, entrymen, or municipalities in the neighborhood of the district, in pursuance of contract with the United States. § 3. Election on proposal to enter contract. Notice. Ballots. Any proposal to enter into a contract with the United States for {he repay- ment of construction moneys, the cost of a water supply or the acquisi- tion of property, and to issue bonds, if any be proposed, shall be voted upon at an election wherein proceedings shall be had in so far as appli- cable in the manner provided in the case of the ordinary issuance of district bonds. Said proposal, with such plans and estimates of cost as have been made in connection therewith, shall be submitted to the state engineer for his examination and report, and the proceedings in that regard shall be in accord with section thirty of the act approved March 31, 1897, as amended, in so far as the same may be applicable. Notice of the election herein provided for shall contain in addition to the infor- mation required in the case of ordinary bond election a statement of the maximum amount of money to be payable to the United States for construction purj^oses, cost of water supply and acquisition of property, exclusive of penalties and interest, together with a general statement of the property, if any, to be conveyed by the district as hereinabove provided. The ballots at such election shall contain a brief statement of the general purpose of said contract and the amount of the obligation to be assumed, as aforesaid, w'ith the words "Contract— Yes" and "Con- tract — No," or "Contract and bonds — Yes" and "Contracts and Bonds — No," as the case may be. The board of directors may submit any such contract or proposed contract and bond issue if any, to the superior court of the county wherein is located the office of said board to deter- mine the validity thereof and the authority^ of the board to enter into such contract, and the authority for and validity of the issuance and deposit or transfer of said bonds; whereupon the same proceedings shall be had as in the ordinary case of the judicial determination of the validity of bonds and with like effect. Act 1723 j, §§ 4-7 GENERAL LAWS. ' 896 § i. Distribution of water. All water, the right to the use of which is acquired by the district uuder auy contract with the United Slates shall be distributed aud apportioued by the district in accordance with the acts of congress applicable thereto, the rules and regulations of the secretary of the interior thereunder, and the provisions of said contract, and provision may be made in the contract between tlie district and the United States for the refusal of water service to any or all lands which may become delinquent in the payment of any assessment levied for the purpose of carrying out any contract between the district aud the United States. § 5. Eights of way conveyed. Anj' rights of way or other property owned or acquired by the district may be conveyed by the board to the United States in so far as the same may be needed for the construction, operation and maintenance of works by the United States for the benefit of the district under any contract that mey be entered into with the United States pursuant to this act. § 6. Payments by annual assessments. All payments due or to become due to the United States under any contract between the district and the United States, including such payments of interest and principal on bonds as may be required in connection with a deposit or transfer thereof to the United States, shall be p.aid, unless otherwise provided by contract, by revenue derived from annual assessments, apportioned as hereinafter prescribed, and levies thereof, upon such real property within the district as may be assessable for district purposes under the laws of the state, and such real property shall be and remain liable to be assessed and levied upon for such payments as herein provided. It shall be the duty of the board of directors annually to levy an assess- ment sufficient to raise the money necessary to meet all payments when due as provided in the contract. All money collected in pursuance of such contract by assessments and levies, or otherwise, shall be paid into the district treasury and held in a fund to be known as the "United States contract fund," to be used for payments due to the United States under any such contract. Public lands of the United States within any district shall be subject to assessment for all purposes of this act to the extent provided for by the act of congress approved August 11, 1916, entitled "An act to promote reclamation of arid lands," or any other law which may hereafter be enacted by congress in the same relation, upon full compliance therewith by the district. Nothing in this act con- tained shall be construed to relieve the district from obligation to pay as a district in case of default of any land, unless so provided by the said contract between tlio district aud the ITnited States. §7. Apportionment of assessment. The assessment required in any year t6 meet the jjayment due to the [Jnited States for all purposes under the contract as in this act provided may l)e apportioned in accord- ance with the benefits, and in the ascertainment of such benefits there shall bo taken into account the provisions of the contract between the United States and the district, tlic federal laws a})p]icable thereto, and the notices and regulations issued in ])ursuance of said laws, and in case such contract is for the assumption by the district as [)rincipal or guar- antor of indebtedness to the United States theretofore existing on ac- 897 IRRIGATION. Acts 172r)e-1725,u, i; I count of (listrift lands, Ihore sliall be I'urtluM' taken into account the provisions of existing contracts carrying such indebtedness and the amounts of such liens as may be released in pursuance of the contract between the United States and the district. § 8. Change in boundaries. Where contract shall have been entered into between the United .States and any irrigation district the district shall not be dissolved, nor shall the boundaries be changed, except upon written consent of the secretary of the interior filed with the oflficial records of the district. If such consent be given and lands be excluded, the areas excluded shall be free from all liens and charges for payments to become due to the United States. §9. Acts in force. The provisions of the general irrigation district act, approved March 31, 1897, and acts amendatory thereof or supple- mental thereto, shall be and remain in force as regards irrigation dis- tricts in this act referred to except in so far as herein modified expressly or by necessary inn^lication; and nothing in this act shall be so construed as to affect irrigation district operations not related to co-operation with the United States. However, the provisions of section fifty-three of said act, approved March 31, 1897, shall not apply in ease of any contract between an irrigation district and the United States. ACT 17256. An act to recognize and declare valid all proceedings in Camiichael irrigation district. [Approved March 2(J, 1917. Stats. 1917, p. 12. In effect July 27, 1917. J § 1. Carmichael irrigation district validated. Carmichael irrigation district as formed by the board of supervisors of the county of Sacra- mento, state of California, and as now existing, is hereby recognized and declared valid and all proceedings on organization and formation are hereby approved and declared valid. ACT 1725f. An act to recognize and declare valid all proceedings in Happy Valley irrigation district. [Approved May 23, 1917. Stats. 1917, p. 9(16. In effect July 27, 1917. J § 1. Happy Valley irrigation district validated. The Happy Valley irrigation as formed by the board of supervisors of thu county of Shasta, state of California, and as now existing, is hereby recognized and de- clared valid and aV proceedings on organization and formation are hereby approved and declared valid. ACTP 1725g. An act to recognize and declare valid the Paradise irrigation district, and all proceedings in relation thereto and to the organization thereof. [Approved March 20, 1917. Stats. 1917, p. 13. In effect .luly 27, 1917. [ §1. Paradise irrigation district validated. Paradise irrigation "dis- trict, situate in the county of Butte, as formed bj^ the board of super- 57 Acts 1725h-1725j, § 1 general laws. 898 visors of said county, and as now existing or as the boundaries thereof may hereafter be modified according to law, is hereby recognized and declared a valid irrigation district with all the powers and authority vested in irrigation districts, and all proceedings on organization and formation thereof are hereby approved and declared valid. ACT 1725h. An act to recognize and declare valid the Stratford irrigation district, and all proceedings in relation thereto and to the organization thereof. [Approved March 20, 1917. Stats. 1917, p. 14. In effect July 27, 1917.] § 1. Stratford irrigation district validated. Stratford irrigation dis- trict, situated in the county of Kings, as formed by the board of super- visors of said county, and as now existing or as the boundaries thereof may hereafter be modified according to law, is hereby recognized and declared a valid irrigation district with all the powers and authority vested in irrigation districts, and all proceedings on organization and formation thereof are hereby approved and declared valid. ACT 17251. An act to recognize and declare valid the Terra Bella irrigation dis- trict, and all proceedings in relation thereto and to the organization . thereof. [Approved March 2il, 1917. Stats. 1917, p. 14. In effect .July 27, 1917.] § 1. Terra Bella irrigation district validated. Terra Bella irrigation district, situate in the county of Tulare, as formed by the board of supervisors of said county, and as now existing or as the boundaries thereof may hereafter be modified according to law, is hereby recog- nized and declared a valid irrigation district with all the powers and authority vested in irrigation districts, and all proceedings on organiza- tion and fonnation thereof are herein- approved and declared valid. ACT 1725 j. An act to recognize and declare valid the Lindsay-Strathmore irrigation district, and all proceedings in relation thereto and to the organiza- tion thereof. [A). proved .Marcii 2n, 1917. Stats. 1917, p. 1.1. In eft'ect July 27. 1917.] § 1. Lindsay-Strathmore irrigation district validated. Lindsay- Strathmore iirigation district, situate in the iimnty of Tulare, as formed by the board of supervisors of said county, and as now existing or as the boundaries thereof may hereafter be modified according to law, is hereby recognized and declared a valid irrigation district with all the powers and authority vested in irrigation districts, and all proceedings on organization and formation thereof are hereby approved and declared valid. S!)!) IRRIGATION. Acts 1725k-1725ni, ^ 1 ACT 1725k. All ;u't recognizing iiinl (U'l-liiiing \aliil the VW'st .Side iirigation district and approving and declaring valid all proceedings on formation and organization of said district. |Ai>proved March 20. 1917. Stats. 1917, \>. lo. In effect July 37, 1917. J § 1. West Side irrigation district validated. The West Side irrigation district in the county of San .Toaquin, state of California, as formed and organized by the board of supervisors of said county and as now existing, is hereby recognized and declared valid and aJl proceedings on formation and organization of said district are hereby ap2)roved and declared valid. ACT 1725 1. An act to recognize and declare valid all proceedings in Baxter creek irrigation district. [Approved May 4, 1917. Stats. 1917. p. 227. In effect July 27, 1917. J § 1. Baxter creek irrigation district validated. The Baxter creek irri- gation district as formed by the board of supervisors of the county of Lassen, state of California, and as now existing, is hereby recognized and declared valid, and all proceedings on organization and formation thereof are hereby approved and declared valid. ACT 1725m. An act validating the formation and organization of Los Angeles County Drainage District Improvement No. 1 under the provisions of an act of the legislature of the state of California, approved March 21, 1903, as amended May 7, 1915, and entitled as amended "An act to promote the drainage of wet, swamp and overflowed lands, and to promote the public health in the communities in which they lie, providing for the issuance of bonds and levying of assessments on lands benefited, to pay the costs and expenses thereof." [Approved May 4. 1917. Stats. 1917, p. 227. In eft'ect July 27. 1917.] § 1. Los Angeles County Drainage District Improvement No. 1 vali- dated. Los Angeles County Drainage District Improvement No. 1, or- ganized, formed and established under the provisions of an act of the legislature of the state of California, approved March 21, 1903, amended May 7, 1915, and entitled as amended "An act to promote the drainage of wet, swamp and overflowed lands, and to promote the public health in the communities in which they lie, providing for the issuance of bonds and levying of assessments on lands benefited, to pay the costs and expenses thereof," and all proceedings leading to such organization, formation or establishment of such district, are hereby affirmed and validated, and such district is hereby declared to be ' duly organized and incorporat6 hundred petitioners, each petitioner to lie ;in ailiilt jierson residing in tiie pro]iosed district, or to be some jicrson, nn poration, association or partnership, the holder of 1i1lc to lands in said |iroposed irrigation district, or evidence of title In laiiil in said pniposiMJ inigation disti'ici, includng the holders of pos- sessory rights nndcr i('i-('i|its or otlicr ('\id(Mice of the rights of entry- men or purchasers under aii\' law (if llic United states or of this state, the said |>cl if innci's signing saiil |M'tiliiin shall iiudndc the owners of not less than Iwmty pei' (tent in \alni' dl thr land williin said proposed irrigation power generally to perform all sn.-h 'icta -IS shall b<' ne<-ess;.rv to fully carry out the purposes of this ,„.t. '|\,.vv section n.ldcd Mi.y 19, 1917; Stat^. 1917. p. 7r.S. j 8 15d Change election precincts. Lease canals. The boar.1 of direc- tors, when tlicy -I.-m, it advisable for the best interests of the district, New section ^^^ iRRKiATiON. Act 1726, §§ 15y2-19a and the (Mmveiiieiice of the oloctors 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 or election precincts of the district or of both; provided, such changes shall be made to keep each division as nearly equal in area and population as may be practicable. Such change of boundaries of the divisions and precincts must be shown on the minutes of the board. The board of directors of any irrigation district now or that may hereafter be organized in the state, shall also have the power, and such board is hereby vested with the authority, to lease the system of canals and works in the district, or any part thereof, whenever such leasing may be for the benefit of the district; provided, that when the directors of any irrigation district contemplate the leasing of the canals and works of such district, they shall give notice of such contemplation by publishing the same in some newspaper published in the county in which such irrigation district lies, at least three weeks prior to the making of the lease, and such lease shall be made to the highest bidder. But such board shall have the right to reject any and all bids. Such lease shall in no way interfere with any. rights that may have been established by law, at the time such lease is made; and, further provided, that the board of directors shall require a good and sufficient bond to secure faithful performance of the lease by the lessees. Note. — Section 15% of the act was renumbered as § 15d and amended May 19, 1917; Stats. 1917, p. 758. §151/2. [See § 15d and note.] § 16. Condemnation proceedings. In case of condemnation proceed- ings the board shall proceed, in the name of the district, under the provisions of title seven, part three of the Code of Civil Procedure of the state of California, and all pleadings, proceedings, and process in said title provided shall be applicable to the condemnation proceedings hereunder. [Amendment approved May 19, 1917; Stats. 1917, p. 7.59.] § 19. Irrigation district officers to be elected. An election, which shall be known as the geueral irrigation district election, shall be held, in each irrigation district on the first Wednesday in February in each odd- numbered year, at which a successor shall be chosen to each officer whose term shall expire in March next thereafter. The person receiving the highest number of votes for each office to be filled at such election shall be elected thereto. The elective officers of an irrigation district shall be as many directors as there are divisions in the district, and an assessor, a collector and a treasurer; provided, that if any two or more offices shall have been consolidated as provided in section seven or sec- tion twenty-seven hereof, only one person shall be elected to fill such consoliflated offices. The term of office of each elective officer of an irrigation district elected at or after the general irrigation district election in one thousand nine hundred nineteen shall be four years, or until his successor is elected and has qualified. [Amendment approved May 19, 1917; Stats. 1917, p. 759.] § 19a. Official bonds. Within ten days after receiving their certifi- cates of election hereinafter provided for, said officers shall take and Act 1726, §§ 191j, 20 general laws. 908 subscribe the official oatli, and file the same in the office of the board of directors, and execute the bond hereinafter provided for. The asses- sor shall execute an official bond in the sum of five thousand dollars, and the collector an official bond in the sum of twenty thousand dollars, and the district treasurer an official bond in the sum of fifty thousand dollars; each of said bonds to be approved by the board of directors; provided, that the board of directors may, if it shall be deemed advis- able, fix the bonds of the treasurer and collector, respectively, to suit the conditions of the district, the maximum amount of the treasurer's bond not to exceed fifty thousand dollars, and the minumum amount thereof not to be less than ten thousand dollars; and the maximum amount of the collector's bond not to exceed twenty thousand dollars, and the .minimum amount of the collector's bond not to be less than five thousand dollars. Each member of said board of directors shall execute an official bond in the sum of five thousand dollars, which said bonds shall be approved by the judge of the superior court of said county where such organization was effected, and shall be recorded in the office of the county recorder thereof, and filed with the secretary of said board. All official bonds herein provided for shall be in the form prescribed by law for the official bonds of county officers and the pre- miums thereon may be paid by the district; provided, that in case any district organized under this title is appointed fiscal agent of the United States or by the United States in connection with any federal reclama- tion project, each of said officers shall execute a further and additional official bond in such sum as the secretary of the interior may require, conditioned for the faithful discharge of the duties of his office and the faithful discharge by the district of its duties as fiscal or other agent of the United States under any such appointment or authorization, and any such bond may be sued upon by the United States or any person injured by the failure of such officer or the district to fully, promptly and completely perform their respective duties. [New section added May 19, 1917;" Stats 1917, p. 700.] § 19b. If election be not held. Tf an election is not held as herein provided, then ujion tlio filing of a jietition with the secretary of the board of directors of such district, signed by ten per cent of the electors resi olTices. On the first Tuesday in March next following eacii eh'ctiiin, the direi'tors shall meet and organize as a board, elect a jiresiih'nt and a|i|i(iiiil a secietaiy, who shall each h(dd ofTiro during the jileasure of the JM/anl. |A ndinenl a|i[)roved May 19, 1917; Stats, 1917, p. 7(11. J 900 IRRIGATION. Act 1726, §§ 2fi-30a §26. Qualification of director. A diiCL'tor shull be a resident aud freeholder of the irrigation district and a resident of the division which he is elected to represent. | Amendment a]>]iroved May 19. 1917; Stats. 1917, p. 761. 1 §28. Number of directors, in any district the board of directors thereof must upon a presentation of the 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. I Amendment approved May 19, 1917; Stats. 1917, p. 761.] § 30. Estimate of money needed for improvements. For the purpose of constructing or purchasing necessary irrigation canals and works, and acquiring the necessary proj^erty and rights therefor, and for the purpose of acquiring waters, water rights, reservoirs, reservoir sites, and other property necessary for the purposes of said district, and otherwise carry- ing 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 board of directors shall find that the construction fund raised by the last previous bond issue is insufficient, or that the constrnction fund has been exhausted by expen- ditures herein authorized therefrom and it is necessary to raise additional money for said purposes, estimate and determine the amount of money necessary to be raised. For the purpose of ascertaining the amount of money necessary to be raised for such purposes, or any of them, said board shall cause such surveys, examinations, drawings and plans to be made as shall furnish the proper basis for the said estimate. All such surveys, examinations, drawings and plans, and the estimate of cost based thereon shall be made under the direction of a competent irriga- tion engineer and shall be certified by him. [Amendment approved May 19, 1917; Stats. 1917, p. 761.] § 30a. Report submitted to commission. The board of directors shall then submit a copy of the said engineer's report to the commission authorized by law to approve bonds of irrigation districts for certifica- tion as legal investments for savings banks and for the other purposes specified in the act creating said commission. Said commission shall forthwith examine said report and any data in its possession or in the ])ossession of said district and shall make such additional surveys and examinations at the expense of the district as it may deem proper or practicable, and as soon as practicable thereafter shall make to the board of directors of said district a report which shall contain such matters as, in the judgment of the said commission, may be desirable; pi'ovided, that it may state generally the conclusions of said commission regarding the supply of water available for the project, the nature of the soil proposed to be irrigated as to its fertility and susceptibility to irrigation, the probable amount of water needed for its irrigation and the probable need of drainage, the cost of works, water rights and other property necessary for a complete and satisfactory project, and whether in its opinion it is advisable to proceed with the proposed bond issue. [New section added May 19, 1917; Stats. 1917, p. 762.] Act 1726, §§ 30b-30d gknekal laws. 910 § 30b. Report to board of directors. Order of amount of bonds. If after such examination and investigation the said (-'onimissiou shail deem it advisable that the said plans be modified or that the amount of the bonds proposed to be issued be changed, or that under such conditions as the said commission shall prescribe such project or plan or works seems likely to prove feasible, or that in its opinion it is not advisable to proceed with the proposed bond issue, it shall so report to the board of directors of the district in writing. After receiving the said report, said board of directors, if it shall determine and shall declare by resolu- tion that the proposed plan of works is satisfactory and that the said project is feasible, shall make an order determining the amount of bonds that should be issued in ordei- to raise the money necessary therefor; and provided, further, that if any district shall issue bonds to carry out any plans approved by said irrigation district bond commission as herein provided it shall be unlawful for said district to make any ma- terial change in said plans thereafter without the consent of said com- mission. [New section added May 19, 1917; Stats. 1917, p. 762.] § 30c. Special election. Thereafter said board when petitioned by a majority of the holders of title, or evidence of title, and of possessory rights to lands within the district, such holders of title, or evidence of title, and of such possessory rights representing a majority in value of said lands according to the equalized assessment-roll of the district, if such has theretofore been made, and, if such has not been made, then according to the equalized county assessment-roli covering the lands in such district, or when petitioned by not less than five hundred petition- ers, each petition to the number of at least five hundred to be an elector in the district, or to be some person, corporation, association or partner- ship, the holder of title to land in the district or of evidence of title to land in said district, and which said petitioners signing said petition shall include the owners of not less than twenty per cent in value of the land within the irrigation district, according to the equalized' county assessment-roll or rolls for the year last preceding, shall immediately call a special election, at which shall be submitted to the electors of such district possessing the qualifications prescribed by this act, the question whether or not the bonds of said district in the amount as sot forth in said petition shall be issued. [New section added May, 1917; Stats. 1917, ]K 7(32. 1 § 30d. Notice. 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 pn1)lished in the county where the office of the board of directors of sucli 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 elec- tion must he held ;nid llif result .thereof determined and declared in all respects as ne!nl\- ;is |ir;icti<'al)i(' in confonnitx' with the provisions of this act governing the I'lcction oi' ol'lircrs; pi'o\ idcil. that no informal- ities in conducting such an election shnll i n\ ;i lid.itc the same if the election shnli liavc Ix'cn ollicrwisc fairly coihIih-I cd. | New section added Mav 19, 1917; Stats. 1917, |.. 7(12. | 911 iKuiUATiuN. Act 1726, §§ 30e-35 §30e. Questions on ballot. Ballots. At said election questions as to the issuance of bonds may be submitted separately on the same ballot if estimates of the cost of the respective projects have been made and the irrigation district bond commission has reported thereon and the aforesaid petition has requested that said questions be so submitted and the respective propositions have been stated in the notices of the elec- tion. At such election the ballots shall contain a general statement of the proposition or propositions to be voted on, including the amount of bonds jjroposed to be issued for each purpose, but no informality in such statement shall vitiate the election. Each proposition shall be fol- lowed by the words "Yes" and "No,", on separate lines, with a «mall inclosed space after each of said words. The electors shall vote for or against any proposition by stamping a cross (X) in the voting space after the word "Yes" or "No" respectively. On the ballot shall be printed the following under the heading "Instructions to voters": "To vote for a proposition, stamp a cross (X) in the voting space after the word 'Yes' following the proposition. To vote against a proposition, stamp a cross (X) in the voting space after the word 'No' following the proposition." If a majority of the votes cast for and against any prop- osition are for "Yes," the .board of directors shall cause bonds in the amount specified in such proposition to be issued; if a majority of the votes cast for and against any proposition are for "No," the result of the vote on such proposition 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. [New section added May 19. 1917; Stats. 1917. p. 763.] § 32a. Date payable. When bonds are issued bearing date other than January first or July first, it shall be lawful to make such bonds payable upon the first day of January or first day of July nearest the date when the same would be payable under the provisions of section thirty-one of this act, or to make the last interest coupon payable upon the date when the principal of said bond is payable. [New section added May 19, 1917; Stats. 1917, p. 764.] § 33. Paid by annual assessment. Said bonds and the interest thereon shall be paid from revenue derived from an annual assessment upon the land within the district; and all the land within the district shall be and remain liable to be assessed for such payments as hereinafter pro- vided, [Amendment approved May 19, 1917; Stats. 1917, p. 764.] § 35. Duty of assessor. The assessor must, between the first Monday in March and the first Monday in June, in each year, assess all real estate in the district, to the persons who own, claim or have possession or control thereof, at its full cash value, as follows: He must prepare an assessment-book, with appropriate headings, in which must be listed all such property within the district, in which must be specified, in separate columns, under the appropriate head: (1) the name of the person to whom the property is assessed, if the name is not known to the assessor, the property shall be assessed to "unknown owners"; (2) land by township, Act 1726, §§ 39-39b general laws. 912 range, section or fractional section, and when such laud is not congres- sional division or subdivision, by metes and bounds, or other description sufficient to identify it, giving an estimate of the number of acres and localty; (3) city and town lots, naming the city or town and the number and block, according to the system of numbering in such city or town; (4) the cash value of real estate, other than city or town lots; (5) the cash value of city and town lots; (6) the total value of all property assessed; (7) the total value of all property after equalization by the board of directors; (8) such other things as the board of directors may require. Improvements on any lands or town lots within such districts shall be exempt from taxation for any of the purposes mentioned in this act. Any property which may have escaped the payment of any assess- ment for any year, shall, in addition to the assessment for the then current year, be assessed for such year with the same effect and with the same penalties as are provided for in such current year. The term improvements as used in this section includes trees, vines, alfalfa and all growing crops and all buildings and structures of whatever class or description erected or being erected upon said lands or city or town lots. [Amendment approved May 19, 1917; Stats. 1917, p. 764.] § 39. Assessment for interest. The board of directors shall then, within fifteen days after the close of its session as a board of equalization, levy an assessment upon the lands within the district in an amount suffi- cient to raise the interest due or that will become due on all outstanling bonds of the district on the first day of the next ensuing January -and the first day of the next ensuing Julj^, or that the board of directors be- lieves will become due on either or both of said dates, on bonds author- ized but not sold; also sufficient to pay the principal of all bonds of the district that have matured or that will mature before the close of the next ensuing calendar year; also sufficient to pay in full all sums due or that will become due from the district before the time for levying the next annual assessment, on account of rentals, or charges for lands, water rights acquired by said district under lease or contract; also suffi- cient to pay in full the amount of all unpaid warrants of the district issued in accordance with this act and the amount of any other contracts or obligation of the district which shall have been reduced to judgment; also sufficient to raise such amount not exceeding two per centum of the aggregate value of the lands within the district according to the latest duly equalized assessment-roll thereof, as the board of directors shall determine may be needed to be raised by assessment for the general exjx'nses of the district during the next ensuing calendar year. | Amend- tnciit approved May lil, 1917; Stats. 1917, ].. 7(1.1. | § 39a. Duty of secretary. The secretary of the board must comi)ute ami enter in a separate coluinii of the assessment-book the respective sums iu dollars and cents to be paid as an assessment on the property therein enumerated. When collected, llie assessment slial] be 2>aid into the district treasury and be apportioned to tlie se\eral proper funds. [New section added May 19, 1917; Stats. 1917, |i. 7(i.'). | § 39b. Neglect to make assessment. Neglect of collector. If as tlie result of the neglei-t or refusal of the boiird iif ilirectoi's to cause such i)]-A IKRKIATJON. Act ]72(), S -ji^C assessment and levies to be made as in this act provided, then tlie duly equalized assessment made by the county assessor of the county or each of the respective counties in which the district is situated shall be the basis of assessment for the district, and the board of supervisors of the county in which the office of the board of directors of said district is situated shall cause an assessment-roll of said district to be prepared, and shall make the levy required by this act, in the same manner and with like effect as if the same had been made by said board of directors and all expenses incident thereto shall be borne by such district and may be collected by suit at law, which shall be commenced by the dis- trict attorney of the county whose board of supervisors caused said assessment-roll to be prepared, unless the amount of such expenses shall be paid within sixty days from the time when proper demand shall have been made therefor. In case of the neglect or refusal of the collector or treasurer of any irrigation district to perform the duties imposed by law, then the tax collector and the treasurer of the county in which the office of the board of directors of such district is situated must respectively perform such duties and shall be accountable therefor upon their official bonds; but, in case any county tax collector shall collect any assessment for any irrigation district, he shall pay the same to the county treasurer, who shall place such money in special fund to the credit of the district and shall disburse the same to the proper persons for the purposes for which such assessments have been levied and shall not pay any part thereof to the treasurer of said district until said county treasurer shall be satisfied that all of the valid obligations for which such assessments were levied and for which payment has been demanded have been paid. I New section added May 19, 1917; Stats. 1917, p. 765.] § 39c. Duty of district attorney. It shall be the duty of the district attorney of each county in which the office of any irrigation district is located to ascertain each year whether the duties relating to the levying and collection of assessments, as in this act provided, have been per- formed, and if he shall learn that the board of directors or any official of any such irrigation district has neglected or refused to perform any such duty, said district attorney shall so notify the board of supervisors or the county official required by this act to perform such duty in such ease, and, unless such board of supervisors or such county official shall proceed to the performance of such duty within thirty days after the receipt of such notice the district attorney shall take such action in court as may be necessary to compel the performance of such duty, and said district attorney shall give such notice to other officials, and shall take such action, as may be necessary to secure the performance in their proper sequence of the other duties relating to the levying and collection of assessments, as in this act provided, that for the enforcement of the levying and collection of any assessment hereafter required to be levied and collected for the payment of any debt hereafter incurred, in ease complaint shall be made to the attorney general of the state of California that the district attorney of any county has not performed any duty devolving upon him by the provisions of this section, or that he is not proceeding with due tliligence or in the proper manner in the perform- 58 Act 1726, §§ 39d-39f general law.s. 914 anee of auy such duty, the attorney general sh«,ll make an investigation, and if it shall be found that such charge or charges are true, said attor- ney general shall take such measures as may be necessary to enforce the performance of the duties relating to the levying and collection of assess- ments, as in this act provided. [New section, added May 19, 1917; Stats. 1917, p. 76G.] § 39d. Extension of time. If as the result of the neglect or refusal of any official or officials to perform any duty relating to the levying and collection of assessments, as in this act provided, it shall be im- possible for such duty to be performed within the time required and such duty shall subsequently be performed, then the time within which all duties consequent upon the performance of such duty shall be per- formed shall be extended so as to allow the elapsing of the intervals required by this act to elapse between the performance of such duties, and the assessments herein provided for shall not become delinquent for at least thirty days after the first publication of the notice that such assessments are due and payable, as provided in section forty-one of this act. [New section added May 19, 1917; Stats. 1917, p. 767.] § 39e. Assessment of land omitted. In the event any land within said district subject to assessment for the purposes of the district has not been assessed by the county assessor or does not appear upon the county assessment-roll adopted by said board of supervisors as the basis of assessment for the district, the land so omitted belonging to any per- son, association, corporation, or municipality shall be forthwith assessed by the county assessor upon an order of the board of supervisors and a description of the property so omitted shall be written in the roll pre- pared for the purpose of district assessments. In such case, before any assessment is levied, the board of supervisors must meet and equalize said assessment with that of the assessment of other lands in said dis- trict. The same notice shall be given by the board of supervisors of such meeting for the purpose of equalizing the assessment to be made as herein directed as is provided in this act to be given by the board of directors of an irrigation district when the said board is to meet for tlie purpose of equalizing assessments. All the powers and duties re- specting the collection of all assessment on possession of, claim to, or riglit to the possession of land now provided in sections three thousand eight liundred twenty, three thousand eight hundred twenty-one, three thousand eight liundred twenty-two, three thousand eight hundred twenty-three, three thousand eight hundred twenty-four, three tliousand eight hundred tweijty-five and three thousand eight hundred twenty-nine of the Political Code, as regards county assessors shall apply, so far as applicable to irrigation district assessors. [New section added May 19, 1917; Stats. 1917, p. 767.] § 39f . Unpaid tolls part of assessment. Wlienover any tolls and charges for the use of water liavc been fixed by the board of directors, it shall be lawful to make the same jiayablc in advance, and in case any such tolls or charges remain unpaid at the time hereinbefore specified for levying the annual assessment the amount due for such tolls and 1)15 iKKiGATioN. Act 1726, v5§ 4U-Glb charges may be added to aud become a part of the assessment levied upon the laud upon which the water for which such tolls or charges are uupaid was used. [New section added May 19, 1917; Stats. 1917, p. 768.] §40. Assessment lien, when. The assessment upon land is a lien against the property assessed from and after the first Monday in March for any year. [Amendment approved May 19, 1917; Stats. 1917, p. 7G8.] § 53a. Investigations by state engineer. During the construction of any irrigation works to be paid for out of the proceeds of any bond issue which has been certified by the state irrigation district bond commission as provided in the act creating said commission, the state engineer snail have access to all plans, specifications, and records of such construction, and shall from time to time make such investigations and such reports to the board of directors of the district as he shall deem to be in the interest of the public or of the district. [New section added May 19, J 917; Stats. 1917, p. 768.] § 59. Directors may call election on question of special assessment. The board of directors may, at any time, when in their judgment it may be deemed advisable, call a special election and submit to the qualified electors of the district the question whether or not a special assessment shall be levied for the purpose of raising money to be applied to any of the purposes provided in this act. Such election must be called upon the notice prescribed, and the same shall be held and the result thereof determined and declared in all respects in conformity with "the provisions of section thirty d 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 "Assess- ment — Yes" or 'Assessment — No." If two-thirds or more of the votes cast are "Assessment — Yes," the board shall, at the time of the annual levy hereunder, levy an assessment sufficieflt to raise the amount voted; provided, however, that in case of an unexpected emergency by which the flow of water in the canal or other supply is interrupted, the amount of the indebtedness, incurred in the repair of the works of said district, caused by such interruption, not to exceed in any one year forty thousand (40,000) dollars, may also, in addition to the assessments hereinbefore provided for, be levied by the adoption of a resolution by at least four- fifths of the members of the board of directors, at the time of the levying of the annual assessment provided for in this act, without the submission of the question of such levy to a vote, as in this section hereinbefore provided. [Amendment approved May 19, 1917; Stats. 1917, p. 768.] § 61b. Directors may purchase irrigation works. The board of direc- tors of irrigation districts may acquire, by purchase or condemnation, the irrigation system, canals and works through which lands in such districts have been or may be supplied with water for irrigation, and may ex- change bonds of such irrigation district for such system or canals or works or for any portion thereof, or for any interest therein or for the capital stock of any corporation owning such system or any portion thereof, upon such terms and conditions as the said board of directors may deem best. [Amendment approved May 19, 1917; Stats. 1917, p. 769.] Act 1732b, §§ 3a, 3b genkral laws. 910 §64. Navigation and vested rights not affected. [Repealed May 24, 1917; Stats. 1917, p. 915.] § 67a. Unexpended money. Whenever an object for which money has been specifically provided by assessment or by bond issue has been ac- complished and any money provided therefor remains unexpended, the same shall in the discretion of the board of directors be transferred to the general fund and thereafter be available for any of the purposes of this act. [Amendment approved May 19, 1917; Stats. 1917, p. 769.] § 112. Title. "Irrigation district." This act may be referred to in any action, proceeding or legislative enactment as "the California irriga- tion district act" and whenever the words "irrigation district" are or have been used in any action or proceeding in any court or in any act or resolution of the legislature such words shall be construed to mean an irrigation district organized or existing under the provisions of an act of the legislature entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisi- tion or construction thereby of works for the irrigation of the lands embraced within such districts and also to provide for the distribution of water for irrigation purposes," approved March 31, 1897, or of the acts of which it is supplemental or amendatory or of the acts supple- mental or amendatory thereof. [New section added May 19, 1917; Stats. 1917; p. 769.] ACT 1732b. • An act relating to bonds of irrigation districts, providing under vv^hat circumstances such bonds shall be legal investments for funds of banks, insurance companies and trust companies, trust funds, state school funds and any money or funds which may now or hereafter be invested in bonds of ^cities, cities and counties, counties, school districts or municipalities, and providing under what circumstances the use of bonds of irrigation districts as security for the perform- ance of any act may be authorized. [Approved June 13, 1913. Stats. 1913, p. 77S.] AiiuMiiled 1915, p. 692; 1917, ji. 5S2. Till' ;iiiHMi(lnu'iit of 1917 follf)vvs: § 3a. Provisions directory. Tlie |>rovisii)iis of section two of this act as to the |iiiints upon wliicli said commission shall report are directory merely ami llie Ijonrd may anthorize such certification wlien in their opinion, subject to the |)r(i\isi(iMs otherwise contained in this act, their (indirigs justify sncli ai-tion. | New seclioii added May 17, 1917; Stats. I!)i7, p. 5S3.| § 3b. No expenditures without consent of commission. Wiienever the bonds of any iiiigalion distrid liave been certified, as provided in this act, no cxiK'nditnre of any l\ind sliali \iv made from the construction t'linil (i\' smh district without tiie consent ol' the comjnission i)rovided for in this act and no obligation siiall be incurred chargeable against such fund without previous authorization of llie commission nor shall any J) 17 IKKKJATION. Act 17321, § 1 expense of any kind be incurred in excess of money actually provide 1 l)y levy of assessment or otherwise. [New section added May 17, liHT; Stats. 1917, p. 583.] ACT 1732i. An act to be known as "tlie California irrioation act" ]>roviding for co- operation between the state of California and the United States and independent proceedings in the storage and diversion of water, the distribution thereof for irrigation, the manufacture of power and for domestic purposes; creating an irrigation board to form water dis- tricts, malte contracts, construct reservoirs, divert and distribute ,. water, generate, lease and sell electric cttrrent, lease water power, levy assessments, issue bonds of water districts; providing for the management, control and supervision of such water districts and of the works constructed pursuant to this act; directing the state de- partment of engineering relative to such works; authorizing irri- gation districts to reorganize under this act and generally providing a policy relating to storage, diversion and use of water, and adojit- ing a plan for jiroviding revenues therefor. [Approved June 4, 1915. Stats. 1915, p. 1173.] Amended 1917, p. 1068. The entire act was amended in 1917 to read as follows: § 1. Title. The title of an act entitled, "An act to be known as "the California irrigation act,' providing for co-operation between the state of California and the United States and independent proceedings in the storage and diversion of water, the distribution thereof for irrigation, the manufacture of power and for domestic purposes; creating an irriga- tion board to form water districts, make contracts, construct reservoirs, divert and distribute water, generate, lease and sell electric current, lease water-power, levy assessments, issue bonds of water districts; pro- viding for the management, control and supervision of such water dis- tricts and of the works constructed pursuant to this act; directing the state department of engineering relative to such works; authorizing irri- gation districts to reorganize under this act and generally providing a policy relating to storage, diversion and use of water, and adopting a plan for providing revenues therefor," approved June 4, 1915, is hereby amended to read as follows: Title. An act to be known as "the California irrigation act" provid- ing for co-operation between the state of California and the United States, and independent proceedings, in the storage and diversion of water, the distribution thereof for irrigation and other beneficial uses and purposes, the generation and manufacture of electric power; creating an irrigation board, and providing for the formation of irrigation dis- tricts and conservation districts, and the conversion of irrigation dis- tricts, reclamation districts, drainage districts and other political sub- divisions of the state organized for the purpose of promoting irrigation, reclamation and drainage, into irrigation districts under this act; and empowering said irrigation board to make and approve contracts and Act 1732i, § 1 GENERAL LAWS. 918 agreements, to construct reservoirs and other works, divert, distribute and sell water and lease and sell water rights and generate, lease and sell electric power, to apportion to the constituent units of conservation districts the water and electric power to be produced and generated by conservation district works, to levy assessments, and issue bonds of irri- gation districts and conservation districts; providing for the manage- ment, control and supervision of such irrigation districts and conserva- tion districts and of the works constructed pursuant to this act; directing the state department of engineering relative to such works; and gen- erally providing a policy relating to the storage, diversion and use of water and the manufacture or generation of electric power, and adopting a plan for providing revenues therefor. § 1. Irrigation board created. Oface. Officers. Compensation. Amounts paid by conservation district. There is created a board to be known as the "irrigation board," which shall consist of three members, and shall constitute a body corporate and politic for the purpose of exercising the powers and performing the acts herein mentioned, and which shall have the power to sue and to be sued. Within thirty days of the date upon which this act takes effect the governor shall appoint the members of said board and the members so appointed shall serve for four years and until their successors have been appointed; provided, that the members of said board heretofore appointed under this section shall serve out the terms for which they were appointed. Their successors shall be appointed, and all vacancies shall be filled by appointment in like man- ner. The office of the irrigation board shall be at the city of Sacra- mento; a branch office may be maintained in the city and county of San Francisco. The irrigation board shall elect one of its members as president, and shall employ a secretary and such attorneys, engineers, superintendents, inspectors and other assistants as it may require, and shall fix the terms of their employment and compensation. Each member of the irrigation board shall receive as compensation the sum of ten dollars per day for each day employed by such member in the performance of duties under this act, and shall receive actual traveling expenses while engaged in such duties. All such salaries, compensation and expenses shall be pay- able out of any funds under the xiontrol of the irrigation board applicable to such payments. Where a conservation district has been formed, as hereinafter provided, the irrigation board shall apportion and certify to f'ach district therein or component unit thereof, and to each private cor- poration, iiintiiai ditch company and mutual water company admitted to the benefits of such conservation district, an amount for its share of the general cost and expense of the maintenance am! operation of tiie irri- gation board in connection wit!) such district, or component unit, or pri- vate corporation or iniilnal diti'li company, or mutual watei- coni|iaiiy, for the ensuing or ])revious year, and also sucli additiona! anujunts as are necessary for the purpose of defraying the cnsl of all administrative, engineering and otlier legal expenses nccessarv lor laying out tlie p!ans therefor, and sucli amounts shall be jiai'l l>y each of sucli districts, or component units, t(» the state treasurer, and sliall lie deiiositcil in a liind to be lieirl and Jtaid out for the account of said conserx atiim district in 919 IRRIGATION. Actl732i, §§ 2-5 the same niauner as hereinafter provided for the funds of said conserva- tion district. § 2. Interest of state in water storage paramount. It is hereby de- clared that the state of California lias a paramount interest in the stor- age and diversion of water, the irrigation of land and the production of electric power; that such storage, irrigation and production of electric power will make productive vast quantities of land that are compar- atively unproductive and will increase production, property valuations and j>opulation in the state, make profitable the cultivation of small tracts and promote subdivision of larger tracts, and will promote the welfare and prosperity of all the people. The powers herein conferred upon the irrigation board are hereby declared to be police and regulatory powers and are necessary to the accomplishment of a purpose that is indispen- sable to the public interests. § 3. Powers. The irrigation board shall have power to make, or cause to be made, examinations and surveys, to make or adopt plans, and esti- mate, or cause to be estimated, the cost of all projects for the storage or diversion of water within the state of California, the distribution of said water, and the generation of electric power in connection with such storage, and the sale and distribution of such power, and to make and enter into contracts for the construction and maintenance of works for such projects and the supervision and administration thereof. The irri- gation board shall also have power to confer and make agreements with any authorized department, board or officer of the United States govern- ment, or with any irrigation district, reclamation district, or drainage district, or other political subdivision of the state organized to promote irrigation, reclamation or drainage, or with any water, power, irrigation or other company, or corporation, or association, or person, or persons, with reference to such projects and concerning examinations, surveys, works and plans in connection therewith. Any plan finally approved by the irrigation board (and when in any case the approval of any author- ized department, board or officer of the United States government is necessary, it is also approved by such authorized department, board or officer) shall be the official plan approved by the state of California and authorized by it for the project involved therein, but such plan may be modified or changed from time to time thereafter in like manner as origi- nally adopted or approved. § 4. State engineering department to make surveys. The state de- partment of engineering, or sueli engineer or engineers as may be ai>pointed by the irrigation board, shall make such surveys, examinations, reports, plans and estimates as may be required by the board, either with or without the co-operation of the United States or any department thereof, whenever said board has under its control money available with which to pay the expenses in connection therewith. ATI such work and all supervision of construction shall be performed under such contracts and regulations as may be made or approved by the irrigation board or agreed upon between said board and the United States. § 5. Petition to organize irrigation district. Notice. Hearing. Order creating district. Approval of state engineer. Board of directors. Pro- Act 17321, § 5 GENERAL LAWS. 920 ceedings to determine validity of district. "Water development dis- tricts." Whenever the holders of title, or evidence of title, representing one-half or more of any body of land susceptible of irrigation (except- ing lands embraced within the limits of incorporated cities or towns) desire to form an irrigation district under the provisions of this act, for the irrigation of said land, they may present to the irrigation board a petition signed by them, or their authorized agents, which petition shall set forth generally the boundaries of the proposed district, a description of the lands by legal subdivisions or other boundaries, the county in wfiich they are situated, the number of acres in the proposed district, and in each tract with the names (if known) of the owners thereof, and designating as unsold any lands not reduced to private ownership; and also shall state generally the source or sources from which said lands are proposed to be irrigated, and the proposed name of the district, and shall pray that the territory within the boundaries of the proposed district may be organized as an irrigation district under the provisions of this act. The petition may consist of any number of separate instruments; and guardians, executors, administrators or other persons holding prop- erty in a trust capacity under appointment of court may sign any jjeti- tion provided for in this act, when authorized by an order of court, which order may be made without notice. A certificate of acknowledgment taken before a notary public or justice" of the peace of any state, or an affidavit by any person in the presence of whom such petition was signed, shall be sufficient evidence of the genuineness of such signature. The petition must be verified by the affidavit of one of the petitioners, and a notice setting forth the exterior boundaries of said proposed dis- trict must be published once a week for four successive weeks prior to the hearing of said petition, in a newspaper of general circulation, pub- lished in each of the counties in which any of the lands intended to be embraced within such proposed irrigation district are situated, which said notice shall also designate the time and place when and where said petition will be presented to the irrigation board. Said notice shall be signed by not less than three of said petitioners, and affidavits of publi- cation must be filed with the petition. At the time and place designated in said notice, the irrigation board shall meet and receive the same and said petition, and any person, own- ing land within the said proposed irrigation district, may appear and jiresent written objections to the creation of such district. The irriga- tion board shall hear and receive such evidence as may be offered in support of the petition and in support of said written objections. The irrigation board may continue said hearing from time to time, by order entered ujion its minutes, to the end that a full hearing may be had. Upon the final hearing of said matter, the irrigation board shall make an order ajjproving saiil petition as originally presented, or as modified by such order, excluding from the district such lands as in the judgment of the irrigation board should be excluded, and upon the filing of such order wiTh the iiTigation board, sucli irrigation district shall be deemed to be created. The order shall descriV)e the cxterioi- hoiiiidaries of the district, as determined by the irrigation board, and alsd 1 iu' exterior boundaries of any lands excluded therefrom, and shall lie indorsed upon or attached to the petition, and be signed by the president nnd attested by the secrc- 921 IRRIGATION, Act 17321, § 5 tary of the irrigation board. A copy of the order creating such irriga- tion district, certified by such secretary, shall be filed in the office of the secretary of state, and a similarly certified copy of such order, together with a map showing the exterior boundaries of the district, and indi- cating the lands excluded therefrom, shall be filed in the office of the county recorder of each of the counties in which any of the lands within the said district are situated, and a properly certified copy of such order, together with the maps attached thereto, shall be received in all of the courts of this state as prima facie evidence of the organization of such district and of the boundaries thereof. Before the irrigation board makes such order, it may require that the project and i>roposed works be approved by the state engineer, or by such engineer or engineers as shall be designated by the irrigation board. Each irrigation district created under the provisions of this act shall have a board of directors composed of owners of laud within the district, elected by the owners of land in such district in the manner provided for the election of trustees of reclamation districts in section three thou- sand four hundred ninety-one of the Political Code of the state of Cali- fornia, except that such elections shall be called by and returns thereof made to the board of supervisors of the county in which the greater por- tion of the lands of the district are situated. Each such district shall have a board consisting of five directors; provided, that if so requested in the petition for the formation of said district, the irrigation board may order that there shall be only three directors. After the approval of the petition and the election of directors for the district, the directors shall adopt rules, not inconsistent with the laws of the state, for the government and control of the affairs of the district, which rules may be amended at any time by said board of directors. The board of directors of any irrigation district created under this act may commence a proceeding in the superior court of any county, wherein a portion of the district is situated, to determine the legality of the existence of said district. The complaint in said proceeding shall de- scribe the district by name and the exterior boundaries thereof, and shall contain a prayer that such district be adjudged a legal irrigation dis- trict. The summons in such proceeding shall be served by publishing a copy thereof once a week for four successive weeks in a newspaper of general circulation published in each county where any part of sucli dis- trict is situated. Within thirty days after the last publication of sairl summons, any person, who may be interested, may appear and answer said complaint, in which answer the facts relied upon to show the invalid- ity of the district shall be set forth. If no answer shall be filed, the court must render judgment as prayed for in the complaint. If anj' an- swer shall be filed within said period, the court shall thereafter proceed as in other civil cases, but no district shall be adjudged invalid when it appears that such district has, for five years prior to the commencement of such proceeding, been performing its functions as an irrigation dis- trict under this act in good faith. The proceeding under this section is hereby declared to be a proceeding in rem, and the judgment rendered therein shall be conclusive against all persons whomsoever and against the state of California. All irrigation districts created under the pro- visions of this act, anything to the contrary elsewhere in this act con- Act 1732i, §§6, 6a general laws. 922 tained, shall be designated as "water development districts" and in all obligations and securities issned by them they shall be so designated. § 6. Converting districts into irrigation districts. Any irrigation dis- trict formed under the provisions of any other law or statute of this state, and a^nj reclamation district or drainage district (excluding from any such district the area embraced within the limits of any incorpo- rated city or town) susceptible of irrigation from any project adopted or approved by tlie irrigation board, may become an irrigation district under the provisions of this act upon presenting to the irrigation board a consent thereto signed by the holders of title, or evidence of title, of more than half of the lands embraced in said district (excepting lands within incorporated cities or towns). Ui:)on the tiling of such consent, the irrigation board shall fix a date for a hearing of the matter involved in such consent. The secretary of the irrigation board shall publish a notice of such hearing once a week for four successive weeks preceding the date fixed therefor in a newspaper of general circulation published in each of the counties in which any portion of said district is situated. At the time and place designated in said notice the irrigation board shall hear and receive such evidence as may be offered in support of the pro- posal to convert such district into an irrigation district under the p>'ovi- sions of this act and in support of any written objection thereto filed with the irrigation board. The irrigation board may continue said hear- ing from time to time, by order entered upon its minutes, to the end that a full hearing may be had. Upon the final hearing of said matter, the irrigation board shall make its order, providing that said district (exclud- ing therefrom the territory embraced in incorporated cities or towns) shall thereafter be an irrigation district subject to all of the provisions of tliis act, or, in its discretion, said irrigation board may decline to make such order. If the irrigation board shall make an order converting such district into an irrigation district, all of the lands therein (except lands lying within the boundaries of incorporated cities or towns), shall become, and shall thereafter be, subject to all of the provisions of tliis act. § 6a. Powers of board of directors. Action nullified by irrigation board. Compensation. The board of directors of an irrigation district created uinlcr this act shall have power to elect one of its members president thereof; and, subject to the approval of the irrigation board, to employ engineers and others to survey, plan, locate and estimate the cost of the works necessary for the improvement of the lands of the district by irrigation, reclamation and drainage and thereafter subject to the approval of the irrigation board, to modify or change such original plan or plans, or adopt new supplemental or additional plan or plans; to acquire by purchase, condemnation or other legal means, necessary prop- erty and rights of way, and the right to take material for the construc- tion of all necessary works, including dams, canals, drains, sluices, bulk- heads, watergates, embankments, levees and pumping i)Iants, and to con- struct, maintain and keep in rejiair all works requisite and necessary to that end, and to do all other ads and things necessary or required for the irrigation, reclamati(jii mid drainage of the Ian. Is ciniiraced in the district, and to carry out tlie purposes of this aid. All of the acts and 923 IRRIGATION. Act 17321, ^ 6b liroeeedings of such boanl of directors, however, shall be recorded in the minutes of said board, and copies thereof, certified by the secretary of said, board as recorded, shall, within ten days after the passage or adoption of the same, be filed with the secretary of the irrigation board, and the irrigation board, within twenty days after such filing may, by order filed with its secretary, reject and nullify the action of the board of directors of such irrigation district, and upon the filing of a certifieil copy of such order of rejection or nullification with the secretary of sucli irrigation district, the said order of said irrigation district board shall be invalid and unenforceable for any purpose; but if such action of such irrigation district board shall not be so rejected or nullified within the period above provided, the same shall be and remain in full force and ett'ect. The irrigation board may confirm and ratify any action of said irrigation district board at any time, and upon such confirmation and ratification such act or order of said irrigation district board shall be valid and effective for all purposes. The several members of the board of directors shall each be entitled to receive for actual and necessary services performed and for expenses incurred bj^ them, respectively, for and in the interest of the district, such compensation as the irrigation board may determine to be just and reasonable, which shall constitute an indebtedness of the district to be paid in the same manner and out of the same fund as other debts of the district; provided, that no warrant or order drawn for such purpose shall be valid until approved by the irrigation board. § 6b. Conservation districts. Eight of private corporation, etc., to share in benefits. Petition. Notice. Hearing. Territory included. Order creating district. Petition to be included. Proceeding to determine legality of district. The irrigation board shall have power to consolidate into single districts in the manner and for the pur- poses provided in this act, irrigation districts, reclamation districts, drainage districts and other political subdivisions of the state organ- zed to promote irrigation, reclamation or drainage, which consoli- dated districts shall be known, and are herein referred to, as conserva- tion districts; and, the purpose of the formation of such districts being primarily to provide for and promote the irrigation of the lands therein, and in connection therewith and incidental thereto the reclamation and drainage of such lands, the legislature hereby expressly declares that every such conservation district, formed as herein provided, is and shall be an irrigation district within the meaning of section thirteen of article eleven of the constitution of the state of California, and within the meaning of every other provision of said constitution relating to irriga- tion districts. Such conservation districts shall be composed of two or more units all or any of which units may be irrigation districts, formed under the provisions of this or anj^ other act or statute of this state, reclamation districts, drainage districts, or other political districts of the state organized to promote irrigation, reclamation or drainage, now or hereafter to be formed. The territory embraced within such units need not be contiguous in order to be embraced within the same conservation district, provided all or a portion of the territory embraced within said respective units is susceptible of irrigation from the works proposed to Act 1732i, § 6b general laws. 924 be constructed by said conservation district. Any private corporation engaged in the distribution of water to the public, for irrigation or other beneficial uses, or in the generation of hydroelectric power for sale to the public, and any mutual ditch company or mutual water company organized for the purpose of distributing water to the members or stock- holders thereof, which private corporation, mutual ditch company or mutual water company is receiving or entitled to receive water from the same stream or streams for the storage or diversion of whose waters it is proposed to construct the works of said conservation district, shall have the right, upon payment of its proportion of the cost of constructing, operating and maintaining such works, to share in all of the benefits re- sulting from such construction, operation and maintenance, including its proportionate share of the water to be conserved thereby and the power to be generated and produced in connection therewith; provided, that nothing herein contained shall be deemed to confer upon said irrigation board, or upon any conservation district formed under the provisions of this act, the right to impair, or deprive any person, firm or corporation of, any vested right in or to the waters of any stream or streams pro- posed to be stored or diverted by said conservation district, without due process of law. Upon presentation to it of a petition signed by the respective govern- ing boards of two or more of said units praying for the formation of a conservation district, the irrigation board shall fix a time and place for the hearing of such petition. The secretary of the irrigation board shall cause notice of said hearing to be given by publication once a week for four successive weeks in a newspaper of general circulation published in each county wherein any part of said petitioning districts are situated, and also by mailing a written notice of such hearing to the governing boards of such other districts or political subdivisions of the state and to such private corporations, mutual ditch companies and mutual water companies as may be designated by the irrigation board. At the time fixed by the irrigation board for such hearing, or at such other time to which the hearing may be adjourned, the irrigation board shall hear and receive evidence in sujjport of any objections which may be filed in oppo- sition thereto, and shall also receive applications from other districts to become a part of such conservation district and form private corpora- tions, mutual ditch companies or mutual water companies to participate in the benefits of such conservation district. If there shall be presented at such hearing a written objection or objections signed by the owners of more than one-half of the lands in any such unit district the signing of such petition by the governing board of such unit district shall be deemed to be nullified and the irrigation board shall have no power to include such unit district within the proposed conservation district. The irrigation board shall include as a part of such conservation tiis- trict the territory embraced within any district unit api)lying to be made part of the conservation district, wliiili .iiiiilying district sliall ho lawfully receiving or entitled to rcrcivc water lidin the same sticaiu or streams whose w.'itei's ;ire |iiii|](jsei| tn lie stni-e(i or dixci-teil l)y such con- servation district, ;iiivater and power shall be forever applied to the purposes of said constituent district; provided, that any water or power that may be so apportioned and for which any constituent district or unit has not, to the full extent thereof, a beneficial use, may be leased by such dis- trict or unit, with the consent of the irrigation board, to any other territory within or without the said conservation district; the other districts or units, embraced in said conservation district to be entitled, however, to the first right to so lease such surplus water or power. The apportionment of water and power under this section shall be made by a special board of apportionment and confirmed by the irrigation board. The members of such special board of apportionment shall be three in number and shall be appointed by the irrigation board, sub- ject, however, to the approval of two-thirds of the members of the advisory board hereinafter provided for. The members of such special board of apportionment shall be disinterested persons having no in- terest in any land within the conservation district within which such apportionment is to be made and not residing within such district. Before entering upon his duties each of the members of said special Act 17321, § 10 GENERAL LAWS. 928 board of apportioument shall take and subscribe an oath that he is not in any manner interested in any real estate within said district, directly or indirectly; that he does not reside therein, and that he will perform the duties of a member of such board to the best of his ability. Said special board of apportionment shall determine, define and apportion to the several districts or units within said conservation district, and to the private corporations, mutual water companies and mutual ditch companies admitted to share in the benefits thereof, the amount and extent of the water to be produced, stored or diverted for the project contemplated by said conservation district and the amount and extent of the power to be produced or generated in connection therewith, and shall likewise determine, define and apportion the cost of the project, and shall make a report thereof to the irrigation board. Upon receiving such report the irrigation board shall fix a date for the hearing thereof, and notice to all persons in such conservation district shall be given by publication once a week for four successive weeks in a newspaper of general circulation published in each of the counties in which any portion of the said district is situated. Such hearing shall be held upon a date not less than sixty nor more than ninety days after the first publication of said notice, and affidavits of the publication of said notice in the manner herein provided shall be made and filed with the irrigation board before such hearing. In addition to the publication of such notice the secretary of the irrigation board shall mail a copy thereof to the governing boards of such other districts or political sub- divisions of the state and to such private corporations, mutual ditch companies and mutual water companies as maj^ be designated by the irrigation board. At the time set for the hearing the irrigation board shall hear and receive evidence in support of objections which may be presented to the apportionment so made, and shall thereupon make its order approving, modifying or rejecting such apportionment. Any per- son aggrieved by the order of the irrigation board may commence an action in the superior court of any county in which any part' of said conservation district is interested to have said apportionment corrected, modified or annulled. Such action must be commenced within thirtj' days after said order has been made and filed in the office of the secretary of the irrigation board, and if not so commenced no action or defense shall thereafter be maintained attacking the legality of said ap])ortionment in any respect. All works coTistructed at the expense of any irrigation district created umler this act, or for any component unit of a conservation district, or for which the same is assessed or charged for the repayment of moneys exi)ended for construction, sli.ill forcxcr he devoted to the jiurpoaes of such constituent district or unit under the ndministrotion of the irrigation board. No rates shall be cliarycil by ;ui irrigation district formed under the provisions of this art or liy ;i conservation district for tlic use of water for irrigation therein or for ])0wer developed in conncrtioM tiicrewith, except for the just prof)ortion of such irriga- tif)Ti district or the units of sncli conservation district, or of the private corporations, mutual water c<)in|ianies or mutn;il ditdi companies en- tiiTed to or receiving the benefits of tlic construction and operation of the works of said conservation district, for the expenses of the govern- 929 iRHKjATio.x. Act 17321, §§ 11-13 iiig bodies iuir tlie same be cast for or against the issuing of bonds. If any person ap|)ointed as a member of the board of election shall fail to attend at the opening of the polls, the voters then present, voting individually, may appoint in his place ;iiiy landholder in the district. Each member of said Ijoaid of election lunsf. before entering upon his duties, take jind sul)sciih(' ;in ofllicial o;i1h. to <';iitlifnl]y perforin his duties as an oflii-er of such elect inn, which oath may be ■■idmiiiistered by an officer autliorized to aduiinister onths, or bv ;i landholder in the district. The polls shall lie kept open from ten o'clock A. M. of the day of election until fi\e n'llock 1'. M. of tl:at day. 987 IRRIGATION. Act 17321, § 16 At the close of the polls the board of election shall at once proceed to canvass the votes and declare the result, and shall forward a certifi- cate showing such result and the number of votes cast for and against the issuing of the bonds to the irrigation board and shall also deliver to the said irrigation board all ballots cast at such election and all docu- ments and papers used at such election. Said irrigation board shall, upon the receipt of such canvass and declaration of the result from the said board of election, proceed to examine the same an — , authorizing ils issuance, and is based upon and secured by a lien njion MUfl a vahiatinn and apportionment levied on the land in said dis- 939 IRRIGATION. Act 1732i, § IG tiict and filed in the office of the state irrlgatiou board on the day of , 19 — . And the said district does hereby certify and declare that said election was duly called and held upon due notice, and the result thereof was duly canvassed and ascertained, in pursuance of and in strict conformity with the laws of the state of California applicable thereto, and that all of the acts and conditions and things required by law to be done precedent to and in the issue of said bonds have been done and have been performed in regular and in due form and in strict accordance with the provisions of the law authorizing the issuance of such district bonds. In testimony whereof, the said conservation district, acting by and through the irrigation board of the state of California, has caused this bond to be signed by the president of said irrigation board, and attested by the secretary thereof, with his seal of office affixed, this day of , 19-. By , President of said board. Attest: , Secretary of said board. And the interest coupon may be substantially in the following form: No. $ The state treasurer of the state of California will pay to the holder hereof on the — • — day of — ■ — , 19 — , at his office in the city of Sacra- mento, state of California, the sum of $ in gold coin of the United States out of the funds of — — district — — for interest on bond of said district numbered . State treasurer. The state treasurer shall place the bonds prepared pursuant to this act to the credit of the district and the irrigation board may in its dis- cretion direct the state treasurer to sell the whole or any designated number of said bonds for the best price obtainable therefor, but in no event for less than ninety per cent of the face value of said bonds and the accrued interest thereon. BefoVe making a sale of said bonds, notice shall be given by the state treasurer by publication at least once a week for three weeks in a newspaper of general circulation published in the city of Sacramento, and also one or more papers in said district, that he will sell a specified amount of said bonds, and stating the day, hour and place of such sale, and asking sealed proposals for the purchase of said bonds, or any part thereof. At the time appointed the state treasurer shall open the bids and award the bonds to the highest re- sponsible bidder. He niay reject any and all bids. Any sale by the state treasurer and delivery of the bonds thereunder shall be conclusive evidence in favor of the purchaser and all subsequent holders of the bonds that such sale was made upon due authority and notice. The proceeds of sale of said bonds shall be placed in the state treasury to the credit of said district^ and a projj^r record of such transaction shall be made upon his books. At any time after said bonds shall hai-e been delivered to the state treasurer, an action may be commenced, in the superior court of the county within which is situated the largest area of land within said district by the irrigation board in the name of the Act 17321, § 16 GENERAL LAWS. 940 district or by any unit of said district or by any person owning property within the said district liable to assessment. Such action shall be brought and prosecuted against the lands in said district and all per- sons owning the same or interested therein, to have it determined as to whether or not said bonds when sold will be a legal obligation of such district. It shall be sufficient to describe said lands as all lands in the district (naming it) without a more specific description. The summons shall be published once a week for three weeks in some newspaper of general circulation published in the county where the action is pending. Within thirty days after the first publication of summons any owner of land in such district, or any person interested, may appear and answer the complaint, which answer shall set forth the facts relied upon to show the invalidity of said bonds. The default of all defendants not so appearing may be entered. Such action shall be given precedence in hearing and trial over all other civil actions in such court and judg- ment rendered declaring such matter so contested either valid or invalid. Any party not in default may have the right to appeal to the supreme . court within thirty days after entry of judgment and said appeal and the hearing thereof shall be expedited in said court. Judgment for the plaintiff i^ such proceedings shall be considered as a judgment in rem and shall be conclusive against said district and against all lands therein and all owners thereof and all other interested persons. The irrigation board may draw warrants upon the state treasurer against the funds provided by sale of said bonds. The money derived from the sale of any of said bonds shall be re- ceived by the state treasurer and shall by him be safely kept and placed to the credit of said district in a fund to be designated in the name of such district for the said district and may be drawn and expended upon warrants drawn against said fund as in this act provided. Bonds of any district issued pursuant to the provisions of this act which are investigated and approved by any commission or officer now or hereafter authorized by the laws of this state to conduct such inves- tigation and give such approval and by authority of which approval said bonds are declared to be legal investments for savings banks may be lawfully purchased or received in pledge for loans by banks, trust companies, guardians, executors, administrators and special adminis- trators, or by any public officer or officers of this state, or of any county, city, city and county or other municipal or corporate body within the state having or holding funds which they are allowed by law to invest or loan. If after said district has autliorized the issuance and sale of a series of bonds under this act, it shall become necessary so to do, an additional bond issue or series of bonds may be authorized and sold and all pro- ceedings shall be had and taken, and all procedure in connection with said second issue or series of bonds shall be had and taken in accord- ance with the provisions of this act as to the first issue of bonds; provided, that said second issue or series of bonds shall not be issued so as tO| in any manner interfere #ith the lien or security of the pay- ment of the first issue of bonds, and said second issue or series of bonds shall, as to the lieu thereof and as to the .security of same, lie subsequent and subordinate and subject to such first bond issue 941 IRRIGATION. Act 17321, § 17 § 17. Surveys, etc., of irrigation district. Conunissioners to assess land. Assessment-roll. Hearing. Objections. Approval of assessment. Lien. Annual levy. Additional levy. Surplus. Duties of auditors and tax collectors. Moneys received under contracts. Delinquent taxes. The irrigation board shall, upun the organization of any irrigation dis- trict as in this act provided, proceed to make or cause to be made, all necessary examinations, surveys, plans and estimates of cost for the storage, diversion and distribution of water and the generation of elec- tric power in connection therewith, and the sale and distribution thereof as may be necessary or requisite to enable said board to ascer- tain and estimate the requirements and works necessary as aforesaid for the purposes of said irrigation district and the probable cost and expense thereof, and in that connection may use and adopt all previous estimates, surveys and reports it may have collected adapted to that purpose, and may employ all necessary engineers and other assistants for the accomplishment of said purposes, and the cost thereof shall be deemed a part of the expense of said project and may issue warrants therefor and same shall bear interest fron^ date of issue at the rate of six per cent per annum until paid, and shall be payable out of the funds of said district, and may be included in anj- bond issue authorized for the purposes of said district. Such estimate as is above provided for shall be in such form as shall be approved by said irrigation board and shall be entered in the min- utes of said board and shall constitute a part of the records of said board, and the same, or a copy thereof, certified by the secretary of said board, shall be admissible as evidence in anyproceeding befor? any court, commission or tribunal of this state wherein the matters therein set fortli shall be admissible in evidence. Whenever, for anj' of the purposes of this act, the irrigation board shall deem it necessary for the purposes of said irrigation district, or the levying of an assessment upon the property therein, or the issu- ance of bonds by said irrigation district, said board shall appoint three commissioners for such purpose or purposes. Such commissioners shall have no interest in any land in the irrigation district, either directly or indirectly, and each commissioner before entering upon his duties shall make and subscribe an oath that he is not in any manner interested directly or indirectly in any land in said irrigation district, and that he will perform the duties of commissioner to the best of his ability. Thereupon said commissioners shall proceed to view and assess upon the land within said irrigation district a sum sufficient to cover said estimated amount and shall apportion the same according to the bene- fits which will accrue to each tract of land within said irrigation district, «!uch benefits 'to be estimated according to the benefits which will accrue to each tract of land in such irrigation district by reason of the expenditure of said estimated sum, and shall estimate the same in gold coin of the United States. Said commissioners shall prepare and certify a roll on whicl^ thcj- shall state the names and address of the owner of each parcel of land in such irrigation district, or if the name or address of any owner is unknown, then, that fact; also a description of each parcel of land by legal subdivisions or boundaries, and the total amount assessed Act 17321, § 17 GENERAL LAWS. 942 against each parcel of land so described. Xo mistake in the name of the owner, or supposed owner of any parcel of land, shall invalidate the apportionment or assessment. A separate roll shall be made for the lands in each county where such irrigation district includes land in more than one county. When completed said roll or rolls shall be filed with the irrigation board and certified copies of the particular roll for each county shall be filed with the county recorder of any county in which any lands within said irrigation district may be, and each roll shall be open for inspection by the public for at least thirty days. The irrigation board shall appoint a time and place not less than thirty days after said roll has been filed with said recorder or recorders when and where it will meet, within the county in which the greater por- tion of said irrigation district is situated for the purpose of hearing objec- tion to said assessment and the apportionment thereof and notice of such hearing shall be published at least once a week for two sucessive v.-eeks in some newspaper published in each county in which any lands within said irrigation district may be. At any time before or at the original date of such hearing, any person interested in any real estate upon which any charge has been apportioned and assessed, may file in the office of the secretary of said irrigation board written objections thereto, stating the grounds of such objections, which said statements shall be verified by the affidavit of such person or some other person who is familiar with the facts. Said irrigation board may postpone such hear- ing from time to time. At such hearing the irrigation board shall hear such evidence as may be offered touching the correctness of such assess- ment or the manner of its apportionment and may modify or amend the same and may reapportion all or any part of the entire assessment. No assessment or apportionment shall be increased except upon the hear- ing of objections thereto or after personal notice or notice by mail to the owner of the land upon which said increase is made. Said irrigation board must make and, enter in its minutes an order approving said assessment and apportionment as finally fixed, and the decision of said irrigation board shall be final, and thereafter said assessment and apportionment shall be conclusive evidence of the validity of said assessment and apportionment, and no action or defense shall ever be maintained attacking the same in any respect. And the records of said irrigation board, or a copy thereof certified by its secretary, shall be received in evidence in all or any of the courts of this state, or l)eforc an}-^ board or tribunal authorized to hear or consider any matter wherein the same shall be admissible as evidence. No change shall be made in said assessment or apportionment after the consideration, approval and fixing thereof by said irrigation board arid all assess- ments upon the property of said irrigation district thereafter shall be levied in accordance therewith and consistent with the apportion- ment of benefits therein provided for and fixed, and if any assessments arc (railed for or required in addition to tlie original amount estimated and api)ortioncd for the purposes of said irrigation district, such addi- tional amount shall be assessed, levied and raised in accordance with said apportionment and assessment of l)eiiefits so fixed in the first ins(fin'-<' by sjiid irrigation board. .\ certified copy of such assessment 943 IRRIGATION. Act 1732i, i? 17 and apportionment roll as finally approved shall be filed in the olfiee of tlie county recorder of each county in which any land within said irrigation district is situated. Such assessment and apportionment shall thereafter constitute a first lien upon the land affected thereby until the full amount thereof is paid or until all bonds of the irrigation dis- trict issued thereon, together with the accrued interest, shall have been fully paid. The said irrigation board shall on the first Tuesday in May following the fixing and approval of said assessment and ap- portionment therein provided for, and annually thereafter on said date, levy an assessment, sufficient to raise the annual interest on the out- standing bonds of said irrigation district, and in any year in which any bonds shall fall due must increase such assessment to an amount sufficient to pay the principal of the outstanding bonds as they mature; also sufficient to pay in full all sums that may become due from the irrigation district before the time of collection of the next annual assessment, including an amount sufficient to pay in full the amount of any contract or obligation of the irrigation district which may come due during said year or may have been reduced to judgment, and to provide for and maintain a fund out of which the current and contingent obligations of said irrigation district can be paid in cash as they mature. In addition to the amounts estimated as necessary for the purposes aforesaid, a further levy of fifteen per cent additional shall be included and levied for the purposes of meeting any additional amounts that may be required on account of delinquencies and to insure the payment of all of the bonded indebtedness, including the interest thereon and other obligations of said irrigation district at maturity. Whenever there is a surplus in the funds of said district over and above all requirements as herein specified for the payment of the bonded indebtedness and interest thereon and accrued obligations of said irri- gation district, such a surplus may be used and applied in retiring the outstanding bonds or any thereof of said irrigation district. The sec- retary of the irrigation board must compute and enter in a separate column of the assessment-book the respective sums in dollars and cents to be paid as an assessment upon the property therein enumerated. In so doing, said secretary shall enter the names of the owners of such lands and the descriptions thereof in accordance with the last assessment- roll of the county in which the said lands are situated. Such assessment must be so levied and computed as to be in accordance with the appor- tionment and assessment of benefits herein provided for and so that all lands within said irrigation district shall be assessed and required to pay in accordance therewith. The secretary of said board shall forthwith deliver a certified copy of that portion of said assessment so directed to be entered by him, so far as it applies or appertains to any land within any county situated within said irrigation district to the county auditor of such county, and such auditor shall accept and receipt for the same and thereupon it shall be the duty of said auditor to include said assessment as an assessment against each parcel or tract of land therein described. It shall be the duty of said auditor to examine and ascertain as to any errors or dis- crepancies that may exist in said roll as to the ownership of or the de- scriptions of land as applied to any owner or owners thereof as compared Act 1732i, § 17 GENERAL LAWS. [)U with the assessment-roll of the said county for such, year, and if any such difference or discrepancies are found, it shall be the duty of said auditor to correct the same accordingly so that the said roll as to owner- ships and descriptions of land and assessments thereof shall correspond to the assessment-roll of said county and for such year. And it shall be his duty to audit, enter and certify the same to the tax collector of said county for collection in the same manner and form as county, school dis- trict and other taxes are included and certified by him to such tax col- lector, and all such assessments shall constitute a first lien upon the lands affected thereby as hereinbefore provided. Upon receipt of the same from the auditor of such county it shall be the duty of the tax collector of said county to include the same as a sepa- rate entry and charge against the land therein described and to collect the same with the county, school district and other taxes so required to be collected by such county tax collector and to keep and deposit such irrigation district taxes in a separate fund, and when the same is col- lected it shall be the duty of such tax collector to pay the same over to the treasurer of such county at the same time and in the same manner as other taxes collected by him are paid over to such treasurer, and it shall be the duty of such treasurer to receive the same as other. taxes are received by him and after receipt thereof to keep the same in a separate fund and upon receipt of same, or any part thereof, it shall be the duty of such county treasurer within thirty daj's thereafter to pay the same and all thereof to the treasurer of the state of California, who shall re- ceive and keep the same and deposit the same in a separate fund to the credit of the said district, and to be paid out hy him upon the order and approval of the said irrigation board. All moneys received under contracts, leases or other arrangements by such irrigation district from any canal companies, mutual or other water companies, recla?nation districts, or from any corporations, individuals, or other sources not herein otherwise provided for, shall be collected by said irrigation board and by it deposited with the state treasurer, and tlieroafter to be disbursed as provided as to funds of such irrigation dis- trict under the order and direction of such irrigation board for the pur- poses and obligations of said irrigation district, including the payment and retirement of outstanding bonds with interest thereon. From and after the time of the filing of such assessment-roll of such irrigation district with the auditor of any county the taxes therein enu- merated, levied and assessed, shall be regarded and treated as are the other taxes of said county or the school districts thereof and the same shall be included in and considered a part of such taxes and the same shall become delinquent at the same time and in the same manner as such other taxes, and witli respect to any delinquency or delinquent notices the same shall become delinquent aiul notice thereof shall be pub- lished with and at the same time ami in the same manner as other de- linquent taxes and the same shall be similarly treated for all purposes of notice and sale thereof for such delinquent taxes, and shall be subject to redemption from such (lelin(|uent irrigation district taxes at the same time and in the hiwuc. manner and Ihrongli tlie same officials as arc such other taxes. .And any and all charges and penalties in connection there- with shall be similarly chiirgf'd and collected, and the amounts so col- ^■15 IHRIGATION. Act 1732i, ^ 18 lected on account of ajiy sucIl di'liju^uent taxes or iutorest or peuulties thereon shall be received by the county treasurer and paid over to the state treasurer in the same manner as is hereinabove provided, and in the event of the sale of any property for delinquent taxes of such counties or other delinquent taxes, said irrigation district taxes shall be included therein and said property shall be sold therefor in connection with and includiiHg such other taxes, and upon a redemption thereof or upon a sale of said lauds the said irrigation district taxes shall be included therein and together with interest and penalties thereon the same shall be received and paid over to the county treasurer, and by him paid over to the state treasurer, as hereinbefore provided. § 18. Issue of bonds. Estimate of amount necessary. Examination by engineer. Special election. Manner of conducting. Bonds, issuance and form of. Interest coupons. Sale of bonds. Action to determine if bonds legal. Warrants. Bond, legal investments. Additional bond issue. At any time after the irrigation board shall have made the ex- aminations, surveys, plans and estimates of cost for the storage, diversion and distribution of water, and for the other purposes enumerated in this act, and after the same has been entered in the minutes of said board and shall have also had assessed and apportioned upon the lands in any irrigation district organized under the provision of this act the charges and benefits and apportionments provided for in this act, and after such apportionment and assessment-roll shall have been finally fixed and approved by the said board, and after the same has been entered in the minutes of the said board must, as soon as may be practicable, proceed and issue the bonds of said irrigation district for the purposes aforesaid. The said board shall, in connection with the previous estimates made and adopted by it, estimate the amount of money necessary to be raised by such bond issue for the purposes of said irrigation district, as afore- said, and shall ascertain and determine the same and enter its order to that effect in the minutes of said board. And whenever thereafter the construction fund of said irrigation district has been exhausted by ex- penditures herein authorized, and it is necessary to raise additional money for such purposes, it shall be the duty of said board to estimate and determine the amount of money necessary to be raised for such addi- tional purposes. For the purposes of such bond issue, or additional bond issue, the said board shall be authorized to employ engineers and other assistants and make all such further examinations and estimates as may be necessary, to fix and determine such matters and the conclusion and estimates of said board shall be entered in its minutes. Said irrigation board shall by order entered in its records order a special election to be held at such place or places in said irrigation district as shall be designated by said irrigation board, at which said election there shall be submitted to the ow^ners of land in said irrigation district the question whether or not the bonds of said district shall be issued in the amount specified in the order of said board, and which amount shall be stated in the order for such special election. For all purposes of this act relating to signing peti- tions and votings at any election, and for all other purposes, where the question of title to land claimed to be owned by such voter or owner 60 Act 17321, § 18 GENERAL LAWS. 946 is involved, tlie equalized assessment-roll for the year last preceding in each county wherein any land of the said irrigation district is situated, shall be sufficient evidence of ownership of lands in the irrigation dis- trict. Guardians, executors, administrators and other persons holding land in a trust capacity under appointment of court may vote without obtaining any special authority therefor. Said irrigation board shall at the time of calling the said election designate in its order thfe voting place or places at which said election shall be held and where votes shall be cast and shall designate three landholders of the irrigation district to act as a board of election at each voting place. Notice of such special election must be given by the irrigation board by posting notice thereof in at least three public places in such irriga- tion district at least twenty days prior thereto, and also by publishing such notice once a week for the same length of time in some newspaper of general circulation, published in each county in which any portion of said irrigation district may be situated, or if there be no newspaper pub- lished in any one of such counties, then in each county wherein such newspaper is published; and such notice must specify the time and place of holding said election and the aggregate face value of bonds proposed to be issued and the names of three landholders of said irrigation dis- trict to act as a board of election at each polling place. Affidavits of the publication and posting of such notice must be filed with the secre- tary of said irrigation board. At such election each owner of lands in the district shall be entitled to vote in person or by proxy, and shall have the right to cast one vote for each acre of real estate owned by him in the irrigation district, such ownership to be determined from the next preceding assessment-roll of the county or counties in which the lands of the irrigation district are situated and the irrigation board shall, prior to the election, cause to be prepared and certified and furnished to the board of election at each polling place, a true and correct copy of each of said next preceding as- sessment-rolls so far as such assessment-roll applies to any lands within such irrigation district, which said certified roll shall be used by the board of election in determining the number of votes each voter is en- titlecl to cast. Executors, administrators, special administrators and guardians may cast the vote of the estates represented by them. No person shall vote bj' proxy at such election unless authority to cast such vote shall be evidenced by an instrument in writing, duly acknowledged and certified in the same manner as grants of real property and filed with tlie board of election. Tlie ballots cast at such election slinll contain llie words, "bonds, yes" or "bonds, no" and also the name of the person casting the ballot, with the number of votes cast by him. A list of the ballots cast shall be made by the board of election containing the name of each voter, and, if the ballots be cast by proxy, the name of the person casting it and the num- ber of votes cast ])y each and whether the same be cast for or against the issuing of bonds. If any person appointed as a member of the board of election shall fail to attend at the opening of the polls, the voters then present, vot- ing individually, may appoint in his place any landholder in the irri- gation district. Each member of said board of election must, before 947 IRRIGATION. Act 17321, § 18 entering upon his duties, take and subscribe an offic-ial oath, to faith- fully perform his duties as an oflficor of such election, which oath may be administered by any officer authorized to administer oaths, or by a land holder in the irrigation district. The polls shall be kept open from ten o'clock A. M. of the day of election until five o'clock P. M. of that day. At the close of the polls the board of election shall at once proceed to canvass the votes and declare the result and shall forward a cer- tificate showing such result and the number of votes cast for and against the issuing of the bonds to the irrigation board and shall also deliver to the said irrigation board all ballots cast at such election and all documents and papers used at such election. Said irrigation board shall, upon the receipt of such canvass and dec- laration of the result from the said board of election, proceed to ex- amine the same and shall ascertain and declare the result as shown by such canvass and declaration, and shall enter an order in its minutes that the said proposition for the issuance of said bonds has been car- ried Or defeated, as the case may be. Forthwith, upon the declaration of the result of said election by said irrigation board, the secretary of said board shall make a certified copy of the order of said board, declaring the result of said election, and shall forward said certified copy or copies to the recorder or recorders of the counties in which any land of said irrigation district may be situated, and the same shall forthwith be filed and recorded in said recorder or recorders' office, and shall impart notice to all interested persons as to the result of said election. Any person owning property within the said irrigation district, liable to assessment, may contest such election, by filing a written contest specifying the grounds of his objection thereto, with said irrigation board, said written contest to be filed within thirty days after the dec- laration of the result of said election by said irrigation board, and if no such contest and objections be filed within thirty days, no such contest and objections shall thereafter be received or filed. Such writ- ten contest shall specify the ground or grounds of contest to said elec- tion, and upon the filing of the same with said irrigation board it shall expeditiously set the said contest for hearing, and shall have the right to postpone the hearing for such time as may be necessary, but not otherwise, and shall expeditiously hear and determine the same. For the purposes of such hearing the board may by subpoena signed by the secretary under its seal compel the attendance of witnesses and the pro- duction of evidence. Disobedience of such subpoena or of any lawful order of the board in the premises shall constitute *a contempt of the authority of the board punishable by the board in accordance with title five of part three of the Code of Civil Procedure, and shall also constitute a misdemeanor under section one hundred sixty-six of the Penal Code. Said irrigation board shall, upon the conclusion of said hearing of said contest, proceed forthwith to enter its order and de- cision thereon. Such decision on the part of said irrigation board shall be final, conclusive and binding upon all parties interested as to validity and as to result of such election and shall be subject to review only Act 17321, § 18 GENERAL LAWS. 948 in the event suit is brought by the said irrigation district or by some person or corporation or association authorized to bring the same to determine the question of the validity of the said bond issue, and in the determination and adjudication of the question of the validity of said bond issue, as hereinafter specified, the court may review and con- sider the validity of said election for the issuance of said bonds, but in such action the certificate and determination of said irrigation board shall be received and accepted by the court as prima facie evidence of the result as to the validity of said election and the regularity of the canvassing, counting and return of the votes east at said election. If a majority of the votes cast at such an election is in favor of the issuance of bonds, the irrigation board shall after canvassing the re- turns and declaring the result of said election cause bonds of said irrigation district in the amount stated in the order for the election to be issued, executed and delivered to the state treasurer of the state of California. Said bonds shall be of the denomination of not less than one hundred dollars nor more than one thousand dollars each; they shall be signed by the president of the irrigation board and attested by the secretary thereof, and shall be numbered consecutively in the order of their maturity, and shall bear interest at the rate not exceed- ing six per centum per annum, payable semi-annually on the first day of January and the first day of July in each year, at the office of said state treasurer, upon the presentation of the proper coupons therefor. Coupons for each installment of interest shall be attached to said bonds and shall bear the facsimile signature of the state treasurer of the state of California. The principal of said bonds shall be made payable, by an order entered into the minutes of the irrigation board, upon the first day of July or the first day of January, and in such years as the irrigation board may prescribe. Said bonds shall be payable serially within forty years from their date in the manner following, to' wit: Not less than five per cent of the aggregate face value of the bonds issued shall be payable each year, beginning not later than the twen- tieth year from their date until the whole amount of said bonds have been paid. Said irrigation board, subject to the provisions of this act, is author- ized and empowered to take all such actions and ma^e all such oraers as may be necessary in connection with the issuance, sale and disposi- tion of said bonds. Said bonds may bo substantially iu the following form: iJNITED STATES -OF AMERICA. STATE OF CALIFORNIA. No. ^ "" Name of district Irrigation District (Name of district) Irrigation District, for value received, hereby acknowledges itsc^lf indebted to and promises to pay to the holder liereof at the office of the state treasurer of the state of California, on the first day of , 19— the sura of $ , in gold coin of the United States of America, with interest thereon in like gold coin from 949 IRRIGATION. Act 17321, § 18 date hereof uutil paid, at the rate of per cent per annum, payable at the office of said treasurer scmi-anunally on the first day of January and the first day of July in each year on presentation and surrender of the interest coupons hereto attached. This bond is one of a series of bonds of lilce tenor and effect, except as to denomination and maturity, numbered from to inclusive, amounting in the aggregate to $ issued in accordance with the California irrigation act, pursuant to an election held in said district on the day of 19 — , authorizing its issuance, and is based upon and secured by a lien upon and a valuation and apportionment levied on the land in said irri- gation district and filed in the ofiice of the state irrigation board on the 'day of 19 — ; and the said district does hereby certify and declare that said election was duly called and held upon due notice, and the result thereof was duly canvassed and ascertained, in pursuance of and in strict conformity with the laws of the state of California ap- plicable thereto, and that all of the acts and conditions and things required by law to be done precedent to and in the issue of said bonds have been done and have been performed in regular and in due form and in strict accordance with the provisions of the law authorizing the issuance of such irrigation distj'ict bonds. In testimony whereof, the said irrigation district, acting by and through the irrigation board of the state of California, has caused this bond to be signed by the president of said irrigation board, and attested by the secretarj^ thereof, with his seal of office affixed, this day of , 19—. By . President of said board. Attest: , Secretary of said board. And the interest coupon may be substantially in the following form: No. . " $ . The state treasurer of the state of California will pay to the holder hereof on the day of 19 — , at his office in the city of Sacra- mento, state of California, the sum of $ in gold coin of the United States out of the funds of irrigation district for interest on bond of said irrigation district numbered . > State treasurer. The state treasurer shall place the bonds prepared pursuant to this act to the credit of the irrigation district and the irrigation board may in its discretion direct the state treasurer to sell the whole or any desig- nated number of said bonds for the best price obtainable therefor, but in no event for less that ninety per cent of the face value of said bonds and the accrued interest thereon. Before making a sale of said bonds, notice shall be given by the state treasurer by publication at least once a week for three weeks in a newspaper of ^general circulation published in the city of Sacramento, and also one or more papers in the county in which the greater portion of said irrigation district is situated, that he will sell a specified amount of said bonds, and stating the day, hour and place of such sale, and asking sealed proposals for the purchase Act 1732i, § 18 GENERAL LAWS. 950 of said bonds, or auy part thereof. At the time appointed the state treasurer shall open the bids and award the bonds to the highest re- sponsible bidder. He may reject any and all bids. Any sale by the state treasurer and delivery of the bonds thereunder shall be conclusive evidence in favor of the purchaser and all subsequent holders of the bonds that such sale was made upon due authority and notice. The proceeds of sale of said bonds shall be placed in the state treasury to the credit of said irrigation district, and a proper record of such trans- action shall be made upon his books. At any time after said bonds shall have been delivered to the state treasurer, an action may be com- menced in the superior court of the county within which is situated the largest area of laud within said irrigation district by the irrigation board in the name of the irrigation district or by any person owning property within the said irrigation district liable to assessment. Such action shall be brought and prosecuted against the lands in said irriga- tion district and all persons owning the same or interested therein, to have it determined as to whether or not said bonds when sold will be a legal obligation of such irrigation district. It shall be suf3S.cient to describe said lands as all lands in the irrigation district (naming it) without a more specific description. The summons shall be published once a week for three weeks in some newspaper of general circulation published in the county where the action is pending. Within thirty days after the first publication of summons any owner of land in such irrigation district, rfr any person interested, may appear and answer the complaint, which answer shall set forth the facts relied upon to show the invalidity of said bonds. The default of all defendants not so appearing may be entered. Such action shall be given precedence in hearing and trial over all other civil actions in such court and judgment rendered declaring such matter so contested either valid or invalid. Any party not in default may have the right to appeal to the supreme court within thirty days after entry of judgment and said appeal and the hearing thereof shall be expedited in said court. Judgment for the plaintiif in such proceedings shall be considered as a judgment in rem and shall be conclusive against said district and against all lands therein and all owners thereof and all other interested persons. The irrigation board may draw warrants upon the state treasury against the funds provided by sale of said bonds. The money derived from the sale of any of said bonds sluill be roceived by the state treasurer and shall by him be safely kept and placed to the credit of said irrigation district in a fund to be designated in the name of such irrigation district for the said irrgation district and may be drawn and expend('ply to, any irrigation, protection, flood control, conservation, or other improvement district situated wholly or in part within any county which lias adopted a char- ter pursuant to section seven and one-half of article eleven of the con- stitution of California, ratified and approved as provided therein, prior to June 4, 1915, or within any city and county; and said board shall have no power of jurisdiction within any of said districts or within such counties or city and county. ACT 1732 j. An act authorizing and empowering irrigation and reclamation districts to enter into contracts with the United States Eeclamation Service for the reclamation of lands within such district under the provi- sions of the so-called "twenty year extension act." [Approved May 21, 1917. Stats. 1917, p. 781. In effect July 27, 1917.] § 1. Irrigation and reclamation districts may contract with United States Reclamation Service. The board of trustees, or directors of any irrigation or reclamation district now organized under the provisions of the laws of the state of California, or of any irrigation or reclamation district hereafter organized under the laws of the state of California, may, in their discretion, whenever it is determined by such board that it is for the best interests of such districts, enter into a contract with the proper officers of the United States Eeclamation Service for the reclama- tion, either by drainage or irrigation of lands within the boundaries of such district, or by preventing high water from overflowing the same, under t^e provisions of an act of congress approved August 13, 1914, en- titled "An act extending the period of payment under reclamation pro- jects, and for other purjDOses," which act is commonly known as the twenty-year extension act, and from and after the execution of such con- tract, the amount of indebtedness created thereby shall be and become a lien upon the lands to be benefited by such reclamation work. § 2. Payment of amounts due. The board of trustees or directors of any irrigation or reclamation district above mentioned, shall provide by Act 1732k, §§ 1, 2 GENERAL LAWS. 952 a resolution duly adopted at a regular meeting, or special meeting of such board called for the purpose, for the payments of the amounts to become due under the contract with the United States, according to the provisions of such contract, by assessment upon the lands, in such dis- trict, which are to be benefited by such work, such assessment to be collected by the tax collector of the county within which such lands are situated, the same as other taxes are collected, or by any other officer authorized by law to collect assessments within said district. ACT 1732k. All act defining a private irrigation plant and mutual water company and providing the conditions under which the owner of a private irrigation plant or a mutual water company may deliver water to others or others than its stockholders or members without becoming a public utility, and limiting such authority to the time the United States is^ a party to war or to a state of war; and declaring this act to be an urgency measure. [Approved May 5, 1917. Stats. 1917, p. 281. In effect immediately.] § 1. "Private irrigation plant." (a) The term "private irrigation plant,'' when used in this act, shall be construed to mean a water system which is not operated by a mutual water company as herein defined or by a public utility as defined in the public utilities act, approved Decem- ber 23, 1911, and acts amendatory thereof, or in the act entitled "An act providing for the regulation of water companies, defining their pow- ers and duties, defining the powers and duties of the railroad commis- sion with reference thereto, and defining the conditions under which such water companies became subject to the provisions of the public utilities act and the railroad commission of the state of California," approved April 2.5, 1913. (b) "Mutual water company." The term "mutual water company." when nsed in this act, moans any private corporation or association or- ganized for the purpose of deli\pring water solely to its stockholders or members at cost. § 2. Water may be delivered to other than stockholders, when. State- ment filed with railroad commission. For Iho solo purpose of increas- ing the output of agricultural prodncls in this state during the time the United States is a party to war or to a state of war, the owner of any private irrigation plant or any mutual water company may at its option deliver water to others or others than its stockholders or mem- bers, with or without compensation, without becoming a public utility subject 1o the jiirisiiid ion of the I'ailroad commission of tlie state of California; [uoviiioil, tlmt no delivery of water to others than stock- holders or iiiemlxMs sIimII lio aiithoii/COij until tho orders for water of all stoekholdei's or iiioinliors in;iilo in iifrdriiiuico with tho constitution, by-laws, rules or regulations of such mutual water company iiave been filled, and provided, further, that the temporary service herein author- ized sliall nol be construed as granting any riglit to render or receive Huch service more than six months after such war need has ceased; and |)io\idi'd. furtiior, that af'tor .luno first, diji' thousand nine hundred 1)53 iRKiuATioK. Act 17321, §§ 1-3 seveutft'ii, no sin^'li temporary sorvici' of water shall be made unless a statement is lirst filed with the railroad commission stating the private irrigation plant or mutual water eom[iany rendering such service, the party receiving such service, the lands irrigated and the rate, if any, charged ior such service. §3. Urgency measure. This act is horeby declared to be an urgency measure, and luider the jirovisions of section 1 of article four of the constitution of the state of California shall take effect immediately. The facts constituting such urgency are as follows: The United States is now in a state of war and there is a shortage of crops in this state and throughout the nation generally. It is therefore necessary for the immediate preservation of public safety that this act take effect imme- diately so that the use of water in the irrigated area and the resulting crop returns of the state may be increased to the maximum output without delay. ACT 17321. An act to provide for co-operation in acquisition, construction and man- agement of irrigation and drainage works between irrigation dis- tricts organized or existing under or by virtue of an act entitled "An act to provide for organization and government of irrigation districts and to provide for the acquisition thereby of works for the irrigation of the lands embraced within such districts, and also to provide for the distribution of water for irrigation purposes," approved March 31, 1897, and contiguous or adjoining districts in or organized under the laws of other states. [Api>roved May 23, 1917. Stats. 1917. p. 90.5. In effect July 27, 1917.] § 1. Irrigation districts may co-operate with districts in adjoining states. It shall be lawful for irrigation districts organized or existing under or by virtue of an act entitled "An act to provide for the organ- ization and government of irrigation districts, and to provide for the acquisition or construction thereby of works for the irrigation of the lands embraced within such districts, and also to proide for the distri- bution of water for irrigation purposes," approved March 31, 1897, to enter into agreements with irrigation districts in adjoining states for the joint construction, acquisition, management and control of divert- ing, impounding or distributing works for irrigation or draining the lands wuthiu the boundaries of their respective districts. §2. Contracts. Such agreements may be evidenced by written con- tracts executed on hehalf of their respective boards of directors or trus- tees, or by resolutions entered upon their respective minutes. Such con- tracts or certified copies thereof and certified copies of such resolutions shall be recorded in the office of the county recorder in each county in which is situated any of the lands of said districts or any of the reservoir sites or other real property owned by said districts or acquired under the provisions of this act. §3. Ownership of property. Such agreements may provide for joint or several ovvnesship or ownership iu common of the property, necessary Act 1770a GENERAL LAWS. 954 or convenient for the purposes of this act and may provide for the terms and conditions under which or the respective proportions in which such property shall be held. Any rights or disputes arising out of or from said agreements may be tried before and enforced by any court of com- petent jurisdiction in the state. § 4, Meetings held in adjoining state legal. Any meeting of the board of directors of any such district, held in conjunction with the board of directors of the co-operating district, in such district in the adjoining state, if duly and regularly called as required by law or if regularly adjourned to, shall be as lawful and valid as if held at the office of the board of directors of such district in this state. § 5. Lawful to divert water from state. It shall be lawful, for the purposes of such co-operative action to divert water from this state for impounding in the adjoining state or otherwise for distribution to the lands of the co-operating districts regardless of the state in which such lands are situated or to divert water from such adjoining state for im- pounding or otherwise for distribution to the lands of such co-operating districts in this or the adjoining state. §6. Districts may hold property in adjoining state. So far as may be necessary for fully carrying out the purposes of this act such co- operating district in the adjoining state may hold title to property, in this state and such co-operating district in this state may hold title to property in the adjoining state. TITLE 274. JUVENILE COUET. ACT 1770a. An act to be known as the juvenile court law, and concerning persons under the age of twenty-one years; and in certain cases providing for their care, custody and maintenance; providing for the pro- bationary treatment of such persons, and for the commitment of such persons to the Whittier State School and the Preston School of Industry, the California School for Girls, and other institutions; establishing probation officers and a probation committee to deal with such persons and fixing the salary thereof; providing for the establishment of detention homes for such persons; fixing the method of procedure and treatment or commitment where crimes have been committed by such persons; providing for the punish- ment of those guilty of offenses with reference to such persons, and defining such crimes; and repealing the juvenile court law approved March eighth, nineteen hundred and nine, as amended by an act approved April fifth, nineteen hundred and eleven, and as amended by an act apprfn-od .Tunc sixteenth, uinoteeii hundred and thirteen, and ;ill iiinrndinciils llicrcof .•uui all acts or parts of acts inconsistent hcrcwit li. lApinovcd ,liin.' .",, l!)!.!. Stats. IDl.l, p. 122o.J AiMciidcd l!tl7, j.p. 1(102, 1022. 955 JUVENILE COURT. Act 1770a, §§ 19c-19i The ainondnients of 1917 follow: § 19c. Probation officers in counties of third class. In counties of the third eliiss there shall be one probation ofllcer and ten assistant pro- bation officers. The salaries of said officers shall be as follows: Proba- tion officer, two hundred twenty-five dollars a month; one assistant at a salary of one hundred seventy-five dollars a mouth; one assistant at a salary of one hundred sixty dollars a month; one assistant at a salary of one hundred fifty dollars a month; one assistant at a salary of one hundred thirty-five dollars a month; tliree assistants at a salary of one hundred dollars a month eacli; two assistants at a salary of eighty-five dollars a month each; one assistant at a salary of seventy- five dollars a month; provided, however, that in the event an adult probation department is created in counties of the third class, from and after the creation of such department and the appointment of an adult probation officer or any deputy or assistant or like officer who shall re- lieve the probation officer of the adult probation work, the offices of assistant probation officer at a salary of one hundred seventy-five dol- lars a month and of assistant probation officer at a salary of one hun- dred sixty dollars a month shall cease and determine and be abolished in counties of this class. [Amendment approved May 28, 1917; Stats. 1917, p. 10(12.] § 19e. Sixteenth, etc., classes. In each of the counties of the six- teenth, twenty-second and twenty-third classes there shall be one proba- tion officer, whose salary shall be one hundred fifty dollars per month. In counties of the fifth class there shall be one probation officer at one hundred seventy-five dollars per month, one- assistant jirobation officer, whose salary shall be one hundred fifty dollars per month; one assistant probation officer at a salary of one hundred dollars per month, and one assistant probation officer, who shall be a competent stenographer, at a salary of eighty-five dollars per month. In counties of the twenty-third class there shall be one assistant probation officer, whose salary shall be fifty dollars per month. In counties of the twenty-second class the probation officer shall perform in addition to his duties as probation officer, the duties of the attendance officer for the schools of the county, and investigator for the board of supervisors on application for county and state aid, without any additional compensation except his necessary expenses and such mileage as the board of supervisors shall fix and allow in the performance of his duties. [Amendment approved May 28, 1917; Stats. 1917, p. 1023.] § 191. Ninth, etc., classes. In each of the counties of the ninth, twelfth, thirteenth, fifteenth, seventeenth, eighteenth, nineteenth, twenty-sixth, twenty-seventh, thirty-third and thirty-sixth class, there shall be one probation officer whose salary shall be one hundred dollars per month. In counties of the ninth class there shall be two assistant probation officers, whose salaries shall be as follows: One assistant probation officer, whose salary shall be seventy-five dollars per month and one assistant probation officer whose salary shall be fifty dollars per month. In coun- ties of the twelfth class, there shall be one assistant probation officer whose salary shall be seventy-five dollars per month. In counties of the thirteenth class there shall be one assistant probation officer whose sal- Act 1770a, §§ 19k-19o general laws. yj6 ary shall be twenty-five dollars per month. In counties of the eighteenth class there shall be four assistant probation officers whose salaries shall be twenty-five dollars per month each. In counties of the twenty-third class there shall be one assistant probation officer whose salary shall be fifty dollars per month. In counties of the twenty-sixth class there shall be one assistant probation officer, whose salary shall be sixty dollars per month; provided, that in counties of the twelfth class the probation officer shall, as a part of his duties, and without anj' additional com- pensation, except his necessary expenses, do all necessary work that the board of supervisors of said county may designate or require, in looking after the indigent and poor of said county. [Amendment approved May 28, 1917; Stats. 1917, p. 102,3.] § 19k. Eleventh, etc., classes. In each of the counties of the eleventh, fourteenth and thirtieth class there shall be one probation officer whose salary shall be one hundred twenty-five dollars per month; provided, that in the counties of the eleventh class there shall be an assistant probation officer, whose salary shall be seventy-five dollars per month; and provided, that in counties of the fourteenth class there shall be an assistant probation officer, whose salary shall be fifty dollars per month; and provided, further, that in counties of the thirteenth class the pro- bation officer shall, as a part of his duties, and without any additional compensation, except his necessary expenses, do all necessary work that the board of supervisors of said county may designate or require, in looking after the indigent and poor of said county. [Amendment ap- proved May 28, 1917; Stats. 1917, p. 1024.] §191. Thirty-second class. In each of the counties of the thirty- second class there shall be one probation officer, whose salary shall be seventy-five dollars per month. [Amendment approved May 28, 1917; Stats. "l917, p. 1024.] § 19 11. Twentieth class. In each of the counties of the twentieth class there shall be one probation officer, whose salary shall be one hun- dred dollars per month. [New section added May 28. 1917; Stats. 1917, p. 1024.] § 19m. Thirty-ninth, etc., classes. In each of the counties of the thirty-ninth, fortieth and forty-second classes, there shall be one proba- tion 'officer whose salary shall be fifty dollars per month. [Amendment approved May 28, 1917'; Stats. 1917, p. 1024.] § 19mm. Twenty-first class. In each of the counties of the twenty- first class tlicre shall be one probation officer, whose salary shall be sixty- five dollars per iiionlh. [New section added May 28, 1917; Stats. 1917, p. 1024.] § 19nn. Forty-third class. In eadi of the counties of the forty-third class then- shall be one pr.ihation officer, whose salary shall be fifty dollars per mnnlh. | New section added May 28, 1917; Stats. 1917, p. 1021.] §190 Twenty-fifth class. In counties of the twenty-fifth class there shall be one i.robatioi. officer whose salary shall be one hundred fifty 957 KELP. Act 1782, §§ 1-4 dollars per iiioiitii, ainl ono assistant probation oflic(!r whose salary sliall be seventy-five dollars [ler inoutli. [Anieiidnient approved May 28, 1P17; atats. 1917, p. 102:3.] TITLE 276a. KELP. ACT 1782. An act to regulate the taking and harvesting of kelp and otlier aquatic plants of the state of California by recognizing and declaring their ownership in the state of California and providing for the control thereof by the fish and game commissioners, and providing for a license tax upon all persons, firms or corporations engaged in the in- dustry of taking or harvesting kelp or other aquatic plants, and pro- viding for the collection and disbursement of the revenues derived therefrom, and providing for a privilege tax upon all kelp taken in the waters of this state, and providing for the protection of kelp- beds, and for the manner of taking kelp and other aquatic plants, and providing for hearings by the fish and game commissioners, and providing penalties for the violation of this act. (Approved May 18, 1917. Stats. 1917, p. 646. In effect July 27, 1917.] § 1. Kelp state property. All kelp and other aquatic plants in the waters of the state are hereby declared to be the property of the state of California. § 2. Powers of board of fish and game commissioners. The board of fish and game commissioners of the state of California are hereby em- powered to carry out the provisions of this act, and to make proper rules and regulations for the taking and harvesting of kelp, and the conserva- tion of kelp and aquatic plants, and to see that the laws, rules and regu- lations with reference thereto are strictly enforced, and to issue all licenses herein provided for, and collect the fees therefor, and to collect all moneys due or to become due under this act. § 3. License to harvest kelp. Every person, firm or corporation, de- siring to engage in taking or harvesting kelp or other aquatic plants for profit in the waters of this state must first obtain a license before en- gaging in such occupation. § 4. Term. Fee. Privilege tax. Licenses granting tuo privilege to take or harvest kelp in this state shall be issued and delivered upon application by the state board of fish and game commissioners, who shall prepare suitable licenses, which shall license the holder of such license to take or harvest kelp or other aquatic plants in this state for the term of one year from the date of the issuance of such license. All licenses shall be numbered consecutivelj'^, and shall contain blanks for the name of the licensee, and place of business, which information shall be furnished by the applicant to the board of fish and game commissioners. The license herein provided for shall be issued to such applicant upon payment of ten dollars and before such license is delivered to the applicant said license must be countersigned by the president of the board of fish and Act 1782, §§ 5, 6 GENERAL LAWS. 958 game commissioners, aud in addition to sueh license fee every person, firm or corporation taking or liarvesting kelp shall pay a privilege tax of one and one-half cents per ton of wet kelp taken or harvested. § 5. Record of kelp harvested. Every person, firm or corporation en- gaged in taking or harvesting kelp in the waters of this state shall cause to be weighed, all wet kelp immediately after said kelp shall be delivered to the place of business designated in said license, and the weight thereof shall be entered in a book, or books, to be kept by said person, firm or corporation, said book or books to be open at all times to the inspection of the board of fish and game commissioners, or any of its deputies; every person, firm or corporation engaged in taking or harvesting kelp shall on or before the tenth day after the last day of each month during the term of said license, render a statement of the weight of all wet kelp cut or harvested during the preceding month, and pay to the board of fish aud game commissioners, the privilege tax herein provided for. § 6. Notice of closing kelp-beds. Hearing. Complaint. Answer. Evidence. Witness' fees. Powers of superior court. Failure of wit- nesses to obey subpoenas. Depositions of witnesses. If at any time the taking or harvesting of kelp will tend to destroy or impair any kelp bed or beds or parts thereof, or shall tend to impair or destroy the supply of any food for game fish, said fish and game commission shall cause to be served on every person, firm or corporation, licensed to take or harvest kelp in the waters of this state, a notice in writing that said kelp bed or beds or parts thereof shall be closed to the taking or liarvesting of kelp for a period not to exceed one year. Within ten days after the ser- vice upon any person, firm or corporation licensed to take or harvest kelp under the provisions of this act, of a notice that any kelp-bed or beds or parts thereof are closed to the taking or harvesting of kelp, said person, firm or corporation engaged in taking or harvesting kelp shall on making sueh order, by serving on the board of fish and game commis- sioners a demand to be heard upon the necessity for closing said kelp bed or beds or parts thereof for the taking or harvesting of kelp, and upon such demand for a hearing, said board of fish and game commissioners shall fix a time and place for the taking of evidence upon the necessity of closing said bed or beds or parts thereof, which time shall be not less than ten days nor more than thirty days from the date of such demand for a hearing, and said fish and game commission shall cause notices in writing of said time and place to be served upon the party or parties making a demand for said hearing at least ten days before the day set for the hearing, and if no demand is made for a hearing within the time prescribed herein, said kelp bed or beds or parts thereof shall remain closed to the taking or harvesting of kelp for the time mentioned in said order. Complaint may be made; by the comniission or any of its de|)uties against any person, firm or corporation licensed to cut or harvest kelp in the waters of tliis state for any violation of the laws of this state, or any rules or regulations maile by the })oard of fish and game commission- ers for the taking or harvesting of kelp. 8aid complaints shall be made in writing, sotting forth the j)articular offense charged to have been cornmiltcd l)y said j>erson, firm or corporation, a copy of which shall be 959 KELP. Act 1782, § 6 filed with tlie board of fisli and game commissioners and a copy of the same served upon tlie person, firm or corporation so charged. Said per- son, firm or corporation must appear or file an answer within five days from the date of service of a copy of said complaint, and if default be made, the board of fish and game commissioners shall issue an order re- voking said license for the period hereinafter prescribed in this act, and said board of fish and game commissioners shall fix a time and place for the hearing of said charges, not less than ten days nor ,niore than thirty days from the filing of said charges, and if the parry accused appears and answers, a day may be fixed within the time prescribed in this act to take testimony. The evidence in any investigation, inquiry or hear- ing upon the necessity for closing any kelp bed or beds or parts thereof and the evidence in any hearing upon any charges made against any per- son, firm or corporation for violating any of the laws of the state of Cali- fornia for the preservation of kelp, or of the rules and regulations of the board of fish and game commissioners regulating the taking and harvest- ing and handling of kelp provided for in this section may be taken by any member of the board of fish and game commissioners, or such deputy fish and game commissioner or employee as the board may designate to take such evidence; and each member of the board and any of its depu- ties or employees designated to take evidence at the hearing provided hereby shall have the power to administer oaths, take affidavits and issue subpoenas for the attendance of witnesses at such hearing. Each wit- ness legally subpoenaed attending a hearing shall receive for his attend- ance the same fees and mileage allowed by law to a witness in civil eases, which amount shall be paid by the party at whose request such witness is subpoenaed. The superior court in and for the county or city and county in which any inquiry, investigation, hearing or proceeding may be held under authority of this section, shall have power to compel the attendance of witnesses, the giving of testimony and the production of papers, as required by any subpoena issued under authority of this section. The commission or representative of the commission before whom the testimony is to be given or produced may in the case of refusal of any witness to attend, or testify or produce any papers required by such sub- poena, report to the superior court in and for the county or city and county in which the proceeding is pending by petition setting forth that due notice has been given of the time and place of the attendance of said witness or the production of said papers and that the witness has been summoned in the manner prescribed in this act and that the wit- ness has failed and refused to attend or produce the papers required by the subpoena before the commission or its representatives, in the case or proceeding named in the notice of time and place of hearing and sub- poena, or has refused to answer questions propounded to him in the course of said proceeding, and ask an order of said court to compel the witness to attend and testify or produce said papers before the commission or its representatives. The court upon the petition of the commission or its representatives, shall enter an order directing the witness to appear before the court at any time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there Act 1782, §§ 7-9 GENERAL LAWS. 960 show cause why he has not attended and testified or produeed said papers before the commission or its representative. A copy of said order shall be. served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the commission or its representative the court shall thereupon enter an order that said witness shall appear before the commission or its representatives at the time and place en- tered in said order, and testify or produce the required papers, and upon failiire to obey said order said witness shall be dealt with as for con- tempt of court. The commission or its representatives, or any party designated by the fish and game commission may, in any investigation or hearing before the commission, or its representatives, cause the deposition of witnesses, residing within or without the state, to be taken in the manner prescrib'ed by law for like depositions in civil actions in the superior courts of this state, and to that end may compel the attendance of witnesses and the production of documents and papers. § 7. Revocation of license. If any person, firm or corporation, taking or harvesting kelp from any bed or beds or parts thereof, after service of a notice that said bed or beds or parts thereof are closed to the tak- ing or harvesting of kelp, takes or harvests any kelp between the time of the service of said notice and the decision of the board of fish and game commissioners upon the hearing for the necessity for closing said kelp bed or beds or parts thereof, his license may be revoked for a period not to exceed one year. , § 8. Revocation of license. If any person, firm or corporation, licensed to take or harvest kelp in the waters of this state shall violate any of the laws of the state of California, regulatiug the taking and harvesting of kelp, or any rule or regulation of the board of fish and game commis- sioners regarding the taking or harvesting of kelp, said board of fish and game commissioners may, after a hearing, as provided herein, revoke said license and withhold the issuance of a new license to any such person, firm or corporation for a period not to exceed one year thereafter. §9. Penalty. Fines paid in part to "state university fund." Every person, firm or corporation, wlio takes or harvests kelp or other aquatic plants for profit in this state, without first obtaining a license therefor, is guilty of a misdemeanor and upon conviction shall me punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail, in the county in which conviction shall be had for not less than fifty days nor more tlian one liuudved an1 LABOR STATISTICS. Act 1828, §§ ij, lU § 10. License not recLuired, when. The fish and game commission of this state shall have the power, subject to such rules and regulations as it may deem proper, to grant permits to any department of the United States government or to any scientific or any educational institution to take or harvest kelp at any and all times for scientific or experimental IHirposes without the payment of the kelp license or privilege tax herein provided. § 11. Repealed. All acts and parts of acts in conflict herewith are hereby repealed. TITLE 284. LABOR STATISTICS. ACT 1828. An act to establish and support a bureau of labor statistics. • [Approved March 3, 188.3. Stats. 1883, p. 27.] Amended 1889, p. 6; 1901, p. 12; 1907, p. 306; 1909, p. 36; 191^ pp. 39, 1205; 1915, pp. 925, 9;28; 1917, p. 328. The amendment of 1917 follows: § 9. Assistants of labor commissioner. Offices. The commissioner shall appoint two deputies who shall have the same power as said com- missioner; an assistant deputy who shall reside in the county of Los Angeles; a statistician and chief examiner; a stenographer; and such agents or assistants as he may from time to time require, at such rate of wages as he may prescribe, and actual traveling expenses for each person while employed. He shall procure rooms necessary for offices in San Francisco, Los Angeles, Sacramento, San Diogo, and in such other places as he may deem necessar}', at a rent not to exceed the sum of four hundred dollars per month. [Amendment approved IS^ay 10, 1917; Stats. 1917, p. 328. J § 10. Salaries. Traveling expenses. The salary of the commissioner shall be four thousand dollars per annum; the salary of each deputy com- missioner shall be two thousand four hundred dollars per annum; the salary of the assistant deputy shall be two thousand one hundred dollars per annum; the salary of the statistician and chief examiner shall be, two thousand seven hundred dollars per annum; the salary of the stenog- rapher shall be one thousand two hundred dollars per annum; to be audited by the controller and paid by the state treasurer in the same nianner as other state officers. There shall also be allowed a sum not to exceed forty thousand dollars per annum for salaries of agents or assistants, for traveling expenses, and for other contingent expenses of the bureau. [Amendment approved May 10, 1917; Stats. 1917, p. 328.] The amending act also contained the following provisions: §3. Repealed. All the provisions of said act in conflict with the provisions of this act are hereby repealed. 61 Act 1901, § § 1-3 GENERAL LxVWS. 962 TITLE 298. LEGISLATION. ACT 1901. An act to establish a legislative counsel bureau and making an appropria- tion therefor. [Approved May 26, 1913. Stats. 1913, p. 626.] Amended 1915, p. 49; 1917, p. 1398. The amendment of 1917 follows: § 1. Legislative counsel bureau created. A bureau is hereby created to be known as the legislative counsel bureau, which shall be in charge of a chief, who shall be a civil executive officer and who shall be known as the legislative counsel of California and who shall be appointed by the governor and who shall hold during the pleasure of the governor. The legislative counsel shall be chosen without reference to partj^ affiilia- tions and solely on the ground of fitness to perform the duties of his office. [Amendment approved May 31, 1917; Stats. 1917, p. 1398.] § 2. Duty of legislative counsel. It shall be the duty of the legis- lative counsel to prepare and assist in the preparation, amendment and consideration of legislative bills when requested or upon suggestion as herein provided. Upon request he shall advise any state officer, commis- sioner or bureau as to the preparation of bills to be submitted to the legislature; and when requested so to do, he shall advise as to their work with any legislative committee appointed to carry on investigations be- tween sessions of the legislature. He shall advise the legislature from time to time as to needed revision of the statutes. He shall present to each session of the legislature a statement calling attention to laws which have been repealed by implication or which have been declared uncon- stitutional by the courts but which have not been expressly repealed. It shall also be the duty of the legislative counsel, whenever in his judg- ment there is reasonable probability that an initiative measure will be submitted to the voters of the state of California under the laws of the state relating to the submission of measures by initiative, to co-operate with the proponents of said measure in the preparation of said law w^hen requested in writing so to do by twenty-five or more electors proposing such a measure. [Amendment approved May 31, 1917; Stats. 1917, p. 1398.] § 3. Preparation of legislative bills. Not to urge legislation. The legislative counsel shall prepare or assist in the preparation or amend- ment of legislative bills at the suggestion, in writing and as herein set forth, of the governor of the state, or of any judge of the supreme court or of the district courts of appeal or of the superior courts of the state, or of any committee of the senate or assembly of the legislature of the state. All such suggestions shall set forth the substance of the provi- sions desired or which may be needed with the reasons therefor. Such suggestion by a judge of the supreme court shall be filed with the clerk of that court. Such suggestion by a judge of a district court of ap[>eal shall be filed with the clerk of that court. Such suggestion by a judge of a superior court shall be filed with the clerk of the district court of 963 LKGISLATION. Act 1901, § § 4, 5 appeal of the district within whicli such superior court is located. When such suggestion is so filed with the clerk of the supreme court or of a district court of appeal, that clerk shall make and send to the ptermanent office of said bureau a certified copy of such suggestion, and all other suggestions shall be filed at said office, and all such papers so received at such office shall be there permanently filed and recorded and copies fur- nished to the legislative counsel. The legislative counsel shall prepare a bill in accordance with such suggestion and shall transmit it to the chairman of the judiciary committee of each house at the next succeed- ing session of the^ legislature. From the time the legislature of the state convenes until it is ad- journed finally, the legislative counsel shall give such consideration to and service concerning any bill before the legislature, as circumstances will permit, and which is in any way requested by the governor of the state or the senate or the assembly or any committee of the legislature having such bills before it for consideration, and after such adjournment the legislative counsel shall still remain so subject to such request by the governor of the state as to any bill still in his hands for rejection or approval or other action. Neither the legislative counsel nor any em- ployee of the bureau shall oppose or urge legislation; but the bureau shall, upon request, and so far as may te in its power, aid and assist any member of the legislature as to bills, resoliitions and measures, draft- ing the same into proper form and furnishing to them the fullest informa- tion upon all matters in the scope of the bureau. Neither the legislative counsel nor any other employee of the bureau shall reveal to any person outside thereof the contents or nature of any matter which has not be- come a public record, except with the consent of the i^erson bringing such matter before the bureau. [Amendment approved May 31, 1917; Stats. 1917, p. 1399.] § 4. Office in capitol. Temporary offices. The legislative counsel shall be in attendance upon all sessions of the legislature and his permanent office shall be in the state capitol in Sacramento, where he shall be pro- vided with suitable and sufficient offices convenient to the chambers of the two houses of the legislature. For the convenience of members of the legislature, however, and when in his judgment the conduct of his work requires, he may maintain temporary offices at other places iri the state of California. [Amendment approved May 31, 1917; Stats. 1917, p. 1400.] § 5. Salaries. The salary of the legislative counsel shall be four thou- sand dollars per annum and shall be payable in equal monthly' install- ments. The legislative counsel shall have authority to employ and to fix the compensation of such professional assistants and such clerical and other employees as he may deem to be necessary for the effective conduct of the work under his charge. The salary of the legislative counsel and of every other employee of the bureau shall be paid in the same way as the salaries of other state officers are paid. The legislative counsel shall be repaid all actual expenses incurred or paid by him in carrying out the provisions of this act. [Amendment approved May 31, 1917; Stats. 1917, p. 1400.] Act 1913, § 8 GENERAL LAWS. 964 § 6. Material available to bureau. The material (including books and other publications) of the state library shall be made available to said bureau, land all the officers of the state, the University of California, and all departments, commissions and bureaus and othe^• official state organ- izations, and all persons connected therewith, shall give the legislative counsel ready access to their records and full information and reason- able assistance in any matters of research requiring recourse to them or to data within their knowledge or control. The bureau may co-operate with any of the educational institutions of the state in any manner approved by the legislative counsel and such institutions. [Amendment approved May 31, 1917; Stats. 1917, p. 1400.] § 9. Unexpended balance available. The unexpended balance of the moneys heretofore appropriate^ for the support and salaries of the legis- lative counsel bureau by an act entitled "An act making appropriations for the support of the government of the state of California for the sixty-seventh and sixty-eighth fiscal years," approved May 19, 1915, is hereby made available to carry out the provisions of this act. [Amend- ment approved May 31, 1917; Stats. 1917, p. 1401.] TITLE 300. LEVEE DISTKICTS. ACT 1913. An act to provide for the formation of levee districts in the various counties of this state, and to provide for the erection of levees, dikes and other works for the purpose of protecting the lands within such districts from overflow and to levy assessments to erect and construct and maintain svich levees, dikes and other works and to pay the necessary costs and expenses of maintaining said districts. [Approved March 20, 1905. Stats. 1905, p. 327.] Amended 1907, p. 333; 1911, p. 1212; 1917, p. 824. The amendments of 1917 follows: § 8. Board of trustees must keep office. Powers of trustees. Yearly estimate of costs. Report to board of supervisors. The board of trustees must keep an office in or near the district for the transaction of the business thereof, and the books, maps, papers, records, contracts and other documents pertaining to the affairs of the district must be open for inspection to any person interested at all times. From and after the election and qualification of said trustee said district shall be deemed organized and shall have power to sue or be sued. The board of trus- tees shall have power to elect one of its members president thereof, to employ engineers and others, to survey, plan, locate and estimate the cost of the works and improvements necessary, in the way of erection or repair of levees, dikes iind other works for the benefit of said district; to thereafter and at any time in its discretion modify or change said original plan or plans or to adopt any new supplemental or additional plan or j)lan.s, when in its judgment the same shall become necessary'; to acquire by [inrchase, coiideiiinal ion or otlierwise, rights of way, and the right to 1;ikc in:if<'ri;il for IIh; coiistniclinu of all works necessary for 1)65 LEVEE DISTRICTS. Act 1922, § 1 the accomplishment of the objects of the district iiichuliiig drains, levees and embankments, and to construct, maintain and keep in repair all works, requisite and necessary to that end; and to do all other acts and things necessary or required for the protection of the lands in said dis- trict from the overflow of any river, stream, streams or watercourse, and to employ the service of any person legal or otherwise which in the judg- ment of said board of trustees may be necessary to the welfare of the district. The said board of trustees shall each year estimate the total cost for all purposes of ei'ecting, constructing or repairing levees, dikes or other works, and doing the necessary things for the protection of the lands and jiropertj^ within said district from the overflow of any river, stream, streams or watercourse, and maintain the same for one year, including all damages awarded to any person by reason of the erection or construction of any of said levees, dikes or other works for protec- tion, and shall thereupon make a report of the foregoing matters to the board of supervisors in which said district is situated, showing the amount of money required by said district for all purposes for one year thereafter. Said estimate of moneys necessary for said district for each year, and said report shall be made to said board of supervisors by said board of trustees on or before the first day of September of each year after the formation of said district and said estimate made as aforesaid and report to said board of supervisors by said board of trustees as hereinbefore set out, shall in each instance form the basis of the esti- mates of the board of supervisors for the amount of money required to be raised by assessment on the lands and personal property within such district for such year. [Amendment approved May 22, 1917; Stats. 1917, p. 824.] ACT 1922. An act authorizing levee districts of the state to incur a bonded indebted- ness for the purpose of building, constructing, or repairing levees of the district; or for excavating and constructing ditches or canals of such districts; or for the purpose of acquiring rights of way for any such levees, ditches, or canals; or for any and all of said pur- poses.] [Approved March 8, 1911. Stats. 1911, p. .303.] Amended 1915, p. 914; 1917, p. 809. The amendments of 1917 follow: § 1. Levee district may issue bonds. Report of engineer. Any levee district formed or organized by or under the laws of iJalifornia, may incur a bonded indebtedness for the purpose of building, constructing, or repairing the levee or levees of such district; or in excavating or con- structing any ditches or canals in such district, or other protective works; or to purchase and acquire any levee or levees, ditches or canals, or other reclamation works already constructed or in process of eoustrne- tion; or for the purpose of acquiring rights of way for any such levee, or ditches, pipe-lines or canals; or for building, repairing and constructing any and all kinds of work in water and river channels, wherever situate, as ancillary to land and levoe protection, including the straightening Act 1922, § 2 GENERAL LAWS. 966 of river channels, or diverting waters from the dikes and levees them- selves, or the lands they are protecting, and in general for doing any and all work of every character and description for the purpose of secur- ing, protecting, guarding and preserving the lands protected, and the dikes, levees, ditches, excavations or other protective works; or for any and all of said purposes, or for any one or more of said purposes. Whenever it shall become necessary in the opinion of the board of trustees of any such levee district to build, construct, or repair any levee for the protection of the lands of the district from overflow; or to exca- vate or construct any ditches or canals, or to purchase or acquire any levee or levee system or parts thereof then constructed or in process of construction; or for acquiring rights of way for either of such purposes of building, constructing, or repairing the levee or levees of sucli dis- trict; or in excavating or constructing any ditches or canals in such dis- trict, or other protective works, or to purchase and acquire any levee or levees, ditches, or canals or other reclamation works already constructed or in process of construction; or for the purpose of acquiring rights of way for any such levee, or ditches, pipe-lines, or canals; or for building, repairing any and all kinds of work in water and river channels, wher- ever situate, as ancillary to land and levee protection, including the straightening of river channels, or diverting waters from the dikes and levees themselves, or the lands they are protecting, or in general for doing any and all work of every character and description for the pur- pose of securing, protecting, guarding and preserving the lands pro- tected, and the dikes, levees, ditches, excavations or other protective works, or for any and all of said purposes, or for any one or more of said purposes, the trustees of such levee district shall, by resolution, employ some civil engineer, and direct him to make a report in writing to said board of trustees, containing his recommendations as to the best method of doing said work. Said report shall show: 1. A description of the work to be done, including all ancillary "work. 2. The plans, profiles, cross-sections and specifications of tlie work required. 3. A general description of the lands required for rights of way for the work, if any such are required. 4. An estimate of the expenses of such work, including an estimate of the cost of requiring rights of way for such work, should such rights of way be required. 5. An estimate of the cost or value of any levee or levees, ditches or canals already constructed or in process of construction, or advisable or proposed to be acquired as part of the proposed system, including all work necessary 'to be done for the protection of said main works and ancillary thereto, and including moreover the amount necessary for the maintenance of the work ])roposed to be done for tbe first year. 6. An estimate of all incidental expenses likely to be incurred in con- nection with the work, such as clerical, engineering, inspection, printing and advertising. | Amendment approved May 22, 1917; Stats. 1917, p. 809.1 §2. Adoption of report. After the report of the engineer provided for in the next preceding section lias been filed with the board of trus- 967 LEVEE DISTRICTS. Act 1922, §§ 3, 5 tees of such levee district, said board shall consider the same and shall have power, by resolution, to adopt the same as filed by said engineer, or to modify or change the same, and to adopt the same as so modified or changed, and said report shall be adopted as originally presented if not modified or changed, but if modified or changed it shall be adopted as so modified or changed. [Amendment approved May 22, 1917; Stat. 1917, p. 811.] § 3. Notice of adoption. Publication. Within ten days after the adoption of the report as jjrovided in section two of this act, the board of trustees of such levee district shall give notice thereof as hei-einafter provided. Such notice shall specify a day and hour when and a place where any and all persons may appear before said board and show cause, if any they have, why said work provided for in said report should not be carried out in accordance therewith, said time to be not less than twenty nor more than forty-five days from the adoption of said report. Said notice shall briefly outline the proposed work, and shall refer to the said report on file with said board for a particular description of the work to be done. Such notice shall be given by conspicuously posting in three of the most public places within said district, and publishing in some newspaper printed and published in the county where said dis- trict is situated, or if said district is situated in more than one county then by posting in three of the most public places in that portion of the district, situated in each county and by publishing in a newspaper printed and published in each of the counties wherein any portion of said district is situated, for a period of three weeks prior to the day of hear- ing. Said publication shall be made once a week for three consecutive weeks in a newspaper of general circulation published in the county where said district is situated. If said district comprises land situated in more than one county, then once a week for three consecutive weeks in a newspaper of general circulation in each of the counties where said lands arQ situated. It shall not be necessary that publication shall be made on the same day of the week in each of the three weeks, but not less than sixteen days, including the day of the first publication, shall intervene between the first publication and the last publication, and publication shall be complete on the date of the last publication. I Amendment approved May 22, 1917; Stats. 1917. p. 811.] §5. Board may confirm resolution. Report of engineer. The board of trustee shall have power to set aside, modify, or confirm the resolu- tion provided for in section two of this act; in case the board shall de- cide that it will be for the best interests of the district to proceed with the work, it shall, by resolution, so declare; and in case the said original plan of the work shall have been modified or changed, the board shall direct the engineer of the district to estimate the cost of the work in accordance with the plan so modified or change'd, and to report the same to the board. The engineer of the district shall thereupon, in case such original plan shall have been changed or modified, make a report to the board in accordance with the modifications or changes adopted by it, and such report must show: 1. A description of the work to be done as changed or modified by the board, including all ancillary work. Act 1922, § 7 GENERAL LAWS. 968 2. The plans, profiles, cross-sections and specifications of the work as so changed or modified by the board. 3. A general description of the lauds required for rights of way for the work, if any such are required. 4. An estimate of the expense of such work in accordance with the plan so modified or changed by the board, including an estimate of the cost of acquiring rights of way for such work, if any such rights are acquired. 5. An estimate of the cost or value of any levee or levees, ditches or canals already constructed or in process of construction, proposed to be acquired as part of the proposed system. 6. An estimate of all incidental expenses likely to be incurred in con- nection with the work as planned, such as clerical, engineering, inspec- tion, printing and advertising, including all work necessary to be done for the protection of said main works, and ancillary thereto, and includ- ing furthermore the amount necessary for the maintenance of the work proposed to be done, for the first year. [Amendment approved May 22, 1917; Stats. 1917, p. 812.] § 7. Bonds for levee districts. Order for election. Conduct of elec- tion. Contests. Duty of supervisors. Form of bond. Form of interest coupon. Whenever in the judgment and opinion of the board of trustees in said district it would be for the best interests of said district, or the land owners therein, to issue bonds for the purpose of obtaining money to pay the cost of construction of said levee or levees, ditches or canals, or other protective works, or to purchase in whole or in part any system of levee, or levees, ditches or canals already constructed or in process of construction, or for any of the purj^oses set forth in section one of this act, or when a petition requesting them so to do, signed by the owners of more than one-half of the land of the district, is filed with the secre- tary of the board, the board of trustees of such district shall, by order entered upon the records of said board, order a special election to be held for the purpose of submitting the question of the issuance X)i bonds to the taxpayers of said district. Said order shall specify the aniount of bonds it is proposed to issue which, in any case, shall not exceed the entire estimate of the expense of the work as planned, shall specify the rate of interest to be paid, not exceeding seven per cent, and the number of years, not exceeding forty, the whole or any part of said bonds are to run, and shall name a time and place for the holding of such election, which place shall be at some convenient place in the district. In the case of joint levee districts the said order shall specify a polling place within the district in each county, in which a portion of the district lies. The board shall also appoint one inspector, two judges and one clerk to conduct said election at each and every polling place designated, all of whom must be electors and taxpayers of said district. JVotice of such clei'tioii shall be given by publication, in a newspaper printed and pub- li.slied in tiie county in which said district or some part thereof is situ- ated once a week for at least three weeks prior to sucli election. If saiil district is situated in nu)re tiian one county, then puldicalion shall he niae thereof to the board of trus- tees of the district, and shall also deliver to the clerk of the said board of supervisors all ballots cast at such election, and all documents and papers used at such election. Any person owning land situated in said district maj^ contest said election within twenty days after the result thereof has been declared by the board of supervisors, by filing a complaint in the superior court of the county where said land is situated, and if no contest shall be commenced within said time the declaration of the result by the board of supervisors shall be final and conclusive. The returns of such election shall be canvassed and the result declared by the board of supervisors of the county to whom such returns of elec- tion are made, at a special meeting called for that purpose or at the next regular meeting of such board after such election. No ballot shall be rejected because of any distinguishing marks made thereon. If a majority of the voters of the district voting at such election shall vote in favor of the issuance of bonds, the board of supervisors shall be, and it is, authorized and directed to issue bonds of said district to the num- ber and amount provided in such proceedings, payable out of the bond fund of such district, naming the same, and provide rhat the money shall Act 1922, § 7 GENERAL LiiWS. 970 be raised by taxation uijon the taxable property in said district for the redemption of said bonds and the payment of interest thereon, provided that the total amount of bonds so issued shall not exceed the entire estimate of the expense of the work as planned or determined by section one, together with the expense of the maintenance of said works for one year after their completion. The board of supervisors to whom said returns of election are made, by an order upon its minutes shall prescribe the form of said bond and the interest coupons attached thereto, and provide whether the same shall be paid in lawful money of the United States or in gold coin, 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 bonds shall be issued in sums of not less than one hun- dred dollars nor more than one thousand dollars each, and shall not have more than forty years to run, and shall bear interest at a rate not ex- ceeding seven per cent per annum, payable semi-annually, and said bonds shall be substantially in the following form: STATE OF CALIFORNIA. No. $ • Bond of Levee District. In the county (or counties) of state of California. district, of the county of (or counties of) — — , state of Cali- fornia, for value received, hereby acknowledges itself indebted and promises to pay to the holder of this bond on the first day of , 19 — , at the office of the treasurer of the county of in the city of — — , state of California, the sum of dollars in gold coin (or lawful money) of the United States, with interest at the rate of per cent ( — (fc) per annum, payable semi-annually upon the first day of and the first day of of each and every year from and after the date hereof, at the office of the treasurer aforesaid, on presentation and sur- render of the interest coupons hereto attached, until this bond is fully paid. This bond is issued by the board of supervisors of the said county of in conformity with the resolution of said board dated the day of 19 — , and under the authority conferred upon the said board by fhe jn-ovisions of the act of the legislature of the state of California, entitled "An act authorizing levee districts of the state to incur a bonded indebtedness for the purpose of building, constructing and repairing levees of the district, or for excavating and constructing ditches or canals of such district, etc. (Here will be inserted in tlic final draft tlie coriect designation of the act approved March 8, 1911, together with acts amendatory thereof.) It is hereby declared that said levee district is a levee district duly created, organized, established and incorporated in strict conform- ity to the laws of the state of California relating thereto. It is furthermore declared that a majority of the qualified electors of said levee district voting at a special election held tlierein on the day of 19 — , which said election was held to determine whether 971 LEVEE DISTRICTS. Act 1922, § § 8, 8a bonds of said levee district, in the amount of $ should be issued and sold for the purpose of raising money for the purposes prescribed in said act, voted in favor thereof. It is hereby further declared that said election was duly called, duly held and duly conducted and the notices thereof duly given, and the result thereof canvassed and declared in accordance with the provisions of the act above mentioned, and that all other proceedings of the board of supervisors of such levee district, and of the board of super- visors of said county, in the matter of the issuance of this bond, were regvilar and in strict accordance with the provisions of the said act above mentioned, and the constitution of the state of California; and that the total bonded indebtedness of said district authorized at said election does not exceed the entire estimate of the expense of the work planned and the cost of the maintenance of said work for one year after the date of their completion. This bond is in the form prescribed by the order of said board of super- visors, duly made and entered in its minutes on the day of , 19 — , and in substantial conformity to the form prescribed by said act, and this bond shall be payable out of the bond fund of said levee district, and the money for the redemption of said bond, and the ipay- ment of the interest thereon, shall be raised by taxation upon the taxable property of said district. In witness whereof the said board of supervisors has caused this bond to be signed by its chairman and by the auditor of said county, with its seal of office attached this day of , 19 — . Chairman of the board of supervisors of the county of . Attest: . Auditor of county. The interest coupon shall be in the following form: On the day of , 19 — , the treasurer of the county* of — ^ — , state of California, will pay to the holder hereof out of the bond fund of the levee school district of said county, at his office in the city of. in said county, the sum of .$ for interest on bond of said district. No. . §8. Bonds to be numbered and signed. Bonds issued under this act shall be numbered consecutively, signed by the chairman of the board of supervisors and attested by the county auditor, who shall affix thereto his official seal. The coupons shall be numbered consecutively and signed by the treasurer by original, or engraved, or lithographed facsimile sig- nature, and the bonds and coupons shall be payable at the office of the county treasurer. In case any officer whose signature or attestation or countersignature appears on any bonds or coupons thereof issued under the provisions of this act shall cease to be such officer before the sale or delivery of said bonds to the purchaser thereof, such signature, counter- signature or attestation appearing either on the bonds or the coupons or on both shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the sale or delivery of such bonds. [Amendment approved May 22, 1917; Stats. 1917, p. 812.] § 8a. Sale of bonds. Said bonds must be sold in the manner pre- scribed by the board of supervisors, but for not less than par. The Act 1922, §§ 8b, 8c general laws. 972 board of supervisors may sell all the bonds of said issue at one time, or may sell less than the whole, to wit, any part thereof, at one time, and from time to time. In the event the whole, or any part of said issue of bonds, may be offered for sale at one time, the board of super- visors may sell either the whole or any lesser number of the bonds so offered for sale. All moneys realized from the sale of said bonds shall be placed on deposit with the county treasurer to the credit of the bond fund of said district, and shall not be expended for any purpose other than tliat for which said bonded indebtedness was incurred as specified in section one of this act. [New section added May 22, 1917; Stats. 1917, p. 816.] § 8b. Action to have bonds declared valid. Siunmons. Treasurer's record. As soon as said bonds shrill have been delivered to said county treasurer, the board of trustees, or any holder of title, or evidence of title, including possessory rights, to lands contained in the district, may, in order to determine that said bonds are a legal obligation of the dis- trict, institute a proceeding therefor in the superior court of the county in which the district was organized by filing with the clerk of said county a complaint setting forth that on a date therein named bonds of said district were delivered to the said treasurer, stating the amount of such bonds, and praying that such bonds be adjudged to be a valid legal obligation of such district. The summons in such proceeding shall be served by publishing a copy thereof once a week for four weeks in some newspaper of general circulation published in each county in which any of the lands contained in said district are located. Within thirty days after the last publication thereof shall have been completed and proof thereof filed with the court, any person interested may appear and answer said complaint, in which case said answer shall set forth the facts relied upon to show the invalidity of said bonds. If no answer shall be filed mthin said time, the court must render judgment as prayed for in the complaint. If an answer be filed the court shall proceed as in other civil cases. Said proceeding is hereby declared to be a proceed- ing in rem and the judgment rendered therein shall be conclusive against all persons whomsoever and against the state of California. In the event said district comprises lands situated in more than one county, such action shall be brought in the superior court of the county in which the larger portion of the district is situated. The trrjasurer of the county shall keep a record of all bonds by num- ber, date of sale, amount, date of maturity, and the name and postoffice address of the purchaser when known, which record shall be open at all times for public inspection. [Now section added May 22, 1917; Stats. 1917, p. 817.] § 8c, Bonds exempt from taxation. Bonds legal investment. Any bonds issued by any levee district under tlie provisions of this act are hereby given the same force, value and use as bonds issued by any muni- cipality anil shall be exempt from all taxation within the state of Cali- fornia. The bonds of levee districts issued pursuant lo tliis act may 1)0 la.w- fully ])urciiased or received in jiledge for loans by banks, trust com- panies, guardians, executors, administrators, and special administrators, 973 LEVEE DIISTRICTS. Act 1922, § 9 or by any public officer or oflicers of this state, or of any county, city, or city aud county, or other municipal or corporate body within the state, having or holding bouds [funds] which they are allowed by law to invest or loan. [New section added May 22, 1917; Stats. 1917, p. 817.] § 9. Tax to pay interest and principal. Levy and collection. Lien on property. Levy and collection of tax when land situated in more than one county. In addition to any other estimate which the board of trus- tees may be required by law to make and to submit to the board of su- l)ervisors of the county in which said district is situated, the board of trustees, on or before the first day of September of each year, shall cer- tify to the board of supervisors, if said district is situated in one county, but if it comprises lands situated in more than one county, then the re- spective boards of supervisors of each county within which lands of said district are situated, the amount of interest upon all outstanding bonds to grow due within the said year, and the amount of moneys necessary to redeem any or all outstanding bouds that may grow due in said year. At the time when by law it is the duty of the board of supervisors of said county to fix the annual tax rate of such county, said board of supervisors must levy a tax upon the taxable property situated in such levee district, 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 as is to become due dur- ing such year, and such proportion of the principal that at the end of ten years the sum raised from such levies shall equal at least twenty- five per cent of the amount of bonds issued, at the end of twenty years at least fifty per cent of the amount, and at and before the date of the maturity of the bonds shall be equal to the w^hole amount of the prin- cipal, and the money arising from such levies shall be known as the bond fund, and shall be used for the payment of bonds aud interest coupons and for no other purpose whatever; and the county treasurer shall open and keep in his book a separate and special account which, at all times, shall show the exact condition of such bond fund. Such tax shall be levied on all property in the territory comprising the district, and shall be collected at the same time and in the same manner and form as county taxes are collected, and when collected shall be held by the treasurer for the credit of said district, to be paid by orders of such treasurer issued under the authority of and signed by the president of the board of trustees of said district. Such taxes shall be a lien on all the property within the territory comprising the district, and of the same force and effect as other liens for taxes, and its collection shall be enforced by the same means and in the same manner as provided for in the enforcement of liens for county taxes. In the event the said district comprises land situated in more than one county, then said estimate shall be furnished to the board of super- visors of each of the counties within which said lands of said district are situated. In such case at the time when by law it is the duty of the board of supervisors of said respective counties to fix the annual tax rate of each county, it shall be the duty of the board of supervisors of each of said counties respectively to levy a tax upon the taxable property in such levee district as may be situated in said county for the interest and redemption of said bonds, and such tax must not be less in Act 1922, § 10 GENERAL LAWS. 974 the aggregate than sufficient to pay the interest on said bonds for that year and such portion of the principal as is to become due during such year, and such portion of the principal that at the end of ten years the sum raised from such levies shall equal at least twenty-five per cent of the amount of bonds issued, at the end of twenty years at least fifty per cent of the amount, and at and before the date of maturity of the bonds shall be equal to the whole amount of the principal, and the money aris- ing from such levies shall be known as the bond fund and shall be used for the payment of bonds and interest coupons and for no other purpose whatever. The county treasurer of each county shall open and keep in his book a separate and special account which shall at all times show the exact condition of such bond fund. Such tax shall be levied on all prop- erty in the territory comprising the district situated in said county, and shall be collected at the same time and in the same manner and form as county taxes are collected, and when collected shall be held by the treasurer of each of said counties. Upon the first days of January, April, July and October of each year succeeding the date of issuance of said bonds, the county treasurer of each county, other than the countj^ wherein the larger portion of the lands of said district is situated, shall transmit to the county treasurer of the county in which the larger por- tion of the lands of said district is situated all sums then in his posses- sion in said bond fund, and the county treasurer of the county in which the larger portion of the lauds of said district is situated- shall issue his receipt therefor. Such taxes shall be a lien upon all the property within the territory comprising the district, and of the same force and effect as other liens for taxes, and the collection of said taxes shall be enforced by the same means and in the same manner as provided by law for the enforcement of liens for county taxes. [Amendment approved May 22, 1917; Stats. 1917, p. 818.] § 10. Redemption of bonds. Whenever there shall be in the bond fund of such district a surplus of one thousand dollars of more, oyer and above the interest maturing before the next levy, the treasurer shall give notice for two weeks in one or more newspapers of general circulation, printed and published in the county in which such district is situated, stating the amount of such surplus, and that on the day and hour named in such notice, sealed proposals will be received at his office for the sur- render of bonds of the district, and shall at the time and place named open the proposals and accept the lowest bid; provided, that no bid shall be accepted for an amount exceeding the par value of such bonds with accrued interest; if bids are not offered at par, or less, sufficient to ex- haust the amount on hand applicable to redemption, the treasurer shall publish for the same time and in the same manner a notice that he will redeem a bond or bonds of said district, giving the number or numbers thereof, and that if not presented for redemption within thirty days after the date of the first publication of such notice, the interest thereon will cease, and the amount due thereon will be set aside for the payment of such bond or bonds whenever presented. If any such bond be not so presented, interest thereon shall cease, and the amount due thereon shall be set aside as specified in said notice. All redemption of bonds other than those voluntarily surrendered siiall be nindc in Die exact order of 975 LEVEE DISTRICTS. Act 1923, § 3 their numbering, beginning with the lowest or first number. [AmciHt- ment approved May 22, 1917; Stats. 1917, p. 819.] § 11. Act full authority for issuance and sale of bonds. Levee district fund. This act shall without reference to any other act of the legislature of the state of California be full authority for the issuance and sale of the bonds in this act authorized, which bonds shall have all the qualities of negotiable paper under the law merchant, and when executed by the officials as provided in this act in conformity with the provisions of this act, and when sold in the manner prescribed therein and the considera- tion therefor received by the county treasurer for the benefit of said dis- trict, shall not be invalid for any irregularity or defect in the proceed- ings for the issuance and sale thereof, and shall be incontestible in the hands of bona fide purchasers or holders thereof for value. The moneys obtained from the sale of such bonds shall be by the county treasurer placed in a fund to be called the " levee district fund," and all pay- ments of any of the expenses of the work or improvements for which said bonded indebtedness was incurred shall be paid out upon warrants drawn by the board of trustees of said levee district. [New section added May 22, 1917; Stats. 1917, p. 820.] ACT 1923. An act to create a levee district to be called and designated Sacramento Eiver west side levee district; to prevent the overflow of flood waters from the Sacramento River from flooding on to the lands within said district by the construction of levees along the west bank of the Sacramento River and adjacent thereto and maintain the same; pro- viding for the election and appointment of officers of said levee dis- trict; defining the powers, duties and compensation of such officers; and providing for levying and collecting assessments upon the lands within said levee district. [Approved May 18, 1915. Stats. 1915, p. 516.] Amended 1917; Stats. 1917, p. 1211. The amendment of 1917 follows: § 3. Election. Manner of conducting. Conunissioner takes office when. An election shall be held within forty days after the date upon which this act shall take effect, and on the last Monday of October of every fourth calendar year thereafter, at which election said commis- sioners shall be elected. Said first election shall be called by the recla- mation board created by that certain act of the legislature of the state of California, entitled: "An act approving the report of the California debris commission transmitted to the speaker of the house of repre- sentatives by the secretary of war on June 27, 1911, directing the approval of plans of reclamation along the Sacramento River or its tribu- taries or upon the swamp-lands adjacent to said river, directing the state engineer to procure data and make surveys and examinations for the purpose of perfecting the plans contained in said report of the Cali- fornia debris commission and to make report thereof, making an appro- priation to pay the expenses of such examinations and surveys, and creating a reclamation board and defining its powers," approved Decem- Act 1923, § 3 GENERAL LAWS. 976 ber 24, 1911, or such board as may by law be made its successor. Said reclamation board shall also designate the voting place for said first elec- tion and for all succeeding elections. Notice of the time and place of holding all elections shall be given by said reclamation board by publi- cation once a week for two weeks next preceding such election, in some new^sjiaper published in Colusa county and also in some newspaper pub- lished in Yolo county. In the first election the reclamation board shall, prior to the election, procure from the assessors of said counties of Yolo and Colusa, respectively, a list certified by such assessors, respectively, containing a description of all the lands of the district situated in such counties, the name of the person to whom each tract is assessed and the acreage thereof as it appears from the last prior assessment-roll of said counties, which said list shall be furnished to and be used by the board of election hereinafter described in determining the number of votes each voter is entitled to cast. In all elections said reclamation board shall appoint an inspector and two judges of election, who shall consti- tute a board of election for such voting place. At the first election of commissioners each owner of land within said levee district as above defined, shall be entitled to cast one vote, in person or by proxy, for each commissioner to be elected therein for each acre of land or fraction thereof owned by such land owner within said district, such acreage to be determined by the aforesaid assessment-roll of the county in which the same is situated. In case of town lots, or where the acreage is not stated, the board of election officers shall determine the amount of acre- age therein. The estates of minors, incompetents, deceased persons and beneficiaries under a trust shall b.e represented by the guardian, executor, administrator or trustee in person. Where a tract is situated partly within and partly without the boundaries of such district, and the assess- ment-roll contains the acreage of said tract of land as a whole, the same must be apportioned according to the number of acres lying within and without the boundaries of said district. In the case of all elections after the first election hereinbefore provided for, each land owner in said dis- trict shall be entitled to east one vote, either in person or by proxy, for each commissioner to be elected therein for each dollar, or fraction thereof, assessed against his land, as shown by the first assessment list in said district as prepared by the assessors and heretofore filed with the reclamation board, as provided in section six of this act, or in the event that said assessment list has been equalized by the said reclamation board before the time of said election, then as shown by the said assess- ment list so equalized by the reclamation board. No person shall vote by proxy at such election, unless authority to cast such vote shall be evidenced by an instrument in writing, duly acknowledged and certi- fied in the same manner as grants of real property, and filed with the board of election. In case no board of election shall be appointed, or if any member thereof shall fail or refuse to serve, the land owners pres- ent at the time of llie opening of such election may appoint such board of election or supply the ]>lace of an absent member. i*'ach member of the board of election must, before entering upon tlie discharge of his duties, be sworn to perform them faithfully. Any i)erson entitled to vote at such election may administer the ontli. The polls shall be kept ojjcii from ten o'clock A. M. till four o'clock T. M. on the day of said 977 LEVEK DISTRICTS. Act 1923, § 7 eloetion. The board of election must keep a list of the names of the persons voting at such election, together with a statement of the num- ber of votes cast by each, and shall canvass the votes and make a return thereof showing the number of votes cast for each person for levee com- missioner and shall return therewith said list containing the names of the land owners voting at such election. Such election shall be by ballot, which ballots must contain the name of the person voting same, the total number of votes cast, the names of the persons voted for and the num- ber of votes east for each of said persons. The ballots must be inclosed in an envelope by the election board, and delivered, with the eleetion returns, to the said reclamation board, and said reclamation board shall cause a certificate of election to be issued within five days to the person or persons receiving the highest number of legal votes. If a certificate of election shall be issued to any person who has not received the highest number of legal votes, and upon an affidavit being filed by a land owner in the said levee district, setting forth that such person did not receive the highest number of lega'l votes, and giving the names of the persons who cast illegal votes for such person, and the number of such illegal votes so cast, the said reclamation board shall canvass the election re- turns, and hear evidence touching the legality of any votes cast, and may revoke such certificate of election and issue a certificate to the per- son legally elected. Within fifteen days after receiving a certificate of election, and before entering upon the duties of his office, each levee com- missioner shall take the oath of office prescribed by law, and file the same in the office of said reclamation board. All vacancies in the board of levee commissioners shall be filled by the said reclamation board, and such appointee shall hold office until the next succeeding election, and the qualification of his successor. Such person shall possess the same qualifications as an elected commissioner. [Amendment approved Maj^ 26, 1917; Stats. 1917, p. 1212.] § 7. Charges become lien. Statement that assessment delinq.uent. Sale of property. Purchase by district. Redemption. Land not charged to be later charged. Correction of errors. To whom payments made. Moneys deposited in treasury. From and after the filing of the original list with the count}' treasurer of Colusa county, and from and after the filing of the duplicate original list with the county treasurer of Yolo county, the charges assessed upon any tract of land within each respec- tive county shall constitute a lien thereon, and shall impart notice thereof to all persons. No subsequent act or conduct of the commissioners shall invalidate said assessment or lien, but such commissioners may be com- pelled by mandate or other proper proceeding to perform their duties, as required by law. The list thus prepared and filed must remain in the offices of the respective treasurers for thirty days from such filing, or longer if ordered by the board of levee commissioners, and during the time they so remain, any person may pay the amount of the charge assessed against any tract of land to the treasurer of the county in which such tract is situated, in gold coin of the United States, or in warrants of the district. At the end of thirty days the treasurers must return the lists to the board of commissioners of the district. The said board, from time to time in its discretion, may, by order entered in its 62 Act 1923, § 7 GENERAL LAWS. 978 minutes, direct the said assessment to be collected and paid in separate installments, of such amounts and at such time, respectively, as the said board may determine. After any order has been made calling in an installment of assessment, the secretary of the said district, for the in- formation of the land owners, shall mail to each land owner, as de- scribed in the said assessment list, if his address be known to such secre- tary, or, if not, then to the county seat of the county in which such land may be situated, a statement stating the amount of the call of such as- sessment, and stating further that said installment, if unpaid at the ex- piration of thirty days from the date of such order, shall become delin- quent, which said statement shall be mailed by said secretary within ten days after the date of any such order calling in any installment of such assessment, and each installment of assessment, from the time of the order of said board directing the same to be collected and paid, shall bear interest at the rate of seven per cent per annum until paid; if any such installment shall remain unpaid at the expiration of thirty days from the date of the order, then said installment shall become delin- quent, together with the accrued interest thereon, and ten per cent of the amount of said installment and interest shall bo added thereto, and collected for the use of the district; provided, further, that the commis- sioners must on the first day of January of each year, order the collec- tion of a sufficient amount of said assessment to pay all warrants that have been issued and outstanding for a period of two years or more, together with the interest on such warrants. Immediately after the said installment has become delinquent, the board of levee commissioners must publish a notice at least once each week for three weeks in some news- paper of general circulation published in the county or counties in which any land upon which such installment may be delinquent is situated, which notice shall contain a description of the property assessed, the name of the person to whom it is assessed, or a statement that it is assessed to unknown owners, if such be the fact; the amount of the de- linquent installment, the amount of the interest at the date of delin- quency, the amount of the penalty that has been added as above pro- vided, and a notice that the property assessed will be sold on a date therein stated, at such time and place in said district as the board of commissioners may in said notice designate, to pay said installment with accrued interest and the penalty hereinbefore specified. At the time stated in said notice, or such other time to which said sale may have been postponed, the commissioners must sell said property to the highest bidder for gold coin of the United States. Out of the proceeds of said sale the commissioners must pay the amount of said installment with the accrued interest thereon and the penalty herein provided for to the county treasurer of the county of Colusa who shall place the same in the proper funds of said district, and the commissioners must pay to the owner of said property any surplus remaining after such payment to said county treasurer. The commissioners nmy postpone said sale from time to time by a written notice posted at the place of sale. If no bid is made for said property equal to the amount of said installment, accrued interest and penalty, the district shall become the purchaser, and the said [jroperty must be struck off to the district for the amount of said installment, accrued interest and penalty. A certificate of such sale shall 979 LEVEE DISTRICTS. Act 1923, § 7 be executed by the commissiouers of said levee district to the purchaser, or to the district, if the property shall have been struck off to the dis- trict, and said certificate of sale shall be recorded in the office of the county recorder of the county in which the land sold is situated, or if situated in two counties, then in the office of the county recorder of each thereof. Any person interested in said property may redeem the same at any time within one year after the date of said sale, by paying in gold coin or in warrants of said district, to the county treasurer of Colusa county the amount of said installment with the accrued interest and pen- alty, and interest on the said sums at the rate of two per cent per month from the date of said sale. If no redemption shall be made within said one year, the purchaser, or the district, if said property shall have been sold to the district, shall be entitled to a deed executed by said commissioners, and the effect of such deed shall be to convey said property free of all liens and encum- brances, excepting state, county and municipal taxes, and the liens of assessments now levied or which may hereafter be levied by any of the reclamation districts situate within said levee district, or by the Knights Landing Eidge drainage district, and the unpaid balance of said assess- ment of said levee district, if any, which said balance must be called in and collected in the same manner as other assessments; provided, that wliere said property shall have been deeded to the district and shall not have been sold by the commissioners, the same shall not be offered for sale for subsequent installments of said assessments so long as the dis- trict shall remain the owner of said property, but the commissioners may sell said property at any time at public auction after notice given for the same period and in the same manner as is herein provided for sales for delinquent installments, but not for a sum less than all delinquent unpaid installments with accrued interest and penalties, and the deed executed in pursuance of such sale shall convey said property free of all encumbrances, except state, county and other municipal taxes, the lien of any assessments levied or which may hereafter be levied by any reclamation district within said levee district, or the Knights Landing Ridge drainage district, and the unpaid balance of said assessment. In all cases where an assessment has been, or shall hereafter be, levied for any purpose on the lands embraced within said levee district, if, for any reason, any tract or tracts of land shall not have been charged with said assessment, then such tract or tracts of land shall be charged in any subsequent assessment with such proportion of the former assess- ment as the benefits derived by said lands from the levee works, for which said former assessment was levied, bears to the whole amount of said former assessment; or a subsequent reassessment of such tract or tracts of land may be made separately for the purpose of charging said land with its proper proportion of the costs of levee protection. Such reassessment shall be made by assessors appointed by the reclamation board, as provided by this act, and must be made and approved in the same manner as other assessments. The assessors appointed by the reclamation board must make a list of the charges assessed against each tract of land; and, if there be any error or mistake in the descrip- tion of the land or in the name of the owner, or if any land which should be assessed has been, or shall be, omitted from the list, or if there is Act 1977 GENERAL LAWS. 980 any error or mistake in any otlier respect, the said assessors may amend or correct the same at any time before the filing of such list with the reclamation board as hereinbefore provided. Where payment is made in warrants of the district, legal interest must be computed thereon from the date thereof to the time of such payment, when said warrants must be surrendered to the county treasurer of the .county of Colusa and by him canceled. In the event that any land owner of the said district shall have paid the amount, or any portion of the amount, assessed against any tract of land before said assessment shall have been adjudged invalid, in whole, or in part, the amount so paid by said land owner, together with legal interest thereon from the date of such payment, shall be a credit and shall be credited by the treasurer of the county where the assess- ment list is filed, or by said district, or upon any subsequent assessment on the tract of land on which the said invalid assessment was paid, or be applied in satisfaction pro tanto of any such subsequent assessment thereafter levied on said tract. All installments of assessment, after the original list and the dupli- cate original have been returned by the respective county treasurers to the board of levee commissioners that may be called in, shall be paid to the secretary of said board of levee commissioners, and the same and also all proceeds from any delinquent sale shall be paid into the county treasury of the county of Colusa, and be placed by the treasurer thereof to the credit of said district, and paid out upon warrants issued by the board of levee commissioners. At any time an assessment on any tract of land may be paid in full, notwithstanding the same has not been called in by the board of levee commissioners. All moneys received from any source by the board of levee commis- sioners shall be paid by the said board, or the secretary thereof, into the county treasury of Colusa county, and be placed by the treasurer to the credit of the district, and paid out upon the warrants of the board of levee commissioners in the manner hereinbefore provided. On the first Monday of each month the county treasurer of Yolo county shall transmit to the county treasurer of Colusa county all moneys that may be in his hands to the credit of said district arising from any source, and, likewise, all warrants that may be delivered in payment of any assessment, and all such moneys shall thereupon be placed to the credit of said district by said county treasurer of Colusa county. [Amend- ment approved May 2(1, 1917; Stats. 1917, {). 1214.] §3. Repealed. All acts ami piuis of acts in coiillict with this act arc herclpy rc|i(';il(Ml. TITLE 310. LOS ANCiKLKS CITY. ACT 1977. ClinrtiT of Los Angeles. | Slats. 1SS9, p. 4.")5.] Amended 1903, p. 555; 190.5, p. 980; 1907, p. 1160; 1909, ,k 1289; 1911, p. 2051; 1913, p. 1()29; 1915, p. lG8(i; 1917, p. 108G. 1)81 LOS ANGELES CITY. Act 1991, § 1 ACT 1991, An act granting to the city of Los Angeles the tide-lands and submerged lands of tlie state within the boundaries of the said city. [Approved May 1, 1911. Stats. 1911, p. 1256.] Amended 1917; Stats. 1917, p. 159. The amendment of 1917 follows: § 1. Tide-lands granted to Los Angeles. There is hereby granted to the city of Los Angeles, a municipal corporation of the state of Cali- fornia, and to its successors, all the right, title a'nd interest of the state of California, held by said state by virtue of its sovereignty, in and to all tide-lands and submerged lands, whether filled or unfilled, within the present boundaries of said city, and situated below the line of mean high tide of the Pacific Ocean, or of any harbor, estuary, bay or inlet within said boundaries, to be forever held by said city, and by its suc- cessors, in trust for the uses and purposes, and upon the express condi- tions, following, to wit: (a) Purposes for which lands may be used. That said lauds shall be used by said city, and by its successors, solely for the establishment, improvement and conduct of a harbor, and for the construction, main- tenance and operation thereon of wharves, docks, piers, slips, quays and other utilities, structures and appliances necessary or convenient for the promotion and accommodation of commerce and navigation, and said city, or its successors, shall not, at any time, grant, convey, give or alien said lands, or any part thereof, to any individual, firm or cor- poration for any purpose whatsoever; provided, that said city, or its successors, may grant franchises thereon for limited periods, in any event not to exceed thirty years for wharves and other public uses and purposes, and may lease said lands, or any part thereof, for limited periods, in any event not to exceed thirty years for any and all pur- poses which shall not interfere with commerce or navigation, and are not inconsistent with the trusts upon which said lands are held by the state of California; (b) Harbor improved without expense to state. That said harbor shall be improved by said city without expense to the state, and shall always remain a public harbor for all purposes of commerce and navigation, and the state of California shall have, at all times, the right to use, without charge, all wharves, docks, piers, slips, quays and other improve- ments constructed on said lands, or any part thereof, for any vessel or other water craft, or railroad, owned or operated by the state of Cali- fornia; (c) No discrimination in rates. That in the management, conduct or operation of said harbor, or of any of the utilities, structures or ap- ])liances mentioned in paragraph (a), no discrimination in rates, tolls, or charges, or in facilities, for any use or service in connection there- with shall ever be made, authorized or permitted by said city, or by its successors; llight to fish reserved to people. Reserving, however, in the people of the state of California, the absolute right to fish in the waters of said Acts 1991(1-2016, § 1 GENERAL LAWS. 982 harbor, with the right of convenient access to said waters oVer said lands for said purposes. [Ameudment approved April 20, 1917; Stats. 1917, p. 159.] ACT 1991d. An act to appropriate money to be expended under the direction of the state board of control in co-operation with the federal government to carry out the project adopted by congress for the protection of the navigability of Los Angeles and Long Beach harbors, and providing for the future completion of the entire project. [Approved May 15, 1917. Stats. 1917, p. 533. In effect July 27. 1917.] The act appropriated $250,000 for the purpose indicated. ACT 1991e. An act to appropriate money to be used as a revolving fund by the sixth district agricultural association for the purpose of creating, installing and maintaining special expositions at Exposition Park, Los Angeles. [Approved June 1, 1917. Stats. 1917, p. 1619.] The act appropriated $50,000 for the purpose indicated. TITLE 311. LOS ANGELES COUNTY. ACT 2016. An act to validate bonds of the Los Angeles county flood control dis- trict and all proceedings relating thereto, and maliing final and con- clusive, except as therein provided, the official canvass of election returns of the election at which said bonds w^ere voted. [Approved May f), 1917. Stats. 1917, p. 239. In effect July 27, 1917.] § 1. Los Angeles county flood control district bonds validated. Bonds in the amounl of four million four huiidreil fifty thousand dollars of the Los Angeles county flood control district, and all the acts and proceed- ings of said district, leading up to and including the authorizing and issuance of said bonds, are hereby legalized, ratified, confirmed and de- clared valid to all intents and purposes, which district was created by the Los Angeles county flood control act, approved .Tune 12, 1915, and which bonds were authorized by virtue of an election held in said dis- trict on February 20, 1917, at which a majority of the votes cast were in favor of incurring such bonded indebtedness, as found and determined by the board of supervisors of said district upon canvassing such elec- tion returns, and which finding and determination of the result of said election shall be and is hereby declared to be final and conclusive against all persons except the state of California upon suit commenced by the attorney general. Any such suit must be commenced within thirty days after this act takes cfl'ect and not otherwise. Aiui ail said bonds when issued and sold as in said act provided shall be. and are hereby declared to be legal and valid obligations of said district, and the faith and credit of said Los Angeles county flood con- trol district is hereby i)ledged for the prompt ]>ayment and redemption 983 MANUFACTURES — MAPS. Acts 2063, 2066, § 1 of the principal and interest of said bonds and said bonds by their issu- ance shall be conclusive evidence of the regularity of all proceedings leading up thereto, and that they were duly authorized at said election. TITLE 321. MANUFACTURES. ACT 2063. An act to provide for the registration of factories, workshops, mills and other manufacturing establishments. I Approved June 2, 1913. Stats. 1913, p. 444.] Amended 1917; Stats. 1917, p. 270. The amendment of 1917 follows: § 1. Registration of factories. Notice by commissioner of laljor. The owner of any factory, workshop, mill or other manufacturing establish- ment, where five or more persons are employed, shall register such fac- tory, workshop, mill or other manufacturing establishment with the bureau of labor statistics, giving the name of the owner, the name under which the business is carried on, the location of the plant, the address of the general offices or principal place of business and such other information as the commissioner of labor shall require. Such registration of existing factories, workshops, mills or other manufacturing establishments shall be made on or before January 1, 1914. All factories, workshops, mills or other manufacturing establishments hereafter established shall be so registered within thirty days after the commencement of business. Within thirty days after a change in the location of a factory, work- shop, mill or other manufacturing establishment the owner thereof shall file with the commissioner of the bureau of labor statistics the new address. Whenever the commissioner of labor shall have been notified or other- wise becomes aware of the existence of a new factory, or factories, he shall forward a notification of said fact on or before the tenth day of each month to the state board of health and to the board of health or the health officer of the city and county wherein said factory or fac- tories may be located. TITLE 322. MAPS. ACT 2066. An act to cure defects in maps or plats filed for record prior to January 1, 1917, and in deeds or conveyances referring to such maps. [Approved .June J, 1917. Stats. 1917, p. 1633.] § 1. Defects cured in maps filed prior to January 1, 1917. Any map or plat recorded or filed with the county recorder of the county in which the lands shown on said map or plat are situated prior to the first day of January, one thousand nine hundred seventeen, shall for all purposes be deemed to have been properly so recorded or filed and to comply with all the requirements of the laws in force at the time it was so recorded Act 2103, §§ 1-3 GENERAL LAWS. 984 or filed, notwithstanding any defect, omission or informality in the prep- aration or execution of such map or plat or of the affidavits, certificates, acknowledgments, indorsements, acceptances of dedication Or other mat- ters thereon or required to be thereon by any law in force at the time of such recording or filing, and all sales or conveyances of land by refer- ence to any such map or plat shall be valid as though said map or plat had been made, certified, indorsed, acknowledged and filed in all respects in accordance with the law^s in force at the time said map or plat was so recorded or filed. And any deed or conveyance referring to any such map or plat which, prior to the passage hereof, was copied into the proper book of records kept in the office of any county recorder shall impart after the passage hereof notice of its contents to subsequent pur- chasers and encumbrancers, notwithstanding any defect, omission or in- formality in the preparation or execution of such map or plat or of the affidavits, certificates, acknowledgments, indorsements, acceptances of dedication or other matters thereon or required to be thereon by any law in force at the time of such recording or filing. TITLE 326. MARKS AND BRANDS. ACT 2103. An act requiring the labeling of articles offered for sale and intended for personal wear, manufactured in state penitentiaries, reform schools or other institutions supported at public expense, and requiring that notice that such goods are on sale, shall be conspicuously posted in places where said goods are offered for sale, [Approved May 5, 1917. Stats. 1917, p. 249. In effect July 27, 1917.] § 1. Articles manufactured at state institutions must be labeled. No jierson, persons, firm or corporation, by tlieniselves, their agents or em- ployees shall sell, offer for sale or expose for sale, or have in his or their possession for sale, any article intended for personal wear which was manufactured at a state penitentiary, state reform school or at any other institution supported at public expense and located without the boundaries of the state of California, unless said article shall have affixed, stamped or imprinted thereon, a label in letters three-eighths of an inch in height, designating the state penitentiary, state reform school or other public institution, where said article was manufactured. § 2. Notice that articles manufactured at state Institutions are for sale. No person, persons, firm or corporation, by themselves, their agents or employees shall sell, offer for sale or expose for sale, or have in his or their possession for sale, any article intended for personal wear which was manufactured at a state penitentiary, state reform school or at any other institution supported at public expense and located without the l)0inid;iries of llie state of California unless there is kept on exhibition ill a conspicuous place, where said article is exjiosed or offered for sale, a notice at least twelve inches in length by six inches in heigiit, stating / tliat goods so manufactured are on f^.'ile there. §3. Penalty. Whoever sliall kiidwin^ily xiolatc :iny of the provisions or sections of lliis act shall ])c deemed guilty of a misdemeanor, and 985 MAKKS AND BRANDS. Act 2 1U3, §^ 1 -3 shall, upon conviction thereof, bo punislicd for the first offense by a fine of not less than twenty dollars nor more than one hundred dollars; or by imprisonment in the county jail for not less than ten days and not exceeding thirty days; and for each subsequent offense by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprison- ment in the county jail for not less than twenty da^'s nor more than one hundred days, or by both such fine and imprisonment, at the discretion of the court. §i. Duty of district attorney. ]t shall be the duty of the district attorney of each and every county in this state, upon application, to attend to the prosecution in the name of the people of any action brought for the violation of any of the provisions of this act within his district. ACT 2103. An act to perpetuate marks, brands and counterbrauds established in the several counties of the state under sections three thousand one hundred sixty-eight and three thousand one hundred sixty-nine of the Political Code, to provide methods of perpetuation and declaring all marks, brands and counterbrauds not so perpetuated to be in- operative and void. I Approved April 16, 1917. Stats. 1917, p. 138. In effect July 27, 1917. J § 1. Notice to perpetuate marks, brands, and counterbrauds. The county recorder of each county in whose office there are recorded more than one hundred marks, brands and couitterbrands under the provisions of section three thousand one hundred sixty-eight of the Political Code, shall, within thirty days after this law goes into effect, cause to be pub- lished in a newspaper of general circulation in such county, the follow- ing notice: "Every person, who, under and by virtue of compliance with section three thousand one hundred sixty-eight of the Political Code, owns a mark, brand or counterbrand, must, within three months after final pub- lication of this notice, notify the county recorder of his desire to con- tinue and perpetuate such mark, brand and counterbrand. This notifi- cation must be in words of positive and reasonable intendment and must be either by registered letter or by personal application addressed to said county recorder. Any person failing to so continue and perpetuate such mark, brand and counterbrand, shall lose all right, title and inter- est therein. First publication: (naming date). Last publication: (naming date). County recorder of county." §2. Publication. The notice set forth in section one shall be pub- lished six times at intervals of four weeks, final publication to be not more than five months later than the original publication thereof. § 3. Continuance of marks, etc. Every person desiring to continue and perpetuate any mark, brand and counterbrand must comply with the Acts 2135, 2139b, § 1 general laws. 986 provisions set forth in the notice under section one, and the county recorder shall, upon such compliance, write or stamp opposite the record of such mark, brand or counterbrand the word "perpetuated." §4. Marks, etc., deemed abandoned. At the termination of three months after final publication of notice set forth in section one, the county recorders of the several counties shall transfer the records of all marks, brands and counterbrands perpetuated under section three to a new book set apart for the purpose described in section three thousand one hundred sixty-eight of the Political Code, and all marks, brands and counterbrands in the custody of the county recorders of the several counties not so continued and perpetuated shall be deemed to have been abandoned by the owner thereof and to be inoperative and void. § 5. Sections of Political Code not affected by act. Nothing in this act shall be construed as repealing sections three thousand one hundred sixty-eight and three thousand one hundred sixty-nine of the Political Code. TITLE 331. MASTER AND SERVANT. ACT 2135. An act prohibiting employers of labor from coercing employees in the purchase of things of value, and prescribing a penalty for the vio- lation of the provisions hereof. [Approved April 26, 1917. Stats. 1917, p. 207. In effect July 27, 1917.] §1. Unlawful to force employee to patronize employer. It shall be unlawful for any employer of labor, or any officer, agent or employee of any employer of labor to make, adopt or enforce any rule or regulation compelling or coercing any employee to patronize said employer, or any other person, firm or corporation, in the purchase of any thing of value; provided, however, that nothing herein shall be interpreted as prohibit- ing any employer of labor from prescribing the weight, color, quality, texture, style, form and make of uniforms required to be worn by their employees. §2. Penalty. Any person, whether as an individual, or as an agent or employee of a firm, or as an officer, agent or employee of a corporation, who shall violate any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail for a term not exceeding six moutlis, or by both such fine and imprison- ment. ACT 2139b. .An act to provide for the fiiniisliiiio- by [)iililic nlility corporations, to employees thereof leaving their service, of service letters. [.Approved June 1, 1917. Stats. 1917, p. 1.120. Tn effect .July ,S], 1917. | § 1. Service letters by public utility corporations. Every public utility corfioration ^^hall, upon reipicst fhcrefor made to it by any em- 981 MASTER AND SERVANT. Acts 2140e-2142a, § § 1, 2 ployce thereof leaving its service, give to such employee a letter cover- ing and stating the period during which such service was and kind of service rendered to such corporation by such employee. § 2. Penalty. Every public utility corporation violating the pro- visions of this act shall, for each offense, suffer a fine of not less than twenty-five dollars, nor more than one hundred dollars; which fine shall be collected by the district attorney of the county in which such cor- poration has its principal place of business. ACT 2140c. An act to forbid managers, superintendents, foremen and other persons having authority from their respective employers to hire, employ, or direct the services of other persons in such employments, to demand or receive any fee, gift or other remuneration in consideration of any such hiring, employment or permission to continue to perform work or services in such employment; and to provide for the enforce- ment of this act by the commissioner of the bureau of labor statistics. [Approved April 12, 1915. Stats. 1915, p. 61.] Eepealed 1917; Stats. 1917, p. 257. See post. Act 2143d. ACT 2140e. An act to require employers to pay the cost of bonds and photographs required of and furnished by employees or applicants for employ- ment. [Approved April 20, 1917. Stats. 1917, p. 151. In effect July 27, 1917.] § 1. Employer must pay for bond or photograph. Whenever a bond or photograph of an employee or applicant for employment is required by any employer of labor, said employer shall pay the cost of such bond or photograph. § 2. Penalty. Any person violating any provision of this act shall be guilty of a misdemeanor, punishable by a fine not less than twenty- five dollars nor exceeding five hundred dollars. § 3. Enforcement. The commissioner of the bureau of labor statistics of the state of California shall enforce the provisions of this act. ACT 2142a. An act to provide for semi-monthly pay days of laborers in the employ of any county of the first or second class. [Approved May 22, 1917. . Stats. 1917, p. 800. In effect July 27, 1917.] § 1. Semi-monthly pay days of county employees. The wages of all employees of any county of the first or second class, whose compensation is based on a daily rate of payment, shall be paid at not less than two stated times in each calendar month, and at substantially equal inter- vals. §2. Penalty for violation. Any officer, employer or agent of any county of. the first or second class, or of any dejiartment or institution Act 2143c, § 1 GENERAL LAWS. 988 thereof, who fails, refuses or neglects to comply with the requireuicnts of this act, iu so far as the payments are prescribed or controlled by him, is guilt}' of a misdemeanor. ACT 2143c. An act to promote the comfort, health, safety and general welfare of the people of this state as affected by injury causing the dis- ability or death of employees in the course of their employment, providing for a complete plan of workmen's compensation by creat- ing a liability on the part of immediate employers, principal em- ployers, contracting employers and their insurance carriers to com- pensate employees and their dependants for such disability or death, irrespective of the fault of any party, providing the means and methods of enforcing such liability and i^roviding for certain liens upon compensations; and regulating comjjensation insurance coverage against such liability, securing the payment of compensa- tion and confirming the establishment and transactions of the state compensation insurance fund; and requiring safety in all employments and places of emploj-meut in this state and providing the means and methods of enforcing such safety; and requiring reports of industrial injuries; and providing penalties for offenses, as defined herein, by employers, their officers and agents, and by employees and other persons and corporations; and defining the powers and duties of the industrial accident commission under this act, and providing for a review of its orders, decisions and awards; and re- jtealing sections two, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one. twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thiry-four, thirty-five, fifty-one, fifty-two, fifty-three, fifty-four, fifty- five, fifty-six, fifty-seven, fifty-eight, fiftj^-nine, sixty, sixty-one, sixty-two, sixty-three, sixty-four, sixty-five, sixty-six, sixty-seven, sixty-eight;^ sixty-nine, seventy, seventy-one, seventy-two, seventy- three, seventy-four, seventy-five, seventy-five a, seventy-six, seventy- seven, seventy-eight, seventy-nine, eighty, eighty-one, eighty-two, eighty-three, eighty-four, eighty-five, eighty-six and eighty-seven of chapter one hundred seventy-six, Statutes of 1913, and all other acts and parts of acts inconsistent herewith, except sections one, three, four, five, six, seven, eight, nine, ten, eleven, thirty-six, thirty-seven, thirty-eight, thirty-nine, forty, forty-one, forty-two, forty-three, forty-four, forty-five, forty-six, forty-seven, forty-eight, forty-nine, fifty, eighty-eight and ninety of said chapter one hundred seventy- six. Statutes of 191.3. I Approved May 2.3, 1917. Stats. 1loyed by them benefits idenfical with those conferri'd by this act, the person for whom such work is to be done shall not be liable as an employer under Ihis act. 993 MASTKK AND SKEVANT. Act 2143c', § 9 § 9. Medical attention. Change of physicians. Employer maintaining hospital staff. Where liability for compensation under this act exists, siu'h t-oniiiensatiou shall be furnished or paid by the employer and be as provided in the following schedule: (a) Such medical, surgical and hospital treatment, including musing, medicines, medical and surgical supplies, crutches and apparatvis. in- cluding artificial members, as may reasonably be required to cure and relieve from the -effects of the injury, the same to be provided by the employer, and in case of his neglect or refusal seasonably to do so, the employer to be liable for the reasonable expense incurred by or on behalf of the employee in providing the same; provided, that if the employee so requests, the employer shall tender him one change of physicians and shall nominate at least three additional practicing physi- cians competent to treat the particular case, or as many as may be avail- able if three cannot reasonably be named, from whom the employee may choose; the employee shall also be entitled, in any serious case, upon request, to the services of a consulting physician to be provided by the employer; all of said treatment to be at the expense of the employer. If the employee so requests, the employer must procure certification by the commission or a commissioner of the competency for the particular case of the consulting or additional physicians; provided, further, that the foregoing provisions regarding a change of physicians shall not apply to those cases where the employer maintains, for his own employees, a hospital and hospital staff, the adequacy and eom- [tetency of which have been approved by the commission. Nothing con- tained in this section shall be construed to limit the right of the employee to provide, in any case, at his own expense, a consulting physician or any attending physicians whom he may desire. Controversies between employer and employee, arising under this section, shall be determined by the commission, upon the request of either party. (b) Time of disability payments. If the injury causes temporary disability, a disability payment which shall be payable for one week in advance as wages on the eleventh day after the injured employee leaves work as a result of the injury. If the injury causes permanent disability, a disability payment which shall be payable for one week in advance as wages on the eleventh day after the injury. Such in- demnity shall thereafter be payable on the employer's regular pay day, but not less frequent than twice in each calendar month, unless other- wise ordered by the commission, subject, however, to the following limi- tations: (1) Disability less than ten days. If the period of disability does not last longer than ten days from the day the employee leaves work as the result of the injury, no disability payment whatever shall be recoverable. (2) No recovery for first ten days. If the period of disability lasts longer than ten days from the day the employee leaves work as the result of the injury, no disability payment shall be recoverable for the first ten days of disability suffered. (53 Act 2143c, § 9 GENERAL LAWS. 994 2. Amount of disability payment. The disability payment shall ])e as follows : (1) If the injury causes temporary total disability, sixty-five per cent of the average weekly earnings during the period of such disability, consideration being given to the ability of the injured employee to compete in an open labor market; (2) If the injury causes temporary partial disability, sixty-five per cent of the weekly loss in wages during the period of such disability: (3) If the temporary disability caused by the injury is at times total and at times partial the weekly disability payment during the period of each such total or partial disability shall be in accordance with para- graphs one and two of this subdivision respectively; (4) Aggregate disability pajrments. Paragraphs one, two, and three of this subdivision shall be limited as follows: Aggregate disability payments for a single injury causing temporary disability shall not exceed three times the average annual earnings of the employee, nor shall the aggregate disability period for such temporary disability in any event extend beyond two hundred forty weeks from the date of the injury. (5) Computation of payments when disability permanent. If the in- jury causes permanent disability, the percentage of disability to total disability shall be determined and the disability payment computed and allowed as follows: For a one per cent disability sixty-five per cent of the average weekly earnings for a period of four weeks; for a ten per cent disability, sixty-five per cent of the average weekly earnings for a period of forty weeks; for a twenty per cent disability, sixty-five per cent of the average' weekly earnings for a period of eighty weeks; for a thirty per cent disability, sixty-five per cent of the average weekly earnings for a period of one hundred twenty weeks; for a forty per cent disability, sixty-five per cent of the average weekly earnings for a period of one hundred sixty weeks; for a fifty per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred weeks; for a sixty per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks; for a seventy per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks, and thereafter ten jier cent of such weekly earnings during the remainder of life; for an eighty per cent disabilty, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks and thereafter twenty per cent of such weekly earnings during the remainder of life; for a ninety per cent diyabiiity, sixty-five per cent of the average weekly earnings for u i)eiio(l of two hundred forty weeks and thereafter thirty per cent of such weekly earnings during the remainder of life; for a hundred per cent disability, sixty-five per cent of the average weekly earnings for a period of two luuiilrcil tOiiy weeks and thereafter forty ))er cent of such weekly earnings (luring the remainder of life. (G) The payment t'ur permanent disabilities intermediate to those fixed by th(! foregoing schedule siuill l)e coniputcil and allowed as follows: ir under seventy f)er ceiil, sixty-lisc \irf <(nt df the average weekly caiiiings for four weeks for cadi one per cent of disability; if seventy 095 MASTER AND SERVANT. Act 2143e, § !J per ceut or over, sixty-five per cent of the average vrcekly earnings for two hiuulred forty weelts and thereafter one per cent of such weeltly earnings for each one per cent of disability in excess of sixty per cent to be paid during the remainder of life. (7) In determining tlie percentages of permanent disability, account shall be taken of the nature of the physical injury or disfigurement, the occupation of the injured employee, and his age at the time of such in- jury, consideration being given to the diminished ability of such injured employee to compete in an open labor market. (S) Only one pas^nent. Where both temporary and permanent dis- ability. Where an injury causes both temporary and permanent disabil- ity, the injured employee shall not be entitled to both a temporary and ]iermanent disability payment, but only to the greater of the two. (9) Permanent disabilities presumed to be total. The following per- manent disabilities shall bo conclusively presumed to be total in char- acter: Loss of both eyes or the sight thereof; loss of both hands or the use thereof; an injury resulting in a practically total paralysis; an in- jury to the brain resulting in incurable imbecility or insanity. In all other cases, permanent total disability shall be determined in accordance with the fact. (JO) Percentage of permanent disability. The percentage of perma- nent disability caused by any injury shall be so computed as to cover the permanent disability caused by that particular injury without refer- ence to any injury previously suffered or any permanent disability caused thereby. (11) Schedule for determination of permanent disabilities. The com- mission ma}^ prepare, adopt, and from time to time amend, a schedule for the determination of the percentages of permanent disabilities, such table to be based upon the proj^er combinations of the factors indicated in subdivision seven above. Such schedule shall be available for public rnspeetion and without formal introduction in evidence shall be prima facie evidence of the percentage of permanent disability to be attributed to each injury covered by i^aid schedule. ;;. Death of injured employee. The death of an injured employee shall not affect the liabilty of the employer under subsections (a) and (b) of this section, so far as such liability has accrued and become payable at the date of the death, and any accrued and unpaid compensation shall be paid to the dependents, if any, or, if there are no dependents, to the personal representative of the deceased employee or heirs or other persons entitled thereto, without administration, but such death shall be deemed to l)e the termination of the disability. (c) Death benefits. If the injury causes death, either with or with- out disability, the burial expense of the deceased employee as herein- after limited and a death benefit which shall be payable in installments equal to sixty-five per cent of the average weekly earnings of the de- ceased employee, upon the employer's regular pay day, but not less frequently than twice in each calendar month, unless otherwise ordered by the commission, which death benefit shall be as follows: Act 2143c, § 10 GENERAL LAWS. 996 (1) If deceased employee leaves dependents. lu case the deceased employee leaves a person or persons wholly dependent upon him for support, such dependents shall be allowed the reasonable expense of his burial, not exceeding one hundred dollars, and a death benefit, which shall be a sum sufficient, when added to the disability indemnity which at the time of death has accrued and become payable, under the pro- visions of subsection (b) hereof, and the said burial expense, to make the total disability indemnity, cost of burial and death benefit equal to three times his average annual earnings, such average annual earnings to be taken at not less than three hundred thirty-three dollars and thirty- three cents nor more than one thousand six hundred sixtj'-six dollars and sixty-six cents. (2) If deceased employee leaves partially dependent. In ease the de- ceased employee leaves no person wholly dependent upon him for sup- port, but one or more persons partially dependent therefor, the said dependents shall be allowed the reasonable expense of his burial, not to exceed one hundred dollars, and, in addition thereto, a /death benefit which shall amount to three times the annual amount devoted by the deceased to the support of the person or persons so partially dependent; provided, that the death benefit shall not be greater than a sum sufficient, when added to the disability indemnit}' which, at the time of the death, has accrued and become payable under the provisions of subsection (b) hereof, together with the cost of the burial of such deceased employee, to make the total disability indemnity, cost of burial and death benefit equal to three times his average annual earnings, such average annual earnings to be taken at not less than three hundred thirty-three dollars and thirty-three cents nor more than one thousand six hundred sixty- six dollars and sixty-six cents. (3) If no dependents. If the deceased employee leaves no person dependent upon him for support, the death benefit shall consist of the reasonable expense of his burial not exceeding one hundred dollars. (d) Payment discharges employer. Payment of compensation in ac- cordance with the order and direction of the commission shall discharge the employer from all claims therefor. § 10. Inspection of hospital facilities. Reports of receipts etc. Facil- ities declared inadeq.uate. The commission shall have power to inspect and delennine the adequacy of hospitals and hospital facilities supplied by employers or by mutual associations of employees, with or without the concurrence of the employer, for the treatment of injuries coming within the provisions of this act. No part of any contribution paid by employees or deducted from their wages for the maintenance of such hospital facilities shall be devoted to the payment of any portion of the cost of providing compensation prescribed by this act. Nothing contained in this section shall be taken to prevent any hospital associa- tion or medical department furnishing the treatment prescribed in this act free of charge to employees. Every such hospital shall make to the commission from time to time, upon demand, ])ut not less frequently than oni'i' a year, reports all such matters and things are hereby expressly confirmed, saved and continued. § 33. Constructions of terms used in act. The following terms, as used in sections thirty-three to fifty-four. inclu?ive, of this act, shall, unless a different meaning is plainly required by the context, be con- strued as follows: (1) "Place of employment." The phrase "iilace of employment" shall mean and include every place, whether indoors or out or underground, or elsewhere, and the premises appurtenant thereto, where, either tem- porarily or permanently, any industry, trade, work or business is carried on or where any process of operation directly or indirectly related to any industry, trade, worlv or business, is carried on, including all construc- tion work, and where any person is directly or indirectly employed by another for direct or indirect gain or jjrofit, but shall not include any place where persons are emploj-ed solely in household domestic service, or any place of employment, concerning the safety of which jurisdiction may have been vested by law heretofore or hereafter in any other com- mission or publii' authority. (2) "Employment." The term ''employment" shall mean and include any trade, work, business, occupation or process of manufacture, or any method of carrying on such trade, work, business, occupation or process of manufacture, including construction work, in which any person may lie engaged, except whore jiersons are em]doyed solely in household domestic service. (.3) "Employer." The term "employer" shall mean and include every jierson, firm, voluntary association, corporation, officer, agent, manager, representative or other jierson having control or custody of any em- ployment, place of employment or of any em])loyee. (4) "Employee." The tei'in "{Mnployce"' shall mean and include every |icisoii who may be rciiuircd or (lii'('ct(>d b>' any employer, in considera- lion of direct or indirect yain or profit, to engage in any employnu'ut, or to go to work or be at any time in any ])1m of employment. (.')) "Order." The term ''order" shall mean and include any decision, rule, regulation, direction, requirement or standard of the commission or any other determination arrived at oi decision made l)y such commis- sion under the safety provisions of this ad. (()) "General order." The term "general order" shall mean and in- clude such order, made nmler tlie safety provisions of this act, as ap- plies generally thronghont the state to all |iersons, employments or pbiccs of cmploymenl, or all persons, eni |i|oy inei: I ^ or places of employ- 1(117 MASTEK ANM) SEKVAXT. Act 214;J(;, ^§ 8-l:-38 iiHMit iif a class iindtM' the juyisdictioii of the fominission. All othor nnlors of the conimissiou shall be consiilororl spo'/ial orders. (7) "Local order." The term "local onloi'" shall mean and inclmlo any ordinaiu-e, ordei-, rule or deterniiiiatioii of any board of supervisors, city council, board of trustees or other governing body of any county, city and county, city, or any school district or other public corporation, or an order or direction of any other public official or board or depart- ment upon any matter over which the industrial accident commission has jurisdiction. (S) "Safe" and "safety." The terms "safe" and "safety" as applied to an employment or a place of employment shall mean such freedom from danger to the life or safety of enqdoyees as the nature of the em- ployment will reasonably permit. (9) "Safety device" and "safeguard." The terms "safety device" and "safeguard" shall be given a broad interpretation so as to include any jiraeticable method of mitigating or preventing a specific danger. § 34. Employer to make employment safe. Every employer shall furnish employment which shall be safe for the employees therein and shall furnish a place of employment which shall be safe for employees therein, and shall furnish and use such safety devices and safeguards, and shall adopt and use such practices, means, methods, operations and processes as are reasonably adequate to render such employment and place of employment safe, and shall do every other thing reasonably necessary to protect the life and safety of such employees. §35. Use of safety devices. No employer shall require, permit or suffer any emjiloyee to go or be in any employment or place of employ- ment which is not safe, and no such employer shall fail to furnish, provide and use safety devices and safeguards or fail to adopt and use methods and processes reasonably adequate to render such emploj'nient and place of employment safe, and no such employer shall fail or neglect to do every other thing reasonably necessary to protect the life and safety of such employees, and no such employer shall occupy or main- tain any place of employment that is not safe. § 36. Construction of unsafe place. No employer, owner or lessee of any real property in this state shall construct or cause to be constructed any place of employment that is not safe. § 37. Employee not to interfere with safety devices. No employee shall remove, displace, damage, destroy or carry off any safety device or safeguard furnished and provided for use in any employment or place or employment, or interfere in any way with the use thereof by' any other jierson, or interfere with the use of any method or process adopted for the protection of any employee, including himself, in such employment, or place of employment, or fail or neglect to do every other thing reasonably necessary to protect the life and safety of such em- ployees. § 38. Jurisdiction of commission over places of employment. The commission is vested with full power and jurisdiction over, and shall Act2143c,§§ 39-41 general laws. 1018 have such supervision of, every employment and place of employment in this state as may be necessary adequately to enforce and administer all laws and all lawful orders requiring such employment and place of employment to be safe, and requiring the protection of the life and safety of every employee in such employment or place of employment. § 39. Power of commission to prescribe devices, standards, etc. The commission shall have power, after a hearing had upon its own motion or upon complaint, by general or special orders, rules or regulations, or otherwise: (1) To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order, (2) To fix such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, mainte- nance and operation of safety devices, safeguards and other means or methods of protection, to be as nearly uniform as possible, as may be necessary to carry out all laws and lawful orders relative to the pro- tection of the life and safety of employees in employments and places of emploj-ment. (3) To fix and order such reasonable standards for the construction, repair and maintenance of places of employment as shall render them safe, (4) To require the performance of any other act which the protection of the life and safety of the employees in employments and places of employment may reasonably demand, (5) To declare and prescribe the general form of industrial injury reports, the injuries to be reported and the information to be furnished in connection therewith, and the time within which such reports shall be filed. Nothing in this act contained shall be construed to prevent the commission from requiring supplemental injury reports, § -10, Notice of hearing to consider general safety order. Upon the fixing of a time and iilaco for the holding of a hearing for the purpose fif considering and issuing a general safety order or orders as authorized by section thirty-nine hereof, the commission shall cause a notice of such hearing to be published in one or more daily newspapers of general cir- culation published and circulated in the city and county of San Fran- cisco, and also in one or more daily newspapers of general circulation published and circulated in the county of Los Angeles, such newspapers to be designated by the commission for that purpose. No defect or in- acccuracy in such notice or in the publication thereof shall invalidate any general order issued li.v the connnission after hearing iiad. § 41. Order to make employment safe. Whenever the commission, after :i iicaring liad upon its own motion or upon complaint, shall find that any ei.iploynicnl <>r |dar.' (if employment is not safe or that the pnicti.-es or means or nut liods or operations or processes employed or I, J., I ii, ,.(M •tioii tlicrcwitli lire iinsat'c, or do not afford adequate pro- ,,,,.ti„ti to til" life and safety ot i'in|doyccs in surli etnployment or place of cniployMieiit, the conmiissiun shall make an, I enter and serve such 1U19 MASTEK AND SERVANT. Act 21-43e, §§ -42-46 order relative thereto as may be necessary to render such eniploynicnt or place of employment safe and protect the life and safety of employees in such employment and place of employment and may in said order direct that such additions, repairs, improvements or change be made and such safety devices and safeguards be furnished, provided and used, as are reasonably required to render such employment or place of employ- ment safe, in the manner and within the time specified in said order. §42. Time for compliance with order. The commission may, upon application of any employer, or other person affected thereby, grant such time as may reasonably be necessary' for compliance with any order, and any person affected by such order may petition the commission for an extension of time, which the commission shall grant if it finds such an extension of time necessary. § 43. Investigation of unsafe emplojrment. Whenever the commission shall learn or have reason to believe that any employment or place of employment is not safe or is injurious to the welfare of any employee it may, of its own motion, or upon complaint, summarily investigate the same, with or without notice or hearings, and after a hearing upon such notice as it may prescribe, the commission may enter and serve sucli order as may be necessary relative thereto, anything in this act to the contrary notwithstanding. §44. Obeying order. Every employer, employee and other person shall obey and comply w^ith each and every requirement of every order, decision, direction, rule or regulation made or prescribed by the co)nmis- sion in connection with the matters herein specified, or in any w^aj' re- lating to or affecting safety of employments or places of emj)lo3'ment, or to protect the life and safety of employees in such employments or places of employment, and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule or regulation. § 4.'5. Review of orders. The orders of the commission, general or special, its rules or regulations, findings and decisions, made and entered under the safety- provisions of this act, may be reviewed by the courts specified in sections sixty-seven and sixty-eight of this act and within the time and in the manner therein specified and not otherwise. § 46. Powers of supervisors, etc., not affected. Nothing contained in this act shall be construed to deprive the board of supervisors of any county, or city and county, the board of trustees of any city, or any other public corporation or board or department, of any power or juris- diction over or relative to any j)lace of employment; provided, that whenever the commission shall, by order, fix a standard of safety for employments or places of employment, such order shall, upon the filing ))y the commission of a copy thereof with the clerk of the county, city and county, or city to which it may apply, establish a minimum require- ment concerning the matters covered by such order and shall bo con- strued in connection with any local order relative to the same matter and to amend or modify any requirement in such local order not up to the standard of the order of the commission. Act 2143c, §§ 47-51 genpjral laws. 1020 §47. The cnmnnssion shall have further power and authority: (1) Museums of safety and hygiene. To establish and maintain mu- seums of safet}- and hygiene in which shall be exhibited safety devices, safeguards and other means and methods for the protection of the life and safety of employees, and to publish and distribute bulletins on any phase of this general subject. (2) Lectures. To cause lectures to be delivered, illustrated by stereoptieon or other views, diagrams or pictures, for the information of employers and their employees and the general public in regard to the causes and prevention of industrial accidents, occupational diseases and related subjects. (3) Advisers. To appoint advisers who shall, without compensation, assist the commission in establishing standards of safety and the com- mission may adopt and incorporate in its general orders such safety recommendations as it may receive from such advisers. §48. Order admissible as evidence. Every order of the commission, general or special, its rules and regulations, findings and decisions, made and entered under the safety provisions of this act shall be ad- missible as evidence in any prosecution for the violation of any of the said provisions and shall, in every such prosecution, be conclusively presumed to be reasonable and lawful and to fix a reasonable and l^roper standard and requirement of safety, unless, prior to the insti- tution of the prosecution for such violation or violations, proceedings for a rehearing thereon or a review thereof shall have been instituted as provided in sections sixty-four to sixty-eight, inclusive, of this act and not then finally determined. §49. Penalty for violation. Every employer, employee or other per- son who, either individually or acting as an officer, agent or employee of a corporation or other person, violates any safety provision con- tained in sections thirty-four, thirty-five, thirty-six or thirty-seven of this act, or any part of any such provision, or who shall fail or refuse to comply with any such provision or any part thereof, or who, directly or indirectly, knowingly induces another so to do is guilty of a misde- meanor. In any prosecution under this section it shall be deemed prima facie evidence of a violation of any such safety provision, that the accused has failed or refused to comply with any order, rule, regulation or requirement of the commission relative thereto, and the burden of proof sliali thereupon rest uj)0ii the accused to show that he lias com- idied with such safety provision. §.•30. Separate and distinct offense. Kvcry violation of tiie provisions contained in sections thirty-four, thirty-five, thirty-six or thirty-seven of this act, or any part or portion thereof, by any person or corpora- tion is a separate and distinct ofTciise, and, in the case of a continuing violation thereof, each day's continnaiuc Iheicof shall constitute a sepa- rate ;ii]i| 'listiiH'l oirciisc. §r)l. Accident prevention fund. Percentage of amount of gross premiums. Estimates submitted to board of control. Revolving fund. All (ini's iitiposcd iiiid (•()]lecte. Proceedings instituted before commission, (a) Ail proceedings [(,!■ tlir rci'OMTv of compensation, or concerning any right or liability 1023 MASTER AND SKKVANT. Act 21430, §§ 56, 57 arising out of or incidental thereto, or for the enforcement against the employer or an insurance carrier of any liability for compensation im- posed upon him by this act in favor of the injured employee, his de- pendents or any third person, or for the determination of any question as to the distribution of compensation among dependents of other per- sons, or for the determination of any question as to who arc dependents of any deceased employee, or what persons are entitled to any benefit under the compensation provisions of this act, or for obtaining any order which by this act the commission is authorized to make, or for the determination of any other matter, jurisdiction over which is vested by this act in the commission, shall be instituted before the commission, and not elsewhere, except as otherwise in this act provided, and the commission is hereby vested with full power, authority and jurisdic- tion to try and finally determine all such matters, subject only to the review by the courts in this act specified and in the manner and within the time in this act provided. (b) Orders, etc., prima facie lawful. All orders, rules and regulations, findings, decisions and awards of the commission shall be in force and shall be prima facie lawful; and all such orders, rules and regulations, findings, decisions and awards shall be conclusively presumed to be reasonable and lawful, until and unless they are modified or set aside by the commission or upon a review by the courts in this act specified and »vithin the time and in the manner herein specified. §56. Service of notice, etc. (a) Any notice, order or decision re- quired by this act to be served upon any person or party either before, during or after the institution of any proceeding before the commis- sion, may be served in the manner provided by chapter five, title four-, teen of part two of the Code of Civil Procedure of this state, unless otherwise directed by the commission or a member thereof, in which event the same shall be served in accordance with the order or direction of said commission or member thereof. The commission or commis- sioner may also, in the cases mentioned in the Code of Civil Procedure of this state, order service to .be made by publication of the notice of time and place of hearing. Where service is ordered to be made by publication the date of the hearing may be fixed at more than thirty days from the date of filing the application. (b} Any such notice, order or decision affecting the state or any city and county, city, school district or public corporation therein, shall be served upon the same officer, officers, person or persons, upon whom the service of similar notices, orders or decisions is authorized by law. (c) Secretary, etc., have powers of peace officers. The secretary, as- sistant secretaries and the inspectors appointed by tiie commission shall have all the powers conferred by law upon peace officers to carry weapons, make arrests and serve warrants and other process in tliis state. §57. Powers of commission, (a) The commission shall have full power and authority: (1) Rules of practice. To adopt reasonable and proper rules of prac- tice and procedure. Act 2143c, § 58 general laws. 1024 (2) Representation of minors, etc. To regulate aud provide the mau- uer, and by whom, minors and incompetent persons shall appear and be represented before it. (3) Appoint trustee to appear for minor or incompetent. To appoint a trustee or guardian ad litem to appear for and represent any such minor or incompetent upon such terms and conditions as it may deem proper; and such guardian or trustee must, if required by the commis- sion or a commissioner, give a bond in the same form and of the same character required by law from a guardian appointed by the courts and in such an amount as the commission or a commissioner may fix and determine, such bond to be approved by the commission or a commis- sioner, and such guardian or trustee shall not be discharged from lia- bility until he shall have filed an account with the commission or with the probate court aud such account shall have been approved. The trustee or guardian shall be entitled to receive such compensation for his services as shall be fixed and allowed by the commission or by the probate court. (4) Joinder of interested persons. To provide for the joinder in the same proceeding of all persons interested therein, whether as employer, insurance carrier, employee, dependent, creditor or otherwise. (5) Notices. To regulate and prescribe the kind and character of nofices, where not otherwise jirescribed by this act, and the service thereof. (6) Proofs. To regulate and prescribe the nature and extent of the proofs ami evidence. (b) Controversies over insurance policies. Acting as arbitrator. The commission shall also have jurisdiction to determine controversies arising out of insurance policies issued to self-employing persons, conferring benefits identical with those prescribed by this act. The commission may try and determine matters referred to it by the parties under the provisions of part three, title ten, of the Code of Civil Procedure, with respect to controversies arising out of insurance issued to self-employing persons under the provisions of this act. Such con- troversies may be submitted to it by the signed agreement of the par- ties, or by the application of one party and the submission of the other to its jurisdiction, with or without an express request for arbitration. The state compensation insurance fund must submit to the commission, the consent of the other i)arty being obtained, all controversies suscejv tible of being arbitrated under this section. In acting as arbitrator under the provisions of this section, the commission shall have all the powers which it may lawfully exercise in compensation cases, and its findings and award upon such arbitration shall have the same conclusive- ness and be subject to the same mode of reopening, review and enforce- ment as in compensation cases. No fee or cost shall be charged by the commission to any party for arbitrating the issues presented under this section. §58. Controversies over injuries outside of state. The commission .sliall have jurisdiction over all controversies arising out of injuries suf- 1025 MASTER x\ND SERVANT. Act 2143e, § 59 fered without tho territorial limits of this state in those cases where the injured employee is a resident of this state at the time of the in- jury and the contract of hire was made in this state, and any such employee or his dependents shall be entitled to the compensation or death benefits provided by this act. § 59. Reference of cases. The commission may upon the agreement of the parties, upon the application of either, or of its own motion, and either with or without notice, direct and order a reference in the follow- ing cases: (1) To try any or all of the issues in any proceeding before it, whether of fact or of law, and to report a finding, order, decision or award to be based thereon. (2) To ascertain a fact necessary to enable the commission to deter- mine any proceeding before it or to make any order, decision or award that tho commission is authorized to malce under this act, or that is necessary for the information of the commission. (b) Referees. The commission may appoint one or more referees in any proceeding, as it may deem necessary or advisable, and may refer matters arising out of the same proceeding to different I'eferees. It may also, in its discretion, appoint general referees who shall hold office during the pleasure of the commission. Any referee appointed by the commission shall have such powers, jurisdiction and authority as is granted under the law, by the order of appointment and by the rules of the commission, and shall receive such salary or compensation for his services as may be fixed by the commission. (c) Objection to appointments. Any party to the proceeding may object to the appointment of any person as referee upon any one or more of the grounds specified in section six hundred forty-one of the Code of Civil Procedure and such objection must be heard and disposed of by the commission. Affidavits may be read and witnesses examined as to such objections. (d) Oath of referee. Before entering upon his duties, the referee must be sworn before an officer authorized to administer oaths, faithfully and fairly to hear and determine the matters and issues referred to him, and to make just findings ;ind report according to his understanding. (e) Report of referee. The referee must report his findings in writing to the commission within fifteen days after the testimony is closed. Such report shall be made in the form prescribed by the commission and shall include all matters required to be included in the order of refer- ence or by the rules of the commission. The facts found and conclusions of law must be separately stated. (f) Order, etc., based on report of referee. Upon the filing of the report of the referee, the commission may confirm, adopt, modify or set aside the same or any part thereof and may, either with or without fur- ther proceedings, and either with or without notice, enter its order, find- ings, decision or award based in whole or in part upon the report of the referee, or upon the record in the case. 65 Act 2143c, §§ 60, 61 general laws. 1026 (g) Hearings by referees. The provisions of the preceding subdivi- sions of this section shall not be construed to prevent the commission from requiring its referees merely to hold hearings and to make return of the testimony to the commission. § 60. Commission not bound by statutory rules of evidence and pro- cedure. » (a) All hearings and investigations before the commission or any member thereof, or any referee appointed thereby, shall be governed by this act and by the rules of practice and procedure adopted by the commission, and in the conduct thereof neither the commission nor any member thereof, nor any referee appointed thereby, shall be bound by the common law or statutory rules of evidence and procedure, but may make inquiry in such manner, through oral testimony and written and printed records, as is best calculated to ascertain the substantial rights of the parties and carry out justly the spirit and provisions of this act. No informality in any proceeding or in the rflanner of taking testimony shall invalidate any order, decision, award, rule or regulation made, approved or confirmed by the commission; nor shall any order, award, rule or regulation be invalidated because of the admission into the record, and use as proof of any fact in dispute, of any evidence not admissible under the said conimon law or statutory rules of evidence and procedure. (b) Depositions. The commission, or a commissioner or referee, or any party to the action or proceedings, may, in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state, and to that end may compel the attendance of witnesses and the production of books, documents, papers and accounts; provided, that depositions taken outside of the state may be taken before an}' officers authorized to administer oaths. § 61. Power of commission to administer oaths, etc. Witness fees and mileage. The commission and each member thereof, its secretary, assist- ant secretaries and referees, shall have power to administer oaths, certify to all official acts, and to issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the state. Each witness who shall apj^ear, b^^ order of the commission or a member thereof, or a referee appointed thereby, shall be entitled to receive, if demanded, for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpoenaed, unless other- wise ordered by the commission. When any witness who has not been required to attend at the request of any party is subpoenaed by the commission, his fees and mileage may be paid from the funds appropri- ated for the use of the commission in the same manner as other expenses of the commission are paid. Any witness subpoenaed, except one whose fees and mileage may be paid from the funds of the commission, may, at the time of service, demand the fee to which he is entitled for travel to and from the place at which he is required to appear, and one day's 1027 MASTEH AND SERVANT. Act 2143c, §§ 62, 63 attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, he shall not be required to attend before the commission, member thereof, or referee as directed in the subpoena. All fees and mileage to which any witness is entitled, under the provisions of this section, may be collected by action therefor instituted by the person to whom such fees are payable. § 62. Power of superior court to compel attendance of witnesses, etc. The superior court in and for the county, or city and county, in which any inquiry, investigation, hearing or proceeding may be held by the commission or any member thereof or referee appointed thereby, shall have the power to compel tlie attendance of witnesses, the giving of testimony and the production of papers, including books, accounts and documents, as required by any subpoena issued, by the commission or member thereof or referee. The commission or any member thereof or the referee, before whom the testimony is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, may report to the superior court in and for the county, or city and county, in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witness, or the production of said papers, and that the witness has been subpoenaed in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers required by the subpoena, or has refused to answer qnustions propounded to him in the course of such proceeding, and ask an order of said court, compelling the wdtness to attend and testify or produce' said papers before the commission. The court, upon the petition of the commission or such member thereof or referee, shall enter an order directing the w^itness to appear before the court at a time and place to be fixed by the court in feuch order, the time to be not more than ten days from the date of the order, and then and there show cause why he had not attended and testified or produced said papers before the commission, member thereof or referee. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the commission or member thereof or referee and that the witness was legally bound to comply therewith, the court shall thereupon enter an order that said witness appear before the commission or member thereof or referee at a time and place to be fixed in such order, and testify or produce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court. The remedy provided in this section is cumula- tive, and shall not be construed to impair or interfere w^ith the power' of the commission or a member thereof to enforce the attendance of witnesses and the production of papers, and to punish for contempt in the same manner and to the same extent as courts of record. § 63. General power of commission, (a) The commission is hereby vested with full power, authority and jurisdiction to do and perform any and all things, whether herein specifically designated, or in addition thereto, which are necessarj^ or convenient in the exercise of any power, authority or jurisdiction conferred upon it under this act. Act 2143c, § 64 general laws. 1028 (b) Power to issue writs, etc. The commission and each member thereof shall have power to issue writs or summons, warrants of attach- ment, warrants of commitment and all necessary process in proceedings for contempt, in like manner and to the same extent as courts of record. The process issued by the commission or any member thereof shall extend to all j^arts of the state and may be served by any persons authorized to serve process of courts of record, or by any person desig- nated for that purpose by the commission or any member thereof. The person executing any such process shall receive such compensation as may be allowed by the commission, not to exceed the fees now prescribed by law for similar services, and such fees shall be paid in the same man- ner as jirovided herein for the fees of witnesses. § 6i. Application for rehearing, (a) Any party or person aggrieved directly or indirectly by any final order, decision, award, rule or regu- lation of the commission, made or entered under any provision contained in this act, may apply to the commission for a rehearing in respect to any matters determined or covered by such final order, decision, award, rule or regulation and specified in the application for rehearing within the time and in the manner hereinafter specified, and not otherwise. (b) No cause for action unless application for rehearing. No cause of action arising out of any such final order, decision or award shall accrue in anj' court to any person until and unless such person shall have made application for such rehearing, and such application shall have been granted or denied; provided, that nothing herein contained shall be construed to prevent the enforcement of any such final order, decision, award, rule or regulation in the manner provided in this act. - (c) Grounds for application. Such application shall set forth spe- cifically and in full detail the grounds upon which the applicant considers said final order, decision, award, rule or regulation is unjust or unlawful, and every issue to be considered by the commission. Such applica- tion must be verified upon oath in the same manner as required for veri- fied pleadings in courts of record and must contain a general statement of any evidence or other matters upon which the applicant relies in sup- port thereof. The applicant for such hearing shall be deemed to have finally waived all objections, irregularities and illegalities concerning the matter upon wliich such rehearing is sought other tlian those set forth in the application for such rehearing. Cd) Service upon adverse parties. A copy of such application for rc- licaring shall be served forthwith upon all adverse parties by the party applying for such rehearing, and any such adverse party may file an answer thereto within ten days thereafter. Such answer must likewise be verified. The commission may require the application for rehearing to be served on such other perso7is or parties as may be designated by it. (o) Rehearing. Upon filing of an application for a rehearing, if the issues raised thereby have theretofore been adequately considered by the commission, it may determine the same by confirming without hearing its previous determination, or if a rehearing is necessary to determine the issues raised, or any one or more of such issues, the commission ^hall 1029 MASTER AND SERVANT. Act 2143c, §§ 65, (J6 order a rehearing thereon and consider and determine the matter or matters raised by such application. If at the time of granting such rehearing it shall appear to the satisfaction of the commission that no suffi- cient reason exists for taking further testimony, the commission may recon- sider and redetermine the original cause without setting a time and place for such further rehearing. Notice of the time and place of such hear- ing, if any, shall be given to the applicant and adverse parties, and to such other persons as the commission may order. (f) Changing order, etc. Action within thirty days. If after such re- hearing and a consideration of all tlie facts, including those arising since the making of the order, decision or award involved, the commission shall be of the opinion that the original order, decision or award, or any part thereof, is in any respect unjust or unwarranted, or should be changed, the commission may abrogate, change or modify the same. An order, decision or award made after such rehearing, abrogating, changing or modifying the original order, decision or award, shall have the same force and effect as an original order, decision or award, but shall not affect any right or the enforcement of any right arising from or by vir- tue of the original order, decision or award, unless so ordered by the commission. An application for a rehearing shall be deemed to have been denied by the commission unless it shall have been acted upon within thirty days from the date of filing; provided, however, that the commission may, upon good cause being shown therefor, extend the time within which it may act upon such application for not exceeding thirty days. § 65, Grounds for rehearing of order awarding compensation, (a) At any time within twenty days after the service of any final order or de- cision of the commission awarding or denying compensation, or arising out of or incidental thereto, any party or parties aggrieved thereby may apply for such rehearing upon one or more of the following grounds and upon no other grounds: (1) That the commission acted without or in excess of its powers. (2) That the order, decision or award was procured by fraud. (3) That the evidence does not justify the findings of fact. (4) That the applicant has discovered new evidence material to him, which he could not, with reasonable diligence, have discovered and pro- duced at the hearing. (5) That the findings of fact do not support the order, decision or award. (b) Nothing contained in this section shall, however, be construed to limit the grant of continuing jurisdiction contained in subsection (d) of section twenty of this act. § 66. Grounds for rehearing of order not pertaining to compensation. (a) At any time within twenty days after the service of any final order, decision, rule or regulation, other than an order or award pertaining to compensation, any party or parties, person or persons, aggrieved thereby or otherwise affected, directly or indirectly, may apply for such rehearing upon one or more of the following grounds and upon no other grounds: (1) That the commission acted without or in excess of its powers. Act 2143c, § 67 general laws. 1030 (2) That the order or decisioii was x^rocured by fraud. (3) That the order, decision, rule or regulation is unreasonable. (b) Eight of commission to adopt new rules, etc. Nothing contained in this section shall be construed to limit the right of the commission, at any time and from time to time, to adopt new or different rules or regulations or new or different standards of safety, or to abrogate, change or modify any existing rule, regulation or standard, or any part thereof, or deprive the commission of continuing jurisdiction over the same-, or to prevent the enforcement in the manner provided by this act, of any rules, regulations or standards of the commission," or any part thereof, when so adopted, or changed, or modified. §67. Application for writ of review, (a) Within thirty days after the application for a rehearing is denied, or, if the application is granted, within thirty days after the rendition of the decision on the rehearing, any party affected thereby may apply to the supreme court of this state, or to the district court of appeal of the appellate district in which such person resides, for a writ of certiorari or review, hereinafter referred to as a writ of review, for the purpose of having the lawfulness of the original order, rule, regulation, decision or award, or the order, rule, regulation, decision or award on rehearing inquired into and determined. (b) Record of commission. Such writ shall be made returnable not later than thirty days after the date of the issuance thereof, and shall direct the commission to certify its record in the case to the court. On the return day the cause shall be heard in the court unless for good causp the same be continued. No new or additional evidence may be introduced in such court, but the cause shall be heard on the record of the commission as certified to by it. The review shall not be extended further than to determine whether: (1) The commission acted without or in excess of its powers. (2) The order, decision or award was procured by fraud. (.3) The order, decision, rule or regulation was unreasonable. (4) If findings of fact are made, such findings of fact support the order, decision or award under review. (c) Judgment of court. The findings and conclusions of the commis- sion on questions of fact shall be conclusive and final and shall not be .subject to review; such questions of fact shall include ultimate facts and the findings and conclusions of the commission. The commission and each party to the action or proceeding before the commission shall have the right to appear in the review proceeding. Upon the hearing tlie court shall enter judgment either affirming or setting aside the order, decision or award or may remand the case for further proceedings before the commission. (d) Jurisdiction of courts limited. The provisions of the Code of Civil Procedure of tiiis state rehiliiig to writs of review shall, so far as appli- cable and not in conflict with this act, apply to proceedings in the courts under the provisions of this section. No court of this state, ex- cept the supreme court and the district courts of appeal to the extent herein specified, shall have jurisdiction to review, reverse, correct or annul 1031 MASTER AND SERVANT. Act 214oe, §§ 68, ()!J any order, rule, regulation, decision or award of the commission, or to sus- pend or delay the operation or execution thereof, or to restrain, enjoin or interfere with the commission in the performance of its duties; provided, that a writ of mandamus shall lie trom the supreme court or the district courts of appeal in all proper cases. § 68. Order, etc., suspended by application for rehearing. Tlie filing of an application for a rehearing shall have the effect of suspending the order, decision, award, rule or regulation affected, in so far as the same applies to the parties to such application, unless otherwise ordered by the commission, for a period of ten days, and the commission may, in its discretion and upon such terms and conditions as it may bj' order direct, stay, suspend or postpone the same during the pendency of such rehearing. (b) Stay of order by court. The filing of an application for, or the pendency of, a writ of review, shall not of itself stay or suspend the operation of the order, decision, award, rule or regulation of the com- mission subject to review, but the court before which such application is filed may, in its discretion, stay or suspend in whole or in part the operation of the order, decision, award, rule or regulation of the com- mission subject to review, upon such terms and conditions as it may by order direct, except as provided in the following subsection. (c) Written undertaking by petitioner. The operation of any ordfM- or award entered by the commission under the provisions of sections six to thirty-one, inclusive, of this act, or any judgment entered thereon, shall not at any time be stayed by the court to which petition is made for a writ of review, unless a written undertaking be executed on the part of the petitioner by two or more sureties, to the effect that they are bound in double the amount named in such order, award or judgment; that if the order, award or judgment appealed from, or any part thereof, be afiirmed, or the proceeding upon review be dismissed, the petitioner shall pay the amount directed to be paid by the order, award or judgment, or the part of such amount as to which the order, award or judgment is affirmed, if affirmed only in part, and all damages and costs which may be awarded against the petitioner; and that, if the said petitioner does not make such payment within thirty days after the filing with the commission of the remittitur from the reviewing court, judgment may be entered, on motion of the adverse party, in his favor, and to which the said undertaking may be transferred, in any superior court in which a certified copy of the order or award may be filed aga\nst the sureties for such amount, together with interest that may be due thereon, and the damages and costs which may be awarded against the said petitioner. The provisions of the Code of Civil Procedure, except in so far as they may be inconsistent with this act, are applicable to said undertaking. Such undertaking shall be filed with the commission, and the certificate of the commission, or any proper officer thereof, of the filing and approval of such undertaking, is sufficient evidence of the compliance of the peti- tioner with the provisions of this subsection. §69. Interpretation by court, (a) Whenever this act, or any part or section thereof, is interpreted by a court, it shall be liberally construed Act 2143c, § 70 GENEKAL LAWS. 1032 by such court with the purpose of extending the benefits of the act for the protection of persons injured in the course of their employment. (b) Constitutionality. If any section, subsection, subdivision, sen- tence, clause or phrase of this act is for any reason held to be unconstitu- tional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereb}- declares that it would have passed this act, and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdi\isions, sentences, clauses or phrases is declared un- constitutional. (c) Employers engaged in interstate commerce. This act shall not be construed to apply to employers or employments which, according to law, are so engaged in interstate commerce as not to be subject to the legislative power of the state, or to employees injured while they are so engaged, except in so far as this act may be permitted to apply under the provisions of the constitution of the United States or the acts of congress. § 70. Other employers may come under provisions of act. (a) Any employer, having in his employment any employee not included with the term "employee" as defined by section eight of this act or not entitled to compensation under this act, and any such employee, may, by their joint election, elect to come under the compensation provisions of this act in the manner hereinafter provided. (b) Other employers may come under provisions of act. Such election on the part of the employer shall be made by filing with the commission a written statement to the effect that he accepts the compensation pro- visions of this act, which, when filed, shall operate, within the meaning of section six of this act, to subject Mm to the compensation provisions thereof, and of all acts amendatory thereof, for the term of one year from the date of filing, and thereafter without further act on his part, for successive terms of one year each, unless such employer shall, at least sixty days prior to the expiration of such first or succeeding year, file in the office of the commission a notice in writing that he withdraws his election. Such acceptance shall be held to include employees whose employment is both casual and not in the course of the trade, business, profession or occupation of the employer, unless expressly excluded there- from. In case any employer is insured against liability for compensa- tion under this act, he shall bo deemed to have so elected during the |)eriod that siicli policy shall remain in force, without filing such written notice with the commission, as to all classes of employees covered by such policy of insurance, anything in this act to the contrary notwith- standing. (c) Other employers subject to compensation privileges when. Any employee in the service of any employer who has made an election in fithor of the modes above prescribed, shall be deemed to have accepted, ;ind shall, within the meaning of section six of this act, be subject to the comf)onsatinn provisions of this act, and of any act amendatory thereof, if, at tlu' time ot the injury for wliicli liability is claim(proved April 12, 1915, and designated chapter fifty-six of the Statutes of 1915, is hereby repealed. ACT 2143e. An act establishing and defining the jurisdiction of the industrial acci- dent commission of the state of California and of the railroad com- mission of the state of California over the safety of employees of public utilities. [Approved May 9, 1917. Stats. 1917, p. 296. In effect July 27, 1917.] § 1. Jurisdiction of industrial accident commission over safety of em- ployees of public utilities. The industrial accident commission of the state of California is hereby vested with jurisdiction, as provided in the workmen's compensation, insurance and safety act of one thousand nine hundred seventeen, and acts amendatory thereof, subject to the provi- sions of section three hereof, over the safety of employees of steam rail- roads employed in shops devoted to the construction or repair of railroad equipment; the safety of employees of electric interurban or street rail- roads, employed in the generation, transmission or distribution of electric energy, or in shops devoted to the repair of railroad equipment, or in. any nonpublic utility operation of such railroads; and the safety of em- ployees of all other public utilities as such utilities are defined in the public utilities act. § 2. Jurisdiction of railroad commission not affected. The jurisdic- tion vested in the industrial accident commission of the state of Cali- fornia bjr section one hereof shall in no instance, except those affecting exclusively the safety of employees, be construed to impair, diminish or in any way affect the jurisdiction of the railroad commission of the state of California over the construction, reconstruction, replacement, mainte- nance or operation of the properties of public utilities as defined in the public utilities act, or over any matter affecting the relationship between such public utilities and their customers or the general public. § 3. Power of railroad commission. If the industrial accident com- mission, in the exercise of the authority and jurisdiction conferred by this act, makes or issues any order, decision, ruling or direction, which, in the judgment of the railroad commission, unduly and prejudicially in- terferes with the construction or operation of any public utility affected thereby, or with the public, or with a consumer or other patron of a pub- lic utility affected thereby, the railroad commission, of its own motion, or upon application of any utility or person so affected, may suspend. Act 2143f, §§ 1, 2 GENERAL LAWS. 1036 modify, alter, or annul such order, decision, ruling or direction of the industrial accident commission, and the action of the railroad commis- sion in that regard shall supersede and control the order, decision, ruling or direction of the industrial accident commission previously made in the premises. § 4. Act of April 22, 1911, unaffected. This act shall not be construed to repeal or modify the act entitled "An act regulating the placing, erec- tion, use and maintenance of electric poles, wires, cables and appliances, and providing the punishment for the violation thereof," approved April 22,. 1911, as amended. ACT 2143f. An act to provide for the protection of beneficiaries of workmen's com- pensation insurance policies against the default or insolvency of in- surance carriers issuing such policies by requiring such carriers to provide security for the payment of such compensation. [Approved May 9, 1917. Stats. 1917, p. 292. In effect July 27, 1917. J § 1. Workmen's compensation insurance carrier to file bond. Every insurance carrier, except the state compensation insurance fund, trans- acting the business of workmen's compensation insurance in this state, shall on the first day of October, A. D. 1917, file in the office of the in- surance commissioner of this state a bond in favor of said insurance com- missioner as trustee for the beneficiaries of awards of compensation ren- dered by the industrial accident commission, executed by said carrier and some surety company or companies approved by said insurance com- missioner and authorized to transact the business of suretyship in this state. Said bond shall be in an amount not less than the reserve for out- standing losses of said insurance carrier on compensation insurance in this state on December 31, A. D. 1916, calculated as prescribed by the laws of tills state, nor for more than double the amount of said reserve, but in no case for less than the sum of one hundred thousand dollars. § 2. Bond to provide for payment of awards by surety. It shall be provided in said bond tiiat, in tlie event said insurance carrier shall fail to pay any award or awards which shall be rendered against it by said industrial accident commission, within thirty days after the same become final, the said surety will forthwith pay, to the e-xtent of its liability under said bond, said award or awards to said insurance commissioner as trustee for said beneficiaries. Said bond shall further provide that, if said insurance carrier shall suspend payment or become insolvent or a receiver shall be appointed therefor, the said surety will pay said awards, to the extent of its liability under said bond, upon the expira- tion of thirty days after the same become final, without regard to any proceedings for the liquidation or reinstatement of said insurance car- rier. It shall be further provided in said bond, but as a cumulative rem- edy only, that, in the event said insurance carrier shall fail to pay any award which shall be rendered against it by said iiidustrial accident com- mission within thirty days after the same becomes final, an award may ])e rendered by said commission against said surety and in favor of said insurance commissiouer as trustee for the beneficiary of said award with- 1037 MASTER AND SERVANT. Act 2143f, §§ 3-5 out notice to said surety for tlie amount of the unpaid portion of said award against said carrier. Said industrial accident commission is hereby vested with the same full pojjver, authority and jurisdiction as to «uch awards against said sureties in such cases as it has over said insur- ance carrier, and it shall issue a certified copy thereof upon the appli- cation of any party affected thereby. Said party may file a certified copy of any such award in the office of the clerk of the superior court of any county or city and county of the state of California, and, upon the filing of the same, said clerk shall immediately enter a judgment thereon against said surety. Said certified copy of said award and said judgment shall constitute the judgment-roll and shall conclusively estab- lish the liability of said surety without any additional evidence in any and all proceedings to renew said judgment or to enforce the payment thereof. Said bond shall provide for the payment of all legal costs, in- cluding reasonable attorneys' fees, incurred in all actions or proceedings taken to enforce payment of said bonds or payment of said awards or said judgments against said surety. No stay of execution of any such judgment shall be granted except upon the order of said industrial acci- dent commission. Nothing herein contained shall operate to enlarge the liability of said surety beyond the penal sum of its bond. Payment of awards by said surety aggregating the amount of its bond shall consti- tute a full discharge of all liability under said bond. § 3. Filing of new bond each year. Every such insurance carrier shall on or prior to the first day of July of the year A. D. 1918, and of each succeeding year, file in the ofiice of the insurance commissioner of this state a new bond conditioned as aforesaid in an amount not less than the amount of the reserve for outstanding losses of said insurance car- rier on compensation insurance in this state on the thirty-first day of the month of December of the preceding year, as shown by its last report of said business filed in the office of said insurance commissioner, nor for more than double the amount of said reserve, but in no case for less than the sum of one hundred thousand dollars, except where said insur- ance carrier has ceased to do such business in this state, in which case said bond shall be fixed by said insurance commissioner at such amount as he may deem sufficient for the protection of the beneficiaries of the policies of such insurance carrier. Upon the filing of said new bond, approved as herein required, and not until such filing and approval, all liability under the previous bond shall thereby terminate. Said new bond shall embrace the entire liability of said previous bond except in so far as the same may have been paid or discharged. § 4. Financial ability of surety. Said insurance commissioner shall, before approving any such bond, satisfy himself of the financial ability of the surety to assume the obligations imposed thereby, and no com- pany shall be accepted by him as surety which shall have assumed obli- gations in excess of the limits prescribed by standards of suretyship recognized as reasonable and proper and which it shall be the duty of said commissioner to promulgate for uniform application in such cases. §5. No authorization issued until bond filed. No authorization shall be issued or renewed to any insurance carrier to transact the business of Aet2143f, §§ 6-10 general laws. 1038 workmen's compensation iusuiance in this state, until it has filed said bond with the insurance commissioner and the same has been approved by him. It shall be the duty ol the insurance commissioner to notify the industrial, accident commission of the approval and filing of every bond given pursuant to the provisions of this act. § 6. Additional bond. The insurance commissioner shall have the right, and it shall be his dut}', to require any such insurance carrier at any time to file an additional bond, conditioned as aforesaid, if the amount of the bond then on file is in his judgment insufficient to cover the liability of said insurance carrier for said compensation, or if the surety on said bond has become insufficient in the judgment of the said commissioner. § 7. Liability of two or more sureties. Two or more surety companies may be accepted as sureties on said bond, or separate bonds may be exe- cuted by different sureties for amounts aggregating the sum specified by the said commissioner. In such cases each of said sureties shall be jointly and severalh- liable to the extent of the amount of the liability assumed by it. § 8. Liability of sureties. The liability of the sureties under the bonds hereby required to be given shall be the entire liability of the principals named therein, not exceeding the amount of said bonds or the limit of the liability assumed by any such surety, for the payment of awards of compensation rendered or to be rendered against said prin- cipals by said industrial accident commission under the terms of the workmen's compensation insurance and safety act and acts amendatory thereof and supplementary thereto, without regard to the time when the injury upon which an award was based may have occurred, but said bond shall not include any other liability of said carrier nor shall any payment made under any such bond by said surety be applied otherwise than in satisfaction of awards of compensation rendered by said industrial acci- dent commission. § 9. Insurance commissioner may act as trustee. Full power and au- thority is hereby conferred upon said insurance commissioner to act as trustee for all beneficiaries under awards rendered by said industrial accident commission, and he may take assignments in his own name as trustee and as such he shall have the authority to institute and maintain actions against said sureties, and, upon the collection by him by suit or otherwise of the anu)unt of said awards, he shall pay the same to the parties entitled thereto. The payment of any such award or part thereof by said insurance commissioner shall constitute a satisfaction thereof to the extent of the payment made and, in the event any judgment shall have been entered on any such award, the said commissioner shall file a satisfaction thereof, to the extent of said payment, in the office of the clerk of the court wherein such judgment has been entered. § 10. Right of surety to require new bond of principal. Any such surety shall have tiie right to require the princii)al on its bond, on thirty days' notice, to furnish a new bond, to be approved by the insurance commissioner as in other cases, and, in the event of a failure to do so, 1039 MASTER AND SERVANT. Act 2144a said principal shall forfeit the right to continue to issue compensation policies in this state. § 11. Deposit of security with state treasurer. Any compensation in- surance carrier may, in lieu of said bond and subject to the same condi- tions, deposit with the state treasurer, through the insurance commis- sioner, fVom time to time as may be demanded by said commissioner, cash or approved interest-bearing securities readily convertible into cash, equal to the reserves for outstanding losses required by section six hun- dred two (a) of the Political Code at the time of said deposit, on the compensation business of said carrier in the state of California, calcu- lated as hereinbefore provided, as security for the payment of its obli- gations on said business done in this state, and said deposit shall not be withdrawn except upon the written order of the insurance com- missioner in payment of compensation claims, but shall be forthwith payable by the state treasurer to the insurance commissioner upon such order; provided, that any such deposit, or any remainder thereof, may be repaid to such carrier upon satisfactory showing to the insurance commissioner that every liability to pay compensation shall have been reinsured with a solvent carrier or fully paid and discharged. Said deposit shall be used only for the payment of compensation claims so long as there shall remain unpaid any such claim or any part thereof. § 12. Kevocation of certificate. The insurance commissioner shall have power to revoke the certificate of authority to transact compensa- tion insurance business in this state of any insurance carrier failing to comply with the requirements of this act. ACT 2144a. An act to promote the general welfare of the people of this state as affected by accident causing the injury or death of employees in the course of their employment, by creating a liability on the part of employers to compensate such employees and their dependents for such accidental injury or death irrespective of the fault of either party, and providing the means and methods of enforcing such liability; and creating a "state compensation insurance fund" to insure employers against such liability and providing for its ad- ministration and regulating such insurance by other insurance carriers; and requiring safety in all employments and places of employment in this state and providing the means and methods of enforcing such safety; and requiring re^jorts of industrial accidents; and providing penalties for offenses by employers, their officers, agents, and by employees and other persons and corporations; and creating an industrial accident commission, providing for its organ- ization, defining its powers and duties and providing for a review of its orders, decisions and awards; and appropriating moneys to carry out the provisions of this act; and repealing all acts and parts of acts inconsistent with the provisions of this act. [Approved May 26, 1913. Stats. 1913, p. 279.] Amended 1915, pp. 913, 1079, 1302. Sections 2, 12-35, 51-87 repealed May 23, 1917; Stats. 1917, p. 831. See Act 2143c. Acts 2144g, 2164 general laws. 1040 ACT 2144g. An act requiring employers who provide hospital service for their em- ployees and who make a charge therefor, to keep books, records and accounts of all such charges, and to make an annual written re- port thereof; requiring each such charge to be just and reasonable and to be devoted to no other purpose than such hospital service; and prescribing penalties for violations of the provisions thereof. [Approved June 8, 1915. Stats. 1915, p. 1310.] Amended 1917; Stats. 1917, p. 83. The amendment of 1917 follows: § 3. Hospital charges must be just. Every such hospital charge de- manded, collected or received by an employer shall be just and reason- able. The railroad commission is hereby given authority to decide what is an unreasonable charge in all cases where such charge is made by a hospital maintained by a common carrier by rail, and in all cases where the charge is made by a hospital maintained by other than a common carrier by rail, the industrial accident commission is hereby given author- ity to decide what is an unreasonable charge. [Amendment approved April 6, 1917; Stats. 1917, p. 83.] § 5. Common carrier subject to railroad commission. Other employers under industrial accident commission. Every common carrier by rail employer who is under a duty to render the report referred to in section two of this act shall be subject to the jurisdiction, control and regula- tion of the railroad commission in respect to auditing and inspection of all books, records and accounts and to enforce its orders in the same manner and to the same extent as said commission now possesses over any public utility that is subject to the provisions of the "public utilities acts" of this state, approved December 23, 1911, as amended June 11, 1913, and June 14, 1913, and all acts amendatory thereof or supplemental thereto. Every employer coming under the provisions of this act shall be required to post a copy of this statement or report upon all bulletin- boards at terminals or in a conspicuous place where employees can read such statement or report. Every employer other than a common carrier ]>y rail, who is under a duty to render the report referred to in sec- tion two of this act, shall be subject to the jurisdiction, control and regulation of the industrial accident commission in respect to the audit- ing and inspe<;tiou of all books, records and accounts and the authority is hereby conferred upon said industrial accident commission to enforce l)y appropriate orders and processes the provisions of this act. The written report required by section two hereof when made by a common carrier by rail shall be filed with the railroad commission. All other writ ten if|)orts required by sci-tion two hereof shall be filed with the industrial accident commission. |Ani(>ndnuMit apjirovod Ai)ril (i, 1917; Stats. 1917, p. 83.] TITLE 336. MEDIf^FNE. ACT 2164. An act to regulate the examinati.un of aiiidicunts for license, and the [(lactice of those licensed, to treat diseases, injuries, deformities, 1041 MEDICINE. Act 2164, § 2 or other physical or mental conditions of human beings; to establish a board of medical examiners, to provide for their appointment and prescribe their powers and duties, and to repeal an act entitled "An act for the regulation of the practice of medicine and surgery, osteopath}', and other systems or modes of treating the sick or afflicted, in the state of California, and for the appointment of a board of metlical examiners in the matter of said regulations," ap- proved March 14, 1907, and acts amendatory thereof, and also to repeal all other acts and parts of acts in conflict with this act. [Approved June 2, 1913. Stats. 1913, p. 722.] Amended 1915, p. 184; 1917, p. 93. The amendment of 1917 follows: § 2. Board of medical examiners organized. Meetings. Applications for certificates. Directory of practitioners. Fees. Forfeiture of license and restoration. Surplus receipts. The board shall be organized on or before the first Tuesday of September, 1913, by electing from its number a president, vice-president, and a secretary who shall also be the treas- urer, who shall hold their respective positions during the pleasure of the board. The board shall hold one meeting annually beginning on the third Monday in October in the city of Sacramento and at least two additional meetings annually, one of which shall be held in the city of Los Angeles, and the other in the city of San Francisco, with poWer of adjournment from time to time until its business is concluded; provided, however, that examinations of applications for certificates may, in the discretion of the board, be conducted in any part of the state designated by the board. Special meetings of the board may be held at such time and place as the board may designate. Notice of each regular or special meeting shall be given twice a week for two weeks next preceding each meeting in one daily paper published in the city of San Francisco, one published in the city of Sacramento, and one published in the city of Los Angeles, which notice shall also specify the time and place of holding the examination of applicants. The secretary of the board upon an authorization from the president of the board or the chairman of a com- mittee, may call meetings of any duly appointed committee of the board at a specified time and place and it shall not be necessary to advertise such committee meetings. The board shall receive through its secretary applications for certificates provided to be issued under this act and shall, on or before the first day of January of each year, transmit to the governor a full report of all its proceedings together with a report of its receipts and disbursements. The board shall, on or before the first day of January of each year, compile and may thereafter publish and sell, a complete 'directory giving the addresses of all persons wdthin the state of California who hold unrevoked licenses to practice under any medical practice act of the state of California, which license shall in any manner authorize the treatment of human beings for diseases, in- juries, deformities, or any other physical or mental conditions. The board is hereby authorized to require said persons to furnish such in- formation as it may deem necessary to enable it to compile the directory. 66 Act 2164, § 8 GENERAL LAWS. 1042 The directory shall contain in addition to the names and addresses of said persons, the names and symbols indicating the title, name or names, school or schools, which such person has attended and from which graduated, the date of issuance of the license, the present residence of said person and a statement of the form of certificate held. The directory shall be prima facie evidence of the right of the person or persons named therein to practice. It shall be the duty of every person holding a license to practice under any medical act of this state, or who may hereafter be so licensed to practice, to report immediately each and every change of residence, giving both the old and the new address. To comply with the provisions of this section relating to the compilation, publication and sale of a directory in addition to the fee required for the filing of any application, or the issuance of any certificate hereinafter provided for, each licentiate granted a certificate under the provisions of this act, or any preceding medical practice act of the state of Cali- fornia, shall, on or before the first day of January of each year, pay to the secretary-treasurer of the board of medical examiners an annual tax and registration fee of two dollars ($2). Eeceipt or acknowledgment of payment by the secretary-treasurer shall be evidence that the holder and possessor of such certificate is entitled to practice the particular system for which he was granted such certificate for a period of one year from the first day of January; but notwithstanding the possession by any -certificate-holder of such receipt or acknowledgment of payment, the license or certificate issued to such licentiate to practice any system recognized by this or any preceding medical practice act of the state of California, may, at any time, be forfeited or revoked for a violation of the further provisions and requirements of this act. The failure, neglect and refusal of any person holding a license or certificate to practice a system under this or any preceding medical practice act of the state of California, to pay said annual tax of two dollars ($2) during the time his or her license remains in force, shall, after a period of sixty days from the first day of January of each year, ipso facto, work a forfeiture of his or her license or certificate, and it shall not be restored except upon the written application therefor, and the payment to the said board of a fee of ten dollars ($10) except that such licentiate who fails, refuses or neglects to pay such annual tax within a period of sixty days after the first day of .January of each year shall not be required to submit to an examination for the reissuance of such certificate. It shall be the duty of the executive officer herein designated as the secretary-treasurer of said board of medical examiners to mail to the last known address of each licentiate who has paid said annual tax a copy of the said direc- tory, and all new issues thereof and copies of all supplements thereto. The receipts of the said annual tax referred to herein shall be paid into the contingent fund of the board of medical examiners of California, and after the expenses of issuing said directories have been paid, in the event that there shall be a surplus of such funds, the board may from time to time, in its discretion, apply said surplus for any other expenses incurred by the board under the provisions of this act. [Amendment approved April 11, 1917; Stats. 1917, p. 94.] § 8. Forms of certificates. "Physician and surgeon certificate." "Drugless practitioner certificate." Chiropody certificate. Midwifery 1043 MEDICINE. Act 2164, § 9 certificate. Reciprocity certificate. Four forms of certificates shajl be issued by said board under the seal thereof and signed by the president and secretary; first, a certificate authorizing the holder thereof to use drugs or what are known as medicinal preparations in or upon human beings and to sever or penetrate the tissues of human beings and to use any and all other methods in the treatment of diseases, injuries, deformi- ties, or other physical or mental conditions, which certificate shall be designated "physician and surgeon cetificate"; second, a certificate au- thorizing the holder thereof to treat diseases, injuries, deformities, or other physical or mental conditions without the use of drugs or what are known as medicinal preparations and without in any manner severing or penetrating any of the tissues of human beings except the severing of the umbilical cord, which certificate shall be designated "drugless prac- titioner's certificate"; third, a certificate authorizing the holder thereof to practice chiropody; for the purpose of this act chiropody is defined to be the surgical treatment of abnormal nails and superficial excrescences occurring on the feet, such as corns, callosities, and the treatment of bunions; but it shall not confer the right to operate upon the feet for congenital or acquired deformities, or for conditions requiring the use of anesthetics other than local, or incisions involving structures below the level of the true skin; fourth, a certificate to practice midwifery which shall be in the form designated by the board and in conformity with this act. Such certificate shall entitle the holder thereof to attend eases of childbirth. As used in this act, the practice of midwifery mean? the furthering or undertaking by any person to assist a woman in normal childbirth, but it does not include at any childbirth the use of any instrument, except such instrument as is necessary in severing the um- bilical cord, nor the assisting of childbirth by any artificial, forcible or mechanical means, nor the performance of any version, nor the removal of adherent placenta, nor the administering, prescribing, advising or employing in childbirth of any drug, other than a disinfectant or cathar- tic. The provisions hereof shall not authorize any midwife to practice medicine and surgery. A "reciprocity certificate" shall also be issued under the provisions hereinafter specified. Any of these certificates on being recorded in the office of the county clerk, as hereinafter provided, shall constitute the holder thereof a duly licensed practitioner in accord- ance with the provisions of his certificate. [Amendment approved April 11, 1917; Stats. 1917, p. 94.] § 9. Applicants must file testimonials, diplomas, etc. Preliminary education. Work in physics, chemistry and biology. Every applicant must file with the board, at least two weeks prior to the regular meeting thereof, satisfactory testimonials of good moral character, and a diploma or diplomas issued by some legally chartered school or schools approved by the board, the requirements of which school or schools shall have been at the time of granting such diploma or diplomas in no degree less than those required under this act, or satisfactory evidence of having possessed such diploma or diplomas, and must file on affidavit stating that he is the person named in said diploma or diplomas, and that he is the lawful holder thereof, and that the same was procured in the regular course of instruction and examination without fraud or niisrepresenta- Act 2164, § 9 GENERAL LAWS. 1044 tion; provided, that in addition thereto, each applicant for a "physician and surgeon certificate" must show that he has attended four courses of study, each such course to have been of not less than thirty-two weeks duration, but not necessarily pursued continuous!}', or consecu- tively, and that at least ten months shall have intervened between the beginning of any course and the beginning of the preceding course; pro- vided, further, that an applicant for a "drugless practitioner certificate" must show that he has attended two courses of study, each such course to have been of not less than thirty-two weeks duration, but not neces- sarily pursued continuously or consecutively, and that at least ten months shall have intervened between the beginning of any course and the be- ginning of the preceding course; the course in chiropody is to consist of not less than thirty-nine weeks consisting of not less than six hundred sixty-four hours; provided, further, that an applicant for a certificate to practice midwifery must show that the applicant has attended a one-year course in a hospital recognized as reputable by the board, and that a course of instruction in anatomy, physiology, obstetrics and hygiene and sanitation as set forth in section ten hereof has been taken, covering a period of one year; provided, further, that in lieu thereof, an applicant who can submit satisfactory proof of the possession of a diploma from a recognized reputable hospital, and who in addition thereto has at- tended a course of instruction in the subjects enumerated in section ten hereof and satisfactory proof that such instruction has been taken cover- ing a period of at least three months; and provided, further, that in lieu thereof an applicant may present proof satisfactory to the board that the applicant has taken a course of instruction with the minimum requirements as designated in section ten of any school or schools ap- proved by the board as giving a course of instruction in said subjects for a certificate to practice medicine and surgery; provided, also, that l)efore July 1, 1918, in lieu of the diploma or diplomas and preliminary requirements herein referred to where the applicant can show to the satisfaction of the board of medical examiners that he has taken courses hereinafter required in a school or schools approved by the board totaling for applicants for "drugless practitioner certificate" not less than sixty- four weeks consisting of not less than two thousand hours and for "physician and surgeon certificate" totaling not less than one hundred twenty-eight weeks consisting of not less than four thousand hours, it being required that all applicants shall have received passing grades in all such courses, that the applicant or apjilicants shall be admitted to examination for their respective form of certificates. The said application shall be made upon a blank furnished by said board and it shall contain such information concerning the medical in- struction and the preliminary education of the applicant as the board may by rule prescribe. In addition to the requirements hereinabove pro- vided for, apfilicants for any form of certificate hereunder shall present to said board at the time of making such application a diploma from a California higii school or other school in the state of California requir- ing and giving a full four years' course of same grade, or other schools elsewhere, requiring and giving a full four years' standard high school louise, or its equivalent, approved by the board, together with satis- 1045 MEDICINE. Act 2164, § 10 factory proof that he is the lawful holder of such diploma, and that the same was procured in the regular course of instruction. The passing of an examination before the entrance examining board for the entrance to the academic department of the University of California, or Stan- ford University or the University of Southern California, or the posses- sion of documentary evidence of admission to the academic department of such institutions as a regular student or in full standing shall be sufficient basic or preliminary educational qualifications. In lieu of such diploma, the applicant may present: (1) a certificate from the college entrance examination board, or the college examining board of any state or territory showing that such applicant has successfully passed the examination of said board; or (2) if such applicant be thirty years or more of age he may show to the satisfaction of the board of medical examiners proof of preliminary education equivalent in training power to the foregoing requirements. After January 1, 1919; every applicant for a "physician and surgeon certificate" shall in addition to the fore- going requirements, present to the board satisfactory evidence that before beginning the last half of the second year in the study of medi- cine he has completed a course which includes at least one year of work, of college grade, in each of the subjects of physics, chemistry, and biology. The preliminary or basic educational requirements for a chirop- odist, shall be as follows: On and after July 5, 1915, the successful completion of one year of high school work or its equivalent; on and after July 1, 1918, two years of high school work or its equivalent; on and after July 1, 1920, three years of high school work or its equivalent; on and after July 1, 1922, four years of high school work or its equiva- lent. The preliminary or basic educational qualifications for an applicant to practice midwifery in this state shall be the completion of one year of high school work or its equivalent, and after October, 1918, the pres- entation to the board of a diploma from a California high school giving a full four years' standard high school course or its equivalent. [Amend- ment approved April 11, 1917; Stats. 1917, p. 97.] § 10. Course of instruction. Physicians and sr.rgeons. Drugless prac- titioners. Chiropodists. Midwives. Hours required. x\pplicants for any form of certificate shall file satisfactory evidence of having pursued in any legally chartered school or schools, approved by the board, a course of instruction covering and including the following minimum re- quirements: For a ''Physician and Surgeon Certificate." Group 1. 77-5 hours. Anatomy 5.50 hours Embryology 75 hours Histology 150 hours Group 2. 620 hours. Elementary chemistry and toxicology 140 hours Advanced chemistry 180 hours Physiology 300 hours Act 2164, § 10 GENERAL LAWS. 1046 Group 3. 450 hours. Elementary bacteriology 60 hours Advanced bacteriology 80 hours Hygiene 60 hours Pathology 250 hours Group 4. 240 hours. Materia mediea 80 hours Pharmacology 105 hours Therapeutics 55 hours Group 5. 940 hours. Dermatology and syphilis 45 hours General medicine and general diagnosis 600 hours Genito-urinary diseases 45 hours Nervous and mental diseases 110 hours Pediatrics 140 hours Group 6. 680 hours. Laryngology, otology, rhinologA- 60 hours Opthalmology 60 hours Surgery and surgical diagnosis 500 hours Orthopedic surgery 30 hours Physical therapy, including electrotherapy, X-ray, radi- ography, hydrotherapy 30 hours Group 7. 265 hours. Gynecology 100 hours Obstetrics 165 hours Miscellaneous. 30 hours. Ethics, jurisprudence, etc 30 hours Total 4,000 hours For a "Drugless Practitioner Certificate." Group 1. 600 hours. Anatomy 485 hours Histology 115 hours Group 2. 270 hours. Elementary chemistry and toxicology 70 hours Physiology 200 hours Group 3. 235 hours. Elementary bacteriology 40 hours Hygiene 45 hours Pathology 150 hours Group 4. 370 hours. Diagnosis 370 hours Group 5. 260 hours. Manipulative utuI meclKmicil th(Ma|iy 260 hours Grouj) 6. 265 hours. Gynecology TOO hours Obstetrics 165 hours Total 2,000 hours 1047 MEDICINE. Act 21 64, §11 For a Certificate to Practice Chiropody. Group 1. 117 hours. Anatomy 78 hours Histology 39 hours Group 2. 156 ho-urs. Chemistry and toxicology 78 hours Physiology 78 hours Group 3. 103 hours. Bacteriology 39 hours Hygiene 25 hours Pathology 39 hours Group 4. 44 hours. Diagosis: Syphilis 20 hours Dermatology 24 hours Group 5. 215 hours. Manipulative and mechanical therapy: Didactic and clinical chiropody 136 hours Orthopedics 20 hours Surgery 59 hours Group 6. 29 hours. Materia medica and therapeutics , 29 hours Total 664 hours For a Certificate to Practice Midwifery. Group 1. 150 hours. Anatomy 75 hours Physiology 75 hours Group 2. 265 hours. Hygiene and sanitation 100 hours Obstetrics 165 hours Total 415 hours In the course of study herein outlined the hours required shall be actual work in the classroom, laboratory, clinic or hospital, and at least eighty (80) per cent of actual attendance shall be required; provided, that the hours herein required in any subject need not exceed seventy- five (75) per cent of the number specified, but that the total number of hours in all the subjects of each group shall not be less than the total number specified for such group. [Amendment approved April 11, 1917; Stats. 1917, p. 99.] § 11. Additional requirements for physicians and surgeons. For drug- less practitioners. Exceptions. Examination for chiropodists. Exam- ination for midwives. Re-examination. Admission to drugless practi- tioner examination. Admission without examination. Examination papers kept on file. Secretary not to be examiner. Form of certificates. In addition to above requirements, all applicants for "physician and snr- Act 2164, § 11 GENERAL LAWS. 1048 geon certificate" must pass an exaaiination to be given by the board in the following subjects: 1. Anatomy and histology. 2. Physiology. 3. Bacteriology and pathology. 4. Chemistry and toxicology, 5. Obstetrics and gynecology. 6. Materia medica and therapeutics, pharmacology, including prescrip- tiou-writing. 7. General medicine, including clinical microscopy. 8. Surgery. 9. Hygiene and sanitation. AH applicants for "drugless practitioner certificates" must pass au ex- amination in the following subjects: 1. Anatomy and histology. 2. Physiology. 3. General diagnosis. 4. Pathology and elementary bacteriology. 5. Obstetrics and gynecology. 6. Toxicology and elementary chemistry. 7. Hygiene and sanitation. Provided, that a person who holds a "drugless practitioner certificate," issued upon satisfactory proof of the course of instruction and minimum requirements demanded in section ten hereof and who presents evidence of having successfully completed the additional courses required for the "physician and surgeon certificate" as hereinbefore provided, shall be permitted to take his examination in subjects required for a "physician and surgeon certificate" without being re-examined in "drugless practi- tioner" subjects. The subjects for such examination shall be: i. Advanced chemistry. 2. Advanced bacteriology. 3. Surgery. 4. Materia niodiea and therapeutics, pharmacology, including prescrip- tion writing. .5. General medicine, including clinical iiiirroscopy. All applicants for a certificate to practice chiropody must pass an examination in the following subjects: 1. Anatomy and histology. 2. Phj'siology, chemistry and hygiene. 3. Pathology and bacteriology. 4. Dermatology and syphilis. 0. Orthopedics and surgery. '). Chiropody and therapeutics. All applicants for a certificate to practice midwifery must pass an examination in the following subjects: 1. Anatomy and physiology. 2. Obstetrics. 3. Hygiene and sanitation. All examinations shall be practical in character and designed to as- certain the applicant's fitness to practice his profession, and shall be 1049 MEDICINE. Act21tJ4, §11 conducted in the English language, and at least a portion of the exam- ination in each of the subjects shall be in writing. The board in its discretion upon the submission of satisfactory proof from the applicant that he is unable to meet the requirements of the examination in the English language, may allow the use of an interpreter either to be pres- ent in the examination room or to thereafter interpret and transcribe the answers of the applicant. The selection of such interpreter is to be left entirely to the board and the expenses thereof to be borne by the applicant, the payment therefor to be made before such examination is held. There shall be at least ten questions on each subject, the answers to which shall be marked on a scale of zero to one hundred. Each ap- plicant must obtain no less than a general average of seventy-five per cent, and not less than sixty per cent in any two subjects; provided, that any applicant shall be granted a credit of one per cent upon the general average for each pear of actual practice since graduation; pro- vided, further, that any applicant for "physician and surgeon certificate" obtaining seventy-five per cent each in seven subjects and any applicant for "drugless practitioner certificate" obtaining seventy-five per cent each in five subjects and an applicant for a certieate to practice chi- ropody obtaining over seventy-five per cent in seven subjects, and an applicant for a certificate to practice midwifery obtaining seventy-five per cent in one subject, shall bo subsequently re-examined in those sub- jects only in which he failed, and without additional fee. Any person who' at any time prior to January 1, 1916, shall pay to the secretary of said board the fee of twenty-five dollars and submits satisfactory proof of good moral character and of a resident one-year course of not less than one thousand hours in a legally chartered school approved by the board and satisfactory proof of three years of actual practice of a drugless system of the healing art. such three years of actual practice to have been in the state of California, shall be admitted to the drugless practitioner examination; provided, however, that in the event of a license being granted to such applicant he will not be eligible thereafter for the physician's and surgeon's certificate without a full and complete compliance with the terms and provisions of sections nine and ten hereof. Anyone who shall pay the fee of fifty dollars to the secretary of the board prior to January 1, 1916, and submits to the board satisfactory proof of good moral character and proof of six years' actual practice of a drugless system of the healing art, three years of which must have been in the state of California, and satisfactory proof of a resident one- year' course of not less than one thousand hours in a legally chartered school approved by the board and upon proof of competency in a drag- less system may be granted a certificate to practice a drugless system in this state; provided, however, that such licensee shall not be per- mitted to take the physician's and surgeon's examination without a full and complete compliance with the terms of sections nine and ten hereof. The examination papers shall form a part of the records of the board, and shall be kept on file by the secretary for a period of one year after each examination. In said examination the applicant shall be known and designated by number only, and the name attached to the number shall be kept secret until after the board has finally voted upon the Act 2164, §§ 12, 121A general laws. li'oO application. The secretary of the board shall in no instance participate as an examiner in any examination held by the board. All questions on any subject in Avhieh examination is required under this act shall be pro- vided by the board of medical examiners upon the morning of the day upon which examination is given in such subject, and when it shall be shown that the secretary or any member of the board has in any manner given information in advance of or during examination to any applicant it shall be the duty of the governor to remove such person from the board of medical examiners, or from the office of secretary. All certificates issued hereunder must state the extent and character of practice which is permitted thereunder and shall be in such form as shall be prescribed by the board. [Amendment approved April 11, 1917; Stats. 1917, p. 102.] § 12. Army and navy surgeons authorized to practice. Fee. When certificate may be refused. Exceptions. Any medical director, medical inspector, passed assistant surgeon, or assistant surgeon of the United States navy, honorabh' discharged or temporarily detached, or placed upon the retired list without being discharged or on active duty, from the medical department of the United States navy, or who by resigna- tion has honorably severed all connection with the service, and any sur- geon of the United States army, honorably discharged, or temporarily detached or placed upon the retired list without being discharged or on active duty from the medical department of the United States army, or who by resignation has honorably severed all connection with the ser- vice and any commissioned officer, viz.: surgeon general, assistant sur- geon general, senior surgeon, surgeon, passed assistant surgeon and as- sistant surgeon of the United States public health service on active duty with such service, temporarily detached or who has honorably severed all connection with the United States public health service, is hereby authorized to practice medicine and surgery within the state of Cali- fornia bj' filing a sworn copy of his discharge, if he be discharged, or of the order temporarily detaching him or the order placing him upon the retired list, witli the state board of medical examiners or by proving to the satisfaction of the board that by resignation he has honorably left the service of either the army or navy, and paying said board a fee of fifty dollars; provided, tliat when it appears to the satisfaction of the board, that in the year in which the applicant was appointed or commis- sioned in the United States army, navy or public health service, that the requirements of such service for such appointment or commission, were in any degree or particular less than those which were required for the issuance of a similar certificate to practice in California at the date of such issuance, then the board in its discretion may refuse to issue such certificate; provided, further, that the provisions of this section shall not applv to any contract surgeon in the United States army, navy or public liealth service, and shall not apply to any officer of the medical reserve •■orps of said army, navy or public health service. [Amendment approved April 11, 1917; Stats. 1917, p. 101.1 § 12J. Chiropody certificate for persons already practicing. Mid- wifery certificate to persons already practicing. Investigation of moral character. Applicants to practice osteopathy. Examination. Any per- 1U51 MEDICINE. Act 2104-, 5; 12 U son who at any time within ninety days from and after tlie passing of this act shall pay to said board, the registration fee of fifty dollars, as herein provided, and furnish to said board satisfactory proof of the fact that such applicant has been actually engaged in the practice of chi- ropody in the state of California for the period of one year prior to July 1, 193 5, and that such applicant possesses a good moral character and competency in the practice of chiropody, shall be entitled to practice chi- ropody, and said board must issue to him a chiropody certificate. Any person who at any time within one hundred eighty days from and after the passing of this act shall pay to said board the registration fee of twenty dollars as herein provided, and furnish to said board satis- factory proof that such applicant has been actually engaged in the prac- tice of midwifery in the state of California for at least a period of one year, and that such applicant possesses a good moral character and com- fieteney in the practice of midwifery, shall be entitled to practice mid- wifery, and said board must issue to such applicant a midwifery certificate. The actual practice referred to herein shall consist in satisfactory propf that the applicant has attended at least twenty-five cases of labor and has had the care of at least twenty-five mothers and new-born in- fants during the lying-in period. The lying-in period referred to herein shall consist of a period of ten days following delivery. The good moral character referred to herein shall be evidenced by the certificates of two physicians and surgeons or practitioners licensed under this or any pre- ceding medical practice act of this state, and the certificate of one lay- man, preferably a clergyman, priest, rabbi or recognized minister of the gospel. The competency referred to herein shall be evidenced by affi- davits of reputable citizens preferably physicians of the vicinity wherein the applicant has recently resided. The board, however, may disregard such certificates and in its discretion may give an oral, practical or clini- cal examination. The proof of the attendance and completion of the twenty-five cases of labor referred to herein shall be evidenced, if the board shall so require of any applicant, by the submis.sion of the name of the mother, and a reference to the birth certificate required under the law. The board shall have the power to disregard the certificates of moral character referred to herein and may order that an investigation under the direction of the board be held upon the moral character of the applicant. If the said investigation should result in an adverse report to applicant, the applicant shall be entitled to a hearing before said board and after such hearing the board shall be the judges of the moral fitness of the applicant to receive a certificate to practice midwifery. In the event that a certificate to practice midwifery shall not be granted under the provisions of this section, the applicant will be entitled to a refund of ten dollars. Any person who files an application for a "physi- eian and surgeon certificate" two weeks prior to a regular or special meeting, and who submits satisfactory proof to the board that the appli- cant has been licensed to practice osteopathy under the provisions of an act entitled "An act to regulate the practice of osteopathy in the state of California and to provide for the state board of osteopathic examiners, and to license osteopaths who practice in this state, and to punish per- sons violating the provisions of this act." which became a law under Act 2164, § 13 GENERAL LAWS. 1U02 constitutioual provision without the governor's approval March 9, 1901, or who submits satisfactory proof that the applicant has been licensed to practice osteopathy under an act entitled "An act to provide for the regulation of the practice of medicine and surgery, osteopathy and other systems or modes of treating the sick or afflicted in the state of Cali- fornia, and for the appointment of a board of medical examiners in the matter of said regulation, approved March 14, 1907, and who submits satisfactory testimonials of good moral character and a diploma or diplo- mas issued by some legally chartered school or schools approved by the board, or satisfactory evidence of having possessed such diploma or diplomas and that he is the lawful holder thereof, and that the same was procured in the regular course of instruction and examination without fraud or misrepresentation, and that the applicant has complied with the provisions of sections nine, ten and eleven of this act, may be granted an oral, practical or clinical examination for the "physician and surgeon certificates"; provided, that the board must accept in lieu thereof the educational qualifications enumerated in this section or in sections nine, ten and eleven of this act satisfactory proof to the board of actual prac- tice in the system of treatment known and designated as osteopathy for a period of four j-ears, and ui^on the presentation of such proof the appli- cant will be entitled to an oral, jiractical or clinical examination for a "physician and surgeon certificate." The fee for filing such application shall be twenty-five dollars, fifteen dollars to be returned to the appli- cant in the event that a certificate is not issued under the provisions hereof. [Amendment approved April 11, 1917; Stats. 1917, p. 105.] § 13. Certificates to applicants licensed to practice since August 1, 1901. Requirements. Contracts of reciprocity. Applicant with certifi- cate prior to August 1, 1901. Examination. Fee. Said board must also issue a certificate to practice a system or mode of treating the sick or afiiieted recognized by this act or any preceding practice act in the state of California to any applicant, without any examination, authorizing the holder thereof to practice a system or mode of treating the sick or afflicted in the state of California, upon payment of a registration fee of one hundred dollars, upon the following terms and conditions and upon satisfactory proof thereof, viz.: The applicant shall produce a cer- tificate entitling him to practice a system or mode of treating the sick or afiiieted, as provided in this act or any preceding practice act of the state of California, issued either by the medical examining board, or by any other board or officer authorized by the law to issue a certificate entitling such ap|)licant to practice a system or mode for treating the sick or afflicted either in the District of Columbia or in any state or territory of the United States, or if such certificate shall have been lost, then a copy thereof, with proof satisfactory to the board of medical ex- aminers of the state of California that the copy is a correct copy. Said certificate must not have been issued to such applicant prior to the first day of August, 1901, and the requirements from the college from which such applicant may have graduated, and the requirements of the board which was legally authorized to issue such certificate permitting such applicant to practice a Bystem or mode of treating the sick or afflicted shall not have been at the time such certificate was issued, in any de- grop or jiarticular less than those which were required for the issuance 1053 MEDICINE. Act 2164, § 13 of a similar certificate to practice a system or mode of treating the sick or alHicted in tlie state of California at the date of the issuance of such certificate, or which may hereafter be required by law and which may be in force at the date of the issuance of any such certificate; and pro- vided, further, that said applicant shall furnish from the board which issued said certificate, evidence satisfactory to the board of medical ex- aminers of the state of California showing what the requirements were of the college and of the board, issuing such certificate at the date of such issuance. If, after an examination of such certificate, and the pro- duction on the part of the applicant of such further reasonable evidence of the said requirements as may be deemed necessary by the board of medical examiners of the state of California and any other or further examination or investigation which said board may see fit to make on its own part, it shall be found that the requirements of the board issu- ing such certificate were, when said certificate was issued, in any degree or particular less than the requirements provided by the law of the state of California at the date of the issuance of such certificate or that the applicant has not been a resident of the state from which the applica- tion is based for a period of one year subsequent to the issuance of such certificate he will not be entitled to practice within the state of Cali- fornia without an examination. An oral examination shall not be deemed to be of equal merit with a written examination and no certificate shall be issued in the case where a written examination was given in Cali- fornia and an applicant was given an oral examination in another state at the same time. The board is hereby authorized to enter into a con- tract or contracts of reciprocity with other states wherein the standard of such states is not in any degree or particular less than were the re- quirements in the state of California in the same year, for the issuance of a certificate to practice a system or mode of treating the sick or afflicted, such certificate to be similar in scope of practice as the certifi- cate issued in the other state; provided, however, that an application based upon a certificate to practice any system or mode of treating the sick or afflicted issued in the District of Columbia or in any state or territory prior to March 4, 1907, if refused or denied by reason of the insufficiency of the standard of such state or territory then such appli- cant may have the privilege of either a written or oral examination before the board at the option of the applicant. Any person may file an application with the said board to practice medicine and surgery within the state of California, in the event that such applicant has been duly licensed prior to August 1, 1901, and has practiced medicine and surgery in another state or territory, or the District of Columbia, for a period of time commencing prior to the first day of August, 1901. Such applica- tion shall be verified and shall contain a statement showing: (a) tha full name of the applicant; (b) all institutions at which he has studied and the period of such study, and all institutions from which he has gradu- ated; (c) a statement of whatever certificate or certificates to pracfice medicine and surgery may have been issued to him, together with the date of such certificate and a description of the same, and, if required by the board, the certificates themselves, or satisfactory proof of their issuance; (d) a statement of all places in which said applicant has prac- ticed medicine and surgery; (e) such other general information as to Act 2164, § 14: GENERAL LAWS. 1054 his past practice, as may be required by the said board. The said board shall make such independent investigation of the character, ability and standing of the applicant as it may deem proper and necessary, and if it shall tind after such investigation that said applicant has been a prac- ticing physician and surgeon in any other state or territory or the Dis- trict of Columbia, prior to August 1, 1901, and prior to said last-named date has been duly licensed so to practice, and that his reputation as such physician and surgeon is good in the community in which he has so practiced medicine and surgery, and has been a resident of his last state of residence for a period of one year prior to date of filing his application in the state of California, they shall afford him an examina- tion on a day suiting the convenience of the board not more than six months subsequent to the presentation of said application. Said exam- ination shall be oral, practical, and clinical in nature, and full considera- tion shall be given to the duration and character of the applicant's prac- tice. If after such last-mentioned examination it is determined by a majority vote of the said medical examiners conducting said examina- tion, that such applicant is so qualified to practice medicine and surgery within the state of California, and that his reputation and standing in the community in which he has previously practiced is good, the said applicant shall be entitled to receive a "physician and surgeon certifi- cate." Each applicant on making such application shall pay to the secre- tary of the board, a fee of one hundred dollars, which shall be paid to the treasurer of the board, of which sum ninety dollars shall be returned to him should he not receive a certificate hereunder. All certificates issued pursuant to this section shall be marked across the face thereof "reciprocity certificate." Any person granted a "reciprocity certificate" to practice any system or mode for treating the sick or afflicted recog- nized by this or any preceding medical practice act in this state, such certificates not being of equal scope with the certificates known and designated as the "physician and surgeon certificate," will not be eligible for the "physician and surgeon certificate" as designated in this act with- out a full and complete compliance with the terms and provisions of sec- tions nine, ten and eleven hereof. § 14. Refusal of certificate for unprofessional conduct. Refusal to obey subpoena. Revocation of certificate for unprofessional conduct. Said board must refuse a cerlifieate to any applicant guilty of unprofessional conduct. On the filing with tlie secretary of a sworn complaint, charg- ing the applicant with having been guilty of unprofessional conduct, the secretary must forthwith issue a citation, under the seal of the board, and make the same returnable at the next regular session of said board, occur- ring at least thirty days next after filing the complaint. Such citation shall notify the applicant when and where the charges of said unprofes- sional conduct will be heard, and that the applicant shall file his written answer, under oath, within twenty days next after the service on him of said citation or that default will be taken against him and his application for a certificate refused. The attendance of witnesses at such hearing may be compelled by subpoenas issued by the secretary of the board under its seal. Said citation and said subpoenas shall be served in accordance with the statutes of this state then in force as to the service of citation and subpoenas generally, and all the provisions of the stat- 1055 ' MEDICINE. Act 2164, §U utes of this state tluMi in force relating to subjioenas and to citations are hereby made ai>}jlicablo to the sabpoenas and citations provided for herein. Upon the secretary's certifying to the fact of refusal of any person to obey a subpoena or citation to the superior court of the county in which the service was had, said court shall thereupon proceed to hear said matter in accordance with the statutes of this state then in force as to contempts for disobedience of process of the court, and should said court find that the subpoena or citation has been legally served, and that the party so served has willfully disobeyed the same, it shall pro- ceed to impose such penalty as provided in cases of contempt of court. In all cases of alleged unprofessional conduct, arising under this act, depositions of witnesses may be taken, the same as in civil cases and all the provisions of the statutes of this state then in force as to the tak- ing of depositions are hereby made applicable to the taking of deposi- tions under this act. If the applicant shall fail to file with the seeretar}' of said board his answer, under oath, within twenty days after service on him of said citation, or within such further "time as the board may allow, and the charges on their face shall be deemed sufficient by tie board, default shall be entered against him, and his application refused. If the charges on their face be deemed sufficient by the board, and issue be joined thereon by answer, the board shall proceed to determine the matter, and to that end shall hear such proper evidence as may be ad- duced before it; and if it appear to the satisfaction of the board that the applicant is guilty as charged, no certificate shall be issued to him. Wlienever any holder- of a certificate herein provided for is guilty of unprofessional conduct, as the same is defined in this act, and the said unprofessional conduct has been brought to the attention of the board granting said certificate, in the manner hereinafter provided or when- ever a certificate has been procured by fraud or misrepresentation, or issued by mistake, or the jierson holding such certificate is found to be practicing contrary to the provisions thereof and of this act, it shall be the duty of said board either to suspend the right of the holder of said certificate to practice for a period not exceeding one year, or in its dis- cretion to revoke his certificate. In the event of such suspension, the holder of such certificate shall not be entitled to practice thereunder during the term of suspension; but, upon the expiration of the term of said suspension, he .shall be reinstated by the board anji shall be entitled to resume his practice, unless it shall be established to the satisfaction of the board that said person so suspended from practice, has, during the term of such suspension, practiced in the state of California, in which event the board shall revoke the certificate of such person. Xo such suspension or revocation shall be made unless such holder is cited to appear and the same proceedings are had as is hereinbefore provided in this section in case of refusal to issue certificates. Said secretary in all cases of suspension or revocation shall enter on his register the fact of such suspension or revocation, as the case may be, and shall certify the fact of such suspension or revocation under the seal of the board, to the county clerk of the counlies in which the certificates of the person whose certificate has been revoked is recorded; and said clerk must there- upon write upon the margin or across the face of his register of the certificate of such person, the following: "The bolder of this certificate Act 2164, § 14 GENERAL LAWS. 1056 was on the day of suspended for ," or, "This certificate was revoked on the day of /' as the ease may be, giving the day, month and year of such revocation or length of suspension, as the ease may be, in accordance with said certification to him by said secre- tary. The record of such .suspension or revocation so made by said county clerk shall be prima facie evidence of the fact thereof, and of the regularity of all the proceedings of said board in the matter of said suspension or revocation. The words "unprofessional conduct" as used in this act, are hereby declared to mean: First — The procuring or aiding or abetting or attempting or agreeing or offering to procure a criminal abortion. Second — The willfully betraying of a professional secret. Third — All advertising of medical business which is intended or has a tendency to deceive the public or impose upon credulous or ignorant persons, and so be harmful or injurious to public morals or safety. Fourth — All advertising of any medicine or of any means whereby the monthly periods of women can be regulated or the menses re-established if suppressed. Fifth-^Conviction of any offense involving moral turpitude in which case the record of such conviction shall be conclusive evidence. Sixth — Habitual intemperance or excessive use of cocaine, opium, mor- phine, codeine, heroin, alpha eucaine, beta eucaine, novocaine or chloral hydrate or any of the salts, derivatives or compounds of the foregoing substances or the prescribing, selling, furnishing, giving away or offer- ing to prescribe, sell, furnish, or give away such substances to a habitue who is not under the direct personal and continuous treatment and care of the physician for the cure of the above-mentioned drugs. Seventh — The personation of another licensed practitioner or permit- ting or allowing another person to use his certificate in the practice of any system or mode of treating the sick or afflicted. Eighth — The use, by the holder of any certificate, iu any sign or ad- vertisement in connection with his said practice or in any advertisement or announcement of his practice, of any fictitious name, or any name other than his own. Ninth — The use by the holder of a "drugloss practitioner certificate" of drugs or what are known as medicinal preparations, in or upon any human being, or the severing or penetrating by the holder of said "drug- less prnctitioner certificate" of the tissues of any human being in the treatment of any disease, injury, deformity, or other physical or mental condition of such human being, excepting the severing of the umbilical cord. Tenth — Advertising, announcing or stating, directly, indirectly, or in substance, by any sign, card, newspaper, advertisement or other written or printed sign or advertisement, that the holder of such certificate or any other person, company, or association by wiiich he is employed or in whoso service he is. will cure or attempt to cure, or will treat, any venereal disease, or will cure or attempt to cure or treat any person or persons for any sexual disease, for lost manhood, sexual weakness, or sexual disorder or any disease of the sexual organs; or being employed by, or being in the service of, any person, firm, association, or corpora- tion so advertising, announcing or stating. 1<>;37 MEDICINE. Act 2164, ^14 Eleventh — Tlie use by the holder of any certificate of any letter, let- ters, word, words, or term or terms used either as prefix or affix or suffix indicating that such certificate holder is entitled to practice a system or mode of treating the sick or afflicted for which he was not licensed in the state of California. Twelfth — The employment of "cappers" or "steerers" or other persons in procuring practice for a practitioner for a system or mode of treating the sick or afflicted provided for in this act. Thirteenth — The certificate issued herein for the practice of midwifery may be revoked when it appears to the satisfaction of the board that in any case or cases that the licentiate may have treated, that due caution and circumspection was not used or that the holder of said certificate in its treatment of any ease or cases had not used proper aseptic and antiseptic precautions. Fourteenth — The certificate to practice midwifery herein may lie re- voked upon conviction for the violation of any health statute, order or ordinance or for the neglect or refusal to comply with the health rules and regulations of any state, county, city and county, city or township. Fifteenth — The certificate issued herein for the practice of midwifery may be revoked for the treatment by any midwife in any case of labor in which ease there is a complicated vertex presentation in which said licentiate did not call or attempt to call a licentiate licensed to practice a system including the practice of obstetrics under this act or any pre- ceding medical practice act in this state. Sixteenth — The certificate issued herein for the practice of midwifery may be revoked for a failure to refer to a licentiate under this act or any preceding act in the state of California licensed to practice a system including obstetrics, a case which during pregnancy has, or develops any of the following conditions: a contracted pelvis or other deformity that will interfere with labor; bleeding from the uterus; swelling of the face and hands; excessive vomiting; persistent headache; dimness of vision; convulsions; or for failure to call or summons a physician if any of the following conditions exist or develop at the beginning of or dur- ing labor: Complicated presentation of a vertex (head); convulsions, excessive bleeding; prolapse of the cord; a swelling or tumor that ob- structs the birth of the child; signs of exhaustion or collapse; unduly prolonged labor; or the failure to refer to a licentiate in this act or any preceding act in the state of California licensed to practice a system including obstetrics, a case, which during the lying-in period, develops the following conditfons: Convulsions; excessive bleeding; foul smelling discharge (lochia); persistent rise of temperature to one hundred one de- grees Fahrenheit for twenty-four hours; swelling and redness of the breasts; severe chill (rigor) with rise of temperature; inability to nurse the child; or for a failure to refer to a licentiate under this act or any preceding act in the state of California licensed to practice a .system in- cluding obstetrics, a case where the child has or develops any of the fol- lowing conditions: Deformities or malformations or injuries; inability to suckle or nurse; inflammation around or discharge from the navel; swell- ing and redness of the eyelids w-ith a discharge of pus from the eyes 67 Act 2164, §§ 15-18 GENERAL LAWS. 1058 (opthalmia ueouatorum); bleeding from the mouth, navel or bowels; in- ability to urinate. Seventeenth — The certificate issued herein for the practice of mid- wifery may be revoked for the treatment by the said midwife licentiate known as the introduction of the hand into the vagina or uterus to remove placenta or membranes. Eighteenth — The certificate issued herein for the practice of midwifery may be revoked for the failure to have the following equipment (in each case): Nail brush; wooden or bone nail cleaner; jar of green or soft castile soap; rubber gloves; tube of sterile vaseline; clinical thermometer; agate or glass douche reservoir; two rounded vaginal douche nozzles; two rectal nozzles, large and small; one soft rubber catheter; blunt scissors for cutting cord; either lysol, carbolic acid or bichloride of mer- cury tablets; boric acid powder; one per cent solution of nitrate of silver; medicine dropper; narrow tape or soft twine for tying cord; absorbent cotton (preferably in one-quarter pound packages); no other instruments are to be used, owned or possessed by a midwife. [Amend- ment approved April 11, 1917; Stats. 1917, p. 109.] § 15. Certificates to 1)6 recorded. Every person holding a certificate under the laws of this state authorizing him to practice any system or mode of treating the sick or afflicted in this state must have it recorded in the office of the county clerk of the county or counties in which the holder of said certificate is practicing his profession, and the fact of such recordation shall be indorsed on the certificate by the county clerk recording the same. Any person holding a certificate as aforesaid, who shall practice or attempt to practice any system or mode of treating the sick or afflicted in this state, without having first filed his certificate with the county clerk, as herein provided, shall be deemed guilty of a misdemeanor and shall be punished as hereinafter designated in this act. [Amendment approved "April 11, 1917; Stats. 1917, p. 113.] § 17. Practice without license. Penalty. Any person who shall prac- tice or attempt to practice, or who advertises or holds himself out as practicing, any system or mode of treating the sick or afflicted in this state, or who shall diagnose, treat, operate for, or prescribe for, any disease, injury, deformity, or other mental or physical condition of any person, without having at the time of so doing a valid unrevoked cer- ticate as provided in this act, or who shall in any sign or in any advertise- ment use the word "doctor," the letters or prefix "Dr.," the letters "M.D.," or any other term or letters indicating or implying that he is a doctor, physician, surgeon or practitioner, under the terms of this or any other act, or that he is entitled to practice hereunder, or under any other law without having at the time of so doing a valid unrevoked certificate as provided in this act shall be guilty of a misdemeanor and upon con- viction thereof shall be punished as designated in this act. [Amendment approved April 11, 1917; Stats. 1917, p. 111.] § 18. Penalty for selling certificate. Altering of certificate. Practice under false name. Records of associates of practitioner. Any jierson, or any member of any firm, or official of any company, association, or- ganization or corporation shall be guilty of a misdemeanor and upon 1059 MEDICINE. Act 2164, §24 conviction thereof shall be punishable as designated in this act, who, individually or in his official capacity, shall himself sell or barter, or offer to sell or barter, any certificate authorized to be granted hereunder, or any diploma, affidavit, transcript, certificate or any other evidence required in this act for use in connection with the granting of certificates or diplomas, or who shall purchase or procure the same cither directly or indirectly with intent that the same shall be fraudulently used, or who shall with fraudulent intent alter any diploma, certificate, transcript, affidavit, or any other evidence to be used in obtaining a diploma or certificate required hereunder or who shall use or attempt to use fraudu- lently any certificate, transcript, affidavit, or diploma, whether the same be genuine or false, or who shall practice or attempt to practice any system or treatment of the sick or afflicted, under a false or assumed name, or any name other than that prescribed by the board of medical examiners of the state of California on its certificate issued to such person authorizing him to administer such treatment, or who shall assume any degree or title not conferred upon him in the manner and by the authority recognized in this act, with intent to represent falsely that he has received such degree or title, or who shall willfully make any false statement on any application for examination, license or registration under this act, or who shall engage in the treatment of the sick or afflicted without causing to be displayed in a conspicuous manner and in a conspicuous place in his office the name of each and every person who is associated with or employed by him in the practice of medicine and surgery or other treatment of the sick or afflicted, or who shall, within ten days after demand made by the secretary of the board, fail to furnish to said board the name and address of all such persons asso- ciated with or employed by him or by any company or association with which he is or has been connected at any time within sixty days prior to said notice, together with a sworn statement showang under and by what license or authority said person or persons, or said employee or employees, is or are, or has or have been practicing medicine or surgery, or any other system of treatment of the sick or afflicted. It shall be the duty of any person or persons upon whom the board of medical examiners maj- make a demand for the name or names and address or addresses of a person or persons associated or employed by him or them to make affidavit that there are no such person or persons associated or emploj'ed by him or them, if such be the fact; provided, that such affidavit shall not be used as evidence against said person or employee in any proceedings under this action. [Amendment approved April 11, 1917; Stats. 1917, p. 11-1.] § 24. Title of act. Penalties. Disposition of fines. This act when referred to, cited or amended may be designated as the state medical practice act, and for a violation of any provision of this act, the said violator shall be guilty of a misdemeanor, unless otherwise specificalh' provided in this act, and shall be punished by a fine of not less than one hundred dollars nor more than six hundred dollars or by imprison- ment for a term of not less than sixty daj's nor more than one hundred eighty days or by both such fine and imprisonment. The fines or for- feitures of bail in any case wherein any person is charged with a viola- Act 2203, §§ 1-3 GENERAL LAWS. 1060 tion of the provisions of this act shall be paid upon the collection by the proper officer of the court seventy-five per cent thereof to the state treasurer to be deposited to the credit of the contingent fund of the board of medical examiners and such payment to said treasurer shall be made without placing such fine or forfeiture of bail in any special or contingent or general fund of any county, city and county, city, or town- ship. The balance or twenty-five per cent of such fines or forfeitures of bail shall be paid to the county wherein the case is pending. [New section added April 11, 1917; Stats. 1917, p. 115.] TITLE 343. MILITARY COMPANIES ACT 2203. An act creating a state defense guard, providing for its control and com- pensation, prescribing its duties and making an appropriation there- for. [Ai>proved May 28, l!n7. Stats. 1917, p. 1279. In effect immediately.] § 1. State defense guard created. There is hereby created a state defense guard to be eompo^sed of such number of companies, not exceed- ing ten, each of which shall be composed of not less than twenty-five nor more than one hundred men as the governor shall, in either case, determine. The governor, as soon as he deems it necessary for the public welfare, shall appoint one captain, one lieutenant, and such sub- ordinate officers for each company of such state defense guard as he may authorize to be enrolled, shall designate the number of men to constitute each such company, and may, within the limit above specified, thereafter, in his discretion, increase or decrease the number of such com- panies and of the membership thereof. § 2. Membership. Examination. Oath. Membership in the state defense guard shall be confined to male citizens of the United States of not less than thirty years, nor more than fifty years of age. Each ap- jilicant for appointment in the state defense guard must pass an examin- ation as to his physical and mental qualifications, such examination to be lield by the adjutant-general, based upon standards to be established by him. Appointments under this act shall be exempt from the provisions of the civil service act. Before entering upon the discharge of his duties, each member of tiie state defense guard shall take the following oath: "I do solemnly swear that I will sujiport the constitution and laws of the United States and the state of California and strictly and faith- fully jierform the duties of member of the state defense guard of the state of California to the best of my ability." §3. Constituted peace officers. Duties. The nKMiihers of the state defense guard are hereby constituted peace officers and invested with all |)0\vers conferred by law upon peace officers in this state, and shall have and exercise such powers in any part of this state. It shall be the duty of all members of the state defense guard strictly to enforce the 1061 MILITARY COMPANIES. Act 2208, §§ 4-11 laws of this state, and to perform sudi duties as tlie governor sliall direct. § 4. Exclusive control of governor. The state defense guard shall be subject to the exclusive control and direction of the governor, or of the adjutant-general acting under the direction of the governor. The gov- ernor may in his discretion at any time demote, suspend or discharge any member of the state defense guard, and a suspended meml)ev shall not be entitled to salary during the jieriod of such suspension. § 5. Adjutant-general ex-officio superintendent. The adjutant-general of the state shall be ex-officio superintendent of the state defense guard, and shall keep all files and records pertaining thereto and shall make rules and regulations for its government and control. He shall pre- scribe suitable uniforms, arms, equipment and means of transportation and. vpith the approval of the state board of control, shall purchase so much and such articles thereof as he may deem necessary to supplement any part of such equipment to be provided, at their individual expense, by the members of such state defense guard. The adjutant-general shall perform such other duties in connection with the state defense guard as the governor directs. § 6. Salaries. The salary of the members of the state defense guard shall be as follows: Each captain, one thousand six hundred dollars per annum; each lieutenant, one thousand three hundred fifty dollars per annum; each sergeant, one thousand two hundred twenty dollars per an- num; corporals and other members, one thousand eighty dollars per annum. The salary of all members of the state defense guard shall be jiaid at the time and in the same manner as state officers. § 7. Penalty for refusal to pay order. Any member of the state de- fense guard willfully- failing or refusing to obey any lawful order or direction of the governor shall be guilty of a misdemeanor, and. upon conviction, thereof, shall be punished by imprisonment in the county jail not less than one month nor more than six months. § 8. Appropriation. For the purposes of this act the sum of one million dollars, or so much thereof as may be necessary, is hereby appro- priated out of any money in the state treasury not otherwise appro- priated. Claims against such ap]iropriation shall be api>roved by the adjutant-general and, when so approved, shall be audited aiid paid in the manner provided by law. §9. In effect when. This act shall be in force and effect only during the existence of war between the United States and any foreign nation. § 10. Not used in strikes. The state defense guard shall not be used in connection with strikes or other industrial disputes. -v § 11. Urgency measure. A ^tate of war now existing between the United States and the imperial German government, this act is declared to be an urgency measure necessary for the immediate preservation of the public peace and safety and shall take effect upon its approval by the governor. J! .M'Ji Act 2213b, ^ ^ 2, 4 GENERAL LAWS. 1U62 TITLE 345. MINES AXD MINING. ACT 2213b. An act establishing and creating a department of the state mining bureau for the protection of the natural resources of petroleum and gas from waste and destruction thjough improper operations in production; providing for the appointment of a state oil and gas supervisor; pre- scribing his duties and powers; fixing his compensation; providing for the appointment of deputies and employees; providing for their duties and compensation; providing for the inspection of petroleum and gas wells; requiring all persons operating petroleum and gas wells to make certain reports; providing procedure for arbitration of departmental rulings; creating a fund for the purposes of the act; providing for assessment of charges to be paid by operators and providing for the collection thereof; and making an apjiropria- tion for the purposes of this act. [Aj.proved June 10, 1915. Stats. 1915, j.. 14(14. | Amended June 1, 1917; Stats. 1917, p. 1586. The amendment of 1917 follows: § 2. State mineralogist" s compensation. Secretary's added compensa- tion. Supervisor's salary. For his services in the general supervision of said department, the state mineralogist shall receive as compensation one thousand fonr hundred dollars annnally which shall be in addition to his compensation fixed in section two of the act of .Tune 16, 1913, relating to the state mining bureau. The secretary of the state mining bureau shall receive for his services in connection with the department of petroleum and gas, a sum not to exceed six hundred dollars annually, which sum shall be in addition to his compensation paid from the funds of the state mining bureau. The supervisor shall receive an annual salary of six thousand dollars, and shall be allowed his necessary traveling expenses. The state mineralogist may, at the request of the state oil and gas supervisor, and subject to the civil service laws of the state, appoint one chief clerk at a salary of not to exceed one thousand eight hundred dollars annually; twelve office assistants or stenographers each at a salary of not to exceed one thousand two hundred dollars annually; four geological draftsmen each at a salary not to exceed one thousand five hundred dollars an- nually; four petroleum engineers each at a salary not to exceed two thousand four hundred dollars annually; twelve inspectors each at a salary not to exceed one thousand eight hundred dollars annually. The additional salary herein authorized to be paid to the state min- eralogist and the secretary of the state mining bureau and the salaries of the- supervisor and of the deputies, clerks, stenographers, assistants and other employees sti;ill lie |i;rul onl (if the funds hereinafter provided for at the times and in the niiinncr tlinl salaiics of other state oHicers and i-midoyees .■iic paid. | A nirnilincnt apiimvcd Jmie I, 1917; Stats. Ill I 7. p. \r,Hl].\ §4. Deputies. It sliali visor to ;i|)]»oint one cliicl' V III.' diil.v (if tlic >1;i tc oil and gas super- (■put \ ' and li\( .' lield d cpntics, one for each 1063 MINES AND MINING. Act 2213b, §§ 0-8 of the distriets hereinafter provided for and prescribe their duties and fix their compensation, which shall not exceed four thousand dollars per annum for the chief deputy and not to exceed three thousand six hun- dred dollars per annum for each field deputy. Such deputies shall serve during the pleasure of the supervisor. He shall also employ an attorney at a compensation not exceeding three thousand dollars per year, pay- able out of said fund, who sliall also be attorney for each district board of commissioners; sucli ((iinmissioners may allow additional com- pensation to such attorney in actual litigation. The supervisor, the deputies and the attorney shall not be subject to the civil service act. [Amendment approved June 1, 1917; Stats. 1917, p. 1587.] §5. Qualifications. Kach deputy appointed by the supervisor shall be a competent engineer or geologist, experienced in the development and production of i)etroleum. At the time said deputy is appointed, notice of such appointment shall be transmitted in writing to the board of commissioners of the district for which said deputy is appointed. Said notice shall be given either personally or by mailing a notice of said appointment to the postoffice address of each commissioner. Xo appoint- ment shall be final until a period of ten days shall have elapsed from the mailing of said notice to said commissioners. In the event of the majority of the commissioners notify said oil and gas supervisor in writ- ing before the expiration of ten days from the date of said notice that the appointment of said field deputy is disapproved by tiiem, then and in that event said field deputy shall not be appointed but said oil and gas supervisor must appoint some other individual as in this section provided. Each field deputy shall maintain an ofaee in the district for which he is appointed, convenient of access to the petroleum and gas operators therein. The office shall be open and the deputy shall be present at certain specified times which shall be posted at such office. [Amendment approved .Tune 1, 1917; Stats. 1917, p. 15S7.] § 7. Records open to inspection. The records of any and all opierators, when filed with the deputy supervisor as hereinafter provided, shall be open to inspection to those authorized in writing by such operators, to the state officers, and to the board of commissioners hereinafter pro- vided for. Such records .shall in no case other than those hereinafter and in this section provided, be available as evidence in court proceed- ings and no officer or emplo_yec or member of any board of commissioners shall be allowed to give testimony as to the contents of said records, except at such court proceedings as are hereinafter provided for in the review of the decision of the state oil and gas sujiervisor, or a board of commissioners, or in any proceedings initiated for the enforcement of an order of the supervisor, or any proceeding initiated for the enforce- ment of a lien created by this act, or any proceeding for the collection of the assessment levied under and pursuant to the provisions of this act or in criminal proceedings arising out of such records, or the statements upon which they are based. | Amendment approved Tune 1, 1917; Stats. 1917, p. 1588. J §8. Tests and remedial work. It sliall be the duty of the sn]iervisor to order such tests or remedial work as in his judgment are necessary Act 'JlUob. ^^ 0. 10 liENKiiAi laws;. I(),i4 to protoot tho jvtroloinn auil gas deposits from damago l\v luulorgiouuii water, to tlio best interests of tlie neiglihoring property o\vner>. aiiil the publio at largo. The order shall be in written form, signed by the supervisor, and shall be served npon the owner of the well, or the loeal agent appointed by snob owner, either personally or by mailing a eopy of said order to the postottioe address given at the time the looal agewt is designated, or if no suoh loeal agent has been designated, by mailing a eopy of said order to the last known postoffiee address of said owner, or if the owner be unknown by ^>osting a eopy of said order in a eonspionous place npon the property, and publishing the same in some newspaper of general I ireuhition throughout the eounty in whiih said well is located, oiite ,h week for two suoeessive weeks. Said order shall specify the condition sought to be remedied and the work necessary to protect such deposits from damage from underground waters. For this purpose each operator or owner shall designate an agent, giving his postolttce address, who resides within the county where the well or wells are located, upon whom all orders and notices provided for in this act may be served. [Amendment approved June 1. 1^17; Stats. 1917. p. 15SS.] §9. Owner's objections. The well owner or his local agent may within ten days from the date of service of any order from the super- visor, file with the supervisor or his deputy in the district where the property is located, a statement that the supervisor's oriler is not ac- ceptable and that appeal from said order is taken to the board of commissioners. Such appeal shall operate as a stay of any order issued under or pursuant to the provisions of this act. | Amendment approved June 1. 1917: Stats. 1917. p. loSS.| § 10. State divided into live districts. District oil and gas commis- siouers elected. Elections. Term of office. Eligibility. Chairman. Deputies. Expenses. Eecall. Procedure. Vacancies. Advice from supervisors. For the purposes of this act the state shall bo divided into tivo districts, as follows: District No. 1. including the counties of Los Angeles. Kivorside, Orange. San Diego. Imperial and San Bernardino. District No. il, the county of Ventura. District No. 3, including the counties of Santa Barbara. Sati Luis Obisjo. Monterey, Santa Cruz, San Benito. Santa Hara. Contra Costa. San Mateo. Alameda and San Francisco. District No. 4, including the counties of Tulare. Inyo and Kern. District No. .1, including the counties of Fresno, Madera. Kings. Mono. Mariposa, Merced and all other i-ounties in California not included in any of said other district>. There shall be elected at the times and in the manner hereinafter provided. OBtolfice address or principal plaee of business. At said meeting each of those entitled to vote as herein provided may be represented by one person holding the written anthorlty of such voter to act for him at such meeting. At said meeting each voter shall be entitled to one vote for each member of the board of district oil and gas commissioners who are re- quired to be selected for such district. In addition thereto, in ea*h district in which five commissioners are to be elected, each voter shall be entitled, for each one hundred dollars, or fraction thereof, which said voter shall have paid in accordance with his last assessment hereunder, to cast one vote for the two commLssioners who are elected for three years; and in each district in which seven commissioners are to be elected, each voter shall be entitled, for each one hundred dollars, or fraction thereof, which said voter shall have paid in accordance with his last assessment hereunder, to cast one vote for the three commis- sioners who are elected for three years. In all subsequent elections the qualification of voters in the election of a commissioner shall be the same as in the election of the commissioner whose successor in office is being elected. Said meeting shall select hy ballot, by a majority vote of the rotes represented, the number of persons as hereinbefore specified to act as district oil and gas commissioners for such district. In any district entitled to seven commissioners, two shall be chosen for a term of one year, two for tw'o years and three for three years. In any district entitled to five commissioners, one shall be chosen for a term of one year, two for two years and two for three years. The chairman and secretary of the meeting shall issue a written cer- tificate to the state oil and gas supervisor, setting forth the result of such election, and the name and address of each of the persons elected at said meeting as the district oil and gas commissioners for said district and the term for which each has been elected. No person shall be eligible as a district oil and gas commissioner who is not a resident of the district for which he is elected, nor shall any person be eligible for such position who is not actually engaged in the buBiness of oil or gas development or production, within the district. Upon receipt of the certificate so made by the chairman and secretary- of any such meeting, the state oil and gas supervisor shall issue a cer- tificate of election to the respective ])ersons in said certificate named as the district oil and gas commissioners for said district, and f'-'r +'^'" Act 2213b, § 10 GENERxVL LAWS. 1066 periods of one, two or three years from and after the first Monday in October, 1917, as shall be . shown in such certificate, and nntil their respective successors shall have been elected. Within thirty days after their ajjpointment by the state oil and gas supervisor, the district oil and gas commissioners for each district shall meet at a time and place within the district to be designated b}^ the state oil and gas sui^ervisor, and shall thereupon select one of the number as chairman. The deputy supervisor of the district shall be ex-ofiicio secretary of said board, and shall keep a record of its proceedings, and his office shall be the office of the commissioners. Said commissioners shall serve without compensation, except their necessary traveling expenses. The traveling expenses of said commis- sioners and all actual expenses incurred by or under order of said com- missioners in the hearing and determination and carrj-ing out of orders appealed to them, shall be certified to said state supervisor, and when audited by him and by the state board of control shall be paid from said fund. On the third Tuesday in September of each year at an hour and places in said respective districts to be fixed by the state oil and gas supervisor, and of which notices shall have been given as hereinbefore specified, the successor of each of the district oil and gas commissioners whose term of appointment shall expire that year, shall be elected and qualified in the manner and subject to the provisions hereinbefore set forth, and the term of each shall be for a period of three years from and after the first Monday in October next succeeding. All, either or any of the district oil and gas commissioners elected in any district may be recalled by the votes of a majority of. the quali- fied votes of the district entitled to vote as to such commissioners respectively. In case there shall be filed in the office of the state oil and gas supervisor, a written petition, signed by not less than forty per cent of those entitled to vote as to the election of any commis- sioner or commissioners, asking the recall of such commissioner or com- missioners, said state oil and gas supervisor shall, within ten days there- after, order and give notice of a special election in such district to fill the office or offices of the commissioner or commissioners named in said petition for recall; and shall cause notice to be given of said elec- tion in the manner, and for the time required for n^gular election, and said notice shall fix the tiiii(> and place of such elcctidii. .\ t such election, the commissioner or commissioners nanu^d in such pelitiiMi fill- recall shall be voted upon as though candidates for election for the unex|)ii'e(| portion of the term for wliicli they, respectively, were originally elected, and any other candidate or candidates may, at the same time, be xoteil upon. It sh.all i('(|nir(' a majorit}' of all the ipialified votes entitled to \()1e lor such cuniinissionei-s, res[)ect ively, to constitute an election. In case less than a nKijori1\- of all (pialified votes shall be cast for any candidate, said recall shall be deemed to have faiic'd as to the commissioner conceniinn whose ollicc siudi vote was taken; aiis with said subpoena or order 1)1' t lie supervisor (ir i'1i;iirni;in of I lie Ikhii'i! of coinniissioncrs. [Ainond- nirnl approved .Jnnr I, r.il7; Stiils. 1!»I7, |i. l.")<.il.| 1069 MINES AND MINING. Act 2213b, §§ 13, U § 13. Decision of board. Within ten days after hearing the evidence, the board of commissioners must make a written decision with respect to the order appealed from and in case the same is affirmed or modified, shall retain jurisdiction thereof until such time as the work ordered to be done by such order shall be finally completed. This written de- cision shall be served upon the owner or his agent and shall siipersede the previous order of the supervisor. In case no written decision be made by said board of commissioners within thirty days after the date of notice by the supervisor as provided in section ten hereof, the order of the supervisor shall be effective and subject only to re^aew by writ of certiorari from the superior court as provided in section fourteen hereof. [Amendment approved June 1, 1917; Stats. 1917, p. 1594.] § 14. Commencement of work. Review of decision. Extent of review. Lien enforced. On or before thirty days after the date of serving an order of the supervisor, provided for in section eight hereof, or in case of appeal to the board of commissioners, on or before thirty days after date of serving the decision of the board, as provided in sections 12 and 13 hereof, or in the event review be taken of the order of the board of commissioners within ten days after affirmance of such order, the owner shall commence in good faith the work ordered and continue until completion. If the work has not been so commenced and continued, to completion, the supervisor shall appoint agents as he deems necessary who shall enter the j)reniises and perform the work. Accurate account of such expenditures shall be kept and the amount paid from the fund hereinafter created upon the warrant of the state controller. Any amount so expended shall constitute a lien against the property upon which the work is done. The decision of the board of commissioners in such case may be reviewed by writ of certiorari from the superior court of the county in which the district is situated, if taken within ten days after the service of the order upon said owner, operator or agent of said owner or operator as herein provided; or within ten days after decision by the board of commissioners upon petitions by the supervisor. Such writ shall be made returnable not later than ten days after the issu- ance thereof and shall direct the district board of oil and gas commis- sioners to certify their record in the cause to such court. On the return day the cause shall be heard by the court unless for good cause the same be continued, but no continuance shall be permitted for a longer period than thirty days. No new or additional evidence shall be introduced in the court before the cause shall be heard upon the record of the dis- trict board of oil and gas commissioners. The review shall not be ex- tended further than to determine whether or not — 1. The commission acted without or in excess of its jurisdiction. 2. The order, decision or award was procured by fraud. 3. The order, decision, rule or regulation is unreasonable. 4. The order, decision, regulation or award is clearly unsupported by the evidence. If no review be taken within ten days, or if taken in case the decision of the board is affirmed, the lien upon the property shall be enforced in the same manner as the other liens on real property are enforced, and shall first be enforced against the owner of the well, against the operator Act 2213b, §§ 15-17 general LxVws. 1070 and against the personal property and fixtures used in the construction or operation thereof, and then if there be any deficiency against the land upon which the work is done, upon the request of the supervisor, the state controller must, in the manner provided in section forty-four of this act, bring an action for the enforcement of said lien. [Amend- ment approved June 1, 1917; Stats. 1917, p. 1-594.] § 15. Wells to be cased. Shut-off test. It shall bo the duty of the owner of any well now drilled, or that may be drilled in the state of California, on lands producing or reasonably presumed to contain petro- leum or gas, to properly case such well or wells with metal casing, in accordance with methods approved by the supervisor, and to use every effort and endeavor in accordance with the most approved methods to effectually shut off all water overlying or underlying the oil or gas- bearing strata, and to effectually prevent any water from penetrating such oil or gas-bearing strata. Whenever it appears to the supervisor that any water is penetrating oil or gas-bearing strata, he may order a test of water shut off and desig- nate a day upon which the same shall be held. Said order shall be in written form and served upon the owner of said well at least ten days prior to the day designated in said order as the day upon which said shut-off test shall be held. Upon the receipt of such order it shall be the dut}- of the owner to hold said test in the manner and at the time pre- scribed in said order. [Amendment approved June 1, 1917; Stats 1917, p. 1594.] § 16. Abandonment of well. It shall be the duty of the owner of any well referred to in this act, before abandoning the same, or before re- moving the rig, derrick or other operating structure therefrom, or remov- ing any portion of the casing therefrom, to use every effort and en- deavor in accordance with methods approved by the supervisor, to shut off and exclude all water from entering oil-bearing strata encountered in the well. Before any well is abandoned the owner shall give written notice to the supervisor, or his local deputy, of his intention to abandon such well and of his intention to remove the derrick or any portion of the casing from such well and the date upon which such work of abandon- ment or removal shall begin. The notice shall be given to the- super- visor, or his local deputy, at least five days before such proposed aban- donment or removal. The owner -shall furnish the supervisor, or his deputy with such information as he may rcfiuest showing the condition of the well and proposed method of abandonment or removal. The suj)ervisor, or his deputy, shall before the proposed date of abandonment or" removal, furnish the owner with a written order of approval -of his proposal or a written order stating what work will be necessary before approval' to abandon or remove will be given. If the supervisor shall fail within the specified time to give the owner a written order such failure shall be considered as an approval of the owner's proposal to abandon ihc. well, or to remove the rig or casing therefrom. [Ameud- incnt ap|irov.'d .(iiiif 1, 1917; Stats. 1917, p. 159(1.] § 17. Notice of intention to drill. The owner or operator of any well referred to in this a<-t shall, before coiiimencing the work of drilling an 1071 MINES AND MINING. Act 2213b, § 18 oil or gas well, file with the supervisor, or his local deputy, a written notice of intention to commence drilling. Such notice shall also contain the following information: (1) Statement of location and elevation above sea level of the floor of the proposed derrick and drill rig; (2) the number or other designation by which such well shall be known, which number or designation shall not be changed after filing the notice provided for in this section, without the written consent of the supervisor being obtained therefor; (3) the owner's or operator's estimate of the depth of the point at which water will be shut oif, together with the method by which such shut-off is intended to be made and the size and weight of casing to be used; (4) the owner's or operator's estimate of the depth at which oil or gas producing sand or formation will be encountered. After the completion of any well the provisions of this section shall also apply, as far as may be, to the deepening or redrilling of any well, or any operation involving the plugging of any well or any operations permanently altering in any manner the casing of any well; and provided, further, that the number or designation by which any well heretofore drilled has been known, shall not be changed without first obtaining a written consent of the supervisor. [Amendment approved June 1, 1917; Stats. 1917, p. 1596.] § 18. Drilling log. Prospect wells. It shall be the duty of the owner or operator of any well referred to in 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 formation passed through or encountered in the drill- ing of such well, and particularly to show the location and depth of the water-bearing strata, together with the character of the water en- countered from time to time (so far as ascertained) 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 completely the amounts, kinds and size of casing used, and show the depth at which oil-bearing strata are encountered, the depth and character of 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; such log shall be kept in the local office of the owner or operator, and together with the tour reports of said owner or operator, shall be subject, during business hours, to the inspection of the supervisor, or any of this deputies, or any of the commissioners of the district, except in the case of a ijrospect well as hereinafter defined. Upon the comple- tion of any well, or upon the suspension of operations upon any well, for a period of six months if it be a prospect well, or for thirty days, if it be in proven territory, a copy of said log in duplicate, and in such form as the supervisor may direct, shall be filed within ten days after such completion, or after the expiration of said thirty-day period with the field supervisor, and a like copy shall be filed upon the completion of any additional work in the deepening of any such well. The state oil and gas supervisor shall determine and designate what wells are prospect wells within the meaning of this act and no reports shall be required from such prospect wells until six months after the completion thereof. The owner or operator of any well drilled previous to the enactment of this act shall furnish to the supervisor or his deputy a complete Act 2213b, §§ 19-22 general laws. 1072 aud correct log in duplicate and in such form as the supervisor may direct, or his deputy, of such well, so far as may be possible, together with a statement of the present condition of said well. [Amendment approved June 1, 1917; Stats. 1917, p. 1597.] § 19. Notice of shut-off test. It shall be the duty of the owner or operator of any well referred to in this act to notify the deputy super- visor of the time at which the owner or operator shall test the shut-off of water in any such well. Such notice shall be given at least five days before such test. The deputy supervisor or an inspector designated by the supervisor shall be present at such test and shall render a report in writing of the result thereof to the supervisor, a duplicate of which shall be delivered to the owner. If any test shall be unsatisfactory to the supervisor he shall so notify the owner or operator in said report and shall within five days after the completion of such test, order ad- ditional tests of such work as he deems necessary to properly shut off the water in such well and in such order shall designate a day upon which the owner or operator shall again test the shut-off of water in any such well, which day may, upon the application of the owner, be changed from time to time in the discretion of the deputy supervisor. [Amendment approved .June 1, 1917; Stats. 1917, p. 1.597.] § 20, Statement of oil produced. It shall be the duty of every person, association or corporation producing oil in the state of California, to file with the supervisor, at his request but not oftener than once in each month, a statement showing amount of oil produced during the period indicated from each well, together with its gravity and the amount of water j^roduced from each well, estimated in accordance with methods approved by the supervisor, and the number of days during which fluid was produced from each well, the number of wells drilling, jn'oducing, idle or abandoned, owned or operated by said person, association or cor- poration; provided, that, upon request and satisfactory showing a longer interval may be fixed by the state oil aud gas supervisor as to such reports in the case of any sj^ecific owner or operator. This information shall be in such form as the supervisor may designate. I Amendment approved ,lune 1, 1917; Stats. 1917, p. 1598.] § 21a. Primary interest of state. The charges hereinafter provided for are iliT-ected to be levied by the state of California as necessary in the exorcise of its police power and to provide a means by which to supervise and protect deposits of petroleum and gas witin the state of California, in which deposits the |)eople of the state of California are hereby declared lo have a primary and supremo interest. [New section added June 1, 1917; Stats. 1917, p. 1598.] § 22. Charges for support of department. Charges levied, assessed and collected as hereinafter provided upon the properties of every per- son, firm, corporation or association operating any well or wells for the |irr)dncfion of jict rulcuni in this state, or operating any well or wells tor tiir incHJiirM ion of n;itiir;il gas in this state which gas wells are situate on Iniids sihiatr within two miles, as near as may be, of any petroleum or gns well the iJiodnrt inn of which is chargeable undci' this act, shall 1073 MINES AND MINLNG. Act 22131), §§ 24-.'5(i be used exclusively for the support and maiutenancc of the department of petroleum and gas hereinbefore created, and shall be assssed and levied by the state mineralogist, and collected in the manner herein- after provided. [Amendment approved June 1. 1917; Stats. 1917, p. 1598.] §24. Annual charge on gas. Every person, firm^ corporation or asso- ciation operating any gas well or wells in this state shall annually pay a charge to the state treasurer based upon the amount of gas sold in the preceding calendar year, at a fixed rate per thousand cubic feet, at the times and in the manner hereinafter provided, based upon a veri- fied report as herein provided. [Amendment approved .June 1, 1917; Stats. 1917, p. 1599.] § 27. Estimate of moneys required. The state mineralogist shall an- nually, on or before the first Monday in March, acting in conjunction with the state board of control, make art estimate of the amount of moneys which shall be required to carry out the provisions of this act. At the time of making such estimate, the state mineralogist shall re- port to the state board of control the amount of money in the petroleum and gas fund on the day such estimate is made, less the amount of money necessary for the support of the department of petroleum and gas for the remainder of the fiscal year, and the amount of such esti- mate shall in no event exceed the difference between the amount thus determined as remaining in the petroleum and gas fund at the end of the fiscal year and the sum of one hundred fifty thousand dollars. [Amendment approved June 1, 1917; Stats. 1917, p. 1599.] § 31. Penalty. Any person, firm, corporation or association failing or refusing to make or furnish any report which may be required pur- suant to the provisions of this act, or who willfully renders a false or fraudulent report, shall be guilty of a misdemeanor and subject to a fine of not less than three hundred dollars, nor more than one thousand dol- lars, or by imprisonment in the county jail not exceeding six months, or both such fine and imprisonment for each such offense. [Amend- ment approved June 1, 1917; Stats. 1917, p. 1599.] § 33. Determination of rate. On or before the third Monday before the first Monday in July of each year, the state mineralogist shall de- termine the rate or rates which shall produce the sums necessary to be raised as provided in section twenty-seven of this act. Within the same time the said state mineralogist shall extend into the proper column of the record of assessments hereinafter provided for, the amount of cliarges due from each person, firm, corporation or association. [Amendment ap- proved June 1, 1917; Stats. 1917, p. 1599.] §36. Notice of assessment published. On the third Monday before the first Monday in July of each year the state mineralogist shall cause to be published a notice, one or more times, in a daily, or weekly, or semi-weekly newspaper of general circulation published in the counties of Fresno, Kern, Los Angeles, Orange, Ventura and Santa Barbara, and such other counties as may contain lands or produce oil or gas charged 68 Act 2213b, §§ 37-40 gkneral laws. 1074 under and pursuant to the terms and provisions of this act, if one be published therein, otherwise in a newspaper of general circulation pub- lished in the county nearest to such county designated herein in which no such paper is published, that the assessment of property and levy of charges under and in pursuance of this act has been completed and that the records of assessments containing the charges due will be de- livered to the state controller on the first Monday in July, and that if any person, firm, corporation or association is dissatisfied with the assess- ment made or charge fixed by the state mineralogist, he or it may, at any time before said first Monday in July, apply to said board of review, correction and equalization to have the same corrected in any particular. The said board shall have the power at any time before said first Mon- day in July to correct the record of assessments and may increase or decrease any assessment or charge therein if in its judgment the evi- dence presented or obtained warrants such action. Costs of such pub- lication in any county shall be paid from the petroleum and gas fund; provided, however, that the omission to publish said notice as hereinbe- fore and in this section provided, shall not affect the validity of any assessment levied under or pursuant to the provisions of this act. [Amendment approved June 1, 1917; Stats. 1917, p. 1600.] § 37. Record of assessments and charges. The state mineralogist must prepare each year a book in one or more volumes, to be called the "Record of assessments and charges for the petroleum and gas fund," in which must be entered, either in writing or printing, or both writing and printing, each assessment and levy or charge made by him upon the property provided to be assessed and charged under this act, describing the property assessed, and such assessments may be classified and entered in such separate parts of said record as said state mineralogist shall pre- scribe. [Amendment approved June 1, 1917; Stats. 1917, p. 1600.] § 38. Record delivered to controller. On the first Monday in July the state mineralogist must deliver to the state controller the record of assessments and charges for the petroleum and gas fund, certified to by said state mineralogist, which certificate shall be substantially as follows: " I, , state mineralogist, do hereby certify that between tlie first Monday in March and the first Monday in July, 19 — , made diligent inquiry and examination to ascertain all property and persons, firms, corporations and associations subject to assessment for the pur- pose of the petroleum and gas fund as required by the provisions of the act of legislature approved .June 10, 1915, providing for the assess- ment and collection of charges for oil protection; that T have faithfulOy complied with all the duties imposed upon me by law; that I have not imi)0sed any unjust or double assessment through malice or ill will, or otherwise; nor allowed any person, firm, corporation or association or property to escape a just assessment or charge through favor or regard, or otherwise." But the failure to subscribe such certificate to such record of assessments and charges for oil protection, or any certificate, shall not in any manner affect the validity of any assessment or charge. [Amendment approved June 1, 1917; Stats. 1917, p. 1600.] §40. Publication of controller's notice. Within ten days after the reccijil of tlio rci'ord of assesamcnts and duirges Cor oil protection, the 1075 MINES AND MINLNG. Act 2213b, §§ 41-43 state controller iinist begin the publication of a notice to appear daily for five days, in one daily newspaper of general circulation published in each of the counties of Fresno, Kern, Los Angeles, Orange, Ventura and Santa Barbara, and such other counties as may contain lands or produce oil or gas charged under or pursuant to the terms and provisions of this act, if one be published therein, otherwise for at least two times in a weekly or semi-weekly paper of general circulation published therein, or if there be neither a daily nor weekly nor semi-weekly paper of general circulation published in any one of such counties, then the publication of the notice for such county shall be made in a similar manner in a new^spaper of general circulation published in the county nearest such county, specifying: (1) That he has received from the state mineralogist the record of assessments and charges for oil protection; (2) that the charges therein assessed and levied are due and payable on the first Monday in July and that one-half thereof will be delinquent on the sixth Monday after the first Monday in July at six o'clock P. M., and that unless paid to the state treasurer at the capital prior thereto, fifteen per cent will be added to the amonnt thereof, and unless paid prior to the first Monday in February next thereafter at six o'clock P. M., an additional five per cent will be added to the amount thereof; and that the remaining one-half of said charges will become delinquent on the first Monday in February next succeeding the day upon which they become due and payable, at six o'clock P. M. and if not paid to the state treasurer at the capital prior thereto, five per cent will be added to the amount thereof. Costs of such publication in any county shall be paid from the petroleum and gas fund. [Amendment approved June 1, 1917; Stats. 1917, p. 1601.] § 41. Assessments constitute lien. The assessments and charges levied under the provisions of this act shall contitute a lien upon all the prop- erty of every kind and nature belonging to the persons, firms, corpora- tions and associations assessed under the provisions hereof, which lien shall attach on the first Monday in March of each year. Such lien shall be enforced and said charges collected by an action by the state controller as provided in section forty-four of this act. [Amendment approved June 1, 1917; Stats. 1917, p. 1601.] § 42. Charges paid to state treasurer. All charges assessed and levied under the provisions of this act shall be paid to the state treasurer upon the order of the state controller. The controller must mark the date of payment of any charge on the record of assessments for the petroleum and gas fund and shall give a receipt for such payment in such form as the controller may prescribe. Errors appearing upon the face of any assessment on said record of assessments or overcharges may be cor- rected by the controller by and with the consent of the state board of control, in such manner and at such time as said controller and said board shall agree upon. [Amendment approved June 1, 1917; Stats. 1917, p. 1602.] § 43. Action to recover damages. Procedure. Failure to "bring action. Any person, firm, corporation or association clainiiug and ]irotestijig as herein provided that the assessment made or charges assessed against Act 2213b, § i-i GENERAL LAWS. 1076 liim or it by the state mineralogist is void, in whole or in part, may bring an action against the state treasurer for the recovery of the whole or any part of such charges, penalties or costs paid on such assessment, upon the grounds stated in said protest, but no action may be brought" later than the third Monday in February next following the day upon which the charges were due, nor unless such jjerson, firm, corporation or association shall ha^'e filed with the state controller at the time of payment of such charges, a written protest stating whether the whole assessment or charge is claimed to be void, or if a part only, what part, and the grounds upon which such claim is founded, and when so paid under protest the payment shall in no case be regarded as voluntary. Whenever, under the provisions of this section, an action is com- menced against the state treasurer, a copy of the complaint and of the summons must be served upon the treasurer,' or his deputy. At the time the treasurer demurs or answers, he may demand that the action be tried in the superior court of the county of Sacramento, which de- mand must be granted. The attorney employed by the state oil and gas supervisor must defend such action; provided, however, the said miner- alogist may at the request of the said oil and gas supervisor employ additional counsel, the expense of which employment shall be paid from the petroleum and gas fund. The provisions of the Code of Civil Pro- cedure relating to pleadings, proofs, trials and appeals are applicable to the proceedings herein provided for. A failure to begin such action within the time herein specified shall be a bar against the recovery of such charges. In any such action the court shall have the power to render judgment for the plaintiff for any part or portion of the charge, penalties, or costs found to be void and so paid by plaintiff upon such assessment. [Amendment approved June 1, 1917; Stats. 1917, p. 1602.] § 44. Action to collect delinciueiit charges. Procedure. The state controller shall, on or before the thirtieth day of May next following the delinquency of any charge as provided in this act, bring an action in a court of competent jurisdiction, in the name of the people of the state of California, in the county in which the property assessed is situ- ated, to collect any delinquent charges or assessments, together with any penalties or costs, which have not been paid in accordance with the provisions of this act and appearing delinquent upon the records of assessments and charges for the petroleum and gas fund in this action jirovided for. The attorney for the state oil and gas supervisor shall commence and l>rosecutc such action to final judgment and the provisions of the Code of Civil Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings herein provided for. The state mineralogist may employ additional counsel to assist the attorney for the state oil and gas supervisor, and the expense of such employment shall be paid from the petroleum and gas fund. Payments of the i)ena]ties and charges, or amount of the judgment recovered in sucli action must be made to the state treasurer. In sucii actions the rcionl of assessment and charges for oil protection, or a cofty of HO iiinch thereof as is ai)|)iicable in said action, duly certified 1077 MINES AND MINING. Act 2213b, §§ 46-48 by the controller showing unpaid charges against any person, firm, cor- poration or association assessed by the state mineralogist is prima facie evidence of the assessment upon the property, the delinquency, the amount of charges, penalties, and costs due and unpaid to the state, and that the person, firm, corporation or association is indebted to tlie people of the state of California in the amount of charges and penalties therein appearing unpaid and that all forms of law in relation to tlie assessment of such charges have been complied with. [Amendment approved June 1, 1917; Stats. 1917, p. 1603.] § 46. Petroleum and gas fund. All the moneys heretofore paid to the state treasurer under or pursuant to the provisions of this act and deposited to the^ credit of the oil protection fund, shall be withdrawn from said fund, which is hereby abolished, and deposited to the credit of the petroleum and gas fund which is hereby created. All of the moneys hereafter paid to the state treasurer under or pursuant to the provisions of this act shall be deposited to the credit of the petroleum and gas fund. All moneys in such fund shall be expended under the direction of the state mineralogist, drawn from such fund for the pur- pose of this act upon warrants drawn by the controller of the state, upon demands made by the state mineralogist, and audited by the state board of control. Of the moneys in said petroleum and gas fund, when such action has been authorized by the state board of control, the state mining bureau may withdraw, without at the time furnishing vouchers and itemized statements, a sum not to exceed five hundred dollars, said sum so drawn to be used as a revolving fund where cash advances are necessary. At the close of each fiscal year, or at any other time, upon demand of the board of control, the moneys so drawn shall be accounted for and substantiated by vouchers and itemized statements submitted to and audited by the board of control. [Amendment ap- proved June 1, 1917; Stats. 1917, p. 1603.] § 47. Repair work. All moneys received in repayment of repair work done under the order and direction of the supervisor as herein- before provided, shall be returned and credited to the petroleum and gas fund. [Amendment approved .June 1, 1917; Stats. 1917, p. 1601.] § 48. Supervisor's annual report. On or before the first day of October of each and every year tiie supervisor shall submit a report in writing to the state mineralogist showing the total number of barrels of petroleum produced in each county in the state during the jirevious calendar year, together with the total cost of said department for the previous fiscal year and the net amount remaining in the petroleum and gas fund avail- able for the succeeding fiscal year's expense, also the total amount delinquent and uncollected from any assessments or charges levied under or pursuant to the provisions of this act. Such report shall also include such other information as the supervisor may deem advisable. The state mineralogist shall make public such statements promptly after receipt of the same from the supervisor for the benefit of all parties interested therein. [Amendment approved June I 1917; Stats. 1917, p. 1604.] Acts 2225-233 lb general laws. 1078 § 49. Certificate showing names of persons claiming interest. The owaer or operator of any lauds or tenements subject to assessmeut under this act shall, within six months after this act goes into effect, file with the supervisor a certificate which shall contain the names of all the parties claiming an interest in or to said lands and full description of the property and the names of all parties in interest where such interest is held by lease, license or assignment. [Amendment approved June 1, 1917; Stats. 1917, p. 1604.] ACT 2225. An act to establish a uniform system of mine bell signals, to be used in all mines operated in the state of California, and for the protec- tion of miners. [Approved March 8, 1893. Stats. 1893, p. 82.] Repealed 1917; Stats. 1917, p. 434. TITLE 356. MONTEREY COUNTY. ACT 2317. An act to provide for tlie accomplishment of the work of constructing a breakwater in Monterey Bay, California, as recommended in the report of the chief of engineers. United States army, and printed in a document of the United States house of representatives, No. 1084, sixty-first congress, third session, calling for an expenditure of eight hundred thousand dollars and making an appropriation for such work. [Approved March 15, 1911. Stats. 1911, p. 371.] The act appropriated $200,000 for the purpose indicated, conditional upon the Unitetl States government taking charge of the work and appropriating ,$(iOO,000 for the work. This act was suiierscded by the act of 1917, p. 475. Sec next Act. ACT 2318. An act making an appropriation to aid in the construction of a break- water in Monterey Bay, California. [Approved May 14, 1917. Stats. 1917, p. 475. ' In effect July 27, 1917.] This act appropriated $200,000 for the purpose indicated, conditional ii])On the United States government taking charge of tlie work and aiiprojiriatiiig not less than $200,000 for the work. TITLE 360. MOTOR VEHICLES. ACT 2331b. .\n act 1o regulate the use and operation of vehicles upon the public liighways and elsewlierc; to provide for the registration and identi- fication of motor vehicles and for tiie jiayment of registration fees tlicrefor; to provide for the licensing of ]>ersons o|)erati7ig motor . vehicloH; to prohibit certain persons from operating vehicles upon the ])ublic highways; to i)rohibit the possession or use of a motor vehicle without the consent of the owner tiiereof; and to proliibit the od'er to or acceptance by certain persons of any bonus or discount 1079 MOTOR VEHICLES. Act 2331b, § 1 or other consideration for the purchase of supplies or parts for motor vehicles, or for work or repair done thereon; to provide penalties for violations of provisions of this act, and to provide for the dis- position of fines and forfeitures imposed thereon; to limit the power of local authorities to enact or enforce ordinances, rules or regulations in regard to matters embraced within the provisions of this act; to provide for the disposition of registration and license fees, fines and forfeitures collected hereunder; to create a motor vehicle department and to provide for the organization and conduct thereof; to provide for carrying out the objects of this act, and to make appropriation therefor; and to repeal all acts or parts of acts in conflict with this act. [Approved May 10, 1915. Stats. 1915, p. 397.] Amended 1917; Stats. 1917, p. 382. The amendment of 1917 follows: § 1. Words and phrases defined. The words 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) "motor vehicle" shall include all vehicles propelled otherwise than by muscular power, except trailers and such vehicles as run upon stationarj^ rails or tracks; (2) "automobile" shall include all motor vehicles excepting motorcycles; (3) "motorcycle" shall include all motor vehicles designed to travel on not more than three wheels in contact with the ground, and of not exceeding ten horse-power, and of not exceeding the weight of five hundred pounds unladen; provided, however, that any motor vehi- cle which shall be operated on the public highway drawing a trailer shall be deemed to be an automobile for all the purposes of this act; and provided, further, that for the pui-poses of this act a trailer shall be deemed to be anj- vehicle which is at any time drawn upon the public highway by a motor vehicle, excepting any implements of husbandry temporarily drawn, propelled or moved upon such highway; (4) "high- way" shall include any public highway, county road, state highway or state road, public street, avenue, alley, park, parkway, driveway, square or place, bridge, viaduct, trestle, or any other territory or structure, whether public or private, designed, intended or used by or for the gen- eral public for the passage of vehicles, in any county, or incorporated city and county, city or town within the state of California; (5) "business district" shall mean the territory of any county or incorporated city and county, city or town, contiguous to a public highway, which is on the line of said highway mainly built up with structures devoted to business; provided, that the local authorities having charge of such highway shall have placed conspicuously thereon at the boundary lines of such business district, signs of sufficient size to be easily readable by a person using the highway, bearing the words "business district — slow down to fifteen miles an hour," and also an arrow pointing in the direction of said busi- ness district; (6) "closely built up" shall mean the territory of any county or incoi'porated city and county, city or town, contiguous to a public highway, which is on the line of said highway not mainly devoted to business, where for not less tha.n a quarter of a mile the dwelling- Act 2331b, § 1 GENERAL LAWS. 1080 houses and business structures on such highway average less than one hundred feet apart; provided, that the local authorities having charge of such highway shall have placed conspicuously thereon at the bound- ary lines of such district, signs of sufficient size to be easily readable by a person using the highway, bearing the words "speed limit twenty miles an hour," and also an arrow pointing in the direction of said closely built up district; (7) "local authorities" shall include all boards of super- visors, trustees or councils, commissions, committees, and other public officials of counties, incorporated cities and counties, cities or towns, or municipal or quasi-municipal corporations when such officials possess or exercise legislative or police powers; (8) "chauffeur" shall mean any person who operates an automobile in the transportation of persons and who receives any compensation for such service in wages, commission or otherwise, paid directly or indirectly, or who as owner or employee operates an automobile carrying passengers for hire; provided, however, that this definition shall not include manufacturers' agents, proprietors of garages and dealers, salesmen, mechanics, or demonstrators of auto- mobiles in the ordinary course of their business; (9) the term "state" as used in this act, except where otherwise expressly provided, shall also include the territories, federal districts and insular possessions of the United States; (10) "nonresidents" shall mean residents of states or countries other than the state of California whose sojourn in this state, or whose occupation of their regular place of abode or business in this state, if any, covers a total period of less than three months in the cal- endar year; (11) "owner" shall include any person, firm, association, or corporation, having the lawful use or control, or the right to the use or control, of a vehicle, under a lease or otherwise, for a period of ten or more successive days; (12) "manufacturer" or "dealer" shall signify a person, firm, association, or corporation regularly in the business of having in his, its or their possession vehicles for sale or trade and for use and operation pursuant thereto, and shall be considered owners of vehicles manufactured or dealt in by them for the purposes of this act, prior to sale and delivery thereof, and of all vehicles in their possession and operated or driven by them or by their employees; provided, how- ever, tliat anything to the contrary herein notwithstanding, the deter- mination of the motor vehicle department shall be final and conclusive upon the question whether or not an applicant for registration shall be a manufacturer or dealer within the meaning and intent of this act; (13) "garage" shall mean every place of business where motor vehicles are received for housing, storage or rejjair, for compensation; (14) "inter- secting highway" sliall mean any highway which joins another at an angle, whether or not it crosses the other; (15) "operator" shall moan any |)erson other than a chauffeur wlio operates a motor vehicle and any pcisiiti vvlio operates, rides, drives or propels any vehicle other than a motor vehicle; (16) "person" shall include any corporation, association, copartnership, company, firm, or other aggregation of individuals; and where the term "ficrsori" is used in connection with the registration of a vcliicic, it slinll include any corporation, association, copartnership, company, firm, or otlicr aggregation of individuals which owns or con- trols such veliide as actual owner, or for the purpose of sale or for renting, whether as agent, salesman, or otherwise; (17) "department" as 1081 MOTOK VEHICLES. Act 2331b, § :} used in this act shall mean the motor vehicle department of California, acting directly or through its duly authorized agent; (18) "vehicle" shall include every wagon, hack, coach, carriage, omnibus, bicycle, tricycle, automobile, cyclecar, motorcycle, truck, trailer, traction engine, tractor, or other conveyance or contrivance for moving persons, animals or things, in whatever manner and by whatever force or power the same may be ridden, driven, propelled, drawn or moved, which is ridden, driven, pro- pelled, drawn or moved on the public highway, including implements of husbandry temporarily drawn, propelled or moved on the public highway, and excepting only conveyances drawn or propelled by pedestrians, and railroad, street or interurban cars, engines and motors moving upon stationary rails or tracks; (19) the city and county of San Francisco shall be considered a county; (20) "net receipts" shall signify the balance remaining of the money paid to the department in conformity with the provisions of this act after the payment of all salaries, expenses and refunds incident to the administration and enforcement of this act; (21) "specially constructed" motor vehicle shall mean a motor vehicle which shall not have been originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of motor vehicles; provided, that in case of dispute the determination of said department as to the character of construction of any such motor vehicle shall be conclusive; (22) "reconstructed motor vehicle" shall mean a motor vehicle which shall have been assembled or constructed largely by means of essential parts, new or used, derived from other motor ve- hicles or makes of motor vehicles of various names, models or types, or which, if originally otherwise constructed, shall have been materially altered by the removal of essential parts or by the addition or substi- tution of essential parts, new or used, derived from other motor vehicles or makes of motor vehicles; provided, that for the purpose of this act the term "essential parts" shall include not only integral parts but also body parts, such as fenders, hood, cowl, and other parts the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the motor vehicle; and provided, further, that in ease of dispute the determination of said department as to the character of such assembly, reconstruction or alteration shall be conclusive; (28) "imported motor vehicle" shall mean any motor vehicle which shall be brought into the state from another country or state otherwise than in the ordinary course of business by or through a Tuanu- facturer or dealer, and which has not been registered in this state, ex- cept such motor vehicles, owned by nonresidents, as arc provided for by section twenty-seven of this act; (24) "highway commission" shall mean the appointed members of the advisory board of the department of engineering of the state of California. [Amendment approved May 10, 1917; Stats. 1917, p. 382.] § 3. Application for registration. Determination of horse-power. Im- ported motor vehicle. Trailers. Every owner of a motor vehicle which shall be operated or driven upon the public highways shall, for each motor vehicle owned, except as herein otherwise expressly provided, cause to be tilled, by mail, or otherwise, with the department an appli- cation for registration on a blank to be furnished by said department Act 2331b, § 4 GENERAL LAWS. 1082 for that purpose, containing, in addition to such other particulars as may be required by said department, a statement of the name and post- office address of the applicant, a description of such motor vehicle, including the name of the maker, the number, if any, affixed to the motor or engine by the maker, the character of the motive power, and the diameter of the cylinder bore and the number of cylinders; and with such application the applicant shall deposit the proper registration fee as provided in section seven of this act; provided, that for all the purposes of this act the horse-power of any motor vehicle, except elec- tric or steam-driven vehicles, shall be determined by the formula com- monly known as that of the Association of Licensed Automobile Manu- facturers (A. L. A. M.), being as follows: square the diameter of the cylinder in inches, multiply by the number of cylinders, and divide by two and five-tenths; provided, further, that for the purposes of this act the horse-power of any steam-driven motor vehicle shall be the liorse-power rating fixed and advertised by the manufacturer thereof; provided, further, that in case the motor vehicle sought to be registered shall be a specially constructed or a reconstructed motor vehicle, that fact must be stated by the applicant in his application for registration and he shall furnish the department on demand such additional information relating to said motor vehicle as shall be satisfactory to the department before it may register such vehicle; and provided, further, that in ease the motor vehicle sought to be registered shall be an imported motor vehicle, within the meaning of this act, that fact must be stated by the applicant in his application for registration, and he shall furnish the department on demand such additional information relating to said motor vehicle as shall be satisfactory to the department before it may register such vehicle, and in case such vehicle shall have been thereto- fore registered in any other state or country, the applicant shall with his original application for registration supply the department with full information relating to such former registration and shall surrender to the department any number plates, seals, certificates of registration or other evidences of such former registration as may be in the appli- cant's possession or control. Every owner of a trailer or trailers which shall be drawn upon a public highway when any such trailer shall exceed one ton in weight shall cause to be filed by mail or otherwise, with the department, an application for registration on a blank to be furnished by said department for that purpose, containing in addition to such other particulars as may be required by said department, a statement of the name and postoffice address of the applicant, and with such application the applicant shall deposit the proper registration fee, as provided in section seven of tliis act. [ Amend nuMit approved May 10, 1917; Stats. 1917, p. .38.'5.] §4. Registration. Record posted. Upon the receipt by the dei)art- ment of an application for registration of a motor vehicle or trailer or trailers accompanied by the fee required by section seven of this act, the dej)artment shall file such application and if satisfied that the ap- plicant is entitled to registration of said vehicle or vehicles as the owner thereof witliin the meaning (if this act, and if all fees theretofore pay- able to the department in connection witii the registration, or any re- 1U83 MOTOR vEiiJCLEs. xVct 2831b, ^s- 5-7 newal thereof, of said vehicle or vehicles shall have been duly paid, shall alphabetically, and also numerically, register such motor vehicle or trailer or trailers with the name and postofi&ee of the owner, together with the facts stated in: such application, in a book or on index cards to be kept for the purpose, under a distinctive number assigned to such motor vehicle or trailer or trailers' by the department, which book or index cards shall be open to inspection by the public during reasonable business hours. A full record of all motor vehicle registration shall be posted daily by the department upon a bulletin-board so located so as to be easily accessible to the public, and no information relative to any such registrations shall be made public by any employee of the department in advance of sucli posting. [Amendment approved May 10, 1917; Stats. 1917, p. 386.] § 5. Numbers. Upon the filing of such application and the payment of the fee provided in this act, the department shall upon registration assign to such motor vehicle or trailer or trailers a distinctive registration num- ber. Such number so assigned shall be the number assigned to such motor vehicle' at each succeeding registration thereof so long as such motor vehicle shall be owned by the owner to whom the original assignment was made, and upon sale or transfer of such motor vehicle, said num- ber may be canceled or may be reassigned as an original assignment to the same or another motor vehicle, at the option of said department, subject to the provisions hereinafter contained. [Amendment approved May 10, 1917; Stats. 1917, p. 387.] §6. Annual registration. Such registration shall be renewed annually in the same manner and upon payment of the same fee as provided for original registration, such renewal to take effect on the first day of January of each year. The seals and certificates of registration fur- nished by the said department as provided hereinafter shall be valid during the calendar year onh' in which they are furnished or issued. [Amendment approved May 10, 1917; Stats. 1917, p. 387.] § 7. Fees. Chauffeurs. Period less than one year. The following fees shall be paid to the department upon the registration of a vehicle in accordance with the provisions of this act and shall accompany the application hereinabove provided for: For the registration of every motorcycle, two dollars; for the registration of every automobile, ex- cept electric automobiles, the sum of forty cents for each horse-power, or major fraction thereof, according to the formula specified in section three of this act; for the registration of every motor vehicle equipped with other than pneumatic tires and used for commercial purposes, weighing under four thousand pounds unladen, five dollars in addition to the fees provided herein for horse-power rating or for electric motor vehicles; for every such vehicle weighing four thousand pounds and over and less than six thousand pounds unladen, ten dollars in addition to the fees provided herein for horse-power rating or for electric motor vehicles; for every such vehicle, weighing six thousand pounds and over and less than ten thousand pounds unladen, fifteen dollars in addition to the fees provided herein for horse-power rating or for electric motor vehicles; for every such vehicle weighing ten thousand pounds and over unladen. Act 2331b, § 8 GENERAL LAWS. 1084 twenty dollars in addition to the fees provided herein for horse-power rating or for electric motor vehicles; for the registration of every elec- tric motor vehicle, five dollars; for the registration of motor vehicles owned by or under the control of a manufacturer of, or dealer in, motor vehicles, if such person operates upon the public highways not more than five automobiles, twenty-five dollars, and two dollars for every automobile in excess of five so operated, including the necessary number plates; for the registration of the motorcycles owned by or under the control of a manufacturer of, or dealer in motorcycles, and who does not operate upon the public highway more than five motor- cycles, five dollars, and one dollar for every motorcycle in excess of five so operated, including the necessary number plates; for every registration number plate for trailers, two dollars; for the original license of every chauffeur, two dollars, and for each annual renewal thereof one dollar; for every additional number plate furnished to replace such plates as have been lost or mutilated or which are illegible, one dollar, which shall include seal; for every seal or registration certificate furnished to replace such as have been lost or mutilated or which are illegible, fifty cents. Anything herein to the contrary notwithstanding, if application for the registration of a motor vehicle or for an original chauffeur's license is made during the period beginning on the first day of April and ending on the thirtieth day of June, in any year, three-fourths of the annual fee shall be paid; if application is made during the period beginuiug on the first day of July and ending on the thirtieth day of September, one-half of such annual fee; if application is made during the period beginning on the first day of October and ending on the thirty-first day of December, one-fourth of such annual fee. [Amendment approved May 10. 1917; Stats. 1917, p. 387.] § 8. Number plates furnished. Registration seal. Certificate of registration. Plates, etc., furnished without charge. Transfer of owner- ship. Joint statement. New registration. Person not intending to operate. Rebate. Unsafe motor vehicle or trailer. The department shall furnish to every ijerson whose motor vehicle or trailer or trailers shall be registered as aforesaid, on original registration, one number plate for motorcycles and trailers; and two number plates for automobiles, the same to have displayed upon them the registration number assigned to such vehicle, together with the abbreviation "Cal.," and to have space provided thereon to which may be attached each year the regis- tration seal to be furnished by the department as hereinafter provided; provided, however, that number plates furnished for trailers and for such motor vehicles as are exempted by section two of this act from the payment of the fees in this act prescribed shall contain suitable distinguishing marks or symbols, and the numbers assigned in such cases shall run in different numerical series from the numbers assigned to other vehicles registered umler the provisions of this act; and pro- vided, further, anything to the continrv ii: this act notwithstanding, that it shall not be necessary tn apjily for registration of implements of husbandry temporarily drawn, moved or otherwise propelled upon the public highway, nor shall it be necessary for the department to 1085 MOTOR vKiiiCLES. Act 23311), ^ 8 assign any distinguishing numbers to such implements of husbandry or to furnish number plates for display thereon. Said department shall furnish with each number plate, and on each annual renewal of registra- tion, a registration seal together with screws or other means of attach- ment to the number plate, the form and character of which seal shall be uniform for any one calendar year, such seal to be changed by the department as to design or color or both, from year to year. Said seal shall bear the identical number shown on the number plate to which it is to be attached and also the calendar year for which it is issued and it shall be valid only for such year. The department shall also fur- nish with each number plate for motorcycles and with each pair of number plates for automobiles, and on each annual renewal of registra- tion, a certificate of registration which shall contain upon the face thereof the following data: The name of the registered owner of the motor vehicle, his postofficc address, the make of the vehicle, the year model denoted by the manufacturer, the model or letter denoted by the manu- facturer, if any, the engine or motor number, the registered horse-power, the registration number and the amount of annual registration fee, together with the date of issue of the certificate. In case of motor- cycles, the manufacturer's serial number shall be stated in lieu of the engine number. Such certificate shall contain a blank space for the signature of the registered owner. The reverse side of said certificate shall contain forms (a) for notice to the department by the registered owner, in case of transfer of ownership, as hereinafter required, and (b) for application to the department by the transferee, in case of transfer of said motor vehicle, for registration thereof in his name, said, application to be in the form of a .ioint statement to be signed by both transferor and transferee and to contain, in addition to such other particulars as may be required by said department, a statement of the postoffice address of the transferee so applying for registration. Said certificate shall contain the identical registration number denoted on the number plate or plates and seal in connection with which such cer- tificate is issued, and it shall be valid only for the calendar year in which it is issued. Said certificate shall be inclosed in a suitable con- tainer, to be furnished by the department, such container to have a frame of aluminum or other metal and to have a cover of isinglass or other transparent material, through which such certificate can be easily inspected, and with such container said department shall furnish screws or other suitable means of attachment to the motor vehicle. Said num- ber plates, seals, certificates and containers shall be furnished by the department without further charge than the fees specified in section seven of this act, with transportation prepaid, and shall be of substan- tial character and suitable form and design, to be determined bj^ the department. Upon the transfer of ownership of any motor vehicle its registration shall expire and the person in whose name sxich vehicle is registered shall forthwith (a) file with the department a notice, upon the form furnished by the department and attached to the certificate of registra- tion, containing the date of such transfer of ownership and the name and postoffice address of the transferee, and, (b) subject to the provi- sions hereinafter contained, return the registration number plate or Act 2331b, § 8 GENERAL LAWS. 1086 plates and seal, transportation prepaid, to the department. In the case of such transfer of ownership of any motor vehicle or in case of loss of possession thereof, the registered owner, provided that he applies to the department within ten days after such transfer or loss of possession, may have assigned to another motor vehicle the registration number of the motor vehicle so transferred or lost; provided, further, that in such case of transfer and application for reassignment to anottier motor vehicle, the number plate or plates and seals may be retained for a period of ten days after such transfer, and if application for such re- assignment shall have been made within said period they may be further retained until the department has either duly reassigned said number in accordance with said application or has refused said application for reassignment and has canceled said number and demanded surrender of said plate or plates and seals. Upon the transfer of ownership of any motor vehicle, the person in whose name such vehicle is registered and the person to whom ownership of such vehicle is to be transferred shall forthwith join in a statement of said, transfer indorsed upon the reverse side of the certificate of registration of said motor vehicle in the space provided for said pur- pose, which statement shall be signed by the transferrer in the manner and form of his signature contained on the face of said certificate and which statement shall likewise be signed by the transferee, who shall also set forth below his signature his postoffice address. Said statement shall include an application by the transferee for registration of said vehicle in his name. Said certificate so indorsed and bearing upon the reverse side thereof the signatures of the transferrer and transferee, shall be forwarded by the transferee to the department together with the proper fee for registration required by section seven of this act. The department shall file said certificate so jointly indorsed by transferrer and transferee and upon receipt of the proper fee as above provided the department, if satisfied of the genuineness and regularity of said transfer, shall register said motor vehicle in the name of said transferee and may cancel the former registration number or assign the same to the same or another motor vehicle, at the option of the department, subject to the other provisions of this act. Upon such registration the department shall issue and forward to the applicant without further charge than as provided in section seven of this act, a new registration certificate in the manner and form as hereinabove provided for original registration. Lentil said transferee has received said certificate of registration and has written his name upon the face thereof in the blank space provided for said puqDose by the department, delivery of said motor vehicle shall be deemed not to have been made and title thereto shall be deemed not to have passed and said intended transfer shall be deemed to be incomplete and not to be valid or effective for any purpose; provided, that where such transfer is made to a manufacturer or dealer to whom has been assigned a general distinguishing number and who intends to resell or otherwise retransfer said vehicle a certificate of registration shall be furnished without charge to him; it shall be in a distinctive form and shall bear such manufacturer's or dealer'? general distinguishing iiuirilxT, wherenijon such manufacturer or dealer shall be entitled to disjday upon such vehicle number jilates assigned to him by the depart- 1087 MOTOR VEHICLES. Act 2331b, § 8 ment bearing said general diKtinguishing iiiunber; l)ut ujion sale or trans- fer of said vehicle by such manufacturer or dealer, each and every pro- vision herein contained relative to the return of such certificate to the department with the ,join1 statement of transferer and transferee indorsed thereon, as well as other provisions applicable upon transfer of motor vehicles, shall be complied with. In ease of a transfer of a motor vehicle to such manufacturer or dealer without the removal therefrom by the transferee of the number plates and seals, the manu- facturer or dealer shall forthwith deliver to the department, transpor- tation prepaid, said number plates and seals. In case of transfer of ownership of a motor vehicle, registered under the provisions of this act, by operation of law, as upon inheritance, devise or bequest, order in bankruptcy or insolvency, execution sale, repossession upon default in performance of the terms of a lease or executory sales contract or otherwise than by the voluntary act of the registered owner, the notice of transfer as well as the joint statement hereinabove provided for shall be signed by the executor, administrator, receiver, trustee, sheriff, or other representative or successor in interest of the registered owner in lieu of such owner, and the transferee's application for registration shall be accompanied by a statement of the special facts in the prem- ises; provided, that the department may in its discretion require from the transferee, before registering such motor vehicle, such additional information respe'cting such involuntary loss of ownership by the former registered owner as may be satisfactory to the department. Anything to the contrary hereinabove notwithstanding, upon the transfer of ownership of any motor vehicle to a person not intending either to operate the same or to cause or permit the same to be oper- ated upon the public highways and not intending to transfer such motor vehicle to another person, a statement by said transferee of such fact or intent shall accompany the application for registration, in which case no fee for registration need be paid by the applicant, but the registra- tion number plates and seals, if not retained by the transferrer, shall be forthwith forwarded, without demand, to the department, whereupon the department, if satisfied of the genuineness and regularity of said transfer and if satisfied of the facts stated in said application for regis- tration, shall register, without any charge whatever, such motor vehicle in the name of said transferee and shall issue and forward to him a new registration certificate, in a distinctive form to be determined by the department; provided, that until said transferee has received said regis- tration certificate delivery of said motor vehicle shall be deemed not to have been made and title thereto shall be deemed not to have passed and said intended transfer shall be deemed to be incomplete and not to be valid or effective for any purpose; and provided, further, that nothing herein contained shall be so construed as to permit such motor vehicle to be operated upon the public highway under such distinctive certificate of registration last hereinabove provided for. A person who transfers the ownership or loses possession of a motor vehicle registered in his name or removes such motor vehicle from the state, shall be entitled to a rebate bearing the same proportion to that portion of the fee theretofore paid by him, a's the remaining quarters of the calendar year bear to that portion of the year for which said fee Act 2331b, § 9 GENERAL LAWS. 1088 was paid; provided, that any such rebate shall not be paid excepting upon a certificate filed by the dejiartnient with the state board of con- trol, setting forth the facts; and provided, further, that such rebates shall be paid out of the motor vehicle fund. If the department shall determine, at any time, that for any reason a motor vehicle or trailer is unsafe or is improperly equipped or is other- wise unfit to be operated, or that the applicant for registration thereof is not entitled as owner thereof to such registration, the department may refuse to register such vehicle and may, for a like reason, revoke any registration already acquired. [Amendment approved May 10, 1917; Stats. 1917, p. 388.] § 9. Dealers' distinguishing number or symbol. Dealer's agency. Five pairs of plates furnished. Unlawful use. Written permit without registration. Notice of transfer of motor vehicle. Every manufacturer of, or dealer in, motor vehicles ma}- make application to the cause that any such manufacturer or dealer to whom the ccrtilicatc of registration pro\ided for in this section has been issnelayed on any vehicle while the same is not in operation, providing that the wheels of such standing vehicle nearest the sidewalk are located within six inches of such sidewalk. [Amendment approved May 10, 1917; Stats. 1917, p. 395.] § 15. No blocks, etc., on tires. Tractors, (a) Other than on vehicles actually engaged at the time in construction or repair work on public highways, no tire on any motor or other vehicle operated on or over any public highway or bridge shall have on its periphery any block, stud, iiange, cleat, ridge, bead or any other protuberance of metal or wood which projects beyond the tread or traction surface of the tire; but this section shall not be so construed as to prohibit the use of tire chains of reasonable proportions on motor vehicles when required for safety be- cause of snow, ice or other conditions tending to cause such motor vehicle to slide or skid; provided, however, that traction engines or trac- tors the propulsive power of which is exerted not through wheels resting upon the ground but by means of a flexible band or chain, known as a movable track, may be operated upon the public highways wath trans- verse corrugations upon the periphery of said movable tracks, on condi- tion that a permit shall first have been obtained as hereinafter in this section provided. (b) Limit on weight of loads. No motor or other vehicle shall be operated on or over any public highway or bridge, nor shall any object be moved over or upon any public highway or bridge on wheels, rollers, or otherwise, except when transported in or upon vehicles running ex- clusively on stationary rails or tracks, in excess of a total weight, includ- ing load, of thirty thousand pounds, when said motor or other vehicle or contrivance is equipped with four wheels running on the highway, or in excess of a total weight, including load, of forty thousand pounds when said motor or other vehicle or contrivance shall be equipped with six wheels running on the highway and with three axles not less than ninety-six inches apart, without first obtaining a permit as hereinafter in this section provided. (c) Permit required, when. Regulations in cities organized under freeholders' charters. Xo motor or other vehicle or other ol)ject, or con- trivance for moving loads, except as hereinafter otherwise provided, shall be operated or moved upon or over any public highway or bridge, the weight of which resting upon the surface of said highway or bridge exceeds eight hundred pounds upon any inch of width of tire, when said vehicle is equipped with tires made of other material than metal; and no motor or other vehicle, object, or contrivance for moving loads shall be operated or moved upon or over any public highway or bridge the neight of which resting upon the surface of said highway or bridge exceeds six hundred pounds upon any inch of width of tire, roller, wheel or other object supported on the surface thereof when such tires or the roUino- surface of such lollers, wheels or other objects are made in whole Act 2331b, §15 GENERAL LAWS. ' 109-4 or in part of metal, without first obtaining a permit as hereinafter in this section provided; provided, however, that traetion engines or trac- tors the propulsive power of which is exerted not through wheels resting upon the ground but by meaiis of a flexible band or chain, known as a movable track, shall not be subject to the foregoing limitations upon permissible weights per inch of width of tire if the portions of the mov- able tracks in contact with the surface of the highway present plane surfaces; and provided, further, that cities heretofore or hereafter organ- ized under freeholders' charters may permit or prohibit the increase, beyond the maximum weight per inch of width of tire hereinabove pre- scribed, of the weight of loads carried within the limits of such cities in or upon metal-tired vehicles drawn by muscular power, but where any such city has not by proper and suitable ordinance or other regulation permitted or pjohibited such increase of maximum weight of loads, the regulations and limitations prescribed by this act shall not apply. (d) Brakes. No motor vehicle shall be operated or driven over any public highway or bridge drawing or having attached thereto more than two trailers; provided, that all four-wheeled trailers excepting light camping trailers shall be equipped with suitable brakes. (e) Special permit of department of engineering. Anything to the contrary herein notwithstanding, upon application in writing to the state department of engineering, said department of engineering in its dis- cretion may issue a special permit to the owner or operator of any ve- hicle allowing heavier or wider loads than hereinabove in this "section or elsewhere in this act permitted to be moved or carried over and on the public highways and bridges, or allowing more than two trailers' to be drawn by a motor vehicle; and may also issue such special permit to increase the permissible weights per inch of width of tire and may also permit the use of corrugations on the periphery of the movable tracks of traction engines or tractors propelled not by wheels resting upon the ground but by flexible bands or chains. Such permits shall be in writ- ing and they may limit the time of use and operation over the particular highways and bridges which may be traversed and may contain such special conditions and provisions and require such undertaking or other security as the said department of engineering shall deem to be neces- sary to i)rotect th^' public highways and bridges from injury, or provide indemnity for any injury resulting from such operation. All such special permits shall be carried in the vehicles to which they refer and shall upon demand be open to the inspection of any peace ofliccr, any author- ized agent of the department of engineering or of the motor vehicle department, or any officer or employee charged with the care or protec- tion of the public highways. It shall be unlawful for any person to violate, or to cause or permit to bo violated, the limitations or condi- tions of such special permits and any such violation shall be deemed for all piirjioscs to be a violation of the provisions of this act. (f) Limit on load 'below legal maximum. Anvthing to the contrary herein notwitlista ruling, the state dejiartmOTit of engineering may in its discretion limit the maximum load to be carried over or on any public bridge, causeway, viaduct, trestle or dam, below the maximum estab- lished by law; provided, however, that in such event said department of 1095 MOTOR VEHICLES. Act 2331b, § 5? 17-20 engineering shall cause suitable signs to be erected and maintained, specifying such limitation of load, such signs to be placed at a distance of not less than one hundred feet nor more than one hundred fifty feet from the approaches to such bridge, causeway, viaduct, trestle or dam. (g) Owner of vehicle responsible for dajnages. Anything' to the con- trary in this act notwithstanding, the owner and the operator, driver or mover of any vehicle, object or contrivance over a public highway or bridge, shall be jointly and severally responsible for all damages which said highway or bridge may sustain as the result of so operating or driving or moving such vehicle and the amount of such damages may be recovered in an action at law by the authorities in control of such highwav or bridge. [Amendment approved Mav 10, 1917; Stats. 1917, p. 39S.f § 17, Intoxicated, persons. No person who is to such extent under the influence of intoxicating liquor that he cannot properly operate or drive a motor or other vehicle shall operate or drive a motor or other vehicle upon any public highway within this state. [Amendment approved May 10, 1917; Stats. 1917, p. 400.] §18. Owner's consent. [Repealed 1917; Stats. 1917, p. 400.] §20. Rules of road, (a) The driver or operator of any vehicle in or upon any public highway shall drive or operate such vehicle in a careful manner with due regard for the safety and convenience of pedestrians and of all other vehicles or traffic upon such highway, and wherever practicable shall traved on the right-hand side of such highway. Two vehicles which are passing each other in opposite directions shall have the right of way, and no other vehicle to the rear of either of such two vehicles shall pass or attempt to pass such two vehicles. On all occasions the driver or operator of any vehicle in or upon any public highway shall travel upon the right half of such highway unless the road ahead on the left-hand side is clear and unobstructed for at least one hundred yards ahead and in all cases while crossing an intersecting highway. For the purposes of this section and its subdivisions, an animal or animals attached to any conveyance shall, with such conveyance, be deemed to constitute one vehicle. (b) Vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other one-half the road as nearly as possible. (c) Vehicles overtaking other vehicles proceeding in the same direc- tion shall pass to the left thereof anct shall not again drive to the right until reasonably clear of such overtaken vehicle. (d) It shall be the duty of the driver, rider or operator of a vehicle about to be overtaken and passed to give way to the right in favor of the overtaking vehicle, on suitable and audible signal being given by or on behalf of the operator, driver or other person in charge and control of such overtaking vehicle if such overtaking vehicle be a motor vehicle. (e) Excepting where controlled by such traffic ordinances or regula- tions enacted by local authorities as are permitted under this act the operator of a vehicle approaching an intersection of the public highway shall yield the right of way to a vehicle approaching such intersection from the right of such first-named vehicle. Act 2331b, § 20 general laws. " 1096 (f) It shall be the duty of the person operating or in charge of an overtaking vehicle to sound audible and suitable signal before passing a vehicle proceeding in the same direction. (g) All vehicles approaching an intersection of a public highway, with the intention of turning thereat shall in turning to the right keep to the right of the center of such intersection, and in turning to the left shall run beyond the center of such intersection, passing to the right thereof, before turning such vehicle toward the left. For the pur- poses of this subdivision the "center of such intersection" shaJl be held to mean the meeting point of the medial lines of the two highways traversed by the vehicle making the turn. (h) Frightening of horses. In all passing and overtaking such assis- tance shall be given by the occupants of each vehicle respectively to the other as the circumstances shall reasonably demand in order to obtain clearance and avoid accidents; every person having control or charge of any motor vehicle or other vehicle ui30n any public highway and approach- ing any vehicle drawn by a horse or horses, or any horse upon which any jierson is riding, shall operate, manage and control such motor vehicle or other vehicle in such manner as t6 exercise every reasonable precaution to prevent the frightening of any such horse or horses and to insure the safety and protection of any person riding or driving the same; and if such horse or horses appear frightened the person in control of such motor vehicle or other vehicle shall reduce its speed, and if requested by signal or otherwise by the driver or rider of such horse or horses shall not proceed further toward such animal or animals unless such movement be necessary to avoid accident or injury, until such animal or animals be under the control of the driver or rider thereof. (i) Keeping to right-hand of highway. The person in control of any vehicle moving slowly along and upon any public highway shall keep such vehicle as closely as practicable to the right-hand boundary of the highway, allowing more swiftly moving vehicles reasonably free passage to the "left. (j) Stopping or changing course. The person in charge of any vehicle in or upon any public highway, before turning, stopping, or changing llie course of such vehicle, and before turning such vehicle when start- ing the same, shall see first that there is sufficient space for such move- ment to be made in safety, and if the movement or operation of other vehicles may reasonably be affected by such turning, stopping or chan- ging of course, shall give plainly visible or audible signal to the persons operating, driving or in charge of sucli vehicles of his intention so to turn, stop, or cli.nnge his course. (U) Passing street-cars. Safety zones. In passing any railroad, in- teruiban (jr streetcar wliile ])assengers are alighting from or boarding same, vehicles shall be operated or driven on the right-hand side of such street-car and at a rate (if spci'd not exceeding ten miles an hour and siiall be so o|)eratc(l (ir driven that no portion thereof or of any load thereon sliall lie within six feet of the ninning-hoMid or steps of such car, and shall at ;ill times be operated with iliie <';ire and caution so that the safety of sni-h passengers sliall he assured; |ir(i\ide(l, however, that where local authorities have idainly marked upini the surface of the 1097 MOTOR VEHICLES. Act 23311), ^ 20 highway safety zones for tlie protection of such passengers, vehicles shall not, at any time, be operated or driven, within such zones; pro- vided, further, that said safety zones shall only be marked at street corners or at other regularly established stations or stopping places of such railroad, or interurban, or street-cars, and shall not extend beyond seven feet toward the boundary of the highway from the outer rail of such railroad, interurban or street-car line. (1) In mountain passes. Every motor vehicle when moving in defiles, canyons, or mountain passes where the curvature of the road or highway prevents a clear view for a distance of one hundred yards shall be held under control and not permitted to coast and the operator thereof in approaching curves shall give a warning of his gong or other adequate signaling device. (m) Police and fire patrols. Police patrol wagons, police ambulances, fire patrols, fire engines and fire apparatus in all cases while being oper- ated as such, shall have right of way with due regard to the safety of the public*; but this provision shall not protect the driver or operator of any such vehicle or his employer or j^rincipal from the consequence of the arbitrary exercise of this right or for injuries willfully inflicted. (n) Stopping near fire hydrant. No person shall hitch or leave stand- ing, or cause or permit to be hitched or left standing, any animal, or leave standing or cause or permit to be left standing, any vehicle, or stop or cause or permit to be stopped any animal or vehicle at any time upon the public highway within fifteen feet of any public fire hydrant located upon the public highway or sidewalk, unless such animal is under the charge of some person capable of driving the same or unless such vehicle is in the charge of some person capable of operating or driving the same. (o) Width of vehicle. No motor or other vehicle as defined in this act shall be operated or driven on or over any public highway or bridge if the outside width of tread exceeds one hundred twelve inches or if the total outside width of the bed of said vehicle and any load thereon shall exceed one hundred two inches, nor shall any pleasure type auto- mobile be operated on or over any public highway or bridge if any luggage, package, trunk, crate, box or other load carried thereon extends to the side more than eight inches beyond the running-board of such automobile; provide'd, however, than any city now or hereafter organ- ized under freeholders' charter may permit or prohibit an increase beyond the maximum hereinbefore prescribed of the total outside width of the beds of vehicles and any loads thereon, where such vehicles are operated or driven and said loads are carried wholly within the limits of said city, but where any such city shall not by proper and suitable ordinance or other regulation permit or prohibit such increased width, the regulations and limitations prescribed by this act shall not apply; and provided, that the regulations and limitations prescribed by this act relative to the maximum widths of vehicles and their loads shall not apply to implements of husbandry temporarily drawn, propelled or moved upon the highway; and provided, further, that loads not exceeding ten feet in width of loosely piled material not crated, baled, boxed, Act 2331b, § 22 general laws. 1098 sacked or carried otherwise than loosely in bulk, may be carried upon vehicles on the highway; provided, that the extreme width of such ve- hicles including any loading racks thereon, shall not exceed one hun- dred twenty inches, as hereinbefore prescribed. (p) Leaving vehicle standing on highway. No person shall leave standing, or cause or permit to be left standing upon the main traveled portion, or any part thereof, of any public highway, a vehicle under- going repair, or which has been stopped for the purpose of having re- pairs made thereon, or for the purpose of camping; provided, however, that this provision shall not apply to a vehicle which shall be disabled, while on such main traveled portion of the highway, in such manner and to such extent that it shall be impossible to avoid stopping such vehicle on said main traveled portion of the highway, and impracticable to remove the same therefrom until repairs shall have been made. (q) Law applies to riders of animals. The provisions of subdivisions (a), (b), (e), (d), (e), (g), (i), (j), (k) of this section shall be appli- cable to the rider of every horse, mule or other riding, animal ridden upon the public highway, to the end and effect that the same duties, rules and regulations imposed thereon upon the drivers or operators of vehicles upon the public highway, including the care to be exercised in driving or operating vehicles, the portion of the highway upon which they shall travel, the right of way as between vehicles passing or over- taking each other, or upon approaching intersections, the duty of giving way in favor of overtaking vehicles, the manner of turning at inter- sections and at other places upon the highway and of stopping or chang- ing the course of the vehicles and the duties imposed upon operators or drivers of vehicles in passing railroad, interurbau or street-cars, shall be imposed, and they are hereby imposed, upon the riders of animals upon the public highways. (r) Livestock on highway. Nq person owning, or controlling the pos- session of, any horse, cow, mule, ass, sheep, goat, hog or other livestock, shall voluntarily or negligently permit such animal to stray upon or remain unaccompanied upon the public highway, or shall permit the tether or any portion thereof to which such animal may be attached, to lie across or upon any public highway, and no person shall feed, pasture or camp any such livestock upon any public highway between the hours of sunset and sunrise. [ Amendment approved May 10, 1917; Stats. 1917, p. 400.] § 22. Rate of speed. Warning signs at grade crossings. Establishing less than legal rate, (a) Any person operating or driving a motor or other vehich; on the public highways sliall operate or drive the same in a careful ami |iiuilcnt manner and at a rate of speed not greater than is reasonable iiml iudikt, having regard to the traffic and use of the highwav, and no person siiall operate or drive a motor vehicle or other vehicle on u iniblic highway at such rate of speed as to endanger the life or linih nl' any person or (lie safety of any property; provided, that it sliall lie unlaw) 111 lo ii|ieiale or drive at a rate of si)eed in excess of thirty miles an ixMir; and jirdvided, further, that in any event no person • hhall operate or art of a park system where such general rule, ordinance, or regulafion is applicable equally and generally to all other vehicles used for the same purpose; provided, that at the entrance, or at each entrance if there be more than one, to such cemetery or park from which vehicles are so excluded, there shall have been posted a sign plainly legible from the middle of the public highway on which such cemetery or park opens, plainly indicating such exclusion and prohibition; and provided, fur- ther, that the local authorities of any city, town, or city and county may impose additional restrictions to those herein contained applicable to vehicles exclusively used in the carrying of merchandise or articles of freight and of a capacity in excess of one ton in weight and may desig- nate certain streets whereon heavy laden vehicles may be excluded or declared to be "one way" streets, may further, restrict, or prohibit, the use of trailers. [Amendment approved May 10, 1917; Stats. 1917, p. 404.] §23. Revocation of operator's license — Suspension of license. [Re- pealed 1917; Stats. 1917, p. 407.] §24. Operator's license. Application. Valid one year. Badge. Appli- cation of minor, (a) It shall be unlawful for any person to operate or drive a motor vehicle upon the public highway unless licensed by the department as hereinafter provided; provided, however, that the re- quirements of this section shall not apply to the operators or drivers of any implements of husbandry temporarily drawn, propelled or moved on the public highway. Before oi)erating a motor vehicle upon the pub- lic highway, application for a license to operate such vehicle shall be made by mail or otherwise to the department upon a blank to be pre- pared and furnished on request by said department. To each person shall be assigned some distinguishing number or mark and the depart- ment shall issue to the licensee a certificate in such form as the depart- ment shall determine; it shall contain the distinguishing number or mark assigned to the licensee, his name, age, place of residence, busi- ness address if any, and a brief description of the licensee for the pur- pose of identification, and such other information as the said department shall deem necessary. Every person licensed to operate motor vehicles as aforesaid, whether as a chauffeur or operator, shall indorse his usual signature in the space on the license certificate provided for the purpose, immediately upon the receipt of said certificate and his license shall not be valid until the certificate is so indorsed. Licenses, whether to chauf- feurs or operators, shall be valid during the calendar year only in which issued. The department shall furnish to every chauffeur licensed a suit- Act 2331b, § 26 general laws. 1102 able metal badge with the distinguishing number assigned to l)im stamped thereon, without extra charge therefor, such badge to have stamped thereon the words "Kegistered Chauffeur No. , Cal." with the said license number and year of issue inserted therein. This badge shall thereafter be worn by such chauffeur, affixed to his clothing in a conspicuous place, at all times when he is operating or driving a motor vehicle upon the public highway, and the license certificate issued to each chauffeur or operator, under the provisions of this section, shall be carried by the licensee at all times when he is operating or driving a motor vehicle upon the public highwaj^ and shall be produced by him for inspection upon request by any peace officer. In case of the loss of such badge or certificate a duplicate will be issued by the department on the filing of an affidavit showing the fact of loss, and on payment of a fee of one dollar to the department in the case of a badge and fifty cents in case of a certificate. Duplicate license certificates shall be issued by the department to operators other than chauffeurs upon appli- cation therefor, whether in case of loss or othei*wise, upon payment of a fee of twenty-five cents to the department. Applications for the an- nual renewal of licenses by chauffeurs shall be accompanied by the fee required by section seven of this act, but in ease of operators^ no fee shall be required upon such renewal of license. ( No chauffeur's license or badge shall be issued, to any applicant under the age of eighteen years; provided, that it shall be unlawful for any persoai to cause or knowingly to permit his or her child, ward or employee to operate or drive a motor vehicle upon the public highway, whether as a chauffeur or operator, without first having obtained such license as is hereinbefore specified; provided,, that the application to the department of a minor to operate or drive a motor vehicle, whether as chauffeur or operator, shall not be granted by the department unless the parent or parents hav- ing the custody of such applicant or the guardian of such applicant shall have joined in said application by signing the same; and provided, tur- ther, that any negligence of a minor, so licensed^ in operating or driving a motor vehicle upon the pi]blie highway, whether as chauffeur or oper- ator, shall be imputed to the person or persons who shall have signed the application of such minor for said license, which person or persons shall be jointly and severally liable with such minor for any "damages caused by such negligence. [Amendment api>roved May TO. 1917; Stats. 1917, p. 407. 1 §26. Use of fictitious name, etc. (a) No person shall use a fictitious name in applying for such chauffeur's or operator's license, nor shall any chauffeur or operator licensed as herein ])rovided voluntarily permit any other person to possess or use his license certificate or badge; nor shall any person wliile operating or driving a motor vehicle use or possess any licens(! certificate or badge belonging to another person. (b) No person shall display of cause or permit to be displayed, or have in liis possession, any canceled, revoked, suspended, altered or fic- titious registration number plate, registration seal, registration certifi- cate, o[)erator's license certificate, chauffeur's license certificate or chauf- feur's badge, as the same are resj)ectively provided for in this act. (c) No person shall knowingly, buy, sell, receive, dispose of, conceal or have in his |>oss<'Hsioii any nif)tor veiiicle from which tlie manufac- 1103 MOTOR VEHICLES. Ac't 23311), ^ 27 turer's serial number or motor miml)er or any other distinguishing num- ber or identification mark has been removed, defaced, covered, altered or destroyed for the purpose of concealment or misrepresenting the iden- tity of said motor vehicle. [Amendment approved May 10, 1917; Stats. 1917, p. 408.] § 27. Ill effect after December 31, 1917. Nonresident operator. Reg- istration of certificate. No person shall oiierate or drive a motor vehicle or cause a trailer to be drawn upon a public highway after the thirty- first day of December, one thousand nine hundred seventeen, nor shall any owner of a motor vehicle or of any trailer permit such motor vehicle or trailer to be so operated, driven or drawn after said date, unless the requirements of this act relative to the registration of motor vehicles and trailers and to licensing of chauffeurs and operators shall have been in all respects complied with; provided, however, that a nonresident operator or chauffeur who has complied with the provisions of the coun- try or state of his residence relative to the operation of motor vehicles and who, while operating a motor vehicle upon the highways of this state shall wear such badge and carry such license certificate as may have been assigned to him in the country or state of his residence, shall be exempt from license hereunder for a period not to exceed three months in any calendar year; and provided, further, that the jirovisions of this act relative to registration and the payment of the fees therefor and the display of registration number plates and seals shall not apply to a motor vehicle or trailer owned by a nonresident, other than a foreign corporation doing business in this state, who is only sojourning within this state; provided, that the registration number plate assigned and furnished for said motor vehicle or trailer for the current calendar year by the country or state of which such owner is a resident shall be displayed on such motor vehicle or trailer substantially as provided in this act for vehicles registered pursuant to the provisions hereof; pro- vided, however, that a nonresident owner of a motor vehicle or trailer so registered in such other country or state shall, not later than twenty- four hours after commencing to operate said vehicle, or to cause or per- mit the same to be operated, on any public highway within this state, apply to the department for registration of such vehicle, said applica- tion to be made upon a form to be prepared and to be furnished on re- quest by the department, and shall state in addition to such other mat- ters as may be required by the department, the name and postoffice and residence address of the applicant, together with the registration num- ber of said vehicle in the country or state in which the same shall be registered, which country or state shall be designated by the applicant in said application. Upon receipt of said application, the department, if satisfied of the facts stated therein, shall, without charge to the appli- cant, register said motor vehicle or trailer and shall furnish to the appli- cant a registration certificate or device, of a distinctive form to be de- termined by the department, indicating that the holder thereof has complied with the requirements of this act and containing such other matter as may be deemed suitable by the department, which certificate or device shall be valid not to exceed three months from the date of its Issuance, at the end of which period it shall be returned by said owner, Act 2331b, §§ 28, 32 general laws. 1104 transportation prepaid, to tlie department. In ease of a motor vehicle, said certificate or device shall be carried, at all times while said motor vehicle is being operated or driven upon the public highways, in plain sight in or upon said motor vehicle, in the manner required of resident owners with respect to registration certificates, and in case of a trailer, such certificate or device shall be displayed in such manner as the de- partment shall determine. The department shall file said applications for registration by nonresident owners, and shall suitably index said applications and registrations, which files and index shall be open to inspection by the public during reasonable business hours. [Amendment approved May 10, 1917; Stats. 1917, p. 409.] §28. Using without owner's consent. It shall be unlawful for any person to drive or operate, or cause to be driven or operated, upon the public highway any motor vehicle not his own, whether with or with- out intent to steal the same, in the absence of the owner thereof and without such owner's consent; provided, such consent shall not be im- plied in any instance becavise of the fact that upon a previous occasion such owner had consented to the use of the same or another motor vehicle by such person. Any person violating any of the provisions of this section shall be punished by imprisonment in the county jail for not less than one month nor more than one j-ear or in state prison for not less than one year nor more than ten years. [Amendment approved Hay 10, 1917; Stats. 1917, p. 410.] § 32. Penalty for violation, (a) Excepting as in this act otherwise provided, or where u different penalty is expressly fixed by this act, any person violating any of its provisions, or knowingly making a false statement or knowingly concealing a material fact or otherwise commit- ting a fraud in an ap^jlication for the registration of a vehicle, or in an application for an operator's or chauffeur's license, shall be guilty of a misdemeanor, and upon conviction thereof, unless in this act otherwise provided, shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months^ or by both such fine and imprisonment. (1)) Order of state highway commission to suspend or revoke license. Witnesses, etc Fees. Enforcement of orders. Immediately upon re- ceipt ]>y tlie department of inl'oriiiation concerning the conviction of any j)erson for tlic violation of section seventeen of this act, or con- cerning the third conviction within any calendar year of any person for the violation of section twenty-two of this act, the department shall transmit said information to the state highway commission, whereupon s.'iid highway coiiiinission, (ii- any im'in))er tiiereof, shall fix a time and jjjacc Utv a licaring, and the pt'isoii s(i convicted shall be served with a written notice, at least ten days juior to the date of said hearing, to appear and show canse, at such hearing, wliy his license to operate a motor vrhii-lr iijion ihc pnlilic iiighways sIkiuM not be susjicnded or revoked. If upon siicli hearing it is determincil liial there is good and sutticient reason therefor, findings and an order shall Ije made by the commission or l)y the jierson or persons liolding such hearing on behalf of tlie com- niission to tlie ell'eet that surli liy this act, shall he inaartmcnt, allowed and audited liy the hoard of control, an.l tiie warrant of tii<; state controller. | Amcmlnu'ut a|p|ir()\ed May ID, 1917- Stats. 1917, ]). 11.11 1109 MOTOR VEHICLES. xVt't 2331(1 J 1 §42. Copies printed. | Kepoaled May 10, 1917; Stats. 1917, p. 415.] The amendatory act of 1917 contained the following sections: §28. Printed copies of a<;t. There shall be printed two hundred fifty thousand copies of said veiiicle act, as amended by this act, which shall be liistributed to the pu])licou request, without charge, by the depart- ment. |. Amendment approved May 10, 1917; Stats. 1917, p. 415. | §29. In effect when. Kxeeiding tlio [irovision of section eleven hereof requiring that the light displayed upon a trailer shall illumina,te the number plate carried upon such trailer, each and all of the provi- sions of sections one, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, twenty-one, twenty-two, twenty-three, twenty-five, twenty- seven, twenty-eight and twenty-nine of this act, together with such jiro- visions of section twenty-six of this act as relate to the salaries of the officers or employees of the department, and such other provisions of this act as relate to or require the pre2)aration or purchase of forms and supplies, and other work incident to the registration of motor vehicles and trailers and the licensing of ojierators and chauffeurs, shall go into effect ninety days after the final adjournment of this session of the legislature, and the remainder of this act shall go into effect at mid- night on the thirty-first day of December, in the year one thousand nine hundred seventeen. [Amendment approved May 10, 1917; Stats. 1917. p. 415.] ACT 2331d. An act providing for the supervision and regulation of the transporta- tion of persons and property for compensation over any public high- way by automobiles, jitney buses, auto trucks, stages and auto stages; providing for the issue by incorporated cities and towns, cities and counties, and counties of permits for the operation of such automobiles, jitney buses, auto trucks, stages and auto stages; empowering incorporated cities and towns, cities and counties, and counties to enact ordinances for the supervision and regulation of automobiles, jitnej- buses, auto trucks* stages and auto stages and providing penalties for the violation of such ordinances; defining transportation companies and providing for the supervision and regulation thereof by the railroad commission; providing for the enforcement of the provisions of this act and for the punishment of violations thereof; and repealing all acts and parts of acts incon- sistent with the provisions of this act. [Approved May 10, 1917. Stats. 1917, p. 330. In effect July 27, 1917.] §1. Words and phrases defined, (a) The term "corporation," when used in this act, means a corporation, a company, an association or a joint stock association. ("b) The term "person," when used in this act, means an individual, a firm or a copartnership. (c) The term "transportation company," when used in this act, means every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or Act2331d, §§ 2, 3 general laws. 1110 managing any automobile, jitney bus, auto truck, stage or auto stage used in the transportation of persons or property as a common carrier for compensation over any public highway in this state between fixed termini or over a regular route and not operating exclusively within the limits of an incorporated city or town or of a city and county; pro- vided, that the term "transportation company," as used in this act, shall not include corporations or persons, their lessees, trustees, receivers or trustees appointed by any court whatsoever, in so far as they own, con- trol, operate or manage taxicabs, hotel buses or sight-seeing buses, or any other carrier which does not come within the term "transporta- tion company" as herein defined. (d) The term "public highway," when used in this act, means every public street, road or highway in this state. (e) The words "between fixed termini or over a regular route," when used in this act, mean the termini or route between or over which any corporation or person, their lessees, trustees, receivers or trustees ap- pointed by any court whatsoever, usually or ordinarily operate any auto- mobile, jitney bus, auto truck, stage or auto stage, even though there may be departures from said termini or route, whether such departures be periodic or irregular. Whether or not any automobile, jitney bus, auto truck, stage or auto stage is operating "between fixed termini or over a regular route" within the meaning of this act shall be a question of fact and the finding of the railroad commission thereon shall be final and shall not be subject to review. § 2. Jitney bus, etc., must be operated according to law. No corpo- ration or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, shall operate any automobile, jitney bus, auto truck, stage or auto stage for the transportation of persons or property for compensation on any public highway in this state except in accord- ance with the provisions of this act. §3. Permit to operate, (a) No corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, shall operate any automobile, jitney bus, auto truck, stage or auto stage for the transportation of persons or property as a common carrier for com- jiensation on any public higliway in this state between any fixed termini between which or over any route over which such corporation, their lessees, trustees, receivers or trustees appointed by any court wliatso- ever, are not actually operating in good faith on May 1, 1917, unless a permit has fir.st been secured as herein ])rovid(>) Application. Hearing. Permit issued. Matters in permit. Power of cities, city and county and counties to regulate. Aj)iilication for such permit shall be made by such corporation or jjcrson, tiieir lessees, trus- lees, receivers or trustees appoint('(| by ;iny court whatsoever, to the legislative or other governing boaid ov body ol' each incorporated city or town, city and county, and county witiiin or llir(uigli which api»licant intends to ojierate. Such aiipiicalion shall lie in writing, verified by applicant, and shall specify tlie tnllowini^ mjittcrs: CI) Tlie riante and address of a|iiilif;int and the nnnics ;inr| addresses (if ils (tl'lii'iTs, if any. 1111 MOTOR VEHICLES. Act 2331d, § 3 (2) The pulilic highway oi- lii^hways over which and the fixed termini or the regular route, if any, between which or over whicli applicant intends to operate. (3) The kind of transportation, whether passenger or freight or both, in which applicant intends to engage, together with a brief de- scription of each vehicle which applicant intends to use, including the seating capacity thereof if for passenger traffic or the tonnage if for freight traffic. (4) A proposed time schedule, if any. (5) A schedule or tariff" showing the passenger fares or freight rates to be charged between the several points or localities to be served. (c) Upon the filing of said application, the legislative or other gov- erning board or body with which the same has been filed may in its discretion fix a time and place for a hearing on said application, which time shall not be less than five days subsequent to the filing of said application. No application shall be granted without a hearing. When a time and place for a hearing, haA-e been fixed, the applicant shall, at least three days prior to said hearing, cause to be published in a news- paper of general circulation in the incorporated city or town, city and county, or county within which applicant desires to exercise a permit, a notice reciting the fact of the filing of said application, together with a statement of the time and place of the hearing of said application. (d) At the time specified in said notice or at such later time as may be fixed by said legislative or other governing board or body, a public hearing upon said application shall be held by or under the direction of said legislative or other governing board or body. After such hear- ing, said legislative or other governing board or body may issue the permit as prayed for or refuse to issue the same, or may issue the same with modifications and upon such terms and conditions as in its judg- ment the public convenience and necessity may require. (e) Each permit issued under the provisions of this act shall contain the following matters: (1) The name of the grantee. (2) The public highway or highways over wliich. and the fixed terinini, if any, between which the grantee is permitted to operate. (3) The kind of transportation, whether passenger or freight, in which the grantee is i)ermitted to engage, together with a statement of the number and of the maximum seating or tonnage capacity of the vehicles which the grantee is permitted to operate. (4) The term for w^hich the permit is granted, which term sliall not exceed five years. (5) Such additional matters as said legislative or otlier governing board or body may deem necessary or jjroper to be inserted in said ]iermit. No permit issued under the provisions of this act may be assigned or transferred without the consent of the granting authority. (f) Each incorporated city or town, city and county, and county shall have the power, by ordinance, to supervise and regulate every corpora- lion or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any automobile, jitney bus, auto truck, stage or auto stage, used for the Act 2331(1, §§ 4, 5 GENERAL LAWS. 1112 transportation of persons or property for compensation over any public highway within their respective territorial limits, and in the exercise of such power may provide for the licensing of all drivers, the filing of indemnity bonds, the enactment of traffic rules and regulations, the regulation of the rates, service and safety of all such corporations and persons, their lessees, trustees, receivers or trustees appointed by any court whatsoever, and all other matters affecting the relationshij) be- tween such carriers and the traveling and shipping public, with power to prescribe penalties for the violation of such ordinances; provided, that the power in this act granted to incorporated cities and towns, cities and counties, and counties shall at all times be subject to and in no instance be construed to impair the judisdietiou of the railroad com- mission of the state of California as conferred by the constitution of this state or by this act. (g) Power to prevent use of highways without permit. Nothing in this act contained shall be construed as in any way limiting or impairing the power of any incorporated city or town, city and county, or eOunty, to prevent corporations and persons, their lessees, trustees, receivers or trustees appointed by any court whatsoever, engaged on May 1, 1917, in the transportation of persons or property for compensation over any public highway or highways in this state from thereafter using any public highway or highways within the territorial limits of such in- corporated city or town, city and county, or county, unless they shall first have secured from such incorporated city or town, city and county, or county, a franchise or permit for the use of such public highway or highways in accordance with the organic law of such incorporated city or town, city and county or county. § 4. Power of railroad commission over transportation companies. The railroad commission of the state of California is hereby vested with power and authority to supervise and regulate every transportation company in this state; to fix the rates, fares, charges, classifications, rules and regulations of each such transportation company; to regulate the accounts, service and safety of operations of each such transportation company; to require the filing of annual and other reports and of other data by such transportation companies; and to supervise and regulate transportation companies in all other matters affecting the relationship between such companies and the traveling and shipping public. The railroad commission shall have power and authority, by general order or otherwise, to prescribe rules and regulations applicable to any and all tiansiiortation companies. The railroad commission, in the exercise of the jurisdiction conferred upon it by the constitution of this state and by this act, shall have power and authority to make orders and to pre- scTiV)C rules and regulations affecting transportation -companies, not- withstanding the provisions of any ordinance or permit of any incor- jiorated city or town, city and county, or county, and in case of conflict between any such order, rule or regulation and any such ordinance or permit, the ordiT, inic or regulation of the railroail commission shall in each instance incxail. §5. Certificate from railroad commission. \'o ( rans|iortatii)n com- paiiv shall licrcartcr exercise any right or privilege under any franchise 1113 MOTOR VEJllCLES. Act 2331(1, § 6 or permit hereafter granted by any incorporated city or town, city and county, or county, without having first obtained from the railroad commission a* certificate declaring that public convenience and necessity require the exercise of such right or privilege, but no such eerticate shall be required of any transportation company as to the fixed termini between which or the route over which it is actually operating in good faith on May 1, 1917. A transportation company may apply for a cer- tificate of public convenience and necessity in advance of securing any franchise or permit for the use of the public highways constituting the proposed route. The railroad commission shall have power, with or without hearing, to issue said certificate as prayed for, or to refuse to issue the same, or to issue it for the partial exercise only of said privilege sought, and may attach to the exercise of the rights granted by said certificate such terms and conditions as, in its judgment, the public convenience and necessity may require. The railroad commission may at any time for a good cause suspend and upon notice to the grantee of any certificate and opportunity to be heard revoke, alter or amend any certificate issued under the provisions of this section. § 6. Order authorizing issue of stock and bonds. Application of pub- lic utilities ax;t. Fees. No transportation company may issue any stock or stock eerticate, or any bond, or any note or other evidence of in- debtedness payable at a period of more than twelve months after the date thereof in such an amount that the aggregate amount of notes or other evidences of indebtedness at any one time outstanding shall exceed the amount of two thousand five hundred dollars, unless such transpor- tation company, in addition to the other requirements of law, shall first have secured from the railroad commission an order authorizing such issue and stating the amount thereof and the purpose or purposes to which the issue or the proceeds thereof are to be applied and that, in the opinion of the railroad commission, the money, property or labor to be procured or paid for by such issue is reasonably required for the purj)Ose or purposes specified in the order and that, except as otherwise permitted in the order in the case of bonds, notes and other evidences of indebtedness, such purpose or purposes are not, in whole or in part, reasonably chargeable to operating expenses or to income. Such order may be made, in the discretion of the railroad commission, either with or without a public hearing. Except as in this section otherwise pro- vided, the provisions of section fifty-two of the public utilities act re- ferring to the purposes for wdiicli stocks and stock certificates, bonds, notes and other evidences^ of indebtedness, may be issued and the ap- plication of and the accounting for the proceeds thereof, the powers and duties of the railroad commission and the rights and duties of public utilities with reference thereto, the legal status of stocks and stock certicates and of bonds, notes and other evidences of indebted- ness, issued without an order of the railroad commission then in effect, and the relationship of the state of California to such stocks and stock certificates, and such bonds, notes and other evidences of indebtedness, shall apply to and govern the issue of stocks and stock certificates, and of bonds, notes and other evidences of indebtedness, of transportation Act 2331d, §§ 7-11 GENERAL LAWS. 1114 companies with the same force and effect as though section fifty-two of the public utilities act were restated in this section with^the substitu- tion of the words "transportation company" for the words "public utili- ties" and of the words "transportation companies" for the words "public utilities." The provisions of section fifty-seven of the public utilities act referring to fees to be charged and collected by the railroad commission for certificates authorizing the issue of bonds, notes or other evidences of indebtedness of public utilities shall apply to and govern authorizations by the railroad commission of the issue by transportation companies of bonds, notes or other evidences of indebtedness. § 7. Application of public utilities act. In all respects in which the railroad commission has power and authority under the constitution of this state or this act, applications and complaints may be made and filed with the railroad commission, process issued, hearings held, opinions, orders and decisions made and filed, petitions for rehearing filed and acted upon, and petitions for writs of review or mandate filed with the supreme court of this state, considered and disposed of by said court, in the manner, under the conditions and subject to the limitations and with the effect specified in the public utilities act. § 8. Violation. Every officer, agent, or employee of any corporation, and every other person who violates or fails to comply with, or who procures, aids or abets in the violation of any provision of this act, or who fails to obey, observe or comply with any order, decision, rule or regulation, direction, demand or requirement, or any port or provision thereof, of the railroad commission, or who procures, aids or abets any corporation or person in his failure to obey, observe or comply with any such order, decision, rule, direction, demand or regulation, or any part or provision thereof, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such fine and imprison- ment. § 9. Foreign or interstate conunerce. Neither this act nor any pro- vision thereof shall ajiiily or be construed to apply to commerce with foreign nations or commerce among the several states of this union, ex- cept in so far as the same may be permitted under the provisions of the conslitutioii of the Ignited States and the acts of congress. § 10. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, ir- respective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared uiiconstitutidiial. §11. Repealed. Stats. 1905, p. 777, not to apply. .Ml acts and parts of a<'tH inconsistent with the provisions of this act are hereby repealed. Tlic ](i'o\ isidiis of an act entitled "An act iiroxidiiiy- for the sale of street r;iilro!id and olhcr franchises in coinilies and innnicipalitics ;nid pro^-idiiig 1115 MUNICIPAL (JORl^URATIONS. Act 2348, § 764 uonclitioiis for the granting of such franchises by legislative or other governing bodies, and repealing conflicting acts (approved March 22, 1905, Stats.. 1905, p. 777)," are declared not to apply to the use of high- ways for the kind of transportation herein regulated. , TITLE 361. MUNICIPAL CORPOKATIONS. ACT 23i8. An act to ]iro\i(le for the organization, incorporation, and governnient of municipal corporations. [Apiu'oved March K?, 1883. Stats. ]SK:',, j). 93. | Amended 1SS5, j)p. 127, 134; 1887, p. 12; 1889, pp. 371, 389; 1891, pp. 21, 28, .54, 55, 114, 233; 1893, p. 299; 189.5, 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; 1911, pp. 58, 253, 316, 359, 842; Ex. Sess. 1911, pp. 131, 135; 1913, pp. 10, 15, 31, 32, 33, 34, 375; 1915, pp. 17(i, 331, 828, 1304; 1917, pp. 1528, 1663, 1666. The aniendments of 1917 follow: § 764. Powers of board of trustees of city. The board of trustees of such city shall have power: 1. To pass ordinances not in conflict with the constitution and laws of this state, or of the United States. 2. To purchase, lease, or receive such real estate and personal property as may be necessary or proper for municipal purposes, and to control, dispose of, and convey the same for the benefit of the city; provided, that they shall not have any power to sell or convey anj^ portion of any waterfront; but may rent such waterfront for a term not exceeding ten years for the purpose of erecting bathhouses thereon. 3. To contract for supplying the said city with water, and gas, and electric lights or other lights for municipal purposes; to purchase, lease, construct or otherwise acquire waterworks, electric plants, and gas works or plants or any of same, and all machinery, conductors, lands, appliances and all other things needed therefor, and to supply said city with, and to sell to thei inhabitants of said city, gas, electric light or other light, and heat, and powers provided, that no such purchase or lease shall be made unless the question of acquiring such property is submitted to the voters of such city in the same manner as other pi'opo- sitions, at a general or special municipal election, and a majorit}- of the electors, voting at such election shall vote in favor of such propo- sition. 4. To establish, build and repair bridges; to establish, lay out, alter keep open, open, improve and repair streets, sidewalks, alleys, squares, and other public highways and places within the city, and to drain, sprinkle, oil, 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 gaitters, culverts, sidewalks, and crosswalks therein, or upon any part thereof; to cause to be planted, set out, and cultivated, shade trees therein; and generally to manage and control all such highways and places. Act 2348, § 764 general laws. 1116 5. To establish, construct and maintain drains and sewers, and to provide by ordinance for a general system of sewers, and the expense of building and maintaining the same. G. To jirovide fire-engines and all other necessary or proper apparatus for the prevention and extinguishment of fires. 7. To impose and collect from every male inhabitant between the ages of twenty-one and sixty years, an annual street poll ta»x, not ex- ceeding two dollars, and no other road poll tax shall be collected within the limits of such city; that any member of a volunteer fire company in such city shall be exempt from such tax. 8. To impose and collect an annual license, not exceeding two dollars on every dog owned or harbored within the limits of the city. 9. To levy and collect annually a property tax, which shall be ap- portioned as follows: For the general fund, not exceeding sixty cents on each one hundred dollars; for street fund, not exceeding thirty cents on each one hundred dollars; for school fund, not exceeding twenty-five cents on each one hundred dollars; for sewer fund, not exceeding ten cents on each one hundred dollars. The levy for all purposes for any one year for all purposes to which such funds are applicable shall . not exceed one dollar on each one hundred dollars of the assessed value of all real and personal property within such city. 10. To license, for purposes of regulation and revenue, all and every kind of business, including the sale of intoxicating liquors, authorized Ijy law and transacted or carried on in such city, and all shows, exhibi- tions, and lawful games carried on therein; to fix the rates of licenses upon the same, and to provide for the collection of the same by suit or otherwise. 11. To improve the rivers and streams flowing through such city, or adjoining the same; to widen, straighten, and deepen the channels thereof, and to remove obstructions therefrom; to improve the water- front of the city, and to construct and maintain embankments and other works to protect snch city from overflow. 12. To erect and maintain buildings for mnnicipal purposes. 1?,. To permit, under such restrictions as they may deem proper, the laying of railroad tracks and the running of cars drawn by horses, steam, electricity, or other power thereon, and the laying of gas or water ]ii|)('s in the public streets, and to construct and maintain, and to permit the construction and maintonaiu'e of telephone, telegraph and electric light lines therein. II. In its discretion to divide the city, by ordinance, into a convenient nnnilicr (if wards, not exceeding five, to fix the boundaries thereof, and to change the same from time to time; provided, that no change in tlie l)f)iindaries of any ward shall be made within sixty days next before the ; 6 '/2 IS. Music and promotion. To expend such siun as the board of trus- tees shall deem proper, not to exceed five per cent of the property tax levy in any one fiscal year, for music and promotion. 19. Other acts. To do and perform any and all other acts and things necessary or proper to carry out the provisions of this act. [Amendment approved June 1, 1917; Stats. 1917; p. 1528.] § 863. Enacting clause of ordinances. The enacting clause of all ordinances shall be as follows: "Tlie board of trustees of the city (or town) of do ordain as follows:" Every ordinance must be signed l)y the president of the board of trustees and attested by the clerk and must be published by said board at least once in a newspaper of general circulation published and circulated in such city or town; provided, that if there be no such newspaper published and circulated in such city or town, then all ordinances must be posted in at least three public places therein; provided, further, that in all cities or towns which have been incorporated less than one year, all ordinances may be either pub- lished or posted as aforesaid, as the board of trustees may determine; and provided, further, that in no case shall the price charged for such publication of any ordinances exceed the customary rate charged by such newspaper for the publication of legal notices of a private char- acter. [Amendment approved June 1, 1917; Stats. 1917, p. 1666.] ACT 2371. An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations for municipal improvements, and regulating the acquisition, construction, or completion thereof. [Became a law under constitutional ;irovisioii without governor's ap- proval, February 25, 1901. Stats. 1901, p. 27.] Amended 1907, pp. 570, 609, 634; 1909, p. 720; 1913, pp. 13, 29; 1915, pji. 97. 1453; 1917, p. 79. The amendment of 1917 follows: § 6V2- Cancellation of unsold bonds. At any time after three years after the date of any election, heretofore or hereafter held, at which an issue of any of the bonds herein provided has or shall have been authorized, the legislative body of the municipality may, by ordinance duly adopted by a two-thirds vote of all of the members of such legislative body, determine that no part of such bond issue, or, if a portion of the bonds so authorized at such election shall have been sold, that no part of the remainder of such issue then remaining unsold, shall be thereafter issued or sold, and upon the taking effect of such ordinance the authority to issue the bonds authorized at such election and described in such ordinance shall cease, and the whole or that portion of the bonds issued pursuant thereto remaining unsold and de- scribed in such ordinance shall become void. 71 Acts 2371a, 2374, § 1 general laws. 1122 ACT 2371a. All act to validate bonds issued aiid sold, or to be issued and sold for the purpose of the acquisition or construction of any public improve- ment work or public utility in any portion of a municipality. [Approved May 4, 1917. Stats. 1917, p. 229. In effect July 27, 1917.] § 1. Bonds issued by portion of municipality validated. Where, in any portion of a municipality of this state proceedings have been taken for the purpose of creating an iudebtediiess, to be represented by bonds of such district, the proceeds from the sale of which are to be used for the acquisition or construction therein of any public improvement work or public utility which the municipality of which such district forms a part is authorized by law to acquire or construct, all acts and pro- ceedings leading up to and including the issuance of such bonds, if they have heretofore been sold, and all such acts and proceedings here- tofore had, although the bonds are not yet sold, are hereby legalized, ratified, confirmed and declared valid to all intents and purposes, and the power of said district and of the legislative body of such municipality to issue such bonds is hereby ratified, confirmed and declared, and the bonds already are declared to be and the bonds hereafter sold shall be, the legal and binding obligation of and against such district for which such bonds have heretofore, or may hereafter be, issued, and the full faith and credit of such district is hereby pledged for the prompt pay- ment and redemption of the principal and interest of said bonds; pro- vided, that this act shall not operate to legalize any bonds of any dis- trict that have not, at the time of the passage of this act. been authorized by the vote of not less than two-thirds of .the qualified electors in said district voting at an election held for the purpose of voting upon the question of the issuance of such bonds, or any bonds which have been sold for less than their par value. 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 municipal control of annexed territory. I Approved March 19, 1SS9. Stats. 1SS9, )). -^nX.] Amended 1905, p. 551; 1911, pp. 857, 1-159; 1917, [>. 419. The amendment of 1917 follows: § 1. Procedure for annexing new territory to cities. Election on question. Tlie boundaries of any incorporated town or city, whetlier licrclorctre or hereafter formed, incorporated, reincorporated, organized, or reorganized, may be altered and new territory annexed thereto, in- c((r|)orat('d and included therein, and made a part thereof, upon proceed- ings being had and taken as in this act provided. Tlie council, board of trustees, or other legislative body of any such municipal corporation, upon receiving a written petition thcrctdr cniilaining a description of the new territory asked to be annexed to slicIi corporation, and signed 1123 MUNICIPAL COKPOKATIONS. Act 2874:, ^ 1 by not less tlian one-fifth in number of the qualified electors of such municipal coijjoration, 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 resid- ing in the territory proposed by such petition to be annexed to such corporation, the question whether such new territorj' shall be annexed to, incorporated in, and made a part of said municipal corporation. Such question may be so submitted at the next general municipal election to be held in such municipal incorporation, or it may be so submitted prior to such general election either at a special election called therein for that purpose, or at any other municipal election therein, except an election at which the submission of such question is prohibited by law; and such legislative body is hereby empowered to and it shall be its duty to cause notice to be given of such election by the publication of a notice thereof in a newspaper printed and published in such mu- nicipal 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 next preceding the date of such election. Such notice shall distinctly state the proposition to be submitted, i. e., that it is 2>roposed to annex to, incorporate in, and make a part of such municipal corporations 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 empowered, 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 an- nexed, and also in snch 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 legislative body is em- powered to, and it shall, appoint the officers of such election, who shall be, for each voting place in such municipal corporation, and for each voting place in said new territory, two judges and one inspector, 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 sta.te 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 imme- diately 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, tally sheets, and returns shall be so returned to and deposited with the clerk of such legislative body. Such legislative body shall, at the time provided for its regular meeting next after the expiration Act 2374a, § 3 general laws. 1124 of three days from and after the date of said election, meet and pro- ceed to canvass said 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. Said canvass by such legislative body shall be conducted and completed as follows: The returns of the votes cast in said outside territory, so proposed to be annexed shall be canvassed separately; and the returns of the votes cast inside of said municipal corporation shall be canvassed separately. Immediately upon the completion of such canvass, said legislative body shall cause a record thereof to be made and entered upon its minutes, showing the whole number of votes east in such outside territory, the whole number of votes cast in such municipal corporation, the number thereof cast in each in favor of annexation, and the number thereof cast in each against annexation; and it shall appear from such canvass that a majority of all the votes cast in such outside territory, and a majority of all the votes cast in- side of said municipal corpoi'ation, are in favor of annexation, the clerk, or other officer performing the duties of clerk, of such legislative body, shall promptly make and certify, under the seal of said municipal cor- poration, and transmit to the secretary of state, a copy of said record, so entered upon said minutes, together with a statement showing the date of said election and the time and result of said 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 docu- ment in the office of the secretary of state, the annexation of such terri- tory so proposed to be annexed shall be deemed and shall be complete, and thenceforth such annexed territory shall be, to all intents and pur- poses, a part of such municipal corporation, except only that no prop- erty within such annexed territory shall ever be taxed to pay anj^ portion of any indebtedness or liability of such municipal corporation con- tracted prior to or existing at the time of such annexation, excepting as provided in section one a of this act. 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. ACT 2374a. An act to provide for the alteration of the boundaries of and for the annexation of territory to municipal corporations, for the incorpo- ration of such annexed territory in and as a part thereof, and for the districting, government and municipal control of such annexed territory. [Approved June 11, 1913. Stats. 1913, p. 587.] Amended 191.5, p. 305; 1917, p. L'(). The amendment of 1917 follows: § 3. Should majority in outside territory favor. Question submitted in city. If it shall appear from the canvass of the returns of the elec- tion hold in the territory proposed to be annexed to any municipal cor- poration, aa provided in section two of this act, that a majority of all the votes cast in such outside territory on the question of such annexa- tion are in favor of annexation, such legislative body may, by ordi- ]125 MUNiciPAi. CORPORATIONS. Aft 2374a, § 4 nance, approve such annexation, or, in case of failure to so approve, by ordinance, such annexation, shall then submit to the electors of such municipal corporation the question whether such territory shall be an- nexed to, incorporated in and made a part of such municipal corporation. Such question may be so submitted at the next general municipal elec- tion to be held in such municipal corporation, or it may be so submitted prior to such general election, either at a special election called therein for that purpose, or at any other special municipal election therein, except an election at which the submission of such question is prohibited by law. Whenever such question is submitted at any election in such municipal corporation, such question shall be stated in the notice of such election and on the ballots to be used at such election, and the electors shall vote thereon, in the same manner as hereinbefore provided in the case of the election in the territory proposd to be annexed. And whenever such question is submitted at any such municipal election, general or special, as above provided, it shall be submitted and voted upon as other questions are required by law to be submitted and voted upon at such elections, except in particulars otherwise in this act set forth; and the laws applicable to and governing the time and manner of giving notice, conducting, holding, canvassing the returns, and de- claring the result of any such election shall apply to and govern the submission of such question to the electors of such municipal corporation at any such election. [Amendment approved April 2, 1917; Stats. 1917, p. 26.] § 4. Record of votes cast. Should majority favor. Annexation com- plete. Territory of city may not be annexed. Immediately upon the completion of the canvass of the returns of any election in any munici- pal corporation at which the question of annexation of new territory thereto was submitted, as in this act provided the legislative body of such municipal corporation shall cause a record to be made, and en- tered upon its minutes, showing the total number of votes east in such municipal corporation upon such question at such election, the number thereof east in favor of annexation, and the number thereof cast against annexation. If it shall appear from the canvass of the returns of such election, that a majority of the qualified electors of such municipal corporation voting on the question of such annexation are in favor thereof, the clerk or other officer performing the duties of a clerk of the legislative body of such municipal corporation shall make and cer- tify, under the seal thereof, and transmit to the secretarj^ of state, a copy of the record of the canvass of the returns of the election in such new territory and of the election in such municipal corporation at which the question of the annexation of the said new territory was sub- mitted and entered upon its minutes as aforesaid, together with a state- ment showing the dates of such elections in said new territory and in said municipal corporation, and the time and the result of the canvass of the returns of such elections, and containing a description of such territory. If such annexation has been approved by ordinance of such legislative body, as herein authorized, a certified copy of such ordinance, giving the date of its passage, shall be substituted in said document in place of the copy of the record of the canvass of the returns of the Act 2374a, § 5 general laws. 1126 election in such municipal corporation provided for in case such annexa- tion was not approved by ordinance. Said document, in either case, 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 pro- posed to be annexed and described therein, shall be deemed to be and shall be comjilete, and thenceforth such annexed territory shall be, to all intents and purposes, a part of such municipal corporation, ex- cept 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 j)rior to or existing at the time of such annexation, excepting as hereinafter provided. No territory which, at the time of the presentation of a petition to the legisla- tive body of any municipal corporation for the annexation of such territory thereto forms any part of any municipal corporation, shall be annexed under the provisions of this act. [Amendment approved April 2, 1917; Stats. 1917, p. 27.] § 5. Question of taxing annexed territory to pay indebtedness of city. Proposition submitted. Notice to specify improvements, etc. Majority favoring. Annexation complete. When property subject to taxation. Whenever any municipal corporation to which it is proposed to annex territory under the provisions of this act shall have incurred, or author- ized the incurring of, any bonded indebtedness for the acquisition, con- struction or completion of any municipal improvement or improvements, the petition presented to the legislative body of such municipal corpora- tion, as provided in section two of this act, may contain a request that the question to be submitted to the electors residing in the territory proposed by such petition to be annexed to such municipal corporation,' sliall be, whether such new territory shall be annexed to, incorporated in, and made a part of, said municipal corporation, and the property therein bo, after such annexation, subject to taxation, equally with the property within such municipal corporation, to pay any specified por- tion of such bonded indebtedness of such municipal corporation, out- standing at the date of the filing of such petition or theretofore author- ized. If such request shall be made in said petition, proceedings shall he had thereon, and an election shall be called and held in the territory proposed to be annexed, the same in all respects as upon a petition jiresented under the provisions of section two of this act, excepting that tlie notice of election shall distinctly state the proposition to be sub- mitted to wit: that it is proposed to annex to, incorporate in, and make !i jiiiit of, such municipal corporation, the territory sought to be an- nexed, K|iecifically describing the boundaries thereof, and that the prop-' ertv llicreiri, shall, after such annexation, he subject to taxation, equally willi the pro|)erty within such municipal corporation, to pay such speci- fied boiideil indebtedness of such municipal corporation, outstanding at the iliite of the said annexation, or indebtedness theretofore autliorized iiiicl to lie represented by bonds of such municipal corporation there- alter to be issued. The said notice shall, in general terms, specify the irn[)rovenient or ini|ji(ivements for which sucli indebtedness was so in- curred or authoii/.eil, Mnd state tlie amount or amounts of such indebted- 1127 MUNICIPAL COKPORATIONS. Act 2383a, § 3 ness already incurred, outstanding at the date of the first i)uljlieation of such notice, and the amount or amounts of such indebtedness there- tofore authorized, and to be represented by bonds thereafter to be issued, and the maximum rate of interest payable, or to be payable on such indebtedness; and upon the_canvass of the returns of the votes cast in any territory proposed to be annexed at any election held therein under the provisions of this section, if it shall appear that a majority of all the votes cast in such outside territory are in favor of annexation, the legislative body of such municipal corporation may, by ordinance, approve such annexation; or, in case of failure to so approve, by ordi- nance, such annexation, shall submit to the electors thereof the question whether such territory shall be annexed to, incorporated in and made a part of such municipal corporation. Such question may be so sub- mitted to the electors of such municipal corporation, in the same manner as provided in section three of this act, and if it shall appear from the canvass of the returns of the election in such municipal corporation at which such question shall have been submitted, that a majority of the qualified electors thereof voting upon the question of such annexa- tion are in favor thereof, like proceedings shall thereupon be taken, and with the same force and effect as provided in sections three and four of this act. The provisions of sections two, three and four of this act, so far as applicable, shall apply to annexation under the provisions of this section. From and after the date of the filing in the office of the secretary of state of the document containing a copy of the record of the proceedings for the annexation of such new territory to such municipal corporation, as provided in section four of this act, the an- nexation of such territory so proposed to be annexed, and described therein, 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, and the property within such annexed territory shall be taxed to pay the bonded indebtedness or liability of such cor- poration, specified in said notice, equally with the property within such municipal corporation as it existed prior to the filing of such petition. The property in any such new territory annexed to any municipal corporation, under the provisions of this act, after twelve o'clock merid- ian of the first Monday in March, and before the comiiletion of the assessment-roll of such municipal corporation, shall be subject to taxa- tion for municipal purposes for the fiscal year following said first Mon- day in March. [Amendment approved April 2, 1917; Stats. 1917, p. 28.] ACT 2S83a. An act to provide for the consolidation of municipal corporations. [Approved June 11, 1913. Stats. 1913, p. 577.] Amended 1915, p. 311; 1917, p. 30. The amendment of 1917 follows: § 3. Should majority favor. Question submitted to larger city. If it shall appear from the canvass of the returns of the election mentioned in section two of this act, that a majority of all the votes cast in the municipal corporation in which such election was held, upon the quos- Act 2383a, § 4 general laws. 1128 tion of consolidation submitted at such election, are in favor of such consolidation, the clerk of the legislative body of such municipal cor- poration, shall forthwith make, under the seal thereof, and deliver to the clerk of the legislative body of the other of the municipal corpora- tions proposed to be so consolidated, to wit, the municipal corporation having the greater population, a copy in duplicate of the record of such canvass, together with a statement of the proposition submitted at such election. The clerk of the legislative body of such municipal corporation so having the greatest population shall present one &uch copy of said record and said statement to such legislative body without delay, and retain the other to be filed as hereinafter provided. Upon receiving the copy of such record so presented such legislative body may, by ordinance, approve such consolidation, or, in case of failure to so approve, by ordinance, such consolidation, shall then submit to the electors of such other of the municipal corporations so proposed to be consolidated and having the greatest population, the question whether such consolidation shall be effected. Such question may be so sub- mitted at the next general municipal election to be held in such mu- nicipal corporation, or it may be so submitted prior to such general election, either at a special election called therein for that purpose, or at any other special municipal election therein, except an election at which the submission of such question is prohibited by law. When- ever such question is submitted at any election in such municipal cor- poration, such question shall be stated in the notice of such election and on the ballots to be used at such election, and the electors shall vote thereon, in the same manner as hereinbefore provided in the case of the election mentioned in section two of this act. And whenever such question is submitted at any such municipal election, general or special, as provided in this section, it shall be submitted and voted upon as other questions are required by law to be submitted and voted upon at such elections, except in particulars otherwise in this act set forth; and the laws applicable to and governing the time and manner of giving notice, conducting, holding, canvassing the returns, and declaring the result of any siich election shall apply to and govern the submission of such question to the electors of such municipal corporation at any such cliM-tidii. I AinriMliiKMit approved April 2. U)17; Stats. Ittl7. p. 'M).] § i. Declaration of result. Should majority favor. Consolidation complete. Inmicdiately upon the comijletion of the canvass of the returns of any election in the municipal corporation having the greater popula- tion of two iniinicipal corjiorations proposed to be consolidated, a^ which the question of snch consolidation was submitted, as provided in section three of this ad, the legislative body of such municipal corporation having tlie greater po]nil;iti(ni shall declare the result of such election, and shall cause a recoiil to he made and entered upon Us minutes, stat- ing the prof>ositi()n sulmiiltcil. jiiid showing the total number of votes cast in such tnunii-iicil cui |i(ii;ition upon the question of such consolida- tion at such election, the nnmbcr thereof cast in favor of consolidation, and the number thereof cast against consolidation. If it shall appear from the canvass of the returns of such election, that a majority of tiie (pialified electors of such mnnicipal corporation, voting on the qucs- 1129 MUNICIPAL COKl'URATIONS. Act 2383a, § 5 tion of siu'h cousolidution, aie in lavor thereof, the clerk or otlier officer performing the duties of cleric of the legislative body of such municipal corporation shall promptly make and certify, under the seal thereof, and transmit to the secretary of state, a copy of the record of the canvass of the returns of the election in such municipal corporation having the greater population, at which the question of such consolidation was submitted, and entered 'upon its minutes as aforesaid, and one copy theretofore delivered to him as aforesaid, of the record of the canvass of the returns of the election in the other of the municipal corporations proposed to be consolidated, together with a statement showing the date of each such election in each such municipal corporation, and the time and result of the canvass of the returns of each such election. If such consolidation has been approved by ordinance of such legislative body, as herein authorized, a certified copy of such ordinance, giving the date of its passage, shall be substituted in said document in place of the copy of the record of the canvass of the returns of the election in such municipality provided for in case such consolidation was not approved by ordinance. Said document, in either case, shall be filed in his office by the secretary of state immediately upon receipt thereof. Upon the filing of said document in the office of secretary of state, such consolidation shall be deemed to be complete and such municipal corporations shall be deemed to be consolidated and the one of such municipal corporations not having the greatest population, shall be deemed to be, land shall be, annexed and joined to and merged into the one of said municipal corporations having the greatest population. [Amendment approved April 2, 1917; Stats. 1917, p. 31.] § 5. Question of taxation to pay bonded indebtedness. Notice to specify improvements. Canvass of returns. Majority favoring. Ques- tion submitted to larger city. When property subject to taxation. Whenever an,y two municipal cor[iorati<)ns are [jroposed to be consoli- dated, under the provisions of this act, and either or both of such mu- nicipal corporations shall have theretofore incurred, or authorized the incurring of, anj' bonded indebtedness for the acquisition, construction or completion of any municipal improvement or improvements, the peti- tion provided for in section two of this act may contain ai request that the question to be submitted to the electors of the municipal corporation proposed to be consolidated shall be, whether such municipal corpora- tion shall be consolidated, as hereinbefore in this act provided, and the property in such municipal corporations, shall after such consolida- tion, be subject to taxation at the same rate, to pay any of such bonded indebtedness specified in said petition; provided, however, that if such petition contains a request that the property in such municipal corpo- rations be, after such consolidation, subject to taxation to pay all of the bonded indebtedness incurred or authorized of such municipal corpora- tions, such bonded indebtedness and improvements for which such bonded indebtedness w^as incurred or authorized may be described in such petition and in all other proceedings hereunder as "the bonded indebtedness 'of (insert the names of the municipal corporations)," without specifying the improvements. If such request be made in such jietition, proceedings shall be had thereon and the question of such consolidation shall be Act 2383a, § 5 general laws. 1130 submitted to the electors in such muBicipal corporation not having the greatest population, the same in all respects as upon a petition pre- sented under the provisions of section two, excepting that the notice of election shall, in addition to the matters required by said section, distinctly state that it is proposed that the property in such municipal corporations shall be taxed at the same rate to pay such bonded indebted- ness set forth in said petition. Except as hereihabove provided, the said notice shall, in addition, in general terms specify the improvement or improvements for which such indebtedness was so incurred or authorized, and state the amount or amounts of such indebtedness already incurred, outstanding at the date of the first publication of such notice, and the amount or amounts of such indebtedness theretofore authorized, and to be represented by bonds thereafter to be issued, and the maximum rate of interest payable, or to be payable on such indebtedness. The returns of such election held in pursuance of such notice shall be canvassed, as provided in section two of this act, by the legislative body of the municipal corporation in which such election was held, and immediately upon the completion of such canvass, such legislative body shall declare the result of such election and shall cause a record of such canvass to be made and entered upon its minutes, as provided in said section two, and there shall be included in such record a statement of such bonded indebtedness incurred and outstanding, or authorized, as set forth in the noticie of such election, for the payment of which the property in isaid municipal corporations shall be subject to taxa- tion as set forth in the notice of such election. If it shall appear from such canvass that a majority of all votes cast at such election upon the question of such consolidation, are in favor thereof, the clerk of such legislative body in which such election was held shall forthwith deliver a copy in duplicate of such record and statement to the clerk of the legislative body of the other of the municipal corporations so pro- posed to be consolidated, and having the greatest population. There- upon the legislative body of such other municipal corporation having the greatest population may, by ordinance, approve such consolidation; or, in case of failure to so approve, by ordinance, such consolidation, shall submit' the question of such consolidation to the electors of such other municipal corporation at an election therein in the same manner in all respects as provided in this section for submitting to the electors in such municipal corporation not having the greatest population, and, in other respects, in the same manner as provided in section throe of this act. After the passage of said ordinance approving such consolida- tion, or, if such consolidation was not approved by ordinance if, upon the canvass of the returns of such election it shall appear therefrom, tliat a majority of the votes cast at such election in such other municipal lorjioration having the greatest population, upon the question of such consolidation, are in favor thereof, the same proceeding shall be had as provided in section four of this act, and such consolidation shall be deemed to be, and shall be, completed in the same manner, and with the same effect as in said section provided. After the completion of the consolidation of such municipal corporations, as hereinbefore pro- vided tVuc pro[)erty in said iminici [nil rurpoialions so consolidated shall 1181 MUNICIPAL coKPORATiONS. Acts 2;589k, 23891, § 1 thereafter be taxed at the same rate, to pay such bouded indebtedness set forth in said petition. The property in any such municipal corporations consolidated, under the provisions of this act, after twelve o'clock meridian of the first Monday in Marcli and before the completion of the assessment-roll of such municipal corporation having the greater population, shall be sub- ject to taxation for municipal purposes by said consolidated city for the fiscal year following said first Monday in March. [Amendment approved April 2, 1917; Stats. 1917, p. 82. J ACT 2389k. An act granting to any city of the state whose corporate limits include or bound upon any harbor, bay, estuary, or other navigable body of water, the power to improve the same and to establish, acquire, construct, improve and maintain in, upon and along the waters thereof works for use in connection therewith. [Approved April 6, 1917. Stats. 1917, p. 72. In effect July 27, 1917.]" § 1. Cities authorized, to maintain piers, etc. Property rights not affected. Any city of this state whose corporate limits include or bound upon any harbor, bay, estuary, or other navigable body of water, is hereby granted power to establish, acquire, construct, improve and main- tain in, upon and along the waters of any such harbor, bay, estuary, or other navigable body of water, piers, docks, wharves, bulkheads, quays, and other necessary works for use in connection therewith, and power to construct, improve, dredge, deepen or straighten, channels, turning basins, canals, slips and waterways to, from and along any of the aforesaid works, and connecting with any other navigable water either within or without the limits of such city, and to do any and all other things necessary or convenient to the establishment, improvement, con- duct and maintenance of a harbor, and in furtherance of commerce and navigation. Nothing herein, however, shall be deemed or construed to affect or limit the use and enjoyment by persons, firms or corporations of their property or property rights; nor shall anything in this act be construed or deemed to grant to any city the right to destroy, injure, impair or interfere with any private or quasi-public property or property rights, leasehold or otherwise, or to the use and enjoyment thereof. ACT 2389 1. An act providing for hours of rest for persons employed by municipal corporations during more than one hundred twenty hours per week, and prescribing penalties for violations hereof. [Approved June ], 1917. Stats. 1917, p. 1641.] § 1. Hours of rest for certain municipal employees. Any person in the employ of a municipal corporation and whose hours of labor exceed one hundred twenty hours in a calendar week of seven days, shall be entitled to be off duty at least three hours during every twenty-four hours for the purpose of procuring meals and no deduction of salary shall be made by reason thereof. Act 2420, §§ 1, 2 GENERAL LAWS. 1132 § 2. Penalty. Any officer or agent of a municipal corporation having supervision and control of the employees referred to in section one hereof who shall violate the provisions hereof shall be guilty of a mis- demeanor and shall be punishable as provided in section nineteen of the Penal Code. TITLE 367a. NATIONAL CITY. ACT 2420. An act conveying certain tide-lands and lands lying under inland navi- gable waters, situate in the bay of San Diego to the city of National City, in furtherance of navigation and commerce and the fisheries, and providing for the government, management and con- trol thereof. [Approved March 21, 1917. Stats. 1917, p. 18. In effect July 27, 191 7. J Whereas, since the admission of California into the Union, all tide- lands along the navigable waters of this state and all lauds lying be- neath the navigable waters of the state have been and now are held in trust by the state for the benefit of all the inhabitants thereof for the purpose of navigation, commerce and fishing; and Whereas, it is the duty of the state to govern, administer and con- trol such lands and to improve and develop navigation, commerce and fishing thereon and thereover; and Whereas, the state has not the general power of alienation of such lands, but may, when the interests of commerce, navigation and fishing require it, convey to municipalities limited and defined areas of such lands with the power to govern, control, improve and develop the same in the interest of all the inhabitants of the state; and Whereas, the conveyance to the city of National City of the lands hereinafter described, together with the right to govern, control, improve and develop the same will result in great advantage and benefit to all the inhabitants of the state, it is provided: § 1. Tide-lands granted to National City. There is hereby granted and conveyed to the city of National City, in the county of San Diego, state of California, all of the lands situate on the city of National City side of said bay, lying and being between the line of mean high tide and the pier-head line in said bay, as the same has been or may here- after be established by the federal government, and between the pro- longation into the bay of San Diego to the pier-head line of the bound- ary line between the city of National City and the city of San Diego, and tlie ])rolongation into the bay of San Diego to the pier-head line of the boundary line between the city of National City and the' city of Chula Vista. § 2. Use of lands. The city of National City sliall have and there is liereby graiitttd to it the right to make upon said premises all im- jirovements, betterments and structures of every kind and character, proper, needful and useful for the development of commerce, navigation and fisliing, including the construction of all wiiarves, docks, piers, slips, 1133 NATIONAL CITY. Act 2420, §^ 3-6 and the construction and operation of a municipal belt line railroad in connection with said dock system. §3. No discrimination in rates. No grant, conveyance or transfer of any character shall ever be made by the city of National City of the lands described in section one, or of any part thereof, but the said city shall continue to hold said lands and the whole thereof unless the same revert or be receded to the state of California. The harbor of National City shall remain alwaj-s a public harbor and the said city shall never charge or permit to be charged on any of the premises by this act con- veyed any unreasonable rate or toll, nor make nor suffer to be made any unreasonable charge, burden or discrimination. In the event of a violation of any of the provisions of this act, the said lands and the whole thereof shall revert to the state of California. § 4. Maximum term of lease. The city of National City may lease for a term not exceeding twenty-five years any wharves, docks or piers constructed by it, and all such leases so executed shall reserve to the board of trustees of the city of National City, the right and privilege, by ordinance, to annul, change or modify such leases as in its judgment may seem proper. The aggregate amount of all wharves, docks and piers so leased by said city shall never exceed seventy-five per cent of all the wharves, docks and piers actually constructed. § 5. Conditions of lease. The city of National City, may loase not to exceed an aggregate of seventy-five per cent of the lands conveyed to it by this act, for a term not to exceed twenty-five years and upon which wharves, docks or piers have not been actually constructed, and, except by consent of the board of trustees of the city of National City under an ordinance of such board duly adopted, such leases shall not be assignable or transferable, nor shall any lessee have the right to sublet the leased premises or, any part thereof, and all such leases so executed shall reserve to the board of trustees of the city of National City, the right and privilege, by ordinance to annul, change or modify such leases as in its judgment may seem proper; provided, however, that nothing in this act contained shall operate as a limitation upon the right and authority of the harbor commission of the state of California, at any time prior to the city of National City issuing its bonds as re- quired in section six hereof, of leasing any of the lands herein granted and conveyed to said National City, and the right and authority to enter into such leases at any time prior to issuing of such bonds, is hereby expressly conferred upon said harbor commission. § 6. Harbor improvement by city. The foregoing conveyance is made upon the condition that the city of National City shall, within five years from the approval of this act, exclusive of such time as said city may be restrained from so doing by injunction issued out of any court of this state or of the United States, and exclusive of such further delay as may be caused by unavoidable misfortune or great public or municipal calamity, issue its bonds for harbor improvement purposes in an amount of not less than one hundred thousand dollars, and shall, within five years after the approval of this act, exclusive of the time in this section Act 2436, §§ 1-4 GENERAL LAWS. 1134 hereinbefore mentioned, commence the work of such harbor improve- ment, and the said worlv and improvement shall be prosecuted with such diligence, that not less than one hundred thousand dollars shall be ex- pended thereon within five years from the approval of this act. If said bonds be not issued or said work be not prosecuted and completed as and in the manner herein provided, then the lands by this act con- veyed to the city of National City shall revert to the State of California. §7. State's right to use docks. The state hereby reserves unto it- self at all times, the reasonable use of and access to all wharves, docks, piers, slips and quays hereafter constructed under the provisions of this , act, for any vessel or water craft owned, leased, or operated by the state. TITLE 369a. NAUTICAL SCHOOL. ACT 2436. An act to establish a nautical school at the port of San Francisco, to provide for the conduct and maintenance thereof, to make an ap- propriation therefor, and to authorize the governor to request and to receive aid from the United States in compliance with the pro- visions of an act of congress approved March 4, 1911. [Approved May 14, 1917. Stats. 1917, p. .527. In effect .July 27, 1917.] § 1. "California state nautical school" established. There is hereby established at the port of San Francisco a nautical school to be known as "the California state nautical school," for the instruction of pupils in navigation, steamship-marine engineering, and all matters pertaining to the proper construction, equipment and sailing of vessels, or any particular branch thereof. § 2. School board. Tlic governor, the president of the state board of education, and the president of the state board of harbor commissioners shall constitute the nautical school board, which shall be the governing body of the school hereby established. The expenses incurred by the members of said board while engaged in the business of the nautical school shall be refunded to them from the appropriation herein provided. § 3. Duties of board. The said nautical school board shall provide and niaiiitiiin at tlic nautical school, for the instruction and training of pujiils in the science and practice of navigation, accommodations for tlu; school on hoard a proper vessel, shall purchase and provide books, stationery, ap])aratus and supplies needed in the work of the school, •sliall appoint and remove instructors and oilier necessary employees and delcrniine their number and conipensation, shall fix the terms and con- ilitions ujion \vlii<'h [)Ui)iI.s shall be received and instructed in the school, and be dismissed or discharged therefrom, and shall establish all regu- lations necessary for the jiroper maiiMgenient and conduct of the school and fur carrying out <'niricntly I he jmrijoses of this act. § 4. Use of United States vessels. The nautical school board maj^ receive from the I'nited States government and use for the accommo- Il35 NET CONTAINER BILL. Act 2V)'A, ^ 5 dation of the school, such vessel or vessels as the secretary of the navy may furnish. The governor is hereby authorized and directed to apply in writing to the secretary of the navy for a suitable vessel of the navy, with all her apparel, charts, books and instruments of navigation for the use of the school hereby established, and to request that the President of the United States detail proper officers of the navy as superintendents or instructors in the said school. § 5. Nautical school fund. There is hereby created the nautical school fund, which shall consist of such money as shall be appropriated from time to time by the legislature, and such sum as may be received from year to year from the government of the United States for the purpose of maintaining the school hereby established in compliance with the provisions of an act of congress entitled "An act for the establish- ment of marine schools and for other purposes," approved March 4, 1911. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the establishment of said school and for its maintenance during the sixty-ninth and seventieth fiscal years, the sum of twenty-five thousand dollars, which shall become available when the nautical school board has received from the secretary of the navy a suitable vessel of the navy for the use of said nautical school. § 6. Vouchers. The moneys hereby appropriated shall be expended in accordance with law upon vouchers certified by the superintendent of the nautical school and approved by the nautical school board. § 7. Report. A report of the conduct of the affairs of said nautical school, including a statement of the moneys expended in its establish- ment' and maintenance, shall be presented to the legislature at its con- vening for the forty-third session and at each biennial session thereafter. TITLE 373. NET CONTAINER BILL. ACT 2453. An act to provide for the indicating of the net quantity of foodstuffs and stuffs intended to be used or prepared for use as food for human . beings when sold or offered or exposed for sale in containers and providing penalties for the violation thereof. [Approved May 24, 1913. Stats. 1913, p. 247.] Amended 1915, p. 1263; 1917, p. S7. The title of the act was amended in 1917 to read as follow^s: An act to provide for the indicating of the net quantity of foodstuffs and stuffs intended to be used or prepared for use as food for human beings, and medicine, when sold or offered or exposed for sale in containers, and providing for the indicating of quantity in the sale of commodities in respect to which there exists a definite trade custom, and providing penalties for the violation thereof. The remainder of the amendment follows: S 5 Designation of quantity. The designation of the quantity of the commodity required by section four of this act shall be in terms of Act 2508b GENERAL LAWS. 1136 weight, measure or numerical count, subject however to the following provisions: (a) The quantity of the contents so marked shall be the amount of food or stuff in the package. (b) If the designation is by weight it shall be in terms of avoirdu- pois pounds and ounces; if designation is by liquid measure, it shall be in terms of the United States gallon of two hundred thirty-one cubic inches and its customary subdivisions, i. e., in gallons, quarts, pints, or fluid ounces; if designation is by dry measure, it shall be in terms of the United States standard bushel, and its customary subdivisions, i. e., in bushels, half -bushels, pecks, quarts, pints or half -pints; provided, that, by like method, such designations may be in terms of the metric system of weight or measure. (c) The quantity of solids shall be designated in terms of weight, and of fluids in terms of measure, except in case of an article in respect to which there exists a definite trade custom, in such case the designa- tion shall be in terms of weight, or measure, or numerical count, in accordance with such custom. (d) The quantity of the contents shall be designated in terms of weight or measure, unless the container be marked by numerical count and such numerical count gives accurate information as to the quantity of the food in the package. When designation is by numerical count it shall be in English words or Arabic numerals. (e) The quantity of the contents may be stated in terms of minimum weight, minimum measure or minimum count, but in such cases the desig- nation must approximate the actual quantity and there shall be no tolerance below the stated minimum. (f) The quantity of viscous or semi-solid foods, or of a mixture of solids and liquids, may be stated in terms of weight and measure; pro- vided, that such solids and liquids constitute food products. When products are packed in brine or other preserving fluids, the weight or measure of such brine or fluids shall not be included in the weight or measure of the edible indicated on the container. foniiii, to provide for the issuance of certificates of registration as a § 10. "Container" defined. The term "container" used in this act is hereby defined to be any receptacle or carton into which a commodity is packed, or any wrappings with which any commodity is wrapped, or put for sale, or to be oft'ered or exposed for sale. TITLE 385. NURSING. ACT 2508b. An act to promote the better education of nurses and the better care of the issuance of certificates of registration as registered nurses to qualified applicants by the state board of health, and to repeal an act aiiproved March 20, 19U5, entitled, "An act to promote the better edncalimi nl' the practice of luirsin;; the sick in the state of Cali- tlie sick in Ihc state of G'alirdrniu, to piovide for and regulate the cxiiniination ;uhI registration of uindnatc nurses, and to |)r()vide for 3137 OAKLAND. Acts 2509, 2534, § 1 registered nurse, to qualified ajjplicauts of the board of regents of the University of California, and to provide penalties for violation thereof." [Approved June 12, 1913. Stats. 1913, p. (313.] Amended 191.5, pp. 21, (503; 1917, p. 44. The amendment of 1917 follows: § 41/2. False representation in nurse's examination. Any person who shall willfully make any false representation or who shall impersonate any other person or permit or aid in any manner any person to im- personate him in connection with any examination or application for examination or registration or request to be examined or registered such person shall be guilty of a misdemeanor. [New section added April 5, 1917; Stats. 1917, p. 45.] § 11. Monthly report of receipts. Within ten days after the begin- ning of each month the secretary of the state board of health shall report to the controller the amount and source of all collections made under the provisions of this act, and at the same time all such amounts shall be paid into the state treasury and shall be placed to the credit of the special fund to-'be known as the fund for examination and registration of nurses; provided, that whenever and as often as there is in the state treasury to the credit of the fund for the examination and registration of nurses, funds in excess, of ten thousand dollars the same may be in- vested by the state board of control in the same manner that the funds of the state school land fund are invested and the interest upon such investment when collected shall be placed to the credit of the fund for the examination and registration of nurses. All amounts paid into this fund shall be held subject to the order of the state board of health, to be used only for the purpose of meeting necessary expenses in the per- formance of the purposes of and the duties imposed by this act. Claims against the fund shall be audited by the state board of health and by the board of control and shall be paid by the state treasurer upon war- rants drawn by the state controller. [Amendment approved April 5, 1917; Stats. 1917, p. 45.] TITLE 386. OAKLAND. ACT 2509. Charter of. [Stats. 1911, p. 1551.] Amended 1917, pp. 1699, 1948, 1963. ACT 2534. An act granting certain tide-lands and submerged lands of the state of (California to the city of Oakland and regulating the management, use and control thereof. [Approved May 1, 1911. Stats. 1911, p. 1258.] Amended 1917; Stats. 1917, p. 63. The amendment of 1917 follows: § 1. Tide-lands granted to Oakland. There is hereby granted to the city of Oakland, a municipal corporation of the state of California, and 72 Act 2534, § 1 GENERAL LAWS. 1138 to its successors, all the right, title and interest of the state of Cali- fornia held by said state by virtue of its sovereignty in and to all tide-lands and submerged lands whether filled or unfilled which are in- eluded within that portion of the city of Oakland that lies westerly of the western line of Pine street, as Pine street exists between Atlantic street and Goss street and as shown upon that certain map entitled "map of land on Oakland point (railroad ferry landing) city of Oakland, tract four hundred six," filed May 24, 1864, in book of maps, five, page thirty-three, records of Alameda county, and said western line of Pine street produced northerly and southerly, excepting, however, from said tide-lands and submerged lands such of said lands as lie northerly of the northern boundary line of the city of Oakland, and the western extension thereof, as said northern boundary line was established by an act of the legislature of the state of California entitled "An act to amend an act entitled 'An act to incorporate the city of Oakland,' passed March twenty-fifth, one thousand eight hundred fifty-four, and repealing certain other acts in relation to said city," approved April 24, 1862, to be forever held by said city and by its successors in trust for the use and purposes and upon the expressed conditions following, to wit; (a) Purposes for which, lands may he used. That said lands shall be used by said city and its successors, only for the establishment, improve- ment and conduct of a harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays and other utilities, structures and appliances necessary or convenient for the pro- motion and accommodation of commerce and navigation, and said city, or its successors shall not, at any time, grant, convey, give or alien said lands, or any part thereof, to any individual, firm or corporation for any l)urposes whatever; provided, that said city, or its successors, may grant franchises thereon for limited periods, but in no event exceeding fifty years for wharves and other public uses and purposes, and may lease said lands or any part thereof for limited periods, but in no event ex- ceeding fifty years, for the purposes consistent with the trusts upon which said lands are held by the state of California, and with the requironiciits of coiiimorce or navigation at said harbor. (b) Harbor improved without expense to state. That said harbor shall be improved by said city without expense to the state, and shall always remain a public harbor for all purposes of commerce and navigation, and the state of California shall have, at all times, the right to use, without charge, all wharves, docks, piers, slips, quays and other im- provements constructed on said lauds, or any part thereof, for any vessel or other water crnft, or railroad, owned or operated by the state of Califoniia. (c) No discrimination in rates. That in tlie management, conduct or operation of said harbor, or of any of the utilities, structures, or ap- pliances mentioned in paragrapii (a), no discrimination in rates, tolls, or charges or in facilities for any use or service in connection therewith shall ever be made, autliorized or permitted by said city or its successors. (.1) Right to fish reserved to people. Tiicre is hcr(d.y reserved, how- ever in the i)eople of the state of California tin- al)solute right to fisli i„ all the waters of said harbor, with the right of convenient access to 1139 PAROLE COMMISSIONERS. Acts 2595a-2623, § ^ 1-8 said waters over said land for said purpose. [Ameudmcut aiiproved April .5, 1917; Wtats. 1917, p. (iM.J TITLE 397. ORPHAN ASYLUM. ACT 2595a. An act appropriating money to meet additional expense for the support or orphans, half-orphans and abandoned children for the sixty-seventh and sixty-eighth fiscal years. [Approved January 29, 1917. Stats. 1917, p. 5. In effect immediately.] This act appropriated .'i;25(),00() for the purpose indicated. TITLE 401. PALO ALTO. ACT 2612. Charter of. [Stats. 1909, p. 1175.] Amended 1911; Stats. 1911, p. 2040; 1917, Stats. 1917, p. 1859. TITLE 403. PAEOLE COMMISSIONEES. ACT 2623. An act to authorize the state board of prison directors to provide for assisting paroled and discharged prisoners and to secure employ- ment for the same and making an appropriation for that purpose. [Approved May 14, 1917. Stats. 1917, p. 528. In effect July 27, 1917.] § 1. Authority to assist paroled and discharged prisoners. The state board of prison directors shall have the power and authority to pro- vide for assisting paroled and discharged prisoners and to secure em- ployment for the same and for that purpose they may employ necessary officers and employees, may purchase tools, and give any other assistance that, in their judgment, they may deem proper for the purpose of carry- ing out the objects and spirit of this act. § 2. Moneys drawn without submitting vouchers. Upon this act be- coming effective, the state board of prison directors may draw upon the moneys herein appropriated in the amount of one thousand dollars, witli- out submitting vouchors thereon, which amount shall, from time to time, be replenished by demand upon said appropriation equal to the amount of expenditures represented by vouchers submitted to the state board of control and filed with the controller. § 3. Appropriation. The sum of seventeen thousand dollars is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, for the purpose of this act; the state controller is hereby di- rected to draw his warrant therefor, payable to the state board of prison directors in such amount as may be required from time to time, and the state treasurer is directed to pay the same. Acts 2631, 2712a, § 1 general laws. 1140 TITLE 406. PAUPERS. ACT 2631. An act to provide for the maintenance and support, in certain cases, of indigent, incompetent, and incapacitated persons (other than persons adjudged insane and confined within state hospitals), becoming a public charge upon the counties, or cities and counties within the state of California, and for the payment thereof into a fund for the maintenance and support of such persons. [Approved March 23, 1901. Stats. 1901, p. 636.] Amended 1917; Stats. 1917, p. 444. The amendment of 1917 follows: § 5. Duty of board of supervisors. It shall be the duty of the board of supervisors of every county and every city and county as a whole, or by committee or by such person or society as it may authorize, to in- vestigate every application for relief from the funds of such county or cit}' and county, to supervise by periodic visitation every person receiv- ing such relief, to devise ways and means for bringing persons unable to maintain themselves to self support and to keep full and complete records of such investigation, supervision, relief and rehabilitation, as shall be prescribed by the state board of charities and corrections. [Amendment approved May 14, 1917; Stats. 1917, p. 445.] § 10. Duty of state board of charities and corrections. It shall be the duty of the state board of charities and corrections to prescribe forms of records for the use of board of supervisors and their agents in keep- ing records heretofore mentioned. [New section added May 14, 1917; Stats. 1917, p. 445.] TITLE 417a. PLUMBING. ACT 2712a. An act pro\iding for the examination, certification and registration of plumbers, prescribing powers and duties of the state board of health in reference thereto, and penalties for a violation of the provisions hereof. [Approved April 6, 1917. Stats. 1917, ]>. 73. in etfect July 27, 1917.] § 1. "Master plumber" defined. "Journeyman plumber"' defined. Certain terms as used in this act shall be construed as follows: (a) The term "master plumber" means one who has an established place of business and works by contract. (b) The term "journeyman plumber" means ohe who, as an employee, personally installs plumbing work, but does not mean a helper or an api)rentice working under the direct personal supervision of a plumber who holds a teini)orary permit or a certKiciitc of competency issued pur- suant to the provisions of this act. 1141 PLUMBING. Act 2712a, §§ 2-5 § 2. Certificate of competency. It shall be unlawful for any jouruey- man plumber or master plumber in any city or town maintaining a pub- lic sewer system to personally install any plumbing or drainage system or portion thereof unless he shall first obtain a temporary permit or a certificate of competency issued pursuant to and as provided for in this act. § 3. Examining board. In each county in which there is a city or town having a sewer system, the state board of health shall appoint an examining board of three members, one of whom must be a journeyman plumber who has had at least five years' practical experience as a plumber in this state, one a master plumber who has engaged in the plumbing business as a master plumber for at least five years in this state, and one a regularly licensed and practicing physician of this state. They shall serve for twelve, eighteen and twenty-four months respect- ively, or until their successors are duly appointed and qualified, and each member shall receive as compensation fifty cents for each applicant examined, such compensation to be paid out of the funds of the state board of health semi-annually. Within ten days after their appoint- ment the board shall meet and choose one of its members to act as secretary of the board. The state board of health sljall provide each examining board with the necessary application forms, registration books, temporary permits, certification blanks, and all tools, materials and office or shop room in which to properly conduct the examinations. Applica- tions for examination may be made in writing. The state board of health shall adopt such rules and regulations as may be necessary and advisable to carry out the purposes of this act. §4. Application for certification. Examination. Ajiplication for cer- tification shalj be made to the secretary of the examining board. The fee for filing the application shall be two and one-half dollars and shall be paid to the secretary of the examining board and by him to the state board of health to the credit of the contingent fund thereof. In no case shall the filing fee be returned to tlie applicant. The examining board shall issue to the applicant a temporary permit which shall be valid only until the examination is held and the certificate granted or denied. The examination shall consist of an oral or written examination and practical test and shall be of suflfieient strictness to properly test the qualifications of the applicant as to his knowledge of plumbing, house draining and ventilation. If the applicant shows bj^ a proper examina- tion that he is qualified the board shall issue to him a certificate of com- petency which shall thereafter be renewed every twelve months without the necessity of an examination, upon the payment of an annual fee of two dollars. Any person possessing such a certificate of competency to work in a particular county shall be entitled to work at the plumbing business in any other county in this state upon registering with the examining board thereof. Such registration shall be without cost and without examination. § 5. Revocation of certificate. Said board may make such rules and regulations as may be necessary to effectively ca.rry out the provisions of this act and may at any time revoke a certificate granted by it for Act 2735, §§ 3, 12 general laws. 1142 the violation of any such rules or regulations or of municipal building, plumbing or sanitary ordinance. § 6. Provisions of city charters. Nothing in this act contained shall be deemed to repeal or in any manner supersede the authority conferred upon the board of health, department of public health, or health oflacer, by the charter of any incorporated city or city and county, or the power, under such charter, to enact ordinances providing for the conduct of any of the matters and things embraced within the terms of this act. § 7. Penalty. Any person violating any provisions of this act shall be guilty of a misdemeanor as defined in section nineteen of the Penal Code. TITLE 420. POLICE. ACT 2735. Creating police relief, health, life insurance, and pension fund. [Stats. 1889, p. 56.] Amended 1891, pp. 287, 469; 1897, p. 52; 1917, pp. 119, 120. The amendments of 1917 follow: § 3. Who entitled to receive police pensions. Whenever any person at the taking effect of this act, or thereafter, shall have been duly ap- pointed or selected, and sworn, and have served for twenty years, or more, in the aggregate, as a member, in any capacity or any rank what- ever, of the regularly constituted police department of any such county, city and county, city, or town which may hereafter be subject to the provisons of this act, said board shall order and direct that such person, after becoming sixty years of age, be retired from further services 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 his lifetime, be paid 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; jirovided, that any person who comes within the purview of this section, who has otherwise complied with its provisions and who has served for thirty years or more as herein provided may be retired from further service upon a yearly pension equal to two-thirds of the amount of such yearly salary. [Amendment approved April 14, 1917; Stats. 1917, p. 119.] § 12. Moneys to be paid into police pension fund. The board of supervisors, or other governing autliority. of any county, city and county, city, or town shall, for the jnirposes of said "police relief and pension fund" hereinbefore mentioned, direct the payment annually, and when the tax levy is maile, into siiid fund of 11i(> fdllowing moneys: Pirst — Not less 11i;in five nor more llinii tiMi per centum of all moneys collected and received i'roin licenses for the keeping of jilaces wherein Hpiritnous, malt, or (itlicr intoxicating liquors are sold. j^cfond- One liair <>t' .■ill iiioMcys recei\(Mi from taxes or fi-oni licenses npon. dogs. 1143 POLICE COURTS. Acts 2786, 27-lrla Third — All niouoys received from fines imposed upon tlie members of the police force of said county, city and county, city, or town, for vio- lation of the rules and regulations of the police department. Fourth — AH 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, billinrd-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 mone^^ 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 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" provide in addition to the salary now paid or which may be hereafter paid to each member of the police de- partment an amount equal to two per cent of the salaries paid to the policemen of such county, city and county, city or town during the preceding year, payable from the funds of such municipal corporation. [Amendment approved April 14, 1917; Stats. 1917, p. 120.] ACT 2736. 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.] Amended 1917; Stats. 1917, p. 1610. § 1. Senior rights in police department. Whenever a member of a paid police department of any county, city and county, city or town shall have served ten j^ears as a member of such police department, he shall be entitled to senior rights in the assignment of duties in the order of their seniority and shall be entitled to day work or to any position held by a member of the same rank not ten years in the service. [Amend- ment approved June 1, 1917; Stats. 1917, p. 1610.] § 2. Penalty for failure to make assignments. Any i)olicc official whose duty it is to assign the members of the police department to their duties and who fails to make assignments in accordance with the provi- sions hereof shall forfeit one month's salary. All money forfeited under this act shall be paid into the treasury of the county, city and county, city or town in which the forfeiture occurs. It shall be the duty of the district attorney to enforce the provisions hereof. [Amendment ap- proved June 1, 1917; Stats. 1917, p. 1611.] TITLE 421. POLICE COURTS. ACT 2741a. An act to establish police courts in cities of tlie first and one-half class, to fix the jurisdiction of said courts and to provide for the officers thereof, to prescribe the powers and duties of the officers of said Aet27'lla, §6 ^ genkbai. laws. 1144 courts, aud to fix the compensation of certain ofiicers thereof, and to repeal an act entitled "An act to establish police courts in cities of the first and one-half class, to fix their jurisdiction and provide for officers of said courts and fix the compensation of certain officers thereof," which became a law under the provisions of the constitution of the state of California without the governor's approval, on the 5th day of March, 1901, and all acts amendatory of said act or supple- mentary thereto. [Approved June 6, 1913. Stats. 1913, p. 4(39.] Amended 1917; Stats. 1917, p. 417. The amendment of 1917 follows: § 6. Clerk. Bond, salary, duties, monthly account. Business hours. Dockets. Said police court shall have a clerk for each of the judges of said court, who shall be appointed by the judge of said court pre- siding in the department thereof in which the said clerk is to act, and one additional clerk who shall be appointed by the presiding judge of said court. Each of said clerks shall hold office for the term of four years from the date of his appointment. Each such clerk shall be ex officio a clerk of the city justices of the peace. Each of said clerks 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. Each of said clerks shall receive an annual salary of two thousand one hundred dollars, payable in equal monthly installments out of the treasury of said city, which salary shall be full compensation for all services rendered by him. Each of said clerks shall keeji a record of the proceedings of said court and issue all pro- cesses ordered by the city justices or either of them, or by said police court or a judge thereof, and receive and pay into the city treasury all fines imposed and collected by said court, and all forfeitures of cash deposited in lieu of bail in said court, and all other moneys which may come into his hands belonging to or payable to said city. They shall nlso render each month to the city council an extract and detailed ni'couiit miller oath of all fines imposed and collected and of all fines imposed aud uncollected since tlieir last reports. They shall prepare and approve bonds and may, in the absence of a judge of said court, fi.v the amount of bail to be required of any defendant charged in such coiiit with any offense of which such couil has jurisdiction. Such clerk mav also justify bail, and may admiuistiM aiul certify oaths. Said clerks shall rctiiaiii at tlie courtrooms of said court during business hours and during such reasonable times thereafter as may be necessary for a proper performance of their duties. Before receiving any monthly payment of salary each of said clerks shall make and file with the city auditor an affidavit that he has deposited with the city treasurer all moneys that have come into his hands belonging to the city. Any violation of this provision shall be a misdemeanor. Said clerks shall keep, compile and be the custodians of the dockets, files and records of said court. Said dockets shall, in civil cases, be kept in conformity to the provisions of sections nine liiindicil cIimmi, nine liiiiidrcd twelve, nine liui!(lr(>d thir- teen aud nine liiindi.'d rumt.Tii of IIm' (ndc nf Civil I'ronMlure of the 1145 PROTECTION DISTRICTS. Act 2804, § 201/, state of California. In criminal cases the docket shall contain in each case: 1. The title of the case; 2. The demurrer, if any; 3. The motion to dismiss, if any, based upon any defect of the com- plaint in substance or form; 4. The ruling of the court upon any demurrer or motion to dismiss; 5. The defendant's plea; 6. Any order of the court setting the time for hearing of any demurrer or motion, or setting case for trial; 7. The names of the witnesses sworn and examined at the trial; S. The verdict; 9. The time set for rendering judgment, if judgment is not passed im- mediately after verdict or plea of guilty; and the waiver of time for sentence, if there be such waiver; 10. The judgment; 11. A minute of all motions, rulings and orders made after verdict of judgment; 12. The dates of the various actions or things required to be recorded. Each of said clerks shall perform such other duties as the court by a majority vote of the judges thereof may determine in regulating and conducting the business of said court, and said judges may select one of the said clerks to supervise and audit the books, records and accounts of the several departments of said court in co-operation with the city auditor of said city, and to pei'form such other duties as said judges may require. TITLE 431. PEOTECTION DISTRICTS. ACT 2804. .\n act to provide for the formation of protection districts in the vari- ous counties of this state, for the improvement and rectification of the channels of innavigable streams and watercourses, for the pre- vention of the overflow thereof, by widening, deepening, and straightening and otherwise improving the same, and to authorize the boards of supervisors to levy and collect assessments from the property benefited to pay the expenses of the same. [Approved March 27. 1895. Stats. 1895, p. 247.] Amended 1897. p. 219; 190.3, p. .328; 1909. p. 807; 1911, p. 44(i ; 1917, !>. 1219. The amendment of 1917 follows: §201/2. Refund of unused assessments. Assessments levied and col- lected under the terms of this act, if unused, and unapplied for a period of one year after the day on which said assessments become due and payable, may be refunded by the board of supervisors in the manner provided by law for the refund of state and county taxes. [New section added Mav 2fi, 1917; Stats. 1917. p. 1219.] Act 2806, §§ 1,2 GENERAL LAWS. 1146 ACT 2806. Au act to provide for the formatiou, orgauizatiou and govermiieut of storm-water districts, for the jiurpose of protecting the land therein from damage from storm water and from the waters of any innavi- gable stream, watercourse, canyon or wash, for the construction of the necessary works of protection by said district, and for the levy- ing of taxes and assessments to pay for the cost of constructing, repairing and maintaining such improvements. [Approved March 13, 1909. Stats. 1909, ]>. 339.] Amended 1913, p. 501; 1917, p. 211. The amendment of 1917 follows: § 1. Storm-water districts formed. Petition of land owners. Resolu- tion of intention. Hearing. Notice. Storm-water districts may be formed under the })rovisious of this act for the purpose of protecting the lands in such district from damage by storm-water, dams, ditches, dikes and other structures, and by spreading, conserving, storing, retaining or causing to percolate into tlie soil any or all waters of any innavigable stream, watercourse, canyon or wash. When twenty-five per cent or more owners of land whose names appear as such upon the last assess- ment-roll in any district of land which lies in one body and is liable to damage from storm water or from the waters of any innavigable stream, watercourse, canyon or wash, shall present a petition to the board of supervisors of the county in which said land lies, or if the same lies in more than one county, then to the board of supervisors of the county in which the greater area of such land lies, setting forth the exterior boundaries of said district and asking that the district so described be formed into a storm-water district under the provisions of this act. The said board of supervisors shall pass a resolution declaring their intention to form or organize said portion of said county or counties into a storm-water district for the purpose of protecting the land therein from damage from storm water and from the waters of any innavigable stream, canyon or wash and describing the exterior boundaries of the district. Said resolution shall fix a time and place for the hearing of the matter not less than thirty days after the passage thereof, and direct the clerk of said board to publish the notice of the intention of the board of supervisors to form such storm-water district and of the time and place fixed for the hearing, and shall designate some news- paper of general circulation jiublished and circulated in said proposed storm-water district, or if there is no newspaper so juiblislied and cir- culated, tlien some newspaper of ;;eii(Mal circuhition published and cir- culated in each county in which any ]iart of saiil ])roposed district is situated in which said notice is to \)v piililisluMJ. [Amendment approved May 4, 1917; Stats. 1917, p 21.-;.] §2. Publication of notice. Notice to owners. Thereupon said clerk sliail cause to be ]i;iblislied in tlie newspaper or newsi)apers so designated, for a pciioil ol' Iwciily days hct'oic the dale fixed for the hearing, a notice which shall be hcadcil "Notice of inlenlion of the board of Hiipervisors to form a storni-walcr district." Said notice shall set forth 11-1:7 rROTECTlON DISTRICTS. Act 2806, §§ 3-16 the fact of the passage of suc-li rrsolutioii with tlie date thereof, the boundaries of the proposed district, and the time and place for the hear- ing, and shall state that it is proposed to assess all property embraced in said proposed storm-water district, for the purpose of paying the dam- ages, costs and expenses of constructing and repairing such dikes, levees, ditches, canals, reservoirs, shafts and other improvement as may be necessary to protect the land in said district from damage from storm water and from waters of any innavigable stream, canyon or wash, or to spread, conserve, store, retain or cause to percolate into the soil within such district any or all of such waters, and the necessary expense of maintaining said district, and shall refer to the resolution for further jiartitnilars. The assessor shall certify to the clerk the name of each owner of land in the proposed district whose name appears as such on the last assessment-roll of the county or counties in which said proposed district lies, and said clerk shall forthwith send a copy of said notice by registered mail, postage prepaid, to each owner so certified, addressed to such owner at his address given on said assessment-roll or, if no address is given, then at his last known address, or if it be not known, then at the county seat of the count}' in which his land lies. Said clerk shall make and file in his office an affidavit of such mailing, showing the names and addresses of the persons to whom such notices were sent, which shall be prima facie evidence that such notices were mailed as herein required. [Amendment approved May 4, 1917; Stats. 1917, p. 21.5.] § 3. Objections. Any person interested objecting to the formation of such jiroposed district, or to the extent thereof, may, at or before the time fixed for the hearing of the matter, file a written objection thereto, with the clerk of said board of supervisors, who shall indorse thereon the date of its reception by him, and shall at the time fixed for the hearing, place all such objections filed with him before said board of supervisors. [Amendment approved May 4, 1917; Stats. 1917, p. 216.] §4. Hearing. Declaration of supervisors. At tlie time fixed for the hearing, or to which the hearing may be adjourned, the board of super- visors shall hear the objections filed, if any, and pass upon the same. Said board may, in its discretion, sustain any or all of the objections filed, and may change or alter the boundaries of such proposed district to conform to the needs of the district, except that they shall not include therein any territory not included in the boundaries mentioned in the jietition, and may, in their discretion, declare such storm-water district formed with the boundaries designated by them, and shall designate such district by name as the storm-water district of county (or counties) ; provided, that no such district shall be formed wherein a majority of the owners of property in said district, according to the last previous assessment-roll, object. [Amendment approved May 4, 1917; Stats. 1917, p. 216.] § 16. Installment assessments. Duty of tax collector. Payment of assessments. After said report has been adopted, the board of trustees, if they consider the total sum to be raised for the payment of the cost 'of such improvements too great to be properly expended in one year, or too great to be raised in one year by assessment against the property I Act 2806, § 17 GENERAL LAWS. 114S in such storm-water district, may by order entered upon their minutes, provide that the total sum assessed shall be raised in any number of equal annual installments, not exceeding ten. When the board has adopted the report and determined the number of equal annual installments in which such assessment shall be raised, they shall cause their clerk to forward to the tax collector of the county in which such district is situated, who shall file the same in his office, a certified copy of the report, assessment and plat as adopted and confirmed by said board of trustees, together with a certified copy of the order of said board, fixing the number of equal annual installments in which such assessment is to be raised, and the county tax collector shall enter said assessments upon the county assessment-roll in the same manner as county taxes. From and after such entry upon the county assessment-roll, the first year's installment of the amount assessed thereon against each parcel of land shall become due and payable immediately, and the total amount as- sessed against each parcel of land shall constitute a lien thereon j and thereafter installments of the assessment for the succeeding years shall become due and payable on the first Monday of October of each year; provided, that any or all subsequent installments of the assessment on any parcel of land may, at the option of any person desiring to pay the same, be paid at any time after the first installment becomes due and payable. If the district is situated in two or more counties, a certified copy of said report, assessment, plat and order of the board of trustees shall be filed with the tax collector of each county in which any part of said district is situated, and thereafter each tax collector shall enter the assessments upon the assessment-roll of liis county and proceed as to the property in said district wdthin his own county in the manner here- inafter directed, and the assessment on tlie property in said county shall be collected in the manner hereinafter directed. [Amendment approved May 4, 1917; Stats. 1917. p. 21.1.] § 17. Notice by tax collector that assessments are due. Annual notice. Within one month after the filing of such certified copy of said report, assessment, plat and order with the tax collector, and the entry of the same upon the county assessment-roll, said tax collector shall give notice by ten days' publication in a newspaper of general circulation published in said district, or if there is none, in a newsfiaper of general circulation published in his county, that the assessment-roll of storm-water district of county, has been filed in his office, and entered upon the county assessment-roll, with the date of such entry; that the amounts entered thereoii arc due and payable; that if not paid on or before the first Mondiiv in .I;iniKny next ensuing, the same will become delinquent ■ind will lie (•(illcctcd in the satiic tiuinner as delinquent taxes. If the first Monday in .laiiuary next ensuing is less than three months from the date of filing the assessment-roll with the tax collector, the date, to be stated in the notice, shall be three months after such entry uiuui the county assessment-roll. rh«' lax .ollector shall note im the county aHSCSsment-roll all assessments jiaid, with the dates of payment, giving receipts as in the case of j)ayments of taxes, and shall |)ay all money collected into the county treasury at the same time and in the same manner as money collected for taxes i»aid into such trcasiny. All col- 1149 PROTECTION DISTRICTS. Act 2806, § 26a lections of subst'ciuoLit iustalliiu'uts of tlio assessmeut shall be made in the same luauuer as above set forth, and the tax collector shall annually (after the first year), immediately after the first Monday of October give notice as above directed that the (giving the number) annual in- stallment of the assessments of said district is now due and payable, and that if not paid on or before the first Monday of January next ensuing, the same will become delinquent and will be collected in the same manner as delinquent taxes; and the same proceedings shall be had thereon as upon the collection of the first assessment. If said dis- trict is situated in two or more different counties, all moneys collected on account of such assessment shall be paid into the treasury of the county in which said district was organized. [Amendment approved May 4, 1917; Stats. 1917, p. 217.] § 26a. Bonded indebtedness. Election. Notice. Whenever the board of trustees deem it necessary for the district to incur a bonded indebted- ness, it shall, by resolution, so declare and state the proposition to be submitted to the electors, the purpose for which the proposed debt is to be incurred, the amount of debt to be incurred, the maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed twenty years, and the maximum rate of interest to be paid, which shall not exceed six per cent per annum, payable semi-annually. The board of trustees shall fix a date upon which an election shall be held, for the purpose of authorizing said bonded indebtedness to be incurred. It shall be the duty of the board of trustees to provide for holding such special elections on the day so fixed and in accordance with the general election laws of the state, so far as the same shall be applicable, except as herein otherwise provided. Such board of trus- tees shall give notice of the holding of such election, which notice shall contain the resolution adopted by the board of trustees of the district, boundaries of precincts, the location of polling places, and the names of the officers selected to conduct the election, who shall consist of one judge, one inspector and one clerk in each precinct. Such notice shall be published for two weeks in at least one newspaper, and not more than two newspapers published in such district, which newspaper or newspapers shall bo designated by the board of trustees; and if there is no newspaper printed in such district, then by publication for two weeks in one newspaper published in the county in which such district is situated, or by posting such notice in three public places therein, at least two weeks before the date of such election. All the expenses of holding such election shall be borne by the district. The returns of such election shall be made, the votes canvassed by said board of trus- tees on the first Monday following said election, and the results thereof ascertained and declared in accordance with the general election laws of the state, so far as they may be applicable, except as herein other- wise provided. The secretary of the board of trustees, as soon as the result is declared, shall enter in the records of such board a statement of such results. No irregularities 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 Act 2806, §§ 26b-27 general laws. 1150 provided for general elections in this state applicable thereto. [New section approved May 4, 1917; Stats. 1917, p. 1'18.] § 26b. Bonds issued if two-thirds vote favors, 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 board of trustees may, by resolution, at such time or times as it deems proper, provide for the form, denomination and execution of such bonds and for the issuance of any part thereof, and may sell or dispose of the bonds so issued at such time or times and in such manner, either in cash in lawful money of the United States, or its equivalent, as it may deem to be to the public interest, but not for less than the par value thereof; said bonds shall be signed by the president and clerk of said district and the seal of the district shall be affixed. [New sec- tion added May 4, 1917; Stats. 1917, p. 219.] § 26c. Bonds exempt from taxation. Any bonds issued by any dis- trict, under the provisions of this act, are hereby given the same force as bonds issued by any municipality, and shall be exempt from all taxa- tion within the state of California. [New section added May 4, 1917; Stats. 1917, p. 219.]. § 26d. Bonds lien upon property of district. Any bonds issued under the provisions of this act shall be a lieu upon the property of the dis- trict and the lien of the bonds of any issue shall be a preferred lien to that of any subsequent issue. Said bonds, and the interest thereon, shall be paid by revenue derived from an annual assessment upon the real property of the district; and all the real property in the district shall be and remain liable to be assessed from such payments. [New section added May 4, 1917; Stats. 1917, p. 219.] § 26e. Estimate of amount to pay interest and principal. Tax levy. The board of trustees of each storm-water district shall annually during the month of August estimate the amount of money wiiich will be needed to pay the interest and such portion of any bond issue maturing prior to the preceding August, and certify such amount to the board of supervisors of the county or counties in which said district lies. Such boards or boards of supervisors shall, at the time of making tiie levy of taxes, for county purposes for that year, levy a tax upon the real property .in their county in said district, sufficient in amount to raise the sum estimated by the board of trustees to be necessary. When the district is in two or more counties, the aniouiif to be raised upon the part of the district in each county shall be in pr()i)orTion to the assessed vjiiiiation of the several portions of the dislricts in the respective coun- ties. Said tax, wiien levied, shall be entered ujiun the assessment-roll and collected in the same maniUT as the state and county taxes. When the same is collected, it shall be placcii in the treasury of the county in which said distrii-t is oi'i^anizcd, to tiie creilit of the bond fund of said rllstrict, and shall be used only for the |iiirpose lor which it is raised, [New section added Mny 1, 1917; Slats. 1917, p. 220. | §27, Proceedings for disincorporation, .\iiy storm-water district may be disini-oiii()fatcii at any time before the adoj)tion of the first coinmis- 1151 PUBLIC HEALTH. Acts 2827, 2830, § 2 sioncM-'s report by proceedings had in the following manner: Whenever a petition praying for such disincorporation shall be presented to the trustees of said district signed by a majority of the land owners therein, they shall call an election in the same manner as elections for members of the board of trustees are called, and submit to the electors of said district the question of disincorporation. Said election shall be held in all respects in the same manner as regular elections of trustees of the district. If it appears that a majority of the electors voting at said election have voted in favor of disincorporation, the trusteees shall cause such fact to be entered upon their minutes, and shall forward a copy of such entry to the board of supervisors by whom the district was organized, who shall file the same with their clerk, and from the date of such filing, said district shall be deemed disincorporated; pro- vided, that if at the time of the dissolution, or disincorporation of said district, there be any outstanding bonded or other indebtedness of such district, then taxes for the payment of such bonded or other indebtedness shall be levied and collected, the same as if such district had not been dissolved and disincorporated, but for all other purposes, such district shall be deemed dissolved and disincorporated from the time of the forwarding of said copy of such entry to said board of supervisors. [Amendment approved May 4, 1917; Stats. 1917, p. 220.]' TITLE 435. PUBLIC HEALTH. ACT 2827. An act to provide for the reporting of occupational diseases. [Approved April 21, 1911. Stats. 1911, p. 9o3.] Repealed 1917; Stats. 1917, p. 432. ACT 2830. An act for the preservation of the public health of the people of the state of California, and empowering the state board of health to enforce its provisions, and providing penalties for the violation thereof. [Approved March 23, 1907. Stats. 1907, p. S93.] Amendea April 1, 1911, Stats. 1911, p. 565, and June 13, 1913, Stats. 1913, p. 796; May 24, 1917, Stats. 1917, p. 920. The amendment of 1917 follows: §2. Unlawful to discharge sewage in streams. Unlawful to moor house-boat two miles above intake. It shall be unlawful to discharge, drain or deposit, or cause or suffer to be discharged, drained or . de- posited, any sewage, garbage, feculent matter, offal, refuse, filth, or any animal, mineral, or vegetable matter or substance, offensive, injurious or dano-erous to health, into any springs, streams, rivers, lakes, tribu- taries thereof, w^ells or other waters used or intended to be used for human or animal consumption or for domestic purposes, or to maintain a sewer farm or to erect, construct, excavate, or maintain, or cause to l)e erected, constructed, excavated or maintained, any privy, vault, cess- Act 2830, § 3 GENERAL LAWS. 1152 pool, sewage treatment works, sewer-pipes or conduits, or other pipes or conduits, for the treatment and discharge of sewage or sewage efflu- ents or impure waters, gas, vapors, oils, acids, tar, or any matter or substance offensive, injurious or dangerous to health, whereby the same shall overflow lands or shall empty, flow, seep, drain, condense into or otherwise pollute or affect any waters intended for human or animal consumption or for domestic purposes, or any of the salt waters within the jurisdiction of this state; or to add to, modify or alter any of the plant, works, system thereof or manner or place of discharge or dis- posal; or to erect or maintain any permanent or temporary house, camp, or tent, so near to such springs, streams, rivers, lakes, tributaries, or other sources of water supply, as to cause or sutt'er the drainage, seepage, or flow of impure waters, or any other liquids, or the discharge or de- posit therefrom of any animal, mineral, or vegetable matter, to pollute such waters without a permit from the state board of health, as here- inafter provided. It shall also be unlawful for the owner, tenant, lessee or occupant of any house-boat or boat intended for or capable or being used as a residence, house, dwelling or habitation, or for the agent of such owner, tenant, lessee or occupant to moor or anchor the same or permit the same to be moored or anchored in or on any river or stream, the waters of which are used for drinking or domestic purposes by any city, town or village within a distance of two miles above the intake or place where such city, town or village water system takes water from such river or stream; provided, however, that in the transportation of any such house-boat on any such river or stream nothing herein contained shall prevent the owner, agent, tenant or occupant of such house-boat from mooring or anchoring the same when necessary within the limits herein fixed and established; provided, such house-boat shall not remain moored or anchored within such limits for a longer period than one day. [Amendment approved May 24, 1917; Stats. 1917, p. 92(). [ § 3. Petition for permission to discharge sewage, etc., into streams. Plan of work. Hearing. Wlicnever any county, city and county, city, town, village, district, community, institution, person, firm, or corpora- tion, shall desire to deposit or discharge, .or continue to deposit or dis- charge into any stream, river, lake or tributary thereof, or into any other waters used or intended to be used for human or animal consump- tion or for domestic purposes, or into or ui)oii :iny place the surface or subterranean drainage from which may run or percolate into any such stream, river, lake, tributary or other waters, any sewage, sewage efflu- ent, or other substance by the terms of section two of this act forbidden so to be deposited or discharged, or whenever any such county, city and county, city, town, village, district, community, institution, person, firm or corporation shall desire to deposit or discharge, or continue to deposit or discharge any sewage, sewage effluent, trade wastes or any animal mineral or vegetable matter or substance, offensive, injurious or danger- ous to health in any of the salt waters within the jurisdiction of this state, or to maintain a sewer farm or to permit the overflow of sewage on to any hind whatever, or shall desire to erect, construct, excavate or maintain any privy, vault, cesspool, sewage treatment works, sewer- 1153 PUBLIC iiEALTir. Act 2880, § 3 pipe or conduits, or other pipes or conduits for the treatment and dis- cliarge of sewage, sewage effluents, or any matter offensive, injurious or dangerous to health, or shall desire to add to, modify or alter any of the plant, works, or system or manner or place of discliargo or disposal, he or it shall file with the state board of health a petition for permission so to do, together with a complete and detailed plan, description and history of the existing or i)roposed works, system, treatuient plant and of such proposed addition to, modification or alteration of any of the plant, works, system or manner or place of discharge or disposal, such plans and general statement to be in such form and to cover such matters as the state board of health shall prescribe. Thereupon, a thorough investigation of the proposed or existing works, system and plant, and all circumstances and conditions by it deemed to be material, shall be made by the state board of health. As a part of such investigation, and after ten days' notice by mail to the petitioner, a hearing or hear- ings may be had before said board or an examiner appointed by it for the purpose. At such hearing or hearings witnesses who testify shall be sworn by the person conducting the hearing, and evidence, oral or documentary, may be required, a record of which shall be made and filed with said board. Upon the completion of such investigation said board, (a) Petition denied when discharge would endanger public health. Ap- pointment of person to take charge of plant. Temporary permit. If it shall determine as a fact that the substance being or to be discharged or deposited is such that under all the circumstances and conditions it may so contaminate or pollute such stream, river, lake, tributary or other waters or lands on which it may be discharged, deposited or caused to overflow, as to endanger the lives or health of human beings or animals, or to constitute a nuisance, or does or may constitute a menace to public health or a nuisance, or that under all the circumstances and conditions it is not necessary so to dispose of such substance, the state board of health shall deny the prayer of such petition; and shall order petitioner to make such changes as the state board of health shall deem proper for the purpose of this act. The state board of health may order, the ap- pointing of a competent person, to be approved by said board, and to be paid by said petitioner, who shall take charge of and operate such plant or system so as to secure the results demanded by the state board of health; and said board may order such repair, alteration or additions to the existing system, plant and works that the sewage or substance being or intended to b*e discharged or disposed of shall not contaminate or pollute streams or other water supplies, or endanger the lives, health or comfort of human beings or animals; and said board may order such changes of method, manner and place of disposal and the installation of such treatment works that streams and other water supplies will not be polluted or contaminated and the works and disposal shall not constitute a menace to health of human beings or animals, or a nuisance; which orders shall designate the period within which the desired charges are to be made; provided, however, that a temporary permit may be issued by the state board of health for said period to permit compliance with such order or orders. 73 Act 2830, § 3 GENERAL LAWS. 1154 (b) Petition granted when discharge would not endanger public health. Permits revocable. Examinations by state board of health. Report on works, etc. Suit to enjoin discharge of sewage into streams. Public nuisance. Penalty for violation. If it shall determine, as a fact, that the substance being or to be discharged or deposited, is not such that under all the circumstances and conditions, it will so contaminate or pollute such stream, river, lake, tributary or other waters, as to endanger the lives or health of human beings or animals, or to constitute a nui- sance, and that under all the circvunstances and conditions it is neces- sary so to dispose of su'eh substance, it shall grant to petitioner a permit authorizing petitioner so to deposit or discharge or to continue to deposit or discharge such substance; provided, however, that such permit shall not be construed to permit any act forbidden by any provision of the laws of this state relative to the preservation or propagation of fish or game, or relative to the deposit of debris into the streams of the state, or relative to the obstruction of navigation; and provided, further, that all permits issued hereunder shall be revocable by said board at any time or subject to suspension if said board shall determine, as a fact, that the substance discharged or deposited by virtue thereof causes or may cause a contamiijation or pollution of waters or land that does or may endanger the lives or health of human beings or animals, or does or may constitute a nuisance; and provided, also, that nothing contained in this act shall be construed as limiting or denying the power of any incorporated city, city and county, town or village to declare, prohibit and abate nuisances, or as limiting or denying the power of the state board of health to declare or abate nuisances. The state board of health and its inspectors shall at any and all times have full power and authority to and shall be permitted to, enter into and upon any and all places, inclosures and structures for the purpose of making, and to make, examinations and investigations to determine whether any provision of this act is being violated. Whenever any pe- titioner shall be granted any permit by said board and under the provi- sions of this act, such petitioner shall furnish to said board upon demand a complete report upon the condition and operation of the system, plant or works, which report shall be made by some compe-tent person desig- nated for the purpose by said board, and at the sole cost and expense of the holder of the permit. Any county, city and county, city, town, village, district, community, institution, person, firm or corporation, who sha"ll deposit, discharge or continue to deposit or discharge, into any stream, river, lake, or tribu- tary thereof, or into any other waters, used or intended to be used for human or animal consumption or for domestic purposes, or into or upon any place the surface or subterranean drainage from which may run or percolate into any such stream, river, lake, tributary or other waters, or into any of the salt waters, or lands, within the jurisdiction of tliis state, any sewage, sewage aflluciit or otlier substance by the terms of section two of this act forbidden to l)c so deposited or discharged, without having an unrevoked ])eriiiit so to do, as in this act provided, may be enjoined from so doing by any court of competent jurisdiction at the suit of any person or municipal corporation whose supply of water for 1155 PUBLIC HEALTH. Act 2836a, § 2 human or animal consumption or for domestic purposes is or may be affected, or by the state board of health. Anything done, maintained, or suffered, in violation of any of the provisions of section 2 or section 3 of this act shall be deemed to be a public nuisance, dangerous to health, and may be summarily abated as such. Every county, city and county, city, town, village, district, community, institution, firm, corporation or person, or any officer, employee or agent thereof upon whom the duty to act is cast, who shall violate any provi- sion or part thereof of section 2 or 3 of this act, or who shall fail to obey, observe or comply with any direction, order, requirement or de- mand or any part or provision thereof of the state board of health, or who aids or abets any such county, city and county, city, town, village, district, community, institution, firm, corporation or person, or any ofii- cer, employee or agent thereof in any failure to obey or comply with the provisions of this act or the orders of the state board of health as provided in this act, shall become liable for and forfeit to the state of California the penal sum of not more than one thousand dollars to be fixed by the court for each and every offense. The continued existence of any violation of this act for each and every day beyond the time stipulated for compliance, with any of its provisions or of any order of the state board of health as provided herein shall constitute a separate and distinct offense. All penalties are to be recovered by the state in civil action brought by the state of California and such penalties when collected shall be paid into the general fund of the state treasury. Every officer, agent, or employee of any county, city and county, city, town, village, district, community, institution, firm, corporation or per- son who shall violate or fail to comply with any of the provisions of sec- tion 2 or section 3 of this act or with the order or orders of the state board of health or any part thereof, or who aids or abets in any fail- ure to observe and comply with any such provision, order, or part thereof, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars or by imprisonment in the county jail not exceed- ing one year or by both such fine and imprisonment, for each offense. Each day's violation of this provision shall constitute a separate and distinct offense. [Amendment approved May 24, 1917j Stats. 1917, p. 921.] ACT 2836a. An act to prevent the introduction, and provide for the investigation and suppression of contagious or infectious diseases, and appropriat- ing money to be used for such purpose. [Approved June 7, 1913. Stats. 1913, p. 868.] Amended 1917; Stats. 1917, p. 671. The amendment of 1917 follows: § 2. Extermination of rodents, insects, vermin etc., by property owners. Extermination by state board of health. Whenever any land, place, building, structure, wharf, iiier, dock, vessel or water craft, or other property is infested with rodents, insects, or other veriniu which Act 2836a, § 3 general laws. 1156 are liable to convey or spread contagious or infectious disease from an existing focus declared by the state board of health, it shall be the duty of said board to at once notify the person, firm, copartnership, corpora- tion, city, city and county, county, or district, owning said land, place, building, structure, wharf, pier, dock, vessel or water craft, or other projDerty of the existence of said rodents, insects or other vermin, and said notice shall direct said owner to proceed immediately to exter- minate and destroy said rodents, insects, or other vermin, and to con- tinue in good faith such measures as may be necessary to prevent their return. Service of such notice upon a trustee, executor or administrator of the estate Of the recorded owner of said property shall be deemed sufficient notice to the owner as provided herein and in the event the owner is absent from the state or cannot with due diligence be found, said notice shall be mailed to such owner addressed to his address given on the last completed assessment-roll of the county, or city and county in which said property is situate, or if no address be so given, then to his last known address and a copy of said notice shall be posted in a conspicuous place upon said property for a period of ten days. In the event that said owner fails, refuses or neglects to proceed and con- tinue as above provided, within ten days from date of receipt of said notice, the state board of health may proceed to destroy said rodents, insects or other vermin, and take other appropriate measures to prevent their return, and the cost thereof shall be repaid to the state board of health by the owner of said land, place building structure, wharf, ]>ier, dock, A'essel, water craft or other propert}-; provided, however, that said owner shall not be liable for expenditures in any one year, in excess of ten per cent of the assessed valuation of such property, and the appropriation provided in section one of this act shall be reim- bursed by the amount so paid, and may be again expended in a similar manner. [Amendment approved May 18, 1917; Stats. 1917, p. 671.] § 3. Lien on property for payment of expense of extermination. Dis- position of proceeds. Receiver. Bond. Any and all sums so expended by said state board of health shall be a lien upon the property on which such rodents, insects or other vermin shall have been destroyed, or other appro- ]iriate measures taken. The state board of health shall cause to be filed in the office of the county recorder of the county wherein said jiroperty is situated a notice setting forth the amount so expended by the state board of health and claiming a lien upon such property for the amount of such expenditures. Such claim of lien must be filed within six months after the first item of expenditure. An action to foreclose such lien shall be commeTiced within six months after the filing and recording of said notice of lien, which action shall be brought liy the state 1)oard of licilth through its attorney and for its benefit; |)rovided, however, Ili;it 1 lie lien provisions of this act shall not apply to the jtroperty of .■my loimty, city ;iiid county, municipality, district, or otlicr |>ublic cor|. oration, hut it sliall lie the duty of the governing body of such county, city and county, iniiiiicipality, district or other public corporation to repay the state l)oa)cl of health the amount expended by it upon such jtropcroration," when used in this act, in- cludes a corporation, a company, an association and a joint stock asso- ciation, (d) "Person.'' The term "person," when used in this act, includes an individual, a firm and a copartnership. (e) "Transportation of persons." The term "transportation of per- sons," when nsed in this act, includes every service in connection with or incidental to the safety, comfort or convenience of the person transported and the receipt, carriage and delivery of such person and his baggage. (f) "Transportation of property." The term "transportation of prop- erty," when used in this act, includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, re- frigeration, icing, dunnage, storage and handling, and the transmission of credit by express corporations. (g) "Street railroad." The term "street railroad," when used in this act, includes every railway, and each and every branch or extension thereof, by whatsoever power operated, being mainly upon, along, above or below any street, avenue, road, highway, bridge or public place within any city and county, or city or town, together with all real estate, fix- tures and personal property of every kind nsed in connection therewith, owned, controlled, operated or managed for public use in the transporta- tion of persons or property; but the term "street railroad," when used in this act, shall not include a railway constituting or used as a part of a commercial or interurban railway. (h) "Street railroad corporation." Tiio term "street railroad corpo- ration," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatso- ever, owning, controlling, operating or managing any street railroad for compensation within this state. (i) "Railroad." Ti:c Icim "lailroMd." when used in this act, includes every commercial, interurban and other railway other than a street rail- road, and each and every biancli or extension thereof, by whatsoever power ojjerated, together witli all hacks, bridges, trestles, rights of way, subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, sirnctiires and ecpiipment, and all otlier real estate, fixtures and [lersonal proj^'rly of cxcry kind used in connec- 1177 PUBLIC UTILITIES. Act 2886, § 2 tiou therewith, owned, controlled, operated or managed for puldic use in the trajisportatiou of persons or property. (j) "Railroad corporation." The term "railroad corporation," when usetl in this act, includes every corporation or person, their lessees, trus- tees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any railroad for compensation within this state. (k) ''Express corporation.'' The term "express corporation," when used in this act, includes ever}- corporation or person, their lessees, trus- tees, receivers or trustees appointed by any court whatsoever, engaged in or transacting the business of transporting any freight, merchandise or other property for compensation on the line of any common carrier or stage or auto stage line within this state. (1) "Common carrier." The term "common carrier," when used in this act includes every railroad corporation; street railroad corporation; ex- press corporation; dispatch, sleeping-car, dining-car, drawing-room car, freight, freight line, refrigerator, oil, stock, fruit, car-loaning, car-rent- ing, car-loading and every other car corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, oper- ating for compensation within this state; and every corporation or per- son, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any vessel en- gaged in the transportation of persons or property for compensation be- tween points upon the inland waters of this state, or regularly engaged in the transportation of jaersons or property for compensation upon the high seas on regular routes between points within this state. The term "inland waters" as used in this subsection includes all navigable waters within the state of California other than the high seas. (m) "Pipe-line." The term "pipe-line," when used in this act, includes all real estate, fixtures and personal property, owned, controlled, operated or managed in connection with or to facilitate the transmission, storage, distribution or delivery of crude oil or other fluid substances except water through jiipe-liues. (n) "Pipe-line corporation." The term "pipe-line corporation," when used in this act, includes every corporation or person, their lessees, trus- tees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any pipe-line for compensation within this state. (o) "Gas plant." The term "gas j^lant," when used in this act, in- cludes all real estate, fixtures, and personal property owned, controlled, operated or managed in connection with or to facilitate the production, generation, transmission, deliver}' or furnishing of gas, natural or manu- factured, for light, heat or power. (p) "Gas corporation." The term "gas corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, oper- ating or managing any gas plant for compensation within this state, except where gas is made or produced on arid distributed by the maker or producer through his tenants and not for sale to others. Act 2886, § 2 GENERAL LAWS. • 1178 (q) "Electric plant." The term "electric plant," when used in this act, includes all real estate, fixtures and personal property owned, con- trolled, operated or managed in connection with or to facilitate the pro- duction, generation, transmission, delivery or furnishing of electricity for light, heat or power, and all conduits, duets or other devices, mate- rials, apparatus or property for containing, holding or carrying conduc- tors used or to be used for the transmission of electrici.ty for light, heat or power. (r) "Electrical corporation." The term "electrical corporation," when used in this act, includes every corporation or person, their lessees, trus- tees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any electric plant for compensation within this state, except where electricity is generated on or distributed by the producer through private property alone solely for his own use or the use of his tenants and not for sale to others. (s) "Telephone line." The term "telephone line," when used in this act, includes all conduits, ducts, poles, wires, cables, instruments and appliances, and all other real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate com- munication by telephone, whether such communication is had with or without the use of transmission wires. (t) "Telephone corporation." The term "telephone corporation," when used in this act, includes every corporation or person, their lessees', trus- tees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any telephone line for compensation within this state. (u) "Telegraph line."' The term "telegraph line," when used in this act, includes all conduits, duets, poles, wires, cables, instruments and appliances, and all other real estate fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate com- munication by telegraph, whether such communication is had with or without the use of transmission wires. (v) "Telegraph corporation." The term "telegraph corporation,' when used in this act, includes every corporation or person, their lessees, trus- tees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any telegraph line for compensation within this state. (vv) "Water system." The term "water system," when used in this act, includes all reservoirs, tunnels, shafts, dams, dikes, headgates, pipes, flumes, canals, structures, and appliances, and all other real estate, fix- tures and personal property, owned, controlled, operated or managed in connection with or to facilitate the diversion, developmennt, storage, supply, distributio, sale, furnishing, carriage, apportionment, or measure- ment of water for power, irrigation, reclamation or manufacturing, or for municipal, domestic or other beneficial use. (x) "Water corporation." The term "water corporation," when used in this act, incliides every corporation or person, their lessees, trustees, receivers or trustees appdiiHcil liy ;iiiy court whatsoever, owning, con- 1179 PUBLIC UTILITIES. Act 2886, § 2 li'olliug, operating or managing any water system for compensation witliin this state. (y) "Vessel." Tlie term "vessel," when used in this act, includes every species of water craft, by whatsoever power operated, which is owned, controlled, operated or managed for public use in the transportation of persons or property, except row-boats, sailing boats and barges under twenty tons dead weight carrying cajjacity, and vessels propelled by steam, gas, fluid naphtha, electricity, or other motive power under the burden of five tons net register. (z) '"Wharfinger." The term "wharfinger," when used in this act, in- cludes every corporation or person, their lessees, trustees, receivers or trustees, ai)pointed by any court whatsoever, owning, controlling, oper- ating or managing any dock, wharf or structure used by vessels in con- nection with or to facilitate the receipt or discharge of freight or pas- sengers for compensation within this state. (aa) "Warehouseman." The term "warehouseman," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, oper- ating or managing any building or structure in which property is regu- larly stored for compensation within this state, in connection with or to facilitate the transportation of property by a common carrier or vessel, or the loading or unloading of the same, other than a dock, wharf or structure, owned, operated, controlled or managed by a wharfinger. (bb) "Public utility." The term "public utility," when used in this act, includes every common carrier, pipe-line corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, wharfinger and warehouseman, where the service is performed for or the commodity delivered to the public or any portion thereof. The term "public or any portion thereof" as herein used means the pub- lic generally, or any limited portion of the public including a person, private corporation, municipality or other political subdivision of the state, for which the service is performed or to which the commodity is delivered, and whenever any common carrier, pipe-line corporation, gas corporation, electrical corporation, telephone corporation, telegraph cor- poration, water corporation, wharfinger or warehouseman performs a ser- vice or delivers a commodity to the public or any portion thereof for which any compensation or payment whatsoever is received, such com- mon carrier, pipe-line corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, whar- finger or warehouseman is hereby declared to be a public utility subject to the jurisdiction, control and regulation of the commission and the provisions of this act. Furthermore, w^hen any person or corporation performs any service or delivers any commodity to any person or per- sons, private corporation or corporations, municipality or other political subdivision of the state, which in turn either directly or indirectly, medi- ately or immediately, perform such service or deliver such commodity to or for the corporation or corporations and each thereof is hereby de- clared to be a public utility and to be subject to the jurisdiction, con- trol and regulation of the commission and to the provisions of this act. [Amendment approved May 29, 1917; Stats. 1917, p. 1329.] Act 2886, § 17 GENERAL LAWS. 1180 §17. No transportation until rates are filed, (a) 1. No common car- rier subject to the provisions of this act shall engage or participate in the transportation of persons or property, between points within this state, until its schedules of rates, fares, charges and classifications shall have been filed and published in accordance witli the provisions of this act. 2. Diiferent rate not to be charged. No common carrier shall charge, demand, collect or receive a greater or less or diff'erent compensation for the transportation of persons or property, or for any service in connec- tion therewith, than the rates, fares and charges applicable to such trans- portation as specified in its schedules filed and in effect at the time; nor shall any such carrier refund or remit m any manner or by any device any portion of the rates, fares or charges so specified, except upon order of the commission as hereinafter provided, nor extend to any corpora- tion or iierson any privilege or facility in the transportation of pas- sengers or property except such as arc regularly and uniformly extended to all corporations and persons. 3. Passes. Express matter to company's officer. No common carrier subject to the provisions of this act shall, directly or indirectly, issue, give or tender any free ticket, free pass or free or reduced-rate trans- portation for passengers between points within this state, except to its officers, agents, employees, attorneys, physicians and surgeons, and mem- bers of their families; to ministers of religion, traveling secretaries of railroad men's religious associations, or executive office:i's, organizers or agents of railroad employees' mutual benefit associations giving the greater portion of their time to the work of any such association; in- mates of hospitals or charitable or eleemosynary institutions, and per- sons exclusively engaged in charitable or eleemosynary work, and persons and projjerty engaged or employed in educational work or scientific re- search or in patriotic work when permitted by the commission; to the executive officers of mercantile or promotion boards or bodies within this state when traveling in the performance of duties atfecting the ad- vancement of the business of such boards or bodies, or the development of trade or industry within or without this state, when authorized by the commission; to hotel employees of season resort hotels, when author- ized by the commission; to indigent, destitute and homeless persons and to such persons when transported by charitable societies or hospitals, and tlie necessary agents employed in such transportation; to inmates of the national homes or state homes for disabled volunteer soldiers and of soldiers' and sailors' homes, including those about to enter and those returning home after discharge; to necessary caretakers, going and re- turning, of livestock, jioultry, milk, fruit and other freight, under uni- form and nondiscriminatory regulations; to emp'loyees of sleeping-car corjiorations, express corporations and telegraph and telephone corpora- tions; to railway mail service employees. United States internal revenue olTicers, postoUice inspectors, customs olUcers and inspectors and immi- gration inspcclors when trav(ding in the course of their official duty; to newsboys on trains, haggage agents, witnesses attending any legal in- vosligation in which the carriei' is inteii'sted, persons injured in acci- dents or wrci-ks ami jjhysicians and nurses attending siudi persons; pro- 1181 PUBLIC UTILITIES. ,Act 2886, § 17 vided, that the term "employees," as used in this section, shall include furloughed, pensioned and superannuated employees, persons who have become disabled or infirm in the service of anj^ such carrier, ex-employees traveling for the purpose of entering the service of any such carrier, and the remains of persons dying while in the employment of any such carrier; and the term "families," as used in this section, shall include the families of those persons heretofore named in this proviso, and the families of persons killed, and the widows during widowhood and minor children during minority of persons who died while in the service of any such carrier; and i)rovided, further, that no free ticket, free pass or free or reduced-rate transportation shall be issued, given or tendered to any officer, agent or employee of a common carrier, who is at the same time a shipper or receiver of freight, or an officer, agent or employee of a shipper or receiver of freight, unless such officer, agent or employee de- votes substantially his entire time to the service of such carrier; and provided, further, that the members of the railroad commission, their officers and employees, shall be entitled, when in the performance of their official duties, to free transportation over the lines of all common carriers within this state; and provided, further, that passenger trans- portation may issue to the proprietors and employees of newspapers and magazines and the members of their immediate families, in exchange for advertising space in such newspapers or magazines at full rates, sub- ject however to such reasonable restriction as the commission may impose. Nothing in this act contained shall be construed to prohibit the issue by express corporations of free or reduced-rate transj^ortation for express matter to their officers, agents, employees, attorneys, physicians and sur- geons, and members of their families, or the interchange of free or reduced-rate transportation for passengers or express matter between common carriers, their officers, agents, employees, attorneys, physicians and surgeons, and members of their families, where such common car- riers are subject in wdiole or in part to the jurisdiction of the commis- sion or of the interstate commerce commission, or where such common carriers, though not in whole or in part subject to the jurisdiction of this commission or of the interstate commerce commission, but which are engaged in the business of transporting passengers and freight by water between the United States and foreign countries, and are per- mitted by the interstate commerce act to interchange such free trans- portation with common carriers which are subject to the jurisdiction of the interstate commerce commission or to the jurisdiction of this com- mission; provided, that such express matter be for the personal use of the person to or for whom such free or reduced-rate transportation is granted, or of his family; nor to prohibit the issue of reduced-rate trans- portation by a common carrier to children attending an institution of learning; nor to prohibit the issue of passes or franks by telegraph or telephone corporations to their officers, agents, employees, attorneys, phy- sicians and surgeons, and members of their families, or the exchange of passes or franks between such telegraph and telephone corporations or between such corporations and such common carriers, for their officers, agents, employees, attorneys, physicians and surgeons, and members of their families; nor to prevent the carrying out of contracts for free or Act 2886, § 43 general laws. 1182 reduced-rate passenger transportation heretofore made, founded upon adequate consideration and lawful when made; nor to prevent a common carrier from transporting, storing or handling, free or at reduced rates, the household goods and personal effects of its employees, of persons entering or leaving its service, and of persons killed or dying while in its service. 4. United States, state, etc., property may be carried free in certain cases. Every common carrier subject to the provisions of this act may transport, free or at reduced rates, persons or property for the United States, state, county or municipal governments, or for charitable pur- poses, or for patriotic purposes, or to provide relief in cases of general epidemic, pestilence or other calamitous visitation, and property to or from fairs or expositions for exhibit thereat; also contractors and their employees, material or supplies for use or engaged in carrying out their contracts with said carriers, for construction, operation or maintenance work or work incidental thereto on the line of the issuing carrier, to the extent only that such free or reduced-rate transportation is provided for in the specitications upon which the contract is based and in the contract itself. Common carriers may also enter into contracts with telegraph and telephone corporations for an exchange of service. (b) Rebates prohibited. Except as in this section otherwise provided, no public utility shall charge, demand, collect or receive a greater or less or different compensation for any product or commodity furnished or to be furnished, or for any service rendered or to be rendered, than the rates, tolls, rentals and charges applicable to such product or com- modity or service as si^ecitied in its schedules on file and in effect at the time, nor shall any such public utility refund or remit, directly or indirectly, in any manner or by any device, any portion of the rates, tolls, rentals and charges so specified, nor extend to any corporation or person any form of contract or agreement or any rule or regulation or any facility or privilege except such as are regularly and uniformly extended to all corporations and persons; provided, that the commission may by rule or order establish such exceptions from the operation of this prohibition as it may consider just and reasonable as to each public utility. [Amendment approved April 25, 1917; Stats. 1917, p. 199.] §43. No grade crossings without permission, (a) No public road, higliway or street shall liercaftor be constructed across the track of any railroad corporation at grade, nor shall the track of any railroad corpo- ration be constructed across a public road, highway or street at grade, nor shall the track of any railroad corporation be constructed across the track of any other railroad or street railroad corporation at grade, nor shall the track of a street railroad cori)oration be constructed across the track of a railroad corporation at grade, without having first secured the permission of the commission; provided, that this subsection shall not apply to the replacement of lawfully existing tracks. The commis- sion shall have the right to refuse its permissimi or (o grant it u[ion sui'li terms and conditions as it may proscribe. (h) Power to determine crossing point, etc. Payment of amount ap- portioned. 'I'he coMimission shall have the exclusive power to determine 118)3 PUBLIC UTILITIES. Act 2886, § 43 and prescribe the manner, including the particular point of crossing, and the terms of installation, operation, maintenance, use and protection of each crossing of one railroad by another railroad or street railroad, and of a street railroad by a railroad, and of each crossing of a public road or highway by a railroad or street railroad and of a street by a railroad or vice versa, subject to the provisions of section two thousand six hun- dred ninety-four of the Political Code so far as applicable, and to alter, relocate or abolish any such crossing, and to require, where in its judg- ment it would be practicable, a separation of grades at any such cross- ing heretofore or hereafter established and to prescribe the terms upon which such separation shall be made and the proportions in which the expense of the construction, alteration, relocation or abolition of such crossings or the separation of such grades shall be divided between the railroad or street railroad corporations affected or between such corpo- rations and the state, county, municipality or other political subdivision affected. It shall be the duty of each corporation and political sub- division to which any of the expense is apportioned to pay from the funds available therefor in its treasury the amount apportioned to it at the time and to the parties specified by the order of the commission and if the same is not paid in accordance with the commission's order the corporation or political subdivision entitled thereto under the commis- sion's order shall have the right to sue therefor in any court of com- petent jurisdiction. If no such funds are available as aforesaid, it shall be the duty of the appropriate boards, officers and employees intrusted with the levy and collection of the taxes or assessments of such political subdivision to do all acts necessary to include in the next succeeding tax or assessment levy the amount due and to collect the same, where- upon the amount due shall be paid over to the corporation or corpora- tions, the state, political subdivision, or political subdivisions entitled thereto under the commission's order. The commission shall have the power by order to designate the state, certain of said corporations, and political subdivisions, affected, to do all or specified portions of the acts required by any order of the commission made under the provisions of this subsection, and to prescribe the manner and the time within which the parties so designated shall be paid or reimbursed by the other corpo- rations, the state and political subdivisions among which the expense of the work has been apportioned by the commission. (c) 1. Power to fix just compensation. The commission shall have power in accordance v^fith the jirocedure provided in this subsection to fix the just compensation to be paid for property or anj^ interest in or to property to be taken or damaged in the separation or grades at any cross- ing specified in subsection (b) hereof, or for property or any interest in or to property to be taken or damaged in the construction, alteration or relocation, under the order or with the approval of the commission, of elevated tracks or subways for any railroad or street railroad over or under any public road, street, highway or private right of way, or of anjf public road, street or highway over or under the tracks of any rail- road corporation or street railroad corporation; and upon the payment of the just compensation so fixed to make a final order of condemnation as hereinafter provided. Act 2886, § 43 general laws. 1184 2. Manner of commencing proceedings. Proceedings under subsection (c) hereof may be commenced by order on the commission's own motion or by a petition filed by the state, county, city and county, incorporated city or town, other political subdivision, railroad corporation, or street railroad corporation affected. Any proceeding commenced under this subsection may be made a part of any proceeding commenced under sub- section (b) hereof. Said petition shall set forth the name and interest of the petitioner, and said order on the commission's own motion and said petition shall set forth a statement of the purpose of the proceed- ings and the use for which property or interest in or to property is sought to be taken, a description of each piece of land or other property or interest in or to property sought to be taken, and whether the same includes the w'hole or only a part of an entire parcel or tract or piece of property or interest in or to property and the names and addresses of all owners and claimants thereof, if known, or a statement that they are unknown, and a statement of each railroad corporation, the state and political subdivision which in the opinion of the commission or the petitioner has an interest in the proceeding. Said petition shall pray that the commission fix the just compensation to be paid for the acquisi- tion of or damage to the property and interest in or to property specified in the petition, that the commission designate the party or parties to the proceeding who shall pay such compensation and the owners and claimants of the property and interest in or to property condemned to whom such compensation shall be paid and that the commission make its final order of condemnation; provided, that when the proceeding is commenced by order on the commission's own motion said matters shall be included in the statement of the purpose of the proceeding. Said petition shall be duly verified and at the time the same is filed with the commission the petitioner shall also file the additional copies thereof equal in number to three or more than the number of owners and claim- ants named in the petition. ?,. Order to appear. Service. Publication. Notice of hearing. Amend- ment of petition. Upon the filing of said petition with the commission or tlio making of said order on the commission's own motion, the com- mission shall make its order specifying the nature of the proceeding, containing a general descrijition of the property and interest in or to property to be condemned, and directing the owners and claimants and the railroad corporations, street railroad corporations, and governmental authorities in interest named in said petition or order on the commis- sion's own motion, who siiall also be named in said order to show cause, to aj)pear before tlie commission at a time and place specified in said order, to show cause, if any they have, why the commission should not l)rocced after hearing to fix the just compensation to be paid for the acquisition of or damage to Ihp jirnporty and interest in or to jjroperty Hpecified in said petition or onlcr on llie conimission's own motion, to designate tlif ]i;iity or jiarties to the proci^eding who sliall pay such coni- j)ensation ;ini| I he owncis and claimants to whom such compensation shall be ])aid iiinl to ni;illi!ill diiccl the srcictary nf tlie commission to serve or cause to be served n|/(in cmiIi s;iid nwnci- ;inil cdaiuiant, railroad corjio- 1185 PUBLIC UTILITIES. • Act 2886, $ 43 ration, street railroad corporation and governmental authority in interest a copy of said order certified under the seal of the commission to which shall be attached a true and correct copy of the petition or order on the commission's own motion; provided, that when the proceeding is commenced hy order on the commission's own motion said order to show cause may be incorporated in said order on the commission's own motion. Personal service shall be made in accordance with the provisions of the Code of Civil Procedure of the state of California; provided, that ser- vice may also be made by depositing a copy of said order to show cause certified under seal of the commission with a true copy of the petition or order on the commission's own motion attached thereto or made a part thereof in the United States mail, inclosed in a sealed enveloj^e, regis- tered, with postage prepaid, addressed to each owner or claimant, rail- road corporation, street railroad corporation and governmental authority in interest named in said petition or order on the commission's own motion. If any owner or claimant named in the petition or order on the commission's own motion resides out of the state or has departed from the state or cannot after due diligence be found within the state, or conceals himself to avoid service, or is a corporation having lio man- aging or business agent, cashier or secretary or other officer upon whom summons may be served, who, after due diligence, cannot be found within the state, and the fact appears by affidavit to the satisfaction of the commission, and it also appears by such affidavit or by the petition or order on the commission's own motion that a cause of action exists against such owner or claimant on whom service is to be made and that he is a necessary or proper party to the proceeding, the commission may make an order that the service be made on such owner or claimant by publication of the commission's said order to show cause. Said order of the commission shall direct that the publication be made in a newspaper to be designated by the commission as likely to give notice to the owner or claimant to be served, and for such time as the commission may find to be reasonable, at least onc^a week, but publication against an owner or claimant residing out of the state or absent therefrom shall not be less than two months. If the address of any owner or claimant as stated in the petition or order on the commission's own motion is out of the state, the secretary of the commission shall within fifteen days after the making and filing of said order to show cause, deposit or cause to be deposited a copy of said order to show cause certified under the seal of the commission, with a true and correct copy of the petition or order on the commission's own motion attached thereto or made a part thereof, in the United States mail, inclosed in a sealed envelope registered, with postage prepaid, addressed to such owner or claimant at the address specified in the petition or order on the commission's own motion. Personal service of a copy of the order to show cause and of the petition or order on the commission's own motion out of the state is equivalent to publication and deposit in the United States mail. Within ten days prior to the time set for the first hearing on the peti- tion or order on the commission's own motion, which time shall be not less than thirty days after the filing of said petition or tTie making of 75 Act 2886, § 43 general laws. 1186 said order on the commission's own motion, the secretary shall serve or cause to be served upon the petitioner a written notice of such hear- ing, specifying the time and place at which such hearing shall be had. In all respects not in this paragraph otherwise provided, service and the proof of service shall be made as provided by the Code of Civil Pro- cedure of the state of California. Upon the completion of service upon the petitioner or upon any owner or claimant, railroad corporation, street railroad corporation or governmental authority in interest named in the petition or order on the commission's own motion, the commission shall have full and complete jurisdiction in so far as such petitioner, owner or claimant, railroad corporation, street railroad corporation, or govern- mental authority in interest is concerned, to make each finding herein- after referred to, to fix the just compensation to be paid for the acquisi- tion of or damage to any property or interest in or to property specified in the petition or order on the commission's own motion, to designate the party or parties to the proceeding who shall pay such compensation and the owner or claimant to whom such compensation shall be paid and to make its final order of condemnation. The failure to make such ser- vice upon any person alleging that he is an owner or claimant or party in interest but not named in the petition or order on the commission's own motion or to acquire jurisdiction over such person shall in no way affect the jurisdiction of the commission over owners and claimants and parties in interest on whom service has been made as in this paragraph provided. The commission shall have power at any time subsequent to the filing of the petition, and prior to making and filing its finding of just compensation, to authorize the amendment of the petition, or in case the proceeding is by order on the commission's own motion to amend said order, by altering or modifying the description of said property, or interest in or to property, or by adding to or deducting from said prop- erty or interest in or to property, or by bringing in any additional party or parties and in each other respect including each jurisdictional allegation. * 4. Hearing. Finding. At the time and place specified in said order to show cause, or at such other time and place as, for good cause, may be otherwise ordered by the commission, the commission shall proceed to a hearing upon the petition or order on the commission's own motion. When tlie proceeding has been submitted the commission shall make and file its finding upon the question whether the use to which the property or interest in or to property is to be applied is a use authorized by law and whether the taking is necessary to such use, and shall make and file its written finding and fixing the just compensation to be paid for said property or interest in or to property; provided, that if the com- mission finds that seve'rancc damages should be paid, the just compen- sation for such damages shall be found and stated separately. Said just conijtensation sliall be fixed by the commission as of the day on which the petition was filed or the order on tlic commission's own motion was made. Tlie coinniission shall also make its order designating the party or parties to (iii> lu'o'-ccding who shall pay the just coni])ensation so fixed, or Jiiiy |iorlioii thereof, tlie amounts in which it shall be paid, the times ;it wliidi it, sliiill be i>nif the petitioa, the secretary of the commission shall serve or cause to be served upon the petitioner a written notice of such hearing, specifying the time and place at which such hearing will be held. In all respects not in this paragraph otherwise specified, service and the jjroof of service shall be made as provided by the Code of Civil Procedure of the state of California. Upon the completion of service upon the iietitioner or upon any owner or claimant named in the petition, the commission shall have full and complete jurisdiction over such petitioner, owner or claimant, with full and complete jurisdiction, in so far as such petitioner, owner or claim- ant, is concerned, to make each finding hereinafter referred to. The failure to make service upon any person alleging that he is an owner or claimant but not named in the petition shall in no way affect the juris- diction of the commission over owners and claimants on whom service has been made as in this paragraph provided. 4. Hearing on petition. Amendment of petition. Finding fixing com- pensation. Severance damages. At the time and place specified in said order to show cause, or at such other time and place as, for good cause, may be otherwise ordered by the commission, the commission shall pro- ceed to a hearing on the petition. At such times and in such amounts as may be directed by the commission, the political subdivision must pay to the commission all extra costs as determined by the commission, which extra costs the commission may incur to comply with the require- ments of section forty-seven (b) of this act, and if such amounts are not paid by the political subdivision as directed by the commission, the com- mission may suspend further proceedings on the petition. Evidence may be i^resented by the political subdivision, by each owner or claimant named in the petition, and by the commission. The commission shall have power, at any time subsequent to the filing of the petition, and prior to making and filing its finding as to just compensation, to author- ize the amendment of the petition by altering or modifying the descrip- tion of said lands, property and rights, or said part or portion thereof, or by adding to or deducting from said lands, property and rights, or said part or portion thereof, and in each other respect including each jurisdic- tional allegation. When the proceeding has been submitted, the com- jnission shall make and file its written finding fixing, in a single sum, the just compensation to be ]iaid l)y the |)olitical subdivision for said lands, jjroperty and rights, or said part or portion thereof; j)rovided, that if the commission finds that severance damages should be paid, the just com- pensation for such damages sliall be found and stated separately. Said just co7npensation shall be fixed 1)y the commission as of the day on wliiidi tli(! petition was fil<'d with the comniifisinn. .". Acceptance by owner. Execution of deed by owner. Action on failure to execute deed. Within twenty days after the commission has made and filfd its finding, the owner of said lands, ])roperty and rights. 1191 PUBLIC UTILITIES, Act 2886, § 47 or of said part or jiortion thereof, may file with the legislative or other governing body of the political subdivision a written stipulation con- senting and agreeing to accept the just compensation fixed by the com- mission. Upon the filing of such written stipulation, the political sub- division must proceed with all due diligence to provide the necessary funds under the law governing the providing of such funds for paying the just compensation fixed by the commission. Whenever the just compensation has been tendered by the political subdivision, a deed of grant, bargain and sale conveying the owner's right, title and interest in and to said lands, property and rights, or said part or portion thereof, to the political subdivision, shall be executed and delivered by the owner, and the other claimants who have any right, title or interest in the property shall execute appropriate instruments of conveyance or release, conveying or releasing to the political subdivision their respective rights, titles and interests therein. If said deed or said instruments of con- veyance or release are not executed and delivered within sixty days after said tender has been made, the political subdivision may com- mence an action in a court of competent jurisdiction or proceed other- wise in the manner and for the purpose or purposes specified in the next paragraph of this section. 6. Action to take lands, etc., under eminent domain proceedings. Pro- ceedings to submit proposition to voters. Action commenced if voters approve. In the case of a petition of the first class, if the owner does not file said stipulation within said twenty days, the political subdivi- sion, within sixty days after the commission has made and filed its said finding, must commence an action in a court of competent jurisdiction in a manner in accordance with the provisions of law, to take under eminent domain proceedings said lands, property and rights, or said part or portion thereof. In the case of a petition of the second class, if the owner does not file said stipulation within said twenty days, the political subdivision, within sixtj' days after the commission has made and filed its said finding, must initiate proceedings for the purpose of submitting to its voters a proposition to acquire under eminent do- main proceedings said lands, property and rights, or said part or por- tion thereof. The political subdivision shall not be required, in either case, to delay for more than twenty days after the commission has made and filed its finding, before commencing said further proceedings. In the case of a petition of the second class, if the voters of the political subdivision, shall thereafter, as provided by the law governing said political subdivision, vote in favor of any proposition to acquire under eminent domain proceedings, or otherwise, said lands, property and rights, or said part or portion thereof, the political subdivision shall, within sixty days after its voters have so voted in favor of such acquisition, commence an action in a court of competent jurisdiction in a manner in accordance with the provisions of law, to take under eminent domain proceedings said lands, property and rights, or said part or portion thereof, unless the owmer shall have filed with the political subdivision a written stipulation consenting and agreeing to accept the just compensation fixed by the commission. 7. Petition by owner on failure of political subdivision to take action. Notice to political subdivision to appear. Expenses of owner assessed. Act 2886, § 47 general laws. 1192 Against political subdivision. If the political subdivision, in a petition of the first class, fails to file said action in a court of competent jurisdic- tion witiiin said period of sixty days after tlie commission has made and filed its said finding, or if the political subdivision in a petition of the second class, fails to proceed diligently to submit said proposition to its voters or fails, if its voters have voted in favor of the acquisition of said lands, property and rights, or of said part or portion thereof, to file said action in a court of competent jurisdiction within sixty days after the voters have voted in favor of said acquisition, the owner of such lands, property and rights, or of said part or portion thereof, may file with the commission a verified petition in writing setting forth said fact, which petition may also set forth in detail the expenditures which the owner has necessarily incurred in the proceeding before the commis- sion. The commission shall thereupon cause written notice of not less than ten days, with a true and correct copy of the owner's said petition attached thereto, to be served upon the political subdivision, to appear before the commission at a time and place specified in the notice, to show cause why an order should not be made by the commission (1) finding that the political subdivision has failed to pursue diligently its rights herein conferred, (2) determining that said finding as to just compensation shall no longer be of any force or effect, and (3) deter- mining the reasonable expenditures necessarily incurred by the owner which, in the opinion of the commission, should be assessed against the political subdivision. If the commission shall determine that the 7)olitical subdivision, in case of a petition of the first class, has failed to commence said action in a court of competent jurisdiction within said period of sixty days after the commission has made and filed its said finding of just compensation, or that the political subdivision, in case of a petition of the second class, has failed to proceed diligently to submit said proposition to its voters or has failed, after its voters have voted in favor of the acquisition of said lands, property or rights, or said part or portion thereof, to file said action in a court of compe- tent jurisdiction within said sixty days after the voters have voted in favor of said acquisition, the commission shall make and file its order declaring that said finding shall no longer be of any force or effect, and makes its finding as to the reasonable expenditures necessarily incurred by the owner in the proceeding before the commission, which the commission may find should be assessed against the political subdi- vision. The political subdivision shall thereupon be liable to the owner in the amount thus found by the commission and the owner may thereupon maintain an action against the political subdivision for said amount in :iiiy roiirt of competent Jnrisiliction. s. Finding of commission final. Judgment of court. Tlie finding of flic cominissioii fixing 1 lie just coiiiiiciisnt ion to be ]iaid by tlie political sul)divisioii for said hmds, |ir(»|i('ity ;ind rights, oi- said ]iart or jiortiou thereof, siiall be (iiml iiiid shall luit ])o suhject to modification, altera- tion, reversal or review by any court of tliis state. The court in which the f)olitical Hul)division -liall }ia\c cdniiiKMuod its action, subsecpient to the making and liliiig Ijv the coniinission of its finding as to just compensation, as hfrcinlicldn' siK'cilicd, if said court sluill first decide that the [lolitical snhdix ision lias tin' right and |io\v('r midiM' the law to 1193 PUBLIC UTiLiTiER. Act 2886, § 47 take said ];iu(.ls, pruperty and rights, or said part or portion thereof, shall enter a judgment in favor of the complainant in said action, as provided by law, fixing as the just compensation which shall be paid for the taking of said lands, property and rights, or said part or por- tion thereof, the just compensation fixed by the commission. The judg- ment may include therein the allowance of such costs between the par- ties as is provided for in the law of eminent domain of this state. The judgment of said court in so far as it refers to the just compensation to be paid for said lands, property and rights, or said part or portion thereof, shall be final and shall not be subject to modification, alteration, reversal or review by any court except as hereinafter in section forty - seven (b) of this act specified. The judgment of said court shall include a provision, in substance, that said judgment is subject to modification by reason of such increase or decrease in the just compensation to be ])aid as may thereafter be certified to said court by the commission, as hereinafter in section forty-seven (h) of this act jjrovided. 9. Petition by owner asking increase in compensation. Petition by political subdivision asking decrease in compensation. Hearing. Order increasing or decreasing, compensation. Judgment of court modified. At any time within thirty days subsequent to the entry of said judgment of said court, the owner of said lands, property and rights, or said part or portion thereof, may file with the commission a verified petition in writing, alleging that by reason of expenditures made by the owner sub- sequent to the date of the filing of the original petition with the com- mission, for the purpose of preserving or improving said lands, property and rights, or said part or portion thereof, or by reason of other acts and occurrences subsequent to said date, the just compensation thereto- fore fixed by the commission should be increased and praying that the commission make its finding increasing said just compensation. At any time within thirty days subsequent to the entry of said judgment of said court, the political subdivision may file with the commission a veri- fied petition in writing, alleging that by reason of loss or destruction of said lands, property and rights, or said p)art or portion thereof, or a part thereof, or by reason of depreciation or deterioration thereof or by reason of other acts and occurrences, subsequent to the date of the filing of the original petition with the commission, the just com- pensation theretofore fixed by the commission should be decreased and praying that the commission make its finding decreasing said just com- ])ensation. The commission shall, in each instance, cause a copy of said ])etition or petitions to be served ujjon each party, other than the peti- tioner, who was named as the political subdivision, owner or claimant in the original proceeding before the commission, together with a writ- ten notice specifying the time and place of hearing on said petition or petitions, which time shall be within forty-five days after the entry of said judgment by said court, and shall cause written notice of the time and place of said hearing to be served upon each petitioner in said ])etition or petitions. If both such petitions are filed, the commission shall have the power to consolidate said petitions for hearing and decision. After a hearing, the commission shall make and file its finding fixing, as of the date on which such finding is made and filed, the extent ^o which the just compensation theretofore fixed should be increased or Act 2886, § 47 general laws. 1194 decreased by reason of the matters alleged in said petition or petitions. If the claim is made that the just compensation theretofore fixed by the commission should be increased by reason of expenditures made bj' the owner subsequent to the date of the filing of the original petition with the commission for the purpose of preserving or improving said lands, property and rights, or said part or portion thereof, the commis- sion may increase said just compensation, by reason of such expendi- tures, only to the extent to which the commission shall determine that such expenditures were beneficial to said lands, property and rights, or said part or portion thereof, and reasonably and prudently made. The finding of the commission fixing the extent to which the just compen- sation theretofore fixed should be thus increased or decreased shall be final and shall not be subject to modification, alteration, reversal or review by any court of this state. The commission shall thereupon transmit to said court its finding, certified under the seal of the com- mission, fixing the extent to which the just compensation theretofore fixed by the commission shall be increased or decreased. Said court shall thereupon modify its judgment so as to conform with said finding of the commission. The judgment of said court, as thus modified, in so far as it refers to the just compensation to be paid for said lands, property and rights, or said part or portion thereof, shall be final and shall not be subject to modification, alteration, reversal or review by any court. The filing of either or both the petitions in this paragraph specified shall not act as a stay of the judgment in condemnation, but upon the payment of the just compensation fixed in the original judg- ment of condemnation the plaintiff in the action in said court shall be entitled to immediate possession of said lands, property and rights, or of said part or portion thereof. 10. Finding set aside by supreme court. Writ of review. Extension of time. The provisions of this act with reference to rehearing and review shall be applicable to the findings of the commission made and filed under the provisions of section forty-seven (h) of this act. Peti- tions for rehearing must be filed within twenty days from the date of making and filing the finding as to which a rehearing is desired. If a finding of the commission made and filed under the provisions of sec- tion forty-seven (b) of this act is set aside by the supreme court of the state of California, the matter shall be referred back to the commission for further action in the proceeding before the commission, and the com- mission shall have the right, in taking further action, to consider the entire testimony theretofore taken in the proceeding before the commis- sion as well as such further testimony, if any, as may be presented in connection with such further action. Should a writ of review be ob- tained from the supreme court of the state of California, the time within whicli the [jolitieal subdivision must file an action in a court of compe- tent jurisdiction or submit said proposition to its voters shall be extended to not more than sixty days beyond the final decision of the supreme court ufion said writ of review. 11. Procedure not exclusive. Tiie procedure provided in section forty- seven (h) of this act shall be considered as alternative and cumulative and not exclusive and the political subdivision shall continue to have 119") PUBLIC UTILITIES. Act 2886, § 50 tlie right to pursue any other procedure now or hereafter established providing for the acquisition under eminent domain proceedings of the lands, property and rights, or any part or portion thereof, of any public utility, and section forty-seven (b) of this act shall not be construed as repealing any law of this state providing for such eminent domain proceedings. Section forty-seven (b) of this act shall not affect pending actions or proceedings, but the same may be prosecuted and defended with the same effect as though section forty-seven (b) had not been amended. [Amendment approved May 5, 1917; Stats. 1917, p. 261.] § 50. New construction only after commission's certificate, (a) No railroad corporation whose railroad is operated primarily by electric energy, street railroad corporation, gas corporation, electrical corpora- tion, telegraph corporation, telephone corporation or water corporation shall henceforth begin the construction of a street railroad, or of a line, plant, or system, or of any extension of such street railroad, or line, plant, or system, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require such construction; provided, that this section shall not be construed to require any such corporation to secure such certificate for an extension within any city and county, or city or town within which it shall have theretofore lawfully commenced operations, or for an extension into territory either within or without a city and county, or city or town, contiguous to its street railroad, or line, plant, or system, and not theretofore served by a public utility of like charac- ter, or for an extension within or to territory already served by it, necessary in the ordinary course of its business; and provided, further, that if any public utility, in constructing or extending its line, plant, or system, shall interfere or be about to interfere with the operation of the line, plant, or system of any other public utility, already con- structed, the commission, on compfaint of the public utility claiming to be injuriously affected, may, after hearing, make such order and prescribe such terms and conditions for the location of the lines, plants, or systems affected as to it may seem just and reasonable. (b) Exercise of rights under franchise only when necessity requires. No public utility of a class specified in subsection (a) hereof shall hence- forth exercise any right or privilege under any franchise or permit hereafter granted, or under any franchise or permit heretofore granted but not heretofore actually exercised, or the exercise of which has been suspended for more than one year, without first having obtained from the commission a certificate that public convenience and necessity require the exorcise of such right or privilege; provided, that when the commission shall find, after hearing, that a public utility has here- tofore begun actual construction work and is prosecuting such work, in good faith, uninterruptedly and with reasonable diligence in pro- portion to the magnitude of the undertaking, under any franchise or permit heretofore granted but not heretofore actually exercised, such public utility may proceed, under such rules and regulations as the commission may prescribe, to the completion of such work, and may, after such completion, exercise such right or privilege; and provided, further, that this section shall not be construed to validate any right Act 2886, §50 general laws. 1196 or privilege now invalid ur hereafter beeoining invalid under any law of this state. (c) Articles of incorporation must be filed. Certificate authorizing construction. Before any certificate may issue, under this section, a certifiod copy of its articles of incori^oration or charter, if the applicant be a corporation, shall be filed in the office of the commission. Every applicant for a certificate shall file in the office of the commission such evidence as shall be required by the commission to show that such applicant has received the required consent, franchise or permit of the proper county, city and county, municipal or other public authority. When a complaint has been filed with the commission alleging that a public utility of the class specified in subsection (a) of this section is engaged or is about to engage in construction work without having secured from the commission a certificate of public convenience and necessity as required by the provisions of this section, the commission shall have power, with or without notice, to make its order requiring the public utility complained of to cease and desist from such construction until the commission makes and files its decision on said complaint or until the further order of the commission. The commission shall have power, after hearing, to issue said certificate, as prayed for, or to refuse to issue the same, or to issue it for the construction of a portion only of the contemplated street railroad, line, plant or system, or extension thereof, or for the j)artial exercise only of said right or privilege, and may attach to the exercise of the rights granted by said certificate such terms and conditions, including provisions for the acquisition by the public of such franchise or permit and. all rights acquired thereunder and all works constructed or maintained by authority thereof, as in its judgment the public convenience and necessity may require. If a public utility desires to exercise a right or privilege under a franchise or permit which it contemplates securing, but which has not as yet been granted to it, such public utility may apply to the commission for an order preliminary to the issue of the certificate. The commission may thereupon make an order declaring that it will thereafter, upon applica- tion, under such rules and regulations as it may prescribe, issue the desired certificate, upon such terms and conditions as it may designate, after the public utility has obtained the contemplated franchise or permit. Upon the presentation to the commission of evidence satisfac- tory to it that such franchise or permit has been secured by such public utility, the commission shaD thereupon issue such certificate. (d) State's reserved power over utilities. The legislature hereby declares that the provisions of this section are being enacted under the state's rcserveil power over public utilities or corporations, or both, as the case may bo, for the purj)ose of acting on the right of the grantee of a public utility franchise granted by a county, city and county or incorporated city or town, to exercise right thereunder, and not for the purpose of acting on the right of any city and county or incorporated city or town to grant any sucli franchise. The legislature hereby declares that the |)roviHioiis of tliis section shall be and remain in full force and efl'cit (••nicnnrnl I y willi the riglit of any city and county or incorporated city or town tn giiuit franchises for public utilities 1197 PUBLIC UTILITIES. Act 288G, § 70 iijiou tlie tiMiiis and conditions and in the manner prescribed by law. [Amendment ajiproved April 20, 1917; Stats. 1917, p. 168.] § 70. Hearing on value of property. Notice. Filing of findings of fact. Hearings for making revaluations. For the pnrpose of ascertain- ing the matters and things specified in section forty-seven (a) of this act concerning the value of the ^jroperty of public utilities, the com- mission may cause a hearing or hearings to be held at such time or times and place or places as the commission may designate. Before any hear- ing is had, the commission shall give the public utility affected thereby at least thirty days' written notice, specifying the time and place of such hearing, and such notice shall be sufficient to authorize the com- mission to inquire into the matters designated in this section and in said section forty-seven (a) of this act, but this provision shall not prevent the commission from making any preliminary examination or investigation into the matters herein referred to. All public utilities affected shall be entitled to be heard and to introduce evidence at such hearing or hearings. The evidence introduced at such hearing shall be reduced to writing and certified under the seal of the commission. The commission may make and file its findings of fact in writing upon such matters concerning which evidence shall have been introduced before it as, in its judgment, have bearing on the value of the property of the public utility affected. Such findings shall be subject to review by the supreme court of this state in the same manner and within the same time as other orders and decisions of the commission. The find- ings of the commission so made and filed, when properly certified under the seal of the commission, shall be admissible in evidence in any action, proceeding or hearing before the commission or any court, in which the commission, the state or any officer, department or institution thereof, or any county, city and county, municipality or other body politic and the public utility affected may be interested whether arising under the provisions of this act or otherwise, and such findings, when so intro- duced, shall be conclusive evidence of the facts therein stated as of the date therein stated under conditions then existing, and such facts can only be controverted by showing a subsequent change in conditions bearing upon the facts therein determined. The commission may, from time to time, cause further hearings and investigations to be had for the purpose of making revaluations or ascertaining the value of any additions, betterments, extensions and new construction made by any public utility subsequent to any prior hearing or investigation, and may examine into all matters which may change, modify or affect any finding of fact previously made, and may at such time make findings of fact supplementary to those theretofore made. Such hearings shall be had upon the same notice and be conducted in the same manner and the findings so made shall have the same force and effect as is provided herein for such original notice, hearing and findings; provided, that such findings made at such supplemental hearings or investigations shall be considered in connection wuth and as a part of the original findings, except in so far as such supplemental findings shall change or modify the findings made at the original hearing or investigation. [Amendment approved May 5, 1917; Stats. 1917, p. 269.]. Acts 2936e, 2956d general laws. 1198 TITLE 445. EAILEOADS. ACT 2936e. An act to provide for the equipment of steam locomotives with auto- matic bell-ringing devices. [Approved June 1, 1917. Stats. 1917, p. 1645.] § 1. Automatic bell-ringing devices on locomotives. Every railroad forporation, or receiver or lessee thereof, operating any line of railroad in this state by steam locomotives, shall within one year after the passage of this act or within such additional time as may be prescribed by order of the railroad commission of California after such railroad or receiver or lessee thereof has made a proper showing of its inability to comply therewith, equip all steam locomotives used or to be used in the hauling or propelling of trains over said railroad with a bell-ringer apparatus or device which apparatus or device when set in operation will ring and continue to ring the locomotive bell automatically, such apparatus or device being so constructed that it may be set in opera- tion from either or both sides of the locomotive cab. § 2. Penalty. Any railroad company, receiver or lessee thereof, oper- ating any line of railroad within this state by steam locomotives, violat- ing the provisions of this act shall be punished by a fine of not less than one hundred dollars or more than one thousand dollars for each offense. TITLE 448. EECLAMATION DISTEICTS. ACT 2956d. An act defining henceforth the exterior boundaries of Eeclamation Dis- trict jSTo. 108, situate partly in the counties of Colusa and Yolo, and providing for the liquidation of the affairs of Eeclamation District No. 108, as it now exists, its exterior boundaries being described in that certain act of the legislature, approved May 18, 1915 and approving the acts and proceedings of the said district, as defined in the said act of May 18, 1915, and the board of trustees thereof, and providing for the continuation in office of the present trustees of said district, and for the election and qualification of their successors, and providing that in the management and control of the affairs of said Eeclanuition District No. 108, as defined in this act, that it is subject to tlie provisions of the Political Code ot the state of California, and 1o ;ill other laws of the state, except as provided in the said act, in connection with the issuance and pay- ment of warrants and 1 lie payment of assessments, providing that all moneys of the said district shall be paid and deposited with the county treasurer of Colusa county, ami conferring jurisdiction upiTn the board of supervisors of the county of Colusa as to all matters concerning said district, and providing also for the management and control and administration of the affairs of said district. [Approved May 2(), 1917. Stats. 1917, p. 1219. In effect July 27, 1917.] The nature of the ad aiipears t'limi the title. 1190 '11ECL.VMATI0N DISTRICTS. Act 2966e, § 2 ACT 2966e. An act to create a reclamation district to be called Reclamation District No. 1001, and providing for the management and control thereof, and dissolving certain levee districts, swamp-land, districts and reclamation districts within the boundaries of said Ket-lamation District No. 1001, and providing for the liquidation and winding up of said dissolved districts. [Approved April 8, 1911. Stats. 1911, p. 831.] Amended 1917; Stats. 1917, p. 969. The amendment of 1917 follows: § 2. Management vested in trustees. Funds. Rights and powers. What laws apply. The management and control of the said district is hereby made subject to the provisions of the Political Code of the state of California," and other laws of the state, relative to reclamation districts formed under the provisions of the said Political Code, or such as may. be hereafter enacted, and is hereby vested in three trustees, who shall be elected in the manner prescribed by law, and who shall have and exercise all the j^owers and duties conferred or imposed, upon trus- tees of reclamation districts by law; provided, however, that the trustees now in office shall continue to hold office for the remainder of the terms for which they were respectively elected. In case of any vacancy in the office of trustee of the said district, the board of supervisors of the said county of Sutter shall aj^point a qualified person as trustee, who shall hold the said office for the unexpired term. The office of the said district shall be in Nicolaus, county of Sutter. The board of supervisors of the county of Sutter shall have jurisdiction of all matters concerning said district. All funds of the said district shall be deposited in the county treasury of the said county of Sutter, and shall be disbursed by the treasurer of the said county of Sutter in payment of the war- rants of the said district. The said district shall have power to make by-laws in conformity with the provisions of law, and shall have ail the rights and powers which are now or may hereafter be conferred by the provisions of the Political Code, or by other laws of the state, upon reclamation or swamp-land districts, and shall also have the right and power of purchasing real and personal property and rights of way, within the boundaries of said district, or outside thereof, that may' be necessary or desirable to carry out the purposes of the said district, or to acquire the same by condemnation proceedings, in the manner provided by law, and shall have the right and power to join in with other reclamation districts, levee districts, or swamp land districts, or other persons, in the construction and maintenance of levee and recla- mation works, and to contract as to the same, and also to do all other acts and things that may be lawfully done by any reclamation district. All laws and parts of laws, now existing, or that may hereafter be en- acted, relative to the qualification of electors for trustees, election of trustees, levy and collection of assessments, disbursements of funds, and the management and control of reclamation districts, and in and to all other matters pertaining to the management, control, or administra- tion of reclamation districts are, so far as the same may be applicable. Act 2966m, §§ 1-3 general laws. 1200 made a part of this act, and shall bo deemed to be incorporated herein. [Amendment approved May 26, 1917; 8tats. 1917, p. 969.] ACT 2966m. An act to create a reclamation district to be called "Eeclamation District Xumber Two Thousand Twenty," and providing for the control and management thereof, and repealing all acts and parts of acts incon- sistent with this act. [Approved May 26, 1917. Stats. 1917, p. 956. In effect July 27, 1917.] § 1. Eeclamation District No. 2020 created. A reclamation district is hereby created to be called Eeclamation District Number Two Thou- sand Twenty and the boundaries of such reclamation district shall be as follows: Commencing at the southwest corner of section thirty-six, township five north, range seven east. Mount Diablo base and meridian, in the county of San Joaquin, state of California, thence east one-half mile to south quarter corner of said section thirty-six, thence north one-quarter mile, thence east one-quarter mile, thence north three-quarters of a mile, thence east one-quarter of a mile to the southeast corner of section twenty-five, township five north, range seven east, Mount Diablo base and meridian, thence north one-half of a mile to the quarter section corner between section twenty-five, township five north, range seven east, Mount Diablo base and meridian, and section thirty, township five north, range eight east, Mount Diablo base and meridian, thence east along quarter section line seven hundred fifty feet, thence north parallel with the range line between ranges seven and eight east. Mount Diablo base and meridian, one thousand four hundred thirty-five feet, thence west parallel wuth said quarter section line seven hundred fifty feet to said range line between said ranges seven and eight, thence north along said range line to the boundary line between Sacramento and San Joaquin counties, thence westerly along said boundary line between said Sacramento and San Joaquin counties to the section line between sections twenty-six and twenty-seven, township five north, range seven east, Mount Diablo base and meridian, thence sOuth along section line to a point one-quarter mile north of the southeast corner of section thirty-five, township five north, range seven east, Mount Diablo base arid meridian, thence east one-half mile to quarter section line running north and south through center of said section thirty-five, thence south one-quarter mile to south quarter conior of said section thirty-five, thence east niie-half mile along section line to point of beginning containing one tliou^^aiici st'Xfn hunilrc(| tv^'enty -eight and two-tentlis acres. § 2. Management and control. The management and control of said reclamation district is liercl)y made subject to the provisions of the Political Code of the state of California and otiier laws of this state relative to reclamation districts formed under tlie provisions of said i'oliticiil Code. §3. Repealed. All acts and parts of acts inconsistent with tlie pro- \isioiiH of this ad are hereby repealed. 1201 RECLAMATION DISTRICTS. Act 2981b, § 2 ACT 2981b. An act creating a reclamation district to be called and known as "Reclamation District No. 1500" j providing for the management and control thereof and dissolving all levee districts, swamp-land dis- tricts, and reclamation districts, lying wholly within the boundaries of said Reclamation District No. 1.500, providing for the liquidation and winding up of said dissolved districts, and excluding from any levee district, swamp-land district and reclamation district any land lying within the boundaries of said Reclamation District No. 1500. [Approved April 30, 1913. Stats. 1913, p. 130.] Amended 1915, p. 1027; 1917, p. 9G6. The amendment of 1917 follows: §2. Management vested in trustees. Elections. Term of office. Funds. Eights and powers. The management and control of said Recla- mation District No. 1500 is hereby made subject to the provisions of article one of chapter one of title eight of part three of the Political Code of the state of California, relating to swamp and overflowed lands and reclamation districts, or any amendments or additions thereto, ex- cept as otherwise provided in this act, and the management and con- trol of said Reclamation District No. 1500 shall be vested in five trustees, who shall hold office until their successors are elected or appointed and qualified. F. W. Kiesel, Edward H. Gerber, Charles F. Silva, P. J. Hiatt and Frank G Snook are hereby appointed trustees for the said reclamation district to act until their successors are elected or appointed and qualified. An election of five trustees shall be held in said district on the third Tue. day in October, one thousand nine hundred twenty-one, and on the third Tuesday in October every four years thereafter, and shall hold office until their successors are elected or appointed and qualified. In case of any vacancy in the office of trustee of said district the governor of this state shall appoint a cpialified person as trustee, who shall hold said office until the next election. All the trustees, whether appointed by the governor of this state, or named herein, or elected as herein provided, shall hold office at the pleasure of the governor of this state. The office and principal place of business of said district shall be in the city of Sacramento and in such place as the board of trustees thereof may from time to time fix. The board of supervisors of the county of Sutter shall have jurisdiction of all matters concerning said district to the same extent as if the said district was formed under the provi- sions of said Political Code of the state of California, except as other- wise provided in this act. All funds of said district shall be deposited in the county treasury of said county of Sutter and shall be disbursed by the treasurer of said county in payment of the warrants of said district. Said district shall have the power to make by-laws in conformity with the provisions of law, and shall have all rights and powers, which are now, or may hereafter be, conferred by the provisions of the Political Code or by other laws of the state of California upon reclamation or swamp land districts, and shall also have the right and power of pur- chasing real and personal property and rights of way within the bound- aries of said district, or outside thereof as may be necessary or desirable 76 Act 2984, §§ 1, 2 GENERAL LAWS. 1202 to carry out the purposes of said district or to acquire tlie same by condemuatiou proceedings in tlie manner provided by law, and sliall also liave the right and power to join with other reclamation districts, levee districts or swamp-land districts or other persons in the construc- tion and maintenance of levees and reclamation works, and to contract for the same, and also to do all other acts and things that may be incident to or necessary to the reclamation of the lands of said district, as the board of trustees thereof may determine. All of the provisions of the Political Code of the state of California, unless inconsistent with the provisions of this act, are made a part of this act, and shall be deemed to be incorporated herein. The said reclamation district hereby created shall have the power, in addition to the power hereby conferred, to do all other acts or things that any reclamation district or swamp- land district within the state of California has power to do under any existing law or any law hereafter enacted. The said district may at any time petition in writing by its board of trustees the reclamation board to change the line of location or construction of any levee in this act, or in the act of which this is amendatory, described, or any other levee, or to build any additional or sui^plemental levee or levees, and the reclamation board may, by an order, allow such petition in whole or in part, and allow such change or the building of any additional or supplemental levee. [Amendment approved May 26, 1917; Stats. 1917, p. 966.] The amendatory act of 1917 contained the following provision: §3. All acts and parts of acts in conflict with or inconsistent with the provisions of this act are hereby repealed. ACT 2984. An act to promote the reclamation of arid land and to provide that certain land belonging to the state of California, within the bound- aries of an irrigation district shall be subject to the assessments levied in said district. [Approved May 25, 1917. Stats. 1917, p. 936. In eft'ect July 27, 1917.] §1. State lands within irrigation districts subject to assessment. Whenever there shall be included in any irrigation district organized and existing under the laws of this state, public lands belonging to the state subject to entry, or which have been enter6d, and for which no certifi- cates of purchase have been issued, such lands are hereby made and declared to be subject to all of the provisions of the law relating to the organization, government and regulation of irrigation districts to the same extent and in the same manner in which the lands of a like character lield unde.r private ownership' are or may be subject to such law provided, however, that nothing herein contained shall be construed as creating any obligalion against the state of California to pay any of said charges, assessment or debt. §2. Notices served on surveyor-general. All notices required by the act under whicli sucli district is organized shall, as soon as such notices arc Lssucd, be served upon the surveyor-general of the state of California by mailing to his oflice a copy thereof inclosed in a sealed envelope with postage prepaid. 1203 SAN DIEGO CITY. Act 3158a, § 5 § 3. Assessment lien. No xmblic lands which were uneutered at the time any assessment was levied against the same by such irrigation dis- trict shall be sold for such assessment, but such assessment shall be and continue a lien upon such land, and no patent shall issue therefor until the applicant shall present a certificate from the proper district officer showing that no unpaid assessments or charges are due and delincpieut against said land. TITLE 473. SAN DIEGO CITY. ACT 3158a. An act conveying certain tide-lands and lands lying under inland navi- gable waters situated in the bay of San Diego to the city of San Diego in furtherance of navigation and commerce and the fisheries, and providing for the government, management and control thereof. [Approved May 1, 1911. Stats. 1911, p. 1357.] Amended 1913, p. 78; 1915, p. 1323; 1917, p. 916. The amendment of 1917 follows: §5. Eestrictions on land, leases. Tlie city of San Diego may lease lands granted and conveyed to it by this act under the following restric- tions and conditions: (a) Term of fifty years. Rentals. Revaluation.^ Right to sublet. Improvement by lessee. All that portion of the said lauds lying on the shores of the bay of San Diego, between a prolongation into the bay of San Diego of the south line of Laurel street and the prolongation into the bay of San Diego of the northerly line of the United States military reservation on Point Loma, and also that portion of said lands lying between a prolongation into the bay of San Diego of the easterly line of Twenty-eighth street, and a prolongation into the bay of San Diego, of the boundary line between the city of San Diego and the city of National City, which shall not have been developed or improved by the city of San Diego at the date of such leasing may be leased by the said city in such, areas as, in the judgment of the common council of the said city of San Diego, may seem proper, and for a term not to exceed fifty years; provided, however, that said city may have the right to renew such lease or leases for a further term not exceeding twenty- five years or to terminate the same on such terms, reservations and con- ditions as may be stipulated in such lease or leases. Every such lease shall provide for the payment of rentals to the city of San Diego, which said rentals shall be either an agreed per cent of the gross earnings de- rived from the leased lands, or shall be fixed upon a basis of the valuation of such lands. In the event that the rental is an agreed per cent of the gross earnings, the lease shall provide a method for ascer- taining and determining from time to time during the term, such gross earnings. lii the event that the rentals shall, by any such lease, be provided to be fixed upon the basis of the valuation of the leased lands, then in such event the lease shall provide a method for ascertaining at stated periods during, the term, the reasonable value of the leased lands, and in all cases in which the rental is provided to be fixed upon Act 3158a, § 5 general laws. 1204 the basis of the valuation of the leased lands, then in such event the lease shall provide a method for ascertaining at stated periods daring the term, the reasonable value of the leased lands, and in all cases in which the rental is provided to be fixed upon the basis of the value of the leased lands, the lease shall provide for the payment of a certain per cent of such value ascertained in the manner provided by the lease, and such per cent shall be the rental to be paid until a different valua- tion is fixed; provided, however, that there shall be no revaluation of any leased lauds for the purpose of fixing the rentals oftener than once every ten years. Said leases shall also provide that at no time during their terms shall the said city of San Diego be required to make any improvements on or for the benefit of the leased lands. The lessees named in such leases shall have the right to sublet the said lands, or any part thereof, which subleases shall be subject to the same condi- tions and restrictions as the original and each lease executed by the city shall contain provisions to this effect. The said city of San Diego may grant wharf franchises for wharves adjoining and extending into the bay from the above-mentioned territory for terms, not to exceed in duration the terms- of the leases on the adjacent lands, and the right to regulate and control the waters of the harbor adjacent to said leased land and to fix reasonable rates and tolls for the use of such wharves and docks abutting or adjoining such leased lands, shall be reserved to the city of Sari Diego and the state of California. Said lease or leases shall provide that a sum of money be expended upon the improvement of said lands by the said lessee or lessees within a reasonable time and said lease or leases shall contain provisions fixing the amount of money to be so expended and the time within which it shall be spent. The city may place such further restrictions or conditions in such leases and franchises when granted as do not conflict with the terms of this act and all grants of leases or franchises shall be authorized by ordi- nance. (b) Remainder for fifty years. All the remaining portions of said lands may be leased for a term not to exceed fifty years, and no such lease shall be for a larger area than for forty acres, and such lease shall not be assignable or transferable nor shall any lessee have the right to sublet the leased premises or any part thereof without the con- sent of tlie common council by ordinance duly adopted; provided, how- ever, that every lease so executed sliall reserve to the common council and to the people of San Diego the right and privilege by ordinance duly adopted to terminate, change or modify sueli lease or leases on such terms, resorval ions and conditions as may ho stipulated in such lease or leases. ((■) Right of way reserved. Tin' city of San Diego shall reserve over the lands mejitioned in subsections (a) and (b) a continuous right of way for a municipal belt line of railway tracks, which right of way shall be not less than one hundred feet in width and shall be so located as to practically parallel the United States bulkhead line, and no lease, franchise or privilege, shall be granted upon any of the lands men- tioned in said subsections (a) and (b) that will in any way interfere with said right of way unless there be reserved in said lease, franchise 1205 SAN DIEGO CITY. Act 3158c, §§ 1-3 or privilege to tiie city !i right of way for said railroad of not less than one hundred feet in width. | Aniendnient approved May '24, 1917; Stats. 1917, p. 916.]. ACT 3158c. An act granting certain lands in the city of San Diego to San Diego Lodge No. 153, of the Independent Order of Odd Fellows of Cali- fornia; and rafifying and declaring valid a conveyance of said lands heretofore made by said city to said lodge. [Approved May 24, 1917. Stats. 1917, p. 9.32. In effect .July 27, 1917. J § 1. Certain lands granted to San Diego Lodge No. 153, I. O. O. F. There is hereby granted to San Diego Lodge No. 153, of the Independent Order of Odd Fellows, of California, and to its successors and assigns, all that certain tract of land situate and being in the city of San Diego, county of San Diego, state of California, and bounded and described as follows, viz.: Beginning at the southeastern corner of the cemetery lot as designated in the map of the city lands as drawn by James Pascoe bearing date May, A. D. 1870; thence westerly along the south boundary of said cemetery lot fifteen chains; thence due north seven and twenty- five hundredths chains; thence easterly, parallel with the south boundary of the tract, twelve and seventy-eight hundredths chains; thence along the eastern boundary of the pueblo of San Diego, as surveyed by J. C. Hayes, seven and fifty-nine hundredths chains to the point of beginning; comprising ten acres of land, together with all and singular the tene- ments and appurtenances thereunto in anywise appertaining; and being the same tract of land sold and conveyed to said lodge by a deed duly executed and delivered by said city of San Diego by and through its trustees on the twenty-ninth day of September, A. D. one thousand eight hundred seventy, and which deed was duly recorded in the office of the county recorder of said county of San Diego, in book number twelve of deeds, at page four hundred forty-seven, records of said county of San Diego, on the nineteenth, day of May, A. D. one thousand eight hundred seventy-one, and which said deed and conveyance by said city of San Diego to said lodge is hereby ratified, confirmed and declared valid and effectual from the date thereof. §2. Right to sell, etc. Said San Diego lodge shall have the free and exclusive use, control and management of said tract of land forever, and shall have the power to sell and convey lots or plots of land within said tract to purchasers, and all conveyances shall be made in the name of said lodge and shall be executed by the noble grand and the secretary of said lodge, with the seal thereof attached thereto; and every convey- ance and transfer of lots or plots within said tract heretofore made by or on behalf of said lodge is hereby declared to be valid and effectual to transfer the title to the purchaser. § 3. Repealed. All acts and parts of acts inconsistent with or in conflict with the provisions of this act, so far as they apply or refer to the said tract of land herein granted, are hereby repealed. Acts 3177, 3335, § 6 general laws. 1206 TITLE 475. SAN FRANCISCO. ACT 3177, Charter of San Francisco. [Stats. 1899, p. 241.] Amended 1903, p. 583; 1907, pp. 10, 29; 1911, pp. 1469, 1G61; 1913, pp. 1473, 1602; 1915, p. 1807; 1917, p. 1708. ACT 3335. • Concerning waterfront of. [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; 1917, p. 583. See Political Code, § 2524, as amended 1901, p. 619; also the case of People ex rel. State Harbor Commissioners v. Pacific Imp. Co., 130 Cal. 442. The amendment of 1917 follows: § 6. Commissioners to have control of certain streets. May assign portions. May lease certain seawall lots. Term of lease. The said com- missioners shall have the possession, jnrisdiction, and control over the blocks and parts of blocks formed by the change of the waterfront and the extensions of the streets to the thoroughfare aforesaid, and re- move any obstructions placed thereon in the same manner as provided for the removal of obstructions from the piers, wharves and thoroughfares. The commissioners, are authorized to keep and maintain said blocks and parts of blocks as open spaces for the use of the public, or they may, in their discretion, inclose them. The commissioners are also authorized to assign the use of such portion thereof as they deem expedient for such purposes solely as will be most advantageous to the commerce of the port, and upon such terms and conditions as they may determine. All such assignments shall terminate at the pleasure of the commissioners. The commissioners are also authorized to lease such portion or por- tions of seawall lots, numbered one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seven- teen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twentj-'four, twenty-five, "a," "b," and "c," as they ma}' deem expedient for such purposes solely as will be most advantageous to the commerce of the port; provided, that before the execution of any lease, notice of the letting or leasing of any of the lots hereinbefore mentioned, or parts thereof, shall be given by publication in three of the daily papers published in the city of San Francisco for at least ten days; such notice shall state the lot or portion of lot to be leased, and that bids will be received by the commissioners at a place and time designated in such notice; and that said projjerty shall be let to the highest and best bidder; provided, further, that all bids for lease of lots, or portions of lots, herein mentioned, shall set forth the purposes for which said lots, or the portions thereof, shall be used, and that the statement of such bid shall be embodied in the lease given by the board of state harbor com- miasioners with the condition that the lot shall be used for such purposes only; provided, further, tliat said board shall have the power to reject any and all bids; and ])rovidcd, further, that in no event shall any such lease or leases be made for a term exceeding twenty-five years; provided, 1207 SAN FRANCISCO. Act 3348b, §§ 1, 2 however, tlmt all leases made and executed within two years preceding February fifteenth, nineteen hundred and one, and on file in the office of the secretary of state, of any lands belonging to the state less than fifty acres in area, and which lease has been made to any corporation incorporated in this state, or to any person or persons, for terminal facilities, is hereby recognized, approved and ratified, and the conditions, covenants, and agreements of the parties thereto are made binding on the said parties, and on their successors and assigns, and on the state of California. The amendatory act of 1917 also contained the following provision: §2. Repealed. All acts and parts of acts in conflict herewith are hereby repealed. ACT 33481). An act to carry into effect the provisions of subdivisions six and seven of section eight and one-half of article eleven of the constitution of the state of California; and also to provide for the alteration of the boundaries of and for the annexation of territory located in the county of San Mateo to the city and county of San Francisco, for the incorporation of such annexed territory in and as a part thereof, and for the government of such annexed territory as an integral part of such city and county of San Francisco. [Approved April 24, 1917. Stats. 1917, p. 175. In effect, see section 31.] § 1. City and county of San Francisco may annex territory in San Mateo county. It shall be competent for the city and county of San Francisco a municipal corporation organized and incorporated under a freeholders' charter under and by virtue of the constitution and laws of the state of California, to annex territory contiguous to such con- solidated city and county, unincoroprated or otherwise, situate wholly in the county of San Mateo, state of California, said annexed territory to be an integral part of such city and county. § 2. Edection in incorporated cities on proposal for annexation. If additional territory, including more than one incorporated city or town, is proposed to be annexed to said city and county of San Francisco, the board of supervisors of said city and county will be empowered to give notice by a resolution of said board of supervisors, to the legislative bodies of any such incorporated cities or towns proposed to be so annexed of the said annexation proposal. Upon a petition requesting such notice to be so given, filed with said board of supervisors of said city and county and signed by not less than fifteen per centum of the qualified electors of said city and county, it shall be the duty of said board of supervisors of said city and county to thereupon by resolution of said board of supervisors, to give notice to the legislative bodies of such incorporated cities or towns proposed to be so annexed. Each of said last described legislative bodies of said incorporated cities or towns may, upon such notice, given by said board of supervisors of the city and county of San Francisco either by its own initiative or upon the initia- tive of such a petition so filed with said board of supervisors, and in any such incorporated city or town, upon a petition requesting such action Act 3348b, § 3 general laws. 1208 filed with such a legislative body thereof and signed by not less than fifteen per centum of the qualified electors of such incorporated city or town, proposed to be so annexed, must, thereupon cause notice to be given of an election to be held in such incorporated city, or town, pro- posed to be so annexed, at which shall be submitted to the qualified electors of such city, or town, a proposal for the annexation thereof to said city and county of San Francisco. Said notice shall be given by publication for at least five successive publications in a newspaper of general circulation printed and published in such incorporated city or town so proposed to be annexed, the last publication to be not less than twenty days prior to any such election. This notice shall include a par- ticular description of any such incorporated cities or towns so proposed to be annexed by naming such incorporated cities or towns, together with a particular description of any debts to be assumed by the district as hereinafter set forth, unless such particular description is contained in the said election proposal so submitted. If there be no such news- paper so printed and published in any such incorporated city or town then such publication may be made in any newspaper of general circu- lation printed and published in the nearest incoriDorated city or town , where such a newspaper may be so printed and published. The electors of said incorporated city or town shall be directed by such notice to vote upon such question in the manner hereinafter set forth. Such legis- lative body of said incorporated city or town proposed to be so annexed is hereby empowered and it shall be its duty to establish, and in such notice of election, to designate the voting precinct or precincts and the place or places at which the polls will be open for such election in such incorporated city or town so proposed to be annexed, which said place or places shall be that or those usually used as voting places within such incorporated city or town, if any such there be. The legislative body of said incorporated city or town proposed to be so annexed, is hereby empowered to, and it shall appoint the officers of such election, who shall be, for each voting place in such incotporated city or town, two judges and one inspector, 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. § 3. Question for forming district to vote on consolidation. Country ballots. Upon tlie ballots to be used at any such election there shall be printed tlie words "Shall (herein insert name of the city or town to be included in such annexed territory) be included in a district to be here- after defined by the city and county of San Francisco which district shall, within two j'cars from the date of this election, vote upon a proposal submitted as one indivisible question, that such district to bo then de- scribed and set forth shall consolidate with the city and county of San Francisco in a consolidated city and county government, and that such district shall become subject to taxation, along with the entire territory of the proposed city and county in accordance with the assessable valua- tion of the property of said district for the following indebtedness of said city and county of San Francisco to wit: (herein insert in general terms, reference to any debt to be assumed and if none insert 'None'), 'Yes,'" and "Shall (herein insert name of the city or town, to be in- 1209 SAN FRANCISCO. Act 3348b, § 4 eluded in such annexed territory) be included in a district to be hereafter defined by the city and county of San Francisco, which district shall, within two years from the date of this election, vote upon a proposal submitted as one indivisible question, that such district to be then de- scribed and set forth shall consolidate with the city and county of San Francisco in a consolidated city and county government, and that such district shall become subject to taxation, along with the entire territory of the proposed city and county in accordance with the assessable valua- tion of the property of said district for the following indebtedness of said city and county of San Francisco to wit: (herein insert in general terms reference to any debt to be assumed, and if none insert 'None'), 'No.' " There shall be a voting square to the right of and opposite each such proposition. If an elector shall stamp a cross (X) in the voting square after the printed word "Yes" the vote of such elector shall be counted in favor of the said proposal, and if an elector shall stamp a cross (X) in the voting square after the printed word "No" the vote of such elector shall be counted against such proposal. The judges and inspector of such election for each polling place shall immediately, upon the closing of the polls, count the ballots, make up, certify and seal the ballots and tally sheets of the ballots east at their respective polling places, doing so as nearly as practicable, in the manner provided in the laws of this state relating to general elections, and thej^ shall thereupon deliver the ballots, tally sheets and returns to and deposit the same with the clerk of the legislative body of such incorporated city or town pro- posed to be so annexed. § i. Canvass of returns. Returns sent to board of sueprvisors of San Francisco. Returns sent to secretary of state. Such legislative body of said incorporated city or town jiroposed to be so annexed shall, at the time provided for its regular meeting next after the expiration of five days from and after the date of said election meet and proceed to can- vass said returns, and said canvass shall be completed at such meeting, if practicable, and in any event, as soon as practicable, avoiding adjourn- ment or adjournments until said canvass is completed. Immediately upon the completion of such canvass such canvassing body shall cause a record thereof to be made and entered upon its minutes stating the pro- posal submitted and showing the whole number of votes cast on the proposal submitted to such incorporated city or town, the number of votes cast therein in favor of the said proposal, and the number of votes east therein against the said proposal. The clerk or other officer per- forming the duties of clerk of such canvassing body shall promptly, and within ten days of the completion of such canvass by said body make and certify under the seal thereof, and transmit to the board of super- visors of the city and county of San Francisco a copy of the records of the canvass of the returns of the election so canvassed by said canvass- ing body, together with a statement showing the date of such election, and the time and the result of the canvass of the returns of such election, and containing a description of such incorporated city or town, by nam- ing the said incorporated city or town. And if it shall appear, from a canvass of the returns of the election held in the said incorporated city or town that a majority of the qualified electors voting on such pro- Act 3348b, §§ 5-7 general laws. 1210 posal voted in favor thereof the said clerk or other officer performing the duties of clerk of such body so canvassing such returns shall also, promptly, and within said ten days, make and certify, under the seal thereof, and transmit to the secretary of state of the state of California, a like copy of the record of the canvass of said returns, together with a like statement showing the date of such election, and the time and the result of the canvass of the returns of such election, and containing a description of such incorporated city or town, by naming said incor- porated city or town. Said document shall be filed by the secretary of state immediately upon receipt thereof. § 5. Limit to number of elections. Nothing herein contained shall be construed as iH'ohibiting a further election or further elections to be held in any such incorporated city or town to which the foregoing proposal shall have been submitted, and a majority of whose qualified electors voting thereon shall not have voted in favor thereof; provided, that there must be an interval of at least ninety days between said elections, and that not more than three such elections shall be held in any one incorporated city or town, upon any one initiation of an annexation pro- posal by the city and county of San Francisco; and further provided, that no annexation proposal shall be so initiated by the city and county of San Francisco, more than once in a period of two years. § 6. District formed of incorporated and unincorporated territory. Size of district. Any and all of the said incorporated cities or towns, to which the foregoing proposal shall have been submitted, and a majority of whose qualified electors voting thereon shall have voted in favor thereof together with such unincorporated territory as the board of super- visors of the said city and county of San Francisco may determine to have included, the whole to form an area contiguous to said city and county shall be by the board of supervisors of said city and county created into a district; provided, however, that with reference to any such district which may be first created following the adoption of this act, no such district shall in any event be created containing a popula- tion of less than nine thousand people or a total area of less than seventy-five square miles. The population as ascertained and estab- lished by the last preceding census taken under the authority of the congress of the United States, or the legislature of California, or of the board of supervisors of said county of San Mateo, or of any legisla- tive body of any such incorporated city or town may be used as the basis for ascertaining such population. Also, if necessary, such popula- tion of the said district or any portion thereof, may be determined by tlic lioard of supervisors of said county of San Mateo; and as to any incorporated city or town in said district, sucli population may, if neces- sary, be dotermiiic(| liy tiie legislative body of sucli incorporated city or town. §7. Question for consolidation. SiiljscMpient to said elections in said incorporated cities or towns, and witliiii the two years above described, there shall be submitted by tlie board of supervisors of the county of San Mateo a iirojiosa! to tlic xdtcis of said entire district, as one indi- visible question, substantially in the following form: "Shall the territory 1211 SAN FRANCISCO. Act 3348b, § 8 (herein designate in general terms the territory to be annexed) consoli- date with the city and county of San Francisco in a consolidated city and county government, said consolidation to take effect (herein insert date when such consolidation shall take effect) and shall the said an- nexed territory become subject to taxation, as an integral part of the city and county so formed, in accordance with the assessable valuation of property of said territory for the following indebtedness of said city and county in San Francisco to wit: (herein insert in general terms, reference to any debts to be assumed, and if none, insert 'None'), 'Yes,'" and "Shall the territory (herein designate in general terms the territory to be annexed) consolidate with the city and county of San Francisco in a consolidated city and county government, said consolidation to take effect (herein insert date when such consolidation shall take effect) and shall the said annexed territory become subject to taxation, as an inte- gral part of the city and county so formed, in accordance with the assess- able valuation of property of said territory for the following indebted- ness of said city and county of San Francisco (herein insert in general terms, reference to any debts to be assumed, and if none, insert 'None'), 'No.' " There shall be a voting square to the right of and opposite each such proposition. If an elector shall stamp a cross (X) in the voting square after the printed word "Yes" the vote of such elector shall be counted in favor of the said proposal and if an elector shall stamp a cross (X) in the voting square after the printed word "No"' the vote of such elector shall be counted against such proposal. § 8. Manner of submitting qLuestion. Notice. Description of territory and debts. The manner to be followed by the board of supervisors of said county of San Mateo in the submission of said question and the holding of such election, their establishment of election precincts and their appointment of election officers, and the publication of the notice, of such election, shall be substantially the same as that set forth in section two of this act for the submission of an annexation proposal to any incorporated city or town, and the notice thereof shall be published in the incorporated city or town included in said district containing the largest population as ascertained and established by the last preceding census taken under the authority of the congress of the United States, or of the legislature of California; provided, that if there be no news- paper printed and published in said incorporated city or town, as pro- vided for herein, then in the nearest incorporated city or town where such a newspaper is so printed and published. This notice shall include a particular description of any such incorporated city or town so pro- posed to be annexed, by naming such incorporated city or town together with a particular description of any debts to be assumed by such district, as in this act set forth, unless such particular description is contained in the said election proposal so submitted. In addition to such descrip- tion such territory as may be made up of unincorporated territory, shall also be designated in such notice by some appropriate name or other words of identification, by which such territory' may be referred to and indicated upon the ballots to be used at any election at which the ques- tion of annexation or consolidation of additional terrritory is submitted as herein provided. Any such unincorporated territory must in said Act 3348b, §§9, 10 general laws. , 1212 notice be specifically described by giving the boundaries thereof, unless such particular description is contained in the said election proposal so submitted. § 9. Proposal for permitting territory to withdraw from San Mateo county. At the same election so held in said district there must also be held throughout the county of San Mateo, and also under the super- vision of the board of supervisors of said county of San Mateo, an elec- tion at which a proposition must be submitted to the electors of such county for the consent of such county to such annexation of said district to the city and county of San Fi'ancisco. The board of supervisors of said county of San Mateo shall submit a proposal to the voters of said entire county, substantially in the following form: "Shall the territory herein designate in general terms the territory to be annexed) be per- mitted to withdraw from the county of San Mateo and consolidate with the city and county of San Fi-ancisco in a consolidated city and county government, said consolidation to take effect (herein insert date when such consolidation shall take effect) 'Yes,' " and "Shall the territory (herein designate in general terms the territory to be annexed) be per- mitted to withdraw from the county of San Mateo and consolidate with the city and county of San Francisco in a consolidated city and county government, said consolidation to take effect (herein insert date when such consolidation shall take effect) 'iSTo.' " There shall be a voting square to the right of and opposite each such ijroposition. If an elector shall stamp a cross (X) in the voting square after the printed word "Yes" the vote of such elector shall be counted in favor of the said pro- posal, and if an elector shall stamp a cross (X) in the voting square after the printed word "No" the vote of such elector shall be counted against such proposal. § 10. Manner of submitting ctuestion, Notice. Description of terri- tory. The manner to be followed by the board of supervisors of the said county of San Mateo in the submission of said question and the holding of such election, their establishment of election precincts, and their ap- pointment of election officers, and the publication of notice of such elec- tion shall be substantially the same as that set forth in sections two and eight of this act for the submission of an annexation proposal to any incorporated city or town, and to any district as provided for in this act, and the notice thereof shall be published in the incorporated city or town in said county containing the largest poimlation as ascertained and established by the last preceding census taken under the authority of the congress of the United States or of the legislature of California. And if there be no such newspaper so published in said last described city, then in the nearest incorporated city or town where such a newspaper Js so printed and published. This notice shall contain a description of tlie territory proposed to be annexed the same as provided for in section eight of thi.s act for the notice to be given to the district referred to in Haid section eight. So far as jjossible, the notices to be published to the county of San Mateo and to the district proposed to be annexed to the city and county of San Francisco shall be consolidated in one notice. And furtlier, so far as jxjssible the election jjreeincts and polling places 1213 SAN FRANCISCO. Act 3348b, §^ 11, 12 and election officers for both the county and the district election shall be identical. § 11. Returns sent to supervisors of San Mateo county. The judges and inspectors of such elections in said county of San Mateo and in said district so proposed to be annexed, for each polling place, shall imme- diately, upon the closing of the polls, count the ballots, make up, certify and seal the ballots and tally sheets of the ballots cast at their respective polling places, doing so as nearly as practicable in the manner provided in the laws of this state relating to general elections and they shall thereupon deliver the ballots, tally sheets and returns to and deposit the same with the clerk of the said board of supervisors of the county of San Mateo. § 12. Canvass of returns. Returns sent to board of supervisors of San Francisco. Returns sent to secretary of states Such board of supervisors of the county of San Mateo shall at the time provided for its regular meeting next after the expiration of ten days from and after the date of said elections meet and proceed to canvass said returns, and said can- vass shall be completed at such meeting, if practicable, and in any event, as soon as practicable, avoiding adjournment or adjournments until said canvass is completed. The said board of supervisors shall so canvass the returns of any such election held in the county to determine whether the county will permit the withdrawal therefrom of any territory, and likewise the returns of any such election held in any such district. Immediately upon the completion of such canvass such canvassing body shall cause a record thereof to be made and entered upon its minutes stating the proposals submitted and showing: first, the whole number of votes cast on the proposal submitted to the county of San Mateo, the number of votes cast therein in favor of such proposal and the number of votes cast therein against such proposal; and second, the whole number of votes cast on the proposal submitted to the district proposed to be annexed, the number '•of votes cast therein in favor of such proposal and the number of votes cast therein against such proposal. The clerk or other officer performing the duties of clerk of such canvassing body shall promptly, and within ten days of the completion of such canvass by said body, make and certify under the seal thereof, and transmit to the board of supervisors of the city and county of San Francisco a copy of the records of the canvass of the returns of the elections so can- vassed by said canvassing body, together with a statement showing the date of such elections, and the time and the result of the canvass of the returns of such elections, and containing a description of such dis- trict so proposed to be annexed, by naming the incorporated cities or towns in said district and also the unincorporated territory in said dis- trict, as said incorporated cities or towns and unincorporated territory were described in the election notice as provided for in this act for the elections held in said district. And if it shall appear, from a canvass of the retui'us of the election held in the county of San Mateo or of the election held in the district so proposed to be annexed, that a major- ity of the qualified electors voting on such proposal voted in favor thereof, either in such county, or in such district proposed to be annexed, the said Act 3348b, §§ 13, 14 general laws. 1214 clerk or other officer performing the duties of clerk of such body so canvassing such returns shall also, promptly, and within said ten days, make and certify, under the seal thereof, and transmit to the secretary of state of the state of California, a like copy of the record of the canvass of said returns, together with a like statement showing the date of such election, and the time and the result of the canvass of 'the returns of such election, and containing a like description of such dis- trict. Said document shall be filed by the secretary of state immediately upon receipt thereof. § 13. Proposal submitted in city and county of San Francisco. If it shall appear from a canvass of the returns of such elections that a majority of the qualified electors of such district, and also a majority of the qualified electors of such county of San Mateo voting on the question of such annexation are in favor of such annexation, the said proposal of annexation shall be, by the board of supervisors of said city and county of San Francisco submitted to the electors of said city and county. The said board of supervisors of the said city and county of San Francisco shall submit a proposal to the voters of the said city and county substantially in the following form: "Shall the territory (herein designate in general terms the territory to be annexed) consolidate with the city and county of San Francisco in a consolidated city the county government, said consolidation to take effect (herein insert date when such* consolidation shall take effect) and shall the said annexed terri- tory become subject to taxation, as an integral part of the city and county so formed, in accordance with the assessable valuation of the property of said territory for the following indebtedness of said city and county of San Francisco, to wit: (herein insert in general terms, reference to any debts to be assumed, and if none, insert 'None') — 'Yes,' " and "Shall the territory (herein designate in general terms the territory to be annexed) consolidate with the city and county of San Francisco in a consolidated city and county government, said consolidation to take effect (herein insert date when such consolidation shall take effect) and shall the said annexed territory become subject to taxation, as an integral part of the city and county so formed, in accordance with the assessable valuation of the property of said territory for the following indebtedness of said city and county of San Francisco, (herein insert in general terms, reference to any debts to be assumed, and if none, insert 'None') — 'No.' " There shall be a voting square to the right of and opposite each such proposition. If au elector shall stamp a cross (X) in the voting square after the printed word "Yes" the vote of such elector shall be counted in favor of the said proposal, and if an elector shall stani]) a cross (X) in the voting square after the printed word "No" the vote of such elector shall be counted against such proposal. § 14. Manner of submitting question. Description of territory and. debts. Tlic iniuiiicr to be followed by the board of su]>ervisors of the said cHy ;iiiil cdiitily of San Francisco in the submission of said question and tlif lioMing of said election, their establishnuMit of election precincts, ami llicir !i|ipointm('iit of election officers, ami llic jiublieation in said city and i-ouiiiv of iioti<'e of sucli election shall be substantiallv the 1215 SAN FRANCISCO. Act 3348b, §§ 15-17 same as that set forth in sections two and eight of this act for the sub- mission of an annexation proposal to any incorporated, city or town and to any district as provided for in this act. The notice required to be published shall include a particular description of any district so pro- posed to be annexed, together with a particular description of any debts to be assumed by such district, the same as provided for in section eight of this act for the notice to be given to the district referred to in said section eight. Said election in said city and county of San Francisco may, in the discretion of the board of supervisors thereof, be held at the same time as the elections held in said district and in said county of San Mateo. § 15. Use of general election laws. The ballots used in any elections provided for in this act, the opening and closing of the polls, and the holding and conducting of such elections, shall be in conformity, as nearly as may be, with the laws of this state concerning general elec- tions, except as herein otherwise provided. § 16. Annexation completed. Indebtedness assumed. Upon the ap- proval of any such annexation proposal by the electors of said city and county of San Francisco as shown by a canvass of the returns thereof, and the certification of said returns to the secretary of state^ said cer- tification being made in the same manner as provided in section twelve of this act, the secretary of state shall file the document certified to him by the clerk of the canvassing body of the city and county of San Francisco, in his office immediately upon the receipt thereof. The secre- tary of state having so filed said document in his office, then, from and after the date prescribed in the proposal so submitted at said elections, the annexation of such district so proposed to be annexed, as described therein, shall be deemed to be and shall be complete and thenceforth such annexed district shall be to all intents and purposes a part of such city and county of San Francisco. And from and after said date the indebtedness so referred to in said proposal shall be deemed to have been assumed and upon the said date stated in said annexation proposal such district and such city and county of San Francisco shall be and become one consolidated city and county to be governed by the charter of the city and county of San Francisco and any amendment or amend- ments thereto. § 17. Submission of new charter or amendments. Borough govern- ment. Separate propositions. Controlling proposition. In any such sub- mission of any proposal to the electors of any incorporated city or town, or of any district proposed to be annexed to the city and county of San Francisco, or to the electors of said city and county of San Fran- cisco, as provided for in this act, there may be included a condition that any such proposed annexation shall be effected only upon the ratification by the electors of said incorporated city or town, and of said district, and of said city and county of San Francisco, at the same election at which such annexation proposal is submitted to such electors of said incorporated city or town, or district, or city and county of San Fran- cisco, of any proposed new charter for said city and county of San Act 3348b, §§ 18, 19 general laws. 1216 Francisco, or of any proposed amendment or amendments to an existing charter of said city and county of San Francisco, which new charter or amendment or amendments to an existing charter may include pro- v'isions for borough government for all or any portion or portions of any territory proposed to be annexed; and also that such proposed annexation shall be effected only upon the final approval by the legislature of such new charter or such amendment or amendments to an existing charter of the city and county of San Francisco. In submitting any such proposed new charter or such amendment or amendments to an existing charter, at the elections in the incorporated cities or towns, for the ratification of the electors of any of such cities or towns, separate propositions, whether alternative or conflicting, or one included within the other, may be submitted at the same time to be voted on by the electors separately in any one or more of such cities or towns. As between those so related, if more than one receive a major- ity of the votes of any such city or town, the proposition receiving the larger number of votes shall control as to all matters in conflict. § 18. Vote on assumption of indebtedness. No property in any ter- ritory annexed to said city and county of San Francisco as provided for in this act, shall be taxed for the payment of any indebtedness of such city and county outstanding at the date of such annexation and for the payment of which the property in such territory was not, prior to such annexation, subject to such taxation, unless there shall have been sub- mitted to the qualified electors of such territory the proposition regarding the assumption of indebtedness, as provided for in this act, and the same shall have been approved by a majority of such electors voting thereon, as provided for in this act. § 19. Description of debts. The particular description of any debts to be assumed by any such annexed territory and which particular de- scription shall be published, as in this act provided for, shall distinctly state that the property of such annexed territory shall, after such annexa- tion, be subject to taxation as an integral part of the city and county formed under this act, along with the entire territory of the proposed city and county, in accordance with the assessable valuation of the property of said annexed territory and equally with property within such annexing city and county, to pay any bonded indebtedness of any such annexing city and county outstanding at the date of said annexa- tion or any indebtedness theretofore authorized and to be represented \ty bonds of sucii annexing city and county thereafter to be issued, or any other indebtedness of said annexing city and county, which indebt- edness it is proposed sliall be so borne by the said property so annexed. The said notice shall, in addition, distinctly specify the improvement or improvements, or other jmrposc for which the indebtedness was so incurred or authorized and state the amount or amounts of such indebt- edness already incnrred outstanding at the date of the first publication of said notice and tin' .■iminint or amounts of such indebtedness there- lofore authorized and to lie icpresciited by bonds thereafter to be issued and the maximum rate of interest payable or to be payable on such indebtedness. 1217 SAN FRANCISCO. Act :3;U81), §§ 20, 21 §20. Government of unannexed territory. Duty of legislature. Tn tlie event of any election as in this act provided for at which there shall" he submitted a proposal for the annexation of any territory to the city and county of 8an Francisco, which annexation will result in the leavinjr of a portion or portions of the county of San Mateo unannexed to said city and county of San Francisco, then any notice of election or election ballot as provided for in this act shall state that the said annexation and consolidation sliall not take effect until the legislature of tlie state shall have, according to law, provided for the government of any such l)ortion or portions of any such county of San Mateo so remaining and not annexed to said city and county of San Francisco. It shall be the mandatory duty ol the legislature, at the first session following any suc^ final election, in the event of the approval of such annexation pro- l)0sal at such election, or if the legislature be then in session then at such session, to so provide for the government of any such portion or portions of such county of San Mateo so remaining and not annexed to such city and county of San Francisco. Upon such provision being made by the legislature, and upon its finally becoming effective, and upon the said annexation otherwise becoming effective, then the said annexation to such city and county of San Francisco shall be deemed complete and in full force and effect. § 21. Legislature to determine proportion of debts and liabilities. Com- mission to advise legislature. Expenses charged to city and county of San Francisco. At the session of the legislature next after the final con- summation of such annexation as herein provided for, or if the legislature is in session at the time of such final consummation then at such session of the legislature, the legislature shall determine the just proportion of the debts and liabilities of the county of San Mateo for which the city and county of San Francisco shall be liable, and the just proportion of the property and assets of such county of San Mateo to which such city and county of San Francisco shall be entitled, as existing at the time that any territory less than the whole of said San Mateo county is taken from such county of San Mateo as a result of any annexation as in this act provided for. The governor of the state shall appoint a commission of three persons; one, a qualified elector of the city and county of San Francisco; one, a qualified elector of the unannexed ter- ritory, and one, a qualified elector of some territory other than said annexing city and county and other than such unannexed territory, for the purpose of rendering a report to the legislature in order to advise the legislature; first, upon the proper provision for the government of any portion or portions of such unannexed territory; and, second, upon the proper determination of the just proportion of the deVjts and liabilities of the county of San Mateo for which such city and county shall bs liable, and of the just proportion of the property and assets of such county of San Mateo to which such city and county shall be entitled, as so existing at the time that any territory is so taken ffom such county of San Mateo as a result of any such annexation as in this act provided. The actual necessary expenses of said commission, and compensation for their services at the rate of ten dollars per day for each day of actual 77 Act 3348b, § 22 general laws. 1218 service by each of said commissioners, sliall upon a demand therefor being sworn to and presented to the legislative body of the city and county of San Francisco be a proper and legal charge against the treasury of said city and county. The final annexation and incorporation of said addi- tional territory as a part of said consolidated city and county shall be deemed completed upon following of the procedure hereinabove in this act set forth, and it shall not be deemed necessary to await the said action of the legislature with. reference to the adjustment of debts and liabilities and property and assets in this section provided for prior to said consolidation being final and complete. § 22. County, cities, and governmental agencies dissolved. Charters amiulled. Offices surrendered. Superior court. Property, debt and lia- bility. Upon the completion of the annexation of any such territory to the city and county of San Fi-ancisco as provided for under the pro- visions of this act, the county of San Mateo, if the whole of said county be annexed, and each and every incorporated city or town, or govern- mental agency of any character, so annexed, shall ipso facto be deemed to be and shall be dissolved and disincorporated, and any freeholders' charter thereof shall be deemed to be and shall be surrendered and annulled and such county of San Mateo and any such incorporated cities or towns or governmental agencies, shall be deemed to be and shall be merged in said city and county of San Francisco and shall be thereafter governed in the name of and under the freeholders' charter of and as a part of such city and county of San Francisco or under any amend- ment or amendments to such charter. Upon the final completion of any annexation as provided for in this act all persons then occupying or possessing the several offices of or under the government of such county of San Mateo or of such incorporated cities or towns, or such govern- mental agencies, or unincorporated territory so annexed, shall imme- diately quit and surrender the occupancy or possession of said offices, which shall thereupon cease and terminate and they shall severally forth- with deliver all moneys, funds, books, papers, archives and records in their custody and all other property of such county, incorporated city or town, governmental agency, or unincorporated territory in their hands or under their control, to the proper officers of the city and county of San Francisco; provided, however, that if any portion of said county of San Mateo shall be left unannoxed to said city and county of San Francisco that the disposition of such moneys, funds, books, papers, archives and records so in the custody of such officers of said county of San Mateo, or of unincorporated territory so annexed, shall be deter- mined by the legislature in its final action on the government of such unannexed territory as in this act provided for. Any regularly consti- tuted superior court of this state existing at the time of such annexa- tion, within such county of San Mateo or within such incorporated city or town, or unincorporated territory, so annexed, shall upon the consoli- dation of said jtorritory as a part of said city and county of San Fran- cisco under the terms of this act, become a regularly constituted superior court of the state in and for said city and county of San Francisco, and any person or persons so occupying the position of superior judge in 1219 SAN FRANCISCO. Act 3348b, § 23 any such annexed territory shall continue to occupy said position, as judge or judges of the superior court o'f the state in and for said city and county of San Francisco to the end of the term of office for which lie or they may have been elected or appointed, With the same salary as theretofore attached to said position, and thereafter such position shall continue to be filled as provided by law, and at the same salary as fixed by law for the judges of the superior court in and for said city and county of San Francisco. Upon completion of any annexation, as provided for in this act, of the county of San Mateo or of any incorporated city or town, or of any unincorporated territory, or governmental agency, the property, debts and liabilities of every description of said county, or incorporated city or town, or of anj"- unincorporated territory, or governmental agency, shall be and become the property, debts and liabilities of such newly consolidated city and county of San Francisco. § 23. Debts, etc., in San Mateo county, cities, etc., not affected. Or- dinances repealed. Pending cases transferred. Street proceedings con- tinued. Any annexation provided for under the provisions of this act shall not affect any debts, demands, liabilities or obligations of any kind existing in favor of or against such county of San Mateo or such, incorporated cities or towns, or such governmental agencies, so annexed, at the time of such annexation, or any action or proceeding then pend- ing 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 such county, incorporated cities or towns or such govern- mental agencies, prior to such' annexation, but all of such actions a,nd proceedings shall be continued and concluded to final judgment or other- wise in all respects the same as if such annexation had not been effected; provided, howevei", that any such debt, demand, liability or obligation, in favor of or against such county, incorporated cities or towns, or such governmental agencies, so annexed shall, upon such annexation, be and become such a debt, demand, liability or obligation in favor of or against such newly consolidated city and county of San Francisco. All ordin- ances or resolutions of such county of San Mateo or of any such incor- porated cities or towns, or such governmental agencies, so annexed under the provisions of this act,, shall immediately upon such annexation becom- ing effective, 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 liability, civil or criminal, then existing, nor affect any pl-osecution then pending for any violation of any such ordinances, or resolutions, and all cases then pending in any justice's court, police court or e'ourt of any recorder or other judicial municipal magistrate or officer of such county, incorporated cities or towns, or such governmental agencies, so annexed shall, upon such annexation becoming effective, ipso facto, be deemed to be and be transferred to the justices' court, police court or other judicial municipal magistrate or officer of such city and countj' of San Francisco which has jurisdiction of proceedings or misde- meanors or of other actions civil or criminal of the character so trans- ferred; provided, further, that such repeal shall not apply to ordinances or resolutions, under which vested rights have accrued or to ordinances Act 3348b, §§24^27 general laws. 1220 or resolutions relating to proceedings for street or other public improve- ments, or to proceedings for improving, opening, extending, widening or straightening of streets or other public places, or to proceedings for changing the grade thereof, all of which proceedings shall be continued and conducted by and under the authority of the newly consolidated city and county of San Francisco with the same force and effect as if continued and conducted by and under the authority of the county of San Mateo or of any incorporated city or town by which they were com- menced, and all ordinances and resolutions of said city and county of San Francisco shall, upon the completion of such annexation, ipso facto, have full force and effect in and throughout the said annexed territory. § 24. Taxes levied but not collected property of San Francisco. Con- dition. In the event that a tax for county purposes has been levied by the board of supervisors of the county of San Mateo or has been so levied for the purposes of any political subdivision, either by such board of supervisors or by any legislative body of any incorporated city or town, or other governmental agency, against property situated in ter- ritory w^hich, subsequent to such levy, is annexed to said city and county of San Fi'aiicisco 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 city and county of San Francisco; provided, however, that any such taxes which have been levied against the property of any district, for the purposes of such district, must be expended for the benefit of any territory so annexed and included in such a district, in accordance with the purposes of the levy of said tax. This section shall also apply to all such taxes not paid into the county treasury or any treasury of any incorporated city or town, or other political subdivision or governmental agency, prior to the taking effect of this act. § 25. Districts unchanged. Nothing in this act shall alter or affect the bouiularies of any senatorial or assembly district, or of any con- gressional district. § 26. Expenses paid by city and county of San Francisco. All proper expenses of proceedings for annexation of territory to the city and county of San Francisco under this act shall, in the first instance, be paid by such city and county; provided, that if such annexation be not finally completed, then the expenses for such election incurred in any city or town or district which shall have voted in favor of said annexation, (ir ill the county of San Mateo if said county shall have so vote(5, shall lie returned to the said city and county of San Francisco by such city, town, or county holding such election. §27. Duties performed by other than prescribed officials. With ref- erence to any duties prescrii)ed in tliis act to be performed by the legis- lative body or any other board, officer or department of the county of San Mateo or any incorporated city or town so proposed to be annexed under the terms of this act, or of said city and county of San Francisco, if tlic charter of any such incorporated city or town or of said city and counly of San I^'rancisco, or any law, imposes such duties upon any 1221 SAN FKAN CISCO. Act 3348b, §§ 28--32 other board, officer or department of said county of San Mateo or of said incorporated city or town or of said city and county of San Fran- cisco, as, ufjon a board of election commissioners or registrar of voters of said county of San Mateo, or of sucli incorporated city or town, or of said city and county of San Francisco, tlien such duties shall be so jierformed by such other board, oflieer or do2)artinent upon wliich such duties are so imposed. §28. Time for election. Any election provided for in this act may be held at a special election or at any general election. §29. "Grovemmental agency" defined. The term "governmental agency" as used in this act shall be construed to include school districts, lighting districts, sanitary districts, or any other districts organized or authorized by law, of a special or quasi-municipal character. § 30. Constitutionality. If any section of this act other than section thirty-one thereof, or if any subsection, sentence, clause or phrase other than in said section thirty-one contained, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remain- ing portions of this act. If, however, said section thirty-one, or any subsection, sentence, clause or phrase in said section thirty-one contained, is for any reason held to be unconstitutional or inoperative, then in that event the validity of all of the remaining portions of this act shall be deemed affected and invalidated thereby. The legislature hereby de- clares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections other than said section thirty-one or any one or more subsections, sentences, clauses, or phrases other than in said sec- tion thirty-one contained, are declared unconstitutional. Furthermore, this legislature declares that it would not have passed this act, either in whole or in part, unless said section thirty-one was included and incorporated therein and made a part thereof, and it hereby further de- clares said section thirty-one, and every subsection, sentence, clause and phrase in said section thirty-one contained, to be a substantial and integral part of said act. § 31. Approval of constitutional amendment necessary. This act shall take etfect upon, and only in event of, the ratification and approval by the people of the state of assembly constitutional amendment number two, being a resolution to propose to the people of the state of California to amend section eight and one-half of article eleven of the constitution of the state, relating to city charters and to provisions therein for municipal courts, submitted by the forty-second session of the legislature; and not otherwise. §32. Title. This act may be designated and referred to as the "San Francisco-San Mateo Consolidation Act." Acts 3348c, 3348d, § 1 general laws. 1222 ACT 3348c, An act to jjrovide for the establishment of passenger transportation facilities upon The Embarcadero, in the city and county of San Francisco. [Approved May 17, 1917. Stats. 1917, p. 585. In effect July 27, 1917.] § 1. Harbor commissioners may maintain passenger service on state railroad. The board of state harbor commissioners may when in its judgment the wants of commerce of the port of San Francisco requires, maintain passenger service upon the state railroad located upon The Embarcadero in the city and county of San Francisco; provided, that said board may make such further extensions of said service through, over, under and above lands within its jurisdiction, and through, over, under and above the waterfront as defined by section two thousand five hundred twenty-four of the Political Code, as said board may determine are demanded' by public convenience and necessity; and provided, fur- ther, that if the establishment and maintenance of said passenger ser vice upon such railroad shall, after careful investigation, be found by said board of state harbor commissioners to be impracticablSf or not feasible, such board may establish or maintain such other passenger service or the means, facilities, or modern street improvement by which or over which such other passenger service can be operated and main- tained by said board, or by other persons, firms, associations, or cor- porations thereunto authorized by said board. § 2. Acquiring facilities for passenger traflac. Said board of state harbor commissioners shall have power to acquire and furnish such facil- ities as are reasonable and necessary for the accommodation of pas- senger traffic upon said Embarcadero. § 3. Charges. Charges for carriage by said passenger service shall be made, fixed or determined by the state board of harbor commissioners; provided, however, that such charges shall not be greater than shall be necessary for the obtaining of sufficient revenue which, in connection with the other revenues of the port of San Francisco, shall be necessary for the maintenance of the commerce of the port iueluding the main- tenance of said passenger service. § 4. Added powers. The state board of harbor commissioners may obtain such added powers under existing licenses, grounds, permits or easements, or such future licenses, grounds, permits or easonicnts, as may be necessary to secure the fulfillment of thi^ object of this act. ACT 3348d. An act to aulliorizc the board of state harbor commissioners to acquire by purchase, condemnation, gift, grant or cession, certain property in the city and county of San Francisco, including Mission Eock. and extending the jurisdiction of said board over the same, and I)roviding for the jiaymont for the same. [Ai)proved May 17, 1917. Stafs. 1917, p. i\2ry. In effect -Tuly 27. 1917.] § 1. Board of state harbor commissioners authorized to acquire certain property. For the purpose of acquiring additional area for the construe- 1223 SAN FRANCISCO. Act 3348d, §§ 2-5 tion of docks, wharves, slips aud piers and increasing the harbor facil- ities on the waterfront of the city aud county of San Francisco, the board of state harbor commissioners is hereby authorized and empow- ered to acquire, when in its discretion it is deemed for the best interests of the harbor, by purchase, condemnation, gift, grant or cession, for and on behalf of the state of California, all that certain tract or parcel of land situated in the city and county of San Francisco, state of Cali- fornia, and particularly described as follows, to wit: Commencing at a point in the bay of San Francisco, distant three thousand five hundred seventy feet southeasterly from the southerly corner of Brannan and Second streets, as the same are laid down on the official map of said city, said distance being measured along the extension southeasterly of the southwesterly line of Second street; thence in a southwesterly direc- tion, at right angles with said line of Second street extended, five hun- dred feet; thence at right angles southeasterly eight hundred feet; tlience at right angles northeasterly eight hundred feet; thence at right angles northwesterly eight hundred feet; and thence at right angles southwesterly three hundred feet, to the point of commencement; said tract of land being a square, including the rock known as Mission Rock, together with the wharves and other improvements thereupon and the appurtenances thereunto belonging. §2. Jurisdiction extended. The jurisdiction of said board shall be and it is herebj' extended so as to include all of the land described in section one of this act. § 3. How acciuired. Tlie portion of said tract that is held in private ownership may be separately acquired by said board, and the portions that are owned by the United States of America may be separately acquired by said board, and said board is hereby authorized to accept from the United States a cession or gift or grant of said last-named portions, if the same can be obtained, or to acquire the same by purchase or condemnation, in its discretion. § i. Action for condemnation. The board of state harbor commis- sioners may institute any action or actions that may be necessary, and prosecute the same to final judgment, for the condemnation of any por- tion, or portions, of the said tract of land, and the purposes herein mentioned are hereby declared to be a public use, in behalf of which the right of eminent domain may be exercised by the board of state harbor commissioners for and in the name of the people of the state of California, for the estates and rights specified in, and in the manner provided in part three, title seven of the Code of Civil Procedure of the state of California. § 5. Price payable from what funds. The board of state harbor com- missioners is hereby authorized to pay the purchase price thereof, or any judgment rendered in pursuance hereof in such condemnation pro- ceedings, by drafts drawn upon the controller of the state, who shall draw his warrant or warrants therefor on the state treasurer, payable out of any money in the state treasury to the credit of the "San Fran- Acts 3417-3527, § 1 general laws. 1224 Cisco harbor improvement fund" or of the "Third Sau Francisco seawall fund," or partly from one and partly from the other of said fiiiuls, in the discretion of said board of state harbor commissioners. TITLE 483. SAN LUIS OBISPO, TOWN OF. ACT 3il7. Charter of. [Stats. 1911, p. 1699.] Amended 1913; Stats. 1913, p. 1167; 1917, Stats. 1917, p. 194i. TITLE 486. SAN EAFAEL. ACT 3446. Charter of. [Stats. 1913, p. 1549.] Amended 1917; Stats. 1917, pp. 1905, 1967. TITLE 487. SANTA BAEBAEA CITY. ACT 3448. Charter of. [Stats. 1917, p. 1824.] TITLE 493. SANTA MONICA. ACT 3527. An act gjranting certain tide-lands and submerged lands of the state of California to the city of Santa Monica upon certain trusts and con- ditions. [Approved April 10, 1917. Stats. 1917, p. 90. In effect July 27, 1917.] § 1. Tide-land granted to Santa Monica. There is hereby granted to the city of Santa Monica, a municipal corporation of the state of Cali- fornia, and to its successors, all the right, title and interest of the state of California, held by said state by virtue of its sovereignty, in and to all the tide-lands and submerged lands, within the present boundaries of said city, and situated below the line of mean high tide of the Pacific Ocean, to be forever held by said city, and by its successors, in trust for the uses and pur|)oses, and u\H)n the express conditions following, to wit: (;i) Purposes for which land may be used. Term of franchises and leases. Said lands shall lie used by said I'ity and by its successors, solely IDr the establisliment, imjfrovement and conduct of a harbor and for the cstablislimont and construction of bulkheads or breakwaters for the |iriit<'cti(m of lands wifliin ils Ixiundaries, or for the protection of its li.irljor, and lor the consi nicl inn, maintenance and operation thereon of wharves, docks, jiicrs, slips, quays, and other utilities, structures and !i |i]dian('('s n('C(!ssary or convenient for the juomotion or accommodation of commerce and navigation, and the jirotection of the lands within said city, and said city, or its successors, shall not, at any time, grant, convoy, 1225 SANTA ROSA— SCHOOLS. Acts 3528, 3585h, 5^ 3 give or alien said lands, or auy part thereof, to any individual, firm or corporation for anj' purpose whatsoever; provided, that said city, or its successors, may grant franchises thereon, for a period not exceed- ing twenty -live years, for wharves and other public uses and purposes, and may lease said lands, or any part thereof for a period not exceeding twenty-five years, for purposes consistent with the trusts upon which said lands are held by the state of California and with the requirements of commerce or navigation at said liarbor; (b) Harbor improved without expense to state. SaiubliHhcr, for his vote or promise to vote, or for the use of his iiiflu(!nce for the adoption of any school text-books; provided, that noth- 1233 SCHOOL!^. Act 35861, § § 1-3 iug in this section shall be construed to prevent any person, publisher, or publisher's agent from lending one sample copy of any school text- book to any member of a high school board or school official for examina- tion of such books or books before the adoption of books, as provided for in this act, and nothing shall be construed to prevent such a mem- ber of a high school board or school official from receiving such sample copies; provided, that all copies of text-books so received shall be re- turned within thirty days after the adoption of text-books in the subject or subjects by the high school board. § 11. Penalty. Any publisher of school text-books, or agent of such publisher, or any member of any high school board or public school official in the state of California, who violates any of the provisions of this act, on conviction thereof, shall be punished as for a misdemeanor; and any member of a high school board or public school official shall, in addition, be removed from his official position. ACT 35861. An act to provide for the organization and supervision of courses in physical education in the elementary, secondary and normal schools of the state, and appropriating ten thousand dollars therefor. [Approved May 26, 1917. Stats. 1917, p. 1176. In effect July 27, 1917.] § 1. Courses of physical education. The board of education of each county, city and county, an-T city, whose duty it is to prescribe the course of study for the elementary schools of such county, city and county or city, shall prescribe suitable courses of physical education in accordance with the provisions of this act for all pupils enrolled in the day elemen- tary schools, except pupils who may be excused from such training on account of physical disability; and the high school board of each high school district shall prescribe suitable courses of physical education in accordance -with the provisions of this act for all pupils enrolled in the day high schools of such district, except pupils regularly enrolled in high school cadet companies and pupils who may be excused from such courses on account of physical disability. §2. Purposes of courses. The aims and purposes of the courses of physical education established under the provisions of this act shall be as follows: (1) To develop organic vigor, provide neuromuscular train- ing, promote bodily and mental poise, correct postural defects, secure the more advanced forms of co-ordination, strength and endurance, and to promote such desirable moral and social equalities as appreciation of the value of co-operation, self-subordination and obedience to authority, and higher ideals, courage and wholesome interest in truly recreational ac- tivities; (2) to promote ti hygienic school and home life, secure scientific supervision of the sanitation of school buiblings, playgrounds and athletic fields, and the equipment thereof. §3. Enforcement of courses. It shall be the duty of the superin- tendent of schools of every county, city and county, or city, and of every 78 Act 35861, §§ 4-7 general laws. 1234 board of education, board of school trustees, or high school board, to enforce the courses of physical education prescribed by the proper authority, and to require that such physical education be given in the schools under their jurisdiction or control. All pupils enrolled in the elementary schools, except pupils excused therefrom in accordance with the provisions of this act, shall be required to attend upon such courses of physical education during periods which shall average twenty minutes in each school day, and all pupils enrolled in the secondary schools, ex- cept pupils excused therefrom in accordance with the provisions of this act, shall be required to attend upon such courses of physical education for at least two hours each week that school is in session. § 4. Supervisor and. special teachers. When the number of pupils in any city or city and county or school district is sufficient, such city or city and county or school district shall employ a competent supervisor and such special teachers of physical education as may be necessary. The trustees of two or more contiguous elementary school districts, or the trustees of one or more elementary school districts and the high school board of the high school district in which such elementary school district or districts are situated, may by written agreement join in the employment of a competent teacher of physical education for such dis- tricts, and the salary of such teacher and the expenses incurred on account of such instruction shall be apportioned as the school board concerned may agree. § 5. Courses in normal schools. The state board of education, in standardizing the courses of instruction oifered in the several normal schools of the state, shall prescribe a course in physical education and shall make the completion of such course a requirement for graduation. § 6. Duty of state board of education. It shall be the duty of the state board of education: (1) to adopt such rules and regulations as it may deem necessary and proper to secure the establishment of courses in physical education in the elementary and secondary schools in accord- ance with the provisions of this act; (2) to appoint a state supervisor of physical education whose duties are hereinafter defined; (3) to com- pile or cause to be compiled and printed, a manual in physical education for distribution to teachers in the public schools of the state. § 7. State supervisor of physical education. Salary. Expenses. The supervisor of physical education appointed under the provisions of this act, shall be experienced in the supervision of physical education in pub- lic schools. He shall not be subject to the provisions of any civil service law of the state. He shall exercise general supervision over the courses of physical education in elementary and secondary schools of the state; shall exercise general control over all athletic activities of the public schools; shall advise school officials, school boards and teachers in mat- ters of physical education; shall visit and investigate the work in physi- cal education in the public schools and shall perform such other duties as may be assigned to liim by the state board of education. He shall receive a salary not exceeding throe thousand six hundred dollars per annum, as fixed by the state board of education, payable at the same 1235 SCHOOLS. Acts 3586J, 3586k, § 1 time and in the same manner as the salaries of other state oflScers arc payable. He shall also receive his actual and necessary traveling ex- penses while on official business. The state board of education may within the limits of the appropriation hereinafter provided, employ such expert and clerical assistance as may be necessary to carry out the provisions of this act. § 8. Appropriation. The sum of ten thousand dollars is hereby appro- priated out of any moneys belonging to the state not otherwise appro- priated to defray the expenses of the state board of education in carrying out the provisions of this act, during the sixty-ninth and seventieth fiscal years. ACT 3586J. An act relating to the employment of janitors and employees of certain school districts. [Approved May 17, 1917. Stats. 1917, p. 645. In effect July 27, 1917.] § 1. Employment of janitors and employees. In any school district situated wholly within the boundaries of a city of the first class the janitors and other employees of such school district shall be employed in the same manner and under the same conditions as teacRers are em- ployed by such district and when so employed shall be removed only for cause and after charges have been filed and heard by the board of edu- cation. All such employees who have been in the service of any such school district continuously for a period of one year prior to the effective date of this act shall be deemed to have been so employed. The board of education shall have full power to make and enforce all necessary rules and regulations to carry out these provisions. ACT 3586k. An act empowering the state board of education to order the closing from time to time of educational institutions during the continuance of a state of war. [Approved May 5, 1917. Stats. 1917, p. 282. In effect immediately.] § 1. State board of education may close educational institutions. Salary of teacher. During the continuance of a state of war between the United States of America and any foreign power, the state board of education, with the approval of the governor, shall have power, when- ever in the opinion of a majority of its members such step is necessary for the planting or harvesting of crops or for other agricultural or horticultural purposes and is for the welfare of the state, to make an order closing, for such time as may be specified therein, any or all educa- tional institutions supported wholly or in part by the state, or any grade or class thereof, and may, in like manner, by similar order, postpone the opening of any or all such educational institutions, or any grade or class thereof, during the continuance of a state of war; provided, how- ever, that the annual school term shall not be reduced to less than six school months under the provisions of this act; and provided, further. Act 3586 1, §§ 1, 2 GENERAL LAWS. 1236 that wlienever any sucli educational institution is closed, or the opening thereof is delayed, under the provisions of this act, the salary of any teacher regularly employed shall be paid according to any written con- tract between the governing board of such educational institution and such teacher, or in case there is no written contract, according to any (salary schedule adopted by such board. In case there is neither such contract nor salary schedule, the total salary paid for any school year in which such order is made shall not be less than the salarj^ paid by the governing board of sucli institution for similar service during the preceding school year. It is further provided that nothing herein con- tained shall in any manner affect the amount of money apj^ortioned to any school district during any school year. § 2. Application of order. Such an order issued under the provisions of section one hereof may be made applicable to such district, city, city and county, county or group of any thereof as the state board of edu- cation may determine and specify therein, and may be altered, amended or rescinded from time to time. § 3. Urgency measure. Inasmuch as the United States is now in- volved in war, this act is hereby determined and declared to be an urgency measure necessary for the immediate preservation of the public peace and safety, within the meaning of section one of article four of the constitution and shall take effect immediately. ACT 35861. An act to accept the provisions and benefits of an act passed by the senate and house, of representatives of the United States of America in congress assembled and approved February twenty-third, nine- teen hundred seventeen, to provide for the promotion of vocational education; to create a vocational education fund and making an appropriation therefor. [Approved May 31, 1917. Stats. 1917, p. 13S7.] § 1. Provisions of federal vocational education act accepted. Accept- ance of benefits of federal vocational education act. The people of the state of California do liereby accoi)t the provisions of, and each and all of the funds provided by, an act passed by the senate and house of repre- sentatives of the United States of America in congress assembled, en- titled "An act to provide for the promotion of vocational education; to provide for co-operation with tlie states in the promotion of such education in agriculture and the trades and industries; to provide for (•o-o[.oratioii witli tlio stiites in the preparation of teachers of vocational suljjects; and to appro[)riate money and regulate its expenditure," and approved by the ])resideiit February twenty-third, nineteen hundred Hcventeen. In accepting the benefits of said act the people of the state of California agree to comply with all of its provisions and to observe all of its requirements. § '2. Powers of state board of education. The state board of educa- tion is hereby (IcsiHiinled as the state board to carry out the purposes and tiic, provisions of said act, and is hereby-given all necessary power 1237 SHASTA COUNT V. Act 3608, § 1 and authority to co-operate with the federal board for vocational edu- cation in the administration of the provis^ions of the federal act and of this act. § 3. Duty of state treasurer. Vocational education fund. The state treasurer, as required by said federal act, is hereby made custodian of all federal funds received by the state of California under the pro- visions of that act. He is also hereby made custodian of all state funds appropriated in this act for the purpose of co-operating with the federal government in the promotion of vocational education. He is hereby, authorized to receive and provide for the proper custody of all moneys provided under the provisions of this act and the above-mentioned federal aot. It shall be the duty of the state treasurer, upon receivinj^ any apportionment of funds from the federal government on account of the vocational education fund, to report the same immediately, with the amount thereof, to the state controller and the state board of education and deposit the same to the credit of the "vocational education fund," which fund is hereby created. Thereupon the state controller and the state treasurer shall transfer from the general fund of the state to the vocational education fund an amount which shall equal the amount appor- tioned to the state of California under the provisions of the federal act mentioned in this act. The moneys so transferred into the vocational education fund are hereby appropriated without reference to fiscal years for the purpose of co-operating with the federal government in promot- ing vocational education in this state and are exempt from the provisions of part three, title one, chapter three, article eighteen, of the Political Code, relating to the state board of control. The moneys constituting the vocational education fund shall be paid out by the state treasurer on warrants drawn by the controller as requisitioned by the state board of education in carrying out the provisions of this act, the federal act and the rules and regulations of said state board established as required by said acts. TITLE 500. SHASTA COUNTY. ACT 3608. An act fixing the compensation of grand and trial jurors in counties of the twenty-eighth class. [Approved May 28, 1917. Stats. 1917, p. 102.5. In effect July 27, 1917.| § 1. Fees of jurors, counties of twenty-eighth class. Grand jurors or trial jurors in criminal cases in the superior court shall receive, as com- pensation for each day's attendance, per day three dollars, and for eacli mile actually traveled in attending court as a grand juror or juror at 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' attend- ance and the number of miles traveled by each juror, and the auditor shall draw his w^arrant for the amount to which each juror is entitled, and the treasurer shall pay the same. Acts 3670, 3693, §§ 1, 4 general laws. 1238 TITLE 510. SMELTEES. ACT 3670. An act providing for the investigation by the state veterinarian, the secretary of the state board of health and the state commissioner of horticulture of injury to animal life and vegetation in California, caused by smelter wastes, and making an appropriation therefor. [Approved June 16, 1913. Stats. 1913, p. 1147.] Repealed 1917; Stats. 1917, p. 280. TITLE 513. SOLDIEES AND SAILORS. ACT 3693. To provide for the burial of ex-Union soldiers, sailors and marines dying without leaving sufficient means to defray burial expenses. [Approved March 15, 1889. Stats. 1889, p. 198.] Amended 1901, p. 596; 1911, p. 479; 1913, pp. 17, 330; 1917, p.. 749. The amendment of 1917 follows: § 1. Soldiers, sailors and marines may be buried at county expense. It shall be the duty of the board of supervisors of each county in this state to designate a proper person in the county, who shall be an honor- ably discharged soldier, sailor or marine who shall have served in the army or navy of the United States, whose duty it shall be to cause to be decently interred the body of any honorably discharged soldier, sailor or marine who shall have served in the army or navy of the United States, or the widow of any such honorably discharged soldier, sailor or marine, who may hereafter die without having sufficient, means to defray funeral expenses. Such burial shall not be made in any cemetery or burial ground, or any portion of such cemetery or burial ground, used exclusively for the burial of the pauper dead. The expenses of each burial shall not exceed the sum of seventy-five dollars. [Amendment approved May 19, 1917; Stats. 1917, p. 749.] Another amendment of Section 1 of this act was passed at the same session of the legislature. It was in almost precisely the same terms as the above amendment. See Stats. 1917, p. 17. § 4. Record of deceased soldiers. Headstones. It shall be the duty of the clerk of the board of supervisors, upon receiving the report and statement of expenses provided for in this act, to transcribe in a book kept for that purpose, all the facts contained in such report respecting such deceased soldier, sailor, or marine, or the widow of such soldier, sailor or marine. It shall also be the duty of said clerk, upon the death and burial of any such soldier, sailor or marine, to make application to the proper authorities under the government of the United States, for a snitable headstone, as provided by act of congress and to cause the same to be placed at the head of such soldier, sailor or marine's grave, the expenses of which shall not exceed the sum of five dollars for cartage and properly setting each stone, and it shall be the duty of the board of 1239 STATE. Acts 3693a, 3796a, § 1 supervisors to perpetually maintain suitably and properly each grave of any such soldier, sailor or marine whether so marked by a headstone prior to the passage of this act or subsequent thereto. The expenses thus incurred shall be audited and paid as provided in section two of this act for burial expenses. [Amendment approved May 19, 1917; Stats. 1917, p. 749.] ACT 3693a. An act to provide for the care of the graves of soldiers, sailors and marines of the United States of America whose remains are buried in certain cemeteries. [Approved May 11, 1917. Stats. 1917, p. 422. In effect' .July 27, 1917.] § 1. Care of graves of soldiers, sailors and marines. Wherever in any place of burial of human remains, which is now or which may hereafter be established or organized by or under the authority of the board of supervisors of a county, or city and county, of this state, or by or under the authority of the board of trustees, city council or other governing body of a municipality in this state, as a cemetery or place of burial of human remains, there is or shall be any known grave of a former soldier, sailor or marine of the United States of America (who was not dishonorably discharged from the service of said United States), it is hereby made the duty of the trustees or other officers who are or may be hereafter vested by law with the power to manage such cemetery or place of burial, to keep such grave properly marked and identified, and free from weeds and rubbish, and to keep in decent order and repair and free from defacement, injury and unlawful markings any tomb, monument, gravestone, wall or other appurtenance appertaining to such grave. § 2. Tax levy. It is hereby made the duty of such officers who are charged or who may hereafter be charged by law with the official power to raise money by taxation for maintaining any such cemetery or place of burial, to include in the tax levy for such purposes sufficient to raise the amount necessarj' to comply with the requirements of this act. TITLE 526. STATE. ACT 3796a. An act authorizing suits against the state concerning certain real prop- erty and regulating procedure therein. [Approved May 14, 1917. Stats. 1917, p. 435. In effect July 27, 1917.] § 1. Suits against state to quiet title authorized. In all cases where the state of California has apparently acquired some right, title or in- terest, or the right to acquire some title or interest in or to real prop- erty in this state by virtue of an act entitled "An act relating to the rights, powers and disabilities of aliens and of certain companies, asso- ciations and corporations with respect to property in this state, provid- Acts 3807, 3812 general laws. 1240 ing for escheats in certain cases, prescribing the procedure therein, and repealing all acts or parts of acts inconsistent or in conflict therewith," approved May 19, 1913, and no proceedings have been instituted in regard thereto, as provided in said act, any person or persons claiming to own any such real property in fee, which claim is based upon a right existing prior to the said nineteenth day of Maj-, A. D. 1913, is and are authorized to bring suit against the state of California in any court of competent jurisdiction in said state, within one year from the date upon which this act takes effect, to quiet title to the said real property' 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 other- wise provided. If judgment be given against the state in such suits, no costs can be recovered from the state. § 2. Service of summons. Service of summons in such suits shall be made on the governor and attorney general of the state. It shall be the duty of the attorney general to defend in all such suits. § 3. Judgment. In all such cases judgment shall not be entered by default but proceedings shall be had as provided in section seven hun- dred fifty-one of the Code of Civil Procedure of the state of California, and the judgment when entered shall have the same force and effect against the state of California as in said section provided against other defendants. TITLE 529. STATE COMMISSIOX MAEKET. See post, Title 534a, State Market Commission. ACT 3807. An act to provide for the creation of the state commission market, and the organization thereof, to carry on the business of receiving from the producers thereof the agricultural, fishery, dairy and farm prod- ucts of the state of California and selling and disposing of such products on commission, creating the "state commission market fund" and appropriating money therefor. [Approved June 10, 1915. Stats. 1915, p. 1390.] Eepealed 1917; Stats. 1917, ]). I()(i9. See ])0st. Act 3847. TITLE 530. STATE ENGINEERING. ACT 3812. .\n act to create for the state of California a department of engineering, to provide for the appointment of the officers and employees thereof, defining its powers and prescribing the duties of said department, its officers and emplovees, to provide the compensation of such officers and emf)loyees, to make an appropriation for the salaries and other expenses for the reMiaiiKlcr of the fifty-eighth fiscal year and making certain acts a fcldny jiikI rcjiciiliiig sm act entitled "An act 12-4-1 STATE Els'GlNKKKlNG. Act 3812, § 1 creating a commissioner of public works, defining his duties and powers and fixing liis compensation," approved February 9, 1900, and all acts or parts of acts amendatory thereof; also repealing an act entitled "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 addi- tional expenses of said department, and to make an appropriation therefor for the remainder of the forty-eighth fiscal year," approved April 1, 1897; also repealing an act entitled "An act providing for the appointment of an auditing board to the commissioner of pub- lic works, authorizing and directing him and them to perform cer- tain duties relating to drainage, to purchase machinery, tools, dredges, and appliances therefor, to improve and rectify water chan- nels, to erect works necessary and incident to said drainage, to con- demn land and property for the purposes aforesaid, making certain acts a felony, and making an appropriation of money for the pur- poses of this act," approved March 17, 1897, and all acts or parts of acts amendatory thereof; also repealing an act entitled "An act to provide for the appointment, duties and compensation of a debris commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March 2J:, 1893, and all acts or parts of acts amendatory thereof; also repealing an act entitled "An act to create the office of Lake Tahoe wagon road commissioner, providing the term of office and compensation of such commissioner, defining his duties, and making an appropriation for the salary and expenditures provided for and authorized by this act," approved April 1, 1897, and all acts or parts of acts amendatory thereof. [Approved March 11, 1907. Stats. 1907, p. 215.] Amended 1909, p. 558; 1911, p. 823; 1915, pp. 630, 898; 1917, pp. 541, 690. The amendments of 1917 follow: § 1. Department of engineering created. California highway commis- sion. A department of and for the state of California to be known as the department of engineering is hereby created, to consist of an ad- visory board composed of the governor as ex-officio member and chair- man of said board, the state engineer, who shall be the chief executive officer of the department, the general superintendent of state hospitals, the chairman of the state board of harbor commissioners of San Fran- cisco, and three other members to be appointed by the governor, which said three appointive members shall hereafter in this act be designated as the appointed members of said advisory board. Said three appointed members shall compose a subdivision of said department of engineering designated as the California highway commission. The said department, its officers and employees, shall have and exercise the powers and duties hereinafter set forth and specified, and such as are or may be hereafter ])rovided by law. [Amendment ap])roved May IS, 1917; Stats. 1917, p. 1)92.] Act 3812, §§ 11/^-9 GENERAL LAWS. 1242 § 1|. Consulting board. Meetings. Reports. [Eepealed May 18, 1917; Stats. 1917, p. 692.] § 2. Head of department. Upon this act becoming eflfective the gov- ernor shall appoint a competent civil engineer as the head of the department of engineering, and such person shall be known as the state engineer. The state engineer shall devote his entire time to the services of the state and shall not actively engage in any other pursuit vphile serving as such state official. He shall have charge of all the engineer- ing and structural work of the department. [Amendment approved May 15, 1917; Stats. 1917, p. 543.] § 6. Employees, engineering department. The department of engi- neering, by and through the state engineer, shall have power to appoint two assistant engineers, a secretary, one state architect, one assistant state architect, a general superintendent for the architectural division, one mechanical engineer, one architectural designer, one structural en- gineer, an auditor, one electrical engineer, one estimator, one specifica- tion writer, one engineer's draftsman, three architectural draftsmen, two clerks, two stenographers, a blue-print pressman, a janitor, and such additional assistance as the advisory board may, in its judgment, deem necessary, and to fix their salaries and compensation, which officers and appointees shall hold office at the pleasure of the appointive power, and who must be confirmed by the advisor}' board before j^roceeding .with their duties. Such officers and employees shall devote their entire time to the service of the department. [Amendment approved May 15, 1917; Stats. 1917, p. 543.] § 9. Control of state highways. Expenditures. Power to obtain rights of way. Powers of state engineer assumed by highway commis- sion. Highway engineering. The department of engineering shall take and have full possession and control of all roads and highways which have been declared and adopted state roads and state highways and all state roads and state highways which may hereafter be acquired and constructed. All expenditures by the state for highway purposes, except as otherwise hereafter provided by law, shall be under the full charge of the de])artment of engineering, and all moneys appropriated for such purpose shall be made payable upon the proper demand of said depart- ment when approved and audited by the state board of control. The department of engineering, in the name of the people of the state of California, shall have the power to obtain or condemn necessary rights of way for any authorized state highway or for the change of any exist- ing state highway or for any road placed under the department's charge by law unless otherwise provided. It shall have power to alter or change the route of a road and shall do all things necessary, and obtain all tools and implements required to properly care for and manage the rf)adH under the charge of the department. Whenever, under any stat- iitos of this state, the performance of any duty or obligation is imposed iifiori the department of highways, the same shall be assumed by, and thf j.erformance of the same shall devolve upon, the department of onyiiicfriiig. The said California highway commission shall forthwith 1243 STATE ENGINEERING. Act 3812, § 10 assume and have and exercise all of the powers and dutios of the state engineer relating tc state roads and state highways and other roads and highways heretofore by law conferred or imposed upon said state en- gineer, and the said state engineer shall immediately relinquish and transfer to the said California highway commission all funds, papers, maps, records and other documents of the department of engineering relating to the roads and highways of the state and thereafter the state engineer shall have no further duty, power or responsibility with regard to roads and highways, save only such as shall devolve upon him as a member of the advisory board of the department of engineering. Said California highway commission shall have the supervision and direction of all state roads and state highways now existing and the improvement, maintenance, repair and protection thereof, and have charge of and perform all other duties relating to state roads and state highways which may be imposed upon said commission by said advisory board. The highway engineer shall be the chief executive officer of the Califor- nia highway commission and shall perform such duties as may be imposed upon him by the California highway commission which are not in conflict with any duties which may be placed upon him by said advisory board. [Amendment approved May 18, 1917; Stats. 1917, p. 692.] § 10. Duties of highway commission. Act for road districts, etc. Biennial reports. The California highway commission, in addition to such other duties as may be imposed upon such commission by law, shall — ■ (a) Make such investigations as will put at the service of the state the most approved methods of highway improvement; (b) Compile statistics relative to the public highways of counties and municipalities; (c) If deemed expedient by said commission and at the expense of the applicants, either in whole or in part, as determined by said commis- sion, said county, road or boulevard district or division and municipal authorities, upon request of such county, road or boulevard district or division and municipal authorities, in establishing grades and road drain- age systems and advise with them as to the construction, improvement and maintenance of highways and bridges. (d) If deemed expedient by said commission and at the expense of the applicants, either in whole or in part, as determined by said com- mission, cause plans, specifications and estimates to be prepared for the repair and improvement of highways and bridges, and in its discretion, also act as the_consulting engineer for any county, road or boulevard dis- trict or division, or municipal authorities, when requested to do so by the county, road or boulevard district or division or municipal authori- ties; and said commission may, in its discretion, and upon the request of the governing board of any county, permanent road division, road or boulevard district or division, accept the funds "f any such political sub- division for deposit in the state treasury, said funds to be deposited in such state fund or funds as said commission may designate, and the state department of engineering shall use and expend the funds so de- posited for the construction of bridges, roads or boulevards situated Act 3812, § 13 GENERAL LAWS. 1244 within such political subdivision, in accordance with the jjlans and specifi- cations and other terms as are mutually agreed upon by said commission, on behalf of the state of California, and such governing board; pro- vided, however, that any bridge, road or boulevard constructed under the provisions of this section by and under the jurisdiction of said state department of engineering shall revert to the original jurisdiction and control immediately upon the completion thereof, unless such bridge, road or boulevard shall, in the opinion of said commission, be and con- stitute an integral part of the state highway system as contemplated liy the state highways act and the state highways act of 1915 or as other- wise provided b}' law; and, further, the governing board of any county, permanent road division, or road or boulevard district or division may pa}' into the state treasury, as provided herein, for the purposes hereof, any funds under its jurisdiction and control subject to use for bridge^ road or boulevard purposes, created by tax levy or .issuance of the bonds of any such political subdivision or otherwise. (e) Investigate and determine upon the various methods of road con- struction adapted to the different sections of the state, as to the best methods of construction and maintenance of highways and bridges, and make such experiments in relation thereto from time to time as said commission deems expedient. (f) Aid at all times in promoting highway improvement througliout the state. (g) Have the power to call upon any state, county or municipal offi- cial to furnish said commission with any information contained in his office which relates to, or is in any way necessary to, the proper per- formance of the work of said department of engineering, and it is hereby made the duty of such officials to furnish such information without cost. (h) Prepare biennial reports relating to road and highway work which shall be incorporated by the state engineer in his biennial reports which he is required by law to submit to the governor at least thirty days before each session of the legislature. [Amendment approved May 18, 1917; Stats. 1917, p. 692. § 13. Co-operative work with. United States govemment. All co-opera- tive engineering work now existing or to be engaged in by the state with the United States government shall be placed under the depart- ment of engineering. All plans, estimates and specifications shall be approved by the state engineer except that in the ease of road and high- way work all plans, estimates and specifications shall be approved by the California highway commission, and the advisory board shall have full power to determine the kind, quality and extent of such work under co-operation with said government before entering into agreement with said government for sucli work. All unexpended moneys provided for by law on the aforesaid co-operative basis shall be expressly placed under tlie full control of the de[)artnient of engineering and the state controUer sliuU transfer sucli funds to the credit of the said department. Here- after |)lajiH, estimates and specincations for such work sliall be filed in th(! office of said dc|)artnient. All moneys received by the state treas- urer from the Unitecl States government under project agreements relat- ing lo ICdcral aid road work shall be credited by the state controller 1245 STATE ENGINEERING. Act 3812, §§ 16, 17 to sucli fund or fumls as the state departiiuMit of engineering shall desig- nate. I .Amendment approved May IS, 1917; Stats. 1017, p. H91.] § 16, Biennial report of state engineer. The state engineer shall pre- pare biennial reports which shall be subni,itted to the governor at least thirty days before each session of the legislature. Said report shall embrace the work and investigations of the department under his charge for the previous two years, together with such recommendations for changes in the laws affecting the department as he may deem advisable. It shall be the duty of the state printer to print all reports, bulletins or other matter and furnish any other necessary illustrations or diagram therefor as the department may deem necessary, all of which shall, however, be subject to the approval of the state board of examiners. [Amendment approved May 18, 1917; Stats. 1917, p. 695.] § 17. Salaries. Bond. The highway engineer shall receive not to ex- ceed the sum of ten thousand dollars per annum; the state engineer shall receive the sum of five thousand dollars per annum; each assistant engi- neer shall receive the sum of three thousand dollars per annum; the secretary shall receive the sum of three thousand dollars per annum; the state architect shall receive the sum of four thousand eight hundred dollars per annum; the assistant state architect shall receive the sum of three thousand dollars per annum; the general superintendent for the architectural division shall receive the sum of three thousand dollars per annum; the mechanical engineer shall receive the sum of two thou- sand seven hundred dollars per annum; the architectural designer shall receive the sum of two thousand seven hundred dollars per annum; the structural engineer shall receive the sum of two thousand four hundred dollars per annum; the auditor shall receive the sum of two thousand four hundred dollars per annum; the electrical engineer shall receive the sum of two thousand one hundred dollars per annum; the estimator shall receive the sum of two thousand one hundred dollars per annum; the specification writer shall receive the sum of two thousand one hundred dollars per annum; the engineer's draftsman shall receive the sum of two thousand dollars per annum; two architectural draftsmen shall ^re- ceive the sum of two thousand one hundred dollars per annum, each; one architectural draftsman shall receive the sum of one thousand eight hundred dollars per annum; two clerks shall receive the sum of one thou- sand eight hundred dollars each, per annum; two stenographers shall receive the sum of one thousand five hundred dollars each, per annum; the blue-print pressman shall receive the sum of one thousand five hun- dred dollars per annum; the janitor shall receive the sum of nine hun- dred dollars per annum. Such salaries shall be paid at the same time and in the same manner as are the salaries of other state officers. The highway engineer shall furnish the state with a bond in the sum of twenty thousand dollars; the two assistant engineers and the state archi- tect shall each furnish the state with a bond in the sum of ten thou- sand dollars; and the secretary shall furnish the state with a bond in the sum of fifteen thousand dollars, for the faithful performance of their duties. Such bonds must be approved by the governor of the state of Act 3818b, § 1 GENERAL LAWS. 124G California, and filed in the oflaee of the secretary of state. Each of the three appointed members of the advisory board shall receive the sum of three thousand six hundred dollars per annum. Each and every one of the above-mentioned officers shall take the oath of office as prescribed for other state officers. The, members of the advisory board, the state engineer and other officers and employees of the department of engineer- ing shall be allovred their necessary traveling expenses vphile engaged in the discharge of their duties within the state. Every employee of the department of engineering who is intrusted with moneys belonging to the state and who is not already required by law to furnish an official bond shall file a bond if the said department shall so require in such an amount as the department shall deem to be expedient with two suffi- cient sureties thereon or with a surety company of recognized standing for the faithful performance of his trust, which bond must be approved by the state board of control and filed with the state treasurer. The premium or charge for every such bond, if given by a surety company, shall be paid by said department out of the particular fund under its control, from which fund the moneys are withdrawn and placed in the custody of the bonded employee or out of that fund to which the ser- vices of such employee directly pertain. [Amendment approved May 15, 1917; Stats. 1917, p. 543.] ACT 3818b. An act to appropriate money to be expended by and under the direc- tion of the department of engineering for the purpose of rectifying and improving the channels of the Sacramento, San Joaquin and Feather rivers and such other waters of the state as the department of engineering may determine; improving the navigability of such waters and acquiring land for necessary rights of way therefor; making surveys, investigations and report upon the feasibility of canalizing the rivers of the state and consti-ucting canals for navi- gation, and making surveys, investigations and plans for flood con- trol; the examination and supervision of dams; the investigation of rainfall, snowfall and runoff affecting navigation and flood control; and giving the department of engineering authority over dams, mak- ing it unlawful to construct or maintain dams in a dangerous con- dition and providing penalties for violations of the act and directing who shall prosecute such violations. [Approved May 14, 1917. Stats. 1917, p. 516. In effect July 27, 1917.] §1. Appropriation: improving Sacramento, San Joaquin and Feather rivers. Tlie sum of one hundred fifty thousand dollars is hereby appro- priated out of any moneys in the state treasury not otherwise appro- priated, to bo expended by the department of engineering for the purpose of rectifying and improving the channels of Sacramento, San Joaquin nnd Feather rivers, and such other waters of the state as the depart- ment of engineering may determine, improving the navigability of such waters, acquiring land for necessary rights of way for such improve- monts; making surveys, investigations and reports upon the feasibility 1247 STATE ENGINEERING. Act 3818b, § 2 of canalizing the rivers of the state and constructing navigable canals, making surveys, investigations and plans for flood control upon any stream, the Hood waters of which may injure or menace lands in the state of California, including the examination and supervision of dams, and investigation of rainfall, snowfall and runoff affecting or tending to affect navigation or flood control upon any of the streams of the state; provided, however, that before any expenditure shall be made or contracts awarded by said department for construction work to be done affecting navigable waters, the plans therefor shall be approved by the proper officers of the government of the United States having charge of river work in California. § 2. Dams under authority of department of engineering, (a) All dams in the state of California, other than those for impounding min- ing debris constructed under the authority of the California debris com- mission, or dams cooistructed by a municipal corporation maintaining a department of engineering, shall be under the authority of the state department of engineering, and the department shall exercise super- vision over any dam, the failure of which would endanger life or prop- erty, and shall have power to prescribe and enforce compliance with measures for making such dams safe against failure; provided, that this section shall not apply to any dam which is part of a "water system" as defined in section two of the public utilities act of this state, and nothing in this act shall be construed to limit the jurisdiction of the railroad commission over such dams. (b) Approval of plans. It shall be unlawful for any person, firm, cor- poration or district to construct, maintain or operate any dam known to be unsafe, or which if the destruction or failure thereof would endan- ger life or property; or to construct, reconstruct, repair or improve, main- tain or operate any dam which is or would be ten feet or more in height or which will impound water or other fluid to the amount of three million gallons unless the plans, specifications and construction thereof shall have been approved in writing by the state department of engineering. (e) Penalty. Any person, firm, corporation or district who shall violate the provisions of this section is subject to a penalty of not less than five hundred nor more than two thousand dollars for each and every offense. Each day that such violation of the provisions of this section shall con- tinue shall be deemed and considered a separate and distinct offense. (d) Permitting work contrary to plans felony. Any person acting for himself as owner, or as director, officer, agent or employee of any firm, corporation or district engaged in the construction, reconstruction, improvement or repair of any dam, the plans and specifications of which have been approved by the department of engineering, or any contractor, or agent or employee of such contractor, who shall knowingly permit work to be executed thereon contrary to the plans and specifications approved as aforesaid, or any inspector or employee of the department of engineering who shall have knowledge of such wort being done and fail to immediately notify the department of engineering thereof, is guilty of a felony and subject to the penalty of confinement in the st-ate penitentiary for not less than one nor more than five years. Act 3818c, § 1 GENERAL LAWS. 1248 (c) Duty of district attorney. Upon the complaint of the department of engineering any district attorney is hereby authorized and directed to prosecute violations of the provisions of this section. §3. Audit. All expenditures hereunder for rights of way, labor, materials and machinery, or in payment, in whole or in part, of any contract shall, before being paid, be audited by the state board of con- trol, as provided by law. ^ 4. When available. Of the money herein appropriated fifty thou- sand dollars shall become available immediately upon this act becoming effective and the remaining one hundred thousand dollars shall become available on the first day of July, 1918. ACT 3818c. An act to provide for the accomplishment of the work of the direct improvement of the navigation of the Sacramento, San Joaquin and Feather rivers of the state of California, by controlling the floods, removing the debris and continuing the improvement of the Sacramento river, California, in accordance wdth the plans of the California debris commission contained in the report of said commis- sion submitted August 10, 1910, and transmitted to the speaker of the house of representatives of the United States by the secretary of war on June 27, 1911, and printed in house of representatives document number eighty-one of the first session of the sixty-second United States congress, as modified by the report of said commission submitted February 8, 1913, approved by the chief of engineers of the United States army and the board of engineers for rivers and harbors and i^rinted in rivers and harbors committee document num- ber five, sixty-third United States congress, first session, in so far as saicl plan provides for the rectification and enlargement of river channels and the construction of weirs; and making an appropriation for such work; and providing for the continuance of such work ■as provided by section two of an act of the congress of the United Slates entitled "An act to provide for the control of the floods of the Mississippi river and of the Sacramento river, California, and for other purposes," approved March 1, 1017. I A]. proved May 1;1, 1917. Stats. 1917, ].. n;;!). In ellect Julyl, 1917,] §1. Appropriation: flood control. Tlic sum of five hundred thou- .sand dollars is hereby apiirojjriated out of any mojiey in the state treas- ury not otherwise appropriated, which shall be available July 1, 1917, for controlling the floods, removing the debris and continuing the im- |)rovement of the Sacramento river, California, in accordance with the [)lans of the California debris commission contnitied in the report of said commission submitted August 10, 1910, ;ind tiansmitted to tlie speaker of the house of represent atives of the Cnited States by .tJie secretary of war on .luiie L'7, 1911, ;ind |irinted in house of representa- tives document numl)er eighty-one of the first session of the sixty- Hccond TTiiited States congress, as modified by the report of said com- mission submitfe(| iM-liruary 8, lill.'i, iipproved l>y tlie chief of engineers 3-49 STATK LAND Sl-riTLEMKN'r BOARD. Act 3822, ); ] of t!u' I'liited States iiiiny ami tlu' buard of t'uj>iiioers for livers ami harbors and printed in Rivera and Harbors Committee Document Num- ber Five, .Sixty-third United States Congress, First Session, in so far as said plan provides for the reetifioation and enlargement of river chan- nels and tlie construction of weirs. § 2. Condition. Tiie a[)|iropriatiun made by section one of this act is made in compliance with the provisions of section two of that certain act of congress of the United States entitled "An act to provide for the control of the floods of the Mississi^jpi river and of the Sacramento river, California, and for other jiurposes," approved March 1, 1917, and shall be paid to the treasurer of the United States whenever a like sum of five hundred thousand dollars shall have been appropriated or authorized to be appropriated by the congress of the United States, conditional on the payment of an equal amount by the state of Cali- fornia, for the i)rosecution of said work ]mrsuant to section two of said act of congress. § 3. Eixpended by California debris commission. The money herel)y appropriated, when paid to the treasurer of the United States, shall be expended under the direction of the California debris commission and in such manner, as it may require or approve, and as ])rovided in section two of said act of congress; and none (jf the money so appro- priated shall be expended in the purchase of or payment for any right of way, easement or land acquired for the purposes of said improvement. §4. Controller's warrant. The controller of the state of Californi'i is hereby authorized and directed, upon request of the governor, to draw his warrant or warrants on the state treasurer in favor of the treasurer of the United States for the amount hereby appropriated, and the state controller is hereby directed to pay the same. § 5. In case less sum appropriated by congress. If the congress of the United States shall not appropriate the full sum of five hundred thousand dollars for the ))rosecution of said work in accordance w'ith section tv?o of said act of congress, as hereinbefore referred to, but shall appropriate a less sum or sums from time to time for said purpose, then the said sum hereby appropriated shall become available and be paid over to the treasurer of the United States, for. said purpose as herein- before provided, in such sum or sums from time to time as ma\' equal the sum or sums so appropriated or authorized to be appropriated by congress. TITLE 532a. STATE LAXD SP:TTLEMENT BOARD. ACT 3822. An act creating a state land settlement board and defining its powers and duties and making an appropriation in aid of its operations. [Approved June 1, 1917. Stats. 1917, p. 1566. In effect July 31. 1917.] § 1. Importance of land settlement. The legislature believes that laml settlement is a problem of great importance to the welfare of all the Act 3822, §§ 2-4 general laws. 1250 peojjle of the state of California and for that reason through this par- ticular act endeavors to improve the general economic and social condi- tions of agricultural settlers within the state and of the people of the state in general. § 2. State land, settlement board created. Term. Per diem and ex- penses. Officers. Superintendent. With the object of promoting closer agricultural settlement, assisting deserving and qualified persons to ac- quire small improved farms, providing homes for farm laborers, increas- ing opportunities under the federal farm loan act, and demonstrating the value of adequate capital and organized direction in subdividing and preparing agricultural land for settlement, there is hereby created a state land settlement board to consist of five members appointed by the gov- ernor to hold office for a term of four years and until their successors have been appointed and shall have qualified; provided, however, that of the members first appointed two shall be appointed to hold office until the first day in January, nineteen hundred eighteen, one until the first day in January, nineteen hundred nineteen, one until the first day in January, nineteen hundred twenty, and one until the first day in January, nineteen hundred twenty-one. The members of the board shall receive a per diem for each meeting attended, to be fixed by the state board of control with the approval of the governor; they shall also receive their actual, necessary traveling expenses in the discharge of their duties. The board shall elect its own chairman and secretary. The secretary may or may not be a member of the board. The board shall appoint a superintendent who shall be the general executive officer of the board, and such expert, technical, and clerical assistance as may prove neces- sary, and shall define their duties. It shall fix the salaries of all officers and other employees, with the approval of the state board of control. § 3. Body corporate. Quorum. The state land settlement board here- inafter called tlie board, shall constitute a body corporate with the right on behalf of the state to hold property, receive and request donations, sue and be sued, and all other rights provided by the constitution and laws of the state of California as belonging to bodies corporate. Three members of the board shall constitute a quorum and such quorum may exercise ail tiie power and authority conferred on the board by this act. § i. Agricultural lands to be acquired and sold. For the purposes of this act the board may in the manner hereinafter provided acquire on l)ehalf of the state agricultural lands in California that are susceptible of intensive culture and suitable for colonization in an area of not more than ten thousand acres, together with any water rights and rights of wa}' desirable or necessary therefor, and shall without delay improve, subdivide and sell such lauds with appurtenant water rights to approved lioiia fiili' settlers under tlic coiiditions and in tlie manner hereinafter provided; i)rovided, that, witli the approval of tlie governor, the board shall have the authority to set aside for townsitc purposes a suitable area purchased under the provisions of this act and to subdivide such 1251 STATE LAND SETTLEMENT BOARD. Act 3822, §§ 5-9 area and sell or lease the same for cash, in lots of such size, and with such restrictions as to resale, as, with the approval of the governor, they shall deem h(^i; and provided, further, that the board shall have author- ity to set aside and dedicate to public use such area or areas as it may deem desirable for roads, schoolhouses, churches, or other public purposes. §5. Purchase of private lands. Whenever the board believes that private land should be purchased for settlement under this act, it shall give notice by publication in one or more newspapers of general circula- tion in this state, setting forth the area and character of the land desired and^ the conditions that shall govern such proposed purchase, and invit- ing owners of lands believed to be suitable, and who are willing to enter into a contract for the sale of such lands on the conditions proposed, to submit such lands for inspection. § 6. Inspection of tracts. Within thirty days thereafter the board shall direct an officer or officers in its employ, or one or more persons who may at its request be designated by the dean of the college of agri- culture of the University of California, to inspect and report on all tracts of land suitable for closer settlement which are so submitted. § 7. Report of inspection. The board shall give not less than one week's notice of the approximate date when tracts submitted will be inspected and every report of such inspection shall as far as practicable specify the — (a) Situation and brief description thereof; (b) Extent and situation of land comprising so much of any tract as it is proposed to acquire; (c) Names and addresses of the owners thereof; ' (d) Character of water rights; (e) Nature of improvements; (f) Crops being grown on land; (g) Aj^praisement of value of land, water rights and improvements. § 8. Decision. On receiving tire reports on all of the land examined the board shall decide which of the areas is best suited to the purposes of this act. Before so deciding the board may examine the land, or it may employ one or more competent valuers to fix the productive value of the land and report the same in writing; the owner or his agent may give evidence as to its value. §9. Purchase. If from the evidence submitted or from the results of its i)ersonal inspection the board is satisfied that one or more of the tracts submitted are suited to intensive closer settlement and can be acquired at a reasonable price, it shall submit to the governor its report, giving the reasons for recommending the purchase, and on the appiroval of the governor the board shall be authorized to pnrchasc the same; provided, that before such purchase is made, the attorney general shall approve the title of such lands and any water rights appurtenant thereto, and the president of the state water commission shall certify in writing as to the sufficiency of anj^ water rights to be conveyed. Act 3822, §§ lO-l-J- GENERAL LAWS. 1252 § 10. Control by board until moneys advanced repaid. All purchases of land under this act shall be made under such terms and conditions as shall give to the board full control of any subdivisions thereof until all moneys advanced by the state for the purchase, improvement, or equipment of such subdivisions are fully repaid, together with interest thereon as herein provided. § 11. Subdivision. Improvement of land. Seeds. Cottages and water. Loans. Immediately upon taking possession of any land purchased as above, and after deducting any areas to be set aside for town sites or public purposes in accordance with section four of this act^ the board shall subdivide it into areas suitable for farms and farm laborers' allot- ments, and lay out, and where necessary, construct roads, ditches, and drains for giving access to and insuring the proper cultivation of the several farms and allotments. The board, prior to disposing of it to settlers, or at any time after such land has been disposed of, but not after the end of the fifth year from the commencement of the term of the settler's purchase contract, may — (a) Prepare all or any part of such land for irrigation and cultivation; (b) Seed, plant, or fence sucli land, and cause dwelling-houses and ourouildings to be erected on any farm allotment or make any other improvements not specified above necessary to render the allotment habit- able and productive in advance of or after settlement, the total cost of such dwellings, outbuildings, and improvements not to exceed one thou- sand five hundred ($1,.500) dollars on any one farm allotment; (c) Cause cottages to be erected on any farm laborer's allotment and provide a domestic water supply, the combined cost of the cottage and water supply not to exceed eight hundred ($800) dollars on any one farm laborer's allotment; (d) Make loans to approved settlers on the security of stock and farm implements, such loans to be secured by mortgage or mortgages on such stock or farm implements, and the total amount of any such loan, to- gether with money spent by the board on improvements as above speci- fied, not to exceed three thousand dollars on any one farm allotment. §12. Irrigation works. Authority is hereby granted to the board, where deemed desirable, to operate and maintain any irrigation works constructed to serve any lands purchased and sold under the provisions of this act. All moneys received in tolls or charges for the operation and maintenance of any works or for any water sup])lied therefrom, shall be deposited in the land settlement fund created by this act and shall become available for the payment of any costs, expenses, or other charges authorized in this act to be paid from said land settlement fund. § 13. Lease. After the purchase of land by the board under the pro- visions of this act and before its disposal to approved bona fide appli- cants the board shall have authority to lease such land or a part thereof on l)onded or secured lease on such terms as it shall deem fit. § 14. Allotments. Notice of opening for settlement. Right to reject applications. Lands (iisjioscd of under Ihis act, other than lands set 1258 STATE LAND SKTTLKMENT BOARD. Act 3822, §§^15-17 aside for town sites or public purposes, shall be sold either as farm allot- ments, each of which shall liave a value not exceeding, without improve- ments, fifteen thousand dollars, or as a farm laborer's allotments, each of which shall have a value not exceeding, without improvements, four hundred dollars. Before any part of an area is thrown open for settle- ment J^here shall be public notice thereof for thirty days in one or more daily newsj^apers of general circulation in the state, setting forth thi> number and size of farm allotments or farm laborer's allotments, or both, the prices at which they are otfered for sale, the minimum amount of capital a settler will be required to have, the mode of jiayment, the amount of cash payment required, and such other particulars as the board may think jjroper and specifying a definite period within which applica- tions therefor shall be filed with the board on forms provided by the board. The board shall have the right in its uncontrolled discretion to reject any or all apj)lications it may see fit and may readvertise as afore- said as often as it sees fit until it receives and accepts such number of applications as it may deem necessary. § 15. Who may apply. Limit. Fitness to cultivate. Any citizen of the United States, or any person who has declared his intention of be- coming a citizen of the United States, and who is not the liolder of agricultural land or of possessory rights thereto to the value of fifteen thousand dollars, and who by this purchase would not become the holder of agricultural land or of possessory rights thereto exceeding such value, and who is prepared to enter within six months upon actual occupation of the land acquired, may apply for and become the purchaser of either a farm allotment or a farm laborer's allotment; provided, that no more than one farm allotment or more than one farm laborer's allotment shall be sold to any one person; provided, further, that no applicant shall be approved who shall not satisfy the board as to his or her fitness success- fully to cultivate and develop the allotment applied for. § 16. Applications considered. Within ten days after the final date set for receiving applications for either farm allotments or farm laborer's allotments the board shall meet to consider the applications, and may request applicants to appear in person; provided, that the board shall have the power and the uncontrolled discretion to reject any or all applications. § 17. Selling prices. The selling prices of the several allotments into which lands purchased under this act are- subdivided, other than those set aside for town site and public purposes, shall be fixed by the board, so as to render such allotments as nearly as possible equally attractive, and calculated to return to the state the original cost of the land, to- gether with a sufficient sum added thereto to cover all expenses and costs of surveying, improving, subdividing, and selling such lands, including the payment of interest, and all costs of engineering, superintendence, and administration, including the cost of operating any works built, directly chargeable to such land, and also the price of so much land as shall on subdivision be used for roads and other public purposes, and also such sum as shall be deemed necessary to meet unforeseen contin- gencies. Act 3822, §§ 18-21 general l.vws. 1254 § 18. Contract of purchase. Cash deposit. Loan from federal farm loan bank. Balance paid in amortizing payments. Every approved ap- plicant shall enter into a contract of purchase with the board, which contract shall among other things provide that the purchaser shall pay as a cash deposit a sum equal to five per cent of the sale price of the allotment and in addition not less than ten per cent of the cost of any improvements made thereon, and, unless prepared to pay one-half of thr' purchase price in cash, such applicant shall enter into an agreement to make an immediate application for a loan from the federal farm loan bank under the provisions of the federal farm loan act for an amount equal to fifty per cent of the appraised value of the land and twenty per cent of the value of the improvements thereon, and shall pay the amount of any loan so made to the board as a partial payment on such land and improvements. The balance due on the land shall be paid in amor- tizing payments extending over a period to be fixed "by the board not exceeding forty years, together with interest therefor at the rate of five per cent per annum. The amount due on improvements shall be paid in amortizing payments extending over a period to be fixed by the board not exceeding twenty years, together with interest thereon at the rate of five per cent per annum. The repayment of loans made on livestock or implements shall extend over a period to be fixed by the board not exceeding five years; provided, however, in each case, that the settler shall have the right on any installment date after five years from the first payment, but not before, to pay any or all installments still remain- ing unpaid. § 19, Calculation of installments. The number and amount of yearly or half yearly installments of principal and interest to be paid to the board under contracts of purchase shall be calculated according to any table adopted or approved by the federal farm loan board. § 20. Cultivation of land, insurance. Every contract entered into between the board and an approved purchaser shall contain among other things provisions that the purchaser shall cultivate the land in a manner to be approved by the board and shall keep in good order ahd repair all buildings, fences, and other permanent improvements situated on his allotment, reasonable wear and tear and damage by fire excepted. Each settler shall, if required, insure and keep insiired against fire all build- ings on his allotment, the policies therefor to be made out in favor of the board and to be such amount or amounts and in such insurance companies as may be prescribed by the })oard. § 21. Consent to transfer allotment. Cancellation of contract. No allotment sold under the provisions of this act shall be transferred, as- signed, mortgaged, or .sublet in whole or in part, within five years after the daie of such contraci witliout the oonseul ol' (lif l)oard given in writing. At the expiration of five years after tlie purchase of an allot- iiHMit, if the board is sJitisfied that all covenants and conditions of the contract covering such allotment purchase have been complied with, the purchaser may, with Ihe written consent of the board, transfer, assign, inortgage, subli't. or part with the possession of the whole or any part of the allotnicnl coxcrcd bv such coiitriict. 1255 STATE LAND SETTLEMENT BOARD. Act 3822, §§ 23-25 In the event of a failure of a settler to comply with any of the terms of his contract of purchase and agreement with the board, the state and the board shall have the right at its option to cancel the said con- tract of purchase and agreement and thereupon shall be released from all obligation in law or equity to convey the property and the settler shall forfeit all right thereto and all payments theretofore made shall be deemed to be rental paid for occupancy. The failure of the board or the state to exercise any option to cancel for any default shall not be deemed as a waiver of the right to exercise the option to cancel for any default thereafter on the settler's part. But no forfeiture so occa- sioned by default on the part of the settler shall be deemed in any way, or to any extent, to impair the lien and security of the mortgage or trust instrument securing any loan that it may have made as in this act pro. vided. The board shall have the right and power to enter into a con- tract of purchase for the sale and disposition of any land forfeited as above provided, because of default on the part of a settler. § 23. Residence. Actual residence on any allotment sold under the provisions of this act shall commence within six months from the date of the approval of the application and shall continue for at least eight months in each calendar year for at least ten years from the date of the approval of the said application, unless prevented by illness or some other cause satisfactory to the board; provided, that in case any farm allotment disposed of under this act is returned to and resold by the state, the time of residence of the preceding purchaser may in the discretion of the board be credited to the subsequent purchaser. § 24. Condemnation of water rights and rights of way. Appropriation of water. The power of eminent domain shall be exercised by the state at the request of the board for the condemnation of water rights and rights of way for roads, canals, ditches, dams, and reservoirs necessary or desirable for carrying out the provisions of this act, and on request of the board the attorney general shall bring the necessary and appro- priate piroceedings authorized by law for such condemnation of said water rights or rights of way, and the cost of all water rights or rights of way so condemned shall be paid out of the land settlement fund hereinafter provided for. The board shall have full authority to ap- propriate water under the laws of the state when such appropriation is necessary or desirable for carrying out the jJurposes of this act. §25. Appropriation. "Land settlement fund." Administrative ex- penses. For the purpose of carrying out the provisions of this act the sum of two hundred sixty thousand dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated. Of this amount, the sum of two hundred fifty thousand dollars shall constitute a revolving fund to be known as the "land settlement fund," which is calculated to be returned to the state with interest at the rate of four per cent per annum within a period of fifty years from the date of the passage of this act. The remaining ten thousand dollars shall constitute a fund available for the payment of administrative expenses alone until such time as other moneys are available for such purposes from the sales Act 3834a, § 1 general laws. 1256 of laud as provided for iu this aft. The state controller is hereby authorized and directed to draw warrants upon such funds from time to time upon requisition of the board approved by the state board of con- trol, and the state treasurer is hereby authorized and directed to pay such warrants. § 26. Advances by board of control. The state board of control is herebj- authorized to provide for advances of money to the board needed to meet contingent expenses to such an amount, not exceeding five thou- sand dollars as the said board of control shall deem necessary. §27. Payments by settlers, disposition of. The money paid by set- tlers on lands, improvements, or in the repayment of advances, shall be deposited in the land settlement fund and be available under the same conditions as the original appropi'iation for the following purposes: (a) Making improvements on land being prepared for settlement; (b) Making advances to settlers; and (c) Completing payments on lands purchased; provided, that when these expenditures on an area of ten thousand acres shall have been completed, then all moneys received shall be paid into the state treasury and used to reimburse the state for the land settlement fund created by this act. §28. Rules and regulations. The board with the approval of the governor shall have authority to make all needed rules and regulations for carrying out tlie provisions of this act. § 29. Investigation of land settlement conditions. The board is hereby authorized to investigate laud settlement conditions in California and elsewhere and to submit recommendations for such legislation as may 1)6 deemed by it necessary or desirable. §30. Stats. 1915, p. 475, repealed. The act of the legislature entitled "An act pro\iding for the appointment of a commission to investigate and report at tiie forty-second session of the legislature relative to the adoption of a system of land colonization and rural credits and making an a|ipro[)riatioii therefor,'' approved May 17, 191."). is hereby repealed. § 31. Title, 'i'his act m;iy he known and cited as the "land settle- incut art." TITLE 533. STATK LANDS. ACT SSSia. Alt act foi- the relief of purchasers of schotd lands. lAppifivcd .imic :;. ]<.n:\. stats, im."?, p. 'M(\.] Aiiicii(ir,l 1 wholesale establishment — for each branch house, five dollars. B^'ees payable by wholesale dealers umler paragiaph six of this section, as above, shall be due and payable in advance, and shall be based on the applicant's sworn statement as to his gross receipts from the sale of food fish sold for human consumption in its fresh condition, using the corresponding period of the preceding year as a basis. If tl)o applicant did no wholesale business during said corresponding period, a license shall be issued upon payment of a fee of fifty dollars and the execution of a good and satisfactory bond by the applicant to the state market director, guaranteeing the payment of such additional amount as will make the total payable on his actual business during such period equal to the license fee fixed in said paragraph six' of this section. If the amount of actual sales of any such dealer for any semi-annual period, for which he has paid license fees in advance, shall be greater or less than the amount on which such license fee was based, he shall at the end of such period, be charged with and shall pay to the state such additional amount as would be due on the basis of actual sales as set forth in paragraph six hereof, if the amount of actual sales be greater than the amount on which license fee was paid; or if the actual sales be less than such amount for any such semi-annual period, he shall, at the end thereof, be credited with the difference between the license fee paid in advance and the fee that would have been due on the basis of actual sales as set forth in paragraph six hereof; but such credit shall be made only on further license fees that may be payable by any such dealer. § 10. When payable. For portion of perioa. License for each place of business. All licenses provided for in this act shall be paid in ad- vance and shall terminate with December thirty-first and June thirtieth whichever date may first follow the date of issue. A proportionate charge shall be made, according to the number of months covered, for licenses issued for a portion of the semi-annual period, but in no case shall the fee be less than one-half of the semi-annual fee, excepting those issued to wholesale dealers as hereinabove provided in section nine of this act. A separate license shall be required for each place of business from persons owning or operating more than one establishment, except that the sale of fish from a vehicle by the holder of an exclusive retail fish dealer's license shall not require a peddler's license. Persons doing both a wholesale and retail business shall be required to take out both wholesale and retail licenses unless the total receipts of any such person amount to less than ten thousand dollars per annum', and any such person having total receipts of less than ten thousand dollars per annum shall be considered a retail dealer for licenses hereunder. § 11. Application. All licenses provided for in this act shall be issued by the state fish exchange hereinafter provided for, upon written ap- plication accompanied by proper fee, together with a certificate from the local health authorities, or other satisfactory assurance to "the effect that the state and local rules and regulations as to equipment and sanitary conditions have been complied with. 80 Aet3588,§§ 12-18 general laws. ' 1266 § 12. Licenses prepared "by state controller. The state controller shall prepare suitable license blanks, of the form and class designated by the state market director, which shall purport to license the holder to deal in fish. They shall be numbered consecutively, commencing with one, and shall provide spaces in which to insert the name of the person to whom issued, his business address, and the period covered. The con- troller shall deliver all licenses to the state market director, who shall thereupon sign and issue them in accordance with the terms of this act. § 13. License transferred, or assigned. Any license may be trans- ferred or assigned by the holder thereof upon payment of a transfer fee of five dollars; provided, notice shall be given in writing to the state fish exchange, hereinafter provided for, within ten days of such transfer or assignment. In such cases the original license shall be returned to the state fish exchange and canceled and a new license issued in lieu thereof for the unexpired portion of the original license, on payment of the fee named. If notice of transfer or assignment be not given, the license shall be invalid for any other person than the original licensee. § 14. Duplicate license. In the event of a license issued under the authority of this act being lost or accidentally destroyed, a duplicate license may be issued by the state fish exchange, hereinafter provided for, upon payment of a fee of five dollars. § 15. Display of license. Every license shall be conspicuously dis- played in the place of business for which it is issued, or upon request must be shown by any licensee having no established place of business. § 16. "State fish exchange" created. To carry out the provisions of this act, there is hereby created a "state fish exchange" as a department of the state commission market, created by chapter seven hundred 'thir- ten of the statutes of nineteen hundred fifteen, approved June 10, 1915, and of the state market commission created by the "state market com- mission act." The state fish exchange shall have a secretary who shall execute a bond to the people of the state of California in the sum of ten thousand dollars for the faithful performance of his duties. The state market director shall have authority, subject to the state civil service act, to appoint all emi)loyees of the state fish exchange necessary to carry out the provisions of this act and shall fix their compensation. § 17. Rules and regulations. The state market director shall estab- lish and enforce rules and regulations necessary for the proper carrying out of the provisions of this act. and shall print and distribute the same to ail i)ersons applying tlicrefor witlunit charge. § 18. "State fish exchange fund." There is hereby created a fund to be known as the "state fish exchange fund." On or before the tenth day of each month, the state fish exchange shall remit to the state treasury all moneys collected by said exchange under this act, during the preceding month. All such remittances shall be jjlaced to the credit of the state fisli excliange fund and said fund shall be kept separate aiui ajiart from other state moneys. All expenses of whatsoever nature iii.iirrcd liv said r-xidiange pursuant to the provisions of this act, in- 12(57 STATE MARKET COMMISSION, Act 3588, §§ 19-23 eluding the actual ami necessary traveling and other expenses of its enij)loyees incurred while on business of the exchange and including the ]ucmium and charge for bonds given by surety companies for employees of the exchange when required by the state market director or by the ])rovisions hereof, shall be paid from the said fund, after api)roval by tlie state market director, npon claims to be audited by the state board of control, except as provided in section nineteen of this act. § 19. Revolving fund. A revolving fund of five hundred dollars shall i)e established by the state board of control out of the state fish ex- change fund for expenses of the state fish exchange, other than salaries, rent and other regular expenses, and the state market director may ex- jiend such revolving fund without first procuring the authority of the board of control, but shall file vouchers therefor monthlj' with the board of control. § 20. Payments to state market commission fund. A sum equaling five per cent of the gross receipts of the state fish exchange shall be paid out of the state fish exchange fund, monthly, to the credit of the state commission market fund or in the event of the repeal of the act creating the state market commission fund, approved June 10, 1915, to the state market commission fund as a commission on the business of the state fish exchange, for services rendered it by the state market director. § 21. Educational and publicity campaigns. Any surplus over and above the expenditures of the state fish excliange in the state fish ex- change fund shall be expended by said exchange, under the direction of the state market director, in educational and publicity campaigns for the purposes of increasing the consumption of fresh food fish, and of enabling the public to obtain fish at reasonable prices. § 22. Fish exempted. Xothing in this act shall be construed as ap- plying to fish bought or sold for canning, curing or packing; or as requiring the payment of license fees by canners, curers, or packers of fish; or to fish caught by other than market fishermen; or to fish sold direct by fishermen to private consumers; or to fish caught in waters within the state privately owned, or to crustaceans or mollusks except that provisions of section seven as to destruction or diversion of food fish shall be of general application. § 23. License suspended or revoked. Any license issued under the authorit}' of this act may be suspended or revoked by the state market director in his discretion, as herein provided, or upon evidence that the holder thereof has been or is a violator of the provisions of section six of this act, authorizing the fixing of maximum prices on fish, or of the fish and game laws of the state, as evidenced by conviction in any court of competent jurisdiction; or any such license may be suspended in the discretion of the state market director for a period not to exceed thirty days for any violation of the rules and regulations provided for in section seventeen. Such suspension or revocation shall be made only after due notice of such intention has been given the offender and an opportunity given him to rebut the charge at a formal hearing by the Act 3588, §§ 2-J-27 general laws. 1268 state market director, at whicli hearing the accused shall be entitled to be represented by attorney. § 24. Statement of fish caught. The state market director may re- quire from any person engaged in marketing fish a written statement as to the amount and varieties of fish caught, or on hand, or sold by said person. Failure to furnish such statement on demand shall be good and sufficient grounds for the suspension of license issued under the provisions of this act, at the discretion of the state market director, for a period not exceeding thirty days. § 25. Seal. The state fish exchange shall have a seal bearing the inscription "state fish exchange, state of California, seal," which seal shall be afiixed to all instruments, including licenses, issued under the provisions of this act. §26. Investigations, (a) The state market director may make in- A'estigations concerning all matters relating to the provisions of this act. In connection therewith he shall have the right to inspect the books and records of any person engaged in marketing fish, and the state market director is hereby empowered to hear complaints, administer oaths, certify to all official acts, and to issue subpoenas for the attend- ance of witnesses and the production of papers, books, accounts, docu- ments and testimony in any inquiry, investigation, hearing or proceeding m any part of the state. (b) Subpoenas. The superior court in and for the county, or city and county, in which any inquiry, investigation or proceeding may be held by the state market director, shall have power to compel the attendance of witnesses, the giving of testimony and the production of papers, including books, accounts and documents, as required by any subpoena issued by the state market director. The court upon petition of the state market director shall enter an order directing the witness to aj)- pear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he had not attended and testified or produced said papers before the state market director. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the state market director, the court shall thereupon enter an order that said witness appear before the state market director at a time and place to be fixed in such order, and testify or produce the required papers, and upon failure to obey said order, said witness shalj be dealt with as for contempt of court. § 27. Penalty. Any violation of the provisions of section seven of this act as to destruction or diversion of food fish, of section nine as to licenses required, or of section ten as to license regulations, or of section fifteen requiring licenses to be displayed or shown, shall be a mis- rlf'Tiieanor punishable by a fine not exceeding five hundred dollars or liy imprisonment not exceeding ninety days, or by both such fine and iMi|irisoinnent. 1269 STEAM BOILERS. Act 3890, § 1 §28. Suits commenced, when. All prosecutions or suits brought un- der this act shall bo coninienced vvitliiii six months froni the time such olfense was eommittcd. §29. Annual report. The state market director shall make and sub- mit to the governor, on or before the first day of December* of each year, a report containing a full and complete account of the transactions and proceedings of the state fish exchange, for the preceding fiscal year, together with such facts, suggestions and recommendations as may be deemed of value to the people of the state. § 30. Constitutionality. If any section, subsection, sentence, clause or phrase of tliis act is for any reason held to be unconstitutional, such decision shall not atfect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irre- spective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. § 31. Repealed. All acts and parts of acts in conflict with tliis act are hereby repealed. TITLE 541a. STEAM BOILEES. ACT 3890. An act to provide for the periodical inspection of steam' boilers, with certain exceptions, operated in this state; requiring a permit, to be issued by the industrial accident commission, for the operation of such boilers; making it a misdemeanor to operate such boilers with- out such permit; and allowing an injunction against such operation without such permit where dangerous to the life or safety of em- ployees; providing for a hearing before the industrial accident commission prior to refusal of a permit; providing for the determi- nation of competency of inspectors making such inspections and requiring reports of inspections; and prescribing maximum fees for such inspections. [Approved May 9, 1917. 8tats. 1917, p. 297. In eflteet July 27, 1917.] § 1. Permit required to operate steam boiler. Violation. Injunction restraining operation. No steam boiler, unless exempted in the follow- ing section, shall be opjerated in the state of California unless there shall have been issued for the operation of such boiler a permit as hereinafter provided, and unless such permit shall remain in full force and effect. Such permit must be posted under glass in a conspicuous place on or near the boiler covered by it. The violation of this section by any person owning or having the custody, management or operation of such boiler without such permit shall be a misdemeanor and the operation of such boiler without such permit shall constitute a separate offense for each day that it shall be so operated; provided, that no prosecution shall be maintained where the issuance or renewal of such permit shall have been requested and shall remain unacted upon. If the oper- Act 3890, §§ 2, 3 general laws. 1270 ation of such boiler without such permit shall coustitute a serious men- ace to the lives or safety of persons employed about it, the industrial accident commission, a commissioner or any safety inspector thereof, or any person affected thereby, may apply to the superior court of the county in which such boiler is situated for an injunction restraining the operation of said boiler until such condition shall be corrected or such permit secured. The certification of the industrial accident com- mission that no permit exists for the operation of such boiler, and the affidavit of any such inspector that its operation constitutes a men- ace to the life or safety of any person or persons employed about it, shall be sufficient proof to warrant the immediate granting of a tempo- rary restraining order. § 2. Boilers exempt. The following boilers arc exempt from the pro- visions of this act: (1) Boilers under the jurisdiction or inspection of the United States government, and all other boilers operated by employers not subject to the workmen's compensation, insurance and safety act of 1917, and acts amendatory thereof. (2) Boilers of twelve horse-power or less, on which the pressure does not exceed fifteen pounds per square inch. (3) Automobile boilers and boilers on road motor vehicles. § 3. Inspection of steam boilers. Hearing. Temporary permits. The' industrial accident commission shall cause to be inspected, internally and externally, not less frequently than once in each year, every steam boiler subject to the provisions of this act. If such boiler be found upon such inspection to be in a safe condition for operation, a permit shall be issued by the commission for its operation for not longer than one year, which shall be the permit referred to in section one of this act. If any such inspection shall show such boiler to be in an unsafe or dangerous condition, the commission, or a commissioner, may issue a preliminary order requiring such repairs or alterations to. be made to such boiler as may be necessary to render it safe, and may order the use of such boiler discontinued until such repairs or alterations are made or such dangerous or unsafe conditions are remedied. Unless such preliminary order be complied with, a hearing before the commission, a commissioner or referee of such commission, shall be allowed, upon request, at which the owner, operator or other person in charge of said boiler shall have opportunity to appear and show cause why he should not comply with said order. If it shall thereafter appear to the com- mission that such boiler is unsafe and that the requirements contained in such preliminary order should be complied with, or that other things should be done to make said boiler safe, the commission may order or confirm the withholding of the permit to operate said boiler, and may make such requirements as it deems proper for the repair or alteration of said boiler, or tlie correction of such dangerous and unsafe conditions. Such order may thereafter be reheard by the commission, or reviewed by the courts, in the manner specified by the workmen's compensation, inHuranee and safety act (if l'.M7 for safety orders, and not otherwise. It may also, in its discix'tidii. issue and renew tenipdrary permits for 1271 STREETS. Act 3932, § 4 not to exceed thirty days each, pending the making of replacements or repairs. Nothing contained in this act shall be construed to limit the authority of the commission to prescribe or enforce general or spe- cial safety orders. § 4. Who may inspect. Certificate of competency. The commission may cause the inspection herein jirovided for to be made either by its safety inspectors or by any qualified boiler inspector employed by any county, city and county, city, or insurance company, or by any boiler inspector employed by any person or corporation for the purpose of testing his own boilers only; provided, that such persons malting in- spections other than such safety inspectors shall first secure from the said industrial accident commission a certificate of competency to make such inspections. The industrial accident commission is hereby vested with full power and authority to determine the competency of any applicants for such certificate, either by examination or by other sat- isfactory proof of qualifications. The commission may rescind at any time, upon good cause being shown therefor, any certificate of compe- tency issued by it to a boiler inspector, or may at anj' time, upon good cause being shown therefor, and after notice and an opportunity to be heard, revoke any permit to operate such steam boiler. § 5, Fees. The industrial accident commission shall fix and collect fees for the inspection of steam boilers covered by this act, not exceed- ing two dollars and fifty cents for each external inspection and seven dollars and fifty cents for each internal inspection per annum. Such fees must be paid before the issuance of any permit to operate the said boiler. No fee shall be charged by the industrial accident commission where an inspection, as herein provided, has been made by an inspector holding a certificate of competency from said commission and employed by any county, city and county, city, insurance company, or by any person or corporation for the purpose of testing his own boil- ers only. All fees collected by the commission under this act shall be paid into the accident prevention fund. § 6. Report of inspection. Every inspector so certified shall forward to the commission on the forms provided by it, within twenty-one days after such inspection is made, a report of such inspection, in default of which the certificate of competency may be canceled. TITLE 547. STREETS. ACT 3932. 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 the payment of such bonds. [Approved February 27, IS93. Stats. 1893, p. 33.] Amended 1899, p. 40; 1911, p. 1201; 1913, pp. 351, 845; 1917, p. KJO. The amendment of 1917 follows: §4. Street superintendent to certify unpaid assessments. Sufficient description of land. Street improvement bonds. After the full expira- Act 3932, § 4 GENERAL LAWS. 1272 tiou of thirty days from the date of the warrant, or if an appeal be taken to the city council, or an extension of time be granted the con- tractor in which to make his return as provided in section ten of said street work act, then five days after the final decision of said city council, or the expiration of the extension, or after the full expiration of thirtj^ days from the recording of a reassessment in the event that such be made, and after the street superintendent shall have recorded the return, and in the event that a reassessment is ordered, after all previous payments have been credited on the reassessment, the street superintendent shall make and certify to the city treasurer a complete list of all assessments unpaid, w^hich amount to twenty-five dollars or over upon any assessment or diagram number; and said treasurer shall thereupon make out, sign and issue to the contractor, or his assigns, payee of the warrant and assessment, a separate bond, representing upon each lot or parcel of land upon said list the total amount of the assess- ments or reassessments as the case may be, 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, upon the official map of said municipality, or upon any map on file in the office of the county re- corder of the county in which said municipality is situated, then it shall be in said bond a sufficient description of said lot or parcel of land to designate it by said number or block, or both, as it appears on said offi- cial or recorded map. Said bond shall be substantially in the following form: STREET IMPROVEMENT BOXD. Series (designating it) in the city (or other form of municipality) of (naming it). .$ No. . Under and by virtue of an act of the legislature of the state of Cali- fornia (title of said act), T, 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 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 assess- ment No. , issued by the street superintendent of said , after acceptance of said work, and recorded in his office (or if there has been a reassessment then the reference shall be to such reassessment). Its amount is the amount assessed in said assessment (or reasessment if such be made) against the lot or parcel of land numbered therein, and in the diagram attached thereto, as No. , and which now remains unpaid, but until paid, with accrued interest, is a first lien upon the ])roperty aflfected thereby, as the same is described herein, and in said recorded assessment with its diagram, to wit: Tliat certain lot or parcel of land in said of county of and state of California, described as follows: This bond is payable exclusively from said f'liinl :tiid neither \hv iimnicipnlity nor any officer thereof is to l)e holden for payment other- wise for its ])rincipal or interest. The term of tiiis bond is years 1273 STREETS. Act 3932, § 4 from the secoiul day of Jauiiary next succeeding its date, and at the expiration of said time the whole sum then uiii)aid shall be due and payable; but on the second day of January of each year after its datv? an even annual proportion of its whole amount is due and payable upon jiresentation of the coupon therefor until the whole is paid (or if said bonds are to extend over a period exceeding ten years from their date, insert in place of the last statement the following: But on the second day of January of each of the last ten years of the term of this bond an even one-tenth part of the whole amount of the principal of said bond shall be due and payable u])on presentation of the coupon there- for), 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 July in each year hereafter, upon presentation of the cou- pons 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. Should default be made in the annual pay- ment upon the principal, or in any payment of interest, by the owner of said lot or parcel of land, or anyone in his behalf, the holder of tliis 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 nine hundred . City treasurer of the of . in case the amount of the unpaid assessment or reassessment upon any lot or parcel of land shall be less than twenty-five dollars, then the same shall be collected as is provided in said street work act. If any person, or his authorized agent, shall at any time before the issuance of the bond for said assessment or reassessment upon his lot or parcel of land present to the city treasurer his aifidavit made before a com- petent officer, that he is the owner of a lot or parcel of land in said list, accompanied by the certificate of a searcher of records that he is such owner of record, and shall with such affidavit and certificate notify said treasurer in writing that he desires no bond to be issued for the assessment 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 re- tain his right for enforcing collection of said assessment or reassess- ment as if said lot or parcel of land had not been so listed by the street superintendent. The bonds so issued by said treasurer shall be payable to the party to whom they issue, or order, and shall be serial bonds, as is hereinbefore described, and shall bear interest at the rate specified in the resolution of intention to do said work. They shall have annual coupons attached thereto, payable in annual order on the second day of -Tanuary in each year after the date of the bonds until all are paid, or if the term of said bonds be more than ten years, then said coupons shall be payable on the second day of .January of each of the last ten years of the term of the bonds; 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 u]ion the second day of January or .Tnly, as the case may be. Act 3932a, § 3 general laws. 1274 next after its date, aud shall be for the interest accrued at fhat time, and the rest of which shall be for the semi-annual interest accruing from the second day of January or July, as the case may be. The owner of, or any person interested in, any lot or parcel of land upon which a bond has been issued, under the terms of this act, may at any time pay off such bond and discharge his land from the lien of the. assessment, by paying to the city treasurer for the holder of such bond the amount then unpaid on the principal sum thereof, and all interest thereon w^hich has accrued and is unpaid, together with the semi-annual installment of interest which will next become due thereafter, and in addition thereto, interest for six months at the rate specified in the bond upon the unpaid amount of the principal. The treasurer shall thereupon make an entry upon his bond register that such bond has been paid in full. When all the coupons of principal and interest are paid or the bond is surrendered or satisfied, the city treasurer shall report the fact to the street superintendent, who shall forthwith indorse the same on the margin of the record of the assessment to the credit of which the same is paid. The assessment upon which a bond is issued shall be a first lien upon the property affected thereby until the bond issued for the payment thereof and the accrued interest thereon shall be fully paid. Said bonds by their issuance shall be conclusive evidence of the regularity of all proceedings leading up thereto under said street work act and under this act, and of the validity of said lien. [Amendment approved April 24, 1917; Stats. 1917, p. 160.] ACT 3932a. An act to provide for the issuance of improvement bonds to represent and be secured by certain assessments made for the cost of certain work and improvements made in and upon streets, avenues, lanes, alleys, courts, places and sidewalks within municipalities and upon property and rights of way owned by municipalities, to provide for the collection of such assessments, the sale of the property affected thereby and for the payment of the bonds so issued. I Approved June 11, 1915. Stats. 1915, p. 1441.] Amended 1917; Stats. 1917, p. 209. § 3. Bonds payable when and where. Interest. Redemption fund. Register. Said bonds shall be issued in series and an even annual pro- portion of the aggregate principal sum thereof shall be payable on the second day of July every year succeeding the first nine months after their date, until the whole is paid, and the said bonds shall bear inter- est at a rate of not to exceed eight per cent per annum from the date of filing wilh the clerk of the street superintendent's list of unpaid assessments, on ail sums unpaid, until the whole of said principal sum and interest are paid, which interest sliall lie i)ayable semi-annually by coupon, on the second days of Janiiaiy and .Inly, respectively of each year; provided. Iliat llic (iis1 payiiiciit ol' interest shall not come due till six months liddn' I lie matniily of tli(^ first series of bonds. The final series or insia llincul nf said Ixiads shall mature and be iiayable on a date wliidi shall not cxccrd fourteen years from the second day 1^75 STREETS. Act 3932a, §§ 4, 5 of July next succeeding nine months from their date. Said bonds and interest shall bo paid at the office of the city treasurer of said munici- pality who shall keep a redemption fund designated by the name of said bonds, into which he shall place all sums received by him from the collection of the assessments made for the payment of the cost of the work or improvements upon which the said bonds arc issued, and of the interest and penalties thereon and from which fund he shall dis- burse and pay the said bonds and the interest due thereon upon presenta- tion of the proper bonds and 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, and last known holder of each bond, and the number and amount of each coupon of interest paid by him, and shall cancel and file each bond and coupon so paid. [Amendment approved May 4, 1917; Stats. 1917, p. 209.] § i. Kesolution of intention. When said city council shall determine that serial bonds shall be issued hereunder to represent the expense of any proposed work or improvement under said street work act it shall so declare in the resolution of intention to do said work and shall specify the rate of interest which they shall bear. The like description of said bonds shall be inserted in the resolution ordering the work, in the reso- lution of award and in all notices of said proceedings required by said act to be either posted or published, and also a like notice shall be entered in any warrant issued by the superintendent of streets to the contractor. Said bond declaration may be substantially in the following form: "Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of per cent per annum, will be issued hereunder in the manner provided by the improvement bond act of 1915, the last installment of which bonds shall mature years from the second day of- July next succeeding nine months from their date." [Amendment approved May 4, 1917; Stats. 1917, p. 210.] § 5. Street superintendent to file list of unpaid assessments. Notice of hearing. Objections. Advertisement for bids. Award to highest bidder. After the full expiration of thirty (30) days from the date of the warrant, or if an appeal be taken to the city council as provided in said street work act, then five (5) days after the final decision of said council, and after the street superintendent shall have recorded the return, the street superintendent shall make and file with the clerk of the city council a complete list of all assessments unpaid, upon any assessment or diagram number. Said clerk shall then give notice of the filing of said list and of a time, to be therein fixed by said clerk, when interested persons may appear before the city council and show cause why bonds should not be issued upon the security of the unpaid assess- ments shown on said list, which time shall be that of some regular meeting of said council. Such notice shall be posted for not less than five days on or near, the council chamber door and be published twice in a newspaper published in such city, if there be any, the first of which publications shall be not less than five days before the time fixed for such hearing. Eeference shall therein be made to the resolution of Act 3932a, § 6 general laws. 127G intention and the date of its passage for a description of the work therein mentioned and no other description thereof sTiall be necessary. The council shall hear any objection presented and shall pass upon the same and shall thereupon determi-ne the assessments which are unpaid and the aggregate amount of same. It may adjourn the hearing from time to time. Its decision shall be final. The citj' council shall then prescribe the denominations of such bonds, which shall be in convenient amounts not necessarily equal, and shall provide for issuance of same in annual series. Said bonds must be sold at a time to be fixed by the council, and to the highest bidder therefor, but for not less than par and accrued interest, and the proceeds of the sale shall be deposited in the city treasury. Before selling said bonds, or any part thereof, the city council must advertise for bids therefor, by publication once a week for at least two weeks in some newspaper of general circulation published in tife city, or if there is no such newspaper published in the city then bj' notice of sale, posted for at least two weeks on or near the council chamber door of said city. If satisfactory bids are received the bonds offered for sale must be awarded to the highest bidder. If no such bids are received or the council determines that the bids re- ceived are not satisfactory as to price or responsibility of the bidders the council may reject all bids received, if any, and either readvertise or deliver said bonds to the contractor in satisfaction of the sum due him upon his assessment and warrant. From the proceeds of any sale of said bonds, there shall be paid to such contractor the balance due him upon his assessment and warrant including interest upon the principal amount thereof at the rate specified in said bond declaration computed from the date of filing of said unpaid assessment list, and the surplus of such proceeds shall be credited to the redemption fund for the pay- ment of such bonds. The cost of such publications shall be paid from such redemption fund. [Amendment approved Mav 4, 1917; Stats. 1917, p. 211.] § 6. Form of bond. Said bonds shall each be substantially in the following form: IMPROVEMENT BOND. City (or other form of immicipality) of (naming it). .$ No. Under and by virtue of the act of the legislature of the state of Cali- fornia, entitled (title of this act) the of (a municipal cor- poration) will on the second day of July, 19 — , out of the redemptiou fund for the i)ayment of the bonds issued upon the assessments made for the work upon and improvements on certain streets (or on street, or in improvement district No. , or on certain rights of way owned by, or by other suitable description), more fully described in the certain resolution of intention passed by the city council (or other board) of said municipality on the day of , 19 — , pay to bearer, the sum of dollars ($ ) with interest thereon from the flay of , 19 — at the rate of per cent per annum, all as is here- inafter specified, and at the office .of the treasurer of said municipality. This bond is one of several aniiual series of bonds of like date, tenor and cfFect, but differing in amounts and maturities, issued by said 1277 sTKEKTs; Act 39;32a, ^^ 7, 12 iiiuiiici()alit y iniment thereof, in cases where any damage to private property would result from such improvement, and for tlio assessment of the costs, damages and exjienses thereof upon the projierfy benefited thereby, and to provide a system of local im- provement bonds to re[)res('nt the assessments for tli(> costs, damages 1279 • STREETS. Act 3937c, § 1 ami expenses of such improvement, and for tlic payment and effect of such bonds. [Approved Jnne l(i, J9i;j. tStats. 1913, p. 934.] Amended 1915, p. 1217; 1917, p. 970. The amendment of 1917 follows: The title of the act was amended to read as follows: An act to provide for the establishment and change of grade of public streets, lanes, alleys, courts, places and rights of way, and of any of the following avenues of public travel, namely, tunnels, subways, A'iaducts, bridges or independent subterranean ways in municipalities and providing for the construction or improvement thereof, in cases where any damage to private property would result from such im- provement, and for the assessment of the costs, damages and ex- penses thereof upon the property benefited thereby, and to provide a system of local improvement bonds to represent the assessments for the costs, damages and expenses of such improvement, and for the payment and effect of such bonds. The balance of the amendment is as follows: § 1. City may establish and change street grade, etc. Official grade already established. Whenever the public interest or convenience may require, the legislative body of any city is hereb}' empowered to establish or change or modify the grade of any public street, avenue, lane, klley, court, place or right of way in said city, or any portion thereof, and also the grade of the roadway of any of the following avenues of public travel, namely, tunnels, subways, viaducts, bridges or independent sub- terranean ways, in, on, under, over or through any public street, avenue, lane, alley, court, place or other land of the city, or in, on, under, over or through any land in which and where the city may then have an ease- ment or right of way therefor; and in any case when or 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, avenue, lane, alley, court, place or right of way or other land of the city, in which and where the city may then have an easement or right of way therefor, to be improved to conform to such official grade by grading or regrading, paving or repaving, planking or replanking, macadamizing or remacadamizing, piling or repiling, capping or recapping, graveling or regraveling, oiling or reoiling, sewering or resewering, sidewalking or residewalking, curbing or recurbing, guttering or reguttering, or by the construction, reconstruc- tion or repair of manholes, culverts, cesspools, conduits, crosswalks, steps, parking or parkways, or by the construction, reconstruction or repair of poles, posts, wires, conduits, lamps and other appurtenances for the lighting thereof; and also in any case where, in the opinion of said legislative body, any damage to private property would result from the construction, reconstruction or repair thereof, to order the construction, reconstruction or repair of any of the following avenues of public travel, namely, tunnels, subways, viaducts, bridges or independent subterranean ways, together with approaches thereto, and all appurtenances therefor, in, on, under, over or through any public street, avenue, lane, alley, court. Act 3937e, § 2 genekal laws. 1280 place or other laud of the city, or in, on, under, over or through any land in which and where the city has an easement or right of way therefor, to the grade established for the roadway of such tunnel, subway, viaduct, bridge or independent subterranean way, and order the construction, reconstruction or repair of stormwater ditches or tunnels, or break- waters, levees or walls of rock, or other materials, culverts, manholes, cesspools, conduits, subways, retaining walls, sewers, ditches, drains and channels for sanitary and drainage purposes, or either or both thereof, with necessary outlets, catch-basins, flush-tanks, septic tanks, connect- ing sewers and other appurtenances, to protect the streets, avenues, lanes, alleys, courts, places or rights of way, or any of the following avenues of public travel, namely, tunnels, subways, viaducts, bridges or inde- pendent subterranean ways which may be constructed as hereinabove provided, from overflow or injury by water or otherwise; and to order the doing of any other work which shall be necessary to improve the whole, or any portion of such street, avenue, lane, alley, court, place or other land of the city, or any of the following avenues of public travel, namely, tunnels, subways, viaducts, bridges or independent subterranean ways which may have been constructed, or which shall be constructed, under the proceedings provided in this act. This act shall apply equally in cases where the official grade of any public street, avenue, lane, alley, court, place or right of way, or of the roadway of any of the following avenues of public travel, namely, tunnels, subways, viaducts, bridges or independent subterranean ways, in, on, under, over or through any public street, avenue, lane, alley, court, place or other land of the city, or in, on, under, over or through any land in which and where the city may then have an easement or right of way therefor has previously been established or changed, and where such grade is established, modified or changed in whole or in part by the same proceedings bv which the improvement is ordered, if in the opinion of the legislative bod.y of the city, damage will result to private property from the making of the im- provement contemplated by the proceedings. [Amendment approved May 26, 1917; Stats. 1917, p. 971.] § 2. Resolution of intention. Boundaries of district. Before ordering any establishment, change, or modification of grade, or any improvement described in section one 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 improve- meii't, designating the proposed grade, describing the proposed improve- ment, fixing the time and place for the hearing of protests in relation thereto by said legislative body, which shall be not less than thirty days from the date of tlie passage of said ordinance or resolution of intention, and specifying the exterior bouiidaries of the district of land to be bene- fited by said imi)rovement, 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. Such legislative body may include in one improvement, under one ordinance or resolution of intention and order and under one contract, the grade of all or any por- tion of one or more streets, avenues, lanes, alleysj courts, places, rights of way or other land of the city, or land in which and where the city 1^81 STREETS. Act 3937c, 5; 3 h;is an easement or right of way, establislic.l, changed, or modified, and tlie grade of the roadway of any of the following avenues of iniblic travel, namely, tunnels, subways, viaducts, bridges or independent sub- terranean ways, in, on, under, over or through any portion of any of said streets, avenues, lanes, alleys, courts, places, rights of way or other Jand of the city, or land in which and where the city has an easement or right of way, established, changed or modified, and the construction of any one or more or all of the different kinds of work enumerated in section one hereof, upon the same or any part or portion thereof, and may exclude therefrom any of such work already done. [Amendment approved May 2fi, 1917j Stats. 1917, p. 972.] § 3. Ordinance posted and published. Publication of notice. Notice mailed property owner. Form of notice. "Unknown owners." Clerk's affidavit. Said ordinance or resolution of intention shall be conspicu- ously posted for two days on or near the chamber door of said legislative body and published by two irsertions in a daily or weekly newspaper published and circulated in said city, and designated by said legislative body for the purpose. If no such newspaper be so published and cir- culated in said city, such posting of said ordinance or resolution of in- tention shall be sufficient. The superintendent of streets shall thereupon cause to be conspicuously posted along all streets and pa^'ts of streets or other public places or rights of way, or along any land of the city or land in, on, under or over which the city has an easement or right of way where any work is to be done or improvement made, or in, on, under or over which any tunnel, subway, viaduct, bridge or independent sub- terranean way is to be constructed, at not more than three hundred feet apart, notices (not less than three in all) of the passage of such ordinance or resolution. Said notices shall be headed "Notice of street work" in letters not less than one inch in length, shall be in legible characters, and shall state the fact and date of the passage of said ordinance or resolu- tion 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 in general terms, and refer to the ordi- nance or resolution of intention for further particulars. He shall also cause a notice of similar substance to be published by two insertions in a daily newspaper published and circulated in said city, or, if there be no such daily newspaper, then by two successive insertions in a weekly or semi-weekly newspaper so published and circulated. If no such news- paper be so published and circulated in said city such notice shall also be 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 shall be completed at least ten days before the day set for the hearing of protests. The city clerk shall immediately upon the passage of said ordinance or resolution of intention mail, postage prepaid, to each prop- erty owner in the district to be assessed to pay the costs and expenses of the improvement, at his last known address as the same appears on tha tax-l'olls of said city, or, w^hore no address so appears, to the general delivery, a postal card, containing a notice, which shall be substantially in the following form (filling blanks): 81 Act 3937c, §§ 5, 46 general laws. 1282 You are hereby notified that on the day of , 19 — , the legisla- tive body of the city of — — , California, by virtue of the street improve- ment act of 1913, passed an ordinance (resolution) of intention numbered , for the improvement of street between and street. The time for filing protests will expire on the day of , 19 — , and protests will be heard on the - — — day of , 19 — , at the hour of in the council chamber of said city. Property belonging to you is within the assessment district for said improvement, and will be assessed therefor. For further information you are referred to said ordinance, and to the maps, profiles, plans and specifications on file in the office of the city engineer (or city clerk). City Clerk. If any lots or parcels of laud in the assessment district be assessed to "unknown owners" on the tax-rolls of said city, no such postal cards need be mailed to the owners thereof. The city clerk shall, upon the completion of the mailing of said postal cards, file in the office of the superintendent of streets an affidavit setting forth the time and manner of his compliance with this requirement; pro- vided, that the failure of the city clerk to mail said cards, or the failure of the property owners, or any of them, to receive the same, or the failure of the superintendent of streets to post the said notices of street work, or to post proper notices thereof, shall in no wise affect the valid- ity of the proceedings or prevent the legislative body from acquiring jurisdiction to order the said improvement; provided, however, that the city council may require affidavits to be filed showing the posting and mailing of said notices before it adopts the ordinance or resolution ordering the improvement. [Amendment approved Maj^ 2(3, 1917; Stats. 1917, p. 973.] § 5. Jurisdiction to order improvements. If no protests are filed at or before the time fixed for the hearing thereof by the ordinance or reso- lution of intention, or if protests are filed, and after hearing are denied, as a"bove provided, the legislative body shall have jurisdiction to order the establishment, change or modification of grade or other improve- ment described in the ordinance or resolution of intention. Having acquired such jurisdiction, it shall by ordinance or resolution order the establishment, change or modification of grade or such other improve- ment to be made, and refer the same to the commission hereinafter pro- vided for, to estimate the damages caused thereby, and report an assess- ment of said damages, and of all costs and ex-penses of the improvement, on the property benefited thereby. [Amendment approved May 26, 1917; Stats. 1917, p. 975.] § 46. Definitions, The following words and phrases shall, where used in this act, have the following meaning: 1. "Improvement." The term "improvement" includes all work, con- struction, reconstruction and improvements mentioned in section one of this act. 2. "City." The term "city" includes every incorporated city, city and county, or other corporation organized for municipal purposes. 1283 SURVEYOR-GENERAL. x\.Ct 3988, §§ 1, 2 ;'.. "City treasurer." The tonn "city treasurer" includes any officer who has charge and makes payment oi' the city funds. 4. "Superintendent of streets." 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 superintendent of streets, or such board, the legislative body is hereby authorized to designate some other officer of the city, or other person, to perform the duties imposed by this act on the superin- tendent of streets, and all of the provisions hereof applicable to the sui)erinlendeut of streets shall apply to the officer so designated. 5. "Owner." 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 protest 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 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 property under written contract of purchase, duly recorded. § 6. "Incidental expenses." The term "incidental expenses" shall be held to mean and include all 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 improve- ment for maps, diagrams, plans, surveys, the mailing of any notices, and other matters incident thereto. 7. "Delinquency." The term "delinquency" as herein used shall mean delinquency in the payment of an assessment made under the provisions of this act, and the expression "time of delinquency" shall mean the time in this act fixed when assessments become delinquent. [Amendment ap- proved May 26, 1917; Stats. 1917, p. 975.] TITLE 556. SUEVEYOR-GENEEAL. ACT 3988. An act providing for the regulation of land titles, and giving the sur- veyor-general certain powers in respect thereto. [Approved June 1, 1917. Stats. 1917, p. 1668.] § 1. Surveyor-general to investigate land titles. The surveyor-general, or a deputy of his department, may not more often than once in two years, visit the various counties of the state and inspect and investigate eonditions in respect to land titles. He shall annually report to the governor and shall, prior to each regular session, report to thfe legis- lature, making such recommendations as he shall deem proper and neces- sary. He is hereby authorized to consult with and to advise county registrars of land titles and to make such suggestions and recommenda- tions to the county registrars of land titles as he may deem desirable. § 2. Uniform blank forms. The surveyor-general or deputy may pre- pare and recommend for the use of the county registrars of land titles Acts 4035b, 4035c, § 1 general laws. 1284 and applicants for registration of land titles and of the courts hearing such applications, uniform blank forms to be used throughout the state. . TITLE 563. TAXATION. ACT 4035b. An act to establish a tax on gifts, legacies, inheritances, bequests, devises, successions and transfers, to provide for its collection and to direct the disposition of its proceeds; to provide for the en- forcement of liens created by this act and by any act hereby re- l^ealed and for* suits to quiet title against claims of liens arising hereunder or under an act hereby repealed, to be known as the "Inheritance Tax Act"; to repeal an act entitled "An act to estab- lish a tax on gifts, legacies, inheritances, bequests, devises, succes- sions and transfers, to provide for its collection, and to direct the disposition of its proceeds; to provide for the enforcement of liens created by this act and for suits to quiet title against claims of liens, arising hereunder; to repeal an act entitled 'An act to es- tablish a tax on gifts, legacies, inheritances, bequests, devises, suc- cessions and transfers; to provide for its collection, and to direct the disposition of its proceeds; to provide for the enforcement of liens created by this act and for suits to quiet title against claims of liens 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 pro- ceeds,' approved March 23, 1893, and all amendments thereto, and to repeal all acts and parts of acts in conflict with this act, approved March 20, 1905, and all amendments thereto, and all acts and parts of acts in conflict with this act," approved April 7, 1911. [Approved June 16, 1913. Stats. 1913, p. 1066.] Amended 1915, pp. 418, 435. Eepealed May 23, 1917; Stats. 1917, p. 880. See next act. ACT 4035c. An act to establish a tax on gifts, legacies, inheritances, bequests, de- vis'es, successions and transfers, to provide for its collection and to direct the disposition of its proceeds; to provide for the enforcement of liens created by this act and by any act hereby repealed and for suits to quiet title against claims of liens arising hereunder, or under an act hereby repealed, to be known as the "inheritance tax act"; and to repeal chapter live hundred ninety-five of the laws of the session of the legislature of California of 1913, approved June 16,' 1913, known as the "inheritance tax act," and all amendments thereto, and to repeal all acts and parts of acts in conflict with this act. [Approved May 23, 1iJ17. Sliits. 1917, p. SSO. In effect July 27, 1917.] §1. Title. (I) Tliis ;i<-f sh;ill be known as tlie "inlieritanee tax act." (2) "Estate" and "property." Wife's share of community property exempted. Tlic words "estate" and "iir()]ier1y" as used in tliis act shall 1285 TAXATION. Act 4035c, § 2 be taken to mean the real and personal property or interest therein of the testator, intestate, grantor, bargainor, vendor, or donor passing or transferred to individual legatees, devisees, heir, next of kin, grantees, donees, vendees, or successors, and shall include all personal property within or without the state; provided, that for the purpose of this act the one-half of the community property which goes to the surviving wife on the death of the husband, under the provisions of section one thousand four hundred two of the Civil Code, shall not be deemed to pass to her as heir to her husband, but shall, for the purpose of this act, be deemed to go, pass, or be transferred to her for valuable and adequate consid- eration and her said one-half of the community shall not be subject to the provisions of this act; provided, further, that in case of a trans- fer of community property from the husband to the wife, within the meaning of subdivisions (3) or (5) of section two of this act, one-half of the commuuity property so transferred shall not be subject to the provisions of this act; and provided, further, that the presumption that l)roperty acquired by either husband or wife after marriage is com- munity property, shall not obtain for the purpose of this act as against any claim by the state for the tax hereby imposed; but the burden of proving such property to be community property shall rest upon the person claiming the same to be community property. (3) "Transfer." The word "transfer" as used in this act shall be taken to include the passing of property or any interest therein, in pos- session or enjoyment, present or future, by inheritance, descent, devise, succession, bequest, grant, deed, bargin, sale, gift, or appointment in the manner herein described. (4) "Decedent." The word "decedent" as used in this act shall in- clude the testator, intestate, grantor, bargainor, vendor, or donor. (5) "County treasurer" and "inheritance tax appraiser." The words "county treasurer" and "inheritance tax appraiser," as used in this act, shall be taken to mean the treasurer or the inheritance tax appraiser of the county of the superior court having jurisdiction as provided in section fifteen of this act. §• 2. Tax on transfer of property, when. A tax shall be and is hereby imposed upon the transfer of any property, real, personal, or mixed, or of any interest therein or income therefrom in trust or otherwise, to persons, institutions or corporations, not hereinafter exempted, to be paid to the treasurer of the proper county, as hereinafter directed, for the use of the state, said taxes to be upon the market value of such property at the rates hereinafter prescribed and only upon the excess over the exemptions hereinafter granted, in the following eases: (1) When the transfer is by will or by the intestate or homestead laws of this state, from any person dying seized or possessed of the property while a resident of the state, or by any order of court setting apart property pursuant to article one, chapter five, title eleven, part three of the Code of Civil Procedure. (2) Tax on transfer of property, when. W'lieu the transfer is by will or intestate laws of property within this state and the decedent was a nonresident of the state at the time of his death, or by any order of Act 4035c, § 2 GENERAL LAWS. 1286 ' court setting apart property pursuant to article one, chapter five, title eleven, part three of the Code of Civil Procedure. (3) When the transfer is of property made by a resident, or by a nonresident when such nonresident's property is within this state, by deed, grant, bargain, sale, assignment or gift, made without valuable and adequate consideration (i. e., a consideration equal in money or in money's worth to the full value of the property transferred) : (a) Transfer in contemplation of death. In contemplation of the death of the grantor, vendor, assignor or donor, or, (b) Intended to take effect in possession or enjoyment at or after such death. When such person, institution or corporation becomes beneficially enti- tled in possession or expectancy to any property or the income there- from, by any such transfer, whether made before or after the passage of this act. (i) The words "contemplation of death," as used in this act, shall be taken to include that expectancy of death which actuates the mind of a person on the execution of his will, and in nowise shall said words be limited and restricted to that expectancy of death which actuates the mind of a person making a gift causa mortis; and it is hereby declared to be the intent and purpose of this act to tax any and all transfers which are made in lieu of or to avoid the passing of property transferred by testate or intestate laws. (5) Property held in joint names. Whenever property, real or per- sonal, is held in the joint names of two or more persons, or is deposited in banks or other institutions or depositaries in the joint names of two or more persons and payable to either or the survivor, upon the death of one of such persons, the right of the surviving joint tenant or joint tenants, person or persons to the immediate ownership or possession and enjoyment of such property shall be deemed a transfer taxable under the provisions of this act in the same manner as though the whole prop- erty to which such transfer relates belonged absolutely to the decease^l joint tenant or joint depositor and had been devised or bequeathed to the surviving joint tenant or joint tenants, person or persons, by such deceased joint tenant or joint depositor by will, excepting therefrom such part thereof as raaj' be proved by the surviving joint tenant or joint tenants to have originally belonged to him or them and never to have belonged to the decedent. (6) Appointment deemed transfer. Whenever any person, trustee or corporation shall exercise a power of appointment 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 prop- erty to which such appointment relates belonged absolutely to the donee of such power, and had been bequeathed or devised by such donee by will; and whenever any person, trustee or corporation possessing such 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 tax- able under the provisions of this act shall be deemed to take place to the extent of such omission or failure, ia the same manner as though l^S'^ . TA.\ATION. Act 4035c, § 3 the persons, trustees 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. (7) Bequest exceeding reasonable compensation. Whenever' a dece- dent ajjpoints or names one or more executors or trustees, and makes a bequest or devise of property to them in lieu of commissions or allow- ances, which otherwise would be liable to said tax, or appoints them his residuary legatees, and said bequest, devise, or residuary legacies exceeds 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 proceed- ings are pending shall fix the compensation. (8) Property transferred subject to charge determined by death of person. Where any property shall, after the passage of this act, be transferred subject to any charge, estate or interest, determinable by the death of any person, or at any period ascertainable only by refer- ence to death, the increase accruing to any person or corporation upon the extinction or determination of such charge, estate or interest, shall be deemed a transfer of property taxable under the provisions of this act in the same manner as though the person or corporation beneficially entitled thereto had then acquired such increase from the person from whom the title to their respective estates or interests is derived. (9) Aggregate value of more than one transfer. When more than one transfer within the meaning of anj' of the preceding subdivisions of this section has been made, either before or after the passage of this act, by a decedent to one person, the tax shall be imposed upon the aggregate market value of all of the property so transferred to such person in the same manner and to the same extent as if all of the prop- erty so transferred were actually transferred by one transfer. (10) No deductions of United States tax. In determining the mar- ket value of the property transferred, no deduction shall be made for any inheritance tax or estate tax paid to the government of the United States. §3. Lien. Suit within five years. Such taxes shall be and remain a lien upon the property passed or transferred until paid; provided, that said lien f*all be limited to the property chargeable therewith, and the person to whom the property passes or is transferred, and all admin- istrators, 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 provisions of the Code of Civil Pro- cedure relative to the limitation of time of enforcing a civil remedy shall not apply to any proceeding or action taken to levy, appraise, assess, determine, or enforce the collection of any tax or penalty pre- scribed by this article, and this section shall be construed as having been in effect as of date of the original enactment of the inheritance tax law; provided, that unless sued for within five years after they are due and legally demandable, such taxes, or any taxes accruing under Act4()35e, §§ 4, 5 general laws. 1288 any act herein repealed, shall cease to be a lien as against any bona fide purchaser of said propert}-; and, provided, that no such lien shall cease within two years from the date of the passage of this act. § 4, Tax when property value not over twenty-five thousand dollars. When the property or any beneficial interest therein so passed or trans- ferred 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 ancestor, lineal issue 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 acknowledged 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 descendent of a brother or sister of a decedent, a wife or widow of a son, or the hus- band of a daughter of the decedent at the rate of three 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 a descendant of a brother or sister of the father or mother of the decedent, at the rate of four per centum of the clear value of such interest in such property. (4) W^here the person or persons entitled to any beneficial interest in such property shall be in any other degree of collateral consanguinity than is hereinbefore stated or shall be a stranger in blood to the dece- dent, 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. § 5. Tax when property value exceeds twenty-five thousand dollars. (1) When the market value of sui-h property or interest passed or trans- ferred to any of the persons mentioned in subdivision one of section four exceeds twenty-five thousand dollars, the rates of tax upon such excess shall be as follows: (a) Upon all in excess of twenty-five thousand dollars and up to fifty thousand dollars, two per centum of such excess. (b) Upon all in excess of fifty thousand dollars and up to one hun- dred thousand dollars, four per centum of such excess. {(■) ITpon all in excess of one hundred tliousand dollars and up to two hundred thousand dollars, seven per centum of such excess. (d) Upon all in excess of two liuiidn'i! tlimisand dollars and up to five liiindred tlioiisaiid dollars, ten jici' (ciiluiii uf such excess. (e) T'jion all in excess of five hundred tliousand dollars and up to one million dollars, twelve per centum of such excess. 1289 TAXATION. Act 4035c, § 6 (f) Upon all in oxeess of one million dollars, fifteen per centum of such excess. (2) When the market value of such property or interest passed or transferred to any of the persons mentioned in subdivision two of sec- tion four exceeds twenty-five thousand dollars, the rates of tax upon such excess shall be as follows: (a) Upon all in excess of twenty-five thousand dollars and u]) to fifty thousand dollars, six per centum of such excess. (b) Upon all in excess of fifty thousand dollars and up to one hun-_ dred thousand dollars, nine per centum of such excess. (e) Upon all in excess of one hundred thousand dollars and up to two hundred thousand dollars, twelve per centum of such excess. (d) Upon all in excess of two hundred thousand dollars and up to five hundred thousand dollars, fifteen per centum of such excess. (e) Upon all in excess of five hundred thousand dollars and up to one million dollars, twenty per centum of such excess. (f) Upon all in excess of one million dollars, twenty-five per centum of such excess. (3) When the market value of such property or interest passed or transferred to any of the persons mentioned in subdivision three of section four exceeds twenty-five thousand dollars, the rates of tax upon such excess shall be as follows: (a) Upon all in excess of twenty-five thousand dollars and up to fifty thousand dollars, eight per centum of such excess. (b) Upon all in excess of fifty thousand dollars and up to one hun- dred thousand dollars, ten per centum of such excess. (e) Upon all in excess of one hundred thousand dollars and up to two hundred thousand dollars, fifteen per centum of such excess. (d) Upon all in excess of two hundred thousand dollars and up to five hundred thousand dollars, twenty per centum of such excess. (e) Upon all in excess of five hundred thousand dollars and up to one million dollars, twenty-five per centum of such excess. (f) Upon all in excess of ono million dollars, thirty per centum of such excess. (4) When the market value of such property or interest passed or transferred to any of the persons mentioned in subdivision four of section four exceeds twenty-five thousand dollars, the rates of tax upon such excess shall be as follows: (a) Upon all in excess of twenty-five thousand dollars and up to fifty thousand dollars, ten per centum of such excess. (b) Upon all in excess of fifty thousand dollars and up to one hun- dred thousand dollars, fifteen per centum of such excess. (c) Upon all in excess of one hundred thousand dollars and up to two hundred thousand dollars, twenty per centum of such excess. (d) Upon all in excess of two hundred thousand dollars and up to five hundred thousand dollars, twenty-five per centum of such excess. (e) Upon all in excess of five hundred thousand dollars, thirty per centum of such excess: §6. Exemptions allowed. The following exemptions from the tax are hereby allowed: Act 4035c, § 7 GENERAL LAWS. 1290 (1) All property transferred to societies, corporations, and institu- tions now or hereafter exempted by law from taxation, or to any public corpbration, or to any society, corporation, institution, or association of persons engaged in or devoted to any charitable, benevolent, educa- tional, public, or other like work (pecuniary profit not being its object or purpose), or to any person, society, corporation, institution, or asso- ciation of persons in trust for or to be devoted to any charitable, benevo- lent, education, or public purpose, by reason whereof any such person or corporation shall become beneficially entitled, in possession or ex- pectancy, to any such property or to the income thereof, shall be exempt; provided, however, that such society, corporation, institution or asso- ciation be organized or existing under the laws of this state or that the property transferred be limited for use within this state. (2) Property of the clear value of twenty-four thousand dollars, trans- ferred to the widow or to a minor child of the decedent, and of ten thousand dollars transferred to each of the other persons described in the first subdivision of section four, shall be exempt. (3) Property of the clear value of two thousand dollars, transferred to each of the persons described in the second subdivision of section four, shall be exempt. (4) Property of the clear value of one thousand dollars, transferred to each of the persons described in the third subdivision of section four, shall be exempt. (5) Property of the clear value of five hundred dollars, transferred to each of the persons and corporations described in the fourth sub- division of section four, shall be exempt. §7. Time of payment. Discount. Bond. (1) 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 execulors, administrators, or trustees do not pay such tax within eighteen months from the death of the decedent, they shall be required to give a bond for the payment of said tax, together with interest. (2) If estate not settled within eighteen months. The penalty of ten per cent per annum imposed by subdivision (1) of this section for the nonpayment of said tax, shall not be charged in cases where, in the judgment of the court, by reason of claims made upon the estate neces- sary 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 tlic death of the decedent; but in such cases seven per cent per aniiiiiii slmll ln' charged upon the said tax from the expiration of said oighleeii moiitlis nntil Iho cnn.'-o of sufh delay is removed, after which ten per cent interest per .niinim sliall agiiiii be charged until 1291 TAXATION. Act 4035c, § 8 the tax is puid; but litigation to defeat the payment of the tax shall not be considered necessary litigation. §8. Immediate appraisement and payment. (1) When any grant, gift, legacy, devise or succession upon which a tax is imposed by section two of this act shall be an estate, income, or interest for a term of years, or for life, or determinable upon any future or contingent event, or shall be a remainder, reversion, or other expectancy, real or personal, the entire property or fund by which such estate, income, or interest is supported, or of which it is a part, shall be appraised immediately after the death of the decedent, and the market value thereof determined, in the manner provided in section sixteen or seventeen of this act, and the tax prescribed by this act shall be immediately due and payable 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. (2) Encumbrances. In estimating the value of any estate or interest in property, to the beneficial enjoyment or possession whereof there are persons or corporations presently entitled thereto, no allowance shall be made on account of any contingent encumbrance thereon, nor on account of any contingency upon the happening of which the estate or property or some part thereof or interest therein might be abridged, de- feated or diminished; provided, however, that in the event of such encumbrance taking effect as an actual burden upon the interest of the beneficiary, or in the event of the abridgment, defeat or diminution of said estate or property or interest therein as aforesaid, a return shall be made to the person properly entitled thereto of a proportionate amount of such tax on accouiit of the encumbrance when taking effect, or so much as will reduce the same to the amount which would have been assessed on account of the actual duration or extent of the estate or interest enjoyed. Such return of tax shall be made in the manner provided by section eleven hereof upon order of the court having juris- diction. (3) Property transferred in trust. Bond. Return of property filed. Recovery on bond if security not renewed. When property is trans- ferred in trust or otherwise, and the rights, interest or estates of the transferees are dependent upon contingencies or conditions whereby they znay be wholly or in part created, defeated, extended, or abridged, a tax shall be imposed upon said transfer at the highest rate which, on the happening of any of the said contingencies or conditions, would be possible under the provisions of this act, and such tax so imposed shall be due and payable forthwith by the executors or trustees out of the property transferred; provided, however, that on the happening of any contingency whereby the said property, or any part thereof, is trans- ferred to a person or corporation exempt from taxation under the pro- visions of this act, or to any person taxable at a rate less than the rate imposed and paid, such person or corporation shall be entitled to a return of so much of the tax imposed and paid as the difference between the amount paid and the amount which said person or corporation should pay under the provisions of this act; such return of overpayment shall Act -10350, § 8 GENERAL LAWS. 1292 be made in the inauner provided by seetion eleven of this act, upon order of the court having jurisdiction; provided, that the person or per- sons or body politic or corporate beneficially interested in the property chargeable with said tax or the trustees thereof may elect not to pay the same until such person or persons, or body politic or corporate bene- ficially interested in such property shall come into the actual possession or enjoyment thereof, and in that case such person or persons or body politic or corporate or trustees shall execute a- bond to the people of the state of California in a penalty of twice the amount of said tax with such sureties as the said superior court may approve, conditioned for the payment of said tax and interest thereon at the rate of seven per cent per annum commencing at the expiration of eighteen months from the death of the decedent at such time or period as they or their represen- tatives may come into the actual possession or enjoyment of such prop- erty, and conditioned further, that if said bond be not renewed and the returns made as herein provided, the amount of said tax and interest thereon shall immediately become due and payable. Said bond shall be filed in the office of the county clerk of the proper county and a certifiod copy thereof shall be immediately transmitted to the state controller; provided, further, that such person or persons or body politic or cor- porate, or trustees, shall enter into such security within a period of ninety days after the entry of the order or decree fixing the inheritance tax charged against such transfer, or within such period thereafter as the court may in its discretion permit, and shall make a full and veri- fied return of such property to said court and file the same in the office of the county clerk within one year from the date of such order or decree fixing tax, and at such times thereafter as the court on the application of the state controller may require, and renew such security every five years after the date of the approval thereof. Upon the approval of said bond as herein provided, said tax shall cease to be a lien upon the property so transferred. If such security shall not be renewed before the expiration of each five-year period, said bond shall immediately become due and payable and if the same be not paid forth- with, the attorney general shall file an action in the name of the people of the state on the relation of the controller, to recover the same and the penalties thereunder and no demand for payment shall be necessary before tlie institution of such suit. W'henever it shall be made to appear to the satisfaction of the court that any surety on such bond or under- taking has for any reason become insufficient, the court may on motion of the state controller, after such notice to such person or persons, body jiolitic or corporate, or trustees as the court may require, order the giving of a new unTlertaking with sufficient sureties in lieu of such iiisufliclcnt undertaking. In case such new undertaking so required shall not be given witliin llic time required by such order, or in case the sureties thereon r.'iii fo justify llicreon wlien required, all rights obtained l)y the filing of sin'ii original nndcrtaldng, or subsequent undertaking, shall cease and 11i<' anicnint of s.'iid tax and intcMost llicreon sliall iiiiino- fliatoly l)econH' (bir and payaliie. CI) Estates in expectancy. Estates in expectancy vvhicli are confin- gcnt or defeasible and in vvliicli jiroceedings for the determination of the 1293 TAXATION. Act 4035c, § 9 tax liavo not been taken or where the taxation thereof has been held in abeyance, shall be appraised at their full, undiminished value when the persons entitled thereto shall come into the beneficial enjoyment or possession thereof, without diminution for or on account of any valu- ation theretofore made of the j)articu]ar estates for purposes of taxation, upon which said estates in expectancy may have been limited. (5) Estate that can be divested by act of legatee or devisee. Where an estate or interest can be divested by the act or omission of the legatee or devisee it shall be taxed as if there were no possibility of such divesting. (6) Future or contingent estate. Determination of value. The value of every future, or contingent or limited estate, income or interest, shall, for the purposes of this act be determined by the rule, methods and standards of mortality and of value that are set forth in the actu- aries' combined experience tables of mortality for ascertaining the value of policies of life insurance and annuities and for the determination of the liabilities of life insurance companies, save that the rate of interest to be assessed in computing the present value of all future interest and contingencies shall be five (5) per cent per annum. The insurance commissioner shall without a fee on the application of any superior court or of any inheritance tax appraiser determine the value of any future or contingent estate, income or interest therein limited, con- tingent, dependent or determinable upon the life or lives of persons in being, upon the facts contained in any such appraiser's application or other facts to him submitted by said appraiser or said court and certify the same in duplicate to such court or appraiser, and his cer- tificate thereof shall be conclusive evidence that the method of com- putation therein is correct. When an annuity or a life estate is termin- ated by the death of the annuitant or life tenant, and the tax upon such interest has not been fixed and determined, the value of said interest for the purpose of taxation under this act shall be the amount of the annuity or income actually paid or payable to the annuitant or life tenant during the period for which such annuitant or life tenant was entitled to the annuity or was in possession of the life estate. §9. Collection of tax by administrator, (1) Any administrator, ex- ecutor, 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, admin- istrator, 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 af^plication to the superior court to make an apportionment, if the case require it. Act 4035c, §§ 10, 11 GENERAL LAWS. 1294 of the sum to be paid iuto his hands by such legatees, and for such further order relative thereto as the case may require. (2) Sale of property to pay tax. 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. (3) Payment within thirty days. 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. § 10. Treasurer's receipt. Upon the payment to any county treasurer of any tax due under this act, such treasurer shall issue a receipt there- for, in triplicate, one copy of which he shall deliver to the person pay- ing said tax, and the original and one copy thereof he shall immediately send to the controller of state, whose duty it shall be to charge the treasurer so receiving the tax with the amount thereof, and said con- troller shall retain one of said receipts and the other he shall counter- sign and seal with the seal of his office, and immediately transmit to the clerk of the court fixing such tax. And an executor, administrator, or trustee shall not be entitled to credits in his accounts, nor be discharged from liability for such tax, nor shall said estate be distributed, unless a receipt so sealed and countersigned by the controller, or a copy thereof, certified by him, shall have been filed with the court. Any person shall, upon payment to the county treasurer of the sum of fifty cents, be enti- tled to a duplicate, or copy, of any receipt that may have been given by said treasurer for the payment of any tax under this act. §11. Refund of tax. (1) If any debts shall be proved against the estate of a decedent after the jjayment of any legacy or distributive share thereof, from which any such tax has been deducted or upon which it has been paid by the person entitled to such legacy or distributive share, and such person is required by order of the superior court having jurisdiction, on notice to the state controller, to refund the amount of such debts or any part thereof, an equitable proportion of the tax shall be repaid to him by the executor, administrator or trustee, if the tax has not been paid to the county treasurer; or if such tax has been paid to such county treasurer, such officer shall refund out of any inheritance tax moneys in his hands or custody such equitable proportion of the tax, and credit himself with the same in the account required to be rendered by him under this act. (2) Assessing tax on amount wrongfully deducted. Where it shall be proved to the .satisfaction of the superior court that deductions for debts were allowed upon the ajipraisal, since proved to have been erroneously allowed, it shall be lawful for such superior court to enter an order assesHiuu the tax upon tlie amount wrongfully or erroneously deducted. (?,) Refund of tax when order modified or reversed. Application within one year. If, after the payment of any tax in pursuance of an 1295 TAXATION. Act 4035c, § 12 order fixing such tax, made by the superior court having jurisdiction, such order be modified or reversed by the superior court having juris- diction within two years from and after the date of entry of the order fixing the tax, or be modified or reversed at any time on an appeal taken therefrom within the time allowed by law on 'due notice to the state controller, the county treasurer shall refund to the executor, admin- istrator, trustee, person or persons by whom such tax was paid, the amount of any moneys paid or deposited on account of such tax in excess of the amount of tax fixed by the order modified or reversed, out of any inheritance tax moneys in his hands or custody, and ci-edit himself with the same in the account required to be rendered by him to the con- troller on his semi-annual settlement; but no application for such refund shall be made after one year from such reversal or modification, unless an appeal shall be taken therefrom, in which case no such application shall be made after one year from the final determination on such appeal or of an appeal taken therefrom, and the representatives of the estate, legatees, devisees or distributees entitled to any refund under this section shall not be entitled to any interest upon such refund, and the state controller shall deduct from the fees allowed by this act to the county treasurer the amount theretofore allowed him upon such overpayment. (4) Refund of tax erroneously paid. When any amount of said tax shall have been erroneously paid, the superior court having jurisdiction, on application after notice to the state controller, and on satisfactory proof to it, shall by order require the county treasurer to refund and pay to the executor, administrator, trustee, person or persons who had paid any such tax in error the amount of such tax so erroneously paid; provided, that all applications for such repayment of such tax so errone- ously paid shall be made within one year of the date of the entry of the order fixing tax or of the decree of final distribution of the estate. Such refund shall be made by said treasurer out of any inheritance tax moneys in his hands or custody and he shall credit himself with the same in the account required to be rendered by him to the controller on semi- annual settlement; and the state controller shall deduct from the fees allowed by this act to the county treasurer the amount theretofore allowed him upon such erroneous payment. (5) Pending proceedings. This section, as amended, shall apply to appeals and proceedings now pending and taxes heretofore paid in rela- tion to which the period of one year from such reversal or modification has not expired when this section, as amended, takes effect. §12. Examination of books, etc. Penalty for divulging information. (1) Whenever the state controller shall have reasonable cause to believe that a tax is due under the provisions of this act, upon any transfer of any property, and that any person, firm, institution, company, asso- ciation or corporation has possession, custody or control of any books, accounts, papers or documents relating to or evidencing such transfer, the state controller or inheritance tax attorney, or any assistant inherit- ance tax attorney of the inheritance tax department, is hereby authorized and empowered to inspect the books, records, accounts, papers and docu- ments of any such person, firm, institution, company, association or cor- Act 4035c, § 13 GENERAL LAWS. 1296 poration, including the stock transfer book of any corporation, for the purpose of acquiring any information deemed necessary or desirable by said state controller or such inheritance tax attorney or assistant inheritance tax attorneys, for the proper enforcement of this act, and for the collection of the full amount of tax which may be due the state hereunder. Any and all information acquired by said state controller or said inheritance tax attorney or assistant inheritance tax attorneys shall be deemed and held by said state controller and said inheritance tax attorney and assistant inheritance tax attorneys and each of them, as confidential, and shall not be divulged, disclosed or made known by them or any of them excejit in so far as may be necessary for the enforce- ment of the provisions of this act. Any controller or ex-controller, or inheritance tax attorney or ex-inheritance tax attorney, or assistant inheritance tax attorney or ex-assistant inheritance tax attorney, who shall divulge, disclose or make known any information acquired by such inspection and examination aforesaid, except in so far as the same may be necessary for the enforcement of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than two hundred fifty d"bllars nor more than five hundred dol- lars, or be imprisoned in the county jail for not more than ninety days, or both. (2) Penalty for refusing to permit exa^mination. Any officer or agent of any firm, institution, company, association or corporation having or keeping an office within this state, who has in his custody or under his control any book, record, account, paper or document of such firm, insti- tution, company, association or corporation, and any person having in his custody or under his control such book, record, account, paper or document who refuses to give to' the state controller, or said inheritance tax attorney, or any of said assistant inheritance tax attorneys, lawfully demanding, as provided in this section, during office hours to inspect or take a copy of the same, or any part thereof, for the purposes herein- above provided, a reasonable opportunity so to do, shall be liable to a penalty of not less than one thousand dollars nor more than twenty thousand dollars, and in addition thereto shall be liable for the amount of the taxes, interest and penalties due under this act on such transfer, and the said penalties and liabilities for the violation of this section niav be enforced in an action biougbt by the state controller in any court of coiiiiictent jurisdiction. §13. Consent of controller to transfer of decedent's stock. (1) No corporation organized or existing under the laws of this state, shall trans- fer on its books or issue a new certificate for any share or shares of its caj)ital stock belonging to or standing in the name of a decedent or in trust for a decedent or belonging to or standing in the joint names of a decedent and one or iiiorc persons, without the written consent of the state controller or person by him in writing authorized to issue such consent. (2) Trust companies, etc., to retain amount to pay tax. Notice of transfer. Xo safe deposit company, trust company, corporation, bank or otlier insi it\it ion, person or persons ha^iiig in possession or under 1297 TAXATION. Act 4035c, §14 control or custody or inuler partial control or partial custdly securities, deposits, assets or property belonging to or standing in the name of a decedent who was a resident or nonresident, or belonging to, or standing in the joint names of such a decedent and one or more persons, including the shares of the capital stock of, or other interest in, the safe deposit company, trust company, corporation, bank or other institution making the delivery or transfer herein provided, shall deliver or transfer the same to the executors, administrators or legal representatives, agents, deputies, attorneys, trustees, legatees, heirs, successors in interest of said decedent or to any other person or persons, or to the survivor or survivors when held in the joint names of a decedent and one or more persons, or upon their order or request, without retaining a sufficient portion or amount thereof to pay any tax and interest which may there- after be assessed thereon under this act and unless notice of the time and place of such delivery or transfer be served upon the state controller and county treasurer at least ten days prior to said delivery or transfer; provided, that the state controller, or person by him in writing author- ized so to do, may consent in writing to said delivery or transfer, and such consent shall relieve said safe deposit company, trust company, corporation, bank or other institution, person or persons from the obliga- tion hereunder to give such notice or to retain any portion of said securities, deposits or other assets in their possession or control. And it shall be lawful for the state controller or county treasurer, personally or by representatives, to examine said securities, deposits or assets at the time of said delivery or otherwise. (3) Penalty for failure to comply. Failure to comply with the provi- sions of this section shall render such safe deposit company, trust com- pany, corporation, bank or other institution, person or persons, liable to a penalty of not more than twenty thousand dollars, and in addition thereto said safe deposit company, trust company, corporation, bank or other institution, person or persons shall be liable for the amount of the taxes, interest and penalties due under this act on said securities, de- posits, or other assets above mentioned, and said penalties and liabili- ties of said safe deposit company, corporation, bank or other institution, person or persons for the violation of this section may be enforced in an action brought by the state controller in any court of competent juris- diction. § 14. Inheritance tax appraisers. Penalty for taking other than fee allowed. The state controller shall appoint, and may at his pleasure remove, one or more persons in each county of the state to act as in- heritance tax appraisers therein. Every such inheritance tax appraiser (in addition to any fees paid him as appraiser under section one thousand four hundred forty-four of the Code of Civil Procedure) shall be paid for his services out of any inheritance tax mone_ys in the hands of the treasurer of the county in which he may be acting, a reasonable compen- sation, to be fixed by the superior court of said county, or a judge thereof, and, together with said compensation, said appraiser sliall be allowed his actual and necessary traveling and other incidental expenses, and the fees paid such witnesses as he shall subpoena before him, said ex- 82 Act4035e, §§ 15, 16 general laws. 1298 penses aud fees to be allowed by said superior court or a judge thereof; provided, that any claim for any such services or expenditure, must before payment, first receive the approval of the state controller; and provided, further, that in any probate proceeding in which the executor or administrator shall have failed to have had the inheritance tax ap- praiser act as one of the appraisers under section one thousand four hundred forty-four of the Code of Civil Procedure and to have paid him his fees therefor, the expense of making the inheritance tax appraisement in this act provided for shall be paid out of said estate, and the executor or administrator thereof shall be liable for said fee. Any such appraiser who shall take any fee or reward, other than such as may be allowed him by law, 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 con- viction thereof shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, or be imprisoned in the county jail ninety days or both, and in addition thereto the court shall dismiss him from such service. § 15. Jurisdiction of superior court. The superior court in the county in which is situate the real property of a decedent, who was not a resi- dent 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 rela- tion to the tax arising under the provisions of this act; the court first acquiring jurisdiction hereunder shall retain the same, to the exclusion of every other; provided, that the superior court having acquired juris- diction in probate of the estate of a decedent shall hear and determine in said probate proceedings ail questions in relation to any tax arising under the provisions of this act: (a) Upon property passing in said pro- bate proceedings, (b) Upon any other property transferred, within the meaning of subdivision three of section two or any other provisions of this act, to any person, institution or corporation taking any property under and by virtue of said probate proceedings. § 16. Appointment of inheritance tax appraisers in pro^bate proceed- ings. Powers of referee. Witnesses. Evidence. Report to superior court. (1) When any superior court, having jurisdiction in probate of the estate of any decedent, or a judge of such court, shall, in accordance with section one thousand four hundred forty-four of the Code of Civil Procedure, appoint the appraiser or appraisers in said section provided for, said superior court or judge thereof shall also at the same time designate and appoint an inheritance tax appraiser (unless such designa- tion and appointment be previously made) to ascertain and report to said superior court the amount of inheritance tax due upon any property passing in said probate jirocecding, or a lien thereon, or upon any other property transferred within the meaning of subdivision (3) of section two of this act, or under any other provision of this act, to any person, institution or corporation taking ])ropcrty under and by virtue of said probate proceedings, together with such other or additional information 1299 TAXATION. Act 4035c, §16 as shall assist said court iu the determination of said tax. Thereupon said inheritance tax appraiser shall have all the powers of a referee of said superior court, and shall have jurisdiction to require the attendance before him of the executor or administrator of said estate, or any person interested therein, or any other person whom he may have reason to be- lieve possesses knowledge of the estate of said decedent, or knowledge of any property transferred by said decedent within the meaning of this act, or knowledge of any facts that will aid said appraiser or the court in the determination of said tax. For the purpose of compelling the attendance of such person or persons before him, and for the purpose of appraising any property or interest subject to, or liable for any in- heritance tax hereunder, and for the purpose of determining the amount of tax due thereon, the said inheritance tax appraiser is hereby author- ized to issue subpoenas compelling the attendance of witnesses before him. Any person or persons who shall be served with a subpoena, issued by said inheritance tax appraiser, to appear and testify or to produce books and papers, and who shall refuse and neglect to appear and testify or to produce books and papers relevant to such appraisement, as commanded in such subpoena, shall be guilty of a contempt of court. And he may examine and take the evidence of such witnesses or of such executor or administrator, or other person under oath concerning such property and the value thereof, and concerning the property or the estate of such decedent subject to probate, and concerning any transfer made by such decedent within the meaning of this act. Upon the completion of his inheritance tax appraisement in any probate proceeding, the inheritance tax appraiser shall make a rei)ort in writing to the superior court of the clear market value of the several interests in the estate of the decedent, and shall report the amount of inheritance or transfer tax chargeable against, or a lien upon such interests, acquired by virtue of said probate proceedings or by any transfer within the meaning of this act, to any person, institution or corporation acquiring any property by virtue of said probate proceedings together with such other facts as may advise the court in regard thereto, or which the court may require, and may return to said superior court such depositions as he may have had reduced to writing, exhibits, or other testimony or information taken before him, or submitted to him. (2) Notice of filing report. Order confirming report. Hearing olsjec- tions. Upon the filing of said report said appraiser shall mail a copy thereof to the state controller and the clerk of said superior court shall on said day or the next succeeding judicial day give notice of such filing to all persons interested in such proceedings by causing notices to be posted in at least three public places in the county, one of which must be the place where the court is held, and in addition thereto shall mail to the state controller and to all persons chargeable with any tax in said report who have appeared in such proceeding, a copy of said no- tice. At any time after the expiration of ten days thereafter, if no objection to said report be filed, the said superior court or a judge there- of, may, without further notice give and make its order confirming said report and fixing the tax in accordance therewith. At any time prior to the making of said order, any person interested in said proceeding Act 4035c, § 17 GENERAL LAWS. 1300 (including the state controller) may file objections in writing to said report. Thereupon said superior court shall, by order, fix a time, not less than ten days thereafter, for the hearing thereof, and shall direct the clerk of said superior court to give such notice thereof as it shall deem neecssary; provided, that a copy of such notice and of such objec- tions shall be forthwith mailed to the state controller, county treasurer and inheritance tax appraiser. Upon the hearing of said objections, said court may make such order as to it may seem meet and proper in the premises. (3) Order that no inheritance taxes due. If, upon examination of the executor or administrator of said estate or other persons familiar with the affairs of such decedent, or from other information before him, it shall appear to the inheritance tax appraiser that there is no inheritance tax due out of said estate or a lien upon any property or interest therein, said appraiser may so certify to the superior court, and at any time thereafter, if no objection to said certificate shall have been filed, said superior court or a judge thereof may, without further notice, make an order or decree that there are no inheritance taxes due out of said estate or upon any interest therein or may make such different order as may to it seem meet in the premises. Such order shall be conclusive only as to such property as may have been returned in the inventory or inventory and appraisement in said probate proceedings. § 17. Determination of taxability of transfer. Examination by appraiser. Report of findings. Service. Hearing by court. (1) If it shall appear to the superior court upon petition of the state con- troller that any transfer has been made within the meaning of this act, and the taxability thereof and the liability for such tax and the amount thereof have not been determined, and that no pro- ceedings are pending in any court in this state wherein the taxabil- ity of such transfer and the liability therefor and the amount thereof may be determined, said court shall issue a citation ordering and direct- lug the persons who may appear liable therefor or known to own any interest in or part of the property transferred, to appear before said court or before an inheritance tax appraiser to be designated by said order at a time and place in said order named, not less than ten days nor more than one year from the date of such order, to be examined, under oath by said court or by said appraiser as the case may be, concerning Buid transfer and all facts connected therewith, and concerning the prop- erty transferred and the character and value thereof. If said person or persons shall be directed to appear before said ap- praiser said appraiser sliall, at the time and place in said order named, or at such time and place to which said appraiser may adjourn said hear- ing, proceed to examine said person or persons and such witnesses as said appraiser may subpoena before him, and for the purpose of said hearing, and for tlie purpose of ascertaining any facts concerning the taxability of said transfer or any taxes due on account of such transfer, said appraiser siiall have the powers of a referee of said court, and is hereby authorized to issue subpoenas conii)elling the attendance of witnesses before him, and to administer oath, and to take tiie evidence of sucli witnesses under oatli concerning such in'opcrty ;iiid tlie value tlicreof 1301 TAXATION. Act 4035e, § 17 aud coneeruiiig such trausfer. iSaid appraiser shall report to said court his fiiulings and conclusions in relation to said transfer and said tax, and may return to said court, any depositions, exhibits or other testi- mony or information taken before him or exhibited to him. The proce- dure subsequent to the filing of said report shall conform to subdivision (2) of section sixteen of this act. Except as herein otherwise provided, the service of such citation aud the time, manner and proof thereof, and the hearing and determination tliereon, and the hearing and determination upon the facts returned in such report, and the enforcement of the determination or decree, shall conform to the provisions of chapter twelve, title eleven, part three of the Code of Civil Procedure, and the clerk of the court shall, upon th© request of the state controller, furnish, without fee, one or more tran- scripts of such decree, and the same shall be docketed and filed by the county clerk of any county in the state, without fee, in the same manner and with the same effect as provided by section six hundred seventy-four of said Code of Civil Procedure for filing a transcript of an original docket. The superior court may hear the said cause upon the relation of the parties and the testimony of wdtuesses, and evidence produced in open court, and, if the court shall find said property is not subject to any tax, as herein provided, the court shall, by order, so determine; but if it shall appear that said property, or any part thereof, is subject to any such tax, the same shall be appraised and taxed as in other cases. (2) Petition to determine taxability. Compensation of appraiser. Verified petitions may be filed by any interested party with the superior court, alleging and admitting that a transfer within the meaning of this act has been made and the taxability thereof and the liabilfty for such tax and the amount thereof have not been determined, and that no proceedings are pending in any court in this state wherein the taxability of such transfer and the liability therefor and the amount thereof, may be determined, and that the petitioner desires such determination and desires to pay said tax, if any be due. Upon the filing of such petition the superior court or a judge thereof shall by order designate and appoint an inheritance tax appraiser to ascertain and report to said court the amount of the inheritance tax, if any, due by said petitioner on account of such transfer, and shall fix a time and place, not less than ten days thereafter, for the hearing of said matter before said inheritance tax appraiser, a copy of which peti- tion and order shall be forthwith mailed to the state eorttroller, and shall refer to said petition and said matter to said inheritance tax appraiser who shall have all of the powers of a referee of said court, including the powers prescribed in subdivision (1) of section sixteen of this act. The procedure subsequent to said reference to said appraiser shall conform to the provisions of subdivisions (1) and (2) of section sixteen of this act. In the event that final judgment is rendered in said proceeding, ascer- taining and determining that no inheritance tax is due on account of said transfer or that the amount of the tax to which said transfer is liable is less than twenty dollars the court shall, in addition to the Act 4035e, § 17 general laws. 1302 amount of the tax, if any, include in such judgment and assess against the petitioner reasonable compensation for said inheritance tax appraiser, not exceeding the sum of ten dollars, and the necessary traveling and incidental expenses of said appraiser. (3) Action to quiet title. Hearing by appraiser. Judgment in favor of state. Actions may be brought against the state by any interested person for the purpose of quieting the title to any property against the lien or claim of lien of any tax or taxes under this act, or for the pur- pose of having it determined that any property is not subject to any lien for taxes nor chargeable with any tax under this act. No such action shall be maintained where any proceedings are pending in any court in this state wherein the taxability of such transfer and the lia- bility therefor and the amount thereof may be determined. All parties interested in said transfer and in the taxability thereof shall be made parties thereto and any interested person who refuses to join as plaintiff; therein may be made a defendant. Summons for the state in said action shall be served upon the state controller. At any time after issue is joined in such action the court, on its own motion, or upon the motion of any interested party, may by order appoint and designate an inheritance tax appraiser to hear said matter and report to the court thereon and shall in such order fix a time and place for the hearing of said matter before said inheritance tax appraiser, and direct notice of such time and place to be given in such manner as the court shall deem proper, and shall refer said matter to said inheritance tax appraiser who shall have all of the powers of a referee of said court, in- cluding the powers prescribed in subdivision (1) of section sixteen of this act. The procedure subsequent to said reference to said appraiser shall conform to the provisions of subdivisions (1) and (2) of section sixteen of this act. Should the court determine that the property described in the com- plaint is subject to the lien of said tax and that said property has been transferred within the meaning of this act, the "ourt shall award affirma- tive relief to the state in said action, and judgment shall be rendered therein in favor of the state, ascertaining and determining the amount of said tax, and the person or persons liable therefor, and the property chargeable therewith or subject to lien therefor, and shall assess against such person or persons reasonable compensation for said inheritance tax appraiser and his necessary traveling and incidental expenses. (4) Actions conunenced, where. Actions under this section shall be commenced in thfc superior court of the county in which is situated any part of any real property against which any lien is sought to be en- forced, or to which title is sought to be quieted against any lien, or claim of lien; hut 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 count}' which has or which had jurisdiction of the administration of the estate of tlie decedent mentioned herein. (')) No fees charged. No fee shall be charged said state controller ])y any public ofTiccr iTi tliis state for the filing or recording of any petition, lis jiendens, decree or order, or for the taking of oaths or acknowledgments in any proceeding taken under this act; nor shall any 1303 TAXATION. Act 4035c, §§ 18-21 undertaking be required from or costs charged against the state con- troller or the state of California in any such proceeding. § 18. Orders have force of judgments in civil actions. The orders, decrees and judgments fixing tax or determining that no tax is due, mentioned in this act, shall have the force and effect of judgments in civil actions. Except as otherwise herein provided, the iirovisions of the Code of Civil Procedure relative to judgments, new trials, appeals, attachments and execution of judgments, so far as applicable, shall govern all proceedings taken under this act. Nothing in this section shall preclude the state from relief herein provided for, which may be inconsistent with the provisions of the Code of Civil Procedure. § 19. Taxes paid to state treasurer. The treasurer of each county shall collect all taxes and moneys that may be due and payable under this act and pay the same to the state treasurer (excepting such moneys as he may pay out from time to time pursuant to the provisions of this act) and the state treasurer shall give him a receipt therefor; of which collection and payment he shall make a report, under oath, to the con- troller, between the first and fifteenth days of May and December of each year, stating for what estate paid, and in such form and containing such particulars as the controller may prescribe; and for all such taxes collected by him and not paid to the state treasurer by the first day of June and January of each year he shall pay interest at the rate of ten per centum per annum. § 20. Percentage of tax retained by county treasurer. 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 of 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; provided, that no county treasurer shall be entitled to retain to his own use more than the sum of two hundred dollars out of the inheritance taxes paid on account of any transfer or transfers made by. or resulting from the death of, any one decedent, nor more than five thousand dollars out of the total inheritance taxes accounted for in any one year. §21. State controller may employ counsel. The state controller, whenever he shall be cited as a party in any proceeding or action to determine any tax under this act provided, or whenever he shall deem it necessary for the better enforcement of this act to make any special employment to secure evidence of evasion of said tax, or to commence or appear in any proceeding or action to determine any tax hereunder, may, by and with the consent and approval of the attorney-general, make such special employment or designate and employ counsel or attorney in or out of this state to represent him on behalf of the state, and, by and with such consent of the attorney-general, he is hereby authorized to incur the necessary expense for such employment and any Act 4035e, §§ 22-25 general laws. 1304 reasonable and necessary expense incident thereto. And the county treasurer is hereby authorized and directed to pay out of any funds which may be in his hands on account of this tax, on presentation of a sworn itemized account and on certificate of the state controller and attorney general, all expenses incurred as in this section above provided, but no expense for such special employment or legal services, up to and including the entry of the order of the court fixing the tax and the same becoming final, shall exceed ten per centum of the tax and penal- ties collected; provided, that all reasonable and necessary expenses incurred, in any legal action or proceeding in any court of this state or on any appeal therefrom, other than attorney's fees, including expense of serving processes and jarinting and preparing of necessary legal papers, may be allowed and paid in the manner above provided, even though no tax be recovered in such action or proceeding, and the limitations herein made shall not apply thereto. § 22. Disposition of taxes collected. All taxes levied and collected under this act, up to the amount of two hundred fifty thousand dollars 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 two hundred fifty thousand dollars annually shall be paid into the state treasury to the credit of the general fund thereof. § 23. Penalty for failure to perform duty. Every ofl&cer who fails or refuses to perform, within a reasoiiable time, any and every duty re- quired 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 thou- sand dollars, to be recovered in aii action brought by the attorney general in the name of the people of the state on the relation of the controller. § 24. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. § 25. Acts repealed. Pending suits, etc., not affected. An act enti- tled "An act to establish a tax on gifts, legacies, inheritances, bequests, devises, successions and transfers, to provide for its collection and to direct the disposition of its proceeds; to provide for the enforcement of liens created by this act and by any act hereby repealed and for suits to quiet title against claims of liens arising hereunder or under an act hereby repealed to l)e iviiown as tlie 'inheritance tax act'; to repeal iin act entitled 'An act to establish a tax on gifts, legacies, inheritances, lioquosts, d(n'ises, sui-cessions and transfers, to provide for its collection, and to direct the disposition of its ])roceeds; to provide for the enforce- ment of liens created by tliis act and IJor suits to quiet title against 1805 TAXATION. Aet 4065, § 38 claims of lions, arising hereunder; to repeal an act entitled "An act to establish a tax on gifts, legacies, inheritances, bequests, devises, suc- cessions and transfers; to provide for its collection, and to direct the disposition of its proceeds; to provide for the enforcement of liens created by this act and for suits to quiet title against claims of liens arising hereunder"; to repeal an act entitled "An act to establish a tax on collateral inheritances, bequests and devises, to provide for the col- lection and to direct the disposition of its proceeds," approved March 23, 1893, and all amendments thereto, and to repeal all acts and parts of acts in conflict with this aet, approved March 20, 1905, and all amendments thereto, and all acts and parts of acts in conflict with this act,' approved April 7, 1911"; approved June 16, 1913, and all amend- ments thereto, and all acts and parts of acts in conflict with this act are hereby expressly repealed; provided, however, that such repeal shall in no wise affect any suit, prosecution or proceeding pending at the time this act shall take effect, or any right which the state of California may have at the time of the taking effect of this act, to claim a tax upon any property under the provisions of the act or acts hereby repealed, for which no proceeding has been commenced, and where no proceeding has been commenced to collect any tax arising under any act hereby repealed the procedure to collect such tax shall conform to the provisions hereof; nor shall such repeal affect any appeal, right of appeal in any suit pending, or orders fixing tax, existing iii this state at tlie time of the taking effect of this act. ACT 4065. An act to carry into effect the provisions of section 14 of article XIII of the constitution of the state of California as said constitution was amended November 8, 1910, providing for the separation of state from local taxation, and providing for the taxation of public service and other corporations, banks and insurance companies for the bene- fit of the state, all relating to rcA'enue and taxation. [Approved April 1, 1911. Stats. 1911, p. 530.] Amended 1913, pp. 3, 615; 1915, pp. 3, 937. This act was revised and a substitute passed for it in 1917. The act of May 11, 1917, adding sections 3664a to 3671d to the Political Code, contained the following provision (Stats. 1917, p. 370): § 38. This act is a revision of and substitute for the act entitled "An act to carry into effect the provisions of section fourteen of article thir- teen of the constitution of the state of California as said constitution was amended November 8, 1910, providing for the separation of state from local taxation, and providing for the taxation of public service and other corporations, banks and insurance companies for the benefit of the state, all relating to revenue and taxation," approved April 1, 1911, and amendments thereof; provided, however, that nothing herein contained shall affect any tax heretofore levied or assessed in accordance with the provisions of said aet and amendments thereof; and provided, further, that all laws in force prior to the taking effect of this act and providing Act 4066, § 1 GENERAL LAWS. 1306 for the levy and collection of such taxes shall, for the purpose of the collectiou of such taxes, remain in full force and effect. ACT 4066. An act to carry into effect the provisions of subdivision (e) of section 14 of article XIII of the constitution of the state of California as the said article was amended on the eighth day of November in the year 1910, in so far as the same relates to the state university; and also to provide for the permanent support and improvement of the University of Calif prnia; and to that end making a continuing ap- propriation and creating an annual fund therefor; and repealing an act entitled: "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 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 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 therefor,' " approved March 20, 1909. [Approved April 25, 1911. Stats. 1911, p. 1104.] Amended 1915, p. 448; 1917, p. 534. The amendment of 1917 follows: § 1. State university fund created. In order to carry into effect the provisions of subdivision (e) of section fourteen of article thirteen of the constitution of the state of California as the said article was amended on the eighth day of November in the year one thousand nine hundred ten, in so far as the same relates to the state university, and to provide for the permanent support and improvement of the University of Cali- fornia, there is hereby created an annual fund to be called "the state university fund"; said fund for the sixty-third fiscal year shall be equal to, but not more than, seven per cent in excess of the amount received by the university under the provisions of chapter three hundred twenty- nine of the statutes of one thousand nine hundred nine for the fiscal year ending June thirtieth in the year one thousand nine hundred eleven; and provided, further, that such fund for each of the sixty-fourth, sixty- fifth, sixty-sixth, sixty-seventh, sixty-eighth, sixty-ninth, seventieth, sev- enty-first and seventy-second fiscal years shall be equal to, but not more than, seven per cent in excess of the amount received by the university under this act for the immediately preceding respective fiscal year. I Aiiieudiiiciit a[)proved May 15, 1917; Stats. 1917, p. 534.] IWl TAXATION. Acts 4067d, 40671', § 1 ACT 4067d. Au act authorizing and providing for an investigation and report upon the matter of revenue and taxation, and making an appropriation therefor. [Approved May 10, 1915. Stats. 1915, p. 432.1 Amended 1917j Stats. 1917, p. 301. The anicndiiieiit of 1917 follows: §5. Duties of tax commission. The officers and appointees provided for in section two of this act shall perform such duties as the governor may deem necessary to further the objects of senate joint resolution num- ber throe, adopted by the legislature January 26, 1917, and chapter num- ber thirty-two of the laws of one thousand nine hundred seventeen. [New section added May 10, 1917; Stats. 1917, p. 301.] ACT 4067f. An act to regulate and limit the amount that may be produced by tax levies in the aggregate by political subdivisions of this state, creat- ing a state board of authorization, providing for the making and filing of budgets by such subdivisions, and repealing all acts and parts of acts in conflict with this act. [Approved May 31, 1917. Stats. 1917, p. 1402. In effect July 30, ]917.] The operation of this statute has been suspended by a referendum petition filed in the office of the secretary of state July 26, 1917. The act will be voted on at any general election or at any special election that may be sooner called by the governor. § 1. Terms defined, (a) For the purposes of this act the term "politi- cal subdivision" shall mean, refer to and include counties, cities, towns, and all other subdivisions of this state which have or shall hereafter have power to make tax levies; the term "governing body" shall mean, refer to and include the body, board, commission or council, by whatever name the same may be designated in legislative act or local charter, which has and exercises the power of a political subdivision to levy taxes therein; and the term "estimate" shall mean, refer to and include any and all estimates, statements or calculations required by legislative act or local charter to be made or prepared and filed with or submitted to a governing body for the purpose of obtaining from such governing body a levy or levies of taxes to produce all or any part of the amount of money specified therein; and the term "year" shall mean and refer to fiscal year. (b) Amount produced by tax levies. The amount produced in a pre- ceding year or the amount to be produced in a current or ensuing year by tax "levies by the governing body of any political subdivision shall be ascertained by multiplying the total assessed taxable value of each district within such subdivision by the total rate of tax levied or to be levied in such district, and the sum of these products shall be taken as the amount produced or to be produced in such political subdivision; provided, that from the amount produced, as so ascertained, there shall Act406?f, §§2-5 GExXEKAL LAWS. 1308 be deducted the amount by which the production of any interest or bond levy will be decreased in the current year by reason of the payment, in whole or in part, of bonds of a subdivision prior to the time of levying taxes therein for such current year, and the remainder shall be taken as the amount produced. § 2. Maximum limit on rate. In every case in which a maximum limit upon the rate of any tax levy permitted, directed or authorized to be made by the governing body of any political subdivision is now or may hereafter be prescribed by legislative act or charter, such maximum limit shall remain as so. prescribed and shall not be construed to be increased by any of the provisions of this act. §3. Statement by officer of estimated amount needed. Change by governing body. Xot less than ninety days before the day prescribed by legislative act or charter for the governing body of a political sub- division to fix the rates of taxes to be levied therein, each ofl&cer thereof shall file with the governing body, in duplicate and upon a form or forms to be prescribed as hereinafter provided, a statement showing the income and expenditures of his office for the last two fiscal years immediately preceding, the estimated amount of money needed for his office for each and every purpose for the next fiscal year, and such other information as the said form or forms may call for. Such statements so filed as aforesaid shall be used by the governing body for tTie purpose of mak- ing up the budget of its political subdivision for the ensuing fiscal year. The amount proposed to be produced by any special levy of taxes, and any estimate of the amount of money required or needed for any purpose filed with or submitted to the governing body of any political subdivision for the purpose of obtaining a levy or levies of taxes to pro- duce the amount of money therein specified, may be revised and changed in whole or in part by the governing body with which the same is so filed or to which it so so submitted. § 4. State board of authorization created, A state board of authoriza- tion is hereby created for the purpose of determining whether an emer- gency or urgent necessity exists by reason of which any political sub- division may make tax levies that will produce an amount greater than the amount limited by section six; to proscribe the forms mentioned in section three; and to have such other powers and duties as are herein- after vested therein. The members of the said board shall be the state controller, the chairman of the state board of control, the chairman of the state board of equalization and two other persons in the service of tlie state to be appointed by the governor, one of whom shall be a mem- ))er of the state board of control. The members of the state board of aiitliorization shall organize by electing a chairman and a secretary from' llieir own iiuiiit)i'r. § 5. Budget of political subdivision filed with board. Not less than sixty days prior to the tiiix' iirescrihed by Icgishitive act or charter for the governing body of a [toliticul sulxlivision to determine u]ion and fix tlio rates of tux levies tlicroiii, such governing body sliall file with the 1309 TAx^vnoN. Act4067f, §§ 6-8 state board of antlioriziitioii a copy of the statenient theretofore tiled with it by each officer as required by section three, and also, upon such form or forms as the state board of authorization may prescribe, the budget of such political subdivision for the ensuing fiscal year. Such l)udget shall show the income and expenditures of such political subdi- vision for the last two fiscal years immediately preceding, the estimated expenditures for each and every purpose for the ensuing fiscal year, an estimate of income for the ensuing fiscal year from sources other than taxation, the rate of each tax levy proposed to be made for such ensuing year, and such other facts and information as tlie state board of author- ization may require. § 6. No increase in excess of five per cent. No governing body of any political subdivision shall in any year make tax levies which, in the aggregate, will produce an amount more than five per cent in excess of the amount produced by tax levies made thereby during the year imme- diately preceding, except as hereinafter provided. § 7. Approval by board. The state board of authorization shall ex- amine such budgets, proposed tax levies and other matter filed as required by section five, and, after public hearing thereon, shall approve the pro- posed tax levies if the amount the same will produce will not exceed the amount limited by section six; otherwise it shall disapprove svich proposed levies, giving its reasons therefor, and return them and the budget to the proper governing body to be corrected and revised by it in accordance with the reasons given, to the end that the amount that will be produced thereby shall not exceed the amount limited by section six. In correcting or revising any proposed levies or budget so returned for correction or revision the governing body shall make due provision in any event first for the principal and interest of bonded indebtedness and second for the support and maintenance of the public schools. No taxes shall be collected under any levy by the governing body of a political subdivision until after such levy shall have been approved or corrected and revised as in this section required. § 8. Request to make levies producing excess amount. In ease of emergency or urgent necessity which, in the judgment of a governing body requires the making of tax levies which, in the aggregate, will pro- duce an amount more than five per cent in excess of the amount pro- duced by tax levies made thereby in the year immediately preceding, such fact shall be set forth in the form of a special request, containing a description of such emergency or urgent necessity and a statement of the amount in dollars of the desired excess, and filed with the state board of authorization. As soon as may be after receiving such special request the state board of authorization shall publicly hear and determine the same under such rules as it may prescribe. If the state board of authorization shall be of opinion that such emergency or urgent necessity exists it shall specifically authorize the making of tax levies, which, in the aggregate, will produce such excess amount; if it shall not be of such opinion it shall so state, giving its reasons therefor; and its decision shall be final unless changed by the voters as provided in section nine. Act iOBTf, §§ 9, 10 GENERAL LAWS. 1310 § 9. Petition to call special election. Notice. Ballots. Three-fifths vote reciuired. Witliiu teu days after the date of the order or decision of the state board of authorization on any special request filed as re- quired in the preceding section, a petition may be filed with the clerk or recording officer of the governing body of the political subdivision affected thereby, asking that a special election be called by such govern- ing body to determine the question of whether such order or decision shall stand as final. If said petition is signed by not less than fifteen per cent of the electors of such subdivision resident therein for the period requisite to enable them to vote at a general election, the govern- ing body with which the same is filed shall call the special election there- in requested by publishing notice thereof in a daily paper, published in such subdivision, for five consecutive days before the same is held. If no daily paper is published therein, such notice shall be posted in at least fifty of the most public places in such subdivision for at least five con- secutive days before the day of the election. Such notice must specify the time, place or places, and the purpose of said special election and the hours during which the polls will be kept open. Said election shall be conducted in accordance with the general election laws of this state, where applicable and not in conflict herewith. The ballots shall contain the question "Shall (naming the political subdivision) make tax levies in the year (naming the fiscal year) which will produce dollars (naming in words and figures the total sum desired to be produced, including the exact amount of increase requested of the board of authorization, in excess of the amount produced in the year imme- diately preceding) more than the amount produced by all tax levies in the year (naming the last preceding fiscal year) ?" Under said question there shall be printed two squares, one above the other. Above the first square there shall be printed the word "yes," and above the second the word "no." Each voter shall indicate his vote by marking or stamping a cross (X) in the proper square. Every elector resident within the political subdivision for the period requisite to enable him to vote at a general election shall be entitled to vote at the election herein provided for. The votes cast shall be canvassed as expeditiously as is practicable and if not less than three-fifths of the votes cast shall be in the affirmative the governing body of the subdivision in which the elec- tion was held shall have power to make tax levies for the ensuing year which, in the aggregate, will produce the amount stated on the ballots in excess of the amount produced during the year preceding; but if the number of votes cast in the affirmative shall be less than three-fifths of all the votes cast at such election, the governing body shall not have such power. Such election must be held within fifteen days after the filing of a proper petition therefor. The result of such election, with a statement of the total numV>er of votes cast and the total number of affirmative and negative votes, shall be forthwith recorded in the min- utes of the governing body and certified to the board of authorization. Tax levies made pursuant to the decision of an election held as pro- vided in this paragraph .shall not require approval by the state board of authorization. § 10. When boundaries of political subdivision changed. During the lirst year after the boundaries of any political subdivision are changed 1311 TAXATION. Act4067f, §ni-35 to include or exclude in whole or in jjart property theretofore included in another political subdivision, no greater amount may be produced by tax levies upon property within such new boundaries than the amount produced by tax levies thereon in the year immediately preceding, plus five per cent, without special request and authorization as provided in section eight hereof. § 11. Excess amount excluded in estimate for ensuing year. The amount of any increase or excess, over the normal increase permitted by section six hereof, authorized by the state board of authorization after special request therefor, or by the voters as provided in section nine, shall be excluded in determining the amount that may bo produced in an ensuing year without such special authorization or election. § 12. Procedure prescribed by board. The time, manner, form, con- tents of and procedure on special applications and requests to the statfe board of authorization under this act shall be prescribed by the said board, and all rules or orders prescribing the same may be modified or amended at any time. In the event any order is made by the state board of equalization under the provisions of section three thousand seven hundred five of the Political Code, the state board of authoriza- tion shall have power by order, in the event it deems it advisable so to do, to change any time requirement of this act so as to adjust the per- formance of duties under this act by governing bodies, and the petition- ing for, publication of notice for, holding of, and certification of the results of elections held hereunder to meet any change of time so as aforesaid authorized by the state board of equalization. § 13. Application of percentage limitation. The percentage limitation provided for in sections six and eight shall apply to and restrict the amount produced or to be produced by the aggregate of all tax levies that the governing body of any political subdivision has or shall here- after have power to make, or that it is its duty to make, for any pur- pose whatsoever. In no event shall this act be construed, either in whole or in part, to permit the governing body of any political subdivision to make a levy of taxes for any purpose at a rate higher than the rates prescribed in section two. § 14. City, etc., may become subject to act. This act shall apply only to counties and to the governing bodies thereof; provided, any city, city and county or other political subdivision maj^ by resolution of its gov- erning body declaring its intention so to do, subject such political sub- division and such governing body to all the terms, conditions, limitations and requirements hereof by filing a certified copy of such resolution with the state board of authorization. From and after the filing with the state board of authorization of a certified copy of the resolution herein provided for, the governing body so passing the same and its political subdivision shall be subject in all respects and particulars to the pro- visions, conditions, requirements and limitations of this act. § 15. Minimum limits abolished. Repealed. In all lases in which levies of taxes by any political subdivision are permitted, authorized or Act 4067g, §§ 1, 2 GENERAL LAWS. 1312 directed to be made and the miniiiuun limits tlicreof or the niiuimum amount or amounts that shall be raised thereby are expressed in terms of mills, cents, dollars, per cent of assessed value, or in dollars per capita or other unit, such minimum limits and each thereof are hereby expressly abrogated and abolished. All acts and parts of acts in con- flict with this act are hereby lepealed. ACT -iOeTg. An act to provide for the paj-meut into the county treasurj- of any moneys now held by county tax collectors which represent duplicate or excess payments of taxes on property in their respective counties, and to provide for the' distribution and repayment of such mone^'S when so paid, and to provide for the payment, repayment and dis- tribution of any duplicate or excess collections which may be made hereafter. [Approved April 12, 1917. Stats. ]9r7, p. 116. In effect July 27, 1917.] § 1. County tax collector to pay excess taxes to treasurer. It shall be the duty of every county tax collector, within thirty days after this act takes effect, to pay into the treasury of his county any moneys which said tax collector may have on hand, representing duplicate or excess payments of taxes on property within his county, including such as may have been collected during a previous term or terms, as well as during his present term of office. If the records of the tax collector show the fact, there shall be filed with the county auditor at the time of such payment a description of each piece of property for which such duplicate tax payments were collected and the amount of the tax collected for each such piece of property in excess of the tax regularly levied and collected on such proiierty in any one year. § 2. Recovery of excess payments. Allowance of claim. Within five years from the time of such payment into the county treasury by the tax collector, any person holding a tax receipt showing the payment to a county tax collector of taxes in any one year on any given prop- erty in the county in excess of the taxes w'hich have been regularly levied and collected upon said property for said year, may recover the excess over and above the tax regularly levied and collected on such property for such year, by filing with the board of supervisors a claim therefor, and surrendering with such claim the tax receipt for such ex- cess payment. If the duplicate payment of taxes in excess of the regu- larly levied taxes shall have been paid by different persons, the party first filing such claim and receipt for the excess payment, shall be en- titled to the refund. If, u])on examination by the board of supervisors, it is found that such claim has been filed within the five years and represents a payment in excess of the taxes regularly levied and col- lected for any given ])iece of property in the county for any given year and the amount thereof has been paid into the county treasury by the fax collector as aforesaid, the board of supervisors shall allow the said cl.'iiui for the excess paynu'nt to the person (Mitiflcd t]i(M'(>to. 1313 TAXATION. Aets40B7h, 40()7i, n §3. Moneys credited to general fund. All moiicys i)aiil t(j the county treasurer by the county tax collector as herein provided, shall be placed to the credit of the general fund of the county. §4. Duty of tax collector. Whenever any duplicate or excess pay- ment of taxes is made hereafter, it shall be the duty of the tax collector to retain same for thirty days and if not refunded as hereinafter pro- vided to pay the same into the county treasury on the first Monday of each month thereafter, and at the same time file with the county auditor a description of the property upon which said taxes have been collected, tlie excess amount collected for each piece so described and the name; of the person to whom the property is assessed at the time siicn excess payment is made. Such duplicate or excess payment of taxes shall be placed to t"he credit of the general fund of the county and within five years the party making the same, or in the event the payments are made by different parties, the party first filing his claim therefor in the man- ner and form hereinbefore provided, may secure a refund of such dupli- cate or excess payment; provided, however, that during such thirty- day period, the tax collector may adjust any mistakes in the payment of taxes by returning to the party or parties, making such duplicate or excess payments the amount thereof. §5. Suit by district attorney. If any tax collector shall refuse to comply with the provisions of this act, the district attorney of the county is hereby authorized to begin suit against the county tax collector to recover any sums in the possession of said county tax collector repre- senting said duplicate or excess payment of taxes, and the statute of limitations shall not be a defense to the maintenance of any such action. ACT 4067h. An act permitting daily payment into the county treasury of duplicate or excess payments of taxes made to the tax collector and provid- ing for the refund of such payments. [Approved May 5, 1917. Stats. 1917, p. 248. In effect July 27, 1917.] § 1. Daily payments of excess taxes. The county tax collector, not- withstanding the provisions of any other statute enacted at the forty- second session of the legislature of this state, may pay daily into the county treasury under the provisions of section four thousand one hun- dred one a of the Political Code all duplicate or excess payments of taxes hereafter made to him on property within the county; and all such duplicate and excess payments so paid into the county treasury shall be sulDJect to refund under the provisions of section three thousand eight hundred four of the Political Code. ACT 4067 i. An act to provide for the assessment, levy and collection of taxes for the support of the state government for the sixty-ninth and seven- tieth fiscal years. [Approved May 14. 1917. Stats. 1917, ]i. 47ii. In effect immediately.] § 1. Assessment and tax levy for support of state government. Sum to be raised for sixty-ninth fiscal year. Ad valorem rate to meet 83 Act 4067i, § 2 general laws. 1314 deficiency. The state board of equalization sliall, between the first Monday in March and the first Monday in July in the year one thou- sand nine hundred seventeen, for the support of the state government assess and levy taxes upon the property in the manner and upon the rates of taxation as provided for in the subdivisions a, b, c, and d, of section fourteen of article thirteen of the constitution of the state of California, or if any rate of taxation shall have been changed by the legislature pursuant to subdivision f of said section an'd article, then upon such rate of taxation as so changed and fixed, for the purpose of raising the sum of tw^enty million four hundred sixty thousand dollars for annual expenditure for the support of the state government for the sixty-ninth fiscal year, and in the event that the taxes so assessed and levied, together with all available revenues other than those revenues required by law to be used for special uses, shall not raise said sum of twenty million four hundred sixty thousand dollars, then said above- named revenues shall be deemed insufficient to meet the annual ex- penditures of the state for the sixty-ninth fiscal year, which deficiency is hereby declared to be the difference between the amount of taxes assessed and levied upon the property and in the manner and upon the rates of taxation hereinbefore specified, together with all other state revenues, other than those revenues required by law to be used for special uses, and said sum of twenty million four hundred sixty thousand dollars, then said state board of equalization, in accordance with the provisions of subdivision e of said section fourteen of article thirteen of the constitution of the state of California, at the time provided in section three thousand six hundred ninety-six of the Political Code, shall fix such an ad valorem rate of taxation for the said sixty-ninth fiscal year upon each one hundred dollars in value of taxable property, upon all the property in the state of California not exempt from taxa- tion under the law and subject to taxation for state purposes on the seventh day of November in the year one thousand nine hundred ten, as, after allowing five per cent for delinquencies, will raise for said sixty-ninth fiscal year the amount of said deficiency. § 2. Sum to be raised for seventieth fiscal year. Ad valorem rate to meet deficiency. The state board of equalization shall, between the first Monday in March and the first Monday in July in the year one thousand nine hundred eighteen, for the support of the state government, assess and levy taxes upon the property in the manner and upon the rates of taxation as provided for in subdivisions a, b, c, and d, of section fourteen of article thirteen of the constitution of the state of California, or if any rate of taxation shall have been changed by the legislature pur- suant to subdivision / of said section and article, then upon such rate bf taxation as so changed and fixed by the laws now in force, for the purpose of raising the sum of twenty-one million one hundred forty thousand dollars for annual expenditure for the support of the state government for the seventieth fiscal year; and in the event that the taxes so assessed and levied, together with nil available revenues other than those revenues required by law td l)o used for special uses, shall not raise said sum of twcntj'-one million one hundred forty thousand 1315 TENEMENT HOUSES. Acts 4067J, 4098 dollars, then said above-named revenues shall be deemed insufReient to meet the annual expenditures of the state for the seventieth fiscal year, which deficiency is hereby declared to be the difference between the amount of taxes assessed and levied upon the property and in the man- ner and upon the rates of taxation as hereinbefore specified, together with all other state revenues, other than those revenues required by law to be used for special uses, and said sum of twenty-one million one hundred forty thousand dollars, then said state board of equalization, in accordance with the provisions of subdivision c of said section fourteen of article thirteen of the constitution of the state of California, at the time provided in section three thousand six hundred ninety-six of the Political Code, shall fix such an ad valorem rate of taxation for said seventieth fiscal year upon each one hundred dollars in value of taxable property, upon all the property of the state of California not exempt from taxation under the law and subject to taxation for state jjurposes on the seventh day of November in the year one thousand nine hundred ten, as, after allowing five per cent for delinquencies, will raise for said seventieth fiscal year, the amount of said deficiency. § 3. Tax to meet deficiency levied on what property. Any tax so levied and collected to meet a deficiency in state revenues for either of said fiscal years shall be assessed, levied and collected on all property in the state, not exempt from taxation, including the classes of property enumerated in section fourteen of article thirteen of the constitution of this state, under the provisions of the Political Code relating to the assessment, levy and collection of state and county taxes as said pro- visions were in force on the seventh day of November in the year one thousand nine hundred ten. § 4. In effect immediately. This act, inasmuch as it provides for a tax levy for the usual current expenses of the state shall, under the pro- visions of section one of. article four of the constitution of the state of California, take effect immediately. TITLE 564. TEHAMA COUNTY. ACT 4067J. Charter of. [Stats. 1917, p. 1877.] TITLE 567. TENEMENT HOUSES. ACT 4098. An act to regulate the building and occupancy of tenement houses in in- corporated towns, incorporated cities, and cities and counties, and to provide penalties for the violation thereof and repealing an act en- ■ titled, "An act to regulate the building and occupancy of tenement houses in incorporated towns, incorporated cities, and cities and Act 4098a, §§ 1, 2 general laws. 1,316 counties, and to pa-ovide penalties for the violation thereof," ap- proved April 16, 1909, Statutes of California of 19U9, page 948. [Ap- proved April 10, 1911. Stats. 1911, p. 8G0.J The entire act was amended June 13, 1913j Stats. 1913, p. 737; and again May 29, 1915; Stats. 1915, p. 952. Repealed 1917; Stats. 1917, p. 1173. See next act. ACT 1098a. An act to regulate the erection, construction, reconstruction, moving, alteration, maintenance, use and occupancy of tenement houses, and the maintenance, use and occupancy of the premises and land on which tenement houses are erected or located, in all parts of the state of California, including incorporated towns, incorporated cities, and incorporated cities and counties, and to provide penalties for the violation thereof; and repealing an act entitled "An act to regu- late the building and occupancy of tenement houses in incorporated towns, incorporated cities, and cities and counties, and to provide penalties for the violation thereof, and repealing an act entitled '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, Statutes of California of 1909, page 948," approved April 10, 1911, Statutes of California of 1911, page 860, and approved June 13, 1913, Statutes of California, 1913, page 737, and approved May 29, 1915, Statutes of California, page 952, and all acts amendatory thereof. [Approved May 31, 1917. Stats. 1917, p. 1473. In effect September 1, 1917.] § 1. Title. This act shall be known as the "state tenement house act" and its provisions shall apply to all parts of the state of California, including incorporated towns, incorporated cities, and incorporated cities and counties. § 2. Duty of building department. Duty of housing department. In case no such departments. Enforcement. Power of commission of immi- gration and housing. It shall be tlie duty of the "building department" of every incorporated town, incorporated city, and incorporated city and county, to enforce all the provisions of this act pertaining to the erec- tion, construction, reconstruction, moving, conversion, alteration and arrangement of tenement houses and to issue the certificate of "final completion" hereinafter provided. It shall be the duty of the "housing department" or if there is no housing department the health department of every incorporated town, incorporated city, and incorporated city and county to enforce all of the provisions of this*act pertaining to the maintenance, sanitation, ven- tilation, use and occupancy of tenement houses after said tenement houses have been erected, constructed, or altered, as the case may be, and the certificate of "final completion" has been issued by the build- ing department, and to issue the "permit of occupancy" as hereinafter provided. 1317 TENEMENT HOUSES. Act 4098a, § 3 In the event that there is no building department or no housing de- partment or health department in an incorporated town, incorporated city or incorporated city and county, it shall be the duty of the officer or officers who are charged with the enforcement of ordinances and laws regulating the erection, construction or alteration of buildings, or the maintenance, sanitation, ventilation or occupancy of buildings, or of the police, fire or health regulations in said incorporated town, incorporated city or incorporated city and county to enforce all of the provisions of this act. In every county it shall be the duty of the officer or officers who are charged with the enforcement of ordinances or laws regulating the erec- tion, construction or alteration of buildings, or of the maintenance, sani- tation, occupancy and ventilation of buildings, or of the police, fire or health regulations in said county, to enforce all of the provisions of this act outside of the limits of any incorporated town or incorporated city. Every incorporated town, incorporated city, or incorporated city and county in the state of California shall have, and it is hereby empowered and given authority to designate and charge by ordinance any other department or officer than the department or officers mentioned herein, with the enforcement of this act, or any portion thereof. The commission of immigration and housing of California shall have, and it is hereby empowered and given authority to enforce the provi- sions of this act, which do not pertain to the actual erection, construc- tion, reconstruction, moving, alteration or arrangement of tenement houses in all incorporated towns, incorporated cities and incorporated cities and counties, and counties in the state of California, whenever said commission finds or discovers a violation or violations of the pro- visions of this act and notifies the local department or officer, or depart- ments or officers who are charged with the enforcement of the provisions of this act, in writing, of such violation or violations, and the said local department or officer, or departments or officers, fail, neglect or refuse to enforce the provisions of the said act within thirty days thereafter; provided, however, that the said commission of immigration and housing of California shall enforce the provisions of this act only in the instances specified in said written notice. §3. Unlawful to construct tenement house contrary to act. It shall be unlawful for any person, firm or corporation, whether as owner, agent, contractor, builder, architect, engineer, superintendent, foreman, plumber, tenant, lessee, lessor, occupant, or in any other capacity whatsoever, to erect, construct, reconstruct, alter, build upon, move, convert, use, occupy or maintain, or to cause, permit or suffer to be erected, constructed, reconstructed, altered, built upon, moved, converted, used, occupied or maintained any tenement house or any portion thereof contrary to the provisions of this act, or to commit or maintain or cause or permit to be committed or maintained any nuisance in or upon any tenement house or any portion thereof, or any of the premises, yards or courts which are a part thereof, or which are required by the provisions of this act; or to do or cause to be done, or to use or cause to be used, any privy, sewer, cesspool, plumbing or house drainage affecting the sanitary condi- Act 4098a, §§ 4-6 general laws. 1318 tion of any teuemeut house or any portion thereof, or of the premises thereof, contrary to any of the provisions of this act. § i. Alterations. It shall be unlawful for any person to make any alterations or changes, or reconstruction work of any kind whatsoever, to any tenement house erected prior to the passage of this act, or to any tenement house hereafter erected, or to increase the height or the percentage of the lot occupied, in any manner which would be incon- sistent with any of the provisions of this act, or in violation of the said provisions of this act, or in any manner to diminish the size of the yards, courts or shafts or the size of windows or skylights, or to remove any stairway or fire escape, or to obstruct the egress from such building or from the hallways or stairways, or to do anything that would affect the ventilation and sanitation of the building, contrary to any of the pro- visions of this act. § 5. Building converted to use as tenement house. Building moved. Building reconstructed. A building not erected for, or which is not used as a tenement house at the time of the passage of this act, if hereafter converted to or altered for such use, shall thereupon become subject to all of the provisions of this act affecting tenement houses hereafter erected. A building used as a tenement house at the time of the passage of this act, if moved, shall be made to conform to all of the provisions of this act affecting tenement houses hereafter erected, in so far as they pertain to the percentage of lot occupied and the size of outer courts, inner courts bounded by a lot line, and yards. It shall be unlawful to reconstruct any tenement house which is here- after damaged by fire or the elements to an extent in excess of fifty-one (51) per cent of its physical proportions, unless the said building is made to conform to all of the provisions of this act affecting tenement houses hereafter erected. § 6. Penalty for violation. Procedure. Any person, firm or corpora- tion violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in a county jail not exceeding six months, or by both such fine and imprisonment, and in addition to the penalty therefor, shall be liable for all costs, expense and disbursements paid or incurred by the department, by any of the officers thereof, or by any agent, employee or contractor of same, in the prosecution of such violation. The costs, expense and disburse- jiients by this section ])rovidcd sliall be fixed by tlie court liaving juris- diction of the matter. i;x(('i.t as herein otlierwise sjjccified, tlie procedure for the prevention of violations of this act, for the vacation of tenement houses or prem- ises unlawfully occu[)ied, or for the abatement of a nuisance in connec- tion with a tenement house or the premises thereof, shall be as set forth in the charter ami ordiTianccs (if tiu' iniiiiii-iiiulity in which tlic procedure is instituted. 1319 TENEMENT HOUSES. Act 4098a, § 7 § 7. Permit to erect tenement house. Application. Affidavit. Per- mit issued. Kevocation. Plans kept on premises. Permit for nominal alterations. Expiration of permit. lu every ineorporatod town, iueor- porated city, and incorporated city and county, it shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, or alteration of a tenement house, or to move or to build upon a tenement house, or to convert a building or any portion thereof into use as a tenement house, without first obtaining a permit in writing so to do from the department charged with the Enforcement of this act. Any person, firm or corporation desiring such a permit shall file an ap- plication therefor with the department charged with the enforcement of this act. Said application shall give a detailed statement in writing, verified under oath by the person making the same, of the erection, construction, reconstruction, moving, conversion or alteration, as the case may be, upon blanks or forms to be furnished by the said depart- ment. The said application must be accompanied with a full, true and complete set of the plans of the tenement house or alteration, or work proposed, as the case may be, together with a set of specifications describing the materials proposed to enter into the construction of the proposed work, also a plan of the lot on which such building is proposed to be erected, constructed, reconstructed, converted, altered, or moved, as the case may be. Such statement shall give in full the name and address by street and number of the owner or owners, also the name and address of the architect" and of the contractor, if there be such an architect or contractor; also shall give such other data and information as in the judgment of the department charged with the enf jrcement of this act is deemed necessary. The affidavit to said application shall allege that the plans and specifi- cations are true and contain a correct description of the proposed tene- ment house, lot and proposed work. If any person other than the owner makes such affidavit, such person shall not be recognized except that ho allege in his affidavit that he is authorized and empowered by the said owner to act for him and to sign the required affidavit. Said depart- ment charged with the enforcement of this act shall cause all such plans, specifications and statements to be examined, and if it appears that they conform to the provisions of this act, shall then issue a permit to the person submitting the same. Said department may, from time to time, approve changes in any plans, specifications or statements previ- ously approved by it; provided, that all changes when so made shall be in conformitj' with the provisions of this act. Said department shall have the power to revoke or cancel any permit or approval that it has previously issued in case of any refusal, failure or neglect of the person to whom such permit or approval has been issued to comply with any of the provisions of this act, or in ease any false statement or mis- representation is made in any of the said plans, specifications or state- ments submitted or filed for such permit or approval. The erection, con- struction, reconstruction, moving, alteration or conversion of any such tenement house, as the case may be, shall be made in accordance with the plans, specifications and statements submitted or filed and for which the permit is issued. Act ■i098a, § 8 general laws. 1820 A true copy of the plans, specifications and other information sub- mitted or filed, upon which a permit is issued, with the approval of the department with which they are filed, stamped or written thereon shall be kept upon the premises of the tenement house or work for which the said permit is issued, from the commencement of the said building or work to the final completion of same, and shnll be subject to inspec- tion at all times b.y proper authorities. The dei)artment charged with the enforcement of this act may, at its discretion, issue a permit in case of nominal alterations or repairs, when application is made therefor, in writing, by the owner or his agent, when the making of said nominal alterations and repairs do not affect any structural feature or the sanitation or the ventilation of the tenement house, without requiring the filing of plans or specifications. The issuance or granting of a permit or approval by the department charged with the enforcement of this act under the authority of this section shall not be deemed or construed to be a permit or an approval of the violation of any of the provisions of this act. Every permit or approval which is issued by the department charged with the enforcement of this act, but under which no work has been done within ninety days from the date of issuance, or where work has been suspended for a period of ninety days, shall expire by limitation and a new permit shall be obtained before the work may be done. § 8, "Certificate of final completion" and. "permit of occupancy." Renewal of permit of occupancy. Certificate issued. Permit issued. Tenement house occupied without permit nuisance. In every incorpo- rated town, incorporated city, and incorporated city and county, it shall be unlawful to occupy or to permit to be occupied, any tenement house hereafter erected, constructed, reconstructed, altered, converted or moved, as the case may be, or any portion thereof, for human habita- tion until the issuance of a "certificate of final completion" and a "per- mit of occupancy" by the department or departments charged with the enforcement of this act. It shall also be unlawful to occupy any existing tenement house until a permit of occupancy has been issued by the department designated to issue such permit. Every permit of occupancy shall be renewed each calendar year by the department designated to issue the said permit; provided, that no structural alterations or changes have occurred since tlie issuance of the certificate of final completion; and provided, that all other provisions of this act have been complied with. Any person desiring a certificate shall file a notice with the depart- ment charged with the enforcement of this act. Said department shall cause an inspection to be made of the said tenement house or portion thereof, or work descrilu-d in the said notice, within ten days after writ- ten application therefor, and shall issue a "certificate of final comple- tion" if it is found that nil the provisions of Ihis act, regulating the erection, construction, iihci ;it i(]ii or ino\ing. as the case may be, have been complied with. The department chnrticd \\itli the cnfurccnicnt of this act and desig- nated to issue tlic [KTMiit (if ociiijiaiK V shall issue the said "permit of l'^21 TENEMENT HOUSES. Act 4098a, ^§ 9, 10 occupancy" upon application, in writing, therefor by the owner or his agent, and upon the filing by the owner or his agent of such statements or records required by the department, after the "certificate of final completion" has been issued; provided, that' no violations have occurred since the issuance of the certificate of final completion, or, in the case of a tenement house erected prior to the passage of this act, and for which no certificate of final completion has been issued, then after the said department has causd an inspection to have been made of the said tene- ment house and has found that all of the provisions of this act applying to sucli tenement house have been complied with. All permits and certificates shall be made in duplicate and a copy shall remain on file in the department issuing them. Any tenement house hereafter erected, altered, converted or moved, which is occupied, or any portion thereof which is occupied for human habitation, prior to a "certificate of final completion" or a "permit of occupancy" being issued, shall be deemed a nuisance, and the department or departments charged with the enforcement of this act may cause it to be vacated until the said certificate of completion and permit of occupancy have been obtained in accordance with the provisions of this act. §9. Power to enter tenement house. The department or departments charged with the enforcement of this act in any incorporated town, incor- porated city, incorporated city and county, or county, and the authorized officers, agents or employees of such department or departments, may, whenever necessary, enter tenement houses or portions thereof, or the premises thereof, within the corporate limits of such towns, cities, cities and counties, or counties, for the purpose of inspecting such buildings, in order to secure compliance with the provisions of this act and to prevent violations thereof. The members of the commission of immigration and housing of Cali- fornia and the agents, officers or employees of said commission may, whenever necessary, enter tenement houses or portions thereof, or the premises thereof, for the purpose of inspecting such buildings in order to secure compliance with the provisions of this act and to prevent viola- tions thereof. The owner or his authorised agent may, whenever necessary, enter tenement houses, or portions thereof, or the premises thereof, owned by him, to carry out any instructions or to perform any work required to be done by the provisions of this act. § 10. Definitions. For the purpose of this act. certain words and phrases are defined as follows, unless it shall be apparent from their context that they have a different meaning: Words used in the singular include the pluiai. and the plural, the singular. Words used in the present tense include the future. Words used in the masculine gender inchnle the feminine, and the feminine, the masculine. Wlords "building department," "housing department," "health depart- ment," "department charged with the enforcement of this act." "fire Act 4098a, § 10 general laws. 1322 commissioner/' shall be construed as if followed by the words, "of the incorporated town, incorporated city, incorporated city and county, or county," as the case may be, in which the tenement house is situated. "Apartment" is a room 6r suite of rooms which is occupied, or is intended or designed to be occupied by one family for living and sleep- ing purposes. "Approved" means whatever material, appliance, appurtenance, or other matter meets the requirements and approval of the department charged with the enforcement of this act, or which is approved by local ordinance of the municipality in which the building is situated, or any appliance, appurtenance, or other matter which conforms to the require- ments of, and bears the approval of the "national board of fire under- writers"; provided, however, that no such material, appliance, appurte- nance, or other matter shall be deemed "approved" for use where, or in such a manner as would be inconsistent with the intent, or specific pro- visions of this act. "Basement" is any story or portion thereof partly below the level of the curb or the actual adjoining ground level, the ceiling of which in no part is less than seven feet above the curb level or actual adjoining ground levels. If the adjoining ground is excavated to or below the curb level, or to or below the adjoining natural ground level, such ex- cavated space shall have not less than the minimum width and length required in this act for outer courts. Every basement is a story. "Building" is a tenement house. "Building department" means the commissioner of buildings, superin- tendent of buildings, chief inspector of buildings, or any officer or department charged with the enforcement of ordinances and laws regu- lating the construction and alteration of buildings or structures. "Cellar" is any story or portion thereof, the ceiling of which in any part is less than seven feet above the curb level and actual adjoining ground levels. "Court" is an open, unoccupied space other than a yard on the lot on which is situated a tenement house. A court, one entire side or end of which is bounded by a front yard, a rear yard or a side yard, or by the front of lot, or by a street or a public alley, is an "outer court." Every court which is not an "outer court" is an "inner court." Every court shall be open and unobstructed to the sky from a point not more than two feet above the floor line of the lowest story in the l)uilding in which there are windows from rooms or apartments abutting the said court, except that a cornice on the building may extend into an "outer court" two inches for each one foot in width of such court, and a cornice may extend into an "inner court" one inch for each one foot in width of such court. "Curb level" is the curli level ()]>posite the conlor of the "front of lot." Wherever the word "department" is used it means tlie building de- {lartment, the housing department, the health department or such other department or ofTicor, or di^partments or ofTicers, who are charged with the enforcement of tlic ]ii()\i!-ioiis of tliis act. 1323 TENEMENT HOUSES. Act 4098a, §10 "Family" is oue person living alone or a group of two or more persons living together in an apartment, whether related to each other by birth or not, "Fireproof tenement house" is a building wherein all the exterior and interior loads or strains are transmitted to the foundation by means of concrete, reinforced concrete, brick, stone, or by means of a skeleton framework of steel or iron, the exterior walls, inner court walls and roof constructed of concrete, reinforced concrete, brick, stone or hollow terra cotta tile; where all the structural steel or iron is thoroughly fireproofed by concrete, cement plaster, tile, brick or sandstone, not less than two inches thick; where all the interior partitions are constructed of either hollow terra cotta tile blocks, gypsum blocks, brick, concrete, reinforced concrete, or of metal studs lathed with metal lath and plastered not less than three-quarters inch thick including the lath, or of metal studs lathed with approved plaster board and plastered not less than three- quarters inch thick including the plaster board, or constructed of wire glass not less than one-fourth inch thick, set in metal frames and sash, and all other materials used in the said building are of approved in- combustible material, except that the glass in windows, transoms, or doors may be plain glass, and except that doors, frames, sash and the usual trim of rooms, hallways, corridors and passageways may be of wood, and except that wood floors may be placed on top of the floors con- structed of incombustible materials, except in the stairways and public hallways. "Housing department" is any department or commission charged with the enforcement of ordinances or laws regulating the occupancy and maintenance of tenement houses, hotels or dwelling-house buildings; and where no such department is maintained, shall be deemed to be the health commissioner, the department of health, health officer, or similar department charged with the enforcement of laws and ordinances relat- ing to the protection of the public health. "Kitchen" is any room in any apartment used or intended or designed to be used for cooking purposes and for the preparation of food. "Lot" is a parcel or area of land on which is situate(J a tenement house, together with the land, yards, courts and unoccupied spaces for such a tenement house as required by this act; all of which land shall be owned by or be under the absolute lawful control and in the lawful possession of the tenement house. A lot situated at the junction of two or more intersecting streets, with a boundary line thereof bordering on each of the two streets, is a "corner lot." AH parts of the width of such a corner lot which are distant more than seventy-five feet from the junction point of the two or more intersecting streets, shall be deemed to be an "interior lot." The owner or his authorized agent may designate either street frontage as being the front of such corner lot for the purpose of determining the width thereof. A lot which has only one boundary line bordering on a public street is an "interior lot." "Rear lot" is a parcel or area of land having no boundary line border- ing on a street, or having less than one-half of its width as a boundary line bordering on a street. Act 4098a, § 10 general laws. 1324 "Front of lot" is the boundary line of lot bordering on the street. In case of a corner lot, either of such boundary lines may be the "front of lot." "Rear of lot" is the boundary line of lot opposite the "front of lot." "Depth of lot" is the mean distance from the "front of lot" to the •'rear of lot." "Nuisance" embraces public nuisance as known at common law or in equity jurisprudence, and whatever is dangerous to human life or detri- mental to health, and shall also embrace the overcrowding with occu- pants of any room, insufSeient ventilation, or illumination, or inadequate or insanitary sewerage or plumbing facilities, or uncleanliness, and what- ever renders air, food or drink unwholesome or detrimental to the health of human beings. "Occupied space" is all the space covered by a tenement house, in- cluding outside stairways, platforms, fire-escapes, balconies, fire-towers, chimneys, stacks, vent shafts, not exceeding thirty-two square feet in area, cornice, or any part thereof, which projects into an inner court more than one inch for each one foot in width of such court, or which projects into an outer court or yard more than two inches for each one foot in width of such outer court or a yard, except that outside stair- ways, platforms and balconies constructed of open metal work and fire- escapes may extend not exceeding four feet beyond the exterior walls of the building into a front or rear yard, and except that a retaining wall may extend not to exceed twelve inches into a yard or court. For the purpose of determining occupied space, the area of the building shall be taken at the lowest story or portion thereof used for living or sleeping purposes. "Person" is a natural person, his heirs, executors, administrators or assigns; and also includes a firm, partnership or corporation, its or their successors or assigns. "Public hallway" is a hallway, corridor, passageway or vestibule not within an apartment, and includes stairways, landings and platforms. "Eear tenement house" is a tenement house on a "rear lot." "Semi-fireppoof tenement house" is a building with all exterior walls and walls of inner and outer courts constructed of brick, stone, con- crete, reinforced concrete or hollow terra cotta tile; except that the walls of an inner court, which court is surrounded on four sides by the samp building, may be constructed as provided in this act for such inner courts; interior partitions and floors constructed of approved incom- I)ustible materials or of wood, with all ceilings, partitions, soffits of stairways, and outside stringers of open stairways and stair wells metal lathed and plastered not less than three-quarters inch thick including the lath or lathed with an approved plaster board plastered not less than Ihree-quarters inch thick including the plaster board; in which all fin- ished floors, frames, doors and the usual trim of rooms and hallways may be built of wood and the roof of which shall be covered with at least a composition fire-retardant material. "Shall." Whenever this word is used it sh.ill be mandatory. "Street" is any public street, alley, thoroughfare or park having a minimum width of sixteen feet, measured from the "front of lot" to the 1325 TENEMENT HOUSES. Act 4098a, §§ 11, 12 opposite "front of lot," and which shall have been dedicated or deeded to the public for public use. "Tenement house" is any house or building, or portion thereof, more than one story in height, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their cooking in the said building; provided, however, that any building not more than two stories in height which is designed, built, rented, leased, let or hired out to be occupied, or is occupied, as the home or residence of not more than four families, and the said building is so arranged that each of the said families live independently of each other, and the building is constructed and arranged so that a separate section is, or may be, kept as a home or'residence of a separate family, and each such section has an entirely independent and separate entrance, and if a stairway is required, one such stairway leading to each section from the street or from an outside vestibule on the level of the first floor of said building is a separate stairway, and with no 'room, hallway, bath- room, water-closet, or kitchen used in common by two or more families occupying the said building, shall be deemed not to come within the definition of a "tenement house." "Wooden tenement house" is a building which does not fully compl}' with the requirements for a "fireproof" or a "semi-fireproof" tenement house as defined in this act, and shall include all frame and all veneered buildings. In every such building all ceilings and walls and partitions of public hallways, soflEits of interior stairways and the outside stringers of open stairways, and stair wells shall be metal lathed and plastered not less than three-quarters inch thick including the lath, or lathed with an ap- proved plaster board plastered not less than three-quarters inch thick including the plaster board. "Yard" is a portion of a lot on which is situated a tenement-house and which is unoccupied by the building and extends from the ground up (except where otherwise provided by this act) open and unobstructed to the sky; except that outside stairways, platforms and balconies con- structed of open metal work and fire-escapes may extend not more than four feet into such yards. If such yard is between the front line of the building and the front boundary line of the lot, it is a "front yard." If it is between the extreme rear line of the building and the rear of the lot, it is a "rear yard." If it extends from the rear yard to the front yard or front of the lot, it is a "side yard." § 11. Front yard. No tenement house shall hereafter be erected on, or moved on to, a rear lot. No building for any purpose shall hereafter be erected in front of any tenement house unless there shall be left unoccupied a front yard extending from the front of the rear tenement house to the front line of lot bordering on the street. Such front yard shall not be in any part less in width than fifty per cent of the actual width of the rear tenement house. § 12. Height. No fireproof tenement house hereafter erected shall exceed one hundred fifty feet in height, nor more than one and one-half Act 4098a, § 13 general laws. 1326 times the width of the widest street to which the lot on which it is situated abuts. No semi-fireproof tenement house hereafter erected shall exceed six stories at any point, nor more than sixty-five feet in height (except as hereinafter provided), nor more than one and one-half times the width of the widest street to which the lot on which it is situated abuts. No wooden tenement house hereafter erected shall exceed three stories at any point nor more than thirty-six feet in height (except as herein- after provided), nor more than one and one-half times the width of the widest street to which the lot on which it is situated abuts. The width of the street, for this purpose, shall be measured from the extreme front of the building to the f^'out of lot opposite, across the street. For the purposes of this section a basement is a story. The height of a fireproof tenement house is the perpendicular distance from the curb level or adjoining ground levels to the highest point of the roof. The height of a semi-fireproof or of a wooden tenement house is the perpendicular distance trom the curb level or adjoining ground levels to the lowest point of the finished ceiling of the top story; pro- vided, that in the case of a semi-fireproof tenement house situated on a lot with the ground sloping downward from the facade at which the measurement is taken the height of the building shall not at any point exceed sixty-five feet above the curb level measured on the facade facing the street, nor shall the height of the building at any point of the grade exceed seventy-five feet above the adjoining curb in case of a corner lot, or above the level of the ground in the case of an interior lot, and in the case of a wooden tenement house situated on a lot with the ground sloping downward from the facade at which the measure- ment is taken the height of the building shall not at any point exceed thirty-six feet above the curb line measured on the facade facing the street, nor shall the height of the building at any point of the grade exceed forty-six feet above the adjoining curb in the case of a corner lot or above the level of the ground in tlie case of an interior lot. § 13. Per cent of lot left unoccupied. On every corner lot on which a tenement house is hereafter erected, at least ten per cent of such lot shall be left unoccupied; provided, however, that if such corner lot extends through from one street to another street, one-half of the narrowest street to which said lot abuts may be considered as a part of the lot in computing the percentage of lot to be loft unoccupied; except that if such one-half of the narrowest street is greater than the roar yard required for such tenement house, then only as much of the said street as is required for the rear yard shall be considered as part of tlie lot for the purpose of computing the percentage of lot to be left unoccupied. On every interior lot on wliicli a tenement Iionse is liereafter erected, at least twenty-five per cent of such lot shall be left unoccupied; pro- vided, however, that if such interior lot extends through from one street to another street, one-half of the narrowest street to which such lot abuts may be considered as a part of the lot in computing the percent- age of lot to be left uiiocciijiied ; excejit Hint if such one-half of the 132Y TENEMENT HOUSES. Act 4098a, §§ 14-17 narrowest street is greater than the rear yard required for such tenement hotise, then only as much of the said street as is required for the rear yard shall be considered as part of the lot for the purpose of computing the percentage of lot to be left unoccupied. § 14. Rear yard. Immediately behind every tenement house here- after erected there shall be a rear yard extending across tlie entire width of the lot. § 15. Yard serving two tenement houses. Distance between buildings. In no event shall any yard or court be made to serve the purpose of two tenement houses hereafter erected, or of an existing tenement house and a tenement house hereafter erected, unless such yard or court, as the case may be, is of the full size required for two tenement houses, and then only in the event that such yard or court, as the case may be, is located on the same lot and owned by or in the absolute lawful control and in the lawful possession of the tenement house it proposes to serve. Where a tenement house, now or hereafter erected, stands upon a lot, no other building shall hereafter be placed upon the front or rear of that lot, unless the minimum distance between such buildings shall be at- least ten feet, and two additional feet shall be added to such minimum distance of ten feet for every story more than one in height of the highest building on such lot. § 16. Depth, of rear yard. The depth of a rear yard shall be measured at right angles from the extreme rear line of the building toward the rear lot line. § 17. Minimum depth of rear yard on interior lot. On every interior lot on which a tenement house is hereafter erected there shall be pro- vided a rear yard. Such yard shall extend from the ground clear and unobstructed to the sky, and shall extend across the entire width of the lot; except that outside stairways, platforms and balconies con- structed of open metal work and fire-escapes may extend not more than four feet into such yard. The minimum depth of such rear yard shall be as follows: Height of building measured from top of wall to floor of yard at point abutting the rear yard Depth of rear yard Not exceeding 36 feet Not exceeding 48 feet Not exceeding 60 feet Not exceeding 72 feet Not exceeding 84 feet Not exceeding 96 feet Not exceeding 108 feet Not exceeding 120 feet Not exceeding 132 feet Not exceeding 150 feet 10 feet 11 feet 12 feet 14 feet 16 feet 18 feet 20 feet 22 feet 24 feet 26 feet Provided, however, that if such interior lot extends through from one street to another street or public alley, one-half of the narrowest street or public alley to which said lot abuts may be considered as a part of the lot in computing the rear yard required by this section. Act 4098a, §§ 18-21 GENERAL LAWS. 1328 § 18. Minimum depth of rear yard on corner lot. Ou every corner lot ou which a tenement house is hereafter erected there shall be pro- vided a rear yard. Such yard shall extend from the lowest floor which is used for living or sleeping apartments, clear and unobstructed to the sky, and shall extend across the entire width of such lot; except that outside stairways, platforms and balconies constructed of open metal work and fire-escapes may be extended not more than four feet into such yard. The minimum depth of such rear yard shall be as follows: Depth of corner lot Depth of rear yard Not exceeding 100 feet. Exceeding 100 feet. Not less than 10 per cent of the depth of the lot nor less than 5 feet, nor less than the mimimum width required for an outer court, based on the number of stories in such building. Not less than 10 feet nor less than the mini- mum width required for an outer court, based on the number of stories in such building. Provided, however, if such corner lot extends through from one street to another street, or to a public alley, one-half of the narrowest street or public alley to which such lot abuts may be considered as a part of the lot in computing the rear yard required by this section. § 19. Passageway to street. Every rear yard required by this act and not bordering on a street or public alley and without direct access thereto shall have access to a street or public alley by meatis of an unobstructed passageway not less than three feet six inches in clear width, nor less than seven feet in clear height; and if such passageway or any portion thereof passes through a building, such portion thereof shall be built of approved, incombustible materials, or shall be lathed with metal lath or approved plaster board and be plastered not less than three-quarters inch thick including the lath or plaster board, or shall be lined with not less than number twenty-six (gauge) galvanized iron, and shall be drained and lighted. §20. Excavated front yard. Kvery front yard which is excavated below the level of the curb or below the adjoining ground level for the purjiose of furnishing light and ventilation to a basement shall in no part be less in width and length than required for outer courts. § 21. Width of side yard. The width of every side yard shall be not less than the width required for an outer court except that the provi- sions of this act regarding the maximum lengths of an outer court sli;ill not a|)i)]y 1o a side yard; provided, that if there is a side yard oil hiilli siilcs of the building, connected one with the other across the rcai- of the building by the rear yard, tlicn the width of tlie side yards may he reduced twelve inches. 1329 TENEMENT HOUSES. Act 4098a, §§ 22, 23 § 22. Minimum size of outer court. The minimum size of every outer court for a tenement house hereafter erected shall be as follows: Height of building based on the full number of stories in the building measured upward from and including the lowest story in which there is an apartment or apartments Minimum width of court ilaximuin length of court 1 or 2 stories 4 4 5 6 8 10 12 13 14 ft. ft. 6 ft. 6 ft. ft. ft. ft. ft. ft. in. in. in. in. in. in. in. in. in. 16 25 30 35 35 40 40 40 40 ft. ft. ft. ft. ft. ft. ft. ft. ft. in. 3 stories in. 4 stories in 5 stories in t> stories in. 7 stories in 8 stories in 9 stories in 10 or more stories in There shall be added to the minimum width of each such outer court six inches for each five feet or fractional part thereof in excess of the maximum length; provided, however, that the maximum lengths herein provided shall not apply when the outer court -is bounded on one side for its entire length by a lot line; provided, further, that if an outer court is bounded by a public alley or public park, the width of such public alley or public park may be considered a part of the lot in de- termining the required width of the outer court. § 23. Minimum size of inner court. The minimum size of every inner court for tenement houses hereafter erected shall be as follows: Height of building based on the full number of stories in the building measured upward from and including the lowest story in which there is an apartment or apart- ments. Minimum width of court Minimum area of court in square feet 1 or 2 stories. . . . 3 stories 4 stories 5 stories 6 stories 7 stories 8 stories and more 6 ft. in. 7 ft. in. 8 ft. in. 12 ft. in. 16 ft. in. 20 ft. in. 24 ft. in. 75 square feet 120 square feet 160 square feet 250 square feet 400 square feet 625 square feet 840 square feet Provided, however, that the minimum size of every inner court which is bounded on one side for its entire length by a lot line may be as follows: 84 Act 4098a, §§24,25 GENERAL LAWS. 13;^0 Heig'ht of building based on the full number of stories in the building measured upward from and including the lowest story in which there is an apartment or apart- ments. Minimum width of court Minimum area of court 1 or 2 stories. . . . 3 stories 4 stories 5 stories 6 stories 7 stories 8 stories and more 5 ft. in. 6 ft. in. 7 ft. in. 9 ft. in. 16 ft. in. 20 ft. in. 24 ft. in. 75 square feet 120 square feet 160 square feet 250 square feet 400 square feet 625 square feet 840 square feet Every inner court hereafter constructed and every inner court or vent shaft now in any tenement house shall be provided with a door or win- dow at or near the bottom thereof, giving sufficient access to such court or vent shaft as to enable it to be properly cleaned out. § 24. Recess. Every recess from a court, yard or street in a tene- ment house hereafter erected shall, unless it conforms to the require- ments of this act for an inner court, or an outer court, be not less in width than its depth. Every such recess shall be open and unobstructed to the sky from a point not more than two feet above the floor line of the lowest story in the building in which there are rooms the said recess proposes to serve. §25. Intakes for inner court. Construction, Every inner court in a tenement house hereafter erected shall be provided with one or more horizontal intakes at the bottom of the court, as follows: Inner court areas Each not exceeding 300 square feet Each not exceeding 800 square feet Each exceeding 800 square feet Minimum niimber of intakes Xet aggregate area of intakes One Two Two 19A square feet 40 square feet 60 square feet Every such intake shall always extend directly to the front of lot or front yard, or rear yard, or to a side yard, or to a street, or to a public alley or public park. Whenever more than one intake is required, one such intake shall extend to the front of lot or front yard, and one to the rear yard, public alley, public park, or to the other street, and the court ends of the air intakes shall be as far apart as possible. Each such intake shall consist of an unobstructed duct or passage- way having a minimum width of three feet in all its parts and a mini- miiii) height of six feet six inches. Every such intake shall be constructed of approved incombustible materials, or shall be lined with at least number twenty-six (gauge) gal- v;i.ii/cd iron on tlie inside thereof. Such air intakes may be closed 1331 TENEMENT HOUSES. Act 4098a, §§ 26-28 at each eud with a gate or grill having uot less than seventy-five per cent of open work. In case the inner court does not extend below the second floor level, then each such air intake may consist of an unobstructed open duct, constructed of approved incombustible materials or lined with at least number twenty-six (gauge) galvanized iron on the inside thereof, having an interior area of not less than nineteen and one-half square feet, and in no dimension less than twelve inches, and covered at each end with a wire screen of not less than one inch mesh. Every air intake shall be drained and so constructed and arranged as to be readily cleaned out. § 26. Cellars. In no tenement house shall any room in the cellar be constructed, altered, converted or occupied for living or sleeping purposes. Every cellar shall be illuminated and ventilated. The walls and floor of every cellar hereafter constructed, which are below the ground level, shall be made waterproof and dampproof, and whenever deemed neces^ sary, and so ordered by the department charged with the enforcement of this act, the walls and ceilings thereof shall be plastered. § 27. Basements. In no tenement house shall any room in the base- ment be constructed, altered, converted or occupied for living or sleep- ing purposes, unless such room conforms to all of the requirements of this act for rooms in other parts of the building and that the ceiling of each such room be in all parts not less than seven feet above the ad- joining level. Every basement shall be illuminated and ventilated. The walls and floors of every basement hereafter constructed, which are below the ground level, shall be made waterproof and dampproof, and whenever deemed necessary, and so ordered by the department charged with the enforcement of this act, the walls and ceilings thereof shall be plastered. § 28. Ventilation beneath floor. Floor made impervious to rats. In every tenement house hereafter erected, the lowest floor thereof shall be at least eighteen inches above the surface soil adjoining and under the floor, and the entire space under such floor shall be kept dry, drained, clean and free from any accumulation of rubbish, debris or filth. Such space under the floor shall be inclosed and provided with a suffi- cient number of openings with removable sc~i-eens or similar provisions of a size to insure ample ventilation; provided, however, that in any such building the lowest floor thereof may be less than eighteen inches above the surface soil, but in no case less than six inches, except where masonry floors are laid directly on the soil, if the said floor is made impervious to the ingress of rats or other vermin as follows: (a) Foundation walls shall be constructed of concrete or of brick or stone or other masonry laid in a good mortar or constructed of some other equally rat -proof material. (b) The said foundation walls shall be not less than six inches in thickness at the top nor less than twelve inches in thickness at the bot- tom, nor extend less than twelve inches below the surface soil, and, ex- Act 4098a, ^ 29 general laws. 1332 cept where masonry floors are laid directly on the soil, shall extend not less than six inches above the surface soil. (c) Every opening in the foundation walls, for ventilation or for other purposes, shall be made rat proof with suitable metal screens or with some other similar rat-proof material. Door or window openings in such walls shall have tight-fittiug doors or windows. (d) The said lowest floor or dift'ering levels thereof, forming a complete floor between the outside walls of the building, shall be constructed cither of masonrj', or covered with concrete not less than one and one- half inches thick, or constructed of two layers of flooring with a layer of galvanized iron or galvanized iron wire cloth or other approved equally as rat-proof material placed between the two layers of flooring. Or, in lieu of the floor being constructed as herein prescribed, the entire ground area under the floor shall be covered with concrete not less than two inches thick, except where the surface of the soil is composed of rock. The rat-proofing material shall always extend under the plates of the exterior walls and supporting partitions. (e) All openings throughout the said floor for chimneys, plumbing, water-pipes, or for any other purpose, shall be closed up tight in the same manner and with the same kind of materials as required under the plates of the exterior walls and supporting partitions, and if the rat- proofing material used for closing of openings is other than masonry, it shall extend beyond and uiaderlap the flooring all around the opening, not less than two inches. § 29. Floor area of rooms. Width and height. Water-closets, etc. Curtains. In every apartment in every tenement house hereafter erected there shall be at least one room containing not less than one hundred twenty square feet of superficial floor area, and every other room shall contain at least ninety square feet of superficial floor area, except water- closet, bath or slop-sink compartments, and except kitchens, closets, re- cesses from rooms, or dressing-rooms. Every kitchen shall contain not less than fifty square feet of super- ficial floor area. Every room shall at every point be not less than seven feet in width, nor less than nine feet in height, measured from the finished floor to the finished ceiling; except that attic rooms and rooms where sloping eeiliugs occur need be nine feet in height in but one-half the area of the room; provided, however, that the provisions of this paragraph shall not apply to water-closet, bath or slop-sink compartments, nor to closets, nor to recesses from rooms, nor to dressing-rooms, nor shall the provi- sions of this paragraph as to minimum width apply to kitchens. Every water-closet compartment shall be not less than thirty-six inches in clear width, and every such water-closet compartment, bath or slop-sink compartment, or closet, or recess from a room, or dressing- room, shall have a height of not less than seven feet six inches, meas- ured from the finished floor to the finislied ceiling. Every closet, recess from a room, or dressing-room, whicli contains more than twenty-five square feet of superficial floor area (built-in dressers, clothes-presses and similar features which arc a substantial part of the structure shall jiot be deemed to be a |)art of the floor area of a closet, recess from a 1333 TENEMENT HOUSES. Act 4098a, §§ 30-32 room) or dressing-room shall conform to all of the provisions of this act as to rooms, and shall contain not less than ninety square feet of superficial floor area. No part of any room in any tenement house shall hereafter be in closed or subdivided wholly, or in part, by a curtain, portiere, fixed or movable partition, or other contrivance or device, for any purpose con- trary to any of the provisions of this act. Entertainment, amusement or reception rooms hereafter constructed, altered or converted in any tenement house shall conform to the pro- visions of section thirty-three of this act. § 30. Windows. Opening into vent shaft. Opening through porch. In every tenement house hereafter erected every room, kitchen, and every water-closet compartment, toilet or shower-room, and bath or slop- sink room (except in the cellar), shall have at least one window of the area hereinafter required opening directly upon a street, or upon a yard or court, of the dimensions specified in this act and located on the same lot. All windows required by this act shall be located so as to properly light all portions of the rooms, and shall be made so as to open in all parts and so arranged that at least one-half of each such window may be opened unobstructed; provided, however, that the windows required by this section in a water-closet compartment, toilet or shower-room, and bath or slop-sink room, may open directly into a vent shaft, such vent shaft to be of the minimum size and constructed of the materials and in the manner prescribed by section sixty-one of this act; provided, further, that windows required to open on to a street, yard, or an outer court, except windows from kitchens, may open through porches, pro- vided that said porches do not exceed seven feet in depth measured at right angles to the windows, and that at least seventy-five per cent of the entire side of the porch, bounded by the street, yard, or outer court, is left open except that the open space may be inclosed with mosquito screens. § 31. Window area. In every tenement house hereafter erected the total window area in each room except in a water-closet compartment, bath, toilet, slop-sink room or shower-room shall be at least one-eighth of the superficial floor area of the room. The aggregate window area in each room shall be not less than twelve square feet, and no single window shall be less than six square feet in area. All measurements for window area shall be taken to outside of sash. § 32. Windows. In every tenement house hereafter erected each window in a water-closet compartment or bath, toilet or slop-sink room, or shower-room, shall be not less than three square feet in area. The aggregate area of windows for each such compartment or room shall be not less than six square feet. In each such compartment or room con- taining more than one water-closet, bath, urinal, or slop-sink, the aggre- gate window area shall be equivalent to three square feet for each water-closet, bath, urinal or slop-sink therein, except that at no time Act 4098a, §§ 33, 3-4 general laws. 1334 need the aggregate window area exceed one-fourth of the superficial floor area of such compartment or room. § 33. Windows. Ventilation by fan exhaust system. Penalty for fail- ing to maintain system. Height of amusement rooms. In every tenement house hereafter erected, the total window area in each room used for the purpose of amusement, entertainment or as a reception-room, or any room used for similar purposes, which room has a superficial floor area not exceeding one hundred eightj^ square feet, shall be at least one-eighth of the superficial floor area of such room. Every such room which has a superficial floor area exceeding one hun- dred eighty square feet shall have an aggregate window area not less than that recjuired for a room of one hundred eighty square feet of superficial floor area. Amusement, entertainment or reception-rooms and rooms used for similar purposes, in lieu of being provided with windows, as in this sec- tion prescribed, may be provided with a fan exhaust system of ventila- tion. Such fan-exhaust system of ventilation shall consist of independ- ent inlet ducts, extending from the outer air to each such room and exhaust ducts extending from each such room to the outer air above the highest roof of the building. All of the inlet ducts and exhaust ducts shall be constructed of gal- vanized iron or other smooth-surfaced, nonabsorbent material and so aiTanged that they may be readily cleaned out. The exhaust ducts shall always be connected to an exhaust fan me- chanically operated, so designed and operated as to provide a complete change of air in not to exceed fifteen minutes for each such room. Any person in charge of a building in which a system of fan-exhaust ventilation, as in this section is required, who fails, neglects or refuses to operate and maintain the said system of ventilation in good order and repair so that the ventilation (complete change of air) herein speci- fied is provided in each such room at all times, shall be deemed guilty of a misdemeanor and subject to all of the penalties fixed by this act. Every amusement, entertainment or reception room, or any room used for similar purposes, shall have a minimum height between the finished floor and the finished ceiling of not less than nine feet. No Kuch room or part thereof shall be used for living or sleeping apartments, except that said room or part thereof complies with all of the other provisions of this act, for living and sleeping apartments. §34. Windows in public hallway. Skylight. French windows. In every tenement house hereafter erected, every public hallway on any floor where there arc more than three apartments shall have at least one window opening directly upon a street, or upon a yard or a court of the dimensions specified in this act and located on the same lot; such windows shall be at the end of the public hallway and placed so as to secure the maximum light into tlio hallway; provided, however, that in tenement houses not exceeding two stories in height, the public liallway may, in lieu of such windows, be lighted and ventilated by one or more skylights constructed in accordance with Itie provisions of this act. 1335 TENEMENT HOUSES. Act 4098a, §§ 35, 36 Every window required by tliis act in a public hallway shall be not less than twenty-nine inches in clear width, nor less than fifty-eight inches in height, and the finished sill of same shall not be more than thirty inches above the adjoining finished floor. Every such window shall be made so as to open and so arranged that at least one-half of the window may be opened unobstructed. Every skylight provided for in this section sliall have an effective horizontal area of glass of not less than fifteen square feet, and shall have ridge ventilators or fixed or movable louvres so as to provide a ventilating area of not less than five hundred square inches. Such skylights shall be so located that no portion of the hallway be distant more than twenty feet (measured from a vertical line), from a skylight opening. Any part of a public hallway which is offset, recessed, or cut off from any other part of a hallway where such offset or recess is more in length than one and one-half times the width of the public hallway from which it offsets or recesses, shall be deemed a separate public hall- way within the meaning of this section. FTench windows or doors, if arranged to open and glazed to give the areas of opening and glass required by this act for windows in public hallways, may be used in lieu of windows therein. § 35. Ventilating skylight. In every tenement house two or more stories in height hereafter erected, where there are more than three apartments on any one floor, there shall be provided at the roof over each stairway a ventilating skylight, placed directly as practicable over same, having a minimum effective horizontal area of glass at least twenty square feet in area for buildings two stories in height, and the area of glass in such skylight shall be increased at a ratio of six square feet for each additional story in height. In every such skylight the ventilating area shall be not less than five hundred square inches. Every such skylight and the ventilating openings and the shutters and the closing and opening devices for the ventilating openings shall be made of approved incombustible materials, and so arranged that the entire ventilating area may be readily opened from at least the top- most and first story levels, except that in tenement houses not exceeding four stories in height the ventilators may be arranged so as to open from at least the first story, or the ventilators may be fixed permanently in an open position. Skylights as in this section prescribed may be omitted in case that windows are provided of the size fixed by section thirty-four hereof and located adjoining the stairways, and that each window adjoining the stairway be provided with an open louvre or ventilator providing a venti- lating area of not less than one hundred square inches or such louvre or ventilator may be placed in the roof over the stairway, in w^hich event the ventilating area shall be not less than five hundred square inches. Whenever a skylight is required as in this section provided there shall be constructed a stair well, the clear open area of which shall be at each floor equal to one-third of the area of glass in the skjdight. § 36. Water-closets. In every tenement house hereafter erected, every apartment shall be so arranged that access may be had to every living- Act4098a, §§ 37, 38 general laws. 1336 room, and to at least one water-closet compartment, without passing through a bedroom; provided, however, that nothing in this section shall be so construed as to prohibit passing through a bedroom in going from a kitchen to a bathroom or water-closet compartment. § 37. Water-closet for each apartment. Waterproof floor. In every tenement house hereafter erected there shall be installed one water-closet within each apartment located in a separate compartment or located in a compartment with a bathtub, shower or lavatory, used exclusively by the occupants of the apartment. No door or other opening to a water-closet compartment shall open from or into any room in which food is prepared or stored. The walls inclosing a water-closet compartment shall be well plastered or con- structed of some nonabsorbent material, except that the ordinary wood trim of openings may be used in such compartment. Every such com- partment shall be provided and equipped with a full door, properly hung, and provided with a lock or bolt to lock same. The floor of every such water-closet compartment shall be made water- proof with asphalt, tile, marble, terrazzo, cement, or some other similar nonabsorbent material, and such waterproofing shall extend not less than six inches on the vertical walls of the room. No water-closet fixture shall be inclosed with woodwork. § 38. In tenement house already erected. Sewer connection required. In every tenement house erected prior to the passage of this act there shall be provided at least one water-closet in a separate compartment, located on the public hallway of the same floor, for every three apart- ments or fractional part thereof on such floor which are not provided with private water-closets. Where two or more water-closets are re- quired by the provisions of this section to be located on a public hall- way, one of such water-closets shall be distinctly marked "for men," and one of the water-closets distinctly marked "for women"; provided, however, that the housing department charged with the enforcement of this act may exempt any tenement house existing at the time of the passage of this act from fully complying with the provisions of this jiaragraph, when, in its discretion, such deviation will not be detrimental to the health of the occupants thereof or to the sanitation of the said tenement house or premises. Nothing in this section shall be construed as permitting such exemp- tions to apply to any addition or extension to any tenement house. Every water-closet hereafter placed in a tenement house erected prior to the passage of this act shall comply with every provision of this act relative to wnter-closets installed in tenement houses hereafter erected, except tiiat if a water-closet is installed in the top story of any such liuilding, the compartment in which it is installed may be ventilated by a skylight with fixed louvres in lieu of a window; provided, however, that a new water-closet may be installed to replace a defective or anti- quated fixture in the same location. Every tenement house erectcn] prioi' to the ])assa'ge of this act, or here- after erected, where; a coniM'ctidn wilh the sewer is possible, shall discon- tinue Ihe use of any school sink, privy vault, or any similar receptacle J-'5'57 TENEMENT MOUSES. Act 4098a, §§ 39-41 used to io(-eive fecal matter, urine or sewage, aud every such receptacle shall be completely removed and the place where it was located be properly disinfected. All such receptacles shall be replaced by indi- vidual water-closets of durable nonabsorbent material, properly con- nected, trapped, vented and provided with flush tanks, the same as is re- quired, by the provisions of this act. in tenement houses hereafter erected. i §39. Bathtub or shower. In every tenement house hereafter erected there shall be a bathtub or shower within each apartment, and such bathtub or shower shall be located in a separate compartment, or there may be provided one such bathtub or shower in a separate compartment for every three such apartments which are not provided with private baths or showers; provided, that said bathtub or shower is on the same floor and is accessible from each apartment through the public hallway. In everj' tenement house hereafter erected there shall be at least one kitchen sink within each apartment. The walls, floors and openings to every bath, shower or slop-sink room hereafter constructed shall conform to all of the provisions of this act relative to the waterproofing of the walls and floors, and of the con- struction of the doors of water-closet compartments in tenement houses hereafter erected. § 40. In tenement house already erected. In every tenement house erected prior to the passage of this act there shall be provided at least one bathtub or shower in a separate compartment, located on the same floor, for every five apartments, or fractional part thereof, which are not provided with private baths or showers, on each such floor, and there shall be provided at least one kitchen sink in each apartment; provided, however that the department charged with the enforcement of this act may exempt any tenement house existing at the time of the passage of this act from fully complying with the provisions of this gection when, in its discretion, such deviation will not be detrimental to the health of the occupants thereof or to the sanitation of the said tenement house or premises; provided, further, that no such exemption shall apply to any addition or extension to a tenement house. § 41. Running water. Sewer connection. In every tenement house hereafter erected every plumbing fixture shall be provided with run- ning water, and there shall be provided faucets, with running water, sufficient in number so that all of the yards, courts and passageways may be washed. Faucets shall be of the hose bibb type, not less than three-quarter inch size. Every plumbing fixture affecting the sanitary drainage system in tenement houses hereafter erected, shall be properly connected with the street sew'er, if a street sewer exists in the street abutting the lot on which the building is located and is ready to receive connections. When it is impracticable to connect such plumbing fixtures with a street sewer, then the plumbing fixtures shall be connected and drained into a cess- pool constructed satisfactorily to the department charged with the enforcement of this act; or some other means of sewage disposal satis- Act .t098a, §§42-44 general laws. 1338 factory to the department charged with the enforcement of this act may be made until such time as it may become practicable and possible to connect with the street sewer. § 42. In tenenient house already erected. In every tenement house erected prior to the passage of this act, every plumbing fixture shall be provided with running water, and there shall be provided faucets, with running water, sufficient in number so that all of the yards, courts and passageways may be washed. Faucets shall be of the hose bibb type, not less than tliree-quarter inch size. § 43. In case no running water. Privy. Water-closets, baths, show- ers, sinks, slop-sinks, faucets and other plumbing fixtures required by this act need not be installed in the event that the tenement house here- after erected or an existing tenement house, as the case may be, is situated where there is no running water and where there is no practical means of sewage disposal, until such time as it becomes practicable and possible to obtain running water and means of sewage disposal; pro- vided, in every such case the department charged with the enforcement of this act shall decide whether or not it is practicable and possible to provide running water and proper means of sewage disposal. A special permit in writing shall be obtained in every such case from the depart- ment charged with the enforcement of this act, which permit shall be made in duplicate, and a copy thereof shall remain on file in the depart- ment issuing it; provided, further, that proper, separate toilet facilities for each sex shall be provided for the iise of the occupants of such build- ing. Such facilities shall be made sanitary. A privy, or toilet other than a water-closet, erected under the authority of this section shall con- sist of a pit at least three feet deep, with suitable shelter over the same to afford privacy, and protection from the elements. The openings of the shelter and pit shall be inclosed by mosquito screening, and the door to the shelter shall be made to close automatically by means of a spring or other device. No privy pit shall be allowed to become filled with excreta to nearer than one foot from the surface of the ground, and the excreta in the pit shall be covered with earth, ashes, lime or similar substances at regular intervals. All drainage water shall be conveyed from the premises by means of a covered drain to a covered cesspool. § 44. Plumbing fixtures made sanitary. In every tenement house here- after erected all plumbing fixtures affecting the sanitary drainage system shall be properly trapped and vented and made sanitary in every par- ticular. In any tenement house hereafter erected, and in any tenement house erected prior to the passage of this act no plumbing fixtures shall 1)0 inclosed witli woodwork, but the space under and around same must be left entirely open. All woodwork inclosing a water-closet, sink, slop- sink, wa.sh tray or lavatory shall be removed and the floor and wall surface beneatii uikI around smdi water-closet, sink, slop-sink, wash-tray or lavatory shall be maiiif iiincd in good repair, and if of wood, well painted with a light-colored ]iaint of suHicient body to make it non- absorbent. All wooden seats, attached to water-closet bowls, shall be varnished or enameled, or by some other method be made nonabsorbent. 1339 TENEMENT HOUSES. Act 4098a, §§ 45-48 In every tenement house hereafter erected water-closets shall have earth- enware bowls and shall have earthenware seats integral with the bowls, or wooden seats varnished or enameled so as to be nonabsorbent, or seats made of some nonabsorbent material attached directly to the bowls. No wooden wash-trays or wooden kitchen sinks shall be permitted in such buildings. All plumbing connections hereafter made in buildings shall be of standard lead, iron, steel or brass; and every gas and water service connection hereafter made shall be of steel or iron, and shall be equipped with cut-off valves placed outside of the building and such eut- otf valves shall be readily accessible. Whenever any plumbing fixture becomes insanitary the department charged with the enforcement of this act is hereby empowered to order the same removed and to order that it be replaced by a fixture conform- ing to the provisions of this act. § 45. Two means of egress. Every tenement house hereafter erected, three or more stories in height and in which there are three or more apartments on any one floor, shall be so designed and constructed that every apartment in such building shall have not less than two means of egress, either by stairways or fire-escapes, constructed in accordance with the provisions of this act. Such means of egress shall be accessible from every apartment, either directly or through a public hallway, and so located that should one egress be or become blocked, the other egress shall be available. § 46. Stairways. Every tenement house hereafter erected shall have not less than two stairways. Every fireproof tenement house hereafter erected shall have not less than one staii'way, not less than three feet six inches wide, for each six thousand square feet, or fractional part thereof, of floor area in any one floor above the first floor thereof. Every semi-fireproof tenement house hereafter erected shall have not less than one stairway, not less than three feet six inches wide, for each four thousand square feet, or fractional part thereof, of floor area in any one floor above the first floor thereof. Every wooden tenement house hereafter erected shall have not less than one stairway, not less than three feet six inches wide, for each three thousand square feet, or fractional part thereof, of floor area in any one floor above the first floor thereof. Every tenement house hereafter erected shall have not less than one stairway leading from the outside to every basement or cellar thereof. § 47. Computing number of stairways required. The largest floor area above the ground floor shall be used as the basis for computing the num- ber of stairways required in every tenement house hereafter erected; provided, that if all floors above the largest floor area of the building are diminished in area, the stairway or stairways from that portion of the building containing a smaller area may be computed on the basis of the largest floor area in that portion of the building. § 48, Location of stairways. All stairways hereafter constructed shall be located so as to furnish the best means of egress from the building, Act 4098a, §§ 49, 50 general laws. 1;J4() and shall be as far removed from each other as practicable, and shall be as follows: , *, Access to stairways shall be provided at every floor by means of a public hallway, corridor, or passageway, and the public hallway, corridor, passageway and stairway from the ground exit level to the top story or roof shall be accessible at all times. No stairway shall abut on more than one side of an elevator shaft, except on the lowest and topmost stories, provided that the stairway is so located that it can be approached from the street entrance without passing by or in front of the open side of the said elevator shaft. No stairway shall be located over a steam boiler, gas meter or gas heater or furnace, unless such boiler, gas meter, gas heater, or furnace be located in a room, the walls and ceiling of which are constructed as required for a boiler-room by section sixty-three of this act. No stair- way leading from any other portion of the building shall terminate in or pass througli a boiler-room. • § 49. Construction of stairways. Every stairway hereafter con- structed shall be as follows: have a rise of not more than eight inches and a run of not less than nine inches, without change in the run or rise between floors; and shall be provided with head room of not less than six feet six inches measured from the nearest nosing of the stairway to the nearest soffit. The depth of every landing in a stairway shall be not less than the width of the stairway, and all treads shall be of equal width for every run of stairs, and shall not vary in width in the width of the stairs. Stairways required by this act shall be continuous from the ground floor level to the top story, i. e., the flights of such stairways shall be constructed one directly 'above the other, or shall be constructed so that each flight shall be in plain view of each succeeding flight; provided, however, that half of the stairways from the upper floors may terminate at the second floor, in the event that the stairways from the first to the second floor be increased in width not less than fifty per cent. Every stairway shall have at least one handrail, and if the stairway be five feet or more in width, shall have a handrail on each side thereof. The underside and sofiits of wooden stair\^ays and the outside stringers of open stairways except outside stairway, in semi-fireproof and wooden tenement houses shall be metal lathed and plastered not less than three- quarters inch thick including the lath, or lathed with an approved plaster board and plastered not less than three-quarters inch thick including the plaster board. The width of stairways shall he measured in the clear of all projec- tions except the baseboards, and except that handrails and newel posts may project not more than four inches. §50. Space under stairway. No closet of any kind shall be con- Htruct('(i in any tenement house under any wooden stairway, but such space shall be kept entirely open, and be kept clean and free from all encumbrances; or such space shall be cfl'ectually closed with walls of studs, lathed and plastered, with no door or opening of any kind therein; provided, however, that the jirovisions of this section as to a closet 1341 TENEMENT HOUSES. Act 4089a, j^ 5^ 51-53 under a stairway shall uot api)ly to any tenement house not more than two stories in height, in which not more than two families live aliove the first floor thereof. §51. Stairway to roof. In tenement house already erected. In every tenement house hereafter erected more than two stories in height, the stairway nearest to the main entrance of the building shall be carried to the roof level and shall give egress to the roof through a penthouse or roof structure. In every such building not exceeding two stories in height there shall be constructed a scuttle in the public hallway near the stairway. Such scuttle shall be not less than two feet by three feet in area, and shall be cut through the ceiling and roof. Penthouses over stairways shall be built either of fireproof materials or of wood studs, lathed with metal lath or approved plaster board and plastered not less than three-quarters inch thick including the lath or plaster boara on the inside and outside thereof; or such penthouses may be covered in the same manner and with the same kind of materials as required by this act for the doors from such penthouses. The door to the roof from a penthouse or roof structure shall be self- closing and shall open outward to the roof, and shall be covered on both sides and edges with tin or other metal. The frames and trim of such door opening shall be similarly con- structed and all glass in such door shall be wired glass not less than one- fourth inch thick. Every tenement-house of more than two stories in height, erected prior to the passage of this act, shall have in the roof a penthouse or a scuttle, which scuttle shall be not less than two feet by three feet in area, located in the ceiling of a public hallway. There shall be provided a stairway or a stationary ladder, leading from the top floor of such tenement house to the roof thereof. Such stairway or stationary ladder shall be made readily accessible to all the tenants of the building. No scuttle or penthouse door shall at any time be locked with a key, but may be fastened on the inside by a movable bolt or lock. § 52. Hallways, etc., from stairways. Public hallways, landings and corridors from stairways shall be of the same width and measured in the same manner as the stairways, as provided in section fifty hereof. § 53. Fire-escapes. Types of fire-escapes. On every tenement house hereafter erected more than two stories in height, which contains more than three apartments, there shall be provided at least one fire-escape. If such tenement house exceeds three thousand square feet of floor area on any one floor above the second floor thereof, such building shall be provided with one additional fire-escape for each four thousand square feet of floor area or fractional part thereof. Fire-escapes required by this act shall be of one of the following types: Type 1. Metallic throughout and fastened securely to the exterior walls of the building, with a balcony at each story above the first story thereof, with inclined stairways connecting all balconies and a goose- neck ladder connecting the topmost balcony to the roof. The lowest bal- Act 4098a, § 53 general laws. 1342 eony of such fire-escape to be not more than fourteen feet above the street or ground level directly under same. All metallic balconies shall be not less than forty-four inches in width nor less than thirty-three square feet in area. Tlie stairway openings therein shall be not less than twenty-one inches wide and forty inches in length. The balcony balustrade shall be not less than thirty-four inches high, with no opening in such balustrade greater than eight inches in horizontal dimension. There shall be no opening greater than one inch in width in a fire- escape balcony platform, except the stair-well opening. There shall be no opening greater than one inch in width in the lowest fire-escape balcony platform, except that there be attached a counter- balanced or i^ermanent ladder reaching to the street or ground below. Every balcony platform shall be fastened to the outside walls of the building by building in and anchoring to such walls the balcony platform and the balustrade framing, or by securely bolting same thereto. Every balcony shall be supported by brackets, braces, or struts fastened to or built in and anchored to the walls. The inclined stairways shall be not less than eighteen inches in width and placed in no part nearer than twenty-one inches from the face of the wall. Such inclined stairways shall have an inclination of not less than four inches and not more than six inches horizontally to each twelve inches of vertical height. The treads shall be not less than four inches wide, placed not more than twelve inches apart. Each side of such stairways shall be provided with a handrail not less than one inch in diameter fastened to the stair stringers and continued around the well hole openings of balcony platform. The gooseneck ladder shall be not less than fifteen inches wide and extend vertically from the topmost balcony to three feet above the fire wall or roof above, and then be brought down and fastened to the inside face of the fire wall or to the roof. The rungs of the gooseneck ladder shall be not less than five-eighths inch round iron or steel, placed not more than fourteen inches apart. The gooseneck ladder shall be se- curely braced and fastened to the outside wall, and in no case shall such ladder pass in front of any opening in the wall to the interior of the building. The cornice opening for the passage of such ladder shall be not less than twenty-four inches in widtli and twenty-four inches in the clear outside of the ladder. Rueh fire-escape shall l)e framed and riveted or bolted together in a solid, substantial manner and properly supported, braced and fastened to tlie outside walls so as to ])e rigid, duralile and secure and carry the loads imposed. All metallic fire-escapes sliall be painted with not less than two I'oats of good, durable paint; or such fire-escapes may be galvanized. Tyix! 2. Metallic ladilcis and stairways conforming to the provisions set forth, for tyjio one .'mhI willi icinfon-cd I'oncrete or" iron or steel fireproofed balconies, with fastenings of similar materials. Such bal- conies to measure the full size inside of balustrades. Floor openings and well holes provided and protected similarly to the r(vpiiroments for metallic balconies. Vi-i'.i TENEMENT HOUSES. Act 4098a, § 53 Tyjje 3. Any type of an inclosed approved mciallic spiral fire-escape which consists of a rigid form of an inclined chute or chutes constructed entirely of incombustible material; securely attached to the outside walls of building; provided with proper means of ingress thereto from the building and egress therefrom at the bottom; having means enabling firemen to reach the roof thereby from the ground; equipped with stand- pipes; painted the same as provided for metallic fire-escapes; and satis- factory to the department charged with the enforcement of this act as being as solid, substantial and durable and as fireproof in construction, and providing at least as safe and efficient means of escape from the building for the occupants thereof, and furnishing all the protection and utility of the metallic fire-escapes described as "type one" in this act. Type 4. Fire and smoke towers, consisting of a fire-escape stairway not less than twenty inches in width, constructed of reinforced concrete, iron or steel, or a combination of these materials; and in all other details as required in this act for metallic fire-escape stairways; said stairways being continuous the full height of the building from the first floor exit level to the roof, and with handrails on each side thereof the full length of same. Such stairways to be constructed at a point adjoining the exterior walls of the building and be entirely inclosed with walls of brick, terra cotta tile, concrete or reinforced concrete not less than twelve inches thick; such walls to be continuous from the basement up to and extending three feet above the roof of the building, with no covering of any kind over same, and with no openings in the walls of such tower into the building. The inclosing walls of such tower not to be used to carry or support any floor joist, beam, girder or other struc- tural feature of the building, nor to be chased for any pipe, conduit or other purpose; to have an exit from the inclosure at the first floor line opening directly to a street or yard, and having an entrance by means of an outside balcony at each floor, such balconies to have a solid floor and in all other details and kind of materials to be as in this act re- quired for metallic fire-escape balconies. The balconies to be located and arranged to connect with a door opening from a public hallway in the interior of the building and with a door opening leading from the balcony to the tower, such door opening from the building to the bal- cony and from the balcony to the tower to be not less than thirty inches wide by seventy-two inches high and be equipped with metal-lined doors and with a frame and threshold of such door openings constructed of fireproof materials. Type 5. A fire and smoke tower in every way similar to "type four" of this section, except that instead of the outside balcony there be built a vestibule with inclosing walls continuous with and of the same kind of materials and of the same thickness as the inclosing walls of the fire tower; that the vestibule opening be direct from a public hallway and be equipped with metal-lined doors. The vestibule floor to be of masonry construction. The inclosure to have an opening at each floor through the exterior wall of the building, such oi^ening to extend from the floor to the ceiling and be not less in width than three-fourths of the width of the tower, said opening to be protected with an open metallic balustrade similar to that specified for metallic fire-escape balconies. Act -lOOSa, §§ 54-57 general laws. 1344 §54. stairway and fire-escape combined. In any teueiiieut house hereafter erected in which there is constructed a fire escape of "type four" or "type five," as prescribed in this act, such fire-escape niay be used and constructed as a stairway and a fire-escape combined; provided, that there is at least one other stairway or one other fire-escape con- structed in accordance with the provisions of this act, in the said building. § 55. Location of fire-escapes. Every fire-escape required by this act shall be located on the building so as to furnish the best means of escape therefrom for the occupants, and at least one such fire-escape shall be located on a street front. Every fire-escape shall have egress thereto from a public hallway or passageway not less than three feet wide, or such fire-escapes in lieu of being located on a public hallway, shall be so located that each apartment has direct egress thereto without passing through another apartment, or if a public parlor, public lobby or simUar room is connected directly with the public hall, corridor or passageway through a clear and unobstructed opening, without doors, then egress may be had thereby to a fire-escaj^e. Signs both pointing toward and marking the locations of fire-escapes shall be placed on each floor. § 56. Computing number of fire-escapes required. The largest floor area above the second floor shall be used as a basis for computing the number of fire-escapes required by this act; provided, that if all floors above the largest floor area are diminished in size, the number of fire- escapes from that portion of the building containing the smaller area may be computed on the basis of the largest floor area in that portion of the building. § 57. Strength of platform, etc. All parts of each balcony platform of a fire-escape shall be designed to carry, in addition to the dead load thereof, a live load of one hundred pounds per square foot over the entire area thereof (using outside dimensions) and the live and dead loads from the ladders or stairs supported thereon. Each ladder shall be designed to withstand a horizontal pressure of one hundred pounds per square foot. Each stairway shall be designed to carry, in addition to the dead load thereof, a live load of one hundred fifty pounds jier square foot of hori- zontal projection. Top rails of balcony balustrades shall be designed to withstand a hori- zontal pressure of one hundred pounds per lineal foot of railing. Each balcony shall be independently supported. All fastenings of fire-escape balconies to the building shall be designed to carry twenty-five per cent greater load than the total dead and live loads carried by the balconies. The balcony anchorage shall be direct to the structural steel or iron members of the balustrades and platforms extended into the walls and anchored into the structural work of the building. t, The level of the insid(> sill of the door or window giving access to a fire-escape balcony or the bnlcony floor shall be not more than thirty inches above the adjoining floor in the building. Every such door or 1345 GENERAL LAWS. Act 4()!)8a, § § 58-(j<) window opeuiug shall Ije not loss than twenty-nine ineh(>s in clear width, nor less than fifty-eight inches in height. Where double-hung windows are used in such opouings, tlie lower sash shall be at least the size of the upper sash and shall slide to the top of such opening. Any lock used on any such window shall be of a type which can be readily opened j'rom the interior of tlu- buihling without the use of a key or other tool. §[58. Readily accessible. Every fire-escape in or on tenement houses hereafter erected, or in or on tenement houses erected prior to the pass- age of this act, -shall at all times be niaintaind in good order and repair, well painted and clear and unobstructed at all times, and be readily accessible. § 59. Standpipes. On every tenement house hereafter erected four or more stories in height, there shall be provided one or more metallic standpipes. Each such standpipe shall be not less than four inches in internal diameter, and shall have a Siamese inlet valve near the side- walk or the ground directly under same, and an outlet valve at each story above the first story and on the roof. One such standpipe shall be placed on or in the exterior walls of the building at one fire-escape on each street frontage, and the outlet valves shall be readily accessible from the balconies of the fire escape. The inlet and outlet valves on every standpipe shall be threaded and brought to a size which will meet the standard connections of the local fire department of the municipality in which such tenement house is being erected. The standpipes required by this section need not be installed in any tenement house which is sittiated where there is no running water anci where it is not practicable or possible to obtain water for efficient use of such standpipes in case of fire, until such time as it is practicable and possible to obtain running water; and the department charged with the enforcement of this act shall decide whether or not it is possible or practicable to obtain running water. § 60. Elevator shafts inclosed. In every fireproof tenement house hereafter erected, every elevator shaft, dumb-waiter shaft or other in- terior shaft shall be inclosed in walls constructed of concrete, reinforced concrete, brick, terra cotta tile or other similar hard incombustible materials, or shall be constructed of metal studs lathed either with metal lath or an approved plaster board and plastered on both sides so as to make a solid partition not less than two inches thick. In every seuii-fire])roof or wooden tenement house hereafter erected, every such shaft shall be inclosed by walls constructed as provided by this act for fireproof tenement houses, or such walls may be constructed with, wood studs, with wood firestops the same size as the studs, cut in between the studs at each floor and half way between each floor, lathed on both sides with metal lath or an approved plaster board and be plastered not less than three-quarters inch thick including the lath or the plaster board. Every opening from any shaft into the building shall be equipped with a metal door and with door frame and trim entirely of metal; or such 85 Aft 4098a, §§ 61, 62 general laws. 1346 door and door frame shall be constructed of wood covered with metal on the shaft side thereof and if there is any glass therein, such glass shall be wired glass not less than one-fourth (i^) inch thick. Every door or window therein shall be made to close tight, and every door except elevator doors therein shall be self-closing. Every window in such shaft shall be of wired glass, not less th^-u one-fourth (i/4) inch thick, set in a metal sash or a sash metal covered on the shaft side thereof. At the roof over every elevator shaft there shall be constructed a ventilating skylight or a ventilator with open louvres. § 61. Vent shafts inclosed. In every tenement house hereafter erected every vent shatt shall be inclosed with walls constructed the same as re- quired by this act for elevator shaft in the same class of building. Such vent shaits may, in a semi-fireproof or wooden tenement house, be lined on the outside thereof (weather side) with metal in lieu of metal lath and plaster; also, that portion of such shaft extending from the ceiling joists to the top thereof may be lined with metal in the same manner as is required for the weather side of such vent shaft. Every opening from any vent shaft into the building or any window therein, shall be equipped in the same manner as required by this act for elevator shafts in the same class of building. Plaster on the weather side of any such shaft shall be cement plaster. Every vent shaft required by this act shall be not less than four feet in any direction and be at least sixteen square feet in area. If such vent shaft exceeds fifty feet in height, measured from the bottom to the top of the walls of such shaft, then such vent shaft shall through- out its entire height be increased in area th^ee square feet for each addi- tional ten feet or fractional part thereof above fifty feet. Every such vent shaft shall be provided with an air intake or duct at or near the bottom thereof, communicating with the street or yard or a court. Such intake shall be not less than three square feet in total area, and may be divided into not more than three separate ducts running between the joists or otherwise, and shall in all cases be placed as nearly horizontal as possible. Every such intake or duct shall be constructed of approved fireproof material or shall be of metal or metal lined, and be provided with a wire screen of not less than one inch mosh at each end. Plumbing, gas, steam or other similar pipes may be placed in such vent shaft. Every such vent shaft shall have a door or a window at or near the bottom of the shaft, s^o arranged as to permit of its Ix'ing readily cleaned out. §62. Walls of inner court. The walls of every inner court in a fire- proof tenement house hereafter erected shall be constructed of concrete, reinforced concrete, brick, terra cotta tile or other similar hard incom- l)ustible material. In a semi-fireproof or ii: a wdodiMi tenement house Huch inner court walls, if surrounded (in Wnw sides liy the walls of the same building, shall be constructed as ])rovided for fireproof tenement houses, or may be of wood studs, with wood firestops the same sizes as 1347 TENEMENT HOUSES. Act 4098a, §§ 63, 64 the studs, cut iu between the studs at each floor aud halfway between each iloor, lathed on both sides with metal lath, or an approved plaster board, and be plastered not less than three-quarters inch thick includ- ing the lath or the plaster board. Plaster on the weather side of such inner court walls shall be cement plaster, or such inner court walls may be lined on the weather side with not less than tho nunil)er twenty- six (gauge) metal, in lieu of metal lath aud plaster. § 63. Boiler-room. Doors iu boiler-room. In every tenement house hereafter erected, every boiler used for purposes of heating the building, using fuel other than gas, and every heating furnace or water-heating apparatus, using oil for fuel, shall be installed in a room, the walls of which room shall be built of concrete, reinforced concrete, brick, stone or terra cotta tile, not less than six (6) inches thick, and such walls shall extend from the floor of the boiler-room to the ceiling over same. The entire ceiling of such room shall be built of similar materials as the walls, or shall be built with a double ceiling, with, a space of not less than seven-eighths inch between the two ceilings; each ceiling shall be metal lathed or lathed with an approved plaster board and be plas- tered not less than three-quarters inch thick, including the lath or plaster board. The floor of a boiler-room shall be of concrete not less than two (2) inches thick. Any door in the wall of such room shall be a fire-resisting door, con- structed of three (.3) thicknesses of seven-eighths (%) inch by not more than six (6) inches, tongued and grooved, matched redwood boards entirely covered on the sides and edges with lock-jointed tin; every such door shall be self-closing, so hung as to overlap the walls of the room at least three (3) inches, and any glass in any such door or any glass in any window or opening in the walls of a boiler-room shall be wired glass, not less than one-fourth (M) inch thick, set in a metal or metal covered sash. All such doors shall have hinges, hangers, latches and other hardware of wrought iron, bolted to the doors, and shall have steel tracks, when sliding doors are used, with wronght-iron stops and binders bolted through the wall. Swinging doors shall have wall eyes of wrought iron, built into or bolted through the wall. Every such boiler-room shall have a sill across each door not less than four (4) inches high. Such sill shall be of masonry, and the doors shall overlap same at least three (.3) inches, or in lieu of a masonry sill a steel or iron sill may be used, in which case the bottom of the door shall close tight on top of sanie. Every swinging door in ti boiler- room shall open outward from the boiler-room. Where oil or other fluid fuel is burned, the oil or other fluid fuel .shall not be fed by a gravity flow. § 64. Garage. In every tenement house hereafter erected any por- tion of such building, in which there is kept or stored auy automobile or automobiles, shall be a room, the inclosing partitions of which shall be built of concrete, reinforced concrete, brick, stone or terra cotta tile, not less than six (6) inches thick, or may be of wood studs lined on the automobile storage room side with redwood boards not less than Act 4098a, §§ 65-67 general laws. 1348 seven-eighths (%) of an iuch thick covered with asbestos paper one- eighth (Vs) of an inch thick, and then covered with No. 26 (gauge) galvanized iron, and such inclosing partitions shall extend from the floor of the room to the ceiling of the same. The entire ceiling of such room shall be built of material similar to that used in the construction of its walls, or shall be either metal lathed and be well plastered or be lathed with an approved plaster board and be well plastered. The floor of every such room shall be of concrete not less than two (2) inches thick. Every door, window or other opening in the walls of such room, open- ing to the interior of the building, shall be protected in the same manner as required by section sixty-three hereof for doors, windows and other openings in a boiler-room. § 65. Height of additional rooms In tenements erected, prior to act. In any tenement house erected prior to the passage of this act, every additional room or hallway that is hereafter constructed or created, may be of the same height as the other rooms or hallways on the same story of such tenement house. § 66. Windows in tenement already erected. Every room in a tene- ment house erected prior to the passage of this act shall, if the said room be hereafter occupied for living or sleeping purposes, have a window of an area not less than eight square feet, opening directly upon a street, a yard, a court or upon a vent shaft not less than twenty-five square feet in area, which vent shaft shall in no part be less than four feet wide and open and unobstructed, without roof or skylight over same; except that if such room be located on the top floor of the building, such room may be ventilated by a skylight with fixed louvres directly to the outer air, or may have a window opening upon a vent shaft not less than ten square feet in area, if such window from the room be not more than three feet below the top of the wall of such vent shaft. Every public hallway -in every tenement house erected prior to the passage of this act, which does not conform to the provisions for public hallways in buildings hereafter erected, shall be provided with light and ventilation to the outer air. Such light and ventilation shall be provided by the placing of windows or skylights, or by making such alterations as in the judgment of the housing department may be deemed iiecessary 1o acconiplisli the result. § 67. Cooking in bath, etc., unlawful. Sleeping in cellar, etc., unlaw- ful. Floor space for each occupant. 11 shall bo unlawful for any person to cook or to prepare food, or tn pcMinit or suffer any person to cook or to prepare food in any l)atii, shower, slop-.sink or toilet-room, water- closet co?npartmen1 ; m in any cldsct, or recess from a room, or dressing.- room, which does not cniildrni to ail the provisions of this act as to size of kitchens and wimlows opening to a street, yard or court, or in any otiier jilace in sucli building wliicli, in the judgment of the depart- ment ciiargcd witli the enrnrcement of this act, is detrimental to the ]»roper sanitation of sucli Imihling. 1349 TENEMENT HOUSES. Act -lOySa, §§ 68-70 It shall be unlawful for any person to live or sleep, or permit or suffer any person to live or sleep in any cellar, bath or shower com- partment or slop-sink room, water-closet compartment, hallway, closet, kitchen, recess from a room or dressing-room, except when such recess from a room or dressing-room has not less than ninety square feet of superficial floor area and complies with every other requirement of this act for rooms, or in any other place which, in the judgment of the de- partment charged with the enforcement of this act, would be dangerous or prejudicial to life or health by reason of want of light, windows, ventilation, drainage, or on account of dampness or offensive, obnoxious or poisonous odors, or in any room that shall be so overcrowded as to afford less than the following floor space for each occupant, in accord- ance with the age of the said occupant: Number of persons over 12 years of age Number of persons under 12 years of age Superficial floor area required 1 or 9 60 square feet 120 square feet 180 square feet 21:0 souare feet 2 or 4 3 or 6 4 or 8 5 or 10 300 square feet 360 square feet 6 or 12 Additional floor area in the same ratio shall bo provided for additional persons. § 68. Lighting of hallways, etc. In every tenement house there shall be installed and kept burning from sunrise to sunset throughout the year artificial light suflieient in volume to properly illuminate every public hallway, stairway, fire-escape egress, elevator, passageway, public w^ater-closet compartment, or toilet-room, whenever there is insufficient natural light to permit a person to read in any part thereof. In every tenement house there shall be installed and kept burning from sunset to sunrise throughout the year artificial light sufficient in volume to properly illuminate every public hallway, stairway, fire-escape egress, elevator, public water-closet compartment, or toilet-room and exterior passageway on the lot. § 69. Light-colored material on walls. The walls and ceilings of every sleeping-room in every tenement house shall (except when there is sufficient natural light to permit a person to read in any part thereof during daytime) be calcimined or painted or papered with a light-colored material, and such calcimine, paint or paper, as the case may be, shall be renewed as often as is necessary to maintain the same of a light color and clean and free from vermin. The walls of courts and shafts, unless built of light-colored materials, shall be painted of a light color or whitewashed, and such painting or whitewashing shall be renewed as often as is necessary to maintain the same of a light color. § 70. Repapering. No wall, partition or ceiling of any room in any tenement house shall be repapered, calcimined, or have any other cover- ing placed thereupon unless the old wall paper or other covering shall Act 4098a, §§ 71-74 general laws. 1350 have first beeu removed therefroin, and the said wall, partition or ceiling cleaned, disinfected and freed from bugs, insects or vermin. §71. Repairs. Every tenement house shall be maintained in good repair. The roofs shall be kept waterproof and all storin or casual water properly drained and conveyed therefrom to the street sewer, storm drain or street gutter. All portions of the lot about a tenement house, including the yards, areaways, vent shafts, courts and passageways, shall be properly graded and drained; and whenever the department charged with the enforce- ment of this act deems it necessary for the protection of the health of the occupants of such building, or for the proper sanitation of the premises, it may require that the said lot, yards, areaways, vent shafts, courts and passageways be graveled or properly paved and surfaced with concrete, asphalt or similar materials. § 72. Metal mosquito screening. There shall be provided, whenever it is deemed necessary for the health of the occupants of any tenement house or for the proper sanitation or cleanliness of any such building, metal mosquito screening of at least sixteen mesh, set in tight-fitting removable sash, for each exterior door, window or other opening in the exterior walls of the building. § 73. Garbarge cans. In every tenement house there shall be pro- vided by the occupants, or tenants, such number of tight metal recep- tacles with close-fitting metal covers for garbage, refuse, ashes and rubbish as may be deemed necessary by the department charged with the enforcement of this act, or in lieu of such metal receptacles there may be constructed a garbage chute or shaft approved by the housing department. Each of said receptacles shall be kept in a clean condition by the occupants, or tenants and in the case of a chute or shaft by the person in charge or in control of the building. § 74. Rooms, etc., to be kept clean. Swill, etc., not to be deposited, in plumbing fixtures. Every room, liallway, passageway, stairway, wall, partition, ceiling, floor, skylight, glass window, door, carpet, rug, mat- ting, window curtain, water-closet compartment or room, toilet-room, bathroom, slop-sink, or wash-room, plumbing fixture, drain, roof, closet, cellar, or basement in any tenement house or on the lot, yard, court or any of the premises thereof, shall be kept in every part clean and sanitary and free from all accumulation of debris, filth, rubbish, garbage or other offensive matter. No person shall, or cause or. jieriiiit any person to, deposit any swill, garbage, bottles, ashes, cans or other improper substances in any water- closet, sink, slop-hopper, batlilul), sliower, catch-basin, or in any plumbing fixture connection or drain theretiimi ; or otherwise to obstruct the same; or to jilace or cause or permit to l)e placed any filth, urine or other foul matter in any pl.-ice oilier llian the place provided for same; or to keep or cause or permit lo be kept any urine or filtli or foul niaHer in any room or af)artment in any tcuenicnf Ikmisc, or in or aliout the said building or proniises th(roperty, 1353 TENEMENT MOUSES. Act 4098a, ^§ 83-87 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 easily to find the same; and also the number of apartments in each house, the number of rooms in each apartment, and the number of fam- ilies occupying the apartments. In case of a transfer of any tenement house, it shall h^ the duty of tlie grantee of said tenement house to file in the housing department 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 the case of devolution of such property by inheritance with- out a will, it shall be the duty of the heirs, or in case all 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 (30) 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. § 83. Name of agent filed. Every owner, agent or lessee of a tene- ment house shall file in the housing department a notice containing the name and address of such agent of such house, for the purpose of receiving service of process, and also a description of the property, by street and number or otherwise, as the case may be, in such manner as will enable the department charged with the enforcement of this act easily to find the same. The name of the owner or lessee may be filed as agent for this purpose. § 84. Index of names. The names and addresses filed in accordance with sections eighty-two and eighty-three hereof shall be indexed by the housing department in such a manner that all of those filed in relation to each tenement house shall be together and readily ascer- tainable. Said indices shall be public records, open to public inspection during business hours. § 85. Time of service. Every notice or order in relation to a tene- ment house shall be served five days before the time for doing the thing in relation to which it shall have been issued. § 86. Manner of service. 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 sufficient service of summons to serve the same as notices and orders are served under the provisions of the Code of Civil Procedure. § 87. Minimuna requirements. Supplementary laws. Repeal of prior laws and ordinances. Powers of cities not abrogated. The provisions of this act shall be held to be the minimum requirements adopted for the protection, the health and the safety of the community, and for the protection, the health and the safety of the occupants of tenement houses. Nothing in this act contained shall be construed as prohibiting Act 4098a, §§ 88-90 general laws. 1354 the local legislative body of any iueorporated town, incorporated city, incorporated city and county, or county, from enacting, from time to fime, supplementary ordinances or laws imposing further restrictions, or providing tor fees to be charged for permits, certificates, or other t^apers required by this act; but no ordinance, law, regulation or ruling of any municipal department, authority, officer or officers, shall repeal, amend, modify or dispense with any of the provisions of this act. All statutes of the state and all ordinances of incorporated towns, incorporated cities, incorporated cities and counties, and counties, as far as inconsistent with the provisions of this act, are hereby repealed; provided, that nothing in this act contained shall be construed as repeal- ing or abrogating any present law or ordinance of any incorporated town, incorporated city, incorporated city and county, or county m the state which further restricts the percentage of the lot to be covered by a tenement house, the number of stories or height of such tenement house or number of apartments therein, the occupation thereof, the materials to be used in its construction, or increasing the size of the yards or courts, the floor space to each person occupying a room, the requirements as to sanitation, ventilation, light and protection against fire. Nothing in this act contained shall be construed as abrogating, dimin- ishing, minimizing or denying the power of any incorporated town, incorporated city, incorporated city and county, or county, by ordinance or law, to further restrict the percentage of the lot to be covered by a tenement house within said municipality, the number of stories or height of such tenement house or number of apartments therein, the occupation thereof, the materials to be used in its construction^ or in- creasing the size of the yards or courts, the floor space to each person occupying a room, the requirements as to sanitation, ventilation, light and protection against fire. § 88. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sen- tences, clauses, or phrases be declared unconstitutional. §89. In effect, when. This act shall take effect and be in force from and after September 1, 1917. §90. Act of 1911 repealed. The act entitled "An act to regulate 1lie liuiliiiiig and occupancy of tenement houses in incorporated towns, incorporated cities, and cities and counties, and 1o provide penalties for Ihe violation thereof and repealing an act (Mititlrd 'An act to regulate the l)uilding and occupancy of tenement houses in incorporated towns, incorporated cities, and cities and counties, and to provide penalties for llic violation thereof ai)iirove(l April Ki, 10(19. Statutes of California of ]'.H;'.), page 9JS." approved April 10, 1911., Statutes of California, 1911, jiago 8(50, anil ajiproved June 13, 1913, Statutes of California, 19i:{, page 737, and ajiproved May 29, 191^, Statutes of California page 952, and all a<'ts amendatory thereof are herel)y repealed. 1355 UNIVERSITY OF CALIFORNIA. Acts 4219-4263h, § 3 TITLE 589. UNITED STATES. ACT 4219. Au act to accept from the United States goveriimeut the cession of jurisdiction over a x^ortion of the Presidio of the San Francisco military reservation. [Approved May 17, 1917. Stats. 1917, p. 626. In effect July 2.7, 1917. J §1. Cession of jurisdiction accepted. The state of California hereby accei^ts from the United States government the cession of jurisdiction over that portion of the Presidio of the San Francisco military reser- vation designated by the secretary of war for the use of the Panama- Pacific international exposition company and its successors in interest, pursuant to the act of congress making appropriations for the support of the army for the fiscal year one thousand nine hundred seventeen, approved August 29, 1916, subject to the conditions, reservations and stipulations contained in said act. TITLE 593. UNIVEESITY OF CALIFORNIA. ACT 4263h. An act authorizing the construction of the unfinished portion of the library building of the University of California, and the construction of a building for general use as a recitation building, of a building for the use of the college of agriculture, and of a building for the use of the college of natural sciences as a chemistry building, ui>on the grounds of said University of California at Berkeley; provid- ing for the issuance and sale of state bonds to meet the cost of the foregoing purposes; and providing the necessary moneys for the payment of the principal and interest to become due on said bonds. [Adopted as initiative measure by vote of the people November 3, 1914. Stats. 1915, p. 1923.] Amended 1915, p. 15; 1917, p. 21. The amendment of 1917 follows: §3. Sale of bonds on direction of governor. When the bonds author- ized by this act to be issued shall have been signed, countersigned, in- dorsed and sealed, as in section one provided, the state treasurer shall, from time to time, sell such number thereof as the governor of the state may direct to. the highest bidder for cash. The governor of the state shall, from time to time, issue to the state treasurer such direction imme- diately after being requested so to do through and by a resolution duly adopted and passed by a majority vote of the regents of the University of California. Such resolution shall specify the amount of money which, in the judgment of said the regents of the University of California, shall be required at such time, and the governor of the state shall direct the state treasurer to sell such number of bonds as will, at the par value thereof, equal said amount of money so required according to such reso- lution of the regents of the University of California. Said bonds shall be sold in consecutive numerical order, save and except that the state treasurer may sell two or more bonds at the same time in one lot, which Act 4263h, § 3 general laws. 1356 lot, however, shall be made up of bonds consecutively numbered, the first of which in number shall be the first bond in number yet unsold. The state treasurer shall not accept any bid which is less than the par value of the bond or bonds bid for, and to the amount of the accepted bid there shall be added in each case, as a part of the purchase price to be paid by the bidder, the amount of interest which shall have accrued on the bonds bid for between the date of the paj^ment for said bonds and the last preceding interest maturity date. Each bid shall be in writing and signed by the bidder and sealed, and shall be deposited with the state treasurer not later than the last business day preceding the date of sale. Each bid shall be accompanied by the deposit with the state treasurer, either in cash or by certified check on a reputable bank within the state of California, to the order of the state of California, of one-tenth of the amount of the par value of the bond or lot of bonds bid for. Such deposit of each unsuccessful bidder shall be returned to him immediately upon the nonacceptance of his bid, and such deposit of the successful bidder shall immediately upon the acceptance of his bid become and be the property of the state of California and be placed' in the. state treasury to the credit of the "University of California build- ing fund" hereinafter mentioned, and shall be credited to the successful bidder upon the purchase price of the bonds bid for in case such price is paid in full by him within the time hereinafter prescribed. At the time of sale the state treasurer shall open said bids and accept the bid of the highest bidder for cash, save and except that no bid shall be accepted which is lower in amount than the par value of the bonds bid for, and that the state treasurer may, in his discretion, reject all bids. The purchase price of the bonds sold shall be payable within ten days after the acceptance of the bid therefor, and if not so paid the success- ful bidder shall have no right in or to said bonds or by reason of said bid, or to the recovery of said deposit accompanying said bid, or to any allowance or credit by reason of such deposit. In case the purchase price is not so paid, the bonds so sold but not paid for shall be resold by the state treasurer upon notice as hereinafter provided in case of original sale. Bonds sold shall be deliverable to the purchaser immediately upon, and not before, the payment of the purchase price therefor. Before delivering any of said bonds, the state treasurer shall detach therefrom all interest coupons which have matured before the date of the payment of the purchase price therefor. The state treasurer may, by public an- nouncement at the time and place fixed by him for said sale, continue such sale to such time and place as he may at the time of said continu- ance designate. When a sale is so continued no notice thereof need be given, other than the public announcement of such continuance by the state treasurer as just hereinbefore provided. The state treasurer shall give notice of tlie time iind place of sale by publication in two news- pajicrs publislied in tlic city and county of San Francisco, in one news- |tapor published in the city of Los Angeles, in one newspaper published in the city of Oakland, and in one newspaper published in the city of Sacrameiito, once a week for f^mr weeks next preceding the date fixed for such sale. In addition to the notice last above provided for, the state treasurer may give sucii further notice as he may deem advisable, but the expense and cost of such additional notice shall not exceed the sum of five hundred dollars for each sale so advertised. 1357 VENICE. Act 4271, §1 There is hereby created in aud for the state treasury a fund to be known and designated as the "University of California building fund/' and immediately after such sale of bonds the treasurer of the state shall pay into the state treasury and cause to be placed in said "University of California building fund" the total amount received from the sale of said bonds, except such amount as may have been paid as accrued in- terest thereon. The amount that shall have been paid at such sale as 'accrued interest on the bonds sold shall be by the treasurer of the state, immediately after such sale, paid into the treasury of the state and placed in a fund to be known as the "interest and sinking fund of the University of California building bonds." The moneys placed in the "University of California building fund," pursuant to the provisions of this section, shall be used under the direc- tion of the regents of the University of California exclusively for the completion of the construction of said library building and the construc- tion of the other buildings hereinbefore mentioned, the furnishing and equipping of said buildings, the construction and equipment of a power plant, and tunnels and subways for steam and electric lines in connec- tion with said buildings and neighboring buildings of the University of California, the doing of necessary laudscajjing immediately surrounding said buildings, and for meeting the expenses of the sale of said bonds. Moneys shall be drawn from said "University of California building fund" for the purposes of this act, upon warrants duly drawn by the controller of the state, upon claims made by the regents of the Uni- versity of California and approved by the state board of control. TITLE 595a. VENICE. ACT 4271. An act granting to the city of Venice the tide-lands and submerged lands of the state of California within the boundaries of the said city. [Approved April 10, 1917. Stats. 1917, p. 89. In effect July 27, 1917.] § 1. Tide-lands granted to Venice. There is hereby granted to the city of Venice, a municipal corporation of the state of California, and to its successors, all the right, title and interest of the state of California held by said state bj^ virtue of its sovereignty, in and to all the tide- lands and submerged lands, whether filled or unfilled; provided, that nothing contained herein shall in any way affect any x^roperty held or claimed under, through or from a Mexican grant or patent therefor within the present boundaries and jurisdiction of said city, and situated below the line of mean high tide of the Pacific Ocean, or of any harbor, estuary, bay or inlet within said boundaries, to be forever held by said city, and by its successors, in trust for the uses and purposes and upon the express conditions following, to wit: (a) Purposes for which land may be used. Term of franchises and leases. That said lands shall be used by said city and b}' its successors, solely for the establishment, improvement and conduct of a harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, and other utilities, structures and appliances Act 4302, § 1 GENERAL LAWS. 1358 necessary or convenient for the promotion and accommodation of com- merce and navigation, and said city, or its successors, shall not, at any time, grant, conve^^, give or alien said lands, or any part thereof, to any individual, firm or corporation for any purpose whatsoever; provided, that said city, or its successors, may grant franchises thereon, for a period not exceeding twenty-five y'ears, for wharves and other public uses and purposes, and may lease said lands, or any part thereof, for a period not exceeding twenty-five years, for purposes consistent with the trusts upon which said lands are held by the state of California and with the requirements of commerce or navigation at said harbor; (b) Harbor improved without expense to state. That said harbor shall be improved by said city without expense to the state, and shall always remain a public harbor for all purposes of commence and navigation, and the state of California shall have, at all times, the right to use, without charge, all wharves, docks, piers, slips, quays and other improvements constructed on said lands, or any part thereof, for any vessel or other water craft, or railroad, owned or operated by the state of California; (e) No discrimination in rates. Right to fish reserved to people. That in the management, conduct or operation of said harbor, or of any of the utilities, structures or appliances mentioned in paragraph (a), no dis- crimination in rates, tolls, or charges, or in facilities, for any use or service in connection therewith shall ever be made, authorized or per- mitted by said city or by its successors; Eeserving, however, in the people of the state of California the abso- lute right to fish in the waters of said harbor, with the right of con- venient access to said waters over said lands for said purpose. TITLE 600. VITAL STATISTICS. ACT 4302. An act to provide a central bureau for the preservation of records of marriages, births and deaths, and to provide for the registration of all births and deaths, the establishment of registration districts under the superintendence of the state bureau of vital statistics; the issuance and registration of burial and disinterment permits and certificates of births and deaths; the appointment of state and local registrars of vital statistics; to prescribe the powers and duties of registrars, coroners, physicians, undertakers, sextons and other per- sons in relation to such registration and to fix penalties for violation of this act; to create the offices of state and local registrars of vital statistics, to provide for tlie salary and fees of same; to repeal all acts and parts of acts in conflict herewitli. [Approved May 19, 191.1. Stats. 191.-5, p. .')75.] Amended 1917; Stats. 1917, p. 717. § 1. Bureau of vital statistics. State registrar. Salary. Deputy. Other assistants. The state board of health shall maintain a bureau of \it:il Htatislifs wliich shall liave cliarge of such matters and shall have such powers as may from time to time be referred and delegated to it by the slate board of healtli. The board shall appoint a state registrar 1359 VITAL STATISTICS. Act 4302, j; § 2-4 who, by virtue of his office, shall be director of the bureau of vital statistics. His salary shall be two thousand four hundred dollars per annum. The state registrar shall be a competent vital statistician. Ifo shall have general supervision and control over the bureau of vital statistics. He shall devote his entire time to the duties of his office and shall not engage in any other occupation or business. The board shall appoint also a deputy statistician, whose salary shall be one thousand six hundred dollars per annum, and two copyists, each of whom shall receive a salary of nine hundred dollars per annum. All such salaries shall be paid in the same manner and at the same time as the salaries of state officers. The state board of health may appoint and fix the compensation of such other additional professional and clerical assistants as may be necessary for the purposes of this act, but such compensation shall be paid from its fund for contingent expenses, as provided in the general appropriation act. As soon as practicable the custodian of the capitol shall provide for the bureau of vital statistics in the state capitol at Sacramento, suitable offices, which shall be prop- erly equipped with fireproof vault and filing cases for the permanent and safe preservation of all official records made and returned under this act. [Amendment approved May 18, 1917; Stats. 1917, p. 717.] §2. Duties of state registrar. The state registrar shall under the direction of the state board of health have charge of the registration of births, deaths, and marriages, shall prepare forms and blanks with instructions for obtaining and preserving such records and shall pro- cure the faithful registration of the same in each primary registration district as constituted in section three of this act, and in the bureau of vital statistics of the state board of health at the capitol of the state. The said board shall be charged with the uniform and thorough enforcement of the law throughout the state, and shall promulgate any additional regulations. [Amendment approved May 18, 1917; Stats. 1917, p.- 718.] § 3. Registration districts. For the purposes of this act the state shall be divided into registration districts as follows: Each city and county, city and incorporated town, shall constitute a primary registra- tion district; and each county, exclusive of the cities and incorporated towns therein, may be subdivided by the state registrar into a suffi-'ient number of primary rural registration districts, the boundaries of which he shall define and which he may alter, combine, or subdivide from time to time as may be necessary to promote efficient and convenient registration of all births and deaths. [Amendment approved May 18, 1917; Stats. 1917, p. 718.] § 4. Local registrars. Local registrar for each primary rural district. Registrar for marriages. Depi'ty. Subregistrars. The clerk of each city and county, city and incorporated town, shall be the local registrar in and for such primary registration district and shall perform all such duties of local registrar as hereinafter provided; provided, however, that in cities having a freeholders' charter, the health officer may act as local registrar and perform all the duties thereof. The state regis- trar, subject to the approval of the state board of health or its secre- Act 4302, § 5 GENERAL LAWS. 1360 tary, shall appoint a local registrar for each primary rural district whose term of office shall be four years, and whom the state registrar may remove forthwith for failure or neglect to perform his duty as prescribed by this act. Each local registrar for a primary rural dis- trict, besides transmitting to the state registrar each original birth and death certificate registered by him and besides retaining a com- plete and accurate copy of each such birth and death certificate for the local record of the primary rural district as required by section nineteen of this act, shall also transmit to the recorder of the county for a special county record a complete and accurate copy of each original birth and death certificate transmitted by said local registrar to the state registrar; provided, further, that in accordance with sections three thousand seventy-six, three thousand seventy-eight, and three thousand seventy-nine of the Political Code, the county recorder shall be the sole local registrar for marriages performed anywhere in the county. Each local registrar shall immediately appoint a deputy in writing, whose duty it shall be to act in his stead in case of his absence or disability; and such deputy shall in writing accept such appointment, and be subject to all rules and regulations governing local registrars. And when it appears necessary for the convenience of the people in any regis- tration district, the local registrar is hereby authorized, with the approval of the state registrar, to appoint one or more suitable persons to act as subregistrars, who shall be authorized to receive certificates and to issue burial or removal permits in and for such portions of the dis- trict as may be designated; and each subregistrar shall note, on each certificate, over his signature, the date of filing, and shall forthwith forward all certificates to the local registrar of the district, and in all cases before the third day of the following month; provided, that each subregistrar shall be subject to the supervision and control of the state registrar, and may be by him removed for neglect or failure to perform his duty in accordance with the provisions of this act or the rules and regulations of the state registrar, and shall be subject to the same penalties for neglect of duty as the local registrar. [Amendment approved May IS, 1917; Stats. 1917, p. 719.] § 5. Burial permits. Removal permit. Body brought into state for burial. The body of any person whose death occurs in this state, or which shall be found dead therein or which shall be brought in from outside the state, shall not be interred, deposited in a vault or tomb, cremated, disinterred or otherwise disposed of, or removed from or into any registration district, or be temporarily hold ponding further dis- )(osition moro than seventy-two hours after death, unless a jiormit for liurial, removal, or other disposilion thereof shall have boon properly issued by the local registrar of the registration district in which the death occurred or the body was found; provided, that nothing in this act shall be construed to prevent an undertaker from removing a body from the registration district where the death occurred or the body was found to a contiguous registration district in the same or an adjoin- ing count V ill :iii \iiidertakor's conveyance for the purpose of preparing paid body for burial or shipment. A removal permit must be secured within forty-eight hours and before embalming the body. No body where 1361 VITAL STATISTICS. Act 4302, § 7 death occurred from any disease held by the state board of health to be infectious, contagious or communicable and dangerous to the public health shall be removed without first securing a removal permit in the manner provided in section nineteen of this act. And no such burial or removal permit shall be issued by any registrar until, wherever prac- ticable, a complete and satisfactory certificate of death has been filed with him as hereinafter provided; provided, that when a dead body is transported from outside the state into a registration district in Cali- fornia for burial, the transit or removal permit, issued in accordance with the law and health regulations o£ the place where the death occurred, shall be accepted by the local registrar of the district into which the body has been transported for burial or other disposition, as a basis upon which he may issue a local burial permit, noting upon the face of the burial permit the fact that it was a body shipped in for interment, and giving the actual place of death; and no local regis- trar shall receive any fee for the issuance of burial or removal permits under this act other than the compensation provided in section twenty. [Amendment approved May 18, 1917; Stats. 1917, p. 720.] § 7. Certificate of death. Medical certificate. The certificate of death shall contain the following items, which are hereby declared to be neces- sary for the legal, social, and sanitary purposes subserved by registration records: (1) Place of death, including state, county, township, village or city. If in a city, the ward, street, and house number; if in a hospital or other institution, the name of the same to be given instead of the street and house number. If in an industrial camp, the name of the camp to be given. (2) Full name of decedent. If an unnamed child, the surname pre- ceded by "unnamed." (3) Bex. (4) Color or race — as white, black, mulatto (or other negro descent), Indian, Chinese, Japanese, or other. (5) Conjugal condition — as single, married, widowed or divorced, (oa) Husband of ■ -. (5b) Wife of — . (6) Date of birth, including the year, month, and day. (7) Age, in years, months and days. If less than one day, the hours or minutes. (8) Occupation. The oecui)ation to be reported of any person, male or female, who had any remunerative employment with the statement of (a) trade, profession or particular kind of work; (b) general nature of industry, business or establishment in which employed (or employer). (9) Birthplace; at least state or foreign country-, if known. (10) Name of father. (11) Birthplace of father; at least state or foreign country, if known. (12) Maiden name of mother. (13) Birthplace of mother; at least state or foreign country, if known. (14) Signature and address of informant. (15) Official signature of registrar, with the date when certificate was filed, and registered number. 86 Act 4302, § 10 GENERAL LAWS. 1362 (16) Date of death, year, month, and day. (17) Certification as to medical attendance on decedent, fact and time of death, time last seen alive, and the cause of death, with contributory (secondary) cause of complication, if any, and duration of each, and whether attributed to dangerous or insanitary conditions of employ- ment; signature and address of physician or official making the medical certificate. (18) Length of residence (for inmates of hospitals and other institu- tions; transients or recent residents) at place of death and in California, together with the place where disease was contracted if not at the place of death, and former or usual place of residence (giving city and state of residence). (19) Place of burial or removal; date of burial. (20) Signature and address of undertaker or person acting as such and license number of embalmer. The personal and statistical particulars (items one to thirteen) shall be authenticated by the signature of the informant who may be any competent person acquainted with the facts. The statement of facts relating to the disjiosition of the body shall be signed by the undertaker or person acting as such. The medical certificate shall be made and signed by the physician, if any, last in attendance on the deceased, and said physician shall within fifteen hours after the death deposit the certificate at the place of death, or deliver it to the attending undertaker at his place of business or at the office of said physician. Said physician shall specify in the certifi- cate the time in attendance, the time he last saw the deceased alive and the hour of the day at which death occurred. And he shall further state the cause of death, so as to show the course of disease or sequence of causes resulting in the death, giving first the name of the disease caus- ing death (primary cause) and the contributory (secondary) cause, if anj^, and the duration of each. Indefinite and unsatisfactory terms, denoting only symptoms of disease or conditions resulting from disease, will not be held sufficient for the issuance of a burial or removal permit; and any certificate containing only such terms, as defined by the state resigtrar, shall be returned to the physician or person making the medi- cal certificate for correction and more definite statement. Causes of death which may be the result of either disease or violence shall be carefully defined; and if from violence, the means of injury shall be stated, and whether (probably) accidental, suicidal, or homicidal. And for deaths of nonresidents, transients or recent residents in hospitals or institutions, the physician shall supply the information required under this head (item eighteen) if he is able to do so, and shall state where, 111 his o])inion, the disease was cont lactcd. | Amendment approved May IS, 1917; Stats. 1917, p. 720.] § 10. Wording of burial permit in case of burial >vithin state. Tf the interintjnt, or other disposition of the body is to be made witliin the state, the wording of the buri;il or icmoval permit may be limited to a strilement by the registrar, and over his signature, that a satisfactory certificate of death having been filed with him, as required by law, per- mission is granted 1o inlfv, remove, or dispose otherwise of the bodj', 1363 VITAL STATISTICS. Act 4302, §§ 13-U stating the name, age, sex, cause of death, aud other necessary details npon the form prescribed by the state registrar; provided, that the transit permit prescribed by tlie state board of embahners may be used in lieu of said burial or r(Mnoval porinit. | AtiieiuliiKMit a])proved May 18, 1917; Stats. 1917, p. 722.] § 13. Certificate of birth. Duty of father, mother, etc. Witliin thirty- six hours after the date of each birtli, there shall be filed with the local registrar of the district in which the birth occurred a certificate of such birth, which certificate shall be upon the form adopted by the state board of health with a view to procuring a full and accurate report with respect to each item of information enumerated in section fourteen of this act. In sparsely-settled districts or where there is no direct mail communi- cation with the county seat a reasonable time shall be fixed by the local registrar. In each case w-here a physic/ian, or midwife, or person acting as mid- wife, was in attendance upon the birth, it shall be the duty of such physi- sian to file in accordance herewith the certificate herein contemplated. In ease no physician was in attendance it shall be the duty of the midwife or person acting as midwife to file such certificate. In every case it shall be the duty of the father or mother of the child, the housenolder or owner of the premises where the birth occurred or th manager or superintendent of the public or private institution where the birth occurred, each in the order named, within ten days after the date of such birth, to report to the local registrar the fact of such birth. In such case and in case the physician, midwife, or jierson acting as midwife, in attendance upon the birth is unable, by diligent inquiry, to obtain any item or items of information contempated in section fourteen of this act, it shall then be the duty of the local registrar to secure from the person so reporting, or from any other person having the required knowledge, such information as will enable him to prepare the certificate of birth herein contemplated, and it shall be the duty of the person reporting the birth or who may be interrogated in relation thereto to answer correctly and to the best of his knowledge all questions put to him by the local registrar which may be caleujated to elicit any informa- tion needed to make a complete record of the birth as contemplated by said section fourteen, and it shall be the duty of the informant as to any statement made in accordance herewith to verify such statement by his signature, when recpiested so to do by the local registrar. [Amend- ment approved May IS, 1917; Stats. 1917, p. 722.] § 14. Items in certificate of birth. Certificate of physician or midwife. The certificate of birth shall contain the following i1?ems, which are hereby declared necessary for the legal, social, and sanitarj- purposes subserved by registration records: (1) Place of birth, including state, county, township or town, village or city. If in a city, the ward, street and house number; if in a hosiptal or other institution, the name of the same to be given, instead of the street and house number. (2) Full name of child. If the child dies without a name, before the certificate is filed, enter the words "died unnamed." If the living child Act 4302, § 18 GENERAL LAWS. 1364- has not yet been named at the date of filing certificate of birth, the space for "full name of child" is to be left blank, to be filled out subse- quently by a supplemental report, as hereinafter provided. (3) Sex of child. (4) Whether a twin, triplet, or other plural birth. A separate certifi- cate shall be required for each child in case of plural births. (5) For plural births, number of each child in order of birth. (6) Date of birth, including the year, month, and day. (7) Full name of father. (8) Eesidence of father (giving city and state of residence). (9) Color or race of father. (10) Age of father at last birthday, in years. (11) Birthplace of father; at least state or foreign country, if known. (12) Occupation of father. The occupation to be reported if engaged in any remunerative employment, with the statement of (a) trade, pro- tession, or particular kind of work; (b) general nature of industry, busi- ness or establishment in which employed (or employer). (13) Maiden name of mother. (14) Eesidence of mother (giving city and state of residence). (15) Color or race of mother. (16) Age of mother at least birthday, in years. (17) Birthplace of mother; at least state or foreign country, if known. (18) Occupation of mother. The occupation to be reported if engaged in any remunerative employment, with the statement of (a) trade, pro- fession, or particular kind of work; (b) general nature of industry, busi- ness or establishment in which employed (or employer). (19) Number of children born to this mother, including present birth. (20) Number of children of this mother living. (21) The certification of attending physician or midwife as to attend- ance at birth, including statement of year, month, day (as given in item seven), and hour of birth, and whether the child was born alive or still- born. This certification shall be signed by the attending physician or midwife, with date of signature and address; if there is no physician or midwife in attendance, then by the father or mother of the child, house- holder, owner of the premises, or manager or superintendent of public or private institution where tfie birth occurred, or other competent person, whose duty it shall be to notify the local registrar of such birth, as re- quired by section thirteen of this act. (22) Exact date of filing in office of local registrar, attested by his official signature, and registered number of birth, as hereinafter pro- vided. [Amendment approved May S, 1917; Stats. 1917, p. 722.] § 18. Form.s ^nd blanks. Records not to be changed. The state regis- trar shall jircjiare and distiibute all I'oiiiis and blanks for use in regis- tering, recording and preserving the returns, or in otherwise carrying out the purposes of this act; and shall prepare and issue such detailed instructions as may be required to y)rocure the uniform observance of its yirovisions and the maintenance of a perfect system of registration; and no other forms or blanks sliali be used than those prepared by the state registrar. He shall carefully examine the certificates received monthly from the local registrars, and if any sutdi are incomplete or unsatisfac- 1365 VITAL STATISTICS. Act 4302, § 18 tory he shall require such further iiiforiiiation to be supplied as may be necessarj- to make the record complete and satisfactory. Whenever a certificate is returned by a local registrar other than the registrar of the district in which the deceased resided, in the case of a death, or in which the father and mother of a child reside, in the case of a birth certificate, if the place of residence is a city within this state and having at least two thousand five hundred inhabitants at the last federal census, the state registrar shall mail to the local registrar of such city of residence, a complete copy of the certificate. And all physicians, midwives, in- formants, undertakers, clergymen, or judges, and all other persons hav- ing knowledge of the facts, are hereby required to sujiply, upon the forms provided or upon the original certificate, such information as they may possess regarding any birth or death or marriage upon demand of the state registrar, in person, by mail, or through the local registrar; pro- vided, that no certificate of birth or death or marriage, after its accept- ance for registration by the local registrar, and no other record made in pursuance of this act, shall be altered or changed in any respect, excejit where supplemental information required for statistical purposes is furnished. (a) When facts not correctly stated. Preservation of certificates. Infectious diseases. Records of church associations, etc. Whenever it may be alleged that the facts are not correctly stated in any certificate of birth, death, or marriage, already registered, the local registrar shall require an affidavit under oath to be made by the person asserting the fact, setting forth the changes necessary to make the record correct, and supported by the affidavit of one other credible person having knowl- edge of the facts. Having received such affidavits, the local registrar shall file them together with an amended certificate and he shall note the fact of the amendment with its date on the margin of the otherwise unaltered original certificate. He shall transmit the original certificate with the affidavits and amended certificate attached when making his regular monthly returns to the state registrar. He shall also retain copies foP~his files. If the correction relates to a certificate previously returned to the state registrar the local registrar shall forthwith transmit the affidavits to the state registrar. If the correction is first made in the state bureau of vital statistics the state registrar shall transmit a cer- tified copy of the amended certificate to the local registrar. The state registrar shall further arrange, bind and permanently pre- serve the certificates in a systematic manner and shall prepare and main- . tain a comprehensive and continuous card index of all births and deaths registered; said index to be arranged alphabetically, in the ease of deaths, by the names of decedents, and in the case of births, by the names of fathers and maiden names of mothers, and in the case of mar- riages by the "names of both grooms and brides. He shall inform all registrars what diseases are to be considered infectious, contagious, or communicable and dangerous to the public health, as decided by the state board of health, in order that when deaths occur from such diseases proper precautions may be taken to prevent their spread. If any cemetery company or association, or any church or historical society or association, or any other company, society or association) or any in- Act 4302, § 21 GENERAL LAWS. 1366 dividual, is iu possession of any record of births or deaths which may be of value in establishing the genealogy of any resident of his state, such company, society, association or individual, may file such record or a duly authenticated transcript thereof with the state registrar, and it shall be the dutj- of the state registrar to preserve such record or transcript and to make a record and index thereof in such form as to facilitate the finding of any information contained therein. Such record and index shall be open to inspection by the public, subject to such reasonable conditions as the state registrar may prescribe. If any person desires a transcript of any record filed in accordance herewith, the state registrar shall furnish the same upon application, together with a certificate that it is a true copy of such record, as filed in his office. [Amendment approved May 18, 1917; Stats. 1917, p. 724.] § 21. Certified, copies of records. Fee for searching files. The state or local registrar shall forthwith upon recjuest supply to any applicant a certified copy of the record of any birth or death or marriage regis- tered under provisions of this act, for the making and certification of which he shall be entitled to a fee of fifty cents, to be paid by the applicant. And any such copy of the record of a birth or death or mar- riage when properly certified by the state or local registrar, shall be prima facie evidence in all courts and places of the facts therein stated. For any search of the files and records when no certified copy is made the state registrar or local registrar shall be entitled to a fee of fiftj' cents for each hour or fractional hour of time of search, such fee to be paid by the applicant. The state registrar shall keep a true and correct account of all fees by him received under these provisions, and such money so received by the state registrar shall be deposited with the state treasurer, who shall credit the amount to the fund provided and to be used for the payment of the traveling and contingent expenses of the state board of health, and the monej^ so collected by the local regis- trar shall be paid by him into the county or city treasury, as the case may be; provided, that the local registrar shall, upon request of any parent or guardian, supply, ii^ithout fee, a certificate limited to a state- ment as to the date of birth of any child when the same shall be neces- sary for admission to school, or for the purpose of securing employment; and provided, further, that the United States census bureau may obtain, w-ithout expense to the state, transcripts of birtlis and deaths wdthout ]>aynH'nt of the fees herein prescribed. (],) Petition to court to establish record. Order of court. Form. If, 111)011 such search it shall develop that for any cause any birth or death, or marriage, occurring in this state was not registered in conformity with llic provisions of law in effect at the time when such birth or dentil or marriage occurred by the filing of the certificate- therefor with the local registrar within a period of one year from the date of the event, any person beneficially interested in establishing of record the tact of sueli birth or dcatli or marriage niaj' petition the superior court of the county in whicli sucli l)irth or deatli or marriage is alleged to have occurred for an order judicially establishing the fact of such birth or death orimarriage. Sucli petition sliall be verified and shall contain nil the diita u'M-cssary to emible llir ((Miif. upon licnriiig the same, to 1§67 VITAL STATISTICS. Act 4302, § 23 determine tlie fact of such birth or death or marriage upon the proofs adduced in behalf of the petitioner at the hearing thereof. A copy of such petition shall be served upon the local registrar of vital statistics, and also upon the district attorney of the county in which such birth or death or marriage is alleged to have occurred, and either of said officials shall have the right in his discretion to appear at such hearing and oppose the making of such order. Such hearing shall be had at such time as the court may appoint, not less than ten days subsequent to the date of filing such petition, and notice thereof must be given by publication for the same time and in the same manner required by law to be given prior to the hearing of the petition for the admission to probate of any will, or the issuance of letters testamentary or of administration thereon. If, upon such hearing, the proofs of the allegations of the petition are established, to the satisfaction of* the court, the court may make an order determining that such birth, death or marriage did in fact occur in such county and at the time shown by the proofs adduced upon such hearing. Such order must be made in the form and upon the blank prescribed and furnished by the state registrar and but one birth, death or mar- riage may be included therein. And said order shall become effective upon the filing of a certified copy thereof with the local registrar of vital statistics, and the delivery therewith for transmittal to the state registrar of a standard certificate containing such facts and signatures as are obtainable, and upon the filing of a certified eoj^y of said order with the state registrar. [Amendment approved Maj^ 18, 1917; Stats. 1917, p. 726.] § 23. Local registrars to enforce act. Duty of state registrar. Under the supervision and direction of the state registrar, each local registrar is hereby charged with the strict and thorough enforcement of the pro- visions of this act in his registration district. He shall make an imme- diate report to the state registrar of any violation of this law coming to his knowledge, by observation or upon complaint of any person, or otherwise. The state registrar is hereby charged with the thorough and efficient execution of the provisions of this act in every part of the state, and is hereby granted supervisory power over local registrars, deputy local registrars, and subregistrars, to the end that all of its requirements shall be uniformly complied with. The state registrar, either personally or by an accredited representative, shall have authority to investigate cases of irregularity or violation of law. When the state board of health or its secretary shall deem it necessary, it or he shall report cases of violation of any of the provisions of this act to the prosecuting attorney of the county, with a statement of the facts and circumstances; and when any such case is reported to him by the state board of health or its secretary, the prosecuting attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law. And upon request of the state board of health or its secretary, the attorney general shall assist in the enforcement of the provisions of this act. [Amend- ment approved May 'l8, 1917; Stats. 1917, p. 727.] Act 4314, §§ 1-4 GENERAL LAWS. 1308 TITLE 602a. WAR. ACT 4314. An act to create a state council of defense to make investigatious into the effect of the occurrence of war upon, the civil and economical life of the people of the state of California; to recommend to the governor measures to provide for the public security, the better pro tectiou of public health, a fuller development of the economic re sources of the state and the encouragement of military training to impose upon public' officers certain duties in connection herewith; and to make aj^propriation for the purposes of this act. [Approved March 29, 1917. Stats. 1917, p. 24. In effect immediately.] § 1. State council of defense created. There is hereby created a council, known as the state council of defense to consist of not more than thirty-three members who shall be appointed by the governor, to serve at his pleasure, from among those holding public office under the state of California, from among the personnel of the army and navy of the United States and other branches of the national administration with the consent of federal authority, from members of the staff of the Uni- versity of California and from qualified citizens of the state and nation. § 2. Duties. It shall be the duty of the state council of defense at once to take under consideration the effects of the occurrence of war upon the people of the state of California; to consider measures for public defense and security, for the protection of routes of eommuuiea- tion, for the betterment and protection of public health, for the public care and assistance of individuals and classes upon whom the hardships occasioned by war would fall most heavily, for the fuller development of the resources of the state, particularly those from which are derived the supplies of food and other commodities upon which the conduct of war makes especial drain; to encourage the military training of the citizens of the state; to examine into measures to increase the public revenue to meet war demands and to effect the elimination of waste and extravagance; and to consider measures to be taken to meet the exigen- cies of all situations occasioned by war. §3. Officers. Tlic governor shall be ex-offieio chairman of the state council of defense. He shall designate the vice chairman, and shall appoint an executive committee and such subcommittees as he shall deem advisable. He shall have power to employ such assistance and to make such expenditures as he may deem necessary to carry out the purposes of this act. He may, when he deems it expedient, dissolve tlio state council of defense or cause its activities to be suspended or If'iriiinntfd. §4. Compen.sation. Mcinljcrs of the state council of defense shall Bcrvc vvjlliont pay, but shall be reimbursed for their actual and neces- «ary expenses incuni'd in Ihe pcrfornmnce of their duties hereunder; provided, however, that tlic vice chairman shall devote his entire time l;i69 WATER COMMISSIONERS. Act 4340 to tbc work of tho state council of defense and shall receive such com- pensation as the go\ornor may determine. §5. Headquarters. The headquarters of said council shall be in the state Capitol, but the governor may establish branch offices elsewhere and may call meetings to be held at such times and places as he may deem expedient. It shall be the duty of every public officer, board, or commission of the state of California to render to the governor and to the state council of defense, at the request of the governor, all pos- sible assistance and to make such investigations and supply such data as the governor may at any time require. § 6. Appropriation. The sum of one hundred thousand dollars i^< hereby appropriated out of any money in the state treasury not other- wise appropriated, to carry out the purposes of this act. The state con- troller is hereby authorized and directed to draw his warrants in favor of the governor from time to time in such sums as the governor may designate, and the state treasurer is hereby authorized and directed to pay the same. This appropriation is hereby exempted from the operation of the provisions of section six hundred seventy-two of the Political Code; provided, however, that no liability in excess of one hundred dollars shall be incurred without the approval of the governor; and pro- vided, further, that the state council of defense shall submit to the legislature, through the governor, a report including as full a statement of the activities of the council as is consistent with the public interest, together with an account of the expenditures made by the council, or authorized bj' it, in as full detail as the public interest will permit. § 7. Urgency measure. Inasmuch as the President of the United States has called the congress to meet in special session to consider measures for the national defense and has summoned the national guard of the state of California, it is hereby declared that this act is necessary for the immediate preservation of the public peace and safety, and that under the provisions of section one of article four of the constitution an urgency exists, and this act shall take effect immediately. TITLE 607. WATER COMMISSIONERS. ACT 4340. An act to regulate the use of water which is subject to such control by the state of California, and in that behalf creating a state water commission; specifying and providing for the appointment of the members of said commissions; fixing the terms of office and com- pensation of the members of said commission; fixing the powers, duties and authority of said commission and its members; providing for the filling of vacancies in the membership of said commission; providing for the removal from office of the appointed members of said commission; providing for the co-operation of courts with said commission; providing that certain courts shall take judicial notice of certain acts of the state water commission; specifying the duties Act 4340, §§ 15, 15a general laws. 1370 of all persons summoned as witnesses before said commission or any of its members; appropriating money for carrying out the provisions of this act; providing for the payment of the indebtedness and ex- penses of said commission, its members and employees; declaring what water is unappropriated; providing for the utilization of water and the works necessary to such utilization to the full capacity of streams or of such portion or portions of such capacity as the public good may require, declaring what water may be appropriated; declar- ing that the nonapplieation for ten consecutive years of any portion of the waters of any stream to lands riparian to such stream shall be conclusive presumption that the use of such nonapplied water is not needed on said riparian lands for a useful or beneficial purpose; declaring that such nonapplied water shall be deemed to be in the use of the state and subject to appropriation; declaring the duties of those who desire to appropriate water; declaring the periods for which water may be appropriated and the conditions under which water may be appropriated; providing for the payment of fees and charges by the applicants for permission to appropriate water and by the appropriators of water; providing for the ascertainment and adjudication of water rights; providing for the bringing of actions by certain persons, or, upon the direction of the state water com- mission, by the attorney general, for the quieting of title to water rights; specifying certain duties of the claimants, possessors or users of water or water rights; declaring water rights forfeited under certain conditions; regulating the appropriation of water; except- ing cities, cities and counties, municipal water districts, irrigation districts and lighting districts from certain provisions of this act; defining certain words and terms used in this act; repealing all acts or parts of acts in conflict with this act; declaring how this act shall be known; making legislative declaration concerning those parts of this act which may not be declared unconstitutional. [Approved June 16, 1913. Stats. 1913, p. 1012.] Amended 1917; Stats. 1917, pp. 194, 195, 231, 284, 746. The amendments of 1917 follow: § 15. Use of unappropriated water. The state water commission shall allow, under the provisions of this act, the appropriation for beneficial purposes of unappropriated water unless, in the opinion of the said com- mission, sucli appropriation would be detrimental to the public welfare. [Amendment ai)proved April 25, 1917; Stats. 1917, p. 191.] § 15a. Appropriation of water for use in another state. The state water commission shall nllow the appropriation of water in this state for beneficial use in another state only when, under the laws of the latter, water may be lawfully diverted therein for beneficial use in the Htate of California. Upon any stream flowing across the state boundary a right of appropriation having the point of diversion and the place of use in another state and recognized by tlie laws of that state, shall have the same force and efTect as if the point of diversion and the place of use were in this state; provided, tliat the laws of that state give like 1371 WATER COMMISSIONERS. Act 4340, § 20 force and effect to similar rights acquired in this state; provided, that nothing in this act be so construed as to apply to interstate lakes, or streams flowing in or out of such lakes. [iS'ew section added May 7, 1917; Stats. 1917, p. 284.] §20, Terms and conditions of permits and licenses. City, etc., may purchase works. Determination of price. Grounds for revoking license. Findings of commission prima facie correct. Conditions of accepting permit. Cities first in right. City may hecome public utility. All per- mits and licenses for the appropriation of water shall be under the terms and conditions of this act, and shall be effective for such time as the water actually appropriated under such permits and licenses shall actually be used for the useful and beneficial purpose for which said water was appropriated, but no longer; and every such permit or license shall include the enumeration of conditions therein which in substance shall include all of the provisions of this section and likewise the state- ment that any appropriator of water, to whom said permit or license may be issued, shall take the same subject to such conditions as therein expressed; provided, that at any time after the expiration of twenty years after the granting of a license, the state or any city, city and county, municipal water district, irrigation district, lighting district, or any political subdivision of the state shall have the right to purchase the works and property occupied and used under said license and the works built or constructed for the enjoyment of the rights granted under said license; and in the event that the said state, city, city and county, municipal water district, irrigation district, lighting district or political subdivision of the state so desiring to purchase and the said owner of said works and property cannot agree upon said purchase price, said price shall be determined in such manner as is now or may hereafter be determined in eminent domain proceedings. If it shall appear to the state water commission at any time after a permit or license is issued as in this act provided that the permittee, or licensee, or the heirs, succes- sors, or assigns, of said permittee or licensee, has not put the water granted under said permit or license to the useful or beneficial purpose for which the permit or license was granted, or that the permittee or licensee, or the heirs, successors, or assigns of said permittee or licensee, has ceased to put said water to such useful or beneficial purpose, or that the permittee or licensee, or the heirs, successors or assigns of said per- mittee or licensee, has failed to observe any of the terms and conditions in the permit or license as issued, then and in that case the said com- mission, after due notice to the permittee, licensee, or the heirs, succes- sors or assigns of such permittee or licensee, and a hearing thereon, may revoke said permit or license and declare the water to be unappropri- ated and open to further appropriation in accordance with the terms of this act. The findings and declaration of said commission shall be deemed to be prima facie correct until modified or set aside by a court of competent jurisdiction; provided, that any action brought so to modify or set aside such finding or declaration must be commenced within thirty days after the service of notice of said revocation on said permittee or licensee, his heirs, successors or assigns. And every licensee or permittee Act 4340, § 20a general laws. 1372 under the provisions of this act if he accepts such/permit or license shall accept the same under the conditions precedent that no value whatso- ever in excess of the actual amount paid to the state therefor shall at any time be assigned to or claimed for any permit or license granted or issued under the provisions of this act, or for any rights granted or ac- quired under the provisions of this act, in respect to the regulation by any competent public authority of the services or the price of the ser- vices to be rendered by any permittee or licensee, his heirs, successors or assigns or by the holder of any rights granted or acquired under the pro- visions of this act, or in respect to any valuation for purposes of sale to or purchase, whether through condemnation proceedings or otherwise, by the state or any city, city and county, municipal water district, irriga- tion district, lighting district or any political subdivision of the state, of the rights and property of any permittee or licensee, or the possessor of any rights granted, issued, or acquired under the provisions of this act. The application for a permit by municipalities for the use of water for said municipalities or the inhabitants thereof for domestic purposes shall be considered first in right, irrespective of whether they are first in time; provided, however, that such application for a permit or the granting thereafter of permission to any municipality to appropriate waters, shall not authorize the appropriation of any water for other than municipal purposes; and providing, further, that where permission to appropriate is granted by the state water commission to any municipality for any quantity of water in excess of the existing municipal needs there- for, that pending the application of the entire appropriation permitted, the state water commission shall have the power to issue permits for the temporary appropriation of the excess of such permitted appropriation over and above the quantity being applied from time to time by such municipality; and providing further, that in lieu of the granting of such temporary permits for appropriation, the state water commission may authorize such municipality to become as to such surplus a public utility, subject to the jurisdiction and control of the railroad commission of the state of California for such period or periods from and after the date of the issuance of such permission to appropriate, as may be allowed for the application to municipal uses of the entire appropriation permitted; and provided, further, that when such municipality shall desire to use the additional water granted in its said application it may do so upon making just compensation for the facilities for taking, conveying and storing such additional water rendered valueless for said purposes, to the person, firm or corporation which constructed said facilities for the temporary use of said excess waters, and which compensation, if not agreed upon between the municipality and said person, firm or corpora- tion, may be determined in the manner provided by law for determining the value of property taken by and through eminent domain proceedings. [.\mendment approved May 19, 1017; Stats. 1917, p. 74fi.] § 20a. Water not used for three years. Wlien the ])arty entitled to the use of water fails to beneficially use all or any part of the water claimed by him, for wliicli a right of use has vested, for the purpose for which it was aj)propriated or adjudicated, for a period of three year.s, such 1373 WATER COMMISSIONERS. Act 434(J, gv5 23-26 uuusod water shall revert to the public and shall be regarded as unappro- priated public water. [New section added May 19, 19.17; Stats. 1917, p. 746.] §23. Fee. For electrical power. For agricultural purposes. Every person, firm, association or corporation making application for a permit to approi>riate water or the use of water under this act shall pay to the state water commission, at the time of filing said application, a filing fee in the sum of five dollars, and, upon the issue of a permit, the addi- tional fee, if the purpose or use is for the generation of electricity or electrical or other power, of ten cents for eacli theoretical horse-power capable of being developed by the works up to and including one hun- dred theoretical horse-power, of five ceuts for each horse-power in excess of one hundred theoretical horse-power up to and including one thou- sand theoretical horse-power, and of oue cent for each theoretical horse- power in excess of one thousand theoretical horse-power; also, if for agricultural purposes, of five cents for each acre of land to be irrigated by means of said appropriation to and including one hundred acres, of three cents per acre for each acre in excess of one hundred acres up to and including one thousand acres, and of two cents for each acre over one thousand acres. All fees shall forthwith be paid into the state treasury by the state water commission. No fee shall be required from any person, firm, association, or corporation exempt by any law of the state of California from the payment of such fee. [Amendment approved April 25, 1917; Stats. 1917, p. 195.] § 24. Water commission may act as referee. In case suit is brought in the superior court for determination of rights to water or the use of water, the case may, in the discretion of the court, be transferred to the state water commission for investigation, as referee. [Amendment Approved May 5, 1917; Stats. 1917, p. 231.] § 25. Determination of water rights by commission. Upon its owni initiative or upon petition signed by one or more claimants to water or the use of water upon any stream, stream system, lake, or other body of water, all of which sources of supply are hereinafter referred to as "stream system," requesting the determination of rights, based upon prior appropriation, of the various claimants to the water of that stream system, it shall be the duty of the state water commission, if, upon in- vestigation, it finds the facts and conditions are such as to justify, to enter an order granting said petition and to make proper arrangements to proceed with such determination. [Amendment approved May 5, 1917; Stats. 1917, p. 2■^].] § 26. Notice of order. Publication. As soon as practicable after th(> state water commission shall make and enter the order granting the said petition or selecting the stream system upon which the determination of water rights bj' appropriation is to begin, it shall prepare a notice setting forth the fact of the entry of said order and of the pendency of the said proceedings, the date when the state water commission shall begin eaid examination, and that all claimants to rights by appropriation of Act 4340, §§ 27-29 general laws. 1374 the waters of said stream system are required, as in this act provided, to make proof of their claims. The notice shall be published for a period of four consecutive weeks in one or more newspapers of general circula- tion published in each county in which any part of said stream system is situated. [Amendment approved May 5, 1917; Stats. 1917, p. 231.] § 27. Investigation of flow of stream system, etc. Surveys and maps. At the time set in said notice, the state water commission shall begin an investigation of the flow of the stream system and of the conduits diverting water, and of the lands irrigated or irrigable therefrom, and shall gather such other data and information as may be essential to the proi^er determination of the water rights by appropriation. It shall re- duce its observations, data, information and measurements to writing. It shall execute surveys and shall prej^are maps from the observations of such surveys in accordance with such uniform rules and regulations as it may adopt; which surveys and maps shall show with substantial accuracy the course of the stream or streams; the location of each con- duit diverting water therefrom, land irrigated and capable of being irri- gated by each conduit, and the kind of culture upon the irrigated land. The maps shall be prepared as the surveys and observations progress, and, when completed, it shall be filed and made of record in the office of tTie state water commission. [Amendment approved May 5, 1917; Stats. 1917, p. 232.] § 28. Notice of time for filing proofs. Publication. Upon the comple- tion of such measurements and maps, and the filing of said observations, data, information and measurements, the state water commission shall prepare a notice setting forth the date, prior to which the proofs, to bo furnished by claimants u^jon forms supplied by the state water commis- sion and more specifically referred to in the next section hereof, as to the rights by appropriation of the waters of said stream system, shall be filed; provided, however, that the date set, prior to which said proofs must be filed, shall not be less than sixty days from the date of the last publication of said notice as hereinafter provided. The notice shall be deemed to be an order of the state water commission as to its contents, and it shall be published by the state water commission for a period of four consecutive weeks in one or more newspapers of general circula- tion published in each county in which any part of said stream system is situated. At or near the time of the first publication of said notice it shall be the duty of the state water commission to send by registered mail to each claimant to rights by appropriation of the waters of said stream system, in so far as such claimant can be reasouablj- ascertained at his last known place of address, a notice equivalent in terms to the said publislied notice. [Amendment approved May 5, 1917; Stats. 1917, p. 232. §29. Forms to be sent claimant. The state water commission shall, in adilitioti, inclose with tiic notice to be mailed as aforesaid, blank forms, jiroofs oC apjiropiialion, ujjon which -said claimant shall present iu writing all particulars necessary for the determination of his right by 1375 WATER COMMISSIONERS. Act 4340, §$ 30, 31 appropriation of the waters of said stream system, the said statement to include the following: (a) The name and postoffice address of the claimant. (b) The nature of the right or use on which the claim for appropria- tion is based. (c) The date of the initiation of such right and a descri[)tion of works of diversion and distribution. (d) The date of beginning of construction. (e) The date when completed. (f) The dates of beginning and completion of enlargements. (g) The dimensions of the ditch as originally constructed and enlarged. (h) The date when water was first used for irrigation or other bene- ficial purposes, and if used for irrigation, tlie amount of land irrigated the first year, the amount in subsequent years, with the dates of irriga- tion and the area and the location of the lands which are intended to be irrigated. (i) The character of the soil and the kind of crops cultivated, and such other facts as will show the extent and nature of the right and a compliance with the law in acquiring the same, as may be required by the state water commission. Each claimant shall be required to certify to his statements, under oath. [Amendment approved May 5, 1917; Stats. 1917, p. 232.] § 30. Determlnaticn of right on failure to make proof. After the date fixed for the filing of proofs, no proofs shall be received or filed with the state water commission; provided, however, that the state water commission may, for cause shown, in its discretion, extend the time in which proofs may be filed. Upon neglect or refusal of any person to make proof of his claim to rights by appropriation of the waters of such stream system, as required by this act, prior to the expiration of the period fixed by the state water commission, during which proofs may be filed, the state water commission shall determine the right by appro- priation of such person on such evidence as it may obtain or may have on file in its office in the way of maps, plats, survey's and transcripts; and exceptions to such determination may be filed in court as herein- after provided. [Amendment approved May 5, 1917; Stats. 1917, p. 233.] § 31. Petition to intervene in proceedings. Any claimant of a right by appropriation of the water of any stream system upon whom no ser- vice of notice shall have been had of the pendency of proceedings for the determination of the rights by appropriation of the waters of said stream system, and who shall have had no actual knowledge or notice of the pendency of said proceedings, may at any time prior to the expira- tion of three months after the entry of the determination of the state water commission, as provided in section thirteen of this act, file a peti- tion to intervene in said proceedings. Such petition shall be under oath and shall contain, among other things, all matters required by this act of claimants who have been duly served with notice of said proceedings, and also a statement that the intervener had no < actual knowledge or notice of the pendency of said proceedings. Upon the filing of said petition in intervention, the petitioner shall be allowed to intervene and Act •4340, §§ 32-34 general laws. 1376 thereafter shall have all the rights and be subject to all the duties of the claimants who have been duly served. [Amendment ajiproved May 5, 1917; Stats. 1917, p. 233.] § 32, Fees collected from claiinants. At the time of submission of proof of aiipropriation, the state water commission shall collect from such claimants, on the basis of the statements in the proofs, a fee of fifteen cents for each acre of irrigated or irrigable lands up to and in- cluding one hundred acres, ten cents for each acre in excess of one hun- dred acres and up to and including one thousand acres, and five cents per acre for each acre in excess of one thousand acres; also twenty-five cents for each theoretical horse-power up to and including one hundred horse- power, fifteen cents for each theoretical horse-power in excess of one hundred horse-power and up to and including one thousand horse-power, and five cents for each theoretical horse-power in excess of one thousand horse-power; also five (5) dollars for each cubic foot per second, or fraction thereof, claimed for any purpose other than irrigation or power; the minimum fee, however, for any claimant to be five (5) dollars. All fees charged and collected under this section shall be paid, at least once each month, accompanied by a detailed statement thereof, into the treasury of the state. [Amendment approved May 5, 1917; Stats. 1917, P-234.] § 33. Printed abstract of proofs. Inspection. As soon as practicable after the expiration of the period fixed in which proofs may be filed, the state water commission shall assemble all proofs which have been filed, and prepare and certify an abstract of all of the said proofs, which shall be printed in the state printing ofiice. As soon as practicable the state water commission shall prepare a notice fixing and setting a time and place, reasonably convenient to the claimants, when and where the evidence taken by or filed with it shall be open to the inspection of all interested persons, said period of inspection to be not less than ten (10) days, which notice shall be deemed to be an order of the state water commission as to the matters contained therein. A copy of said notice, together with a printed copy of the said abstract of proofs, shall be sent by registered mail, at least fifteen (1.5) days prior to the first day of such period of inspection, to each claimant who has appeared and filed proof as herein provided. A representative of the state water com- mission shall be present at the time and place designated in said notice, and allow, during said ])eriod, any person interested to inspect such evidence and proofs as have been filed in accordance with this act. [Amendment approved May .">, 1917; Stats. 1917, p. 2:\\.\ § 34. Contest of statements and proofs of claims. Should any claim- ant desire to cont(>st any of tiio statements and proofs of claims filed with the state water commission by any other claimant to the waters of the stream system, he shall, within fifteen (1.5) days after said evidence and proofs shall have been opened to public inspection, or within such further time as for good cause shown may be allowed by the state water rommission upon application made prior to the expiration of said fifteen (1.5) days, in writing, notify the state water commission, stating with 1377 WATER COMMISSIONERS. Act 4340, §§ ;35-86a reasonable certainty the grounds of the proposed contest, which state- ment shall be verified by the affidavit of the contestant, his agent or attorney. The statements or proofs of the person whose rights are con- tested and the verified statement of the contestant shall be deemed sufficient to constitute a proper cause for such contest. [Amendment approved May 5, ]917; Stats. 1917, p. 234.] §35. Hearing of contest. Costs. Within ten (10) days after the re- ceipt of the notice of contest the state water commission shall notify by registered mail the contestant and the claimant whose rights are con- tested to appear before it at a time and place specified in said notice, and that at said time and place said contest will be heard; provided, that said time shall not be less than fifteen (15) days nor more than sixy (60) days from the date of the mailing of the notice of the com- mission. The state water commission shall have power to adjourn hear- ings of contests from time to time upon reasonable notice to all parties in interest, and to issue subpoenas for and compel the attendance of wit- nesses to testify before it and to produce papers, books, maps, and other documents. The costs of taking testimony at a hearing shall be borne by the parties thereto as follows: each party shall pay for the direct examination of his own witness and the cross-examination of opponent's witness and shall share equally for that part of the examination directed by the representative of the commission. One copy of the transcript of testimony taken at the hearing shall be furnished to the commission and the cost thereof borne equally by the parties. [Amendment approved May 5, 1917; Stats. 1917, p. 235.]^ § 56. Order of detennination. As soon as practicable after the hear- ing of contests, it shall be the duty of the state water commission to make, and cause to be entered of record in its office, an order determin- ing and establishing the several rights hj appropriation of the waters of said stream; provided, however, that within sixty (60) days after the entry of an order establishing water rights, the state water commission may, for good cause shown, reopen the proceedings and grant a rehear- ing. Such order and determination shall be prepared, and after certifi- cation by the state water commission, printed in the state printing office. A copy of said order of determination shall be sent by registered mail to each person who has filed proof of claim, and to each person who has become interested through intervention or as a contestant under the pro- visions of section eight or section eleven of this act. [Amendment ap- proved May 5, 1917; Stats. 1917, p. 235.] § 36a. Filing of order, etc., with clerk of superior court. Order set- ting time for hearing. As soon as practicable, after the entry of the order of determination, a certified copy thereof, together with the origi- nal evidence and transcript of testimony filed with, or taken before the state water commission, as aforesaid, duly certified by it, shall be filed with the clerk of the superior court of the county in which said stream system, or any part thereof, is situated. Upon the filing of the certified copy of said order, evidence, and transcript with the clerk of the court in which the proceedings are to be had, the state water commission shall S7 Act 4340, §§ 36b, 36c general laws. 1378 procure an order from said court setting a time for hearing. Tlie clerk, of such court shall immediately furnish the state water commission with a certified copy of said order. It shall be the duty of the state water commission immediately thereupon to mail a copy of such certified order of the court, by registered mail, addressed to each known party in in- terest at his last known place of residence, and to cause the same to be published at least once a week for four consecutive weeks in some news- paper of general circulation published in each county in which such stream system or any part thereof is located, and the state water com- mission shall file with the clerk of the court proof of such service by registered mail and by publication. Such service by registered mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of such hearing. [New section added May 5, 1917; Stats. 1917, p. 236.] § 36b. Filing of notice of exceptions. Decree affirming order. Hear- ing of exceptions. When state a party. At least ten days prior to the day set for hearing, all parties in interest who are aggrieved or dissatis- fied with the order of determination of the state water commission shall tile with the clerk of said court notice of exceptions to the order of determination of the state water commission, which notice shall state briefly the exceptions taken, the reasons therefor, and the prayer for relief, and a copy thereof shall be transmitted by registered mail at least ten (10) days prior to such hearing, to the state water commission and to each claimant, who was an adverse party to any contest wherein such exceptor was a party in the proceedings. The order of determina- tion by the state water commission and the statements or claim* of claimants and excejitions made to the order of determination shall constitute the pleadings but the court may allow such additional or amended pleadings as may be necessary to a final determination of the proceeding. If no exceptions shall have been filed with the clerk of the court as aforesaid, then on the day set for the hearing, on motion of the state water commission, or its attorney, the court shall enter a decree affirming said order of determination. On the day set for hearing all parties in interest who have filed notices of exceptions as aforesaid shall appear in person, or by counsel, and it shall be the duty of the court to hear the same or set the time for hearing, until such exceptions are dis- jiosed of, and all proceedings thereunder shall be as nearly as may be ill accordance with the rules governing civil actions. Whenever in the Judgment of the court the state is a necessary party to the action, the court shall make an order to that effect and thereupon a copy of all pleadings and proceedings on file with the court in said matter shall be served upon the attorney general who shall represent the state therein. rXew section added May 5, 1917; Stats. 1917, p. 236.] § 36c. Decree determining right of all persons involved. Appeals, For further iuformafion on any subject in controversy, the court may • ■uijiloy one or more (|ti;ilifii'il persons to investigate and report thereon under oath, subject to examination by any party in interest as to his •■(impetoncy to give expert testimony thereon. The court may take addi- lioiial evidence on any issue and ni;iy, if necessary, refer the case for 1379 WATER COMMISSIONERS. Act 434:0, §§ 36d-36f such further cvidcuce to be taken by the state water commission as it Tuay direct, and may require a further determination by it. After the liearing, the court shall cuter a decree determining the right of all per- sons involved in such proceeding. Said decree shall in every case de- clare as to the water right by appropriation adjudged to each party, the extent, priority, amount, purpose of use, point of diversion, and place of use of said water; and as to water used for irrigation, such decree shall also declare the specific tracts of land to which it shall be appur- tenant, together with such other conditions as may be necessary to define the right and its priority. Upon the hearing the court may assess and adjudge against any party such costs as it may deem just. Appeals from such decree may be taken to the supreme court by the state water com- mission or any party in interest, in the same manner and with the same effect as in civil cases. [New section added May 5, 1917; Stats. 1917, p. 236.] § 36d. Decree filed with county recorder. Certificate to claimant. A certified copy of the decree of the superior court shall be prepared by the clerk thereof, without charge, and filed for record in the office of the county recorder of each county in which any part of the stream sys- tem is situated and also in the office of the state water commission. It shall be the duty of the state water commission to issue to each claimant represented in such determination a certificate to be signed by the presi- dent of the state water commission, and attested under seal of the secre- tary of said commission, setting forth the name and postoffice address of the owner of the right; the priority of the date, extent and purpose of such right; and, if such water be for irrigation purposes, a description of the legal subdivisions of land to which said water is appurtenant. [New section added May 5, 1917; Stats. 1917, p. 236.] § 36e. Claimant failing to appear forfeits rights. Whenever proceed- ings shall be instituted for the determination of rights by appropriation of water, it shall be the duty of all claimants interested therein and having notice thereof as in this act provided, to appear and submit proof of their respective claims at the time and in the manner required by law; and any such claimant who shall fail to appear in such proceedings and submit proof of his claim shall be barred and estopped from sub- sequently asserting any rights theretofore acquired upon the stream sys- tem, embraced in such proceedings, and shall be held to have forfeited all rights by appropriation to said water theretofore claimed by him on such stream system, unless entitled to relief under the laws of this stat:-; provided, that such proceedings shall result in a determination by the state water commission and a decree by the superior court determining the rights on such stream. Such decree shall be conclusive as to the rights by appropriation of all existing claimants upon the stream system lawfully embraced in the determination. [New section added May 5, 1917; Stats. 1917, p. 236.] § 36f. Determination of rights initiated prior to December 19, 191i. Review of findings. The state water commission shall have authority and power in making a determination as to the rights by appropriation Act 4348b GENERAL LAWS. 1380 of the waters of any stream system, to fix a time limit for the comple- tion of all appropriations of water from such stream, where such rights of appropriations were initiated prior to December 19, 1914, and since prosecuted with reasonable diligence, and such appropriators having been duly notified as provided in this act, must appear and submit their proofs of claim, in accordance with section twenty-eight of this act, or they shall be deemed and held to be in default, and to have abandoned or to have no right, title or interest in or to the waters of such stream. In determining rights of such appropriators, the state water commission shall prescribe such a reasonable time for the completion of such appro- priations, and the application of the water appropriated to a beneficial use, as will enable such appropriators acting in good faith and with due diligence to complete the same. The findings of the state water com- mission shall provide for the submission of proof or evidence as to the completion of such appropriation and the amount of water actually ap- plied to beneficial use upon the expiration of such time limit, and shall, in accordance with such proof, enter supplemental findings, establishing and determining such rights of appropriation, in so far as the same shall have been completed; and certificates of water right shall be issued in accordance with such supplemental findings and order of determination of said commission; but this section shall not be construed to confer any rights of appropriation upon parties who shall have abandoned their said appropriations or failed to use due diligence in the application of the water to a beneficial use and in the completion of their appropria- tions; and all such appropriators, who shall fail to complete their said appropriations within the limit of time fixed by the state water com- mission in said findings, or such further time granted upon application made prior to the expiration of such time limit, as the state water com- mission shall find equitable and just, shall be deemed to have abandoned their rights of appropriation, and rights acquired by virtue thereof w^aived, and such appropriators shall be deemed and held to have no right, title or interest in or to the waters of such stream by virtue of their said appropriations. The findings and determination of the state water commission made under the provisions of this section may be re- viewed in the manner prescribed by section thirty-six b of this act. [New section added May 5, 1917; Stats. 1917, p. 236.] TITLE 608. WATER COMPANIES. ACT 4348b. An act to prevent the su|i[)ly of water dangerous to henlth for domestic purposes and to provide for the installation of sanitary water systems. lAppri.vcd .June l.'!, lOi:!. Stats. ^9]^^, p. 79:^. | Amended 1915, p. 1282; 1917, p. L-()2. The nTncndiiient of 1917 follows: §1. Unlawful to supply polluted water, it sIimI! be unlawful for any person, firni, coi poraf ion, imblic utility, municipality or other public 1381 WATER COMPANIES. Act 43481), § 2 body or institution to furnish or supply or to continue to furuisli or supply water used or intended to be used for human consumjjtion or for domestic uses or purposes which is impure, unwholesome, unpotable, pol- luted, or dangerous to health, to any person in any county, city and county, municipal corporation, village, district, community, hotel, tem- porary or permanent resort, institution or industrial camjj. [Amendment approved June 1, 1917; Stats. 1917, p. 1562.] § 2. Persons desiring to furnish water to file petition. Investigation of works. Exemption. Hearing. Whenever any person, firm, corpora- tion, public utility, municipality or other public body or institution shall desire to furnish or supply or to continue to furnish or supply water for domestic uses or purposes to any person in any county, city and county, municipal corporation, village, district, community, hotel, temporary or permanent resort, institution or industrial camp, or shall desire to in- stall, add to, modify or alter any of the plant, works, system or sources of supply, it or he shall file as herein provided with the state board of health a petition for permission so to do, together with conij^lete plans and sx^ecificatipns and a statement containing a general description and history of the existing or proposed water supply system of proposed changes therein showing the geographical location thereof with relation to the source of the water supply and all the sanitary and health condi- tions surrounding and affecting said supply and the works, system and plant, such plans, specifications and general statement to be in such form and to cover such matters as the state board of health shall prescribe. Thereupon a thorough investigation of the proposed or existing works, system, plant, water supply and all other circumstances and conditions by it deemed to be material must be made by the state board of health; and provided, however, that no person, firm or corporation supplying water for domestic purposes or use on his or its private property upon which there is no industrial camp, hotel, temporary or permanent resort using said water, or supplying less than two hundred service connections, shall be required to apply for a permit under the provisions of this sec- tion, except upon formal complaint filed with the state board of health. As a part of such investigation, and after ten days' notice by mail to the petitioner, a hearing or hearings may be had before said board or an examiner appointed by it for the purpose. At such hearing or hearings witnesses who testify shall be sworn by the person conducting the hearing, and evidence, oral and documentary, may be received, a record of which shall be made and filed with said board. Upon the com- pletion of such investigation, said board: (a) "When petition shall he denied. Appointment of person to take charge of plant. Temporary permit. If it shall determine, as a fact, that the water being furnished or to be furnished or supplied is such that under all the circumstances and conditions it is impure, unwhole- some or unpotable, or may constitute a menace or danger to the health or lives of human beings, or that under all the circumstances and con- ditions the existing or proposed works, system, plant or. water supply, or proposed modifications therein, are unhealthful or insanitary, or not suited to the production and delivery of healthful, pure and wholesome Act 43-i8b, § 2 GENERAL LAWS. 1382 water at all times, it shall deuy the prayer of such petitioner, and said board shall order the petitioner to make such changes as it deems neces- sary to secure a continuous supply of pure, wholesome, potable and health- ful water. Said board may order the appointing of a competent person, to be approved by the state board of health and paid by said petitioner, who shall take charge of and operate such plant or system so as to secure the results demanded by the state board of health; and it may order such repair, alteration or addition to the existing system, plant and works that the water furnished or supplied shall at all times be pure, whole- some, potable and shall not endanger the lives or health of human beings; and said board may order such changes of source of the water supply or installation of purification and refining works and such other meas- ures as shall insure a continuous supply of pure, wholesome and potable water which shall not endanger the lives and health of human beings; which orders shall designate the period within which the required changes are to be made; provided,- however, that a temporary permit may be issued by the state board of health for said period to permit the peti- tioner to comply with such order or orders. (b) When petition shall be granted. Perniits revocable. Keport may be required. Persons without permit may be enjoined. Public nuisance. Penalty for violation. If it shall determine, as a fact, that the water being furnished or supplied to such human beings is such, that under all the circumstances and conditions, it is pure, wholesome and potable and does not endanger the lives or health of human beings, it shall grant to petitioner a permit authorizing petitioner to furnish or continue to furnish or supply such water to such human beings; provided, however, that all permits issued hereunder shall be revocable or subject to sus- pension by said board at any time that it shall determine, as a fact, that the water being supplied or furnished is or may become impure, unwholesome or unpotable or does or will endanger the lives or health of human beings. The state board of health and its inspectors shall at any and all reasonable times have full power and authority to, and shall be permitted to, enter into and upon any and all places, property, in- elosures and structures for the purpose of making and to make examina- tions and investigations to determine whether any provision of this act is being violated. The holder of any permit granted by said board under the provisions of this act may at any time by order of said board be required to furnish to said board, upon demand, a complete report upon the condition and operation of the water supply, plant, works or system owned, operated or controlled by it, which report shall be made by some competent person designated for the purpose by said board, and at the sole cost and expense of the holder of the permit. Any person, firm, corporation, public utility, municipality or other public body or institu- tion who shall furnish or supply or continue to furnish or supply water used or intended to be used for liuman consumption or for domestic uses or purposes, or shall install additions to, modifications or alterations in, any of the existing plant, works, system, or sources of supply without liaving an unrevoked permit from the state board of health so to do, as in this act provided, may be enjoined from so cToing by any court of competent jurisdiffion, at tlir suit of any person or persons, firm, corpo- 1383 WATER DISTRICTS. Act 4349 ration, municipal or other j^ublic eorporation whose supply of wator for human consumption or for domestic uses or purposes is taken, or received from, or supplied or furnished by any such water furnishing or distribut- ing person, firm, corporation, public utility or municipality or other pub- lic body or institution, or it or he may be enjoined at the suit of the state board of health in the same manner. Anything done, maintained or suffered in violation of any of the provisions of this act shall be deemed to be a public nuisance dangerous to health and may be sum- marily abated in the manner provided by law and it shall be the duty of all and every public officer or officers, body or bodies lawfully em- powered so to do to immediately abate the same. Every person, firm, corporation, public utility, municipality, or other public body or institution, or officer, employee or agent thereof upon whom the duty to act is cast, and every person who shall violate any provision or part thereof of this act, or who shall fail to obey, observe or comply with any direction, order, requirement or demand or any part or provision thereof of the state board of health, or who procures, aids, or abets any such person, firm, corporation, public utility, municipality, or other public body or institution, or officer or employee or agent thereof, in any failure to obey or comply with the provisions of this act or the orders of the state board of health as provided in this act, shall become liable for and forfeit to the state of California the penal sum of not more than one thousand dollars for each separate offense. The continued existence of any violation of this act for each and every day beyond the time stipulated for compliance with any of its provisions or of any order of the state board of health as provided herein shall constitute a sep- arate and distinct offense. All penalties are to be recovered by the state in civil action brought by the state of California and such penalties when collected shall be paid into the general fund of the state treasury. Every officer, agent or employee of any person, firm, corporation, public utility, municipality, or other public body or institution or person who shal'l violate or fail to comply with any of the provisions of this act or the order of the state board of health or any part thereof, or who pro- cures, aids or abets in any failure to observe and comply with any such provision, order, or part thereof, is guilty of a misdemeanor and is pun- ishable by a fine not exceeding one thousand dollars or by imprisonment in the county jail not exceeding one year or by both such fine or im- prisonment, for each offense. Each day's violation of this provision shall constitute a separate and distinct offense. TITLE 609. WATER DISTRICTS. ACT 4349. An act to provide for the incorporation and organization and manage- ment of county water districts, and to provide for the acquisition of water rights or construction thereby of waterworks and for the acquisition of all property necessary therefor, and also to provide for the distribution and sale of water by said districts. [Approved June 10, 1913. Stats. 1913. p. 1049.] Amended 1915, p. 26; 1917, p. 225. Act 4349, § 28 general laws. 1384 § 28. Exclusion of territory. Petition. Contents. Duties of secre- tary. Hearing. Order excluding lands. Directors may institute pro- ceedings for exclusion. Hearing. Referendum. Any tenituiyj iucluded within any county water district formed under the provisions of this act, and not benefited in any manner by such district, or its continued inclu- sion therein, may be excluded therefrom by order of the board of direc- tors of such district upon the verified petition of the owner or owners in fee of lands whose assessed value, with improvements, is in excess of one-half of the assessed value of all the lands, with improvements, held in private ownership in such territory. Said j^etition shall describe the territory sought to be excluded and shall set forth that such territory is not benefited in any manner by said county water district or its con- tinued inclusion therein, and shall pray that such territory may be ex- cluded and taken from said district. Such petition shall be filed with the secretary of the water district and shall be accompanied by a deposit with such secretary of the sum of one hundred dollars, to meet the ex- penses of advertising and other costs incident to the proceedings for the exclusion of such territory, including the cost of recording a certified copy of the order hereinafter provided for, any unconsumed balance to be returned to the petitioner. Upon the filing of such petition with the secretary of the water district he shall call a meeting of the board of directors of the district at a time not less than twenty-five days nor more than fifty days after the filing of the petition and cause a notice of the filing of such petition to be published for at least two weeks in some newspaper of general circulation within said district, if there be one, and if not, in some newspaper of general circulation published in the county in which the district is situated. Such notice shall also state the date of the filing of such petition and that the same will come on for hearing before the board of directors of the district and shall state the time of the hearing and the place thereof, which shall be the regular meeting place of the board of directors of the district; provided, that the board may adjourn the hearing to a more convenient meeting place within the district. Any land owner or taxpayer within the district shall have the right to appear at said hearing, either in behalf of or in opposition to the granting of said petition. Said petition shall come on for hearing before the board of directors of the district at the time and place specified in the notice of hearing. If upon such hearing the board of directors determines that it is for the best interests of the district that the lands mentioned in tlie petition, or some portion thereof, be excluded from the district, or if it appears that such lands, or some por- tion thereof, will not be benefited by their continued inclusion in the district, then the board of directors shall make an order that such lands, or such portion thereof, be excluded from the district, such order to de- .scribc specifically the lands so excluded. From the time of the making of Hucli order the lands so excluded shall bo deemed to be no longer in- cluded in the district, but such order of exclusion shall not be taken to invalidate in any manner any taxes or assessments theretofore levied or assessed against tlie lands so excluded. A copy of such order of ex- clnsion, ceriificd 1o by the secretary of the district, shall be recorded in the ofTicc of the roiinly recorder of the county in wliicli the district 1385 WATER DISTRICTS. Act 4349a is situated and the record of .«iu-h certified copy shall bo doomed prima facie evidence of the exeliisiou from the district of the lands purporting to be excluded thereby. The board of directors of any county water district formed under the provisions of this act may itself initiate the proceedings for the exclu- sion from the district of any land or lands which it may not be for the best interests of the district to be included, or which may not be bene- fited in any manner by their continued inclusion therein. Such proceed- ings shall be initiated by the board of directors by the passage of a resolution requiring all persons interested to appear and show cause be- fore the board of directors, at a time and place specified, why such lands, describing them, should not be excluded from the district and fixing a time and place for such hearing and directing the secretary of the dis- trict to give notice of the passage of such resolution and of such hearing. Upon the passage of such resolution the secretary of the district shall give notice thereof and of the time and place of such hearing in the manner hereinbefore prescribed for notice of hearing upon petition by a land owner or land owners, and thereafter all proceedings shall be had in the manner and with the effect herein provided for proceedings upon a petition by a land owner or land owners. The time of hearing fixed by the board of directors by its resolution hereinbefore mentioned shall be not less than twentj'-five days nor more than fifty days after the passage of such resolution and the place of hearing so fixed shall be a convenient place within the district; provided, that the final action of the board of directors under this section shall be subject to the referen- dum by the electors of the water district according to section twenty- four of this act. [New section added May 4, 1917; Stats. 1917, p. 225.] ACT 4349a. An act providing for the organization of water districts by the board of supervisors of the different counties of the state upon petition therefor by the land owners; providing for the joint government and control thereof by the land owners thereof and the board of supervisors of the county in which the same are formed; providing for the duties in connection therewith of the county officials of each county in which any of the lands contained in said district are located; providing for the acquisition and construction by said dis- trict of irrigation works, for the irrigation of the lands embraced therein and for the distribution thereby of water for irrigation pur- poses; providing for the payment of the debts thereof by a tax levied on the lands embraced therein; providing for the issuance and sale of bonds thereby; providing that said bonds may be in- vestigated by an appointive board of three hydraulic engineers; providing for the approval of said bonds bj- the state superintendent of banks in case said investigation is favorably reported and that thereafter .said bonds may be lawfully purchased, or received in pledge as security for any money or deposits or for the performance of any act, by banks, banking institutions, insurance companies, trust companies, guardians, executors, administrators and special administrators; providing in certain cases for the transfer of dis- Act 4349e, § 1 general laws. 1386 tricts from the supervision of one county board of supervisors to another; and providing for tlie dissolution of said districts for non- user of corjiorate power. [Approved June 13, 1913. Stats. 1913, p. S15.] Amended 1917, p. 1408. The amendment of 1917 follows: § 35. County assessment-roll may be adopted. The board of directors of any district hereafter organized hereunder may at their option adopt the assessment-roll of the county or counties in which the land of the district is contained in so far as said assessment-roll affects the lands in the district; and file with the clerk of the board of supervisors a certi- fied copy of such assessment-roll, in lieu of the assessment-book men- tioned in section eight of this act. [New section added May 31, 1917; Stats. 1917, p. 1409.] § 36. Sale of water. The board of directors of any district hereafter organized hereunder shall have the power to sell water to owners of land in the district and to fix rates for the sale of water, and such rates may vary in different months and in different localities of the district to correspond to the cost and value of the service, and to collect for all water sold and to use so much of the proceeds of the sale of water as may be necessary to defray the ordinary operating expenses of the dis- trict and any funds derived from the sale of water, in excess of the amount necessary for operating expenses, shall be paid to the treasurer of the county in which said district is located and applied upon the payment of interest on bonds or to create a sinking fund. [New section added May 31, 1917; Stats. 1917, p. 1409.] TITLE 610. WATERING RESORTS. ACT 4349e. An act providing for the sanitation, healthf nines and cleanliness and safety of swimming-pools, public bathhouses, swimming and bathing places; regulating the granting and revocation of permits therefor from the state board of health; providing for the inspection of such places; declaring places and things in violation of this act to be nuisances dangerous to health and providing for the abatement of the sairto; making violations of this act misdemeanors; and provid- ing for the punisiunent of the same. [Ai.jn-ovcd AjMil n, 1917. Stats. 1917, p. 70. In effect July 27, 1917.] § 1. Swimming-pools under supervision of state board of health. The state iionnl ni' liealtli shall have supervision over the sanitation, health- fulness and cleanliness and safety of swimming-pools, bathhouses, public swimming and bathing places and all related appurtenances and is hereby empowered to m!ii<(' and enforce such rules and regulations pertaining thereto as it shall dccni proiier. 1387 WATERING RESORTS. Act 4349c, §§ 2-5 § 2. Permit to construct or operate swimming pool. It shall be un- lawful for any person, persons, firm, corporation, institution or munici- pality in any district, town, city, county, or city and county, to construct or to add to or modify, or to operate or to continue to operate any swimming-pool, public bathhouse, bathing or swimming place, or any structure intended to be used for swimming or bathing purposes with- out an unrevoked permit so to do from the state board of health. This permit shall be obtained in the following manner: any person, persons, firm, corporation, institution or municipality desiring to construct, add to or modify, or to operate and maintain any swimming-pool, public bath- house, bathing or swimming pilaccs or structures intended to be used for swimming or bathing purposes within the state of California shall file application for permission so to do with the state board of health, which application shall be accompanied by detailed maps, drawings, specifica- tions and description of the structure, its appurtenances and operation, description of the source or sources of water supply, amount and quality of water available and intended to be used, method and manner of water purification, treatment, disinfection, heating, regulating and cleaning; life-saving apparatus, and measures to insure safety of bathers; meas- ures to insure personal cleanliness of bathers; method and manner of washing, disinfecting, drying and storing i3athing apparel and towels, and all other information and statistics that may be required by the state board of health; whereupon, the state board of health shall cause an investigation to be made of the proposed or existing pool or public bathing places and if it shall determine as a fact that the same is or may reasonably be expected to become unclean or insanitary or may con- stitute a menace to public health, it shall deny the application for per- mit; if it shall determine as a fact that the same is or may reasonably be expected to be conducted continuously in a clean and sanitary manner and will not constitute a menace to public health, it shall grant the application for permit under such restrictions as it shall deem proper. § 3. Authority to inspect. For the purpose of this act the state board of health or its inspectors shall at any and all reasonable times have full power and authority to, and shall be permitted to enter upon any and all parts of the premises of such bathing and swimming places to make examination and investigation to determine the sanitary condi- tion of such places and whether the provisions of this act or the rules and regulations of the state board of health pertaining thereto are being violated. The state board of health may from time to time at its dis- cretion publish the reports of such inspections in its monthly bulletin. § 4. Revocation of permit. Any permit granted by the state board of health as provided in this act shall be revocable or subject to suspen- sion at any time by formal action of the state board of health if it shall determine as a fact that the swimming or bathing place or places arc being conducted in a manner insanitary, unclean or dangerous to public health. § 5. Swimming-pools operated contrary to act nuisances. Any swim- ming-pool, public swimming or bathing place or places, constructed, oper- Act 4385 GENERAL LAWS. 1388 ated or maintained contrary to the provisions of this act are hereby declared to be public nuisances, dangerous to health. Such nuisances may be abated or enjoined in an action brought by the local or state board of health or they may be summarily abated in the manner pro- vided by law for the summary abatement of public nuisances dangerous to health. § 6. Penalty. Any person, firm or corporation, whether as principal or agent, employer or employee, who violates any of the provisions of this act shall be guilty of a misdemeanor, and each day that conditions or actions, in violation of this act, shall continue, shall be deemed to be a separate and distinct offense, and for each offense, upon conviction, he shall be punishable by a fine of not less than twenty-five dollars nor more than five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and im- prisonment. TITLE 611. WATEES. ACT 4351. An act to preserve and maintain the lakes, ponds, broolvs, creeks, rivers, and streams of this state, and to prevent the waters thereof from being carried by pipes, conduits, ditches, tunnels or canals into other states, for use therein. [Approved March 3, 1911. Stats. 1911, p. 271.] Repealed 1917; Stats. 1917, p. 284. TITLE 614. WEIGHTS AND MEASUEES. ACT 4385. An act to establish a standard of weights and measures in the state of California; to regulate weights and measures and weighing and measuring instruments and devices and providing for the inspection and sealing thereof; to prevent the use and sale of false weights and measures and weighing and measuring instruments and devices; providing for the inspection, measurement and weighing of goods, commodities, wares, packages and amounts of commodities kept for sale or in process of delivery; to prevent the sale of goods, wares and merchandise by false weights and measures; to provide penalties for the violation of the provisions of this act; for the admission in evidence of copies of the state's standard of weights and measures; providing for the appointment of officers to enforce and carry into effect the provisions of this act, including a state superintendent of weights and measures and his deputy, sealers of weights and meas- ures and their dejjuties; defining the [lOwers and duties of such offi- cers; and making an ii|)|iroiiria1 ion to carry this act into effect. |Ap|irovcd .Tuiio 1 C, l!)i;!. St;its. 1913, p. KiSli. | Aoi.'ii.lrd 191.", p. i:;i2; 1917, p. I(M7. 1389 WEIGHTS AND MEASURES. Act 4385, §§ 2-17 The amendment of 1917 follows: § 2. Term, etc., of state superintendent of weights and measures. The term of office of state suijerintendent of weights and measures shall be four years, or until his successor shall have been appointed and qualified, but he shall always be subject to removal at the pleasure of the governor. The salary of state superintendent of weights and measures shall be four thousand dollars per annum, payable in the same manner as other state officers are paid. Before entering upon his duties he shall execute a bond to the state in the sum of five thousand dollars, conditioned upon the faithful performance of his duties. [Amendment approved .Tune 1, 1917; Stats. 1917, p. 1648.] § 6. Standards. The standards referred to in the preceding section shall be kept by the state superintendent in a safe and suitable place in his office from which they shall not be removed except for repairs or certification. He shall maintain such standards in good order and shall submit them at least once in ten years to the national bureau of stand- ards for certification. Upon demand the secretary of state shall deliver to the state superintendent all standards now under the control and in the possession of the secretary of state in his capacity of ex-officio state sealer of weights and measures. The state superintendent shall there- upon submit such standards received from the secretary of the state to the national bureau of standards for certification, and he shall replace such standards as are incorrect and purchase such additional standards as shall be necessary to complete and make up a complete standard of weights and measures as required by this act. He shall also purchase such apparatus as shall be found necessary to a proper prosecution of the work of the office. The state superintendent of weights and meas- ures may establish tolerances and specifications for commercial weighing and measuring apparatus for use in the state of California similar to the tolerances and specifications recommended by the national bureau of standards, and he may establish a standard net weight, or net meas- ure, or net count of any commodity, produce or article except any manu- factured commodity consisting of four or more staple ingredients, and prescribe such tolerances for same as he may in his best judgment deem necessary for the proper protection of the public. Any person violating such standards or tolerances shall be guilty of a misdemeanor. [Amend- ment approved June 1. 1917; Stats. 1917, p. 1G4S.] § 17. Appointment of sealers. In counties of second class. Counties in which deputies appointed by state superintendent. The legislative body of any county or consolidated cit}- and county of the first to the thirty-fifth classes, both inclusive, and the legislative body of any city or town may appoint a sealer of weights and measures, fix his compensa- tion and provide for the appointment by the sealer of such number of deputies as the said legislative bodies may deem necessary and expedient. Such sealer shall receive as compensation the sum of one hundrd fifty dollars per month, or at the rate of one hundred fifty dollars per month for each month or part thereof actually employed in the service of such county, or city and county, or city and town. He shall be allowed his traveling expenses actually and necessarily incurred in the performance of his duties; and such deputies shall each receive as compensation the Act 4385, § 32 general laws. 1390 sum of five dollars per day for each day actually employed iu the ser- vice of such county, or city and county, or city and town. They shall be allowed their traveling expenses actually and necessarily incurred in the performance of their duties. The term of ofi&ce of sealer of weiglits and measures appointed under the provisions of this section shall be four years. He shall be subject to removal by the power appointing him. Deputies appointed under the provisions of this section by a sealer of a county, city and county, or city, or town, shall be subject to removal by the sealer. In counties of the second class whose charters provide for a depart- ment of weights and measures, the appointment of a sealer and deputies, the number of such deputies and the term of office thereof shall be as provided in said charter; provided, that the sealer shall receive for com- pensation the sum of three thousand dollars per annum, and one deputy, to be known as chief deputy, shall receive as compensation the sum of two thousand four hundred dollars per annum. Deputies shall receive as compensation the sum of one thousand eight hundred dollars per annum, each payable in the same manner as the salaries of other county officers are paid. In counties of the third class the sealer shall receive as compensation the sum of one thousand eight hundred dollars per annum, and deputies shall each receive as compensation the sum of one thousand five hundred dollars per annum, payable in the same manner as the salaries of other county officers are paid. In all counties other than those of the first to the thirty-fifth classes, both inclusive, no county sealer or deputies shall be appointed by the legislative body thereof, but the state superintendent of weights and measures shall assign to such counties, or groups of such counties, such deputy superintendents as may be necessary, but not more than one to each of such counties. Such deputies shall have jurisdiction over such county, or group of counties, as the state superintendent may designate, except within the territorial limits of those cities and towns within which sealers have been appointed under the provisions of this act. They shall have all the powers and perform the duties of a sealer of weights and measures. They shall be paid by the county wherein employed, five dol- lars a day for each day employed therein, which shall not exceed one hundred twenty days in any one county in any one year, and they shall also receive from such county their actual traveling expenses. The terms of office of all sealers and deputy sealers in all counties other than those of the first to the thirty-fifth classes, both inclusive, shall terminate when this section ])ecomps efTeetivo. [Aiiicndment approved June 1, 1917; Stats. 1917, p. I(i49.1 §32. Penalty for using false weights and measures. Any person who, by himself, or his eniployoe or agent, or as the employee or agent of anotlier, shall use, in the buying or selling of any commodity, or retain in his possession a false weight or measure or weighing or measuring in- strument, or sliall offer or expose for sale, or sell, except as heretofore specifically allowed in section twenty-sevon of this act, or use or retain in his possession any weight or measure or weighing or measuring in- strument in any comity, city town, or city ;ind counly in wliich there lias 1391 WlilTTlER STATE BCIJOOL. Act 4414, § 1 been appointed a scaler of weights and measures in aecordant^e with the provisions of this act, which has not been sealed by a sealer within one year, or who shall use or dispose of any condemned weight or measure, or weighing or measuring instrument contrary to law, or any person who, by himself, or his employee or agent, or as the employee or agent of another, shall sell or offer or expose for sale or use or have in his pos- session for the purpose of selling or using any device or instrument to be used or calculated to falsify any weight or measure, and any person who, by himself, or his employee or agent, or as the employee or agent of another, shall sell or offer, or expose for sale any commodity, produce, article or thing in a less quantity than he represents it to be or contain, shall be guilty of a misdemeanor. Possession of any false weight or measure or weighing or measuring instruments or records thereof shall be prima facie evidence of the fact that they were intended to be used in the violation of law. [Amendment approved June 1, 1917; Stats. 1917, p. 1650.] § 32a. Penalty for selling commodity at other than true net weight. No person shall by himself or his employee or agent, or as the employee or agent of another sell or offer or expose for sale any commodity, produce, article or thing at, by, or according to gross weight or measure, or at, by, as, of, or according to any weight, measure or count which is greater than the true net weight, measure or count thereof, or which is less than the standard net weight, standard net measure or standard net count, includ- ing tolerances, as such standards and tolerances are now or may here- after be established pursuant to the provisions of this act. Any person violating any of the provisions of this section shall be guilty of a mis- demeanor. [New section added June 1, 1917; Stats. 1917, p. 1650.] § 43. Title. This act when cited or amended may be designated as the "weights and measures act." [Amendment approved June 1, 1917; Stats. 1917, p. 1650.] TITLE 619. WHITTIER STATE SCHOOL. ACT 4414. An act authorizing the board of trustees of the Whittier State School to maintain a department for the clinical diagnosis of inmates of the school and other state institutions, and to inquire into the causes and consequences of delinquency and mental deficiency, and related problems. [Approved May 11, 1917. Stats. 1917, p. 422. In effect July 27, 1917.] § 1. Department of clinical diagnosis at Whittier State School. The board of trustees of the Whittier State School is hereby authorized and empowered to maintain on the property of the school, a department for the clinical diagnosis of the inftiates of the school, and of such other state institutions as may, from time to time, request assistance from said de- partment, such request to be approved by the state board of control. This department shall also carry on research into the causes and conse- Act 4414, §2 GENERAL LAWS. 1392 quences of delinquency and mental deficiency, and shall inquire into social, education and psychological problems relating thereto, and for that purpose may make such investigations and inquiries in the said institutions, when so requested, and elsewhere as may be deemed advan- tageous. The state board of control may apportion the expenses of the said department, among the different institutions receiving the benefit of the work of the department, in such manner as it may deem proper. § 2. Clinical psychologist and assistants. The said department shall be under the direction of a clinical psychologist, subject to the control of the superintendent of the said school. The said psychologist shall be given a sufficient staff of trained assistants that the intelligence level of each inmate may be established through the standardized psychological tests, supplemented by personal and family history and data from such other lines of investigation as may seem advisable, and that such other work may be done as may be undertaken by the department. The said psychologist and assistants shall be employed by the said superintendent, with the approval of the said board of trustees and at compensation satisfactory to it. iiS INDEX. (1393) INDEX. A ABALONE. See Game Laws. ABANDONED CHILD. See Orphan Asylums. ABANDONMENT. Highways, of, p. 277, § 2G97. ACCEPTANCE. See Negotiable Instruments. Bills of exchange, of. Sec Bills of Exchange. ACCIDENT INSURANCE COMPANIES. See Insurance. Indebtedness of, how estimated, p. 170, § 602a. ACCOMMODATION PAPER. See Negotiable Instruments. ACCOUNTING. Department of under board of control. See Board of Control. ACCOUNTS. See Account Stated. Balance due upon mutual, open and current, limitation of action upon, p. 9, § 337. Book account, limitation of action upon, p. 10, § 339. ACCOUNT STATED. Limitation of action upon, p. 9, § 337. ACTIONS. Escheat proceedings. See Escheat. Includes counterclaim and setoff in negotiable instrument law, p. 98, § 3266. Joinder of. See Joinder of Actions. ADJUTANT-GENERAL. See National Guard. ADMINISTRA-TION. See Estates of Decedents. ADMINISTRATORS. See Executors and Administrators. ADOPTION. CoDseut to, provision relating to, p. 39, § 224. Illegitimate child, consent of mother, p. 39, § 224. ADULTERATION. Foods or liquors, adulterated, prevention of manufacture, sale or transjiortation of, p. 531, Act 29. ADULT PROBATION BOARD. Alameda county, of. See Alameda County. San Francisco, of. See San Francisco. ADVERSE PARTIES. Witnesses, as. See Witnesses. ADVERTISEMENTS, Affixing to public or private property without consent, a misde- meanor, p. 110, § 602. Flag, on. See Flag. (1395) 1396 INDEX. AFFIDAVIT. Eegistration, of. See Elections. AGENCY. Insurance agents. See Insurance Companies. Negotiable instrument, liabilit}^ of agent negotiating, p. 74, § 3150. Notice of dishonor of negotiable instrument, how given by, p. 78, §3172. Notice of dishonor of negotiable instrument may be given to agent, p. 79, § 3178. Notice of dishonor of negotiable instrument where dishonored in hands of agent, p. 79, § 3175. Eeal estate agents, definition of, p. 539, Act 60. Eeal estate agents, regulation, supervision and licensing of, p. 539, Act 60. Signature on negotiable instrument by agent by "procuration," effect of and liability of principal, p. 64, § 3102. Signature on negotiable instrument by agent, rules as to, p. 64, § 3100. Who deemed to be an agent within statute punishing embezzlement, p. 106, § 506a. AGNEWS STATE HOSPITAL. See Insane Asylums. AGRICULTURE. See State Commissioner of Horticulture; State Land Settlement Board. Insects injurious to. See Insects. Land colonization and rural credits, repeal of act of 1915 relating to, p. 545, Act 7Sd. Land colonization act of 1917. See State Land Settlement Board. Kepeal of act for investigating effect of fumes of smelters on, p. 1238, Act 3670. State land settlement board. See State Land Settlement Board. AIGRETTE. See Game Laws. ALAMEDA CITY. Charter of, p. 545, Acts 85, 85a. Waterfront, grant of to, p. 545, Act 86. ALAMEDA COUNTY. Adult probation officers, bonds of, p. 152, § 1203, subd. g. Adult probation officers, expenses of, allowance and payment of, p. 152, § 1203, subd. g. ' Adult probation officers, number, qualifications, ai)i)()intinent, salaries and terms of office, p. 152, § 1203, subd. g. Adult probation officers, offices for, duty to provide, p. 152, § 1203, subd. g. .\dult probation officers, removal of, p. 152, § 1203, subd. g. Assessor, commissions not allowed to for collection of personal prop- erty or poll taxes, p. 523, § 4290, subd. S. Assessor, deputies, clerks and assistants, nunil)er, enumeration, ap- pointment and salaries of, ]). 350, § 4232, subd. 8. Assessor, maps, plats and block-books, preparation of and powers and duties as to, p. 350, § 4232, subd. 8. Assessor, no compensation allowed to for mnkiiig out military-roll, p. 523, § 4290, subd. 8. AsHCSsor, salary of, and commissions, p. 350, § 4232, subd. S. Auditor, additional assistants, allowance of and report of amount expended for. i'. 350, § 4232, subd. 4. INDEX. 1397 ALAMEDA COUNTY (Coiitiimod). Auditor, deputies and assistants, number, enumeration, appointment and salaries, p. 350, § 4232, subd. 4. Auditor, report of, p. 350, § 4232, subd. 4. Auditor, salary of, p. 350, § 4232, subd. 4. Constables, fees and expenses, and how allowed and paid, p. 350, § 4232, subd. 15. Constables, number and enumeration of, p. 350, § 4232, subd. 15. Constables, population of townships, how determined, p. 350, § 4232, subd. 15. Constables, salaries of, p. 350, § 4232, subd. 15. Coroiier, deputy and stenographer, appointment and compensatiou, p. 350, § 4232, subd. 10. Coroner, powers and duties of, p. 350, § 4232, subd. 10. Coroner, salary, fees and expenses of, p. 350, § 4232, subd. 10. Coroner, stenographer, appointment and compensation of, p. 350, § 4232, subd. 10. Coroner, stenographer, transcription of testimony' constitutes deposi- tion of witnesses, p. 350, § 4232, subd. 10. County clerk, deputies, clerks and assistants, number, enumeration, appointment and salaries, p. 350, § 4232, subd. 1. County clerk, salary of, p. 350, § 4232, subd. 1. District attorney, deputies, clerks and assistants, number, enumera- tion, appointment and salaries, p. 350, § 4232, subd. 9. District attorney, salary of, p. 350, § 4232, subd. 9. Game warden, bond of covers acts of deputy, p. 349, § 4149b. Game warden, deputy, powers and duties of, p. 349, § 4149b. Game warden, deputy, salary of, p. 349, § 4149b. Game warden, deputy, supervisors may appoint, p. 349, § 4149b. Justices, clerk, appointment, oath, powers, duties and bond, p. 350, § 4232, subd. 14. Justice's clerk in. See Justice's Clerk. Justices, ofSces for, duty to provide, p. 350, § 4232, subd. 14. Justices, population of townships, how determined, p. 350, § 4232, subd. 14. Justices, register, duty to keep, what to show and right of inspec- tion, p. 350, § 4232, subd. 14. Justices, salaries and fees of, p. 350, § 4232, subd. 14. License collector, receives fifteen per cent of collections, p. 350, § 4232, subd. 7. Poll and road taxes, commissions for collecting to be allowed county in settlement with state, p. 350, § 4232, subd. 8. Probation officers and assistants and salaries of, p. 955, Act 1770a, § 19c. Public administrator, fees of, p. 350, § 4232, subd. 11. Recorder, deputies, number, enumeration of and salaries, p. 350. § 4232, subd. 3. Recorder, monthly report of, p. 350, § 4232, subd. 3. Recorder, salary and allowances, p. 350, § 4232, subd. 3. Sheriff, deputies, clerks and assistants, number, enumeration, appoint- ment and salaries, p. 350, § 4232, subd. 2. Sheriff, salary and expenses of, p. 350, § 4232, subd. 2. Special counsel, power to employ, p. 350, § 4232, subd. 9. Superintendent of schools, deputies and assistants, number, appoint- ment and salaries, p. 350, § 4232, subd. 12. Superintendent of schools, salary of, p. 350, § 4232, subd. 12. 1398 INDEX. ALAMEDA COUNTY (Contiuued). .Superior judges of, increase from six to eight, p. 547, Act 96b. Supervisors charged as road commissioners, furnishing with auto- mobiles, p. 35U, § 4232, subd. 16. Supervisors, expenses of, allowance of, p. 350, § 4232, subd. 16. Supervisors, salaries of, p. 350, § 4232, subd. 16. Surveyor, charge for work done, duty as to, p. 350, § 4232, subd. 13. Surveyor, compensation and expenses, p. 350, § 4232, subd. 13. Surveyor, deputies and assistants, number and compensation of, p. 350, § 4232, subd. 13. Survevor, maps, plats or block-books, making for countv, rights and duties as to, p. 350, § 4232, subd. 13. Tax collector, deputies, clerks and assistants, number, enumeration, appointment, salaries and duties, p. 350, § 4232, subd. 6. Tax collector, indexes of assessment-roll, powers and duties regard- ing, p. 350, § 4232, subd. 6. Tax collector, salary of, p. 350, § 4232, subd. 6. Treasurer, deputies, number, appointment and salaries, p. 350, § 4232, subd. 5. Treasurer, fees and commissions to be paid into general fund, p. 350, § 4232, subd. 5. Treasurer, salary of, p. 350, § 4232, subd. 5. ALBICORE. See Game Laws. ALIENATION. Power of, how long may be suspended, p. 53, § 715. ALIENS. Escheated property, time to make claim for, p. 24, § 1269. Registration of. See Elections. ALIMONY. See Divorce. Maintenance, in action for without divorce by wife. See Husband and Wife. ALTERATION OF INSTRUMENTS. Xegotiable instrument, alteration of. See Negotiable Instruments. AMBIGUITIES. Xe-i.tial)lt' inslruments, in, rules for construction of, p. 63, § 3098. AMENDMENTS. Power of courts to allow, p. 11, § 473. "What amendments may be allowed, p. 11, § 473. AMERICAN FLAG. Sec Flag. ANGELES NATIONAL FOREST. l.'crnrrstalioii, lire lanes and fire trails for, p. 718, Act 1223. ANIMALS. Sec Fish; Game Laws. Cat lie. See Cattle. Inspection of animals slaughtered for food, p. 71o, Act ll-Ob. I?<-pe:.I of act for investigating effect of smelter fumes on, p. 1238, .\<-t 3670. ANSWER. ,, , , , ,, „ ,.., TiiiH. for. pcritiittiiig answer alter time allowed by code, p. ll,!!4(.i. Time for, power of court to enlarge, p. 11, §473. INDEX. 1399 ANTELOPE. See Game Laws. APARTMENT HOUSES. Lieus, keepers of apartment houses have, p. 55, § 1861a. Liens of keepers, how enforced, p. 55, § 1861a. Lieu of keeper, sale of property,- disposition of proceeds, p. 55, § 1861a. Lien of keeper, sale to enforce bar to action for property or dam- ages, p. 55, § 1861a. Tenement houses. See Tenement Houses. APPEALS. Courts-martial, appeal from sentence of to governor, p. 247, § 2021. Inheritance tax, no appeal lies from order relating to, p. 20, § 963. Judgments from which appeal lies, p. 20, § 963. Lien of judgment, effect of appeal on, p. 17, § 671. Mother of half-orphan child maintained at home, right of appeal where refused aid, p. 254, § 2283. Orders from which appeal lies, p. 20, § 963. Probate proceedings, in. See Estates of Decedents. State board of equalization, appeal to from levy of percentage under franchise tax, right of and proceedings on, p. 313, § 3665a. APPEARANCE. Escheat proceedings, effect of failure to make in, p. 24, § 1269. Waiver by, p. 247, § 2022. APPLES. Act of 1915, establishing standards for packing and marketing, re- pealed, p. 723, Act 1275a, Standard for packing and marketing, act of 1917 establishing, p. 723, Act 1275a. APPRAISERS. Estates of decedents, of. See Estates of Decedents. APPROPRIATIONS. Excessive expenditures, duty of board of control as to, p. 555, Act 217, §5. Excessive expenditures forbidden, p. 555, Act 217, § 5. Excessive expenditures, liability of officers making, p. 555, Act 217, §5, Insurance of public property, not to bo used for except state print- ing office, p. 555, Act 217, § 6. Legislature, for, how expended, p. 553, Act 217, § 2. National guard, for, how expended, p, 553, Act 217, § 2, Not more than one-half to be expended during sixty-ninth fiscal year, p. 555, Act 217, § 4. Not more than one twenty-fourth to be expended monthly, p. 555, Act 217, §4. Officers to make detailed report of manner expenditures made, p. 554, Act 217, §3. Particular purpose, for. See particular title. Printing, for, how expended, p. 553, Act 217, § 2. Public institutions, for, how expended, p, 553, Act 217, § 2. AQUATIC PLANTS, See Kelp. 1-iOO INDEX. ARCATA. Waterfront, grant of to, p. 555, Act 223. ARMORIES. See National Guard. ARMS. See Deadly Weapons. ARMY. See National Guard; Soldiers and Sailors. Acquiring land by counties for army camps and conveying to United States, p. 643, Act 803. License tax, exemption of honorably discharged soldiers from, p. 280, § 3366. State defense guard, creation, control, compensation and duties, p. 3060, Act 2203. ARSENALS. See National Guard. ARTILLERY. See National Guard. ASEXUALIZATION. Inmates of Pacific Colony for feeble-minded and epileptics, of, p. 842, Act 1648. Provision for asexualization of certain persons, p. 558, Act 248. ASSEMBLY. See Legislature. ASSESSMENTS. See Taxation. Mutual insurance on assessment plan. See Mutual Insurance on Assessment Plan. Stock. See Corporations. Taxation, for purpose of. See Taxation. ASSIGNMENT. Action to recover tax paid under void assessment, assignee cannot bring, p. 328, § 3669a. Bill of exchange is not assignment of fund, p. 86, § 3208. Check does not operate as, p. 98, § 3265e. Negotiable instrument, by infant or corporation, effect of, p. 64, §3103. ASSIGNMENT FOR BENEFIT OF CREDITORS. Change of possession not necessary on, p. 100, § 3440. Notice of dishonor of negotiable instrument, how made where party has made assignment for benefit of creditors, p. 80, § 3182. Presentment of bill of exchange for payment where drawee has as- signed for creditors, p. 90, § 3226. Protest of bill of exchange before maturity, for better security where acceptor has assigned for creditors, p. 93, § 3239. ASSOCIATIONS. See Benefit Societies; Building and Loan Associations; licligioiis, Social and Benevolent Corporations. ATTACHMENTS. Discharge, defendant may apply for wholly or in, part, p. 15, § 554. Discharge, motion for, notice of, p. 15, § 554. Discharge, motion for, w-hen may be made, ]). 15, § 554. Justice's court, in. See .Justice's Court. Keleasr; of, flcliverv oi' propcrtv and proceeds to defcMidant, p. 15, § 554. Ifrdeasc of on giving iindiMlaiiitig, p. 15, J) 551. INDEX. 1401 ATTACHMENTS (Contiuued). Kelease of, proceedings for, p. 15, § 554. Release of, proceedings for, before whom taken, p. 15, § 554. Kelease of, undertaking for, justification of sureties, p. 15, §§ 554, 555. Release of, undertaking for, terms and conditions of, p. 15, §§ 554, 555. Release of, upon what terms granted, p. 15, § 555. Release of, when granted, p. 15, §§ 554, 555. Several writs may be issued to sheriff's of different counties, p. 14, §540. To whom directed, p. 14, § 540. Unclaimed funds, publication of notice of, costs and expenses of, p. 15, § 570. Undertaking by one defendant where several defendants, approval of, p. 14, § 540. Undertaking by one defendant where several defendants, right to give and liability under, p. 14, § 540. What to state, p. 14, § 540. ATTEMPT. Escape of inmate from state hospital, aiding, a misdemeanor, p. 103, § 109a. ATTORNEYS. Admission to practice, examination of applicants in open court, p. 9, § 276. Admission to practice, qualifications for admission to practice, p. 9, § 276. Admission to practice, repeal of sections admitting to practice on diplomas from various law schools, p. 9, §§ 280a, 280b; p. 190, § 1483. Fee, provision for payment of in note, p. 59, § 3083. Hastings College of the Law, repeal of section admitting to practice on diploma from, p. 9, § 2S0a; p. 190, § 1483. Inheritance tax department, attorneys for, p. 163, § 445. See Tax- ation. Justice of the peace cannot have partner practicing law, p. 2, § 103. Justice of the peace cannot practice law before another justice, p. 2, § 103. Justices must have been admitted to practice law in what counties, p. 2, § 103. Leland Stanford Junior University', repeal of section admitting to practice on diploma from, p. 9, § 280b. Saint Ignatius University, repeal of section admitting to practice on diploma from, p. 9, § 280b. Secretary, clerk or stenographer of as witness, j). 33, § 1881. Special counsel. See Special Counsel. University of California, repeal of section admitting to practice on diploma from, p. 9, § 280b. University of Santa Clara, repeal of section admitting to practice on diploma from, p. 9, § 280b. University of Southern California, repeal of section admitting to practice on diploma from, p. 9, § 2S0b. Witness, as, p. 33, § 1881. Young Men's Christian Association Law College of San Francisco, repeal of section admitting to practice on diploma from, p. 9, § 280b. 1402 INDEX. ATTORNEY GENERAL. Admiiiistration of estates, may direct commencement of where none commenced within six months, p. 24, § 1269. Appointees of and salaries of, p. 164, § 472. Civil executive officers, what assistants of are, p. 165, § 475. Civil service rules, what assistants of exempted from, p. 165, § 475. Clerks, stenographers and assistants, number of and salaries of, p. 165, § 475. District attornev, disqualification of. emplovment of special counsel, p. 164, § 472. Duties of, p. 164, § 472. Escheat of estates. See Echeat. Special counsel, employment of by, p. 164, § 472. AUCTIONS. Sale of stock in trade at auction, recording notice of, p. 100, § 3440. AUDITOR. Duplicate statements from assessor's books, duty to prepare and what to show, p. 342, § 3728. Statement of property redeemed and not redeemed, to transmit to assessor, p. 341, § 3678. Tax collector, settlement of with auditor for taxes collected, p. 342, §3753. Tax collector, to charge with full amount of taxes levied, p. 342, §3734. Taxes charged to tax collector, notifving controller of amount, p. 342, § 3734. AUTOMOBILES. Act of 1915 regulating use and operation of amendment of 1917, p. 1078, Act 2331b. Bonus, discount or consideration for purchase of supplies, offer or acceptance of forbidden, p. 1078, Act 2331b. Fines and forfeitures for violation of act, disposition of, p. 1078, Act 2331b. Garage. See Garages. License of persons operating, p. 1078, Act 2331b. Motor vehicle department, creation, organization and conduct of, p. 1078, Act 2331b. Ordinances, local, power of local authorities as to limited, p. 1078, Act 2331b. Penalties for violation of act regulating use of. p. 1078, Act 2331b. Possession or use without consent of owner prohibited, p. 1078, Act 2331b. Registration and identification of, p. 107f-, Act 2331b. Registration and license fees, disposition of, p. 1078, Act 2331b. Registration of, fees for, p. 1078, Act 2331b. Regulation of carrying of persons or [iroporty for hire by, p. 1109, Act 2331d. B BADGERS. See Game Laws. BANKRUPTCY. I'.iink. of. See Banks. licncficiaries of workmen's compensrition insurance policies, protec- tion against insolvency of insurance cnniers, p. 1036, Act 2143f. INDEX. J 403 BANKEUPTCY (Continued). Discharge not to be granted until taxes paid, p. 327, § 3668e. Notice of dishonor of negotiable instrument, how made when party a bankrupt, p. 80, § 3182. Presentment of bill of exchange for payment where drawee bank- rupt, p. 90, § 322G. Protest of bill of exchange before maturity for better security where acceptor bankrupt, p. 93, § 3239. Trust companies, effect of on liability of stockholders, p. 11, § 348. BANKS AND BANKING. Action to recover deposit, no limitation in case of, p. 11, § 348. Amendments in 1917 of act of 1909 relating to, p. 559, Act 297. Amendment of articles of incorporation, certificate of approval by superintendent of banks, p. 41, § 290a. Assessment of banks generally by state board of equalization, p. 323, § 3668. Assessment of banks in liquidation bv' state board of equalization, p. 323, § 3668. Bank includes what, p. 98, § 3266. Banking or trust company, insolvency of, effect on liability of stock- holders, p. 11, § 348. Bonds of municipal water districts legal investments for funds, p. 599, Act 387a. Check, nonpayment of by bank, damages for, p. 95, § 3320. Checks. See Checks. Deposit, no limitation of action to recover, p. 11, § 348. Director concurring in loau to another director guilty of misde- meanor, p. 108, § 561d. Director failing to make new entries guilty of misdemeanor, p. 109, §563a. Directors, loans to in violation of law valid, p. 108, § 56 Id. Director making deposit of funds wath another bank in consideration of loan a misdemeanor, p. 108, § 561d. Director, making false or untrue entries a felony, p. 109, § 563a. Director participating in fraudulent insolvency guilty of misde- meanor, p. 108, § 561b. Director, willful acts or omissions a misdemeanor, p. 108, § 561b. False statements as to solvency, making or starting a misdemeanor, p. 109, § 563b. Franchise tax for state purposes on. See State Board of Equaliza- tion. Insolvency of bank deemed fraudulent when, p. 108, § 561b. Insolvency of banking or trust corporation, effect on liability of stockholders, p. 11, § 348. Liquidation of bv superintendent of banks, act relating to, p. 592, Act 298. Making instrument paj^able at bank equivalent to order to pav, p. 77, § 3168. National bank, repeal of section relating to taxation of shares of, p. 30G, §§ 3609, 3610. Negotiable instrument drawn or indorsed to ofiieer of bank deemed payable to bank, p. 68, § 3123. Negotiable instrument drawn or indorsed to officer of bank, how negotiated, p. '68, § 3123. Negotiable instrument payable at bank, presentment for payment in case of, p. 75, § 3156. 1404 INDEX. BANKS AND BANKING (Continued). Xo limitation of action to rcover deposit, p. 11, § 348. Officer creating any liability of beyond amount legally permissible guilty of misdemeanor, p. 108, § 561c. Officer or employee abstracting or misappropriating funds a felony, p. 108, § 561a. Officer or employee abstracting or misappropriating funds, punish- ment of, p. ^108, § 561a. Officer or employee, concealing or failing to report loans or dis- counts a misdemeanor, p. 108, § 561d. Officer or employee concealing or failing to report purchase of secur- ities, guilty of misdemeanor, p. 108, § 561d. Officers or employees, failure to make new entries, a felony, p. 109, § 563a. Officer or employee making deposit of funds with another bank in consideration of loan, p. 108, § 561d. OfiSeers or employees, making false or untrue entries by a felony, p. 109, § 563a'! Officer or employee, oyerdrawing account a felony, p. 107, § 561. Officer or employee, reeeiying any gratuity or reward for procuring loan or accommodation, a felony, p. 107, § 561. Officer or employee, receiving reward for permitting depositor to overdraw account, a felony, p. 107, § 561. State board of equalization, report to, banks must make annually, p. 320, § 3666b. State board of equalization, report, form of. what to contain, p. 320, § 3666b. State board of equalization, report to, time to make, p. 320, § 3666b. State board of equalization, report to, who to make, p. 320, § 3666b. BARRACUDA. See Game Laws. BASS. See Game Laws. BATHHOUSES. Regulations governing, p. 1386, Act 4349e. BAXTER CREEK IRRIGATION DISTRICT. Proceedings for formation of validated, p. 899, Act 1725 1. BEAVER. Sec Game Laws. BED SHEETS. See TTotels. BENEFIT SOCIETIES. Heo Keligious, Social and Benevolent Corpora- tions. Amendiiients of 1917 of act of 1911 for regulation and control of, p. 593, Act 313. Whole family, protection for memlHM's of, provision for, p. 596, Act 316. BENEVOLENT CORPORATIONS. See Keligious, Social and Benevolent Corporations. BENICIA. I ';ii(|iiin(V, Straits. See (!arquinc/. Straits. BERKELEY. ' ( li;irt.T of. ]y. 598, Act 332. Waterfront, grant of to, p. 598, Act 334. INDEX. 1405 BIG BASIN. See California Redwood Park. BILLS OF EXCHANGE. See Negotiable lustruments. Acceptance after dishonor by nouaceeptance, date of, p. S8, § 3219. Acceptance before it has been signed by drawer, p. 88, § 3219. Acceptance, bill dislionored by nonaccejjtance when, p. 91, §§ 323f>, 3231. x'^cceptanee, dates as of day of presentation, p. SS, § 3217. Acceptance, defined, p. 87, § 3213. Acceptance, destruction of on delivery for acceptance, deemed an acceptance, p. 88, § 3218. Acceptance, dishonor by uonacceptance, recourse against drawers and indorsers without presentment, p. 91, § 3232. Acceptance, drawee not liable before, p. 86, § 3210. Acceptance for honor, agreement of acceptor for honor, p. 94, § 3246. Acceptance for honor, bill may be accepted for honor, when, p. 93, § 3242.. Acceptance for honor, bv different persons, for different parties, p. 93, § 3242. Acceptance for honor, calculation of maturity where bill payable after sight accepted for honor, p. 94, § 3247. Acceptance for honor, delay in making presentment to acceptor, when excused, p. 95, § 3250. Acceptance for honor, dishono'r by acceptor, protest for nonpayment in case of, p. 95, § 3251. Acceptance for honor, for part only of the sum duo, p. 93, § 3242. Acceptance for honor, how made, p. 94, § 3243. Acceptance for honor, liability of acceptor, p. 94, § 3246. Acceptance for honor, presentment for payment to acceptor, how made, p. 94, § 3249. Acceptance for honor, presentment for payment to acceptor, time to"^ make, p. 94, § 3249. Acceptance for honor, protest for nonpayment before presentment to acceptor, p. 94, § 3248. Acceptance for honor, to whom acceptor liable, p. 94, § 3245. Acceptance for honor, where person for whose honor made not stated deemed an acceptance for honor of drawer, p. 94, § 3244. Acceptance for honor, who may accept for honor, p. 93, § 3242. Acceptance, general, denned, -p. 88, § 3220. Acceptance, general or qualified, may be, p. 88, § 3220. Acceptance, general, to pay at particular place is, p. 88, § 3221. Acceptance, holder may require to be on instrument, p. 87, § 3214. Acceptance, meaning of, p. 98, § 3266. Acceptance of incomplete bill, p. 88, § 3219. Acceptance on separate paper, in whose favor onlv binding, p. 87, § 3215. Acceptance, presentment for, by whom made, p. 90, § 3226. Acceptance, presentment for, day of, jjrovisions relating to negotiable instruments govern, p. 90, § 3227. See Negotiable Instruments. Acceptance, presentment for, delay in when excused, p. 90, § 3228. Acceptance, presentment for excused and bill may be treated as dishonored, when, p. 90, § 3229. Acceptance, presentment, failure to present when necessary exoner- ates drawers and indorsers, p. 90, § 3225. Acceptance, presentment, how made, p. 90, § 3226. Acceptance, presentment, must be made within reasonable time, p. 90, §3225. 1406 INDEX. BILLS OF EXCHANGE (Coutinued). Aeceptauce, presentmeut for, necessary in what cases, p. S9, § 3224, Acceptance,, presentment, to whom made, p. 90, § 3226. Acceptance, presentment, when excused, p. 90, § 3229. Acceptance, presentmeut, when to be made, p. 90, § 322(3. Acceptance, presentment, when addressed to two or more drawees, p. 90, § 3226. Acceptance, presentment, where drawee bankrupt or has assignment for creditors, p. '90, § 3226. Acceptance, presentment, where drawee dead, p. 90, § 3226. Acceptance, presentmeu't for, where Saturday not a holidav, p. 9U, § 3225. Acceptance, promise must be to pay in money, p. 87, § 3213. Acceptance, protest for nonacceptance. See post. Protest, this title. Acceptance, qualified, defined, p. SS, § 3220. Acceptanc-e, qualified, discharges drawer and indorsers, unless they assent, p. 89, § 3223. Acceptance, qualified, drawer or indorser must dissent within rea- sonable time or bound by, p. 89, § 3223. Acceptance, qualified, holder may refuse to take, p. 89, § 3223. Acceptance, qualified, what is, p, SS, § 3222. Acceptance, refusal to return bill, deemed an acceptance, p. 88, § 3218. Acceptance, refusal to write on instrument, holder may treat as dis- honored, p. 87, § 3214. Acceptance, time allowed for, p. SS, §§ 3217, 321S. Acceptance to be in writing and signed by drawee, p. 87, § 3213. Acceptance, unconditional promise to accept, effect of, p. 88, § 3216. Acceptance, unqualified refusal to give, bill may be treated as dis- honored, p. 89, § 3223. Accepters. See Negotiable Instruments. Addressed, may be to drawees jointly, p. 86, § 3209. Addressed, mav not be to drawees in alternative or in succession, p. 86, §3209. Alteration of. See Negotiable Instruments. Assignment of fund, is not, p. 86, § 3208. . Bearer, meaning of, p. 98, § 3266. "Bill," meaning of, p. 98, § 3266. Defined, p. 86, § 3207. Delivery, meaning of, p. 98, § 3266. Drawee a fictitious person or without authority, to contract, may be treated as promissory note, p. 86, § 3211. Drawee not liable on unless and until acceptance, p. 86, § 3208. Drawer and drawee same person, mav be treated as promissorv note, p. 86, §3211. Drawees. See Negotiable Instruments. Dishonor by nonacceptance, recourse to drawer and indorsers witiioiit presentment, p. 91, § 3232. Dishonored by nonacceptance when, p. 91, §§ 3230, 3231. Dishonored, presentment excused and bill may be treated ns wlieii, p. 90, § 3229. Dishonor of. See Negotiable Instruments. Dishonor of, referee in case of need. See post, Kel'eree, tliis title. Foreign l)ills, protest of. See post. Protest. Foreign, defined, p. 86, § 3210. Foreign, failure to protest discharges drawers and iiidorser.s, p. 91, § 3233. INDEX. 1407 BILLS OF EXCHANGE (Continued). Foreign, protest for nonacceptance or nonpayment, p. 91, § 3233. Foreign, protest required on, p. 83, § 3199. Foreign, protest, waiver of, waives presentment and notice of dis- honor, p. 82, § 3192. Foreign, protest for nonacceptance. See post. Protest, this title. Holder, moaning of, p. 98, § 3266. Holders of, rights of. See Negotiable Instruments. Honor, payment for. See post. Payment for Honor, this title. Indorsement, meaning of, p. 98, § 3266. Indorsement of. See Negotiable Instruments. Inland, bill may be treated as unless contrary appears, p. 86, § 3210. Inland, defined, p. 86, § 3210. In parts, acceptance of more than one part, liability to subsequent holders, p. 97, § 3262. In parts, acceptance to be written on one part only, p. 97, § 3262. In parts, payment of one part discharges whole, p. 97, § 3264. In parts, payment without requiring delivery of part bearing accept- ance, liability to holder, p. 97, § 3263. In sets, acceptance may be written on any part, p. 97, § 3262. In sets, constitute one bill, p. 96, § 3259. In sets, liability of holder where different parts negotiated, p. 96, §3261. In sets, liabilitv of indorsers where different parts negotiated, p. 96, §3261. In sets, rights where different parts negotiated, p. 96, § 3260. Instrument; meaning of, p. 98, § 3266. Issue, meaning of, p. 98, § 3266. Makers. See Negotiable Instruments. Negotiated, must be within reasonable time, p. 90, § 3225. Negotiation of. See Negotiable Instruments. Payment for honor, declaration before payment for honor, p. 95, § 3254. Payment for honor, discharge of subsequent parties, p. 96, § 3256. Payment for honor, how made, p. 95, § 3253. Payment for honor, payer entitled to bill and protest, p. 96, § 3258. Payment for honor, preference where several offer to pay for honor, p. 95, § 3255. Payment for honor, refusal to accept, loss of right of recourse, p. 96, § 3257. • Payment for honor, subrogation of payer for honor, p. 96, § 3256. Payment for honor, who may make, p. 95, § 3252. Payment, no further demand necessary after protest, p. 92, § 3237. Payment, protest for nonpa.yment. See post. Protest, this title. Person, meaning of, p. 98, §3266. Presentment for acceptance. See ante. Acceptance, this title. Promissory note, when may be treated as, p. 86, § 3211. Protest before maturity for better security where acceptor bankrupt or has assigned for creditors, p. 93, § 3239. Protest, bill protested for nonacceptance mav be protested for non- payment, p. 92, § 3238. Protest, delay in, proceedings when excuse for ceases, p. 93, § 3240. Protest, delay in when excused, p. 93, § 3240. Protest, extending when bill has been dulv noted, p. 92, § 3236. Protest, form of, p. 92, § 3234. Protest, how made, p. 92, § 3234. I-IOS INDEX. BILLS OF EXCHANGE (Coutinued). Protest, liow made where bill lost, destroyed or wrongly detained, p. 93, § 3241. Protest, no further demand for payment necessary, p. 92, § 3237. Protest not required except in case of foreign bills, p. 83, § 3199; p. 91, § 3233. Protest, time of making, p. 92, § 3236. Protest, when dispensed with, p. 93, § 3240. Protest, where to be made, p. 92, § 3237. Protest, who may make, p. 92, § 3235. Referee in case of need, delay in making presentment to accepter, when excused, p. 95, § 3250. Eeferee in case of need, name of may be inserted on dishonor or nonacceptance, p. 87, § 3212. Eeferee in case of need, resort to, option of holder, p. 87, § 3212. Eeferee in case of need, who is, -p. 87, § 3212. Eeference on, in case of need, protest for nonpayment before pre- sentment to referee, p. 94, § 3248. Value, meaning of, p. 98, § 3266. BIBDS. See Game Laws. BIRDS OF PARADISE. See Game Laws. BIRTHS. See Vital Statistics. BLACKBIRDS, See Game Laws. BLANK. Indorsement in. See Negotiable Instruments. BLANKS. Negotiable instruments, in. See Negotiable Instruments. BLIND. See Deaf and Blind. BLUEJAYS. See Game Laws. BLUE SKY LAW. Corporate securities act of 1917, p. 881, Act 1700. BOARD OF CONTROL. Authorized to retransfer certain lauds to original owners, p. 1173, Act 2875h. •• Department of jmblic accounting, appointees are civil executive offi- cers, p. 179, § 686. Department of public accounting, appointees may administer oaths, ].. 179, § 686. Department of jniblic accounting, consists of what officers, p. 179, § 686. Department of public accounting, creation of, p. 179, § 6S6. Department of public acconnting, superintendent and assistants, ap- jiointment, qualifications, salaries and bonds, p. 179, § 686. Department of accounting under supervision of, p. 176, § 686. Orphan asylums, children's agents to examine into, appointment, num- ber, duties, salaries and expenses, p. 255, § 2286. Orphan asylums, examination into by, p. 255, § 2286. Presentation of claim to for escheated estate instead of filing peti- tion, p. 26, § 1272a. Sale of certain lands by authorized, p. 598, Act 356. INDEX. 1401J BOARDS OF EDUCATION. Sec Schools. BOILERS. See Steam BoiJers. BONA FIDE PURCHASERS. See Negotiable Instruments. ('omnuniitv property, rights of bona fide purchasers or encuml^rancers of, p. 37, § 164; p. 38, § ]72a. BONDS. Cancellation of unsold bonds issued for public improvements, p. 1121, Act 2371. Cities, counties or cities and counties, payment to by controller of taxes necessary to pay bonded indebtedness, p. 337, § 3670b; p. 338, § 3670c. City, issued for public improvements, validation of, p. 1122, Act 2371a Employer to pay cost of bond required of employee, p. 987, Act 2140e. Highways, for. See Highways. Irrigation districts, bonds of as legal investments for trust funds, p. 916, Act 1732b. Insurance corporations may invest funds in what bonds, p. 47, § 421. Limit of tax rate that can be levied to pay bonds or judgments there- from, p. 341, § 3714. Municipal. See Municipal Corporations. Municipal districts, of, legal investments for funds, p. 599, Act 387a. Municipal, issuance of legalized, p. 600, Act 389a. Negotiation bv delivery or qualified indorsement, warranty under, p. 73, § 3146. Particular officer, of. See particular title. School. See Schools. Street improvements, for. See Streets. Surplus line broker, of, p. 166, § 596. University of California, for buildings for. See Universitj" of Cali- fornia. BOOK ACCOUNT. Limitation of action upon, p. 9, § 337. BOOKS. School. See Schools. School text-books. See Schools. BOULEVARDS. See Highways. BOUNDARIES. County. See County' Boundaries; also, particular county. BRANDS. See Marks and Brands. BRANT. See Game Laws. BRIBERY. Provisions preventing gifts, advances or promises to legislators by candidatetor United States Senate, repeal of, p. 103, §§ 63, 63%. BRIDGES. Construction of, in county by supervisors of adjoining county, act authorizing, p. 763, Act 1447. Toll, connecting two counties, how assessed, p. 308, § 3643. S9 1410 INDEX. BROKERS. lusurance. See Insurance Companies. Xegotiable instrument, liabilty of broker negotiating, p. 74, § 3150. Ecal estate brokers, definition of, p. 539, Act (50. Eegulation, supervision and licensing of real estate brokers and solicitors, p. 539, Act 60. Surplus line brokers. See Insurance Companies. BRUSH RABBIT. See Game Laws. BUILDING AND LOAN ASSOCIATIONS. Amendments of 1917 of the building and loan commission act of 1911, p. 601, Act 428. Loans, security for, p. 53, § 638. Loans, repayment of, p. 53, § 638. Loans, notes or obligations to be issued, p. 53, § 638. Loans may be made upon what securities, p. 53, § 638. Loans, interest on, p. 53, § 638. No limitation of action to recover deposit, p. 11, § 348. Xot included in provision for taxation of banks for state purposes, p. 311, § 3664c. BUILDINGS. See Apartment House; Building and Loan Associations; Hotels; Tenement Houses. Construction, reconstruction, moving and alteration of dwellings, regulation of, p. 605, Act 431b. Elevators. See Elevators. Establishment in cities of districts and regulation construction of buildings in, p. 602, Act 431. Maintenance, use and occupancy of dwellings, regulation of, p. 605, Act 431b. Maintenance, use and occupancy of premises and land on which located, regulation of, p. 605, Act 431b. Plumbing. See Plumbing. School. See Schools. Set-back lines for buildings, fixing and establishing of, p. 604, Act 431a. State dwelling-house act of 1917, p. 605, Act 431b. T^niversity of California, for. See University of California. BURDEN OF PROOF. See Evidence. BUREAU OF CRIMINAL IDENTIFICATION. Clerk and employees, ai)poinlment, qualifications and compensation of, p. 647, Act S63a. Creation, powers and duties of, p. 647, Act 863a. Repeal of act of 1905 creating, p. 647, Act 863. BUREAU OF LABOR STATISTICS. See Labor Commissioner. BUREAU OF VITAL STATISTICS. See Vital Statistics. BURGLARY. Explosives, with, punishment of, p. 105, § 464. Explosives, with, what constitutes, p. 105, §464. BURIAL. Sic Cemeteries. BURNT OR DESTROYED RECORDS OR DOCUMENTS. I'lst.'ilili^hnieiit or ijuietiiig title in case of, p. GIG, Act 436. INDEX. 1-111 BUSINESS. Licenses ou. See Licenses. Sale of stock in trade, recording notice of, p. 100, § .3440. BUTCHER BIRDS. Sec Game Laws. BUTTE COUNTY. Assessor, deputies, number, appointment and salaries, p. 429, § 4248, subd. 7. Assessor, salary, commissions and fees of, p. 429, § 4248, subd. 7. Auditor, salary of, p. 429, § 4248, subd. 4. Board of education, compensation and mileage, p. 429, § 4248, subd. lii. Charter of, p. 616, Act 444. Constables, population of townships, how determined for fixing sal- aries of, p. 429, § 4248, subd. 13. Constables, salaries and fees of, p. 429, § 4248, subd. 13. Coroner, fees of, p. 429, § 4248, subd. 9. County clerk, deputy, appointment and salary, p. 429, § 4248, subd. 1. County clerk, salary and allowances of, p. 429, § 4248, subd. 1. District attorney, assistant, salary of, p. 429, § 4248, subd. 8. District attorney, salary of, p. 429, § 4248, subd. 8. District attorney, stenographer, appointment and salary, p. 429, § 4248, subd. 8. .Turors, grand, fees and mileage, p. 429, § 4248, subd. 16. Jurors, trial, fees and mileage, p. 429, § 4248, subd. 16. Justices, population of townships, how determined for fixing salaries of, p. 429, § 4248, subd. 13. .Justices, salaries and fees of, p. 429, § 4248, subd. 13. Population of townships, how determined, p. 429, § 4248, subd. 13. Provisions of code, when become operative, p. 429, § 4248, subd. 17. Probation otRcer and salary of, p. 955, Act 1770a, § 19i. Public administrator, fees of, p. 429, § 4248, subd. 10. Recorder, copyist, appointment and salary, p. 429, § 4248, subd. 3. Recorder, salary of, p. 429, § 4248, subd. 3. Sheriff, salary of, p. 429, § 4248, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 429, § 4248, subd. 11. Superintendent of schools, salary and expenses of, p. 429, § 4248, subd. 11. Supervisors, mileage as road commissioner, p. 429, § 4248, subd. 14. Supervisors, salary of, p. 429, § 4248, subd. 14. Surveyor, fees of, p. 429, § 4248, subd. 12. Tax collector, salary of, p. 429, § 4248, subd. 6. Treasurer, salary of, p. 429, § 4248, subd. 5. BUTTER. Eegulation of production and sale of, p. 617, Act 473. Renovated or imitation, regulation of production and sale of, p. 617, Act 473. BY-LAWS. Reclamation district, for government of, p. 281, § 3452. 1412 INDEX. CALAVERAS COUNTY. Probation officer and t>alar_v of, p. 956, Act 1770a, § 19m. CALIFORNIA HIGHWAY COMMISSION. Creation, powers, duties, employees and salaries, p. 1240, Act 3812. CALIFORNIA IRRIGATION ACT. See Irrigation. Formation of ^Yater districts under and powers of, p. 917, Act 1732i. CALIFORNIA IRRIGATION DISTRICT ACT. See Irrigation. Act Ivuown as, p. 900, Act 172(5. CALIFORNIA REDWOOD PARK. Appropriation for purchase of additional land, p. 622, Act 508. CALIFORNIA SCHOOL FOR DEAF AND BLIND. Improvement of grounds at Berkeley, p. 65.5, Act 895b. CALIFORNIA SCHOOL FOR GIRLS. Amendment of act establisliiug, p. 623, Act 511b. CALIFORNIA STATE NAUTICAL SCHOOL. Establishment of, p.^lbU, Act 2436. CALIFORNIA STATE REFORMATORY. ("ontrol and management of land purchased for, p. 624, Act 512a. CAMPS. Acquiring lands by counties for army camps and conveying to United States, p. 643, Act 806. CANALS. Assessment of water ditches, p. 309, § 3663. Rivers, canalization of, surve3-s and report on, p. 1246, Act 3818b. Screens before to protect fish, provision relating to, p. 123, §629. CANCELLATION. X('i,f(]tiable instrument, of. See Negotiable Instruments. CANDIDATES. Sec Elections. CAPITOL. Superintendent of, appointees, salaries of and how paid, p. 179, § 718. Superintendent of, employees of, enumerated, p. 179, §718. Sniierintcndent of, employees, what may appoint, p. 179, § 718. CAR-LOANING COMPANIES. Franchise tax for stale jmrposes in. See State Board of Equaliza- tion. CARMICHAEL IRRIGATION DISTRICT. l''(M-niatiijii of \ali. 1109, Act 233ia. CARRIERS OF PASSENGERS. Automobiles, regulation of earrving of passengers for hire by, p. 1109, Act 2331d. Ticket, pass, mileage or commutation-book or coupon, etc., sale of by any but original issuer a misdemeanor, p. llio, § 4S3. CATFISH. See Game Laws. CATS. Ringtail. 8ee Game Laws. Wild. See Game Laws. CATTLE. See Dairies. Brands, registration of, p. 548, Act 184a. Cattle protection board, creation, powers, duties and compensation, p. 548, Act 184a. Inspection of cattle and cattle hides for marks and brands, p. 548, Act 184a. Inspection of cattle slaughtered for food, p. 715, Act 1206. License and inspection fees, collection of, p. 548, Act 184a. License of cattle slaughterers, p. 548, Act 184a. Licensing sellers of meat, p. 548, Act 184a. Penalties for violation of act for protection of, p. 548, Act 184a. Protection fund, creation of, p. 548, Act 184a. I rotection of breeders and growers from theft, p. 548, Act 184a. CAVALRY. See National Guard. CEMETERY. Burial and disentermeiit permits, issuance and registration of, p. 1358, Act 4302. Exhumation and removal of remains, protection of health from in- fection caused by, p. 625, Act 545. Removal of bodies from cemetery of Stockton State Asylum and dis- position of, p. 842, Act 1635b. Undertakers and sextons, duties in relation to registration of deaths, p. 1358, Act 4302. CERTIFICATES. School. See Schools. CHARITIES. Bequests or devises to, restrictions upon, p. 54, § 1313. CHARTERS. Particular cities or counties, of. See particular city or county. CHECKS. Acceptance of discharges drawer and indorsers from liability, p. 98, § 3265d. Assignment, does not operate as, p. 98, § 3265e. Bank not liable until accepted or certified, p. 98, § 3265e.- Bill of exchange, check is, p. 97, § 3265a. Bill of exchange, rules applicable to apply to checks, p. 97, § 3265a. Certification of discharges drawers and indorsers from liability, p. 98, § 3265d. 1414 INDEX. CHECKS (Continued). Certification of equivalent to acceptance, p. 98, § 3265c. Defined, p. 97, § 3265a. Nonpayment of by banlc, damages for, p. 95, § 3320. Presentment for payment, time for, p. 98, § 3265h. CHEESE. Eegulation of production and sale of, p. G17, Act 473. Renovated or imitation, regulation of production and sale of, p. 617, Act 473. CHILDREN". See Infants; Orphan Asylums; Parent and Child. Adoption of. See Adoption. Illegitimate child. See Legitimacy. CHINESE. Separate schools for Chinese children, p. 221, § 1662. CHIROPODISTS. See Medicine. CHURCHES. See Religious, Social and Benevolent Corporations. CITIES. Sec Municipal Corporations. CIVIL SERVICE. See Offices and Officers. Attornej^ general, what appointees of exempted from, p. 165, § 475. Justice's clerk and deputies in cities and counties over four hundred thousand, when civil service laws applicable to, p. 2, § 86. CLAIM AND DELIVERY. Affidavit misstating value does not bind sheriff or deputies, j). 11, § 473. Judgment in action against sheriff or sureties should give real value, p. 11, § 473. Sheriff may show true value in action against him, p. 11, § 473. Undertaking, action on, sureties may show real value, p. 11, § 473. CLAMS, See Game Laws. CLERGYMEN. Witnesses, as, p. 33, § 1881. COCKLES. See Game Laws. COLD STORAGE. Regulation of refrigerating warehouses, p. 626, Act 624. Regulation of sale of food kept in, p. 626, Act 624. State board of health, duties of in relation to food kept in, p. 626, Act 624. COLLECTOR. \\'lii) deemed to be a collectoi- within statute [lunishlng embezzle- ment, p. 106, § 506a. COLLEGES. Particular college. See part irnlai' title. COMMISSIONER OF CORPORATIONS. See Corporations. COMMISSIONER OF LABOR. Sec r,abor Commissioner. INDEX. 1415 COMMON CARRIERS. Automobiles, regulation of carrying of persons or property for hire by, p. 1109, Act 2331d. Carriers of passengers. Sec Carriers of Passengers. Railroads. See Railroads. COMMUNITY PROPERTY. See Husband and Wife. Disposition of in action for maintenance without divorce, p. 37, § 137. COMMUTATION-BOOKS. See Carriers of Passengers. CONGRESS. See United States Senate. CONSERVATION DISTRICTS. Act relating to, p. 923, Act 17321, § 6b. CONSIDERATION. Negotiable instrument, for. See Negotiable Instruments. Negotiable instrument, presumption as to consideration of, p. 65, § 3105. See Negotiable Instruments. CONSTABLES. Limitation of actions against, p. 10, § 339. CONSTRUCTION. Negotiable instruments, of, p. 63, § 309S. CONTAGIOUS DISEASES. See Public Health. CONTAINERS. Net container act relating to goods sold in, p. 1135, Act 2453. CONTRA COSTA COUNTY. Assessor, deputies, number, appointment and salaries, p. 416, § 4245, subd. 9. Assessor, no compensation for collection of personal property taxes, p. 416, § 4245, subd. 9. Assessor, no compensation for collecting poll taxes or making out military-roll, p. 416, § 4245, subd. 9. Assessor, salary of, p. 416, § 4245, subd. 9. Auditor, deputies and clerks, appointment and salaries, p. 416, § 4245, subd. 4. Auditor, salary of, p. 416, § 4245, subd. 4. Bonds of officers and deputies, cost of, a county charge, p. 416, § 4245, subd. 21. Constables, determination of population of townships for purpose of fixing salaries, p. 416, § 4245, subd. L5. Constables, salaries, expenses and fees of, p. 416, § 4245, subd. 14. Coroner, fees of, p. 416, § 4245, subd. 10. Coroner, stenographer, appointment and salary, p. 416, § 4245, subd. 10. Coroner, subpoenas and process issued by, service of and fees for, p. 416, § 4245, subd. 10. County clerk, clerks, deputies and assistants, number, enumeration of, appointment and salaries, p. 416, § 4245, subd. 1. County clerk, salary and allowances, p. 416, § 4245, subd. 1. District attornev, deputies and stenographer, appointment and salary, p. 416, § 4245, subd. 7. District attorney, salary, p. 416, § 4245, subd. 7. District attorney, mileage and expenses of, p. 416, § 4245, subd. 7. 1416 INDEX. CONTRA COSTA COUNTY (Continued). Expenses and mileage of officers, allowance of, p. 416, § 4245, subd. 22. Justices, allowance for office expenses, p. 416, § 4245, subd. 13. Justices, fines and fees, payment of into treasury monthly, and report of, p. 416, § 4245, subd. 13. Justices, salaries, p. 416, § 4245, subd. 13. Population of townships, fixing of by superyisors, p. 416, § 4245, subd. 15. Probation officer and assistants and salaries of, p. 955, Act 19e. Public administrator, fees of, p. 416, § 4245, subd. 11. Recorder, deputy, appointment and salary, p. 416, § 4245, subd. 3. Recorder, salary and allowances of, p. 416, § 4245, subd. 3. Sheriff, allowance for feeding- of prisoners, p. 416, § 4245, subd. 2. Sheriff, deputies, cderks, and employees, salaries of, p. 416, § 4245, subd. 2. Sheriff, salary, mileage, expenses and fees, p. 416, § 4245, subd. 2. Superintendent of schools, deputies, appointment and salaries, p. 416, § 4245, subd. 8. Superintendent of schools, salary and expenses, p. 416, § 4245, subd. 8. Superyisors, fixing of population of townships by, p. 416, § 4245, subd. 15. Supervisors, salaries and mileage as supervisor, member of board of equalization and road commissioner, p. 416, § 4245, subd. 16. Surveyor, assistants, number, appointment and salaries, p. 416, § 4245, subd. 12. Surveyor, salary and expenses of, p. 416, § 4245, subd. 12. Tax collector and license collector, salary, p. 416, § 4245, subd. 6. Tax collector, deputj^ and copyists, appointment and salaries, p. 416, § 4245, subd. 6. " Treasurer, bond of, p. 416, § 4245, subd. 5. Treasurer, bond of, cost of premium a county charge, p. 416, § 4245, subd. 5. Treasurer, bond of to be executed by surety company, p. 416, § 4245, subd. 5. Treasurer, clerk, appointment and salary, p. 416, § 4245, subd. 5. Treasurer, salary of, p. 416, § 4245, subd. 5. CONTRACTS. Limitation of actions upon, p. 9, § 337; p. 10, § 339. CONTROL. 1-loard of. See Board of Control. CONTROLLER. Action bv to recover lax on failure to pay by corjioration, p. 330, § 366'9c. Auditor to iiotif'v of aniount of taxes charged to tax collector, p. 342, §3734. • 'Icrk of Hujiervisors to transmit staten)ent of tax rate to, p. 342, S 371 4 M, i)clin(iiicnt c(ir|i(ir;iti(iiis, duty in case of, p. 330, § 3669c. Dcjiulies, clerks and assistants of enumerated, p. 162, § 439. Inheritance tax department, maintenance of by, p. 163, §445. See 'I'axation, JnluM'itancc lax dejiart menl. Sec Taxaliiiii. Notice to of proceedings in administration of estate, p. 26, § 1380. INDEX. 1417 CONTROLLER (Continued). Paynii-nt by to cities, counties or cities and counties of taxes neces- sary to pay bonded indebtedness, p. 3:57, § 367Ub; p. 338, § 3670c. Request to executor for information as to administration of estate, p. 20, § 1380. Salaries of deputies and assistants, p. 1(33, § 440. CONVICTS. Asexualization of, provision for, p. .558, Act 248. Pardons. See Pardons. COONS. See Game Laws. COOTS. See Game Laws. CORONER. Contagious diseases, to report to state board of health, p. 278, § 2979a. Deputy, acts as coroner in absence or inability of coroner to attend, p. 349, § 4147a. Deputy, duties and obligations of, p. 349, § 4147a. Disposition of monev or property of deceased person, p. 348, §4146; p. 349, § 4146a. Disposition of moneys received from by treasurer, p. 348, § 4115. Duties in relation to registration of deaths, p. 1358, Act 4302. Limitation of actions against, p. 10, § 339. CORPORATIONS. Articles of incorporation, amendment of, certificate of approval by superintendent of banks, p. 41, § 290a. Assignment or indorsement of negotiable instrument bv, effect of, p. 64, § 3103. Blue sky law of 1917, p. 881, Act 1700. Banks. See Banks. Building and loan associations. See Building and Loan Associations. Commissioner of corporations, creation of office, p. 881, Act 1700. Commissioner of corporations, fees of, p. 881, Act 1700. Commissioner of corporations, powers, duties and compensation of, p. 881, Act 1700. Commissioner of corporations, provision relating to, p. 881, Act 1700. Commissioner of corporations, office and assistants of, p. 881, Act 1700. Corporate securities act of 1917, p. 881, Act 1700. Change of place of business, procedure, p. 41, § 309. Change of place of business where no capital stock, procedure, p. 42, §321a. Debts creating beyond subscribed capital stock, p. 41, § 309. Delinquent, action b}^ controller to recover tax, p. 330, § 3669c. Delinquent, dutv of controller, p. 330, § 3669c. Delinquent, lists of, p. 330, § 3669c. Directors, change of iiumber of, right of and procedure, p. 45, § 361. Directors, change of number of where no capital stock, right of and procedure, p. 45, § 361. Directors, liability for making unlawful dividends, creating excessive debts or dividing stock, p. 41, § 309. Directors, officers, superintendent or manager, examination of by ad- verse party, rules as to, p. 35, § 2055. Dissolution, directors, powers, duties and liabilities on, p. 46, § 400. Dissolution, directors to be trustees for creditors, p. 46, § 400. 1418 INDEX. CORPORATIONS (Continued). Dissolution, directors, vacancy, what constitutes and how filled, p. 46, §400. Dividends, making except from surplus profits, provision relating to, p. 41, § 309. Executor, guardian or trustee, amendment of articles by corporation authorized to act as, approval of superintendent of banks, p. 41, § 290a. Foreign, designating person upon whom process may be served, p. 631, Act 756. Foreign, liability of stockholders in, p. 43, § 322. Foreign, repeal of provisions of code relating to, p. 47, §§ 405, 406, 408, 409, 410. Foreign, terms and conditions of doing business in this state, p. 631, Act 756. Franchise tax. See Franchises; State Board of Equalization. Franchises, taxation of. See State Board of Equalization. Franchise tax, failure to pay, forfeiture of rights and revivor of, p. 330, § 3669c; p. 333, § 3669d. Franchise tax for state purposes on. See State Board of Equaliza- tion. Franchise tax on, dissolution of not to be granted until tax paid, p. 327, § 3668c. Franchise tax upon, not to be discharged in bankruptcy until tax paid, p. 327, § 366Sc. Industrial loan companies, incorporation, powers and supervision of, p. 640, Act 777. Insurance corporations. See Insurance Companies. License tax exemption board, who constitute and proceedings before, p. 631, Act 756. License tax, exemption from, p. 631, Act 756. License tax, failure to pay, forfeiture and restoration, p. 631, Act 756. License tax, forfeiture for failure to pay, directors, powers, duties and liability, p. 46, § 400. License tax, forfeiture for failure to pay, directors, vacancy, what constitutes and how filled, p. 46, § 400. License tax upon, p. 631, Act 756. Limited liability corporations, formation of, p. 43, § 322. Limitation of action to invalidate action of trustees of dissolved corporation, p. 10, § 341. Limitation of action to recover stock sold for delinquent assessment, p. 10, §341. Members of corporation without capital stock, liability of, for debts p. 43, §322. Records, ayes and noes, taking and recording of, p. 45, § 377. Records, how kept and what to embrace, p. 45, § 377. Records, inspection of by legislative commission, board or officer, right of, p. 45, § 377. Records, inspection of, refusal of right to stockholder with hostile intent, p. 45, § 377. Records, protest of director, m(>Mi])er or stockholder, entering of, p. 45, § 377. Records, right of inspection by stockholders, generally, p. 45, § 377. Records, stock and transf(;r Ijook, duty to keep and what to show, p. 46, § 378. INDEX. 1419 CORPORATIONS (Continued). Records, stock and transfer book, right of inspection of, p. 46, § 378. Records, wliat to be kept, p. 45, § 377. Religious, social and benevolent associations. See Religious, Social and Benevolent Associations. Reports as to state board of equalization by secretary of state p. 320, § 3C66C. Shares of stock have no intrinsic value over actual value of corpo- rate property, p. 306, § 3608. State corporation department, creation of, p. 881, Act 1700. Stock and transfer book, duty to keep and what to show, p. 46, § 378. Stock and transfer book, right of inspection of, p. 46, § 378. Stock, dividing, withdrawing or paying to stockholders, p. 41, § 309. Stock, division or distribution of after debts paid or after dissolu- tion or after term expired, p. 41, § 309. Stockholders, creditors may bring joint and several actions, p. 43, §322. Stockholders in corporations using word "limited," liability of, p. 43, §322. Stockholder in corporation using name "limited" paying debts, rights of, p. 43, § 322. Stockholders in foreign corporations, liability of, p. 43, § 322. Stockholders, liability of, effect of transfer of stock, p. 43, § 322. Stockholders, liability of for debts, p. 43, § 322. Stockholders of bank or trust company, liability, insolvency of cor- poration does not affect, p. 11, § 348. Stockholders, who liable as in action by creditors, p. 43, § 322. Stock in not taxable, p. 306, § 3608. Stock without a nominal or par value, issuance of, act relating to, p. 627, Act 755. Stock without a nominal or par value, issuance of by public utility corporations, p. 629, Act 755a. Taxation of. See Taxation. Trust funds invested in stock, liability for debts, p. 43, § 322. COSTS. Partial distribution of estate, on proceedings for-, p. 31, § 1663. Partial distribution of estate, costs in case partition necessary, p. 31, § 1663. COTENANCY. Death of joint tenant, proceedings for termination of interest, p. 32, § 1723. Partition. See Partition. COTTON-TAIL RABBIT. See Game Laws. COUG-ARS. See Game Laws. COUNSEL OF DEFENSE. State. See War. COUNTIES. First class. See Los Angeles County. Second class. See San Francisco. Third class. See Alameda County. Fourth class. See Santa Clara County. Fifth class. See Fresno County. 1420 INDEX. COUNTIES (Continued). Sixth class. See Sacramento County. Seventh class. See San Diego County. Eighth class. See San Bernardino County. Ninth class. See San Joaquin County. Tenth class. See Sonoma County. Eleventh class. See Kern County. Twelfth class. See Tulare County. Thirteenth class. See Riverside County. Fourteenth class. See Orange County. Fifteenth class. See Humboldt County. Sixteenth class. See Contra Costa County. Seventeenth class. See Santa Barbara County. Eighteenth class. See Solano County. Nineteenth class. Sec Butte County. Twentieth class. See San Mateo County. Twent}^ first class. See Santa Cruz County. Twenty-second class. See Marin County. Twenty-third class. See Monterey County. Twenty-fourth class. See Mendocino County. Twenty-fifth class. See Stanislaus County. Twenty-sixth class. See Napa County. Twentj'-seventh class. See San Luis Obispo County. Twenty-eighth class. See Shasta County. Twenty-ninth class. See Siskiyou County. Thirtieth class. See Ventura County. Thirty-first class. See Placer County. Thirty-second class. See Kings County. Thirty-third class. See Merced County. Thirty-fourth class. See Nevada County. Thirty-fifth class. See Yolo County. Thirty-sixth class. See Imperial County. Thirty-seventh class. See Tehama County. Thirty-eighth class. See Yuba County. Thirty-ninth class. See Tuolumne County. Fortieth class. See Calaveras County. Forty-first class. See Amador County. Forty-second class. See Madera County. Forty-third class. See San Benito County. Forty-fourth class. See Colusa County. Forty-fifth class. See El Dorado County. Forty-sixth class. See Glenn County. Forty-seventh class. See Inyo County. Forty-eighth class. See Sutter County. Forty-ninth class. See Modoc County. Fiftieth class. See Lake County. Fifty-first class. See Plumas County. Fifty-second class. See Lassen County. Fifty-third class. See Sierra County. I'ifty-foartli class. See Mariposa County. Fifty-fifth class. See Trinity County. Kifty-sixtli class. See Del Norte County. Kifty-seventh class. See Mono County. Fifty-eighth class. See Alpine County. .\c(|uiriiig lands i)y for army camps and convcyiiig to riiit('<| States, p. ar.i, Act Hoij. INDEX. 1421 COUNTIES (Continued). Automobiles, regulation of carrying of persons or property for hire by, p. 1109, Act 2331d. Bonded indebtedness, payment to counties by controller of taxes necessary to pay bonded indebtedness, p. 337, § 3670b; p. 338, § 3670c. Boundaries, county. See County Boundaries. Officers, resignations, how and to whom made, p. 180, § 995. Paupers, maintenance of, duty of supervisors, p. 1140, Act 2631. Eeimbursement of districts in counties for losses from separation of state and county taxes, p. 340, § 3671b. Eeimbursement of for loss of railroad taxes on separation of state and county taxes, p. 339, § 3671. Tax rate. See Taxation. COUNTY BOARDS OF EDUCATION. See Schools. COUNTY BOUNDARIES. Kern and San Bernardino, between, p. 646, Act 826b. Lake and Mendocino, between, p. 646, Act 826c. Mendocino and Sonoma, between, p. 646, Act 826a. COUNTY FIRE INSURANCE COMPANIES. See Insurance Companies. COUNTY HORTICULTURAL COMMISSIONER. See State Board of Horticultural Examiners. Appointee of state board of horticultural examiners, supervisors to provide for compensation and expenses, p. 262, § 2322. Appointment by state board of horticultural examiners, consulting resident horticulturalists in making, p. 262, § 2322. Appointment of, failure or refusal of supervisors to make, state board of horticultural examiners to make, p. 262, § 2322. Appointment of from list of eligibles named by state commissioner of horticulture, p. 262, § 2322. County board ceases to exist on provision for county horticultural commissioner, p. 262, § 2322. Disqualifying by state board of* horticultural examiners on petition of freeholders, p. 262, § 2322. Duties of, p. 265, § 2322a. Duty on discovery of plant disease or pest, p. 260, § 2319d. Duty to advise himself as to plant diseases, insects, pests, et;c., p. 268, § 2322e. Existing boards continue to exist until appointment of county horti- cultural commissioner, ]). 262, § 2322. Expenses, allowance and payment of, p. 262, § 2322. Expiration of office, submitting new list of eligibles by state board of horticultural examiners, p. 262, § 2322. Fumigators and spravers, rules and regulations governing, p. 265, § 2322a. Infected shipments declared a public nuisance, p. 270, § 2322h. Infected shipments, proceedings in case of, p. 270, § 2322h. Infectious diseases or pests on public property", cost of eradication a public charge, p. 265, § 2322a. Manifests showing contents of shipments and locality where grown, p. 269, § 2322g. Marking of shipments into state of nurserv stock, plants, etc., p. 269, § 2322g. 1422 INDEX. COUNTY HORTICULTURAL COMMISSIONER (Continued). Meetings of liorticultural commissioners, compensation and expense while attending, p. 268, § 2322e. Meetings of horticultural commissioners, duty to attend, p. 268, § 2322c. Notice to owners of infected or infested districts to eradicate or destroy, p. 265, § 2322a. Notice of infected district, service of in case of public property, p. 265, § 2322a. Notice of infected district, service where owner a nonresident or cannot be found, p. 265, § 2322a. Notice of infected district, service where property encumbered, p. 265, § 2322a. Offices, furniture, supplies and field equipment, p. 262, § 2322. Penalty for violation of act, p. 271, § 2322j. Petition for appointment of by horticulturalists and duty of super- visors on receiving, p. 262, § 2322. Public nuisances, expenses of abating a county charge and paid out of general funds, p. 265, § 2322a. Public nuisance, expense of abating a lien against owner, p. 265, § 2322a. Public nuisance, expense of abating, lien for, foreclosure and dis- tribution of proceeds, p. 265, § 2322a. Public nuisance, expense of abating, lien for, how enforced, p. 265, § 2322a. Public nuisance, may abate summarily, p. 265, § 2322a. Public nuisances, places infested or where noxious wee Is are grow- ing declared to be, p. 265, § 2322a. Public nuisance, places infested with gophers or squirrels or other predatory anirfials, p. 265, § 2322a. Public nuisance, places infested with gophers or squirrels, abate- ment of, p. 265, § 2322a. Public nuisances, to abate, p. 265, § 2322a. Qualifications of, p. 262, § 2322. Quarantine guardians, as, issuing commissions to by state horticul- tural commissioner, p. 58, § 2319. Eecord of proceedings, p. 268, § 2322c. Eeferences to county boards of horticultural commissioners mean county horticultural commissioner, p. 262, § 2322. Report, annual, to state commissioner in horticulture, p. 268, § 2322c Salaries and expenses of commissioner, deputies or inspectors, p. 269, § 2322d. Term of office, p. 262, § 2322. Vacancies in office, filling of, p. 262, § 2322. COUNTY TREASURER. See Treasurer, County. COUNTY WATER DISTRICTS. See Water Districts. COURT-MARTIAL. Rer National Guard. COURTS. District courts of apfx-al. See District Courts of Appeal. .Tuvcnilo court. Sec? Juvenile Court. Military. See National Guard. Police. See Police Courts. Sale or morlgage by order of, change of possession not necessary, p. 100, § 3440. INDEX. 1 42:{ CRABS. Sec Game Laws. CRAPPIE. See Game Laws. CRANE. See Game Laws. CRIMINAL LAW. Bureau of criminal identification. Sec Bureau of Ciiiniual FiUmi- titication. Deadly weapons. See Deadly Weapons. Juvenile court law. See Juvenile Court Law. Pardons. See Pardons. Whittier State School. See Whittier State School. CROAKER. See Game Laws. CROPS. See Growing Crops. CIROSS-EXAMINATION. Witnesses, of. See Witnesses. CURLEWS. See Game Laws. CURATIVE ACTS. Deeds referring to defective maps validated, p. 98.3, Act 2066. Defects in maps filed before January 1, 1917, validated, p. 983, Act 2066. DAIRIES. Butter. See Butter. Cheese. See Cheese. Deception and fraud in production and sale of dairy products, pre- vention of, p. 617, Act 473. Manufacture and sale of dairy products from unhealthy animals, pre- vention of, p. 617, Act 473. Milk. See Milk. DAMAGES. Check, nonpayment of by bank, damages for, p. 99, § 3320. DAMS. Department of engineering given authority over, p. 1246, Act 3818b. Fishways around or over, provision for, p. 140, § 637. Fishways or fish ladders, proceedings where dam too high for, p. 140, § 637. Hatchery in lieu of fishways or ladders, p. 140, § 637. Ladders over for fish, provision relating to, p. 140, § 637. Regulation of construction of, p. 1246, Act 3818b. DATE. Negotiable instrument, of. See Negotiable Instruments. DAYS OF GRACE. Not allowed, p. 77, § 3166. DEADLY WEAPONS. Act regulating carrying, possession, sale or disposition of, p. 651, Act 889. 1424 INDEX. DEADLY WEAPONS (Continued). Carrying or possession of in cities prohibited, p. 651, Act 889. Destruction of as nuisances, p. 651, Act 889. Eegistering of sales of, provision for, p. 651, Act 889. Use of against another a felony, p. 651, Act 889. DEAF AND BLIND. California school for, improvements of grounds at Berkeley, p. 655, Act 895b. DEATH. See Vital Statistics. Action for as consent to physician or surgeon testifying, p. 33, § 1881. DEBTOR AND CREDITOR. Change of possession not necessary on transfer of exempt property, p. 100, § 3440. Sale of stock in trade, recording notice of, p. 100, § 3440. Transfer of personalty without change of possession presumed fraud- ulent, p. 100, § 3440. DEEDS. Alienation, power of, how long may be suspended, p. 53, § 715. ' Community property, deed bv husband alone, presumption of validity of, p. '38, § 172a. Comn'iunity property, limitation of action to recover after deed by husband alone, p. 38, § 172a. Community property, wife must join in conveyance of, p. 38, § 172a. Deeds referring to clefective maps validated, p. 983, Act 2066. Tax. See Taxation. DEEDS OF TRUST. See Trust Deeds. DEER. See Game Laws. DE FACTO OFFICERS. See Officers. DEFAULT. Relief against, application to be accompanied by answer, p. 11, § 473. Relief against, grounds for, p. 11, § 473. Relief against, power of court as to, p. 11, § 473. Relief against, time for ajiplication for, p. 11, § 473. DEFENSE. Stat(> ('oniicil of. See War. DEFENSE GUARD. 'rcatidii, ciiiitrdl, compensation and duties, ]i. 1060, Act 2203. DEFINITIONS. See Words and Phrases. .Vcceptance, p. 98, § 3266. Acceptance, general, of bill of exchange, ]). 88, § 3220. Acceptance of bill of exchange, ]>. 87, § 3213. Acceptance, (pialifiefl, of bill of exchange, ]). 88, § 3220. .Accoinmodation i)artv to negotialjle instrument, )). 65, § 3110. Action, p. 98, § ;'.2(;().' Agent, p. 106, § 5()6a. Bank, p. 98, § 3266. Hearer, p. 98, § 3266. Hill, p. 98, § 3266. IJiil of exchange, p. 86, § 3207. INDEX. 1425 DEFINITIONS (Continued). Bill of exchange, foreign, p. 86, §3210. Bill of exchange, inland, p. 80, § 3210. Checks, p. 97, § oL'G.ja. Collector, p. 106, § 506a. Delivery, p. 98, § 3266. Ferry, p. 308, § 3643. Grand jury, p. 5, § 192. Gross receipts from operation, p. 313, § 366oa. Holder, p. 98, § 3266. Holder in due course, p. 70, § 3133. Indorsement, p. 98, § 3266. Indorsement, blank, p. 67, § 3115. Indorsement, special, p. 67, § 3115. Instrument, p. 98, § 3266. Issue, p. 98, § 3266. Jury, p. 5, § 190. Mutual water company, p. 952, Act 1732k. Operative property, p. 314, § 3665b. Person, p. 98, § 3266. Private irrigation plant, p. 952, Act 1732k. Promissory note, p. 97, § 3265. Eeal estate agents, brokers, salesmen, of, i"). 539, Act 60. Salmon, p. 136, § 634, subd. 12. Spike buck, p. 112, § 626e. Subsidiary companies, p. 316, § 3665c. Trial jury, p. 6, § 193^ Value, p. 98, § 3266. Writing, p. 98, § 3266. Written, p. 98, § 3266. DELINQUENCY. See Franchises; Taxation. Corporation failiijig to pay franchise tax, forfeiture and revivor, p. 330, § 3669c; p. 333, § 3669d. DELIVERY. Meaning of, p. 98, § 3266. Negotiable instrument, of. See jSTegotiable Instruments. DEL NORTE COUNTY, Assessor, salary of, p. 519, § 4285, subd. 7. Auditor, salary of, p. 519, § 4285, subd. 4. Constables, fees of, p. 519, § 4285, subd. 14. Coroner, fees of, p. 519, § 4285, subd. 9. County clerk, deputy, appointment and salary, p. 519, § 4285, subd. 1. County clerk, salary and allowances of, p. 519, § 4285, subd. 1. District attorney, salary and fees of, p. 519, § 4285, subd. 8. Jurors, grand, fees and mileage, p. 519, § 4285, subd. 17. Jurors, trial, fees and mileage, p. 519, § 4285, subd. 17. Justices, classification of townships for purpose of fixing salaries, p. 519, §4285, subd. 13. Justices, fees received by to be paid into treasury, p. 519, §4285, subd. 13. Justices, salaries of and how paid, p. 519, § 4285, subd. 13. Justices, supervisors to furnish codes, legal blanks, stationery, etc., to, p. 519, § 4285, subd. 13. 90 1426 INDEX. DEL NORTE COUNTY (Continued). Official reporter, salary and fees of, p. 519, § 42S5, subd. 16. Public administrator, fees of, p. 519, § 4285, subd. 10. Recorder, copyist, appointment and salary of, p. 519, § 4285, subd. 3. Recorder, salary of, p. 519, § 4285, subd. 3. Sheriff, jailer, appointment and salary of, p. 519, § 4285, subd. 2. Sheriff, salary of, p. 519, § 4285, subd". 2. Superintendent of schools, salary of, p. 519, § 4285, subd. 11. Supervisors, salary and mileage of, p. 519, § 4285, subd. 15. Surveyor, fees of, p. 519, § 4285, subd. 12. Tax collector, salary of, p. 519, § 4285, subd. 6. Treasurer, salary of, p. 519, § 4285, subd. 5. DEMAND. See Bills and Notes. DEMURRER. Time for, power of court to enlarge, p. 11, § 473. DEPARTMENT OF ENGINEERING. See State Engineering. DEPARTMENT OF PUBLIC ACCOUNTING. Under board of control. See Board of Control. DEPOSITIONS. Militarv courts may issue commissions to take testimony, p. 247, § 2023. Out of state, application for, notice of, p. 35, § 2024. Out of state, application for, who may make, p. 35, § 2024. Out of state, commission, certificate to when issued by justice, p. 35, § 2024. Out of state, commission to take, how issued, p. 35, § 2024. Out of state, commission to take, to whom directed, p. 35, § 2024. Out of state, how taken, p. 35, § 2024. Out of state, notice of taking, time of, p. 35, § 2024. DESCENT. Escheat. See Escheat. DEVISES. See Estates of Decedents; Wills. DINING-CAR COMPANIES. Franchise tax for state purposes on. Sec State Board of Equaliza- tion, DIPLOMAS. See Schools. Noniial school, revocation of, grounds for, p. 190, § 1489, subd. IL. School. See Schools. DIRECT LEGISLATION. See Initiative; Referendum. DIRECTORS. Sec Corporations. Banks, of. See Banks and Banking. DISEASE. See Public Health. • • „„ i'li.nt. See County Horticultural Comu.issioners; State Commissioner of Horticulture. ^^^\?^,?i^i.lc iustrumcnts, of. Sec Negotiable Instruments. DISINTERMENTS. Sec Cemeteries. INDEX. 1427 DISMISSAL. Accusation or information, dismissal of where terms of probation fulfilled, p. 151, § 1203, subd. e. DISSOLUTION. Corporation, of. Sec Corporations. DISTRICT ATTORNEY. Disqualification of, attorney general may appoint special counsel to act, p. 164, § 472. Disqualification of, fee of attorney appointed to act for a charge against state, p. 164, § 472. DISTRICT COURTS OF APPEAL. Examination of applicants for admission to bar by judges of, p. 9, § 276. Phonographic reporters, number, appointment, qualifications, duties and salaries, p. 179, § 759. DITCHES. Assessment of water ditches, p. 309, § 3663. Screens before to protect fish, provision relating to, p. 123, § 629. DIVIDENDS. See Corporations. DIVORCE. Alimony, allowance of pending divorce, p. 37, § 137. Maintenance, action by wife for, without divorce. See Husband and Wife. DOCTORS. See Medicine. DOMICILE. See Kesidence. DOVE. See Game Laws. DRAFTS. See Negotiable Instruments. DRAINAGE. See Levee Districts; Eeclamation Districts. Act of 1S85 for promotion of, amendment of 1917, p. 659, Act 985. Drainage district number one, Butte county, work in validated and assessment autflorized, p. 659, Act 988a. Drainage improvement district number one, Merced county, bound- aries of, p. 656, Act 976. Drainage improvement district number one, Merced county, validat- ing formation and organization of, p. 656, Act 976. Drainage improvement district number two, Merced county, boundaries of, p. 657, Act 976a. Drainage improvement district number two, Merced county, valida- tion of organization and formation of, p. 657, Act 976a. Knight's Landing drainage district, act relating to, p. 658, Act 977. Los Angeles county drainage district improvement number 1, vali- dation of formation and organization, p. 660, Act 988b. Los Angeles County Drainage District Improvement No. 1, formation of validated, p. 899, Act 1725m. Protection districts. See Protection Districts. Reclamation districts. See Eeclamation Districts. DRAWERS. See Negotiable Instruments. 1-1:28 INDEX, DRAWING-ROOM CAR COMPANIES. Franchise tax for state jHirposes on. See State Board of Equaliza- tion. DRINKING CUPS. Use of common drinking cups forbidden, p. 1164, Act 2844e. DRUGLESS PRACTITIONERS. See Medicine. DRUGS. Adulterated or mislabeled, manufacture, sale or transportation, of, prevention of, p. 531, Act 29. State laboratory for, establishment of, p. 531, Act 29. DUCKS. See Game Laws. DWELLINGS, fe'ee Buildings. E EDUCATION. See Schools. University of California. See University of California. EELS. See Game Laws. EGGS. Eegulation of sale of where in transit more than thirtv-one days, p. 661, Act 991a. EIGHT-HOUR LAW. Women employees, for, p. 839, Act 1537. ELECTIONS. Great register, meaning of, p. 181, § 1094. Landlord or lodging-house keepers, lists of lodgers b}', p. 181, § 1094. Xomination of candidates other than by primary election, p. 188, § 1188. Nomination papers, when must be filed, p. 189, § 1192. Party affiliation, elector stating cannot vote for other party or dele- gates, p. 183, § 1096a. Party affiliation, statement of. See post, Eegistration, this title. Primary election law of 1913 and amendments of 1917, p. 662, Act loio. Primary election law of 1913, amendments of 1916 repealed at ref- erendum, p. 662, Act 1010. Primary election law of 191." re])ealed at roferoiidum. p. 662, Act 1010. Register, meaning of, p. LSI, § 1L)9-1. Registration, absence of elector, proceedings in case of, p. 184, § 1097. Registration, affidavit, duty of clerk in preparing, p. 184, § 1097. Registration, affidavit, facts to be stated in, p. 184, § 1097. Ifegistration, affidavit, form of, p. 184, § 1097. Registration, affidavit to be made before wliat oflicer, ]i. 1S4, § 1097. Registration, affidavit, what facts to be set forth in, p. 184, S 1097. Registration, affidavits, wliat to show, p. 182, § 1096. Registration, foreign-born jiersons, of, p. 184, § 1097. Kcgistration, name, ])rocee(lings on change of, p. 184, § 1097. J{egis(ration, party adijiation, I'hanging, procedure, p. 183, § 1096a. INDEX. 1429 ELECTIONS (Continued). Eegistration, party atiiliation, decHiiiiig to state, procedure, p. 183, § 1096a. Eegistration, party affiliatiou, statement of, p. 182, § 1096, subd. 7; p. 183, § 1096a. Registration, i>rovision relating to, p. 181, § 1094. Registration, qualifications for, p. 182, § 1096. Registration to be by affidavit, p. 184, § 1097. Registration-books, furnishing to candidates and fee for and dis- position of fees, p. 188, § 1115. Registration-books, indexing, binding, printing and distribution of, p. 188, § 1115. School district, annexation of territory on formation of cit}', effect on elections, p. 206, § 1576. ELECTORS. Presidential. See Presidential Electors. ELECTRICITY. See Electricity Corporations. Electricity, meter for measuring, injuring, altering or tampering with, p. 106, § 499a. Meters, injuring, altering or tampering with a misdemeanor, p. 106, § 499a. Subways, manholes, underground mains containing wires, etc., regu- lation of and punishment for violation of, p. 699, Act 1025. Stealing of a misdemeanor, p. 106, § 499a. ELECTRICITY CORPORATIONS. See Electricity. Franchise tax for state purposes on. See State Board of Equaliza- tion. ELEVATORS. Fees for permits to operate, p. 700, Act 1025b. Industrial accident commission to have power of inspection, p. 700, Act 1025b. Injunction against operation where dangerous, p. 700, Act 1025b. Inspectors, competency and reports of, p. 700, Act 1025b. Periodical inspection of, provision for, p. 700, Act 1025b. Permit, obtaining before operation of, p. 700, Act 1025b. ELK. See Game Laws. EMBEZZLEMENT. Agent, who deemed to be, p. 106, § 506a. Collector, who deemed to be, p. 106, § 506a. Contract of sale, concealment, removal or disposal of property by person holding under an embezzlement, p. 106, § 504a. Leased personal property, disposal, removal or concealment of a mis- demeanor, p. 106, § 504a. EMINENT DOMAIN. Acquiring land by counties for army camps and conveying to United States, p. 643, Act 803. Public uses, what are, p. 21, § 1238. Uses for which right may be exercised, p. 21, § 1238. EMPLOYEES. Sec Master and Servant. 1430 INDEX. EMPLOYEES' LIABILITY AND WORKMEN'S COMPENSATION. Act of 1913, repeal of certain sections of, p. 1039, Act 2144a. Act of 1917 relating to, p. 988, Act 2143c. Beneficiaries of workmen's compensation insurance policies, protec- tion against insolvency of insurance carriers, p. 1036, Act 2143f. Examination of state compensation insurance fund by insurance commissioner authorized, p. 169, § 597. ENCLOSURES. Entering upon without permission to hunt a misdemeanor, p. 110, §602. ENGINEER CORPS. See National Guard. ENGINEERING. State. See State Engineering. ENLISTMENT. See National Guard. EPILEPTICS. See Insane Asylums. ESCAPE. Limitation of actions for, p. 10, § 339. Penalty lor aiding escape trom Tacific Colony for feeble-minded and epileptics, p. 843, Act 1648. State hospital, aiding escape or attempt to escape of inmate from, a misdemeanor, p. 103, § 109a. ESCHEAT. Action for, appearance, failure of heirs to make, effect of, p. 24, § 1269. Action for, commenced by filing petition, p. 24, § 1269. Action for, duty of attorney general to bring, p. 24, § 1269. Action for, failure of heirs to appear and set up claims is sufficient proof in, p. 24, § 1269. Action for, hearing of, p. 24, § 1269. Action for, joinder of actions in, p. 24, § 1269. Action for, joinder of parties in, p. 24, § 1269. Action for, order to show cause, court has complete jurisdictiou on completion of publication of, p. 24, § 1269. Action for, order to show cause, filing of, p. 24, § 1269. Action for, order to show cause, issuance and contents of, p. 24 § 1269. Action for, order to show cause, publication of, p. 24, § 1269. Action for, order to show cause, service of on attorney if adminis- tration instituted, p. 24, § 1269. Action for, petition, contents, p. 24, § 1269. ' Action for, petition in, regarded as information, p. 24, § 1269. Action for, petition, sufficiency of allegations in, p. 24, § 1269. Action for, time for interested party to appear, p. 24, § 1269. Action for, time to liring, p. 24, § 1269. Action for to be brought in Sacramento county, p. 24, § 1269. Claim for escheated estate, payment of bars suit by another claim- ant, p. 26, § 1272a. Claim for escheated estate, person not i)art3' to i>r()ceodings may make within five years, ]). 26, § 1272a. Claim for escheated estate, petition to be filed in Sacramento, p. 26, § 1272a. INDEX. ' 1431 ESCHEAT (Coiitiiuied). Claim for escheated estate, petition, verification of, p. 26, § 1272a. Claim for escheated estate, petition, what to show, p. 26, § 1272a. Claim for escheated estate, presenting claim to board of control in- stead of filing petition, p. 26, § 1272a. Claim for escheated property, within what time to be made, p. 24, § 1269. Distribution of estate to state if persons claiming estate not entitled to succeed, p. 24, § 1269. Distribution of estate to state if persons entitled to succeed fail to appear, p. 24, § 1269. Property escheats, when, p. 5o, § 1405. Eccovery of property escheated to state, p. 55, § 1405. State treasurer to hold property for five years, p. 24, § 1269. Title to escheated projierty vests in state, p. 24, § 1269. ESTATES FOE LIFE. See Life Estates. ESTATES OF DECEDENTS. Administration not commenced within six months, attorney general may direct public administrator to commence, p. 24, § 1269. Administration, summary, when estate does not exceed fifteen hun- dred dollars, p. 30, § 1469. Appeals in, code provisions governing, p. 32, § 1714. Appraisers, appointment of, p. 28, § 1444. Appraisers, appointment of for property in another county, p. 28, § 1444. Appraisers, compensation and expenses of, p. 28, § 1444. Appraisers, duties of, p. 28, § 1444. Appraisers, expenses of, allowance of, p. 28, § 1444. Appraisers, inheritance tax appraiser may be appointed sole ap- praiser, p. 28, § 1444. Appraisers, one to be inheritance tax appraiser, p. 28, § 1444. Appraisers, majority, right of to act, p. 28, § 1444. Appraisers, number of, p. 28, § 1444. Appraisers, to file account of services and disbursements with inven- tory, p. 28, § 1444. Appraisers, when part of estate in another county, p. 28, § 1444. Appraisers, who disqualified to act, p. 28, § 1444. Distribution, partial, costs of partition on, p. 31, § 1663. Distribution, partial, costs on, p. 31, § 1663. Distribution, partial, proceedings for, p. 31, § 1663. Distribution, partial, proceedings where partition necessary, n. 31, §1663. Escheat. See Escheat. Fifteen hundred dollars, estates under, summary administration of, p. 30, § 1469. Homesteads selected before death, liens and encumbrances in, how discharged, p. 31, § 1475. Homestead selected before death, liens and encumbrances on, to be presented and allowed, p. 31, § 1475. Homesteads selected before death, notice to holder of lien against of death, p. 31, § 1475. Homestead selected before death, setting apart of, p. 31, § 1475. Life estates, procj?edings for termination of. See Life Estates. New trials in, code provisions governing, p. 32, § 1714. New trials in, in what cases may be had, p. 32, § 1714. 1432 * INDEX. ESTATES OF DECEDENTS (Continued). Notices to heirs, devisees, legatees or state controller of proceedings in administration of estate, p. 26, § 1380. Bequests for information as to administration, proceedings on filing of, p. 26, § 1380. Bequests for information as to administration, service of anc! pro ceedings on, p. 26, § 1380. Requests for information as to administration, what to state, p. 26 § 1380. Bequests for information as to proceedings, who may file, p. 26 § 1380. Sale or mortgage by executor, change of possession not necessary p. 100, § 3440. Special administrators, powers and duties of, p. 27, § 1415. Summary administration of estate under fifteen hundred dollars p. 30, § 1469. Teachers, deceased annuitant, collection by heirs or guardians of balance due from teachers' pension fund, p. 29, § 1455. EUREKA. Charter of, p. 703, Act 1083. EVIDENCE. Adverse parties as witnesses. See Witnesses. Burden of proof that one is holder in due course, p. 71, § 3140. Burden of proving mistake or want of authority in canceling nego- tiable instruments, p. 85, § 3204. Privileged communications. See Privileged Communications. EXAMINATION. Witnesses, of. See Witnesses. EXECUTIONS. Change of possession not necessary on transfer of exempt property, p. 100, § 3440. EXECUTORS AND ADMINISTRATORS. See Estates of Decedents. Corporations authorized to act as, amendment of articles, approval by superintendent of banks, p. 41, § 290a. Physician, consent to testifying by executor of patient, p. 33, § 1881. Presentment of negotiable instrument to for payment where party dead, p. 76, § 3157. Sale or mortgage liy, i-hango of possession not necessary, p. 100, § 3440. Special administrators, secured claims, payment of by and procedure on securing order, p. 28, § 1418. Special administrators, secured claim, jiayinent of interest on and onler for, p. 28, § 1418. EXEMPTIONS. < haiig<' of possession not necessary on transfer of exempt property, p. 100, §3440. License tax, exemption of lionoiably discharged soldiers, sailors and marines from, j). 280, § 3366. License lax, from, p. 631, Act 756. EXPERTS. Ciand jury, cm iiloymcnl of liy, \>. 117, §928. INDEX. 1 4;}3 EXPLOSIVES. Burglary with. See Burglary. Transportation, storage and selling of, regulation of, p. 70.'), Aot 1092. EXPOSITIONS. • Panama-California International Exposition, San Diego, use of Bal- boa Park granted for, p. 706, Act 1093a. EXPRESS COMPANIES. Franchise tax for state purposes on. See State Board of Equal- ization. F FACTORIES. See Manufacturers. FAHEY. Patent to heirs of P. W. Fahey for certain swamp and overflowed lands, issuance of authorized, p. 1166, Act 2867b. FAIRS. Expositions. See Expositions. FALSE REPRESENTATIONS. Sales, in. See Sales. FARMERS. See State Land Settlement Bo ird. Land colonization and rural credits act of 1915, repeal of, p. 545. Act 78d. Land colonization and rural credits repeal of act of 1915 relating to, p. 545, Act 78d. FAWN, SPOTTED. See Game Laws. FEATHER RIVER. Improving navigability of and acquiring land for, p. 1246, Act 3818b. Navigation of, improvement of and appropriation for, p. 1246, Act 3818b. Rectifying and improving channel of, p. 1246, Act 3818b. FEDERAL COURTS. .Tudgments of. See Judgments. FEEBLE-MINDED. See Insane Asylums; Home for Feeble-minded. Asexualization of, provision for, p. 558, Act. 248. FEES. Commissioner of corporations, of, p. 881, Act 1700. Elevators, for permission to operate, p. 700, Act 1025b. Hunting licenses, for, p. 751, Act 1297. Inspection of animals slaughtered for food, for, p. 715, Act 1206. Jurors, grand and trial, of, p. 707, Act 1119. Justice's clerk, of. See Justice's Clerk. Justices, fees collected bv, report of and pavnient into treasury. p. 2, § 103. Life diploma, for, and disposition of, p. 194, § 1519a. • Particular officer, of. See particular title. Steam boilers, for inspection of. p. 1269, Act 3890. 143-i INDEX, FELONIES. Banks, directors, officers or employees failing to make new entries, p. 109, § 563a. Banks, director, officer or employee making false or untrue entries, p. 109, § 563a. Banks, officer or employee abstracting or misappropriating funds, p. 108, § 561a. Banks, officers or employees of overdrawing accounts, p. 107, § 561. Banks, officers or emploj'ees receiving gratuity or reward for pro- curing loan or accommodation, p. 107, § 561. Banks, officers or employees receiving reward for permitting depos- itor to withdraw account, p. 107, § 561. Burglary with explosives, p. 105, § 464. Deadly weapons, use of against another, p. 651, Act 889. Elk, killing of, p. 110, § 599f. Parent omitting to provide for child, p. 103, § 270. FEliTON. Repeal of act incorporating, p. 708, Act 1129. FEMALES. Eight-hour law for women employees, p. 839, Act 1537. FENCES. Opening or tearing down a misdemeanor, p. 110, § 602. FEEPvIES. Defined, p. 308, § 3643. Where assessed, p. 308, § 3643. FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Harbor commissioners of San Francisco authorized to pay claim of, p. 763, Act 1439b. FINES. Courts-martial, imposed by, collection and disposition of, p. 24S, § 2026. Probationary treatment on judgment to pay fine, p. 150, § 1203, subd. b. FIRE. See Burnt or Destroyed Records or Documents. Explosives. See Explosives. Forest fires in San Dimas canyon, San Gabriel mountains, provision for fighting, p. 708, Act 1171. Prevention of forest fires in San Antonio canyon, San Gabriel moun- tains, p. 708, Act 1172. Tamalpais forest fire district, foiination, government, o[ieration and dissolution of, p. 709, Act 11S5. FIREARMS. See Deadly Weapons. FIRE DEPARTMENT. Ifrlicf, liealtli insuiaiico and luiision fund, payment of moneys into, |i.'7U9, Act 1173. FIRE INSURANCE. See Insurance Companies. FISH. Sec Came Laws. BuHiricss Of l)uying and selling fish, regulation of, p. 1261, Act 3588. Canals, ilitclies and fiumcs, screens before, provision as to, p. 123, § 629. INDEX. 1435 FISH (Coutinued). Cauners of fish, crustaceans and mollusks, regulation of, p. 760, Act 1340 1. Catching of game fish, license for, p. 754, Act 1298a. Crustaceans and nioUusks, regulation of canning and preserving of, p. 760, Act 1340 1. Destruction of food fish, regulation of, p. 1264, Act 3.588. Exchange, fish, p. 1264, Act 3588. Fishways. See Fishways. License for propagation and rearing of, p. 155, Act 1340g. License for taking and catching of game fish, p. 754, Act 1298a. License for vacation of fishing, act relating to, p. 753, Act 1298. License of canners of fish, crustaceans and molhisks, p. 760, Act 13401. License to those engaged in marketing fish, p. 1261, Act 3588. Propagation and rearing of, regulation of, p. 755, Act 1340g. Eegulation of vocation of fishing and providing revenue therefrom, p. 753, Act 1298. Shellfish, duty in relation to taking of, p. 759, Act 1340k. Shellfish, power of state board of health in relation to taking of, p. 759, Act 1340k. State fish exchange, creation of, p. 1264, Act 3588. State market director. See State Market Director. FISHERS. See Game Laws. FISHWAYS. See Fish. Hatchery in lieu of, provision relating to, p. 140, § 637. Proceedings where dam too high for, p. 140, § 637. Provision relating to fishways over or around dams, p. 140, § 6;i7. FLAG. Advertisements on, prohibited, p. 103, § 310. Advertisements, punishment for putting on flags, p. 103, § 310. Defiling, defacing or mutilating, forbidden, p. 103, § 310. Defiling, defacing or mutilating, punishment for, p. 103, § 310. Inscriptions on, what permitted, p. 103, § 310. United States, hoisting over school buildings and displayiiig in schoolrooms, p. 217, § 1614; p. 219, § 1617a. FLUMES. Screens before, to protect fish, provision relating to, p. 123, § 629. FOOD. See Butter; Cattle; Cheese; Oleomargarine. Adulterated or mislabeled, manufacture, sale or transportation of, prevention of, p. 531, Act 29. Cold storage. See Cold Storage. Eggs. See Eggs. Inspection of animals slaughtered for food, p. 715, Act 1206. Milk. See Milk. Net container act relating to goods sold in containers, p. 1135, Act 2453. State laboratory for, establishment of, p. 531, Act 29. FOREIGN BILLS. See Bills of Exchange. FOREIGN CORPORATIONS. See Corporations. FOREIGNERS. See Aliens. 1436 INDEX. FORESTRY. See Forests. FORESTS. Augeles national forest, reforestation, fire lanes and fire trails in, p. 718, Act 1223. jSTursery for reforestation, establishment and maintenance of, p. 718, Act 1224. Xursery for reforestation, under management of state forester, p. 718, Act 1224. Prevention of forest fires in San Antonio canyon, San Gabriel moun- tains, p. 708, Act 1172. Provision for fighting fires in San Dimas eanj'on, San Gabriel moun- tains, p. 708, Act 1171. Eeforestation, state nursery for purpose of, p. 718, Act 1224. Salaries of state forester, deputy and assistant, p. 718, Act 1222. Tamalpais forest fire district, formation, government, operation and dissolution of, p. 709, Act 1185. FORFEITURE. Corporation failing to pay tax, forfeiture of rights and revivor of, p. 330, § 3669c; p. 333, § 3669d. Corporation, failure to pay license. See Corporations. Lands sold by state, forfeiture of for nonpayment of interest or prin- cipal, act relating to, p. 1168, Act 2875f. State lands, on sale of. See Public Lands. FORGERY. Signature to negotiable instrument by, effect of and liability under, p. 64, § 3104. FORMS. Affidavits of registration, p. 184, § 1097. Attachment in justice's court, p. 19, § 868. Negotiable instruments, of, p. 58, § 3082. Notice of trial in justice's court, p. 17, § 850. FRANCHISE. Action to recover tax paid under void assessment, assignee cannot bring, p. 328, § 3669a. Record of assessments by state board of equalization is warrant for controller to collect", p. 325, § 366Sa. Reports by holders of to state board of equalization. See State Board of Equalization. Resettlement of franchise rights of street, suburban or interurban railroads, p. 719, Act 1235. Tax for state purposes on. See State Board of Equalization. Tax ottj action to recover where assessment void, p. 328, § 3669a. Tax on, action to recover where reassessment, no limitation in case of, p. 329, § 3669b. Tax on, delinquent, penalties, j). 326, § 3668b. Tax on, discharge in bankruptcy not to be granted until paid, p. 327, § 3668c. Tax on, dissolution of coriioratioii not giantcd until taxes paid, p. 327, § 3668c. 'I'ax on, crronoouslv or ill('ga!l\' .•dllcrlcd, proceedings in case of, p. 327, § 3669. " Tax on, faihiro to pay, action by contidlh'r to recover, p. 330, § 36G9c. INDEX. 1437 FRANCHISE (Continuod). Tax on, failure to pay, forfeiture of rights by corporation and revivor of, p. 330, '§ :5669c; p. 333, § 3669<1. Tax on for state purposes. See Taxation. Tax on, has effect of judgment, p. 327, § 3668c. Tax on, lieu of, p. 327, § 3668c. Tax on, payment of, receipt for, p. 327, § 3669. Tax on, publication of notice when due, date of delinquency and of penalties, p. 326, § 366Sb. Tax on, seizure and sale of property for, p. 326, § 3668b. Tax on, to whom payable, p. 327, § 3669. Tax on, void assessment, levy of tax, collection, delinquencies and penalties in case of, p. 329, § 3669b. Tax on, when payable, p. 326, § 3668b. FRATERNAL BENEFIT SOCIETIES. See Benefit Societies. FRAUD. Banks, by officers or employees of. See Banks. Garage, defrauding proprietor of, p. 107, § 537d. Lessor of personal property, defrauding. See Landlord and Tenant. Sales, in. See Sales. Seller, defrauding. See Sales. FRAUDULENT CONVEYANCE. Change of possession not necessary on transfer of exempt j^roperty, p. 100, § 3i-i0. Sale of stock in trade, recording notice of, p. 100, § 3440. Sale or mortgage under order of court or by officer, change of possession not necessary, p. 100, § 3440. Transfer of personalty without change of possession, presumed fraudulent, p. 100, § 3440. Transfer of wines in wineries, etc., without change of possession, how made, p. 100, § 3440. FREEHOLD. Malicious injuries to, what are misdemeanors, p. 110, § 602. FREE LIBRARY. Salary of county librarian in Merced county, p. 722, Act 1248a. FRESNO COUNTY. Assessor, all collections by to be paid to county^ treasury, p. 366, §4234, subd. 7. Assessor, deputies and assistants, appointment, number, duties and salaries, p. 366, § 4234, subd. 7. Assessor, salary of, p. 366, § 4234, subd. 7. Auditor, deputy and clerk, appointment and salaries, p. 366, § 4234, subd. 4. Auditor, salary of, p. 366, § 4234, subd. 4. Commissions received by officers to be paid into county treasury, p. 366, §4234, subd. 19. Constable, classification of townships for purpose of fixing salaries, p. 366, § 4234, subd. 14. Constables, population of townships, how determined for purposes of fixing salaries, p. 366, § 4234, subd. 14. Constables, salaries determined by population, p. 366 § 4234 subd 14. 1438 INDEX. FRESNO COUNTY (Continued). Constables, salaries, fees, mileage and expenses, of, p. 366, § 4234, subd. 16. Coroner, fees of, p. 366, § 4234, subd. 10. County clerk, deputies, number, appointment and salaries, p. 366, § 4234, subd. 1. County clerk, fees to be paid into treasury monthly, p. 366, § 4234, subd. 1. County clerk, salary of, p. 366, § 4234, subd. 1. District attorney, deputv and assistant, appointment and salary, p. 366, § 4234, subd. 9. District attorney, salary of, p. 366, § 4234, subd. 9. Fees received by oflacers to be paid into county treasury, p. 366, §4234, Bubd. 19. Jurors, grand, compensation and mileage, p. 366, § 4234, subd. 8. Jurors, trial, compensation and mileage, p. 366, § 4234, subd. 8. Justices, classification of townships for purpose of fixing salaries, p. 366, § 4234, subd. 14. Justices, fees collected by to be paid into county treasury, p. 366, § 4234, subd. 15. Justices, salaries are in full compensation for services, p. 366, § 4234, subd. 15. Justices, fines to be paid to treasury monthly, p. 366, § 4234, subd. 15. Justices, salaries of, p. 366, § 4234, subd. 15. .Justices, salaries include office rent, p. 366, § 4234, subd. 15. Population, determination of, for purpose of fixing salaries of con- stables and justices, p. 366, § 4234, subd. 14. Public administrator, fees of, p. 366, § 4234, subd. 11. Eecorders, deputies and copyists, appointment, number and salaries, p. 366, § 4234, subd. 3. Eecorders, salary of. p. 366, § 4234, subd. 3. Salaries of officers, when and how payable, p. 366, § 4234, subd. 18. Sheriff, deputies, clerks and assistants, number, enumeration; ap- pointment and salaries, p. 366, § 4234, subd. 2. Sheriff, fees to be paid into county treasury, p. 366, § 4234, subd. 2. Sheriff, salary and fees, p. 366, § 4234, subd. 2. Superintendent of schools, deymty and assistant, aj^pointment and salaries, p. 366, § 4234, subd. 12. ■Superintendent of schools, salary and expenses of, p. 366, § 4234, subd. 12. Superior judge, additional, for, ]). 723, Act 1264a. Supervisors, salaries of, p. 366, § 1234, subd. 17. Surveyor and deputies to devote entire time to county work, p. 366, §4234. Surveyor, deputy, salary of, p. 366, § 4234, subd. 13. Surveyor, salary of, p. 366, §4234, subd. 13. Surveyor to do all surveying and ciigiiiecring work for county, p. 366, §4234. Tax collector, deputies, clerks and assistants, appoiiitinent, onuinera- tion of, number and salaries, p. 366, § 4234, subd. 6. 'I'ax collector, salary and fees oP, ]). 366, § 4234, subd. 6. Treasurer, deputy, salary of, ]). 366, § 4234, subd. 5. Treasurer, salary of, p. 366, § 4234, subd. 5. FRUIT. Act of 1917 establishing standards for jiacking of fresh fruits, p. 729, Act 1275b. INDEX. 1439 FRUIT (Coutinued). Apples. See Apples. Inspectors of fresh fruits, appointment, powers, duties and compen- sation, p. 729, Act 1275b. FRUIT CAR COMPANIES. Franchise tax for state puri)oses on. Sec State Board of Equaliza- tion. FUNDS. Bonds of municipal water districts legal investments for, p. 599, Act 387a. Particular fund. See particular title. School. See Schools. G GALLINULE. See Game Laws. GAMBLING. Permitting gambling in houses owned or rented, punishment of, p. 104, § 331, GAME LAWS. See Fish. Abalone, black, protection of, p. 121, § 628f. Abalone caught outside state, j). 121, § 628f. Abalone, green, protection of, p. 121, § 62Sf. Abalone, limit on catch in districts 4 and 19,, p. 121, § 628f. Abalone, limit on catch in district 17, p. 121, § 628f. Abalone, pink, protection of, p. 121, § 628f. Abalone, protection of, p. 121, § 628f. Abalone, protection of in districts 17, 19 and 20, p. 121, § 628f. Abalone, red, protection of, p. 121, § 628f. Aigrette, sale or possession of plumes, head, etc., forbidden p. 114, § 626r. Albieore, protection of, p. 112, § 626e; p. 121, § 628e. Anatidae are game birds, p. 145, § 637a. Animals, hunting, catching or possessing in certain enumerated districts forbidden, j). 114, § 626s. Animals, predatory, enumerated, p. 146, § 6371/^. Animals, predatory, hunting, killing or possessing without permis- sion, forbidden, y. 114, § 626s. Antelope, protection of, p. 112, § 626e. Badgers are predatory animals, p. 146, § 637%. Barracuda, protection of, p. 112, § 626e, p. 121, § 628e. Bass, black, closed season for, p. 120, § 628b. Bass, black, limit on catch, p. 120, § 628b. Bass, black, taking in lakes in district 2, p. 120, § 628b. Bass, black, taking in lakes, p. 120, § 628b. Bass, black, protection of, p. 120, § 62Sb. Bass, calico, closed season for, p. 120, § 628b. Bass, calico, limit on catch, p. 120, § 628b. Bass, calico, protection of, p. 120, § 628b. Bass, protection of, p. 119, § 628a. Bass, striped, catching with nets or seines, p. 119, § 628a. Bass, striped, limit on size and catch, p. 119, § 628a. 1440 INDEX. GAME LAWS (Continued). Bass, striped, sale, shipment or transportation of, punishment of, p. 119, §628a. Beaver, hides, possession of forbidden, p. 114, § 62(3p. Beaver, killing of where endangering levees or protective works, p. 114, § 626p. Beaver, protection of, p. 114, § 626p. Beaver, protection of, penalty for violating law, p. 114, § 626p. Birds destroying crops, right to kill, p. 146, § 637a. Birds, game, enumerated, p. 145, § 637a. Birds, hunting, catching or possessing in certain enumerated dis- tricts forbidden, p. 114, § 626s. Birds, nongame, what are, p. 145, § 637a. Birds, other than game, protection of, p. 145, § 637a. Birds, predatory, enumerated, p. 14-6, § 6371/^. Birds, predatory, hunting, killing or possessing without permission, forbidden, p, 114, § 626s. Birds of paradise, sale or possession of plumes, head, etc., forbidden, p. 114, § 626r. Black bass. See ante, Bass, this title. Blackbirds not protected in districts 2 and 3, p. 146, § 637a. Black-tailed jack rabbits are not predatory animals, p. 146, § QSIVj. Blue jays are not protected by game laws, p. 145, § 637a. Blue jays are predatory, p. 146, § 637Vi;. Brant are game birds, p. 145, § 637a. Brant, closed season for, p. 11], § 626. Brush rabbit. See post, Rabbit, this title. Butcher bird is not protected by game laws, p. 145, § 637a. Calico bass. See ante, Bass, this title. California whiting. See post. Whiting, this subject. Canals, ditches, flumes, etc., screens before, provision relating to, p. 123, § 629. Canidae are predatory animals, p. 146, § 637V2- Carrier, rule governing manner of shipment of fish or game, r>. 116, § 627b. Carriers shipping more than limit a misdemeanor, p. 116, § 627b. Carrier transporting game out of state a misdemeanor, p. 116, § 627a. Catfish, closed season for, p. 120, § 628b. Cats, ringtail, are predatory animals, p. 146, § 637%. ("ats, wild, are predatory animals, p. 146, § 637i/L>. Clams, little neck, protection of, p. 121, § 628f. Clams, Pisnio, closed season for, p. 121, § 628f. Clams, Pismo, limit on catch, p. 121, § 628f. Clams, Pismo, protection of, p. 121, § 628f. Clams, protection of, in districts 7, 8 and 9, p. 121, § 628f. flams, razor, limit on catch, p. 121, § 62Sf. (;iams, razor, protocfidii of. p. 121, § 628f. Cockles, prote(;tion oi', \>. 121,S''2Sf. < 'oliimhidae are game birds, p. 145, § ()37a. f 'oiiiinission, game, ])roceedings before wIicm'c fisliway or fish ladder ordered, p. 140, § 637. Coons are predatory aiiimals. ]i. 146, § ()37',4. Coots are game birds, p. 1 15, § 6.''>7a. Cotton-tail rabbit. See post, Rabbit, this title. Tongars ;[r(' predatory animals, yi. 146, § 637','^. INDEX. 1441 GAME LAWS (Cuiitinued). Coyotes are predatory animals, p. 146, § 637^. Crab, closed season for, p. US, § 628. Crab, protection of, p. 118, § 628. Crab, protection of in districts 5, 6, 7, 7a, 8 and 9, p. 118, §628. ("rane, protection of, p. Ill, § 626. Crappie, closed season for, p. 120, § 628b. Crappie, limit on catch, p. 120, § 628b. Crappie, protection of, p. 120, § 628b. Croaker, spot-fin, protection of, p. 121, § 628e. Croaker, yellow-fin, protection of, p. 121, § 628e. Crops, birds destroying, right to kill, p. 146, § 637a. Curlew is game bird, p. 145, § 637a. Dams, fishways over or around, provision relating to, p. 140, § 637. Dams, fishways or fish ladders over, hatchery in lieu of, provision relating to, p. 140, § 637. Dams, ladders over for fish, provision relating to, p. 140, § 637. Dams, proceedings where too high for fishway, p. 140, § 637. Deer, female, protection of, p. 112, § 626e. Deer, retaining portion of head bearing horns, p. 112, § 626e. Deer, shipment of, punishment for violation of provisions relating to, p. 115, § 626u. Deer, shipment of, regulations governing, p. 115, § 026u. Deer, spike buck, defined, p. 112, § 626e. Deer, spike buck, protection of, p. 112, § 626e. Deer, tracking of by dog in closed season, p. 113, § 626j. Deer, tracking with more than one dog in open season, p. 113, § 626j. Districts, fish and game, act of 1917 dividing state into, p. 735, Act 1295d. Districts, fish and game, repeal of act of 1915 dividing state into, p. 735, Act 1295b. District, game or fish, in any particular district. See particular sub- ject, this title. Domesticated game birds or animals, license to raise, provision re- lating to, p. 123, § 631d. Domesticated game birds or animals, raising of, provision relating to, p. 126, § 631d. Dove, closed season for, p. 112, § 626a. Dove, closed season in district ], p. 112, § 626a. Dove is game bird, p. 145, § 637a. Duck, closed season for, p. Ill, § 626. Duck, shooting at from any boat in game district 4A forbidden, p. 113, § 626o. Duck, shooting at from boat in motion forbidden, p. 113, § 626o. Ducks, sea and river, are game birds, p. 145, § 637a. Duck, wood, protection of, p. Ill, § 626. Eels, salt water, limit on catch in district 3, p. 123, § 628j. Eels, salt water, protection of in district 3, p. 123, § 628j. Elk, killing of a felony, p. 110, § 599f. Elk, killing of, punishment of, p. 110, § 599f. Elk, possession of meat prima facie evidence of guilt, p. 1 10, § 599f. Pawn, spotted, protection of, p. 112, § 626e. Felidae are predatory animals, p. 146, § 637i/'. Finch, house, is predatory, p. 146, § 63714. 91 1442 INDEX. GAME LAWS (Continued). Fines and forfeitures paid into fish and game preservation fund, p. 114, § 626s; p. 115, § 626u; p. 121, § 628f ; p. 123, § 628j; p. 130, § 632; p. 132, §§ 632c, 633; p. 136, § 631, subd. 14; p. 137, § 636. Fishers are predatory animals, p. 146, § 637y2. Fish, taking for science and propagation, p. 120, § 628b. Fish, taking or possessing in district 26 forbidden, p. 114, § 626s. Fishways over dams, hatchery in lieu of, provision relating to, p. 140, § 637. Fishways over or around dams, provision relating to, p. 140, § 637. Fishways, proceedings where dam too high for, p. 140, § 637. Foxes are predatory animals, p. 146, § 637 1/>. Fruits, birds destroying, right to kill, p. 146, § 637a. Fur-bearing animals, license for hunting or trapping, p. 757, Act 1340J. Fur-bearing animals, reports to game commission as to mammals taken, p. 757, Act 1340j. Fur-bearing mammals, defined, p. 757, Act 1340j. Fur-bearing mammals, protection of, p. 757, Act 1340J. Gallinae are game birds, p. 145, § 637a. Gallinules are game birds, p. 145, § 637a. Gallinule, closed season for, p. Ill, § 626. Game birds. See ante. Birds, this subject. Geese are game birds, p. 145, § 637a. Geese, closed season for, p. Ill, § 626. Gophers are predatory animals, p. 146, § 637i^. Goura, sale or possession of plumes, head, etc., forbidden, p. 114, § 626r. Grouse are game birds, p. 145, § 637a. Grouse, closed season for, p. Ill, § 626. Halibut, southern, bastard or chicken, protection of, p. 112, § 626e; p. 121, § 628e. Hatchery in lieu of fishways or fish ladders over dams, provision relating to, p. 140, § 637. Hawks, Cooper's, are not protected by game laws, p. 145, § 637a. Hawks, Cooper's, are predatory, p. 146, § 6371/.. Hawks, duck, are not protected by game laws, p. 145, § 637a. Hawk, duck, is predatory, p. 146, § 63 71/0. Hawks, sharp-shinned, are not protected by game laws, p. 145, § 637a. Hawk, sharp-shinned, is predatory, p. 146, § 637i/>. House-finch is not protected by game laws, p. 145, § 637a. House-finch is predatory, p. 146, § O3714. Insectivora are predatory animals, p. 146, § 637i{.. Jack-rabbits are predatory animals, p. 146, § 637i/^. Kelp, control of is in fish and game commission, p. 957, Act 1782. See Kelp. Ladders over dams, hatcluM-v in lieu of, provision relating to, p. 140, § 637. Tjadders over dams, provision relating to, p. 140, § 037. Ladders, proceedings where dams too high for, p. 140, § 637. Licenses for hunting, fees for, p. 751, Act 1297. liicense for hunting or trapping fur-bearing animals, p. 757, Act 1340J. Licenses, for resale, regulation of issuance of, p. 752, Act 1297a. Tvimicolae are game birds, j). 145, § 637a. Linnets are not protected l)y game laws, p. 145, § 637a. Linnets, California, are predatory, p. 146, § 037 1/2. License to hunt or fish, revocation of, p. 129, § 631e. INDEX. 1443 GAME LAWS (Coutimicd). License to raise domesticated game birds or animals, })rovision re- lating to, p. 12(3, § G31d. Lobsters caught without state, provisioL as to, p. llS, § 628. Lobster, closed season for, p. 117, § 62S. Lobster, protection of, p. 117, § 628. Martins are predatory animals, p. 146, § 637%. Mice are predatory animals, p. 146, § 637%. Minks are predatory animals, p. 146, § 637%. Moles are predatory animals, p. 146, § 637%. Mountain sheep, protection of, p. 112, § 626c. Mount Tamalpais game refuge, creation of, p. 749, Act 129.5e. Mud-hen, closed season for, p. Ill, § 626. Mustelidae are predatory animals, p. 146, § 637%. Nets, use of forbidden, p. 137, § 636. Nets, use of in various districts, regulation of, p. 137, § 636. Osprey, sale or possession of plumes, head, etc., forbidden, p. 114, § 626r. Owls; great-horned, are not protected by game laws, p. 145, § 637a. Owls, great-horned, are predatory, p. 146, § 637%. Oysters, injuring, gathering or taking away, p. 110, § 602." Oysters, trespassing upon lands where ^slanted a misdemeanor, p. 110, § 602. Partridges are game birds, p. 145, § 637a. Perch, Sacramento, closed season for, p. 120, § 628b. Perch, Sacramento, limit on catch, p. 120, § 628b. Perch, Sacramento, protection of, p. 120, § 628b. Pets, right to keep birds as, p. 146, § 637a. Pheasants are game birds, p. 145, § 637a. Pigeons are game birds, p. 145, § 637a. Pigeons, protection of, p. Ill, § 626. Pismo clams. See ante, Clams, this subject. Plover are game birds, p. 145, § 637a. Prairie chicken is game bird, p. 145, § 637a. Predatory animals enumerated, p. 146, § 637%. Predatory birds enumerated, p. 146, § 637%. Predatory birds or animals, killing, hunting or possessing without permission forbidden, p. 114, § 626s. Proceedings where dam too high for fishways or fish ladder, p. 140, § 637. Procyonidae are predatory animals, p. 146, § 637%. Quail are game birds, p. 145, § 637a. Quail, desert, closed season for, p. Ill, § 626. Quail, mountain, closed season for, p. Ill, § 626. Quail, mountain, closed season in districts below northern boundary of Mendocino county, p. Ill, § 626. Quail, mountain, closed season in districts 2, 3, and 4, p. Ill, § 626. Quail, valley, closed season for, p. Ill, § 626. Babbit, black-tailed jack, are not predatory animals, [). 146, § 637%. Eabbit, brush, closed season for, p. Ill, § 626. Babbit, cotton-tail, closed season for, p. Ill, § 626. Babbits, jack, are predatory animals, p. 146, § 637%. Bail are game birds, p. 145, § 637a. Bail, protection of, p. Ill, § 626. Eallidae are game birds, p. 145, § 637a. Eats are predatory animals, p. 146, § 637%. 1444 INDEX. GAME LAWS (Continued). Ringtail cats are predatory animals, p. 146, § 637 1/^. Eobins destroying crops may be killed, p. 146, § 637a. Eodentia are predatory animals, p. 146, § 637 1/^. Sacramento perch. See ante. Perch, this subject. Sage-hen, closed season for, p. Ill, § 626. Sage-hen, district 4, protection of in, p. Ill, § 626. Salmon, closed season for, in various districts, p. 133, § 634. Salmon, defined, p. 136, § 634, sixbd. 12. Salmon, limit on catch in various districts, p. 133, § 634. Salmon, protection of, p. 133, § 634. Salmon, protection of in various districts, p. 133, § 634. Sandpipers are game birds, p. 145, § 637a. Scientific, educational or propagation purposes, taking fish or game for, p. 113, § 626 1. Scientific purposes or propagation, right to take fish or game for, p. 114, § 626s. Science or propagation, right of game commission to take fish for, p. 130, § 632. Science and propagation, taking fish for, p. 120, § 628b. Science or propagation, taking golden trout for, p. 132, § 633. Science or propagation, taking of salmon for, p. 136, § 634, subd. 13. Science or propagation, use of nets in carrying on work of, p. 137, § 636. Screens before openings of ditches^ flumes, canals, etc., provision re- lating to, p. 123, § 629. Shad, catching with nets or seines, p. 119, § 628a. Shad, closed season for, p. 119, § 628a. Shad, limit on catch, p. 119, § 628a, Shad, protection of, p. 119, § 628a. Shellfish. See Fish. Shellfish, injuring, gathering, or taking away a misdemeanor, p. 110, § 602. Shellfish, trespassing upon lands where planted a misdemeanor, p. 110, §602. Shore birds are game birds, p. 145, § 637a. Shore bird, protection of, p. Ill, § 626. Shipping fish and game, rules governing manner of, p. 116, § 627b. Shipping more than limit forbidden, p. 116, § 627b. Shrews are predatory animals, p. 146, § 637i/l>. Shrimp,, possession of or of shells as evidence of guilt, p. 117, § 628. Shrimp, protection of, p. 117, § 628. Skunks are predatory animals, p. 146, § 637V1'. Snipe are game birds, p. 145, § 637a. Snipe, Wilson, closed season for, p. Ill, § 626. S[iarrows are j)rcdatory, p. 146, § 637i^. Sjiarrows, English or Kuro])ean, are not protected by game laws, p. 145, § 637a. Spike ))uck, defined, p. 112, §626e. Sjiike buck, [irotection of, p. 112, § 626e. Spot-fill croaker. See ante, Croaker, this title. Spotted fawn. See ante. Fawn, this title. Squirrels, flying, are not predatory animals, p. 146, §637%. S(|iiirrclH, tree, arc not predatory animals, p. IKi, § 637i^. Striped bass. See ante, Bass, this subject, bunfish, closed season for, p. 120, § 628b. INDEX, 1445 GAME LAWS (Continued). Sunfish, limit on catch, p. 120, § 628b. Sunfish, protection of, p. 120, § 62Sb. Surf birds are game birds, p. 145, § 637a. Surf fish, protection of, p. 121, § 628e. Swans are game birds, p. 145, § 637a. Tatlers, protection of, p. 145, § 637a. Transportation of game out of state by carriers forbidden, p. 116, § 627a. Transporting fish and game, rules governing, p. 110, § 627b. Transporting more than limit forbidden, p. 116, § 627b. Traps, use of to catch fish, mollusks or crustaceans forbidden, p. 137, §636. Trout, closed season for in districts 1, lA, IC, ID, IE, IF, IG, IH, IJ, IK, IL, 2, 2A, 3, 3A, 3B, 3C, 3D, 4, 4A, 4B, 4C, 4D, 4E, 5, 6, 7, 7A, 8, 9, 10, 11, 12, 13, 15, 17, 18, 19, 21, 23, 24, 25, p. 130, § 632. Trout, closed season for catching in streams flowing into lakes in district 23, p. 130, § 632. Trout, Dolly Varden, protection of, p. 130, § 632. Trout, golden, closed season for, p. 132, § 633. Trout, golden, limit on catch, p. 132, § 633. Trout, golden, protection of, p. 132, § 633. Trout, golden, taking for science or propagation, p. 132, § 633. Trout in lakes, protection of, p. 130, § 632. Trout, limit on catch, p. 130, § 632. Trout, limit on catch in districts 2, 2A, 3, 3A, 3B, 3C, 3D, 11, 12, 13, 15, 16, 17 18 and 19, p. 130, § 632. Trout, sale of in state of California forbidden, p. 132, § 632c. Trout, steelhead, selling of, p. 130, § 632. Trout, steelhead, taking of in districts 5, 6 and 7A, p. 130, § 632. Turkeys, wild, are game birds, p. 145, § 637a. Wardens, bonds of, p. 349, § 4149b. Wardens, game, power of supervisors to appoint, p. 349, § 4149b. Wardens, terms of office and removal of, p. 349, § 4149b. Water fowl, hunting in district 4A, right of, p. 114, § 026s. Weasels are predatory animals, p. 140, § 637^4. White fish, closed season for catching in streams flowing into lakes in district 23, p. 130, § 632. White fish, closed season for in districts 23, 24 and 25, p. 130, § 632. Whiting, California, protection of, p. 121, § 628e. Whiting, California, protection of, in district 19, p. 121, § 628e. Wild cats are predator j^ animals, p. 140, § 637 1^. Wilson snipe. See ante. Snipe, this title. Wolverines are predatory animals, p. 146, § 6371/2. Wolves are predatory animals, p. 146, § O3714. Yellow-fin croaker. See ante. Croaker, this title. GARAGE. Eemoving automobile or property from, with fraudulent intent a misdemeanor, p. 107, § 537d. GAS. Department of state mining bureau for protection of, creation and establishment of, p. 1003, Act 2213b. Persons operating wells to make reports, p. 1003, Act 2213b. Protection of from waste and destruction through improper methods of production, p. 1003, Act 2213b. 14-1:6 INDEX. GAS (Continued). State oil and gas supervisor, appointment, powers, duties and com- pensation, p. 1063, Act 2213b. State oil and gas supervisor, arbitration of rulings of, p. 1063, Act 2213b. State oil and gas supervisor, assessment of charges of department against operator, p. 1063, Act 2213b. State oil and gas supervisor, deputies and employees, appointment, duties and compensation, p. 1063, Act 2213b. State oil and gas supervisor, fund for department of, creation of, p. 1063, Act 2213b. GAS COMPANIES. Franchise tax for state purposes on. See State Board of Equalization GEESE. See Game Laws. GIFTS. Community property, husband cannot make gift of without consent of wife, p. 38, § 172. GLENN COUNTY. Assessor, right to retain percentage on personal property tax col- lected, p. 501, § 4275, subd. g. Assessor, salary of, p. 501, § 4275, subd. 7. Auditor, salary of, p. 501, § 4275, subd. d. Constables, salaries, expenses and fees of, p. 501, § 4275, subd. n. Coroner, fees of, p. 501, § 4275, subd. i. County clerk, deputy, appointment and salary, p. 501, § 4275, subd. a. County clerk, fees collected by to be paid into county^ treasury, p. 501, § 4275, subd. a. County clerk, salary of, p. 501, § 4275, subd. a. District attorney not to practice law, p. 501, § 4275, subd. h. District attorney, salary of, p. 501, § 4275, subd. h. District attorney, stenographer, salary of, p. 501, § 4275, subd. h. .Turors, grand, fees and mileage, p. 501, § 4275, subd. q. .Jurors, trial, fees and mileage, p. 501, § 4275, subd. q. Justices, salaries and fees, p. 501, § 4275, subd. m. OfTicial reporters, fees of, p. 501, § 4275, subd. p. Public administrator, fees of, p. 501, § 4275, subd. j. Recorder, salary and foes of, p. 501, § 4275, subd. c. Salaries, increase of construction of provisions relating to, p. 501, § 4275, subd. r. Sheriff, salary, fees, commissions and expenses, p. 501, § 4275, subd. b. Superintendent of schools, salary, expenses and allowances of, p. 501, § 4275, subd. k. Supervisors, salaries, expenses and mileage, p. 501, § 4275, subd. o. Surveyor, fees of, ]>. 501, §4275, subd. 1. Tax collector, salary of, p. 501, § 4275, subd. f. Treasurer, salary of, p. 501, §4275, subd. e. Treasurer, fees collected by to be paid into treasury, p. 501, § 4275, subd. e. GLENNS. \i-t :iiit liori/.inu st;itc Ixiard of coiidol \o retraiisfer certain lands to, p. 117:'., Act 2S75h. INDEX. 1 -447 GOPHERS. Sec Game Laws. Destruction of, i)rovision for, p. 262, § 2322. Places iufosted with, abatement of nuisance, p. 265, § 2322a. Places infested with declared to be a public nuisance, p. 263, § 2322a. GOURA. See Game Laws. GOVERNOR. Quarantine, approval of by, p. 258, § 2319; p. 259, § 2319b. Eesignation, how and to whom made, p. 180, § 995. GRADES. ►Streets, of. See Streets. GRAND JURY. Charge by judge as to duties, p. 147, § 928. Comments in reports of not privileged, p. 147, § 928. Definition of, p. 5, § 192. Experts and assistants, employment of by and compensation of, p. 146, § 928. Fees of, p. 707, Act 1119. Fees of in particular county. See particular title. Lists, by whom and when to be made, p. 6, § 204. Lists, jury commissioner to furnish to superior judges, p. 7, § 204b. Lists prepared by jury commissioner, judges not bound to select from, p. 8, § 204d. Lists prepared bv jury commissioner, selection of jurors from by judges, p. 8, § 2'04d. Number of, superior court to designate, p. 6, § 204. Public officers, examination into books, accounts and records of, p. 147, § 928. Public officers, recommendations and report as to, p. 147, § 928. Selection and listing of, p. 6, § 204. Selection of by jury commissioner, p. 7, § 204a. Women, eligibility of, p. 6, § 204. GROUSE. See Game Laws. GROWING CROPS. See Insects. GROWING TREES. Cutting down, destroying or injuring a misdemeanor, p. 110, § 602. GUARANTY. Title to real estate. See Titles. GUARDIAN AND WARD. Appointment of guardian, rules for selection and designation of, p. 33, § 1764a. Corporations authorized to act as guardians, amendment of articles, approval by superintendent of banks, p. 41, § 290a. Deceased annuitant, collection by guardian of balance due from teachers' pension fund, p. 29, § 1455. Insane person, appointment of guardian for. See Insane Persons. Investment of funds in corporate stock, liability for debts, p. 43, §322. Physician, consent to testifying bv guardian of children of patient, p. 33, §1881. Sale or mortgage by guardian, change of possession not necessary, p. 100, § 3440. 1448 INDEX. H HALIBUT. See Game Laws. HAPPY VALLEY IRRIGATION DISTRICT. Formation of validated, p. S9S, Act 172."f. HARBOR COMMISSION. Attorney general does not represent, p. 164, § 472. San Fra'ncisco, of, aitthorized to pay claim of Fidelity and Deposit Company of Maryland, p. 763, Act 1439b. Authorized to acquire Mission Rock property, p. 1222, Act 3348d. San Francisco, establishment of passenger transportation facilities along Embarcadero, p. 1222, Act 3348c. San Francisco, powers granted to, p. 1206, Act 3335. HARBORS. See Waterfront. Cities authorized to improve harbors, p. 1131, Act 2389k. HASTINGS COLLEGE OF LAW. Repeal of section admitting graduates to practice law without ex- amination, p. 9, § 280a; p. 190, § 1483. HATCHERY. Fishways or ladders over dams, hatchery in lieu of, provision relat- ing to, p. 140, § 637. HAWKS. See Game Laws. HEALTH. See Public Health. HEALTH DISTRICTS. See Public Health. HEALTH INSURANCE. See Insurance. HEALTH OFFICERS. See Public Health. HEIRS. See Estates of Decedents. HIGH SCHOOLS. See Schools. HIGHWAYS. Ahamloiiment of, petition for, p. 277, § 2697. Appropriation to paj- assessment against state for construction or maintenance of, p. 764, Act 1447a. Assent of state to act of congress providing aid in construction of rural post roads, p. 799, Act 1467a. Aaitomobiles using, regulation of. See Automobiles. Bonds for improvement, construction and repair, amendment of act of 1907 relating to, p. 76.5, Act 1448. lioiids of permanent road divisions validated, p. 766, Act 1448a. Boulevard districts, formation and establishment, amendment of act of 1911 relating to, p. 767, Act 1449a. Construction of in counties by supervisors of adjoining county, act authorizing, p. 763, Act 1447. r'alifornia state highway commission, creation, powers, duties, ap- pointees, salaries, j).' 1239, Act 3812. .foint highway districts composed of several counties, creation, organization and government of, p. 780, Act 14o8f. Laying out, constructing, st raighlening, imjiroving and repairing, amendment of act of 1907 relating to, p. 765, Act 1448. INDEX. 1449 HIGHWAYS (Coutiuued). Mainteuance aucl repair of, provision relating to, j). 1^77, § 264(1. New roads paid for out of county funtls, when, p. 272, § 26-43, subd. 10. Permanent road division, any part of county may be formed into, p. 277, § 2745. Permanent road division, city may be included in, p. 277, § 2745. Permanent road divisions, issuance of bonds of validated, p. 766, Act 1448a. Permanent road divisions, organization and proceedings of vali- dated, p. 766, Act 1448a. Permanent road divisions, powers of, p. 277, § 2745. Road district improvement act of 1907, amendment of 1U17 to, - p. 790, Act 1465. Signs or signboards, tearing down or damaging, p. 110, § 602. State, appropriation to pay assessment against for construction or maintenance of, p. 764, Act 1447a. State, from San Bernardino city to city of Kedlands, p. 778, Act 1457s. State, Mono Lake basin road extended to Mono Mills, p. 779, Act 145 7u. State, Susanville, highway from to point on line between California and Nevada, p. 779, Act 1457v. Streets. See Streets. Supervisors have charge of maintenance and repair of, p. 277, § 2646. Supervisors, powers of over enumerated, p. 271, § 2643. Surveyor, contractor must pay for, p. 273, § 2643, subd. 11. Unincorporated cities authorized to establish and maintain lighting system on roads, p. 797, Act 1466. Work advertised and let to lowest bidder when, p. 272, § 2643, subd. 11. Work, proceedings on letting out on bids, p, 272, § 2643, subd. 11. HISTORIC PROPERTY. Commission to locate local historic material in state, powers and duties of, p. 799, Act 1468d. Commission to survey local historical material in state, creation of p. 799, Act 1468d. HISTORIC SPOTS. p]roction of monuments to commemorate, p. 348, § 4052c. HOGS. Inspection of hogs slaughtered for food, p. 715, Act 1206. HOLIDAYS. Day of maturity falling on, instrument payable on following day, p. 77. § 3166. Enumeration of, p. 161, § 10. Last day falling on, computation of time, p. 99, § 3266c. HOME FOR FEEBLE-MINDED. Transfer of patients from to state hospital for insane, p. 253, §2187. HOME TEACHERS. Sec Schools. 1450 INDEX. HOMESTEADS. Death of spouse, proceedings for termination of interest, p. 32, § 1723. Disposition of iu action bv wife for maintenance without divorce, p. 37, § 137. Probate. See Estates of Decedents. HONOR. Acceptance of bill of exchange for honor, p. 93, § 3242. Payment for. See Bills of Exchange. HORTICULTURE. See County Horticultural Commissioner; Fruit; State Board of Horticultural Examiners; State Commissioner of Horticulture. Insects. See Insects. Eepeal of act for investigation of effect of smelter fumes on, p. 1238, Act 3670. HOSPITALS. Employer furnishing hospital service to employees, regulation of, p.'lOlO, Act 2144g. Insane, hospitals for. See Insane Asylums. Provision prohibiting keeping of hospital for contagious or infec- tious diseases repealed, p. 105, § 373. HOTELS. Act of 1913 regulating building and occupancy of, repealed, j). 800, Act 1530. Act of 1917 relating to building, maintenance and occupancy of, p. 800, Act 1530a. Ecgulatious in connection with, act of 1917 relating to, p. 837, Act 1532. Eegulation in connection with and providing for sanitation of, repeal of act of 1915, relating to, p. 837, Act 1531. Sanitation of rooms and sanitary method of handling bedclothes, p. 837, Act 1532. Sheets, provision relating to length of, p. 837, Act 1532. State hotel and lodging-house act of 1917, p. 800, Act 1530a, HOURS OF LABOR. Bight-hour law for women employees, p. 839, Act 1537. Infants, of, act regulating, p. 841, Act 1611. Hours of rest for city employees employed more than one hundred and twenty hours a week, p. 1131, Act 2389 1. HOUSE-BOATS. Provision as to authorizing in streams used for domestic purposes, J). 1151, Act 2830. HOUSE-FINCH. See Game Laws. HOUSING COMMISSION. liiiiiiigration and housing act of 1913, amendments of 1917 relating to, p. 840, Act 1589. HUMBOLDT COUNTY. ,\ssci-sor, cominissions to be piiid into county treasury, p. 411, § 4214, subd. 8. Assessor, deputies and assistants, nuiribcr, aiiiiointiiient and salaries, p. 411, § 4244, subd. 8. INDEX. 1451 HUMBOLDT COUNTY (Continued). Assessor, may employ assistants in making maps, plats and draw- ings, p. 411, § 4244, subd. 8. Assessor, salary of, p. 411, § 4244, subd. 8. Auditor, deputies, number, appointment and salaries of, p. 411, §4244, subd. 4. Auditor, salary of, p. 411, § 4244, subd. 4. Constables, fees, what allowed to, p. 411, § 4244, subd. 17, Constables, number, salaries and fees, p. 411, § 4244, subd. 17. Coroner, fees of, p. 411, §4244, subd. 10. County clerk, deputies, number, appointment and salaries, p. 411, §4244, subd. 1. County clerk, salary of, p. 411, § 4244, subd. 1. District attorney, deputy and assistants, appointment and salary, p. 411, § 4244, subd. 9. District attorney, not to practice law while in office, p. 411, § 4244, subd. 9. District attornej^, salary of, p. 411, § 4244, subd. 9. Jurors, grand, compensation and mileage, p. 411, § 4244, subd. 18. Jurors in justices' courts, fees and mileage, p. 411, § 4244, subd. 19. Jurors, trial, compensation and mileage, jj. 411, § 4244, subd. 18. Justices, fees collected by to be paid into county treasury, p. 411, § 4244, subd. 16. Justices, number and salaries of, p. 411, § 4244, subd. 16. License collector, allowed ten per cent of collections, p. 411, § 4244, subd. 7. Official shorthand reporter, salary and fees, p. 411, § 4244, subd. 15. Probation officer of and salary of, p. 955, Act 1770a, § 19 i. Public administrator, fees of, p. 411, § 4244, subd. 11. Eecorder, deputies, number, appointment and salary, p. 411, § 4244, subd. 3. Recorder, fees, what to pay into treasury and what may keep p. 411, §4244, subd. 3. Recorder, salary of, p. 411, § 4244, subd. 3. Salaries and fees, how and when paid, p. 411, § 4244, subd. 20. Sheriff, deputies, number, appointment and salaries, p. 411, § 4244, subd. 2. Sheriff, salary of, p. 411, § 4244, subd. 2. Shorthand reporter, salary and allowances, p. 411, § 4244, subd. 15. Superintendent of schools, deputv, appointment and salary, p. 411, §4244, subd. 12. Superintendent of schools, salary of, p. 411, § 4244, subd. 12. Sui^ervisors, mileage as road commissioners, p. 411, § 4244, subd. 14. Supervisors, salary and mileage, p. 411, § 4244, subd. 14. Surveyor, salary and expenses, p. 411, § 4244, subd. 13. Tax collector, deputy, appointment and salary, p. 411, § 4244, subd. 6. Tax collector, salary of, p. 411, § 4244, subd. 6. Treasurer, deputy, appointment and salary, p. 411, § 4244, subd. 5. Treasurer, salary of, p. 411, § 4244, subd. 5. HUNTERS. See Game Laws. HUSBAND AND WIFE. Community property, conveyance or mortgage of, wife must join in, p. 3S, § 172a. Community property, gift of, husband cannot make without consent of wife, p. 38, § 172. 1452 INDEX. HUSBAND AND WIFE (Coutinued). Comnumitv real property, husband has management and control of, p.. 38, "§1723. Community property, lease longer than year, wife must join in execution of, p. 38, § 172a. Community property, limitation of action to set aside, lease, deed or mortgage of by husband alone, p. 38, § 172a. Community personal property, management, disposition and con- trol of, p. 38, § 172. Community property, presumption ^f validity of mortgage, lease or conveyance of by husband alone, p. 38, § 172a. Community property, property conveyed to wife, presumption as to, p. 37, § 164. Community property, what property is, p. 37, § 164. Conveyance by married wom.an, limitation of action to recover, p. 37, § 164. Conveyance by wife, limitation of action to recover as community property, p. 37, § 164. Conveyance or encumbrance by wife, presumption in favor of pur- chaser or encumbrancer, p. 37, § 164. Conveyance to husband and wife, presumj^tion on, p. 37, § 164. Conveyance to wife and third person, presumption on, p. 37, § 164. Insane spouse, appointment of guardian at instance of other spouse, p. 40, § 242. Maintenance, action by wife for without divorce, when lies, p. 37, §137. Maintenance, allowance of alimony in action for without divorce, p. 37, § 137. Maintenance, disposition of community property in action for, p. 37, § 137. Maintenance, disposition of homestead in action for, p. 37, § 137. Maintenance, judgment in order for, enforcement of, p. 37, § 137. Maintenance, orders of court in action for mav be varied or revoked, p. 37, § 137. Presumption on conveyance of property to husband and wife, p. 37, § 164. Presumption on conveyance to married woman, p. 37, § 164. Presumption on conveyance to wife and third person, p. 37, § 164. Eesidence of husband as residence of wife, p. 190, § 1239. Separate property, presumption on conveyance to married woman, p. 37, § 164. Witnesses, husband or wife as. Sec Privileged Communications. ICE-CREAM. ])(m1;ii(m1 a milk product, p. 533, Act 47c. IDENTIFICATION. ('liiiiiiial. Sec Bureau of Criminal Identification. ILLEGITIMACY. See Legitimacy. IMMIGRATION. Iminij^ralion and housing act of 1013^ amendments of 1017 relatiuj to, p. 840, Act liiSO. INDEX. 1453 IMPERIAL COUNTY. Assessor, deputies, number, appointment, salaries and fees, p. 4S5, § 4265, subd. 7. Assessor, not allowed fees for collection of [icrsonal property taxes, p. 485, § 4265, subd. 7. Assessor, salary of, p. 485, § 42G5, subd. 7. Auditor, salary of, p. 485, § 4265, subd. 4. Constables, duties of, p. 485, § 4265, subd. 14. Constables, population of counties, how ascertained for purpose of fixing salaries, p. 485, § 4265, subd. 16. Constables, salaries, mileage and fees of, p. 485, § 4265, subd. 15. Coroner, fees of, p. 485, § 4265, subd. 9. County clerk, deputies, number, appointment and salaries of, p. 485, § 4265, subd. 1. County clerk, salary of, p. 485, § 4265, subd. "1. County health officer, deputies, number of and salaries, p. 485, § 4265, subd. 19. County health officer, salary of, p. 485, § 4265, subd. 19. County physician, salary of, p. 485, § 4265, subd. 18. District attorney, deputy, salary of, p. 485, § 4265, subd. 8. District attorney, salary of, p. 485, § 4265, subd. 8. District attorney, stenographer, appointment, compensation and duties, p. 485, § 4265, subd. 8. Expenses, officers are allowed unless otherwise provided, p. 485, § 4265, subd. 20. Health officer, deputies, number and appointment of, p. 485, § 4265, subd. 19. Horticultural commissioner, inspectors, number, appointment and salaries, p. 485, § 4265, subd. 17. Horticultural commissioner, salary of, p. 485, § 4265, subd. 17. Jurors, grand, fees and mileage, p. 485, § 426.5, subd. 22. Jurors, trial, fees and mileage of, p. 485, § 4265, subd. 22. Justices, population of townships, how ascertained for purpose of fix- ing salaries, p. 485, § 4265, subd. 15. Justices, salaries of, p. 485, § 4265, subd. 13. Livestock inspector, deputies, number and salaries of, p. 485, § 4265, subd. 20. Livestock inspector is ex-officio county veterinarian, p. 485, § 4265, subd. 20. Livestock inspector, salary of, p. 485, § 4265, subd. 20. Livestock inspector to devote entire time to office, p. 485, § 4265, subd. 20. Probation officer, salary of, p. 485, § 4265, subd. 21; p. 955, Act 1770a, § 19 i. Public administrator, fees of, p. 485, § 4265, subd. 10. Recorder, deputv and copyists, appointment and compensation, p. 485, § 4265, subd. 3. ' Recorder, salary of, p. 485, § 4265, subd. 3. Sanitary inspector, duties and salary, p. 485, § 4265, subd. 18. Sheriff, salary and mileage, p. 485, § 4265, subd. 2. Sheriff, under-sheriff and deputies, appointment and salaries of, p. 48.5, § 4265, subd. 2. Superintendent of schools, deputy, appointment and salarv of, p. 485, § 4265, subd. 11. " Superintendent of schools, receives no compensation as member of board of education or as secretary, p. 485, § 4265, subd. 11. 1454 INDEX. IMPERIAL COUNTY (Contiuued). Superinteudent of schools, salary of, p. 485, § 4265, subd. 11. /Supervisor, salaries of, p. 4S5, § 4265, subd. 16. Surveyor, duty to prepare maps, plats or blocdi-books for assessor, p. 485, § 4265, subd. 12. Surveyor, salary of, p. 485, § 4265, subd. 12. Tax collector, salary and commissions on licenses collected, p. 485, § 4265, subd. 6. Treasurer, salary of, p. 485, § 4265, subd. 5. IMPRISONMENT. See Sentence. Probationary treatment. See Probation. INCLOSURES. Entering upon without permission to hunt a misdemeanor, p. 110, §602. INCUMBRANCE. See Encumbrance. INDEMNITY. See Insurance. INDEPENDENT ORDER OF ODD FELLOWS. Grant of certain lands in San Diego to Lodge Xo. 153, p. 1205, Act 3158c. INDIANS. Money from national government for Indians in schools, p. 201, § 1543, subd. 17. Separate schools for Indian children, p. 221, § 1662. INDETERMINATE SENTENCES. See Sentence. INDORSEMENT. Negotiable instrument, of. See Negotiable Instruments. INDUSTRIAL ACCIDENT COMMISSION. Inspection of elevators by, p. 700, Act 1025b. Jurisdiction of over safety of employees of public utilities, p. 1035, Act 2143e. Permits for operation of steam boilers, to issue, p. 1269, Act 3890. INDUSTRIAL LOAN COMPANIES. Incorporation, powers and supervision of, p. 640, Act 777. INFANTS. See Orphan Asylums; Parent and Child. Adoption. Sec Adoption. Assignment or indorsement of negotiable instrument by, effect of, p. 64, § 3103. Employment of minors under certain ages, prohibition of, p. 841, Act 1611. Employment of, regulation of, p. 841, Act 1611. Hours of labor of, p. 841, Act 1611. J 1 legitimate child. See Legitimacy. Illiterate employment of prohibited, p. 841, Act 1611. .Juvenile court. See Juvenile Court. Juvenile court law, amendments of 1917, p. 954, Act 1770a. Ticase, j)roperty of infant, how long may be leased, p. 54, § 718. Whittier State Sciiool. See Whittier State School. INFANTRY. See National Guard. INDEX. 1455 INHERITANCE TAXES. See Taxation. INITIATIVE. See Eeferendum. Act does not apply to cities witii provision for initiative, p. S-12, Act 1624. Act docs not apply to street proceedings, p. S-±2, Act 1624. INJUNCTION. Diversion of water, action to enjoin, defense that water used for irri- gation and proceedings on, p. 12, § 534, INQUEST. Jury of, defined, p. 6, § 195. INSANE. See Insane As^dumsj Insane Persons. INSANE ASYLUMS. See Insane Persons. Agnews State Hospital, trustees authorized to grant rights of way for spur track to Soutliern Pacific Company, p. 852, Act 1648a. Escape, assisting escape or attempt to escape by inmate a misde- meanor, p. 1U3, § 109a. Lunacy commission, powers of enumerated, p. 253, § 2141. Pacific Colony for feeble-minded and epileptics, admission and com- mitments to, p. 842, Act 1648. Pacific Colony for feeble-minded and epileptics, establishment of, p. 842, Act 1648. Pacific Colony for feeble-minded and epileptics, funds for, p. 842, Act 1648. Pacific Colony for feeble-minded and epileptics, government and maintenance of, p. 842, Act 1648. Pacific Colony for feeble-minded and epileptics, penalty for aiding escape, p. 842, Act 1648. Pacific Colony for feeble-minded and epileptics, penalty for having people adjudged feeble-minded, p. 842, Act 1648. Pacific Colony for feeble-minded and epileptics, sterilization of in- mates, p. 842, Act 1648. Patients, transfer of patients from one hospital to another, p. 253, § 2187. Salaries of officers of, fixing of, p. 253, § 2141. Secretary of, term of office of, p. 253, § 2141. Stockton State Hospital, removal of bodies from cemetery and dis- position of, p. 842, Act 1635b. INSANE PERSONS. See Insane Asylums. Asexualization of, provision for, p. 558, Act 248; p. 842, Act 1648. Guardian for, at whose instance appointed, p. 40, § 242. Guardian, may be appointed by will or deed, p. 40, § 242. Guardian of, appointment of, rules for selection and designation of, p. 33, § 1764a. Lease, property of insane person, how long mav be leased, p. 54, §718. Patients, transfer from home for feeble-minded to state hospital, p. 253, § 2187. Teacher, deceased annuitant, collection by heirs or guardian of bal- ance due from teachers' pension fund, p. 29, § 1455. INSANITY. See Insane Asylums; Insane Persons. 1456 INDEX. INSECTS. Injurious insects, importation into state, prevention of, p. 853, Act 1651. INSOLVENCY. See Bankruptcy. INSPECTOR-GENERAL. See National Guard. INSTRUCTION. See Schools. INSURANCE COMMISSIONERS. See Insurance Companies. I>eputy of, salary of, p. 165, § 5S9. Examination of insurance companies by, powers, duties and proce- dure, p. 169, § 597. See Insurance Companies. Expenditures of, allowance and payment of, p. 165, § 591. License, suspension, revocation or refusal to grant, action to review, p. 176, § 633b. Offices, furniture, stationery, fuel, etc., p. 165, § 591. Report of investments to insurance commissioner and authority of, p. 47, § 421. Salary of, p. 165, § 589. Special fund, creation and amount of and how constituted, p. 165, §591. Surplus line brokers. See Insurance Companies. Traveling and other expenses of, p. 165, § 591. INSURANCE COMPANIES. See Insurance Commissioners. Accident, prevention of discriminations in connection with, p. 863, Act 1670a. Accident, standard provisions incorporated in, p. 863, Act 1670a. Agent, license to, provision relating to, p. 172, § 633. Assessment of real estate owned by, reduction of by state board of equalization, p. 336, § 3670a. Beneficiaries of workmen's compensation insurance policies, protec- tion against insolvency of insurance carriers, p. 1036, Act 2143f. Brokers, license to, provisions relating to, p. 174, § 633a. Certificate of authority, application for, examination of company, p. 169, §597. Certificate of authority, expiration of, p. 166, § 596. Certificate of authority from insurance commissioner necessary be- fore doing business, p. 166, § 596. Certificate of authority not to be granted or renewed to company in default, p. 166, § 596. (.'ertificate of authority, when not to issue, p. 169, § 597. Compliance with statutory provisions necessary before doing busi- ness, p. 166, § 596. ('onnty fire insurance companies, amendiiient of act for organization and management of, p. 853, Act ]6()7. Employers' liability ai-t of 1913, rejical of certain sections, p. 1039, Act 2144a. Employers' liability and workmen's compensation act of 1917, p. 988, Act 2143c. Examination of by insurance commissioners, powers, duties and pro- cedure, p. 169, § 597. Examination of state comjiensation insurance fund by commissioner authorized, p. 169, § 597. Eire, establishment of gnaraiity surjjlus funds and special reserve funds and limiting liability, p. 877, Act 1672m. INDEX. 1457 INSURANCE COMPANIES (Continued). Fire, establishment of guaranty surplus funds and special reserve funds, waiver of recourse against stockholders, p. 877, Act 1672m. Fire, may invest funds in what bonds or securities, p. 47, § 421. Fire, procedure in making investment, and record of, p. 47, § 421. Fire, investments, report of to commissioner and authority of com- missioner, p. 47, § 421. Foreign, deemed organized in states where statutory deposits main- tained, p. 169, § 597. Foreign countries, investments by corporations doing business in, p. 47, § 421. Health, incorporation of standard provisions in policy, p. 863, Act 1670a. Health, preventioir of discriminations in connection with, p. 863, Act 1670a. Indebtedness of liability insurance companies, how estimated, p. 170, § 602a. Indemnities, act of 1917, providing for reciprocal and inter-exchanges of, p. 872, Act 1672k. Indemnities, contracts for exchange of, repeal of act of 1911 relating to, p. 871, Act 1672c. Indemnities, reciprocal and inter-exchanges of, license fee, p. 872, Act 1672k. Investments by corporations doing business in foreign countries, p. 47, § 421. Investments, funds may be invested in what bonds or securities, p. 47, §421. Investments, procedure in making and record of, p. 47, § 421. Investments, report of to insurance commissioner and authority of commissioner, p. 47, § 421. Liability, indebtedness of, how estimated, p. 170, § 602a. License, suspension, revocation or refusal to grant, action to review, p. 176, § 633b. Life, beneficiary of installments, restraining disposition of by condi- tion in policy, p. 56, § 2767. Life, investments, procedure in making and record of, p. 47, § 421. Life, maj- invest funds in what bonds or securities, p. 47, § 421. Life, investments by in its own policies, p. 47, § 421. Life, investments, report of to commissioner and authority of com- missioner, p. 47, ?421. Marine, investments, procedure in making and record of, p. 47, § 421. Marine, may invest funds in what bonds or securities, p. 47, § 421. Marine, investments, report of to commissioner and authority of com- missioner, p. 47, § 421. Mutual insurance on assessment plan. See Mutual Insurance on Assessment Plan. Mutual insurance on investment plan, authority as to. See Mutual Insurance on Assessment Plan. Not authorized, acting as agent or soliciting insurance for, p. 166, § 596. Not authorized, conditions of soliciting insurance in on interstate carriers, p. 166, § 596. Not authorized, effecting insurance on one's own property in, p. 166, § 596. Police. See Police. 92 1458 INDEX. INSURANCE COMPANIES (Continued). Premium, eoutiaet to contain correct statement of, p. 176, § 633b. Premium, rebating of, provision against, p. 176, § 633b. Procuring insurance from companies not authorized, conditions of, p. 166, § 596. Social, commission to investigate and advise as to adoption of system of, p. 876, Act 1672 1. State board of equalization, must report to, p. 319, § 3666a. State board of equalization, report to, what to show, p. 319, § 3666a. State board of equalization, time to report to, p. 319, § 3666a. Surplus line brolcers, bond of, p. 166, § 596. Surplus line brokers, insurance with unauthorized companies to be procured through, p. 166, § 596. Surplus line brokers, license of, p. 166, § 596. Surplus line brokers, rights, duties and liabilities of, provision re- lating to, p. 166, § 596. Surplus line broker, tax on premium placed, p. 166, § 596. Title insurance, action on policy of when accrues, p. 10, § 339. Title insurance, limitation of action on policy of, p. 10, § 339. INSURANCE CORPORATIONS. Sec Insurance Commissioners; Insur- ance Companies. INTEREST. Date from which runs in negotiable instrument, where no date speci- fied, p. 63, § 3098. Loan, on. See Building and Loan Corporations. Payment of interest on secured claim by special administrator, p. 28, § 1418. State lauds, on sale of, p. 305, § 3513. INTERPLEADER. Double assessment by assessors of different counties, compelling coun- ties to interjjlead, p. 343, § 3804b. INTOXICATING LIQUORS. Adulterated or mislabeled, sale, manufacture or transportation ot, prevention of, p. 531, Act 29. State laboratory for, establishment of, p. 531, Act 29. INVESTMENT COMPANIES. (•(irpiirate set-urities act of 1917, p. 881, Act 1700. INVESTMENTS. Insurance companies, by. See Insurance Companies. Mutual insurance corporations on assessment plan. See Mutual In- surance Companies on Assessment Plan. INYO COUNTY. Assessor, salarv of, p. 503, § 4276, subd. 7. Auditor, salary of, p. 503, § 4276, subd. 4. Constables, foes of, p. 503, § 4276, subd. 14. Coroner, fees of. p. 503, § 4276, subd. 9. County clerk, dei.uty, aj.point nient and salary of, p. oO.V. S4-<(i, subd. 1. , , -, flounty clerk, salary of, p. 503, § 4276, subd. 1. District attorney, salary of, p. 503, § 4276, subd. 8. .Jurors, grand, fees and mileage, p. 505, § 4276a. INDEX. 1459 INYO COUNTY (Continued). Jurors, trial, fees and mileage, p. 505, § 4276a. Justices, salaries and fees of, p. 503, § 4276, subd. 13. Justices, supervisors, determining- population to townships for pur- pose of fixing salaries, p. 503, § 4276, subd. 16. OfBcial reporter, compensation, allowances and expenses of, p. 503, § 4276, subd. 16. Population of townships, supervisors determine for purpose of fixing salaries, p. 503, § 4276, subd. 16. Public administrator, fees of, p. 503, § 4276, subd. 10. Eecorder, copyists, appointment and compensation of, p. 503, § 4276, subd. 3. Recorder, fees to be paid into county treasury, p. 503, § 4276, subd. 3. Eecorder, salary of, p. 503, § 4276, subd. 3. Sheriff, salary and mileage, p. 503, § 4276, subd. 2. Sheriff, to pay salaries of deputies, p. 503, § 4276, subd. 2. Superintendent of schools, salary of, p. 503, § 4276, subd. 11. Supervisors, allowances to while serving as road commissioners, p. 503, § 4276, subd. 15. Supervisors, salary and mileage of, p. 503, § 4276, subd. 15. Surveyor, fees of, p. 503, § 4276, subd. 12. Tax collector, salary of, p. 503, § 4276, subd. 6. Treasurer, salary of, p. 503, § 4276, subd. 5. Witnesses, demanding fees and mileage in advance, p. 505, § 4276a. Witnesses, fees and mileage, p. 505, § 4276a. IRRIGATION. . Act of 1897 for irrigation and government of irrigation districts, amendments of 1917 to, p. 900, Act 1726. Act of 1913 making bonds of districts legal investments for trust funds, amendment of 1917 of, p. 916, Act 1732b. Baxter Creek irrigation district, proceedings for formation of vali- dated, p. 899, Act 1725 1. California irrigation act, creation of irrigation board under, p. 917, Act 17321. California irrigation act of 1915, amendments of 1917 to, p. 917, Act 17321. California irrigation act of 1915 as amended in 1917, p. 917, Act 1732i. California irrigation act, irrigation board, powers and duties of, p. 917, Act 1732i. California irrigation act, water districts formed under, management, control and supervision of, p. 917, Act 17321. California irrigation district act, p. 900, Act 1726. Carmichael Irrigation District, formation of validated, p. 89S, Act 1725e. Co-operation and contract between irrigation districts and United States for, water works, etc., p. 895, Act 17233. Co-operation between state and United States for storage of water for, p. 917, Act 1732i. Co-operation of districts with districts in adjoining states, p. 953, Act 1732 1. Districts authorized to contract with United States reclamation ser- vice for reclamation of lands, p. 951, Act 1732j. Happy Valley Irrigation District, formation of validated, p. 898, Act 1725f. 1460 INDEX. IRRIGATION ( Continued). Lindsay-Strathmore Irrigation District, formation of validated, p. 899, Act 1725J. Los Angeles County Drainage District Improvement No. 1, forma- tion of validated, p. 899, Act 1725m. Paradise Irrigation District, formation of validated, p. 898, Act l"25g. Princeton-Codora-Glenn Irrigation District, formation of validated, p. 900, Act 1725n. Private irrigation plant, defined, p. 952, Act 1732k. Private irrigation plant, delivery of water to other than members conditions as to, p. 952, Act 1732k. State lands within irrigation district subject to assessment, p. 1202, Act 2984. Stratford Irrigation district, formation of validated, p. 899, Act 172oh. Terra Bella Irrigation District, formation of validated, p. 899, Act 1725i. Use of water for as defense to action to enjoin for diversion, code provision relating to, p. 12, § 534. "West Side Irrigation District, formation of validated, p. 900, Act 1725k. J JACK RABBITS. See Game Laws. JITNEY BUSES. See Automobiles. JOINDER OF ACTIONS. Escheat proceedings, in, p. 24, § 1269. Stockholders, joinder of actions against, p. 43, § 322. JOINT DEBTORS. Presentment of negotiable instrument for payment in case of, p. 76, §3159. JOINT HIGHWAY DISTRICTS. Creation, orginiization and governniont of, ]). 780, Act 1458f. JOINT INDORSERS. Lialiilitv of. p. 74, § 3149. JOINT PARTY. Notice of dislionor of negotiable instrument, how given where par- ties are partners, p. 80, § 3181. JOINT TENANCY. See Cotenancy. JOINT UNION HIGH SCHOOL DISTRICTS. See Schools. JUDGE ADVOCATE-GENERAL. See National Guard. JUDGES. iJistrict Court of Appeal, of. See District Courts of Appeal. SiiiKTior judges. See Suj^erior Judges. JUDGMENTS. A|.|,calaljlc, what judgments arc, p. 20, § 963. INDEX, 1461 JUDGMENTS (Continued). Entry of in tlocket, what to show, p. 17, § 671. Entry of in docket, duty of clerk, p. 17, § G71. Federal courts, entry of in docket where transcript of filed with county clerk, p. 17, § G71a. Federal courts, filed for record with county recorder, recording and indexing, p. 17, § G71a. Federal courts, lien of where filed for record with county recorder, p. 17, § 671a. Federal courts, niav bo filed for record with county recorder, p. 17, §671a. Federal court, of, transcript of may be filed with county clerk, p. 17, § 671a. Lien of, duration of, p. 17, § 671. Lien of, effect of appeal on, p. 17, § 671. Lien of judgment of federal court, p. 17, § 671a. Lien of, when begins, p. 17, § 671. Probationary treatment. See Probation. Relief against, application for to be accompanied with answer, p. 11, §473. Relief against, cannot be granted after six mouths, p. 11, § 473. Relief against,- defendant not personally served may be allowed to answer within year, after judgment, p. 11, § 473. Relief against, grounds of, p. 11, § 473. Relief against, power of court as to, p. 11, § 473. Sentence. See Sentence. To direct prisoner to be taken to warden of San Quentin prison, p. 149, § 1202a. JUDICIAL SALES. Change of possession not necessary, p. 100, § 3440. JUNIOR COLLEGE COURSES. See Schools. JURISDICTION. Justices' Courts, of. See Justices' Courts. Juvenile court. See Juvenile Court. JURORS. See Jury; Jury Commissioners. Box, deposit of names in by clerk, p. 9, § 246. Box, sealing, locking and opening, p. 9, § 246. Clerk to call list at opening of court, p. 9, § 246. Clerk to write names on ballots and deposit in jury-box, p. 9, § 246. Elisor, appointment of to summon, p. 8, § 226. Excuse of, accepting affidavit of excuse without personal appearance, p. 9, § 246. Excuse from service, grounds for, p. 6, § 201. Excuses of jurors summoned, hearing of, p. 9, § 246. Fees, duty of clerk of court in relation to, p. 707, Act 1119. Fees of grand and trial jurors, p. 707, Act 1119. Fees, payment of in case of discharge of jury without finding ver- dict, p. 707, Act 1119. Fees to be deposited in advance, p. 707, Act 1119. Lists of jurors by whom and when to be made, p. 6, § 204. Xumber required, superior court to designate, p. 6, § 204. Selection of. See Jury Commissioner. Selection and listing of, p. 6, § 204. Selection in cities and counties over 100,000, manner of, p. 6, § 204. 1462 INDEX. ♦ * JURORS (Continued). Selection of by judges from lists furnished by jury commissioner, p. 8, § 204d. Selection of, judges not confined to lists prepared by jury commis- sioner, p. 8, § 204d. Summoning, where sufficient number not drawn or do not appear, procedure, p. 8, § 226. Superior judges to select in cities over 100,000, p. 6, § 204. Women, eligibility of, p. 6, § 204. JURY. See Jurors; Jury Commissioner. Definition of, p. 5, § 190. Grand. See Grand Jury. Inquest, jury of defined, p. 6, § 195. Misdemeanor, number of trial jury in cases of, p. 6, § 194. Powers of, p. 5, § 190. Trial, definition of, p. 6, § 193. Trial jury, number of, p. 6, § 194. JURY COMMISSIONERS. Appointment of, majority of superior judges may appoint, p. 7, § 204a. Creation of office of, p. 7, § 204a. Duties and powers of, p. 7, § 204c. Expenses, traveling, allowance of to, p. 7, § 204c. Lists of jurors by, superior judges not confined to in selecting jurors, p. 8, § 204d. Lists of jurors, returning to judges by, p. 8, § 204d. Lists of jurors, selection of jurors from hy superior judges, p. 8, § 204d. Lists of jurors, to furnisli to superior judges annually, p. 7, § 204b. Powers and duties of, p. 7, § 204c. Eules and instructions for guidance of, superior judges may adopt, p. 7, § 204b. Salary of, amount of and how audited and paid, p. 7, § 204a. Secretary of superior judges, appointment of to act as, p. 8, § 204e. Secretary of superior judges, appointed to act as, salary of, p. 8, § 204e. Selection of jurors by, p. 7, § 204a. Selection of jurors by judges from lists furnished by jury commis- sioner, p. 8, § 204d. Under supervision and control of superior judges, p. 7, § 204b. JUSTICES' CLERKS. Cities and counties over 400,000, civil service laws, when applicable to clerk and deputies, p. 2, § 86. Cities and counties over 400,000, clerk of, appointment of, p. 2, § 86. Cities and counties over 400,000, clerk of, deputies and assistants, number, appointment and salaries, p. 2, § 86. Cities and counties over 400,000, clerk of, holds during good behavior, p. 2, § 86. Cities and counties over 100,000, clerk of, ontli, bond and salary, p. 2, §86. Cities and coiinlies over 400,000, clerk of, salary, how paid, p. 2, § 86. Cities and counties over 400,000, clerk of, salary to l)e in lieu of fees, p. 2, § 86. Cities and connties over 400,000, powers and duties of, p. 2, § 86. Counties of third class, clerk ami deputy, appointment of, p. 4, § 103e. INDEX. 1463 JUSTICES' CLERKS (Continued). Counties of third class, cJcrk and deputy, oath and bond, p. 4, § HJ3e. Counties of third class, cdork and deputy, powers and duties of, p. 4, § 103c. Counties of third class, clerk and deputy, salaries of and how paid, p. 4, § 103c. Counties of third class, fees, collection, accounting and payment into treasury, p. 4, § 103c. Counties of third class, office for, supervisors to provide, p. 4, § 103c. Counties of third class, office hours of, p. 4, § 103c. Counties of third class, one justice's clerk and one deputy in, p. 4, §103c. JUSTICES' COURTS. Address of party, duty to enter in register of action, p. 17, § 850. Address of party, service of notice of trial, manner of where address filed, p. 17, § 850, Address, party appearing in person, to leave with justice, p. 17, § 850. Attachment, direction of writ to sheriff, p. 19, § 868. Attachment, keeper, fees of and i^repaymeBt of, p. 19, § 868. Attachment, form of and contents, p. 19, § 868. Attachment, keeper how long may be kept in possession, p. 19, § 868. Attachment, keeper may be placed in charge, when, p. 19, § 868. Attachment, keeper, sheriff to take property from after two days, p. 19, § 868. Attachment, several writs may issue at same time, p. 19, § 868. Attachment, substance of writ, p. 19, § 868. Attachment, to be served out of county, certificate to, p. 19, § 868. Attachments, to whom directed, p. 19, § 868. Attachment, undertaking to release by one of several defendants, effect on property of other defendants, p. 19, § 868. Attachment, undertaking to release by one of several defendants, right to give and obligation under, p. 19, § 868. Attachment, what to require, p. 19, § 868. Cities, of, jurisdiction of, p. 2, § 103. Date of trial and hearing to be entered in docket, p. 17, § 850. Notice of trial, form and service, p. 17, § 850. Notice of trial, return and entry of, p. 17, § 850. Notice of trial, to whom given, p. 17, § 850. Notice of trial. See post. Trial, this subject. One hour in which to appear after time fixed in notice, p. 17, § 850. Townships, number of justices courts in, p. 2, § 103. Trial, date of to be entered in docket, p. 17, § 850. Trial, date of to be entered in minutes, p. 17, § 850. Trial, duty of justice to fix day of, p. 17, § 850. Trial, notice of, entry of service in docket, p. 17, § 850. Trial, notice of, form of, p. 17, § 850. Trial, notice of, how served, p. 17, § 850. Trial, notice of, how served where party has appeared by attorney, p. 17, § 850. Trial, notice of, return and filing of, p. 17, § 850. Trial, notice of, service of, p. 17, § 850. Trial, notice of, service of where party files address -with justice, p. 17, § 850. Trial, notice of, time of service, p. 17, § 850. Trial, notice of, to be given, p. 17, § 850. 1464 INDEX. JUSTICES' gOURTS (Continued). Trial, notice of, to whom given, p. 17, § 850. Trial, notice of, when may be served by mail, p. 17, § 850. Trial, notice of, who may serve, p. 17, § 850. Trial, parties entitled to one hour in which to appear, p. 17, § 850. JUSTICES OF THE PEACE. Cities, jurisdiction and powers of, p. 2, § 103. Cities of first class, must have been admitted to practice law, p. 2, § 103. Cities of first and one-half class, must have been admitted to practice law, p. 2, § 103. Cities of first and one-half class, number of justices in, p. 2, § 103. Cities of first and one-half class, salaries of, p. 2, § 103. Cities of second class, must have been admitted to practice law, p. 2, §103. Cities of second class, number of justices in, p. 2, § 103. Cities of second class, salaries of, p. 2, § 103. Cities of second and one-half class, must have been admitted to prac- tice law, p. 2, § 103. Cities of second and one-half class, salaries of, p. 2, § 103. Cities of third class, must have been admitted to practice law, p. 2, § 103. Cities of the third class, number of justices and election of, p. 2, §103. Cities of third class, salaries of, p. 2, § 103. Cities of the fourth class, number of justices in and election of, p. 2, §103. Cities of fourth class, salaries of, p. 2, § 103. Fees, collected by, report of and payment into treasury, p. 2, § 103. Law, cannot practice before another justice, p. 2, § 103. Offices, duty of authorities to provide with, p. 2, § 103. Partner practicing law, justice of the peace cannot have, p. 2, § 103. Salaries are sole compensation, p. 2, § 103. Salaries of and how paid, p. 2, § 103. Townships, election of in, p. 2, § 103. JUVENILE COURT. Parent omitting to provide for child, jurisdiction of juvenile court over, p. 103, § 270. Whittier State School. See Whitticr State School. JUVENILE COURT LAW. Ollicera and assistants and salaries of in various counties, p. 954, Act 1770a. K KEEPERS. .Instice's court, in, p. 19, § 8G8. See Justices' Courts. KELP. Control of is in i\i-h and game commission, p. 957, Act 1782. F/iccnse tax upon persons taking, p. 957, Act 1782. Ownership of declared to be in state, p. 957, Act 1782. I'rivilege tax upon taking of, p. 957, Act 1782. liegulation of taking and harvesting of, p. 957, Act 1782. INDEX. 1465 KEEN COUNTY. Assessor, deputies and assistants, appointment, number and compen- sation, p. 389, § 4240, subd. 7. Assessor, fees and commissions to be pai. 496, § 4271, subd. 1. County clerk, salary of, p. 496, § 4271, subd. 1. District attorney, salary of, p. 496, § 4271, subd. 8. District attorney, stenographer, appointment and salary, p. 496, § 4271, subd. 8. Justices of the peace, salaries of, p. 496, § 4271, subd. 13. Official reporter, fees of, p. 496, § 4271, subd. 16. Probation officer and salary of, p. 956, Act 1770a, § 19ni. Public administrator, fees of, p. 496, § 427.1, subd. 10. Eecorder, deputy, appointment and salary, p. 496, § 4271, subd. 3. Recorder, fees, what portion to pay into treasury, and what may keep, p. 496, § 4271, subd. 3. Eecorder, salary of, p. 496, § 4271, subd. 3. Sheriff, deputy, appointment and salary, p. 496, § 4271, subd. 2. Sheriff, salary, fees, mileage, commissions and expenses of, p. 496, § 4271, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 496, § 4271, subd. 11. Superintendent of schools, salary of, p. 496, § 4271, subd. 11. Superyisors, compensation as road commissioners, p. 496, § 4:271, subd. 15. Supervisors, salary and mileage, p. 496, § 4271, subd. 15. Superyisors, to act as road commissioners, p. 496, § 4271, subd. 15. Surveyor, compensation and expenses, p. 496, § 4271, subd. 12. Tax collector, deputy, appointment and salary, p. 496, § 4271, subd. 6. Tax collector, salarj^ of, p. 496, § 4271, subd. 6. Treasurer, salary of, p. 496, § 4271, subd. 5. MAINTENANCE. Action by wife for without divorce. See Husband and Wife. Wife, action for maintenance without divorce. See Husband and Wife. MAKERS. See Negotiable Instruments. MAMMALS. See Game Laws. MANUFACTURES. Adulterated or mislabeled foods or liquors, prevention of manufacture of, p. 531, Act 29. Articles made in prisons or reformatories to be labeled, p. 984, Act 2103. Labor commissioner to notify boards of health of establishment of, p. 983, Act 2063. Notice that articles made at prisons or reformatories are for sale, p. 984, Act 2103. Registration of factories with labor bureau, p. 983, Act 2063. 93 1474 INDEX. MAPS. Deeds referring to defective maps validated, p. 983, Act 2066. Defects in maps filed before January 1, 1917, validated, p. 983, Act 2066. MARIN COUNTY. Assessor, deputy and copyist, appointment and salary, p. 441, § 4251, subd. 7. Assessor, salary, commissious and fees, p. 441, § 4251, subd. 7. Auditor, deputies and salary of, p. 441, § 4251, subd. 4. Auditor, salary of, p. 441, § 4251, subd. 4. Board of education, compensation and mileage, p. 441, § 4251, subd. 16. Constables, allowances and fees of, p. 441, § 4251, subd. 14. Coroner, fees of, p. 441, § 4251, subd. 10. County clerk, deputies, appointment and salary, p. 441, § 4251, subd. 1. County clerk, salary and allowances, p. 441, § 4251, subd. 1. District attorney, deputy and stenographer, appointment and sal- aries of, p. 441, § 4251, subd. 8. District attorney, salary of, p. 441, § 4251, subd. 8. Justices, classification of townships for fixing salaries of, p. 441, §4251 subd. 13. Justices, fees collected to be paid into treasury monthly, p. 441, § 4251, subd. 13. Justices, population of townships for fixing salaries, p. 441, § 4251, subd. 13. Justices, salaries of, p. 441, § 4251, subd. 13. Justices, salaries are in full compensation for services, p. 441, § 4251, subd. 13. Probation officer and assistants and salaries of, p. 955, Act 19e. Public administrator, fees of, p. 441, § 4251, subd. 11. Recorder, deputy and copyists, appointment and salary of, p. 441, § 4251, subd. 3. Recorder, salary of, p. 441, § 4251, subd. 3. Sheriff, deputy, appointment and salary, p. 441, § 4251, subd. 2. Sheriff, salary and fees of, p. 441, § 4251, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 441, § 4251, subd. 9. Superintendent of schools, salary and expenses, p. 441, § 4251, subd. 9. Supervisors, mileage as road overseers, p. 441, § 4251, subd. 15. Supervisors, salary and mileage of, p. 441, § 4251, subd. 15. Surveyor, fees of, p. 441, § 4251, subd. 12. Tax collector, deputies and copyist, appointment and salaries, p. 441, § 4251, subd. 6. Tax collector, salary of, p. 441, § 4251, subd. 6. Treasurer, salary of, p. 441, § 4251, subd. 5. MARINE INSURANCE. See Insurance. MARINES. See Soldiers and Sailors. License tax, exemption of honorably discharged marines from, p. 280, § 3366. MARIPOSA COUNTY. Assessor, salary of, p. 518, § 4283, subd. 7. Auditor, palary of, p. 518, § 4283, subd. 4. Constables, fees of, p. 518, § 4283, subd. 14; INDEX. 1475 MARIPOSA COUNTY (Contiuued). Coroner, fees of, p. 518, § 4283, subd. 9. County clerk, salary of, p. 518, § 4283, subd. 1. District attorney, salary of, p. 518, § 4283, subd. 8. Jurors, grand, fees and mileage, p. 518, § 4283, subd. 16. Jurors, trial, fees and mileage, p. 518, § 4283, subd. 16. Justices, compensation of, p. 518, § 4283, subd. 13. Public administrator, fees of, p. 518, § 4283, subd. 10. Eecorder, fees, what may retain and what to pay to treasury, p. 518, § 4283, subd. 3. Recorder, salary of, p. 518, § 4283, subd. 3. Sheriff, salary of, p. 518, § 4283, subd. 2. Superintendent of schools, salary and expenses of, p. 518, § 4283, subd. 11. Supervisors, compensation and mileage, p. 518, § 4283, subd. 15. Supervisors, compensation as road commissioners, p. 518, § 4283, subd. 15. Surveyor, fees of, p. 518, § 4283, subd. 12. Tax collector, salary and percentage on licenses collected, p. 518, § 4283, subd. 6. Treasurer, salary of, p. 518, § 4283, subd. 5. MARKETS. See State Commission Market; State Market Commission. MARKS AND BRANDS. Articles made in prisons or reformatories to be labeled, p. 984, Act 2103. Cattle brands, inspection of cattle and hides for, p. 548, Act 184a. Cattle brands, registration of, p. 548, Act 184a. Perpetuation of, act providing for, p. 985, Act 2103. MARRIAGE. See Vital Statistics. MARRIED WOMEN. See Husband and Wife. MARTINS. See Game Laws. MASTER AND SERVANT. Beneficiaries of workmen's compensation insurance policies, pro- tection against insolvency of insurance carriers, p. 1036, Act 2143f. Bond required of employee, employer to pay costs of, p. 9S7, Act 2140e. Coercion of employees in purchasing things of value by employee, prevention of, p. 986, Act 2135. Compensation, taking of in consideration of hiring, prevention of, p. 987, Act 2110c; p. 1034, Act 2143d. Employer's liability act of 1913, repeal of certain sections, p. 1039, Act 2144a. Employer's liability and workmen's compensation act of 1917, p. 988, Act 2143c. Female employees, act limiting hours of labor, p. 839, Act 1537. Hospital service to emplovees, regulation of employer furnishing, p. 1040, Act 2144g. Hours of labor for women, act limiting, p. 839, Act 1537. Hours of rest for city employees employed more than one hundred and twenty hours a week, p. 1131, Act 2389 1. Infant employees. See Infants. 1476 INDEX. t MASTER AND SERVANT (Continued). Labor commissioner to enforce law preventing talcing compensatiou in consideration of employment, p. 987, Act 2140c: p. 1034, Act 2143d. Labor commissioner. See Labor Commissioner. Occupational diseases, repeal of act relating to report of, p. 1151, Act 2827. Photograph required of employee, employer to pay cost of, p. 987, Act 2140e. Safety of employees of public utilities, jurisdiction of industrial accident commission and railroad commission over, p. 1035, Act 2143e. Semi-monthly pay days for employees of counties of first and second classes, p. 987, Act 2142a. Service letters, public utility corporations to furnish employees leav- ing service with, p. 986, Act 2139b. Wiping rags not to be cleaned in laundry, p. 1157, Act 2840b. Measures. See Weights and Measures. MEAT. See Cattle. Inspection of animals slaughtered for food, p. 715, Act 1206. MEDICINE. Amendments of 1917 of act of 1913 regulating the practice of medicine, p. 1040, Act 2164. Physicians, duties in relation to registration of births and deaths, ' p. 1358, Act 4302. MENDOCINO COUNTY. Boundary between and Lake county, establishment of, p. 646, Act 826c". Boundary between and Sonoma county, establishment of, p. 646, Act 826a. MERCED COUNTY. Assessor, deputies, number, appointment, duties and salaries, p. 479, § 4262, subd. 7. Assessor, salary and fees of, p. 479, § 4262, subd. 7. Auditor, deputy, appointment and salary, p. 479, § 4262, subd. 4. Auditor, salary of, p. 479, § 4262, subd. 4. Constables, classification of townships and ascertaining of population for jiurpose of fixing salaries of, p. 479, § 4262, subd. 13. Constables, salaries, fees and expenses of, p. 479, § 4262, subd. 14. Coroner, fees of, p. 479, § 4262, subd. 9. County clerk, deputies and copyists, appointment and salaries, p. 479, § 4262, subd. 1. County clerk, salary and allowance of, p. 479, § 4262, subd. 1. Di.strict attorney, salary of, p. 479, § 4262, subd. 8. District attorney, slenograjiher, appointment and salary, )). 479, §4262, subd. 8. .Tnrors, grand, fees and mileage, p. 479, § 4262, sul)d. 17. .hirors, trial, fees and mileage, p. 479, § 4262, subd. 17. .Justices, classification of townships and ascertaining of population for purpose of fixing salaries, p. 479, § 4262, subd. 13. .Tnslices, salaries and fees, p. 479, § 4262, subd. 13. Librarian of free; library, salary of, p. 722, Act 1248a. Odicial reporter of superior court, fees of, § 4262, subd. 16. I'robation ollicer and .salary of, p. 955, § 19i, Act 1770a. J-'ublic administrator, fees of, p. 479, § 4262, subd. 10. INDEX. 1477 MERCED COUNTY (Contiuucd). Public defender, salary of in case office is created, p. 479, § 4262, subd. 18. Recorder, copyists, appointment and salaries, p. 479, § 4262, subd. 3. Recorder, salary of, p. 479, § 4262, subd. 3. Salaries of officers, how paid, p. 479, § 4262, subd. 20. Sheriff, deputies, appointment and salaries, p. 479, § 4262, subd. 2. Sheriff, salary and expenses of, p. 479, § 4262, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 479, §4262, subd. 11. Superintendent of schools, salary and expenses of, p. 4 79, § 4262, subd. 11. Supervisors, classification of townships by, p. 479, § 4262, subd. 13. Supervisors, mileage as road commissioners, p. 479, § 4262, subd. 15. Supervisors, salaries and mileage, p. 479, § 4262, subd. 15. Surveyor, fees of, p. 479, § 4262, subd. 12. Surveyor, revising plats for assessor and compensation for, p. 479, § 4262, subd. 12. Tax collector, deputies, appointment and salaries of, p. 479, § 4262, subd. 6. Tax collector, salary of, p. 479, § 4262, subd. 6, Time of taking effect of provisions of section relating to, p. 479, § 4262, subd. 20. Treasurer, salary of, p. 479, § 4262, subd. 5. METERS. See Electricity. MICE. See Game Laws. MIDWIVES. See Medicine. MILITARY COMPANIES. State defense guard, creation, control, compensation and duties, p. 1060, Act 2203. MILITARY RESERVATION. Acceptance bv state of cession of portion of Presidio, San Francisco, p. 1355, Act 4219. MILITARY COURTS. See National Guard. MILITIA. See National Guard; Soldiers and Sailors. MILK. Act of 1915 relating to sale, grading and inspection of, repeal ot, p. 533, Acts 47b, 47c. Grading of, p. 533, Act 47c. Ice-cream declared a milk product, p. 533, Act 47c. Inspection service, establishment of in cities and counties, p. 533, Act 47c. Sale of impure and unwholesome, prevention of, p. 533, Act 47c. MINES AND MINING. See Gas; Oil. State mining bureau. See State Mining Bureau. MINISTERS. See Clergymen. MINKS. See Game Laws. , MINORS. See Infants. 1478 INDEX. MISDEMEANOR. Advertisements, posting on public or private property without license, p. 110, § 602. Banks, director concurring in loan to another director, p. 108, § 561d. Bank, direct-or, officer or employee making deposit of funds with another bank in consideration of loan, p. 108, § 561d. Bank, director participating in fraudulent insolvency, p. 108, § 561b. Banks, directors, willful acts or omissions of, p. 108, § 561b. Banks, false statements or rumors as to solvency, making or starting a misdemeanor, p. 109, § 563b. Banks, officer creating liability beyond amount legally permissible, p. 108, § 561c. Banks, officer or employee concealing or failing to report loans or discounts, p. 108, § 561d. Banks, officer or emplovee failing to report purchase of securities, p, 108, § 561d. Commissioner of horticulture, violation of act relating to, p. 271, § 2322J. Electricity, tampering with, p. 106, § 499a. Escape from state hospital, aiding escape or attempt to escape of inmate from, p. 103, § 109a. Fences, opening or tearing down, p. 110, § 602. Flag, defiling, defacing or mutilating, p. 103, § 310. Flag, putting advertisement on, p, 103, § 310. Freehold, malicious injuries to, p, 110, § 602. Gambling, permitting in houses owned or rented, p. 104, § 331. Game laws, violation of. See Game Laws. Garage-keeper, defrauding, p. 107, § 537d. Growing trees, cutting down, injuring or destroying, p. 110, § 602. Highways, signs or signboards on, tearing down, p. 110, § 602. Inclosures, entering upon to hunt without permission, p. 110, § 602. Jurors, number of in cases of, p. 6, § 194. Malicious injuries to freehold, p. 110, § 602. Notices, posting on public or private property without consent, p. 110, § 602. Oysters, injuring, gathering or taking away, p. 110, § 602. Oysters, trespassing upon lands where oysters planted, p. 110, § 602. Parent omitting to provide for child, p. 103, § 270. Sales, false rejiresentations as to dealer, manufacturer or producer, p. 104, § 351a. Shooting, tearing down or injuring signs forbidding shooting, p. 110, §602. Signs or signboards on highways, tearing down, p. 110, § 602. State board of equalization, failure to report to by company subject to franchise tax, p. 323, § 3667b. State board of equalization, false statements in report to by com- pany subject to franchise tax, p. 323, § 3667b. State commissioner of horticulture, refusal to comply with orders of, p. 262, § 2319k. Steam boilers, operation of without permit, {>. 1269, Act 3890. Ticket, pass, mileage or commutation-book or coupon, etc., sale of by any but original issuer, p. 105, § 483. MISSIONS. See Historic Property. INDEX. 1479 MISTAKES, Correcting by amendment, p. II, § 473. Name of indorsee or payee, in, instrument, how indorsed, p. 68, § 3124. MODOC COUNTY. Assessor, deputy, appointment and salary, p. 508, § 4278, subd. 7. Assessor, salary of, p. 508, § 4278, subd. 7. Auditor, salary of, p. 508, § 4278, subd. 4. Constables, fees of, p. 508, § 4278, subd. 14. Constables, salaries of, p. 508, § 4278, subd. 14. Coroner, fees of, p. 508, § 4278, subd. 9. County clerk, cop.yist, appointment and salary, p. 508, § 4278, subd. 1. County clerk, salary and allowance of, p. 508, § 4278, subd. 1. District attorney, salary of, p. 508, § 4278, subd. 8. Juror, grand, fees and mileage, p. 508, § 4278, subd. 17. Juror, trial, fees and mileage, p. 508, § 4278, subd. 17. Justices, codes, stationery, blanks and forms to be furnished to, p. 508, § 4278, subd. 13. Justices, salaries of, p. 508, § 4278, subd. 13. Official reporter, allowances, fees and expenses, p. 508, § 4278, subd. Ifi. Public administrator, fees of, p. 508, § 4278, subd. 10. Recorder, cojiyist, appointment and salary, p. 508, § 4278, subd. 3. Recorder, salary of, p. 508, § 4278, subd. 3. Sheriff, deputy, appointment and salary of, p. 508, § 4278, subd. 2. Sheriff, salary of, p. 508. § 4278, subd. 2. Superintendent of schools, salary and expenses of, p. 508, § 4278, subd. 11. Supervisors, compensation of, p. 508, § 4278, subd. 15. Surveyor, fees of, p. 508, § 4278, subd. 12. Tax collector, assistant, appointment and compensation of, p. 508, § 4278, subd. 6. Tax collector, salary of and percentage on licenses collected, p. 508, § 4278, subd. 6." Treasurer, salary of, p. 508, § 4278, subd. 5. MOLES. See Game Laws. MONGOLIANS. Separate schools for Mongolian children, p. 221, § 1662. MONO COUNTY. Assessor, salary of, p. 521, § 4286, subd. 7. Auditor, salary of, p. 521, § 4286, subd. 4. Constables, classification of townships for purpose of fixing compen- sation of, p. 521, § 4286, subd. 13. Constables, salaries of, p. 521, § 4286, subd. 14. Constables, salaries to be in full compensation, p. 521, § 4286, subd. 14. Coroner, fees of, p. 521, § 4286, subd. 9. County clerk, salary of, p. 521, § 4286, subd. 1. District attorney, salary of, p. 521, § 4286, subd. 8. Jurors, trial, fees and mileage of, p. 521, § 4286, subd. 16. Jurors, grand, fees and mileage of, p. 521, § 4286, subd. 16. Justices of the peace, classification of townships for purpose of regu- lating compensation of, p. 521, § 4286, subd. 13. Justices, salaries of, p. 521, § 4286, subd. 14. Justices, salaries to be in full compensation, p. 521, § 4286, subd. 14. 1480 INDEX. MONO COUNTY (Continued). Public administrator, fees of, p. 521, § 4286, subd. 10. Eeeorder, copyist, appointment and salary of, p. 521, § 4286, subd. 3. Recorder, salary of, p. 521, § 4286, subd. 3. Sherifie, salary of, p. 521, § 4286, subd. 2. Superintendent of schools, salary of, p. 521, § 4286, subd. 11. Supervisors, compensation and mileage of, p. 521, § 4286, subd. 15. Supervisors, compensation as road overseer, p. 521, § 4286, subd. 15. Surveyor, fees of, p. 521, § 4286, subd. 12. Tax collector, salary of, p. 521, § 4286, subd. 6. Treasurer, salary of, p. 521, § 4286, subd. 5. MONTEREY BAY. Breakwater, appropriations to aid in construction of, p. 1078, Acts 2317, 3218. MONTEREY COUNTY. Assessor, deputy, appointment and salary of, p. 444, § 4252, subd. 7. Assessor, salary, commissions and allowances of, p. 444, § 4252, subd. 7. Auditor, appointment and salary, p. 444, § 4252, subd. 4. Auditor, deputies and assistants, number, appointment and salaries, p. 444, § 4252, subd. 13. Auditor, salary of, p. 444, § 4252, subd. 4. Constables, population of townships, how ascertained for purpose of fixing salaries, p. 444, § 4252, subd. 17. Constables, salaries, expenses, mileage and fees of, p. 444, § 4252, subd. 14. Coroner, fees of, p. 444, § 4252, subd. 9. County clerk, extra compensation as registrar, p. 444, § 4252, subd. 1. County clerk, deputy, appointment and salary, p. 444, § 4252, subd. 1. County clerk, salary, fees and commissions of, p. 444, § 4252, subd. 1. District attornev, deputies, number, appointment and salaries, p. 444, § 4252, subd. 8. District attorney, salary of, p. 444, § 4252, subd. 8. Jurors, grand, fees and mileage of, p. 447, § 4252a. .Jurors, trial, fees and mileage of, p. 447, § 4252a. Justices, fines to be paid to treasurer, monthh', p. 444, § 4252, subd. 13. Justices, salaries and fees of, p. 444, § 4252, subd. 13. Justices, population of counties, how ascertained for purpose of fixing salaries, p. 444, § 4252, subd. 17. Official reporter, compensation of, p. 444, § 4252, subd. 16. Probation officer and assistants and salaries of, pp. 955, 956, Act 1770a, §§ 19e, 19i. Public administrator, fees of, p. 444, § 4252, sul)d. 10. Recorder, salary of, p. 444, § 4252, subd. 3. Recorder, deputies, appointment and salary of, p. 444, § 4252, subd. 3. Sheriff, deputies, appointment and salaries of, p. 444, § 4252, subd. 2. Sheriff, fees, commissions, mileage and salarv of, ]>. 444, § 4252, subd. 2. . Superintendent of schools, dcimtv. appoinliiiont and salarv, p. 444, § 4252, subd. 11. Superintendent of schools, sahiiv and cxjicnses of, j). 444, § 4252, subd. 11. Supervisors, compensation ol', ]). 411, §1252, subd. 15. Su|)ervisorH, mileage for services as I'oad commissioners, p. 444, § •1252, subd. 15. INDEX. 1481 MONTEREY COUNTY (Continued). Surveyor, salary, exi)eiises, and allowance of, p. 444, § 4252, subd. 12. Tax collector, deputies, ap[iointnient and salary, p. 444, § 4252, subd. 6. Tax collector, salary, p. 444, § 4252, subd. 6. Treasurer, salary, fees and commissions of, p. 444, § 4252, subd. 5. MONTH. School, repeal of section defining, p. 225, § 16y7. School, what is, p. 223, § 1670. MONUMENTS. Historic spots, erection of monuments to commemorate, p. ,'34S, § 4n52c. MORTGAGES. " Change of possession not necessary on mortgage of exempt prop- erty, p. 100, § 3440. Change of possession not necessary where made under order of court or by officer, p. 100, § 3440. Community property, limitation of action to set aside after mort- gage by husband alone, p. 38, § 172a. Community property, mortgage by husband alone, presumption of validity of, }). 38, § 172a. Community property, wife must join in mortgage of, p. 38, § 172a. Power of sale in, iiow exercised, p. 56, § 2924. Transfer of personalty, when a mortgage and when a pledge, p. 56, § 2924. Transfers, what deemed to be mortgages, p. 56, § 2924. MOTHERS. Aid for lialf-orphan children maintained at home. See Orphans. MOTOR VEHICLES. See Automobiles. MOUNTAIN SHEEP. See Game Laws. MOUNT TAMALPAIS. See Tamalpais. MUD-HEN. See Came Laws. MUNICIPAL CORPORATIONS. Automobiles, regulation of carrsing persons or property for hire bv, p. 1109, Act 2331(1. Annexation of territory to, amendment of act of 1889 relating to, p. 1122, Act 2374." Annexation of territory to, amendment of act of 1913 relating to, p. 1122, Act 2374a.' Bonded indebtedness, payment to cities by controller of taxes neces- sary to pay. p. 337,' § 3670b; p. 33S,'§ 3670e. Bonds for improvements, cancellation of unsold, p. 1121, Act 2371. Bonds, furnishing board of control with proceedings leading up to issuance of, p. 178, § 678. Bonds, issuance of legalized, p. 600, Act 3S9a. Bonds issued for public improvements, validation of, p. 1122 Act 2371a. Bonds, no assurance to be required from state on bid for, p. 178, § 678. Bonds, notice to certain state officers of issuance of. contents of, p. 178, § 678. 1482 INDEX. MUNICIPAL CORPORATIONS (Continued). Bonds, notifying state board of control and state treasurer of issu- ance of, p. 178, § 678. Buildings in. See Buildings. Consolidation of, amendment of act of 1913 relating to, p. 1127, Act 2383a. Deadly weapons, carrying of in cities prohibited, p. 651, Act 889. Harbors, cities authorized to improve, p. 1131, Act 2389k. Hours of rest for persons employed more than one hundred and twenty hours a week, p. 1131, Act 2389 1. Lease, city lots, terms for which may be leased, p. 54, § 718. Lease, lands belonging to city, how long may be leased, p. 54, § 718. Lease, sewer farm and sewage of city, how long may be leased, p. 54, § 71S. Lease, tide-lands of city, how long may be leased, p. 54, § 718. Lease, tide-lands of city, purposes for which may be leased, p. 54, § 718. Municipal corporation bill of 1883, amendments of 1917, p. 1115, Act 2348. Officers, resignations of how and to whom made, p. 180, § 995. Parks, authorized to acquire and to establish assessment districts, p. 1173, Act 2884. Particular city. See particular title. Paupers, maintenance of, duty of supervisors, p. 1140, Act 2631. Playgrounds, authorized to acquire and to establish playgrounds, p. 1173, Act 2884. Probation officers and assistants and salaries of, p. 955, Act 1770a, subd. 19i. Road division, may be included in, p. 277, § 2745. MUNICIPAL WATER DISTRICTS. Bonds of, legal investments for bank, school and trust funds, p. 599, Act 3S7a. MUTUAL BENEFIT SOCIETIES. See Benefit Societies. MUTUAL INSURANCE ON ASSESSMENT PLAN. Code provisions applicable to, p. 50, § 453e. Contracts, conditions precedent to issuing, p. 50, § 453e. Corporations, formation of to carry on, p. 50, § 453e. Deposit of bonds, securities, etc., with state treasurer, p. 50, § 453e. Funds, investment of and approval of insurance commissioner, p. 50, § 453e. Membershi}) and funds required before contracts issued, p. 50, § 453o. Name of, insurance commissioner to approve, p. 50, § 453e. Name, resembling another so as to mislead not to be approved, p. 50, § 453 e. Organization to be completed and business commenced within vear, p. 50, § 4n3c. Soliciting business, compliance with section 6G3, Political Code, be- fore, p. 50, § 453e. MUTUAL WATER COMPANIES. See Water Companies. INDEX. 1483 N NAMES. Change of, registration in case of, p. 184, § 1094, subd. 4. Mistake in name of payee or indorsee, instrument, how indorsed, p. 68, § 3124. Signing negotiable instrument in trade or assumed name, liability in case of, p. 63, § 3099. NAPA COUNTY. Assessor, commissions and fees to be paid into treasury, p. 452, § 4255, subd. 7. Assessor, deputies, number, appointment and salaries, p. 452, § 4255, subd. 7. Assessor, salary of, p. 452, § 4255, subd. 7. Auditor, deputy, appointment and salary, p. 452, § 4255, subd. 5. Auditor, salary of, p. 452, § 4255, subd. 4. Constables, classification of townships for purpose of fixing salaries, p. 452, § 4255, subd. 13. Constables, fees of, p. 452, § 4255, subd. 15. Constables, salaries and expenses of, p. 452, § 4255, subd. 15. Coroner, salary, expenses and fees of, p. 452, § 4255, subd. 9. County clerk, deputies, number, appointment and salaries, p. 452, § 4255, subd. 1. County clerk, fees, salary and allowances, p. 452, § 4255, subd. 1. District attorney, deputy, appointment and salary, p. 452, § 4255; subd. 8. District attorney, salary of, p. 452, § 4255, subd. 8. District attorney, stenographer, appointment and salary, p. 452, § 4255, subd. 8. Jurors, grand, fees and mileage of, p. 452, § 4255, subd. 17. Jurors, trial, fees and mileage, p. 452, § 4255, subd. 17. Justices, classification of townships for purpose of fixing salaries, ■ p. 452, § 4255, subd. 13. Justices, salaries, fees, expenses and office rent, p. 452, § 4255, subd. 14. Public administrator, fees of, p. 452, § 4255, subd. 10. Eecorder, deputies and copyists, number, appointment and salaries, p. 452, § 4255, subd. 3. Eecorder, fees and commissions to be paid into treasury, p. 452, § 4255, subd. 3. Eecorder, report as to amounts paid copyists, p. 452, § 4255, subd. 3. Eecorder, salary of, p. 452, § 4255, subd. 3. Sheriff, expenses in arresting criminals and in conveying prisoners and insane persons, allowance of, p. 452, § 4255, subd. 2. Sheriff, salary, fees and mileage, p. 452, § 4255, subd. 2. Sheriff, under-sheriff, appointment and salary, p. 452, § 4255, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 452, § 4255, subd. 11. Superintendent of schools, salary and expenses of, p. 452, § 4255, subd. 11. Supervisors, salaries of, p. 452, § 4255, subd. 16. Surveyor, fees, what to be paid into treasury, p. 452, § 4255, subd. 12. Surveyor, salary and expenses of, p. 452, § 4255, subd. 12. Tax collector, cashier, appointment and compensation, p. 452, § 4255, subd. 6. Tax collector, deputy, appointment and salary, p. 452, § 4255, subd. 6. 1484 INDEX. NAPA COUNTY (Continued). Tax collector, fees and commissions to be paid into treasury, p. 452, § 4255, subd. 6. Tax collector, salary, p. 452, § 4255, subd. 6. Treasurer, deputy, appointment and salary, p. 452, § 4255, subd. 5. Treasurer, fees and commissions paid into treasury, p. 452, § 4255, subd. 5. Treasurer, salary of, p. 452, § 4255, subd. 5. NATIONAL BANKS. See Banks and Banliing. NATIONAL CITY. Waterfront, grant of to, p. 1132, Act 2420. NATIONAL GUARD. Absence from assemblages, court-martial for and proceedings at, p. 245, § 2006. Absence from assemblages, punishment for, p. 245, § 2006. Acts of congress apply to, p. 238, § 1919. Adjutant-general, appointment and term of office, p. 239, § 1927. Adjutant-general, armories and arsenals, powers and duties as to, p. 250, § 2107, Adjutant-general, assistant, appointment and term of office, p. 239, § 1927. Adjutant-general, assistant, bond of, p. 238, § 1924. Adjutant-general, assistant, lieutenant-colonel is, p. 239, § 1927. Adjutant-general, assistant, qualifications and duties, p. 239, § 1927. Adjutant-general, bond of, p. 238, § 1924. Adjutant-general, brigadier-general is, p. 239, § 1927. Adjutant-general, duties of, p. 239, § 1927. Adjutant-general, quartermaster-general is, p. 241, § 1928d. Adjutant-general's department, brigadier-general is chief of, p. 239, § 1927. Adjutant-general's department, clerical force of, p. 239, § 1927. Adjutant-general's department, consists of what, p. 239, § 1927. Adjutant-general's department, officers of, appointment, qualifications and terms of office, p. 239, § 1927. Adjutant-general's department, salaries of officers and employees of, ' p. 250, § 2086. Allowances, claims against, presentment and approval of, p. 250, § 2. Allowances to commanding officers, regiments and companies, p. 249, § 2079. Armories and arsenals, engineer to furnish plans and superintend construction, p. 251, § 2107. Armories and arsenals, powers and duties of adjutant-general as to, p. 250, § 2107. Articles of war of United States army, adoption of for government of, p. 237, § 1918. Boards of examination, of whom consist and powers of, p. 244, § 1955. Cavalry consists of what, p. 242, § 1933. ('avalry, officers and cnlislcil incn, iniiiiher, grades and ranks of, p. 242, § 1933. Cavalry, organization of, p. 242, § ISt.'J:'-. Cavalry, veterinarian, appointment and coinpcnsat ion, p. 212, §193.'!. rhajilains, qualifications of, p. 243, § 1953. Coast artillery, consists of what, p. 242, § 1932. INDEX. 1485 NATIONAL GUARD (Coiitiuucd). Coast artillery, officers and enlisted men, number and qnalifii-ations of, p. 242, § 1932. Coast artillery organized as a corps, p. 242, § 1932. Commander-in-chief, changing organization to conform to that of United States, p. 238, § 1925. Commander-in-chief may make rules and regulations not inconsistent with those of United States, p. 239, § 1926. Consists of what, p. 238, § 1925. Courts-martial, appearance of accused waives service of charges, p. 247, § 2022. Courts-martial, constitution, jurisdiction and procedure, p. 246, § 2018. Courts-martial, copy of charges delivered to person under arrest, p. 247, § 2022. Courts-martial, failure to pay fine imposed, dishonorable discharge, p. 24.5, § 2006. Courts-martial, failure to serve charges or order court, effect of, p. 247, § 2022. Courts-martial, fines and penalties imposed by, collection and dis- position of, p. 248, § 2026. Courts-martial for absence from assemblages, p. 245, § 2006. Courts-martial, general, powers of, p. 246, § 2020. Courts-martial, general, who may appoint, p. 246, § 2019. Courts-martial, imprisonment in lieu of fine, p. 247, § 2020. Courts-martial, powers of, p. 247, § 2020. Courts-martial, procedure at, p. 245, § 2006. Courts-martial, review of proceedings, p. 247, § 2021. Courts-martial, sentence, appeal from to governor, p. 247, § 2021. Courts-martial, sentence, approval or disapproval of, p. 247, § 2021. Courts-martial, sentence, execution, mitigation or remitting of, p. 247, § 2021. Courts-martial, sentence of dismissal or dishonorable discharge to be approved by governor, p. 247, § 2021. Courts-martial, special, powers of, p. 246, § 2020. Courts-martial, special, who may appoint, p. 246, § 2019. Courts-martial, summary, how constituted and powers of, p. 246, § 2019. Courts-martial, summarj^, powers of, p. 247, § 2020. Courts-martial, summary, proceedings before, p. 247, § 2020. Courts-martial, summary, who may appoint, p. 246, § 2019. Courts-martial, time to order where person arrested, p. 247, § 2022. Courts-martial, who may appoint, p. 246, § 2019. Death, punishment by, when only inflicted, p. 237, § 1918. Engineer corps, consists of what, p. 241, § 1930. Engineer corps, officers and enlisted men, duties of, p. 241, § 1930. Engineer corps, officers and enlisted men, grade and numbers of, p. 241, § 1930. Engineer corps, officers, prior service not necessary, p. 244, § 1956. Engineer corps, officers, qualifications of, p. 243, § 1953. Enlistment, qualifications for, p. 245, § 1980. Enlistment, re-enlistment, p. 245, § 1980. Enlistment, service, p. 245, § 1980. Enlistment, signing enlistment contract, p. 245, § 1980. Enlistment, taking and subscribing oath, p. 245, § 1980. Enlistment, term of, p. 245, § 1980. Enlistment, who may enlist, p. 245, § 1980. 1486 INDEX. NATIONAL GUARD (Coutinued). Female nurse corps, when may be provided, p. 241, § 1929. Field artillery, organization of, p. 242, § 19321/2. Field artillery, veterinarian, appointment and compensation of, p. 242, § 19321/2. Imprisonment other than in guard-house, where executed, p. 237, § 1918. Infantry, minimum strength of infantry company, p. 242, § 1934. Infantrj', organization of, p. 242, § 1934. Inspector-general's department, consists of what, p. 240, § 1928a. Inspector-general's department, officers of, duties of, p. 240, § 1928a. Inspector-general's department, officers of, grade and numbers of, p. 240, § 1928a. Judge advocate-general's department consists of what, p. 240, § 1928b. Judge advocate-general's department, officers of, grade and number of, p. 240, § 1928b. Judge advocate-general's dei^artment, officers prior service not neces- sary, p. 244, § 1956. Judge advocate-general's office, officers of, duties of, p. 240, § 1928b. Judge advocates must be members of the bar, p. 243, § 1953. Medical department consists of what, p. 241, § 1929. Medical department, officers and enlisted men, duties of, p. 241, § 1929. Medical department, officers and enlisted men, titles, grades and numbers of, p. 241, § 1929. Medical department, officers, prior experience not necessary, p. 244, § 1956. Medical officers, qualifications of, p. 243, § 1953. Medical reserve corps, when may be provided, p. 241, § 1929. Military courts consist of what, p. 246, § 2018. Military courts, commisions to take testimony, mav issue, p. 247, § 2023. Military courts, process and mandates, issuance and service of, p. 248, § 2024. Militarv courts, production of books, papers and documents, may compel, p. 247, § 2023. Military courts, subpoenas, issuance and service of, p. 247, § 2023. Military courts, witnesses, power to compel attendance of, p. 247, § 2023. Military courts, witness not obeying subpoena, proceedings, p. 247, § 2023. Naval militia consists of what, p. 250, § 2111. Naval militia, "division," "company" and "battalion," meaning of, p. 250, § 2111. Naval militia, location of, p. 250, § 2111. Naval militia, organization into battalions, p. 250, § 2111. Naval militia, organization into brigades, p. 251, § 2112. Naval militia, provisions relating to, p. 250, §2111; p. 251, § 2112. Officers, appeal from election of, repeal of section relating to, p. 245, § 1959. Officers, appointment of, proceedings relating to, p. 244, § 1957. Officers, commissioning and assigning to duty, p. 244, § 1957. Officers, commissions, issuance of and regulations governing, p. 243, § 1951. Officers, examination is to qualifications, p. 243, § 1954. INDEX. 1487 NATIONAL GUARD (Continued). OflBeers, examination, failure to pass, effect of, p. 243, § 1954. OflScers, must have bad military experience, p. 244, § 1956. Officers, oath of office, p. 243, § 1951; p. 245, §§ 1960, 1982. Officers of the line, appointment of, p. 245, § 195S. Officers of the line, term of office of, p. 245, § 1958. Officers on staff of commander-in-chief exempt from examination p. 243, § 1954. Officers, physical examination of, p. 243, §§ 1953, 1954. Officer, qualifications necessary before issuance of commission, p. 242, § 1934. Officers, qualifications of, p. 243, § 1953. Officers, term of office of, p. 244, § 1956. Officers, vacancies, filling of, p. 244, § 1957. Organization of, changing to conform to that of United States, p. 238, § 1925. Parades, fines and penalties for nonattendance, repeal of section, p. 249, § 2027. Quartermaster corps, civilian employees, appointment and duties, p. 241, § 1928d. Quartermaster corps consists of what, p. 241, § 1928d. Quartermaster corps, enlistments in prescribed by commander-in- chief, p. 241, § 1928d. Quartermaster corps, noncommissioned officers in, prescribed by com- mander-in-chief, p. 241, § 1928d. Quartermaster corps, officers and enlisted men, duties of, p. 241, § 1928d. Quartermaster corps, officers and enlisted men, title, number and grades of, p. 241, § 1928d. Rules and regulations not inconsistent with those of United States, commander-in-chief may make, p. 239, § 1926. Salaries of officers and employees of adjutant-general's department, p. 250, § 2086. Secretary of, salary of not to be changed during term of office, p. 253, § 2141. Signal corps, consists of what, p. 242, § 1931. Signal corps, officers and enlisted men, duties of, p. 242, § 1931. Signal corps, officers and enlisted men, grades and numbers of, p. 242, § 1931. Staff departments of enumerated, p. 238, § 1925. United States army, rules and regulations of apply to, p. 238, § 1919. NAUTICAL SCHOOL. Establishment of, p. 1134, Act 2436. NAVAL MILITIA. See National Guard. NAVIGATION. See Nautical School; Waters. NAVY. Burial of ex-Union sailors or marines dying without means, p. 1238, Act 3693. Care of graves of sailors and marines, p. 1239, Act 3693a. License tax, exemption of honorably discharged sailors and marines from, p. 280, § 3366. NEGLIGENCE. Action for, constitutes consent to physician testifying, p. 33, § 1881. 1488 INDEX. NEGOTIABLE INSTRUMENTS. Acceptance, date of, may be inserted when, p. 62, § 3094. Acceptance, defined, p. 98, § 3266. Acceptor, liability of, p. 72, § 3143. Acceptor, what admits,' p. 72, § 3143. Accommodation party, liability of, p. 65, § 3110. Accommodation party, who is, p. (55, § 3110. Action includes counterclaim and setoff, p. 98, § 3266. Agent or broker negotiating instrument, liability of, p. 74, § 3150. Agent, signature by, liability of agent, p. 64, § 3101. Agent, signature by "procuration," effect of and liability of prin- cipal, p. 64, § 3102. Agent, signature by, rules as to, p. 64, § 3100. Alteration of, what material, p. 85, § 3206. Alteration without consent, eft'ect of, p. 85, § 3205. Ambiguities in, rules for construction in case of, p. 63, § 3098. Ante-dated, holder acquires title at delivery, p. 62, § 3093. Ante-dating, effect of on, p. 62, § 3093. Assignment by corporation, effect of, p. 64, § 3103. Assignment by infant, effect of, p. 64, § 3103. Attorney's fees, provision for payment of, p. 59, § 3083. Authority, signature made without, effect of and liability under, p. 64, § 3104. Bank, includes what, p. 98, § 3266. Bank, instrument drawn or indorsed to officer of, deemed payable to bank, p. 68, § 3123. Bank, instrument drawn or indorsed to officer of bank, how negoti- ated, p. 68, § 3123. Bank, making instrument payable at equivalent to order to pay, p. 77, § 3168. Bearer, meaning of, p. 98, § 3266. Bearer, payable to when, p. 61, § 3090. Bills of exchange. See Bills of Exchange. Blank paper with signature, right to fill, p. 62, § 3095. Blanks in, completing incomplete instrument without authority, rights of holder, p. 62, § 3096. Blanks in, filling of, rights of holder, p. 62, § 3095. Blanks in, right to fill, p. 62, § 3095. Bona fide holders. See post. Holders, this title. , Bonds. See Bonds. (-'ancellation by mistake or without authority, effect of, p. 85, § 3204. Cancellation of, burden of proving mistake or want of authority, p. 85, § 3204. f^ertainty as to sum due, what constitutes, p. 59, § 3083. (, 'hecks. See Checks. Conditions, promise to pay is unconditional, when, p. 59, § 3084. Conform to now negotiable instrument law when, p. 61, § 3091. Consideration, absence or failure of as a defense, p. 65, § 3109. (.'onsideration for signatures to, presumption as to, p. 65, § 3105. Consideration for, what constitutes, p. 65, §3106. Consideration, i)artial failure of as a defense, p. ()5, § 3109. Consideration, presumption as to, p. 65, § 3105. Construction of, rules for, p. 63, § 3098. Contingency, instrunicnt payable upon not negotiable although con- tingency hii|)|ic'ii. ]i. ."!•, § .';ns."i. INDEX. 1489 NEGOTIABLE INSTRUMENTS (Continued). Continuation of negotiability of instruiiicnt originally negotiable, rule as to, p. 69, § 312S. C!orporation, indorsement or assignment by, effect of, p. (34, § 3103. Date, ante-dated or post-dated, holder acquires title at delivery, p. 62, § 3093. Date, effect of omission of, p. 60, § 3087. Date, insertion of wrong date, effect of, p. 62, § 3094. Date of drawing, acceptance or indorsement, presumption as to, p. 61, § 3092. Date of issuance or acceptance may be inserted when, p. 62, § 3094. Dating, ante-dating or post-dating, effect of, p. 62, § 3093. Defenses. See post, Holder, this title. Defenses, holder not in due course takes subject to, p. 71, § 3139. Delivery, conditional or special, p. 62, § 3097. Delivery, how made, p. 62, § 3097. Delivery, incomplete and revocable before, p. 62, § 3097. Delivery, meaning of, p. 98, | 3266. Delivery, negotiation by, warranty under, p. 73, § 3146. Delivery, presumption of valid delivery in favor of holder, p. 62, § 3097. Demand, instrument issued, accepted or indorsed when overdue is payable on, p. 60, § 3088. Demand, when payable on, p. 60, § 3088. Discharge of, cancellation bv mistake or without authoritv, effect of, p. 85, § 3204. Discharge of, cancellation of, burden of proving mistake or want of authority, p. 85, § 3204. Discharge of, pavmcnt bv partv secondarily liable, effect of and rights of, p. 84, § 3202. Discharge of, person secondarilv liable, what acts amount to, p. 84, § 3201. Discharge of, renunciation by holder, effect of and how made, p. 84, § 3203. Discharge of, what amounts to, p. 83, § 3200. Dishonor, may be protested for nonacceptance or nonpavment, p. 83, § 3199. Dishonor, notice of, agent, how given by, p. 78, § 3172. Dishonor, notice of, by party entitled to give, to whose benefit in- ures, p. 79, § 3174. Dishonor, notice of, by whom may be given, p. 78, § 3171. Dishonor, notice of, delay in giving, diligence after cause of delay ceases, p. 82, § 3194. Dishonor, notice of, delay in giving when excused, p. 82, § 3194. Dishonor, notice of, deposit in postoflfice, effect of miscarriage of mails, p. 81, §3186. Dishonor, notice of, deposit of in postoffice, what deemed to bo, p. iSI, § 3187. Dishonor, notice of, dis))ensed with if it does not reach parties, p. 82, § 3193. Dishonor, notice of, dispensed with where it cannot be given, p. 82, §3193. Dishonor, notice of, form of, p. 79, § 3177. Dishonor, notice of, how given where party a bankrupt or has made assignment for creditors, p. 80, § 3182. Dishonor, notice of, how given where party dead, p. 79, § 3179. 94 1490 INDEX. NEGOTIABLE INSTRUMENTS (Continued). Dishonor, notice of, how given where parties are partners, p. 80, § 3180. Dishonor, notice of, how given where there are joint parties, p. 80, § 3181. Dishonor, notice of, may be delivered personally or mailed, p. 79, §3177. Dishonor, notice of, may be given to party or his agent, p. 79, § 3178. - Dishonor, notice of, mistakes or omissions in, effect of, p. 79, § 3176. Dishonor, notice of must be given, p. 78, § 3170. Dishonor, notice of, not required to be given to drawer in what cases, p. 82, § 3195. Dishonor, notice of, not required to be given indorser in what cases, p. 83, § 3196. Dishonor, notice of, omission to give for nonacceptance does not affect subsequent holder in due course, p. 83, § 3198. Dishonor, notice of, on behalf of holder inures to whose benefit, p. 79, § 3173. Dishonor, notice of, rules governing where parties reside in different places, p. SO, § 3185. Dishonor, notice of, rules governing where persons reside in same place, p. 80, § 3183. Dishonor, notice of, sufficient if actually received though not in ac- cordance with provisions, p. 81, § 3189. Dishonor, notice of, terms of, p. 79, § 3177. Dishonor, notice of, time to give by party receiving to antecedent parties, p. 81, § 3188. Dishonor, notice of, time within which must be given, p. 80, § 3183. Dishonor, notice of, to whom given, p. 78, § 3170. Dishonor, notice of, waived, may be, p. 82, § 3190. Dishonor, notice of, waiver above signature of indorser binds him only, p. 82, § 3191. Dishonor, notice of, waiver embodied in instrument binds all parties, p. 82, § 3191. Dishonor of, notice of, waiver may be express or implied, p. 82, §3190. Dishonor, notice of, waiver of protest is a waiA'er of, p. 82, § 3192. Dishonor, notice of, what suflScient, p. 79, §§ 3176, 3177. Dishonor, notice of, where instrument dishonored in hands of agent, p. 79, §3175. Dishonor, notice of, where notice of nonacceptance given, notice of nonpayment not necessary, p. 83, § 3197. Dishonor, notice of, where sent when party has given address, p. 81, §3189. Dishonor, notice of, where sent when party has not given address, p. 81, §3189. Drawer admits existence of payee and capacity to indorse, p. 72, § 3142. Drawer, liability of, p. 72, § 3142. Drawer may negative liability by express stipulation, p. 72, § 3142. Forgery of signature, effect of, and lial)ilitics under, p. C4, § 3104. Form of, p. 58, § 3082. Holder deriving title through holder in due course, rights of, p. 71, § 3139. Holder for value, who is, p. 65, § 3107. INDEX. 1491 NEGOTIABLE INSTRUMENTS (Contiuued). Holder in due course, burden of proof where title defective, p. 71, §3140. Holder in due course, effect of alteration on, p. 85, § 3205. Holder in due course, omission to give notice of dishonor by non- acceptance does not affect, p. 83, § 3198. Holder in due course, rights of, p. 71, § 3138. Holder in due course, where negotiation unreasonably delayed, p. 70, § 3134. Holder in due course, where notice of defect before full amount paid, p. 70, § 3135. Holder in due courts, who deemed to be, p. 70. § 3133; p. 71, § 3140. Holder may sue in his own name, p. 70, § 3132. Holder, meaning of, p. 98, § 3266. Holder not in due course takes subject to defenses, p. 71, § 3139. Holder of instrument transferred for value without indorsement, rights of, p. 69, § 3130. Holder, payment to discharges instrument, p. 70, § 3132. Holder, presumption of valid delivery in favor of, p. 62, § 3097. Holder, renunciation by holder, how made and effect of, p. 84, § 3203. Holder, striking out of indorsements by, right of and effect of, p. 69, § 3129. Holder, title, defect in, notice of before full amount paid, effect of, p. 70, §3136. Holder, title, notice of defect in, what necessary to constitute, p. 71, § 3137. Holder, title of when defective, p. 70, § 3136. Holder with lien deemed holder for value to extent of lien, p. 65, §3108. Holiday, last day falling on, computation of time, p. 99, § 3266c. Hlegal provisions in, effect of, p. 60, § 3086. Incomplete before delivery, p. 62, § 3097. Incomplete instrument, completing and negotiating without authority, rights of holder, p. 62, § 3096. Indorser, one signing in blank before delivery liable as when, p. 72, § 3144; p. 73, § 3145. Indorsement, as to residue where part paid, p. 66, § 3113. Indorsement, blank, defined, p. 67, § 3115. Indorsement, blank, how converted to special indorsement, p. 67, § 3116. Indorsement, blank, instrument how negotiated, p. 67, § 3115. Indorsement, blank, instrument payable to bearer, p. 67, § 3115. Indorsement, blank, may be, p. 67, § 3114. Indorsement by corporation, effect of, p. 64, § 3103. Indorsement by infant, effect of, p. 64, § 3103. Indorsement by one in representative capacity so as to negative per- sonal liability, p. 68, § 3125. Indorsement, conditional, disregard of condition, p. 68, § 3120. Indorsement, conditional, rights of holder of instrument, p. 68, § 3120. Indorsement, general, liability under, p. 73, § 3147. Indorsement, general, warrants what, p. 73, § 3147. Indorsement, how made, p. 66, § 3112. Indorsement, how made where mistake in name of payee or indorsee, p. 68, § 3124. Indorsement, joint indorsers, liability of, p. 74, § 3149. Indorsement, must be of entire paper, p. 66, § 3113. 1492 INDEX. NEGOTIABLE INSTRUMENTS (Contiuued). Indorseineut, order in which iudorsers liable, p. 74, § 3149. Indorsement, j^artial, not permitted, p. 66, § 3113. Indorsement, place of, presmnption as to, p. 69, § 3127. Indorsement, qualified, negotiation by, warranty under, p. 73, § 3146. Indorsement, qualified, what constitutes, how made and effect of, p. 67, § 3119. Indorsement, restrictive, qualified or conditional, may be, p. 67, § 3114. Indorsement, restrictive, rights of indorsee under, p. 67, § 3118. Indorsement, restrictive, what is, p. 67, § 3117. Indorsement, special, defined, p. 67, § 3115. Indorsement, special indorsement of instruments payable to bearer, rights and liabilities under, p. 68, § 3121. Indorsement, special, instrument, how negotiated, p. 67, § 3115. Indorsement, special, may be, p. 67, § 3114. Indorsements, striking out and effect of, p. 69, § 3129. Indorsement, time of, presumption as to, p. 68, § 3126. Indorsement, transfer for value without, effect of and rights of holder, p. 69, § 3130. Indorsement under instrument negotiable by delivery, liability under, p. 74, § 3148. Indorsement, where payable to two or more persons not partners, p. 68, § 3122. Infant, indorsement or assignment by, effect of, p. 64, § 3103. Instrument, meaning of, p. 98, § 3266. Instruments not within new negotiable instrument act, law govern- ing, p. 99, § 3266d. Interest, date from which runs where not specified, p. 63, § 3098. Issue, meaning of, p. 98, § 3266. Joint and several, liability is when, p. 63, § 3098. Law governing cases not within new negotiable instrument law, p. 99, § 3266d. Liability of one signing in trade or assumed name, p. 63, § 3098. Liability, persons primarily liable, p. 99, § 3266a. Liability, persons secondarily liable, p. 99, § 3266a. Liability where signature does not appear, p. 63, § 3099. Lien, holder with lien deemed holder for value, p. 65, § 3108. Maker admits existence of payee and capacity to indorse, p. 72, §3141. Makers, liability of, p. 72, §3141. Name, assumed or trade, liability of one signing in, p. 63, § 3099. Name of jmyee or indorsee, mistake in, how indorsed, ]i. 68, § 3124. Negotiability not affected by what omissions, ]>. 60, § 3087. Negotial)ility, ])rovisions, what do and what do not affect, p. 60, § 308(). Negotiation. .See ante, Holder, this title. Negotiation, agent or broker negotiating, jial)ility of, j). 74, §3150. Negotiation ])ack to prior party, rights of i)rior party, p. 69, § 3L31. Negotiation by delivery, warranty under, p. 73, § 3146. Negotiation, iiislriimciit iiidorscil in blanls, liovv itidorsed, p. 67, § 3115. Negotiation, instniinrnl s|)C(i:i lly iinldiscil, how negotiated, p. 67, "§3115. Negotiation, niaiiiicr nl', wlicic imynlilc to bciircr, |>. 66, §3111. Negotiation, iiiaiiiicr of, whcic |iay;ililc ti) oiwh-r, p. 6(i, §311L Negotiation of instrument drawn or indorsed to oniciM- of ])aiil<, manner of. |). 68, §312;;. INDEX. 1493 NEGOTIABLE INSTRUMENTS (Continuecl). Negotiation of instrument payable to bearer that is specially in- dorsed and rights under, p. G8, § 3121. Negotiation of, what constitutes, p. 66, § 3111. Negotiation, rights of holder of instrument with conditional, quali- fied or restrictive indorsement, p. 67, §§ 3118, 3119; p. 68, § 3120. Negotiation, rights of indorsee under restrictive indorsement, p. 67, §3118. New negotiable instruments law does not affect ])rior instruments, p. 99, § 3266d. Notice of defect before full amount paid, effect of, p. 70, § 3135. Omissions in, rules for construction of, p. 63, § 3098. Omissions, what do not affect negotiability, p. 60, § 3087. Order, when payable to, p. 61, § 3089. Overdue, payable on denmnd as regards person issuing, accepting or indorsing, p. 60, § 3088. Payable at determinable future time, when, p. 59, § 3085. Payable on demand, when, p. 60, § 3088. Payable in particular kind of money, effect of, p. 60, § 3087. Payable to bearer, when, p. 61, § 3090. Payable to order, when, p. 61, § 3089. Payee to be indicated with reasonable certainty, p. 61, § 3089. Payment, ability and willingness to pay, when equivalent to tender, p. 74, § 315L Payment by partv secondarilv liable, effect of and rights on. p. S4, §3202. Payment, delivery up of instrument on, p. 75, § 3155. Payment is made in due course, when, p. 77, § 3169. Paj'ment, making instrument payable at bank equivalent to order to pay, p. 77, § 3168. Payment, nonpavment, instrument is dishonored bv when, p. 77, § 3164. Payment, nonpayment, recourse to persons secondarily liable in case of, p. 77, § 3165. Payment of. See ante, Discharge, this title. Payment of. See post, Presentment, this title. Payment on behalf of principal debtor discharges instrument, p. 83, § 3200. Payment, promise to pay is unconditional, when, p. 59, § 3084. Payment, time of, calculating, exclusion of first and inclusion of last ' day, p. 77, § 3167. Payment, time of, calculating where instrument payable after sight or after certain event, p. 77, § 3167. Payment, time of, days of grace not allowed, p. 77, § 3166. Payment, time of maturity, p. 77, § 3166. Payment, time of when day of maturity falls on Saturday, p. 77, § 3166. Payment, time of when day of maturity falls on Sunday or holiday, p. 77, § 3166. Payment to holder discharges instrument, p. 70, § 3132. "Persons," includes what, p. 98, § 3266. Place where drawn or paj'able, omission of, effect of, p. 60, § 3l)S7. Post-dated, holder acquires title at delivery, p. 62, § 3093. Post-dating, effect of on, p. 62, § 3093. Presentment for payment, delay in making excused, when, p. 7(), §3162. 1494 LNDKX. NEGOTIABLE INSTRUMENTS (Continued). Presentment for payment, delivery of instrument on payment of, p. 75, § 3155. Presentment for payment, diligence in making where cause of delay ceases to operate, p. 76, § 3162. Presentment for payment, how made, pp. 75, 76, §§ 3153-3160. Presentment for payment, in case of partnership, p. 76, § 3158. Presentment for payment, instrument must be exhibited, p. 75, § 3155. Presentment for payment, necessary to charge drawer or indorser, p. 74, § 3151. Presentment for payment, not necessary to person primarily liable, p. 74, § 3151. Presentment for payment, not required where instrument for accom- modation, when, p. 76, § 3162. Presentment for payment, not required where no right to expect or require payment, p. 76, § 3160. Presentment for payment, time of, where instrument not payable on demand, p. 75, § 3152. Presentment for payment, time of, when payable on demand, p. 75, §3152. Presentment for payment, when day of maturity falls on Saturday, p. 77, § 3166. Presentment for payment, when dispensed with, p. 77, § 3163. Presentment for payment, where instrument payable at bank, p. 75, §3156. Presentment for payment, where made, p. 75, § 3154. Presentment for payment, where party dead and no place of pay- ment specified, p. 76, § 3157. Presentment for payment, where there are several debtors, p. 76, §3159. Presumption as to date of issuing, accepting or indorsing, p. 61, § 3092. Prior instruments not affected by new negotiable instrument law, p. 99, § 3266d. Prior party, rights of on negotiation back to him, p. 69, § 3131. Promissory notes. See Promissory Notes. Protest for nonpayment or nonacceptance may be given, p. 83, § 3199. Protest, may be protested for nonacceptance or nonpayment, p. 83, § 3199. Protest not required except in case of foreign bills, p. 83, § 3199. Protest, waiver of waives presentment and notice of dishonor, p. 82, §3192. Provisions in, what do and what do not affect negotiability, p. 60, § 3086. Reasonable lime, how determined, p. 99, § 3266b. Renunciation by holder, how made and effect of, p. 84, § 3203. Revocable before delivery, p. 62, § 3097. Seal on, effect of, p. 60, § 3087. Signature by agent, liability of agent, p. 64, § 3101. Signature by agent, rules as to, p. 64, § 3100. Signature by "procuration," effect of and liability of principal, p. 64, §3102. Signature, forgery of, effect of auil lial)ilily under, p. 64, § 3104. Signature in blank on before delivery, linliility under, p. 72, §3144; p. 73, §3145. INDEX. 1495 NEGOTIABLE INSTRUMENTS (Continued). Signature made without authority, effect of and liability under, p. 64, § 3104. Signature on negotiable instrument by agent, liability of agent, p. 64, §3101. Signing in trade or assumed name, liability in case of, p. 63, § 3099. Sunday, last day falling on, computation of time, p. 99, § 3266c. Terms sufficient to conform to new negotiable instrument law, when, p. 61, §3091. Time, last day falling on Sunday or holiday, p. 99, § 3266c. Time, reasonable, how determined, p. 99, § 3266b. Title. See ante. Holder, this title. Transfer of. See ante, Holder, this title. Transfer of. See ante, Negotiation, this title. Unconditional, promise to pay, when is, p. 59, § 3084. Value, holders for, who are, p. 65, § 3107. Value means valuable consideration, p. 98, § 3266. Value, omission of statement of, effect of, p. 60, § 3087. Value, what constitutes, p. 65, § 3106. Writing, includes print, p. 98, § 3266. Written includes printed, p. 98, § 3266. NET CONTAINER BILL. Amendment of, p. 1135, Act 2453. NETS. See Game Laws. NEVADA COUNTY. Assessor, salary of, p. 482, § 4263, subd. 7. Auditor, salary of, p. 482, § 4263, subd. 4. Constables, classification of townships for purpose of regulating sal- aries, p. 482, § 4263, subd. 15. Constables, salaries and fees of, p. 482, § 4263, subd. 15. Coroner, fees of, p. 482, § 4263, subd. 9. County clerk,, salary and allowances, p. 482, § 4263, subd. 1. District attorney, deputy, appointment and salary of, p. 482, § 4263, subd. 8. . District attorney, salary of, p. 482, § 4263, subd. 8. Fish and game warden, salary and expenses of and how paid, p. 482, § 4149d. Justices, classification of townships for purjjose of regulating salaries, p. 482, § 4263, subd. 15. Justices, fines and fees, payment into treasury and report of, p. 482, § 4263, subd. 14. Justices, salaries, p. 482, § 4263, subd. 14. Justices, salaries not to be paid until report of fees and fines filed, p. 482, § 4263, subd. 14. Justices, salaries to be in full compensation for services, p. 482, § 4263, subd. 14. Official reporter, fees and expenses of, p. 482, § 4263, subd. 16. Public administrator, salary of, p. 482, § 4263, subd. 10. Recorder, salary of, p. 482, § 4263, subd. 3. Road commissioners, expenses of, p. 482, § 4263, subd. 13. Sheriff, salary and fees of, p. 482, § 4263, subd. 2. Superintendent of schools, salary, per diem and expenses, p. 482, § 4263, subd. 11. Supervisors, salaries, allowances and expenses, p. 482, § 4263, subd. 13. 1496 INDEX. NEVADA COUNTY (Coutinued). Surveyor, fees of, p. 482, § 4263, siibd. 12. Tax collector, salary of, p. 482, § 4263, subd. 6. Treasurer, salary of, p. 482, § 4263, subd. 5. NEWSPAPERS. Provision requiring signature to uews])aper articles, repeal of, p. 103, § 259. NEW TRIAL. Hearing of motion, time for, p. 16, § 660. Hearing of motion to be at earliest practical time, p. 16, § 660. Hearing of motion, what pleadings, orders and evidence may be re- ferred to on, p. 16, § 660. Hearing on motion for, if evidence not transcribed, reporter to attend and read notes, p. 16, § 660. Hearing on motion for, precedence of, p. 16, § 660. Hearing on motion for, proceedings where no report or certified tran- script of evidence, p. 16, § 660. Motion for, failure to determine within three months a denial of motion, p. 16, § 660. Motion for to be decided ^t earliest practicable moment, p. 16, § 660. Motion for to be decided within three months, p. 16, § 660. Probate proceedings, in. See Estates of Decedents. Time to decide motion for, p. 16, § 660. NOMINATIONS. See Elections. NORMAL SCHOOL. See Schools. NOTARIES PUBLIC. Particular county, in. See particular county. Protest of bill, may make, p. 92, § 323.5. San Francisco, number of in, p. 180, § 791. NOTES. See Negotiable Instruments; Promissory Notes. NOTICE. Administration of estate, notice of heirs, devisees or legatees of pro- ceedings in, p. 26, § 1380. Defect in negotiable instrument, effect of notice of before full amount paid, p. 70, § 3135. Defect in title to negotiable instrument, what constitutes, p. 71, §3137. Dishonor of negotiable instrument, of. See Negotiable Instruments. Lien claimant against homestead, notice to by executor of death of owner, p. 31, § 1475. Particular proceedings, in. See particular title. Posting on public or private property without consent, p. 110, § 602. Tearing down or injuring signs fnrl)i(iding shooting a misdemeanor, ]). no. §602. TliMt arlich's inadi' at prisons or icformafories are for sale. p. 984, \r\ L'lii:'.. 'I'i-i;il ill justice's cdint, of. Sec .Instice's (ourt. NUISANCES. I'.iit liiionscs ami swimming-pools iind pliiccs, when are and abatement (,r, II. i:!S6, Act 4349c. INDEX. 1497 NUISANCES (Continued). Public. See County Horticultural Commissioner; Gophers; Squirrels. Public, places infested witli squirrels, gopiiers or other predatory animals, p. 205, § 2322a. NURSERY. Ket'oi'cstratioii, fur. See Forests. NURSERYMEN. See State Commissioner of Horticulture. NURSES. Amendment of act of lOL"? relating to, p. llP.fi, Act 250Sb. * OAKLAND. Charter of, p. 1137, Act 2509. Justices of the peace, number of justices in, p. 2, § 103. See Justices of the Peace. Waterfront, grant of to, p. 1137, Act 2534. OCCUPATIONAL DISEASES. Repeal of act providing for report of, p. 1151, Act 2827. ODD FELLOWS. See Independent Order of Odd Fellows. OFFICES AND OFFICERS. Attorney general represents state officers, p. 164, § 472. Attorneys, power of officers or boards to employ, p. 164, § 472. Civil service, assistant superintendents of public instruction, not sub- ject to, p. 192, § 1519. Civil service laws, when applicable to justice's clerk and deputies, p. 2, § 86. Civil service. See Civil Service. Grand jury, duties of in relation to public officers. See Grand Jury. •Tustices of the peace, salaries of, p. 2, § 103. Limitation of action against officer or officer de facto to recover goods seized, sold or injured, p. 10, § 341. Limitation of action against officer or de facto officer to recover stock sold for delinquent assessment, p. 10, § 341. Resignations, how and to whom made, p. 180, § 995. Resignation of school trustees, how made, p. 211, § 1605. Resignations, particular officers, of. See particular title. Salary of particular officer. See particular title. Sale by officer, change of possession not necessary, p. 100, § 3440. OIL. See Oil Car Companies; Oil Companies. Department of state mining bureau for protection of, creation of, and establishment of, p. 1063, Act 2213b. Persons operating wells to make reports, p. 1063, Act 2213b. Protection of from waste and destruction through improper methods of procedure, p. 1063, Act 2213b. State oil and gas supervisor, appointment, powers, duties and com- pensation, p. 1063, Act 2213b. State oil and gas supervisor, arbitration of rulings of, p. 1063, Act 2213b. State oil and gas supervisor, assessment of charges of deimrtment against operator, p. 1063, Act 2213b. 1498 INDEX. OIL (Continued). State oil and gas supervisor, deputies and employees, appointment, duties and compensation, p. 1063, Act 2213b. State gas and oil supervisor, fund for department of, creation of, p. 1063, Act 2213b. OIL CAR COMPANIES. Francliise tax for state purposes in. See State Board of Equaliza- tion. OIL COMPANIES. Franchise tax for state purposes in. See State Board of Equaliza- tion. OLEOMARGARINE. Eegulation of production and sale of, p. 617, Act 473. ORANGE COUNTY. Assessor, all commissions to be paid into county treasury, p. 407, § 4243, subd. 7. Assessor, deputies, number, term of office, appointment and salaries, p. 407, § 4243, subd. 7. Assessor, salary of, p. 407, § 4243, subd. 7.' Assessor, statements as to amounts paid for assistance, p. 407, § 4243, subd. 7. Auditor, assistants, appointment and salaries, p. 407, § 4243, subd. 4. Auditor, salary of, p. 407, § 4243, subd. 4. Auditor, statement of amounts paid for assistance, p. 407, § 4243, subd. 4. Census, taking of by supervisors, p. 407, § 4243, subd. 17. Constables, salaries and fees of, p. 407, § 4243, subd. 14. Constitutionality of act, effect of declaring provision of unconsti- tutional, p. '407, § 4243, subd. 19. Coroner, fees of, p. 407, § 4243, subd. 9. County clerk, deputy, appointment, duties and salary, p. 407, § 4243, subd. 1. County clerk, fees and commissions to be paid into county treasury, p. 407, § 4243, subd. 1. County clerk, salary of, p. 407, § 4243, subd. 1. District attorney, deputies, appointment and salary, p. 407, § 4243, subd. 8. District attorney, deputies must be admitted to practice, p. 407, § 4243, subd. 8. District attorney, salary of, p. 407, § 4243, subd. 8. District attorney, stenographer, appointment and salary, p. 407, § 4243, subd. 8. Jurors, fees of, who to pay, p. 407, § 4243, subd. 18. .Turors, grand, compensation and mileage, p. 407, §4243, subd. 19. Jurors, trial, compensation and mileage, p. 407, § 4243, subd. 19. .Tusticcs, population of townships, how ascertained for purpose of fixing salaries, p. 407, § 4243, subd. 16. Justices, salaries and fees of, p. 407, § 4243, subd. 13. Tiivestock inspector, salary of, p. 407, § 4243, subd. 16. Population of townships, how determined, p. 407, § 4243, subd. 17. Probntioii ofliccr and assislants and salaries of, p. Pof), Act 1770a, § 19k. Public administrator, fees of, p. 407, § 4243, subd. 10. INDEX. 1499 ORANGE COUNTY (Continued). Kecorder, deputies, number, appointment and salaries, p. 407, § 4243, subd. 3. Recorder, fees and eommissions to be paid into treasury, p. 407, § 4243, subd. 3. Recorder, salary and fees of, p. 407, § 4243, subd. 3. Sheriff, deputies, appointment, duties and salaries, p. 407, § 4243, subd. 2. Sheriff, salary and fees of, p. 407, § 4243, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 407, § 4243, subd. 11. Superintendent of schools, salary and expenses of, p. 407, § 4243, subd. 11. Supervisors, salaries, expenses and mileage, p. 407, § 4243, subd. 15. Surveyor, salary of, p. 407, § 4243, subd. 12. Tax collector, deputy and assistants, appointment and compensation, p. 407, § 4243, subd. 6. Tax collector, salary of, p. 407, § 4243, subd. 6. Tax collector, statement as to amounts paid for assistance, p. 407, § 4243, subd. 6. Treasurer, deputy, appointment and salary, p. 407, § 4243, subd. 5. Treasurer, salary of, p. 407, § 4243, subd. 5. ORPHAN ASYLUMS. See Orphans. Aid not given for what children, p. 256, § 2289. Appropriation for aid of orphans, p. 254, § 2283. Appropriation to meet deficiency in support of orphans, p. 1139, Act 2595a. Books, records and accounts to be kept by institution receiving aid, p. 255, § 2285. Children's agents to examine into, number, appointment, duties, sal- aries and expenses, p. 255, § 2286. Conditions requisite to receiving aid, p. 256, § 2289. Examination into by board of control, p. 255, § 2286. ORPHANS. Half -orphan child maintained at home, aid for, p. 254, § 2283. Half-orphan child maintained at home, mother refused aid, right of appeal, p. 254, § 2283. OSPREY. See Game Laws. OSTEOPATHY. See Medicine. OVERFLOWED LANDS. See Swamp and Overflowed Lands. OWLS. See Game Laws. OYSTERS. Injuring, gathering or taking away a misdemeanor, p. 110, § 602. Trespassing upon lands where oysters are planted, a misdemeanor, p. 110, § 602. 1500 INDEX. PACIFIC COLONY. For feeble-minded and epile^jtics, establishment of. See Insane Asylums. PALACE CAR COMPANIES. Fianehise tax for state liurposes on. See State Board of Equaliza- tion. PALO ALTO. Charter of, p. 1139, Act 2G12. PANAMA-CALIFORNIA INTERNATIONAL EXPOSITION. See Ex- positions. PARADISE IRRIGATION DISTRICT. Formation of validated, p. 898, Act 1725g. PARDONS. Advisory pardon board, creation, powers and duties of, p. 650, Act 867. PARENT AND CHILD. Adoption. See Adoption. Illegitimate child. See Legitimacy. Insane person, appointment of guardian at instance of parent, p. 40, § 242. Omission of parent to provide for child, jurisdiction of juvenile court, p. 103, § 270. Omitting to provide for child, punishment for, p. 103, § 270. PARKS. See California Kedwood Park. Cities authorized to acquire and to establish assessment districts, to pay expenses of, p. 1173, Act 2S84. PAROLE. Assistance to jiaroled prisoners, p. 1139, Act 2623. PARTIES. Adverse parties as witnesses. See Witnesses. Escheat proceedings, in. See Escheat. PARTITION. Partial distrilnition of estate, proceedings where .partition necessary, p. 3], § 1663. PARTNERSHIP. .lustice of the peace cannot have partner practicing law, p. 2, § 103. Notice of dishonor of negotiable instrument, how given where par- ties are partners, p. 80, § 3180. • Presentment for payment of negotialtle instrument in case of part- Ticrship, J). 76, § 3158. PARTRIDGES. See Came Laws. PARTY AFFILIATION. Sec EhHimis. PASSENGERS. Src CurriiTs of Passengers. PASSES. Sic (';iiiirrs of Passengers. INDEX. 1501 PATENTS. State land patents, effect of in certain cases, p. 1173, Act 2S7og. PAUPERS. See Orphan Asylum. Maintenance and sup[)ort of, duty of supervisors, p. 1140, Act 2631. PAYMENT. Ability and willingness to pay when equivalent to tender of, p. 74, §3151. Bills of exchange, of. See Bills of Exchange. Negotiable instrument. See Negotiable Instruments. Negotiable instrument, payment of to h'older discharges instrument, p. 70, § 3132. State lands, for. See Public Lands. PEACE. Security to keep, appointment of shorthand reporter to take down testimony, p. 146, § 704. Security to keep, taking down testimony and reducing to writing, p. 146, § 704. Security to keep, testimony of witnesses, authentication of, p. 146, § 704. Security to ke^p, testimony, subscribing by witnesses, p. 146, § 704. PENALTIES. Franchise tax, for failure to pay, p. 326, § 3668b. PENSIONS. Police. See Police. Teachers, deceased annuitant, collection by heirs or guardian of bal- ance due from teachers' pension fund, p. 29, § 14.55. PERCH. See Game Laws. PERPETUITIES. Power of alienation, how long may be suspended, p. 53, § 715. PERSONAL INJURIES. See Negligence. PERSONAL PROPERTY. Action to recover. See Claim and Delivery. Change of possession not necessary on transfer of exempt property, p. 100, § 3440. Lease of. See Landlord and Tenant. Sale of stock in trade, recording notice of, p. 100, § 3440. Sale or mortgage under order of court or by officer, change of pos- session not necessary, p. 100, § 3440. Transfer o:^ when a mortgage and when a pledge, p. 56, § 2924. Transfer of wines in wineries, etc., without change of possession, how made, p. 10, § 3440. Transfer of without change of possession presumed fraudulent, ji. lOO, § 3440. PESTHOUSE. Provision prohibiting keeping of in city repealed, p. 105, § 373. PESTS. Insects. See Insects. PETROLEUM. See Gas; Oil. 1502 INDEX. PHEASANTS. See Game Laws. PHOTOGKAPH. Ein]iloyer requiring of employee to pay cost of, p. 987, Act 2140e. PHRASES. See Words and Phrases. PHYSICIANS. See Medicine. "Witnesses, physicians or surgeons as, p. 33, § 1881. See Privileged Communications. PIGEON. See Game Laws.^ PISMO CLAMS. See Game Laws. PLACER COUNTY. Assessor, field deputy, appointment ^nd salary, p. 473, § 4260, subd. 7. Assessor, salary of, p. 473, § 4260, subd. 7. Assessor to make annual verified statement of receipts, p. 473, § 4260, subd. 17. Auditor, deputy, appointment and salary of, p. 473, § 4260, subd. 4. Auditor, salary of, p. 473, § 4260, subd. 4. Constable to make annual verified statement of receipts, p. 473, § 4260, subd. 17. Constables, fees, expenses and mileage, p. 473, § 4260, subd. 14. Coroner, fees of, p. 473, § 4260, subd. 9. Coroner to make annual verified statement of receipts, p. 473, § 4260, subd. 17. County clerk, deputy, appointment and salary, p. 473, § 4260, subd. 1. County clerk, salary and allowances, p. 473, § 4260, subd. 1. County clerk, to make annual verified statement of receipts, p. 473, § 4260, subd. 17. District attorney, deputy, appointment and salary, p. 473, § 4260, subd. 8. District attorney, salary of, p. 473, § 4260, subd. 8. Jurors, grand, fees and mileage of, p. 473. § 4260, subd. 17. Jurors, trial, fees and mileage, p. 473, § 4260, subd. 17. Justices, classification of townships for purpose of fixing salaries, p. 473, § 4260, subd. 13. Justices, salaries of, p. 473, § 4260, subd. 13. Justices, salaries to be in full compensation for services, p. 473, § 4260, subd. 13. •Justices to make annual verified statement of receipts, p. 473, § 4260, subd. 17. Probation officer, duties and salary of, p. 473, § 4260, subd. 16. Public administrator, fees of, p. 473, § 4260, subd. 10. Public administrator to make annual verified statement of receipts, p. 473, § 4260, subd. 17. Recorder, copyists, appointment and salaries, p. 473, § 4260, subd. 3. Recorder, fees, what proportion to pay to treasury and what propor- tion may retain, p. 473, § 4260, subd. 3. Recorder, salary of, p. 473, § 4260, subd. 3. Sheriff, salary of, p. 473, § 4260, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 473, § 4260, subd. 11. Superintendent of schools, office hours, p. 473, § 4260, subd. 11. Superintendent of schools, salary and expenses of, p. 473, § 4260, subd. 11. INDEX. 1503 PLACER COUNTY (Continued). Supervisors, compensation and mileage as road commissioners, p. 473, § 4260, subd. 15. Supervisors, salary and mileage of, p. 473, § 4260, subd. 15. Surveyor, compensation and expenses, p. 473, § 4260, subd. 12. Tax collector, salary and fees of, p. 473, § 4260, subd. 6. Treasurer, salary of, p. 473, § 4260, subd. 5. PLANTS. See County Horticultural Commissioners; State Commissioner of Horticulture. PLAYGROUNDS. Cities authorized to acquire and to establish assessment districts, p. 1173, Act 2884. PLEA. Change of where conditions of probation fulfilled, p. 151, § 1203, subd. e. PLEADING, Amendments. See Amendments. Answers. See Answers. Demurrers. See Demurrers. Practice. See Practice. PLEDGES. Stock, pledge of as collateral security, liability for corporate debts, p. 43, § 322. Transfer of personal property, when a.mortgage and when a pledge, p. 56, § 2924. PLOVER. See Game Laws. PLUMAS COUNTY. Assessor, fees and commissions by to be paid into treasury, p. 513, § 4280, subd. 7. Assessor, salary of, p. 513, § 4280, subd. 7. Assessor, salary to be in full compensation, p. 513, § 4280, subd. 7. Auditor, salary of, p. 513, § 4280, subd. 4. Constables, fees of, p. 513, § 4280, subd. 14. Coroner, fees of, p. 513, §4280, subd. 9. County clerk, deputy, appointment and salary of, p. 513, § 4280, subd. 1. County clerk, salary of, p. 513, § 4280, subd. 1. District attorney, salary of, p. 513, § 4280, subd. 8. Justices, classification of townships for purpose of fixing salaries, p. 513, § 4280, subd. 13. Justices, fees collected by to be paid into county treasury, p. 513, § 4280, subd. 13. Justices, fees of, p. 513, § 4280, subd. 13. Justices, population of townships, how determined for purpose of fixing salaries, p. 513, § 4280, subd. 13. Justices, salaries of, and how paid, p. 513, § 4280, subd. 13. Justices, salaries of to be in full compensation, p. 513, § 4280, subd. 13. License collector, percentage on licenses collected, p. 513, § 4280, subd. 16. Public administrator, fees of, p. 513, § 4280, subd. 10. Recorder, salary of, p. 513, § 4280, subd. 3. Sheriff, salary of, p. 513, § 4280, subd. 2. 1504 INDEX. PLUMAS COUNTY (foiitiniicd). Suj^erintendent of schools, salary and expeuses of, p. 513, § 4280, subd. 11. Supervisors, compensation and mileage, p. 513, § 4280, subd. 15. yupervisors, mileage as road commissioners, p. 513, § 4280, subd. 15. Surveyor, fees of, p. 513, § 4280, subd. 12. Tax collector, salary of, p. 513, § 4280, subd. fi. Treasurer, salary of, p. 513, § 4280, subd. 5. PLUMBING. Examination, certification and registration of plumbers, p. 1140, Act 2712a. State board of health, powers and duties in relation to examination, etc., of plumbers, p. 1140, Act 2712a. POLICE. Amendment of act creating police relief, health, life insurance and pension fund, p. 1142, Act 2735. Senior rights of members of paid police department, p. 1143, Act 2736. POLICE COURTS. Cities of first and one-half class, in, p. 1143, Act 2741a. POLL TAXES. Repeal of provisions relating to, pp. 345, 346, §§ 3839-3862. POOR. See Orphan Asylums- Paupers. POSSESSION. Change of not necessary on transfer of exempt property, p. 100, § 3440. Sale of stock in trade without change of, recording notice of, p. 100, § 3440. Sale under order of court or by officer, change of possession not neces- sary, p. 100, § 3440. Transfer of personalty without change of possession presumed fraud- ulent when, p. 100, § 3440. Transfer of wines in wineries, etc., without change of possession, how made, p. 100, § 3440. POST ROADS. Assent of state to act of congress providing aid to state in construct- ing rural post roads, p. 799, Act 1467a. POWER COMPANIES. l'"r;i iiilii:-c i;i.\ fur state [jurposes on. See State Board of Equaliza- limi. POWERS OF SALE. .Mortgages or trusts, in, how exercised, ]>. .")(), S 21124. PRACTICE. See Answer; Demurrer; Time. .ImlK'Hcnt.s, relief against, p. 11, §473. .lust ices' courts, in. See .Inst ices' Courts. _ PRESIDIO. Ac('e[)taiif.e ))y state of cession of poitioii of Presidio, Sun Francisco, p. 1358, Act 4219. INDEX. ]505 PRAIRIE CHICKENS. See Game Laws. PREMIUM. Insurance. See Insurance Companies. PRESENTMENT. Bill of exchange, of. See Bills of Exchange. Payment, for. See Negotiable Instruments. PRESIDENTIAL ELECTORS. Appropriation to pay expenses of, p. 698, Act 1010a. PRESUMPTION. Community projicrty, of validity of lease, mortgage or deed of by husband alone, p. 38, § 172a. Consideration of negotiable instrument, of, p. 65, § 310.5. Conveyance or mortgage by wife, presumption in favor of purchaser or encumbrancer, p. 37, § 164. Conveyance to husband and wife, presumption on, p. 37, § 164. Date of issuing, accepting or indorsing negotiable instrument, pre- sumption as to, p. 61, § 3092. Indorsement, as to time of, p. 68, § 3126. Indorsement, place of, presumption as to, p. 69, § 3127. Married woman, presumption on conveyance to, p. 37, § 164. Negotiable instruments, presumption of valid delivery in favor of, p. 62, § 3097. PRIMARY ELECTIONS. See Elections. PRINCETON-CODORA-GLENN IRRIGATION DISTRICT. Formation of validated, ]>. 900, Act ]72.3n. PRINCIPAL AND AGENT. See Agency. PRINTER, STATE. See State Printer. PRISONERS. Assistance to paroled and discharged prisoners, p. 1139, Act 2623. Judgment to direct defendant to be taken to warden of San Quentin prison, p. 149,. § 1202a. Pardons. See Pardons. Transfer of prisoner from one state prison to another, p. 149, § 1202a. PRISONS. See San Quentin Prison. Articles made in prisons or reformatories to be labeled, p. 984, Act 2103. Asexualization of convicts, provision for, p. 558, Act 248. Notice that articles made at prisons or reformatories are for sale, p. 984, Act 2103. Transfer of prisoner from one state prison to another, p. 149, § 1202a. PRIVILEGED COMMUNICATIONS. Attorney as witness, p. 33, § 1881. Attorney, secretary, clerk or stenographer as, p. 33, § 1S81. Communications between what persons are, p. 33, § 1881. Grand jury, comments in reports of are not privileged, p. 147, § 928. Husbands or wives as witnesses against each other, p. 33, § 1881. Husbands or wives, communications between, p. 33, § 1881. 95 1506 INDEX. PRIVILEGED COMMUNICATIONS (Continued). Husbands or wives, competency of as witnesses in criminal proceed- ings, p. 33, § 1881. Physician or surgeon, action for personal injuries or death as con- sent to testifying, p. 33, § 1881. Physician or surgeon as witness, p. 33, § 1881. Physicians or surgeons, consent to testifying by executor of patient, ' p. 33, § 1881. Physician or surgeon, consent to testifying by executor, surviving spouse or children of patient, p. 33, § 1881. Physician or surgeon, consent to testifying by guardian of children of patient, p. 33, § 1881. Physician or surgeon, consent to testifying by surviving spouse or children of patient, p. 33, § 1881. Priest as witness, p. 33, § 1881. Public officer as witness, p. 33, § 1881. PROBATE LAW. See Estates of Decedents; Executors and Adminis- trators. PROBATION, See Parole. Adult probation board in Alameda county. See Alameda County. Adult probation board in San Francisco. See San Francisco. Bonds, exoneration of after requiring, p. 149, § 1203, subd. a. Bonds, requirement of on granting, p. 149, § 1203, subd. a. Breach of conditions of probation to be reported to court, p. 157, § 1203, subd. k. Conditions and terms of probation to be furnished defendant, p. 157, § 1203, subd. k. Conditions of, imposition of, p. 149, § 1203, subd. a. Discharge of defendant at end of probation, p. 151, § 1203, subd. d. Discharge of defendant held on, authority of court and" procedure, p. 151, § 1203, subd. d. Dismissal of accusation or information where terms of probation fulfilled, p. 151, § 1203, subd. e. Fine, on judgment to pay, p. 149, § 1203, subd. a. General provision as to, p. 149, § 1203. Investigation of ease and report by probation officer, p. 149, § 1203. •Juvenile court law. See Juvenile Court Law. Modification of probation, authority of court, p. 151, § 1203, subd. d. Officers and deputies, same to serve as under juvenile court law ex- cept in certain counties, p. 151, § 1203, subd. f. Officers have powers of peace officers, p. 157, § 1203, subd. k. Plea, charge of where conditions of probation fulfilled, p. 151, § 1203, subd. e. Prisoner may be admitted to when, ]). 149, § 1203. Prisoner placed in charge of probation officer, p. 149, § 1203, subd. a. Recommendation as to probation by probation officer, p. 157, § 1203, subd. i. Records as to defendant released on proltation, what to contain. p. 157, § 120.3, sulxl. i. Records of probation officer part of records of case, p. 157, §1203, subd. i. Records of probation officer, right to inspect, p. 157, § 1203, subd. i. Report oti ilcfciKlaiit's antecedents by proi);itiou officer, p. 157, § 1203, subd. i. INDEX. 1507 PROBATION (Continued). Reports of probation officer, how prepared and what to show, p. 157, § 12()H, sul)d. j. Keport.s of probation officers, when to be filed, p. 157, § 12U8, subd. j. Eeports of probation officer, with whom to be filed, p. 157, § 12U3, subd. j. Revocation of probation, authority as to, pp. 15U, 151, § 12(K\, subds. c and d. Revocation of probation, grounds for, p. 150, § 1203, subd. c. Revocation of probation, pronouncing judgment after, p. 150, § 1203, subd. c. Revocation of probation, rearrest of defendant, p. 150, § 1203, subd. c. Suspension of sentence, duration of, p. 1-19, § 1203, subds. a, b. Suspension of sentence, when authorized, p. 149, §'1203, subd. a. Transfer of case to another court and power of court, j). 156, § 1203, subd. h. Verdict of guilty, setting aside where conditions of probation ful- filled, p. 151, § 1203, subd. e. When prisoner may be admitted to, p. 149, § 1203. PROBATION OFFICERS. See Probation. PROCESS. See Summons. Military courts, issuance of process by, p. 248, § 2024. Saturday afternoon, issuance, filing service or execution of process on, p. 161, § 10. PRODUCTION OF DOCUMENTS. Military courts may compel, p. 247, § 2023. PROMISSORY NOTES. See Negotiable Instruments. Alteration of. See Negotiable Instruments. Bill of exchange may be treated as when, p. 86, § 3211. Defined, p. 97, § 3265. Delivery, meaning of, p. 98, § 3266. Dishonor of. See Negotiable Instruments. Drawees. See Negotiable Instruments. Drawn to maker's own order, not complete until indorsement, p. 97, § 3265. Holder, meaning of, p. 98, § 3266. Holders of, rights of. See Negotiable Instruments. Indorsement, meaning of p. 98, § 3266. Indorsement of. See Negotiable Instruments. Instrument, meaning of, p. 98, § 3266. Issue, meaning of, p. 98, § 3266. Makers. See Negotiable Instruments. Negotiation of. See Negotiable Instruments. "Note," meaning of, p. 98, § 3266. Value, meaning of, p. 9S, § 3266. PROTECTION DISTRICTS. See Levee Districts; Reclamation Districts; Storm Water Districts. Act of 1909 for formation, organization and government of storm- water districts, amendments of, p. 1146, Act 2806. Refund of unused assessments, p. 1145, Act 2804. PROTEST. See Negotiable Instruments. Bill of exchange, for nonpayment of. See Bills of Exchange. Bills of exchange, of. See Bills of Exchange. 1508 INDEX. PUBLIC ADMINISTRATOR. Attorney general may direct commence- ment of administration where none commenced within six months, p. 24, § 1269. PUBLIC HEALTH. See Cemeteries. Contagious diseases enumerated, p. 278, § 2979a. Contagious diseases, taking measures to arrest spread of, p. 278, § 2979a. Coroner, duty to report contagious diseases, p. 278, § 2979a. Dairy products, prevention of manufacture and sale of from un- healthy animals, p. 617, Act 473. Drinking cups for common use, use of forbidden, p. 1164, Act 2844e Extermination of rodents, insects, vermin, etc., provision as to^ p. 1155, Act 2836a. Health officer, appointment of in lieu of board, repeal of provision relating to, p. 279, § 3062. Health officer, compensation and expenses, p. 279, § 3061; p. 28l , § 3064. Health officer, duties of enumerated, p. 278, § 2984; p. 279, § 3061. Health officer, proceedings on refusal of supervisors to appoint p. 280, § 3064. Health officer, supervisors to appoint, p. 279, § 3061. Health officer, term of office, p. 279, § 3061. Health officer, vital statistics, duties as to, p. 278, § 2984. House boats, provision as to anchoring in streams used for domestic purposes, p. 1151, Act 2830. Local health districts, boundaries of, changing, p. 1157, Act 2840c. Local health districts, formation, government, organization, opera- tion and dissolution of, p. 1157, Act 2840c. Local health districts, officers, deputies and assistants, appointment and compensation, p. 1157, Act 2840c. Local health districts, officers, qualifications, powers and duties of, p. 1157, Act 2840c. Local health districts, taxes, levy, collection and disbursement, p. 1157, Act 2840c. Nurses to report contagious diseases to, p. 278, § 2979a. Occupational diseases, repeal of act providing for reporting of, p. 1151, Act 2827. Pest house or hospital for contagious or infectious diseases, provi- sion prohibiting keeping of repealed, p. 105, § 373. Physician to report contagious diseases, p. 278, § 2979a. Plumbing. See Plumbing. Rules and regulations in sanitary matters, supervisors to adopt, p. 279, § 3061. Sanitation, healthfulness and cleanliness of bathhouses and swim- ming resorts, p. 1386, Act 4349e. See State Board of Health. Sewage, discharge of into stream, act relating to, p. 1151, Act 2830. State board of. See State Board of Health. State board of liealth, duties of in relation to food kept in cold storage, p. 626, Act 624. Syphilis and gonocoeeus, how reported, p. 278, § 2979a. Towels, keeping of for coTnmon use in public places forbidden, p. 1165, Act 2844f. Water dangerous to health, pre\ention of use of, p. 1380, Act 4348b, Wiping rags not to be cleaned in laundry, p. 1157, Act 2840b. PUBLIC INSTRUCTION. Sec Sdiools. INDEX. 1509 PUBLIC LANDS. See State Land Settlement Board. Forfeiture of lands, sold by state for nonpayment of interest or principal, act relating to. p. 1168, Act 2875f. Irrigation district, state lands within subject to assessment, p. 1202, Act 2984. Leasing of state lands, provision for, p. 1166, Act 2874a. Reselection of lands by state when selection rejected, p. 1165, Act 2845a. Reselection of lands where selection rejected, maxinuini fee to be charged for services, p. 1165, Act 2845a. Sale of, forfeiture, duty of register of state land office and of recorders, p. 305, § 3513. Sale of, forfeiture, land again subject to entry and sale, p. 305, §3513. Sale of, forfeiture, record of as notice, p. 305, § 3513. Sale of, interest, failure to make payments, penalties and forfeitures, p. 305, § 3513. Sale of, payments, failure to make, penalties and forfeitures, p. 305, §3513. Sale, payments, time and manner of making, p. 305, § 3513. School lands, relief of purchaser who has failed to pay interest, p. 1256, Act 3834a. State board of control authorized to retransfer certain lands to original owners, p. 1173, Act 2S75b. State land patents, effect of in certain cases, p. 1173, Act 2875g. Swamp and overflowed lands. See Swamp and Overflowed Lands. PUBLIC LIBRARIES. See Free Libraries. Distribution of laws, resolutions and journals of legislature to, p. 162, §410. PUBLIC NUISANCES. See Nuisances. PUBLIC OFFICERS. See Officers. PUBLIC PARKS. See Parks. PUBLIC SCHOOLS. See Schools. PUBLIC SECURITIES. See Bonds. PUBLIC UTILITIES. Franchise rights of street, suburban or interurban railroads, provi- sion for resettlement of, p. 719, Act 1235. _ Railroad commission, amendments of act organizing and defining rights, powers and duties, p. 1175, Act 2886. Safety of employees of, jurisdiction of industrial accident commis- sion and railroad commission over, p. 1035, Act 2143e. Service letters, to furnish employees leaving service with, p. 986, Act 2139b. Stock without a nominal or par value, issuance of by, p. 629, Act 755a. PUNISHMENT. Particular offense, of. See Burglary. Probationary treatment. See Probationary Treatment. Sentence. See Sentence. PUPILS. See Schools. 1510 INDEX. QUAIL. See Game Laws. QUARANTINE. Hortieultuial. See State Commissiouer of Horticulture. QUARTERMASTER CORPS. See National Guard. QUIETING TITLE'. Burut or destroyed records or documents, in ease of, p. 616, Act 4.36. State, actions against to quiet title authorized, p. 12.S9, Act 3796a. QUO WARRANTO. Not to be maintained atrainst reclamation district after five years, p. 282, § Uri?,. R RABBIT. See Game Laws. Jack. ■ See Game Laws. RAGS. Wiping, not to be cleaned in laundry, p. 11.57, Act 2840b. RAIL. See Game Laws. RAILROAD COMMISSION. Amendments of act organizing and defining rights, powers and duties, p. 117.5, Act 2886. Jurisdiction of over safety of emplovees of public utilities, p. 1035. Act 2143e. RAILROADS. K<|uipment of steam locomotives with automatic bell-ringing devices, p. 1198, Act 2936e. Franchises of street, suburban or interurban railroads, provision for resettlement of, p. 719, Act 1235. Franchise tax for state purposes on. See State Board of Equaliza- tion. Taxes, reimbursement of counties for loss of on se])aration of state and county taxes, p. 339, § 3671. RATS. See Game Laws. Kxtennination of, provision as to, p. 1155, Act 2836a. REAL ESTATE-. Agoits, Itrokers, or salesmen, definition of, p. 539, Act 60. ijand colonization and rural credits, repeal of act of 1915 relating to, p. .545, Act 78d. Land colonization act of 191 7. See State Land Settlement Board. Land titles, regulation of and powers of survevor-general as to, p. 1283, Act 398S. Malicious injuries to freeludd, wiiat are misdemeanors, p. 110, §602. Regulation, su])ervision and licensing of real estate agents and hrokci's, p. 539, Act 60. Title lo. Sec Title. RECEIVER. Sale or iiioitgage ]\\, cliangt! of possession not iiecessarN', p. 100, § '■'•iH). INDEX. 1511 RECEIVER (Continued). Unclaimed funds deposited with state treasurer, payment of by treasurer, p. 15, § 570. Unclaimeil funds, disposition of, p. 15. § 570. Unelaimed funds, report of to court, p. 15, § 570. RECLAMATION DISTRICTS. See Levee Districts; Protection Dis- tricts. Accounts, repeal of provision for keeping and right of inspection of, p. 296, § 3468. Approval of petition for formation of, p. 2S1, § 3449. Assessment commissioners, number, appointment, qualifications, powers and duties, p. -288, § 3456. Assessments, action to correct, modify or annul, p. 293, § 3462. Assessments, additional, where original insufficient, p. 292, § 3459. Assessments, collection of, proceedings for, p. 295, § 3466. Assessments, delinquent, become when, p. 295, § 3466. Assessments, delinquent, proceedings for collection of, p. 295, § 3466. Assessments for construction of works, provision relating to, p. 288, § 3456. Assessments for maintenance of works, provision relating to, p. 288, § 3456. Assessments, interest on after thirty days, p. 295, § 3466. Assessments, lien, become, p. 294, § 3463. Assessments, lien of, subsequent conduct of trustees not to affect, p. 294, § 3463. Assessments, lists of changes, preparation and filing of, p. 293, §§ 3460, 3462. Assessments, mistakes, errors or omissions from, correction of, p. 293, § 3460. Assessments, objections to and hearing on, p. 293, § 3462. Assessments, payment of, p. 295, § 3465. Assessments, reapportionment of on subdivision of land, p. 293, §3460. Authorized to contract with United States Reclamation Service for reclamation of lands, p. 951, Act 1732j. Bonds, issuance of by, provision relating to, p. 297, § 3480. By-laws for government of, p. 281, § 3452. District No. 108, defining exterior boundaries of, p. 119S, Act 2956d. District No. 108, jurisdiction of supervisors of Colusa county over, p. 1198, Act 2956. District No. 108, liquidation of affairs of, p. 1198, Act 2956d. District No. 108, management and control of, p. 1198, Act 2956d. District No. 108, moneys of paid to countv treasurer of Colusa county, p. 1198, Act 2956d. District No. 108, subject to provisions of Political Code and of other laws. p. 1198, Act 2956d. District No. 108, trustees of, p. 1198, Act 2956d. District No. 1001, amendment of act relating to, p. 1199, Act 2966e. District No. 1500, amendment of act relating to, p. 1201, Act 2981b. District No. 2020, creation, control and management of, p. 1200, Act 2966m. Drainage. See Drainage. Formation of, property owners may petition for, p. 281, § 3446. Hearing, continuances of, p. 281, § 3449. Hearing of petition for formation of, p. 281, § 3449. 1512 INDEX. RECLAMATION DISTRICTS (Coutinued). Lands improperly included to be excluded from district, p. 281, § 3449. Lands omitted that should have been included, proceedings to in- clude, p. 281, § 3449. Notice of time when petition presented to supervisors, p. 281, § 3449. Notice to nonappearing land owners to appear, p. 281, § 3449. Order approving petition, p. 281, § 3449. Petition for formation of, verification and publication of, p. 281, § 3447. Petition for formation of, what to set forth, p. 281, § 3446. Plans and estimates of work, provision relating to, p. 286, § 3455. Proceedings to determine legality of district, p. 282, § 3453; p. 285, § 3454, subd. 11. Protection districts. See Protection Districts. Quo warranto proceedings not to be maintained against after five years, p. 282, § 3453. Revolving fund for, p. 283, § 3454, subd. 5. State lands in, failure of purchaser to make pavments, effect of, p. 305, § 3513. Storm water districts. See Storm Water Districts. Trustees, compelled to perform duties by mandamus, p. 294, § 3463. Trustees, compensation of, p. 286, § 3454, subd. b. Trustees, disqualification of, p. 286, § 3454, subd. b. Trustees, meetings of, p. 286, § 3454, subd. c. Trustees, number, election and organization of, p. 282, § 3453. Trustees, organization of, p. 282, §3453; p. 283, § 3454. Trustees, powers of enumerated, p. 282, § 3453; p. 283, § 3454. Trustees, secretary of, election and duties, p. 283, § 3454, subd. 3. Warrants, provision relating to, p. 290, § 3457. W^ork, repeal of provision that it is to be done under direction of trustees, p. 296, § 3467. RECORDER. Notations bv on certificates of sale and tax deeds on sale of prop- erty sold to state, p. 346, § 3898. RECORDS. See Burnt or Destroyed Records or Documents. Corporate. See Corporations. REDEMPTION. Taxation, redemption from. See Taxation. REDWOOD PARK. See California "Redwood Park. REFERENDUM. Act docs not apply to charter cities with provision for referendum, J). 842, Act 1624. Act does not apply to street proceedings, p. 842, Act 1624. REFORMATORIES. See California School for Girls; California State Keformatory. Articles made in prisons or reformatories to be" labeled, p 984 Act 2103. ^ ' Notice that articles made at prisons or reformatories arc for sale p. 984, Act 2103. ' VVhittier Slate School. See Whittior State School. INDEX. 1513 REFRIGERATOR COMPANIES. Franchise tax for state purposes on. See State Board of Equaliza- tion. REGISTRATION. See Elections. Births, marriages and deaths. See Vital Statistics. RELIGIOUS, SOCIAL AND BENEVOLENT CORPORATIONS. Articles of incorporation, rules governing, p. .51, § 594. Articles of incorporation, what to contain, p. 51, § 594. Articles of incorporation, statements in, p. 51, § 594. Authorized to incorporate, p. 51, § 594. By-laws, adoption and amendment of, p. 52, § 604a. Capital stock, to be incorporated without, p. 51, § 594. Certificate of incorporation, attestation of, p. 52, § 604a. Directors, election of, p. 52, § 604a. Incorporation of authorized, p. 52, § 604a. Incorporation of, authorization of members, p. 51, § 594. Incorporation of, manner of, p. 52, § 604a. Incorporation of, manner of, p. 51, § 594. Incorporation of, place of business, p. 51, § 594. Powers and duties of, p. 52, § 604a. Profit, cannot be incorporated for, p. 51, § 594. Purposes for which may be incorporated, p. 52, § 604a. Records of, what to be kept, p. 46, § 378. REPLEVIN. See Claim and Delivery. REPORTS. Distribution by secretary of state of reports of decisions of supreme court and district courts of appeal by, p. 162, § 410. State board of equalization, to by companies subject to franchise tax, p. 323, § 3667b. RESIDENCE. Husband, residence of as residence of wife, p. 190, § 1239. Rules for determining place of, p. 190, § 1239. RESIGNATIONS. Officers, of. See Offices and Officers. REVENUE. See Taxation. Licenses. See Licenses. RIVERS. See Waters. Particular river. Sec particular title. RIVERSIDE COUNTY. Additional help in case work of office not down to date, p. 401, § 4242, subd. 19. Additional help on formation of drainage, road or other special dis- tricts, p. 401, § 4242, subd. 20. Assessor, deputies and assistants, number, appointment and salaries, p. 401, § 4242, subd. 7. Assessor, fees and commissions to be paid into treasury, p. 401, § 4242, subd. 7. Assessor, salary of, p. 401, § 4242, subd. 7. Auditor, deputies, number, appointment and conifjonsation, p. 401, § 4242, subd. 4. 1514 INDEX. RIVERSIDE COUNTY (Continued). Auditor, salary of, p. 4Ul, § 4242, subd. 4. Auditor, statement of e'xpenses for extra assistants, p. 401, § 4242, subd. 4. Constables, salaries, fees, allowances, mileage and expenses, p. 401, § 4242, subd. 14. Constables, township officers, are, p. 401, § 4242, subd. 13. Coroner, fees of, p. 401, § 4242, subd. 8. Countv clerk, deputies, number, appointment and salaries, p. 401, § 4242, subd. 1. County clerk, fees and commissions to be paid into treasury, p. 401, § 4242, subd. 1. County clerk, salary and allowances of, p. 401, § 4242, subd. 1. District attorney, deputy and stenograDher, appointment and salary, p. 401, § 4242, subd. 10. District attorney, salary and expenses, p. 401, § 4242, subd. 10. Justices, clerk for, appointment, powers, duties and compensation, p. 401, § 4242, subd. 14. Justices, fees and fines, payment into treasury and report of, p. 401, § 4242, subd. 14. Justices, rooms, furniture, stationery and supplies for, p. 401, § 4242, subd. 14. Justices, salaries of, p. 401, § 4242, subd. 14. Justices, township officers, are, p. 401, § 4242, subd. 13. Population of counties to determine compensation, fixing by super- visors, p. 401, § 4242, subd. 16. Probation officer and assistants and salaries of, pp. 955, 956, Act 1770a, §§ 19i; 19k. Purchasing agent, appointment, compensation and duties, p. 401, § 4242, subd. 18. Public administrator, fees of, p. 401, § 4242, subd. 9. Recorder, deputy and assistants, appointment, number and compensa- tion, p. 401, § 4242, subd. 3. Recorder, fees and commissions to be paid into treasury, p. 401, § 4242, subd. 3. Recorder, salary, p. 401, § 4242, subd. 3. Sheriff, fees and commissions received by to be turned into treasury, p. 401. § 4242, subd. 2. Sheriff, salary, commissions, fees and mileage, p. 401, § 4242, subd. 2. Slieriff, under-slieriff and deputy, appointment and salaries, p. 401, § 4242, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 401, §4242, subd. 11. Superintendent of schools, office hours, p. 401, § 4242, subd. 11. Superintendent of schools, salary and expenses, p. 40], §4242, subd. 11. Supervisors, appointment of purcliasing agent from among, and duties and compensation of, p. 401, § 4242, subd. 18. Supervisors, salary, mileage and expenses of, p. 401, § 4242, subd. 17. Surveyor, costs of assessor's maps a county charge, p. 401, § 4242, Bubd. 12. Surveyor, deputies and field a.ssistants, appdintment and salaries of, p. 401, § 4242, subd. 12. Surveyor, expenses for fielil nssisfaiits a county charge, p. 401, § 4242, subd. 12. Surveyor, salary of, p. 401, § 4242, subd. 12. INDEX. 1515 RIVERSIDE COUNTY (Continued). Tax collector, deputies and assistants, number, appointment and sal- aries, p. 401, § 4242, subd. 6. Tax collector, salary of, p. 401, § 4242, subd. 6. Township officers in, wliat officers are, p. 401, § 4242, subd. 13. Treasurer, deputy, appointment and salary of, p. 401, § 4242, subd. 5. Treasurer, fees and commissions to be paid into treasury, p. 401, § 4242, subd. 5. Treasurer, salary of, p. 401, § 4242, subd. 5. ROADS. See Highways. ROBINS. See Game Laws. RODENTS. Extermination of, provision as to, p. 1155, Act 2836a. RURAL CREDITS. Ecpeal of act of 1915 relating to, p. 545, Act 78d. RURAL POST ROADS. Assent of state to act of congress providing aid to state in construc- tion of, p. 799, Act 1467a. s SACRAMENTO RIVER. Improving navigability of and acquiring land for, p. 1246, Act 3818b. Navigation of, improvement of and appropriation for, p. 1248, Act 38]Se. Rectifying and improving channel of, p. 1246, Act 381Sb. SACRAMENTO RIVER WEST SIDE LEVEE DISTRICT. Amendment of act creating, p. 975, Act 1923. SAGE HEN. See Game Laws. SAILORS. See Soldiers and Sailors. Burial of ex-Union sailors and marines dying without means, p. 1238, Act 3693. Care of graves of sailors and marines, p. 1239, Act 3693a. License tax, exemption of honorably discharged sailors from, p. 280, § 3366. SAINT IGNATIUS UNIVERSITY. Repeal of section admitting graduates to practice on diploma from, p. 9, § 280b. SALARIES. Justices of the peace, of, p. 2, § 103. Particular otficer, of. See particular title. SALES. Adulterated or mislabeled foods or liquors, prevention of sale of, p. 531, Act 29. Articles made in prisons or reformatories to be labeled, p. 984, Act 2103. Change of possession not necessary on sale under order of court or by officer, p. 100, § 3440. 1516 INDEX. SALES (Continued). Change of possession not necessary on transfer of exempt property, p. 100, § 3440. Contract of sale, concealment, removal or disposal of by person hold- ing under an embezzlement, p. 106, § 504a. Eggs, regulation of sale of where in transit more than thirty-one days, p. 661, Act 991a. Explosives, of, regulation of, p. 703, Act 1092. False representations as to dealer, manufacturer or producer, punish- ment for, p. 104, § 351a. Net container bill, amendment of, p. 1135, Act 2453. Notice that articles made at prisons or reformatories are for sale, p. 984, Act 2103. One may sell goods of another under his own name with consent of other, p. 104, § 351a. Stock in trade, sale of, recording notice of, p. 100, § 3440. Transfer of personalty without change of possession presumed fraud- ulent, p. 100, § 3440. Transfer of wines in wineries, etc., without change of possession, how made, p. 100, § 3440. SAN ANTONIO CANYON, San Gabriel mountains, prevention of forest fires in, p. 708, Act 1172. SAN BENITO COUNTY. Assessor, commissions paid into treasury for benefit of salary fund, p. 499, § 4272, subd. 7. Assessor, deputies, number, appointment and salaries, p. 499, § 4272, subd. 7. Assessor, salary of, p. 499, § 4272, subd. 7. Auditor, salary of, p. 499, § 4272, subd. 4. Board of education, salaries and mileage, p. 499, § 4272, subd. 16. Board of education, secretary, salary and expenses of, p. 499, § 4272, subd. 16. Constables, population, how ascertained for purpose of fixing salaries of, p. 499, § 4272, subd. 17. Constables, salaries, fees and expenses of, p. 499, § 4272, subd. 14. Coroner, fees of, p. 499, § 4272, subd. 9. County clerk, deputy, appointment and salary of, p. 499, § 4272, subd. 1. County clerk, salary and fees of, p. 499, § 4272, subd. 1. District attorney, salary of, p. 499, § 4272, subd. 8. .Tustices, population, how ascertained for purpose of fixing salaries, ]K 499, §4272, subd. 17. Justices, salaries and fees of, p. 499, § 4272, subd. 13. Probation officer and salary of, p. 956, § 19nn, Act 1770a. Public administrator, fees of, p. 499, § 4272, subd. 10. Recorder, copyists, appointment and salary of, p. 499, § 4272, subd. 3. Recorder, salary of, p. 499, § 4272, subd. 3. Sheriff, salary, fees, commissions and mileage, p. 499, § 4272, subd. 2. Superintendent of schools, salary and expenses of, p. 499, § 4272, subd. n. Supervisors, salary, expenses and mileage, p. 499, § 4272, subd. 15. Surveyor, fees of, p. 499, § 4272, subd. 12. Tax collector, salary of, p. 499, § 4272, subd. 6. Treasurer, snlnry of, p. 499, § 4272, subd. 5. INDEX. 1517 SAN BERNARDINO COUNTY. Assessor, deputy, appointment and salary, p. 375, § 4237, subd. 7. Assessor, salary, fees, allowances and percentages, p. 375, § 4237, subd. 7. Auditor, deputy and clerks, appointment, number and salaries, p. 375, § 4237, subd. 4. Auditor, fees of to be paid into county treasury, p. 375, § 4237, subd. 4. Auditor, salary and fees of, p. 375, § 4237, subd. 4. Board of education, claims of, how presented, audited and paid, p. 375, § 4237, subd. 12. Board of education, compensation and mileage, p. 375, § 4237, subd. 12. Board of education, secretary of, salary of, p. 375, § 4237, subd. 12. Boundary between and Kern, establishment of, p. 646, Act 826b. Constables, salaries and fees of, p. 375, § 4237, subd. 15. Coroner, fees of, p. 375, § 4237, subd. 9. County clerk, deputies, appointment and salaries, p. 375, § 4237, subd. 1. County clerk, salary, fees and allowances, p. 375, § 4237, subd. 1. District attorney, deputies, appointment, number, qualifications and salaries, p. 375, § 4237, subd. 8. District attorney, salary of, p. 375, § 4237, subd. 8. Jurors, grand, compensation and mileage, p. 375, § 4237, subd. 17. Jurors, trial, compensation and mileage of, p. 375, § 4237, subd. 17. Justices, salaries and fees of, p. 375, § 4237, subd. 14. Population of townships in, how determined, p. 375, § 4237, subd. 18. Public administrator, salary and fees of, p. 375, § 4237, subd. 10. Recorder, deputy, appointment and salary, p. 375, § 4237, subd. 3. Recorder, fees to be paid into county treasury, p. 375, § 4237, subd. 3. Recorder, monthly report of, p. 375, § 4237, subd. 3. Recorder, salary and allowances of, p. 375, § 4237, subd. 3. Sheriff, deputies and assistants, number, enumeration, appointment and salaries, p. 375, § 4237, subd. 2. Sheriff, salary, fees, commissions and mileage, p. 375, § 4237, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 375, §4237, subd. 11. Superintendent of schools, office hours of, p. 375, § 4237, subd. 11. Superintendent of schools, salary of, p. 375, § 4237, subd. 11. Supervisors, salaries and expenses of, p. 375, § 4237, subd. 16. Surveyor, deputies and assistants, number, appointment and salaries, p. 375, § 4237, subd. 13. Surveyor, salary and expenses, of, p. 375, § 4237, subd. 13. Tax collector, deputies and assistants, appointment, number and sal- aries, p. 375, § 4237, subd. 6. Tax collector, fees to be paid into county treasury, p. 375, § 4237, subd. 6. Tax collector, salary of, p. 375, § 4237, subd. 6. Tax collector to receive no fees or commission for collection of taxes, p. 375, § 4237, subd. 6. Treasurer, deputy, appointment and salary, p. 375, § 4237, subd. 5. Treasurer, fees to be paid into county treasury, p. 375, § 4237, subd. 5. Treasurer, salary of, p. 375, § 4237, subd. 5. SAN DIEGO CITY. Exposition at. See Expositions. Grant of certain lands in, to Independent Order of Odd Fellows, Lodge No. 153, p. 1205, Act 3158c. Waterfront, grant of to, p. 1203, Act 3158a. 1518 INDEX. SAN DIEGO COUNTY. Additional assistance to incumbent where work not brought down to date by predecessor, p. 370, § 4236, subd. 17. Assessor, deputies and clerics, number, enumeration of, appointment and salaries, p. 370, § 4236, subd. 7. Assessor, salary of, p. 370, § 4236, subd. 7. Assessor, to receive no commissions or compensation outside of sal- ary, p. 370, § 4236, subd. 7. Auditor, deputies, number, appointment and salaries, p. 370, § 4236, subd. 4. Auditor, salary of, p. 370, § 4236, subd. 4. Board of education, secretary to receive no compensation, p. 370, §4236, subd. 9. Clerks, copyists and employees, appointment of and time and manner of payment of, p. 370, § 4236, subd. 18. Constables, classification of townships for purpose of fixing com- pensation, p. 370, § 4236, subd. 13. Constables, offices and furniture for, p. 370, § 4236, subd. 15. Constables, population of townships, how determined for purpose of fixing salaries, p. 370, § 4236, subd. 13. Constables, salaries, fees, expenses and allowances, p. 370, § 4236, subd. 15. Coroner, assistants of and salaries and fees of, p. 370, § 4236, subd. 11. Coroner, salary and expenses of, p. 370, § 4236, subd. 11. County clerk, deputies, clerks and assistants, number, appointment and salaries, p. 370, § 4236, subd. 1. County clerk, salary of, p. 370, § 4236, subd. 1. Deputies, appointment of and time and manner of pavment of salary, p. 370, § 4236, subd. 18. District attorney, deputies and stenographer, number, appointment and salaries, p. 370, § 4236, subd. 8. District attorney, salary of, p. 370, § 4236, subd. 8. Jurors, grant, fees and mileage, p. 370, § 4236, subd. 17. Jurors, trial, fees and mileage, p. 370, § 4236, sulad. 17. Justices, classification of townships for purpose of fixing compensa- tion, p. 370, § 4236, subd. 13. Justices, offices and furniture, p. 370, § 4236, subd. 14. Justices, salaries of, p. 370, § 4236, subd. 14. Justices, fees collected bv to be paid into treasurev, p. 370, § 4236, subd. 14. ' Justices, population of townships, how determined for purpose of fixing salaries, p. 370, § 4236, subd. 13. License collector, salary of, p. 370, § 4236, subd. 7. Poll taxes and road poll taxes, commissions for collecting to be allowed county on settlement with state, p. 370, § 4236, subd. 7. Public administrator, fees of, p. 370, § 4236, subd. 10. Recorder, deputies and assistants, number, appointment and salaries, p. 370, § 4236, subd. 3. Recorder, salary of, p. 370, § 4236, subd. 3. •Sheriff, deputies, clerks, and assistants, nunibt'r, enumeration, ap- pointment and salaries, [>. 370, § 423(;, subd. 2. Sheriff, payment of fees into county treasury, p. 370, § 4236, subd. 2. Sheriff, salary, allowances and expenses of, p. 370, § 4236, subd. 2. Superintendent of schools, deputy and bookkeejier, appointment and salary, p. 370, § 4236, subd. h. Superintendent of schools, salary of, j). 370, § 4236, subd. 9. Siipervisorf*, salary and mileage as, ]i. ;570, § 4236, subd. 16. INDEX. 1.519 SAN DIEGO COUNTY (Continued). Supervisors, salary and mileage for acting as road overseer, p. 870, §4236, subd. 16. Surveyor, deputy and assistants, number, enumeration, aiipoiutnieiit and salaries, p. 370, § 4236, subd. 12. Surveyor, salary of, p. 370, § 4236, subd. 12. Tax collector, deputies, clerks and assistants, appointment, number and salaries, p. 370, § 4236, subd. 6. Tax collector, salary and fees, p. 370, § 4236, subd. 6. Treasurer, deputy, salary of, p. 370, § 4236, subd. 5. Treasurer, fees to be paid to country treasury, p. 370, § 4236, subd. 5. Treasurer, salary of, p. 370, § 4236, subd. 5. Treasurer, to receive no compensation for services in connection with inheritance tax, p. 370, § 4236, subd. 5. SAN DIMAS CANYON. San Gabriel mountains, provision for fighting forest fires in, p. 708, Act 1171. SANDPIPERS. See Game Laws. SAN FRANCISCO. Acceptance by state of cession of portion of Presidio, San Francisco, by United States, p. 135.5, Act 4219. Act authorizing annexation of territory in San Mateo countv, p. 1207, Act 3348b. Adult probation board of, duties of members of, p. 152, § 1203, subd. g. Adult probation board of, men)bers act without compensation, p. 152, § 1203, subd. g. Adult probation board, number, appointment, eligibility and oath of members of, p. 152, § 1203, subd. g. Adult probation board, term of office, vacancies and removal of members, p. 152, § 1203, subd. g. Adult probation officers, bonds of, p. 152, § 1203, subd. g. Adult probation officers, expenses of, allowance and payment of, p. 152, § 1203, subd. g. Adult probation officers, number, appointment, salaries and terms of office, p. 152, § 1203, subd. g. Adult probation officers, offices for, duty to provide, p. 152, § 1203, subd. g. Adult probation officers, removal of, p. 152, § 1203, subd. g. Charter of, p. 1206, Act 3177. Clerical errors or omissions in assessment-books, correction of in, consent of city attorney, p. 346, § 3881. Harbor commissioner, authorized to acquire Mission Eock property, p. 1222, Act 3348d. Harbor commissioners authorized to pay claim of Fidelity and De- posit Company, p. 763, Act 1439b. Harbor commissioners, establishment of passenger transportation facilities upon Embarcadero, p. 1222, 'Act 3348c. Harbor commissioners of, powers granted to, p. 1206, Act 3335. Justice's clerk. See Justice's Clerk. Nautical school, establishment of in, p. 1134, Act 2436. Normal school, appropriation for, p. 1225, Act 3535a. Normal school "San Francisco State 'Normal School Exposition Preservation Fund," creation of and what constitutes, p. 1^25, Act 3535a. 1520 INDEX. SAN FRANCISCO (Continued). Xormal school, selection of site on grounds of Panama-Pacific In- national Exposition, p. 1225, Act 3535a. Normal school, trustees authorized to sell prpoerty and acquire new site, p. 1225, Act 3o35a. Schools, janitors and employees, employment and removal of, p. 1235, Act 3586J. Semi-monthly pay days for employees of, p. 988, Act 2142a. SAN FRANCISCO LAW SCHOOL. Repeal of section admitting graduates to practice without examina- tion, p. 9, § 280b. SAN GABRIEL MOUNTAINS. Prevention of forest fires in San Antonio Canyon in, p. 7U9, Act 1172. Provision for fighting forest fires in San Dimas Canyon in, p. 708, Act 1171. SAN JOAQUIN COUNTY. Assessor, deputies and assistants and salaries of, p. 380, § 4238, subd. 17. Assessor, salary and expenses of, p. 3S0, § 4238, subd. 7. Auditor, deputies and assistants, p. 380, § 4238, subd. 17. Auditor, salary of, p. 380, § 4238, subd. 4. Bonds of officers of to be executed bv bonding company, p. 380, § 4238, subd. 16. Bonds of ofl&eers, premium for a county charge, p. 380, § 4238, subd. 16. Constables, salaries, fees, mileage and allowances of, p. 380, § 4238, subd. 14. Coroner, fees of, p. 380, § 4238, subd. 9. Coroner, one deputy for, to be paid from coroner's fees, p. 380, § 4238, subd. 17. County clerk, deputies of, number, appointment and salaries, p. 380, § 4238, subd. 17. County clerk, salary, allowances and fees, p. 380, § 4238, subd. 1. District attorney, assistant and deputy and stenographer, salaries of, p. 3S0, § 4238, subd. 17. District attorney, salary of, p. 380, § 4238, subd. 8. Fees, commissions, mileage, etc., except as otherwise provided to be paid into county treasury, p. 380, § 4238, subd. 18. Jurors, grand, compensation and mileage of, p. 380, § 4238, subd. 19. Jurors, trial, compensation and mileage of, p. 380, § 4238, subd. 19. Justices, clerk, appointment, term of office, duties, compensation and bond, p. 380, § 4238, subd. 13. Justices, salaries and fees of, p. 380, § 423S, subd. 13. Probation officers and assistants and salaries of, p. 955, Act 1770a, subd. ]9i. Public administrator, fees of, p. 380, § 4238, subd. 10. liecordor, deputies and assistants, number, appointment and salaries, §4238, subd. 17. Recorder, salary of, p. 380, § 4238, subd. 3. Salaries, fees, mileage and commissions to be in full for official ser- vices, J). 380, § 4238, subd. 18. Salaries not to be paid until fees, commissions, etc., paid into treas- ury, p. 380, § 4238, ifubd. IS. Sherifl', deputies and assistants, aiipoiiitinciit, luiniber, cmimeration and salaries, p. 380, § 423S, subd. 17. INDEX. 1521 SAN JOAQUIN COUNTY (Continued). Sheriff, salary and expenses of, p. 380, § 4238, subd. 2. Superintendent of schools, salary and traveling expenses of, p. 380, § 4238, subd. 11. Supervisors, salaries, expenses and mileage, p. 380, § 4238, subd. 15. Surveyor, deputy and salary of, p. 380, § 4238, subd. 17. Surveyor, salary and expenses of, p. 380, § 4238, subd. 12. Tax collector, salary of, p. 380, § 4238, subd. 6. Tax collector, to pay his own traveling expenses, p. 3S0, § 4238, subd. 6. Treasurer, deputies and salaries of, p. 380, § 4238, subd. 17. Treasurer, salary of, p. 380, § 4238, subd. 5. SAN JOAQUIN RIVER. Improving navigability of and acquiring land for, p. 1246, Act 3818b. Navigation of, improvement of and appropriation for, p. 1246, Act 381Sb. Rectifying and improving channel of, p. 1246, Act 3818b. SAN JOSEi. Normal school at, trustees authorized to exchange land, p. 1227, Act 3557a. SAN LUIS OBISPO COUNTY. Assessor, copyists, number, appointment and salaries, p. 458, § 4256, subd. 7. Assessor, deputy, salary of, p. 458, § 4256, subd. 7. Assessor, fees and commissions of, p. 458, § 4256, subd. 7. Assessor, salary of, p. 45S, § 4256, subd. 7. Auditor, deputy, appointment and salary of, p. 458, § 4256, subd. 4. Auditor, salary of, p. 458, § 4256, subd. 4. Constables, salaries, fees, expenses and mileage, p. 458, § 4256, subd. 14. Coroner, fees of, p. 458, § 4256, subd. 9. County clerk, deputies, number, appQiutment, salaries and allow- ances, p. 458, § 4256, subd. 1. County clerk, salary of, p. 458, § 4256, subd. 1. District attorney, deputy and clerk, appointment and salary, p. 458, § 4256, subd. 8. District attorney, salary of, p. 458, § 4256, subd. 8. Jurors, grand, fees and mileage of, p. 461, § 4256a. Jurors, trial, fees and mileage of, p. 461, § 4256a. Justices, salaries and offices, p. 458, § 4256, subd. 13. Justices, supervisors to furnish codes and amendments to, p. 458, §4256, subd. 13. Official phonographic reporter, fees and compensation of, p. 458, § 4256, subd. 16. Probation officer and salary of, p. 955, Act 1770a, § 19i. Public administrator, fees of, p. 458, § 4256, subd. 10. Recorder, salary and allowances of, p. 45S, § 4256. subd. 3. Sheriff, salary of, p. 45S, § 4256, subd. 2. Superintendent of schools, deputy, salary of, p. 458, § 4256, subd. 11. Superintendent of schools, salary and expenses of, p. 458, § 4256 subd. 11. Supervisors, salaries, expenses and mileage, p. 458, § 4256, subd. 15. 96 1522 INDEX. SAN LUIS OBISPO COUNTY (Continued). Supervisors, salary and expenses as road overseer, p. 458, § 4256, subd. 15. Surveyor, assistant, appointment and salary, p. 458, § 4256, subd. 12. Surveyor, salary, expenses and allowances of, p. 458, § 4256, subd. 12. Tax collector, deputies, number and salaries of, p. 458, § 4256, subd. 6. Tax collector, salary of, p. 458, § 4256, subd. 6. Treasurer, salary of, p. 458, § 4256, subd. 5. SAN LUIS OBISPO, TOWN OF. Charter of, p. 1224, Act 3417. SAN MATEO COUNTY. Act authorizing annexation of territorv into San Francisco County, p. 1207, Act 334Sb. Assessor, deputies, clerks and employees, number, appointment and salaries, p. 432, § 4249, subd. 7. Assessor, draftsman, appointment and salary, p. 432, § 4249, subd. 7 Assessor, fees, commissions, etc., to be paid into county treasury p. 432, § 4249, subd. 7. Assessor, salary of, p. 432, § 4349, subd. 7. Assessor, to receive no commissions or allowances outside of salary p. 432, § 4249, subd. 7. Auditor, deputy and copyist, appointment and salaries, p. 432, § 4249 subd. 4. Auditor, salary of, p. 432, § 4249, subd. 4. Auditor to withhold justice's warrant until statement filed by, p. 432 § 4249, subd. 8. Board of education, members, compensation and mileage, p. 432 § 4249, subd. 15. Board of education, secretary, compensation of, p. 432, § 4249 subd. 15. Constables, salaries, expenses and fees of, p. 432, § 4249, subd. 14. Coroner, fees of, p. 432, § 4249, subd. 9. County clerk, deputies, clerks and stenographers, appointment and salary, p. 432, § 4249, subd. 1. County clerk, fees, commission, etc., to be paid into treasurv after January 6, 1919, p. 432. § 4249, subd. 1. County clerk, salary and allowances, p. 432, § 4249, subd. 1. District attornev, allowance for traveling and other expenses, p. 432, § 4249, subd. 7. District attorney, salary of, p. 432, § 4249, subd. 8. District attornev, stenographer, appointment and salarv, p. 432, § 4249, subd! 8. .Jurors, grand, compensation and mileage, p. 432, § 4249. subd. 7. •Tnrors, trial, compensation and mileage of, p. 432, § 4249, subd. 17. .Justices, allowances, p. 432, § 4249, subd. IS. Ju.stices. certain fees to be paid to county treasurv, p. 432, § 4249, subd. IS. Justices, salaries and fees of, p. 432, § 4249, subd. 13. Matron for fenial(> jirisoiu-rs, appointment and salarv, p. 432, § 4249, subd. 19. l^robation ollicer and .salary of, p. 956, Act 1770a, § 1911. I'uljlic administrator, fees of, p. 432, § 4249, subd. 10. Recorder, dPfuilies and copvists, appointment and salaries, p. 432, § 4249, subd. 3. Tfecorder, fees, comTiiissions, etc., in be paid to countv treasury, p. 432, § 4249, subd. 3. INDEX. 1523 SAN MATEO COUNTY (Continued). Recorder, salary of, p. 432, § 4249, subd. 3. Sheriff, salary, expenses and allowances, p. 432, § 4249, subd. 2. Sheriff, matron for female prisoners, appointment and salary, p. 432, § 4249, subd. 19. Superintendent of schools, salary and expenses, p. 432, § 4249, subd. 11. Supervisors, expenses and mileage as road commissioner, p. 432, §4249, subd. 16. Supervisors, salary and mileage, p. 432, § 4249, subd. 16. Surveyor, salary, expenses and allowances, p. 432, § 4249, subd. 12. Tax collector, clerk, copyists and indexer, appointment and salary, p. 432, § 4249, subd. 6. Tax collector, fees, perquisites and commissions to be paid into treas- ury, p. 432, § 4249, subd. 6. Tax collector, salary of, p. 432, § 4249, subd. 6. Treasurer, salary of, p. 432, § 4249, subd. 5. SAN QUENTIN PRISON. Judgment to direct pi-isoner to be taken to warden of, p. 149, § 1202a. SAN RAFAEL. Charter of, p. 1224, Act 3446. SANTA BARBARA CITY. Charter of, p. 1224, Act 3448. SANTA BARBARA COUNTY. Assessor, deputies, appointment and salaries, p. 422, § 4246, subd. 7. Assessor, salary of, p. 422, § 4246, subd. 7. Assessor, additional clerks and assistants, appointment of and com- pensation of, p. 422, § 4246, subd. 7. Assessor, allowance to of traveling expenses, p. 422, § 4246, subd. 7. Assessor, fees and commissions received by to be paid into county treasury, p. 422, § 4246, subd. 7. Auditor, clerks and assistants, appointment and compensation, p. 422, § 4246, subd. 4. Auditor, deputy, appointment and salary, p. 422, § 4246, subd. 4. Auditor, extra help for, allowance of, p. 422, § 4246, subd. 4. Constables, population, how ascertained for purpose of determining salary of, p. 422, § 4246, subd. 14. Constables, salaries, fees and expenses, p. 422, § 4246, subd. 14. Coroner, fees of, p. 422, § 4246, subd. 9. County clerk, deputies and clerk, appointment and salaries, p. 422, §4246, subd. 1. County clerk, salary and allowances of, p. 422, § 4246, subd. 1. District attorney, deputies, appointment and salaries, p. 422, § 4246, subd. 8. District attorney, salary of, p. 422, § 4246, subd. 8. Justices, population, how ascertained for purpose of determining- salary, p. 422, § 4246, subd. 13. Justices, salaries and fees, p. 422, § 4246, subd. 13. Probation officer and salary of, p. 955, Act 1770a, § 19i. Public administrator, fees' of, p. 422, § 4246, subd. 10. Recorder, deputies, appointment and salaries, p. 422, § 4246, subd. 3. Recorder, salary of, p. 422, § 4246, subd. 3. Sheriff, fees, commissions and mileage to be paid into treasurv, p. 422. § 4246, subd. 2. 1524 INDEX. SANTA BAEBAEA COUNTY (Continued). Sheriff, deputies, number, appointment and salaries of, p. 422, § 4246, subd. 2. Sheriff, salary of, p. 422, § 4246, subd. 2. Sheriff, traveling expenses, allowance of to sheriff and deputies, p. 422, § 4246, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 422, § 4246, subd. 11. Superintendent of schools, salary and expenses of, p. 422, § 4246, subd. 11. Supervisors, compensation as road commissioner, p. 422, § 4246, subd. 15. Supervisors, salaries and mileage, p. 422, § 4246, subd. 15. Surveyor, salary, expenses and allowances, p. 422, § 4246, subd. 12. Tax collector, all commissions and fees to be paid into treasury, p. 422, § 4246, subd. 6. Tax collector, deputy, appointment and salary, p. 422, § 4246, subd. 6. Tax collector, extra help, allowance of to, p. 422, § 4246, subd. 6. Tax collector, salary of, p. 422, § 4246, subd. 6. Treasurer, salary of, p. 422, § 4246, subd. 5. SANTA CLAEA. University of. See University of Santa Clara. SANTA CLAEA COUNTY. Additional assistance to officers, sui^ervisors may allow, p. 358, § 4233, subd. 14. Assessor, commissions for collections of poll or personal property taxes not allowed to, p. 358, § 4233, subd. 8. Assessor, deputies and assistants, number, appointment and salaries, p. 358, § 4233, subd. 8. Assessor, salary and expenses, p. 358, § 4233, subd. 8. Auditor, deputies, number, appointment and salaries, p. 358, § 4233, subd. 4. Auditor, what fees to be paid into county treasury, p. 35S, § 4233, subd. 4. Auditor, salary of, p. 358, § 4233, subd. 4. Constables, fees, when may retain and when to pay into treasury, p. 358, § 4233, subd. 16. Constables, population of townships, how ascertained, p. 358, § 4233, subd. 16. Constables, salaries and expenses of, p. 358, § 4233, subd. 16. Coroner, fees of, p. 358, § 4233, subd. 10. County clerk, deputies and clerks, number, appointment and salaries of, p. 358, § 4233, subd. 1. County clerk, salary and expenses of, p. 358, § 4233, subd. 1. County clerk, to pay all fees received into county treasury, p. 358, §4233, subd. 1. District attorney, deputies and clerks, number, appointment and sal- aries, p. 358, § 4233, subd. 9. District attorney, fees and commissions to be paid into treasury, p. 358, § 4233, subd. 9. District attorney, salary and expenses of, p. 358, § 4233, subd. 9. Fisii and game warden, salary and expenses and how paid, p. 358, § 4233, subd. 13. Jurors, graiul, in, cfiinpcns.-il ion jind foes and liow paid. p. 358, §4233, subd. IS. INDEX. 1525 SANTA CLARA COUNTY (Continued). Jurors, trial, in, compensation and fees and how paid, p. 358, § 4233, subd. IS. Justices, clerks of, appointment and salary, p. 358, § 4233, subd. 14. Justices, fees of, when may retain and when to be paid into treasury, p. 358, § 4233, subd. 'l4. Justices, number of, p. 358, § 4233, subd. 14. Justices, salaries of, ji. 358, § 4233, subd. 14. License collector, commissions of, p. 358, § 4233, subd. 7. License collector, limit on commissions of, p. 358, § 4233, subd. 7. Public administrator, fees of, p. 358, § 4233, subd. 10. Recorder, deputies, number, appointment and salaries, p. 358, § 4233, subd. 3. Recorder, fees to be paid into county treasury, p. 358, § 4233, subd. 3. Recorder, salary and expenses of, p. 358, § 4233, subd. 3. Sheriff, deputies, number, appointment and salaries, p. 358, § 4233, subd. 2. Sheriff, fees and mileage to be paid into county treasury, p. 358, §4233, subd. 2. Sheriff, salary and expenses of, p. 35S, § 4233, subd. 2. Superintendent of schools, deputy, appointment and salary of, p. 358, § 4233, subd. 11. Superintendent of schools, salary and expenses of, p. 358, § 4233, subd. 11. Supervisors, compensation and mileage, p. 358, § 4233, subd. 17. Supervisors, salaries of, p. 358, § 4233, subd. 17. Surveyor, deputies, number, appointment and salaries of, p. 358, §4233, subd. 12. Surveyor, fees to be paid to treasury, p. 358, § 4233, subd. 12. Surveyor, inspectors for roads and bridges, power to appoint, p. 358, §4233, subd. 12. Surveyor, salary and expenses of, p. 358, § 4233, subd. 12. Tax collector, deputies and assistants, number, appointment and salaries, p. 358, § 4233, subd. 6. Tax collector, fees to be paid into treasury, p. 358, § 4233, subd. 6. Tax collector, salary and expenses of, p. 358, § 4233, subd. 6. Treasurer, deputy, appointment and salary of, p. 358, § 4233, subd. 5. Treasurer, fees and commissions, what to be paid to treasury and what may retain, p. 358, § 4233, subd. 5. SANTA CRUZ COUNTY. Assessor, deputv, draftsman and copyists, appointment and salaries, p. 437, §42.50, subd. 7. ' Assessor, salar}' and foes of, p. 437, § 4250, subd. 7. Constables, classification of townships for purpose of fixing salaries, p. 437, § 4250, subd. 14. Constables, population, how ascertained for purpose of determining salary, p. 437, § 4250, subd. 14. Constables, salaries, expenses and fees of, p. 437, § 4250, subd. 15. Coroner, fees of, p. 437, § 4250, subd. 9. County clerk, assistants, appointment and salaries, p. 437, § 4250, subd. 1, County clerk, copyist and clerk, appointment and salary, p. 437, §4250, subd. 1. County clerk, salary and allowances of, p. 437, § 4250, subd. 1. Court reporter, fees' of, p. 437, § 4250, subd. 16. District attorney, deputy, appointment and salary of, p. 437, § 4250, subd. S'. 1526 INDEX. SANTA CRUZ COUNTY (Coutinued). District attorney, salary and expenses of, p. 437, § 4250, subd. 8. Fees, what to be paid into county treasury, p. 437, § 4250, subd. 17. Justices, classification of townships for purpose of fixing salaries, p. 437, § 4250, subd. 14. Justices, offices for, p. 437, § 4250, subd. 15. Justices, population, how ascertained for jiurpose of fixing salary ofj p. 437, § 4250, subd. 14. Justices, salaries and fees of, p. 437, § 4250, subd. 15. Justices, salaries when two justices qualify in one township, p. 437, § 4250, subd. 15. Probation officer and salary of, p. 956, Act 1770a, § 19mm. Provision relating to county officers, when goes into effect, p. 437, § 4250, subd. 18. Public administrator, fees of, p. 437, § 4250, subd. 10. Eecorder, salarj^ and allowances of for recording, p. 437, § 4250, subd. 3. Eecorder, statement showing expenses for recording, p. 437, § 4250, subd. 3. Salaries and fees of officers in full for all services, p. 437, § 4250, subd. 17. Sheriff, salaries, fees, mileage and allowances, p. 437, § 4250, subd. 2. Sheriff, under-sheriff and deputies, appointment and salaries, p. 437, § 4250, subd. 2. Shorthand reporter, fees of, p. 437, § 4250, subd. 16. Superintendent of schools, clerk, appointment and salary of p. 437, § 4250, subd. 11. Superintendent of schools, salary and expenses, p. 437, § 4250, subd. 11. Supervisors, salaries and mileage, p. 437, § 4250, subd. 13. Surveyor, fees of, p. 437, § 4250, subd. 12. Tax collector, deputy, appointment and salary, p. 437, § 4250, subd. 6. Tax collector, salary of, p. 437, § 4250, subd. 6. Townships in, classification of, p. 437, § 4250, subd. 14. Townships, classification of for fixing salaries of constables and jus- tices, p. 437, § 4250, subd. 14. Townships, population of, how determined, p. 437, § 4250, subd. 14. Treasurer, salary of, p. 437, § 4250, subd. 5. SANTA MONICA. Watfifrdiit, grant of to, p. 1225, Act 3527. SANTA ROSA. rharler of, p. 1225, Act 3528. SATURDAY. Presentment of bill of exchange for acceptance on, p. 90, § 3227. Presentment for payment when negotiable instrument falls due on, p. 77, § 3166. Saturday afternoon a lioliday. See Holidays. SATURDAY AFTERNOON. Soo Holidays. SAVINGS AND LOAN SOCIETY. No limitation of action to lerovcr (le])0sits, p. 11, § 348. SAVINGS BANKS. I'l-a iicliiM' tax for stair pii r[i()scs on. See State Unai'd of Equal- ization. INDFA'. 1527 SCALES. See Weights and Measures. SCHOOLS. Apportionment of funds by school superintendent, rules governing, p. 234, § 1858. Average daily attendance at intermediate school courses, keeping of, p. 227, § 1750a. Average daily attendance at junior college courses to he included, p. 227, § i750b. Average daily attendance at part time vocational courses, adding of, p. 228, § 1750'C. Average daily attendance, at special day and evening classes, p. 221, . § 1662. Average daily attendance at special day and evening classes, adding to high school attendance, p. 228, § 1750c. • Average daily attendance, computation of where pupils attend school from outside district, p. 223, § 1696. Average daily attendance, deaf children over six counted, p. 221, § 1662. Average daily attendance, rules governing keeping of, p. 234, § 1858. Boards of education, city, general powers and duties of enumerated, p. 211, § 1607; p. 212, § 1608. Boards of education, city, how elected, p. 211, § 1606. Boards of education, city, meetings of, p. 211, § 1607, subd. 1. Bonds, furnishing board of control with proceedings leading up to issuance of, p. 178, § 678. Bonds, no assurance to be required of state on bid for, p. 178, § 678. Bonds, notice of issuance of, contents of, p. 178, § 678. Bonds, notifying state board of control and state treasurer of issu- ance of, p. 178, § 678. Bonds of school districts and high school districts, levy and collec- tion of taxes for, p. 1227, Act 3584c, Bonds of school districts and high school districts validated, p. 1227, Act 3584c. Buildings, estimate of amount necessary for, p. 233, § 1838. Buildings, fund for and how expended, p. 233, § 1838. Buildings, location and change of. p. 215, § 1611. Buildings, superintendent of schools to pass upon plans, p. 201, § 1543, subd. 12. Buildings, tax for, levy of and limit on amount of, p. 233, § 1838. Buildings, use of for meeting purposes, p. 216, § 1613. California school for girls. See California School for Girls. Certificates, enumeration of, p. 229, § 1771. Certificates entitle teachers to teach in what grades, p. 233, § 1775, subd. 5. Certificates, granting of and rights under, p. 229, § 1771. Certificates now valid continue in force, p. 232, § 1775, subd. 3. Certificates, permanent, granting of, p. 233, § 1775, subd. 4. Certificates, preliminary, duration of, p. 201, § 1543, subd. 8. Certificates, preliminary, issued on what recommendations, p. 201, § 1543, subd. 8. Certificates, preliminary, when mav be issued by superintendent of schools, p. 201, § 1543, subd. 8. " Certificates, renewal of and how long valid, p. 232, § 1775, subd. ?>; p. 233, § 1775, subd. 4. Certificates, revocation of, grounds for, p. 194, § 1519a. Certificates, revocation or suspension of, p. 231, § 1771, subd. 6, 1528 INDEX. SCHOOLS (Continued). Certificates, special, granting of, p. 194, § 1519a. Certificates, temporary, superintendent of schools may issue what, p. 201, § 1543, subd. 7. Certificates to teach, granting of, p. 194, § 1519a. Certificates, what may be granted without examination and rights under, p. 231, § 1775. Classification of, p. 222, § 1663. Clerk of district, appointment of on failure of board to act, p. 201, § 1543, subd. 13. Commission of credentials, creation of, how constituted and powers of, p. 196, § 1519a, subd. 8. Contract by trustees of elementary school district with normal gchool for education of children, p. 219, § 1617b. Contracts for work, material or supplies, p. 216, § 1612. County boards of education, powers and duties of enumerated, p. 229, §1771; p. 231, § 1775. Courses of study, prescribing and changing, p. 231, § 1771, subd. 10. Diplomas, issuing of by county boards of education, p. 231, § 1771, subd. 8. Diplomas, life, application for, fee for and disposition of, p. 194, § 1519a. Diplomas, life, application for, procedure, p. 194, § 1519a. Diplomas, life, authority under, p. 194, § 1519a. Diplomas, life, grades of, p. 194, § 1519a. Diplomas, life, granting of, p. 194, § 1519a. Diplomas, life, revocation of, grounds for, p. 194, § 1519a. Diplomas, life, valid throughout state, p. 194, § 1519a. Diplomas, revocation of, procedure, p. 190, § 1489, subd. 12. District, annexation of territory on formation of city, effect in case of elections, p. 206,\§ 1576. District, annexation of territory on formation of city, taxation in ease of, p. 206, § 1576. Districts, annexation of territory on incorporation of city, authority as to, p. 206, § 1576. Districts, boundaries of, duty of superintendent of schools, p. 205, § 1543b. Districts, each city except sixth class cities a separate school district, p. 206, § 1576. District, formation of, duties of supervisors on receiving petition for, p. 207, § 1579. District, formation of, jurisdiction of supervisors to hear petition for attaches when, p. 207, § 1578. District, formation of, procedure, p. 207, § 1579. Districts, formation of, validity and conclusiveness of proceedings for, p. 207, § 1579. Districts in different counties, proceedings in case of, p. 237, § 1891. Districts in different counties, taxes in case of, p. 237, § 1891. Districts, lapse of, grounds for and proceedings on, p. 208, § 1582. Districts, lapsed, property, funds and debts of, p. 208, § 1582. District meetings, calling, organizing, proc(>edings and auri)0se of fixing salaries, ].. 147, § 4251, subd. 13. INDEX. 1541 STANISLAUS COUNTY (Contiuued). Constables, salaries, fees, mileage and expenses of, p. 447, § 4254, subd. 14. Coroner, fees of, p. 447, § 4254, subd. 9. County clerk, allowances of, p. 447, § 4254, subd. 1. County clerk, deputies, appointment and salaries, p. 447, § 4254, subd. 1. County clerk, deputy, chief, to prepare deeds for county witliout extra cost, p. 447, § 4254, subd. 1. County clerk, salary of, p. 447, § 4254, subd. 1. County clerk, stenographer, appointment and salary, p. 447, § 4254, subd. 1. District attorney, deputy, appointment and salary, p. 447, § 4254, subd. 8. District attorney, salary of, p. 447, § 4254, subd. 8. Jurors, grand, fees and mileage, p. 447, § 4254, subd. 17. •Jurors, trial, fees and mileage, p. 447, § 4254, subd. 17. Justices, classification of townships for purpose of fixing salaries of, p. 447, § 4254, subd. 13. Justices, fines to be paid to treasury monthly, p. 447, § 4254, subd. 13a. •Justices, office hours, p. 447, § 4254, subd. 13a. •Justices, office rent, allowance for, p. 447, § 4254, subd. 13a. •Justices, salaries and fees of, p. 447, § 4254, subd. i;?a. Probation officer and salary of, p. 956, § 190, Act 1770a. Public administrator, fees of, p. 447, § 4254, subd. 10. Recorder, fees, what proportion to i>ay to treasury and what may keep, p. 447, § 4254, subd. 3. Recorder, salary of, p. 447, § 4254, subd. 3. Sheriif, deputies and copyists, number, appointment and compensa- tion, p. 447, § 4254, subd. 3. Sheriff, salary, fees, commissions and mileage, p. 447, § 4254, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 447, § 4254, subd. 11. Superintendent of schools, salary and expenses, p. 447, § 4254, subd. 11. Supervisors, mileage for services as road overseers, p, 447, § 4254, subd. 15. Supervisors, salaries and mileage of, p. 477, § 4254, subd. 15. Suveyor, additional assistance for, p. 447, § 4254, subd. 12. Surveyor, deputy and clerk, appointment and salaries, p. 447, 5 4254, subd. 12. Survevor, deputy and draftsman, appointment and salaries, p. 447, §4254, subd. 12. Surveyor, duties of, p. 447, § 4254, subd. 12. Surveyor, office hours, p. 447, § 4254, subd. 12. Surveyor, salary, expenses and allowances of, p. 447, § 4254, subd. 6. Tax collector, deputy, appointment and salary, ]>. 447. § 4254, subd. 6. Tax collector, salary, fees and commissions of, p. 447, § 4254, subd. 6. Townships, classification and consolidation of townships, p. 447, § 4254, subd. 13. Treasurer, salary, fees and commissions, p. 447, § 4254. subd. 5. Witnesses, fees and mileage of, p. 447, § 4254, subd. 16. "Vt-'itness unnecessarily subpoenaed, court may disallow fee, p. 447, § 4254, subd. 16. ' STATE. Acceptance from United States of cession of portion of Presidio, San Francisco, p. 1355, Act 4219. 1542 INDEX. STATE (Coutinued). Acceptance of act of congress for promotion of vocational education, p. 1236, Act 35861. Assent of to act of congress providing aid in construction of rural post roads, p. 799, Act 1467a. Appropriation to pay assessment against for construction or mainte- nance of highways, p. 764, Act 1447a. Bequests to, no restrictions upon, p. 54, § 1313. Bonds, bid for, no assurance to be required from state, p. 178, § 678. Co-operation between and United States for storage of water for irri- gation, p. 917, Act 17321. County treasurer, expenses of in settlement with state treasurer for taxes due county from state, p. 340, § 3671a. Escheat to. See Escheat. Franchise tax for state purposes. See State Board of Equalization. Eailroad taxes, reimbursement of counties for loss of on separation of state and county taxes, p. 339, § 3671. Suits against to quiet title authorized, p. 1239, Act 3796a. Taxes for support of for sixty-ninth and seventieth fiscal years, levy and collection of, p. 1313, Act 4067 i. Tax, levy of to meet deficiency in state revenue, p. 340, § 3671c. STATE BOARD OF CONTKOL. See Board of Control. STATE BOAED OF EDUCATION". See Schools. SOfATE BOARD OF EQUALIZATION. Appeal to from lew of percentage, right of and proceedings on, p. 313, § 3665a. Assessment, application to bv companies for corrections in, p. 323, § 3668. Assessment by assessor of property taxed exclusively for state pur- poses, proceedings in case of, p. 337, § 3670'b. Assessment, duplication of, cancellation of assessment, p. 327, § 3669. Assessments, errors in, what do not invalidate, p. 323, § 3668. Assessments for gtate taxes, record of dutv to keep and what to show, p. 325, § 3668a. Assessments for state taxes, record of, certificate to and delivery to controller, p. 325, § 3668a. Assessment of banks generally, p. 323, § 3668. Assessment of banks in liquidation, p. 323, § 3668. Assessment of companies whose franchises subject to taxation, duties in relation to, p. 323, § 3668. Assessments of real estate owned bv banks, reduction of, p. 335, § 3670. Assessment of real estate owned by insurance comiiaiues, reduction of by, p. 336, § 3670a. Assessment on companv whose charter or right lo do business is for- feited, cancellation of, p. 327, § 3369, subd. 4. Assessment-rolls of assessors, copies to be sent to, p. 337, § 3670b. Assessment-roll, segregation of assessments on by assessors, p. 337, § 3670b. Assessment, void, action to recover taxes paid, p. 328, § 3669a. Assessment, void, levy and collection of tax in case of, p. 329, § 36691). Assessment, void, reassessment in case on. p. .'12i), § 3(i69b. Assessor or auditor, re])orfs l)y as fo xalntilion of property of com- |)aiii('H subject lo Msscssnicnl on f ranrlnscs, p. 322, § 3667a. INDEX. 1543 STATE BOARD OF EQUALIZATION (Continued). Auditors to rt']juit value of Jaud bcdongiiig to banks, p. 335, § 3670. Banks, franchise tax on for state purposes, provisions relating to, p. 310, § 3064; p. 311, § 3664e; p. 313, § 3665a; p. 320, § 3066b. Banks must report to annually, p. 320, § 3666b. Banks, report of to, form of, how prepared and what to contain, p. 320, § 3666b. Banks, report of to, time to make, p. 320, § 3666b. Banks, report to, who to make, p. 320, § 3606b. Building and loan associations not included in franchise tax for state purposes, p. 311, § 3664c. Car-loaning companies, franchise tax on for state purpose, provisions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665e; p. 318, § 3666. Companies taxed exclusivelj' for state purposes enumerated, p. 310, § 3664. Companies taxed exclusively for state purposes, tax levied and as- sessed by, p. 310, § 3664. "Companies" taxed for state purposes exclusively defined, p. 310, § 3664. Corporations, reports as to by secretary of state, p. 320, § 3666c. Dining-car companies, franchise tax on for state purposes, provisions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665e; p. 318, § 3666. Drawing-room car companies, franchise tax on for state purposes, provisions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 318, § 3666. Electricity corporations, franchise tax on for state purposes, pro- visions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 318, 3666. Express companies, franchise tax on for state purposes, provisions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 318, § 3666. Franchises include what privileges, p. 313, § 3664d. Franchises other than those specifically provided for, how assessed, p. 313, § 3664d. Franchise tax, general powers and duties in relation to enumerated, p. 344, § 3669e. Franchise tax in lieu of other taxes, p. 310, § 3664a; p. 311, §§ 3664b, 3664c. Franchise tax on companies, collection of. See Franchises. Franchise, taxation of, "gross receipts from operation," defined, p. 313, § 3665a. Franchises, taxation of, gross receipts, deduction from, p. 313, § 3665a. Franchises, taxation of gross receipts from operation, what included in, p. 313, § 3665a. Franchises, taxation of, gross receipts, income from nonoperative property not included in, p. 313, § 3665a. Franchises, taxation of, no release or exemption because of privileges granted by city authorities, p. 313, § 3665. Franchises, taxation of, operative property includes what, p. 314, § 3665b. Franchises, taxation of, operative property, rules and instructions for guidance of assessors in determining, p. 314, § 3665b. Franchises, tax on, payment and collection of. See Franchises. Franchises, valuation of how" ascertained, p. 321, § 3667. 1544 INDEX. STATE BOARD OF EQUALIZATION (Continued). Fruit-ear companies, franchise tax on for state purposes, provisions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 318, § 3666. Gas companies, franchise tax on for state purpose, provisions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 318, §3666. Information obtained by members or employees not to be divulged, p. 334, § 3669e. Insurance commissioner, must report to, p. 319, § 3666a. Insurance commissioner, report of, what to show, p. 319, § 3666a. Insurance commissioner, time to report, p. 319, § 3666a. Insurance companies, franchise tax on for state purposes, provisions relating to, p. 310, § 3664; p. 311, § 3664b; p. 313, § 3665a; p. 319, § 3666a. Meetings of, where held, p. 323, § 3668. Meetings, time of holding, p. 323, § 3668. Nonoperative property, finding of in report and proceedings on, p. 318, § 3666. JSTonoperative property, report of to board by assessor and proceed- ings on, p. 318, § 3666. Oil car companies, franchise tax on for state purposes, provisions re- lating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 318, § 3666. Palace car companies, franchise tax on for state purposes, provisions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 318, § 3666. Partially operative and partially nonoperative property, finding of in report and proceedings on, p. 318, § 3666. Partially operative and partially nonoperative property, report as to by assessor and proceedings on, p. 318, § 3666. Payment by controller to cities, counties or cities and counties of taxes necessary to pav bonded indebtedness, p. 337, § 3610b; p. 338, § 3670c. Eailroads, franchise tax on for state purposes, provisions relating to, p. 310, §§3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 318, § 3666. Eefrigerator companies, franchise tax on for state purposes, provi- sions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a;. p. 314, § 3665b; p. 316, § 3665c; p. 318, § 3666. Keports, annual, to, by corporations, proceedings in case of subsidiary companies, p. 316, § 3665c. Reports, annual, to, by corporations, time of filing, p. 316, § 3665c. Reports, annual, 1o, bv cori)orati(ins, what niav be required, p. 316, § 3665c. Keports, annual, to, by corporations, what to coiitain, p. 316, § 3665c. Report, failure to file, penalty for, ]>. 323, § 3667b. Report, failure to file, proceeflings in case of, )). 323, § 3()(i7b. Kcport, false statcnnent in, punishment for, p. 323, § 3()(i7b. i{(!ports to l)y com])anies subject to franchise tax, extension of time to file, p. 323, § 3667c. Reports to, holders of franchises, by, time to itialvc, p. 321, § 3667. d'cjiorls to, holders of franchises, by, form of and what to contain, ],. 321, § 361)7. Heports to, IkiMcis of franchises, must make annually, p. 321, § 3667. INDEX. 1545 STATE BOARD OF EQUALIZATION (( oi.tiiiued). Havings banks, t'laiu-hise tax on for state purposes, provisions relat- ing to, p. 316, § 3664; p. 311, § 3664c; p. 313, § 3665a; p. 32U, § 3666b. Secretary of, duties of enumerated, p. 341, § 3701. ^Secretary of is a civil executive officer, p. 341, § 3701. Secretary of may administer and certify oaths, p. 341, § 3701. Secretary of, salary of, p. 341, § 3700a. Sessions, duration of, p. 323, § 3668. Sleeping-car companies, franchise tax on for state purposes, provi- sions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 318, § 3666. Statements, duplicate, duty of auditor to prepare and what to show, p. 342, § 3728. Stock car companies, franchise tax on for state purposes, provisions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 31S, § 3666. Street railroads, franchise tax on for state purposes, provisions re- lating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 318, § 3666. Telegraph companies, franchise tax on for state purposes, provisions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 318, § 3666. % Telephone companies, franchise tax on for state purposes, provisions relating to, p. 310, §§ 3664, 3664a; p. 313, § 3665a; p. 314, § 3665b; p. 316, § 3665c; p. 318, § 3666. Trust companies, franchise tax on for state purposes, provisions re- lating to, p. 310, § 3664; p. 311, § 3664c; p. 313, § 366oa; p. 320, § 3666b. STATE BOAED OF HEALTH. Bathhouses, supervision over, p. 1386, Act 4349e. Contagious diseases, report of to, p. 278, §§ 2979a, 2984; p. 279, § 3061. Contagious diseases, taking measures to arrest spread of, p. 278, § 2979a. Contagious diseases to be reported to, p. 278, §§ 2979a, 2984. Duties of in relation to food kept in cold storage, p. 626, Act 624. Employees of and compensation of, p. 280, § 3075. Health officer, proceedings on refusal of supervisors to appoint, p. 280, § 3064. Permits for bathhouses, granting and revocation of by, p. 1386, Act 4349e. Plumbing. See Plumbing. Rodents, insects, vermin, etc., extermination of, p. 1155, Act 2836a. Shellfish, duty in regard to taking of, p. 759, x\ct 1340k. Swimming-pools and bathing places, granting and revoking permit for, p. 1386, Act 434'9e. Swimming-pools and bathing places, supervision over, p. 1386, Act 4349e. Vital statistics, duty as to. See Vital Statistics. STATE BOARD OF HORTICULTURAL EXAMINERS. See County Horticultural Commissioner; State Horticultural Commissioners. Consists of whom, ]>. 262, § 2322. County horticultural commissioner, appointment of. See County Horticultural Commissioner. 1546 INDEX. fal'AlE BOARD OF HORTICULTURAL EXAMINERS (Continued). Creation of, p. 262, § 2322. Examinations of candidates for appointment as horticultural com- missioner, p. 262, § 2322. Expenses of, p. 262, § 2322. List of eligibles, certifying to supervisors, p. 262, § 2322. Proceedings where no persons present themselves for examination or none qualified, p. 262, § 2322. Serve without pay, p. 262, § 2322. STATE CAPITOL. See Capitol. STATE COMMISSION MARKET. See State Market Commission. Kepeal of act of 1913 creating, p. 1240, Act 3807. STATE COMMISSIONER OF HORTICULTURE. See County Horticul- tural Commissioner; State Board of Horticultural Examiners. Appointment of and considerations governing, p. 257, § 2319. Ascertaining and advising as to proper treatment of nursery stock, plants, etc., exposed to infection, p. 271, § 23221. County horticultural commissioners. See County Horticultural Com- missioner. Deputies, assistants and employees, appointment, duties, terms of office, salaries and expanses, p. 257, § 2319. Duties of enumerated, p. 258, § 2319a. Expenditures, certifying and approval of, p. 262, § 23191. Infected shipments declared a public nuisance, p. 270, § ^322h. Infected shipments, proceedings in case of, p. 270, § 2322h. Insects, animals and diseases injurious to plants, ascertaining and promulgating names and descriptions of, p. 271, § 23221. Marking of shipments into state of nursery stock, plants, etc., p. 269, §2322g. Notice of arrival of imported nurserv stock, plants, etc., and holding for inspection, p. 269, § 2322f. Nurserymen, registration and licensing of, p. 261, § 23191. Nursery stock, plants, etc., registration and licensing of persons deal- ing in, p. 261, § 23191. Nursery stock, plants, etc., permits to ship into state, p. 261, § 2319J. Office hours, p. 257, § 2319. Offices for, duty of secretary of state to furnish, p. 257, § 2319. Offices, where maintained, p. 257, § 2319. Orders of, refusal to comply with, penalty, p. 262, § 2319k. Penalty for violation of, act, p. 271, § 2322j. Plant diseases or pests, duty on discovery of, p. 260, § 2319d. Qualifications of, p. 257, § 2319. Quarantine, approval of governor, p. 258, § 2319a; p. 259, § 2319b. Quarantine, establishing, maintaining and enforcing, p. 259, § 2319b; p. 260, § 2319c. Quarantine guardians, dutv on discovery of plant disease or pest, p. 260, § 2319d. Quarantine guardians, issuing commissions as to country horticultural commissioners, p. 258, § 2319. Salary of and expenses, p. 257, § 2319. State horticultural quarantine officer, is, p. 258, § 2319a. Term of office and removal, p. 257, § 2319. Vacancies, filling, p. 257, § 2319. INDEX. 1547 STATE CONTROLLER. See Controller. STATE COUNCIL OF DEFENSE. See War. STATE DEFENSE GUARD. <'reatio]i, control, eoniponsation and duties, [i. l()()(l, Act 22(y.i. STATE ENGINEER. Department of engineering, amendment of act relating to, n. 1240, Act 3812. Department of engineering, channels of Sacramento, San .Joaquin and Feather rivers, improvement of, powers and duties as to, p. 1246, Act 3818b. Department of engineering, creation of, p. 1240, Act 3812. Department of engineering, given authority over dams, p. 1246, Act 3818b. Department of engineering, officers and emploj'ees of, p. 1240, Act 3812. Department of engineering, powers and duties of, p. 1240, Act 3812. Department of engineering, rainfall, floods, etc., investigation of, p. 1240, Act 3818b. State highway commission, creation, powers, duties, appointees and salaries, p. 1240, Act 3812. STATE FORESTER. See Forests. STATE HIGHWAYS. See Highways. STATE HOSPITALS. See Insane Asylums. STATE LABORATORY. Foods, liquors and drugs, for, p. 531, Act 29. STATE LANDS. See Public Lands. STATE LAND SETTLEMENT BOARD. Agricultural lands, acquiring and selling by, p. 1249, Act 3822. Creation, powers, duties and compensation, p. 1249, Act 3822. STATE LIBRARY. Kegistration-books, copies of to be transmitted to, p. 188, § 1115. Salary of librarian, p. 257, § 2302. STATE MARKET COMMISSION. Creation and organization of, p. 1257, Act 3847. Destruction of food fish, regulation of, p. 1261, Act 3588. Fish industry, investigation and report on, p. 1261, Act 3588. Licensing parties engaged in marketing fish, p. 1261, Act 3588. Powers and duties of, p. 1257, Act 3847. Sale of fish, promotion of, p. 1261, Act 3588. Secretary, appointment, powers, duties and salary, p. 1257, Act 3847. State fish exchange, creation of, p. 1261, Act 3588. State fish exchange, revolving fund for, p. 1261, Act 3588. State market director, appointment, term of office, powers, duties and salary, p. 1257, Act 3847. State market director, creation of position of, p. 1257, Act 3847. State market director, regulation and control of fish business, i>. 126], Act 3588. State market director to regulate and control fish business, p. 1261, Act 3588. 1548 INDEX. STATE MINERALOGIST. See State Mining Bureau. STATE MINING BUREAU. Department of for protection of oil and gas, added compensation of state mineralogist and secretary, p. 1063, Act 2213b. Department of for protection of oil and gas, establishment and creation of, p. 1063, Act 2213b. See Gas; Oil. STATE PRINTER. School text-books, printing of, duties as to, p. 196, § 1519b, subd. 5. STATE TREASURER. See Escheat; Treasurer, State. STATE UNIVERSITY. See University of California. STATE VETERINARIAN. Inspection of animals slaughtered for human food, p. 715, Act 1206. Repeal of act for investigation by of effect of smelter waste on animal and vegetable life, p. 1238, Act 3670. Tuberculin testing of cows, p. 537, Act 47c, § 12. STATISTICS. See Vital Statistics. STATUTES. Distribution of laws, resolutions and journals by secretary of state, p. 162, § 410. Legislative counsel bureau, establishment of, p. 962, Act 1901. STEAM BOILERS. Inspection of, p. 1269, Act 3890. Inspectors of, determination of competency of, p. 1269, Act 3890. Inspections of, fees for, p. 1269, Act 3890. Inspections of, reports on, p. 1269, Act 3890. Permit for operation of, industrial accident commission to issue, p. 1269, Act 3S90. Permit, injunction against operation without permit, p. 1269, Act 3890. Permit, operation of without, a misdemeanor, p. 1269, Act 3890. Permit to operate, hearing before refusal of, p. 1269, Act 3890. STERILIZATION. See Asexualization. STOCK. See Corporations. STOCK-CAR COMPANIES. Franciiisc tax for state purposes on. See State Board of Equal- i/.atiou. STOCK IN TRADE. Sale of, recording notice of, p. 100, § 3440. STOCKTON STATE HOSPITAL. See Insane Asylums. STORAGE. Cold storage. See Cold Storage. STORM-WATER DISTRICTS. Act of r.)(i!t f(ir JOniiation, organization and government of, aiiiend- inejit of, p. 1146, Act 2806. i'rotcction districts. See Protection Districts. INDEX. 1549 STRATFORD IRRIGATION DISTRICT. Formation of validatod, p. 899, Act ]725h. STREET RAILROADS. Franchise riglits, provision for resettlement of, p. 719, Act 1235. Franchise tax for state purposes on. See State Board of Equal- ization. STREETS. Act providing for initiative and referendum does not apply to street proceedings, p. 842, Act 1G24. Bonds for costs of establishment or change of grade, amendment of act of 1918 relating to, p. 1278, Act 3937e. Bonds, street improvement, to represent assessments for street work, amendment of act of 1893 relating to, p. 1271, Act 3932. Bonds, street improvement, to represent assessments for street work, amendment of act of 1915 relating to, p. 1274, Act 3932a. Grades, establishment and change of, amendment of act of 1913 re- lating to, p. 1278, Act 3937c.^ Grades, establishment or change of, bonds to represent assessments for, amendment of act of 1913 relating to, p. 1278, Act 3937c. Street improvement act of 1913 relating to establishment and changes of grade and providing for bonds, amendment of, p. 1278, Act 3937c. STRIPED BASS. See Game Laws. STUDENTS. See Schools. STURGEON. See Game Laws. SUBROGATION. Pa,yer for honor of bill of exchange, of, p. 90, § 3256. SUCCESSION. Escheat. See Escheat. SUCCESSION TAXES. See Taxation. SUMMONS. Defendant not served with may be allowed to answer within year after judgment, p. 11, § 473. SUNDAY. Day of maturity falling on, instrument payable following day, p. 7i, ' § 3166. Holidays, are, p. 161, § 10. Last day falling on, computation of time, p. 99, § 3266c. SUNFISH. See Game Laws. SUPERINTENDENT OF PUBLIC INSTRUCTION. See Schools. SUPERINTENDENT OF STATE CAPITOL. See Capitol. SUPERINTENDENT OF STATE PRINTING. See State Printer. SUPERIOR COURT. •Tuvcnile court. See Juvenile Court. Particular county, of. See particular title. 1550 INDEX. SUPERIOE JUDGES. Alauieda county, increase from six to eight, p. 547, Act 96b. Designating, selecting and listing jurors and grand jurors, p. 6, § 204. Fresno county, additional judge for, p. 723, Act 1264a. Jurors, to select in cities over 100,000, p. 6, § 204. Jury commissioner, appointment of, by, p. 7, § 204a. Number of in particular county. See particular title. Particular county, of. See particular county. Secretary of, judges may require to perform duties of jury commis- sioner, p. 8, § 204e. Secretary of, salary of when appointed to act as jury commissioner, p. 8, § 204e. SUPERVISORS. Game wardens, jjower of supervisors to appoint, p. 349, § 4149b. Health officer, to appoint, p. 279, § 3061. Highways, powers as to. See Highways. Justices, duty to provide with offices, p. 2, § 103. Licenses. See Licenses. Monuments or tablets to commemorate historic sjjots, erection of, p. 348, § 4052c. Paupers, maintenance of, duty of supervisors, p. 1140, Act 2631. Reimbursement of districts in counties for losses from separation of state and county taxes, p. 340, § 3671b. Resignations, how and to whom made, p. 180, § 995. Sanitary matters, to adopt rules and regulations governing, p. 279, § 3061. Tax rate, duties as to. See Taxation. SURF BIRDS. See Game Laws. SURF FISH. See Game Laws. SURGEONS. See Medicine; Physicians. SURPLUS LINE BROKERS. See Insurance Companies. SURVEYOR-GENERAL. Land titles, regulation of and powers of surveyor-general as to, p. 1283, Act 3988. SUTTER COUNTY. Assessor, deputy, appointment and salary of, p. 506, § 4277, subd. 7. Assessor, salary of, p. 506, § 4277, subd. 7. Auditor, salary of, p. 506, § 4277, subd. 4. (Jonstables, classification of townsliips for purpose of fixing salaries, p. 506, § 4277, subd. 14. Constables, population of townships, how ascertained for purpose of fixing salaries, p. 506, § 4277, subd. 16. Constables, salaries, expenses and fees, p. 506, § 4277, subd. 15. Coroner, salary and expenses of, p. 506, § 4277, subd. 9. ^ County clerk, salary of, p. 506, § 4277, subd. 1. District attorney, salary of, p. 506, §4277, subd. 8. (iraiid jurors, fees and mileage, ji. 506, § 4277, subd. 17. .Jurors in superior court, fees and mileage of, p. 506, § 4277, subd. 17, Justices, classification of townsliips for purpose of fixing salaries, p. 506, § 4277, subd. 14. Justices, fees received by to be paid into treasury, p. 506, § 4277, subd. 14. lISfDEX. 1551 SUTTER COUNTY (ContiniuMl). Justices, population of townships, how aseertninod for pnrjtose of fix- ing salaries, p. 506, § 4277, subd. 16. Justices, salaries of, p. 506, § 4277, subd. 14. Justices, salaries of and how paid, p. 506, § 4277, subd. 14. Justices, salaries to be in full compensation, p. .506, § 4277, subd. 14. Public administrator, fees of, p. 506, § 4277, subd. 10. Eecorder, deputy, appointment and salary of, p. 506, § 4277, subd. 3. Eecorder, salary of, p. 506, § 4277, subd. 3. Sheriff, salary and expenses of, p. 500, § 4277, subd. 2. Superintendent of schools, salary and expenses of, p. 506, § 4277, subd. 11. Supervisors, mileage for services as road commissioners, p. 506, § 4277, subd. 13. Supervisors, salary, expenses and mileage, p. 506, § 4277, subd. 13. Surveyor, salary and expenses of, p. 506, § 4277, subd. 12. Tax collector, deputy, appointment and salary of, p. 506, § 4277. Tax collector, salary of, p. 506. § 4277. subd. 6. Treasurer, salary of, p. 506, § 4277, subd. 5. SWAMP AND OVERFLOWED LANDS. See Eeclamation Districts. Issuance of letters patent to h-^irs of P. W. Fahey for certain lands authorized, p. 1166, Act 2867b. Lease, tide-lands of city, how long may be leased, p. 54, § 718. Lease, tide-lands of city, purposes for which may be leased, p. 54, §718. Tide-lands, grant of to particular cities. See particular city; also Waterfront. SWANS. See Game Laws. SWIMMING-POOLS. See Watering Eesorts. TAMALPAIS. Mount Tamalpais game refuge, creation of, p. 749, Act 1295e. Tamalpais forest fire district, formation, government operation and dissolution of, p. 709, Act 1185. TATLERS. See Game Laws. TAXATION. All property- subject to, p. 306, § 3607. Amount that may be produced by, regulating and limiting, p. 1307, Act 4067f. Assessment-books, clerical errors or omissions in correction of, p. 346, § 3881. Assessment-books, clerical errors or omissions in, correction of in San Francisco, consent of city attorney, p. 346. § 3881. Assessment-books, defects in form, correction of, p. 346, § 3881. Assessment by assessor of property taxed exclusively for state pur- poses, proceedingis in case of, p. 337, § 3670b. Assessment by state board of equalization. See State Board of Equalization. Assessment, cultivated and uncultivated lands assessed at same value, p. 307, § 3627. Assessment, date of, p. 307, § 3628. 1552 INDEX. TAXATION (Contiuued). Assessment, ferries, where assessed, p. 308, § 3643. Assessment, improvements on lands exempt from taxation, p. 308, § 3650. Assessment, land and improvements separately assessed, p. 307, § 3627. Assessments, lands, how assessed, p. 307, §§ 3628, 3629, subd. 5; p. 308, § 3650, subd. 2. Assessments, lists of persons and property assessable, p. 307, § 3628. Assessment, mistake in name of owner does not affect, p. 307, § 3628. Assessment of value of lands owned by banks, reduction of by board of equalization, p. 335, § 3670. Assessment, place of, repeal of provision relating to, p. 308, § 3641. Assessment, property assessed at full cash value, p. 307, § 3627. Assessments, property, how listed, p. 308, § 3650. Assessments, property where assessed, p. 307, § 3628. Assessment-roll, segregation of assessments on by assessors, p. 337, § 3670b. Assessment-roll, transmitting duplicate to state board of equalization, p. 337, § 3670b. Assessment, solvent credits, deduction for debts due, p. 307, §§ 3628, 3629, subd. 6. Assessments, statements of taxable property, p. 307, § 3629. Assessment, toll-bridges connecting counties, how assessed, p. 308, § 3643. Assessments, toll roads, of, p. 309, § 3663. Assessment, to whom property assessed, p. 307, § 3628. Assessment, water craft, how assessed, p. 308, § 3643. Assessment, water ditches, of, p. 309, § 3663. Assessor, duties as to state board of equalization. See State Board of Equalization. Auditor, settlement of tax collector with for taxes collected, p. 342, § 3753. Auditor to charge tax collector with full amount of taxes levied, p. 342, § 3734. Auditor to notify controller of amount of taxes charged to tax col- lector, p. 342, § 3734. Auditor to transmit to assessor statement of property redeemed and property not redeemed, p. 341, § 3678. B(nid(>d indebtedness, payment by controller to cities, counties or cities and counties of taxes necessary to pay, p. 337, § 3670b; p. 338, 55 3670c. Bonded indebtedness to be fixed, separate tax rate for, p. 337, § 3670b. Corporation, assessment of stock and of propertv of corporation double taxation, p. 306, § 3608. Corporation, shares of stock not taxable, p. 306, § 3608. Corporations taxed exclusive! v for state pur]ioses enumerated, p. 310, § 3664. County board of equalization, ]io\vers and duties, repeal of ])rovision relating to, ]). 341, § 3679. County treasurer, expenses of in settlement with state treasurer for taxes due county from state, p. 340, § 3671a. Deed, tax, conclusiveness as evidence, p. 343, § 3787. Deed, tax, title passing by, p. 343, § 3787. Delinquency and pctiaHics, r(>poal of jirovisiou relating to, p. 343, § 3757. Delinquent taxes, i)artial redemption in case of, p. 343, § 3S1S. l)ou))le asseHsinent ))y assessors of different counties, cancellation of assessment where payment made on one, p. 343, § 3804b. INDEX. 1553 TAXATION (Contimied). Double assessment by assessors of different counties, compelling coun- ties to interplead, p. 343, § 3804b. Double assessment by assessors of different counties, proceedings where after payment made property sold to state, p. 343, § 3S04b. Double taxation not permitted, p. 306, §' 3607. Double, tax of shares of stock and of property of corporation is, p. 306, § 3608. Excess taxes, daily payment into county treasury, p. 1313, Act 4067h. Excess taxes, payment and distribution of, p. 1312, Act 4067g. Excess taxes, payment of by tax collector into county treasury, p. 1312, Act 4067g. Exemptions, all property subject to taxation, p. 306, § 3607. Franchise tax for state purposes. See State Board of Equalization. Franchise tax on companies, collection of. See Franchises. Franchise, taxes upon. See Franchises. Inheritance tax act of 1913, repeal of, p. 1284, Act 4035b. Inheritance tax act of 1917, p. 1284, Act 4035c. Inheritance tax department, attorneys for, appointment, number, offices and duties, p. 163, § 445. Inheritance tax department, clerks, experts, etc., for, p. 163, § 445. Inheritance tax department, controller to maintain, p. 163, § 445. Inheritance tax department, purpose and duties of, p. 163, § 445. Inheritance tax department, salaries and expenses of, p. 163, § 445. Inheritance tax, fixing amount of on death of joint tenant on pro- ceedings to terminate estate, p. 32, § 1723. Inheritance tax, no appeal lies from order or decree relating to, p. 20, §963. Inheritance tax, payment of necessary before decree terminating in- terest of joint tenant, p. 32, § 1723. National banks, of shares of, repeal of section relating to, p. 306, §§3609, 3610. Partial redemptions of property, provision relating to, p. 343, § 3818. Poll taxes, repeal of provisions relating to, pp. 345, 346, §§ 3839-3862. Railroad taxes, reimbursement of counties for loss of on separation of state and county taxes, p. 339, § 3671. Rate, limitation upon amount that may be produced bv tax levies, p. 1307, Act 4067f. Redemptions, auditor to transmit statement as to property redeemed and not redeemed to assessor, p. 341, § 3678. Redemption of separate pieces of property out of large tract, provi- sion for, p. 343, § 3818. Redemption, partial, of property, provision for, p. 343, § 3818. Reimbursement of districts in counties for losses from separation of state and county taxes, p, 340, § 3671b. Reports by tax collector as to sales of property as evidence of owner- ship, p. 346, § 3898. Sale of encumbered land for taxes, notice to mortgagee or trustee, re- peal of provision as to, p. 343, § 3769a. Sale of property sold to state, deed to purchaser, p. 346, § 3898. Sale of property sold to state, distribution of proceeds, p. 346, § 3898. Sale of property sold to state, recorder's notations on certificates of sales and tax deeds, p. 346, § 3898. Sale of property sold to state, report of sales bv tax collector, p. 346, § 3898. 98 1554 INDEX. TAXATION (Continued). School buildings, tax for, levy of and limit on amount of, p. 233, § 1838. School district, annexation of territory on formation of city, taxation in case of, p. 206, § 1576. School tax, state, levy of, repeal of provision relating to, p. 342, § 3719. Separation of state and county, act relating to superseded by provi- sions of Political Code, p. 1305, Act 4065. Separation of state and county, existing laws, how affected, p. 340, § 3671e. Separation of state and county taxes, substitute for act providing for, p. 1305, Act 4065. State board of authorization, creation of and powers of, p. 1307, Act 4067f. State board of authorization, budgets of political subdivisions to be filed with, p. 1307, Act 4067f. State board of equalization. See State Board of Equalization. State government, taxes for support of for sixty-ninth and seventieth fiscal years, p. 1313, Act 40671. Statements, duplicate, duty of auditor to prepare and what to show, p. 342, § 3728. State purposes, companies taxed exclusively for, enumerated, p. 310, § 3664. State purposes, "company," meaning of, p. 310, § 3664. State revenue, deficiency in, levy of tax to meet, p. 340, § 3671c. Surplus line broker, tax on premiums on insurance placed, p. 166, § 596. Tax commission, duties of, p. 1307, Act 4067d. Tax rate, duty of clerk of supervisors to transmit statement of to controller, p. 342, § 3714a. Tax rate, limit on amount that can be produced bv tax levies, p. 1307, Act 4067f. Tax rate, limit of rate that can be levied for bonds or judgments therefrom, p. 341, § 3714. Tax rate, supervisors to fix, p. 341, § 3714. Tax rate, time of fixing, p. 341, § 3714. TAX COLLECTOR. Liinilation of action against for seizing, detaining or injuring prop- erty, p. 10, § 341. TEACHERS. See Schools. iJeeeased annuitant, collection by heirs or guardian of balance due from teachers' pension fund, p. 29, § 1455. TEHAMA COUNTY. ,\i-sessor, deputies and salary of, p. 4SS. § 4266, subd. 7. Assessor, salary of, p. 488, § 4266, subd. 7. Assessor, traveling expenses of assessor and deputies, p. 488, § 4266, subd. 7. Auditor, salarv of, p. 488, § 4266, subd. 4. Charter of, p. 1315, Act 4067J. Constables, population of townshijis. how ascertained for purpose of fixing salaries, p. 488, § 4266, subd. 16. Constables salaries, fees and expenses of, p. 488, § 4266, subd. 14. Coroner, fees of, p. 488, § 4266, subd. 9. County clerk, dejiuty, api)oin1ment and salary, p. 488, § 4266, subd. 1. County clerk, salary of, p. 488, § 42G6, subd. 1. INDEX. 1555 TEHAMA COUNTY (Couf inued). District attorney, salary of, {>. 488, § 4266, subd. 8. Jurors, grand, fees and mileage of, p. 488, § 4266, subd. 17. Jurors, trial, fees and mileage of, p. 488, § 4266, subd. 17. Justices, population of townshi})s, bow ascertained for purpose of fix- ing salaries, p. 488, § 4266, subd. 16. Justices, salaries and fees of, p. 488, § 4266, subd. 13. Public administrator, fees of, p. 488, § 4266, subd. 10. Recorder, deputy, salary of, p. 488, § 4266, subd. 3. Recorder, salary of, p. 488, § 4266, subd. 3. Salaries payable out of treasury in monthly installments, p. 488, § 4266, subd. 18. Sheriff, salary and mileage, p. 488, § 4266, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 488, §4266, subd. 11. Superintendent of schools, salary and expenses of, p. 488, § 4266, subd. 11. Supervisors, expenses of, p. 488, § 4266, subd. 15. Supervisors, salaries of, p. 488, § 4266, subd. 15. Surveyor, salary, expenses and allowances, p. 488, § 4266, subd. 12. Tax collector, deputies and clerks, number, aj^pointment and salaries, p. 488, § 4266, subd. 6. Tax collector, salary, p. 488, § 4266, subd. 6. Treasurer, salary of, p. 488, § 4266, subd. 5. TELEGEAPH COMPANIES. Franchise tax for state purposes on. See State Board of Equal- ization. TELEPHONE COMPANIES. Franchise tax for state purposes on. See State Board of Equal- ization. TENANCY IN COMMON. See Cotenancy. TENANTS FOR LIFE. See Estates for Life. TENDER. Payment, of. See Payment. TENEMENT HOUSES. Act of 1911 relating to, repeal of, p. 1315, Act 4098. Act of 1917 relating to, p. 1316, Act 4098a. TERRA BELLA IRRIGATION DISTRICT. Formation of validated, p. 899, Act 17251. TEXT-BOOKS. School. See Schools. THEATERS. Licenses on. power of supervisors to impose, p. 280, § 3366. TICKETS. See Carriers of Passengers. TIDE-LANDS. See Swamp and Overflowed Lands. TIME. Accepter of bill of exchange for honor, of presentment for payment to, p. 94, § 3249. Administration, failure to commence within six months, attorney gen- eral may direct public administrator to commence, p. 24, § 1269. 1556 INDEX. . TIME (Continued). Answer, defendant not personally served may be allowed to answer within year after judgment, p. 11, § 473. Answer, for, power of court to enlarge, p. 11, § 473. Answer, power of court to allow after time limited by code, p. 11, § 473. Appeal to governor from sentence of court-martial, for, p. 247, § 2021. Bill of exchange, allowed for acceptance of, p. 88, §§ 3217, 3218. Bill of exchange, of protest of, p. 92, § 3236. Checks, for presentment for payment, p. 98, § 3265b. Court-martial, to order, p. 247, § 2022. Demurrer, for, power of court to enlarge, p. 11, § 473. Deposition, out of state, time of notice of taking, p. 35, § 2024. Escheated estate, to make claim for, p. 26, § 1272a. Escheat of propert}', to bring action for, p. 24, § 1269. Escheated property, state treasurer to hold for five years, p. 24, §1269. Escheated property, to make claim for, p. 24, § 1269. Holiday or Sunday, last day falling on, computation of time, p. 99, § 3266c. Indorsement, of, presumption as to, p. 68, § 3126. Judgment, for application for relief against, p. 11, § 473. Judgment lien, of duration of, p. 17, § 671. Justice's court, of time of trial in, p. 17, § 850. Justification of sureties on undertaking to release attachment, p. 15, § 554. Negotiable instrument, of giving notice of dishonor, p. 80, §3183; p. 81, § 3188. Negotiable instrument, of maturity of, p. 77, § 3166. New trial, of hearing motion for, p. 16, § 660. New trial, to decide motion for, p. 16, § 660. Nomination papers, of filing of, p. 189, § 1192. Presentment for payment, of, where instrument not payable on de- mand, p. 75, § 3152. Presentment for payment, of, where instrument pavable on demand, p. 75, § 3152. Probate officers, to file report, p. 157, § 1203, subd. j. Reasonable, how determined, p. 99, § 3266b. State board of equalization, of holding meetings, p. 323, § 3668. State board of equalization, of reports to by banks, p. 320, § 3666b. State board of equalization, reports to by companies subject to fran- chise tax, extension of time to file, p. 323, § 3667c. State board of equalization, of report to by corporations, p. 316, 3665 c. State board of e(|uali/;i1i. Ili4, §472. I'.uildingH for, construction of, p. 1355, Act 4263h. I'.iiiMiiigs, issuance and sale of bonds for, ]). 1355, Act 4263h. i'.iiildin^s, niilinislied, cum plct ifui of, p. 1355, Act 4263h. INDEX. 15GI UNIVERSITY OF CALIFORNIA (ContimuMl). Repeal of sections admitting graduates to practice law witliout ex- amination, p. 9, § 280b. State university fund, creation of, p. 1306, Act 4066. UNIVERSITY OF SANTA CLARA. Repeal of section admitting graduates to practice law without exam- ination, p. 9, § 280b. UNIVERSITY OF SOUTHERN CALIFORNIA. Repeal of section admitting graduates to practice law without exam- ination, p. 9, § 280b. V VALUE. What constitutes, p. 65, § 3106. See Negotiable Instruments. VENDOR AND VENDEE. Titles to real estate. See Title. VENTURA COUNTY. Assessor, commissions to be paid into county treasury, p. 469, § 4259, subd. 6. Assessor, deputies, number and salaries, p. 469, § 4259, subd. 6. Assessor, salary of, p. 469, § 4259, subd. 6. Auditor, salary of, p. 469, § 4259, subd. 4. Board of education, compensation and mileage of members of, p. 469, § 4259, subd. 13. Constables, classifications of townships for purpose of regulating sal- aries of, p. 469, § 4259, subd. 15. Constables, population, how ascertained for purpose of fixing salaries, p. 469, § 4259, subd. 16. Constables, salaries, fees and expenses of, p. 469, § 4259, subd 15. Coroner, fees of, p. 469, § 4259, subd. 9. County clerk, deputies, appointment and salaries, p. 469, § 4259, subd. 1. County clerk, salary and allowances, p. 469, § 4259, subd. 1. District attorney, deputy, appointment and salary, p. 469, § 4259, subd. 8. District attorney, salary of, p. 469, § 4259, subd. 8. Jurors, grand, fees and mileage, p. 469, § 4259, subd. 19. Justices, classification of townships for purpose of fixing salary, p. 469, § 4259, subd. 14. Justices, monthly report of fines, filing of, p. 469, § 4259, subd. 14. Justices not to hold office of recorder, p. 469, § 4259, subd. 14. Justices, offices and supplies for, p. 469, § 4259, subd. 14. Justices, population, how ascertained for purpose of fixing salarj-, p. 469, § 4259, subd. 16. Justices, salaries, p. 469, § 4259, subd. 14. Public administrator, fees of, p. 469, § 4259, subd. 10. Recorder, copyist, appointment and salary, p. 469, § 4259, subd. 3. Recorder, salary of, p. 469, § 4259, subd. 3. Salaries payable monthly, p. 469, § 4259, subd. 18. Sheriff, deputies and assistants, appointment, salaries, mileage and expenses, p. 469, § 4259, subd. 2. Sheriff, fees to be paid into county, p. 469, § 4259, subd. 2. 1562 INDEX. VENTURA COUNTY (Continued). Sheriff, salary, mileage and expenses of, p. 4G9, § 4259, siibd. 2. Special counsel, power of supervisors to emploj^, p. 469, § 4259, subd. 8. Superintendent of schools, deputy, appointment and salary, p. 469, § 4259, subd. 11. Superintendent of schools, office hours, p. 469, § 4259, subd. 11. Superintendent of schools, salary, allowances and expenses of, p. 469, §4259, subd. 11. Supervisors, salary, expenses and mileage, p. 469, § 4259, subd. 17. Surveyor, additional help for, p. 469, § 4259, subd. 12. Surveyor, salary and expenses of, p. 469, § 4259, subd. 12. Surveyor to devote entire time to office, p. 469, § 4259, subd. 12. Tax collector, deputy, appointment and salary, p. 469, § 4259, subd. 5. Tax collector, salary of, p. 469, § 4259, subd. 5. Treasurer, commissions to be paid into county treasury, p. 469, § 4259, subd. 7. Treasurer, deputies, appointment and compensation of, p. 469, § 4259, subd. 7. Treasurer, salary of, p. 469, § 4259, subd. 7. VENICE. Waterfront, grant of to, p. 1357, Act 4271. VERDICT. Setting aside verdict of guilty where conditions of probation ful- filled, p. 151, § 1203, subd. e. VERIFICATION. Escheated estate, of petition for, p. 26, § 1272a. Life estate, of petition for termination of, p. 32, § 1723. Petition for formation of reclamation district, of, p. 281, § 3447. VETERANS. See Soldiers and Sailors. License tax, exemption of honorably discharged soldiers, sailors and marines from, p. 280, § 3366. VETERINARIAN. State. See State Veterinarian. VITAL STATISTICS. Lunau tor preservation of records of births, marriages and deaths, provision for, p. 1358, Act 4219. Bureau of, duties of, p. 280, § 3074. Bureau of, state board of health to maintain at Sacramento, p. 280, § 3074. Bureau of, under suiH'r\ision of state registrar of vital statistics, p. 280. § 3074. Health officer, duty as to, ]). 278. § 2984. Certificates of births and deaths, issuance and registration of, p. 1358, Act 4302. Duties and powers of registrars, coroners, physicians, undertakers and sextons in relation to vital statistics, p. 1358, Act 4302. Marriages, births and deaths, preservation of records of, p. 1358, Act 4302. Kegistrars of, state and local, appointment of. p. 135S, Act 4302. Kegistration districts for registration of births, marriages and dcatlis, establishment of, p. 1358, Act 4302. State registrar cf, duties of, p. 2>(l, § 3074. VOTERS. Sec Elections. VOTING. See Elections. INDEX. 15G3 w WAGERS. See Gaming. WAIVER. Api)oarance, by, p. 247, § 2022. Notice of dishonor of negotiable insfrnment, of, p. 82, §§ .3190-3192. WAR. State board of education authorized to close schools during war, p. 1235, Act 3586k. State council of defense, creation of, p. 1368, Act 4314. State council of defense, duties, officers, comj^ensation, headquarters, etc., p. 1368, Act 4314. State defense guard, creation, control, compensation and duties, p. 1060, Act 2203. WARDENS. Game. See Game. WARRANTY. Bond, warranty on negotiation of, p. 73, § 3146. General indorser, warranty of, p. 73, § 3147. Negotiation bv delivery or qualified indorsement, warranty under, p. 73, § 3146. WATER COMMISSION. Amendments of act of 1913 creating water commission, p. 1369, Act 4340. Appropriation of water, rights, powers and duties of commission, p. 1369, Act 4340. WATER COMPANIES. Installation of sanitary water systems, providing for, p. 1380, Act 4348b. Mutual water companies, conditions of delivery of water to others than members, p. 952, Act 1732k. Mutual water company, defined, p. 952, Act 1732k. I'se of water dangerous to health, prevention of use of, p. 1380, Act 4348b. WATER DISTRICTS. Act of 1913 providing for organization of by supervisors on petition, amendment of, p. 1385, Act 4349a. Bonds of, legal investments for bank, school and trust funds, p. 599,. Act 387a. County water districts, acquisition of water rights and construction of waterworks, p. 1383, Act 4349. County water districts, amendment of act of 1913 relating to, p. 1383, Act 4349. County water districts, distribution and sale of water bv, p. 1383, A'et 4349. County water districts, incorporation, organization and management of, p. 13S3, Act 4349. Organization of bv supervisors upon petition bv land owners, act relating to, p." 1385, Act 4349a. 1564 INDEX. WATERFRONT. Alameda city, grant of to, p. 545, Act 86. Areata, grant of to, p. 555, Act 223. Berkeley, grant of to, p. 598, Act 334. Cities authorized to improve harbors, p. 1131, Act 2389k. Los Angeles Citv, grant of to, p. 981, Act 1991. National City, grant of to, p. 1132, Act 2420. Oaklaiid, grant of to, p. 1137, Act 2534. San Diego City, grant of to, p. 1203, Act 3158a. Santa Monica, grant of to, p. 1224, Act 3527. Venii'e, grant of to, p. 1357, Act 4271. WATERING RESORTS. Sanitation, healthfulness, cleanliness and safety of swimming-pools and bathing places, p. 1386, Act 4349e. Swimming-pools and bathing places, declaring a nuisance and abat- ing, p. 1386, Act 4349e. Swimming-pools and bathing places, granting and revoking permit by state board of health, p. 1386, Act 4349e. Swimming-pools and bathing places, inspection of, p. 1386, Act 4349e. Swimming-pools and bathing places, supervision of state board of health over, p. 1386, Act 4349e. WATERS. See Kelp. Act preventing carrying of waters into another state, repeal of, p. 1388, Act 4351. Appropriation of, amendments of act of 1913, relating to, p. 1369, Act 4340. Appropriation of waters, right of and procedure, p. 1369, Act 4340. Assessment of water ditches, p. 309, § 3663. Canals, ditches, flumes, etc., screens before to protect fish, provision relating to, p. 123, § 629. Dams, department of engineering given authority over, p. 1246, Act 3S18b. Dams, fishways around or over, provision relating to, p. 140, § 637. Dams, fishways or ladders around or over, hatchery in lieu of, p. 140, § 637. Dams, ladders over for fish, provision relating to, p. 140, § 637. Dams, proceedings where too high for fishways, p. 140, § 637. Dams, regulation of construction of, p. 1246, Act 3818b. Drainage. See Drainage. Diyersion of, action to enjoin, defense of use of water for irriga- tion and procedure in, p. 12, § 534. Harbors. See Waterfront. Ifouse-boats, ])rovisions as to auclioriiig in streams used for domestic ]iurposeH, ]). 1151, Act 2S30. Investigation of rainfall, flood conditions, dams, etc., p. 1246, .Act 381 Sb. Irrigation. See Irrigalioii. I'rotection districts. See Protection Districts. Keclamation districts. See Eeclamation Districts. Hiver.s, canalization of, survey and report on, p. 1246, Act 3818b. Rivers, ])articular river. See particular title. Sewage, discharge of into waters, act relating to, p. 1151, Act 2830. Tide-lands. See Swamp and Overflowed Jjands. Use of water dangerous to health, prevention of, p. 1380, Act 4848b. Water commission. See Water Commission. Water companies. See Water Companies. INDEX. 15G5 WATERS (Continued). Water districts. See Water Districts. Waterfront. See Waterfront. Watering resorts. See Watering Resorts. WEAPONS. See Deadly Weapons. WEASELS. See (iaine Laws. WEIGHTS AND MEASURES. Amendment of act of 1913, relating to, p. 1388, Act 4385. WEST SIDE IRRIGATION DISTRICT. Formation of validated, p. 900, Act 1725k. WHITING. See Game Laws. WHITTIER STATE SCHOOL. Department for clinical diagnosis of inmates, creation, powers, duties and expenses, p. 1391, Act 4414. Inquiry into causes and consequences of delinquency or mental deficiency, p. 1391, Act 1391. WILD CATS. See Game Laws. WILLS. Alienation, power of, how long may be suspended, p. 53, § 715. Charities, bequests to, restrictions upon, p. 54, § 1313. Guardian of insane person, appointment of by will or deed, p. 40, §242. Stat6 or state institutions, bequests to, no restriction upon, p. 54, § 1313. WILSON SNIPE. See Game Laws. WINES. Transfer of wines in wineries, etc., without change of possession, how made, p. 100, § 3440. WIPING RAGS. Not to be cleaned in laundry, p. 1157, Act 2S40b. WITNESSES. Adverse party called by opposed, riglit of examination of by liis own counsel, p. 35, § 2055. Adverse parties, may be examined by opponent, p. 35, § 2055. Adverse party, opponent calling may rebut testimony of, p. 35, § 2055. Adverse parties, opponent calling not bound by testimony p. 35, § 2055. Adverse parties, rules governing examination of by opponent, p. 35 § 2055. Attorney as, p. 33, § 1881. Attorney, secretary, clerk or stenographer as witness, p. 33, § 1881. Clergyman as, p. 33, § 1881. Corporations, examination of directors, officers, superintendent or manager by adverse party, rules as to, p. 35, § 2055. Depositions. See Depositions. Husbands or wives as, p. 33, § 1881. See Privileged Communications. Physicians or surgeons as, p. 33, § 1881. See Privileged Communica- tions. Privileged communications. See Privileged Communications. Military courts, before. See National Guard. 1566 INDEX. WIVES. See Husbaud and Wife. WOLVERINES, See Game Laws. WOMEN. Eight-hour law for female emploj-ees, p. 839, Act 15.37. .Jurors or grand jurors, competency as, p. 6, § 204. WORDS AND PHRASES. See Definitions. Accommodation party to negotiable instrument, p. 65, § 3110.^ Action, p. 98, § 3266. Bank, p. 98, § 3266. Great register, p. 181, § 1094. "Gross receipts from operation," p. 313, § 3665a. Holder in due course, p. 70, § 3133. Indorsement, cjualified, p. 67, § 3119. Negotiation of negotiable instrument, p. 66, §3111. "Operative property," p. 314, § 3665b. Person, p. 98, § 3266. Primarily liable, p. 99, § 3266a. Eegister; p. 181, § 1094. Secondarily liable, p. 99, § 3266a. Value, p. 65, § 3106. Writing includes print, p. 98, § 3266. Written includes printed, p. 98, § 3266. WORKMEN'S COMPENSATION. Beneficiaries of workmen's compensation insurance policies, protec- tion against insolvency of insurance carriers, p. 1036, Act 3143f. Employers' liability act of 1913, repeal of certain sections, p. 1039, Act 2144a. Employers' liability and workmen's compensation act of 1917, p. 988, Act 2143c. Y YEAR. School, beginning and ending of, p. 223, § 1670. School year. See Schools. YOLO COUNTY. Assessor, salary and expenses of, p. 484, § 4264, subd. 7. Auditor, salary of, p. 484, § 4264, subd. 4. Constables, ascertaining population of townships for purpose of de- termining compensation, p. 484, § 4264, subd. 14. Constables, com])ensation where nu)ro than one in same township, p. 484, § 4264, subd. 14. Constables, salaries and fees of, ]). 4S1,§ 12()1, sulxl. 14. Coroner, fees of, p. 484, § 4264, subd. 9. County clerk, salary and allowance, p. 484, § 4264, sulxl. 1. District attorney, salary of, p. 4S4, § 4264, subd. 8. .Justices, ascertaining [)'opulation of townslni)s for purpose of deter- mining salaries, p. 481, § 4264, subd. M. .Justices, comjiensation where more than one in same townshij), p. 484, § 42G4, subd. 13. .Fiisticos, fines, payment into treasury, p. 484, § 4264, subd. 13. .Tustii'cs, salaries and fees, p. 484, § 4264, subd. 13. I'ublic a.lministrator, fees of, p. 484, § 4264, subd. 10. INDEX. • 1567 YOLO COUNTY (Continued). Keconlcr, salary of, p. -184, § 42()4, subil. .3. Hherift', salary of, p. 484, § 42(54, subd. 2. Superintendent of schools, salary and ox])enses, p. 4S4, § 42fi4, subd. 11. Supervisors, salary of, ]>. 484, § 4264, subd. In. Surveyor, county work, amount of required, p. 484, §4261, subd. 12. Surveyor, salary and allowances, p. 484, § 42G4, subd. 12. Tax collector, salary of, p. 484, § 4264, subd. 5. Treasurer, salary of, p. 4S4, § 4264, subd. ;">. YOUNG MEN'S CHRISTIAN ASSOCIATION LAW COLLEGE OF SAN FRANCISCO. Kepeal of section adniittin;^ jrratluates to practice without examina- tion, p. 9, § 2S0b. YUBA COUNTY. Assessor, de]iuties, number, apiiointment and salaries, p. 491, § 4267, subd. 7. Assessor, salary of, p. 491, § 4267, subd. 7. Auditor, salary of, p. 491, § 4267, subd. 4. Constables, population of townships, how ascertained for purpose of fixing salaries of, p. 491, § 4267, subd. 13. Constables, salaries, fees and expenses of, p. 491, § 4267, subd. 13. Coroner, salary and expenses of, p. 491, § 4267, subd. 9. County clerk, deputy, appointment and salary, p. 491, § 4267, subd. 1. County clerk, salary of, p. 491, § 4267, subd. 1. District attorney, clerk, appointment and salary of, p. 491, § 4267, subd. 7. District attorney, salary of, p. 491, § 4267, subd. 8. Justices, population of townships, how ascertained for purpose of fixing salaries, p. 491, § 4267, subd. 13. Justices, salaries, expenses and fees of, p. 491, § 4267, subd. 13. Public administrator, fees of, p. 491, § 4267, subd. 10. Recorder, deputj', appointment and salary, p. 491, § 4267, subd. 3. Recorder, salary of, p. 491, § 4267, subd. 3. Sheriff, salary and expenses of, p. 491, § 4267, subd. 2. Superintendent of schools, salary and expenses of, p. 491, §4267, subd. 11. Supervisors, mileage as road overseers, p. 491, §4267, subd. 14. Supervisors, salary of, p. 491, § 4267, subd. 14. Surveyor, salary and expenses of, p. 491, § 4267, subd. 12. Tax collector, salary of, p. 491, § 4267, subd. 6. Treasurer, deputy, appointment and salary of, p. 491, § 4267. Treasurer, salary of p. 491, § 4267, subd. .5. UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped helow UUL 17 193b 4 195Q ,vDQ9 6V350 Form L-9-15//(-7,'35 UN1VL':US1TY of CALiK.jiiNlA AT LOS ANGELhiS LIBRARY UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 884 554 Pilii!