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UNIVERSITY

OF CALIFORNIA

LOS ANGELES

SCHOOL OF LAW
LIBRARY

CHICAGO STA.r?
fJINOERY
-^■>>« ""- T.pring St., L. A.
Mutual 4434

THE

CODES AND STATUTES

THE STATE OF CALIFORNIA.

THEODOEE H. HITTELL,

ACTHOE OF "HITTELL's GENEKAL LAWS," AND OTHEK LAW PUBLICATIONS.

IN TWO VOLUMES.

Vol. I.

SAN FRANCISCO-.

A. L. BANCKOFT AND COMPANY,

Law Book Publishees, Bookselleks and Stationees.
1876.

C30

Eutercil according to Act of Congress, in the year 187G,

By a. L. BANCROFT &: CO^ilPANY,

In the office of the Librarian of Congress, at Waslungtcn.

Bks rBANcmoo:

A. I.. U4N<.IM>IT A OOUPAKr,
lUlNU UK.

PREFACE.

This work is designed to give, in as complete and convenient
a form as is practicable, the statute laws of a general nature of
the State of California, as they at present exist. These laws
consist of what are known as the Codes, and various other acts
which were either continued in force by the Codes, or were
unaffected by them, or have been passed since their adoption.
The separate acts referred to, if they treat of subjects also
treated of in the Codes, will be found inserted in proper places
in the Codes; otherwise, they will be found in the latter portion
of the work under the oreneral head of " Statutes in Force."
Many special and local acts, particularly such as modify the
general rules of the Codes, or such as affect many persons, or
are of important application in many counties, are also given,
the plan being to include all the general and as much of the
special and local legislation of the State as can be contained
in a digest of reasonable compass. Where the special and local
acts are not given in full, they are referred to in such a manner
as to guide the inquirer and enable him readily to find what
he seeks for; and in all cases the special and local laws affecting-
particular counties are referred to under the heads of the
respective counties.

Ticclaratioit of ^nktitnticucc.

JULY 4, 1776.

THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF
AMERICA IN CONGRESS ASSEMBLED.

i. When, in tlie course of human events, it becomes necessary for one people
to dissolve tlie political bands which have connected them with another, and to
assume among the powers of the earth the separate and equal station to which
the laws of nature and of nature's God entitle them, a decent resjiect to the
opinions of mankind requires that they should declare the causes which impel
them to the separation.

"We hold these truths to be self-evident: that all men are created equal; that
they are endowed by their Creator with certain inalienable rights; that among
these are life, libert}', and the pursuit of happiness; that, to secure these rights,
governments are instituted among men, deriving their just powers from the
consent of the governed; that, whenever any form of government becomes
destructive of these ends, it is the right of the people to alter or to abolish it,
and to institute new government, laying its foundation on such principles, and
organizing its jDOwers in such form, as to them shall seem most likely to efiect
their safety and happiness. Prudence, indeed, will dictate that governments
long established should not be changed for light and transient causes; and,
accordingly, all experience hath shown that mankind are more disposed to
suffer, while evils are sufferable, than to right themselves by abolishing the
forms to Avhich they are accustomed. But when a long train of abuses and
usurpations, pursuing invariably the same object, evinces a design to reduce
them under absolute despotism; it is their right, it is their duty, to throw olJ
such government, and to provide new guards for their future security. SucL
has been the patient sufferance of these colonies, and siich is now the necessitv
which constrains them to alter their former systems of government. The
history of the present king of Great Britain is a history of repeated injuries and
usurpations, all having in direct object the establishment of an absolute tyranm
over these states. To prove this, let facts be submitted to a candid world: —

He has refused his assent to laws the most wholesome and necessary for tht
public good.

He has forbidden his governors to pass laws of immediate and jjressing
importance, unless suspended in their operation until his assent should be
obtained; and, when so suspended, he has utterly neglected to attend to them.
He has refused to pass other laws for the accommodation of large districts o;
people, unless those people would relinquish the right of representation in the
legislature — a right inestimable to them, and formidable to tyrants only.

He has calleel together legislative bodies at places unusual, uncomfortable,
and distant from the repository of their public records, for the sole purpose ol
fatiguing them into compliance with his measures.

He has dissolved representative houses repeateelly for opposing with manlv
firmness his invasions on the rights of the people.

He has refuseel, for a long time after such dissolutions, to cause others to be

i DECLAPuVTlON OF IXDEPENDE^CE.

electevl; whereby tlie legislative powers, incapable of annibilation, liave returned
to the people at* large for theii- exercise— the state remaining-, in tbe meantime,
exposed to all the daugei-s of invasion from -n'ithout and convulsions within.

He has endeavored to prevent the jiopulation of these states— for that purpose
obstructing the laws of naturalization of foreigners, refusing to pass others to
eucourage their migration hither, and raising the conditions of new appropri-
ations of lauds.

He has obstructed the administration of justice, by refusing his assent to
laws for establishing judiciary powers.

He has made judges dependent on his will alone for the tenure of their
offices luid the amount and payment of their salaries.

He has erected a multitude of new offices, and sent hither swarms of officer?
to harass our people and eat out their substance.

He has kei)t among us, in times of peace, standing armies, without the consent
of our legislatures.

He has aflfected to render the military independent of, and superior to the
civil power.

He has combined with others to subject us to a jurisdiction foreign to our
constitution, and unacknowledged by our laws — giving his assent to their acts
of pretended legislation;

For quartering large bodies of armed troops among us;

For protecting them, by a mock trial, from punishment for any murders
which they should commit on the inhabitants of these states;

For cutting of!" our trade with all parts of the world;

For imposing taxes on us without our consent;

For depriving us, in many cases, of the benefits of trial by jury;

For transporting us beyond seas to be tried for pretended offenses;

For al>olishiug the free system of English laws in a neighboring province,
t-stablishing therein an arbitrary government, and enlarging its boundaries, so-
us to render it at once an example and tit instrument for introducing the same
absolute rule into these colonies;

■;g away our charters, abolisliing our most valuable laws, and altering,
i !:dly, the forms of our governments;

For suspending our own legislatures, and declaring themselves invested with
jiower to legislate for us in all cases whatsoever.

H«' has alxlicated government here b}- declaring us out of his protection and
r against us.

plundered our seas, ravaged our coasts, burnt our towns, and
V €h1 the lives of our people.

ii' :s at this lime transjiorting large armies of foreign mercenaries to complete
thf woiKh of <leath, desolation and tyranny, already begun, with circumstances
.••Ity and i»erfidy scarcely ]iaralleled in the most barbarous ages, and
;, unworthy the head of a civilized nation.

He Las coUKtraiiied our fellow-citizens, taken captive on the high seas, to
1 ■ inst their (-(juntry, to become the executioners of their friends

4';' ■ r to fall th(inH«'lve8 by their haiuls.

H< ■ d domestic insurrection among us, and has endeavored to bring

on tht :ant« of our frontiers the merciless Indian savages, whose known

rule of warfare is an undistinguished destruction of all ages, sexes, and
conditions.

In tv»r>- stage of these oppressions, we have petitioned for redress in the
moht hundilo lemis. Our repeated petiti«jn8 have been answered only by
repeated injury. A prince, whose character is thus marked by every act which
may deOuc a tyrant, is unfit to be the ruler of u free people.

DECLAKATION OF INDEPENDENCE.

Nor have we been wanting in attentions to our British brethren. We have
warned them, from time to time, of attempts, by their legislature, to extend an
unwarrantable jurisdiction over us. We have reminded them of the circum-
stances of our emigration and settlement here. We have appealed to their
native justice 'and magnanimity, and we have conjured them, by the ties of our
common kindred, to disavow these usurpations, which would inevitably inter-
rupt our connections and correspondence. They, too, have been deaf to the
voice of justice and consanguinity. We must, therefore, acquiesce in the
necessity which denounces our separation, and hold them, as we hold the rest
of mankind, enemies in war; in peace, friends.

We, therefore, the representatives of the United States of America, in General
Congress assembled, appealing to the Supreme Judge of the world for the
rectitude of our intentions, do, in the name and by the authority of the good
people of these colonies, solemnly publish and declare that these united colonies
are, and of right ought to be, free and independent states; that they are
absolved from all allegiance to the British Crown, and that all political connec-
tions between them and the State of Great Britain is, and ought to be, totally
dissolved; and that, as free and independent states, they have full power to
levy war, conclude peace, contract alliances, establish commerce, and to do all
other acts and things which independent states may of right do. And for the
support of this declaration, with a firm reliance on the protection of Divine
Providence, we mutually pledge to each other our lives, our fortunes, and our
sacred honor.

The foregoing declaration was, by order of Congress, engrossed and signed
by the following members:

John Hancock,
Samuel Adams,
John Adams,
Robert Treat Paine,
Elbridge Gerry,
Josiah Bartlett,
William Whipple,
Matthew Thornton,
Stephen Hopkins,
William Ellery,
C^sAR Rodney,
George Read,
Thomas M'Kean,
Roger Sherman,
Samuel Huntington,
William Williams,
Richard Stockton,
John AVitherspoon,
Francis Hopkinson,
John Hart,
Abraham Clark,
William Hooper,
Joseph Hewes,
John Penn,
Robert Morris,
BenjajShn Rush,
Benjamin Franklin,
John Morton,

Oliver Wolcott,

Samuel Chase,

William Paca,

Thomas Stone,

Charles Carroll, of Carrollton.

W^iLLiAM Floyd,

Philip Livingston,

Francis Lewis,

Lewis Morris,

George Wythe,

Richard Henry Lee,

Thomas Jefferson,

Benjamin Harrison,

Thomas Nelson, Jr.,

Francis Lightfoot Lee,

Carter Braxton,

George Clymer,

James Sj\nTHE,

George Taylor,

James Wilson,

George Ross,

Edward Rutledge,

Thomas Heyward, Jr.,

Thomas Lynch, Jr.,

Arthur Meddleton,

Button G\\innett,

Lyman Hall,

George Walton.

(loitoHlulioii of lljc Idiitcii Strttcs.

ii. Pi-eamhle.

We, the people of the United States, in order to form a more perfect union,
establish justice, insure domestic tranquillity, provide for the common defense,
promote the general welfare, and secure the blessings of liberty to ourselves
and our i>usterity, do ordain and establish this Constitution for the United
States of ^Vmerica.

AETICLE I.
Legi^alive Poicer — Congress.

Section 1. All legislative powers herein granted shall be vested in a congress
of the United States, which shall consist of a senate and house of represent-
atives.

House of Represeixiaiives.

Sec. 2. The house of representatives sliall be composed of members chosen
every second year by the people of the several states, and the electors in each
state shidl have the quulilications requisite for electors of the most numerous
branch of the state legislature.

No person shall be a representative who shall not have attained to the age of
twenty-five years, and been seven years a citizen of the United States, and who
shall not, when elected, be an inhabitant of that state in which he shall be
chosen.

Representatives and direct taxes shall be apportioned among the several
states which may be included within this Union, according to their respective
numbers, which shall be determined by adding to the whole number of free
persoiis, including those bound to service for a term of years, and excluding
Iniliuns not taxed, three iifths of all other persons. The actual enumeration
sluill be made within three years after the first meeting of the congress of the
United States, and within every subsequent term of ten years, in such manner
as Uiey shidl l»y law direct. The number of representatives shall not exceed
one for every thirty thousand, but each state shall have at least one represent-
otive; and until such enumeration shall be made, the state of New Hampshire
shall lie entitled to choose three, Massachusetts eight, Rhode Island and Prov-
idence Plantations one, Connecticut five. New York six. New Jersey four,
PennKylvunia eight, Delaware one, ilaryland six, Virginia ten, North Carolina
five, South ('ur«jlina five, and Ge<jrgiu three.

When vu<-ancieK happen in the representation from any state, the executive
authority thereof shall issue writs of election to fill such vacancies.

The house of representatives shall choose their siieaker and other officers;
and shall have the sole power of impeachment.
Senate.

Set. 'A. Tlie Honnt<' of the Unit<nl States shall Ite composed of two senators
from each State, chosen by the legislature thereof for six years; and each senator
shall liave one vote.

Imnjcdiately after they shall be assembled in consequence of the first election,
they shall be divided as ecjually as may be into three classes. The seats of the

CONSTITUTION OF THE UNITED STATES. ii-iii

senators of the first class shall be vacated at tlie expiration of the second year,
of tlie second class, at the expiration of the fourth year, and of the third class,
at the expiration of the sixth year, so that one third may be chosen every
second year; and if vacancies happen by resignation, or otherwise, during the
recess of the legislature of any state, the executive thereof may make temporary
appointments until the next meeting of the legislature, which shall then fill
such vacancies.

No person shall be a senator who shall not have attained to the age of thirty
3'ears, and been nine years a citizen of the United States, and who shall not,
when elected, be an inhabitant of that state for which he shall be chosen.

The vice-president of the United States shall be president of the senate, but
shall have no vote unless they be equally divided.

The senate shall choose their other ofificers, and also a president pro tempore,
in the absence of the vice-president, or when he shall exercise the office of
president of the United States.

The senate shall have the sole power to try all impeachments. When sitting
for that purpose, they shall be on oath or affirmation. When the president of
the United States is tried, the chief justice shall preside: And no person shall
be convicted without the concurrence of two thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal
from office, and disqualification to hold and enjoy any office of honor, trust, or
profit under the United States; but the party convicted shall nevertheless be
liable and subject to indictment, trial, judgment and punishment, according
to law.

Elections for senators and representatives.

Sec. 4. The times, places and manner of holding elections for senators and
representatives, shall be prescribed in each state by the legislature thereof; but
the congress may at any time by law make or alter such regulations, except as
to the places of choosing senators.

Sessions of congress.

The congress shall assemble at least once in every year, and such meeting
shall be on the first Monday in December, unless they shall by law appoint a
difierent day.
iii. Poicers of houses of congress — Quorum.

Sec. .5. Each house shall be the judge of the elections, retiirns and qualifi-
cations of its own members, and a majority of each shall constitute a quorum
to do business; but a smaller number may adjourn from day to day, and may
be authorized to compel the attendance of absent members, in such manner,
and under such penalties as each house may provide.

Each house may determine the rules of its proceedings, punish its members
for disorderly behavior, and, with the concurrence of two thirds, expel a member.

Each house shall keep a journal of its proceedings, and from time to time
publish the same, excepting such parts as may in their judgment require
secrecy; and the yeas and nays of the members of either house on any question
shall, at the desire of one fifth of those present, be entered on the journal.

Neither house, during the session of congress, shall, without the consent of
the other, adjourn for more than three days, nor to any other place than that
in which the two houses shall be sitting.

Compensation of members — Privileges — Disabilities.

Sec G. The senators and representatives shall receive a compensation for
their services, to be ascertained by law, and paid out of the treasury of the
United States. They shall in all cases, except treason, felony and breach of
the peace, be privileged from arrest during their attendance at the session of

Ill

CON'STITrTION OF THE I'XITED STATES.

their respective bouses, and in going to and returning from the same; and for
auv spt .rli i.r dcljate in either house, they shall not be questioned in any other

place.

Xo seiKUor or represintalive shall, during the time for whicli he was elected,
l>e appointed to any civil office under the authority of the United States, which
shall have been cx-eated, or the emoluments whereof shall have been increased
duriu" such time; and no person holding any office under the United States,
shall be a member of either house during his continuance in office.
Manner of pa.<siii'i bills— Onleis, rexohdioiis, etc.

Sec. 7. All bills for raising revenue shall originate in the house of represent-
atives; but the senate may propose or concur with amendments as on other
bills. '

Everv bill which shall have passed the house of representatives and the
senate, shall, before it become a law, be presented to the president of the United
States; if he approve he shall sign it, but if not he shall return it, Avith his
objections, to that house in which it shall have originated, who shall enter the
objections at large on their journal, and proceed to reconsider it. If, after
such reconsideration, two thirds of that house shall agree to pass the bill, it
shall be sent, together with the objections, to the other house, b}' which it shall
likewise be reconsidered, and if approved by two thirds of that house, it shall
become a law. But in all such cases the votes of both houses shall be deter-
mined by yeas and nays, and the names of the persons voting for and against
the bill shall be entered on the journal of each house respectively. If any bill
shall not be i-eturued by the president within ten da^'S (Sundays excepted) after
it shall have been presented to him, the same shall be a law, in like manner as
if he hud signed it, unless the congress by their adjournment prevent its return,
in which case it shall not be a law.

Every order, resolution or vote to which the concurrence of the senate and
bouse of representatives may be necessary' (except on a question of adjourn-
ment) shall be presented to the president of the United States; and before the
same uliall take effect, shall be approved by him, or, being disapproved by him,
shall be rep:isse<l by two thirds of the senate and house of representatives,
according to the rules and limitations prescribed in the case of a bill.
Powers of congress.

Sic. 8. The congi-ess shall have power to lay and collect taxes, duties, im-
pKhts and excises, to pay the debts and provide for the common defense and
geneml welfare of the United States; but all duties, imposts and excises shall
]>e uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations,'" and among the several states,
and with the Indian tribes;

To establish an uniform rule of naturalization,""^ and uniform laws on the
subject of bankruptcies throughout tlie United States;

1 ■ T),. ►Uii-i. l."M t . l.Rv. r.ornrront power with Io^k hiuI hinilxr lloalcd down a stream from that utate

■ uu(l<.'rHUiidiDK li.lo un ftdji.liiiug htatc. C«rnou IMvt-r L. Co VB. Pattcr-

'luuat muKt givu Kuii, xt Cal. :i::i.

■| hi' tJix updii jiaRsc-nRcrR. provided for by the act of

.it iu t.i.ugriM>. People vs. May U, IHCi (StutB. iso.i,.''.:!'.)). wiiH a ri(,nilutioiiof coin-

' iinrcc mid ripiiKiiBiit to the IT. S. CouBtitution. People

• >•. \Oii ii 1 ii rcliivd. Mitchell vh. Uuyinoinl, :h Oul. 4'.»2.

The jMiwer to cxclinle from tlie liiiilts of a Btate per-

of rornmercUI boiim In tlic lull i»ihhikh1oii of tlitir fuculties, sound in

' '• pentonn M well body, wl.n arc ii<-lth<T pauixTs, vuKaboudgor crijiiiuals,

' Ih a rci^iilntiiin of ciDunicrce, which the Ktatc, even ia

■ «o Chinc'iic irn- tin- abxincc of leKit-hitimi on the h-ubject, cannot exer-

' l^lon. Lin Slog tlt.e. SUle vh HleaiuBhip ConKtltutiou, 42 Gal. 578.

Y8. "»»: I r.i. . •:.;',. J. ('') See thlu power UiBCUHBed. Ex parte Kuowles, 5

A RUti; h*« L ' j.'/wcr to pkM* Uw impoaiugtioUon Cal. SOO.

CONSTITUTION OF THE UNITED STATES. iii

To coin money, regnlatc the value thereof, and of foreign coin, and fix the
standard of weights and measures;*"'

To provide for the punishment of counterfeiting the securities and current
coin of the United States;

To establish post-offices and post-roads;

To promote the progress of science and useful arts by securing for limited
times to authors and inventors the exclusive right to their respective "writings
and discoveries;

To constitute tribunals inferior to the supreme court;

To define and pi^nish piracies and felonies committed on the high seas, and
offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules con-
cerning captures on land and water;

To raise and support armies, but no appropiiations of mone}' to that use
shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the laud and naval
forces;

To provide for calling forth the militia to execute the laws of the Union,
sujipress insurrections and repel invasions;

To provide for organizing, arming, and disciplining the militia, and for §'ov-
erning such part of them as may be employed in the service of the United
States, reserving to the states respectively, the apjoointment of the officers, and
the authority of training the militia according to tlie discipline prescribed by
congress;

To exercise exclusive legislation in all cases whatsoever, over such distiict
(not exceeding ten miles square) as may, by cession of particular states, and
the acceptance of congress, become the seat of the government of the United
States, and to exercise like authorit}' over all i^laces purchased by the consent
of the legislature of the state in which the same shall be, for the erection of
forts, magazines, arsenals, dockyards, and other needful buildings; and

To make all laws which shall be necessary and proper for carrying into exe-
cution the foregoing powers, and all other powers vested by this Constitution
in the government of the United States, or in any department or officer thereof.

Limitations of the po\cers of congress.

Sec. 9. The migration or importation of such persons as any of the states
now existing shall think proper to admit, shall not be prohibited by the con-
gress prior to the year one thousand eight hundred and eight, but a tax or duty
may be imposed on such importation, not exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended, unless
when in cases of rebellion or invasion the public safety may require it.
No bill of attainder or ex post facto law shall be passed.

No capitation, or other district tax shall be laid, unless in proportion to the
census or enumeration hereinbefore directed to be taken.

No tax or duty shall be laid on articles exported from any state.
No preference shall be given by any regulation of commerce or revenue to
the ports of one state over those of another; nor shall vessels bound to, or
from, one state, be obliged to enter, clear, or pay duties in another.

No money shall be drawn from the treasury, but in consequence of appro-
la) The U.S. Constitution confers upon congress the This clause does not prevent a state from passing
power to issue treasury notes or bills of credit, not in la^\■s to punish counterfeiting. People vs. 'V\hite, ol
express terms biit as a power necessarily implied; and Cal. 183.
also to ma!<e such notes or bills a legal tender in pay-
naent of debts. Lick vs. Faulkner, 25 Cal. 401.

m-v

COXSTITITIOX OF THE TNITED STATES.

priatious made bylaw; and a regular statement and account of the receipts
and expenditures of all public money shall be published from time to time.

No title of nobility shall be granted by the United States: And no person
holding any office of profit or trust under them, shall, \Yithout the consent of
the cougres.s, accept of any present, emolument, ollice, or title, of any kind
whatever, from any king, prince, or foreign state.
iv. LimUation of ixm-rrs of indiriduol states.

Sec. 10. No state shall enter into any treaty, alliance, or confederation; grant
letters of marque and reprisals; coin money; emit bills of credit; make auy-
tliiug but gold and silver coin a tender in payment of debts ;'-'^ pass any bill of
attainder, ex post facto law, or law inipairiug the obligation of contracts;'"^ or
grant any title of nobility.

No state shall, without the consent of the congress, lay any imposts or
dutie.s ou imports or exports*"' except what may be absolutely necessary for
cxeciitiug its inspection laws; and the net produce of all duties and imposts,
laid bv any state ou imports or exports, shall be for the use of the treasury of
the United States; and all such laws shall be subject to the revision and control
of the congress.

No state shall, without the consent of congress, lay any duty of tonnage,
keep troops, or ships of war iii time of peace, enter into any agreement or com-
pacj with another state, or with a foreign power, or engage in war, unless
actually invaded, or in such imminent danger as wdll not admit of delay.

ARTICLE II.
v. Exrrtid,' ^. •.».., — President and vice-jjresident.

Section 1. The executive power shall be invested in a president of the
United States of Amenca. He shall hold his office during the term of four
years, and, together with the vice-president, chosen for the same term, be
elected, as follows: —

Each state shall appoint, in such manner as the legislature thereof may
direct, a number of electors, equal to the whole number of senators and repre-
sentiitives to which the state may be entitled in the congress: but no senator
or representative, or person holding an office of trust or profit under the
United States, shall be appointed an elector.

I The electors shall meet in their respective states, and vote by ballot for two
ptrx'iis, of whom one at least shall not be an inhabitant of the same state with
themselves. And they shall make a list of all the persons voted for, and of the
numlKT of votes for each; which list they shall sign and certify, and transmit
Bculcd to the seat of the government of the United States, directed to the presi-
dent of Uie senate. The president of the senate shall, in the presence of the

!li<- tiicanlng of tlils An act iirovidiug that, if a person who hasbeeu con-

■ •>'«. victfd of ji'lty larreny nhall agniu coiuiiiit petty lar-

1-" ■< liy a ((Piitract <ciiy ho shall Ik- (U-cnicd guilty of a felony, is uot an

b" ■ f the obli|>a- ex jioht farto hiw, even when applied to a person who

U n Vh. Miigee, coniniilted the llrst ollensi; prior to tlie pas^age of the

*' Htntiite. Kx ])arte Gutierrez, 4.') Cal. 4'ii».

A law rlianKln« the forms of proeediiro bv which per-

A M> to rt^iniUtf tha remedy cons an used .if crime are to be tried Jor offenses coin-

•• ■ '' ' '' ''•'•' " ■■ ■ "iiH mltted iKfiire the law was passed, is not an ex post facto

"' I hiw. J'eojile vs. Mortimer, •!« Cal. IH.

•') C") The revenue act of Ajiill W, IH.'iH, go far as it

•; ■ ■-•• ■ • '. JO ImposeH a tax upon bills of Ij.dintj; for transportation

<-'» "f Kold or silver Irom this slate to another, is in emu

A 1 .n. i»wu-d iMiween fllei with this clause. Brummagiin vs. TiUiui/hast, 18

tJi- In Judicial HBlu Cftl. -IM.

» of ouch Wile. The art of May 3, IH.VJ, providluK for appointment of

•J' • 't. Moore VH. a ganger at San Francisco, was not uncon^tiiullonal ae

W' ■ Impi'sing duties on imp.irts by state authority, because

u-<\ and "not s state has a right to pass inspection laws, and this

P»i «»"• It 1* not Involves the power of enforcing them by ade.puite pro-

C";- . ii Jnv«lldort» vIhIodh lo pay inspecting officers. Addison vs. Saulnier,

•Utlion/< k luli'ituti f;-jtuttiimUult Iv <iu mt. IUmw VH, £•- 10 Cftl. 82.

tiidlUo, ■j:i C«l. TTU.

CONSTITUTION OF THE UNITED STATES. t

senate and house of representatives, open all the certificates, and the votes
shall then be counted. The person having the greatest numher of votes shall
be the president, if such number be a majority of the whole number of electors
appointed; and if there be more than one who have such majority, and have
an equal number of votes, then the house of representatives shall immediately
choose by ballot one of them for president; and if no person have a majoiity,
then from the five highest on the list the said house shall in like manner choose
the president. But in choosing the president, the votes shall be taken by
states, the representation from each state having one vote; a quorum for this
purpose shall consist of a member or members from two thirds of the states,
and a majority of all the states shall be necessary to a choice. In eveiy case,
after the choice of the president, the person having the greatest nvimber of
votes of the electors shall be the vice-president. But if there should remain
two or more who have equal votes, the senate shall choose from them by ballot
the vice-president, p*"

The congress may determine the time of choosing the electors, and the day
on which they shall give their votes; which day shall be the same throughout
the United States.

No person except a natural-born citizen, or a citizen of the United States at
the time of the adoption of this constitution, shall be eligible to the ofSce of
president; neither shall any person be eligible to that office who shall not have
attained to the age of thirty-five years, and been fourteen years a resident within
the United States.

In case of the removal of the president from office, or of his death, resignation,
or inability to discharge the powers and duties of the said office, the same shall
devolve on the vice-president, and the congress may by law provide for the
case of removal, death, resignation, or inability, both of the president and vice-
president, declaring what officer shall then act as jiresident, and such officer
shall act accordingly, until the disability be removed, or a president shall be
elected.

The president shall, at stated times, receive for his sei'vices, a compensation,
which shall neither be increased nor diminished during the period for which he
shall have been elected, and he shall not receive within that period any other
emolument from the United States, or any of them.

Before he enter on the execution of his office, he shall take the following oath
or affirmation: — "I do solemnly swear (or affirm) that I will faithfully execute
the office of president of the United States, and will, to the best of my ability,
preserve, protect and defend the constitution of the United States."
Foioers and duties of president.

Sec. 2. The president shall be commander-in-chief of the army and navy of
the United States, and of the militia of the several states, when called into the
actual service of the United States; he may require the oj)inion, in writing, of
the principal officer in each of the executive departments, upon any subject
relating to the duties of their respective offices, and he shall have power to
grant reprieves and pardon for offenses against the United States, except in
cases of impeachment.

He shall have power, by and with the advice and consent of the senate, to
make treaties,^"" provided two thirds of the senators present concur; and he
shall nominate, and by and with the advice and consent of the senate, shall

(a) This paraRTaph is superseded by Article XII. of It is not -within the constitutional power of the state

the Amendments to the Constitution, post, 19. legislature to confer jurisdiction upon federal courte

(&) A treaty made by the United States, removing or prescribe the means or mode of its exercise. Greely

the disability of aliens to inherit, is valid and within vs. Townsend, 25 Cal. C04.
the intent of the constitution. People vs. Gerke, 5 Cal.
381.

T-vi CONSTITUTION OF THE UNITED STATES.

appoint ambassadors, other public ministers and consuls, jutlges of tlie supreme
court, anil all other officers of the United States, whose appointments are not
herein otherwise provided for, and which shall be established by law; but the
oonjjress may by law vest the appointment of such inferior officers, as they
think proper, in the president alone, in the courts of law, or in the heads of
departments.

The pre^dent shall have power to fill up all vacancies that may happen
during the recess of the senate, by granting commissions which shall expire at
the end of their next session.
.l/'V«>7jj/tv — Calling together and adjourning congress, etc.

Sec. 3. He shall from time to time give to the congress information of the
6ti»t6 of the Union, and recommendlo their/consideration such measures as he
shall judge neces.sary and expedient; he may, on extraordinary occasions,
convene l.>oth houses, or either of them, and in case of disagreement between
them, with respect to the time of adjournment, he may adjourn them to such
time as he shall think proper; he shall receive ambassadors and other public
ministers; he shall take care that the laws be faithfully executed, and shall
commission all the officers of the United States.
Hemoval o/officos on impeachments.

Sec. 4. The president, vice-president and all civil officers of the United
Staif^, shall be removed from office on* impeachment for, and conviction of,
treason, briber}', or other high crimes and misdemeanors.

ARTICLE III.
vi. Judicial department.

Section 1. The judicial power of the United States shall be vested in one
supreme court, and in such inferior courts as the congress ma^' from time to
time ordain and e.stablish.'"^ The judges, both of the supreme and inferior
courts, shall hold their offices during good behavior, and shall, at stated times,
receive for their services a compensation which shall not be dii^uished during
their continuance in office.
Judirial power.

Sec. 2. The judicial power shall extend to all cases, in law and equity,
arising under this constitution, the laws of the United States, and treaties
made, or which shall be made, under their authority; — to all cases afi'ectiug
axubassa<l«>rs, other public ministers, and consuls; — to all cases of admiralty
and maritime jurisdiction;"'*— to controversies to which the United States shall
lie a party; — to controversies between two or more states; — between a state and
^^H^ f another state; — between citizens (jf difToront states; — between citizens
^Bp M« state; elaiijiing lands under grants of diflerent states, and between a
hiafT^ or the citizens thereof, and foreign states, citizens or subjects.*"^

lu all cjuiCK afletting andmssadors, other public ministers and consuls, and
thoHe iu which a state shall be party, the supreme court shall have original
j ■ "• I" 'dl tlie other cases before mentioned, the Kupreme court shall

1 . . ■ date juriwliction, both as to law and fact, with such exceptions, and

under such reguhitic^ns as the congress shall make."'*

The Irial of all crimes, except in cases of impeachment, shall be by jury; and
HUch trial shall be hehl iu the state where the said crimes shall have been corn-
ed) C^AtirnM raMiot confrr ;urt>MlrU<m np<>n rn-latr (c) Tlic riilatinnK of tlie federal nixl tttiite courts to

. . . .< I . . -rf. I . ,. ™ • #-1 ••■••h other (llwiiHFed. JolitiHon VH. Gordon, 4 Cal. 3(a-

MliiiHon r<TrJn VH. Coc.v.r, n ChI 17.1.

.11 mIiiiJ. (W) The Riiiirciiif court cannot exercise appellate
' no JurltKllitton ovf^r ftate courts. Johnson vs. Oordon,
I • -nl 4 Cal. 308; but Bce Ferns vs. Coover, 11 Cal. 170.

' .ir-

CONSTITUTION OF THE UNITED STATES. vi-vii

mitted; but when not committed witliiu any state, the trial shall bo at such
place or places as the congress may by ^a^v have directed. "" ^
Treason — Evidence — Punishmenf.

Sec. 3. Treason against the United States sQall consist onh' in levying war
against them, or in adhering, to tlueir enemies, ^ving them aid and comfort.
No person shall be convicted of treason unless on the testimony of two wit-
nesses to the same overt act, or on confession inVp^en court.

The cdliga-ess shall have power to declare the iK^ishmeut of treason, but no
attainder of treasoil- shall work conniption of bloocl, or iorfeiturp, except during
■ tJieJife of ^ the person attainted.

Aiite:LElv.

vii. Acts and records of states and their proof.

Section 1. Full faith awd credit shall be given in each state to the public acts,
records, and judicial proceedings of every other state. And the congress may
by general laws prescribe the manner in which such acts, records and proceed-
ings shall be proved, and the effect thereof.^""
Privileges of citizens. -<(

Sec. 2. The citizens of each state shall be^i^ntitled to all. privileges and im-
munities of citizens in the several stat^.^**^

A person charged in any state with treason, felony, or other crime, who shall
flee from justice, and be found in another state, shall, on demand of the exec-
utive authority of the state^rom which he fled, be delivered up, to be removed
to the state having jurisdiction of the crime. '°^

No person held to service or labor in one state, under the lasys thereof, escap-
ing into another, shall, in consequence of any law or regulation therein, be
discharged from such service or labor, but shall-be delivered up on claim of the
I^Darty to whom such service or labor may be due.'*^'

New states — Territories.

Sec. 3. New states may be admitted by the congress into this Union; but no

new state shall be formed or erected within the jurisdiction of any other state;

nor any state be formed by the junction of two or more states, or parts of

states, without the consent of the legislatures of the states concerned as well

^ as of the congress.

^ilie congress shall have jjower to dispose of and make all needful rules and
regulations respecting the territory or other property belonging to the United
States; and nothing in this constitution shall be so construed as to prejudice
any claims of the United States, or of any particular state. '^^ ^^_

Republican form of government. ^|H

Sec 4. The United States shall guarantee to every state in this Union a
republican form of government, and shall protect each of them against inva-
sion; and on application of the legislature, or of the executive (when the legis-
lature cannot be convened), against domestic violence.

(a) The record of a judgment in another state cerfi- a surrender; but the executive having acted, its dis-

fied in conformity with the act of congress, is admis- cretion may be inquired into by the courts. Ex parte

Bible in evidence in this state; but the legislature of P. B. Manchester, 5 Cal.237.

this state has power to require a less amount of i^roof . A law authorizing the arrest of a fugitive from jns-

Parke vs. Williams, 7 Cal. 247. tice before a demand for his surrender has been made,

(6) The revenue act of May 18. 185.3 (p^o^•iding for and his detention for a reasonable time to afford an

tax on consigned goods) , dots not violate this clause, opportunity for such demand, is not in conflict with

People vs. Coleman, i Cal. 46. this section. Ex parte Cubreth. 49 Cal. 436.

The right of transit through the state with slaves, (rf) The right of a slaveholder over slaves brought

what will save a forfeitiu-e, and "comity," discussed, to this state before the adoption of the constitution,

Ex parte Archy, 7 Cal. Ii7. and the police powers of the state over fugitive slaves,

(c) Our courts cannot control the executive disere- discussed. Ex parte Perkins, 2 Cal. 424.
tion in surrendering fugitives from justice, nor compel

viii-ix CONSTITUTION OF THE UNITED STATES.

ARTICLE V.

viii. Amendments.

The congress, whenever two thirds of both houses shall deem it necessary,
shall propose amendments to this constitution, or, on the application of the
lt'j,'i.slatures of two thirds of the several states, shall call a convention for pro-
posing amendments, which, in either case, shall be valid to all intents and
purposes, as part of this constitution, when ratified by the legislatures of three
fourths of tlie seveml states, or by conventions in three fourths thereof, as the
one or the other mode of ratification may be proposed by the congress; pro-
vided, that no amendment which may be made prior to the year one thousand
eight hundred and eight shall in any manner affect the first and fourth clauses
in the ninth section of the first article; and that no state, without its consent,
shall be depiived of its equal suffrage in the senate.

ARTICLE VI.

ix. Debts — Supreme laiv of land — No religious test.

A\\ debts contracted and engagements entered into, before the adoj^tion of
this constitution, shall be as valid against the United States under this con-
stitution, as under the confederation.

This constitution, and the laws of the United States which shall be made in
l)ursuance thereof; and all treaties made, or w^hich shall be made, under the
authority of the United States, shall be the sui:)reme law of the land; and the
judges in ever^- state shall he bound thereby, anything in the constitution or
laws of any state to the contrary notwithstanding.

The senators and representatives before mentioned, and tlie members of the
several state legislatures, and all executive and judicial officers, both of the
Uuitetl States and of the several states, shall be bound by oath or affirmation
to Kujiport this constitution; but no religious test shall ever be requii-ed as a
ciualifjcation to any office or public trust under the United States.

ARTICLE VII.

RATIFICATION OF CONSTITUTION.

J,itti'(- ■ihou.

The ratification of the conventions of nine states, shall be sufficient for the
estabUhhujeut of this constitution between the states so ratifying the same.

Done in convention, l)y tlie unanimous consent of the states present, the
M'vent^enth day of September, in the year of our Lord one thousand seven
lnindre<l and eighty-seven, and of the independence of the United States of
Amcri.-a the twelfth. In witness whereof, we have hereunto subscribed our
imtm-H.

Geo. Washington,
President, and Deputy from Virginia.

M',

CONSTITUTION OF THE UNITED STATES.

New Hampshire.
John Langdon,
Nicholas Oilman.

Massachusetts.
Nathaniel Goeham,
Eupus King.

Connedicrd.
William Samuel Johnson,
Roger Sheeman.

Delaware.
George Eead,
Gunning Bedford, Jr.,
John Dickinson,
Richard Bassett,
Jacob Broom.

Maryland.
James M'Henry,
Daniel, of St. The. Jenifer,
Daniel Carroll.

NexD York.
Alexander Hamilton,

New Jersey.
William Livingston,
I^AViD Brearley,
William Paterson,
Jonathan Dayton.

Virginia.
John Blair,
James Madison, Jr.

North Carolina.
William Blount,
Richard Dobbs Spaight,
Hugh Williamson,

Pennsylvania.
Benjamin Franklin,
Thomas Mifflin,
Robert Morris,
George Clymer,
Thomas Fitzsimons,
Jared Ingersoll,
James Wilson,
Gouverneur Morris.

South Carolina.
John Eutledge,
Charles C. Pinckney,
Charles Pinckney,
Pierce Butler.

Georgia.
William Few,
Abraham Baldwin.

Attest ,

William Jackson, Secretary.

CONSTITUTION OF THE UNITED STATES.

^mcuDmcnb

TO THE COXSTITUTIOX OF THE UXITED STATES, KATII'IED ACCORDING TO THE PBO^aSIONS OF
THE FIFTH AKTICLE OF THE FOREGOING CONSTITUTION.

ARTICLE I.
X. Free exercise (>f religion, etc.

CuXGUESs sball make no law resi^ecting an estaLlislinient of religion, or pro-
hibiting the free exercise thereof; or abridging the freedom of speech or of the
press; or the right of the people peaceably to assemble, and to petition the
goveruujeut for a redress of grievances. {Amendment, 2:>ropo»ed 25th September,
178U; ratified loth December, 1701.

ARTICLE II.
Right to bear arms.

A well-regulated militia being necessaiy to the security of a free state, the
right of the people to keep and bear arms shTill not be infringed. [Amendmeni,
jjrujMj^ed 2oth September, 1789; ratified loth December, 1791.

ARTICLE III.
No soldier to be billeted, etc.

No soldier shall, in time of peace, be quartered in any house without the con-
seut of the owner, nor in time of war, but in a manner to be prescribed by law.
[Amendment, proposed 25th September, 1789; ratified 15l]i December, 1791,

ARTICLE IV.

Uurcaisonable searches jrrohibilcd.

The right of the people to be secure in their persons, houses, papers, and
fflecu, uguiuHt unreasonable searches and seizures, shall not be \iulated, and
no wurrunth hhall issue, but upon probable cause, supported by oath or aftirma-
tion, and particularly describing the i)lace to be searched, and the persons or
things to bo seized. [^Amendment, j/ropused 25th September, 1789; ratified 15th
December, 17U1,

ARTICLE V.
xi. Criminal prfpcfrdir.gn.

No peiTjon bhall be held to answer fur a capital, or otherwise infamous cvime,
uuIchH on a preHcntmcnt or indictment of a grand jury, except in cases arising
in the land or naval forccH, or in tlie militia, when in actual service in time of
war or i»iiblic danger; nor shall any jxrKon be subject for the same offense to
be twice put in jeopardy of life or liftilt; injr shall l>c compelled in any criminal
caise to be a wituehs against himself, nor be de^jrived of life, liberty, or prop-
erty, without due proccHM of law; nor shall private property be taken forjMiblic
use, without just compensation. {Amendment, proposed 25(]i September, 1789;
raiifi'd 15th December, 1791,

CONSTITUTION OF THE UNITED STATES. xi-xii

ARTICLE VI.

Mode of trial.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial juiy of the state and district wherein the crime
shall have been committed, which district shall have been previously ascertained
by law, and to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory process for obtain-
ing witnesses in his favor, and to have the assistance of counsel for his defense.
{Amendment^ l^'^'oposed 2olh September , 17S9j ratified l^th December, 1791.

ARTICLE VII.

HigJds of trial by jury.

In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a jury
shall be otherwise re-examined in any court of the United States, than accord-
ing to the rules of the common law. [Amendment, proposed 25th September,
17«9; ratified 15th December, 1791.

ARTICLE VIII,

Bails — Fines.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted. [Amendment, j^roposed 25ili September , 1789;
ratified 15th December, 1791,

ARTICLE IX.
Eights not enumeraied^

The enumeration in the constitution, of certain rights, shall not be construed
to deny or disparage others retained by the people, [Amendment, proposed 25th
September, 1789; I'alijied 15th December, 1791.

ARTICLE X.
xii. Potcers reserved.

The powers not delegated to the United States by the constitution, nor pro-
hibited by it to the states, are reserved to these states respectively, or to the
people, [Amendment, proposed 25th September, 1789; ratified 15th December, 1791.

ARTICLE XL

Limitation of judicial power.

The judicial power of the United States shall not be construed to extend to
any suit in law or equity commenced or prosecuted against one of the United
States by citizens of another state, or by citizens or subjects of any foreign state.
[Amendment, pi^oposed 5th March, 1794; raiified 8th January, 1798,

ARTICLE XII.

Election of president and vice-president.

The electors shall meet in their respective states, and vote by ballot for
president and vice-president, one of whom, at least, shall not be an inhabitant
of the same state with themselves; thej^ shall name in their ballots the person
voted for as president, and in distinct ballots the person voted for as vice-
president, and they shall make distinct lists of all persons voted for as presi-
dent, and of all persons voted for as vice-president, and of the number of votes
for each, which lists they shall sign and certify, and transmit sealed to the seat
of the government of the United States, directed to the president of the senate; —
the president of the senate shall, in presence of the senate and house of rep-

xii-xiii CONSTITUTION OF THE UNITED STATES,

resentiitives, open all the certificates, and the votes shall then be conntecT; —
the person havin^r the p^eatest nuuibev of Tote.s for president, shall be the presi-
dent, if such number be a majority of the whole number of electors appointed;:
and if no person have such majority, then from the persons having the highest
uiimbei-s, not exceeding three on the list of those voted for as president, the
house of representatives shall choose immediately, by ballot, the president.
But in choosing the president, the votes shall be taken by states, the repre-
sentation from each state having one vote; a quorum foi- this purpose shall
consist of a member or members from two thirds of the states, and a majority
of all the states shall bo necessaiy to a choice. And if the hotrse of representa-
tives shall not choose a president whenever the right of choice shall devolve
upon them, before the fourth day of March next following, then the vice-
president shall act as president, as in the case of the death or other constitu-
tional disability of the president.

The i>erson having the greatest number of votes as vice-president shall be the
vice-president, if such number be a majority of the whole number of elector*
apjtointed; and if no person have a majority, then from the two highest numbers-
tin the list, the senate shall choose the vice-president; a quorum for the piw-
pose shall consist of two thirds of the whole number of senators, and a majority
of the whole number shall be necessary to a choice.

But no person constitutional!}' ineligible to the office of president shall be
eligible to that of vice-president of the United States. [Amendment, jyroposed
12//i December, 1803; ratified TAli September , 1804.

ARTICLE XIII.
xiii. Slavenj prohihiled.

Sectios 1. Neither slaveiy nor involuntary servitude, except as a punishment^
for crime whereof the party shall have been duly convicted, shall exist within
the United States or any i)lace suljject to their jurisdiction.

Sec. 2. Congress shall have power to enforce this article by appropriate leg-
islation. [Amendment, proposed Isl Februanj, 1865; declared ratified ISih Decem-
ber, 18G5.

ARTICLE XIV.

Cilizt'tty, who are — Riffhlii of citizensJtip.

ShXTioN 1. All pei-sons bom or naturalized in the United States and subject
to the jurisdiction thereof are citizens of the United States and of the state
wherein they reside. No state shall make or enforce any law which shall.
iiiiiidge the jtrivilegos or immunities of citizens of the United States; nor shall
any Ktiit<; deprive any person of life, liberty or property without due process of
law, «'••• •!' "v to tiny person within its jurisdiction the equal protection of the

luWK."

Aj>j>oriionment of rrprenndnlion .

Sec. 2. KepreHentatives slmll be rqipovtionod among the several states accord-
inj? to their reK])ec-tive numbers, counting the whole number (jf persons in each
»*■' ' not taxed. But when the right to vote at any election

'"' ' • - f<^»i" president and vice-president of the United States,

repreocntatives in congress, the executive and judicial officers of a state, or the

:■ - X'TT^' •"^'■^^ ynUiV. f.rllS ft .tf.|. f - „, ,l.,]y. I'.yt),

•1 by all iTDMiDi •lilic. U»rd v«. H.x>a,

r.y till- fiinrtpiiith aiufndment the prlvilcgCR and im-
Tinuiitli-H ./f ritiziiiH of (li<; United States, ihenby eon-
t<rri-d. arc Knaruiiteed and protected in every state be-
\oi,j 111,. .i],<Tiition of Ftato lawn; lint the power of a
tit.tle ft) dt-tc-rniine tlie clntiK of inhabitants who may
voti- wlUilii li. r liniitu is not curtailed by the amend-
meut. \ an VHlkinburt; vh. Brown, ii Cal. 43.

C0:NSTITUTI0N of the united states. xiii

11161111)618 of the legislature thereof, is denied to any of the male inhabitants of
Buch state, being- twenty-one years of age and citizens of the United States, or
in any way abridged, except for participation in rebellion or other crime, the
basis of representation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number of male citizens
twenty-one years of age in such state.

Certain persons dmiualifu'd from holding office.

Sec. 3. N<) person shall be a senator or representative in congress, or elector
of president and vice-president, or hold any oflBce, civil or military, under the
United States or under any state, who, having previously taken an oath as a
member of congress, or as an officer of the United States, or as a member of
anj^ state legislature, or as an executive or judicial officer of any state, to sup-
port the constitution of the United States, shall have engaged in insurrection
■or rebelHou against the same, or given aid or comfort to the enemies thereof.
But congress may, by a vote of two thirds of each house, remove such disability.

Payment of piibUc debt not to he questioned — Rebel debts not to he assuvied.

Sec. 4. The validity of the public debt of the United States, authorized by
law, including debts inciu-red for payment of pensions and bounties for ser-
vices in suppressing insurrection or rebellion, shall not be c^uestioned. But
neither the United States nor any state shall assume or pay any debt or obliga-
tion inciuTcd in aid of iaisurrection or rebellion against the United States, or
any claim for the loss or emancipation of any slave; but all such debts, obliga-
tions, and claims shall be held illegal and void.

Sec. 5. The congress shall have power to enforce^ by api^roj^riate legislation,
the provisions of this article. [Amendment proposed 16lh June, IStiG; declared
ratified 28lh July, 1868.

ARTICLE XV.

Rigid of all citizens to vote.

Section L The right of citizens of the United States to vote shall not be
denied or abridged by the United States or by any state, on account of race,
«olor, or previous condition of servitude.'^'''

Sec. 2. The congress shall have power to enforce this ai-ticle by ajDpropriate
legislation. [Amendment, proposed 21th February, 1869; declared ratified 'SOUt
March, 1870.

(a) The fifteenth sniendment took away the authority condition of seiritude; bntthe power of exclusion upon
of the state to diseriniiuate against citizens of the Uui- all other grounds, including that of sex, remains intact,
ied Siates on accouzLt of either race, color or ijrevious Van VaJkenburg vs. Brown, iH Cal. 4a.

uicalij of iinuc. JricuD^ljip, iimib mb Settlement,

BETWEEN THE UNITED STATES OF AMERICA AND THE
MEXICAN REPUBLIC.

Dated at Guadaltipe Hidalgo, 2d February, IS48.
Ratijicd h]f the President U. S., IGih March, 1S4S.
Exchanged at Qucretaro, 30th May, 1S4S.
Proclaimed by the President U. S., 4th July, I84S.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA,

3. Pvoclamatioiu

xiv. "Whereas, a Treaty of Peace, Friendsliij), Limits and Settlement, be-
tween the United States of America and the Mexican Republic, was concluded
and si^^fncd at the city of Guadalupe Hidalgo, on the second day of Februaiy,
one thousand eight hundred and forty-eight, which treaty, as amended by the
Kenate of the United States, and being in the English and Spanish languages,
is word for word as follows: —

In the name of Almighty God : —

The United States of America and the United Mexican States, animated by a
sincere desire to put an end to the calamities of the war which unhappily exists
between the two Republics, and to establish upon a solid basis relations of
peace and fiiendship, which shall confer reciprocal benefits upon the citizens of
both, and assure the concord, harmony, and mutual confidence, wherein the
twi) jjcojjle should live, as good neighbors, have for that purpose appointed
their respective plenipotentiaries — that is to say, the pi-csident of the United
States has appointed Nicholas P. Trist, a citizen of the United States, and the
jiresident of the Mexican Repulilic has appointed Don Luis Gonzaga Cuevas,
Don Bernardo Couto, and Don Miguel Atristain, citizens of the said Republic,
wli<», after a reciprocal couniiuuication of their respective full powers, have,
undiT the ijrotection of Almighty God, the author of peace, an-anged, agreed
U])on, and signed the following

TI;r.A'l Y OF I'EACK. FllIENDSIlll', LIMITS AND SETTLEMENT, BETAVEEN THE
r SITED STATEB OF AMERICA AND THE MEXICAN KEPUBLIC.

ARTICLE I.
Pi-are.

There sliall lie firm and universal peace between the United States of America
and tlif Mcxiran It* public, and between tbeii* respective countries, teiritories,
riti( s. towns, ami jtcfijilr-, uifliout exception of places or persons.

ARTICLE II.
StPtpPTHfion of IioxiilUii'x.

Immediately ui)on tlie signature of this Treaty, a convention shall be entered

into between a commissioner or commissioners appointed by the general-in-chief

TKEATY OF GUADALUPE HIDALGO. xiv

of the forces of the United States, and such as may be appointed by the Mexican
government, to the end that a provisional suspension of hostilities shall take
place, and that, in the places occupied by the said f(n-ces, cionstitutional order
may be re-established, as regards the j)olitical, administrative, and jiidicial
branches, so far as this shall be permitted by the cii-cumstances of military
occupation.

ARTICLE III.

Raising blockades — Withdrawal nf (rooj>t<, etc.

Immediately upon the ratification of the present Treaty by the government of
the United States, orders shall be transmitted to the commanders of their land
and naval forces, requiring the latter (pro%'ided this Treaty shall then have
been ratified hj the government of the Mexican Republic, and the ratifications
exchanged) immediately to desist from blockading any Mexican ports; ;iud
requiring the former (under the same condition) to commence, at the earliest
moment practicable, withdrawing all troops of the United States then in the
interior of the Mexican Republic, to jioints that shall be selected by common
agreement, at a distance from the seaports not exceeding thirty leagues; and
such evacuation of the interior of the Republic shall be completed Avitli the
least possible delay; the Mexican government herebj^ binding itself to afford
eveiy facility in its power for rendering the same convenient to the troops, on
their march and in their new positions, and for promoting a good understanding
between them and the inhabitants. In like manner, orders shall be dispatched
to the persons in charge of the custom-houses at all the ports occupied by the
forces of the United States, requiring them (under the same condition) immedi-
ately to deliver possession of the same to the persons authoi-ized by the Mexican
government to receive it, together ^vith all bonds and evidences of debt for
duties on importations and on exportations, not yet fallen due. Moreover, a
faithful and exact account shall be made out, showing the entire amount of all
duties on imports and on exports, collected at such custom-houses or elsewhere
in Mexico, by authority of the United States, from and after the day of the rat-
ification of this Treaty by the government of the Mexican Republic; and also
an account of the cost of collection; and such entire amoimt, deducting only
the cost of collection, shall be delivered to the Mexican government, at the city
of Mexico, within three months after the exchange of ratifications.

The evacuation of the capital of the Mexican Republic b}' the troops of the
United States, in virtue of the above stipulation, shall be completed within one
month after the orders there stipulated for shall have been received b}- the
commander of said troops, or sooner, if i^ossible.

ARTICLE IV.

Besforalion of castles, forts, prisoners, etc.

Immediatelj'^ after the exchange of ratifications of the present Treaty, all
castles, forts, territories, places, and possessions, which have been taken or
occupied b^' the forces of the United States during the present war within the
limits of the Mexican Republic, as about to be established hy the following
article, shall be definitively restored to the said republic, together with all the
artillery, arms, apparatus of war, munitions, and other public property, whicli
were in the said castles and forts when captured, and which shall remain there
at the time when this Treaty shall be duly ratified by the government of the
Mexican Republic. To this end, immediately upon the signature of this Treaty,
orders shall be dispatched to the American officers commanding such castles
and forts, securing against the removal or destruction of any such artillery,
arms, apparatus of war, munitions, or other public property. The city of

XIV

TREATY OF GU.IDALUPE HIDALGO.

Mexico, within the inner line of intrenclimeuts suirounding the said city, is
comiu-eh ended in the above stipulations as regards the restoration of artilleiy,
apparatus of war, etc.

The tiual evacuation of the territory of the Mexican Eepuhlic, by the forces
of the United States, shall be completed in three months from the said exchange
of ratifications, or sooner, if possible: the Mexican government hereby engaging,
as in the foregoing article, to use all means in its power for facilitating such
evaL-uatiun, and rendering it convenient to the troops, and for promoting a
good understanding between them and the inhabitants.

If, however, the ratification of this Treaty by both parties should not take
place iu time to allow the embarkation of the troops of the United States to be
completed before the commencement of the sickly season, at the Mexican ports
on the Gulf of Mexico, iu such case a friendly arrangement shall be entered
into between the geueral-in-chief of the said troops and the Mexican govern-
ment, whereby healthy and otherwise suitable places, at a distance from the
ports not exceeding thirty leagues, shall be designated for the residence of such
troojis as may not yet have embarked, until the return of the healthy season.
And the space of time here referred to as comprehending the sickly season,
shall be understood to extend from the first day of May to the first day of
November.

All prisouei-s of war taken on either side, on land or on sea, shall be restored
as soon as practicable after the exchange of ratifications of this Treaty. It is
also agreed that if any Mexicans should now be held as captives by any savage
tribe within the limits of the United States, as about to be established by the
following article, the government of the said United States will exact the release
of such captives, and cause them to be restored to their country.

AETICLE V.
Boundary-line.

The boundary -line between the two republics shall commence in the Gulf of
Mexico, three leagues from land, opposite the mouth of the Rio Grande, other-
wise called Rio Bravo del Norte, or opposite the mouth of its deepest branch,
if it should have more than one branch emptying directly into the sea; from
theuce up the middle of that river, following the deepest channel, where it has
more than one, to the point where it strikes the southern boundary of New
Mexico; theuce, westwardly, along the whole southern boundary of New Mexico
(whi«-h runs north of the town called Paso) to its western termination; thence,
ijoilhwurd, along the western line of New Mexico, until it intersects the first
brunch of the river Gila (or, if it should not intersect any branch of that river,
then to the point on the said line nearest to such branch, and thence in a direct
line Ui the samiO; theuce down the middle of the said branch and of the said river,
until it eniplieh int.j the Rio Colorado; thence across the Rio Colorado, following
llie diviwiou line; between Ujtper and Lower California, to the Pacific Ocean.

The Bouthern and western limits of New Mexico, mentioned in this article,
are those laid down in the maj) entitled "Map of the United IMexican States, as
organizwl and defined by various acts of the Congi-ess of said Republic, and
constructed according t<i the best Authorities. Revised edition. Published at
Now York, in 1«47, by J. Disturnell." Of which map a cojiy is added to this
Treaty, bearing the Kignatures and seals of the undei-signed plenipotentiaiies.
And. in order to preclude all difliculty in tracing ui)on the gi-ound the limit
separating l.'pper from Lower California, it is agreed that the said limit shall
consist of a htraight line «lniwn from the middle of the Rio Gila, Avhere it
unitcH with tlie Colorado, to a point on the coast of the Pacific Ocean distant
one marine league due Houth of the southernmost point of the port of San

TEEATY OF GUADALUPE HIDALGO. xiv

Diego, according- to the plan of said port made in the year 1782 by Don Juan
Pantoja, second sailing-master of the Spanish fleet, and published at ^Madrid in
the year 1802, in the atlas to the voyage of the schooners Sutil and Mexicmm,
of which plan a copy is hereunto added, signed and sealed by the respective
plenipotentiaries.

In order to designate the boundary-line with due precision, upon authorita-
tive maps, and to establish upon the ground landmarks which shall show the
limits of both republics, as described in the present article, the two govern-
ments shall each appoint a commissioner and a surveyor, who, before the expi-
ration of one year from the date of the exchange of ratilications of this treaty,
shall meet at the port of San Diego, and proceed to run and mark the said
boundary in its whole course to the mouth of the Rio Bravo del Norte. They
shall keep journals and make out plans of their operations; and the result
agreed upon by them shall be deemed a part of this treaty, and shall have the
same force as if it were inserted therein. The two governments will amicably
agree regarding what may be necessary to these persons, and also as to their
respective egcorts, should such be necessary.

The boundary -line established by this article shall be religiously respected by-
each of the two republics, and no change shall ever be made therein, except by
the express and free consent of both nations, lawfully given by the general
government of each, in conformity with its own constitution.

ARTICLE VI.

Navigation of Gulf of California and Colorado Eiver.

The vessels and citizens of the United States shall, in all time, have a free
and uninterrupted passage by the gulf of California, and by the river Colorado
below its confluence with the Gila, to and from their possessions situated north
of the boundary-line defined in the preceding article; it being understood that
this passage is to be by na^dgatiug the gulf of California and the river Colo-
rado, and not by land, without the express consent of the Mexican government.

If, by the examinations which may be made, it should be ascertained to be
practicable and advantageous to construct a road, canal, or railway, which
should in w^hole or part run upon the river Gila, or upon its right or its left
bank, within the space of one marine league from either margin of the river,
the governments of both republics will form an agreement regarding its con-
struction, in order that it may serve equally for the use and advantage of both
countries.

ARTICLE VII.

Navigation of Gila Eiver and Bio Bravo del Norte.

The river Gila, and the part of the Rio Bravo del Norte lying below the
southern boundary of New Mexico, being, agreeably to the Fifth Article, divided
in the middle between the two republics, the navigation of the Gila and of the
Bravo below said boundary shall be free and common to the vessels and citi-
zens of both countries; and neither shall, withovit the consent of the other,
construct any work that may impede or interrupt, in whole or in part, the exer-
cise of this right; not even for the purpose of favoring new methods of naviga-
tion. Nor shall any tax or contribution, under any denomination or title, be
levied upon vessels or persons navigating the same, or upon merchandise or
effects transported thereon, except in the case of landing upon one of their
shores. If, for the purjjose of making the said rivers navigable, or for main-
taining them in such state, it should be necessary or advantageous to establish
any tax or contribution, this shall not be done without the consent of both
governments.

XIV

TREATY OF OrADALUPE HIDALGO.

The stipulations contained in the present article shall not impair the teni-
torial rifj'hts of either republic within its established limits.

ARTICLE VIII.

Privileges of Mexicans — Citizeushi]) — Properly of non-resident Mexicans.

^lexicaus now established in territories pre-viously belonging to IVIexico, and
which remain for the future within the limits of the United States, as defined
by the present treaty, shall be free to continue where they now reside, or to
remove at any time to the Mexican Republic, retaining the projDerty which they
possess in the said territories, or disposing thereof, and removing the proceeds
wherever they please, without their being subjected, on this account, to any
contribution, tax, or charge whatever.

Those who shall prefer to remain in the said territories, may either retain
the title and rights of Mexican citizens, or acquire those of citizens of the
United States. But they shall be under the obligation to make their election
within one year from the date of the exchange of ratifications of this treaty;
and those who shall remain in the said territories after the expiration of that
year, without having declared their intention to retain the character of
Mexicans,'*' shall be considered to have elected to become citizens of the
United States.

In the said territories, property of every kind, now belonging to Mexicans
not estabhshed there, shall be inviolably res2:)ected. The present owners, the
heirs of these, and all Mexicans who may hereafter acquire said jiroperty by
contract, shall enjoy, with respect to it, guarantees equally ample as if the same
belonged to citizens of the United States.^"'

ARTICLE IX.

Admi.<sinn of Mexicans to citizenship in the United States.

The Mexicans who, in the territories aforesaid, shall not preserve the char-
acter of citizens of the Mexican Republic, conformably with what is stij)ulated
in the preceding article, shall be incoi^Dorated into the Union of the United
State's, and be admitted at tlie proper time (to be judged of by the congress of
the Liiited States) to the enjoyment of all the rights of citizens of the United
States according to the i^rincii^les of the constitution; and in the meantime
Hliall be maintained' and protected in the free enjoyment of their liberty and
ljro].fcrty, and secured in the free exercise of their religion without restriction.

ARTICLE X.

[Stricken out.]

ARTICLE XL

Jnifirf-inus nf' ynvoffcs into Mexican territory.

ConKJ.lering tliat a great part of tlie territories which, by the present Treaty,
arc to be comprehended for tlic fuiurc witliiu the limits of the United States, is

(a) Tbr*«i who h»T<> (liylarf-d mirh intention stlU When California -was ceded to the United States, the

rMn.Ki «!(. r>« •!.■■! for.-l«nerN. I'toj.k- vb. Naglio. 1 Cal. rl(,'htB cf property "f its citizens remained unchanged.

n.v the law of niitinnB thoHc rights wen- Kscrcd and in-

'.f land by the Mpxlcin Rovcmor, violulil.:, and tli.' (.bligiitioii passed to tlic now g.ivern-

■ ».v fhr ^mnK-n «lth the further nient to protect and tiiaintain them. The term prop-

• f'irinKhut anliichinte erty as applied to lands embraces all titles lef,'al or

' ri.lli'.l St»ti-K. »hii-h efpiitiilde, perfect or imperfect. Teschemacher vs.

' "• '1 liy the Tn-aty and Tlionipsoii, IH Cal. 12.

"f "'Ih trust ia Mexican grants are leRal titles, and most of them,

■■ . -y l" H"t '•onipe- wheii nnitcd to possession, are such equitable titles as

,1 ►.<• Fi-rrls VB. are entitled t j.roiection and give a liKht to a posses-

i'> ..1. ..-.. ►.. » ». 1...M ihClarke, IH Cal. gory action. I.atlirop vs. Mills, 1!) Cal. .'^pi:).

,,,,.,.,, ... The provisions ol the trc'aty of Guadalupe Hidalgo

vni.lifyof Mniran (rranU of Und In r»l|f.>nila operat.-d as a confirmation in preseidi of all perfect

■ „T"'.?"''U''^,"'"J''^" '•**"• I'':Vander. tltl.H to lands in California held under Spanish or

f 1 •. ». uaniw, J cai. 27, 47 , I- errla v«. Coovcr, 10 C«l. Mexican grantH. Miuturn vs. Brewer, 21 Cal. 044.

TKEATY OF GUADALUPE HIDALGO. xiv

now occupied by savage tribes, who will hereafter be under the exclusive con-
trol of the government of the United States, and whose incursions within the
territory of Mexico would be prejudicial in the extreme, it is solemnly agreed
that all such incursions shall be forcibly restrained by the Government of the
United States whensoever this may be necessary; and that, when they cannot
be prevented, they shall be punished by the said government, and satisfaction
for the same shall be exacted— all in the same way, and with equal diligence
and energy, as if the same incursions were meditated or committed within its
own territory against its own citizens.

It shall not be lawful, under any pretext whatever, for any inhabitant of the
United States to purchase or acquire any Mexican, or any foreigner residing in
Mexico, who may have been captured by Indians inhabiting the territory of
either of the two republics, nor to purchase or acquire horses, mules, cattle, or
property of any kind, stolen within Mexican territory by such Indians.

And in the event of any person or persons, captured within Mexican territory
by Indians, being carried into the territory of the United States, the govern-
ment of the latter engages and binds itself in the most solemn manner, so soon
as it shall know of such captives being within its territory, and shall be able so
to do, through the faithful exercise of its influence and power, to rescue them,
and return them to their country, or deliver them to the agent or representative
of the Mexican government. The Mexican authorities will, as far as practi-
cable, give to the government of the United States notice of such captures; and
its agent shall pay the expenses incurred in the maintenance and transmission
of the rescued captives; who, in the meantime, shall be treated with the utmost
hospitality by the American authorities at the place where they may be. But if
the government of the United States, before receiving such notice from Mexico,
should obtain intelligence, through any other channel, of the existence of
Mexican captives within its territory, it will proceed forthwith to effect their
release and delivery to the Mexican agent as above stipulated.

For the purpose of giving to these stipulations the fullest possible efficacy,
thereby affording the security and redress demanded by their true spirit and
intent, the government of the United States will now and hereafter pass, with-
out unnecessary delay, and always vigilantly enforce, svich laws as the nature
of the subject may require. And finally, the sacredness of this obligation shall
never be lost sight of by the said government when pi'oviding for the removal
of the Indians from any jDortion of the said territories, or for its being settled
by citizens of the United States; but, on the contrary, special care shall then
be taken not to place its Indian occupants under the necessity of seeking new
homes, by committing those invasions which the United States have solemnly
obliged themselves to restrain.

ARTICLE XII.

Fifteen million dollars to he paid to Mexico.

In consideration of the extension acquired by the boundaries of the United
States, as defined in the Fifth Article of the present Treaty, the government of
the United States engages to pay to that of the Mexican Republic the sum of
fifteen millions of dollars.

Installments of payment — Interest on deferred payments.

Immediately after this Treaty shall have been duly ratified by the govern-
ment of the Mexican Republic, the sum of three millions of dollars shall be
paid to the said government by that of the United States, at the city of Mexico,
in gold or silver coin of Mexico. The remaining twelve millions of dollars
shall be paid at the same place, and in the same coin, in annual installments of

siv TREATY OF GUADALrPE HIDALGO.

tliree millions of doUai-s each, tooetlier with interest on the same at the rate of
six per centum i)er auuuni. This interest shall begin to run upon tlie whole
sum of twelve millions from the day of the ratification of the present Treaty by
the Mexican govemment, and the first of the installments shall be paid at the
expiration of one year from the same day. Together with each annual install-
ment, as it falls due, the whole interest accruing 'on such installment from the
beginning shall also be paid.

ARTICLE XIII.

Asstu)i]>(tun by United Slates of claims against llexico.

The Uuit4:'d States engage, moreover, to assume and paj' to the claimants all
the amounts now due them, and those hereafter to become due, b}' reason of
the claims already liquidated, and decided against the Mexican Republic, under
the conventions between the two republics severally concluded on the eleventh
day of April, eighteen hundred and thirty-nine, and on the thirtieth day of
January, eighteen hundred and fortj'-three; so that the Mexican Republic shall
be absolutely exempt for the future from all expenses whatever on account of
the Siiid chiims.

ARTICLE XIV.
Disclianie of claims of American citizens against Mexico.

The United States do furthermore discharge the Mexican Republic from all
claims of citizens of the United States, not heretofore decided against the
Mexican government, which may have arisen previously to the date of the sig-
nature of this Treaty; which discharge shall be final and perpetual, whether the
»»aid claims be rejected or be allowed by the board of commissioners provided
for in the following article, and whatever shall be the total amount of those
alloweil.

ARTICLE XV.
Satij</aclion of claims.

The United States, exonei'ating Mexico from all demands on account of the
claims of their citizens mentioned in the preceding article, and considering them
entirely aud forever canceled, whatever their amount may be, undertake to
make satisfaction for the same, to an amount not exceeding three and one
quarter millions of dollars. To ascertain the validity and amount of those
claims, a board of commissioners shall be established by the government of the
Lnittd States, whose awards shall be final and conclusive; provided that, in
deciding upon the validity of each claim, the board sliall be guided and gov-
erned Ijy the princi2)los and rules of decision prescribed by the first and fifth
articles of the unratified conveutioii, concluded at the city of Mexico on the
twentieth day of November, one thousand eight hundred and forty-thi'ee; and
in uo case shall an award be made in favor of any claim not embraced by these
liriucijjloH and rules.

If, in tlie ojjinion of the said board of commissioners, or of the claimants, any
iKjokx, roc<jrdH, or documents in the possession or power of the government of
the Mexican Republic, shall be deemed necessary to the just decision of any
cluini, the cumniissionei-K, or the claimants through them, shall, within such
jHTiod jiH congresK may designate, make an application in writing for the same,
addresHc.l to the Mexican minister for foreign aftairs, to be transmitted by the
hccrelun- of utiiU: of the United States; and the Mexican government engages,
at the earliest possible moment after the receipt of such demand, to cause any
uf the Ixwks, records, or documents, so specified, which shall be in their pos-
session or power (or authenticated copies or extracts of the same), to be trans-
mittal to tlie said Hecretan- r»f state, who sliall immediately deliver them over
to the said board of commishioners; provided, that no such application shall be

TREATY OF GUADALUPE HIDALGO. xir

made by, or at the instance of, any claimant, until tlie facts which it is expected
to prove by such books, records, or documents, shall have been stated under
oath or affirmation.

ARTICLE XYI.

Fortifica (ion .9 for s^cc itr it)/ .

Each of the contractiiif^f parties reserves to itself the entire lig'ht to fortify
whatever i:)oint Avithin its territoiy it may judge proper so to fortify, for its
security.

ARTICLE XVII.

Treaty of amity, commerce and navigation.

The Treaty of amity, commerce and navigation, concluded at the city of
Mexico on the fifth day of April, a. 0. 1831, between the United States of
America and the United Mexican States, except the additional article, and
except so far as the stipulations of the said Treaty may be incompatible with
any stipulation contained in the present Treaty, is hereby re^dved for the period
of eight years from the day of the exchange of ratifications of this Treaty, with
the same force and vii'tue as if incorporated therein; it being understood that
each of the contracting parties reserves to itself the right, at any time after the
said period of eight years shall have expired, to terminate the same by giving
one year's notice of such intention to the other party.

ARTICLE XVIII.

Supplies for American troops j^revious to evacuation.

All supplies whatever, for troops of the United States in Mexico, arriving at
ports in the occupation of such troops previous to the final evacuation thereof,
although subsequently to the restoration of the custom-houses at such ports,
shall be entirely exempt from duties and charges of any kind; the government
of the United States hereby engaging and pledging its faith to establish, and
vigilantly to enforce all possible guards for securing the revenue of Mexico, by
preventing the importation, under cover of this stipulation, of any articles other
than such, both in kind and quantity, as shall really be wanted for the use and
consumi")tion of the forces of the United States during the time they may
remain in Mexico. To this end, it shall be the duty of all oj0ficers and agents
of the United States to denounce to the Mexican authorities at the respective
ports any attempts at a fraudulent abuse of this stipulation which they may
know of or may have reason to suspect, and to give to such authorities all the
aid in their power with regard thereto; and eveiy such attempt, when duly
proved and established by sentence of a competent tribunal, shall be punished
by the confiscation of the property so attempted to be fraudulently introduced.

ARTICLE XIX.

Bides of importation into Mexican ports.

With respect to all merchandise, effects, and property whatsoever, imported
into ports of Mexico whilst in the occupation of the forces of the United States,
whether by citizens of either republic, or by citizens or subjects of any neutral
nation, the following rules shall be observed : —

1. All such merchandise, effects, and property, if imported previoiisly to the
restoration of the custom-houses to the ^Mexican authorities, as stipulated for
in the Third Article of this Treaty, shall be exempt from confiscation, although
the importation of the same be prohibited by the Mexican tariff.

2. The same jjerfect exemption shall be enjoyed by all such merchandise,
effects, and property, imported subsequently to the restoration of the custom-

xiv TREATY OF GUADALUPE HIDALGO.

houses, and previously to the sixty days fixed in the following article for the
comiu!,' into force of the Mexican tariff at such ports respectively; the said
merchandise, effects, and property beiug, however, at the time of their impor-
tation, subject to the payment of duties, as provided for in the said following
article.

3. All merchandise, effects, and property described in the two rules foregoing
shall, during their continuance at the place of importation, and upon their leav-
ing such place for the interior, be exempt from all duty, tax, or impost of every
kind, vinder whatsoever title or denomination. Nor shall they be there subjected
to any charge whatsoever upon the sale thereof.

4. All merchandise, effects, and property described in the first and second
rules, which shall have l)een removed to any place in the interior whilst such
place was in the occupation of the forces of the United States, shall, during
their continuance therein, be exempt from all tax ujDon the sale or consumption
thereof, and from every kind of impost or contribution, under whatsoever title
or denomination.

o. But if any merchandise, effects, or property described in the first and second
rules, shall be removed to any place not occupied at the time by the forces of
the United States, they shall, upon their introduction into such place, or upon
their sale Or consumption there, be subject to the same duties which, under the
Mexican laws, they would be required to pay in such cases if they had been im-
ported in time of peace, through the maritime custom-houses, and had there
paid the duties conformably with the Mexican tariff".

G. The owners of all merchandise, effects, or property described in the first
and second rules, and existing in an}' jDort of Mexico, shall have the right to
reship the same, exempt from all tax, impost, or contribution whatever.

With respect to the metals, or other property, exported from anj Mexican
jiort whilst in the occupation of the forces of the United States, and joreviously
to the restoration of the custom-house of such port, no person shall be required
by the Mexican authoi'ities, whether general or state, to pay any tax, duty, or
contribution upon any such exportation, or in any manner to account for the
same to the said authorities.

ARTICLE XX.

Certain proprrty fo he admiltcd to entry.

Tlirough consideration for the interests of commerce generally, it is agreed,
that if less than sixty days should elapse between the date of the signature of
this Treaty and the i-estoration of the custom-houses conformably with the stij)-
ulation in the third article, in such case all merchandise, effects, and property
whutis(»ever, arriving at the Mexican ports after the restoration of the said cus-
tom-housoK, and previously to the expiration of sixty days after the day of the
Hignature of tliis Treaty, shall be admitted to entry; and no other duties shall be
levied thereon than the duties established by the tariff found in force at such
cuKtom-liouhcs at the time of the restoration of the same. And to all such mer-
chandise, effects, and i)roperty, the rules established by the preceding articles
Khali apply.

AUTiCLE XXI.
Future dimijreemi'nt — A rhitrnl'mn .

If tiiiha]ti»ily any disagrccnicnt should hereafter anse between the govern-
mentH of the two rejjublics, whether with respect to the intei-jiretation of any
stipulation in this Treaty, or with res])ect to any other particular concerning the
political or comnierrial relations of tlie two nations, the said governments, in
the name of those nations, do promise to each other that they will endeavor, in

TKEATY OF GUADALUPE HIDALGO. xiv

the most sincere and earnest manner, to settle tlie differences so arising, and to
preserve the state of joeace and friendship in which the two countries are now
phicing- themselves; using, for this end, mutual representations and pacific nego-
tiations. And if, by these means, they should not be enabled to come to an
agreement, a resort shall not, on this account, be had to reprisals, aggression,
or hostility of any kind, by the one republic against the other, until the govern-
ment of that which deems itself aggrieved shall have maturely considered, in
the spirit of peace and good neighborship, whether it would not be better that
such difference should be settled by the arbitration of commissioners appointed
on each side, or by that of a friendly nation. And should such course be pro-
posed by either party, it shall be acceded to by the other, unless deemed by it
altogether incompatible with the nature of the difference, or the circumstances
of the case,

ARTICLE XXII.

War — Private jiroperty — Bespect for churches, etc. — Prisoners of war.

If (which is not to be expected, and which God forbid!) war should unhappily
break out between the two republics, they do now, with a view to such calamity,
solemnly pledge themselves to each other and to the world, to observe the fol-
lowing rules, absolutely, where the nature of the subject permits, and as closely
as possible in all cases where such absolute observance shall be impossible:

1. The merchants of either republic then residing in the other shall be allowed
to remain twelve months (for those dwelling in the interior), and six months
(for those dwelling at the seaports), to collect their debts and settle their affairs;
during which periods they shall enjoy the same protection and be on the same
foothig, in all respects, as the citizens or subjects of the most friendly nations;
and, at the expiration thereof, or at any time before, they shall have full liberty
to depart, carrying off" all their effects Avithout molestation or hindrance; con-
forming therein to the same laws which the citizens or subjects of the most
friendly nations are required to conform to. Upon the entrance of the armies
of either nation into the territories of the other, women and children, ecclesias-
tics, scholars of every faculty, cultivators of the earth, merchants, artisans,
manufacturers, and fishermen, unarmed and inhabiting unfortified towns, vil-
lages, or places, and in general all persons whose occupations are for the com-
mon subsistence and benefit of mankind, shall be allowed to continue their
resi)ective employments unmolested in their persons. Nor shall their houses or
goods be burnt or otherwise destroyed, nor their cattle taken, nor their fields
wasted, by the armed force into whose power, by the events of war, they may
happen to fall; but if the necessity arise to take anything from them for the use
of such armed force, the same shall be paid for at an equitable price. All
churches, hospitals, schools, colleges, libraries, and other establishments, for
charitable and beneficent pm-poses, shall be respected, and all persons connected
with the same protected in the discharge of their duties and the pursuit of their
vocations.

2. In order that the fate of prisoners of war may be alleviated, all such prac-
tices as those of sending them into distant, inclement, or unwholesome districts,
or crowding them into close and noxious places, shall be studiously avoided.
They shall not be confined in dungeons, prison-ships, or prisons; nor be put in
irons, or bound, or otherwise restrained in the use of their limbs. The officers
shall enjoy liberty on their paroles, within convenient districts, and have com-
fortable quarters; and the common soldiers shall be disposed in cantonments,
open and extensive enough for air and exercise, and lodged in barracks as roomy
and good as are provided by the party in whose power they are, for its own
troops. But if any officer shall break his parole by leaving the district so as-

siv TREATY OF GrADALUPE HIDALGO.

signed him, or any other prisoner shall escape from the limits of his cantonment,
after they shall have been designated to him, such individual, officer or other
prisoner, shall forfeit so much of the benefit of this article as pro\ddes for his
liV)ei-ty on parole or in cantonment. And if any officer so breaking his parole,
or any common soldier so escaping from the limits assigned him, shall after-
wai-ds be found in arms, previously to his being regularly exchanged, the per-
son so olTending shall be dealt with according to the established laws of war.
The officei-s shall l>e daily furnished by the party in whose power they are, with
as many rations, and of the same articles, as are allowed, either in kind or by
commutation, to otficei-s of equal rank in its own army; and all others shall be
daily furnished with such ration as is allowed to a common soldier in its own
service: the value of all which supplies shall, at the close of the war, or at peri-
ods to 1)e agreed upon between the resj^ective commanders, be paid by the other
pai-ty, on a mutual adjustment of accounts for the subsistence of prisoners; and
such accounts shall not be mingled with or set off against any other?, nor the
Ixilance due on them be withheld, as a compensation or reprisal for any cause what-
ever, real or pretended. Each party shall be allowed to keep a commissaiy of
prisoners, apjjoiuted by itself, with eveiy cantonment of prisoners, in possession
of the other; which commissary shall see the prisoners as often as he pleases;
shall be allowed to receive, exemj)t from all duties or taxes, and to distribute,
whatever comforts may be sent to them by their friends; and shall be free to
transmit his reports in ojien letters to the party by whom he is employed.

And it is declared that neither the pretense that war dissolves all treaties, nor
any other whatever, shall be considered as annulling or suspending the solemn
covenant contained in this article. On the contrary, the state of war is precisely
that for which it is provided; and during which its stipulations are to be as
sacredly obsei'ved as the most acknowledged obligations under the law of nature
or nations.

AETICLE XXIII.
Ratificniion of Irenly.

This Treaty shall be ratified by the president of the United States of America,
by and with the ad^^ce and consent of the senate thereof; and by the president of
the Mexican Republic, with the previous approbation of its general congress; and
the ratifications shall be exchanged in the city of Washington, or at the seat of
{,'overnmcnt of ^lexico, in four months from the date of the signature hereof,
or sooner if practicable.

In faith whereof, we, the respective plenipotentiaines, have signed this Treaty
of \K'ixv('. friendship, limits, and settlement; and have hereunto affixed our seals
respectively. Done in quintuplicate, at the city of Guadalupe Hidalgo, on the
second day of Februar}-, in the year of our Lord one thousand eight hundred
and forty-eight.

N. P. Trist. [l. s.l

Luis G. CUEVAS. [l. s.]
Bernardo Couto. |i.. s.]
MiGL. Atristax. [l. S.J

And wherea« the said Treaty, as amended, has been duly ratified on both
partH, and the respective ratifications of the same were exchanged at Queretaro
on the tliirtieth day of May last, by Ambrose H. Sevier and Nathan Clifford,
ronuiiiHsicnjci-H on iho i)art of the goveniment of the United States, and by
Sefior Df>n Luis de \n Rosa, minister of relations of the Mexican Republic, on
the part of that goveniment :

Now, tlierefore, Ix; it known, that I, James K. Polk, President of the United
States of ^Vouerica, have caused the said Treaty ^to be made public, to the end

TREATY OF GUADALUPE HIDALGO. xiv-xv

that the same and every clause and article thereof may he ohservcd and fidlillod
%Yith good faith by the United States and the citizens thereof.

In witness whereof, I have hereunto set my hand and caused the seal of the
United States to be affixed.

Done at the city of Washington, this fourth day of July, one thousand
[l. s.] eight hundred and forty-eight, and of the Independence of the
United States the seventv-third.

JA^IES K. POLK.
By the President:

James Buchanan, Secretary of State.

3^rtidc0 xtkxxth to in tl)c Jifteeiitlj ^rtjdc of tljc

iUtrci^ing orratij.

EIRST AND FIFTH ARTICLES OF THE UNRATIFIED CONVENTION
BETWEEN THE UNITED STATES AND THE MEXICAN REPUB-
LIC, OF THE 20th NOVEMBER, 1843.

ARTICLE I.
XV. Commissioners of claims.

All claims of citizens of the Mexican Republic against the government of the
United States, which shall be presented in the manner and time hereinafter ex-
pressed, and all claims of citizens of the United States agains-t the government
of the Mexican Republic, whi(;h for whatever cause were not submitted to, nor
considered nor linally decided by, the commission, nor by the arbiter appointed
by the convention of 1839, and which shall be presented in the manner and
time hereinafter specified, shall be referred to four commissioners, who shall
form a board, and shall be a2)pointed in the following manner, that is to say:
Two commissioners shall be appointed by the president of the Mexican Repub-
lic, and the other two by the president of the United States, with the approbation
and consent of the senate. The said commissioners, thus ajipointed, shall, in
the presence of each other, take an oath to examine and decide impartially the
claims submitted to them, and Avhich may lawfully be considered, according to
the proofs which shall be presented, the jirincijjles of right and justice, the law
of nations, and the treaties between the two republics.

ARTICLE V.

Umpire.

All claims of citizens of the United States against the government of the Mex-
ican Republic, which were considered by the commissioners, and refeiTcd to the
umpire appointed under the convention of the eleventh April, 1839, and which
were not decided by him, shall be referred to, and decided by, the umpire to
be ai^pointed, as provided by this convention, on the points submitted to the
f mpire under the late convention, and his decision shall be final and conclusive.
It is also agreed that, if the respective commissioners shall deem it expedient,
they may submit to the said arbiter new arguments upon the said claims.
3 33

iirocliiiiialioiio to tl)c ilco^ilc of (Talifonna.

jJvaclamatioUt

CALLINCi A CONVENTION TO FORM A STATE CONSTITUTION FOR

CALIFORNIA.

xvi. Character of General Riley's adminMrafion — Mexican laws in force — Con-
vention for State Constitution.

Congress lla^ing failed, at its recent session, to iDrovide a new g-overament for
this fountiy, to replace that which existed on the annexation of California to
the United States, the undersigned would call attention to the means which he
deems Ijest calculated to avoid the embaiTassments of our present position.

The undersigned, in accordance with instructions from the secretary of war,
has assumed the administration of ciA'il affairs in California, not as a militaiy
governor, but as the executive of the existing civil government. In the absence
of a properly appointed civil governor, the coinnianding* officer of the depart-
ment is, by the laws of California, ex officio civil governor of the countiy, and
the instnictious from "Washington were based on the provisions of these laws.
This subject has been misrepresented, or at least misconceived, and currency
ffiven to the impression that the government of the countiy is still military.
Such is not the fact. The military government ended with the war, and what
remaiiiK is the civil government recognized in the existing laws of California.
Although the command of the troops in this department, and the administration
of civil ufl'aii-s in Califcn-nia, are, by the existing laws of the country, and the
instructions of the president of the United States, temporarily lodged in the
huinls of the same individual, they are separate and distinct. No military
oflicer, otlier than the comnumding general of the department, exercises any
civil authority by virtue of his military commission, and the powers of the com-
manding g«nera], as ex officio governor, are only such as are defined and recog-
nized in the existing laws. The instructions of the secretaiy of war make it the
duty of all military officers to recognize the existing civil government, and to
aid itK officei-H with the military f(jrce under their control. Beyond this, any
interference in not only uncalled for, l)ut strictly forl)idden.

Tli<- laws of Ciilifornia, not inconsistent with the laAVS, constitution, and
treaties of the United States, are still in fcn-ce, and must continue in force until
changed by competent authority. Whatever may be thought of the right of the
peoph' to temporarily replace tlie officers of the existing government by others
apjioiiited by a provisional territorial legislature, there can be no (question that
the existing laws of the conntrv must continue in force till replaced by others
made and enacted by competent power. That power, by the treaty of peace, as
well n« from the nature of the case, is vested in congiess. The situation of
California, in this respect, is very different from Ihid of Oregon. The latter

PKOCLAMATIONS TO THE PEOPLE OF CALIFORNIA. xvi

vras Avitliout laws, while the former has a system of laws, Avhieh, though sojne-
what defective, aiul reciiiiring many changes and amendments, mnst continue in
force till rejoealed by competent legislative power. The situation of California
is almost identical with that of Louisiana; and the decisions of the supreme
court, in recognizing the A^alidity of the laws which existed in that countn- pre-
vious to its annexation to the United States, where not inconsistent with the
constitution and laws of the United States, or repealed by legitimate legislatiA-e
enactments, furnish us a clear and safe guide in our present situation. It is
important that citizens should understand this fact, so as not to endanger their
2:)roperty and involve themselves in useless and expensive litigation, by giving
countenance to persons claiming authority which is not given them by law, and
by putting faith in laws which can never be recognized by legitimate courts.

As congress has failed to organize a new territorial government, it becomes
our imperative duty to take some active measures to provide for the existing
■wants of the country. This, it is thought, may be best accomplished by putting
in full vigor the administration of the laws as they now exist, and completing
the organization of the civil government, by the election and appointment of all
officers recognized by law; while, at the same time, a convention, in which all
parts of the territory are i-epresented, shall meet and frame a state constitution,
or a territorial organization, to be submitted to the people for their ratifica-
tion, and then proposed to congress for its approval. Considerable time will
necessarily elapse before any new government can be legitimately organized and
2)ut in operation; in the interim, the existing government, if its organization be
completed, will be found sufficient for all our temporary wants.

A brief summary of the organization of the present government may not be
uninteresting. It consists: 1. Of a governor, appointed by the supreme gov-
ernment: in default of such appointment, the office is temporarily vested in the
commanding military officer of the department. The powers and duties of the
governor are of a limited character, but fully defined and pointed out by the
laws. 2. A secretary, whose duties and powers are also properly defined. 3. A
territorial or departmental legislature, with limited power to pass laws of a local
character. 4. A superior court (tribunal superior) of the territory, consisting
of four judges and a fiscal. 5. A prefect and sub-prefects for each district, who
are charged with the preservation of public order and the execution of the laws ;
their duties correspond, in a great measiu'e, with those of district marshals and
sheriffs. 6. A judge of first instance for each district. This office is, by a
custom not inconsistent with the laws, vested in the first alcalde of the district.
7. Alcaldes who have concurrent jurisdiction among themselves in the same
district, but are subordinate to the higher judicial tribunals. 8. Local justices
of the peace. 9. Ayuntamientos, or town councils. The powers and functions
of all these officers are fully defined in the laws of this country, and are almost
identical with those of the corresponding offices in the Atlantic and western states.

In order to complete this organization with the least possil:)le delay, the under-
signed, in virtue of power in him vested, does hereby appoint the first of August
next as the day for holding a special election for delegates to a general conven-
tion, and for filling the offices of judges of the sui:)erior court, prefects and siib-
prefects, and all vacancies in the offices of first alcalde (or judge of first
instance), alcaldes, justices of the peace, and town councils. The judges of the
siiperior court, and district prefects, are by law executive appointments, liut
being desirous that the wishes of the people should be fully consulted, the gov-
ernor will appoint such persons as may receive the plurality of votes in their
respective districts, provided they are competent and eligible to the office. Each
district will therefore elect a prefect and two sub-prefects, and fill the vacancies
in the offices of first alcalde (or judge of first instance) and of alcaldes. One

xvi PROCLAMATIONS TO THE PEOPLE OF CALIFORNIA.

jiulfre of the superior court will be elected in the districts of San Diego, Los
Auj,'eles and Santa Barbara; one in the districts of San Luis Obispo and Mon-
terey; one in the districts of San Jose and San Francisco; and one in the districts
of Sonoma, Sacramento and San Joaquin. Tlie salaries of tlie judfjes of the
superior eouii, the prefects and judges of first instance, are rt^gulated by the
governor, but cannot exceed, for the first, four thousand dollars per annum; for
the second, two thousand five hundred dollai-s, and for the third, one thousand
live hundred dollai-s. These sahuies Avill be paid out of the civil fund which
has l»een formed from the proceeds of the customs, provided no instructions to
the fonti-ary are received from "Washington. The laAV requires that the judges
of the sujjerior court meet Avithin three months after its organization, and form
a tariff of fees for the difterent territorial courts and legal officers, including all
alcaldes, justices of the peace, sheriffs, constal)les, etc.

All local alcaldes, justices of the peace, and members of town councils elected
at the special election, will continue in office till the first January, one thousand
eiglit hundred and fifty, when theu- j^laces will be supplied by the pereons who
mav l>e elected at the regular annual election, which takes place in November,
at \\ hic'h time the election of members to the territorial assembly will also be held.

The general convention for f oraiing a state constitution or a plan for territorial
g«»veniment, will consist of thirty-seven delegates, who will meet in Monterey
on the fii*st day of September next. These delegatts Arill be chosen as follows: —

The district of San Diego will elect two delegates, of Los Angeles four, of
.Santa Barbara two, of San Luis Obispo two, of Monterey five, of San Jose five,
of San Francisco five, of Sonoma -four, of Sacramento four, of San Joaquin
four. Should any district think itself entitled to a greater number of delegates
than the above named, it may elect supernumeraries, who, on the organization
of the convention, will be admitted or not at the i)leasure of that body.

The places for holding the election will be as follows: San Diego, San Juan
Capistrano, Los Angeles, San Fernando, San Buenaventura, Santa Barbara,
Nepoma. San Luis Obispo, Monterey, San Juan Baptiste, Santa Cruz, San Jose
ill- (Juadeluije, San Francisco, San Rafael, Bodega, Sonoma, Benicia (the places
for holding election in the Sacramento and San Joaquin districts will be here-
after designated). The local alcaldes and members of the ayuntamientos or
t'jwn councils, will act as judges and inspectors of elections. In case there
should be less than three such judges and inspectors present at each of the
phu-cH designiatod on the day of election, tlie people will appoint some comj^e-
tent person to fill the vacancies. The polls will l)c open from ten o'clock a. si.
to four i: M., or until sunset, if the judges deem it necessary.

Every free male citizen of the Fnited States and of Upper California, tw^enty-
<uu- years of age, and actually resident in the district where the vote is offered,
will Ix; entitled to the right of suffrage. All citizens of Lower California who
have been forced Ui come to this territory on account of having rendered assist-
ance to the American troojis during the recent war with Mexico, should also be
allowed to vote in the disti-ict wlure they actually reside.

(treat care slioidd be taken by the iusjjectors that votes are received only from
iK.na fide citizens actually resident in the country. These judges and inspec-
tors, jjreviouH to entering upon the duties of their office, sh(mld take an oath
faithfully and tndy to j»erform these duties. Tlie returns should state distinctly
the number e>f v<itcK received for each candidate, l)e signed by the inspectors,
waled, and immediately transmitted to the secretary of state for file in his office.

The follf»wing are tlie limits of the several districts: —

1. The district of San Diego is boimded on the south by Lower California, on
Hi*, west by tli#- Moa. on the north by the parallel of latitude including the mis-
sion San JuuM Cajiistrauo, and on the east by the Coh rado river.

PEOCLAMATIONS TO THE PEOPLE OF CALIFORNIA, xvi-xvii

2. The district of Los Angeles is bounded on the south by the district of San
Diego, on the west by the sea, on the north by tlie Santa Chira liver, and a
parallel of latitude running from the headwaters t)f that river to the Colorado.

3. The district of Santa Barbara is bounded on tlie south l)y the district of
Los Angeles, on the west by the sea, on the north by Santa Inez river, and a
parallel of latitude existing from the headwaters of that river to the summit of
the coast range of mountains.

4. The district of San Luis Obispo is bounded on the south by the district of
Santa Barbara, on the west by the sea, on the north by a parallel of latitude
including San Miguel, and on the east by the coast range of mountains.

5. The district of IMonterey is bounded on the south by the district of San
Luis Obispo, and on the north and east by a line ninning east from New Year's
Point to the summit of the Santa Clara range of mountains, thence along the
summit of that range to the Arroyo de los Leagas, and a parallel of latitude
extending to the summit of the coast range, and along that range to the dis-
trict of San Li;is Obispo.

6. The district of San eJose is bounded on the north by the straits of Carque-
nas, the bay of San Francisco, the arroyo of San Francisquito, and a parallel
of latitude to the summit of Santa Clara mountains, on the west and south by
the Santa Clara mountains and the district of Monterej', and on the east by the
coast range.

7. The district of San Francisco is bounded on the west by the sea, on the
south by the districts of San Jose and Monterey, and on the east and north by
the bay of San Francisco, including the islands in that bay.

8. The district of Sonoma includes all the country bounded by the sea, the
bays of San Francisco and Suisun, the Sacramento river and Oregon.

9. The district of Sacramento is bounded on the north and west by the Sac-
ramento river, on the east by the Sierra Nevada, and on the south by the
Cosumnes river,

10. The district of San Joaquin inchides all the country south of the Sacra-
mento district, and lying between the coast range and the Sierra Nevada.

The method hex'e indicated to attain what is desired by all, viz., a more perfect
political organization, is deemed the most direct and safe that can be adopted,
and one fully authorized by law. It is the course advised by the president, and
by the secretaries of state and of war of the United States, and is calculated to
avoid the innumerable evils which must necessarily result from any attempt at
illegal local legislation. It is therefore hoped that it will meet the apj)robation
of the peoj)le of California, and that all good citizens will unite in carrying it
into execution.

Given at Monterey, California, this third day of June, a. d. one thousand
eight hundred and fortv-nine.

B. RILEY,

Brevet Brig.-Geu. U. S. A., and Goveiuor of California.
Ofiacial: H. W. Halleck,

Brevet Capt. auJ St-cretarj' of State.

II.

PEOCLAMATION TO THE PEOPLE OF CALIFOEXIA.

xvii. Const ih( lion for ratificaiion.

The delegates of the people assembled in convention have formed a constitu-
tion, which is now i:)resented for your ratification. The time and manner of

xvii-xix PROCLAMATIONS TO THE PEOPLE OF CALIFORNIA.

voting on this constitution, and of holding the first general election, are clearly
set forth in the sehedvile; the whole subject is therefore left for your unbiased
and deliberate consideration.

The prefect (or j^erson exercising the functions of that office) of each district
will designate the places for oi:»ening the jdoIIs, and give due notice of the
election, in accordance with the provisions of the constitution and schedule.

The people are now called upon to form a government for themselves, and to
designate such otiicei-s as the}- desire to make and execute the laws. That their
choice may be wisely made, and that the government so organized may secure
the permanent welfare and happiness of the people of the new state, is the
sincere and earnest wish of the present executive, who, if the constitution be
ratified, will, with pleasure, surrender his powers to whomsoever the j)eople
may designate as his successor.

Griven at Monterey, California, this twelfth day of October, a. d. one thou-
sand eight hundi'ed and forty-nine.

B. RILEY,
Brevet Brig. -Gen. U. S. A., and Governor of California.

Official: H. W. K\xleck,

Brevet Capt. and Secretary of State.

in.

PEOCLAMATION TO THE PEOPLE OF CALIFOENIA.

xviii. Resignation of General Riley as governor of California.

A >EW executive having been elected and installed into office, in accordance
with the provisions of the constitution of the State, the undersigned hereby
resigns his powers as governor of California. In thus dissolving his official con-
nection with the people of this country, he would tender to them his heartfelt
thanks for their many kind attentions, and for the uniform sup2:)ort which they
have given to the measures of his administration. The principal object of all
his wishes is now^ accomplished — the jjeople have a government of their own
choice, and one which, under the favor of Divine Pi'ovidence, will secure their
own prosjierity and happiness, and the permanent welfare of the new state.

Given at San Jose, California, this twentieth day of December, a. d. one
thousand eight hundi'ed and fortv-nine.

B. RILEY,
Brevet Brig. -Gen. U. S. A., and Governor of California.

By the Governor: H. W. H.u.leck,

Brevet Capt, and Secretary of State.

xix. RelinquisJimoil of mililary to cicil governvn^t.

[OlSDKES No. 41.")

HEADQUABTEIta TeWTH JIiLITABT DEPARTMENT,

San Jose, Califok.nia, Dec. 20, )849.

1. Tlie brigadier-general commanding the department has this day relin-
(juishcd the administration of civil affaii-s in California, to the execution of the
government organized under the provisions of the constitution, ratified by the
people of California at the recent general election.

2. Brevet Cai:)tain H. W. Halleck, coq^s of engineers, is relieved from duty
as seci'etary of state. By order of

GENERAL RILEY.
Ed. U. S. Canby,

Assistant Adjutant-General.

(fon^titutioi! of tlje State of (faljforuia.

Adopted by the Convention, 10th October, 1849.
Batified by the People, 13th November, 1S49.
Proclaimed, 20th December, 1849.
Amended, 4th November, 1850, ajid 3d September, 1862.

XX. Preamble.

We, the people of California, gi-ateful to Almighty God for om- freedom, in
order to secure its blessings, do establish this Constitution.

ARTICLE I.

DECLARATION OF BIGHTS.

Inalienable riglds.

Section 1. All men are by nature free and independent, and have certain
inalienable rights, among which are tliose of enjoying and defending life and
liberty; acqniiing, possessing, and protecting ]3ro2)erty, and j^ursuing and ob-
taining safety and happiness.^ *^

Popular government.

Sec. 2. All political power is inherent in the people. Government is insti-
tuted for the jDrotection, security, and benefit of the people, and they have the
light to alter or reform the same whenever the jJublic good may requii-e it.

Jury trial.

Sec 3. The right of trial by jmy shall he secured to all, and remain invio-
late forever; but a jury trial may be waived by the parties, in all civil cases, in
the manner to be prescribed by law.'"^
Religious xvorship, and liberty o/ conscience.

Sec. 4. The free exercise and enjoyment of religious profession and worshij?,
"without disciimination or preference, shall forever be allowed in this State;'"*
and no person shall be rendered incompetent to be a witness on account of his
opinions on matters of religious belief;'"^' but the libert}' of conscience hereby
secui-ed shall not be so construed as to excuse acts of licentiousness, or justify
practices inconsistent with the peace or safety of this State.

(a) The "Sunday Law " of April 10, 1858, held to is caUed, it must consist of twelve perpons: alessnum-

be in violation of this section. Ex parte Newman, 9 her does not constitute a legal jury ^vithout express con-

Cal. 502. sent. Oillesjiie vs. Benson, 18 Cal. 40'J.

The " Sunday Law " of May 20, 1861, held to be not A court has no jiower to send an ordinary suit at law

in violation of this section; and the dissenting opinion to a reterec for trial against the objection of either par-

of Justice Field in Ex parte Newman aiioiHed. Ex parte ty; and this whether the suit involves the exaniinatiou

Andrews. 18 Cal. G78. of a long account or not. Our statute as to referring

(6) The right to a jury trial cannot be waived by im- cases (except in cases of consent) applies solely to equity

plication. Smith vs. Pollock. 2 Cal. 92. causes. Grim vs. Norris, 19 Cal. 1-JH.

A reference to ascertain the damages sustained by (c) The " Siuulay Law" of I.S.i.h held to violate this

reason of an injunction does not \-iolate this section: provision on the gi-oinul tliat it involved the ei. forced

the party availing himself of the stringent and extra- observance of a day held saci ed by a religious 8>-ct and

ordinai-y process of injunction is considered as waiving was a discrimination in favor of that sect and a viola-

his constitutional right to a jury trial. Kussell vs. Elli- tion of the religious freedom of others. Ex parte New-

ott, 2 Cal. 245. man, 9 Cal. 502.

The words " prescribed by law " look to actual legis- 'J he " Sunday Law " of 1861 (substantially similar to

lation iipon the subject, and cannot be extended to a that of 18581 hild purely a ciWl ngulation. not designed

permission of the exercise of the power to others than to subserve any religious purpose . Held furthir. th.it

the legislature Exliue vs. Smith, 5 Cal 112. the constitution does not make void legislation, the ef-

The language of this provision was used with refer- feet of which is to iironn te religion or even advance

ence to the right as it exists at common law. The right the interests of a sect or class of religionists. Ex parte

cannot be claimed in equity cases unless an issue of Andrews, 1m Cal. 678.

fact be framed. Koppikus vs. State Capitol Conimis- (d) A witness is competent without respect to bis re-

sioners. 16 Cal. 248. ligious sentiments or conviction- the law leaving his

Failure on the part of a party to appear on the trial competency to legal sanctions or at least to considera-

of a civil cause operates as a waiver of a jury trial un- tions independent of religious sentiments or convic-

der the li9th section of the practice act; but if a jury tions. Fuller vs. Fuller, 17 Cal. 005.

xxi CONSTITUTION OF THE STATE OF CALIFOKNIA.

xxi. Habea.^ co)-2)us.

Sec. 5. The privilege of the writ of habeas corpus shall not be susiDended,
unless Avhen, in cases of rebellion or invasion, the public safety may require its
suspension.'"^

Exceiisive bail,Jines, cmd 2^uni)^]i7ncnts.

Sec. G. Excessive bail shall not be required, nor excessive fines imposed; nor
shall cruel or unusual punishments be inflicted; nor shall witnesses be unrep,-
sonably detained.
All offenses bailable — one exception.

Sec 7, All persons shall be bailable by sufficient sureties, unless for capital
offenses when the proof is evident or the presumption gi'eat/"^

Personal rights and rights of property.

Sec. 8. No person shall be held to answer for a capital or otherwise infamous
crime (except in cases of impeachment, and in cases of militia when in actual
service, and the land and naval forces in time of war, or which this state may
keep, with the consent of cong'ress, in time of peace, and in cases of petty
larceny, under the regailation of the legislature), unless on presentment or
indictment of a grand jury;'"^ and, in n.\\j trial in any court w^iatever, the party
accused shall be allowed to appear and defend, in pei-son and with counsel, as
in civil actions."^' No person shall be subject to be twice put in jeopardy for
the same offense;'*"^ nor shall he be compelled, in any criminal case, to be a wit-
ness against himself ;^'> nor be deprived of life, liberty or i^roperty without due
process of law,'^' nor shall private property be taken for public use wdthout just
compensation.'"^

(a) The vivit of habeas corpus should not issue to
run out of the county, unless for good cause shown, as
the abKence, disability or refusal of the local judge to
act. The mere caprice of the prisoner ought cot to
prevail agaiust the interests of the people and public
cou\enience. Ex parte Ellis, 11 Cal. 'll'l.

'Ihe issuance of the writ is not obligatory upon the
supreme court in term time, but rests in the sound
legal discretion of the court, ihough its allowance may
be obligatory upon the judges in their individual ca-
pacities. Id.

(6) Admissi >u to bail in capital cases, where the
proof is evident or the presumx)tioii gi-eat, may be for-
bidden by legislation; but in all other c:ises, admission
to bail is a right which no judge or court can xjroperly
refuse. People vs. Tinder, li) Cal. 539.

The provii-ion tliat bail is a initter of right contem-
plates only those cases in which the jiarty has not been
alreidy convicted. Ex parte Voll, 41 Cal. 'i9

((•) The 273d section of the criminal jjiMctice act,
directing that where a person is indicted under a wrong
name, and he gives )jis true name, it shall be entered
on tlie minutes and the ijrisoner tried under his true
uaiiie (see Penal Code, sec. iis'.)), is not a violaticm of
tills clause. The meaning of this provision is that the
jierson shall be indicted, not the person by his tiue
name, but the person himself. People vs. Kelly, 6
Cal 210.

'J he grand jury should be constituted according to
law, but the objectinu that it is not so constituted must
be made at the particular time provided by statute.
The legislature may cipiistitulionally prescribe rules of
practice, aud among these is the provision as to the
lime aud mofle of excepting to in-egulariiies of pro-
ceeding. People \f>. Arno d, l.") Cal. 47G.

{<!) Courts liave a large discretion over the conduct
of procei dings before them aud may limit arguments
of counsel to reasonabli- time; but in cuiiital cases this
Bhould be done only in v> ry extraonlinary and peculiar
iiiBiaur-es. The opportunity of a full defense is a con-
stitutional right without which a prisoner cann')t be
lawfully con\ii-ted. I'eople vs. Kei-nan, 13 Cal. 581.

(') On a Hecnnd trial for murder upon tlie same or a
differi nt indictment, defendant <• m phail a conviction
of manslauglitcr as an acquittal of the crime of murder.
A conviction of mauslaugliter is an iicijuittal of every
offense charged in tli<; indictment higher than the par-
ticular one of which the prisoner is found guilty.
People vs. Gilmore, 4 Cal. 37C.

Tiiis provision was never intended to apply to cases
in which a judgment of conviction was reveraed in the
oppellate court and a new trial ordered. In such cases,

it bein^ apparent from the judgment of reversal that
such trial was erroneous, the defendant in fact was not
in jeopardy. The order for a new trial places the party
in the same i)osition as though no trial had betn had.
People vs. March, fi Cal. 543.

Where uixju a previous trial it turned out that there
was a uii>nomer of the party injured, aud thereupon
the indictment was discharged and the new indictment
found: Held, that the accused was not jjlaced twice iu
jeopardy. It would be a coutradiciiou in terms to say
that a person was put in jeopardy by an indictment
under which he could not be con\irtcd, and it is ob-
viously immaterial wliether the iuability to convict
arise fi-om a vaiiance between the proof and indict-
ment or from some defect in the indictment. People
vs. McNeily, 17 Cal. 332.

If a person charged with crime has once been ae-
qui ttd by the veraict of a jury he cannot be held to
answer again for the same ofl'ense, no matter by what
mistakes or errors on the part of the court, jury or
prosecution the acquittal was obtained. People VS'.
Webb, 38 Cal. 407.

When a iierson is placed on trial upon a valid indict-
ment before a competent court and jury, he is " iu
jeopardy" within the meaning of the constitution.
People vs. Cage, 4S! Cal. 323.

(/) A witness is not privileged from answering on
the ground that his answer would disgrace him, but
Solely on the ground that he is not compelled to crim-
inate himself. Ex parte Howe, 7 Cal. 184.

[ij) The provisions of the 31st section of the practi^-e
act authorizing judgment against an absent defendant,
fur whom the cotirt has apiiointed an attorney with
lirivilege of coming and opening it in six months, is
not in violation of this clause. Ware vs. Robinson, 9
Cal. 107.

The riyht to i)ractice law is not " pr^jperty" within
the constitutional meaning of the term. The act of
25th April. 1803, nquiring attorneys and litigants to
file affidavits of allegiance to the government, does not
contravene this provision. Cohen vs. Wright, 22 Cal,
2U3.

Tills provision is not applicable to proceedings by
the state to obtain from citizens their proper contribu-
tions to the expenses of administering the govermnent.
High vs. Slioemaker, 22 Cal. 303.

(A) The destruction of a building to stop the spread
of a conflagration cannot bo deemed a taking of private
property for i)ublic use within the meaning of this
clause. Dunbar vs. San Francisco, 1 Cal. 355.

A lot of land in the harbor of San Francisco, lying
within the line of a street laid down aud recognized by

CONSTITUTION OF THE STATE OF CALIFORNIA, xxi-xxii

Liberty of speech and press, and law of libel.

Sec. 9. Every citizen may freely si^eak, write, and puLlinli his sentiments on
all subjects, being responsible for the abuse of that right; and no law shall be
2)assed to restrain or abridge the liberty of speech or of the press. In all crim-
inal prosecutions on indictments for libels, the truth may be given in evidence
to the jury; and if it shall appear to the jury that the matter charged as libelous
is true, and was published with good motives and for justifiable ends, the party
sh'all be acquitted; and the jury shall have the right to determine the law and
the fact.

xxii. Popular assemblies.

Sec. 10. The people shall have the right freely to assemble together to con-
sult for the common good, to instruct their representatives, and to petition the
legislature for redress of grievances.

Uniformitij of general laivs.
Sec. 11. All laws of a general nature shall have a uniform operation. ^"^

tlie city on its oSicial map, and being in the actual pos-
eessioii of a person claiming lo be the owner, cannot
be tHken and appropriated to public use by the city
without payment of just compensation, there being no
title t') the land in the city. Gunti-r vs. Geary, 1 Cal.
4U2; Surocco vs. Geary, 3 Cal. 09.

Where i)rivate property is appropriated to public use
by supervisors, without makiug proviyion for paying
for tlie same, such act is illegal and may be enjoined.
Mc( ann vs. Sierra County, 7 Cal. 12!.

Parties in possession of land claiming title thereto
are presumed to be the owners, and are entitled to com-
pensation before it can be taken for public uses. Sac-
rame..to Valley Kailroad Company vs. Mofl'att, 7 Cal.
577.

A municipal corporation cannot take private property
for public use without makiug compensation in ad-
vance or providing a fund out of which compensation
shall be made as soon as the amount to be paid can be
determined. Colton vs. Kossi, 9 Cal. 59.5.

The means of compensating the owner must be pro-
vided before the property is taken. McCauley vs.
AVeller. 12 Cal. &00; Bensley vs. Moimtain Lake Water
Company, 13 Cal. 306.

Where compensation for land taken by a county for
IJublic use does not precede or accompany the taking,
the entire action of the county authorities is void; and
in such case a .'<uit against the county for the compen-
sation does not lie. Johnson vs. Alameda County, 14
Cal. loo.

If ihe use for which the property is taken be to
satisfy a great public want or public exigency, it is a
public use within the meaning of the constitution, and
the state is not limited to any given mode of applying
tlie proj)erty to satisfy the want or meet the exigency.
Gilmci- vs. Lime Pomt, 18 Cal. 229.

The use of land for railroad purposes is aptiblic use.
Contra Costa Railroad Co. vs. Moss, 23 Cal. 323.

A statute divesting the title of a purchaser of prop-
erty which had been previously mortgaged by fore-
closure proceedings, to which the purchaser was a
stranger, would be unconstitutional. Skinner vs. Buck,
29 Cal. 2r)3.

A statute validating and confirming a contract pre-
viously made in good faith but not in the precise mode
prescribed by the existing law (such as a deed by the
attorney in fact of a married woman before she was
a\lo\yi'd to make a i^ower of attorney) does not operate
to rtivi'st vested rights, and is not tlierefore unconsti-
tuti.iual. Deutzel vs. Waldie. 30 Cal. 138.

Land is not '• takt n for i^ublic use" xmtil the last act
has been performed which, umler the mode of condem-
nation adopted, is required to transfer the title or sub-
ject ii to the servitude. Fox vs. Western Pacific R. R.
Co., 31 Cal. .538.

An act providing that, in assessing the value of land
takm for a railroad, allowance shall be made for any
benefit that will accrue to the person whose land is
taken, is not unconstitutii nal. San Francisco, A. & S.
R. R. Co. vB Caldwell, 31 Cal. 3G7.

Land may be taken under the power of eminent do-
main for what is called in the statutes a " private
road." Sherman vs. buick, 32 Cal. 241.

This clause has no application to assessments for

street work in San rraiic:sco under the consolidation

act as amended in 186:^ or 1803. Chambers vs. Satterlee,

40 Cal. 49;.

The " public use " mentioned in the constitution is

left in large measure to legislative determination.
Stockton & Visalla R. R. Co. vs. Stockton, 41 Cal. 149.

An act requiring persons claiming compensation for
land to be taken for alteration of a public road to pre-
sent their claims within a certain time, or be deemed
as waiving all right to damages, does not violate this
clause. Potter vs: Ames, 43 Cal. 15.

An act providing that a railroad company may occupy
or use land pending proceedings to condemn it, with-
out providing compensation for the use and waste
thereof if the proceedings fail, is in violation of the
constitution. Davis vs. San Lorenzo R. R. Co., 47 Cal.
517.

( a) The revenue act of May 18, 1853, does not violate
this section. By " uniform operation " it was intended
that laws of this character should, as nearly as possi-
ble, aflect persons and ])roperty alike. A perfectly
equal tax law is impossible from the very natiure of the
subject. People vs. Coleman, 4 Cal. 40.

An act regulating fees in office is not an act of a gen-
eral nature; henoe a fee bill tor a stpitrate county is
not in violation of this section. Ryan vs. Johnson, 5
Cal. 80.

Act to remedy the failure of a tax collector to publish
names of owners and lists of property is not general
but special in its natiu-e. Moore vs. Patch, 12 Cal. 205.
The word "uniform" does not mean -'universal."
The constitution is violated only when a privilege ex-
tended to one is denied to another on substantially the
same facts. Smith vs. Judge of Twelfth District Court,
17 Cal. 547.

This provision is not violated by the " Sunday Law"
of 1861. Ex parte Andrews, 18 Cal. 678.

The act of May 3, 1852, providing for the appointment
of a ganger at the port of San Francisco, is constitu-
tional. It is not a general but a special law. Addison
vs. Saulnier, 19 Cal. 82.

An act allowing a percentage to be taxed as costs in
litigated cases, though made applicable to one county
alone, operates equally and uniformly upon all parties
in the same category and is not unconstitutional. Cor-
win vs. Ward, 35 Cal. 195.

This clause means that every law shall have a uni-
form operation upon all the citizens or persons or
things of any class upon which it purports to take ef-
fect and that it shall not grant to any citi/en or class of
citizens privileges which upon the same terms shall
not equally belong to other citizens. Brooks vs. Hyde,
37 Cal. 300.

A city ordinance to prohibit noisy amusements and
prevent immorality is not, on account of its local oper-
ation, repugnant to the constitution. Ex parte Smith
and Keating, 38 Cal. 702.

The constitution does not require laws to have a uni-
form operation unless tlicyareof a general nature; and
whether a law is of a general or special nature deijends,
in a measure, upon the legislative purpose discernible
in its enactment. People vs. Central Pacific E. K. Co.,
43 Cal. 398.

The constitution does not prohibit a sprcial act be-
cause the subject with which it deals might have been
the subject of a general law. People vs. Central Pacific
R. R. Co., 43 Cal. 398.

An act for securing mechanics' liens, which fails to
give to laborers otht r than those working on mining
claims a lien, is not for that reason unconstitutional.
Quale vs. Moon, 48 Cal. 478.

xxii-xxiv CONSTITUTION OF THE STATE OF CALIFORNIA.

MU'dary poiurr.

Sec. 12. The military shall be subordinate to the civil power. No standing
army shall be kept up by this state in time of peace; and, in time of war, no
appropriation for a standing army shall be for a longer time than two years.

Quarteri)}g of soldiers.

Sec. 13. No soldier shall, in time of peace, be quartered in any house without
the consent of the owner; nor in time of war, excej^t in the manner to be pre-
scribed hy law.
Iiep7'esenfatio7i.

Sec 14. Representation shall be apiDortioned according to population.

xxiii. Imprisonment for debt.

Sec. 15. No person shall be imprisoned for debt in any civil action, on mesne
or final process, unless in cases of fraud;*"' and no person shall be imprisoned
for a militia fine in time of peace.

Laws prohibited.

Sec. 1G. No bill of attainder, ex post facto law, or law impairing the obliga-
tion of contracts, shall ever be passed. *'''

Rights of foreigners.

Sec 17. Foreigners who are or who may hereafter become bona fide residents
of this state, shall enjoy the same rights in resjDcct to the possession, enjoyment
and inheritance of propert}', as native born citizens.^"'

Slavery proldbited.

Sec 18. Neither slavery nor involuntary servitude, unless for the punish-
ment of crime, shall ever be tolerated in this state.
Search warrants.

Sec. 19. The right of the people to be secure in their persons, houses, papers
and effects, against unreasonable seizures and searches, shall not be violated;
and no warrant shall issue, but for probable cause, suj^ported by oath or affir-
mation, particularly describing the place to be searched and the persons and
things to be seized.

xxiv. Treason defined, and hoiv punished.

Sec 20. Treason against the state shall consist only in levying war against it,

(a) In a suit to recover money received by a person (r) A British seaman on board a British vessel of

as agent, he cannot be arrested without showing some which a British 8ul)ject is master may, when <'ischarged

fraudulent conduct on his part. Ex parte Holdforth, 1 in a port of this state without any fault on his iiart, sue

Cal. i'M. lor and recover his wages in a state coui-t. Pugh vs.

A party cannot be inii)risoned under a judgment in a Gillani, 1 Cal 48'>.

civil action for assault and battery. Ex parte Prader, .\n alien may purchase and hold land and make leases

C Cal. 2;i9. and sustain actions till "ollice found, "and proof of his

{Ij) The act of April 15, 1851, re-incorporating the city alienage cannot be made available in a collateral yro-
of Han Francisco, did not extinguisli the debts of the ceeding. Ramires vs. Kent, 2 Cal. 558.
city incujTi.d under the former charter, nor did its prop- An alien may hold real estate against every one and
erty escheat to the state. An act passed with such in- even against the government until " office found." At-
tention would be unconstitutional. Smith vs. Morse, 2 torney General vs. Eolsom, 5 Cal. 373.
Cal. 524. Held that a non-resident alien cannot inherit land in

The suspension by statute of remedies or any part this state. Siemsen vs. Bofi;r, 0 Cal. 250; Norrisvs. Hoyt,

thereof existing when the contract was made is more 18 Cal. 217.

or less impairing the obligation of the contract. Thome This section leaves the right of non-resident foreign-

vs. Hays, 4 Cal. 127. era in respect to real properly as it exists at common

The 4Ist section of the act concerning conveyances, law. Farrell vs. Enriglit, 12 Cal 450.

requiring conveyances made before the passage of the The act of April 19, 185fi, permitting non-resident

act to be recorded, does not imi)air the obligation of a alicn.s to inherit, is constitutional; and the right of

contract. Stafford vs. Lick, 7 Cal. 47U. bona fide resident aliens maybe enlarged but cannot

The jirovisioiiB of the " Corisolidation Act" of San be abridged by the legislature. People vs. Kogers, 13

Francisco, requiring the sinking fund <-reated by act of Cal. 1.59.

1851 to be first exhausted by redemption of certificates By virtue of its police power the state possesses juris-

of stock, bifore the treasurer should make payment diction to arrest and restrain fugitive slaves and to re-

annually of .?50,000, set apart by act of 1851 for payment move them from its borders, but not so as to obstruct

of interest, etc.. are unconstitutional as violating a the owner in reclaiming his slave. Ex parte Perliius, 2

contract. Tullant vs. Woods, 7 Cal. 579. Cal. 424.

This provision in regard to contracts relates to con- The d<ictrine of " comity," as to the right of transit

tracts between individuals and not to contracts between through and delay with slaves in the state, discussed,

individuals and the state. Myers vs. Englisli. 9 Cal 341. Ex parte Archy, 9 Cal. 147.

The riglit to practice law is not a "contract" and
therefore tlie " Test Act " does not violate the obliga-
tion of a contract. Cohen vs. Wright, 22 Cal. 293.

CONSTITUTION OF THE STATE OF CALIFORNIA, xxiv-xxv

adlieriiig to its enemies, or giving tlicni aid and comfort. No person shall be
convicted of ti'eason, unless on the evidence of two witnesses to the same overt
act, or confession in open court.

Popular rights retained Ijy tlie people.

Sec. 21. This enumeration of rights shall not be constnied to impair or deny
others retained by the people.

Sec. 22. The legislature shall have no j^ower to make an appropriation, for
any purpose whatever, for a longer j)eriod than two years. {Aiae}uhiient, pro-
posed 1866; ratified Gth September, 1871.*^'

ARTICLE 11.

RIGHT OF SUFFRAGE.

XXV. Who are or may he electors.

Section 1. Eveiy white male citizen of the United States, and eveiy white
male citizen of Mexico who shall have elected to become a citizen of the United
States, under the treat}' of peace exchanged and ratified at Queretaro, on the
thirteenth day of May, eighteen hundred and forty-eight, of the age of twenty-
one years, who shall iiave been a resident of the state six months next preceding
the election, and the county or district in which he claims his vote thiriy days,
shall be entitled to vote at all elections w^hich are now or hereafter may be
authorized by law; provided, that nothing herein contained shall be construed
to prevent the legislature, by a two thirds concurrent vote, from admitting to
the right of suffrage Indians, or the descendants of Indians, in such special
cases as such a proportion of the legislative body may deem just and proper. ^"^

Privileges of electors.

Sec 2. Electors shall, in all cases excej^t treason, felony, or breach of the
peace, be privileged from arrest on the days of election, during their attendance
at such, election, going to and returning therefrom.

3Iilitia duty.

Sec. 3. No elector shall be obliged to perform militia duty on the day of
election, except in time of war or public danger.
Residence.

Sec. 4. For the pui-pose of voting, no person shall be deemed to have gained
or lost a residence by reason of his presence or absence while emi^loyed in the
sen-ice of the United States ;*''' nor while engaged in the navigation of the waters
of this State, or of the United States, or of the high seas; nor while a student
of any seminary of learning; nor while kept at any almshouse, or other asylum,
at i:)ublic expense; nor while confined in any j)ublic prison.
Idiot, insane and iv famous persons.

Sec. 5. No idiot or insane person, or person con%dcted of any infamous
crime, shall be entitled to the j^rivileges of an elector.
Ballot.

Sec 6. All elections by the people shall be by ballot.

(a) The amendment constituted a new and additional (c) The mere fact that a man is a soldier in the TJni-

section. ted States army does not disqualify him from voting in

(h) The act of April 25, 1863, providing for taking the tliis state; nor does a mere residcme or sojourn in the

votes of California volunteers outside of the couiities country as a soldier make a man a citizen or prove him

of their legal residence, was unconstitutional. Bour- BU('h. The fact of such sojourn or residence neither

land vs. Hildreth, 2(j Cal. 161; Day vs. Jones, 31 Cal. 261. creates nor destroys citizenship. Orman vs. Riley, 15

Cal. 4S.

xxvi- xxvii CONSTITUTION OF THE STATE OF CALIFORNIA.

ARTICLE III.

DISTRIBUTION OF POWERS.

xxvi. Separate deparlments.

The poAvers of the government of the State of California shall he divided
into three sejiarate departments: the legislative, the executive, and judicial;
and no person charged with the exercise of powers properly belonging to one
of these departments, shall exercise any functions appertaining to either of the
others, except in the cases hereinafter expressly directed or permitted.^"'

ARTICLE IV.

LEGISLATIVE DEPARTMENT

C»)

xxvii. Senate and assembly — Enacting dam^e of laics.

Section 1. The legislative power of this State shall be vested in a senate and
assembly, which shall be designated the legislature of the State of California;
and the enacting clause of every law shall be as follows: "The people of the
State of California, rej) resented in senate and assembly, do enact as follows."
Sessions of legislature.

»Sec. 2. The sessions of the legislature shall be biennial, and shall commence
on the first Monday of December next ensuing the election of its members,
unless the governor of the State shall, in the interim, convene the legislature
by i3roclamation. No session shall continue longer than one hundred and
twent}' days. [Amendment, proposed 18G1; ralified ^d September, 1862. ^"^

(a) The legislature lias no power to confer other than
judiL-ial functions upon the court of sessions. Burgoyne
vs. San Francisco, 5 Cal. 9; Phelan vs. San Francisco, 6
Cal. 531. The legislature cannot confer upon a county
judge power of designating place and manner of hold-
ing an election, as it is a niiuisteiial and not a judicial
act, and an election thus held will be void. Dickey vs.
Hurlburt, 5 Cal. Hi.

Where any of the duties or powers of one of the de-
partments are not disponed of or distributed to partic-
ular officeis of that department, such ijowers or duties
aie left to the disposal of the legislature. Ross vs.
Wliitnian, (i Cal. SCI.

I'mm the necessity of the case, supervisors exercise
judicial, legislative and executive powers in matters
relating to the ijolice and fiscal regulations of counties.
People vs tl Dorado County, « Cal. 5«.

Tlie assessment of taxes is not a judicial act, and can-
not be e.xercised by the court of sessions. 10 Cal. 40i.

The constitution does not place either department
above the law, nor make either indeixnidi-nt of the
other. The legisla'ure can pass such laws as it may
deem exiiedi-nt. subject <jn]y to tlie prohibitions of the
constitution. If it ovcrsti ps those limits, and attempts
to impair the obli^'atiou of contracts, or to pass ex post
facto laws, or grant special acts of incorpor^ttion lor
other than municipal purposes, the judiciary will set
aBi<le its legislation and protect tlie rights it has as-
sailed. McCauley vs. brooks, k; Cal. 11.

Nothing in the constitution prohibits the legislature
from declaring the mayor of a city to be ex officio a
justice of the peace. Uridias vs. Morrill, '22 Cal. 47:).

This article refers to the distribution of the powers
of the state go\ernment and not to those of local gov-
ernments created by the legi^lature; so that there is
liotliiug in it to prevent the police jmlge of the city
and county of San Francisi-o from performing the du-
ties of the office of jxilice commissioner as an ex officio
office. People vs. Frovines, :J4 Cal. ."i'J).

(fc) The constitution is not to be regarded as a grant
of power but rather as a restriction upon tlie ]io\vers of
the legislature; and it is comp-tenl for the legislature
to exercise all powers not foi bidden by the constitu-
tion, or di legated to the general government, or pro-
hibited by the United States constitution. People vs.
Coleman, 4 Cal. 411; People VH Bigler, 5 Cal li.

The motives of the legislatnre in passing a law will
not be inquired into. People vs Higler, 5 Cal 2;i.

An act may be vo d in part for its unconstitutionality,
and good so far as it is constitutional. People vs. Bur-
bank, VI Cal. ;i7H.

Tne legislature cannot require the supreme court
to give the reasons of its decisions in writing The

constitutional duty of the coui t is discharged by the
renditions of its decisions. Houston vs. Williams, 13
Cal. 24.

'1 he constitution is not a grant but a restriction upon
the ijower of the legislature, and hence an express
enumeration of legislative jjowers and privileges therein
cannot be considered as the exclusion of others not
named, unless accomjianied by negative terms. Ex
parte McCarthy, 2'.t Cal. Mi.").

The legislature has no power to legalize defective
pleadings in i)endiug actions. People vs. Marii^osa
Company, 31 Cal. 19G.

It is not within the constitutional power of the state
legislature to confer juris lictiou upon federal courts or
prescribe the means or mode of its exercise. Greely
vs. Townseiid, 2.3 Cal. OiU.

All act of the legii^hiture granting a new trial or re-
opening a juilgnient in favor of the peoiile. in a civil
action in which the people are a parly, is a mere con-
sent on the part of the leojile, one of the parties, that
a new trial be granted or the judgment reopened and is
not tmconstitutional. People vs. Frisbie, 21! Cal. 135.

Whire a new county is erected out of territory taken
in part from another county, the legislature has the
power to create a board of commissioners to ascertain,
settle and report the amount due from (me to the other
and to comijel the supervisors ot the county indebted
to levy a tax to pay tlie amount so reported due. Peo-
ple vs. Alameda County. 2(1 Cal. 041.

The le^^islature can delegate to a board of supervisors
power to mak'! an order to prevent the carrying on of
an offensive trade, i)rejudiiial to imblic health, within
the limits of a city. Kx parte Shrader, 33 Cal. 271).

The legislature cannot delegate the jiower to make
laws. Conferred upon it by tim constitution, to the peo-
ple of the state or to auv portion of the people. Es
parte Wall, 48 Cal. 279.

The legisl.iture has no power to refer a statute to the
p('ople to decide by a iiojjular vote whether it shall go
into effect. Ex parte Wall, 4H Cal. 279.

A law whidi submits to a popular vote of the electors
of a county the <iue>tion whether certain territory of an
adjoining county shall be annexed to it and that if such
vote should be in the afhrmative the adjoining county
should be disorganized and the territory annexed, is
not unconstitutional. People vs. Nally, 49 Cal. 478.
(c) Tlie original secticm was as follows:
Skc. 2. The sessions of the legislature shall be annual,
and shall commence on tlie first Monday of January,
next ensuing the election of its members, unless the
governor of the state sliall, in the interim, convene the
legislature by proclamation.

CONSTITUTION OF THE STATE OP CALIFORNIA, xxvii-xxix

Election and terms of assemblymen.

Sec. 3. The members of tlie assembly shall be chosen biennially, by tlio
qi-ialified electors of their respective districts, on the first "Wednesday in Sep-
tember, unless otherwise ordered by the legislature, and their term of otKco
shall be two years. [Amendment, proposed 1861; ratified ^d September, 1802.*"'
QtinlificatioviS of leijii^lators.

Sec. 4. Senators and memT)ers of assembly shall be duly qualified electors in
the respective counties and districts which they represent.
xxviii. Election and ter^ms of senators.

Sec. 5. Senators shall be chosen for the term of four years, at the same time
and places as members of assembly; and no person shall be a member of the
senate, or assembly, who has not been a citizen and inhabitant of the State, and
of the county, or district, for which he shall be chosen, one year next before
his election. [Amendmejit, proposed 1861 ; ratified Sd September, 1862.*'''

Number and classes of senato7's.

Sec. 0. The number of senators shall not be less than one third, nor more
than one half, of that of the members of assembly; and at the first session of
the legi.slature after this section takes efiect, the senators shall be divided by
lot, as equally as may be, into two classes. The seats of the senators of the first
class shall be vacated at the expiration of the second year, so that one half shall
be chosen biennially. [Amendmeiit, proposed 1861 ; ratified 'dd September , 1862.*"'

Increase in number.

Sec. 7. When the number of senators is increased, they shall be appointed
by lot, so as to keep the two classes as nearly equal in number as possible.
Organization of legislative houses.

Sec. 8. Each house shall choose its own officers, and judge of the qualifica-
tions, elections, and returns of its own members.
Quorum.

Sec. 9. A majority of each house shall constitute a quoram to do biisiness;
but a smaller number may adjourn from day to day, and may compel the attend-
ance of absent members, in such manner, and under such penalties, as each
house may provide.

xxix. Rules — Expxdsions.

Sec. 10. Each house shall determine the rules of its own proceedings, and
may, with the concurrence of two thirds of all the members elected, expel a
member.

Journals.

Sec. 11. Each house shall keejj a journal of its own proceedings, and pub-
lish the same; and the yeas and nays of the members of either house, on any
question, shall, at the desire of any three members present, be entered on the
journal.

Privileges of legislators.

Sec. 12. Members of the legislature shall, in all cases except treason, felony,
and brejich of the peace, be privileged from arrest, and the}' shall not be sub-
fa) Original section: vhich he shall be chosen six months next before his
Sec. 3. The members of the assembly shall be choRen election,
annually, by the qualified electors of their respective (r) Original section:

districts, on the Tuesday next after the firt-t Monday Sec. C. The number of senators shall not be less

in November, imless otherwise ordered by the legisla- than one third, nor more tlian one half, of that of the

ture, and their term of office shall be one year. members of assembly; and at the first session of the

(b) Original section: legislature after iliis couftitution tai-es eflect, the sen-

Sec. 5. Senators shall be chosen for the term of two ntors shall be divided by lot as equally as may be, into

years, at the same time and places as members of as- two classes; the seats of the senators of the first class

sembly; and no person shallbe a member of the senate shall be vacati d at the expiration of the first year, so

or assembly who has not been a citizen and inhabitant that one half shall be chosen annually,
of the state one year, ^nd of the county or district for

xxix-sxx CONSTITUTION OF THE STATE OF CALIFORNIA.

ject to any civil process during- the session of tlie legislature, nor for fifteen
days next before the commencement and after the termination of each session.

Vacancies.

Sec. 13. When vacancies occur in either house, the governor, or the person
exercising the functions of the governor, shall issue writs of elections to fill
such vacancies.

Open doors.

Sec. 14. The doors of each house shall be open, except on such occasions as,
in the opinion of the house, may require secrecy.

XXX. Adjournments.

Sec. 15. Neither house shall, without the consent of the other, adjourn for
more than three days, nor to any other place than that in which they may be
sitting.

Origination of bills.

Sec 16. Any bill may originate in either house of the legislature, and all
bills passed by one house may be amended in the other.

Governor's approval — Passage of bills notwithstanding governor's objections.

Sec. 17. Every bill which may have passed the legislature, shall, before it
becomes a law, be presented to the governor. If he approve it, he shall sign
it; but if not, he shall return it, with his objections, to the house in which it
originated, which shall enter the same upon the journal, and proceed to recon-
sider it. If, after such reconsideration, it again pass both houses, by yeas and
nays, by a majority of two thirds of the members of each house present, it
shall become a law, notwithstanding the governor's objections. If any bill shall
not be returned within ten days after it shall have been presented to him (Sun-
days excepted), the same shall be a law, in like manner as if he had signed it,
unless the legislature, by adjournment, prevent such return. ^"^

Impeachments.

Sec 18. The assembly shall have the sole poAver of impeachment; and all
impeachments shall be tried b}' the senate. When sitting for that purpose, the
senatoi's shall be upon oath or affirmation; and no j^erson shall be convicted,
without the concurrence of two thirds of the members present.

Officers liable to impeachment — Judgment.

Sec. 19. The governor, lieutenant-governor, secretaiy of state, controller,
treasurer, attorney-general, surveyor-general, justices of the supreme coui-t,
and judges of the district courts, shall be liable to imiieachment for any mis-
demeancn' in ofiice; but judgment in such cases shall extend only to removal
from office, and disqualification to hold any ofiice of honor, trust, or profit,
under the state; but the party convicted or acquitted shall nevertheless be liable
to indictment, trial, and punishment, according to law. All other civil oflicers
shall be tried, for misdemeanors in ofiice, in such a manner as the legislature
may provide.

(o) The court may go behind the record evidence of which the bill Is presented to the governor. Price vs.

a fstattitc, and inquire whether it was passed or ap- Whitman, H Cal. 412.

proved in accordance with the conBtitufion. Fowler Wlicre the governor Kcut a bill with his objections to

vs. Peircc, 2 Cal. Ifi.'i. the house in wliich it orlj^'iuated on tlie last of the tea

In approving a statute, the executive acts as a com- days, and, on ac(;ouiit of an adjournment of the house

pon»*nt \>hrt of the law-malting power, and his power for the day, tlie bill was re-delivered to tlie (,'overnor

of aijproval ceases on the adjournment of the legis- and retained by him: Held, that it was not returned

latui c. Id within ten dajH « ithin the meaning? ol the constitution.

In nearly all the printed copies of the constitution HarpenditiK vk. Haight, '.i'J Cal. IW).

there is a mistake in the omission of the final leiter In computing the tiu days witliin which a bill may

" s" in the word " Sundays." 'I he erroneous decisirm be returned by the governor, the day on which it is

in Hepburn vs. Whitman, 0 Cal. (i.i'.), was based upon jirif-cutcd to the governor must be excluded. Iron

this mistake. See I'rice vs. Whitman. 8 Cal. 412. The Mountain Co. vs. Haight, 30 Cal. 54(J.
ten days must be computed by excluding the day on

CONSTITUTION OF THE STATE OF CALIFORNIA, xxxi-xxxii

xxxi, DisahiUdes of Icgidalors.

Sec. 20. No senator, or member of assembly, shall, during the term for which
he shall have been elected, be appointed to any civil office of profit, under this
state, which shall have been created, or the emoluments of which shall have
been increased, during such term, except such o£&ce as may be filled by elections
by the people.

Ineligibility to office — Proviso.

Sf.c. 21. No person holding any lucrative office luider the United States, or
any other power, shall be eligible to any civil office of profit under this state;
provided, that officers in the militia, to which there is attached no annual salaiy,
or local officers and postmasters whose compensation does not exceed five hun-
dred dollars per annum, shall not be deemed^ lucrative.'"'

Embezzlement — Defalcation of public funds .

Sec. 22. No person who shall be convicted of the embezzlement, or defalca-
tion, of the public funds of this state, shall ever be eligible to any office of
honor, trust, or profit under this state; and the legislature shall, as soon as
practicable, pass a law providing for the punishment of such embezzlement, or
defalcation, as a felony.

Public moneys and accounts.

Sec. 23. No money shall be drawn from the treasuiy but in consequence of
appropriations made by law.'**' An accurate statement of the receipts and
expenditures of the public moneys shall be attached to and published with the
laws at eveiy regular session of the legislature.

Compensation.

Sec. 24. The members of the legislature shall receive for their services a com-
pensation to be fixed by law, and paid out of the public treasury; but no increase
of the compensation shall take effect during the term for which the members of
either house shall have been elected.

xxxii. Title of laws — Bevision and amendment of laics.

Sec. 25. Every law enacted by the legislature shall embrace but one object,
and that shall be expressed in the title,'"* and no law shall be revised, or
amended, by reference to this title; but in such case, the act revised, or section
amended, shall be re-enacted and published at length."*'

Divorces.

Sec. 2G. No divorce shall be granted by the legislature.

{n) The Federal office of siirveyor-genfral is a lucra- (c) A law is constitutional where the eulijects em-

tive office, and the office of controller of state an office braced in the same statute and not expressed in the

of profit. Melony vs. Whitman, lu Cal. 38. title have congniity or proper connection. De Witt vs.

To constitute a " holding" there must be a concur- San Francisco, 2 Cal. 'IH'-.K

rence of two wills, that of the appointing pov.'cr and This provision is merely directory. Washington vs.

that of the person appointed. Id. Page, i Cal. 388; Pierpont vs. Cronch, 10 Cal. 3\o.

The W'.rd '■ eligible' means capable of being chosen. A law "to regulate fees," which provides for the

A person holding a lucrative federal office cannot re- amount of fees and at the same lime that a part of such

ceive votis cast so as to give him a right to take the fees shall be paid into the treasury is uot objectionable

state office uijou or after resigning the federal office, as embracing more than one object and that not ex-

Searcy vs. Grow, 15 Cal. 117. pressed in the title. Beam vs. Siskijou County, b6 Cal.

The term " compensation" means the income of the 620.

office, not the profit over and above tUe necessary ex- (d) Tlie amendment of a statute operates as an abso-

penses. Id. lute repeal of the old statute or section amended, even

A 1)1 rson who held and discharged the duties of In- if the amendm< ut takes nothing away from the old law,

specter of customs of the I'nited States under appoint- but merely adds a proviso in certain cases, billings vs.

ment of the collector at San Francisco, but whose ap- Harvey, (5 Cal. 381.

pointment was never approved by the secretary of the Where a law enters into and becomes a part of a con-

treasurj-; Held not to be ineligible to the office of dis- tract, it caiinot oe so altered or amended as to impair

trict judge. People vs. Turner, 20 Cal. 1-12. or destroy the righls of the parties. Smith vs. Curils,

{h) The power of controlling and dis|iosing of the 7 Cal .584.

revenue of the state is vested in the legislature. It is A st itute may be repealed by implication ; and where

within the power of the judiciary to declare the action a subsequent a<t is repugnant to a prior one. the last

of the legislature unconstitutional, where that action operates, without a repealing clause, as a repeal of the

exceeds the limits of the supreme law; but the courts first; and where two acts passed at diflerent times are

have no means and no powerto avoid the effects of non- not in tjrms reiDuguaiit. yet if it is clearly evident that

action. Jlyers vs. English, 9 Cal. 341. the last was intended as a revision or substitute of the

This clause means only that no money shall be drawn first, it will repeal the first to the extent in which its

excei^t in luirsuance of law. McCauley vs. Brooks, 16 provisions are re^•i6ed or substituted, Pierpont vs.

Cal. 11. Cronch, 10 Col. 315.

xxxii-xxxiii CONSTITrTION OF THE STATE OF CALIFOENIA.

Loiferies.

Sec. 27. No lottery sliall be aiitliorized by this state, nor shall the sale of
lottery tickets be allowed.

Census.

Sec. 28. The enumeration of the inhabitants of this state shall be taken,
under the direction of the legislature, in the year one thousand eight hundred
and fifty-two and one thousand eight hundred and fifty-five, and at the end of
every ten years thereafter; and these enumerations, together with the census
that may be taken, under the direction of the congress of the United States in
the year one thousand eight hundred and fifty, and everj" subsequent ten years,
shall serve as the basis of representation in both houses of the legislature.

Apportionment of legislators.

Sec. 29. The number of senators and members of assembly shall, at the first
session of the legislature, holden after the enumeration herein provided for and
made, be fixed by the legislature, and apportioned among the several counties
and districts to be established by law% according to the number of white inhab-
itants. The number of members of assembly shall not be less than twenty-
four, nor more than thirty-six, until the number of inhabitants within this state
shall amount to one hundred thousand; and after that period, at such ratio that
the wliole number of members of assembly shall never be less than thirty, nor
more than eighty.

xxxiii. Congressional, senatorial and assembly districts.

Sec. 30. When a congressional, senatorial, or assembly district, shall be
composed of two or more counties, it shall not be separated by any county
belonging to another district. No county shall be divided in forming a con-
gressional, senatorial, or assembly district, so as to attach one portion of a
county to another county; but the legislature may divide each county into as
many congressional, senatorial, or assembly districts, as such county may by
apportionment be entitled to. [Ameiulment, 2:)ro2}osed 18G1; ratified 'Sd Septem-
ber, 1802.^="
Cojporations.

Sec. 31. CorjDorations may be formed under general laws, but shall not be
created bj' special act, except for municipal purposes."" All general laws and
special acts passed pursuant to this section may be altered from time to time,
or repealed.

Dues.

Sec. 32. Dues from corporations shall be secured by such individual liability
of the corporators, and other means, as may be prescribed by law.^"'

Poicers and privileges.

Sec. 33. The term corporations as used in this article shall be construed to
include all associations and joint-stock companies, having any of the powers or

{a) Original Pt-ction: Corporations, txcept for niimicipnl puriiosfs, niUKt

Sec. lil). \\ ht-n a tontjTepsional.Bcnatorial or assembly be formed umlcr general laws, and can exercise no
district shall be composed of two or more counties, it powei 6 except such as are coufeired by general laws,
shall not be separated by any county belonging to San Francisco vs. Spring Valley W. W., 4K Cal. •193.
another district; and no county shall be divided in A private corporation to BUpi)ly a city with water can-
forming a congressional, senatorial, or assembly die- not be < reated by special act, nor can power to supply
trict. a city with water be conferred on a private corp ration

(//) The term "municipal" is limited to govern- by special act, San Francisco vs. Siiriug Val.ey \V. \V.,

mental, and cannot be extended to commercial pur- 48 Cal. 4!»U.

l>oses. Low vs. Marysville, i> Cal. 'iI4. (c) As to the power of the legislature to regulate the

Exdu.'-ive franchises and privileges may be conferred individual liability of stockholders in corporations,

by the legislature ui)on persons or corporations. Cali- see R <l)ins(m vs. Bidwell, 2'i Lai. :i79.

foniia Stiite Telegraph Comj/aDy vs. Alta Telegraph The legislature of IHlJl projjosed as an amendment to

Company, 22 Cal. ;>'J8. the constitution and as a portion of section .'ill to this

An act which purports on its face to be and is in article the abrogation and annulling of sections 32 and

fact a special act, cannot be converted into a general 'Mi; but the proposition was not adopted by the legisla-

act by a declaration of the legislature in anothi r act turo of 1802. See Statutes of 1801, Ul;2, and Statutes of

that it shall be considered a general act. San Francisco 1802, 582.
vs. Spring Valley W. \\ ., 48 Cal. 4U3.

CONSTITUTION OF THE STATE OF CALIFORNIA, xxxiii-xxxv

privileges of corporations not possessed by individuals or ])artncrsliips. And
all corporations shall have tlie right to sue, and shall be suljject to l)e sued, iu
all courts, in like cases as natural persons.

Baiild^ and bank circulafion.

Sec. 34. The legislature shall have no power to pass any act granting any
charter for banking purposes; but associations may be formed, under general
laws, for the deposit of gold and silver, but no such association shall make,
ii?sue, or put in circulation any bill, check, ticket, certificate, promissory note,
or other paper, or the paper of any bank, to circulate as money.

xxxiv. Banking privileges.

Sec. 35. The legislatu,re of this state shall prohibit, by law, any person or
persons, association, company, or corporation, fi'om exercising the privileges of
banking, or creating paper to circulate as money.

Individual liability of coryorators.

Sec. 3G. Each stockholder of a corporation, or joint-stock association, shall
be individually and personally liable for his proportion of all its debts and
liabilities.*"^

Organization of cities and villages.

Sec. 37. It shall be the duty of the legislature to provide for the organization
of cities and incorporated villages, and to restrict their power of taxation,
assessment, borrowing money, contracting debts, and loaning their credit, so
as to prevent abuses in assessments and in contracting debts by such municipal
corporations."'^

Legislative elections.

Sec. 38. In all elections by the legislature, the members thereof shall vote
viva voce, and the votes shall be entered on the journal.

Effect of amendments.

Sec. 39. In order that no inconvenience may result to the public service from
the taking effect of the amendments proposed to Article Four hj the legislature
of eighteen hundred and sixty-one, no officer shall be suspended or superseded
thereby until the election and qualification of the several officers provided for
in said amendments. [Amendment, proposed 18G1; ratified Zd September, 1862.

AETICLE V.

EXECUTIVE DEPARTMENT.

XXXV. Governor.

Section 1. The supreme executive power of this State shall be vested in a
chief magistrate, who shall be styled the governor of the State of California.

Election and term.

Sec 2. The governor shall be elected by the qualified electors at the time
and places of voting for members of the assembly, and shall hold his office four
years from and after the first Monday in December subsequent to his election,

(a) Legislation is necessary to give practical effect The fact that the legislature has once excrcisoil its

to this provision, and without the aid of legislation it powers iu liuiitiug the extent of taxation iu luuuicipal

is inoperative. Trench vs. Teschemaker, 24 Cal. 518. corporations does imt i revent llic l(;,'islaturefroni again

[h) The proposed Central Pacific Raih-oad, leading exercisingitspower by enlarging the authority to tax. Id.
from Sacramento, the easlern portion of the state, is so The legislature may authori/r a municipal corpora-
far a public improvement and sufficiently for the appa- tion to pay claims invalid iu law, but equitable and
rent iiiterest of Sacramento that a law authorizing the just in tliemselves. Id.

municipality to become a stockholder i* i.ot unconsti- The words "taxation" and •' assessment " do not

tutional. as imposing a tax upon a local community for have the same signification. The h gislature can have

an improvement in which it has no peculiar inti-rest. nothing to do with the mode of enforcing the taxing

Robinson vs. Hidwell, 22 Cal. 379. power, represented by the word " assessment," except

The powers of a municipal corj^oration may be in- while working under this provision of the coustitutiou.

creased, restricted or rejiealed by the legislature at Taylor vs. Palmer, 131 Cal. 240.
Will, saving only vested rights. Blauding vs. Burr, 13
Cal. 343.

4 49

xxxv-xxxvii CONSTITUTION OF THE STATE OF CALIFOKNIA.

and until his successor is elected and qualified. [Amendment, proposed 1861;
ratified M September, 1862/"^

Qucdi/ications.

Sec. 3. No person shall be eligible to the office of g-overnor (except at the
first election) who has not been a citizen of the United States, and a resident of
this State, two years next preceding the election, and attained the age of twenty-
five years at the time of said election.

Returns of election.

Sec. 4. The returns of every election for governor shall be sealed up and
transmitted to the seat of government, directed to the speaker of the assembly,
who shall, during the first week of the session, open and publish them in pres-
ence of both houses of the legislature. The person having the highest number
of votes shall be governor; but in case any two or more have an equal and the
highest number of votes, the legislature shall, by joint vote of both houses,
choose one of said persons, so having an equal and the highest number of votes,
for governor.
xxxvi. Commander-in-chief ^

Sec. 5. The governor shall be commander-in-chief of the militia, the army
and na^y of this State .

Executive business.

Sec. 6. He shall transact all executive business with the officers of govern-
ment, civil and military, and may require information in writing from tlie
ofiicers of the executive department, upon any subject relating to the duties of
their respective offices.

Execution of laws.

Sec 7. He shall see that the laws are faithfully executed.

Filling vacancies.

Sec 8. "When any office shall, from any cause, become vacant, and no mode
is provided by the constitution and laws for filling such vacancy, the governor
shall have power to fill such vacancy by granting a commission, which shall
expire at the end of the next session of the legislature, or at the next election
by the people. ^"^
S2:>ecial sessions oflerjislature.

Sec 9. He may, on extraordinaiy occasions, convene the legislature hy proc-
lamation, and shall state to both houses, when assembled, the purpose for
which they shall have been convened.

xxxvii. Executive messages.

Sec 10. He shall communicate by message, to the legislature, at every
session, the condition of the state, and recommend such matters as he shall
deem expedient.

(a) Original Bection: As to what constitiites a vacancy, conBult Ryder vs.

Sec. 2. The Koveruorghall be elected by the quaHfied Mlzuer. 7 Cal. .")1'.», and Aylett vs. Langdon. 8 Oal. 1.

tIectorB, at the linie aud i. luces of voting for members A person appointed by the governor to fill a vacancy

of assembly, and shall hold his office two years from in the office of superintendent of immigration for Sau

the time of his iustallation and until his successor Francisco 1= entitled to hold until a new appointment

shall be qualified. by the governor and senate The governor cannot, after

(h) This jjower in the governor is limited by the the coimuission is issued, revoke it; and the appointee

period when the people or the legislature can elect or CHniiot be disiurbcd until the office is filled pursuant

appoint; on the arrival of which his power ceases, to statute. Wetherbee vs. Cazneau, 20 Cal. •'iOS.

Casserly vs. !• itch, 1 Cal. 51'.». This section applies only to those cases of vacancies

A constitutional officer cannot be divested of his of- for filling which no other mode is provided " by the

flee otherwise than as prescribed by the constitution, constitution and laws," and has no ai)idicatioii to va-

Doubt expre-sed as to whether the absence of a judge cancies the mode of filling wlii' h is provided by the

trom the state is such a vacancy as can be supplied by law of April 28, 1H.">1, concerning ofiicers. Id.

the executive. People vs. Wells, 2 Cal. 198. When th«re is a person in possession of nn office,

Where there is a failure to fill an elective office on the who is expressly Huthori/.ed by statutes or constitution

expirat.on of a term, though the incumbent holds un- to discharge its duties temporarily, till the electing or

til his successor is appointed aud qualifies, the office appointing power can regularly act, tht^re is no vacancy

becomes de jure vacant, aud can be filled by the gov- within th" meaning of the constitutional clause. Peo-

emor. T.angdon vs. lieid, :> Cal. 2«b. pie vs. Tilton .u Cul. lUl.

CONSTITUTION OF THE STATE OF CALIFORNIA, xxxvii-xxxviii

Adjournment of legislature.

Sec. 11. In case of a disagreement between the two houses, with respect to
the time of adjournment, the governor shall have power to adjourn the legis-
lature to such time as he may think proper; provided it be not bejond tlie time
fixed for the meeting of the next legislature.

Dis^ahilities.

Sec. 12. No person shall, while holding any office under the United States,
or tins state, exercise the office of governor, except as hereinafter expressly
provided.

Reprieves and pardons.

Sec. 13. The governor shall have the power to grant reprieves and pardons
after conviction, for all offenses except treason and cases of impeachment, ujjon
such conditions, and Avith such restrictions and limitations, as he may think
proper, subject to such regulations as may be provided by law relative to the
manner of applying for pardons. Upon conviction for treason, he shall have
the power to suspend the execution of the sentence until the case shall be re-
ported to the legislature at its next meeting, when the legislature shall either
pardon, direct the execution of the sentence, or grant a further reprieve. He
shall communicate to the legislature, at the beginning of every session, every
case of reprieve or pardon granted, stating the name of the convict, the crime
of which he was convicted, the sentence and its date, and the date of the pardon
or reprieve.

Seal of state.

Sec. 14. There shall be a seal of this state, which shall be kept by the gov-
ernor, and used by him officially, and shall be called " The Great Seal of the
State of California,"

xxxviii. Grants and commissions.

Sec. 15. All grants and commissions shall be in the name and by the authority
of the people of the State of California, sealed with the great seal of the state,
signed by the governor, and countersigned by the secretary of state.

Lieutenant-governor.

Sec. 16. A lieutenant-governor shall be elected at the same time and places,
and in the same manner as the governor; and his term of office, and his qualifi-
cations of eligibility, shall also be the same. He shall be president of the senate,
but shall only have a casting vote therein. If, during a vacancy of the office of
governor, the lieutenant-governor shall be impeached, displaced, resign, die, or
become incapable of performing the duties of his office, or be absent from the
state, the president of the senate shall act as governor until the vacancy be
filled or the disability shall cease.

WJien duties of governor to devolve on lieutenant-governor.

Sec. 17. In case of the impeachment of the governor, or his removal from
office, death, inability to discharge the powers and duties of the said office,
resignation, or absence from the state, the powers and duties of the office shall
devolve upon the lieutenant-governor for the residue of the term, or until the
disability shall cease.'"* But when the governor shall, with the consent of the
legislature, be out of the state in time of war, at the head of any military force
thereof, he shall continue commander-in-chief of the military force of the state.

(a) When the constitution clearly enumerates the governor) all other causes of vacuncy are excluded,
events that shall constitute a vacancy in a particular Melouy vs. Whitman, 10 Cal. iiS.
office (as it is held to do here in regard to the office of

xxxviii-xl CONSTITUTION OF THE STATE OF CALIFORNIA.

Other state officers.

Sec. 18. A secretaiy of state, a controller, a treasurer, an attorney-general,
and a surveyor-general, shall be elected at the same time and places, and in the
same manner as the governor and lieutenant-governor, and whose term of office
shall be the same as the governor/*^ [Amendment, proposed 1861; ratljied 3t?
September, 1862..^^'

Duties of secretary of state.

Sec. 19. The secretary of state shall teep a fair record of the official acts of
the legislative and executive departments of the government, and shall, when
required, lay the same, and all matters relative thereto, before either branch of
the legislature, and shall perform such other duties as may be assigned him by
law; and in order that no inconvenience may result to the public sei'vice, from
the taking effect of the amendments proposed to said Article Five by the legisla-
ture of eighteen hundred and sixty-one, no officer shall be superseded or sus-
pended thereby, until the election and qualification of the several officers
provided for in said amendments. [Amendment, proposed 1861; ratified 3fZ
September, 1862.'<=^

xxxix. Election of state officers.

Sec 20. The controller, treasurer, attorney-general, and surveyor-general,
shall be chosen by joint vote of the two houses of the legislature, at their first
session under this constitution, and thereafter shall be elected at the same time
and places, and in the same manner as the governor and lieutenant-governor.

Compensation.

Sec 21. The governor, lieutenant-governor, secretary of state, controller,
ti-easurer, attorney-general, and surveyor-general, shall each, at stated times
during their continuance in office, receive for their services a compensation,
which shall not be increased or diminished during the terai for which they shall
have been elected; but neither of these officers shall receive for his own use
any fees for the performance of his official duties. ^''^

ARTICLE VI.

JUDICIAL DEPARTMENT.

xl. Judicial poioer.

Section 1. The judicial power of this state shall be vested in a supreme court,
in district courts, in county courts, in probate courts, and in justices of the
peace, and in such recorders and other inferior courts as the legislature may

(a) The coneUtutloDal policy Is that all elective of- (r) Original Bectlon:

flcere connected with the extcutive ciepurtiuentB tliall Skc. 1!». The secretary of Blate f-hall be appointed by

be elected bif-n»lally at the same time and place and the governor, by and wiih the advice and consent of

in the same manner. An apiiJufnient if a controllir the senate. He shall keej) a fair record of the otVu ial

by the governor before this election cimni't defeat this acts of the letjisliitive and execulive departments of

policy, nor deprive the pe pie of their right to fill the tlie govemmiiit, and shall, when required, lay the

oflBce of controller at such election, trooks vs. Melony, saiiie, and all matters ulative thereto, before either

1.) Cal. .08. branch of tlie IcgiKlature; and shall perform euch other

('() Original Bection: duties as shall be nssi^;ned him by law.

btc. IH. A secretary of state, a controller, a treasurer, {(I) Tlie constitution is silent with res-pect to the du-

an attoniey-general, and surveyor-general, shall be ties to be leriurmed bj the attorney general, secretary

chosen in the manner provided in this constitutiou; of state, controlli rand treasurer, and in assigning their

and the term of otHce, and eligibility of each, ^hall be duties the legislature has a -wide discretion; but a lim-

'he same aB are prescribed by the governor and lieu- itation on this discretion is Implied from the nature of

tenant-governor. these o&^ces. Love vs. Baehr, 47 Cal. 364.

CONSTITUTION OF THE STATE OF CALIFOKNIA. xl

establish in any incorporated cit}' or town.'"^' \AmcH(lme^-U, proposed 1861 ; ratified
'M September, 18(12}"''

Supreme court.

Sec. 2. The supreme court shall consist of a chief justice and four associate
justices. The presence of three justices shall be necessary for the transaction
of business, excepting- such business as may be done at chambers, and the con-
currence of three justices shall be necessary to pronounce a judgment. [Amend-
ment, proposed 18G1; ratified Zd September, 1862.^"^
Election of supreme judges.

Sec. 3. The justices of the supreme court shall be elected by the qualified
electors of the state at special elections to be j)rovided by law, at which
elections no oJBficer other than judicial shall be elected, except a superintendent
of public instruction. The first election for justices of the supreme court shall
be held in the year eighteen hundred and sixty-three. The justices shall hold
their offices for the term of ten years from the first day of January next after
their election, except those elected at the first election, who, at their first meet-
ing, shall so classify themselves by lot, that one justice shall go out of office
every two years. The justice having the shortest term to serve shall be the
chief justice. [Amendment^ proposed 1861; ratified Zd September , 1862."^'

Jurisdiction of supreme court.

Sec, 4. The supreme court shall have appellate jurisdiction in all cases in
equit}^; also, in all cases at law which involve the title or possession of real
estate, or the legality of any tax, impost, assessment, toll, or mumcii^al fine,
or in which the demand, exclusive of interest, or the value of the property in
controversy, amounts to three hundred dollars; also, in all cases arising in the
j)robate courts; and also, in all criminal cases amounting to felony, on ques-
tions of law alone. The court shall also have power to issue writs of manda-
mus, certiorari, prohibition, and habeas corpus, and also, all writs necessary or
jiroper to the complete exercise of its ap2:»ellate jurisdiction. Each of the jus-
tices shall have jiower to issue writs of habeas corpus to any part of the state,
upon petition on behalf of any person held in actual custody, and may make
such writs returnable before himself, or the supreme court, or before any dis-
trict court, or any county court, in the state, or befoi'e any judge of said coui'ts.
[Ameiidmetd, proposed 1861; ratified Zd September, 1862.'"'

(a) Each branch of iiie judicial department has its The eonstitnti"u not having defined the jurisdiction

functi Bs jiBsigni'd by the constitution, and is beyond of the municiiJal courts authorized to be established,

-"the control of either of the other departments of the it is left to be regulated bj- the legislature under its

government. Parsons vs. luolunine County Water Com- general powers. Id.

pany, 5 Cal. 43. The municiiial criminal cou't of San Francisco is a

The legislature cannot confer on one court the funo- constitutional court. People vs. Myland, 41 Cal. 12'J.

tions and powers which the constitution has conferred (b) Original section:

on another; consequently a law vesting justices of the Section 1. The judicial power of this state shall be

peace with juris iiction where the aiuouut in contro- vested in a supreme court, in district courts, in county

versy amounts to that over which district cuurts have courts, and in justices of the p. ace. The lejiislature

j irisdiction is unconstitutional. Zander vs. Coe, 5 may also establish such municipal and other inferior

Cal. 2:i0. courts as miy be deemed necessary.

Under the piwer " fo establi-h such municipal and (t) Original section:

other inferior coui-ts as may be necessary," the courts Sec 2. The supreme court shall consist of a chief

thus creat-d could only be of inferior, limited and spe- justice and two associate justices, any two of whom

cial jurisdiction. Ttie old suiierior c u t of San Iran- shall constitute a quorum.

<;isco could, therefore, not be vested with jurisdiction (d) Origin:! section;

so as to let its powers run beyond its territory. Meyer Skc. 'A. The justices of the supreme court shall be

vs. Halkman, ti Cal. .582. elected at the general election, by the qualitiod electors

The purpose and effect of the amendment of .Article of the state, and shall hold their ofhte for the term of

VI is not to susi^eud the administration of any portion six years from the first day of January next after their

■of the laws of the state, but to ijrovide a judiciary sys- election: jirovided that ihc :egi!^lature shall, at its first

tem which will go inio oiieration when the necessary meeting, elect a chief justice and two associate justiies

officers shall be elected pursuant to laws to be hereaf- of the suireme court, by joint voti; of both houses, and

ter enacted, and to contiuu" the forua«r judiciary sys- so classify them that one shall go out of office eveiy

tem in force until the new one shall be in a condition two j-ears. After ihe first el ction. the senior justice

to exercise its functions. The old provisions cease to in commission shall be the chief justice.

have effect from time to time as the substituted prov s- (c) Original section:

ions commence to operate. Ex parte Carlos Oliverez, Sec. 4. The supreme court shall hjvve appellate juris-

21 Cal. 415. diction in all cases when the matter in dispute exceeds

The term "municipal cojirts " has a legal meaning two himdred dollars, when the legality of any tax. toll,

and includes mayors' and recorders' courts. Urid'^is or impost, or municipal fine is in qtiestion, and in all

vs. Morrill, 22 Cal. 473. criminal cases amounting to felony or questions of law

xli

CONSTITUTION OF THE STATE OF CALIFORNIA.

xli. Judicial dislrivts — Di^lricf jiidr/rs.

Sec. 5. The state shall he divided hj the legislature of eighteen hundred and
sixty-three, into fourteen judicial districts, subject to such alteration from
time to time, b}' a two thirds vote of all the members elected to both houses, as
the j)ublie good may require; in each of which there shall be a district court,
and for each of which a district judge shall be elected by the qualified electors
of the district, at the special judicial elections to be held as provided for the
election of justices of the supreme court by section three of this article. The
district judges shall hold their offices for the term of six years from the first
day of January next after their election. The legislature shall have no power
to grant leave of absence to a judicial officer, and an}- such officer who shall
absent himself from the state for upwards of thirty consecutive days shall be
deemed to have forfeited his office. [Amendment, proposed 18G1; ratified SJ Sep-
temher, 18G2.^'')

alone. And the said conrt. and each of the justices
thereof, as well as all district and county judges, iehall
have power to issue writs of habeas coriius -at i\i<^ m-
i-tauce of any person held in iictual custody. They
i-hall also have j)ower to issue all other writs and i^ro-
CC-P6 necessary to the exercise of their appellate juris-
diction, and shall be conservators of tlie peace tii rough-
out the state.

The supreme court being created hy the constitution,
and its powers bring therein defined, the jurisdiction
therein conferred must be taken as exclusive; hence,
under the original section it was held that it had no
original jurisdiction, except in cases of habeas corpus,
and could not issue a quo warranto. Attorney-General
ex i^arte, 1 Cal. 85.

>or could it issue a certiorari. Warner vs. Hall, 1
Cal. 90.

But it could exercise its appellate powers by means
of niandiimus, and it seems, of certiorari, &c. Feople
vs. Turner, 1 Cal. 1«; White vs. Lighthall, 1 Cal. ■Ail;
see Cowell vs. Kuctelew, U Cal. 6-10.

No appeal lay from the judgment of a district court
on an appeal from an order of the court of hessions
upon an application for a ferry license. 2 Cal. VA'A.

Held that the supreme court had power to issue a
vrit of error to a county couit, where tbe supreme
couit had jurisdiction of the subje< t-m; tter. and thi re
Was no express provision by law by which the case
cuuld be brought up. Adams & Co. vs. Town, 3 Cal.

'] his court has no appellate jurisdiciion in cases of
misdemeanor or crimes of a less degree th n felony,
and no jurisdiction can be conferred by the legislature.
I'eop e vs .\pplegate, ■') Cal. 295; People vs. bhear, 7
Ch:. 1:.9; People \s Vick, 7 Cal. ir,5.

The KuiJreuie court has no power to naturalize. Ex
parte Frank Knowles, 5 Cal. 3i0.

A writ of error will lie only in cases where no appeal
is given by statute. Where an appeal is given, that
remedy is exclusive. Haight vs. Gay. 8 Cal. 'iO".

Tlie supr.-me couit jjossesses i piiellate jurisdiction
in all cases, except as provided in the constitution; it
conse(|i:( ntiy has iippellate jurisdiction in divor».e
«^apes. Connnt vs. (.'onant, 10 Cal. 2-19.

Jurisdiction on appeal will not be entertained where
the record (in a suit for damages) fails to show that
the matter in dispute exceeds S2u0. Doyle vs. Seawall,
12 Ciil. 280.

'I he words "matter in dispute" menn tbe subject
of litigation. Cost« form no ) art of it. Dumphy vs.
Guindon, 1:< Cal. 28; Votau vs. Reese. 20 Cal. K!).

\Vhee suit was brought for f2(10 and defendant
phaded a set-off of $125: Held, that the matter in dis-
pute did not exceed $200. Simmons vs. Brainard, 14
Cal. 278.

Where there was a judgment for plaintilf agiiiiist de-
fendant for $000, and di^fendant. having a judgment
against plaintiff" for $110 in another court, moved to
set it off. which was denied: Held on axji>eal of the
motion that the matter in dispute did not exceed $200.
Craiidell vs. Elen, 15 Cal. 40(>.

Some offenses may be punished either as felonies or
inisdememors, and in such cases the itunishiiieiit in-
flicted must determine the grade of the offense. If the
l)unishment is a fine for a misdemeanor, though it ex-
ceeds .$200, the supreme court has no ajjpellate juris-
diction. People vs. Cornell, 10 f;al. 1S7.

The half pilotage allowed by the twenty-third section
of the act of March 29, 1856, relating to pilots, is not

a " toll" within the meaning of the constitution. Har-
rison vs. Green, 18 Cal. 94.

Where the matter in dispute does not exceed the con-
stitutional sum, the supreme court has no appellate
jurisdiction, though the demand is secured by a me-
chanic's lien or a mortgage, of which a foreclosure is
sought in the same case, roland vs. Cairigan, 20 Cal.
174.

The supreme court could not, under the original
article, issue the writ of certiorari except in aid of its
appellate jurisdiction; consequently the provision of
section 456 of the practice act held not to apply to it.
Miliken vs. Huber, 21 Cal. 169.

Where in an acticm of forcible entry and detainer,
plaintiif had judgment in a justice's court for $■. 0 dam-
ages and $20 line and costs, from which defendant
appealed to the county couit, where the action was dis-
missed and afti rwards a new trial granted: Held that
it was doubtful whether the supreme conrt had juris-
diction of an appeal from the order. Quinn vs. Kenyon,
22 Cal. 82.

Under the constitution as amended, the supreme
court has original jurisdiction to issue writs of man-
damus, certiorari, prohibition and habeas corpus.
Tyler vs. Houghton, 25 Cal. 20.

A fine imposed by the county court for wrongfully
demanding and collecting toll for the privilege of pass-
ing over a road, is not a "municipal fine" within tbe
meaning of the constitxition. People vs. Johnson, 30
Cal. 98.

The words "cases at law" refer to civil as distin-
guished from criminal cases. People vs. Johnson, 30
Cal. 9s.

The supreme court has constitutional jurisdiction of
an appeal from the county court in a contested election
case. Knowles vs. Yeates, 31 Cal. 82; Day vs. Jones,
31 Cal. 201.

[a] Original section:

Sec. 5. Tbe state shall be divided by the first legis-
lature into a convenient number of districts, subject to
such alteration from time to time as tbe i)ublic good
may require, for each of -which a district jtidge shall be
appointed by the joint vote of the legislature at its
first meeting, who shall hold his office for two years
from the first rliiy of Jannarj- next after his election ;
after which said judges shall be elected by the qualified
electors of their re>pective districts, at the geieral
election, and shall hold their office for the term of six
years.

An act of the legislature, by which a district judge
of one district is empowered to hold a district court in
another district, is not unconstitutional. People vs.
McCauley, 1 Cal. 379.

An election for district judge at the general election
of 1858, when the thi n incumbent's otti' e was not to
expire until 1801: Held unauthorized. Brodie vs. Wel-
ler, 11 Cal. 77.

When a district judge is elected by the people on the
occasion of a vacancy, he is elected for a full term, and
this, though the proclamation of the governor is for the
unex|iired term. '1 he legislature can direct the time
and prescribe the manner of electing di-trict judges,
but cannot change tbe tenure of tbe office. Peoijle vs.
liurbank. 12 Cal. 378.

This iirovision does not restrict the number of ju-
dicial districts to fourteen; it means that the legisla-
ture may alter their numbir as well as their extent.
People vs. Sassovich, 29 Cal. 480.

CONSTITUTION OF THE STATE OF CALIFORNIA. . xli

Jurisdiction of diHirid courts.

Sec. G. The district courts shall have original jurisdiction in all cases in
equity; also, in all cases at law which involve the title or possession of real
i:)roperty, or the legality of any tax, impost, assessment, toll, or municipal fine,
and in all other cases in which the demand, exclusive of interest, or the value
of the property in controversy, amounts to three Iiundred dollars; and also in
all criminal cases not otherwise provided for. The district courts and their
judges shall have power to issue writs of habeas corpus on petition by or on
behalf of any person held in actual custody in their respective districts.
[Amendment, proposed 18G1; ratified M September, 1802.^"'
County courts and county judges — Probate judge in San Francisco.

Sec. 7. There shall be in each of the organized counties of the state a county
court, for each of which a county judge shall be elected by the qualified electors
of the county, at the special judicial elections to be held, as provided for the
election of justices of the supreme court by section three of this article. The
county judges shall hold their offices for the term of four years from the first
day of January next after theii* election. Said courts shall also have power to
issue naturalization 2^apers."'^ In the city and county of San Francisco the
legislature may sej^arate the office of probate judge from that of county judge,
and may provide for the election of a probate judge, Avho shall hold his office
for the term of four years. [Amendment, proposed 1861; ratified %d September ,
1SG2."^>

Jurisdiction of county courts.

Sec. 8. The county courts shall have original jurisdiction of actions of forcible
entry and detainer, of jn-oceedings in insolvency, of actions to prevent or abate
a nuisance, and of all such special cases and proceedings as are not otherwise
jDrovided for; and also, such criminal jurisdiction as the legislatiu'e may j^re-
scribe; they shall also have appellate jurisdiction in all cases arising in coui-ts
lield by justices of the peace and recorders, and in such inferior coui-ts as may
be established, in jiursuance of section one of this article, in their resjiective
counties. The county judges shall also hold in theii' several counties probate
courts, and perform such duties as probate judges as may be prescribed by law.

(a) Original section: recover damages for trespass upon lands, regardless of

Sec. 6. The district courts shall have original juris- the amount of damages claimed. Holman vs. 'Jaylor,

dictiou, in law and equitj', in all civil cases where the 31 Cal. 338.

amount in dispute exceeds two hundred dollars, ex- Since the amendment of this section district courts

elusive of interest. In all criminal cases not otherwise have no jurisdiction to try issues framed in probate

provided for, and in all issues of fact joined in the pro- courts; and an act attempting to confer such jurisdic-

bate courts, their jurisdiction shall be unlimited. tion is void. Matter of Will of Bo^ven, .34 Cal. t;H2.

The jurisdiction of district courts is confirmed and It is the intention of this clause to give the district

defined by the constitution, and no statute can deprive courts exclusive jurisdiction in those casts only in

them of their powers. Consequently tliey have juris- which the rirjht to the possession is involved. Pollock

dictiou of mining claims if the amount in coniro- vs. Cummings, b8 Cal. 083.

versy is sufficient, though the legislature says tlint The constitutional jurisdiction of the district courts

justices of the peace shall have jm-isdictiou of min- in " equity cases" does not prevent the legislature from

ing claims. Hicks vs. Bell, 3 Cal. 219; freeman vs. prescriljiug the procedure by wliich such jurisdiciion

Powers, 7 Cal. 104. is to be exercised, unless the regulations substantially

When the principal sum sued for is less than S200, impair the constitutional power of the court or pi ac ti-
the district court has not jurisdiction. Arnold vs. Van cally defeat its txercifC. Ex parte Barker, 4'.l Cal. 4io.
Brunt. 4 Cal. 89. (b) In regard to tliis section, it is to be noted that the

nistrii t courts have no appellate jurisdiction. Eeed clause relating to naturalization papers was not a part

%'S. McCormick, 4Cal. 342. of the section as proposed by the legislature of ISGl

District courts may render judgment for less than (see 1861, 6r.4). It will further be noted that the clause

$200. Jackson vs. Whartenby, 5 Cal. 94. relating to the probate judgeship in the cty and county

A law vesting justices of the pe ice with jurisdiction, of San Francisco, formed a part of the eightli section

where the amount in dispute exceeds the sum specified and not of the seventh in the amendments propipsed in

in the constitution, is void. Zander vs. Coe, 5 Cal. 230. 18fU. The legislatin-e of 1802 (see 1802, 584) changed

The district judge while sitting in an equity case is and declared adopted the amendments as aljove given

possessed of all the powers of a court of chancery, in the text. It will, however, be further noted that the

Sanford vs. Head, 5 Cal. 297. amendments in regard to the judicial department are

The district courts have " original jurisfliction in all to the entire Article VI, and not to the separate sections,

cases in equity," and a statute depriving them of that (r) The seventh section of the original .\i-tic e was:

jurisdiction or transferring it to any otlier court is un- Sec. 7. The legislature thall provide forthe election,

constitutional and void. Willis vs. Farley, 24 (^al. 4'.i0. by the people, of a clerk of the supreme court, and

The district courts have original jurisdiction to issue county clerks, district attorniys. sheriffs, coroners, and

•writs of mandamus, certiorari, prohibition and habeas other necessary officers; and shall fix by law their du-

corpus, notwithstanding the supreme court has like ties and compensation. County clerks shall be, ex

jurisdiction. Perry vs. Ames, 20 Cal. 372. officio, clerks of the district courts in and lor their

Xhe district courts have jurisdiction of all actions to respective counties.

xli-xlii COXSTITUTION OF THE STATE OF CALIFOEXIA.

The coiiuty coui-ts and their judges shall also have power to issue "writs of
habeas corpus, on petition by or on behalf of any person in actual custody iu
theii- respective counties. [Ameiuhnent, proposed 1861; ratified Sd September,
1862/^^

Jasfices of the peace — Proviso.

Sec. 9. The legislature shall determine the number of justices of the peace to
be elected in each city and township of the state, and fix by law their powers,
duties, and resiDonsibilities; provided, such powers shall not in any case trench
upon the jurisdiction of the several courts of record. The supreme coiu-t, the
district courts, county courts, the probate courts, and such other courts as the
legislature shall j^rescribe, shall be courts of record. {x\inendment, proposed
1861; ratified M September, 1862."^

xUi. Jurisdiction of recorders' and other inferior municipal courts.

Sec. 10. The legislature shall fix by law the jurisdiction of any recorder's, or

(a) Eiglitli section of original article:
Skc. 8. There shall be elected iu each of the organ-
ized couDties of this state, one county judge, whso
shall hold his office for four years. He shall hold the
county coiu't and perform the duties of surrogate or
probate judge. The county judge, with two justices of
the x>eace, to be designated according to law, shall hold
courts of sessions, with such criminal jurisdiction as
the legislature shall prescribe, and he shall perform
such other duties as shall be required by law.

The term •' special cases" does not include any class
of cases for which courts of general jurisdiction have
always supplied a remedy; it must be confined to such
new cases as are the creation of statutes. Parsons vs.
Tuohimne County Water Company, 5 Cal. 43.

Held, under the original section, that justices of the
peace were not to be regarded as supernumeraries to the
court of sessions, but necessary officers, who had to
begin with and continue through a trial. People vs.
Ah Chung, 5 Cal. 103.

Held, under the ninth section of the original article,
that the county court had no jurisdiction to enforce a
mechanic's lien where the amount iu controversy ex-
c. eded S200. Brock vs. Bruce, .5 Cal. 279.

The constitution cannot be construed t) confer ex-
clusive original jurisdiction in all special ra>es upon
< ounty courts. Justices' courts have jurisdiction in
cases of forcible entry. O'Callaghau vs. Booth, 6 Cal.
03: Small vs. Gwinn, 6 Cal. 447.

Insolvency cases are "special cases;" and it was an
exercise of legitimate power in the legislature to confer
jurisdiction iu such cas-s upon both county and district
courts. Harper vs. Freelon, 0 Cal. 7Ci.

The grant of authority to county judges to award in-
junctions iu cases brought iu district courts is not
trenching upon the limits of jurisdiction of any of the
courts; it is a mere jjower to issue proce-ss auxiliary to
the proper jurisdiction of the district courts. Thomp-
son vs. Williams, 6 C.l. 88.

The act of March 27,1850. conferring upon the county
court the x)ower of incorporating towns, was uncon-
stitutional. Legislative fimctions cannot be exercised
by the judiciary. People vs. Nevada, 6 Cal. 143.

Under the act to reorganize San Mateo County (1857,
22'2) an election was held, and Fox was elected county
judge. There was no ijroclamation of the governor for
the election. At tlie general ilectiou iu lx."i8 an elec-
tion was lield pursuant to i>roclamation, and Templeton
was elected to the same office: Held, that Fox was en-
titled to th" office for a term of four years, commencing
from th<' time of his as.'^umption of the office. Fox vs.
Te)npleton, 12 Cal. 394.

The act giving jurisdiction over the subject of con-
tested elei tioub to the county judge is constitutional;
it is one of the " special cases" provided for. Saunders
Vis. Hayues, 13 Cal. 14.'5.

The county judge may grant an injunction in cases
in the district courts, but he cannot appoint a receiver;
at lea^t not as a tiling distinct from the injunction,
liuthrauffvs. Kresz, 13 Cal. 039.

The legi--lature may fix the commenceoient of the
term and also the time of election of a county judge,
but an act limiting the term to anything less than four
years is void pro tanto. Wchtbrook vs. liosborough, 14
Cal. l.HO.

Wlicre an incumbent resigns before the expiration of

his term, there is a vacancy to be filled by the governor;

and his appointees hold until the next general election,

and until his succtF-or fjualifies. Id.

An election to fill such a vacancy is a special elec-

tion, and the governor's proclamation is essential to its
validity. Id.

The statute giving to county courts jurisdiction in
proceedings by mandamus is not unconstitutional
Jacks vs. Day, 15 Cal. 91.

The proceedings before the coriJorate authorities of
the town, or the county coiu-t, provided for by the act
of January 24, 18(J0, regulating the mode of settling
claims to lots iu town sites situated on public lands in
Bumboldt County, is a " special case" within the mean-
ing of the constitution. Ricks vs. Reed, 19 Cal. 551,

A i^roceeding to enforce a mechanic's lien under the
mechanic's lien law of 1861 is a "special case" of
which the legislature might proiierly give jurisdiction,
to the county court under the constitution. McNiel vs.
Holland, 23 Cal. 144.

The statutory iiroceeding for contesting an electioa,
as provided for in the act of 1850, was a " special case."
Dorsey vs. Barry, 24 Cal. 449.

The grant to the county court of jurisdiction to pre-
vent or abate nuisances, docs not deprive the district
courts of concurrent juri-diction under their equity
powers. Courtwrigbt vs. Bear River & Auburn W. & M.
Co., 30 Cal. .573.

The constitxUion does not confer on the jsrobate court
jurisdiction of all matter.s relating to the estates of
deceased persons, but of such matters only as the statute
directs it to exercise jurisdiction over. Bush vs. Lind-
Bey. 44 Cal. 121.

The constitution has left to the legislature to deter-
mine v/hether juri-diction over any special case shall
be vested in the county court or some other court.
Matter of Marks, 45 Cal. 199.

Writs of mandate are not " special cases" within the
meaning of the constitution. People vs. Kern Count.. ,
45 Cal. 679.

An act attemi)ting to confer power on the county
coiu-t to issue writs of mandate is imconstitiitiouaL
Peox^le vs. Kern County, 45 Cal. 679.

Proceedings for tlie condemnation of water to supply
cities wiih x>ure water, and the right of way to conduct
it, are "special cases." Spencer Creek Water Co. vs.
Vallcjo, 48 (;al. 70.

The legislature cannot confer jurisdiction of " siwcial
cases" upon the county judge, but only upon one of the
courts mentioned in the constitution. Spencer Creek
Water Company vs. V'allcjo. 48 Cal. 70.
(h) Ninth section of original Article:

Sec. 9. The county courts shall have such jurisdic-
tion, in cases arising in justicts' courts, and in special
cases, as the legislature may prescribe, but shall have
no original civil jurisdictiun, except in such siJecial
cases.

The jurisdiction of justices of the peace is limited
to cases in which the value of the thing in controversy
does not exceed the sum specified, except in proceed-
ings under the statute concerning f orcibl.; entry. Wlu u
the thing in dis;nite, though a mining claim, is worth
more than tliat unii, the justice has no jurisdiction.
Freeman vs. Powers, 7 Cal. 104.

Under the ninth section of the original Article: Held,
that the county court had the sole appellate jurisdic-
tion in all cast s, civil and criminal, arising in justices'
courts; and th .t the court of sessions had no appellate
jurisdiction. People vs. Fowler, 9 Cal. 85.

The act of April 27, 1863, " concerning the unlawful
holding ovtr of lands, teneimnts and otlier jiosscs-
Bions," and atlemi>ting to vest jurisdiction of holding-
over casen in justices of the peace, was unconstitutional.
Caulfleld vs. Stevens, 28 Cal. 118.

CONSTITUTION OF THE STATE OF CALIFORNIA, xlii-xliii

other inferior municipal court, wliicli maybe established in pursuance of section
one of this article, and shall fix by law the powers, duties and responsilnlities
of the judges thereof. [Amendment, jjvoposed 18G1; ratiJiedZd September , 18G2.""

Clerk of supreme court — Gounli/ officers.

Sec. 11. The legislatiu-e shall jirovide for the election of a clerk of the
supreme court, county clerks, district attorneys, sherifls and other necessaiy
officers, and shall fix by law their duties and compensation. County clerks shall
be ex officio clerks of the coui'ts of record in and for their respective counties. ^"^
The legislature may also provide for the appointment by the several district
courts of one or more commissioners in the several counties of their respective
districts, with authority to perform chamber business of the judges of the dis-
trict courts and county courts, and also to take depositions and to perfomi such
other business connected with the administration of justice as may be prescribed
by law. [Amendment, proposed 1861; ratified 3d September, 1862,^"'

Ter)iis of courts.

Sec. 12. The times and places of holding the terms of the several courts of
record shall be provided for by law. [Amendment, proposed 18G1; ratified 3d
September, 1862.^'*'

Fees and perquisites.

Sec 13. No judicial officer, except justices of the joeace, recorders and com-
missioners, shall receive to his own use any fees or perquisites of office. [Amend-
me)d, p>roposed 18G1; ratified 3d September, 1862.'*^^

Publication of opinions of supreme court.

Sec. 14. The legislature shall provide for the speedy publication of such
opinions of the supreme court as it may deem expedient; and all opinions shall
be free for publication by any person. [Amendment, proposed 18G1; ratified
M Setpember, 1862.^"

xliii. Compensation of judges. -•

Sec. 15. The justices of the supreme court, district judges, and county judges,
shall severally, at stated times during their continuance in office, receive for
their services a compensation, whicli shall not be increased or diminished during
the term for which they shall have been elected: provided, that county judges
shall be j)aid out of the county treasuiy of their respective counties. [Amend-
ment, proposed 18G1; ratified ■id September, 18G2.'^'

(n) Tenth section of original Article: courts Khill be held at the county seats. FpUam V6.

Sec. 111. The times and jlaces of hokliiigthe terms Sutter County. 8 Cal. 378.

of the supreme court, and the general and special terms The constitution does not iirohibit the legislature

of the distiict courts within ttie several districts, shall from authorizing a judgment to be entered in vacation,

be provided for by law. Tcople vs. Jones. 20 Cal. 50.

[I)) \ county clerk may issue process and attest pro- (i) Thivteeuth section of original Article:

ceedings of the courts of which he is ex officio clerk Sec. i:i. Tribunals for conciliation may bo estab-

over his signature as county chrk, and leave to the title lisheJ, with such powers and duties as may be pre-

of the proceedings or contents of the instruments the scribed by law; but such tribunals shall have no power

identification of the courts to which they belong, to render judgment to be obligatory on the partif b,

Toucbard vs. Crow, 20 Cal. l.iO. except they vohintarily submit iheir matters in difl'er-

Sec. 11. No judicial officer, except a justice of the in the presence of such tribunal, in such cas-s as shall

peace, shall receive, to his own use, any fees or per- be prescribed by law.

quisites of office. Since the occupation of California by tlie Americans,

Under the eleventh section of the original Article: the Mexican proceeding of conciliation has been decm-

Held, that when the constitution exempted justices of ed a useless formality. Von Schmidt vs. Huntington,

the peace from the operation of the restraint in regard 1 Cal. 55.

to fees and perquisites, it meant to ex> nipt those also, (/) Fourteenth section of original .\rticle:

by whatever name called, who were intrusted with the Sec. 14. The legislature shall determine the number

duties assigned to justices, and th;it consequently the of justices of the peace, to be elected in each county,

recorder of the city of Sacramento was entitled to city, town, and incorporated village of the state, and

collect fees. Curtis vs. Sacramento, 13 Cal. 2'JO. fix by law their powers, duties and responsibililies. It

('/) Twelfth section of original Article: shall also determine in what cases appeals may be

Sec. 12. The legislature shall provide for the speedy made from justices' courts to the county court,

publication of all statute laws, and of such judicial {o) Original section:

decisions as it may deem expedient; and all laws and S>c. 1.5. Tht- justices of the supreme court and judges

I judicial decisions shall be free for publication by any of the district courts shall severally, at stated times

\persun. during their continuance in oflice. receive for their ser-

The constitution docs not require that the district vices a compensation to be paid out of the treasury,

xliii-xliv CONSTITUTION OF THE STATE OF CALIFOKNIA.

Disabilities of judges.

Sec. 16. The justices of the supreme court, and the district judges, and the
county judges, shall be ineligible to any other office than a judicial office, during
the term fo'i- which they shall have been elected. [Amendment, proposed 18G1;
ratified M September, 1862.^^)

Charge to juries.

Sec 17. Judges shall not charge juries with respect to matters of fact, but
may state the testimony and declare the law. [Amendment, proposed 18G1;
ratified 3d September, 1802.^"'

Style of jirocess.

Sec' 18. The style of all process shall be, " The People of the State of Cali-
fornia," and all prosecutions shall be conducted in their name and by their-
authoi-ity. [Amendment, proposed 18G1; ratified M September, 1862. ^'^

Effect of amendments.

' Sec 19. In order that no inconvenience may result to the public service from
the taking effect of the amendments proposed to said Article Six by the legis-
lature of eighteen hundred and sixty-one, no officer shall be superseded thereby,
nor shall the organization of the several courts be changed thereby, until the
election and qualification of the several officers provided for in said amend-
ments. [Amendmeiit, proposed 1861; ratified dd September, 1862.^"^^

AKTICLE VII.

MILITIA.

xliv. Organization and discipline.

Section 1. The legislature shall provide by law for organizing and disciplin-
ing the militia, in such manner as they shall deem expedient, not incompatible
with the constitution and laws of the United States.

Officers.

Sec 2. Officers of the militia shall be elected or appointed in such a manner
as the legislature shall from time to time direct, and shall be commissioned by
the governor.

Governor to call out.

Sec 3. The governor shall have power to call forth the militia, to execute
the laws of the State, to sujjpress insurrections, and repel invasions.

•which Hhall D'lt bt- IncrcaBed or diminiebcd duriug the of fact or as to the weight of evidence. Battersby vs.

tenu for whirli tiny hhall have beeu elected. The Abbott, 9 Cal. 5G.5.

county judgfh hhiill also Kovt rally, at Ktuted times, re- This provision is violated whenever a judge so in-

celvf for tlicir h<T\ic<H a coiiii ensatiou to be jjaid out structs as to force the jury to a particular conclusiou

of the county tn-BKury of their rcHpi ctive counties, upon the whole or any part of the case, or to takeaway

which Khali n<it be increased or diminished during the their exclusive right to weigh the evidence and deter-

tenu for uhlch they vliall have been elected. mine the facts. And such an error would prima facie

The provisicns rchpccling the salaries of district be sufficient cause for reversing a judgment; but no

judoeB do not exemjit those officers U'Ux the necessity more importance is to be attached to an error of this

of an appropriation for that purpose by the legislature. l£in<l than any other. People vs. Ybarra, 17 Cal. H'jC.

Myi-nt vs. English, 'J Cal. 341. The right of a judge to state the evidence includes

(«/ Origltittl Kcction: th<: riuht to state tliut there is no evidence as to partic-

Kec. K.. The juHtlces of the supreme court and dis- ular facts. People vs. Dick, 34 Cal. 003.

trtct judg<-n shall \f Inellj^ble to any other office dur- (c) Original se<ti()n:

iug the term for whi<h tliev shall huv<-- been elected. Hkc. 1H. The style of all process shall be, " The Peo-

{!,) The Mventeenth i-ectlon of the original Article pie of the State of California;" all the prosecutions

MTBH in the mme Words. shall be conducted iu the name and by the authority of

The r{uei.tinn of fraudulent Intent Is a question of the sumo.

fact; but «h>re the law declares certain fa<-ts conclu- («/) The jurisdiction of the old courts continued un-

bIvc evlden' e of fraud, a verdict against such conclvi- imp.iired imtil the organization of the new courts by

sion itill 1>e set aside. liilliugs vs. I'illings. 'i Cal. 107. which they were to be superseded. Gilliss vs. Uaructt,

It ia error for a court to charge a Jury as to a question 38 Cal. 303.

CONSTITUTION OF THE STATE OF CALIFORNIA, xlv-xlvi
ARTICLE VIII.

STATE DEBTS.

xlv. Restrictions on logislatire power.

The legislature shall not iu any manner create any debt or debts, liability or
liabilities, which shall singly, or in the aggregate, with any preAious debts or
liabilities, exceed the sum of three hundred thousand dollai>5, except in case of
war, to repel invasion, or suppress insurrection, unless the same shall be author-
ized by some laAV for some single object or work, to be distinctly specified
therein, which law shall jirovide ways and means, exclusive of loans, for the
payment of the interest of such debt or liability, as it falls due, and also pay
and discharge the principal of such debt or liability within twenty years from
the time of the contracting thereof, and shall be iiTepealable until the principal
and interest thereon shall be j)aid and discharged; but no such law shall take
eflect until, at a general election, it shall have been submitted to the people,
and have received a majority of all the votes cast for and against it at such
election; and all money raised by authority of such laAv, shall be applied only
to the specified object therein stated, or to the payment of the debt thereby
created; and such law shall be published in at least one newsj^aper in each
judicial district, if one be published therein, throughout the State, for three
months next preceding the election at which it is submitted to the people. '^^

ARTICLE IX.

EDUCATION.

xlvi. Superintendent of public instruction.

Section 1. A superintendent of public instruction shall, at the special election
for judicial officers to be held in the year eighteen lumdred and sixty- three, and
every four years thereafter at such special elections, be elected by the qualified
voters of the State, and shall enter upon the duties of his office on the first day
of December next after his election. [Amendment, proposed 1861; ratified 3tZ
September, 1862.'"'

Duties of legislature — School fund.

Sec. 2. The legislature shall encourage, by all suitable means, the promo-
tion of intellectual, scientific, moral, and agricultural improvement. The jDro-
ceeds of all land that may be gTanted by the United States to this State for the

(a) The meaning of tliis section is too plain to permit liability against the state. Though under the contract

the courts to resort to rules of construction to alter it. with Estill provided for the payment to him of §10,000

Hence, the act of April 8, 185.5, providing for the con- per month, there could be no debt on the part of tUe

Btruction of a wagon road to the Sierra Nevada, and state until the services were rendered. California vs.

authorizing the board of commissioners to contract for McCauley, 15 Cal. 429.

the same at a price not exceeding 8300,000, while the Taxes are not "debts" within the meaning of this

existing indebtedness of the state exceeded that sum article. Perry vs. Washburn. 20 Cal. 318.

(said act containing no provision fur submission of the The evident intention was to impose limitations upon

question to the peox^le), was void. People vs. Johnson, the general power of the legislature to create deb's,

6 Cal. 499. leaving it free, however, from such restrictions iu gnat

The act of April 18, 1856, providing for the erection emeraencies caused by war, invasion or insurrection,

of a state capitol at a cost not to exceed S300,000, held Franlilin vs. State Board of Examiners. 23 Cal. 173.

void. Nougues vs. Douglass, 7 Cal. H5. A law which appropriates a sum of money for the

This article is an express restriction upon the powers future, and directs certain payments to be made out of

of the legislature, and there is no power in the judic- the same at designated periods from year to yearthere-

iary to set it aside, whatever inconvenience may result after, and also imposes a special tax and sets apart the

from a legitimate application of the i^rovision. Id. proceeds thereof as a fund to meet the sums to be paid

All debts contracted in violation of this article are as they become payable, does not create a debt within

void, and the legislature has no power to levy a tax or the meaning of the prohibitory clause of the constitu-

ajipropriate money for the payment thereof. Id. tiou. People vs. Pacheco, 27 Cal. 175.

This article only applies to the state as a corporation, {0) Original section:

and does not prevent the state auth<irizing counties or Section 1. The legislature shall provide for the elec-

municipal corijorations to create debts, when the debt tion, by the people, ot a superintendent of public in-

of the state itself is wp to the constitutional limits, struction, who shall hold his othce for three years, and

Pattison vs. Yuba County, 13 Cal. 175. whose duties shall be prescribed bylaw, and who shall

The act of March 21, 185G, creating a board of state receive such compeusatiou as the legislature may-
prison commissioners and defining their duties, does direct,
not violate this article. It does not create a debt or

xlvi-xlvii CONSTITUTION OF THE STATE OF CALIFORNIA.

support of schools, wliicli may he sold or disposed of, and the five hundred
thousand acres of land granted to the new states, under an act of congress dis-
tributing the proceeds of the public lands among the several states of the Union,
approved a.d. 1841; and all estates of deceased persons who may have died
■without lea\dng a will, or heir, and also such per cent, as may be gTanted by
congress on the sale of lands in this state, shall be and remain a perpetual fund,
the interest of which, together with all the rents of the unsold lands, and such
other means as the legislature may provide, shall be inviolablj^ appropriated to
the supjDort of common schools throughout the State.*^'

ScJiools.

Sec. 3. The legislature shall provide for a S3-stem of common schools, by
which a school shall be [kept up and supported in each district at least three
months in every year; and any school district neglecting to kee}) and sup^jort
such a school may be deprived of its proportion of the interest of the public
fund during such neglect.

Uiiivey'iiiiy.

Sec. 4. The legislature shall take measures for the protection, improvement,
or other disposition of such lauds as may have been, or may hereafter be
reserved or granted by the United States, or any person or i)ersons, to the state
for the use of a university; and the funds accruing from the rents or sale of
such lauds, or from any other source for the purpose aforesaid, shall be and
remain a permanent fund, the interest of which shall be applied to the support
of said universitj^ with such branches as the public convenience may demand,
for the promotion of literature, the arts and sciences, as ma}- be authorized by
the terms of such grant. And it shall be the duty of the legislature as soon as
may b.e, to provide effectual means for the improvement and permanent security
of the funds of said university.

ARTICLE X.

MODE OF AMENDING AND REVISING THE CONSTITUTION.

xlvii. Proposal of amendments — Submission to people.

Section 1. Any amendment or amendments to this constitution, may be pro-
posed in the senate or assembl}'; and if the same shall be agreed to by a majority
of the members elected to each of the two houses, such proposed amendment
or amendments shall be entered on their journals, with the yeas and nays taken
thereon, and I'ef erred to the legislature then next to be chosen, and shall be
published for three months next preceding the time of making such choice.
And if, in the legislature next chosen as aforesaid, such proposed amendment
or amendments shall be agreed to by a majority of all the members elected to
each house, then it shall be the duty of the legislature to submit such proposed
amendment or amendments to the people, in such manner and at such time as
the legislature shall prescribe; and if the people shall approve and ratify such
amendment or amendments, by a majority of the electors qualified to vote for
members of the legislature voting thereon, such amendment or amendments
shall Ijecome part of the constitution.

(a) The provision of the aft of April 22, ISfil, requir- merely a provision as to the manner in which a certain
ing that the proceeds of sales of the sixteenth and fvind shall be appropriated, and subject therefore to
thirty-sixth sections shall coiistituti- a state fund in- th(^ future control of tlie legislature. Id.
Rtead of being applied for the iKiictit of tlie towuKhips This cliinse iuclud<'s, as " UK^aus," any fund arising
in which the bonds an- situated, is constitutional and from taxation for scliool purposes, levied under gen-
valid. Wyuian vs. Banvard, Ti Cal. !>2i. eral laws passed for that purpose; sothatan actdivert-

The schi)ol land act of Ai)ril 20, 18.58, is not a grant ing such fund to any other than school puriioses is uu-

ot the interest money to the several townships, but constitutional. Crosby vs. Lyon, 37 Cal. 242.

CONSTITUTION OF THE STATE OF CALIFORNIA, xlvii-xlviii

Coni'ention,

Sec. 2. And if, at any time, two thirds of tlie senate and assembly shall
think it necessary to revise or change this entire constitution, they shall recom-
mend to the electors, at the next election for members of the legislature, to
vote for or against a convention; and if it shall appear that a majority of the
electors, voting at such election, have voted in favor of calling a convention, the
legislature shall, at its next session, provide by law for calling a convention, to
be holden within six months after the passage of such law; and such con-
vention shall consist of a number of members not less than that of both
branches of the legislature. The constitution that may have been agreed upon
and adopted by such convention, shall be submitted to the people, at a special
election, to be provided for by law, for their ratification or rejection; each voter
shall express his opinion by depositing in the ballot-box a ticket, whereon shall
be written or printed the words " For the new Constitution," or " Against the
new Constitution." The returns of such election shall, in such manner as the
convention shall direct, be certified to the executive of the state, who shall call
to his assistance the controller, treasurer and secretary of state, and compare
the votes so certified to him. If, b}' such examination, it be ascertained that a
majority of the whole number of votes cast at such election, be in favor of
such new constitution, the executive of this state shall, by his proclamation,
declare such new constitution to be the constitution of the State of California.
[Amendmeiif , proposed 1855; ratified Wi November, 1850.^"^

ARTICLE XI.

PROMISCUOUS PROVISIONS.

xlviii. Seat of government.

Sectiox 1. The first session of the legislature shall be held at the Pueblo de
San Jose; which place shall be the permanent seat of government, until
removed by law: provided, however, that two thirds of all the members
elected to each house of the legislature shall concur in the passage of such
law.'"'

Duelling.

Sec. 2. Any citizen of this state who shall, afttr the adoption of this consti-
tution, fight a duel with deadly weapons, or send or accept a challenge to fight
a duel with deadly weapons, either -\Wthin this state or out of it; or who shall
act as second, or knowingly aid or assist in any manner those thus offending,
shall not be allowed to hold any office of profit, or to enjoy the light of suffrage
nuder this constitution.

Official oath.

Sec. 3. Members of the legislature, and all officers, executive and judicial,
except such inferior officers as may be by law exempted, shall, before they enter
on the duties of their respective offices, take and subscribe the following oath
or affirmation :

"I do solemnly swear (or affirm, as the case may be) that I will support the
constitution of the United States, and the constitution of the State of California,

(a) Original section; within six uiouths after thp passage of snch \av>; and

Sec. 2. And if, at any time, two thirds of the senate such convention shall consist of a number of mem-

and assembly shall think it necessary to revise or bers not less than that of both branches of the legisla-

change this entire constitution, they shall recommend ture.

to the electors, at the next election for members of the {!>) After the first removal, a majority of the lefisla-

legislature, to vote for or against the convention; and ture might at any time remove the capital; couse-

if it shall appear that a majority of the electors wting quently the act of Tebriiary i, 1851, removing it to

at such election have voted in favor of calling a con- Vallejo, was constitutional. Vermwle vs. Bigler, 5

veution, the legislature shall, at its next session, pro- Cal. 23.
vide by law for calling a convention, to be holden

slviii-1 CONSTITUTION OF THE STATE OF CALIFOENIA.

and that I will faithfully discharge the duties of the office of , according

to the best of my ability."

And no other oath, declaration, or test, shall be required as qualification for
any office or public trust/ "^

County and (oini government.

Sec. 4. The legislature shall establish a system of county and town govern-
ments, which shall be as nearly uniform as practicable throughout the State.^"'

xlix. Counhj sitpcrvimm.

Sec. 5. The legislature shall have power to provide for the election of a board
of supervisors in each county; and these supervisors shall jointly and individ-
ually perform such duties as may be prescribed b}' law.'"^^

New offices and officers.

Sec. 6. All officers whose election or appointment is not provided for by this
constitution, and all officers whose offices ma}' hereafter be created by law,
shall be elected by the people, or appointed as the legislature may direct,^'''

Terms of office.

Sec. 7, When the duration of any office is not provided for by this constitu-
tion, it may be declared by law, and if not so declared, such office shall be
held dui-ing the pleasure of the authority making the appointment; nor shall
the duration of any office, not fixed by this constitution, ever exceed four
ycars.*^^

Fiscal xjear.

Sec. 8. The fiscal year shall commence on the first day of July.

Support of covnty and inferior officers.

Sec. 9. Each county, town, city, and incorporated village, shall make pro-
vision for the support of its own officers, subject to such restrictions and
regulations as the legislature may prescribe.

1. Credit of slate.

Sec. 10. The credit of the state shall not, in any manner, be given or loaned
to or in aid of any individual, association, or corporation; nor shall the state
directly or indirectly become a stockholder in an}' association or corj)oration.^'^

Suits against state.

Sec. 11. Suits may be brought against the state in such a manner, in such
courts, as shall be directed by law.

{n) An attornoy at law is not a person hokling an (c) The povernor cannot remove from office a notary

" office of pnldic trust," and may be required to file au public duly appointed before his full term of office lias

affidavit of allegiance aB prescribed by tbe act of April expired. Finlny vs. .Tewett. 6 Cal. 21)1.

25, 1863, as a condition to practicing before the courts. Tliis provision must be construed to deny tlie right of

Cohen vs. Wright. 22 Cal. 2!)U. removal in those cases where the t( nurc is di liincl. Id.

The terms "office" and "public trust" have rein- A law which provides that au officer may In riinoved

tion only to those p'-rsons and duties that are of a pub- in a certain way or for a certain cause, docs not restrain

lie nature and do not apply to the case of an attorney or limit the power of removal to the caiise or manner

at law. Ex ijarte Yale. 24 Cal. 2-11. indicated. The only way in which this power of re-

(fc) This provision is to be cojisidered directory, and moval can be limited is by first fixing the duration or

the authority to deternune what measure of uniform- term of office, and then providing the mode, if deemed

ity is practicable must be left to the legislature. Pec- necessary, by which the officer maybe removed during

pie vs. Lake County, 3:i Cal. 487. the terin. People vs. Hill. 7 Cal. 97.

ic, This section must be regarded as a limitation on This clause does not mean that an office created by

the Third Article of the constituti(m. From the neces- the legislature shall cease to exist after four years: but

Blty o{ the case. super\'isors exercise judicial, legisla- that tlic term, fixed by the constit\itiiig autliority and

tive and executive powers in matters relating to the for wliich au iiuumbcut holds l)y election or iiiipoiut-

police and fiscal regulations of cojiuties. People vs. incut, sluill not exiend beyond that limit. Pcoi>le vs.

El Dorado County, 8 Cal. ns. Strattou. 2H Cul. :W2.

i'l) The constitution does not prohibit the legisla- The ((imiuissiouiTS of the funded debt of the city of

ture from conferring on a voluntary association of i)er- San Krainisco were not officers within the meaning of

Bons, who are not citizens, such as the board of fire tliis section as th(ir term was not limited to four years,

underwriters of San Francisco, the power of electing People vs. ;\Iiddlctoii. 28 Cal. OBH.

a jierson to fill an fiffice created by the legislature. In (/) Tlie clause prohitiitiiig tlie states from giving or

re P.ulger. i'> Cul. hKi. loaning Its credit to or in aid of a cori)oration does not

When the constitution declares an office to be elect- prohibit it from appropriating its funds in time of war

ive, it cannot be filled in any other mode: but when to aid a corporation in the construction of a railroad to

the office has been filled by election, the legislature be us6d by the state for military purijoues. People vs.

may extend the term of the incurubent, i^rovided the Pacheco, 27 Cal. 175.
■whole term does not exceed the constitutional limit.
Christy vs. Supervisors of Sacramento County, 39 Cal 3.

CONSTITUTION OF THE STATE OF CALIFORNIA.

Alarriages.

Sec. 12. No contract of marriage, if otherwise duly made, shall be invalidated
for want of conformity to the requirements of any religious sect.

Taxation.

Sec. 13. Taxation shall he equal and unifonn throughout the state. All
property in this state shall be taxed in proportion to its value, to be ascertained
as dii-ected by law; but assessors and collectors of town, county, and state
taxes, shall be elected by the qualified electors of the district, county, or town,
in which the propeiiy taxed for state, county, or town purposes is situated.^"

Separate property.

Sec. 14. All property, both real and personal, of the wife, owned or claimed
by her before marriage, and that acquired afterwards by gift, devise, or descent,
shall be her separate proj)ei-ty; and laws shall be i)assed more clearly defining
the rights of the wife, in relation as well to her separate property, as to that

(a) This section applies only to direct taxation vipon
property, and does not prohibit the legislature from
enacting license laws. It may require the payment liy
foreigners of a license fee for the x'rivilege of working
the gold mines in the state. People vs. Naglee, 1 Cal.
232.

The constitution provides that all property shall be
taxed; but the quo modo is a matter of legislative
control, and the statute must be steadily followed.
De Witt vs. Hays, 2 Cal. 463.

It is not \vithin the power of the legislature to exempt
any species of property, however owned, from taxji-
tion. That a steamboat is taxed in New York is no
ground why it should not be taxed in California, when
within its limits. Minturn vs. Hays, 2 Cal. 1590.

The first clause of this section does not oi)erate as a
limitation on the taxing power of the legislature, and
apply ti) every species of taxation, but is to l)e taken
as applying only to direct taxation on property as such.
It does ncit require that all should be taxed alike. The
power of the legislature to tax trades, professions and
occupations, is a matter completely within its control
and rests in its sound discretion. People vs. Coleman,
4 Cal. 4(1.

The interest of the occupant of a mining claim is
property, and it is. within the power of the legislature,
under the constitution, to tax such property. State vs.
Moore. V> Cal. 56.

This section applies only to that charge or imposi-
tion upon projjerty which it is necessary to levy to
raise funds to defray the expenses of the government
of the state or of some county or town. It has no ref-
erence to special assessments for local improvements.
For the expenses of such imijrovements it is comije-
tent for the legislature to provide, either by general
taxation upon the property of all the inhabitants of the
count}- or town in which they are made, or upon proi)-
erty adjacent thereto and specially benefited thereby.
Burnett vs. Sacramento, 12 Cal. 70.

The legislature can impose a general tax ui)on all
the property of the state, or a local tax upon the prop-
ertj' of particular political subdivisions, as counties,
cities and towns. The cases in which its power shall
be exercised and the extent to which the taxation in a
partii iilar instance shall be carried, are matters exclu-
sively within its own judgment, subject to tlie (qualifi-
cations of equality and uniformity in the assessment.
And, exiep: as especially restricted, its power of ap-
propriation of the moneys raised is coextensive with
its power of taxation. Blauding vs. Biirr, 13 Cal. 343.

Assessors and tax collectors are constitutional officers,
but it is not necessary that every portion of the rev-
enue iiass through their hands. The legislature may
authorize the tax-payer to pay his taxes directly into
the treasury. People vs. Squires, 14 Cal. 12.

The foreign miners' license, though in some sense a
tax, yet, probably, it is not so in the sense involved in
the U'Tcssnry duties of a tax collector. Id.

A sheriff, being ex officio tax collector of foreign
miners' licenses, may be deprived of the office of tax-
collector by the legislature, before the expiration of
his term. Id.

The act of May 3. 18-52, providing for the appoint-
ment of a ganger for the port of San Francisco, is con-
Btitutional. It does not violate the provision that tax-

ation shall be equal and uniform, because the per
centage allowed the ganger is not a tax within the
meaning of the constitution. Addison vs. Saulnier, 19
Cal. 82.

The iirovision that taxation shall be equal and uni-
form is not vi'dated by the revenue act of April 29,
1857, exempting church and school lands and lands of
the United States from taxation. High vs. Shoemaker,
22 Cal. 363.

The words " taxation" and "taxes," as used in this
section, do not apply to assessments levied upon city
lots to pay for street improvements. Emery vs. S. F.
Gas Co., 28 Cal. 345.

The provisions of this section are limitations and
not grants of power, but as limitations are, according
to their terms, mandatory upon the legislature. People
vs. McCreery, 34 Cal. 432.

The words " all property in this state " mean all
property which is not public, and the legislature has
no power to exeiniJt any private property from taxa-
ation. People vs. McCreery, 34 Cal. 432.

An act providing for the assessment of railroad or
other property by assessors other than those in whose
district the property is situated is unconstitutional.
People vs. Placerville & S. V. K. K. Co., 34 Cal. 656.

The legislature may by law devolve the office and
duties of tax collector upcm the incumbent of any other
elective office; but such law must precede the election
of such officer, and his election must be by the quali-
fied electors of tlie tax collector's district. People vs.
Kelsey, 34 Cal. 470.

A statute exempting private property from taxation
and all parts thereof relating to such exemption are
unconstituticmal and must be disregarded. People vs.
Gerke, 35 Cal. 677.

An act having the effect of exempting the property
of a railroad from the payment of a school tax regu-
larly levied is unconstitutional. Crosby vs. Lyon, 32
Cal. 242.

An act taxing the property of a district for a local
improvement, which exempts personal property from
its operation is unconstitutional because not levied on
all the property in the district. People vs. Whyler, 41
Cal. 351.

The word " property" as here used, includes not only
visible and tangibh- property but also choses in action
such as solvent debts secured by mortgage. People vs.
Eddv, 43 Cal. 331; Savings and Loan Society vs. Austin,
46 Cal. 415.

Where an act authorizes a tax for road purposes upon
property along a road in a portion of a county and pro-
viding "tliat it should be assessed by the <ounty as-
sessor, and it was so assessed : Held, that the assessment
was void because not made by an asses.sor elected by
the electors of the district. Williams vs. Corcoran, 46
Cal. 553.

The act creating a state board of equalization, which
gave the board power to fix the rate of taxation for
state purposes was not unconstitutional. Savings and
Loan Society vs. Austin, 46 Cal. 415; oven-uled in
Houghton vs. Austin, 47 Cal. 640.

The legislature cannot authorize a board of super-
visors to remit a tax or part of a tax within a specified
district. Wilson vs. Supervisors of Sutter County, 47
Cal. 91.

1-lii CONSTITUTION OF THE STATE OF CALIFOKNIA.

held in commou -with ber liusband. Laws shall also be passed providing for
the reg-istratiou of the wife's separate property/''*

li. Homesteads.

Sec. 15. The legislature shall protect by law from forced sale, a certain j^or-
tion of the homestead and other property of all heads of families.^'''

Perpeiuiiies.

Sec. 16. No jierpetuities shall be allowed, except for eleemosynaiy piii-poses.

Bribei'ij.

Sec. 17. Every person shall be disqualified from holding any office of profit
in this state, who shall have been convicted of having given, or offered a bribe,
to procure his election or appointment.

Bight of suffrage.

Sec. 18. Laws shall be made to exclude from oiBce, serving on juries, and
from the right of sufirage, those who shall hereafter be con^dcted of bribery,
perjury, forgery, or other high crimes. The privilege of free suffrage shall be
supported by laws regulating elections, and prohibiting, under adequate penal-
ties, all undue influence thereon from j)ower, bribery, tumult, or other im-
proper practice.
Besidents absent.

Sec 19. Absence from this state, on business of the state, or of the United
States, shall not affect the question of residence of any person.

Plvrality vote.

Sec. 20. A plurality of the votes given at an election shall constitute a choice,
where not otherwise directed in this constitution.

Publication of laws, etc.

Sec 21- All laws, decrees, regulations, and provisions, which from their
nature require publication, shall be published in English and Spanish.

ARTICLE XII.

BOUNDARY.

lii. State boundary.

The boundary of the State of California shall be as follows:
Commencing at the point of intersection of the 42d degree of north latitude
"u-ith the 120th degree of longitude west from Greenwich, and running south
on the line of the said 120th degree of west longitude until it intersects the 39tli
degree of north latitude; thence running in a straight line in a southeasterly
direction to the river Colorado, at a point where it intersects the 35th degree
of north latitude; thence Mown the middle of the channel of said river to the
boundaiy-line between the United States and Mexico, as established by the
treaty of May 30, 1848; thence i-unniug west and along said boundary-line to

[a) This ficction Is t>ikpn from the constitution of The ri;,'litK of ninrried women to their separate proij-

TexaB. It i-reateB a caiiacitj- in the wife to hold Kei^a- erty in California do not depend alone upon the eoni-

rate i)roperty, and her title depends upon the mode of mou law or doi-trlnes of courts of equity, but mainly

acquisition and vests before the inventorj' can be filed, upcm the constitution and statutes. Macluy vs. Love,

Selover vs. American Russian Commercial Company, 2.5 Cal. 367.

7 Cal. '2GC,. This clause does not refer to the mode and form in

From the position that the capacity of the wife as to which a wife shall convey her separate property, and

her separate i)roperty Is equal to that of the husband therefore a statute requiring a deed conveying such

as to his separate property, urave doubts exist as to the separate property, to be signed by the husband as well

validity of some of the provisions of the statute relat- as the wife, is not unconstitutional. Dow vs. Gould &

int» to husband and wife. Id. Ourry S. M. Co., ai Cal. (!;)().

The term " separate ])roperty" is used in its common (/>) The constitution Is inoiierative in itself, and

law sense, and means an estate, both In its use and in looks to lef,'islation to determine how far and in what

it.s title, for the exilusive benefit of the wife. Neither manner the homestead should be protected from forced

the husband nor his creditor can claim the proceeds or sale. Gary vs. Tice, C Cal. 625.
fruits of tlie separate estate of the wife. A law giving
them such fruits is uncoustitutioual. George vs. Ran-
Bom, 15 Cal. 322.

CONSTITUTION OF THE STATE OF CALIFORNIA. lii-liv

the Pacific Ocean, and extending" therein three Kughsli inili's; tlience running
in a northwesterly direction and following the direction of the Pacific coast to
the 42d degree of north latitude; thence on the line of Raid 42d degree of north
latitude to the place of beginning. Also all the islands, harbors, and bays,
along and adjacent to the Pacific coast.

SCHEDULE.

liii. Ilexican laius in force.

Section 1. All rights, prosecutions, claims and contracts, as well of individ-
uals as of bodies corporate, and all laws in force at the time of the adoption of
this constitution, and not inconsistent therewith, until altered or repealed by
the legislature, shall continue as if the same had not been adopted.

Bemoval of causes.

Sec. 2. The legislature shall provide for the removal of all causes which may
be pending when this constitution goes into effect, to courts created by the
same.
Change of government.

Sec. 3. In order that no inconvenience may result to the pul;lic service, from
the taking effect of this constitution, no officer shall be superseded thereby, nor
the laws relative to the duties of the several officers be changed, until the
entering- into office of the new officers, to be appointed under this constitution.

Eesidence,

Sec. 4. The j^rovisions of this constitution concerning the terra of residence
necessary to enable persons to hold certain offices therein mentioned, shall not
be held to apply to officers chosen by the people at the first election, or by the
legislatui'e at its first session.

liv. looters.

Sec. 5. Every citizen of California, declared a legal voter by this constitution,
and every citizen of the United States a resident of this state on tlie day of
election, shall be entitled to vote at the first general election iinder this consti-
tution, and on the question of the adoption thereof.

Constitution to be submitted to j)coi>le.

Sec. 6. This constitution shall be submitted to the people for their ratifica-
tion or rejection, at the general election to be held on Tuesday, the thirteenth
day of November next. The executive of the existing government of California
is hereby requested to issue a proclamation to the people, dii-ecting the prefects
of the several districts, or in case of vacancy, the sub-prefects, or senior judge
of first instance, to cause such election to be held, the day aforesaid, in the
respective districts. The election shqjl be conducted in the manner which was
prescribed for the election of delegates to this convention, excejDt that the
prefect, sub-prefect, or senior judge of first instance, ordering such election in
each district, shall have power to designate any additional number of places
for opening the polls, and that, in every place of holding the election, a regular
poll-list shall be kept by the judges and inspectors of election. It shall also
be the duty of these judges and insjoectors of election, on the day aforesaid, to
receive the votes of the electors qualified to vote at such election. Each voter
shall express his opinion, by depositing in the ballot-box a ticket, Avhcreon shall
be written, or printed, "For the Constitution," or "Against the Constitution,"
or some such words as will distinctly convey the intention of the voter. These
judges and inspectors shall also receive the votes for the several officers to be
voted for at the said election as herein provided. At the close of the election,
the judges and inspectors shall carefully count each ballot, and forthwith make
5 Co

liv-lv CONSTITUTION OF THE STATE OF CALIFORNIA.

duplicate returns thereof to the prefect, sub-prefect, or senior judge of first
instance, as the case may be, of their respective districts; and said prefect, sub-
prefect, or senior judg'e of first instance, shall transmit one of the same, by the
most safe and rapid conveyance, to the secretary of state. Upon the receipt of
said returns, or on the tenth day of December next, if the returns be not sooner
received, it shall be the duty of a board of canvassers, to consist of the secretary
of state, one of the judges of the superior court, the prefect, judge of first
instance, and an alcalde of the district of Monterey, or any three of the afore-
mentioned officers, in the presence of all who shall choose to attend, to compare
the votes given at said election, and to immediately publish an abstract of the
same in one or more of the newspapers of California. And the executive will
also, immediately after ascertaining that the constitution has been ratified by
the people, make proclamation of the fact; and thenceforth this constitution
shall be ordained and estaljlished as the constitution of California.
TranHmission to congress.

Skc. 7. If this constitution shall be ratified by the people of Cahfoniia, the
executive of the existing government is hereby requested, immediately after the
same shall be ascertained, in the manner herein dii-ected, to cause a fair copy
thereof to be forwarded to the president of the United States, in order that he
may lay it l>ofore the congress of the United States.

Election of officers.

Sec. 8. At the general election aforesaid, viz., the thuieenth day of Novem-
ber next, there shall be elected a governor, lieutenant-governor, members of the
legislature, and also two members of congress.
Meeting of legislature.

Sec. [}. If this constitution shall be ratified by the people of California, the
legislature shall assemble at the seat of government on the fifteenth day of De-
cember next; and in order to complete the organization of that body, the senate
shall elect a president pro tempore, until the lieutenant-governor shall be in-
stalled into office.
Iv. Eej)()rt of canvassers.

Sec. 10. On the organization of the legislature, it shall be the duty of the
secretary of state to lay before each house a copy of the abstract made by the
board of canvassers, and, if called for, the original returns of election, in order
that each house may judge of the correctness of the report of said board of can-
vassers.
Legislative elections — United States senators.

Sec. 11. The legislature, at its first session, shall elect such officers as may be
ordered by this constitution, to be elected by that body, and within four days
after its organization, proceed to elect two senators to the congress of the United
States. But no law passed by this legislature shall take effect until signed by
the governor after his installation into office.
Application for admission into the Union.

Sec. 12. The senators and representatives to the congress of the United States
elected by the legislature and people of California, as herein directed, shall be
furnished with certified copies of this constitution, when ratified, which they
shall lay before the congress of the United States, requesting, in the name of
the people of CaUfornia, the admission of the State of California into the Amer-
ican Union.
Installation of officers.

Sec 13. All officers of this state, other than members of the legislature, shall
be installed into office on the fifteenth day of December next, or as soon there-
after as practicable.

CONSTITUTION OF THE STATE OF CALIFORNIA.

Appointment of legislators.

Sec. 14. Until the legislature shall divide the state into counties and senatorial
and assembly districts, as directed by this constitution, the following shall be
the apportionment of the two houses of the legislature, viz. : The districts of
San Diego and Los Angeles, shall jointly elect two senators; the districts of
Santa Barbara and San Luis Obispo, shall jointly elect one senator; the dis-
trict of Monterey, one senator; the district of San Jose, one senator; the
district of San Francisco, two senators; the district of Sonoma, one senator;
the district of Sacramento, four senators; and the district of San Joaquin, foui*
senators. And the district of San Diego shall elect one member of assembly;
the district of Los Angeles, two members of assembly; the district of Santa
Barbara, two members of assembly; the district of San Luis Obispo, one mem-
ber of assembly; the district of Monterey, two members of assembly; the dis-
trict of San Jose, three members of assembly; the district of San Francisco,
five members of assembly; the district of Sonoma, two members of assembly;
the district of Sacramento, nine members of assembly; and the district of tian
Joaquin, nine members of assembly.

Salaries,

Sec, 15. Until the legislature shall otherwise direct, in accordance with the
provisions of this constitution, the salary of the governor shall be ten thousand
dollars per annum; and the salary of the lieutenant-governor shall be double
the pay of a state senator; and the pay of members of the legislature shall be
sixteen dollars per diem, while in attendance, and sixteen dollars for every
twentj^ miles' travel by the usual route from their residences, to the j)lace of
holding the session of the legislature, and in returning therefrom. And the
legislature shall fix the salaries of all officers, other than those elected by the
people, at the first election.

State expenditures.

Sec. 16. The Hmitation of the powers of the legislature, contained in Article
Eight of this constitution, shall not extend to the first legislature elected under
the same, which is hereby authoiized to negotiate for such amount as may be
necessary to pay the exjDenses of the state government.

E. SEMPLE,

President of the Convention, and Delegate from Benicia.

Wm. G. Makcy, Secretary.

J. Aram,

C. T. BOTTS,

E> Bkown,

J. A. Cakrillo,

J. M. COVARRUBIAS,

E. O. Crosby,

P. De La Guerra,

L. Dent,

M. DojnNGUEz,

K. H. DiMMICK,

A. J, Ellis,
S. C. Foster,
E. Gilbert,
W. M. GwiN,
H. W. Halleck,
JvujlN Hanks,

L. W. Hastings,
Henry Hill,

J. HoBSON,

J. McH. HOLLINSWORTH,

J. M. Jones,
J. D. Hoppe,

T. O. L.ARKIN,

Francis J. Lippitt,
B. S. Lippincott,
M. M. McCarver,
John McDougal,
B. F. Moore,
Myron Norton,
P. Ord,

Miguel Pedrorena,
A. M. Pico,
67

R. M. Price,
Hugo Heid,
Jacinto Rodriguez,
Pedro Sansev.uxe,
W. E. Shannon,
W. S. Sherwood,
J. R. Snyder,
A. Stearns,
W. M. Steuart,
J. A. Sutter,
Henry A, Tefft,
S. L. Vermeule,
M. G. Vallejo,
J. Walker,
O. M. Wozencraft.

Ivi ACT OF ADiVnSSION.

%tt of ^^mi$0ion.

An Act for the admission of the State of California into the Union.

Approved September 9, 1850.

Ivi. Admission of California.

Whereas, the people of California have presented a constitution, and asked
admission into the Union, which constitution was submitted to congress by the
jDresident of the United States, by message, dated February thirteenth, eighteen
hundred and fifty, and which, on due examination, is found to be republican in
its form of government : —

Be it enacted by the senate and house of representatives of the United States of
America, in congresi< assembled, That the State of California shall be one, and is
hereby declared to be one, of the United States of America, and admitted into
the Union on an equal footing with the original states in all respects whatever.

Bej^resentatives.

Sec. 2, And be it further enacted, That, until the representatives in congress
shall be apportioned, according to an actual enumeration of the inhabitants of
the United States, the State of California shall be entitled to two representatives
in congress.

Public lands — Non-resident proprietors — Navigable tvaters.

Sec. 3. And be it further enacted, That the said State of California is admitted
into the Union upon the express condition that the people of said state, through
their legislature or otherwise, shall never interfere with the primary disposal of
the public lands within its limits, and shall pass no law and do no act Avhereby
the title of the United States to, and right to dispose of, the same shall be
impaired or questioned; and that they shall never lay any tax, or assessment of
any description whatsoever, upon the public domain of the United States, and
in no case shall non-resident proprietors, who are citizens of the United States,
be taxed higher than residents; and that all the navigable waters within the said
state shall be common highways, and forever free, as well to the inhabitants of
said state as to the citizens of the United States, without any tax, imiiost or
duty therefor: provided, that nothing herein contained shall be construed as
recognizing or rejecting the propositions tendered l)y the people of California
as articles of compact in the ordinance adopted by the convention which fonued
the constitution of that state.***

(a) An'act anowing pfTRoiifi, wlio liavo put improve- provonrnts which arc a part of the realty, because in

merits on landK of the Uuitcd Stutcs, to remove them conflict with the act ailiiiiftinR the state into the Uuion.

within six months after the lands shall have become Collins vs. Bartlttt, 14 Cal. 371.
private property is void, in so far as it relates to im-

Slutljcutjcatiou of iUiblic ^ct0, Mttoth^, mh |uDi=
rial ProrccDino^, m bttmttn tijc Statc*i.

Ivii. An Act to revise and consolidate the statutes of the United States in force on the first
day of December, Anno Domini one thousand eight hundred and seventy-three.

Approved June 22, 1874.

Be it enacted by the senate and house of representatives of the United States in
congress assembled:

TITLE XIII.

CHAPTER SEVENTEEN.

EVIDENCE.

Authentication of legislative acts and proof of judicial proceedings of states, etc.

Sec. 905. The acts of the legislature of any state or territoiy, or of any
country subject to tlie jurisdiction of tlie United States, shall be authenticated
by having the seals of such state, territoiy, or country affixed thereto. The
records and judicial proceedings of the courts of any state or territoiy, or of
any such country, shall be proved or admitted in any other court within the
United States, by the attestation of the clerk, and the seal of the court annexed,
if there be a seal, together with a certificate of the judge, chief justice, or
presiding magistrate, that the said attestation is in due form. And the said
records and judicial proceedings, so authenticated, shall have such faith and
credit given to them in exery court within the United States as they have by
law or usage in the courts of the state from which they are taken.

Proofs cf records, etc., kept in offices not pertaining to courts.

Sec. 90G. All records and exemplifications of books, which may be kept in
any public office of an}' state or territoiy, or of any country subject to the
jurisdiction of the United States, not appertaining to a court, shall be proved
or admitted in an^^ court or office in any other state or territoiy, or in any such
countiy, b}' the attestation of the keeper of the said records or books, and the
seal of his office annexed, if there be a seal, together with a certificate of the
presiding justice of the court of the county, parish, or district in which such
office may be kept, or of the governor, or secretary of state, the chancellor or
keeper of the great seal of the state, or territoiy, or countiy, that the said
attestation is in due form, and by the proper officers. If the said certificate is
given by the presiding justice of a court, it shall be further authenticated by

Ivii AUTHENTICATION OF PUBLIC ACTS.

the clerk or protlionotary of the said court, who shall certify, under his hand
and the seal of his office, that the said presiding justice is dul}' commissioned
and qualified; or, if given by such governor, secretarj', chancellor, or keeper
of the great seal, it shall be under the great seal of the state, territory, or
countiy aforesaid in which it is made. And the said records and exemplifica-
tions, so authenticated, shall have such faith and credit given to them in every
court and office within the United States as they have by law or usage in the
courts or offices of the state, territory, or countiy, as aforesaid, from which they
are taken.

Copies of foreign records, etc., relating to land titles in the United States.

Sec. 907. It shall be lawful for any keeper or person having the custody of
laws, judgments, orders, decrees, journals, correspondence, or other iiublic
documents of any foreign government or its agents, relating to the title to lands
claimed by or under the United States, on the ajDplication of the head of one of
the departments, the solicitor of the treasury, or the commissioner of the gen-
eral land office, to authenticate copies thereof under his hand and seal, and to
certify them to be correct and true copies of such laws, judgments, orders,
decrees, journals, correspondence, or other public documents, respectively; and
when such copies are certified by an American minister or consul, under his
hand and seal of office, to be true coi^ies of the originals, they shall be sealed
up by him and returned to the solicitor of the treasury, who shall file them in his
office, and cause them to be recorded in a book to be kept for that purpose. A
copy of any such law, judgment, order, decree, journal, correspondence, or
other public document, so filed, or of the same so recorded in said book, may
be read in evidence in any court, where the title to land claimed by or under
the United States may come into question, equally with the originals.
Little S Brown's edition of the statutes to be evidence.

Sec. 908. The edition of the laws and treaties of the United States published
by Little & Brown, shall be competent evidence of the several public and jjrivate
acts of congress, and of the several treaties therein contained, in all the courts
of law and equity and of maritime jurisdiction, and in all the tribunals and
public offices of the United States, and of the several states, without any
further proof or authentication thereof.

Ilaturalimtioii i'am^.

Iviii. An Act to revise and consolidnte the statutes of the United Stntes in force on tlie first

day of December, Anno Domini one thousand eight hundred and seventy-three .

Approved June 22, 1874.

Be it enacted by the senate and house of representatives of the United States in
congress assembled:

TITLE XXX.

^^atuvalijation.

Aliens, how naturalized.

Sec. 2165. An alien may be admitted to become a citizen of the United States
in the following manner and not otherwise:

First. He shall declare on oath, before a circuit or district court of the United
States, or a district or supreme court of the territories, or a court of record of
any of the states having common law jurisdiction and a seal and clerk, two
years, at least, prior to his admission, that it is bona fide his intention to
become a citizen of the United States, and to renounce forever all allegiance and
fidelity to anj' foreign prince, potentate, state, or sovereignty, and, particularly,
by name, to the prince, potentate, state, or sovereignty of which the alien may
be at the time a citizen or subject.

Second. He shall, at the time of his application to be admitted, declare, on
oath, before some one of the courts above specified, that he will support the
constitution of the United States, and that he absolutely and entirely renounces
and abjures all allegiance and fidelity to every foreign jDrince, potentate, state,
or sovereignty; and, jDarticularly, by name, to the i^rince, j^otentate, state, or
sovereignty of which he was before a citizen or subject; which proceedings shall
be recorded by the clerk of the court.

Third. It shall be made to ai3j)ear to the satisfaction of the court admitting
such alien that he has resided within the United States five years at least, and
within the state or territory whei'e such court is at the time held, one year at
least; and that during that time he has behaved as a man of a good moral
character, attached to the principles of the constitution of the United States,
and well disposed to the good order and happiness of the same; but the oath
of the aj^plicant shall in no case be allowed to prove his residence.

Fourth. In case the alien applying to be admitted to citizenship has borne
any hereditary title, or been of any of the orders of nobility in the kingdom or
state from which he came, he shall, in addition to the above requisites, make an
exjiress renunciation of his title or order of nobility in the court to which his
application is made, and his renunciation shall be recorded in the court.

Fifth. Any alien who was residing within the limits and under the jurisdic-
tion of the United States before the twenty-ninth day of January, one thou-

hiii NATUEALIZATION LAWS.

sand seven liuudred and ninet3--five, may be admitted to become a citizen, on
due proof made to some one of the courts above si^ecified, that he lias resided
two years, at least, witliiu the jurisdiction of the United States, and one year,
at least, immediately preceding his application, within the state or tenitory
■where such court is at the time held; and on his declaring on oath that he will
support the constitution of the United States, and that he absolutely and en-
tii'ely renounces and abjures all allegiance and fidelity to any foreign prince,
potentate, state, or sovereignty, and, particularly, by name, to the prince, po-
tentate, state, or sovereignty whereof he was before a citizen or subject; and,
also, on its appearing to the satisfaction of the court, that during such term of
two years he has behaved as a man of good moral character, attached to the
constitution of the United States, and well disposed to the good order and hap-
l^iness of the same; and where the alien, applying for admission to citizenship,
has borne any hereditary title, or been of any of the orders of nobility in the
kingdom or state from which he came, on his, moreover, making in the court
an express renunciation of his title or order of nobility. All of the proceedings,
required in this condition to be pei'foi'med in the court, shall be recorded b}' the
clerk thereof.

Sixth. Any alien who was residing within the limits and under the jiuisdic-
tion of the United States, between the eighteenth day of June, one thousand
seven hundred and ninety-eight, and the eighteenth day of June, one thousand
eight hundred and twelve, and who has continued to reside within the same,
may be admitted to become a citizen of the United States without ha^dng made
any previous declaration of his intention to become such; but whenever any
person, without a certificate of such declaration of intention, makes application
to be admitted a citizen, it must be proved to the satisfaction of the coiu't, that
the ai^plicant was residing within the limits and under the jurisdiction of the
United States, before the eighteenth day of June, one thousand eight hundred
and twelve, and has continued to reside within the same; and the residence of
the ajDplicant within the limits and under the jurisdiction of the United States,
for at least five yeai*s immediately preceding the time of such application, must
be i^roved by the oath of citizens of the United States, w^hich citizens shall be
named in the record as witnesses; and such continued residence within the
limits and under the jiuisdiction of the United States, when satisfactorily
proved, and the place where the applicant has resided for at least five years,
shall be stated and set forth, together with the names of such citizens, in the
record of the court admitting the applicant; otherwise the same shall not entitle
him to be deemed and considered a citizen of the United States.

Aliens honorably (lm:harged from military service.

Sec. 21GG. Any alien, of the age of twenty-one j'eare and upwaixl, who has
enlisted, or may enlist, in the armies of the United States, either the regular or the
volunteer forces, and has been, or may he hereafter, honorably discharged, shall
be admitted to become a citizen of the United States, upon his petition, without
any jirevious declaration of his intention to become such; iind he shall not be
required to prove more than one year's residence within the United States pre-
vious to his application to become such citizen; and the court admitting such
alien shall, in addition to such proof of residence and good moral character, as
now provided by law, he satisfied by competent proof of such person's having
been honorably discharged from the service of the United States,

Minor residents.

Skc. 21G7. Any alien, being under the age of twenty-one yeara, who has re-
sided in the United States three years next preceding his amving at that age, and
who has continued to reside therein to the time he may make application to be

NATURALIZATION LAWS. Iviii

admitted a citizen thereof, may, after lie arrives at the age of twentj'-one j-ears,
and after he has resided five years Avithiu the United States, including the three
years of his minority, be admitted a citizen of the United States, without having
made the declaration required in the first condition of section twenty-one hun-
dred and sixty-five; but such alien shall make the declaration required therein
at the time of his admission; and shall further declare, on oath, and prove to
the satisfaction of the court, that, for two years next preceding, it has been his
bona-fide intention to become a citizen of the United States; and he shall in all
other respects comply with the laws in regard to naturalization.
Widow and children of declarants.

Sec. 2168. When any alien, who has complied with the first condition speci-
fied in section twenty-one hundred and sixty-five, dies before he is actually
naturalized, the widow and the children of such alien shall be considered as
citizens of the United States, and shall be entitled to all rights and privileges
as such, upon taking the oath proscribed^"' by law.
Aliens of African nativity and descent.

Sec. 2169. The provisions of this Title shall apply to aliens of African na-
tivity and to persons of African descent.
Residence of five years in United States.

Sec. 2170. No alien shall be admitted to become a citizen who has not for the
continued term of five years next preceding his admission resided within the
United States.
Alieii enemies not admitted.

Sec 2171. No alien Avho is a native citizen or subject, or a denizen of any
country, state, or sovereignty with which the United States are at war, at the
time of his application, shall be then admitted to become a citizen of the United
States; but persons resident within the United States, or the territories thereof,
on the eighteenth day of June, in the year one thousand eight hundred and
twelve, who had before that day made a declaration, according to law, of their
intention to become citizens of the United States, or who were on that day en-
titled to become citizens without making such declaration, may be admitted to
become citizens thereof, notwithstanding they were alien enemies at the time
and in the manner prescribed by the laws heretofore passed on that subject;
nor shall anything herein contained be taken or construed to interfere with or
prevent the apprehension and removal, agreeably to law, of any alien enemy at
any time previous to the actual naturalization of such alien.
Children of persons naturalized under certain laws to be citizens.

Sec. 2172. The children of persons who have been duly naturalized under
any law of the United States, or who, previous to the passing of any law on
that subject, by the government of the United States, may have become citizens
of any one of the states, under the laws thereof, being under the age of twenty-
one years at the time of the naturalization of their parents, shall, if dwelling in
the United States, be considered as citizens thereof; and the children of persons
who now are, or have been, citizens of the United States, shall, though born
out of the limits and jurisdiction of the United States, be considered as citizens
thereof; but no person heretofore proscribed by any state, or who has been
legally convicted of having joined the army of Great Britain during the revolu-
tionary war, shall be admitted to become a citizen without the consent of the
legislature of the state in which such person was proscribed.
Police court of District of Columbia has no power to naturalize foreigners.

Sec. 2173. The police court of the District of Columbia shall have no power
to naturalize foreigners.

(a) Error in the Roll ; Bhould be pracrihed.

Iviii NATURALIZATION LAWS.

Naturalization of seamen.

Sec. 2174. Every seaman, being a foreigner, who declares liis intention of be-
coming a citizen of the United States in any competent court, and shall have
sen'ed three years on board of a merchant-vessel of the United States subse-
quent to the date of such declaration, may, on his ajjplication to am' competent
court, and the production of his certificate of discharge and good conduct during
that time, together with the certificate of his declaration of intention to become
a citizen, be admitted a citizen of the United States; and every seaman, being
a foreigner, shall, after his declaration of intention to become a citizen of the
United States, and after he shall have served such three years, be deemed
a citizen of the United States for the purpose of manning and serving on
board any merchant-vessel of the United States, au^-thing to the contraiy in
any act of congress notwithstanding; but such seaman shall, for all purposes
of protection as an American citizen, be deemed such, after the filing of his
declaration of intention to become such citizen.

political Cotic.

An Act to establish a political code.

Approved March 12, 1872.

TITLE OF THE ACT.

1. Title and divisions of this act.

Section 1. This act shall be known as The Political Code of the State of
California, and is divided into five parts, as follows:

Part I. Of the Sovereignty and People of the State, and of the Polit-
ical Rights and IJuties of all Persons subject to its Juris-
diction 30

II. Of the Chief Political Divisions, Seat of Government, and

Legal Distances of the State 75

III. Of the Government of the State 220

IV. Of the Government of Counties, Cities and Toavns 3901

V. Of the Definition and Sources of Law; the Common Law; the

Publication and Effect of the Codes; and the Express
Repeal of Statutes MG6

PRELIMINARY PROVISIONS.

2. When code takes effect.

Sec. 2. This code takes effect at twelve o'clock, noon, of the fii"st day of
January, eighteen hundred and seventy -three.

3. Not retroactive.

Sec. 3. No part of it is retroactive, unless expressly so declared.

4. Construction of the political code.

Sec. 4. The rule of the common law that statutes in derogation thereof are
to be strictly construed, has no application to tliLs code. The code establishes
the law of this State respecting the subjects to which it relates, and its pro-
visions and all proceedings under it are to be liberally construed, with a view
to effect its objects and to promote justice.

5. Provisions similar to existing laws, how construed.

Sec. 5. The provisions of this code, so far as they are substantially the same
as existing statutes, must be construed as continuations thereof, and not as
new enactments.

6. Tenure of office.

Sec. 6. All persons who, at the time this code takes effect, hold oflSce under
any of the acts repealed, continue to hold the same according to the tenure
thereof, except those offices which are not continued by one of the codes
adopted at this session of the legislatiu-e, and excei^ting offices filled by ap-

6-14 POLITICAL CODE.

pointment. [Amendment, approved March 30, 1874; Ameyidmenfs, 1873-4, 3; took
effect July 6, 1874/"^

7. Construction of repeal as to certain officers.

Sec. 7. "When any office is abolished by the repeal of any act, and such act is
not in substance re-enacted or continued in either of the four codes, svicli office
ceases at the time the codes take effect.

8. Actions, etc., not affected by this code.

Sec. 8. No action or proceeding commenced before this code takes effect,
and no right accrued, is affected by its provisions, but the proceedings therein
must conform to the requirements of this code as far as applicable.

9. Limitations shall continue to run.

Sec 9. When a limitation or period of time prescribed in any existing statute
for acquiring a right or barring a remedy, or for any other purpose, has begun
to run before this code goes into effect, and the same or any limitation is pre-
scribed in this code, the time which has already run shall be deemed part of
the time prescribed as such limitation by this code. [Amendment, approved
March 30, 1874; Amendments, 1873-4, 1; took effect July G, 1874.^"^

10. Holidays.

Sec. 10. Holidays, within the meaning of this code, are: Every Sunday,
the first day of January, the twenty-second da}' of February, the fourth of
July, the twenty-fifth day of December, every dhy on which an election is held
throughout the State, and every day appointed by the president of the United
States, or by the governor of this State, for a public fast, thanksgiving or holiday'.

[In the city and county of San Francisco, the covinty clerk is obliged to keep
his office open on all election days, for the sole purpose of registering voters,
and giving certificates and transfers. See act of March 7, 1876; 1875-6, 142;
post 1117.]

11. Holidays.

Sec. 11. If the first day of January, the twenty-second day of February, the
fourth of July, or the twenty-fifth day of December, fall upon a Sunday, the
Monday following is a holiday. [Amendment, adopted March 30, 1874; Amend-
ments, 1873-4, 2; took effect July 6, 1874.^'=)

12. Compvdation of time.

Sec 12. The time in which any act provided by law is to be done is com-
puted by excluding the first day, and including the last, unless the last day is
a holida}^ and then it is also excluded.

13. Certain acts not to be done on holidays.

Sec 13. "Whenever any act of a secular nature, other than a w'ork of ne-
cessity or mercy, is appointed by law, or contract to be jierformed upon a par-
ticular day, which day falls upon a holiday, such act maj' be performed upon
the next business day with the same effect as if it had been performed upon
the day ajijiointed.

14. Heal d<fined.

Sec 14. AVhen the seal of a court, public officer, or person is required by
law to be affixed to any paper, the word "seal" includes an impression of such
seal upon the paper alone as well as upon wax or a wafer affixed thereto.

(a) The original Kection did not litive the wordfi read " tlie time of limitation contimieB to nni and has

"and excepting olHces filled by aiiiiointment." the like eflfect as if the whole fieriod had begim and

{h) The original Kection, inntead of the words "the ended after its adoption."

time whicli has already nin sliall lie deemed part of (c) Tlie original section did not have the words

the time prefscribed as such liniitatiou by this code" "the fourth of July."

PRELIMINARY PROVISIONS. 15-17

15. Joint authority.

Skc. 15. "Words giving a joint axitliority to three or more public ofFu-ers or
other persons are coustriied as giving such authority to a majority of them,
unless it is otherwise expressed in the act giving the authority.

16. Wo7'ds ami plira><('s.

Sec, 16. Words and phrases arc construed according to the context and the
approved usage of the langaiage; but technical words and phrases, and such
others as have acquired a peculiar and api)ropriate meaning in law, or ai-e de-
fined in the succeeding section, are to be coustmed according to such peculiar
and appropriate meaning or definition.

17. Worth, xohat they include.

Sec. 17. Words used in this code in the present tense inchide the future as well
as the present; words used in the masculine gender include the feminine and neu-
ter; the singular mmiber includes the plural, and the plural the singular; the word
" person" includes a cori:)oration as Avell as a natural person; writing includes
printing; oath includes affinnation or declaration; eveiy mode of oral state-
ment under oath or affirmation is embraced by the term " testify," and eveiy
written one in the term " depose;" signature or subsciiption includes mark,
when the person cannot write, his name being written near it, and witnessed by
a person who writes his own name as a witness. The following words, also,
have in the code the signification attached to them in this section, unless other-
wise apparent in the context:

1. The word " property" includes both real and personal property;

[2.j The words " real property " are coextensive with lands, tenements and
hereditaments ;

3. The words " personal property" include money, goods, chattels, things in
action, and evidences of debt;

4. The word " month" means a calendar month, unless othenvise expressed;

5. The word " Avill" includes codicils;

6. The word " writ" signifies an order or precept in wiiting, issued in the
name of the people, or of a court or judicial officer; and the word " j)rocess," a
writ or summons issued in the course of judicial proceedings;

7. The word " vessel," when used in reference to shipping, includes ships of
all kinds, steamboats and steamships, canal boats, and eveiy structure adapted
to be navigated from place to place;

8. The term " peace officer" signifies ain- of the officers mentioned in section
eight hundred and seventeen of the penal code.

9. The term " magistrate" signifies any one of the officers mentioned in sec-
tion eight hundred and eight of the penal code;

10. The word " state," when applied to the different parts of the United
States, includes the District of Columbia and the territories; and the Avords
"United States" may include the district and ten-itories. [Amendment, op-
proved March 30, 1874; Amendments, 1873-4, 2; took e//'ect July 6, 1874.^"'

(a) Original section: goods, chattels, evidence of debt, aud "things in

Sec. 17. Wht-uevor the terms mentioned in this sec- uctiou."

tiou are employed in this code they are emi)loyed in 5. The word " ijroijerty " includes personal aud real

the senses hereafter affixed to them; excexit where a propei-ty.

different sense plainly appears: 6. The word " month " means a calendar month, nn-

1. The term "signature" includes any name, mark, less otherwise expressed; and the word "year." aud
or sign, written with intent to authenticate any instru- also the abbreviation "a. n." is equivalent to the ex-
ment or writing. l)ression " year of oiu' Lord."

2. The term " -nTiting " includes both printing and 7. The word "oath" includes "affirmation" in all
writing. cases where au affirmation may be substituted for an

3. The term " land," and the phrases, " real estate " oath; aud in like cases the word " swear " iuchides the
aud "real property," includes lands, tenements, and word "affirm." Every mode of oral statement under
hereditaments, and all rights thereto aud interests oath or affirmation is embraced by the term " tctftily,"
therein. aud every written one in the term " depose."

4. The words "personal property" include money, 8. The word "state," when applied to the diflferent

18-19 POLITICAL CODE.

18. Statutes, laws, or rules inconsistent with code repealed.

Sec. 18. No statute, law, or rule is continued in force because it is consistent
"with the provisions of this code on the same subject, but in all cases provided
for by this code all statutes, laws, and rules heretofore in force in this state,
whether consistent or not with the provisions of this code, unless expressly
continued in force by it, are repealed and abrogated. This repeal or abroga-
tion does not revive any former law heretofore repealed, nor does it affect any
right already existing or accrued, or any action or proceeding already taken,
except as in this code provided; nor does it affect any private statute not
expressly repealed.

19. Certain statutes preserved.

Sec. 19. Nothing in either of the four codes affects any of the i:)rovisions of
the following statutes, but such statutes are recognized as continuing in force,
notwithstanding the provisions of the codes, except so far as ihej have been
repealed or affected by subsequent laws:

1. All acts incoii^oratiug or chartei'ing municipal corporations, and acts
amending or supplementing such acts.

2. All acts consolidating cities and counties, and acts amending or suj)ple-
menting such acts.

3. All acts for funding the state debt, or any part thereof, and for issuing
state bonds, and acts amending or su2:)plementing such acts.

4. All acts regulating and in relation to rodeos.

5. All acts in relation to judges of the plains.

6. All acts creating or regulating boards of water commissioners, and over-
Beers in the several townships or counties of the state.

7. All acts in relation to a branch state prison.

8. An act for the more effectual prevention of cruelty to animals, ajDproved
March thii'tieth, eighteen hundred and sixty-eight.

9. An act for the sujDi^ression of Chinese houses of ill-fame, approved March
thirtj'-first, eighteen hundred and sixty-six.

10. An act relating to the home of the inebriate of San Francisco, and to
prescribe the powers and duties of the board of managers and the officers
thereof, ajoproved April first, eighteen hundred and seventy.

11. An act concerning marks and brands in the county of Siskiyou, approved
March twentieth, eighteen hundred and sixty-six. '

12. An act to prevent the destruction of fish in the waters of Bolinas bay, in
Marin county, approved March thirty-first, eighteen hundred and sixty-six.

13. An act concerning trotit in Siskiyou count}', approved Aj^ril second,
eighteen hundred and sixty-six.

14. An act to prevent the destruction of fish in Napa river and Sonoma creek,
appi'oved January twenty-ninth, eighteen hundred and sixty-eight.

15. An act to prevent the destruction of fish and game in, upon, and around
the waters of lake Merritt, or Peralta, in the county of Alameda, approved
Mai'ch eighteenth, eighteen hundred and seventy.

parts of the United States, includes the District of 13. Words iised in the present tense Include the future

Columbia and the territories; and the words " United but exclude the past.

States" may include the district and territories. 14. The word " will " includes codicils.

9. Where the term " person " is used in this code to 15. The word " writ " siguilics an order or precept in
desii^nate the party whose property may be the subject 'writing, issued in the name of tlie people, or of a court,
of any ofifense, action, or proceediiiK.it includes this or judicial officer.

Btate, any other state, Kovenimeiit. or c<iuntry which IG. "Process" is a writ or summons issued in the

may lawfully own any jtroperty within this state, and course of judicial proceedings.

all xmblic and private corporations or joint assocla- 17. The word " vessel," when used with reference to

tiouH, as well as individuals. shipplnn. Includes ships of all kinds, steanibnats. and

10. The word "person" includes bodies politic and steamships, canal boats, and every structure adapted
corporate. to be navigated from jilace to place.

11. The singular number includes the plural, and 18. The term " peace officer " signifies any oue of the
the plural the singular. officers mentioned in section 817 of The Pknal Code.

12. Words used in the masculine gender comprehend 19. The term " magistrate " signifies any one of the
BB well the feminine and neuter. officers mentioned in section 808 of Tue Penal Code.

PKELBIINARY PROVISIONS. 19-20

16. An act to regulate salmon fisheries in Eel river, in Humboldt countv,
approved Api-il eighteenth, eighteen hundred and fifty-nine.

17. An act for the better protection of stock-raisers in the counties of Fresno,
Tulare, Monterey, and Mariposa, approved March twentieth, eighteen hundred
and sixty-six.

18. An act concerning oysters, approved April twenty-eighth, eighteen hun-
dred and fifty-one. ,

19. An act concerning oyster beds, approved Apiil second, eighteen hundred
and sixty-six.

20. An act concerning gas companies, ajDproved April fourth, eighteen hun-
dred and seventy.

21. An act to empower the board of supervisors of the several counties of
the state to aid in the constniction of a railroad in their respective counties,
ajiproved April fourth, eighteen hundred and seventy.

22. An act supplemental to the act mentioned in the preceding subdivision,
approved April fourth, eighteen hundred and seventy,

23. All acts in relation to lawful fences, estrays, and the trespassing of ani-
mals upon private pro^Derty,

24. An act for the relief of insolvent debtors and the protection of creditors,
approved May fourth, eighteen hundred and sixty-two, and the acts amending
and sui^plementing such act.

25. All acts in relation to taxation for local purposes.

26. All acts dividing counties into collection and assessment districts,

27. All acts allowing county or city and county officers to appoint deputies,
clerks, and subordinate officers, in so far as such acts authorize the appoint-
ment and fix the compensation of such deputies, clerks, and subordinate
officers.

20. Tliis act, hoiv cited, etc.

Sec 20. This act, whenever cited, enumerated, referred to, or amended, may
be designated simply as The Political Code, adding, when uecessarj', the num-
ber of the section.

30-34 POLITICAL CODE.

r»^iiT I.

OF THE SOVEEEIGNTY AND PEOPLE OF THE STATE, AND
OF THE POLITICAL EIGHTS AND DUTIES OF ALL
PERSONS SUBJECT TO ITS JURISDICTION.

Title I. Sovereignty of the State 30

IL Persons Composing the People of the State 50

III. Political Eights and Duties of all Persons subject

to the Jurisdiction of the State 54

TITLE I.

Soutrcjgjiti) of tl)c State.

Chapter I. Residence of Sovekeignty 30

II. Territorial Jurisdiction of the State 33

III. General Rights of the State over Persons 37

IV. General Rights of the State over Property 40

CHAPTER L

residence of sovereignty.
30. Sovereignty resides in the people.

Sec. 30. The sovereignty of the state resides in the people thereof, and all
writs and processes must issue in their name.

CHAPTER II.

territorial jurisdiction of the state.

33. Territorial jurisdiction, limitations on.

Sec. 33. The sovereignty and jurisdiction of this state extends to all places
within its boundaries as established by the constitution, but the extent of such
jurisdiction over places that have been or may be ceded to, purchased, or con-
demned b}^ the United States, is qualified by the terms of such cession or the
laws under which such purchase or condemnation has been or may be made.

34. Legixlaiive consent to pia'chase, etc., of lands by United States for public use;

jurisdiction over.
Sec. 34. The legislature consents to the purchase or condemnation by the
United States of any tract of land within this state for the purpose of erecting
forts, magazines, arsenals, dock-yards, and other needful buildings, upon the
express condition that all civil process issued from the courts of this state, and
such criminal process as may issue under the authority of this state, against any
person charged with crime, may bo served and executed thereon in the same
mode and manner and by the same officers as if the purchase or condemnation
had not been made.

An Act conceruiug subiufirine sites for lighthouses find other aids to navigation on the coast
of this state.

Approved March 20, 1874; 1873-4, C21.

SUesfor beacons, etc.

Section 1. Whenever the United States desire to acquire title to land belong-
ing to the state, and covered by the navigably waters of the United States,

SOVEKEIGNTY OF STATE. 36-42

within the limits thereof, for the site of a li^'lithouse, beacon, or other aid to
naAd<:^ation, and application is made by a duly authorized agent of the United
States, describing the site required for one of the i)nrposes aforesaid, then the
governor of the state is authorized and empowered to convey the title to the
United States, and to cede to the said United States jurisdiction over the same;
j)rovided, no single tract shall contain more than ten acres, and that the state
shall retain concurrent jurisdiction so far that all process, civil or criminal,
issuing under the authority of the state, may be executed by the proper officers
thereof, upon any person or persons amenable to the same, within the limits
of land so ceded, in like manner and to like effect as if this act had never been
passed.

Sec. 2. This act shall take effect immediately.

CHAPTER III.

GENERAL RIGHTS OF THE STATE OVER PERSONS.
37. lliglits over persons eniunerated.

Sec. 37. The state has the following rights over persons within its limits, to
be exercised in the cases and in the manner provided by law: .

1. To punish for crime;

2. To imprison or confine for the protection of the public jjeace or health, or
of individual life or safety;

3. To imprison or confine for the purpose of enforcing civil remedies;

•i. To establish custody' and restraint for the jjersous of idiots, lunatics,
drunkards, and other persons of unsound mind;

5. To establish custody and restraint of jjaupers for the purposes of their
maintenance;

G. To establish custody and restraint of minors unprovided for by natural
guardians for the purjDOses of their ediication, reformation, and maintenance;

7. To require services of jiersons, with or without comi:)ensation: In militaiy
duty; in jury duty; as witnesses; as town or village officers; in highway labor;
in maintaining the public j^eace; in enforcing the service of j^rocess; in pro-
tecting life and property from fire, pestilence, wreck and flood; and in such
other cases as are provided by statute.

CHAPTEE IV.

GENERAL EIGHTS OF THE STATE OVER PROPERTY.

40. Original and ultimate title.

Sec 40. The original and ultimate right to all property, real and personal,
within the limits of this state, is in the people thereof.

41. Properly escheats, when.

Sec. 41. All proj)erty, real and personal, within the limits of this state, which
does not belong to any person, belongs to the jjeople. Whenever the title to
any property fails for want of heirs or next of kin, it reverts to the people.

42. Intruders on public lands of state.

Sec. 42. If any person, under any pretense of any claim inconsistent with
the sovereignty and jurisdiction of the state, intrudes ui)on any of the waste
or ungranted lands of the state, the district attorney of the county must imme-
diately report the same to the governor, who must thereupon, by a written
order, direct the sheriff of the county to remove the intinider; and if resistance
to the execution of the order is made or threatened, the sheriff may call to his
aid the power of the county, as in cases of resistance to the writs of the people.
6 81

43-55 POLITICAL CODE.

43. A'^quisition by taxation and assessment.

Sec. 43. The state may acquire property by taxation in the modes authorized
by law.

44. By right of eminent domain.

Sec. 44. It may acquire or authorize others to acquire title to property, real
or i^ersonal, for public use, in the cases and in the mode provided in Title VII,
Part III, of the Code of Civil Peoceduke. [See j)ost, 11,237.]

TITLE II.

iler00U0 (Tompooiuii tl)c ilcoplc of tljc State.

50. W]io are the people.

Sec 50. The people, as a political body, consist:

1. Of citizens who are electors;

2. Of citizens not electors.

51. Who are citizens.

Sec. 51. The citizens of the state are:

1. All persons born in this state and residing within it, except the children
of transient aliens and of alien public ministers and consuls;

2. All persons born out of this state who are citizens of the United States
and residing within this state.

52. Residence, rules for determining.

Sec 52. Ever)^ j^erson has, in law, a residence. In determining the place of
residence the following rules are to be observed:

1. It is the iDlace where one remains when not called elsewhere for labor or
other special or temporary purpose, and to which he returns in seasons of
rejDose;

2. There can only be one residence;

3. A residence cannot be lost until another is gained;

4. The residence of the father during his life, and after his death the resi-
dence of the mother, while she remains unmarried, is the residence of the
unmarried minor child;

5. The residence of the husband is the residence of the wife;

6. The residence of an unmarried minor who has a parent living cannot be
changed by either his own act or that of his guardian;

7. The residence can be changed only by the union of act and intent.

TITLE III.

Political lliol)^ aiiD Ilittir0 of all Pcroon^ subject
to tljc Jurioi^iction of tlje State.

54. All persons icilJdn the state sultject to its jurisdiction.

Sec 54. Every person wliile within this state is subject to its jurisdiction and
entitled to its i)rotection.

55. Allegiance.

Sec. 55. Allegiance is the obligation of fidelity and obedience which every
citizen owes to the state.

POLITICAL DIVISIONS OF STATE. 5G-75

56. Allegiance may he renounced.

Sec. 5G. Allegiance may be renounced by a cliange of residence.

57. Persons not citizens.

Sec. 57. Persons in the state not its citizens are either:

1. Citizens of other states; or,

2. Aliens.

58. EligibiUf)/ to office.

Sec. 58. Every elector is eligible to the office for which he is an elector,
except where otherwise specially provided; and no person is eligible who is not
such an elector.

59. Rights and duties of citizens not electors.

Sec 59. An elector has no rights or duties beyond those of a citizen not an
elector, except the right and duty of holding and electing to office.

60. Rights and duties of citizens of other states.

Sec 60. A citizen of the United States who is not a citizen of this state, has
the same rights and duties as a citizen of this state not an elector.

I^ART II.

OF THE CHIEF POLITICAL DIVISIONS, SEAT OF GOVEEN-
MENT, AND LEGAL DISTANCES OF THE STATE.

Title I. Chief Political Divisions of the State 75

11. Seat of Government 145

III. Legal Distances in the State 150

TITLE I.

&mi JJoUtial Jlivi5sion.$i af the State,

Chapter 1. Counties 75

II. Senatorial Districts 78

III. Congressional Districts 117

IV. Judicial Districts 125

CHAPTEPt I.

counties.
75. Counties.

Sec 75. The state is divided into counties; the names, boundaries, and ter-
ritorial subdivisions thereof are as declared in Part IV of this Code.

[See post, 3901.]

78 POLITICAL CODE,

CHAPTER II.

SENATORIAL DISTRICTS.

78. Senatorial and assembly disb'icls.

[Sees. 78 to 106/^' inclusive, were superseded by the following- act:J

An Act to define the senatorial and assembly districts of this State, and to apjiortion the

representation thereof.

Approved March IC, 1874; 1873-4, 360,
Ft7'St.

Section 1. The counties of San Diego and San Bernardino shall be the first
senatorial district, and shall elect one senator; and each of said counties shall
elect one member of the assembly.
Second.

Sec. 2. The county of Los Angeles shall be the second senatorial district,
and shall elect one senator and two members of the assembly.

Third.

Sec. 3. The counties of Ventura, Santa Barbara, and San Luis Obispo, shall
be the third senatorial district, and shall elect one senator; Ventura and Santa
Barbara, jointly, shall elect one member of the assembly, and San Luis Obispo
shall elect one member of the assembly.

Fourth.

Sec. 4. The counties of Tulare, Inyo, Fresno, Mono, and Kern, shall be the
fourth senatorial district, and shall elect one senator; Fresno shall elect one
member of the assembly, Tulare and Kern shall elect jointly one member of
the assembly, and Mono and Inyo shall elect jointly one member of the assembly.

Fifth.

Sec, 5, The counties of Mariposa, Merced, and Stanislaus, shall be the fifth
senatorial district, and shall elect one senator; Mariposa and Merced shall
jointly elect one member of the Assembly, and Stanislaus shall elect one mem-
ber of the assembly.

Sixth.

Sec, 6, The counties of Santa Cruz, Montere}', and San Benito, shall be the
sixth senatorial district, and shall elect jointly one senator; and each of said
counties shall elect one member of the assembly.

(a) Original (puperseded) Sfittions: Rkc. 91. The thirteenth, of the eounty of Cnlaverns.

Sec. 78. The state is divided into twenty-eight sena- Sec. 92. The fomtceuth, of the counties of Amador

torial districts, arranged as follows: and Alpine.

Sf.c. 79. The tirst senatorial district consists of the Sec. 93. The fifteenth, of the county of El Dorado,

counties of San l)icgo and San Bernardino. Sec. 94. The sixteenth, of the county of Sacramento.

Sec. 80. The second, of the county of Los Angeles. Sec. 95. The seventeenth, of the counties ot Solano

Sec. 81. The third, of the counties of Santa Barbara and Yolo,

and San Luis Obispo. Skc. 9G. The eighteenth, of the counties of Napa,

[The county of Ventura was added to the third sena- Lake, and Mendocino,

torial district by "An Act to create the County of Ven- Sec. 97. The nineteenth, of the county of Sonoma,

tura, to establish the boundaries thereof, and to provide Sec. 98. The twentieth, of the county of Placer,

for its organization," apju-oved March 22, 1872; 1871-2, Sec. 99. The twenty-first, of the county of Nevada.

484.1 Sec. 100. The twenty-second, of the county of Sierra.

Sec. 82. The fourth, of the counties of Tulare, Fres- Sec. 101. The twenty-third, of the counties of Yuba

no. and Kem. and Sutter.

Sec. 83. The fifth, of the counties of Mariposa, Mer- Sec. 102. Tlie twenty-fourth, of the counties of Biitte,

ced. and Stanislaus. Plumas, and Lassen.

Sec. 84. The sixth, of the counties of Santa Cruz Sec. 10;j. The twenty-fifth, of the counties of Te-

and Monterey. hania and Colusa.

Sec. 85. The seventh, of the county of Santa Clara. Sec. 104. The twenty-sixth, of the counties of Shasta

Sec. 80. The eighth, of the counties of San Fran- and Trinity.

Cisco and San Mateo. Sec. 105.' The twenty-seventh, of the counties of

Sec. 87. The ninth, of the county of Alameda. Humboldt, Khimath, and Del Norte.

Sec. 88. The tenth, of the counties of Contra Costa Sec. 100. The twenty-eighth, of the county of Siski-

and Marin. you.

Skc. 89. The eleventh, of the county of San Joaquin.

Sec. 90. The twelfth, of the counties of Tuolumne,
Mono, and Inyo.

POLITICAL DIVISIONS OF STATE. 78

Seventh.

Sec, 7. The couuty of Santa Clara shall be the seventh senatorial district,
and shall elect two senators and three members of the assembly.

EigJifh.

Sec. 8. The city and county of San Francisco, and the county of San Mateo,
shall be the eighth senatorial district, and shall elect one seliatcn-; the county
of San Mateo shall elect one member of the iisscml)ly.

Ninth.

Sec. 9. That ijortion of the city and county of San Francisco, boimded and
described as follows, to wit: commencing- at a point where the southerly line of
the United States military' resei-vation, known as the "Presidio Reservation,"
intersects with the waters of the Pacific ocean; thence meandering along the
waters of said ocean and the waters of the bay of San Francisco, northerly,
easterly, and southerly, to the jioint where Washington street intersects with
said bay; thence westerly, along said Washington street, to its intersection with
First avenue; thence northerly, along said avenue, to its intersection with the
southerly boundary-line of the said "Presidio Reservation;" thence westerly,
and along the southerly boundary-line of said "Presidio Reservation" to its
intersection with the Pacific ocean and the point of beginning; shall be the
ninth senatorial district, and shall elect two senators and four members of the
assembly.

Tenth.

Sec. 10. That jiortion of the city and county of San Francisco, bounded and
described as follows, to wit : commencing at a point Avhere the southerly bound-
ary-line of the " Presidio Reservation" intersects with the waters of the Pacific
ocean, thence easterly, and along the southerly boundary-line of said "Presidio
Reservation," to the point w^here First avenue intersects with said boundarj'-
line; thence southerly, along said First avenue, to the point where Washington
street intersects with said First avenue; thence easterly, along said Washington
street, to its intersection with the waters of the bay of San Francisco; thence
southerly, along the line of said bay, to the point of intersection of Market
street with said bay; thence westerly, along said Market street, to the point
where Geary street intersects with said Market street; thence westerly, along
.said Geary street, to w^here it connects with the Point Lobos toll-roac^; thence
along said Point Lobos toll-road, and said toll-road produced, in a direct line
to the Pacific ocean; thence northerly, along said ocean, to the point of begin-
ning; shall be the tenth senatorial district, and shall elect two senators and four
members of the assembly.

Eleventh.

Sec 11. That portion of the city and county of San Francisco, bounded and
described as follows, to wit: commencing at a point on the line of Market street
where Fourth street intersects with said Market street; thence easterly and
along said Market street to the waters of the bay of San Francisco; thence
southerly and southwesterly along the line of the waters of said bay, to a point
where Fourth street intersects with said bay; thence noriherly along the line of
said Fourth street to the point of beginning; shall be the eleventh senatorial
district, and shall elect two senators and four members of the assembly.

Twelfth.

Sec. 12. That portion of the city and county of San Francisco, bounded and
described as follows, to wit: commencing at the intersection of Larkin and
Geary streets, and running thence easterly along said Geaiy street to its inter-
section with Market street; thence southwesterly along the line of said Market

78 POLITICAL CODE.

street to the point of intersection of Fourth street Avith said Market street;
thence southerly along said Fourth street to the jooint of its intersection with
Channel street; thence southwesterly along said Channel street to the j^oint of
its intersection with Eighth street; thence northerly along said Eighth street to
the point of its intersection with Market street; thence southwesterly along
said Market street to the point of the intersection of Larkin street with said
Market street; thence northei'ly along said Larkin street to the point of begin-
ning; shall he the twelfth senatorial district, and shall elect two senators and
four members of the assembly.
Tldrteenth.

Sec. 13. That part of the city and county of San Francisco, bounded and
described as follows, to wit: commencing at a point where the Point Lobos
toll-road produced in a direct line westerly, intersects with the waters of the
Pacific ocean, and running thence easterly along said Point Lobos toll-road
to the point of its connection with Geary street; thence along said Geary street
easterly to its intersection with Larkin street; thence southerly along said
Larkin street to the jDoint of its intersection with Market street; thence north-
easterly along said Market street to the point where Eighth street intersects
with said Market street; thence southeasterly along said Eighth street to its
intersection with Channel sti'eet; thence northeasterly along said Channel street
to the point of its intersection with Fourth street; thence southeasterly along
said Fourth street to the point of its intersection with the bay of San Francisco;
thence southerly along the line of the waters of said bay to the point of inter-
section of the boundary-line between the city and county of San Francisco and
the county of San Mateo with the waters of said bay; thence westerly along
said boundary-line to the point of its intersection with the Pacific ocean; thence
northerly along the line of said ocean to the point of beginning; shall be the
thirteenth senatorial district, and shall elect two senators and four members of
the assembly.

Fourteenth.

Sec. 14. The county of Alameda shall be the fourteenth senatorial district,
and shall have two senators and three members of the assembly.
Fifteenth.

Sec. 15. The counties of Contra Costa and Marin shall be the fifteenth sena-
torial district, and shall elect one senator, and each of said counties shall elect
one member of the assembly.
Sixteenth.

Sec. 16. The counties of San Joaquin and Amador shall be the sixteenth
senatorial district; San Joaquin shall elect one senator, and, jointly with
Amador, shall elect one senator; San Joaquin shall elect three members of the
assembly, and Amador shall elect two members of the assembly.
Seventeenth.

Sec. 17. The counties of Tuolumne and Calaveras shall be the seventeenth
senatorial district, and shall elect one senator, and each of said counties shall
elect one member of the assembly.
Eigliteenth.

Sec. 18. The county of Sacramento shall be the eighteenth senatorial district,
and shall elect two senators and three members of the assembly.
Nineteenth.

Sec 19. The counties of Solano and Yolo shall be the nineteenth senatorial
district; Solano shall elect one senator and two members of the assem1)ly; Yolo
shall elect one member of the assembly, and, jointly with Solano, shall elect
one senator.

POLITICAL DIVISIONS OF STATE. 78

Tiventielh.

Sec. 20. The counties of Napa, Lake, and Sononaa shall constitute the
twentieth senatorial district, and shall elect one senator; and Napa and Lake
counties shall each elect one member of the assembly.

Ttoeiity-firsf.

Sec. 21. The count}' of Sonoma shall be the twenty-first senatorial district,
and shall elect one senator and three members of the assembly.

Twenlij-second.

Sec. 22. The county of Placer shall be the twenty-second senatorial district,
and shall elect one senator and one member of the assembly.

Tweniy-thi?-d.

Sec. 23. The counties of El Dorado and Alpine shall be the twenty-third
senatorial district, and shall elect one senator; the county of El Dorado shall
elect one member of the assembly; and the counties of El Dorado and Alpine
shall, jointly, elect one member of the assembly.

I'wenty- fourth.

Sec. 24. The counties of Nevada and Sierra shall be the twenty-fourth sena-
torial district; Nevada shall elect one senator and three members of the assembly;
SieiTa shall elect one member of the assembly and one senator, jointly, with
Nevada.

Tice7ify-ffth.

Sec. 25. The counties of Tuba and Sutter shall be the twenty-fifth senatorial
district, and shall elect one senator; Yuba shall elect two members of the
assembly, and Sutter shall elect one member of the assembly.

Twenty-sixth.

Sec. 26. The counties of Butte, Plumas, and Lassen shall be the twenty-sixth
senatorial district, and shall elect one senator; Butte shall elect two members of
the assembly, and Plumas and Lassen shall, jointly, elect one member of the
assembly.

l^wenty-seventh.

Sec. 27. The counties of Mendocino, Humboldt, Klamath, and Del Noi-te
shall be the twenty-seventh senatorial district, and shall elect one senator;
Humboldt and Mendocino shall each elect one member of the assembly, and
Klamath and Del Norie shall, jointly, elect one member of the assembly.

lluenty-eighth.

Sec. 28. The counties of Siskiyou, Modoc, Trinity, and Shasta shall be the
twenty-eighth senatorial district, and shall elect, jointly, one senator; Siski^-ou
and Modoc shall elect, jointly, one member of the assembly; Trinity and Shasta
shall elect, jointly, one member of the assembly.

Twe7ity-)iinth.

Sec. 29. The counties of Colusa and Tehama shall be the twenty-ninth
senatorial district, and shall elect one senator and one member of the assembly.

0/ elect io7is.

Sec. 30. At the general election to be held in the year eighteen hundred and
seventy-five, and every four years thereafter, there shall be elected in the fii*st,
fifth, sixth, seventh, eighth, ninth, tenth, eleventh, fourteenth, fifteenth, six-
teenth, eighteenth, nineteenth, twentieth, twenty-seventh, and twenty-ninth
districts, one senator each, and in the twelfth and thirteenth districts, two sena-
tors each.

Sec. 31. At the general election to be held in the year eighteen hundred and
seventy-seven, and every fom* years thereafter, there shall be elected in the

78-125 POLITICAL CODE.

second, third, foiirtli, seventh, ninth, tenth, eleventh, fourteenth, sixteenth,
seventeenth, eig-hteenth, nineteenth, twenty-first, twenty-second, twenty-third,
twenty-fifth, twenty-sixth and twenty-eighth districts, one senator each, and in
the twenty-fourth district, two senators.

Sec. 32. At the general election to be held in the year eighteen hundred and
seventy-five, and every two years thereafter, members of the assembly shall be
elected in the several districts and counties of the state as is provided in this
act.

Sec. 33. All acts and parts of acts in conflict with the provisions of this act
are hereby repealed.

CHAPTEE IIL

CONGRESSIONAL DISTRICTS.

117. Gongressioyial disti'icls.

[Sec. 117 ^"^ was superseded by the following act. See also post, 4479:]

Au Act to divide the state into cougressioual districts.

Approved Marcli 30, 1872; 1871-2. 714.

Section 1. For the purpose of electing representatives to the congress of the
United States, the state is hereby divided into districts, as follows :

First.

Sec. 2. The first district shall be composed of the city and county of San
Francisco.

Seco7id.

Sec 3. The second district shall be composed of the counties of Contra
Costa, Alameda, San Joaquin, Calaveras, Amador, El Dorado, Sacramento,
Placer, Nevada, Alpine, and Tuolumne.

Sec. 4. The third district shall be composed of the counties of Marin, So-
noma, Napa, Lake, Solano, Yolo, Sutter, Yuba, Sierra, Butte, Plumas, Lassen,
Tehama, Colusa, Mendocino, Hiunboldt, Trinity, Shasta, Siskiyou, Klamath,
and Del Norte.

Fourth.

Sec 5. The fourth district shall be comj)osed of the counties of San Diego,
Los Angeles, San Bernardino, Santa Barbara, San Luis Obispo, Tulare, Mon-
terey, Fresno, Kern, Merced, Marix^osa, Stanislaus, Santa Clara, Santa Cruz,
San Mateo, Mono and Inyo.

Sec 6. This act shall take effect and be in force from and after its passage.

CHAPTEE IV.

JUDICIAL DISTRICTS.
125. Judicial dislricis.

Sec 125. The state is divided into seventeen judicial districts, arranged as
described in this chaj^ter.

(a) Orifcinal Bection: meda, San Joaquia, Tuolumne, Mono, CalavernB, Am-

Sec. 117. The state is dividfd into three congres- ador, El Dorado, Sacramento, Placer, Nevada and

sioual diBtricts, arranged as lollowB: Alpine; and,

1. The first congressional district consists of the 3. Tlie tliird, of the countieB of Marin, Sonoma,
counties of San Diego, Los Angeles, San Bernardino, Napa, Lake, Solano, Yolo, Sutter, Yuba, Sierra, Butte,
Santa Barbara, San Luis Obispo, Tulare, Monterey, Plumas, Lassen, Tehama, Colusa, Mendocino, Hum-
Fresno, Merced, Mariposa, Stanislaus, Santa Clara, boldt. Trinity, Shasta, Siskiyou, Klamath and Del
Santa Cruz, San Mateo, San Francisco, Inyo and Kern; Norte.

2. The second, of the counties of Contra Costa, Ala-

POLITICAL DIVISIONS OF STATE. 12G-136

126. Fir f<t judicial disb-ict.

Sec. 12(). The first judicial district consists of the counties of Santa Barbara
and San Luis Obispo.

[The county of Ventura Avas added to the first judicial district by " An act to
create the county of Ventura, to establish the boinidunes thereof, and to pro-
vide for its organization." Ajiproved March 22, 1872; 1871-2, 484. J

127. Second judicial disb-ict.

Sec. 127. The second, of the counties of Tehama, Butte, Plumas, and Lassen.

[Plumas and Lassen counties were attached to and now constitute part of the
twentv-first judicial district, by " An act to create the twenty-first judicial dis-
trict,''' approved Febniaiy 15, 187G; 1875-6, 58; given post,'l42.]

128. Third judicial district.

[Sec 128^"' was superseded by the act given below, i)ost, 142. See also
post, 4479. J

129. Fourth judicial district.

[Sec. 129"" was suijerseded by the act given below, post, 142. See also
post, 4449.]

130. Fifth judicial district.

Sec 130. The fifth, of the counties of San Joaquin, Tuolumne, and Stan-
islaus.

131. Sixth judicial district.

Sec 131. The sixth, of the counties of Sacramento and Yolo.

132. Seventh judicial district.

Sec 132. The seventh, of the counties of Napa, Lake, and Solano. [Amend-
ment, approved March 29, 1876; Amendments, 1875-G; took effect from jxissage.'-''^

133. Eighth judicial district.

Sec 133. The eighth, of the counties of Humboldt, Klamath, and Del Norte.

134. Ninth judicial district.

Sec 134. The ninth, of the counties of Shasta, Trinity, and Siskiyou.

[The county of Modoc was added to the ninth judicial district by "An act to
create the county of Modoc, to establish the boundaries thereof, and to provide
for its organization," approved February 17, 1874; 1873-4, 124. It was after-
wards attached to the twenty-first judicial district, to which it now belongs, by
"An act to create the twenty-first judicial district," a^iproved February 15,
1876; 1875-6, 58; given post, 142.]

135. Tenth judicial district.

Sec 135. The tenth, of the counties of Yuba, Sutter, Colusa, and Sierra.

136. Eleventh judicial district.

Sec. 136. The eleventh, of the counties of Calaveras, Amador, and El
Dorado.

(a) Original section: feet from the eastern line of Kearny street; thence at

Sec. 128. The third, of the counties of Monterey, right angles soiitherly to the southeni line of tin- City

Santa Cruz, Sauta Clara, and Alameda. Hall or court-house; thence ensterly along the southern

(6) Original section; side of that building to the eustiru side thereof ; thence

Sec. 12>.». The fourth, of that portion of the city and northerly along the eastern line thereof to a point

county of Sau Francisco embraced within lines de^ eight imhes north of the northern line tliereof; thence

scribed as follows: Commencing at the western bound- at right angles westerly to the centre of Kearny street;

ary of the city and county, at a point in a line with thence nortlierly along Kearny street to the northern

Kidley street ; thence easterly in a line with and boundaiy of the city and county; thence along the

through the centre of Ridley street to the centre of northern and western boundary of the city and county

Market street; thence northeasterly along the centre to the place of beginning.

of Market street to the centre of Kearny street; thence (c) The original section had the words " Marin, So-
northerly along the centre of Kearny street to a point noma. Mendocino" before " Napa."
in a line with the northern side of the City Hall or Marin, Sonoma, and Mendocino counties now corn-
court-house; thence easterly to and along the northern pose the twenty-second judicial district. See postillS.
line of the city hall or court-house to a point sixty-five

137-142 POLITICAL CODE.

137. Tivelfih judicial district.

[Sec. 137^*^ was superseded by the act given below, jDOst, 142. See also post,
4479.]

138. Thirteenth judicial district.

Sec. 138. The thirteenth, of the counties of Tulare, Fresno, Merced, and
Mariposa.

139. Fourteenth judicial district.

Sec 139. The fourteenth, of the counties of Placer and Nevada.

140. Fifteenth judicial district.

[Sec. 140^^' was superseded by the act given below, post, 142. See post, 4479.]

141. Sixteenth judicial district.

Sec. 141, The sixteenth, of the counties of Alj)ine, Mono, Inyo, and Kern.

142. Seventeenth judicial district.

[Sec. 142-'=' was superseded by the act of Februaiy 20, 1872, given below.
See also post, 4479.]

[The foregoing sections 128, 129, 137, 140 and 142, in relation to the third,
fourth, twelfth, fifteenth and seventeenth judicial districts, though not exjaressly
amended or repealed, have been superseded by the following acts:]

An Act to create the eigliteenth judicial district, and for other purposes.
Approved February 20, 1872; 1871-2, 116.

Seventeenth judicial district.
Eighteenth judicial district.

Section 1. The seventeenth judicial district of this state is hereby di\dded,
and the eighteenth judicial district created. The county of Los Angeles shall
remain and hereafter constitute the seventeenth judicial district. The counties
of San Diego and San Bernardino shall be hereafter known as and constitute
the eighteenth judicial district.

Suits transferred.

Sec 2. Suits brought and matters now pending in the district couri of the
counties of San Diego and San Bernardino shall be heard and determined in
the eighteenth judicial district, as if such suits had been, after the creation of
it, there commenced; and the process of the district court of the eighteenth
judicial district shall be as effective for all such purposes as if the same were
issued from the seventeenth judicial district.
Terms.

Sec 3. The terms of the district court of the eighteenth judicial district,
during each year, shall commence as follows: In the county of San Diego, on
the third Monday of January, April, July, and October; in the county of San
Bernardino, on the second Monday of March, June, September, and December.
[Amendment approved March 10, 187G; 1875-6, 314; took effectfrom passage.'-'^^

(a) Original section: thence southerly along the eastern line of Kearny

Sec. 1.37. The twelfth, of the county of San Mateo street to the lentre of Market street; thence north-

and all that portion of the city and county of San Fran- easterly alon^ the centre of IMarket street to the eastern

Cisco lying south of a line described as follows: Com- boundary of the city and county,

mencing at the western boundary of the city and (h) Original section:

county, at a point in a line with the centre of Ridley Skc. 140. The fifteenth, of the county of Contra Costa

street; thence running easterly in a Urn', with and and all that i)ortion of the city and county of San

through tlie centre of Ridley street to the centre of Francisco not included witliin the limits of the fourth

Market street; thence northeasterly along the centre and twelfth judicial districts.

of Market street to Kearny street; thence northeast- (c) Original section:

erly along the centre of Kearny street to a jtoiut in a Sec. ii'l. The stventet'nth, of the counties of Los

line with the northern side of the City Hall or court- Angeles, San Bernardino, and San Diego,

house; thence easterly to and ahrng the northern line {d) The original section instead of " third," had the

of the City Hall or court-house to a i)oint sixty-live word " second." It also bore the following additional

feet from the eastern line of Kearny street; thence at sentence at the end: "Said terms shall continue until

right angles southerly to the southern line of the City the time fixed for holding a term in another or the

Hall or court-house; thence along the southern line same county in the district, if the business of the

of that building to the eaetem line of Kearny street; court shall require it."

POLITICAL DIVISIONS OF STATE. 142

Election of judge.

Sec. 4. At the special judicial election of the year one thousand eight hun-
dred and seventy-three, and every six years tliereafter, a district judge shall ho
elected for the eighteenth judicial district; and the judge so elected shall enter
upon the discharge of his duties as such on the first day of January after his
election.

Appointment.

Sec 5. The governor shall appoint and commission, immediately after the
passage of this act, some suitable person learned in the law, and a resident
of said eighteenth judicial district, as district judge of said eighteenth judicial
district, -who shall hold his office until his successor shall have been elected and
qualified, as provided in .section four of this act.
Salanj.

Sec. G. The judge of the eighteenth judicial district shall receive a salaiy of
foui- thousand dollars per annum, i)ayable in the same manner as the salaries of
other district judges of this State.

Sec. 7. This act shall take effect and be in force from and after its passage.

An Act creating the nineteeuth and twentieth judicial districts, and defining the third,
fourth, twelfth and fifteenth judiciul districts.

Approved March 8, 1872; 1871-2, 301.

Ttcentieth judicicd district.

Section 1. The twentieth judicial district shall be comjiosed of the counties
of Monterey, Santa Cruz, and Santa Clara.
Third judicial district.

Sec 2. The thiixl judicial district shall be composed of the county of Ala-
meda, and all that portion of the city and county of San Francisco described as
follows: Commencing at the eastern boundary line of said city and county, at
a point in a line with the centre of Market street; thence southerly along the
centre line of Market street to its intersection with the easterl}' line of Kearny
street ; thence northerly along said eastern line of Kearny street to the centre
of California street; thence easterly along the centre line of California street to
the noriherly line of Market street; thence easterly along the northerly line of
Market street and in the same course to the eastern boundary of said city and
county; thence southerly along said eastern boundaiy of the city and county of
San Francisco to the place of commencement.

Fifteenth judicial district.

Sec 3. The fifteenth judicial district shall be composed of the county of
Contra Costa and all that portion of the city and county of San Francisco
described as follows: Commencing at a point in the eastern boundary -line of
said city and county where the northern line of Market street protracted inter-
sects the same; thence southwesterly and along the northern line of Market
street to the centre of California street; thence westerly and along the centre
of California street to the eastern line of Kearny street; thence northerly along
the eastern line of Kearny street to the south line of the City Hall or court-
house; thence easterly along the south line of said building to the southeast
corner thereof; thence northerly along the east line of said building and in the
same direction to a point eight inches north of the noi'th line of said building;
thence westerly and parallel with the north line of said building to the centre
of Keju-ny street; thence northerly and along the centre of Kearny street to the
northern boundary of said city and county; thence easterly and southerly along
the boundary of said city and county to the place of beginning.

Nineteenth judicial district.

Sec 4. The nineteenth judicial district shall be composed of all that portion

142 POLITICAL CODE.

of the city and county of San Francisco described as follows: Commencing at
a point in the centre of Market street in a line -u-ith tlie centre of Larkin street*
tbence running northerly and along the centre of Larkin street to a point in
the centre of Washington street; thence easterly and along the centre of Wash-
ington street to the centre of Kearny street; thence southerly along the centre
of Kearny street to the centre of Market street; thence southwesterly along the
centre of Market street to the place of commencement.

Fourth judicial district.

Sec. 5. The fourth judicial district shall be comj)osed of all that portion of
the city and count}" of San Francisco described as follows: Commencing at the
western boundary of said city and county at a point in a line with the centre of
Ridley street; thence easterly and along the centre of Ridley street to the cen-
tre of Market street; thence northeasterly and along the centre of Market street
to a point in a line with the centre of Larkin street; thence northerly along the
centre of Larkin street to the centre of Washington street; thence easterly
along the centre of Washington street to the centre of Kearny street; thence
southerly along the centre of Kearny street to a point in a line with the north
side of the City Hall or court-house; thence easterly to and along the northern
line of the City Hall or court-house, sixty-five feet from the eastern line of
Kearny street; thence southerly at a right angle to the south line of said City
Hall or court-house; thence at a right angle easterly along the south line of
said building to the east line thereof ; thence northerly along said east line of
said building to a point eight inches north of the north line of said building;
thence at a right angle westerly to the centre of Kearny street; thence north-
erly along the centre of Kearny street to the northern boundary of said city
and county; thence westerly along the northern boundary and southerl}- along
the western boundary of said city and county of San Francisco to the place of
commencement.

Twelfth judicial district.

Sec. G. The twelfth judicial district shall be composed of the county of San
Mateo and all that portion of the city and county of San Francisco described
as follows: Commencing at the western boundary of said city and count}" at a
point in a line with the centre of Ridley street; thence limning easterly in a
line with and through the centre of Ridley street to the centre of INIarket
street; thence easterly along the centre of Market street to a i^oint in a line
with the centre of Kearny street; thence northeasterly along the centre of
Kearny street to a point in a line with the northern side of the City Hall or
court-house; thence easterly and along the northern line of the City Hall or
court-house to a point sixty-five feet from the eastern line of Kearny street;
thence at a right angle souUiei'ly to the southern line of the Cit}" Hall or court-
house; thence along the southern line of that building to the eastern line of
Kearny street; then<e southerly along the eastern line of Kearny street to the
centre of Market street; thence northeasterly along the centre of Market street
to the eastern boundary of the city and county of San Francisco; thence south-
erly along said eastern boundary and westerly" along the southern boundary and
northerly along the western boundary to the place of commencement.

D islrici j u dgcH.

Sec. 7. The district judges of the third, fcnirtli, twelfth and fifteenth judicial
districts, as herein defined, sljidl continue to be the respective judges of said
districts until the expiration of their respective terms of office.

Aiypointinents.

Sec. 8, The governor shall ajipoint, immediatel}' after the passage of this

POLITICAL DFV^ISIONS OF STATE. 142

act, some suitable persons as district judges of the nineteenth and twentieth
judicial districts, respectively, who shall hold their respective offices until the
election and qualification of their successors at the next special judicial elec-
tion.

Salaries.

Sec. 9. The district judge of the twentieth judicial district shall receive the
sum of five thousand dollars per annum, and the district judge of the nineteenth
judicial district shall receive the sum of six thousand dollars per annum, which
respective salaries shall be payable at the same time and in the same manner as
the salaries of other district judges are paid.

ClerLs.

Sec. 10. The county clerk of the city and county of San Francisco shall be
ex officio clerk of the district court of the third judicial district, in and for said
city and county, and also ex officio clerk of the district court of the nineteenth
judicial district, and is hereby authorized to appoint one register clerk and one
court-room clerk for each of said courts, each of whom shall receive a salaiy of
one hundred and seventy-five dollars per month; also, one additional copying
clerk, who shall receive a salaxy of one hundred and fifty dollars per mouth.
Such salaries shall be paid in the same manner as the salaries of other dej)uties
of said county clerk.

Deputy sheriffs.

Sec. 11. The sheriff of said city and county of San Francisco is hereby
authorized to appoint two deputies, in addition to those now appointed by him,
who shall act as bailiffs or deputy sheriffs of said third and nineteenth disti'ict
courts, in and for the city and county of San Francisco, who shall each receive
a salary of one hundred and fifty dollars per month, to be paid in the same
manner as other deputies of said sheriff are paid.

Su i/s transferred.

Sec. 12. Suits brought and matters j^ending in the district covtrt in the coun-
ties of Monterey, Santa Cruz and Santa Clara, shall be heard and determined
iu the district couri of the twentieth judicial district, in and for said counties
respectively, as if such matters had been commenced in the district coiu't of
that district, and the process of said district court shall be effectual for all
purposes as if the same were issued from the district court of the third jvidicial
district; and the records of the district court of the third judicial district, in
and for said counties of Monterey, Santa Cruz and Santa Clara, shall remain
the records and papers of the twentieth judicial district court.

Tei'ins.

Sec 13. The terms of the district court of the twentieth judicial district shall
commence as follows: In the county of Santa Clara on the first Monday of Jan-
uary, May, and September of each year; in the county of Santa Cruz on the
second Monday of February, June, and October of each year; in the county of
Monterey on the third Monday of March, July, and November of each year.

Sec 14. The terms of the district court of the third judicial district shall
commence as follows: In the county of Alameda on the third Monday of Feb-
ruary, June, and October of each year; in the city and county of San Francisco
on the third Monday of April, August, and December of each year.

Sec 15. The terms of the district court of the nineteenth judicial district shall
commence on the second Monday of April, August, and December of each year.

Sec 16. This act shall take effect immediately.

142 POLITICAL CODE.

An Act to create the twenty-first judicial district.

Approved February 15, 187G; 1875-6, 58.

Ticenfy-firM judicial district.

Section 1. The twenty-first judicial district is hereby created, and shall be
composed of the counties of Modoc, Lassen, and Plumas.

Actions pending.

Sec 2. All actions and proceedings pending in the district court in said coun-
ties at the time this act goes into effect, shall be proceeded with, heard, and
determined in the twenty-first judicial district, as if such action or proceeding
had been commenced therein.

Terms.

Sec 3. In the twenty-first judicial district the terms of the district court shall
be held as follows: In the county of Modoc on the first Monday of February,
May, August, and November; in the county of Lassen on the third Monday of
February, May, August, and November; in the county of Plumas on the second
Monday of March, first Monday of June, September, and December.

Election of judge.

Sec 4. At the special judicial election held in the year one thousand eight
hundred and seventy-seven, and every six years thereafter, a district judge shall
be elected for the twenty-first judicial district, and the judge so elected shall go
into office on the first Monday of January next after his election.

Appointment.

Sec. 5. When this act goes into effect the governor shall immediately appoint
some person as district judge of the twenty-first judicial district, who shall hold
his office until his successor is elected and qualified, as provided in this act.

Salary,

Sec G. The district judge of the twenty-first judicial district shall receive a
salary of four thousand dollars per annum, payable at the same time and in the
same manner as the salaries of other district judges of this state.

Sec 7. This act shall take effect and be in force from and after the first day of
June, A. D. eighteen hundred and seventy-six.

An Act to create the twenty-second judicial district.

Approved March 29, 1876; 1875-6, 528.

Twenty-second judicial district.

Section 1. The twenty-second judicial district is hei'eby created, and shall be
composed of the counties of Mendocino, Sonoma, and Marin.

Actions pending.

Sec 2. All actions and proceedings pending in the district court in said coun-
ties at the time this act goes into effect, shall be proceeded Avith, heard and
determined in the twenty-second judicial district, as if such action or j)roceed-
ing had been commenced therein.

Terms.

Sec 8. In the twenty-second judicial district the terms of the said court shall
be as follows: In the county of Marin on the third Mondays of March, July,
and November; in the county of Mendocino the second Mondays of Apiil,
August, and December; in the county of Sonoma on the first Mondays of May
and September, and the first Monday of February.

Election of judge.

Sec 4. At the special judicial election held in the year one thousand eight
hundred and seventy-seven, and eveiy six years thereafter, a district judge shall
be elected for the twenty-second judicial district, and the judge so elected shall
go into office on the first Monday of January next after his election.

LEGAL DISTANCES. 142-155

Appomtment.

Sec. 5. When this act goes into effect the governor shall immediately appoint
some pex'son as district judge of the twenty-second ju<licial district, who sluill
hold his office until his successor is elected and qualified, as provided in this act.

Salanj.

Sec. G. The district judge of the twenty-second judicial district shall receive
a salary of live thousand dollars per annum, payal)le at the same time and iu
the same manner as the salaries of other district judges of this state.

Sec. 7. This act shall take effect from and after its passage.

TITLE 11.

Scat of ©oucnimcul

145. Located at Sacramento.

Sec. 145. The seat of government of this state is at the city of Sacramento.

TITLE III.

§ti}(\\ Jlbtaucc$ iu tljc State.

[This entire title was amended by act approved April 3, 187G; Amendments
1875-G, 3, so as to read as follows. The original title had sections 150 to
201 inclusive, enlarged by the amendment, as seen below, to sections from 150
to 203 inclusive.]

150. Legal distances.

Sec 150. The legal distances in this state are fixed as follows:

151. Alameda.

Sec. 151. From the county seat of Alameda county to Sacramento, ninety-
one (91) miles; to Napa, forty-six (46) miles; to Stockton, eighty-five (85) miles;
to San Quentin, nineteen (19) miles.

152. Alpine.

Sec. 152. From the county seat of Alpine county to Sacramento, two hundred
and twenty-five (225) miles; to Napa, two hundred and eighty-six (286) miles;
to Stockton, two hundred and seventy-three (273) miles; to San Quentin, three
hundred and twenty-one (321) miles.

153. Amador.

Sec. 153. From the county seat of Amador county to Sacramento, fifty-nine
(59) miles; to Napa, one hundred and ten (110) miles; to Stockton, fifty-seven
(57) miles; to San Quentin, one hundred and forty-five (145) miles.

154. Butte.

Sec 154. From the county seat of Butte county to Sacramento, seventy-eight
(78) miles; to Napa, one hundred and thirty-nine (139) miles; to Stockton, one
hundred and twenty-six (126) miles; to San Quentin, one hundred and seventy-
four (174) miles.

155. Calaveras.

Sec 155. From the county seat of Calaveras county to Sacramento, seventy-
three (73) miles; to Napa, one hundred and thirty-four (134) miles; to Stockton,
sixty (60) miles; to San Quentin, one hundred and sixty-four (164) miles.

15G-1GG POLITICAL CODE.

156. Colusa.

Sec. 156. From the county seat of Colusa county to Sacramento, eighty (80)
miles; to Napa, one hundred and forty-one (141) miles; to Stockton, one hun-
dred and twenty-eight (128) miles; to San Quentin, one hundred and seventy-
six (176) miles.

157. Contra Costa.

Sec. 157. From the county seat of Contra Costa county to Sacramento, eighty-
nine (89) miles; to Napa, eighteen (18) miles; to Stockton, one hundred and
twenty-one (121) miles; to San Quentin, forty-one (41) miles.

158. Del Norte.

Sec. 158. From the county seat of Del Norte county to Sacramento, three
hundred and sixty-four (364) miles; to Napa, three hundred and nineteen (319)
miles; to Stockton, three hundred and seventy-two (372) miles; to San Quentin,
two hundred and ninety-two (292) miles.

159. El Dorado.

Sec. 159. From the county seat of El Dorado county to Sacramento, sixtj'-one
(61) miles; to Napa, one hundred and twenty-two (122) miles; to Stockton, one
hundred and nine (109) miles; to San Quentin, one hundred and fifty-seven
(157) miles.

160. Fresno.

Sec 160. From the county seat of Fresno county to Sacramento, one hundred
and sixty-nine (169) miles; to Napa, two hundred and thirty (230) miles; to
Stockton, one hundred and thirteen (113) miles; to San Quentin, two hundred
and seven (207) miles.

161. Humboldt.

Sec 161. From the county seat of Humboldt county to Sacramento, three
hundred and twelve (312) miles; to Napa, two hundred and sixty-seven (267)
miles; to Stockton, three hundred and twenty (320) miles; to San Quentin,
two hundred and forty (240) miles.

162. Inyo.

Sec 162. From the county seat of Inyo county to Sacramento, four hun-
dred and seventy-one (471) miles; to Napa, five hundred and thirty -two (532)
miles; to Stockton, four hundred and twenty-three (423) miles; to San Quentin,
five hundred and eight (508) miles.

163. Kern.

Sec. 163. From the county seat of Kern county to Sacramento, two hundred
and seventy-eight (278) miles; to NajDa, three hundred and thirty-nine (339)
miles; to Stockton, two hundred and thirty (230) miles; to San Quentin, three
hundred and fifteen (315) miles.

164. Lake.

Sec 164. From the county seat of Lake county to Sacramento, two hundred
and four (204) miles; to Napa, one hundred and fifty-nine (159) miles; to Stock-
ton, two hundred and twelve (212) miles; to San Quentin, one hundred and
thirty-two (132) miles.

165. Lassen.

Sec 165. From the county seat of Lassen county to Sacramento, one hun-
dred and eightj'-three (183) miles; to Napa, two hundred and forty-four (244)
miles; to Stockton, two hundred and thirty-one (231) miles; to San Quentin,
two hundi-ed and seventy-nine (279) niilos.

166. IjOS Angeles.

Sec. 166. From the county seat of Los Angeles county to Sacramento, four

LEGAL DISTANCES. 166-177

hundred and seventy-eiglit (478) miles; to Napa, four hundred and thirty -three
(433) miles; to Stockton, four hundred and eighty-six (48G) miles; to San
Quentin, four hundred and six (406) miles.

167. Ifarin.

Sec. 167. From the county seat of Marin county to Sacramento, ninety-six
(96) miles; to Napa, fifty-one (51) miles; to Stockton, one hundred and four
(104) miles; to San Quentin, three (3) miles.

168. Mariposa.

Sec. 168. From the county seat of Mariposa county to Sacramento, one
hundred and fifty-six (156) miles; to Napa, two hundred and seventeen (217)
miles; to Stockton, one hundred and nine (109) miles; to San Quentin, one
hundred and ninety-three (193) miles.

169. Mendocino.

Sec. 169. From the county seat of Mendocino county to Sacramento, two
hundred and five (205) miles; to Napa, one hundred (100) miles; to Stockton,
two hundred and thirteen (213) miles; to San Quentin, one hundred and thirty-
three (133) miles.

170. Merced.

Sec. 170. From the county seat of Merced county to Sacramento, one
hundred and fourteen (114) miles; to Napa, one hundred and seventy-five (175)
miles; to Stockton, sixty-six {QQ) miles; to San Quentin, one hundred and
fifty-two (152) miles.

171. Modoc.

Sec. 171. From the county seat of Modoc county to Sacramento, three
hundred and seventy-nine (379) miles; to Napa, four hundred and forty (440)
miles; to Stockton, four hundred and twenty-seven (427) miles; to San Quentin,
four hundred and seventy-five (475) miles.

172. Mono.

Sec. 172. From the county seat of Mono county to Sacramento, two hundred
and ninety-six (296) miles; to Napa, three hundred and fifty-seven (357) miles;
to Stockton, three hundred and forty-four (344) miles; to San Quentin, three
hundred and ninety-two (392) miles.

173. Monterey.

Sec. 173. From the county seat of Monterey county to Sacramento, one
hundred and ninety-six (196) miles; to Napa, one hundred and fifty-seven (157)
miles; to Stockton, one hundred and forty-eight (148) miles; to San Quentin,
one hundred and thirty (130) miles.

174. Napa.

Sec. 174. From the county seat of Napa covmty to Sacramento, sixty-one (61)
miles; to Stockton, eighty-seven (87) miles; to San Quentin, fifty-one (51) miles.

175. Nevada.

Sec. 175. From the county seat of Nevada county to Sacramento, seventy-one
(71) miles; to Napa, one hundred and thirty-two (132) miles; to Stockton, one
hundred and nineteen (119) miles; to San Quentin, one hundred and sixty-seven
(167) miles.

176. Placer.

Sec. 176. From the county seat of Placer county to Sacramento, thirty-seven
(37) miles; to Napa, ninety-eight (98) miles; to Stockton, eighty-five (85) miles;
to San Quentin, one hundred and thirty-three (133) miles.

177. Plumas.

Sec. 177. From the county seat of Plumas county to Sacramento, one
7 97

177-188 POLITICAL CODE.

Luudred and thirty-six (136) miles; to Napa, one hundred and ninety-seven
(197) miles; to Stockton, one hundred and eighty-four (IS-l) miles; to San
Quentin, t^YO hundred and thirty-two (232) miles.

178. Sacramento.

Sec. 178. From the county seat of Sacramento to Napa, sixty-one (61) miles;
to Stockton, forty-eight (48) miles; to San Quentin, ninety-six (96) miles.

179. San Benito.

Sec. 179. From the county seat of San Benito county to Sacramento, one
hundred and seventy-three (173) miles; to Naj^a, one hundred and thirty -four
(134) miles; to Stockton, one hundred and twenty-five (125) miles; to San
Quentin, one hundred and seven (107) miles.

180. San Bernardino.

Sec. 180. From the county seat of San Bernardino county to Sacramento,
five hundred and eighty-eight (588) miles; to Napa, five hundred and forty-
three (543) miles; to Stockton, five hundred and thirty (530) miles; to San
Quentin, five hundred and sixteen (516) miles.

181. San Diego.

Sec. 181. From the county seat of San Diego count}', to Sacramento, five
hundred and fifty-two (552) miles; to Napa, five hundred and seven (507) miles;
to Stockton, five hundred and sixty (560) miles; to San Quentin, four hundred
and eighty (480) miles.

182. San Francisco.

Sec. 182. From the county seat of San Francisco county to Sacramento,
eighty-four (84) miles; to Napa, thirty-nine (39) miles; to Stockton, ninety-two
(92) miles; to San Quentin, twelve (12) miles.

183. San Joaquin.

Sec. 183. From the county seat of San Joaquin county to Sacramento,
forty-eight (48) miles; to Napa, eighty-seven (87) miles; to San Quentin, one
hundred and four (104) miles.

184. San Luis Obispo.

Sec. 184. From the county seat of San Luis Obispo county to Sacramento,
two hundred and ninety-three (293j miles; to Napa, two hundred and forty-
eight (248) miles; to Stockton, two hundred and eighty-seven (287) miles; to
San Quentin, two hundred and twenty-one (221) miles.

185. San Mateo.

Sec. 185. From the county seat of San Mateo county to Sacramento, one
hundred and five (105) miles; i6 Napa, sixty (60) miles; to Stockton, one
hundred and thirteen (113) miles; to San Quentin, thirty-three (33) miles.

186. Santa Barbara.

Sec. 186. From the county scat of Santa Barbara county to Sacramento,
three hundred and sixty-nine (369) miles; to Napa, three hundred and twenty-
four (324) miles; to Stockton, three hundred and seventy-seven (377) miles; to
San Quentin, two hundred and ninety-seven (297) miles.

187. Santa Clara.

Sec. 187. From the county seat of Santa Clara county to Sacramento, one
hundred and twenty-eight (128) miles; to Napa, eighty-nine (89) miles; to
Stockton, eighty (80) miles; to San Quentin, sixty-two (62) miles.

188. Santa Cruz.

Sec. 188. From the county seat of Santa Cruz county to Sacramento, two
hundred and five (205) miles; to Naj):!, one hundred and sixty (160) miles; to
Stockton, one hundred and fifty-one (151) miles; to San Quentin, one hundred
and thirty-three (133) miles.

LEGAL DISTANCES. 189-199

189. Sliasta.

Sec. 189. From the county seat of Shasta conntj to Sacramento, one hun-
dred and seventy-seven (177) miles; to Napa, two hundred and thirty-eight (2.38)
miles; to Stockton, two hundred and twenty-five (225) miles; to San Quentin,
two hundred and seventy -three (273) miles.

190. Sierra.

Sec. 190. From the county seat of Sierra county to Sacramento, one hun-
dred and nineteen (119) miles; to Napa, one hundred and seventy (170) miles;
to Stockton one hundred and sixty-seven (167) miles; to San Quentin, two
hundred and fifteen (215) miles.

191. Siskiyou.

Sec. 191. From the county seat of Siskiyou county to Sacramento, two hun-
dred and eighty-five (285) miles; to Napa, three hundred and forty-six (34G)
miles; to Stockton, three hundred and thirty-three (333) miles; to San Quentin,
three hundred and seventy-one (371) miles.

192. Solano.

Sec. 192. From the county seat of Solano county to Sacramento, forty (40)
miles; to Napa, twenty-one (21) miles; to Stockton, eighty- eight (88) miles;
to San Quentin, fifty-six (56) miles.

193. Sonoma.

Sec. 193. From the county seat of Sonoma county to Sacramento, one hun-
dred and forty-one (141) miles; to Napa, thirty-five (35) miles; to Stockton,
one hundred and forty-nine (149) miles; to San Quentin, sixty-nine (G9) miles.

194. Stanislaus.

Sec. 194. From the county seat of Stanislaus county to Sacramento, seventy-
seven (77) miles; to Napa, one hundred and thirty-eight (138) miles; to Stock-
ton, thirty (30) miles; to San Quentin, one hundred and fourteen (114) miles.

195. Sutter.

Sec. 195. From the county seat of Sutter county to Sacramento, fifty (50)
miles; to Napa one hundred and eleven miles; to Stockton, ninety-eight miles;
to San Quentin, one hundred and forty-six miles.

196. Tehama.

Sec. 196. From the county seat of Tehama county to Sacramento, one hun-
dred and thirty-five miles; to Napa, one hundred and ninety-six miles; to Stock-
ton, one hundred and eighty-three miles; to San Quentin, two hundred and
thirty-one miles.

197. Trinity.

Sec. 197. From the county seat of Trinity count}' to Sacramento, two hun-
dred and seventeen miles; to Napa, two hundred and seventy-eight-miles; to
Stockton, two hundred and sixty-five miles; to San Quentin, three hundred and
thirteen miles.

198. Tulare.

Sec. 198. From the county seat of Tulare count}^ to Sacramento, two hun-
dred and eleven miles; to Napa, two hundred and seventy-two miles; to Stock-
ton, one hundred and sixty-three miles; to San Quentin, two hundred and
forty-nine miles.

199. Tuolumne.

Sec. 199. From the county seat of Tuolumne county to Sacramento, one
hundred miles; to Napa, one hundred and sixty-one miles; to Stockton, fifty-
two miles; to San Quentin, one hundred and sixty-six miles.

200-203 POLITICAL CODE.

200. Ventura.

Sec. 200. From the county seat of Yentura county to Sacramento, tliree hun-
dred and ninety-two miles; to Napa, three hundred and forty-seven miles;
to Stockton, four hundred miles; to San Quentin, three hundred and twenty
miles.

201. Yolo.

Sec. 201. From the county seat of Yolo county to Sacramento, twenty
miles; to Napa, forty-one miles; to Stockton, sixty-eight miles; to San Quentin,
ninety-two miles.

202. Yuba.

Sec. 202. From the county seat of Yuba county to Sacramento, fifty-two
miles; to Napa, one hundred and thirteen miles; to Stockton, one hundred
miles; to San Quentin, one hundred and foi-ty-six miles.

203. Mileage.

Sec. 203. When mileage is allowed by law to any person, the distance must
be computed as herein fixed. \ Amendment of entire title, approved April 3, 1876;
Amendments, 1875-6, 3; took effect immediately; repealed conjiicting acts.'-^''

I^^RT III.

OF THE GOVEENMENT OF THE STATE.

Title I. Public Oiticers 220

II. Elections 1041

III. Education 1385

IV. Militia 1895

V. Public Institutions 2136

VI. Public Ways 2348

VIL General Police of the State 2949

VIII. Property of the State 3395

IX. Revenue of the State 3607

TITLE I.

Public ©fficcr^.

Chapter I. Classification of Public Officers 220

II. Legislative Officers 225

III. Executive Officers 341

IV. Judicial Officers 726

V. Salaries of Judicial Officers 736

VI. Ministerial and other Officers connected with the Courts 749
VII. General Provisions relative to^duterent Classes of Of-

FICEES 841

(o) It is deemed impraoticable to give the original i, 1874; Amendmonts 1873-4, 61, and as to Sutter by act

sections providing legal distances. If desired, they of March :iO, 1«74; Amtudiiients lH7:?-4, 3. The dis-

can be found in editions of the Political Code as up- tances in Ventura county were provided for by act of

proved in 3873, amended as to Inyo by act of February January 9, 1S74; 1873-4, 21.

100

PUBLIC OFFICEES. 220-228

CHAPTEE I.

CLASSIFICATION OF PUBLIC OFFICERS.

220. Classification of public officers.

Sec. 220. The public officers of this state are classified as follows:

1. Legislative;

2. Executive;

3. Judicial;

4. Ministerial officers and officers of the courts;

But this classification is not to be construed as defining the legal powers of
either class.

CHAPTER II.

LEGISLATIVE OFFICEES.

Aeticle I. Designation, Tebm of Office, and Election of Members 22.5

II . Meeting and Organization of the Legislature 235

III. Number, Designation, Election and Appointment of Officers and Em-

ployees of the Legislature 245

IV. Powers and Duties of Officers and Employees of the Legislature 252

V. Compensation op Members, Officers, and Employees of the Legislature. 266

VI. Contesting Elections for Members op the Legislature 273

VII. Contesting Elections for Governor or Lieutenant-Governor 288

VIII. Attendance and Examination of Witnesses before the Legislature and Com-
mittees thereof 300

IX. Enactment op Statutes 309

X. Promulgation op Statutes 318

XI. Operation op Statutes 323

XII. Public Eeports 332

ARTICLE I.

NUMBER, DESIGNATION, TEKM OF OFFICE, AND ELECTION OF MEMBERS OF THE

LEGISLATURE.

225. Number and designation.

Sec 225. The legislature consists of:

1. Forty senators; and,

2. Eighty members of the assembly.

226. Term of office.

Sec. 226. The tenn of office of a senator is four years; of a member of the
assembly, two years.
228. Election of senators and members of assembly.

[Secs. 227, 228, 229, and 230<"^ were superseded by "An act to define the
senatorial and assembly districts of this state, and to a^Dportion the representa-

(a) Original (superseded) sections: the eighth senatorial district, three senators — two by

Sec. 227. At the general election in the year eighteen the county of San Francisco, and one by the counties

hundred and seventy-three, and at the general election of San Francisco and San Mateo jointly; and in the

every four years thereafter, there must be elected in twentj'-third senatorial district, one senator by the

the second, third, fourth, seventh, ninth, twelfth, county of Yuba; and in the twenty-fourth senatorial

thirteenth, fourteenth, fifteenth, sixteenth, seven- district, one senator by the counties of Butte, Plumas,

teenth, nineteenth, twentieth, twenty-first, twenty- and Lassen, jointly.

second, and twenty-eighth senatorial districts, one Sec. 229. The members of the assembly miist be

senator each; and in the eighth senatorial district, two elected at the general election in the year eighteen

senators by the county of San Francisco; and in the hundred and seventy-three, and at the general election

twenty-third senatorial district, one senator by the every two years thereafter.

counties of Yuba and Sutter jointly; and in the twenty- Sec. 230. The number of members of the assembly to

fourth senatorial district, one senator by the county be chosen in the several counties is as follows : In the

of Butte. county of San Diego, one; in the county of San Bernar-

Sec. 228. At the general election in the year eighteen dino, one; in the county of Los Angeles, two; in the

hundred and seventy-five, and at the general election counties of Santa Barbara and San Luis Obispo, one;

every four years thereafter, there must be elected in in the coimty of Fresno, one ; in the counties of Tulare

the first, fifth, sixth, tenth, eleventh, twelfth, thir- and Kern, one; in the county of Mariposa, one; in the

teenth, fifteenth, sixteenth, eighteenth, twentieth, counties of Merced and Stanislaus, one; in the county

twenty-first, twenty-fifth, twenty-sixth, and twenty- of Santa Cruz, one; in the county of Monterey, one; in

seventh senatorial districts, one senator each; and in the county of Santa Clara, three; in the county of San

101

228-245 POLITICAL CODE.

tiou thereof," approved March IG, 1874; 1873-4, 3GG. The act is given in full,
ante, 78.]

AKTICLE 11.

MEETING AND ORGANIZATION OF THE LEGISLATURE.

235. Time and place of meeting.

Sec. 235. The legislature must assemble at the seat of government on the
first Monday in December, eighteen hundred and seventy-three, and on the
first Monday in December every two years thereafter.

236. Certificate of election evidence of right to seat.

Sec. 236. The certificate of election is prima facie evidence of the right to
membership. [Amendment, approved March 30, 1874; Amendments 1873-4, 3;
took effect July G, 1874.^"'

237. Secretary, cleric, and sergeant-at-arms to hold until successors elected.

Sec. 237. The secretary of the senate, and clerk of the assembly, the minute
clerks, and sergeant-at-ai'ms of each house for any session must, at the next
succeeding session of the body perform the duties of their offices until their
successors are elected and qualified.

238. Senate, organization of.

Sec. 238. At the hour of twelve o'clock m., on the day appointed for the
meeting of any regular session of the legislature, the president of the senate,
or in case of his absence or inability, then the senior member present, must
take the chair, call the members and members elect to order, and then cause
the secretaiy to call over the senatorial districts, in their order, from which
members have been elected at the preceding election, and as the same are called
the members elect must present their certificates, take the constitutional oath
of office, and assume their seats. The senate may thereupon, if a quorum is
present, proceed to elect its officers.

239. Assembly, organization of.

Sec. 239. At the time sj)ecified in section two hundred and thirty-eight, the
clerk of the assembly, or in case of his absence or inability, then the senior
member elect jDresent, must take the chair, call the members elect to order, and
then call over the roll of counties in alphabetical order; and as the same are
called the members elect must present their certificates, take the constitutional
oath of office, and assume their seats. The assembly may thereupon, if a quo-
rum is present, proceed to elect its officers.

240. Oath to be entered on journal.

Sec. 240. An entry of the oath taken by members of the legislature must be
made on the journals of the proper house.

AKTICLE III.

NUMBER, DESIGNATION, ELECTION, AND APPOINTMENT OF OFFICERS AND EMPLOYEES OF

THE LEGISLATURE.

245. Officers of senate.

Sec. 245. The officers and employees of the senate consist of a president,

Francisco, twelve; in the county of San Mateo, one; county of Nevada, four; in the county of Sierra, two;

in the county of Alameda, two; in the county of Contra in the county of Yuba, three; in the county of Sutter,

Costa, oiif-; in the county of Marin, one; in the county one; in the county of Butte, two; in the counties of

of San .Joiiquin, two; in the counties of Tuolumne, Plumas and Lassen, one; in the counties of Tehama

^lono, and Inyo, three; in the county of Calaveriis, and Cohisa, one; in the county of Shasta, one; in the

three; in tlie counties of Amador and Alpiije, two; in county of Trinity, one; in the county of Humboldt,

the county of El Dorado, four; in the county of Sacra- one; in the counties of Klamath and Del Norte, one;

iiiento. five; in tlie county of Solano, one; in the county in tlae county of Siskiyou, two.

of Yolo, one; in the counties of Napa and Lake, one; (a) The original section had the word "j)rimary"

in the county of Mendocino, one; in tlie county of instead of " prima facie."
Sonoma, three; in the county of Placer, three; in the

102

. PUBLIC OFFICEKS. 245-249

president pi'o tern, one secretary, two assistant secretaries, one sergeant-at-
arms, one assistant sergeant-at-arms, one minute clerk, one journal clerk, one
enrolling clerk, one engrossing clerk, three pages, three porters, and one post-
master, who, without additional compensation, shall be paper folder. [Amend-
ment, approved March 31, 1876; Amendmerds, 1875-G, 8; took effect sixtielli day
after passage }^^

246. Officers of assembly.

Sec. 246. The officers and employees of the assembly consist of a speaker,
speaker pro tern, one chief clerk, two assistant clerks, one sergeant-at-arms,
one assistant sergeant-at-arms, one minute clerk, one journal clerk, one enroll-
ing clerk, one engrossing clerk, four porters, four pages, and one postmaster,
who, without additional compensation, shall be paper folder. [Amendment,
approved March 31, 1876; Amendments 1875-6, 8; took effect sixtieth day after
passage S"^

247. Hoio elected.

Sec. 247. All officers and employees of the legislature, except the president
of the senate, porters and pages, must be elected b}' the house to which such
officers and employees are attached. The porters and pages shall be appointed
by the presiding officers of their respective houses. [Amendment, approved
March 31, 1876; Amendments 1875-6, 8; took effect sixtieth day after passage. '^^^

248. Engrossing and enrolling clerks and assistants.

Sec. 248. The engrossing clerks and enrolling clerks of the senate and assem-
bly' shall have no power to appoint any assistants at a per diem, but shall have
exclusive control of all engrossing and enrolling that may come into their
respective offices, and shall be required to report all bills back within forty-
eight hours after their recej^tion, unless further time be granted. Should the
amount of work in either of the above-named offices accumulate so that the
clerk cannot complete the same within the time si^ecified, then the engrossing
or enrolling clerk may employ such assistance as may be necessary to complete
the work within the time specified in this act. [New section, approved March 31,
1876; Amendments 1875-6, 8; took effect sixtieth day after passage.

249. Pay of assistants.

Sec. 249. All work performed by assistants in the engrossing and enrolling
clerks' offices, shall be paid for out of the contingent fund of the respective
houses in which the work is performed, as follows: For work performed in the
engrossing clerks' office, not to exceed the sum of fifteen cents per folio of one
hundred words; and for work performed in the enrolling clerks' offices, not to
exceed the sum of twenty-five cents per folio of one hundred words. All bills
for engrossing, or enrolling, shall be made out by the clerk and presented, at
the end of each week, to the committee on expenditures and accounts, or such
other committee as either house may designate, whose duty it shall be to audit
and certify to the correctness of the same. Upon this certificate the controller
shall draw his warrant in favor of the clerk in whose office the w^ork has been
done, for the amount performed each week, and the clerk shall receive and pay
the same to his assistants, and shall become personally responsible to his assist-
ants for their pay, and to their respective houses for all bills received by them,
[New section, approved March 31, 1876; Amendments 1875-6, 9; took effect six-
tieth day after passage.

(a) The original section iirovicled also for "two (h) The original section did not have the words

copjiug clerks" and for " one post-office page and one " porters and pages," nor the last sentence relating to

paper folder." It did not have the words " who, with- their appointment,
out additional compensation, shall be paper folder."

103

252-261 POLITICAL CODE.

ARTICLE IV.

POWERS AND DUTIES OF THE OFFICERS AND EMPLOYEES OF THE LEGISLATURE.

252. What officers of, may administer oaths.

Sec. 252. The president and president pro tern of the senate, and the speaker
and sjDeaker pro tern of the assembly, may administer the oath of office to any
senator or assemblyman, and to the officers of their respective bodies. The
members of any committee may administer oaths to witnesses in any matter
tinder examination.

253. Duties of secretary and clerk.

Sec. 253. The secretary of the senate and the chief clerk of the assembly
must attend each day, call the roll, read the journal and bills, and superin-
intend all copying necessary to be done for their resi^ective houses.

254. Duties of assista7it secretary and assistant clerk.

Sec. 254. The assistant secretaries of the senate and the assistant clerks of
the assembly must take charge of all bills, petitions, and other papers pre-
sented to their respective houses, file and enter the same in the books provided
for that purpose, and j^erform such other duties as may be directed by the sec-
retary of the senate and chief clerk of the assembly.

255. Dulles of minute clerk.

Sec 255. The minute clerk of the senate and the minute clerk of the assem-
bly must keep a correct record of the jDroceedings of their respective houses.

256. Duties of journal clerk of senate.

Sec 256. The journal clerk of the senate must record each day's proceedings
in the journal, from which they must be read by the secretary each day of
meeting, and then be authenticated by the signature of the president.

257. Duties of journal clerk of assembly.

Sec 257. The journal clerk of the assembly must record each daj^'s proceed-
ings in the journal, from which they must be read by the clerk each day of
meeting, and then be authenticated by the signature of the speaker.

258.

[Sec 258^^^ was repealed by act approved March 31, 1876; Amendments 1875-6,
9; took effect sixtieth day after passage.^

259. Duties of sergeanfs-ai-arms.

Sec 259. The sergeant-at-arms of the senate, and the sergeant-at-arms of
the assembly, must give a general supervision, under the direction of their pre-
siding officers, to the senate and assembly chambers, with the rooms attached;
attend during the sittings of their respective bodies, execute their commands
and all process issued by their authority; keep an account for pay and mileage
of members, and prepare checks for the same.

260. Duties of assistant sergeants-at-arms.

Sec 260. The assistant sergeant-at-arms of each house must perform the
duties of doorkeeper, prohibit all persons, except members, officers, and em-
ployees, and such other persons as may have the privilege of the floor assigned
them by the rules of each house, from entering within the bar of the house,
unless upon invitation, and keep order in the halls and lobbies.

261. Duties of officers at close of session.

Sec 261. The secretary and assistant secretaries of the senate, and chief
clerk and assistant clerks of the assembly, at the close of each session of the

la) Eepealed Bcction: copying for the ijrintcr as is ordered by their respec-

Sec. 258. The copying clerks muBt perform such tive houses.

104

PUBLIC OFFICERS. 261-274

legislature, must mark, label, and arrange all bills and papers belonging to
the archives of their respective houses, and deliver them, together with all the
books of both houses, to the secretary of state, who must certify to the recep-
tion of the same.

ARTICLE V.

COMPENSATION OF MEMBERS, OFFICEES, AND EMPLOYEES OF THE LEGISLATURE.

266. Per diem and mileage of members.

Sec. 266. Members of the legislature receive ten dollars per day during the
session of the legislature, and three dollars for every twenty miles of travel to
and from their residences to the place of holding the session.

267. Per diem and mileage of presiding officers.

Sec. 267. The president pro tern, of the senate, and speaker and sj^eaker pro
tern, of the assembly, each receive twelve dollars per day during the session of
the legislature.

268. Compensation of other officers and employees.

Sec. 268. There must be paid to the secretary, assistant secretaries, minute,
journal, enrolling, and engrossing clerks, and sergeant-at-arms of the senate,
the chief clerk, assistant clerks, minute, journal, enrolling, and engrossing
clerks, and sergeant-at-arms of the assembly, each eight dollars per day; to the
assistant sergeant-at-arms of the senate and assembty, each six dollars per day;
to the porters of the senate and assembly, each four dollars per day; to each
committee clerk appointed by authority of either house, five dollars per day,
except the clerks of the judiciary committees, who must be paid eight dollars
per day; to the pages and postmasters of the senate and assembly, each three
dollars per day. [Amendment, approved March 31, 1876; Amendments 1875-6;
took effect sixtieth day after jMssage.'-^^

269. Compensation for services after close of session.

Sec. 269. For services performed under the provisions of section 261 of this
code, each of the officers therein named receive a compensation of fifty dollars.

ARTICLE VI.

contesting elections fob members of the legislature.

273. Wlio may contest.

Sec. 273. The right of any person declared elected to a seat in the senate or
assembly may be contested by any qualified voter of the county or district to
be represented by such senator or assemblyman.

274. Statement of cause of contest to he filed.

Sec 274. The person contesting such election must, within twenty days after
the certificate of election is issued, file with the clerk of the county, or one of
the counties in which the alleged cause of contest originated, a statement of the
grounds of contest, verified by his oath. [Amendment, approved March 30, 1874;
Amendments 1873-4, 4; took effect July 6, 1874.^''>

(a) Original section: each six dollars per day; to the porters of the senate
Sec. 268. There must be paid to the secretaiy, the and assembly, each four dollars per day; to each corn-
assistant secretaries, journal clerk, and minute clerk mittee clerk, appointed by authority of either house,
of the senate, and to the chief clerk, assistant clerks, five dollars per day, except the clerks of the judiciary
journal clerk, and minute clerk of the assembly, each committees, who must each be paid eight dollars per
the sum of eight dollars per day; to the enrolling, day; to the pages, post-oifice pages, postmasters, and
engrossing, and copying clerks of the senate and as- paper folders of the senate and assembly, each three
sembly, each eight dollars per day; to the sergeant-at- dollars per day.

arms of the senate and to the sergeant-at-arms of the (6) The original section had the words " of the dis-
assembly, each six dollars per day; to the assistant trict court" after the word " clerk."
sergeant-at-arms of the senate and of the assembly,

105

275-282 POLITICAL CODE.

275. Commissio7i to take testimony.

Sec. 275. On the filing of such statement, the clerk must issue a commission,
directed to two justices of the peace of his county, to meet at a time and place
specified in the commission, not less than twenty nor more than thirty days
from the date thereof, for the purpose of taking the depositions of such wit-
nesses as the parties to the contest may wish to examine.

276. Notice to person interested, by ivhom served.

Sec. 276. "Written notice of such contest, specifying the time and place of
taking depositions, and a copj' of the statement, certified by the clerk, must be
delivered to the person whose election is contested, or if he cannot be found,
left at the house where he last resided, by the sheriff of the county in which
such person claims his residence, within ten days after such statement is filed.

277. Compelling attendance of loiinesses.

Sec. 277. Either of the justices of the peace have power to issue subpoenas
for witnesses, at the request of either party, to be served hj the sheriff as other
subpoenas; and such justices, Avhen met at the time and j^lace appointed to
take such depositions, have the same power to issue attachments aud assess
fines against witnesses as is given to justices of the peace in the ti-ials of civil
actions.

278. Testimony, hoiv taken.

Sec. 278. The justices must meet at the time and place appointed, and take
the depositions of witnesses produced by the parties, and may continue the
examination from day to day, if necessary. When the examination is closed,
they must seal w^ the dej)Ositions taken before them, together with the commis-
sion, and transmit the same by mail or express to the clerk with whom the
statement was filed.

279. Vacancy in commission, lioxo filled.

Sec 279. If at any time either of the just'ces is unable to j)roceed in such
examination, the clerk may sui^ply the vacancy by designating any other justice
of the peace of the county.

280. Fees of officers.

Sec. 280. Officers performing seiTices in a contested election case may chai'ge
and collect from the party at whose instance such services were performed the
same fees as are allowed them for similar services in civil cases.

281. Testimony to he transmitted to secretary of state.

Sec. 281. The clerk must seal up the depositions, the original statement, the
copy of the notice served upon the party whose right is contested, and th&
commission issued to the justices of the peace, and transmit the same by mail
to the secretary of state, indorsing thereon the names of the contesting parties
and the branch of the legislature before which such contest is to be tried. The
secretary of state must deliver the same, unopened, to the presiding officer of the
house in which such contest is to be tried, on or before the second day of the
session of the legislature next after taking such dej)ositions, and such presiding
ofiicer must immediately give notice to the house that such papers are in his
possession.

282. Depositions.

Sec. 282. At any time after notice of contest has been given, and before
the trial thereof before the proper branch of the legislature, either party may
take depositions, to be read on the trial, in like manner and under the same
rules as are allowed and required in the cases of depositions to be read on the
trial of civil actions; and such depositions when taken, must be sealed up by
the officer taking the same, and directed to the secretary of state, who must

lUC

PUBLIC OFFICEKS. 282-295

keej? the same, unopened, and deliver tliem to the presiding officer of the house
in which the contest is to be tried.

283. Further evidence may he taken.

Sec. 283. The house before which the contest is pending- may take such
other evidence in the case as it deems material.

ARTICLE VII.

CONTESTING THE ELECTION FOR GOVERNOR OR LIEUTENANT-GOVERNOR,

288. Who may contest.

Sec 288. Any elector of the state may contest the election of any person
declared elected governor or lieutenant-governor of the State of California.

289. Grounds of contest to he stated in petition.

Sec 289. Such elector may, within twenty days after the declaration of the
result of the election, deliver to the 2:)residing officer of each house of the legis-
lature a verified specification of the grounds of contest.

290. Notice to respondent.

Sec 290. As soon as the presiding officers have received the specifications
they must make out a notice, in writing, directed to the person whose election
is contested, and deliver the same to a sergeant-at-arms, who must serve such
notice at once on the jjerson therein named.

291. Notice to houses.

Sec 291. The presiding officers must also immediately give notice to their
resj)ective houses that such specifications have been received.

292. Trial committee, how chosen.

Sec 292. Each house must at once choose seven members of its own body,
in the following manner:

1. The names of the members, except the speaker of the assembly, written
on similar paper tickets, must be placed in a box;

2. The secretary of the senate, in the presence of the senate, and the clerk
of the assembly, in the pi'esence of the house, must draw from their respective
boxes the names of seven members of each.

293. Notice of choice.

Sec 293. As soon as the names are drawn, notice of the names of members
drawn in one house must be given to the other, and the names of the fourteen
members drawn must be entered on the journals of each house.

294. Poivers of committee.

Sec 294. The members thus selected constitute a committee to try such
contested election, and for that purpose must hold their meetings publicly at
the seat of government at such time and place as they may designate, and may
adjourn from day to day, or to a day certain, until such trial is determined.
They have power to send for persons and papers, and to take all necessaiy
means to procure testimony, extending like privileges to each party to the con-
test. They must report their judgment in the j^remises to both houses of the
legislature, which report must be entered upon the journals.

295. Judgment of committee.

Sec 295. The judgment of the committee thus reported is final and con-
clusive.

107

300-309 POLITICAL CODE.

AETICLE VIII.

ATTENDANCE AND EXAMINATION OF WITNESSES BEFOEE THE LEGISLATURE AND COMMITTEES

• THEREOF.

300. Subpcenas.

Sec. 300. A subpoena requiring; the attendance of any witness before either
house of the legislature or a committee thereof may be issued by the presi-
dent of the senate, speaker of the house, or the chairman of any committee be-
fore whom the attendance of the witness is desired; and it is sufficient if:

1. It states whether the proceeding is before the assembl}^ or senate or a
committee;

2. It is addressed to the witness;

3. It requires the attendance of such witness at a time and place certain;

4. It is signed by the president of the senate, speaker of the assembly, or
chairman of a committee.

301. Service of subpcenas.

Sec. 301. The subpoena may be served by any person who might be a witness
in the matter, and his affidavit that he delivered a copy to the witness, is evi-
dence of seiTice. [Amendment, cqyproved March 30, 1874; Amendments 1873-4, 4;
took effect July 6, 1874.^"'

302. Contempt.

Sec. 302. If any witness neglects or refuses to obey such subpoena, or
api^earing, neglects or refuses to testify, the senate or assembly may, by reso-
lution entered on the journal, commit him for contempt.

303. Compelling attendance.

Sec. 303. Any witness neglecting or refusing to attend in obedience to
subiDoena may be arrested hj the sergeant-at-arms and brought before the
senate or assembly. The only warrant or authority necessary to authorize such
arrest is a copj' of a resolution of the senate or assembly, signed by the presi-
dent of the senate or speaker of the assembly, and countersigned bj- the
secretaiy or clerk.

304. Witnesses not to be held to answer criininally — Refusal to testify.

Sec. 304. No i^erson sworn and examined before either house of the legisla-
ture, or any committee thereof, can be held to answer criminally or be subject
to any 2:»enalt3^ or forfeiture for any fact or act touching which he is required to
testify; nor is any statement made or paper produced byanj^such witness com-
petent evidence in any criminal proceeding against such witness; nor can such
witness refuse to testify to any fact or to produce an}'' paper touching which he
is examined, for the reason that his testimony or the production of such paper
may tend to disgrace him or render him infamous. Nothing in this section
exempts any witness from prosecution and punishment for perjury committed
by him on such examination.

ARTICLE IX.

enactment of STATUTES.

309. Bills received by governor to be indorsed by pjrivate secretary.

Sec 309. Every bill must, as soon as delivered to the governor, be indorsed

as follows: "This bill was received by the governor this day of ,

eighteen ." The indorsement must be signed by the private secretary of

the governor.

(a) The original section had the word " might" instead of " may."

108

PUBLIC OFFICEES. 310-325

810. Approval of bills.

Sec. 310. When the governor approves a bill he must set his name thereto,
with the date of his approval.

311. Bills returned tvithout appiroval.

Sec. 311. When a bill has passed both houses of the legislature and is
returned by the governor without his signature and with objections thereto, and
upon a reconsideration jDasses both houses by the constitutional majority, it
must be authenticated as having become a law by a certificate indorsed thereon
or attached thereto in the following form: " This bill having been returned by
the governor with his objections thereto, and after reconsideration having

passed both houses by the constitutional majority, it has become a law this

day of , A. D. ," which indorsement, signed by the president of the

senate and speaker of the assembly, is a sufficient authentication thereof. Such
bill must then be delivered to the governor and by him must be deposited with
the laws in the office of the secretary of state.

312. Return, when house not in session.

Sec. 312. If, on the day the governor desires to return a bill without his ap-
proval, and with his objections thereto to the house in which it originated, that
house has adjourned for the day (but not for the session), he may deliver the
bill with his message to the presiding officer, secretary, clerk, or any member
of such house, and such delivery is as effectual as though returned in open
session, if the governor, on the first day the house is again in session by message
notifies it of such delivery, and of the time when, and the person to whom such
delivery was made.

313. Bills remaining with governor more than ten days.

Sec 313. Every bill which has passed both houses of the legislature, and has
not been returned by the governor within ten days, thereby becoming a law, is
authenticated by the governor causing the fact to be certified thereon by the
secretary of state in the following form: "This bill having remained with the
governor ten days (Sundays excepted), and the legislature being in session, it

has become a law this day of , a. d. ," which certificate must be

signed by the secretarj^ of state, and deposited with the laws in his office.

AKTICLE X.

PROMULGATION OF STATUTES.

318. Publication and distribution of statutes .

Sec. 318. The publication and distribution of statutes is provided for in
Chapter III, Title I, Part III, of this Code. [See post, 409 and 526-537.]

ARTICLE XI.

OPERATION OF STATUTES.

323. When statutes take effect.

Sec. 323. Eveiy statute, unless a different time is prescribed therein, takes
effect on the sixtieth day after its passage.

324. When joint resolutions take effect.

Sec. 324. Every joint resolution, unless a different time is prescribed therein,
takes effect from its passage.

325. Effect of amendment.

Sec 325. Where a section or part of a statute is amended, it is not to be con-
sidered as having been repealed and re-enacted in the amended form; but the

lO'J

325-334 POLITICAL CODE.

portions which are not altered are to Le considered as having been the law
from the time when they were enacted, and the new provisions are to be con-
sidered as having been enacted at the time of the amendment.

326. Construction of statutes.

Sec. 326. The general rules for the construction of statutes are contained in
the preliminary provisions of the different codes.

327. Repeal of statutes.

Sec. 327, Any statute may be repealed at any time, except when it is other-
wise provided therein. Persons acting imder any statute are deemed to have
acted in contemplation of this power of repeal.

328. Act repealed not revived by repeal of repealing act.

Sec 328. No act or part of an act, rejiealed by another act of the legislatvire,
is revived by the repeal of the repealing act without express words reviving such
repealed act or part of an act.

329. Repeal of laics creating criminal offenses, effect of.

Sec. 329. The repeal of any law creating a criminal offense does not constitute
a bar to the indictment and punishment of an act already committed in violation
of the law so repealed, unless the intention to bar such indictment and punish-
ment is expressl}' declared in the repealing act.

330. Amendatory act, ivhen void.

Sec. 330. An act amending a section of an act repealed is void.

AKTICLE XII.

PUBLIC REPORTS.

332. When state officers, etc., are to report.

Sec. 332. All officers, boards of officers, commissioners, trustees, regents, and
directors, required by law to make reports to the governor or legislature, except
the controller of state, must send such reports to the governor before the first
day of August, in the year eighteen hundred and seventy-three, and in every
second year thereafter.

333. Reports, printing of.

Sec. 333. The superintendent of state printing must j^rint such reports before
the last Monday in November next after the receijit thereof. [Amendment, ap-
ptroved March 11, 187G; Amendments 1875-6, 9; took efeci sixtieth day after
passage.^"''

334. Number to be printed.

Sec 334. There must be printed:

Of the report of the secretary of state, twelve hundred copies;

Of the report of the controller of state, two thousand copies;

Of the report of the state treasurer, two hundred and fifty coj^ies;

Of the report of the surveyor-general, two thousand five hundred copies;

Of the report of the superintendent of public instruction, four thousand five
hundred copies;

Of the report of the attorney-general, one thousand copies;

Of the report of the adjutant-general, six hundred copies;

Of the report of the state librarian, six hundred copies;

Of the report of the fish commissioners, twelve hundred cojjies;

Of the report of the directors, resident physician, visiting physicians of the
insane asylum, eighteen hundred copies;

(a) The original section had the words " state printer " instead of " superintendent of state printing."

110

PUBLIC OFFICERS. 334-335

Of the report of the directors of the state prison, eighteen hundred copies;

Of the report of the insurance conjniissioner, eight hundred copies;

Of the report of the state board of harbor comniissioners, twelve hundred
copies;

Of the report of the regents of the university, twelve hundred copies;

Of the report of the trustees of the asylum for the deaf, dumb, and blind,
eight hundred copies;

Of the report of the state board of equalization, two thousand copies;

Of the report of the state board of health, one thousand copies;

Of the report of the state agricultural society, one thousand copies;

Of the report of the commissioners to manage the Yosemite Valley and Mari-
posa big tree grove, five hundred copies. [Amendment, approved March 11,
1876; Amendments 1875-6, 9; took effect sixtieth day after passage}^^

335. Distribution of reports.

Sec. 335. The reports must be delivered by the superintendent of state print-
ing as follows :

To the governor, fifty copies of each report;

To the state librarian, ten copies of each report;

To the secretary of state, thirty copies of each report;

To the superintendent of public instruction, two thousand copies of his re-
port, for distribution to school trustees and teachers, and for exchange with
other states;

To the surveyor-general, one thousand copies of his report, for distribution to
the county surveyors, assessors, and county clerhs of the several counties, and
for exchange with other states;

To the adjutant-general, two hundred and fifty copies of his report, to be
distributed at his discretion;

To the attorney-general, one hundred copies of his report, for distribution
to the several district attorneys of the state ;

To the controller, two hundred cojiies of his report;

To the secretary of state, two hundred copies of his report;

To the state treasurer, one hundred cojDies of his report;

To the state librarian, one hundred and fifty copies of his report;

To the officers of each of the insane asylums, tw^o hundred copies of their report;

To the directors of the state prison, one hundred copies of their report;

To the insurance commissioner, one hundred copies of his report;

To the regents of the university, two hundred coj)ies of their report;

To the trustees of the asylum for the deaf, dumb, and blind, three hundred
copies of their report;

To the fish commissioners, two hundred copies of their report;

To the state board of health, two hundred copies of their report;

To the officers of the state agricultural society, two hundred copies of their
report;

To the commissioners to manage the Yosemite valley and the Mariposa big
tree grove, one hundred copies of their rej^ort.

And the remaining copies thereof : one third to the order of the sergeant-at-
arms of the senate, and two thirds to the order of the sergeant-at-arms of the
assembly, to be by them distributed pro rata to the members of the senate and
assembly next to convene.

(a) The original section provided for the following missioners, 1200; state board of harbor commissioners,

nuTubersofreiDorts: secretary of state, 1200; controller, 1200; regents of university, 2400; state agricnltural

2G40; treasurer, 2160; surveyor-general, 52b0; superin- society, I'iOO; deaf, dumb, and blind asylum, 1200; state

tendent of public instruction, 5280; attorney-general, board of health, 2400: insurance commissioner, 1000.

120ii; adjutant-general, 12(0; state librarian, I'JdO; fish It was previously amended by act of March 30. 1874:

commissioners, 1200; insane asylum, 2400; state prison, Amendments 1873-4, 4, so as to omit the provision re-

2400; state board of equalization, 2400 ; capitol com- specting the report of the insxxrance commissioner.

Ill

335-341 POLITICAL CODE.

No report must contain more than one hundred pages of printed matter,
except the report of the controller of state. [Ameridment, approved March 11,
1876; Amendments 1875-6, 11; took effect sixtieth day after passage .'^"^

336. To be printed in English.

Sec. 336. All rejiorts must he printed in the English language.

337. Report of insurance commissioner to be printed and distributed.

Sec. 337. Of the report of the insurance commissioner, the commissioner
must have printed, at the expense of his office, one thousand copies, and must
deliver of the same as follows:

To the governor, twenty copies;

To the state libraiian, ten coj)ies;

To the secretary of state, thirty copies;

To the sergeant-at-arms of the senate, eighty copies;

To the sergeaut-at-arms of the assembly, one hundred and sixty copies;

And the residue must he distributed by the commissioner in furtherance of
the interest of insurance. [Neiv section, approved March 30, 1874; Amendments
1873-4, 7; took effect July 6, 1874.

CHAPTEE III.

EXECUTIVE OFFICERS.

Article I. Classification, Number, and Designation of Executive Officers... 341

II. Mode of Ei,ection or Appointment, and term op Civil Executive Ofj;'icer3 348

III. Governor 380

IV. Lieutenant-Governor 396

V. Secretary of State 407

VI. Controller 433

VII. Treasurer 452

VIII. Attorney-General 470

IX. Surveyor-General 483

X. Kegister of the State Land Office , 497

XI. Superintendent of Public Instruction 512

XII. State Printer 52fi

XIII. State Geologist 548

XIV. Sealer of Weights and Measures 561

XV. Inspector of Gas Meters 577

XVI. Insurance Commissioner 594

XVII. Fish Commissioners 642

XVIII. Board of Examiners 654

XIX. Other Executive Officers 695

ARTICLE I.

CLASSIFICATION, NIJMBEB, AND DESIGNATION OF EXECUTIVE OFFICERS.

341. Classification of executive officers.
Sec. 341. Executive officers are either:

1. Civil; or,

2. Military.

(o) The original section had the words " state print- ies of their report; the state board of equalization 200
er " instead of " superintendent of state printing," and copies of tlicir nport. and oniitti^d the coinniissioners
did not have the last senteni-i- coiiuiicijciuK with the of the Ydseniitf Valley and MarilJUHa hit; tree j^rove.
words " no report must contain." It difTena from the It was privicMisly an'icndcd bv act of March 30, 1874;
aniendni'ut in the text by providing; that the superin- Aniendnicnts 1873-4, 5, so as to give to tin; state treasiirer
timdent of jinblii- instniction Khonld liave 2500 copies instead of the state librarian 10 copies of each report
of his report; the adjutant-Kcneral 500 copies of liis and to omit any xjrovision for the insurance commis-
report; the state librarian 200 copies of his report; the sioner. In other respects that amendment was sub-
trustees of the deaf, dumb, and blind asylum 500 coiJ- stantlally the same as the original section.

112

PUBLIC OFFICEES. 342-343

342. Military officers.

Sec. 342. Military officers are designated and their duties prescribed in Title
IV of Part III of this Code. [See post, 1895-2117.]

343. Designation and number of civil executive officers.

Sec. 343. The number and designation of the civil executive officers are as
follows :

A governor;

A private secretary for the governor;

An executive clerk for the governor;

A lieutenant-governor;

A secretary of state;

A deputy secretary of state;

A clerk for the secretary of state;

Two recording clerks for the secretary of state;

A general clerk for the secretary of state;

Two special clerks for the secretary of state;

A controller;

A deputy controller;

A bookkeeper for the controller;

Five clerks for the controller.

A treasurer;

Two clerks for the treasurer;

An attorney-general;

A clerk for the attorney-general;

A surveyor-general;

A deputy surveyor-general;

Three clerks for the surveyor-general;

A register of the state laud office;

A deputy register of the state land office;

Two clerks for the register;

A superintendent of public instruction;

A deputy for the superintendent of public instruction;

A clerk for the superintendent of public instruction;

A state printer;

[The office of state printer was abolished and that of "superintendent of
state printing" created by act of March 26, 1872; 1871-2, 554. See post, 526.]

A state geologist;

A state sealer of weights and measures;

An inspector of gas meters;

A vaccine agent;

A commissioner of immigration;

An insurance commissioner;

A deputy for the insurance commissioner;

Three state capitol commissioners;

Three tide land commissioners;

Three members of the state board of tide land commissioners;

[The state board of tide land commissioners was abolished by act of February
4, 1876; see post, 365.]

Four port wardens for the port of San Francisco;
A port warden for each port of entry except San Francisco;
Three state harbor commissioners;
Three harbor commissioners for the port of Eureka;

Six pilots for each harbor where there is no board of pilot commissioners;
8 . 113

343-351 POLITICAL CODE.

Three members of the marine board for the port of San Francisco;

[The marine board was abolished by act of December 22, 1875. See j^ost,
2583.]

Three members of tlie board of pilot commissioners for the ports of San
Francisco, Mare Island, and Benicia.

Three members of the board of pilot commissioners for Humboldt bay and
bar ;

Three fish commissioners;

Five members of the board of health of San Francisco;

Five members of the board of health of Sacramento;

Seven members of the state board of health;

A president and nine directors of the state board of agriculture;

Three members of the state board of equalization;

Twenty-two regents of the university of California;

Ten members of the state board of education;

Seven trustees of the state normal school;

Five trustees of the state library;

A state librarian;

Two deputy state librarians;

A librarian of the supreme court library;

Three directors of the state prison;

Five directors of the insane asylum;

A medical superintendent of the insane asylum;

Three assistant physicians of the insane asylum;

A treasurer of the insane asylum;

Five trustees of the asylum for the deaf, dumb, and blind;

Three trustees of the state burying grounds;

Kine commissioners of the Yosemite valley and Mariposa big tree grove;

Three members of the board of examiners;

A clerk for the board of examiners;

Such other officers as fill offices created by or under the authority of the gen-
eral laws for the government of counties, cities, and towns, or of the charters
or special laws resj^ecting the same, or of the health, school, election, road, or
revenue laws.

AKTICLE II.

THE MODE OF ELECTION OR APPOINTMENT AND TERM OF OFFICE OF CIVIL EXECUTIVE

OFFICERS.

348. Cciiain officers elected.

Sec 348. The mode of election of the governor, lieutenant-governor, secre-
tary of state, controller, treasurer, attorney -general, surveyor-general, and su-
perintendent of public instruction is prescribed by the constitution.

349. State printer.

Sec 319. Tlie state printer is elected at the same time as the state officers
mentioned in the preceding section, and holds his office for the term of foui*
years from the first Monday in December next succeeding his election.

[The office of state printer was abolished and that of " superintendent of state
printin- "' created by act of March 20, 1872; 1871-2, 554. See post, 52G.]

350. J.'iyisln- of land office.

Sec. 350. The surveyor-general is ex officio register and the deputy surveyor-
general is ex-<jfficio deputy register of the state land office.

351. Sl'ilc sealer of v^eigldH and meaaares.

Sec 351. The secretary of state is ex officio state sealer of weights and

measures.

114

PUBLIC OFFICEKS. 352-3G2

352. State hoard of equalization.

Sec. 352. The governor, controller, and attorney-general constitute the state
board of equalization. The governor, and in liis absence the controller, is chair-
man of the board. [Amendment, approved April 1, 187G; Amendments 1875-61,
11; took effect immediately ^^

353. Regents of university.

Sec. 353. The governor, lieutenant-governor, speaker of the assembly'
superintendent of public instruction, president of the state board of agricul-
ture, and jDresident of the mechanics' institute of San Francisco, are ex officio
regents of the university of California. The appointment and terms of office
of the other regents are provided for in Chapter I, Title III of Part III of
this Code. [See post, 1425.]

354. Trustees of state normal scliool.

Sec. 354. The governor, superintendent of public instruction, and five
trustees apj^ointed by the governor, and holding their offices for the term of
ten years, constitute the board of ti'ustees of the state normal school.

355. State board of education.

Sec. 355. The appointment and terms of office of the members of the state
board of education are provided for in Chapter III, Title III of Part III of
this Code. [See post, 1517.]

356. Officers of libraries.

Sec. 356. The trustees of the state library, the state librarian, the deputy
state librarian, and librarian of the supreme court, are elected and appointed
and hold their offices as prescribed in Chapter III, Title V of Part III of this
Code. [See post, 2292.]

357. Yosemite and Big Tree commissioners.

Sec. 357. The commissioners of the Yosemite valley and Mariposa big tree
grove are appointed and hold their offices as prescribed in Title VIII of Part
III of this Code. [See post, 3584.]
353. Superintendent, etc., of the insane asylum.

Sec. 358. The medical superintendent, assistant physicians, and treasurer of
the insane asj'lum are elected, appointed, and hold their offices as prescribed in
Chapter I, Title V of Part III of this Code. [See post, 2150.]

359. Directors of state hoard of agriculture.

Sec. 359. The president and directors of the state board of agriculture are
elected and hold their offices as prescribed in the sjDecial statute creating the
board. •

360. San Francisco board of health.

Sec. 360. The members of the board of health of San Francisco are ap-
pointed and hold their offices as jirescribed in Title VII, Part III of this Code.
[See post, 3004.]

361. Sacramento hoard of health.

Sec. 361. The members of the board of health of Sacramento are appointed
and hold their offices as prescribed in Title VII of Part III of this Code.
[See post, 3042.]

362. Harbor commissioners.

Sec. 362. Harbor commissioners are elected and aj)pointed and hold their
offices as prescribed in Title VI of Part III of this Code. [See post, 2521.]

(a) Original section: appointed by the governor, and hold their offices at his

Sec. 352. The controller is ex officio a member of the i^leasiire.
state board of equalization. The other members are

115

363-370 POLITICAL CODE.

363. I Sec. 363'''' was repealed by act of January 13, 1876; Amendments 1875-6,
14; took eft'ect immediately.]

364. Board of eocrnnincrs.

Sec. 364. The governor, secretary of state, and attorney-general constitute
the board of examiners.

365. State board of tide land commissioners.

Sec. 365'**^ was repealed by the following act of rebruar}^4, 1876:

An Act to abolish the state board of tide land commissioners and to repeal sections three hiiu-
dred and sixty-five and six hundred and ninety eight of the political code.
Approved February i, 1876; Amendments, 1875-6, 15.

Section 1. The State board of tide land commissioners is hereby abolished.

Sec. 2. All books, maps, papers, and documents belonging to the archives of
said board and all other property of the state under its custody or control
must be deposited with and kept and preserved by the surveyor-general of the
state.

Sec. 3. Sections 365 and 698 of the Political Code are hereby repealed.

Sec. 4. An act entitled " An Act supplementary to and amendatory of 'An
Act supplementary to and amendatoiy of an act entitled An Act to survey and
dispose of certain salt marsh and tide lands belonging to the State of Cali-
fornia,'" approved March 30, 1868; also, an act approved April 1, 1870; ap-
proved March 30, 1874, is hereby repealed.

Sec. 5. This act shall take efifect and be in force from and after its passage.

366. State capitol commissioners.

Sec. 366. The governor, secretary of state, and treasurer, constitute the
board of state capitol commissioners.

367. State prison directors.

Sec. 367. The governor, lieutenant-governor, and secretary of state consti-
tute the board of state prison directors; and the lieutenant-governor is warden
of the state prison.

368. Inspector of gas meters, etc.

Sec. 368. The following executive officers are appointed by the governor,
with the consent of the senate:

1. The inspector of gas meters; the trustees of the State burying grounds.

2. The directors of the insane asylum; the trustees of the asylum for the
deaf, dumb, and blind; the port wardens; the insurance commissioner; the mem-
bers of the state board of health; a vaccine agent.

3. The commissioner of immigration; the pilot commissioners; the pilots for
each harbor where there is not a board of pilot commissioners; the fish com-
missioners; the state geologist; the tide land commissioners.

369. Term of office of officers mentioned in pireceding section.

Sec. 369. The officers enumerated in the first subdivision of the last section
hold their offices for the term of two years, those in the second subdivision for
the term of four years, and those in the third subdivision during the goveriior's
])loasure.

370. Private secretary and clrrk of governor.

Sec. 370. The private secretary and executive clerk of the governor are ap-
pointed by him, and hold their offices at his pleasure.

(o) Repealed paction: {!>) Repealed section:

Sec-. 3(;n. Tbr- iii<nib< rs of tlip marine board of San Si;c. 365. The t;overnor, fiurvcyor-gcneral, and con-

FranciBco arc a))i)oint((] and hold their officeB as pre- troUer constitute the state board of tide land eommis-

Bcribed in Title VI of Part III of this code. siouers.

116

PUBLIC OFFICERS. 371-380

371. Deputiei^ and clej-ks.

Sec. 371. All deputies and clerks named in tins article, whose api^ointments
and terms of office are not otherwise provided for, are appointed by and hold
office at the pleasure of their principals.

ARTICLE III.

OF THE GOVERNOR.

380. Powers and duties of governor.

Sec. 380. In addition to those prescribed by the constitution the governor has
the power and must jjei'form the duties prescribed in this and the following
sections :

1. He is to supervise the official conduct of all executive and ministerial
officers;

2. He is to see that all offices are filled and the duties thereof performed, or
in default thereof apply such remedy as the law allows; and if the remedy is
imperfect, acquaint the legislature therewith at its next session;

3. He is to make the appointments and supply the vacancies mentioned in
this code;

4. He is the sole official organ of communication between the government of
this state and the government of any other state or of the United States;

5. AVhenever any suit or legal proceeding is pending against this state, or
which may afi^ect the title of this state to any property, or which may result in
any claim against the state, he may direct the attorney-general to aj^i^ear on
behalf of the state, and may employ such additional counsel as he may judge
expedient;

6. He may require the attorney-general or district attorney of any county to
inquire into the affairs or management of any corporation existing under the
laws of this state;

7. He may require the attorney -general to aid any district attorney in the
discharge of his duties;

8. He may oifer rewards not exceeding one thousand dollars each, payable
out of the general fund, for the apprehension of any convict who has escaped
from the state prison, or of any person who has committed or is charged with
the commission of an offense punishable with death;

9. He must perform such duties respecting fugitives from justice as are pre-
scribed by Chapter IV of Title XII of The Penai. Code; [See post, 14,547.]

10. He must issue and transmit election proclamations, as prescribed in Title
II of Part III of this Code; [See post, 1041.]

11. He must issue land warrants and patents, as prescribed in Title VIII of
Part III of this Code; [See post, 3395.]

12. He must, on or before the first day of September, in the year eighteen
hundred and seventy-three, and in each second year thereafter, deliver to the
state printer for publication all biennial reports of officers and boards for the
two preceding years;

13. He may require any officer or board to make special reports to him, upon
demand, in writing;

14. He may issue arms and accoutrements for the use of colleges;

15. He must discharge the duties of member of the board of examiners, of
member of the state board of education, of state prison director, of state capitol
commissioner, of orphan asylum commissioner, of trvistee of state normal
school, and of the board of military auditors;

16. He has such other powers, and must perform such other duties, as are
devolved U]3on him by this code or any other law^ of this state.

117

381-407 POLITICAL CODE.

381. To Iratismil list of appoint mentis to lecjidature.

Sec. 381. AVithiii ten days after the meeting of the legislature, the governor
must trausuiit to it a list of all appointments made by him vmder the provisions
of Section 1000.

382. Records in office.

Sec. 382. The governor must cause to be kept the following records:

1. A register of all applications for pardon or for commutation of any sen-
tence, with a list of the official signatures and recommendations in favor of
each application;

2. A register of statements in capital cases made to him, with his action
thereon ;

3. An account of all his official expenses and disbursements, including the
incidental expenses of his department, and of all rewards offered by him for
the apprehension of criminals and persons charged Avith crime;

4. A register of all appointments made by him, with date of commission,
names of a})pointee and predecessor;

5. A record of all persons confined in the state prison,' showing the name of
the convict, his age and general ai3pearance, w^hen and where convicted, and of
what crime, the time of his sentence, and when such time expires.

383. Persians aciiiig o.v governor.

Sec. 383. Every provision in the laws of this state in relation to the powers
and duties of the governor, and in relation to acts and duties to be performed
by others toAvard him, extends to the persons performing for the time being
the duties of governor.

384. Salary of governor.

Sec 384. The annual salar}' of the governor is seven thousand dollars.

385. Salary of private secretary.

Sec. 385. The annual salary of the private secretary of the governor is
twenty-four hundred dollars.

386. Salary of clerk.

Sec. 38G. The annual salary of the executive clerk is twenty-four hundred
dollars.

AETICLE IV.

lieutenant-governor.

396. Duties.

Sec 39G. In addition to those prescribed by the constitution, the lieutenant-
governor shall discharge the duties and exercise the powers of a state prison
director.

397. Compensation.

Sec 397. The lieutenant-governor receives a salary of twelve dollars per
day during the session of tlie legislature, and the same mileage as is allowed to
senators.

ARTICLE V.

OF THE SECRETARY OF STATE.

407. Custody of records.

Sec. 407. The secretary of state is charged with the custody:

1. Of the enrolled copy of the constitution:

2. Of all acts and resolutions passed by the legislature;

3. Of the journals of the legislature;

4. Of the great seal;

118

PUBLIC OFFICERS.- 407-408

5. Of all books, records, deeds, parchments, maps, and papers, kept or
dejjosited in his office pursuant to law.

408. Duties of secretary of state.

Sec. 408. In addition to that prescribed by the constitution, it is the dut}' of
the secretary of state:

1. To attend at ever}' session of the legislature, for the purjiose of receiving
bills and resolutions thereof, and to perform such other duties as may be
devolved upon him by resolution of the two houses, or either of them;

2. To keep a register of and attest the official acts of the governor;

3. To affix the great seal, with his attestation, to commissions, pardons, and
other public instruments to which the official signature of the governor is
required ;

4. To record in proj^er books all conveyances made to the state, and all
articles of incorporation filed in his office;

5. To receive and record in proper books the official bonds of all the officers
whose bonds are fixed by Part III of this Code, and then to deliver the originals
to the state treasurer.

6. To record in a proper book all changes of names certified to him by the
county clerks, in the manner in which such record is now made;

7. To take and file in his office receij)ts for all books distributed by him, and
to direct the county clerk of each county to do the same;

8. To certify to the governor the names of those persons who have received
at any election the highest number of votes for any office the incumbent of
which is commissioned by the governor;

9. To furnish on demand to any person paying the fees therefor a certified
copy of all or any part of any law, record, or other instrument filed, deposited,
or recorded in his office;

10. To deliver to the state printer, at the earliest day practicable after the
final adjournment of each session of the legislature, copies of all laws, resolu-
tions (with marginal notes), and journals, kept, passed, or adopted at such ses-
sion; to superintend the printing thereof, and have proof sheets of the same
compared with the originals, corrected, and indexed;

11. To furnish to the Spanish translator the laws and resolutions to be trans-
lated into Spanish;

12. To notify, in writing, the district attorney of the proper county of the
failure of any officer in his county to file in his office the sworn statement of
fees received by such officer;

13. To present to the legislature, at the commencement of each session
thereof, a full account of all purchases made and expenses incurred by him in
furnishing fuel, lights, and stationery;

14. To keep a fee book, in which must be entered all fees, commissions, and
compensation of whatever nature or kind by him earned, collected, or charged,
with the date, name of payor, paid or not paid, and the nature of the service in
each case, which book must be verified annually by his affidavit entered therein;

15. To file in his office descriptions of the seals in use by the difl:erent state
officers, and to furnish such officers with new seals whenever required;

16. To discharge the duties of director of the state prison; member of the
state board of examiners, state capitol commissioner, state sealer of weights and
measures, and all other duties required of him by law;

17. To report to the governor, at the time prescribed in section 332 of this
code, a detailed account of all his official actions since his previous report, and
accompany the report with a detailed statement, under oath, of the manner in
Avhich all appropriations for his office have been exjoended.

119

409-413 POLITICAL CODE.

409. Disti-ibution of statutes and journals.

Sec. 409. Immediately after the laws, resolutions, and journals mentioned in
subdivision 9 of the preceding section are bound, the secretary of state must
distribute the same as follows:

1. To each department of the government at "Washington, and of the govern-
ment of this state, one copy;

2. To the library of congress, the state library, and to the supremo court
library, two copies each;

3. To each of the states, two copies;

4. To each of our members of congress, and to each of the United States
district judges, judges of the supreme, district, and county courts of this state,
and to the municipal, criminal and probate courts of the city and county of
San Francisco, one copy;

5. To the lieutentant-governor, each member of the legislature, secretary of
the senate, and clerk of the assembly, at the session when such laws and
joirruals were adopted, one coj)y;

6. To each of the incorporated colleges of the state, the university, and to
such other literary and scientific institutions as in his opinion may secure an
interchange of works, one copy;

7. Of the laws alone, to the county clerk of each county, in the cheapest and
most expeditious manner, to be by the sheriff distributed under the directions
of the clerk, one copy for the board of supervisors, one copy to each county
officer and each justice of the peace; and of the journals, three copies of
each house to each county clerk, for the use of the county.

410. Distribution of reports of supreme court.

Sec. 410. He must distribute of the bound volumes of the decisions of the
supreme court, as soon as he receives them :

1. To each state, one copy;

2. To the libraiy of congress, the state library, and the supreme court li-
brary, two copies each;

3. To each department of this state, and to each of the United States dis-
trict judges for this state, supreme, district, and county judges, and the judges
of the muuicii^al, criminal, and the j)robate courts of the city and county of San
Francisco, cue copy;

4. To each district attorne}^ and county clerk, one copy;

5. To the reporter of the decisions, ten copies.

411. To mark hooks distributed.

Sec. 411. The secretary of state must indelibly mark each book distributed to
officers in this state (except legislative officers and the reporter) with the name
of the county to which and the official designation of the officer to whom it is
sent. Such books remain the property of the state, and must be by the officers
receiving them delivered to their successors.

412. To supprintend and take charge of cajniol.

Sec. 412. The secretary of state is the superintendent and has charge of the
state capitol, and he must keep the same, together with all property therein, in
good order and repair.

413. To furnish fuel and stationery.

Sec 413. Fuel, lights, and stationery for the senate and assembly, supreme
court, and state and supreme court libraries, and for all officers having their
offices or chambers in the state capitol, must be furnished by the secretary of
state.

120

PUBLIC OFFICEES. 414-417

414. Expenses for fuel, etc., how paid.

Sec. 414. The expenses incurred by him in carrying into effect the provisions
of sections 409, 410, 412, and 413, must be audited by the board of examiners
and paid out of any moneys specially appropriated for that purpose,

415. Trandatlon of laivs into Spanish, etc.

Sec. 415. The'translation of the laws into Spanish, and their distribution, is
under the control of the secretary of state, as follows: During the month of
December of each legislative year he must advertise for proposals for the trans-
lation into Spanish of such laws as may be authorized by the legislature. The
proposals received must be opened on the first Monday in February thereafter,
in the presence of a joint committee of both houses of the legislature, who
must, within ten days thereafter, award the contract to the lowest comj)etent
bidder; but not more than seventy-five cents per folio of one hundred words
must be paid for translating, preparing the index, and correcting the proof
sheets for the jirinter, all of which must be done by the translator within three
months from the time he is furnished with the copy. The Spanish laws must
be distributed in the same manner as laws printed in English, to the counties
of San Diego, San Bernardino, Los Angeles, Santa Barbara, San Luis Obispo,
Monterey, Santa Clara, Contra Costa, Alameda, Marin and Scmoma, and one
copy must be sent to each of the district judges of the first, third, and seventh
districts. Before entering on his duties the translator must take an oath for
the faithful and correct translation of the laws and joint and concurrent resolu-
tions as herein ordered, and give bond, with two good and sufficient sureties,
in the sum of five thousand dollars penalty, to be approved by the secretary of
state, conditioned for the entire, correct and complete translation and service
to be done as herein provided; and his account for such services, when certified
by the secretary of state, must be submitted to the board of examiners, and
when allowed, audited by the controller and paid by the treasurer of state.

416. Fees.

Sec. 416. The secretaiy of state, for services performed in his ofiice, must
charge and collect the following fees :

1. For a copy of any law, resolution, record, or other document or paper on
file in his office, twenty cents per folio.

2. For affixing certificate and seal of state, two dollars.

3. For filing articles of incorporation, five dollars.

4. For recording articles of incorporation, twenty cents per folio.

5. For issuing each certificate of incorporation, three dollars.

6. For receiving and recording each official bond, five dollars.

7. For each commission, passport, or other document signed by the governor
and attested by the secretary of state (pardons excepted), five dollars.

8. For each patent for land issued by the governor, if for less than one
hundred and sixty acres, one dollar; and for each additional one hundred and
sixty acres, or fraction thereof, one dollar.

For searching records and archives of the state, one dollar.

But no member of the legislature or state officer can be charged for any search
relative to matters appertaining to the duties of their offices; nor must they be
charged any fee for a certified copy of any law or resolution passed by the
legislature relative to their official duties. All fees collected by him must be
paid into the state treasury at the end of each month, and constitute the state
library fund.

417. Salary of secretary.

Sec. 417. The annual salary of the secretary of state is four thousand dollars.

121

418-433 POLITICAL CODE.

418. Salanj of deputy.

Sec. 418. Tlie annual salary of the depnt}- secretary of state is twenty-four
livmdred dollars.

419. Salary of clerk.

Sec. 419. The annual salary of the clerk for the secretary of state is twenty-
four hiindred dollars.

420. Salary of recording clerks.

Sec. 420. The annual salary of each recording clerk for the secretary of
state is eigiiteeu hundred dollars.

421. Salary of (jcneral clerk.

Sec. 421. The annual salary of the general clerk for the secretary of state is
eighteen hundred dollars.

422. Salary of special clerks.

Sec. 422. The secretary of state daring each legislative year, from January
until July, inclusive, may emplo}' two special clerks at a monthly salary not
exceeding one hundred and fifty dollars each,

423. Official bond.

Sec. 423. The secretary of state must execute an official bond in the siam of
ten thousand dollars.

AETICLE VI.

CONTROLLER,

433. General duties.

Sec 433. It is the duty of the controller:

1. To sujDcrintend the fiscal concerns of the state;

2. To report to the governor, on the second Monday in October next preced-
ing each regular session of the legislature, a statement of the funds of the
state, its revenues, aud of the public expenditures during the two preceding
fiscal years, together with a detailed estimate of the expenditui'es to be defrayed
from the treasury for the two ensuing fiscal years, specifying therein each object
of expenditure, and distinguishing between such as are provided for by perma-
nent or temporary appropriations and such as must be provided for by a new
statute, and suggesting the means from which such expenditures are to be
defrayed;

3. To accompany his biennial rejjort with tabular statements, showing: 1. The
amount of each a})propriation for the two preceding fiscal years, the amounts
exjjended, aud the balance, if any; 2. The amount of revenue chargeable to each
county for such years, the amount paid, and the amount un2:)aid or due therefrom;

4. When requested, to give information in writing to either house of the legis-
lature relating to the fiscal affairs of the state or the duties of his office;

5. To suggest plans for the improvement and management of the }>ublic rev-
enues;

0. To keej) and state all accounts in which tlie state is interested;

7. To keep an account of all warrants drawn upon the treasurer, and a sepa-
rate account under the head of each specific appropriation, showing at all times
the unex^^ended balance of such appropriation;

8. To keep an account between tlie state aud the treasurer, and therein charge
the treasurer with the balance in the treasury wlien he came into office, and with
all moneys received by him, and credit liim witli all warrants drawn on and paid
by him;

9. To keep a register of warrants, showing the fund upon which they are
drawn, the number, in whose favor, for what service, the appropriation applica-

122

PUBLIC OFFICEES. 433-435

ble to the payment thereof, when the liability accrued, and a receii:»t from the
person to whom the warrant is delivered;

10. To audit all claims against the state in cases where there is [are] sufficient
provisions of law for the payment thereof;

11. To examine and settle the accounts of all persons indebted to the state,
and to certify the amount to the treasurer, and upon presentation and tiling of
the treasurer's receipt therefor to give such jierson a discharge and charge the
treasurer therewith;

12. In his discretion to require any person presenting an account for setth-
ment to be sworn before him, and to answer, orally or in writing, as to any facts
relating to it;

13. To require all persons who have received any moneys belonging to the
state and have not accounted therefor to settle their accounts;

14. In his discretion to inspect the books of any person charged with the
receipt, safe keeping, or disbursement of public moneys;

15. In his discretion to require all persons who have received moneys or se-
curities, or have had the disposition or management of any i^rojDerty of the state
of which an account is kei:)t in his office, to render statements thereof to him;
and all such jDersous must render such statement at such times and in such form
as he may require;

16. To direct and superintend the collection of all moneys due the state, and
institute suits in its name for all official delinquencies in relation to the assess-
ment, collection, and payment of the revenue, and against persons who by any
means have become possessed of public money or property and fail to pay over
or deliver the same, and against all debtors of the state; of Avhich suits the
courts of Sacramento county have jurisdiction, without regard to the residence
of the defendants;

17. To draw warrants on the treasurer for the paj^ment of moneys directed by
law to be paid out of the treasury; but no warrant nuist be drawn unless
authorized by law, and upon an unexhausted specific aj^propriation provided by
law to meet the same. Every warrant must be drawn upon the fund out of
which it is payable, and specify the service for which it is drawn, when the
liability accrued, and the specific appropriation aj^plicable to the j^ayment
thereof;

18. To furnish the state treasurer with a list of wai-rants drawn upon the
treasury ;

19. To have printed and forwarded to the auditor of each county blank state
licenses;

20. To authenticate with his official seal all drafts and waiTants drawn by
him, and all copies of papers issued from his office;

21. To perform the duties of a member of the state board of equalization,
and of the state board of tide land commissioners, and such other duties as are
prescribed by law.

434. Certificate of settlement.

Sec. 434. The certificate mentioned in subdivision 11 of section 433 must
show by whom the payment is to be made, the amount thereof, and the funds
into which it is to be paid, and must be numbered in order, beginning with
number one at the commencement of each fiscal year.

435. Special duties connected with school fund.

Sec 435. The controller must keep a separate account of the school fund,
and of the interest and income thereof, together with such moneys as may be
raised by special tax or otherwise for school purposes. He must, on the first
day of February and on the first day of August of each year, report to the

123

435-443 POLITICAL CODE.

superiutendent of public instruction a statement of the securities belonging to
the school fund, of the moneys in the treasury subject to apportionment, and
the several sources from which they accrued. He must draw his warrant on the
state treasurer in favor of any county treasurer whenever such county treasurer
jDresents, with his indorsement, an order drawn by the superintendent of pul)lic
instruction in favor of such county, and the warrant so drawn is not subject to
the provisions of Article XVIII of this chapter.

436. Order in ichich warrants must be drawn.

Sec 436. All warrants for claims which have been audited by the board of
examiners, and filed in his office, must be drawn in the order of the numbers
l^laced upon them by that board.

437. Proceedings against defaulters.

Sec. 437. Whenever any person has received moneys, or has money or other
personal property which belongs to the state by escheatment or otherwise, or
has been intrusted with the collection, management, or disbursement of any
moneys, bonds, or interest accruing therefrom, belonging to or held in trust by
the state, and fails to render an account thereof to, and make settlement with
the controller within the time prescribed by law, or when no particular time is
specified, fails to render such account and make settlement, or who fails to pay
into the state treasuiy any moneys belonging to the state, upon being required
so to do by the controller, within twenty days after such requisition, the con-
troller must state an account with such person, charging- twenty-five per cent,
damages, and interest at the rate of ten per cent, per annum from the time of
failure; a copj- of which account in any suit therein is i^iima facie evidence of
the things therein stated. But in case the controller cannot for want of in-
formation state an account, he may, in any action brought by him, aver that
fact, and allege generally the amount of money or other projDerty which is due
to or which belongs to the state. [Amendment, appi^oved March 30, 1874;
Amendments 1873-4, 7; took effect July G, 1874. "^^

438. Salary.

Sec. 438. The annual salary of the controller of state is foiu' thousand
dollars.

439. Salary of deputy controller.

Sec. 439. The annual salary of the deputy controller is three thousand
dollars.

440. Salary of bookkeeper.

Sec. 440. The annual salary of the bookkeej)er for the controller is twenty-
four hundred dollars.

441. Salary of clerks.

Sec 441. The aniiual salary of each clerk in the controller's office is eighteen
hundred dollars.

442. Official bond.

Sec 442. The controller must execute an official bond in the sum of fifty
thousand dollars.

443. Controller to make annual estimate for school expenses.

Sec. 443. The state controller must, between the tentb day of August and
the first day of September of each year, estimate the amount necessary to raise
the sum of seven dollars for each census child, between the ages of five and

(i) Tlif original Bcction did not have the words " or moneyB Ix-lonKinf? to the Btate;" nor the last sentence

baH money or other personal iiroperty which belongs of the above uiiK-ndiiicnt. It had the word " primary"

to the state by esi-heatnient or otherwise;" nor tlie instead of " prima facie."
worda " or who fails to pay into the state treasury any

124

PUBLIC OFFICERS. 443-452

seventeen j^ears, in this state, which shall be the amount necessary to be raised
by ad valorem tax for school purposes during the year; which amount the con-
troller must immediately certify to the state board of equalization. [New f<ec-
tion, approved March 13, 1874; Amendmenls 1873-4, 84; look effect from passage.

[TliG following- special acts in relation to the duties of the controller, passed
since the adoption of the codes, may be refen-ed to:

An act to autliorize the controller of state to issue duplicate waiTants (in
favor of trustees of state normal school and O. P. Fitzgerald), approved Januarv
2G, 1872; 1871-2, 38; repealed in part by act of March 23, 1872; 1871-2, .537\

An act to jDrovide for the return to the state treasury and cancellation of
certain conti-oller's warrants (drawn upon funds of swamp land districts and
received in payment of swamp lands), approved March 23, 1874; 1873-4, 519.

An act to authorize the state controller to issue a duplicate warrant (to
Friend & Terry), approved March 25, 1874; 1873-4, 606.

An act to autliorize the controller of state to issue duplicate warrants (to
Jackson Wilcoxson), approved March 26, 1874; 1873-4, 620.

An act authorizing the controller of state to credit certain counties with the
amounts of old balances due the state, approved March 30, 1874; 1873-4, 802.

An act to provide for the payment of certain controller's %varrants, approved
March 30, 1874; 1873-4, 864.]

ARTICLE VII.

TREASURER.

452. General duties.

Sec. 452. It is the duty of the treasurer;

1. To receive and keej) in the vaults of the state treasury all moneys belong-
ing to the state not required to be received and kept by some other j^erson;

2. To file and keep the certificates of the controller delivered to him when
moneys are paid into the treasury;

3. To deliver to each person paying money into the treasiiry a receipt show-
ing the amount, the sources from which the money accrued, and the funds into
which it is paid, which receipts must be numbered in order, beginning with num-
ber one at the commencement of each fiscal year;

4. To pay waiTants drawn by the controller out of the funds upon and in
the order in which they are drawn;

5. Upon payment of any warrant, to take upon the back thereof the receipt
of the person to whom it is paid, and file and joreserve the same;

6. To keep an account of all moneys received and disbursed;

7. To keep separate accounts of the different funds;

8.. To report to the controller, on the last day of each month, the amount
disbursed for redemption of bonds and in payment of warrants during the
month; which report must show the date and number of such bonds and Avar-
rants, the funds out of which they were paid, and the balance of cash on hand
iu the treasury to the credit of each fund;

9. At the request of either house of the legislature, or of any committee
thereof, to give information in writing as to the condition of the treasury or
upon any subject relating to the duties of his office;

10. To report to the governor at the time prescribed in section 332 of this
code, the exact balance in the treasury to the credit of the state, with a sum-
maiy of the receipts and payments of the treasury during the two preceding
fiscal years;

11. To authenticate with his official seal all writings and papers issued from
his office;

12. To discharge the duties of state capitol commissioner, and such other
duties as may be imposed upon him by law.

125

453-470 POLITICAL CODE.

453. LhnUailons upon receipt and paynienl of money.

Sec. 453. He must receive no money into the treasniy unless accompanied by
tlie certificate of the controller provided for in sections 433 and 434 of this
code, and must pay none out upon warrants issued for indebtedness accruing
prior to Januiirv first, eighteen hundred and fifty-seven.

454. General fund.

JSec. 454. The general fiind consists of moneys received into the treasury and
not specially appropriated to any other fvmd.

455. Salary of Ireasurer.

Sec. 455. The annual salary of tlie state treasurer is four thousand dollars.

456. Salary of clerk.

Sec. 456. The annual sahuy of one clerk in the treasurer's office is twenty-
fnur hundred dollars; of the other clerk eighteen hundred dollars.

457. Waichmen, appoinimpnt and salary.

Sec. 457. The ti-easurer may employ two watchmen, at an annual salary each
of twelve hundred dollars.

458. Wafchmen, powers and duties.

Sec. 458. The watchmen must be alternately on duty at all hours of the day
and night, and have the same power to make arrests as is by The Pen.\l Code
conferred upon peace officers.

459. Offi,rial bond ef ireasurer.

Sec. 459. The treasurer niust execute an official bond in the sum of one
hundred thousand dollars.

ARTICLE VIII,

ATTORNEY-GENERAL.

470. General duties.

Sec. 470. It is the duty of the attorney-general:

1. To attend the supreme court and prosecute or defend all causes to which
the state or any officer thereof, in his official capacity, is a part}-, and all causes
to which any county may be a party, unless the interest of the county is adverse
to the state, or some officer thereof acting in his official capacity;

2. After judgment in any of the causes referred to in the preceding section,
to direct the issuing of such process as may be necessary to carry the same into
execution ;

3. To account for and pay over to the jn-oper officer all moneys which may
come into his possession belonging to the state or to any county;

4. To keep a docket of all causes in which he is required to appear, which
must during business hours be open to the inspection of the public, and nuist
show the county, district, and court in which the causes have been instituted
and tried, and whetlier they are civil or criminal; if civil, the nature of the
demand, the stage of the proceedings, and, when prosecuted to judgment, a
memorandum of the judgment; of any process issued thereon, and whether
satisfied or not, and if not satisfied, the return of the sheriff; and if criminal,
the nature of the crime, the mode of prosecution, the stage of the proceedings,
and, when jjrosecuted to sentence, a memorandum of the sentence and of the
execution thei-eof, if the same has been executed, and if not executed, of the
reasons of the delay or prevention;

5. To exercise sui)ervisory powers over district attorneys in all matters per-
taining to the duties of tlieir ofiices, and from time to time require of them
reports as to the condition of public business intrusted to their charge;

6. To give his opinion in writing, without fee, to the legislature or either

126

PUBLIC OFFICERS. 470-474

Louse thereof, and to the governor, the secretary of state, controller, treasurer,
surveyor-general, the trustees or commissioners of state institutions, and any
district attorney, when required, upon any question of law relating to their
respective offices;

7. When required by the public service, or directed by the governor, to
repair to any county in the state and assist the district attorney thereof in the
discharge of his duties;

8. To bid upon and purchase, in the name of the state and under the direction
of the board of examiners, auj property offered for sale under execution issued
upon judgments in favor of or for the use of the state, and to enter satisfaction
in whole or in part of such judgments as the consideration for such purchases;

9. Whenever the property of a judgment debtor in any judgment mentioned
in the preceding subdivision has been sold under a prior judgment, or is subject
to any judgment, lien, or incumbrance taking precedence of the judgment in
favor of the sfate, under the direction of the board of examiners to redeem such
property from such prior judgment, lien, or incumbrance; and all sums of money
necessary for such redemption must, upon the order of the board of examiners,
be paid out of any money apioropriated for such purpose;

10. When in his opinion it may be necessary for the collection or enforceujent
of any judgment herein before mentioned, to institute and prosecute, in behalf
of the state, such suits or other proceedings as he may find necessary to set aside
and annul all conveyances fraudulently made by such judgment debtors, the cost
necessary to the prosecution must, when allowed by the board of examiners, be
paid out of any appropriations for the prosecution of delinquents;

11. To discharge the duties of a member of the board of examiners, of tbe
board of military auditors, and other duties prescribed by law;

12. To report to the governor, at the time required by section 332 of this code,
the condition of the affairs of his department, and to accompany the same with
a copy of his docket and of the reports received by him from district attorneys.

471. Salary.

Sec. 471. The annual salary of the attorney-general is four thousand dollars.

472. Salary of clerk.

Sec. 472. The annual salary of the clerk for the attorney-general is eighteen
hundred dollars.

473. Official bond.

Sec. 473. The attorney-general must execute an official bond in the sum of
ten thousand dollars.

474. Duty fl.s to escheats — Suits and counsel.

Sec. 474. It shall be the dut^' of the attorney-general to institute investigation
for the discovery of all real and personal property which may have or should
escheat to the state, and for that purpose shall have full power and authority to
cite any and all persons before any of the probate courts of this state, to answer
investigations and render accounts concerning said property, real or personal,
and to examine all books and jjapers of any and all corporations. When any
real or personal property shall be discovered which should escheat to the state,
the attorney-general must institute suit in the district court where said property
shall be situated, for the recovery, to escheat the same to the state. The jiro-
ceedings in all such actions shall be those provided for in Title YIII, Part III,
Code of Civil Procedure. The attorney-general may, for the purposes and
objects of this section, employ counsel to act in his place and stead for the
discovery and recovery of both personal and real jjroperty, and in such pro-
ceedings, both in investigation for discoveiy or proceedings for recovery, such

127

474-487 POLITICAL CODE.

counsel so employed shall have the power and authority of the attorne^'-general.
The compensation for services of such counsel shall be determined by the board
of examiners, and paid out of the sums so found to be escheated and recovered
to the state, and not otherwise; provided, that the State of California shall in no
case be responsible for any charges for attorney fees for suits prosecuted under
this act, but the attorney-genei'al is hereby authorized to pay to the person or
persons discovering the same the costs and charges of prosecuting any suit or
suits under this act a sum not in any case exceeding ten per cent, of the sums
actually received as provided in this act. [Neiv section, approved April 1, 1876;
Amendments l'6~o-{j, 15; tooJceffectfrom jMSsage.

AETICLE IX.

SURVEYOR-GENERAL.

483. General duties.

Sec. 483. It is the duty of the surveyor-general:

1. To discharge the duties relating to the public lands imposed upon him by
Title VIII of Part III of this Code. [See post, 3395, 3574.]

2. When requu-ed, to survey and mark the boundary-lines of counties, cities,
villages and towns;

3. To report to the governor at the time prescribed in section 332 of this code:
1. A statement of the progress made in the execution of the surveys enjoined
on him by law; 2. An estimate of the aggregate quantitj^ of land belonging to the
state, and the best information he may be able to obtain as to the characteristics
of the same; 3. An estimate of the aggregate quantity of all land used for or
adapted to tillage and grazing within each county of the state; 4. An estimate of
the number of horses, cattle, sheep, and swine, within each county of the state; 5.
An estimate of the quantity of wheat, rye, corn, potatoes, grapes, and other agri-
cultural and horticultural productions of the two preceding years, together with
his views as to the presence, cause, and remedy of any diseases or other malady
preventing full and perfect productions; 6. An estimate of the quantity of all
mineral lands within each county of the state, and the quantity and value of
each mineral j^roduced during the two preceding years, together with a descrip-
tion of the localities in which such minerals may be found; 7. All facts in his
opinion calculated to promote the development of the resources of the state;

4. To recjuire county surveyors and assessors to collect and transmit to him,
at such times as he may direct, information relative to the subject-matter of his
biennial reports;

5. To authenticate with his official seal all writings and pai)ers issued from
his office;

G. To perform such other duties as may be required of him by law.

484. Salary.

Sec. 484. The annual salary of the surveyor-general is two thousand dollars.

485. Salary of deputy surveyor-general.

Srr'. 485. The annual salary of the deputy sui-veyor-general is twenty-four
hundred dollars.

486. Salary of clerk.

Se(j. 480. The annual salary of each clerk in the office of the sui-veyor-general
is eighteen hundred dollars.

487. Official Ijond.

Sec. 487. The surveyor-general must execute an official bond in the sum of
ten thousand dollars.

128

PUBLIC OFFICERS. 497-526

ARTICLE X.

497. Register and dejndy.

Sec. 497. The surveyor-general is ex officio register, and the deputy surveyor-
general is ex officio deputy register, of the state land office.

498. Duties of register-.

Sec. 498. The duties of [the] register are prescribed in Title VIII of Part III
of this Code. [See post, 3395-3574.]

499. Salary.

Sec. 499. The annual salary of the register is two thousand dollars.

500. Salary of clerks.

Sec. 500. The annual salary of each clerk in the register's office is eighteen
hundred dollars.

501. Fees of register .

Sec 501. The register must charge and collect fees as follows: For each
certificate of pui'chase, duplicate or patent, three dollars; for certifying a con-
tested case to district court, three dollars; for cojDies of papers in his office, ten
cents per folio, and fifty cents for the certificate with the seal attached; and such
other fees as may be allowed by law. All fees received by the register must be
disposed of as j^rovided in Title VIII of Part III of this code. [See post, 3574.]

502. Official bond.

Sec. 502. The register must execute an official bond in the sum of ten thou-
sand dollars.

ARTICLE XL

OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

512. Duties.

Sec. 512. The duties of the superintendent of public instruction are prescribed
in Title III of Part III of this Code. [See post, 1532.]

513. Salary.

Sec. 513. The annual salai-y of the sujierintendent is three thousand dollars.

514. Salary of deputy.

Sec. 514. The annual salary of the deputy for the superintendent is eighteen
hundred dollars.

515. Salary of clerk.

Sec. 515. The annual salary of the clerk for the superintendent is fifteen
hundred dollars.

516. Traveliug expenses.

Sec. 516. The actual traveling expenses of the superintendent, not exceeding
fifteen hundred dollars annually, must be audited by the board of examiners
and 2:)aid out of the general fund in the state treasury.

517. Official bond.

Sec. 517. The superintendent must execute an official bond in the sum of ten
thousand dollars.

ARTICLE XII.

STATE PRINTER.

526. Superintendent of state printing — Duties.

Sec. 526. It is the dut}' of the superintendent of state printing;
1. To print the laws, the journals of the legislature, reports of state officers,
9 129

526 POLITICAL CODE.

public doctiments ordered to be printed by the legislature, blanks for the
supreme court, the offices of governor, secretary of state, controller, treasurer
of state, superintendent of public instruction, attornej^-general, surveyor-gen-
eral, and register of the land office, the bills, resolutions, and other job jn'inting
vrhich may be ordered by either of the two houses of the legislature, and other
public printing for the state, unless otherwise expresslj' ordered by law.

2. To publish, pi-efixed to each volume of the laws, the names and place of
residence of the governor and other executive officers of the state, lieutenant-
governor, senators and representatives in the legislature, the presiding officers
of the senate and assembl}', and of commissioners of the State of California
residing out of the state and in office at the time of such publication.

3. To perform the duties required by the provisions of Article XII, Chapter
II, Title I, Part III of this Code, and such other duties as are imposed upon
him by law.

4. He shall keep in his office, open to public inspection, a time-book, con-
taining the name of every employee connected with the state printing office,
the time employed, the rate of wages, and amount i:)aid; and he shall certify
under oath to the correctness of all claims for services rendered and materials
furnished, which certificate shall be attached to and presented with each claim
that shall be presented to the board of examiners for allowance, and no such
claim shall be certified or allowed unless it be fully itemized.

5. He shall file in the office of the secretary of state all proj)osals, bids, con-
tracts, bonds and other papers apj^ertaining to the aw^arding of contracts, now
in his possession, or wdiich may hereafter come into his possession, retaining in
his office copies of the same; and the secretary of state shall promptly furnish
the board of examiners, for their use, certified copies of all such papers.

6. All printing required by any of the state departments, boards, or any state
officer for the state, the order for the same shall be made out upon a printed
blank with voucher attached, to be furnished by the sui^erintendent of state
printing, and fonvarded to the office of said superintendent, who shall enter
upon a book kept in his office for that puri:)ose, a transcript of said orders; and
shall return with the work, when completed, to the person ordering the same,
the original order with duplicate voucher attached, said voucher to be signed
by tbe person receiving the work, and returned to the superintendent of state
printing, and both original and duplicate orders shall be ke2:)t on file in his
office, and shall be sufficient voucher for said work. The superintendent of
state printing shall enter upon a book to be kept for said purpose, the name,
quantity and weight of paper used for each order printed. He shall also certify
under oath, that all materials, stock and paper furnished the office under con-
tracts, are of the quality, kind and weight required by such contracts; and no
claim arising under any contract shall be allowed or paid unless accompanied
by such certificate. He shall also retain and file in his office one coi:)y or sam-
ple of each blank, circular, pamphlet, book, legislative bill, file or report, or
any other work emanating from the state jirinting office, excepting blank books,
of which he shall file only sample sheets-^ said coj^ies or samples shall bear a
uniform number and date Avith the voucher. [Amendment, approved April 3,
187C; Amendments 181 5~G, IG; took effect J rom passage. '■^^

(a) Till- orifpnal Bfiction had the word " state print- The original section had l)een Bupersedrd by " An

er" instead of " superintendent of state printing. " It Act to establisli a state printing ollic*- and to ereate the

did not liave the fourth, fiftli or sixth subdivision; the ortico of superintendent of state priiitint,'," approved

above tliird was fourth, and there was a third sub- Mareh 26, 1872; 1W71-2, 55+. That aet was repealed by

division as f(dlows: the act containing the above amendment. See post,

"'.i. To furnish to each citizen who may apply there- 538.
for, a copy of the laws of each sessiou of the legisla-
ture, at a price not exceeding three dollars for bound
and two dollars for unbound copies."

130

PUBLIC OFFICERS. 527-529

527. Number of docv.menis to be pririted.

Sec. 527, Whenever any message or document, in book form, is ordered
I^rinted by either house, four hundred and eighty copies thereof, in addition to
the number ordered, must be struck off and retained in sheets, and bound with
the journals of the house ordering the same, as an appendix. Of bills ordered
printed, when the number is not fixed in the order, there must be printed two
hixndred and forty coj)ies.

528. Laivs and journals to be printed.

Sec. 528. There must be printed of the laws of each session of. the legisla-
ture, twenty-two hundred and fifty copies in English^i to be dejDosited with the
secretary of state, who, after retaining a sufficient number of said volumes for
distribution, in accordance with the provisions of section 409 of the Political
Code, shall deposit one hundred and fifty copies with the state librarian; the
remaining copies to be sold at a price not to exceed three dollars per bound
volume; the moneys thus received to be paid into the state treasury at the end
of each month, as other fees are paid by the said secretary of state, and for the
same purposes; and of such laws, resolutions, and memorials as may be desig-
nated by the legislature, two hundred and forty copies in Spanish. Of the
journals of the senate and assembly, there must be printed four hundred and
eighty copies, in one volume or two, as may be required by the size thereof.
The appendices to the journals of both houses must be printed in one volume.
[Amendment, approved April 3, 1876; Amendments 1875-6, 17; took effect from
passage.'-'^''

529. Manner of printing .

Sec. 529. Printing must be done as follows:

The laws, journals, messages, and other documents in book form must be
printed solid, with long primer type, on good white paper; each page, except of
the laws, must be thirty-three ems wide and fifty-eight ems long, including
title, blank line under it, and foot line; of the laws the same length, and
twenty-nine ems wide, exclusive of marginal notes, which notes must be printed
in nonpareil type, seven ems wide. Figure work, and rule and figure work, in
messages, reports, and other documents in book form, must be on images corre-
sponding in size with the journals, if it can be brought in by using type not
smaller than minion; if not, it must be executed in a form to fold and bind
with the volume. Bills and other work of a similar chai-acter must be printed
with long primer type, on white plain cap paper, commencing the heading one
fourth of the length of the sheet from its top, and be forty- six ems wide and
seventy-three ems long, including running head, blank line under it, and foot
line, and between each j)rinted line there must be a white line corresjDonding
with the body of the type, and each line must be numbered. Blanks must be
printed in such form and on such paper and with such sized type as the officers
ordering them may direct. The laws must be printed without chapter head-
ings, and without blank lines, with the exception of one head line, one foot
line, two lines between the last section of an act and the title of the next act.
When there is not space enough between the last section of an act to print the
title and enacting clause, and one line of the following act uj^on the same page,
such title may be printed upon the following page. The journals must be
printed without blank lines, with the exception of one head line, one foot line,

(a) Original section: and assembly, there must be printed four hundred and

Sec. 528. There must be printed of the laws, resolu- eighty copies in one volume (U- two, as may be required

tions and memorials of each session of the legislature, by the size thereof. The appendices to the journals of

one thousand six hundred and eighty copies in Eng- both houses must be printed in one volume; the same

lish; and of such laws, resolutions and memorials as matter must not be twice i^rinted. All printing must

may be designated by the legislature, two^hundred and be done within this state,
forty copies in Spanish. Of the journals of the senate

131

529-531 POLITICAL CODE.

aud two lines between the journal of one day and that of the followiug day.
In printing the ayes and noes, the word " ayes" and the word " noes" must be
run in with the names.

530. Appointment, qualifications, and bond of svperintendent of state printing.
Sec. 530 . The superintendent of state priiiting shall be appointed and com-
missioned by the governor of the state, and shall hold office during the pleasure
of the governor, and until his successor is appointed and qualified; he shall be
a competent practical piinter, and before entering upon the discharge of the
duties of his office, shall give a good and sufficient bond to the people of
the State of California, in the sum of ten thousand dollars, with two or more
sureties, to be approved hj the governor, for the faithful performance of his
duties, which bond shall be filed in the office of the secretary of state. The
present superintendent of state printing may hold the position without a re-
appointment or the giving of a new bond, and his said appointment and bond
sliall be held and treated as if made and given under this act, and be subject to
all its provisions; and the office of superintendent of state printing heretofore
created, is hereby continued under this act. [Amendment, approved April 3,
187G; Amendments lKl^-(i, 18; took effect from passage}"^

531. Duties of superintendent of state printing.

Sec. 531. The duties of the superintendent of state printing shall be as fol-
lows: He shall have the entire charge and superintendence of state printing.
He shall take charge of and be responsible on his bond for all manuscripts and
other matter which may be placed in his hands to be printed, engraved, or
lithographed, and shall cause the same to be promj^tly executed. He shall re-
ceive from the senate or assembly all matter ordered by either house to be
printed and bound, or either printed or bound, and shall keep a record of the
same, and of the order in which it may be received, and when the w"ork shall
have been executed he shall deliver the finished sheets or volumes to the ser-
geant-at-arms of the senate or assembly, or of an}'^ department authorized to
receive them, whose receipts therefor shall be a sufficient voucher to the said
superintendent of state printing for their delivery. He shall receive and
promptly execute all orders for printing required to be done for the various
state officers. He shall employ such compositors, pressmen, and assistants as
the exigency of the work from time to time requires, and may at any time dis-
charge such employees; provided, that at no time shall he pay said compositors,
pressmen, or assistants, a higher rate of wages than is paid by those emplo3'ing
printers in Sacramento for like work. He shall at no time employ more com-
positors or assistants than the absolute necessities of the state printing may de-
mand, and he shall not permit any other than state work to be done in the state
printing office. The superintendent of state printing shall, on or before the first
day of September of each year, make a report in writing to the governor, em-
bracing a record of the complete transactions of his office, which report shall
sljow in detail all the items of expense attending the state printing, and all the
expenses of the office, including repairs, and the inirchase of materials of all
kinds; said report shall also state the number of reams and various kinds of
paper delivered to him, and the amount and cpiality remaining on hand, which
report shall be printed for the use of the legislature. [Amendment, approved
Aprd 3, 187G; Amendmcnls 1875-0, 18; took efecl from passage. ^'''>

(o) The original sectionH SSO, 531, SSa, 533, 534, 535, Ing the amendments to the above-named sections.

53fi Hnd 537 related to the conipeiisutiou of the state See section 538.

printer. Thej- wits Buperseded by " An A<-t to establish As the original sections throw no light upon the

a state printing (iflire and to in-ate the nflicj of super- amendments, and are consequently unimportant, they

iutendent of sti^tc printing," api>roved March 20, 1872; are omitted.
1871-'-', 554. This act was repealed by the act contain-

132

PUBLIC OFFICERS. 532-534

532. Paper, how to he supplied.

Sec. 532. In July of each year the superintendent of state printing shall sub-
mit to the state board of examiners samples of the various kinds, sizes, and
qualities of paper that will probably be required in his office during the year
commencing on the then next first Monday in October, an estimate of the proba-
ble quantity of each kind, size, and quality that will be so required. Upon
being satisfied that the kinds, sizes, quantities, and qualities of paper so sug-
gested will be required, they shall direct the superintendent of state printing
to advertise for thirty days in one dail}^ newspaper published in the city of San
Francisco, one in New York city, and one daily new^spaper published in the city
of Sacramento, for proposals to furnish such paper, or so much thereof as may
be required during the year commencing as aforesaid, which bids shall be
opened in his office at twelve o'clock si. on the day appointed, in the presence
of the said superintendent and at least two of the state board of examiners; and
the state board of examiners and the said superinteudent of state printing shall
constitute a board to award the contract to the lowest responsible bidder. No
bid shall be considered unless accompanied by a certified check in the sum of
two thousand dollars, gold coin, payable to the governor for the use of the
people of the State of California, conditioned that if the bidder receives the
award of the contract he will, wdthin thirty days, enter into bonds in the sum
of ten thousand dollars, with two or more sureties, to be approved by the gov-
ernor of the state, that he will faithfully perform the conditions of his con-
tract. AH bids must be for the furnishing and delivery of the paper and mate-
rials at the state printing office in the city of Sacramento, so that the state shall
not be charged with any cost of transportation or delivery, which must be
specified in the advertisement for bids. If all the bids opened shall be deemed
too high by said board, they may decline them and advertise again. If the
second set of bids are considered too high, the said board may again decline
them, and may purchase said paper in open market. The prices paid by the
board shall in no case be higher than the lowest price at which such paper was
offered to be furnished by the bids so rejected. [Ameyidmenf , approved Aprils,
1876; Amendments 1875-6, 19; took effect from passage}"''

533. Ruling, folding, binding, etc.

Sec. 533. All ruling, folding, and folding and stitching, and binding required
to be executed for the state, shall be done under the supervision of said superin-
tendent. He shall advertise for thirty days in one daily newspaper published
in the cit}^ of San Francisco, and one daily newspajDcr published in the city of
Sacramento, specifying the character of the binding, folding, and stitching to be
bid upon, for proposals to do all such folding, folding and stitching, ruling and
binding, all of which work shall be done in the city of Sacramento, and on the
day appointed he shall, in the presence of the board of examiners, open the
bids that may be received, and said superintendent of state printing and said
board of examiners shall award said contract to the lowest responsible bidder
or bidders therefor. [Amendment, approved April 3, 1876; Amendments 1875-6,
20; took effect from passage}"^

534. Salarij.

Sec 534. The superintendent of state printing shall receive a salary of
twenty-four hundred dollars per annum, payable monthly, out of any money in

(a) The original sections 530, 531, 532, 533, 534, fiSS, ing the amendments to the above-named sections.

536 and 537 rel;;ted to the compensation of the state See section n38.

printer. They weresiipersededby" An Act to establish As the original sections throw no light upon the

a state printing office and to create the office of super- amendments, and are consequently unimportant, they

Intendent of state printing," approved March 26, 1872; are omitted.
1871-2, 554. This act was repealed by the act contain-

133

534-538 POLITICAL CODE.

the general fund not otherwise appropriated. [Aviendmenf , approved April 3,
1876; Amendmerds 1^1^-Q>, 20; took efftxi from passage}"''

535. Appropriation for repairs of machinery .

Sec. 535. Whenever any appropriation is made for the support of the state
printino- office, a sum not exceeding one thousand dollars thereof shall be ap-
jjlied, when necessary, to and used for the jDUi-j^ose of repairing the present and
purchasing new machinery of the state printing office, in each fiscal year for
which the approj^riation is made. [Amendment, approved April 3, 1876; Amend-
wien/s 1875-6, 20; took effect from passage.'-"''

536. Appropriation for contingent expenses, etc.

Sec. 536. Whenever any money is approjjriated for the sup^Dort of the state
printing office, a sum not exceeding the sum of one thousand dollars thereof
shall, in each fiscal year for which the appropriation is made, be ajDplied to and
used for the purpose of paying wages to employees temporarily emjiloyed, Avhen
the amount due any employee shall be for less than a week's work, and other
contingent expenses of the state printing office. The superintendent of print-
ing shall keep an itemized account of all expenditures chargeable against the
sum of money mentioned in this and the next preceding section, and none of
said money shall be drawn from the treasury except upon the warrant of the
controller. The controller, so long as there is any of the money remaining in
any one year in the treasury, upon the presentation to him of an itemized claim
verified by the oath of the superintendent of printing, shall draw his warrant
on the treasurer for the same, specifying in said warrant that it is payable out
of the fund provided in this or the preceding section, and the treasurer shall
pay the same on presentation. [Amendment, ajiproved April 3, 1876; Amend-
ments 187 o-6, 21; took effect from passage .'^^

537. Payment of wages and salaries.

Sec. 537. The state treasurer is hereby authorized, when the genei-al fund is
exhausted, to advance the money on the controller's warrants, drawn for wages
and salaries of the employees in the state printing office, out of any pubUc
funds in the treasury, which warrants shall be his vouchers until there is money
in the general fund to cancel them; provided, that this section shall not apply
to any fund against Avhich there are any warrants then due, or to become due,
or so as to keep claimants out of their just demands. Any sum of money re-
maining unexpended of the ajipropriation heretofore made for the purchase of
materials for the state printing office is hereby appropriated to the payment of
claims due for the construction of the state jirinting office. [Amendment, ap-
jyroved April 3, 1876; Amendments 1875-6, 21; took efectfrom passage. '-''''

538. C']iart.<, ma])S, diagrams, engraving and, lithographs.

Sec. 538. When any chart, map, diagram, or other engraving shall be re-
quired to illustrate any document oi'dered to be printed, such chart, map,
diagi'am, or engi-aving, shall be i:)rocured b}'' the superintendent of state print-
ing, under the direction of the board of examiners. No bills for engraving or
lith(jgrai)hing, or lithograph printing, other than the above, shall be alloAved
by the board of examiners; and the superintendent of state printing shall ascer-
tain the whei-eabouts, and obtain all lithograph and other property of a similar
nature belonging to the state, and preserve them. All state printing shall be

(II) TbC) oriKinal BcctidnH 530, .531, r)32, 533, 5.3i, 53.'3, ing the amendmcuts to tho above-named sections.

63f; find .',37 nlatid to t)je (■oiiii)enKiitioii of the stnte Sec section 53S.

printer. They were KUiierscded by "An Act to establish As the original sections throw no light upon the

a state printing office and to i-reate the office of Kupcr- amendments, and are consequently unimportant, they

intendent of state printing," approved March 20, 1H72; are omitted.
1871-2, 554. This act was repealed by the act contain-

134

PUBLIC OFFICEES. 538

done in the state printing office. [Neiv section, approved April 3, 1876; Amend-
ments 1875-6, 21; took effect from passage.

Au Act to ameud the political aucl penal codes, concerning public printing, and for other

purjjoses.

Approved April 3, 1876; Amendments 1875-6, 16.

[The first twelve sections of this act contain the amendments to sections 526,
528, 530, 531, 532, 533, 534, 535, 536 and 537 of the Political Code, and the
new sections 538 of the Political Code and 99 and 100 of the Penal Code therein
inserted. It has an additional section as follows:]

Acts repealed.

Sec. 13. An act entitled " An Act to provide for the fitting up and use of the
governor's mansion as a state printing office and state armory," approved March
30, 1874, and also an act entitled "An Act to establish a state printing office,
and to create the office of su^perintendent of state printing," approved March
26, 1872, are hereby repealed. This act shall take effect and be in force from
and after its passage.

An Act for the support of the state printing ofl&ce.

Approved December 22, 1875; 1875-6, '4.

Money appropriated for contingent expenses.

Section 1. The sum of one thousand dollars is hereby appropriated, out of
any money in the state treasury not otherwise appropriated, for the contingent
expenses of the superintendent of state printing for the twenty-seventh fiscal
year; for the payment of postage, expressage, freighting, telegraphing, and
wages due employees, when the amount due any employee shall be for less than
a week's work.

Appropriation for support of.

Sec 2. The sum of forty thousand dollars is appropriated out of the general
fund for the suj)port of the state printing office for the twenty-seventh fiscal
year.

To report to board of examiners — Account and report to be voucher.

Sec. 3. The superintendent must report to the board of examiners, at each
meeting of the board, the name of each employee in his office and the amount
due him for labor; and if the board audit the same the controller must draw a
warrant in favor of such employee for the amount due, and the audited account
and report of the superintendent shall be the voucher to the controller for all
the warrants drawn therefor.

When to advance money out of public funds.

Sec 4. The state treasurer is hereby authorized, when the general fund is
exhausted, to advance the money on the controller's warrants drawn for wages
and salaries of the employees in the state printing office out of any public
funds in the treasury, which warrants shall be his vouchers until there is money
in the general fund to cancel them; provided, that this section shall not apply
to any fund against which there are any warrants then due or to become due,
or so as to keep claimants out of their just demands.

Sec 5. This act to take effect immediately.

An Act to appropriate moneys for the i^urpose of insuring the state printing office.
Approved March 17, 1876; 1875-6, 327.

[This act appropriated eleven hundred dollars for the j^urpose of insuring the
building known as the governor's mansion, now used as the state printing
office, and the materials therein.]

135

548-554 POLITICAL CODE. ^

ARTICLE XIII.

STATE GEOLOGIST.

548. General duties of.

Sec. 548. It is the duty of the state geologist, with the aid of such assistants
as he may appoint, to continue and with all reasonable diligence to complete
the geological sun-ey of this state. He must also prepare a report of the
survey and superintend the publication thereof in the form of a geological,
botanical, zoological, and physiographical history of the state, with full and
scientific descriptions of its rocks, fossils, soils, minerals, mines, climates and
physical geography, together with suitable and accurate geological and topo-
graphical maps and diagrams of the same.

549. Report to governor. '

Sec. 549. He must, as near as may be at the beginning of each session of the
legislature, present to the governor, who must lay the same before the legisla-
ture, a report of progress in w^hich the operations of the geological survey
during the interval since his last preceding report must be set forth, and its
most important results made public.

550. Specimens to he delivered to university.

Sec. 550. The geological and other S2:>ecimens collected by the state geologi-
cal survey must, excepting such as may be required by the state geologist to
aid in the prei^aration of his report, be delivered over to the regents of the state
university, to be by them deposited in the cabinet of the same as the property
of the university.

551. Salary of geologist.

Sec 551. The annual salary of the state geologist is six thousand dollars,
payable monthly out of any ai^propriations which may be made by the legisla-
ture for the continuation of the work of the survey.

552. Compensation of assistants.

Sec. 552. His assistants receive such compensation as he may determine,
payable in the same manner out of the same fund.

553. Board of examiners to audit accounts.

Sec 553. The accounts of the state geologist, including salaries and all other
expenses of the survey, must be audited by the board of examiners, and, if
found coiTcet, must be paid out of the state treasury in such manner as may be
provided by law.

554. Reports and maps to he sold, etc.

Sec. 554. The volumes and maps of the rei^ort must be sold upon such terms
as the governor deems to be most advantageous to the state, and any moneys
derived from such sales must be applied to the completion of the unfinished
publications of the sun^ey, and the surplus, if any, must be paid into the
common school fund of the state.

An Act to authorize the distribution of the reports of the state geological survey.
Approved February 2, 1872; 1871-2, 55.

Reports for foreign nations.

Section 1. On the application of any consul residing in the city of San Fran-
cisco, and representing an European government, to the governor of the State
of California, requesting a set of the reports of the state geological survey, to
be deposited in some well-known and established scientific or literary institu-
tion under the control of the government of which he is the accredited rej)re-
sentative, an order may issue from the governor to the secretary of state or the
state geologist, as the case may be, directing them to fui-nish one such set

136

JPUBLIC OFFICEKS. 554

of reports only to each nation having a consul residing in San Francisco ; pro-
vided further, that the state superintendent of public instruction shall be
furnished, on demand on the secretary of state and the state geologist, with
one set for the state normal school, two sets for the state university, and two
sets for the state library.

Delivery of reports.

Sec. 2. The secretary of state or the state geologist, on the presentation of
such order, shall deliver to the party therein named such set or parts of set of
the rejDorts of the state geological survey as may be designated, taking his
receii:>t therefor. They shall annually, on the first day of September of each
year, rej^ort t-o the governor the number of volumes so issued, at whose request,
and to what institution presented.

Sec. 3. This act shall take effect immediately. •

An Act suiDplementary to the above act.

Approved April 1, 1872; 1871-2, 924.

Distribution in United States.

Section 1. Of each of the volumes and maps of the state geological survey
already published, or which may be hereafter published, one hundred coj^ies
shall be deposited at the office of the secretary of state by the state geologist,
subject to the order of the governor, for gi'atuitous distribution to the various
state and territorial libraries, to j^ublic libraries, and to the libraries of uni-
versities, colleges, and learned societies in the United States.
Distribution in foreign countries.

Sec 2. One hundred copies of the same may be distributed by the state
geologist to public libraries and learned institutions in foreign countries, to the
ofiicers of other geological sui-veys, and to joersons who may have rendered
sj)ecial services to the geological survey of California.

County Clerks.

Sec 3. On application by the county clerks of the respective counties to the

\8tate geologist, one coj)y of each of same shall be given to each county in the

State of California, to be deposited and kept with the county records, and to be

accessible at all reasonable hours for inspection by the general public, the

county clerk being held responsible for the safe keeping of the same.

Record of distribution.

&EC. 4. The secretaiy of state and the state geologist shall each keep a
record of the volumes and maps thus distributed, specifying the names of the
institutions or individuals to whom the same are given, and the state geologist
shall biennially communicate such record as kept by him to the office of the
secretai-y of state, where a complete record of the distribution herein provided
for shall be preserved.

Sec. 5. No j)erson or institution shall receive more than one copy of each vol-
ume or map, under the provisions of this act.

Sec. 6. This act shall take effect immediately.

An Act to continue the geological survey of the State of California.
Approved March 13, 1872; 1871-2, 355.

Completion of survey.

Section 1. It shall be the duty of the state geologist to proceed and with all
reasonable diligence complete the geological survey of this state, and the publi-
cation of the results thereof.

Appropj'iation.

Sec 2. The sum of two thousand dollars per month, payable monthly for the

137

554-561 POLITICAL CODE.,

l^eriod of two years froin and after the twenty-fifth day of March, a. d. eighteen
hundred and seventy-two, is hereby appropriated out of any money in the treas-
tuy not othenvise ai^propriated, to joay the exjjenses of said survey and publica-
tion, and the controller is hereby directed to draw his warrants upon the
treasurer and in favor of the state geologist therefor.
Sec. 3. This act shall take efl'ect immediately.

[A concurrent resolution was adopted March 25, 1874; 1873-4, 992, requesting
the late state geologist to return to the state all si)eeimens collected b}^ him as
such geologist, and that they be jjlaced in the possession of the state university
for the use and benefit of the university.]

An Act to provide for the i3reservation of the material of the geological survey of California.
Approved March 27, 1874; 1873-4, 094.

State geologist.

Section 1. It shall be the dut}' of the state geologist to deliver to the presi-
dent of the university of California, at Berkeley, in this state, all instruments,
accoutrements, furniture, property, maps, books, drawings, manuscripts, notes,
engra\dngs, lithographic stones, wood-cuts, field notes and other material of
every description and nature belonging or ajDpertaining to the geological survey
of California; such surrender and delivery to be made without delay.

Jlegenfs.

Sec 2. The regents of the university of California shall safely keep and pre-
serve, at the said university, all the proijerty and material referred to in section
one of this act, until such time as the legislature may direct otherwise.

Appi'ojyriation.

Sec. 3. The sum of five thousand dollars is hereby approjDriated out of any
money in the general fund not othenvise ai:)propriated, to pay the necessary cost
of arranging, packing, transporting and delivering the said jn-operty and mate-
rial; and the controller shall draw his warrant or warrants for such purpose,
not to exceed said sum of five thousand dollars, when directed to do so by the
state board of examiners, and the treasm-er shall pay the same.

Bejjorts.

Sec. 4. The regents of said imiversity shall keep on hand and ofi'er for sale
all volumes of reports and maps published b}' said geological survey; they may
also, as soon as the present sujjply of reports and maps is exhausted, cause
any jiortion of the same to be rej^ublished and sold at the prices now jn-ovided
or that may hereafter be provided by law; provided, that said republication shall
be done without cost to the state; provided further, that the proceeds of tlu sale
of all such maps and reports, over and above the cost of republication, shall be
paid in to the state treasurer and by him credited to the school fund of tha state.

Sec 5. This act shall take efiect immediately.

ARTICLE XIV.

SEALERS OF WEIGHTS AND MEASURES.

561. General duties of.

Sec. 501. The state sealer of weights and measures has the general sujoer-
vision of the weights and measures of the state. He must take charge of the
standards, and see that they are kept in, and in no case removed from, a fire-
proof vault in his office, except for the purpose of comi)aring and copying. He
must correct the standards of the cities and counties, provide them with the
necessaiy standards, balances, and other means of adjustment, and as often as
once in ten years comijare the same with those in his possession.

138

PUBLIC OFFICERS. 5G2-580

562. County clerks ex officio sealeis.

Sec. 5G2. The county clerks are ex officio county sealers of weights and
measures for their respective counties.

563. Duties of county sealers.

Sec. 5G3, The county sealers must keep in their offices the standards of
■weights and measures for their respective counties.

564. Standards for county sealers.

Sec. 564. Copies of the original standards, to be made of such material as
the state sealer directs, must be deposited by him in the office of the county
sealers of the several counties of this state at the expense of the counties, which
are severally responsible for the preservation of the copies respectively delivered
to them.

565. Standards to be marked.

Sec. 565. The state sealer must cause to be impressed on each of the copies
of such original standards the letter " C," and such other device as he may
direct for the particular county, which device must be recorded in the state
sealer's office, and a copy thereof delivered to the respective county sealers.

566. Standards, county sealers to compare, etc.

Sec. 566. The county sealers must compare all weights and measures which
are brought to them for that purpose with the copies of standards in their
possession, and when the same are found or made to conform to the legal
standards, the officer comparing them must seal and mark them as correct.

567. Fees.

Sec. 567. Each county sealer may receive for his services the following fees:
For sealing and marking every beam, seventy -five cents; for sealing and mark-
ing measures of extension, at the rate of forty cents per yard, not to exceed one
dollar and a half for any one measure; for sealing and marking every weight,
twenty-five cents; for sealing and marking liquid and dry measures, if the same
are of the capacity of a gallon or more, forty cents; if less than a gallon, twenty
cents.

ARTICLE XV.

INSPECTOB OF GAS METERS.

577. To provide testing apparatus.

Sec. 577. The inspector of gas meters must provide and keep suitable appa-
ratus for testing the accuracy of gas meters.

578. Seal.

Sec. 578. He must j)rovide a suitable seal with which to seal meters inspected
by him and found to be correct, and must file a copy of such seal in the office
of the secretary of state.

579. May appoint deputies.

Sec. 579. He may aj)point dejraties.

580. Must inspect meters, ivhen.

Sec. 580. He must, whenever requested, inspect and test the accuracy of any
gas meters used or intended to be used for measuring the quantity of gas fur-
nished by any gas company in this state, and when he finds the same correct,
seal the same with his seal. No meter shall be accounted correct which regis-
ters an amount more than three per cent, greater or less than the amount actually
jiassed through it, but the inspector may seal meters registering more than
three per cent, against the gas company, when requested by the company to do
so. Reasonable notice shall be given to the aj)plicant, and also the individual

139

580-595 POLITICAL CODE.

or gas company furuisbing or proposing to fnrnisli the gas, of the time and
place of the inspection of the meter, and opportunity afforded them, their ser-
vants or agents, to be present at and witness the inspection. [^Ameyidmenf , ap-
jii'oved April 1, 1876; Amendments 1875-G, 22; took effect immediatehj^^''

581. Rein^peciion.

Sec. 581. Any individual, or gas company, placing or using for measuring gas
a meter which has not been inspected by the state inspector, and does not bear
his seal, shall be guilty of a misdemeanor, nor shall any charge for gas sup-
l)lied through such a meter be legally collectible; nor shall the refusal of a
consumer to pay the same give authority to the company to refuse to supply him
with gas. When a meter, properly sealed, is once placed for the use of a con-
sumer, an inspection may be had as often as the consumer may request the same
in writing, he to i:)ay the fee therefor whenever the meter is found not to register
too fast. When the meter is found to register too fast, the gas company must pay
the fee, together with the cost of removing and resetting the meter, and the
inspector shall remove the seal if there be one upon it; provided, that when
any meter found incorrect shall be corrected, it shall be sealed by the inspector
without additional charge, if iDresented to him for reijispection within one
month. [Amendment, approved April 1, 1870; Amendments 1875-G, 22; tooh
effect immediatelij}^^

582. Compensation.

Sec. 582. He may collect a fee of two dollars and fifty cents for each meter
tested.

583. Residence.

Sec. 583. He must reside in the city of San Francisco.

584. Official bond.

Sec, 58i. He must execute an official bond in the sum of five thousand dollars.

AKTICLE XVI.

INSUKAXCE COMMISSIONER.

594. Eligibility.

Sec. 594. No person is eligible to the office of insurance commissioner or
deputy who is an officer, agent, or emplo^'ee of an insurance company,

595. General duties of insurance commissioner.

Sec 595. The insurance commissioner must receive all bonds and securities of
persons engaged in the transaction of insurance business in this state, and file
and safely keep the same in his office, or deposit them as provided in this arti-
cle. He must examine and inspect the financial condition of all persons en-
gaged, or who desire to engage, in the business of insurance; issue a certificate of
authority to transact insurance business in this state to any persons in a solvent
condition who have full^^ complied with the laws of this state; determine the
sufficiency and validity of all bonds, and other securities, required to be given by
persons engaged or to be engaged in insurance business, and cause the same
to be renewed in case of the insufficiency or invalidity thereof; and perform all
other duties imposed upon him by the laws regulating the business of insurance

(a) Original section: (6) Original section:

Skc. 580. He inuBt, whenever requefited, inspect and Skc. 581. When a meter, properly sealed, is once
test the accuracy of any giis meters used or intended to placed for the use of a consumer, an inspection maybe
be used for measuring the quantity of gas furnished had as often as the consumer may reiiuest tlic same in
by any gas company in this state, and when he finds writing; he to pay tlie fee therelor whrniver and as
the same to be correct, or when he has corrected the often as the meteris found to register correctly. When
same if found incorrect, seal the same with his seal. proved to be in<v)rre(t. the gas company must pay the

same, tugeUnr with the costs and expenses of remov-
ing and resetting the same.

PUBLIC OFFICEES. 595-597

ill this state, and enforce the execution of such laws; prepare and furnish on
demand, to all persons engaged in the insurance business, blank forms for such
statements or reports as may Ijy law be required of them; make, on or before
the first day of August, in each year, a report to the governor of this state, con-
taining a tabular statement and synopsis of the reports which have been filed
in his office, showing generally the condition of the insurance business and in-
terests in this state, and other matters concerning insurance, and a detailed
statement, verified by oath, of the moneys and fees of office received by him,
and for what purpose. And whenever any insurance company doing business
in this state shall voluntarily surrender to the insurance commissioner its cer-
tificate of authority previously granted, thereby withdrawing from business in
the state, the commissioner must make due publication of such surrender and
withdrawal, daily, for the period of one month, in some newspaper published
in the city of San Francisco. [Amendment, aiyproved March 30, 1874; Ameyid-
■ments 1873-4, 8; took effect July 6, 1874.*'"

596. Business of insurance not to he transacted without certificate.

Sec. 596. No person must transact insurance business in this state without first
procuring from the insurance commissioner a certificate of authority, as in this
chajiter provided; and all policies issued or renewed and all insurances taken
before obtaining such certificate of authority, are null and void; and any j^erson
issuing or renewing a policy without such certificate shall forfeit to the j^eople
of the State of California the sum of one hundred dollars for each jwlicy so
issued or renewed, to be collected by the insurance commissioner in the man-
ner prescribed in section five hundred ninety-eight of this code. But any
company or corj^oration belonging to any other state or country having policies
of life insurance outstanding in this state, and that were issued in accordance
with the laws of the state, shall have the right to maintain an agent in this state
for the collection of renewal premiums on such policies; and the commissioner
is hereby authorized to issue to the duly appointed agent of such company or
corporation a certificate, authorizing him to collect such premiums. But the
company or corporation must satisfy the commissioner that it is authorized to
transact insurance business in the state to which it belongs. The agent must,
on or before the tenth day of January, in each year, file with the commissioner
a statement, under oath, showing the gross amount of premiums collected by
him during the year ending on the thirty-first day of December next preceding;
and upon filing such statement, he must pay into the office of the commissioner
the svim of twenty dollars in gold coin of the United States. [Amendment,
approved March 2)^ , 1874; Amendments 1873-4, 61; took effect sixtieth day after
passage}^^

597. To examine affairs of companies, when.

Sec. 597, The commissioner, whenever necessary, or whenever he is requested
by verified petition, signed by three persons interested, either as stockholders,
policy holders, or creditors of any 2^ei"son engaged in insurance business,
showing that such person is insolvent under the laws of this state, must make
examination of the business and affairs relating to the insurance business of
such person; and for such purpose has free access to all the books and j^apers
of such person, and must thoroughly inspect and examine all his affairs, and
ascertain his condition and ability to fulfill his engagements, and whether he

(a) The original section did not contain the last sen- first full sentence of the above amendment down to

tence of the above amendment. and inchiding the words " of this code," omitting the

(6) The original section consisted of the first two words " by the insurance commissioner; " but bj- oper-

clauses of ,the above amendment down to and includ- ation of section 117 of the amendatory act last referred

ing the words " null and void." to (see Amendments 1873-4, 60; post, 4457) the amend-

The section was amended by another act of March ment given in the text superseded the original section

30, 1874 (Amendments 1873-4, 9) so as to read like the and the other ameudment of March 30, 1874.

141

597-601 POLITICAL CODE.

Las complied with all the jn-ovisions of law applicable to his insurance transac-
tions. Such person and his officers and agents must open his books and pajiers
for the inspection of the commissioner, and otherwise facilitate such examina-
tion; and the commissioner may administer oaths and examine nnder oath any
persons relative to the business of such person, and if he finds the books to
have been carelessly or improperly kej)t or posted, he must employ sworn
experts to rewrite, post, and balance the same, at the expense of such person.
Such examination must be conducted in the county where such person has his
princijial place of business, and must be private, unless the commissioner
deems it necessary to publish the result of such investigation, in which case he
may publish the same in two of the jiublic newspaj^ers of this state, one of
which must be published in the city of San Francisco.

598. Fines imposed if companies refuse.

Sec. 598. The commissioner may collect the sum of five hundred dollars from
any person engaged in the business of insurance for each refusal to give full
and truthful information and response in writing to any inquiry in writing T)y
the commissioner relating to the business of insurance as carried on by him;
and for that purpose suits may be instituted by the commissioner, in the name
of the people of the State of California, in any court of competent jurisdiction.

599. May issue subpoenas.

Sec 599. The commissioner may issue subpoenas for witnesses to attend and
testify before him on any subject touching insurance business or in aid of his
duties, which must be served, obeyed, and enforced as provided in the Code of
Civil Procedure for civil cases, the commissioner to issue attachments and im-
pose the penalty for disobedience; and, in addition, the defaulting witness may
be punished as jDrovided in the Penal Code.

600. Proceedings on insolvency of companies.

Sec 600. "Whenever the commissioner ascertains that any person engaged in
the insurance business is insolvent within the meaning of this chajoter, he must
revoke the certificate granted, and send b}^ mail to such person, addressed to
him at his principal place of business, or deliver to him personally, notice of such
revocation, and cause notice thereof to be filed in his office, and also to be pub-
lished daily for four weeks in some newspaper published in the city of San Fran-
cisco. He must require such person, after receiving notice of the revocation, or
after the first publication thereof, to discontinue the issuing of any new policies,
and the renewal of any previously issued; and in such cases must require the per-
son or the manager or agent of the business to repair the capital thereof within
such jieriod as lie may designate in such requisition, by assessment upon the
stockholders for such amounts as will make the caj)ital equal to the amount of
the paid-up capital, exclusive of assets needed to pay all ascertained liabilities
for losses rejiorted, for expenses and taxes, and exclusive of the entire jyre-
miums received for outstanding risks.

601. Proceedinrjs xohen this vi not done.

Sec 601. In case any person, upon the requisition of the commissioner, fails
to make up the deficiency of the capital in accordance with the requirements of
this cliapter, or to comply in all resjDects with the laws of this state, the com-
missioner must communicate the fact to the attorney-general, who must com-
mence an action in the name of the people of this state, in the district court of
the judicial district where the person in question is located or has his principal
office, against such person, and apply for an order requiring cause to be shown
why the business should not be closed; and the court must thereupon hear
the allegations and proofs of the respective parties, as in other cases. If it

142

PUBLIC OFFICERS. f.01-G04

appears to the satisfaction of the court that such person is insolvent, or that
the interests of the public so require, the court must decree a dissolution of such
corporation, and a winding' up of its affairs and a distribution of the itVects of
such person; but otherwise, the court must enter a decree anniillin<,' the act of
the commissioner in the premises, and authoiizinrf such person to resume busi-
ness. But the commissioner must not be held liable for damages, if he has
acted in good faith. In the event of any additional losses occuning upon new
risks taken after the expiration of the period limited by the commissi(Uier in
the requisition, and before the deficiency has been filled up, the directors of
any company, corporation, or association are individually liable to the extent
thereof.

602. What constitutes insolvency.

Sec. 602. Whenever provision for the liabilities of any person engaged in the
insurance business in this state for losses reported, expenses, taxes, and rein-
surance of all outstanding risks estimated at fifty per cent, of the premiums
received and receivable on all fire risks and marine time risks, at the full
premiums received and receivable on all the marine risks, and at rates for life
risks based upon the rates of mortality established by the American Experience
Life Table, and interest at four and one half per cent, per annum, and such
rates for accident and other kinds of insurance as are accepted by the insurance
authorities of the State of New York, would so far impair his capital stock paid
in to reduce the same below two hundred thousand dollars in gold coin of the
United States, or below sixty per cent, of said capital stock paid in, such per-
son is insolvent; and in the case of a person thus engaged in the insurance
business in this state, on the mutual plan, if his available cash assets shall not
exceed his liabilities, as hereinbefore enumerated, in the full sum of two hun-
dred thousand dollars in United States gold coin, such person is insolvent.
[Amendment, approved March 30, 1874; Amendments 1873-4, 62; took effect July
2, 1874.^^'

603. Must keep a record.

Sec. 608. The commissioner must keep and preserve, in a permanent form, a
full record of his proceedings, including a concise statement of the condition of
each person visited or examined by him.

604. May employ actuary, when.

Sec. 604. The commissioner may employ an actuary to make the valuation of
life policies, at the comj^ensation of not exceeding three cents for each thousand
dollars of insurance, to be paid by the person or corporation for which the val-
uation is made.

(a) Original section: Seo. 602. Whenever provision for the liabilities of

Sec. 602. Whenever the liabilities of any person en- any person eIlf;!l^'Pl^ in the insurance business in this

gaged in the insurauce business, for losses reported, state, for losses reported, expenses, taxes, and reinsur-

expenses, taxes, and reinsurance of all outstanding ance of all outstanding risks estimated iit fifty per

risks, estimated at fifty per cent, of the premiums re- cent, of the premiums received and receivable on all

ceived on fire risks and marine time risks, at the full fire risks and marine time risks, at the full premiums

premiums on all other marine risks, and at rates for received and receivable on all other marine risks, and

life risks based upon the rate of mortnlitv as estab- at rates for life risks, based upon the rate of mortality

lished by the American Experience Life Tiibh. and the established by the Ajuerican Experience Life Table,

rate of interest assumed to be four and one half per and interest at fcmr and one half per cent, per annum,

cent. i)er annum, and such rates for accidental and and such rates for accident and other kinds of insur-

other kinds of insurance as are Kenorally accepted by ance, as are accepted by the insurance authorities of

the superintendent of the insurance depiirtment of the the State of New York, would so far impair his capital

State of New York, would impair his capital stock al- stock paid in as to reduce the same below two hundred

ready paid in to an extent exceeding twenty per cent., thousand dollars in gold coin of the T'nited States, or

such person is insolvent. below twenty per cent, of said capital stock paid in.

The section was amended by another act of March such person is insolvent. And in the case of a person

30, 1874 (Amendments l!S7;3-4, 9) so as to read as fol- thus engaged in the insurauce business in this state

lows; but by operation of section 117 of the last-named on the ujutual plan, if his available cash assets shall

amendatory act of JIarch 30, 1S74 (see Amendments not exceed his liabilities, as hereinbefore enumerated,

l«7;;-4,r,0; post. 44.-)7) the amendment given in the text in the full sum of two hundred thousand dollars in

sui)t.iN,aed botli the original section and the following United States gold coin, such person is insolvent.
amendment of March 30, Wti.

143

605-638 POLITICAL CODE.

605. Fees to be paid to commissioyiei-.

Sec. G05. The commissioner must require in advance, in United States gold
coin, the following fees:

1. For filing the articles of incoii^^oration or certified copy of ai'ticles or other
certificate required to be filed in his ofiice, thirty dollars;

2. For filing the annual statement reqitired to be filed, twenty dollars;

3. For filing any other pajDcrs i*equired by this chapter to be filed, five dollars;

4. For furnishing copies of papers filed in his ofiice, twenty cents per folio;

5. For certifying coj^ies, one dollar each;

6. For each certificate issued as provided in section C19, the sum of five dollars.

606. Assessments for deficiency in scdary and expenses.

Sec 606. If the salary of the commissioner and the expenses of his ofifice
exceed the fees and charges collected by him, such excess must be annually
assessed by the commissioner upon all persons or corjDorations engaged in the
business of insurance in this state, and they are severally liable therefor, pro
rata, according to the amount of premiums received or receivable from risks
taken in this state, respectively, during the year ending on the thirty-first day
of December next preceding the assessment. The commissioner must collect
all fees and assessments, and pay monthly into the state treasury whatever
amounts may be received and collected by him. He may bring actions in the
name of the j)eople of this state to enforce such collection; and any person liable
for any assessment who neglects or refuses to pay the amount of such assessment
within ten days after demand thereof in writing by the insurance commissioner,
becomes liable to pay double the amount of such assessment, and any judgment
recovered in such case must be for such double amount and costs.

607. Ceriain certificates to be filed in his ofiice.

Sec. 607. The commissioner miist cause everj' corporation or persoij, before
engaging in the business of insurance, to file in his office as follows:

1. If incorj^orated under the laws of this state, a coj^y of the articles of incor-
poration or statement of any increase or diminution of the capital stock, certified
by the secretary of state to be a copy of that which is filed in his office;

2. If incoi^jiorated under the laws of any other state or country, a copy of the
articles of incorporation, if organized or formed under any law requiring articles
to be filed, duly certified by the officer having the custod}' of such articles; or,
if not so organized, a copy of the law, charter, or deed of settlement under
which the organization is made, duly certified by the proper custodian thereof,
or i^roved by affidavit to be a cojDy; also, a certificate, under the hand and seal
of the proper officer of such state or country having supervision of insurance
business therein, that such corporation or company is organized under the laws
of such state or country, with the amount of cai:)ital stock or assets required by
this chapter;

3. If not incorporated, a certificate setting forth the nature a«d character of
the business, the location of the principal office, the names of the persons and
of those composing the association, the amount of actual capital employed or to
be employed tlierein, and the names of all officers and persons by whom the
liusiness is or may be managed. The certificate must be verified by the affidavit
of the chief officer, secretaiy, agent, or manager of the association; and if there
is any written articles of agreement or association, a copy thereof must accom-
pan}^ such certificates.

608. Companies doing business by agents.

Sec. 608. He must require from ever^-^ insurance association not formed under
the laws of this state, or not incorporated, carrying on the business of insurance
by an agent:

144

PUBLIC OFFICERS. 608-611

1. A certified or verified power of attorney or written authority to siicli agent;

2. A notice of any change of agents, or in the powers of any agent, within
ninety days after such change, and a certified copy of any new or further power
of attorney or authority before the same is acted under;

3. When by any law, agreement, or other writing, any change is made in
respect to any of the particular^ set forth in the certificate on file, a certified
copy of such law, agreement, or other writing, verified respectively as certifi-
cates are required to be verified; also, a notice of such change before the same
is acted under.

609. 3Iay determine name of new coyporalion.

Sec. 609. The commissioner must require the name under which any corpora-
tion hereafter proposes to be formed or organized under the laws of this state for
the transaction of insurance business, to be submitted to him before the commence-
ment of such business; and he may reject any name or title so submitted when
the same is an interference with or too similar to one already approj^riated, or
likely to mislead the public in any respect; and in such case a name not liable
to such objection must be chosen.

610. Statement to he made by insurance companies.

Sec 610. The commissioner must require from every corporation or person
doing business of insurance in this state, a statement, verified as follows:

1. If it be made by a corporation organized under the laws of this state, by
the oaths of the president and secretary, or of the vice-president and secretary
thereof;

2. If made by a foreign insurance company or person, by the oath of the
principal executive officer thei'eof ;

3. If it be made hy an individual or firm, by the oath of such individual or a
member of the firm. [Amendment, approved March 30, 1874; Amendments
1873-4, 10; took effect July 6, 1874.'^>

611. Statement, when to he made.

Sec. 611. The statement mentioned in the pi^eceding section must exhibit the
condition and affairs of every such corporation, person, firm, or individual, on
the thirty-first day of December then next preceding, and must be jiublished
in a daily newspaper in the city where the principal office is located for the
peiiod of one week; and must be filed with the insurance commissioner, as
follows:

1. If made by a person residing in, or by a company organized under the
laws of this state, on or before the first day of February of each year;

2. If made by a jDerson resident of, or by a company organized under the
laws of any other state or temtory or district of the United States, on or be-
fore the first day of March of each year.

3. If made by a person resident of, or by a company organized under the
laws of any coujitry foreign to the United States, on or before the first day of
April of each year. [Amendment, approved March 30, 1874; Amendments 1873-4,
10; took effect July 6, 1874.'-^'

(a) The original section had the following fiirther 1. By persons transacting the business of fire, ma-
clause at the end of the second subdivision, '• or by the rlne, or inland insurance:

oath of a duly authorized agent thereof residing in this (a) If made by a person residing in or by a company

state." organized imder the laws of this state, on or before

(a) Original section: the first day of February of each year;

Sec. Gil. The statement mentioned in the preceding (b) If made by a person resident of or by a company

section must exhibit the condition and affairs of every organized under the laws of any other state or territory

such corporation, person, firm or individual, on the or district of the United States, on or before the first

thirty-first day of December then next jireceding, and day of June of each year;

must be published in a daily newspaper in the city (c) If made by a person resident of or by a company

where the principal office is located, for the period of organized under the laws of any country foreign to the
one week ; and must be filed with the insurance com-
missioner, as follows:

10 145

612 POLITICAL CODE.

612. Statement hy fire, marine, and inland infturance companies.

Sec. 612. Such statemeut, if made by jSre, iiiariue, and inland insurance
companies, must show:

Fird. The amount of the capital stock of the company.

Second. The property or assets held by the company, specifying:

1. The value of the real estate held by such company;

2. The amount of cash on hand and deposited in banks to the credit of the
company, specifying the same;

3. The amount of cash in the hands of agents and in course of transmission;

4. The amount of loans secured by bonds and mortgages constituting the
first loan on real estate on which there is less than one 3'ear's interest due or
owing;

5. The amount of loans on which interest has not been paid Avithin one year
previous to statement;

6. The amount due the company on which judgments have been obtained;

7. The amount of stocks of this state, of the United States, of any incorpo-
rated city of this state, and of any other stocks owned by the company, speci-
fying the amount, nu)uber of shares, and par and market value of each kind of
stock;

8. The amount of stocks held as collateral security for loans, witb the amount
loaned on each kind of stock, its jDar value and market value;

9. The amount of interest due and unpaid;

10. The amount of all other loans made by the comjDany, specifying the same;

11. The amount of premium notes on hand on which policies are issued;

12. All other property belonging to the company, specifying the same.
Third. The liabilities of such company, specifying:

1. The amount of losses due and unpaid;

2. The amount of claims for losses resisted by the company;

3. The amount of losses in process of adjustment or in suspense, including
all reported or supposed losses;

4. The amount of dividends declared, due, and remaining unpaid;

5. The amount of dividends declared, but not due;

6. The amount of money borrowed and security given for the payment
thereof;

7. Gross premiums (without any deduction) received and receivable upon all
unexpired fire risks running one year or less from date of jjolicy — reinsurance
thereon at fifty per cent. ;

8. Gross premiums (without any deductions) received and receivable uj^on all
unexpired fire risks ninning more than one year from date of policy— rein-
surance thereon pro rata;

9. Gross premiums (without any deductions) received and receivable upon all
unexpired marine and inland navigation risks, except time risks — reinsurance
thereon at one hundred j^er cent. ;

10. Gross i)remiums (without any deductions) received and receivable on
marine time risks — reinsurance thereon at fifty per cent. ;

11. Amount reclaimable by the insured on perpetual fire insurance policies,
being ninety-five per cent, of the premium or dej^osit received;

12. Eeinsurance fund and all other liabilities, except caj^ital, under the life
insurance or any other special department;

United States, on or before the first duy of .June of organized under the laws of any other state or terri-

each year. tory or diBtrict of the TJnited States, on or before the

2. By iiersons tninsacting the ImsinesB of insurance, first day of April of each year;

other than fire, nmrine. or iulnnd: (c) If iiiaiU- by a xxrson resident of or by a company

(a) If made by a person residing in or by a comiJany organized under the laws of any country foreign to the

organized under the laws of this state, on or before United States, on or before the first day of June of

the first day of March of each year; each year.

()■! If made by a person resident of or by a couiiJimy

146

PUBLIC OFFICERS. 612-613

13. Unused balances of bills and notes taken in advance for premiums on
open marine and inland policies, or otherwise, returnable on settlement;

14. Principal unpaid on scrip or certificates of profits which liave been author-
ized or ordered to be redeemed;

15. Amount of all other liabilities of the company, specifying the same.
Fourth. The income of the comj)any during the preceding year, specifying:

1. The amount of cash premiums received;

2. The amount of notes received for j)remiums;

3. The amount of interest money received, specifying the same;

4. The amount of income received from all other sources, sjjecif^'ing the
same.

Fifth. The expenditures during the preceding year, specifying:

1. The amount of losses paid;

2. The amount of dividends paid;

3. The amount of expenses paid, including commissions and fees to agents
and officers of the company;

4. The amount paid for taxes;

5. The amount of all other payments and expenditures.
Sixth. 1, The amount of risks written during the year;

2. The amount of risks exj^ired during the year;

3. The amount of risks written during the year in the State of California;
4 The amount of premiums thereon.

613. Statement by life, health and accident companies.

Sec. 613. Such statement, if made by life, health, and accident companies,
must show:

Fii^st. The amount of the capital stock of the company.

Second. The property or assets held by the company, specifying:

1. The value of the real estate held by the company;

2. The amount of cash on hand and deposited in banks to the credit of the
company, specifying the same;

3. The amount of loans secured by bond and mortgage on real estate, speci-
fying the same;

4. Amount of loans secured by pledge of bonds, stocks, or other marketable
securities as collateral, sj)ecifying the same;

5. Cash market value of all stocks and bonds owned by the company, sj^eci-
fying the same;

6. Interest due the company and unpaid;

7. Interest accrued but not due;

8. Premium notes and loans in any form taken in jDa^anent of premiums on
policies now in foi'ce;

9. Gross amount of premiums in process of collection and transmission on
policies in force;

10. Gross amount of deferred premiums;

11. All other assets, specifying the same.

TJiird — Liabilities. 1. Claims for death losses and matured endowments, due
and unpaid;

2. Claims for death losses and matured endowments in process of adjust-
ment or adjusted and not due;

3. Claims resisted by the companj^;

4. Amounts due and unpaid on annuity claims;

5. Trust fund, on deposit, or net present value of all the outstanding jioli-
cies, computed according to the American experience tables of mortality, with
four and one half per cent, interest;

147

G13-G15 POLITICAL CODE.

6. Additional trust fund on deposit, or net present value of extra and special
risks, including those on impaired lives;

7. Amount of all unpaid dividends of surplus percentages, bonuses, and
other description of profits to policy-holders, and interest thereon;

8. Amount of any other liability to policy-holders or annuitants not included
above ;

9. Amount of dividends unpaid to stockholders;

10. Amount of national, state, and other taxes due;

11. All other liabilities, specifying the same.

Fourth — Income. 1. Cash received for premiums on new policies during the
year;

2. Cash received for renewal of premiums during the year;

3. Cash received for purchase of annuities;

4. Cash received for all other premiums;

5. Cash received for interest on loans, specifying the same;

6. Rents received;

7. Cash received from all other sources, specifying the same;

8. Gross amount of notes taken on account of new premiums;

9. Gross amount of notes taken on account of renewal premiums.
Fifth — Expenditures. 1. Cash paid for losses;

2. Cash j)aid to annuitants;

3. Cash paid for lapsed, surrendered, and purchased policies;

4. Cash paid for dividends to policy-holders.

5. Cash paid for dividends to stockholders;

6. Cash paid for reinsurances;

7. Commission paid to agents;

8. Salaries and other compensation of officers and employees, excejDt agents
and medical examiners;

9. Medical examiners' fees and salaries;

10. Cash paid for taxes;

11. Cash paid for rents;

12. Cash paid for commuting commissions;

13. All other cash payments.

Sixth. Balance sheet of jDremium note account.

Seventh. Balance sheet of all the business of the company.

Eighth. 1. Total amount of insurance effected during the year on new jDolicies;

2. Total amount of insurance effected during the year in the State of Cali-
fornia;

3. Premiums received during the year on risks written in the State of Cali-
fornia.

614. Stock notes, hoxo computed.

Sec. G14. Mutual companies formed, existing, and doing business under an
act entitled "An Act to provide for the incorporation of mutual insurance com-
panies," passed April twenty-sixth, eighteen hundred and fifty-one, may report
their aj^proved stock notes as capital j^aid up, and such notes for all purposes
must be deemed part of the paid-uj) capital stock of such corporation.

615. To furnish blanks.

Sec. 015. The insurance commissioner must cause to be prepared and furnish
to each person and to each of the companies incorporated in this state, and to the
attorney of each of the companies incor])orated or chartered by other states and
foreign governments, priuted forms oi the statements herein required; and he may
make such changes from time to time in the form of the same as seems to him
best adapted to elicit from the companies a true exhibit of their condition in

148

PUBLIC OFFICERS. G15-G17

respect to the several points hereinbefore enumerated. The same forms must
be addressed to all jjersous and companies engaged in the same kind of busi-
ness.

616. Agent upon ichom proccH^ may he served.

Sec. 616. The insurance commissioner must require, as a condition precedent
to the transaction of insurance business in this state by any foreign corporation
or comj)any, that such corporation or company must file in his office the name
of an agent, and his jjlace of residence in this state, on whom summons and
other process may be served in all actions or other legal proceedings against
such corporation or company. All process so served gives jurisdiction over the
person of such corporation or company. The agent so appointed and desig-
nated shall be deemed in law a general agent, and must be the principal agent
or chief manager of the business of such corporation or company' in this state.
Any act, statement, representation, or agreement, done or made by an agent so
aj^pointed and designated, which in any manner j)ertains to the business of such
corporation or company, shall be deemed the act, statement, representation, or
agreement of the principal, and shall have the same force and efifect as if done
or made hj the principal. Any such foreign corporation or comjaany shall, as
a fui*ther condition precedent to the transaction of insurance business in this
state, and in consideration of the privilege to transact such insurance business
in this state, make and file with the insurance commissioner an agreement or
stipulation, executed by the proper authorities of such corporation or company,
in form and substance as follows: "The (giving name of corporation or com-
pany), does hereby stipulate and agree, that in consideration of the permission
granted by the State of California to it, to transact insurance business in that
state, that in all litigation between (giving name of cori^oration or compan}^),
and any citizen of the State of California, the courts of said state shall have
and maintain exclusive jurisdiction of such, litigation. And it is further agreed
that no action hereafter commenced in any district court of said State of Cali-
fornia against (insert name), shall be removed or transferred therefrom to the
United States circuit court." If in any action hereafter commenced in any dis-
trict court of this state, by a citizen thereof, against a foreign corporation or
company doing insurance business in said state, such corporation or company
shall transfer, or cause to be transferred, such action to the United States cir-
cuit court, the right of such corporation or company to transact insurance busi-
ness in said state shall thereupon and thereby cease and determine; and the
insurance commissioner shall immediately revoke the certificate of such cor-
poration or company, authorizing it to do business in said State of California.
[Amendment, approved March 28, 1874; Amendments 1873-4, 63; took effect from
passage; repealed inconsistent acts}^^

617. Duties of commissioner ivhen companies fail to make statement.

Sec. 617. The commissioner must collect the sum of one thousand dollars
from any corporation or company engaged in the business of insurance, for a
failure to make and deposit, in his office, within ninet}^ days after being thereto
requested by said commissioner, the statements and stipulations provided for
in the eighth preceding section and the last preceding section; and an addi-
tional penalty of two thousand dollars for each and eveiy month thereafter that
such corporation or comj^any contiiuies to transact the business of insurance,
until such certificate, statement, and stipulations are filed; and for that purpose
suit may be instituted in the name of the people of the State of California, in
any court of competent jurisdiction. The insurance commissioner shall im-

(a) The original section consisted only of the first two sentences of the above amended section, omitting the
words " or company."

149

G17-G21 POLITICAL CODE,

mediately after the passage of this act give due notice of its provisions to all
foreign insurance cori:)orations or conijianies doing or proposing to do business
in this state. [Amendmenf , approved 3larch 28, 1874; Amendments 1873-4, 65;
iook effect from passage ; repealed inconsistent acts}^''

618. Deposits and dividends.

Sec. G18. Whenever the laws of any state of the United States require any
life insurance company incorporated by or organized under the laws of this
state to deposit with some officer of this state securities in trust for or for the
benefit of the policy-holders of such corjioration as a prerequisite to transacting
business in such other state, the commissioner of this state must receive from
such life insurance corporation securities of the amount rec[uired b}^ the laws of
such other state, on deposit and in trust for the policy-holders of such corpora-
tion, the value of which must be ec|ual to the vakie of interest-bearing stocks,
bonds, or other securities of the United States. He must, upon the receipt of
the securities, forthwith make a special deposit in the state treasury of the same,
in packages marked with the name of the corporation from whom received,
where they must remain as security for policy-holders in the corporation to
which they respectively belong; but so long as an}' corporation so depositing
continues solvent, he must permit such corporation to collect the interest or
dividends on its securities so deposited, and from time to time to withdraw any
such securities on depositing other securities in the stead of those to be with-
drawn, such new securities to be of the same value mentioned in this chapter;
but such securities must not be withdrawn from the state treasury unless upon
the written order of the acting president and secretary of the corporation mak-
ing the deposits, which order must be indorsed by the commissioner, or uj^on
the order and authority of some court of competent jurisdiction.

619. Deposits, receipts for.

Sec. G19. Whenever an}' life insurance corporation, organized under the laws
of this state, has deposited with the commissioner the requisite securities, in
conformity with the laws of the state in which such corporation is desirous of
transacting its business, he must issue to such corporation a certificate, under
his official seal, of such deposit, for each state requiring the same, which must
state the items and amount of securities thus deposited, and that they are of
the market value represented therein; but no securities must be estimated above
the par value of the same.

620. Deposits returned, lohen.

Sec. G20. Whenever any life insurance corporation has so deposited its secur-
ities, and has paid, canceled, or reinsured all its unexpired policies, and all its
liabilities under such policies are extinguished or assumed by other responsible
coiporations having a siujilar deposit with the commissioner, then if, on ap-
plication of such corporation, verified by the oath of its president and secretaiy,
and from an examination of the books of the corporation and of its officers
under oath, the insurance commissioner is satisfied that all of its policies are so
paid, canceled, extinguished, or reinsured, he must deliver up to the corjiora-
tion the securities deposited.

621. Examination (f securities.

Sec G21. The commissioner must make an annual examination of the securi-
ties received by him from each life insurance corporation, and if it appear at

(a) Original Bection: niontli thorcaitcr tliiit such person or corjioratiou con-

Skc. 017. The coniiniSRloner must collci-t tlic sum of tinucs to transact the l)usiu(ss of insurance until such

five huudrcd dollars from any person or corporation certificate and statement is filed, and for that purpose

engaged in tin; Inisiness of insurance for a failure to suits may be instituted in the name of the peoi)le of

luake and deposit in his office the statements provided the State of California iu any court of comi)etent juris-

for in the eighth preceding section, and an additional diction,
penalty of one tliousaud dollars for each and every

150

PUBLIC OFFICERS. 621-G23

any time that the securities deposited by auy corporation amount to less than
the sum required for the purposes for which the deposit Avas made, he must
notify tlie corporation thereof; and unless the deficiency is made up within
thirt}' days after notice, the commissioner must countermand all the certificates
he may have issued to the corporation under this chapter, and give notice
thereof to the officers of the several states to whom the certificate may have
been transmitted; and he must also publish the notice for three weeks succes-
sively in one daily newspaper printed in the city of Sacramento, and one daily
newspaper printed in the city of San Francisco, at the expense of the corpora-
tion, collected by assessment.

622. Retaliatory clause.

Sec. 622. Whenever the laws of any state or count[r]y require of insurance
companies, incorporated under the laws of this state, and having agencies in
sucli other state or couut[r]y, or of the agents thereof, any further or greater
license, fees, charges, impositions, taxes, deposit of securities, statements, pub-
lications, or certificates of authority, or inflict any greater iines or penalties
upon such corj^orations or agents than are required from similar companies or
agents, belonging to such state or count[r]y respectively, then and in every such
case, from every company, person, or corporation of such state or eount[r]y,
which has or is about to establish agencies in this state, the commissioner must,
before it continues or commences to do business in this state, collect the same
license, fees, charges, impositions, and taxes, " as are imposed by such state
upon agents, companies, corporations, or persons of this state, doing business
in such state in excess of the license, fees, charges, imiDOsitions, and taxes, upon
agents, companies, corporations, or persons of that state," and require the
same statements, publications, certificates of authority, and the same deposit of
securities as are required by the laws of such state or country, of companies,
persons, or corporations, and agents of this state, doing business in such other
state or country. And the same fines and penalties must be inflicted upon
companies, persons or corporations, of such other state or country, and their
agents, as are inflicted by the laws of such state or country upon companies,
persons, or corporations of this state, and their agents, in excess of such fines
and penalties inflicted upon companies, persons, or corporations belonging to
such state or country, resj)ectively; which may be recovered by the insurance
commissioner in the manner provided in section 598 of this code. [Amend-
ment, apj^roved March 30, 1874; Amendments 1873-4, 11; took efect July G,
1874.'^'

623. Bonds from foreign corporations.

Sec. 623. The commissioner must require every company, association or indi-
vidual, not incorporated under the laws of this state, and projjosing to transact
insurance business by agent or agents in this state, before commencing such
business to file iu his office a bond, to be signed by the person or firm, officer or
agent, as princij^al, with two sureties, to be approved by the commissioner, in
the j)enal sum of two thousand dollars for each insurance company, association,

(a) Original section: agencies in this state, the commissioner must, before
Sec. 622. Whenever the laws of any state of the it continues or commences to do busincsK in this state.
United States require of insurance companies incor- collect the same license, fees, charges, impot-iticius, and
porated under the laws of this state and having agen- taxes, and require the same statements, publiciitions,
cies in such other state, or of the agents thereof, any certificates of authority, and the same depo.sit of secu-
turther or greater license, fees, charges, impositions, rities as are required by the laws of such state of simi-
taxes, deposit of securities, statements, publications, lar companies, persons, or corporations, and agents of
or certificates of authority, or inflict any greater fines this state doing business iu such other state; and the
or penalties upon such corporations or agents than are same fines and penalties must be inflicted upon corn-
required from similar companies or agents of other panies, persons, or corporations of such other states,
states doing business in this state, then and in eveiy and their agents, as are inflicted by such states upon
such case, from every company, person, or corporation companies, persons, or corporations of this state, and
of such other state which has or is about to establish their agents, under the laws of such other states.

151

G23-630 POLITICAL CODE.

firm or individual for whose account it is proj^osed to collect premiums of insur-
ance in this state, the conditions of such bonds to be as follows:

1. That the person or firm, agent or officer named therein, acting on behalf
of the company, association, firm or individual named therein, will pay to the
treasurer of the county, or city and county, in which the principal office of the
agency is located, such sum per quarter, c^uarterly in advance, for a license to
transact an insurance business, or such other license as may be imposed by law,
so long as the agency remains in the hands of the person or firm, officer or
agent named as principal in the bond;

2. That the 2:)erson or firm, officer or agent will pay to the state all stamp or
other duties on the gross amounts insured by them in the manner and at the time
prescribed by law, inclusive of renewals on existing policies;

3. That the joersou, firm, agent or cori^oration named therein will conform
to all the provisions of the revenue and other laws made to govern them.

624. Separate bonds, when.

Sec. 624. Whenever the same person, firm, ofiicer or agent desires to collect
premiums of insurance for more than one company, association or individual,
not incorporated under the laws of this state, the commissioner must require a
separate bond, as provided in the preceding section, for each company or asso-
ciation so represented by such person, firm, officer or agent.

625. Commissioner to furnish assessor with certain information.

Sec 625. The commissioner must, before the commencement of each fiscal
year as fixed in the revenue laws, furnish the assessor of the county in which the
principal office of any person or corporation doing the business of insurance is
situated, all the data concerning premiums collected by, and all other necessary
information in relation to the business of such person or corporation as will
assist the assessor in the performance of his duties.

626. Securities.

Sec. 626. The commissioner must require from every person, before and after
engaging in the business of insurance, a full comi:>liance with all the provisions
of Title II, Part IV, Division I of the Civil Code applicable thereto; and every
person neglecting to comply with such requirements is subject to the fines and
penalties therein prescribed. [See post, 5414.]

627. Statements to be based on gold coin values.

Sec. 627. All statements, estimates, percentages, payments, and calculations
required by this chapter to be made, either by the commissioner or persons en-
gaged in the business of fire or marine insurance, must be in gold coin of the
United States.

628. Salary.

Sec 628. The annual salary of the insurance commissioner is three thousand
dollars.

629. Salary of dqmiy.

Sec 629. The annual salary of the deputy of the commissioner of insurance
is eighteen hundred dollars.

630. Contingent expenses.

Sec 630. The commissioner may procure rooms for his office, at a rent not
to exceed seventy-five dollars per month, and may provide a suitable safe and
furniture therefor; he may also provide stationery, fuel, printing, and other
conveniences necessaiy for the transaction of the business of his office. All
expenditures authorized in this section must be audited by the board of exam-
iners and paid in the same manner as the salary ^of the commissioner.

152

PUBLIC OFFICEKS. 631-643

631. Location of office.

Sec. G31. The commissioner must keep his office in the city of San Fran-
cisco.

632. Official bond.

Sec. C32. The commissioner must execute an official bond in the sum of ten
thousand dollars.

633. Conditions precedent to rigid to act as agent or solicitor.

Sec. 633. No jierson shall, in this state, act as the agent or solicitor of any
life insurance company doing business in this state, until he has produced to
the commissioner and filed with him, a duplicate power of attorney from the
company, or its authorized agent, authorizing him to act as such agent or solicitor.
Upon filing such power, the commissioner shall issue a license to him to act
as such agent or solicitor for such company, if such company has received a
certificate of authority from such commissioner to do business in this state;
provided, that if such agent or solicitor shall, within the twelve months next
preceding, have been in the employ of any other company, or its authorized
agent, as such agent or solicitor, he must produce to the commissioner written
evidence from such employer that all moneys he may have collected for such
company or agent have been paid over to said company or agent. Such license
shall continue in force for twelve months from the date thereof, but may be
and shall be sooner revoked upon application of the company or its authorized
agent. Such license may be renewed from time to time, for an additional
period of twelve months, on production by the holder to the commissioner of a
certificate from the company that such person's authority as such agent or so-
licitor continues. For each such license, or renewal thereof, the commissioner
shall receive the sum of one dollar. The commissioner shall keep an alpha-
betical list of the names of persons to whom such license shall be issued, with
the date of the license and renewal, and the name of the company for which
such person is working. If any person shall fraudulently assume to be an au-
thorized agent or solicitor of any life insurance company, and thus jorocui-e, or
attempt to procure, a^jplications, or receive or attempt to obtain money for pre-
miums, he shall be guilty of a misdemeanor. If any person shall, under a false
or fictitious name, procure, or attempt to procure, a license to act as agent or
solicitor of any life insui-ance company, he shall be guilty of a misdemeanor.
[New section, approved March 12, 1874; Amendments 1873-4, QQ; took effect six-
tieth day after passage.

ARTICLE XVIL

FISH COMMISSIONEKS.

642. General duties of.

Sec 642. It is the duty of the fish commissioners:

1. To establish fish breederies for stocking the waters of this state with
foreign and native fish;

2. To purchase and import the spawn or ova of fish suitable for food;

3. To stock with such spawn the waters of this state;

4. To employ persons skilled in fish breeding to assist them in their duties;

5. To furnish jDlans for and direct and compel the construction and repair of
fish ladders and ways upon dams and obstructions;

6. To report biennially to the governor a statement of all their transactions
and disbursements.

643. No compensation.

Sec. 643. The commissioners receive no compensation.

153

654-663 POLITICAL CODE.

AETICLE XVIII.

BOARD OF EXAJVnNERS,

654. Chairman.

Sec. 654. The governor, and in his absence the secretary of state, is chairman
of the board of examiners.

655. Meetings.

Sec. 655. The semi-monthly meetings of the board must be hekl at the state
capitol on the first and third Mondays in each month.

656. Record claims to be entered on viinufes.

Sec. 656. The board must keep a record of all their proceedings, and any
member may cause his dissent to the action of the majority upon any matter to
be entered upon such record. And all claims must be entered on the minutes
of the board, before the same shall be acted ujjon. [Amendment, ajyproved
March 30, 1874; Amendments 1873-4, 67; took effect from jxissage.^^''

657. Rides and regulations. ,

Sec. 657. The board may, in writing, establish rules and regulations not
inconsistent with law for its government.

658. Witnesses.

Sec. 658. The chairman may issue subj)oenas and compel the attendance of
witnesses before the board or any member thereof in the same manner that any
court in this state may; and whenever the testimony of any witness against a
demand pending before them is material, the chairman must cause the attend-
ance of the witness before the board, or a member thereof, to testify concerning
the demand, and the board may make a reasonable allowance therefor, not
exceeding the fees of witnesses in civil cases, which must be jjaid out of the
ajjpropriation for the contingent expenses of the board, but in no instance can
an allowance be made in favor of a witness who appeared in behalf of the
claimant.

659. Depositions.

Sec. 659. Each member of the board may take depositions to be used before it.

660. Presentation of and action on claims for which apiwo2:)riations have been made.
Sec. 660. Any person having a claim against the state for which an appro-
priation has been made, may present the same to the board in the form of an
account or j^etition, and the clerk of the board must date, number, and file such
claim, and the board must allow or reject the same in the order of its presen-
tation. The board may for cause postpone action ujion a claim for not exceeding
one month.

661. Approval of claims.

Sec. 661. If the board approve such claim they must indorse thereon, over

their signatures, "Ajyproved for the sum of dollars," and transmit the same

to the office of the controller of state; and the controller must draw his warrant
for the amount so approved in favor of the claimant or his assigns in the order
in which the same was ajyproved .

662. JJisapproval.

Sec. 6(52. If the board disapprove such claim they must cause the same to be
filed with the records of the board with a statement showing such disapproval,
and the reasons therefor.

663. Same, as to claims provided for, but for which there is no appropriation.
Sec. 663. If no approi)riation has been made for the payment of an}' claim

presented to the board, the settlement of which is provided for by law, or if an

(a) The original section did not contain the last sentence of the above amendment.

154

PUBLIC OFFICEKS. 6G3-672

approioriation made has been exhausted, the board must audit the same, and if
they approve it, must transmit it to the legislature with a statement of their
api)roval.

664. Same, as to unsettled claims.

Sec. GG4. Any person having a claim against the state, the settlement of
which is not otherwise provided for by law, must present the same to the board
of examiners at least four months before the meeting of the legislature, accom-
panied by a statement showing the facts constituting the claim, verified in the
same manner as complaints in civil actions.

665. Time of meeting for action on claims referred to in last section.

Sec. 665. On the first Monday of September preceding the meeting of each
legislature, the board must hold a session at the state capitol for the purpose
of examining the class of claims referred to in the preceding section, and may
adjourn from time to time until their work is completed. Prior thereto they
must cause a list and brief abstract of all claims filed with them to be made and
published in some newspaper at Sacramento city for such time as they may
prescribe. The list must be accompanied by a general notice of the order in
which and of the time when the board will proceed to examine the claims.

666. Proof and examination of such claims.

Sec. 666. The board must, at the time designated, proceed to examine and
adjust all such claims. They may hear evidence in support of or against them,
and report to the legislature such facts and recommendations concerning them
as they may think proper. In making their recommendations they may state
and use any official or i^ersonal knowledge which any member of the board may
have touching such claims.

667. Report on such claims.

Sec 667. The board must make up their report and recommendations at least
thirty days before the meeting of the legislature. A brief abstract of their
report, showing the claims rejected, and those, or the amounts thereof, allowed,
must be published in a newspaper published at Sacramento city for such time
as the board may prescribe before the meeting of the legislature.

668. Disqualifications.

Sec 668. No member of the board must act upon any claim in which he is
interested, or for expenditures incurred in his office, nor must he be present
when the decision thereon is made.

669. Treasurer to act in place of disqualified members.

Sec 669. When any member of the board is disqualified from acting upon
any claim, the state treasurer must act in his stead.

670. Restrictions on power of hoard.

Sec 670. The board must not entertain, for the second time, a demand
against the state once rejected by it or by the legislature, unless such facts are
presented to the board as in suits between individuals would furnish sufficient
ground for granting a new trial,

671. Appeals.

Sec 671. Any person interested, who is aggrieved by the disajoproval of a
claim by the board, may appeal from the decision to the legislature of the state,
by filing with the board a notice thereof, and upon the receipt of such notice
the board must transmit the demand and all the papers accompanying the same,
vvith a statement of the evidence taken before it, to the legislature.

672. Controller not to di'aio warrant for any claims not audited by examiners.
Sec 672. The controller must not draw his warrant for any claim unless it

has been approved by the board, and when, hereafter, the controller is directed

155

672-680 POLITICAL CODE.

to draw bis warrant for any purpose, tliis direction must be construed as subject
to the provisions of this section, unless the direction is accompanied by a special
provision exempting it from its operation,

673. Certain claims exempted.

Sec. 673. Claims upon the contingent fund of either house of the legislature,
and for official salaries, are exempted from the operations of the j^ro visions of
the jn-eceding twelve sections.

674. Board may prevent payynent of controller's xcarrants, ivhen.

Sec. 674. Whenever the board has reason to believe that the controller has
di'awn or is about to draw his warrant without authority of law, or for a larger
amount than the state actually owes, the board must notify the treasurer of state
not to i)ay the warrant so drawn or to be drawn ; and thereupon the treasurer is
prohibited from paying the waiTant, whether already drawn or not, until he is
otherwise directed by the legislature.

675. 3Iust examine books of controller and treasurer.

Sec. 675. As often as it may deem proper the board must examine the books
of the controller and treasurer, the accounts and vouchers in their offices, and
count the money in the treasmy; and for that i:)urpose they may demand, and
the controller and treasurer must furnish without delay, all information touching
the books, papers, vouchers or matters pertaining to their offices.

676. Ahist count money in treasury.

Sec. 676. The counting of the moneys in the state treasury must take place
at least once a month, without the board or any member thereof giving the
treasurer any previous notice of the day or hour of counting. The board may
at any counting, place any sum in bags or boxes, and weigh each bag or box
separately, and mark the same with the weight thereon plainly specified, and
l^lace thereon a seal, to be kej^t by them, and may at subsequent countings
count or reweigh each bag or box separately', and estimate the contents of such
bags or boxes as part of the money counted by them without making a detailed
count of its contents.

677. Must make affidavit thereof.

Sec 677. Thej' must at least once in each month make and file in the office
of the secretary of state, and publish in some newspaper in Sacramento city, an
affidavit showing:

1. The amount of money that ought to be in the state treasury;

2. The amount and kind of money actually therein.

678. Controller and treasurer must permit examinalion and counting.

Sec. 678. The controller and treasurer must jDermit the board of examiners
to examine the books and papers in their respective offices; and the treasurer
must permit the moneys in the treasury, without delay on any pretense what-
ever, to be counted whenever the board may wish to make an examination or
counting.

679. Prinlinc) expert.

Sec 679. The board must appoint a printing expert, who must examine and
report to the board all accounts for jn-inting presented b}' the state printer or
any other person, specifying whether the work has been executed in a work-
manlike manner or not, and the amount for which the same should be allowed.
The rejiort is not conclusive on the board, but is in aid of the discharge of their
duties. The expert must receive a salary of fifty dollars a month, payable on
the last day of each month.

680. Conversion of school fund into bonds.

Sec 680. Whenever and as often as there is in the state treasuiy the sum of

156

PUBLIC OFFICERS. 680-C85

ten thousand dollars, as proceeds of the sale of state school lands, the board
must invest the same in civil funded bonds of this state, or in bonds of the
United States, at the lowest price at which they may be offered by the holders
thereof, and as prescribed in the succeeding section.

681. Advertisement.

Sec. 681. The board must advertise for thirty days in one daily newspaper pub-
lished in each of the cities of Sacramento and San Francisco for sealed j^roposals
for the purchase of civil bonds or bonds of the United States. At the expiration
of thirty days from the first publication of the advertisement the board must
open the bids at the time and place specified in the advertisement therefor, in
the presence of the treasurer and controller of state. They may accept or reject
all bids at their pleasure; but if they accept any bids they must accept the
bids ofi'ering" such bonds at the lowest price; but no bids must be considered
unless accompanied by the bonds.

682. Application of bonds purchased .

Sec. 682. The board must thereupon certify the accepted bids to the con-
troller, who must draw his warrant in favor of the successful bidders for the
amount respectively due, and the state treasurer must pay the same from the
proceeds of the sale of school lands, and the board must deliver the bonds so
l^urchased to the state treasurer, who must keep them as a special school fund
deposit, the interest upon such bonds to be subject to such disposition as is
provided in the title of this code relating to common schools.

683. Purchase of state bonds.

Sec 683. At any sale of civil bonds by the state treasurer the board may
become bidders and i:)urchase bonds with the funds at their disposal, and the
appropriate transfer of funds must be made by the controller and treasurer on
the books of their ofiices.

684. Salary of members.

Sec 684. The annual salary of each member of the board, except the attor-
ney-general, is one thousand dollars. The annual salary of the attorney-gen-
eral for services performed under this ai^ticle is fifteen hundred dollai's.

685. Salary of clerk.

Sec 685. The annual salary of the clei'k of the board is twelve hundred
dollars.

An Act prescribing certain duties to be performed by the state coutroller, state treasurer,

and state board of examiners.

Approved February 20, 1872; 1871-2, 118.

Rep)orts of warrants drawn by controller.

Section 1. The state controller shall furnish to the state treasurer, on the
tenth, twentieth, and last days of each month, and when either of these days
falls upon a day on which the state controller is not required to keep his ofiice
open for the transaction of business, then upon the day immediately preceding
the days herein mentioned, with a report of all warrants drawn by him upon
the treasurer since the date of his last report. Such report shall show the
number, date, and amount of each warrant, to whom issued, and the fund out
of which it is payable. From the report so furnished by the controller, the
state treasurer shall make a register of warrants, and shall pay all warrants in
the order in which they are drawn by the controller.
Report of warirmts paid by treasurer.

Sec 2. Upon the last day of each month, except when such last day falls
upon a day on which the state treasurer is not required by law to keep his
office open for the transaction of business, then upon the day immediately pre-

157

085 POLITICAL CODE.

ceding such last clay, the state treasurer shall furnish the state controller with
a list of all warrants paid hy him since the date on which his last list was fur-
nished. Such list shall contain the number, date, and amount of each warrant,
and the fund out of which the same was paid.
Adjustment of balances in treasury.

Sec. 3. Immediately after the passage of this act, it shall he the duty of the
state controller and state treasurer, under the supervision of the governor, to
ascertain the numbers, dates, and amounts of the several warrants drawn by
the controller, and then unpaid by the treasurer, and to adjust the balances in
the several fiinds of the state treasurer upon the books of the controller and
treasurer, in accordance with the sums found, to the credit of each on the books
of the controller, and the warrants found to be outstanding and not joaid by
the treasurer.

Examiners to count money, etc.

Sec. 4. "When the balances in the several funds of the state treasury shall be
adjusted as provided for in the next preceding section, the state board of ex-
aminers shall count the money in the state treasury, and compare the amount
■with the amount found to be in all the funds of the state treasury by the books
of the state controller, and upon the first business day of each month thereafter
the state controller shall furnish the state board of examiners with a statement
of the amount of money in each fund of the state treasury, and the total amount
as the same aj)pears upon the books of his office, together with a list of war-
rants issued by him but not paid by the state treasurer, and for the payment of
which there is money in the state treasury. Upon the receipt of such statement
from the controller, the state board of examiners shall proceed to count the
money in the state treasury, and compare the amount with the amount named
in the statement of the controller.
Cancellation of warrants uncalled for.

Sec 5. Whenever any warrant issued by the state controller shall remain in
his office uncalled for by the-owner thereof for the period of one year after such
warrant has become payable, it shall be the duty of the controller and treasurer,
in the presence of the state board of examiners, to cancel the same; and when-
ever any warrant, delivered to the owner thereof by the controller, but not
presented to the state treasurer for payment for a period of one year after such
warrant has become payable, said warrant shall be deemed to be canceled, and
the treasurer shall, in the presence of the controller and state board of ex-
aminers, write the word "canceled" opposite the entry of such warrant in his
registry of warrants provided for in the first section of this act. The word
"canceled" shall also be written by the state controller opposite the entry in
the warrant register in his office, of all warrants required to be canceled by this
act. The amounts of all warrants canceled under the provisions of this act
shall revert to the fund in the state treasury against which said warrants were
drawn, and shall be entered upon the books of the controller to the credit of
such fund, in the same manner as other moneys paid into the state treasury.

JRegisier of canceled warrants — Reissue.

Sec. G. The controller and treasurer shall each keep a register of warrants
canceled under this act, in which shall be entered the number, date, and
amount of the warrants, the name of the person in whose favor it was drawn,
the fund out of which it was payable, and the date of cancellation. Whenever
the owner of any warrant canceled under the provisions of this act demands
such warrant from the controller, it shall be the duty of the controller to issue
a new warrant for the same amount, in the name of the same person, and pay-
able out of the same fund as the warrant canceled; and in case where a warrant

158

PUBLIC OFFICERS. 685

issued hy the controller, but not i:)aid by the treasurer, lias been canceled, and
the owner or holder thereof presents the same for payment, it shall be the duty
of the state conti'oller to drawa new warrant therefor, in the name of the same
person, for the same amount, and payable out of the same fund as the original
warrant, and such original warrant shall thereupon be canceled by bim and
retained in his office as his voucher for issuing such new warrant. In all cases
where a warrant shall be issued in lieu of one canceled, the word " duplicate "
shall be plainly written or printed across the face thereof, in red ink, by the
controller, and the issue thereof noted on the registry of canceled warrants
kept in his office, and when any such duplicate Avarrant is paid by the state
treasurer he shall note the payment thereof on the registiy of canceled warrants
kept in his office.

Interest coupons.

Sec. 7. Whenever the interest coujDons attached to any registered bond of
this state issued under either of the following named acts, to wit: an Act to
provide for paying certain equitable claims against the State of California, and
to contract a funded debt for that purpose, approved April 28, 1857; an Act to
amend an act entitled an act to provide for paying certain equitable claims
against the State of California, and to contract a funded debt for that purpose,
approved April 28, 1857, approved April 27, 1860; an Act for the relief of the
enlisted men of the California volunteers in the service of the United States,
aj)proved April 27, 1863; an Act granting bounties to the volunteers of this
state, enlisted in the service of the United States, for issuing bonds to provide
funds for the payment of the same, and to levy a tax to pay such bonds,
approved April 4, 1864; and an Act authorizing the issuance of state bonds to
the amount of two hundred and fifty thousand dollars, to be known as state
capitol bonds, approved April 4, 1870, shall not be presented to the state
treasurer for j^ayment for a j)eriod of one year after such coupon has become
due and joayable, it shall be the duty of the state treasurer to furnish the state
controller and state board of examiners each with a list of such coupons not
presented for payment, with the amount thereof , whereupon the state controller
shall order the treasurer to pla ce the money held by him for the payment of
such coupons into the general fund of the state treasury, and the amount so
ordered into the general fund shall be placed to the credit of said fund on the
books of the controller and treasurer in the same manner as other moneys paid
into the state treasury.

Payment of interest coupons.

Sec. 8. Whenever any of the interest coupons mentioned in the seventh
section of this act are presented for payment, after the money to pay the same
has been transferred to the general fund, such coupons shall be presented to
the state board of examiners, which board shall audit and allow them out of
the general fund of the state treasury, and shall transmit a voucher to the state
controller upon which to draw his warrant upon the state treasurer. Upon the
presentation of such warrant and the surrender to him of the coupons for the
payment of which the said warrant is drawn, the state treasurer shall pay the
same out of the general fund.

Sec 9. Immediately after the passage of this act the state board of examiners
shall examine the books in the state treasurer's office in which are pasted the
coupons of the registered bonds of the state paid by him, and shall require the
state treasurer to make out a list of all coupons not found therein, as provided
! for in section seven of this act, and the m oney held by him for the payment
thereof shall be placed in the general fund as provided in this act.

Sec 10. This act shall take effect from and after its passage.

159

G85 POLITICAL CODE.

An Act to provide for the purchase of certain supijlies for state oflScers and memliers of the
legislature.

Approved March 16, 1876; 1875-6, 314.

Board of examiners constituted a furnishing board.

Section 1. The state board of examiners is hereby constituted ex officio a
furnishing board, with the powers and duties hereinafter specified.

To advertise for bids to furnish supplies.

Sec. 2. It shall be the duty of said board, as often as it shall become neces-
sary, to advertise for twenty days in two daily newspapers published in the city
of San Francisco, and one daily newspaper published in the city of Sacramento,
for sealed projjosals to furnish stationery, blank books, material for lights,
fuel, and such other articles necessary for the use of said state and legislative
officers as are entitled thereto, or any of them; and said board shall specify in
said advertisement the amount and kinds of each article desired, samples or
minute descrii^tions of which shall accompany and be deposited, with the
sealed proposals for furnishing the same, in the office of the secretary of state;
and all proposals received as aforesaid shall be opened and compared by said
board, any two of whom shall constitute a quorum, at the governor's office, at
twelve o'clock m. of the day specified in the said advertisement; and the said
board shall then and there award the contract for furnishing said supplies, or
any of them, to the lowest bidder, whose sealed bid shall be accompanied by a

bond with two or more sureties, in the sum of $ , the sum to be not less

than twice the amount of the value of the articles to be supplied, payable to
the people of the State of California, conditioned that if the bidder shall receive
the award of said contract he will, in ten days thereafter, deliver the supplies
or articles for which he has been awarded the contract; provided, that in their
said advertisement said board may classify said supplies and articles, and may
receive bids and award contracts for such separate articles or class of supplies
as they shall deem the lowest and best; provided further, that said board may
require any class or aiiicles of said supplies to be dehvered in installments, and
jDaid for on delivery; jorovided further, that any and all bids which shall be
deemed too high by said board may be declined, in which case said board shall
again advertise for sealed proposals to furnish the classes or articles of supply
so declined, and so on for the same cause, as often as it shall occur; and pro-
vided further, that in such case, said board may purchase any articles or
supplies for which bids have been rejected as aforesaid, in open market, and in
amounts sufficient for immediate necessities, but at prices not exceeding the
lowest prices in the bids rejected.

Secretary of state to open stationery accounts.

Sec. 3. It shall be the duty of the secretary of state, immediately after the
passage of this act, to take a full and complete inventory of all stationery,
blank books, and other aiiicles and supplies aforesaid, then on hand, and enter
the same in a set of books to be kept for that purpose, making a separate
account for each class of articles; and in like manner he shall enter in said
books a detailed and classified account of all purchases of articles and supplies
authorized by this act, showing the amount and cost of each article and class
of supplies purchased, the amount and cost of each class issued, amount and
cost of each article and class issued to each state officer and member of the
legislature, and amount and cost of each article and class on hand. He shall
issue the supplies aforesaid only ujion the rec[uisition of the proper officer, and
shall take a receipt for the same upon delivery, which requisition and receipt
shall be filed and preserved in his office.

IGO

PUBLIC OFFICERS. G85-700

Board to take inventory of siippUes.

Sec. 4. It shall be the duty of said board, at the end of each fiscal year, and
at such other times as they shall deem necessary, to cause an inventory to be
taken of all the articles and classes of said supplies on hand and contracted for,
and to make an examination of the amounts and vouchers aj^pertaining to the
same.

Board to report to legislature.

Sec. 5. It shall be the duty of said board, at least one month previous to the
assembling of each legislature, to advertise, in accordance with section two of
this act, for a sujDply of stationery, fuel, and such other articles as shall be
sufficient for the use of the state officers and members of the legislature, or
necessary for the public service, and at the commencement of each session said
board shall report to the legislature a full account of their receipts and expen-
ditures, and stock of supplies on hand.

Expenses of board.

Sec. 6. The actual exjDenses incurred by said board in executing the powers
and discharging the duties jirescribed and imposed in this act, when certified
by them, shall be audited by the controller, and paid by the treasurer of said
state out of any money which shall have been appropriated for that purpose ;
provided, nothing in this act shall be construed as allowing salary or compen-
sation to said furnishing board for any service performed as such board.

Sec. 7. All acts and parts of acts in conflict with this act are hereby re-
pealed.

ARTICLE XIX.

POWERS AND DUTIES OF OTHER EXECUTIVE OFFICERS.

695. Vaccine agent.

Sec. 695. The powers and duties of the vaccine agent are prescribed in Title
VII of Part III of this Code. [See post, 2993-2994.]

696. Commissioner of immigration.

Sec. 696. Those of the commissioner of immigration are prescribed in Title
VII, Part III of this Code. [See post, 2964-2968.]

697. State capital commissioners.

Sec. 697. Those of the state capitol commissioners are prescribed by " An
Act to provide for the construction of the state capitol in the city of Sacra-
mento," approved March twenty-ninth, eighteen hundred and sixty, and the
acts amendatory thereof, which are hereby continued in force.

698. [Sec. 698,'^' relating to the tide land commissioners, was rej)ealed by act
of February 4, 1876; Amendments, 1875-6, 15; took effect from passage. See
the act, ante, 365.]

699. Port wardens.

Sec. 699. Those of port wardens are prescribed in Title VI of Part III of this
Code. [See post, 2501-2511.]

700. Ha7'hor commissioners.

Sec. 700. Those of harbor commissioners are prescribed in Title VI of Part
III of this Code. [See post, 2521-2572.]

(a) Repealed section: and sixty-eight, and the acts amendatory thereof, ap-

Sec. 698. Those of the tide land commissioners are proved April first, eighteen hundred and seventy,

prescribed by "An Act to survey and dispose of certain which are hereby continued in force.

salt mursh and tide lands belonging to the State of Cal- The acts referred to in this repealed section were also

ifornia," approved March thirtieth, eighteen hundred repealed by the act of February i, 1876; see ante, 365.

11 161

701-715 POLITICAL CODE.

701. Pilots.

Sec. 701. Those of pilots are prescribed in Title YI of Part III of this Code.
[See post, 2429-2401.]

702. [Sec. 702/"^ relating to the San Francisco marine board, was repealed by
act of January 13, 1876; Amendments, 1875-G, 14; took effect immediately.]

703. Pilot commissioyiei'S.

Sec 703. Those of pilot commissioners are prescribed in Title YI of Part
III of this Code. [See post, 2429-2591.]

704. Boards of health.

Sec. 704. Those of the boards of health are prescribed in Title YII of Part
III of this Code. [See post, 2978-3082.]

705. Board of agriculture.

Sec 705. Those of the board of agriculture are prescribed in the special
statute creating the board.

706. Board of equalization.

Sec 706. Those of the board of equalization are prescribed in Title IX of
Part III of this Code. [See post, 3672-3705.]

707. Begents of university.

Sec 707. Those of the regents of the university of California in Chapter I of
Title III of Part III. [See post, 1425-1451.]

708. State board of education.

Sec 708. Those of the state board of education are prescribed in Chapter III
of Title III of Part III of this Code. [See post, 1517-1532.]

709. Trustees of normal school.

Sec 709. Those of the trustees of the state normal school are prescribed in
Chapter II of Title III of Part III of this Code. [See post, 1487-1507. ]

710. Officers of libraries.

Sec 710. Those of the trustees of the state library, state librarian and libra-
rian of the supreme court library, are prescribed in Chapter III of Title V of
Part III of this Code. [See post, 2292-2316.]

711. Directors of state prison.

Sec. 711. Those of the directors of the state prison are prescribed in Part III
of The Penai. Code. [See post, 14,573-14,595.]

712. Officers of insane asylum.

Sec 712. Those of the directors and other officers of the insane asylum are
prescribed in Chapter I of Title Y of Part III of this Code. [See post, 2136-
2222.1

713. Trustees of asylum for deaf, dumb, and blind.

Sec 713. Those of the trustees of the asylum for the deaf, dumb, and blind,
are j^rescribed in Chapter II of Title V of Part III of this Code. [See post,
2237-2282.]

714. Trustees of state burying grounds.

Sec 714. Those of the trustees of the state burying grounds are jDi'escribed in
Title YIII of Part III of this Code. [See post, 3597.]

715. Yosemife and liig 'Tree commissioners.

Sec 715. Those of the commissioners of the Yosemite valley and the Mariposa
big tree grove are prescribed in Title VIII of Part III of this Code. [See post,
3584-3586.]

(a) Repealed Bection: the port of San Francisco are prescribed In Title VI of

Sec. 702. ThoBe of members of the marine board for Part III of this Code.

162

PUBLIC OFFICERS. 726-739

CHAPTER IV.

JUDICIAL OFFICERS.

726. Number, designation, and mode of election.

Sec. 72G. The number, designation, and mode of election of judicial officers
are fixed in Title I, Part I of The Code or Civil Pkoceduke. [See post, 10,033.]

CHAPTER V.

SALARIES OF JUSTICES OF THE SUPREME COURT AND DISTRICT JUDGES, AND
OFFICERS CONNECTED WITH THE SUPREME COURT.

736. Salary of justices of supreme court.

Sec. 736. The annual salaiy of each justice of the supreme court is six thou-
sand dollars.

737. Salary of district judges.

Sec 737. The annual salaries of the judges of the third, fourth, sixth,
twelfth, fifteenth, and nineteenth judicial districts are six thousand dollars
each. [Amendment, approved Mar-ch 30, 1874; Amendments 1873-4, 12; took
effect July 6, 1874.<''>

738. Salary of district judges.

Sec. 738. The annual salaries of the judges of the other districts are five
thousand dollars each.

An Act to regulate the salary of the district judge of the sixteenth judicial district.
Approved March 30, 1872 ; 1871 2, 796.

Salary of sixteenth district judge.

Sec 1. The salary of the district judge of the sixteenth judicial district of
the State of California shall be five thousand dollars per annum from and after
the first day of January, a. d. eighteen hundred and seventy-four.

[The salary of the district judge of the twenty-first judicial district is fixed
at four thousand dollars per annum by section 6 of the act of February 15,
1876; 1875-6, 58, creating that district. See ante, 142.

The salary of the district judge of the twenty-second judicial district is fixed
at five thousand dollars per annum by section 6 of the act of March 29, 1876;
1875-6, 528, creating that district. See ante, 142.]

739. Salaries of officers connected with the supreme court.

Sec 739. The annual salaries of the officers connected with the supreme court
are as follows :
The reporter of the decisions, six thousand dollars;
The phonographic reporter, three thousand dollars;
The secretary, three thousand dollars;
The bailiff, twelve hundred dollars.

I CHAPTER VI.

' MINISTERIAL AND OTHER OFFICERS CONNECTED WITH THE COURTS.

, Abticle I. Cleek of the Supreme Court 749

I II. Kepokters of the Supreme Court 767

III. Notaries Public 791

IV. Commissioners of Deeds 811

V. Other Officers 827

(a) The original section did not include the third and nineteenth judicial districts.

163

749-756 POLITICAL CODE.

AETICLE I.

CLEEK OF THE SUPREME COUET,

749. Election and term ofo-ffice.

Sec. 749. The clerk of the supreme court is elected at the same time the
governor is elected, and holds his office for the term of four years from and
after the first Monday in December next succeeding his election.

750. General duties.

Sec 750. The clerk of the supreme court must perfoim such duties as are
prescribed in the Penal Code and Code of Civil Procedure, and such duties as
may be reqiiired of him by the rules and practice of the court.

751. 3Iay appoint two deputies.

Sec 751. He may appoint two deputies. [Amendment, approved January 20,
1876; Amendments 1875-6, 23; took effect immediately.^"^

752. Fees.

Sec 752. He must collect, in United States coin, the following fees:

For each civil case appealed to the supreme court, fifteen dollars (payable
when the transcript is filed), in full for all serAdces rendered in each case up to
and including remittitur to court below;

For dismissing on clerk's certificate, two dollars and fifty cents;

For all services rendered in each original proceeding, ten dollars;

For certificate of admission as attorney and counselor, ten dollars;

For making and certifying each copy of any jDaper, document, or record in
his office, the sum of fifteen cents per folio; but this fee must not be taxed
against the 2:)arties to suits for an}' paper or copies of papers necessary up to
and including the remittitur.

753. Disposition of fees.

Sec 753. All fees collected by him, except such as may be collected under the
laws in force prior to the first day of December, eighteen hundred and sixty-
seven, must be paid into the state treasury; eighty per cent, thereof to the
credit of the general fund, and twenty per cent, thereof to the credit of the
supreme court library fund.

754. Settlements, ivhen and how made.

Sec 754. He is responsible and must account for, and in his settlements with
tlie controller must be charged with, the full amount of all fees collected or
cliargeable and accruing in causes brought into the court for services rendered
therein up to the time of each settlement (except such fees as are collected under
the laws referred to in the jireceding section), and must at the end of eveiy
month pay the same into the state treasury. He must also, at the end of every
month, render to the controller of state, in such fonn as that officer jn-escribes,
an account in detail, under his own oath, of all fees chargeable and accnaing iu
causes brought) into court and not included in his previous accounts rendered.
His salaiy must not be allowed or paid until all fees so accruing, and for which
he is chargeable, have been accounted for and paid over.

755. Salary of clerk.

Sec 755. The annual salary of the clerk of the supi-eme court is four thou-
sand dollars.

756. Salary of deputies.

Sec 756. The annual salary of the deputy clerks is eighteen hundred dol-
lars. The salaiy of one of said deputies shall be paid by the city and county

(a) The origiuul fiectiou instead of " two (Icputies " bad the words " one deputy."

164

PUBLIC OFFICERS. 75G-77G

of San Francisco. [Amendment, approved January 20, 1S7G; Amendments 1875-6,
23; took effect immediately}"^
757. Official bond.

Sec. 757. The clerk of the supreme court must execute an official bond in the
sum of ten thousand dollars.

ARTICLE II.

REPORTERS OF THE SUPREME COTJET.

767. Reporter of decisions, appointment and term.

Sec 767. The supreme coui-t may, by an order entered upon the minutes,
appoint a reporter of its decisions, to hold office at its pleasure.

768. Affidavit to he made by app)ointee before order is entered.

Sec. 768. After the order is made, and before it is entered on the minutes,
the person named therein must take and file with the clerk an affida\'it as
follows :

"I do swear that I have neither solicited nor procured any other person to
advise, suggest, counsel or solicit my appointment to the position of reporter of
the decisions of this court."

769. Phonographic reporter, appointment and term.

Sec. 769. The sujjreme court may also, in like manner, appoint a phonographic
reporter for the court, to hold office at its pleasure.

770. Duties of phonographic reporter.

Sec. 770. It is the duty of the phonographic reijorter to attend upon the court
during its sessions, and to:

1. Note the points made by counsel in oral arguments;

2. To take down all opinions of the court delivered orally;

3. Write out his notes in longhand, ujDon the order of the court, and deliver
such writing to the reporter of the decisions of the court;

4. Perform such other duties as may be imposed upon him by the court or a
justice thereof.

771. General duties of reporter of decisions.

Sec 771. The rej)orter of the decisions of the supreme court must prej)are a
report of such cases decided as he may by the court be directed to report.

772. Reports from p)honographic notes.

Sec 772. He must, from the notes delivered to him by the phonographic
reporter, prej^are a report of each of the cases included therein, and after pre-
paring such report, must submit it to the court for correction and approval.

773. Reports, what to include.

Sec 773. Each report must be made in manner and form as the court may
direct.

774. Justices must supervise i^ublication.

Sec 774. The reports must be published under the supervision of the court,
and to that end each of the justices must be furnished by the reporter with proof
sheets of each volume thirty days before its final publication.

775. Proof sheets.

Sec 775. AVithin thirty days after such proof sheets are furnished, the justices
may return them to the reporter with corrections or alterations, and he must
make the corrections or alterations accordingly.

776. Original papers.

Sec 776. The reporter may take the original opinions and papers in each case

(a) The original section had the word " clerk " instead ot " clerks " and did not have the last sentence.

165

776-781 POLITICAL CODE.

from the clerk's office, and retain them iu his possession not exceeding sixty
days.

777. Style of reports.

Sec. 777. The reports must be published iu -vN-ell-bound volumes, and must
be printed on good book paper, in small pica, leaded, and brevier, equal in
quality of paper and binding to volumes thirty-three to thirty-nine, inclusive,
of California Re})orts. [Amendment, approved March 24, 1874; Amendments
1873-4, G8; took effect from passage; repealed conflicting acts.^''^

778. To he p»?;Zis7ta/ hij contract.

Sec. 778. The reporter shall have no pecuniary interest in the volumes of
reports, but they must be published under the supervision of the court and
reporter, by contract, to be entered into by the reporter, secretar}' of state, and
attorney-general, with the person or persons who shall agree to piiblish and
sell the said reports, for a period of ten years, on the terms most advantageous
to the state and the public, and at a rate not to exceed four dollars per volume
of seven hundred pages, [Aiyiendment, app)roved March 24, 1874; Amendments
1873-4, 68; took effect from passage; repealed conflicting acts.^^^

[Sees. 779 and 780, as originally enacted, ^"^ were repealed b}^ act of March
24, 1874, and the following new sections substituted in their place:]

779. Advertising for j^roposals.

Sec 779. Before entering into said contract, it shall be the duty of the secre-
tary of state to advertise for proposals for the publication of said repoi^ts, for
thirty days, in one daily paper in Sacramento, and one daily paper in San
Francisco. It shall be the duty of said reporter, secretary of state, and attor-
ney-general, to consider all proposals for the publication of said reports which
may be made to them, and to award the contract to the person or persons who
ma}^ agree to publish and sell the same on the terms most advantageous to the
state and public. [New (substituted) section, app)roved March 24, 1874; Amend-
ments 1873-4, 69; took effect from jpassage; repealed conflicting acts.

780. Contract, ivhat to require.

Sec 780. The contract must require the publisher to print and publish each
volume in the style required by section seven hundred and seventy-seven,
within sixty days from the time at which the manuscrijDt is delivered by the
repoiier, to sell three hundred copies to the state at the j^rice fixed in the con-
tract, and to keep on hand and for sale, at the price stipulated in the contract,
a sufficient number of copies of each volume to supply all demands for six
years from the publication thereof, and to give bonds for the fulfillment of the
terms of the contract, in the sum of ten thousand dollars. [New (substitided)
section, approved March 24, 1873-4; Amendments 1873-4,69; took effect from
passage; repealed conflicting acts.

781. Secretary of state to purchase volumes for use of state.

Sec 781. On the publication of each volume of reports, the secretary of state
must purchase, for the use of the state, three hundred copies of said volume at

(a) Original Bection: paper, in long primer leaded, except the title-page, the

S>;c. 777. The reports must be published in well- table of cases, the synopsis, and index. The reporter

bound volumes, and must be printed on good book must copyright each volume of the reports in his own

paper, iu long primer leaded, except the title-page, the name; but such coijyright shall be the propez-ty of the

taVjle of cases, the syTioi)sis, and index. state.

Tlie section was amended by act of March 30, 1874 (h) Original section:

(.\m(ndments lH7:i-l, 12) so as to read as below; but Sec. 778. An edition of twelve hundred copies of

by ojieration of section 117 of the amendatory act of each volume must be jiublished.

March :iO. 1H74 (se<' Amendments 187:}-4, (30; post 44.57) (c) Original sections:

the amendment of March 24, lh74 (given in the text) Sec. 77'.». The printing and binding must be done by

sup'-rsedcd botli the original section and the following the state printer,

amendment of March :iO, 1874: Skc. 780. The reporter must, as soon as it is piib-

Sk.c. 777. The reports jnufX be published In well- lished, deliver to the secretary of state the whole of

bound volumes, and must be i)rinted on good book the edition.

166

PUBLIC OFFICERS.

781-791

the piice named in the contract, not exceeding four dollars per volume, and
after having distributed the same, as required by section four hundred and ten,
shall deposit the surplus copies, if any there be, in the state library. [Amend-
ment, approved March 24, 1874; Amendments 1873-4, 70; took effect from ptcii^^cige ;
repealed covjlicting acta}"''

782. Duty of secretary of state, when the proposals are received.

Sec. 782. If, after advertising as required by section seven hundred and
seventy-nine, no proposals are received by the secretary of state agreeing to
print, publish, and sell said volumes at a price not exceeding four dollars per
volume, then the state printer must print and bind twelve hundred copies of
each volume, and deliver to the secretary of state all the copies printed by him;
and the secretary of state must keep the copies of the edition not distrilmted
under the provisions of section four hundred and ten on sale at four dollars per
volume, at retail, and at such wholesale price as may be fixed by the governor,
controller, and secretary of state, and must, at the end of each month, pay into
the state treasury the proceeds of all sales made by him. This act shall not
apjily to any volume of reports, the j^rinting of which may have been com-
menced by the state printer at the time the contract herein provided for is
made. [New section, approved March 24, 1874; Amendments 1873-4, 70; took
effect from passage ; rejjealed conflicting acts.

ARTICLE III.

NOTARIES PUBLIC.

791. Number of notaries.

Sec. 791. The governor must appoint and commission notaries public as
follows :

For the county of San Francisco, twenty-two;

For the counties of Alameda, Sacramento, San Joaquin, Santa Clara, Amador,
Butte, Calaveras, Contra Costa, El Dorado, Los Angeles, Monterey, Nevada,
Placer, Santa Cruz, Solano, Sonoma, Tuolumne, Yolo, and Yuba, twenty each;
for each of the other counties, fifteen. [Amendment, approved March 30, 1874;
Amendments 1873-4, 13; took effect July 6, 1874.^^^

Additional notaries in Fresno, Tulare and Humboldt counties.
An Act to provide for the appointment of additional notaries public in the counties of

Fresno, Tulare and Humboldt.

Approved January 9, 1874; 1873-4, 20.

Section 1. The governor shall have the power and is hereby authorized to

(a) Original Bection:

Sec. 781. The secretary of state must keep on sale,
at four dollars jjer volume, the copies of the edition
not distributed under the provisions of section 410,
and must, at the end of each month, pay into the
state treasury the proceeds of all sales made by him.

The section was amended by act of March 30, 1874
(Amendments 1873^, 13), so as to read like the origi-
nal section with the exception of the words " three
dollars" instead of " four dollars:" but by operation of
section 117 of the amendatory act of March 30, 1874
(see Amendments 1873-4, 60; post 4457), the amend-
ment of March 24, 1874 (given in the text) superseded
both the original section and the amendment of March
30, 1874.

(6) Original section:

Sec. 791. The governor of the state must ajopoint and
commission notaries public as follows: For the coun-
ties of Alameda and Sacramento, twelve each; for the
counties of Amador, Contra Costa, Mariposa, Mon-
terey, Napa, San Diego, and Stanislaus, eight each;
for the counties of Alpine, Colusa, Del Norte, Fresno,
Humboldt, Inyo, Klamath, Lake, Lassen, Mono, Plu-
mas, San Bernardino, San Luis Obispo, San Mateo,
Santa Barbara, Santa Cruz, Shasta, Sutter, Tehama,
Trinity, Tulare, and Yolo, five each; for the counties
of Butte, Calaveras, El Dorado, Sierra, and Tuolumne,
thirteen each; for the counties of Kern, Marin, and
Merced, seven each; for the county of Los Angeles,
nine— one to reside on Santa Catalina Island ; for the

eounties of Mendocino, Placer, and Yuba, ten each;
for the county of Nevada, eighteen; for the county of
San Francisco, twenty-one; for the covmties of Sun
Joaquin and Siskiyou, fifteen each; for the countj- of
Santa Clara, eight — two to reside in Santa Clara To\vu-
ship, and one in Gilroy Township; for the county of
Solano, nine; for the county of Sonoma, nine— one to
reside in Healdsburg.

The number of notaries piiblic provided for by the
original section just given was increased by special
acts in 1872, as follows:

County.

Butte

Contra Costa . . .

Humboldt

Monterey

Plumas

Placer

Sacramento

San Diego

San Francisco . .

Sonoma

Solano

Ventura

Two.

Three.

Two.

One.

Two.

Four.

Three.

One.

Two.

Five.

Date of Act.

-Tan. 26, 1872...
Feb. 1, 1872 ...
Feb. 20, 1872 .
March 30, 1872
March 8, 1872..
Jan. 20, 1872...
April 1, 1872...
March 4, 1872.,
March 1, 1872. .
Feb. 13,1872...
Jan. 18, 1872...
March 22, 1872

1871-2,
1871-2,
1871-
1871-2,
1871-2,
1871-
1871-2,
18T1-2, 238
1871-2, 184
1871-2, 95
1871-2, 24
1871-2, 489

46
159
792
3r4

881

1G7

791 POLITICAL CODE.

appoint and commission four notaries public in each of tlie counties of Fresno,
Tulare and Humboldt, in addition to the number now authorized by law to be
appointed in said counties, who shall hold their offices for the pei-iod of two
years and until their sviccessors shall have been appointed and qualified.
Sec. 2. This act shall take effect from and after its passage.

Additional notaries in Santa Clara, Napa, Santa Barbara, San Luis Obispo and
Sonoma counties.
An Act to proYido for the appoiutment of additional notaries public in some of the counties

of this state.

Approved January 19, 1874; 1873-4, 30.

Section 1. The governor is hereby authorized to appoint and commission
notaries public in the following counties, in addition to those now authorized by
law : In the county of Santa Clara eight, one of whom shall have his place of busi-
ness at Mayfield, one at San Felipe, one at Milpitas, one at Saratoga, and one at
Gilroy township, and one at Mountain View. In the county of Napa, one to
reside at Yountville. In the counties of Santa Barbara and San Luis Obispo,
three each. In the county of Sonoma two, one to reside at Pine Flat.

Sec 2. This act shall take effect immediately.

Notaries in San Benito county.

An Act to create the county of San Benito, to establish the boundaries thereof, and to pro-
vide for its organization.

Approved February 12, 1874; 1873-4, 95.

Sec 14. San Benito county shall be entitled to five notaries public, as i^ro-
vided by law.

Additional notaries in Stanislaus county.
An Act to add five notaries public in Stanislaus county.

Approved February 17, 1874; 1873-4, 108.

Section 1. That in addition to the notaries public now provided for by law,
the governor shall appoint five additional notaries public for the county of
Stanislaus.

Sec 2. This act shall take effect from and after its passage.

Notaries in Modoc county.
An Act to create the county of Modoc, to establish the boundaries thereof, and to jn-ovide

for its organization.

Approved February 17, 1874; 1873-4, 124.

Sec 15. Modoc county shall be entitled to five notaries public, as provided
by law.

Additional notary in San Francisco city and county.

An Act to provide for the appointment of an additional notary pulilic for the city and county

of San Francisco, for the accommodation of the inhabitants of said city and county residing

south of Market street.

Approved February 20, 1874; 1873-4, 139.

Section 1. The governor is authorized to appoint and commission one addi-
tional notaiy public for the city and county of San Francisco, who, when duly
qualified under and according to the laws of the state governing notaries public,
shall be invested with all the official powers and qualifications, and subject to
all the duties and liabilities of other notaries public lawfully appointed, com-
missioned and qualilied for said city and county.

Sec 2. Said notary public shall keep an office for the transaction of business
in that portion of the city and county of San Francisco south of Market street.

Sec 3. This act shall take effect and be in force from and after its passage.

168

PUBLIC OFFICEKS. 791-795

Additional notary for Los Angeles county.

Au Act to provide for the appointment of an additional notary public for the county of Los

Anceles.

Approved March 10, 1874; 1873-4, 327.

Section 1. For the county of Los Angeles, an additional notary public shall
be aj)pointed by the governor, to reside at Anaheim, who shall hold office for
the term of two years, and until his successor is aj)pointed and qualified.

Sec. 2. This act shall take efl'ect and be in force on and after its passage.

Additional notaries in Inyo county.
An Act to provide additional notaries public in the county of Inyo.
Approved March 24, 1874; 1873-4, 574.

Section 1. The governor is hereby authorized to appoint two additional nota-
ries public in and for the county of Inyo; and said notaries, when appointed,
shall hold office under and by virtue of all the laws now or hereafter jDertaining
to said officers.

Sec. 2. This act shall take effect from and after its passage.

792. Best7'ictions as to residence.

Sec. 792. Every person appointed as notary public must at the time of his
appointment be an elector of the county for which he is appointed, and must
continue to reside in such county.

793. Ter7n of office.

Sec. 793. The tenn of office of a notary public is two years from and after
the date of his commission.

794. General duties of.

Sec. 794. It is the duty of notaries public :

1. When requested, to demand accej^tance and payment of foreign, domestic,
and inland bills of exchange, or promissory notes, and protest the same for
non-accei)tance and non-payment, and to exercise such other powers and duties
as by the law of nations and according to commercial usages, or by the laws of
any other state, government, or country, may be performed by notaries;

2. To take the acknowledgment or proof of powers of attorney, mortgages,
deeds, grants, transfers, and other instruments of writing executed by any per-
son, and to give a certificate of such proof or acknowledgment, indorsed on or
attached to the instrument;

3. To take depositions and affidavits, and administer oaths and affirmations,
in all matters incident to the duties of the office, or to be used before any court,
judge, officer, or board in this state;

4. To keejD a record of all official acts done by them;

5. To keep a record of the parties to, date, and character of every instrument
acknowledged or proved before them;

6. "When requested, and upon payment of their fees therefor, to make and
give a certified copy of any record in their office ;

7. To provide and keep official seals, upon which must be engraved the arms
of this state, the words " notary public," and the name of the county for which
they are commissioned;

8. To authenticate with their official seals all official acts.

795. Protest prima facie evidence of facts stated.

Sec. 795. The protest of a notary, under his hand and official seal, of a bill of
exchange, or promissory note, for non-acceptance, or non-payment, stating the
presentment for acceptance or j^ayment, and the non-accei)tance or non-jDay-
meut thereof, the service of notice on any or all of the parties to such bill of

169

795-811 POLITICAL CODE.

excliang-e or promissory note, and specif3'ing tlie mode of giving sucli notice,
and the reputed place of residence of the party to such bill of exchange or
promissory note and of the party to whom the same was given, and the post-
office nearest thereto, is prima facie evidence of the facts contained therein.
[Amendment, approved March 30, 1874; Amendments 1873—4, 13; took effect July
6, 1874.(''>

796. Ficcords of, on death or resignation.

Sec. 796. If any notary die, resign, is disqualified, removed from office, or
removes from the county for which he is appointed, his records and all his
public papers must, within thirty days, be delivered to the clerk of the county,
who must deliver them to the notary's successor, when qualified.

797. Certified cojnes of records of a jyredecessor.

Sec. 797. Every notary having in his possession the records and papers of
his predecessor in office, may grant certificates or give certified copies of such
records and papers, in like manner and with the same effect as such predecessor
could have done.

798. Fees.

Sec. 798. The fees of notaries are as follows: For drawing and copying every
protest for the non-payment of a promissory note, or for the non-payment or
non-acceptance of a bill of exchange, draft, or check, two dollars. For draw-
ing and serving eveiy notice of non-payment of a promissory note, or of the
non-payment or non-acceptance of a bill of exchange, order, draft, or check,
one dollar. For recording every protest, one dollar. For drawing an affidavit,
deposition, or other paper, for which provision is not herein made, for each
folio, thirty cents. For taking an acknowledgment, or proof of a deed, or
other instrument, to include the seal and the writing of the certificate, for the
first two signatures, one dollar each, and for each additional signature, fifty
cents. For administering an oath or affirmation, fifty cents. For every cer-
tificate, to include writing the same and the seal, one dollar. [Amendmerif,
approved 31arch 16, 1874; Amendments 1873-4, 71; took effect from passage, '^^^

799. Official bond.

Sec 799. Each notary must execute an official bond in the sum of five thou-
sand dollars, which bond must be apj^roved by the county judge of his county,
and filed and recorded as other official bonds of county officers.

800. Certificate of filing bond and oath.

Sec 800. Each notary, as soon as he has taken his official oath and filed his
official bond, must transmit a certificate of the facts, under the hand and seal
of the county clerk, to the office of the secretary of state.

801. Liabilities on official bond.

Sec. 801. For the official misconduct or neglect of a notary public, he and
the sureties on his official bond are liable to the parties injured thereby for all
the damages sustained.

ARTICLE IV.

COMMISSIONERS OF DEEDS.

811. Governor to appoint.

Sec. 811. The governor may appoint in each state of the United States, or in
any foreign state, one or more commissioners of deeds, to hold office for the
term of four years from and after the date of their commission.

(a) The original section used the word " iiriumry " vided for, twenty centB for each folio was allowed, and

instead of " prima facie." for an acknowlcdf^inent or proof of a deed or other

(h) The original section provided for only one lialf inKtrumcnt fifty cents for the first signature indud-

the amount of fees allowed by the amcudment, except iii'-,' stal aud certificate and twenty-five cents for each

that for drawng papers not otherwise specially pro- additional signature.

170

PUBLIC OFFICERS. 812-831

812. General duties of.

Sec. 812. Every commissioner of deeds lias power within the state for which
he is ai)j)ointed:

1. To administer and certify oaths;

2. To take and certify depositions and affidavits;

3. To take and certify the acknowledgment or proof of 2)owers of attorney,
mortgages, transfers, grants, deeds, or other instruments for record;

4. To provide and keep an official seal, upon which must be engraved the
arms of this state, the words "Commissioner of Deeds for the State of Cali-
fornia," and the name of the state for which he is commissioned;

5. To authenticate, with his official seal, all his official acts.

813. Effect of acts done by commissioners.

Sec. 813. All oaths administered, depositions and affidavits taken, and all
acknowledgments and proofs certified by commissioners of deeds, have the same
force and effect, to all intents and jDurposes, as if done and certified in this
state by any officer authorized by law to perform such acts.

814. Oath, ivhen to be fled.

Sec. 814. The official oaths of commissioners of deeds must be filed in the
office of the secretary of state within six months aftei> they are taken.

815. Fees.

Sec 815, The fees of commissioners of deeds are the same as those pre-
scribed for notaries public.

816. List of commissioners to be published.

Sec. 816. The names of all persons appointed commissioners must be pub-
lished three times in some weekly newspaper published at the seat of govern-
ment of the state.

817. Copy of this article to be transmitted to appointee.

Sec. 817, The secretary of state must transmit, with the commission to the
aj)pointee, a certified copy of this article, and of secbion 798,

ARTICLE V.

OTHER ornoEKS.

827. Court commissioners.

Sec 827. The mode of appointment, powers, and duties of court commis-
sioners are fixed by Chapter II, Title III, Part I of The Code of Civn. Proceduee.
[See post, 10,258.]

828. Secretary and bailiff of the snpreme court.

Sec 828. The mode of appointment, powers, and duties of the secretary and
bailiff of the supreme court are fixed by Chapter II, Title TV, Part I of The
Code of Civil Procedure. [See post, 10,265.]

829. Phonographic reporters.

Sec. 829. The mode of appointment, powers, and duties of phonographic
reporters are fixed by Chapter III, Title IV, Part I of The Code of Civil Pro-
cedure, and sections 769 and 770 of this Code. [See post, 10,269.]

830 . Clerks, sheriffs, coroners, and other county officers, etc.

Sec. 830. The mode of election of clerks, sheriffs, coroners, and other county
and townshij) officers is fixed by Part IV of this Code. [See post, 3901.]

831. Attorneys and counselors at law.

Sec 831. The admission of attorneys and counselors at law is provided for
and their duties fixed in Chapter I, Title V, Part I of The Code of Civil Pro-
cedure. [See post, 10,275.]

171

841-853 POLITICAL CODE.

CHAPTER VII.

GENERAL PROVISIONS RELATING TO DIFFERENT CLASSES OF OFFICERS.

AeTICLE I. DlSQUALIPICATIONS 841

II. Restrictions upon the Kesidence of Officers 852

III. Powers of Deputies 865

IV. Appointment and Ddeation of Term 875

V. Nominations and Commissions 889

VI. Oath of Office 904

VII. Prohibitions Applicable to Certain Officers 920

VIII. Salaries, wuen Title is Contested 936

IX. Bonds of Officers 947

X. Resignations, Vacancies, and the Mode of Supplying them 995

XI. Proceedings to Compel Delivery of Books and Papers 1014

XII. Miscellaneous Provisions 1026

ARTICLE I.

DISQUALIFICATIONS.

841. Age and citizenship.

Sec. 841. No person is capable of holding a civil office who at the time of his
election or appointment is not of the age of twenty-one years and a citizen of
this state.

An Act to make womeu eligible to educational offices .

Approved March 12, 1874; 1873-4, 356.

Women eligible.

Section 1. Women, over the age of twenty-one years, who are citizens of the
United States and of this state, shall be eligible to all educational offices within
the state, except those from which they are excluded by the constitution.

Sec 2. All acts and parts of acts in conflict with this act are hereby repealed.
This act shall take effect from and after its passage.

842. Other disqualifications.

Sec 842. Provisions respecting disqualification for particular offices are
contained in the constitution and in the provisions of the codes concerning the
various offices.

843. County officer not to act as deputy of another officer.

Sec 843, No county officer must be appointed or act as the deputy of another
officer of the same county, except in cases where the joay of the officer so ap-
pointed amounts to a sum less than seventy -five dollars per month. [Amend-
ment, approved March 15, 1876; Amendments 1875-6, 28; took effect from passage. '^'^^

AETICLE II.

KESTEICTIONS UPON THE KESIDENCE OF OFFICERS.

852. Certain officers must reside in Sacramento.

Sec. 852. The following officers must reside at and keep their offices in the
city of Sacramento: The governor; secretary of state; controller; treasurer of
state; attorney -general; suits' eyor-general; state printer; suiDerinteudent of
public instruction; justices of the supreme court; clerk of the supreme court;
reporters of the supreme court; and adjutant-general.

853. Absence from the stale.

Sec. 853. No officer mentioned in the preceding section must absent himself

(a) The original was a new section added hy act of 6,1874. It did not have the last clause commencing
March 30, 1874 jAmeudmentB 1873-4, 14; took effect July with the words "except in cases where."

172

PUBLIC OFFICEES. 853-891

from the state for more tlian thirty days, unless upon business of the state or
with the consent of the legislature.

854. Restrictions upon judicial officers.

Sec. 854. Restrictions upon the residence of other judicial officers are con-
tained in The Code or Civil Pkoceduke.

855. Restrictions xipon county officers.

Sec. 855. Restrictions upon the residence of county officers are contained in
Part IV of this Code. [See post, 4101 and 4119.]

ARTICLE III.

POWERS OF DEPUTIES,

865. Powers of deputies.

Sec. 865. In all cases not otherwise provided for, each deputy possesses the
powers and may perform the duties attached by law to the office of his principal.

ARTICLE IV.

APPOINTMENT AND DURATION OF TERMS.

875. Appointments, when not otherwise provided for .

Sec. 875. Every officer, the mode of whose appointment is not prescribed by
the constitution or statutes, must be appointed by the governor.

876. Deputies and subordinate officers.

Sec. 876. All assistants, deputies and other subordinate officers, whose ap-
pointments are not otherwise provided for, must be appointed by the officer or
body to whom they are respectively subordinate.

877. Number of deputies.

Sec. 877. When the number of such deputies or subordinate officers is not
fixed by law, it is limited only by the discretion of the appointing power.

878. Term of office, when not prescribed.

Sec. 878. Every office of which the duration is not fixed by law is held at the
pleasure of the appointing power.

879. Holding over until successor is qualified.

Sec. 879. Every officer must continue to discharge the duties of his office,
although his term has expired, until his successor has qualified.

ARTICLE V.

NOMINATIONS AND COMMISSIONS OF OFFICERS.

889. Nominations to senate must be in writing.

Sec. 889. Nominations made by the governor to the senate must be in writing,
designating the residence of the nominee and the office for which he is nom-
inated.

890. Resolution of concurrence.

Sec. 890. Whenever the senate concurs in a nomination, its secretary must
immediately deliver a copy of the resolution of concurrence, certified by the
president and secretary, to the secretary of state, and another copy, certified by
the secretary, to the governor.

891. Commissions by the governor.

Sec. 891. The governor must commissions

1. All officers elected by the people whose commissions are not otherwise
provided for;

173

891-909 POLITICAL CODE.

2. All officers elected b}- the legislature;

3. All officers of the militia;

4. All officers appointed by the governor, or by the governor -uith the advice
and consent of the senate;

5. United States senators.

892. Form of commissions.

Sec. 892. The commissions of all officers commissioned by the governor must
be issued in the name of the people of this state, and must be signed by the
governor and attested by the secretary of state, under the great seal.

893. Other commissions.

Sec. 893. The commissions of all other officers, where no special provision is
made by law, must be signed by the j^residing officer of the body or by the
person making the appointment.

894. Appointment of deputies, etc., hoiv made.

Sec. 894. The appointment of deputies, clerks, and subordinate officers,
when not otherwise provided for, must be made in writing, filed in the office
of the appointing power or the office of its clerk.

AKTICLE VI.

OATH OF OFFICE.

904. Oath, form of.

Sec 904. Before any officer enters on the dvities of his office, he must take
and subscribe the following oath:

" I do swear [or affirm] that I will support the constitution of the United
States and the constitution of the State of California, and that I will faithfully
discharge the duties of the office of according to the best of my ability."

905. Oath of governor and lieutenant-governor.

Sec. 905. The governor and lieutenant-governor must take the official oath in
the presence of both houses of the legislature, in convention assembled, and an
entry of the fact must be made upon the joiirnals of each house.

906. Oath of members of the legislature.

Sec 906. Members of the legislature may take the oath of office at any time
during the terra for which they were elected.

907. Oath, when taken.

Sec 907. Whenever a different time is not prescribed by law, the oath of office
must be taken, subscribed and filed within ten days after the officer has notice
of his election or appointment, or before the expiration of fifteen days from the
commencement of his term of office, when no such notice has been given.

908. Oath, before ivhom taken.

Sec. 908. Except when otherwise provided, the oath may be taken before any
officer authorized to administer oaths.

909. Oath, where fled.

Sec 909. Every oath of office, certified by the officer before whom the same
was taken, must be filed within the time required by law, except when other-
wise specially directed, as follows:

1. The oath of all officers whose authority is not limited to any particular
county, in the office of the secretary of state.

2. The oath of all officers elected or appointed for any county, and of all
officers whose duties are local, or whose residence in any j^articular county is
prescribed by law, in the offices of the clerks of their respective counties.

174

PUBLIC OFFICEKS. 910-926

910. Oath of deputies, etc.

Sec. 910. Deputies, clerks, and subordinate officers must, within ten days
after receiving notice of their appointment, take and file an oath in the manner
required of their principals.

ARTICLE VII.

PEOHIBITIONS APPLICABLE TO CERTAIN OFFICERS.

920. Certain officers not to he interested in contracts.

Sec 920. Members of the legislature, state, county, city, and township
officers, must not be interested in any contract made by them in their official
capacity, or by any body or board of which they are members,

921. Nor 2Mrchasers or vendors at certain sales.

Sec. 921. State, county, township and city officers must not be purchasers at
any sale nor vendors at any purchase made by them in their official capacity.

922. Contracts in violation, voidable.

Sec 922. Every contract made in violation of any of the provisions of the
two preceding sections may be avoided at the instance of any party except the
officer interested therein.

923. Certain officers prohibited from dealing in scrip, etc.

Sec 923. The state treasurer and controller, the several county, city, or town
officers of this state, their deputies and clerks, are prohibited from purchasing
or selling, or in any manner receiving to their own use or benefit, or to the use
or benefit of any person or persons whatever, any state, county or city warrants,
scrip, orders, demands, claims, or other evidences of indebtedness against the
state, or any county or city thereof, except evidences of indebtedness issued
to or held by them for services rendered as such officer, deputy, or clerk, and
evidences of the funded indebtedness of such state, city, town, or corporation.

924. Auditing officers, duties of.

Sec. 924. Every officer whose duty it is to audit and allow the accounts of
other state, county, city or town officers must, before allowing such accounts,
require each of such officers to make and file with him an affidavit that he has
not violated any of the provisions of this article.

: 925. Treasurer, duties of. "

Sec 925. Officers charged with the disbursement of public moneys must not
pay any warrant or other evidence of indebtedness against the state, county,
city, or town, when the same has been purchased, sold, received, or transferred
contrary to any of the provisions of this article .

926. When settlements must be withheld. '

Sec 926. Every officer charged with the disbursement of public money's,
who is informed by affidavit that any officer whose account is about to be
settled, audited, or paid by him, has violated any of the provisions of this
article, must suspend such settlement or payment, and cause such officer to be
prosecuted for such violation, by the district attorney of the county. In case
there be judgment for the defendant upon such prosecution, the resjiective
officer may proceed to settle, audit or pay such account as if no such affidavit
had been filed. [Amendment, approved llarch 30, 1874; Amendments 1873-4,
14; took effect July 6, 1874.^^'

(a) The original section did not have any of the words of the above amendment after the words "for such
(Violation."

175

93G-955 POLITICAL CODE.

AETICLE VIII.

SALARIES OF OFFICERS WHEN TITLE IS CONTESTED.

936. Title contested, salary must not he paid.

Sec. 936. When the title of the incumbent of an}' office in this state is cou-
tested by proceedings instituted in any court for that purpose, no warrant can
thereafter be drawn or paid for any part of his sahiry until such proceedings
have been finally determined.
837. Pendency of suit must be certified by the cleric.

Sec. 937. As soon as such proceedings are instituted, the clerk of the court
in which they are pending must certify the facts to the officers whose duty it
would otherwise be to draw such warrant or pay such salary.

AETICLE IX.

BONDS OF OFFICERS.

947. Time for filing bond.

Sec 947. Every official bond must be filed in the proper office within the time
prescribed for filing the oath, unless otherwise expressly provided by statute.

948. Approval, filing and recording bonds of state officers.

Sec 948. Unless otherwise prescribed by statute, the official bonds of state
officers must be approved by the governor, and filed and recorded in the office
of the secretary of state.

949. Bond of secretary of state, where filed.

Sec 949. The official bond of the secretary of state must, after it is recorded,
be filed in the office of the treasurer of state.

950. Bonds of county and township officers, approval, filing and recording.

Sec 950. Unless otherwise prescribed by statute, the official bonds of county
and toAvnship officers must be approved by the county judge, recorded in the
office of the county recorder, and then filed in the county clerk's office.

951. Eecord of official bond.

Sec 951. Official bonds must be recorded in a book kept for that purpose,
and entitled " Record of Official Bonds."

952. Approval must be indorsed on bond.

Sec 952. The approval of every official bond must be indorsed thereon and
signed by the officer approving the same.

953. Bond not to be filed before ajyproval.

Sec 953. No officer with whom any official bond is required to be filed must
file such bond until approved.

954. Condition of bond.

Sec 954. The condition of an official bond must be that the principal will
well, truly and faithfully perform all official duties then required of him by law,
and also all such additional duties as may be imposed on him by any law of the
State of California. Such bond must be signed by the principal and at least two
sureties.

955. Justification of sureties.

Sec 955. The officer whose duty it is to approve official bonds required of
state, county, or tow^nship officers, must not accept or approve any such bond,
unless each of the sureties severally justify before an officer authorized to
administer oaths, as follows: First. On a bond given by a state officer, that
such surety is a resident and freeholder or householder within this state; and
on a bond given by a county or township officer, that such surety is a resident

17G

PUBLIC OFFICERS. 955-9G2

and freeholder or householder within such county, or ^vithin an adjoining
county. Second. That such surety is Avorth the amount for \\hieh he becomes
surety, over and above all his debts and liabilities, in unincumbered property,
situated within this state, exclusive of property exempt from execution and
forced sale. Third. A member of the board of supervisors shall not be accepted
as surety upon the official bond of any county or townshiji officer of his county;
nor shall the sheriff, clerk, tax collector, treasurer, recorder, auditor, assessor,
or district attorney of the same county become sureties upon official bonds for
each other. [Amendment, approved March 30, 1874; Amendments 1873-4, 72;
took effect sixtieth day after passage}"''

956. Sureties for less than the penal sum.

Sec. 956. When the penal sum of any bond required to be given amounts to
more than one thousand dollars, the sureties may become severally liable for
portions of not less than five hundred dollars thereof, making in the aggregate
at least two sureties for the whole penal siim. And if any such bond becomes
forfeited, an action may be brought thereon against all or any number of the
obligors, and judgment entered against them, either jointly or severally, as they
may be liable. The judgment must not be entered against a surety severally
bound for a greater sum than that for which he is sjDecifically liable by the
terms of the bond. Each surety is liable to contribution to his co-sureties in
propoi'tion to the amount for which he is liable.

957. Custody of official bonds.

Sec. 957. Every officer with whom official bonds are filed must carefully keep
and preserve the same, and give certified copies thereof to any person demand-
ing the same, upon being paid the same fees as are allowed by law for certified
coj)ies of 2)apers in other cases.

958. Foim of bonds.

Sec. 958. All official bonds must be in form joint and several, and made pay-
able to the State of California in such j^enalty and with such conditions as
required by this chapter, or the law creating or regulating the duties of the
office,

959. Construction of bonds.

Sec 959. Every official bond executed by any officer pursuant to law is in
force and obligatory uj^on the principal and sureties therein for any and all
breaches of the conditions thereof committed during the time such officer
continues to discharge any of the duties of or hold the office, and whether such
breaches are committed or suffered by the principal officer, his deputy, or clerk.

960. Obligation as to duties required by new acts.

Sec. 960. Every such bond is in force and obligatory upon the principal and
sureties therein for the faithful discharge of all duties which may be required
of such officer by any law enacted subsequently to the execution of such bond,
and such condition must be expressed therein.

961. Suit on bonds.

Sec. 961. Every official bond executed by any officer pursuant to law is in
force and obligatory upon the principal and sureties therein to and for the State
of California, and to and for the use and benefit of all persons who may be
injured or aggrieved by the wrongful act or default of such officer in his official
capacity; and any person so injured or aggrieved may bring suit on such bond,
in his own name, without an assignment thereof.

962. Subsequent suits.

Sec 962. No such bond is void on the first recovery of a judgment thereon;

(o) Tlie original section did not contain the third subdivision.

12 177

962-968 POLITICAL CODE.

but suit may be afterwards brought, from time to time, and judgment recov-
ered thereon by the State of California, or by any person to whom a right of
action has accrued against such officer and his sureties, until the whole penalty
of the bond is exhausted.

963. Defects in form, approval, filing, etc., not to vitiate.

Sec. 963. ^'henever an official bond does not contain the substantial matter
or conditions required by law, or there are any defects in the approval or filing
thereof, it is not void so as to discharge such officer and his sureties; but they
are equitably bound to the state or party interested; and the state or such party
may, by action in any court of competent jurisdiction, suggest the defect in
the bond, approval, or filing, and recover the projier and equitable demand or
damages from such officer and the persons who intended to become and were
included as sureties in such bond.

964. Insufficiency of sureties.

Sec 964. Whenever it is shown by the affidavit of a credible witness, or
otherwise comes to the knowledge of the judge, court, board, officer, or other
person whose dut}' it is to approve the official bond of any officer, that the
sureties or any one of them have, since such bond was approved, died, removed
from the state, become insolvent, or from any other cause have become incom-
petent or insufficient sureties on such bond, the judge, court, board, officer, or
other person may issue a citation to such officer, requiring him, on a day therein
named, not less than three nor more than ten days after date, to appear and
show cause why such office should not be vacated, which citation must be
served and return thereof made as in other cases. If the officer fails to appear
and show good cause why such office should not be vacated, on the day named,
or fails to give ample additional security, the judge, court, board, officer, or
other person must make an order vacating the office, and the same must be
filled as provided by law.

965. Form of additional bond.

Sec. 965. The additional bond must be in such j^enalty as directed by the
court, judge, board, officer, or other person, and in all other respects similar
to the original bond, and approved by and filed with the same officer as required
in case of the approval and filing of the original bond. Every such additional
bond so filed and approved is of like force and obligation uj^on the principal
and sureties therein, from the time of its execution, and subjects the officer and
his sureties to the same liabilities, suits and actions as are prescribed respectiug
the original bonds of officers.

966. Force of orvjinal bond.

Sec 966. In no case is the original bond discharged or affected when an
additional bond has been given, but the same remains of like force and obliga-
tion as if such additional bond had not been given.

967. Liability of officers and sureties.

Sec. 967. The officer and his sureties are liable to any party injured by the
breach of any condition of an official bond, after the execution of the addi-
tional bond, upon either or both bonds, and such party may bring his action
upon either bond, or he may bring separate actions on the bonds resj^ectively,
and he may allege the same cause of action, and recover judgment therefor in
each suit.

968. Separate judgments on Jxjnds.

Sec. 968. If separate judgments are recovered on the bonds by such party
for the same cause of action, he is entitled to have execution issued on such
judgments respectively; but he must oidy collect, by execution or otherwise,

178

PUBLIC OFFICEKS. 968-976

the amount actually adjudged to him on the same causes of action in one of
the suits, together with the costs of both suits.

969. ContrihuHon behceen sureties.

Sec. 969. Whenever the sureties on either bond have been compelled to pay-
any sum of money on account of the prinei})al obligor therein, tliey are entitled
to recover in any court of competent jurisdiction of the sureties on the remain-
ing bond a distributive part of the sum thus paid, in the proportion which the
penalties of such bonds bear one to the other and to the sums thus paid,
res2:)ectively.

970. Discharge of sureties.

Sec 970. Whenever any sureties on the official bond of any officer wish to
be discharged from their liability, they and such officer may procure the same
to be done if such officer will execute a new bond with sufficient sureties in like
form, penalty, and conditions, and to be approved and filed as the original
bond. Uj)on the filing and approval of the new bond such first sureties are
exonerated from all further liability; but their bond remains in full force as to
all liabilities incurred previous to the approval of such new bond. The liability
of the sureties in such new bond is in all respects the same, and may be en-
forced in like manner as the liability of the sureties in the original bond.

971. Persons appointed to fill vacancies, bonds of.

Sec. 971. Any person appointed to fill a vacancy, before entering upon the
duties of the office must give a bond corresponding in substance and form with
the bond required of the officer originally elected or appointed, as hereinbefore
Ijrovided.

972. Release of sureties.

Sec 972. Any surety on the official bond of a city, town, county, or state
officer, may be relieved from liabilities thereon afterwards accruing by comj^ly-
ing with the provisions of the three sections following.

973. Statement for release.

Sec 973. Such surety must file with the judge, court, board, officer, or other
person authorized by law to approve such official bond, a statement in writing-
setting forth the desire of the surety to be relieved from all liabilities thereon
afterwards arising, and the reasons therefor, which statement must be sub-
scribed and verified by the affidavit of the party filing the same.

974. Service.

Sec 974. A copy of the statement must be served on the officer named in
such official bond, and due return or affidavit of service made thereon as in
other cases.

975. When office may be declared vacant for xoant of official bond.

Sec 975. In ten days after the service of such notice, the judge, court,
board, officer, or other person with whom the same is filed, must make an order
declaring such office vacant, and releasing such surety from all liability there-
after to arise on such official bond, and such office thereafter is in law vacant,
and must be immediately filled by election or appointment, as jirovided for by
law as in other cases of vacancy of such office, unless such officer has before
that time given good and amj)le surety for the discharge of all his official duties
as required originally.

976. Supplemental bond.

Sec. 976. Whenever from any cause a suretj' on the official bond of any officer
elected or appointed under the laws of this state withdraws from his bond or
becomes insolvent, or from other cause becomes incomi^etent to remain as

179

97G-983 POLITICAL CODE.

surety thereon, such officer may file a supplemental bond, executed aud
approved in the same manner as the original bond, for the amount for which
the suret}' so withdrawing or incompetent was bound by the original bond.

977. ED'ect of release on bond.

Sec. 977. The release, discharge, voluntary' withdrawal, or incompetency of
a surety on any official bond does not affect the bond as to the remaining sure-
ties thereon, or alter or change their liability in any respect.

978. Supplemental bond after withdrawal.

Sec. 978. "Whenever a surety on- any official bond gives notice of intention to
withdraw therefrom, or is removed, or becomes otherwise incompetent, the prin-
cipal on the bond must, within ten days after such notice or disqualification,
execute and file, subject to the same conditions as the original, a supjjlemental
bond, wherein must be recited the names of the remaining original sureties, and
the name or names of the new surety or sureties and the respective amounts for
which he or they become bound, who are substituted in lieu of the surety or
sureties released or disc[ualified.

979. When supplemental bond not required.

Sec. 979. Whenever the original bond is given for an amount in excess of the
sum required by law, if the withdrawal or removal of any surety does not I'e-
duce the bond below the amount required by law to be secured by sureties, then
no supiDlemental or additional bond is rec[uired or necessary; and whenever any
supplemental bond is so filed and approved, the officer with whom the bond is
filed, or in whose office the same is recorded, must give ten days' notice — by
publication in some paper published in the county, or if there is no paper in the
county, then in the county nearest thereto in which a newspaper is published,
and in case of the bond of a state officer, in some paper at the city of Sacra-
mento— of the fact of the filing of the bond and the name of the party with-
drawing from the former and the substitute on the new bond; and until the
filing and approval of the supplemental bond the sureties on the former bond
are liable for all the acts of their principal.

9S0. Effect of discharfje of sureties.

Sec. 980. No surety must be released from damages or liabilities for acts, omis-
sions, or causes existing or which arose before the making of the order men-
tioned in section 975, but such legal proceedings may be had therefor in all
respects as though no such order had been made.

981. Provisions of article apply to bonds of administrator , etc.

Sec. 981. The provisions of this article apply to the bonds of receivers,
executors, administrators, and guardians.

982. Bonds of receivers, assignees, etc.

Sec. 982. All bonds or undertakings given by trustees, receivers, assignees,
or officers of a court in an action or proceeding for the faithful discharge of
their duties, where it is not otherwise provided, must be in the name of and
payable to the State of California; and u})on the order of the court where such
action or proceeding is pending may be prosecuted for the benefit of any and
all persons interested therein.

983. Actions on official bonds — Effect of notice of action.

Sec 983. When an action is commenced in any court in this state for the
benefit of the state, to enforce the penalty of or to recover money upon au
official bond or obligation, or any bond or obligation executed in favor of the
State of California, or of the people of this state, the attorney or other iierson
prosecuting the action may file with the court in which the action is commenced
an affidavit, stating cither positively or on information and belief that such bond

180

PUBLIC OFFICERS. 9S3-99»]

or obligation was executed by the defendant or one or more of the defendants
(designating whom), and made payable to the people of the state, or to the
State of California, and that the defendant or defendants have real estate or
interest in lands (designating the county or counties in which the same is
situated), and that the action is prosecuted for the benefit of the state; and
thereupon the clerk receiving such affidavit must certify to the recorder of the
county in which such real estate is situated the names of the parties to the
action, the name of the court in which the action is pending, and the amount
claimed in the complaint, with the date of the commencement of the suit.

984. Record of notice of action.

Sec; 984. Upon receiving siich certificate the county recorder must indorse
upon it the time of its reception, and such certificate must be filed and recorded
in the same manner as notices of the pendency of an action afi^ecting real estate;
and any judgment recovered in such action is a lien upon all real estate situated
in any county in which such certificate is so filed belonging to the defendant,
or to one or more of such defendants, for the amount that the owner thereof is
or may be liable upon the judgment, from the filing of the certificate; and the
fees due the clerk and recorder for the services required are a charge against the
county where the suit is brought, to be recovered like other costs.

985. Bonds of deputies, clerks, etc.

Sec. 985. Every officer or body appointing a deputy, clerk, or subordinate
officer may require an official bond to be given by the person appointed and
may fix the amount thereof.

986. Official bond of county clerk, loliere filed.

Sec 986. The official bond of the county clerk shall, after being recorded, be
filed in the office of the county treasurer, and the safe keeping of the same is
hereby made the duty of the county treasurer. [New section, approved 3Iarcli 27,
1874; Amendments 1873-4, 73; took effect sixtieth day after passage.

AETICLE X.

RESIGNATIONS, VACANCIES, AND THE MODE OF SUPPLYING THEM.

995. Resignations, to whom made.

Sec 995. Resignations must be in writing, and made as follows:

1. By the governor and lieutenant-governor, to the legislature, if it is in
session; and if not, then to the secretary of state;

2. By all officers commissioned by the governor, to the governor;

3. By senators and members of the assembly, to the presiding officers of their
res}5ective houses, who must immediately transmit the same to the governor;

4. By all county and township officers not commissioned by the governor, to
the clerk of the board of supervisors of their respective counties;

5. By all other apj^ointed officers, to the body or officer that appointed them.
C. In all cases not otherwise provided for, by filing the resignation in the

office of the secretary of state.

996. Vacancies, Jiow they occur.

Sec 996. An office becomes vacant on the happening of either of the follow-
ing events before the expiration of the term :

1. The death of the incumbent;

2. His insanity, found upon a commission of lunacy issued to determine the
fact;

3. His resignation;

4. His removal from office;

181

99G-1003 POLITICAL CODE.

5. His ceasing- to be an inhabitant of the state, or if the o£Eice be local, of the
district, county, city, or township for which he was chosen or appointed, or
within which the duties of his office are required to be discharg'ed;

6. His absence from the state without permission of the legislature beyond
the period allow^ed by law;

7. His ceasing to discharge the duties of his office for the period of three con-
secutive months, except when prevented by sickness, or when absent from the
state by permission of the legislature;

8. His conviction of a felony, or of any offense involving a' violation of his
official duties;

9. His refusal or neglect to file his official oath or bond wdthin the time
prescribed ;

10. The decision of a competent tribunal declaring void his election or
appointment.

997. Notice of removal, by and to ichom given.

Sec. 997. "Whenever an officer is removed, declared insane, or convicted of a
felony or offense involving a violation of his official duty, or whenever his
election or appointment is declared void, the body, judge, or officer before whom
the proceedings were had, must give notice thereof to the officer empowered to
fill the vacancy.

998. Vacancies in legislature, how filled.

Sec. 998. Whenever a vacancy occurs in either house of the legislature the
governor must at once issue a writ of election to fill such vacancy.

999. Vacancies, how filed ivhen not otherioise provided for.

Sec. 999. When any office becomes vacant, and no mode is provided by law
for filling such vacancy, the governor must fill such vacancy by granting a com-
mission, to expire at the end of the next session of the legislature or at the next
election by the people.

1000. Vacancies occurring during session of legislature.

Sec. 1000. Vacancies occurring in office during the recess of the legislature,
the appointment to which is vested in the governor and senate, or in the legis-
lature, must be filled by apj^ointment made by the governor; but the person so
appointed can only hold the office until the adjournment of the next session of
the legislature.

1001. Vacancies in certain state offices, how) filled.

Sec. 1001. A vacancy in the office of either the secretary of state, controller,
treasurer, attorney-general, surveyor-general, or clerk of the supreme coui't,
must be filled by a person appointed by the governor, who shall hold his office
for the balance of the unexpired term. [Amendment, approved April 1, 1876;
Amendments 1875-G, 23; took effect sixtieth day after passage.^"^

1002. Harbor commissioner or stq'yerintendent of public instruction.

Sec. 1002. A vacancy in the office of either the suj)erintendent of public
instruction or state harbor commissioner must be filled by a person appointed
by the governor.

1003. Directors of insane asylum.

Sec. 1003. Any person appointed to fill a vacancy in the board of directors
of the insane asylum holds only for the unexpired term of his predecessor.

(a) Original section: the governor. At the next general election subsequent

Sec. 101)1. A vacancy in the office of either the secre- to the occurrence of the vacancy a successor must be

tary of state, controller, treasurer, attomey-gejieral, elected, who must qualify and enter upon the duties of

fiurveyor-gencral. state printer, clerk of the supreme his office on the first Monday in December next after

court,' or state harbor commissioner, electi-d by tlie his election, and who holds his office for the balance of

state at large, must be filled by a person appointed by the unexpired term.

182

PUBLIC OFFICEES. 1004-1031

1004. Poiver and duty of officers filling unexpired terms.

Sec. 1004. Any person elected or ajDpointed to fill a vacancy, after filing his
official oath and bond, possesses all the rights and powers and is subject to all
the liabilities, duties, and obligations of the officer whose vacancy he fills.

AKTICLE XI.

PROCEEDINGS TO COMPEL THE DELIVERY OF BOOKS AND PAPERS BY OFFICERS TO

THEIR SUCCESSORS.

1014. Possession of books and papers.

Sec 1014. Every public officer is entitled to the possession of all books and
papers pertaining to his office, or in the custody of a former incumbent by
virtue of his office,

1015. Proceedings to compel delivery of.

Sec 1015. If any person, whether a former incumbent or another person,
refuse or neglect to deliver to the actual incumbent any such books or papers,
such actual incumbent may apjoly by petition to any court of record sitting in
the county where the person so refusing or neglecting resides, or to any judge
of the district or county court residing therein, and the court or officer applied
to must proceed in a summary way, after notice to the adverse party, to hear
the allegations and proof of the parties, and to order any such books or papers
to be delivered to the petitioners.

1016. Attachment and ivarrant to enforce.

Sec 1016. The execution of the order and the delivery of the books and
papers may be enforced by attachment as for a witness, and also, at the request
of the petitioner, by a warrant directed to the sheriff or a constable of the county,
commanding him to search for such books and papers, and to take and deliver
them to the petitioner.

AKTICLE XII.

MISCELLANEOUS PROVISIONS.

1026. Seals of executive officers.

Sec 1026. Except where otherwise specially provided by law, the seals of
office of the various executive officers ai'e those in use by such officers at the time
this code takes effect, and each of such officers must at once file a description
and impression of such seal in the office of the secretary of state.

1027. Great seal.

Sec 1027. The great seal of the state is the one in use at the time of the adop-
tion of this code.

1028. Executive and judicial officers may administer oaths.

Sec 1028. Every executive and judicial officer may administer and certify
oaths.

1029. Salaries of officers.

Sec 1029. Unless otherwise provided by law, the salaries of officers must be
paid out of the general fund in the state treasury, monthly, on the last day of
each month.

1030. Office hours.

Sec 1030. Unless otherwise provided by law, everj^ officer must keep his
office open for the transaction of business from ten o'clock a. m. until four
o'clock p. M. each day, excej^t uj)on holidays.

1031. Signature of officers acting ex officio.

Sec. 1031. When an officer discharges ex officio the duties of another office

183

1031-1041 POLITICAL CODE.

than that to which he is elected or ai^poiuted, his official signature and attesta-
tions must be in the name of the office the duties of which he discharges.
1032. Records open to public inspection, except in divorce.

Sec. 1032. The public records and other matters in the office of an}' officer,
are at all times, during office hours, ojien to the inspection of any citizen of this
state. In all actions for divorce, the pleadings, and the testimony taken and
filed in said actions, shall not be by the clerk with whom the same is filed, or
the referee before whom the testimony is taken, made public, nor shall the same
be allowed to be inspected by any person except the parties that may be inter-
ested, or the attorneys to the action, or by an order of the court in which the
action is pending; a copy of said order must be filed with the clerk. In cases
of attachment, the clerk of the court with whom the comjjlaint is filed shall not
make public the fact of the filing of such complaint, or of the issuing of such
attachment, until after the filing of return of service of attachment. {Amend-
ment, approved March 30, 1874; Amendments 1873-4, 14; took effect July 6, 1874.^'^

TITLE 11.

®f (flections.

Chapter I. General Provisions relating to Elections 1041

II. Qualifications and Disabilities of Electors 1083

III. Eegistration of Electors 1094

IV. Election Precincts 1127

V. Boards of Election 1142

VI. Opening and Closing the Polls 1160

VII. Poll Lists 1174

VIII. Election Tickets and Ballots 1185

IX. Voting and Challenges 1224

X. Canvassing and Returning the Vote 1252

XI. Canvass of Eeturns; Declaration of Result; Commissions

AND Certificates of Election 1278

XII. Elections for Electors of President and Vice-President . . 1307

XIII. Elections for Members of Congress 1332

XIV. Primary Elections 1357

CHAPTER I.

GENEBAL PROVISIONS RELATING TO ELECTIONS.

Article I. Time of Holding Elections lOil

II. EiiKCbrioN Pkoclamations 1053

III. Miscellaneous Provisions 1066

ARTICLE I.

time of holding elections.

1041. General election, when to be held.

Sec. 1041. There must be held throughout the state, on the first AVednesday
in September, in the year eighteen hundred and seventy-three, and in every
second year thereafter, and also on the Tuesday next after the first Monday of
November in each bissextile or leaj) ypar, an election to be known as the gen-
eral election.

(a) The original Bection consisted of the first sentence alone.

184

ELECTIONS. 1042-1067

1042. Judicial eleclion, when to he held.

Sec. 1042. There must be held throughout the state, on the third Wednesday
in October, in the year eighteen hundred and seventy-three, and in every second
year thereafter, an election to be known as the judicial election.

1043. Si^ecial elections^ when to he held.

Sec. 1043. Special elections are such as are held to suj^ply vacancies in any
office, and are held at such times as may be designated by the proper board or
officer.

ARTICLE 11.

ELECTION PROCLAMATIONS.

1053. Election proclamations hy governor.

Sec 1053. At least thirty days before each general or judicial election, and
whenever he orders a sj^ecial election, the governor must issue an election
>^jroclamation, under his hand and the great seal of the state, and transmit
copies thereof to the board of supervisors of the counties in which such elec-
tions are to be held.

1054. Governor' s proclamation, what to contain.
Sec. 1054. Such proclamation must contain:

1. A statement of the time of election, and of the offices to be filled;

2. An ofi'er of rewards in the following form: "And I do hereby offer a
reward of one hundred dollars for the arrest and conviction of any and every
person violating any of the provisions of Title IV, Part I, of the Penal Code;
such rewards to be paid until the total amount hereafter expended for the
purpose reaches the sum of ten thousand dollars." [See post, 13,041.]

1055. Supervisors must puhlish proclamation, etc.

Sec. 1055. The board of supervisors, uj)on receipt of such proclamation,
may in their discretion cause a copy of the same to be published in some news-
paper printed in the county (if any), and to be posted at each place of election,
at least ten days before the election, or may cause written or printed notices
of the election to be posted at each election precinct at least ten days before
the election. [Amendment, approved Mai-ch 15, 1876; Amendments 1875-6, 24;
look effect from passage.''^''

1056. Election proclamations hy supervisors.

Sec. 1056. Whenever a special election is ordered by the board of sujjer-
visors, they must issue an election pi'oclamation, containing the statement
provided for in subdivision 1 of section 1054, and must publish and post it in
the same manner as proclamations issued by the governor.

ARTICLE III.

miscellaneous provisions.

1066. Plurality to elect. ^

Sec. 1066. The person receiving at any election the highest ntimber of votes
for any office to be filled at such election is elected thereto.

1067. Proceedings on tie vote other than for governor or lieutenant-governor.

Sec. 1067. If at any election, escej)t that for governor or lieutenant-governor,
two or more persons receive an equal and the highest .number of votes, there is
no choice, and a special election to fill such office n^ust be ordered by the proper
board or officer.

[a] Original section: Code, to be published in gome newspaper printed in

Sec. 1055. The board of supervisors, upon receipt of the county (if any), and to be posted at each place of

such proclamation, must cause a copy of the same, election, at least ten days before the election.

together with a copy of Title IV, Part I, of the Penal

185

10G8-1096 POLITICAL CODE.

1068. Same, on tie vote for governor or lieutenant-governor.

Sec. 1068. In case any two or more persons have an equal and highest num-
ber of votes for either governor or lieutenant-governor, the legislature must, by
joint vote of both houses, choose one of the persons to fill such office.

1069. Electors privileged from arrest, when.

Sec. 1069. Electors are privileged from arrest, exeejit for an indictable
ofi'ense, during their attendance on the election, and in going to and returning
from the same.

1070. Electors exempt from militia duty, tvhen.

Sec. 1070. No elector is obliged to perform militia duty on the day of election,
except in time of war or public danger.

1071. No fees for certificate of registration.

Sec. 1071. No fees must be charged for registration or certificates thereof.

1072. Compensation of officers of election.

Sec. 1072. The compensation of members of boards of election and clerks
must be fixed and audited by the board of supervisors, and paid out of the
county treasury.

1073. Supervisors to have blanks prepared.

Sec. 1073. The necessary printed blanks for poll lists, tally lists, lists of
voters, oath, and returns, together wdth envelopes in which to inclose returns,
must be furnished by the board of supei'\'isors to the officers of each election
precinct at the exjiense of the county.

CHAPTER II.

QUALIFICATIONS AND DISABILITIES OP ELECTORS.

1083. Qualifications of voter.

Sec. 1083. Every male citizen of the United States, who shall have been a
resident of the state six months next preceding the election, and of the precinct
in which he claims his vote thirty days, and whose name is enrolled on the great
register of such county, is a qualified elector thereof.

1084. Certain citizens not entitled to vote.

Sec. 1084. No idiot or insane person, or person convicted of any infamous
crime, is entitled to the privilege of an elector.

CHAPTER III.

REGISTRATION OF ELECTORS.

1094. Great register to he kept.

Sec. 1094. There must be kept in the office of the county clerk of each county
a gi-eat register.

1095. Names of electors to he entered.

Sec. 1095. In the great register the clerk must, as hereinafter provided, enter
the names of the qualified electors of the county whose names are not already
thereon.

1096. Substance of entry.

Sec. 1096. Such entry must show:

1. The name, at length;

2. The age, omitting fractions of years;

3. The country of the nativity;

4. The place of residence (giving tlie ward or precinct);

180

ELECTIONS. lOOG-1102

5. If naturalized, the time and place of naturalization; and,

6. The date of the entry;

— Of each person. Each name must he numbered in the order of its entry.

1097. Bides governing entry.

Sec. 1097. No person's name must be entered by the clerk, unless:

1. Upon a certificate of registration in another county, showing that such reg-
istration has been canceled, and upon proof, by the affidavit of the party, that
he is an elector of the county in which he seeks to be registered;

2. Upon the returns of the assessor of the county;

3. If a naturalized citizen, upon the production of his certificate of naturali-
zation, or upon his own affidavit that it is lost or out of his possession, which
affidavit must state the place of his nativity, and the time and place of his nat-
uralization, together with his affidavit that he has resided in the United States
for five years, and in this state for six months next preceding the time of appli-
cation, and that he is an elector of the county;

4. If born in a foreign country, ujDon his affidavit that he became a citizen of
the United States by virtue of the naturalization of his father, whilst he was
residing in the United States, and under the age of twenty-one years, and that
he is an elector of the county;

5. Upon the production and filing of a certified copy of the judgment of a
district court directing such entry to be made;

6. In other cases, upon the affidavit of the party that he is an elector of the
county;

7. In every case, the affidavit of the party must show all the facts required
to be stated in the entry on the register, except the date and number of the
entry. [Amendment, approved March 30, 1874; Amendments 1873-4, 15; took
effect July 6, 1874. ^"^

1098. Assessor's roll of electors.

Sec. 1098. The assessor of each county must keep a roll of electors, on which,
and upon like proof as is required for entry upon the great register, he must
enroll the name of any elector of the county making application to him for that
purj)ose.

1099. What enrollment must show.

Sec. 1099. Such enrollment must show the same facts as are required to be
shown by the entry upon the great register.

1100. Duty of clerk or assessor relative to certain proof s produced before him.
Sec. 1100. The clerk or assessor must, upon eveiy certificate of naturaliza-
tion presented to him as evidence of citizenship, indorse and subscribe a state-
ment of the time of j)resentation and of his action thereon.

1101. Assessor must make monthly returns of his enrollment.

Sec. 1101. At the end of every month the assessor must return to the county
clerk a certified copy of all entries made uj)on his roll of electors during such
month, and all affidavits made for the purpose of procuring such enrollment.

1102. Duty of clerk upon receipt of the return.

Sec. 1102. Upon the receipt of such return, the clerk must at once enter

(a) The original Bection differed iu the third and he states he became a citizen of the United States by

fourlh subdivisions, -which were as follows: virtue of the naturalization of his father whilst he

3. If a naturalized citizen, iipou the production of was residing in the United States, and under the age of
his certificate of naturalization, or upon his own affi- twent}--one years, upon the production of a certified
davit of its loss, together with the affidavit of a regis- copy of his father's certificate of naturalization, or
tered citizen to the effect that the applicant has resided upon such proof of residence and reputed citizenship
in the United States for five years and in this state for as is required by the preceding subdi\'ision, and upon
Bix months next preceding the time of application, and proof by the affidavit of the party that he is an elector
is reputed to be a citizen of the United States, and that of the county.

deponent believes him to be, and proof by the affidavit In the seventh subdivision the original section had
of the party that he is an elector of thecounty; the word " shows" instead of "must show."

4. If born in a foreign country, but by his affidavit

187

1102-1108 POLITICAL CODE.

.upon the great register the names contained and the statements made in such
return.

1103. Affidavits must he filed in clerk's office.

Sec. 1103. The clerk must file and preserve all affidavits returned to him by
the assessor or used before him for the purpose of obtaining registration.

1104. Persons not to be registered in diffierejit counties at same time.

Sec. 1104. No jierson must cause himself to be registered or enrolled in one
county Avhen his registration in another remains uncanceled.

1105. Cancellation of entry.

Sec. 1105. There must be left opposite each name in the great register a
blank for cancellation. Cancellation is made by writing in such blank the word
" Canceled," and a statement of the reasons therefor.

1106. When entry must be canceled.

Sec. hog. The clerk must cancel the entr'y in the following cases:

1. At the request of the party registered;

2. When he knows of the death or of the removal of the person registered;

3. "When the insanity of the person registered is legally established;

4. Upon the production of a certified copy of a judgment of felonj^ in full
force against the person registered, or upon information of such conviction, ob-
tained as hereinafter provided;

5. Upon the production of a certified copy of a judgment directing the can-
cellation to be made;

6. Upon the certificate of the board of election of any precinct sent uj) with
the election returns, stating the death or removal, wdthin their own knowledge,
of person registered;

7. When it appears, by the returns made by the board and clerks of election,
that the respective party did not vote during the next preceding three years at
any general or judicial election;

8. The clerk shall cancel uj^on the great register every name found thereon
which is also found upon the register of deaths, provided for in section three
thousand and seventy -nine of this code;

9. Every judge before whom proceedings Avere had, which result in any male
person being declared incapable of taking care of himself and managing his
property, and for whom a guardian of his person and estate is accordingly ap-
I^ointed, or which result in such person being committed to a state insane
asylum, as an insane person, shall file with the county clerk a certificate of that
fact, and thereupon the clerk shall cancel the name of such person upon the
great register, if found thereon;

10. The county clerk shall, also, in the first Aveek of July in each year,
examine the records of the courts having jurisdiction in cases of felony, wdthin
his county, and cancel upon the great register the names of all persons appear-
ing thereon who shall have been convicted of felony in any of such courts, and
which conviction shall have been carried into efiect. [Amendment, ajJiiroved
March 30, 1874; Amendments 1873-4, 16; took effect July 0, 1874.'''>

1107. Clerk must give certificate of registration.

Sec 1107. Upon the application of the party in person or in writing, the
clerk must give him or his agent a certified copy of the entries upon the great
register relating to such jDarty.

1108. Persons refused registration may proceed by action.

Sec. 1108. If the clerk refuses to enter the name of any qualified elector of

(a) The original section did not have any one of the fourth it did not have any of the -words after the word
seventh, eighth, ninth or tenth subdivisions. In the " registered."

188

ELECTIONS- 1108-1113

the county upon the great register, such elector may proceed by action in the
district court to compel such entry.

1109. Amj person may proceed by action (a have registration canceled.

Sec, 1109. Any person may proceed by action in the district court to compel
the clerk to cancel any entry made on the great register illegally, or that ought
to be canceled by reason of facts that have occurred subsequent to the time of
such entry; but if the person whose name is sought to be canceled be not a
party to the action, the court may order him to be made a party defendant.
[Amendment, approved March 30, 1874; Amendments 1873-4, 17; took effect July
C, 1874.'"'

1110. Parties plaintiff to such actions.

Sec. 1110. In an action under the authority of section 1108 as many pei'soiis
may join as plaintiffs as have causes of action.

1111. Parties defendant.

Sec 1111. In an action under the authority of section 1109 the clerk and as
many persons as there are causes of action against may be joined as defendants.

1112. Costs, luhen recoverable against clerk.

Sec 1112. Costs cannot be recovered against the clerk in any action under
the authority of this chapter unless it is alleged in the complaint, and estab-
lished on the trial, that the clerk knowingly and willfully violated a plain duty.

1113. Clerk to make copy of great register.

Sec. 1113. Before the fifth day of August in each year in which there shall
be a general or presidential election, each county clerk must make a copy of
the uncanceled entries existing on the great register on the preceding first day
of August. In lieu of such copy, for the city and county of San Francisco, the
county clerk must, from the poll list of the general and judicial elections, held
in September and October, eighteen hundred and seventy-three, and from sim-
ilar poll lists of the general and judicial elections held in ever}^ second year
thereafter, make out ward registers, one for each ward in said city and county,
and upon each such ward register he must enter the names of the qualified
electors of the ward appearing on the last general and judicial poll lists of the
ward, alphabetically arranged, together with the entries respectively appearing on
the great register opposite such names. He shall not enter the name of the same
person on more than one ward register. He must, however, enter upon the
proper ward register, the name of any person, who, being duly sworn, shall
make satisfactory proof that he is an elector of such ward, and that his name is
uncanceled on the great register of said city and county. He must, upon satis-
factory proof, obtained in like manner, transfer any name from one ward reg-
ister to another, at the same time canceling the name on the ward register from
which the transfer is made, noting such transfer on each such ward register,
opposite the name. For the purposes of registration and prei)aration of ward
registers, and coj)ies thereof, required by law, the county clerk mvist employ
such assistants, and for such times and at such compensation as shall from time
to time be authorized by the board of supervisors. All fees received for regis-
tration and transfers must be paid into the treasury of the city and county, and
out of such treasury must be paid the compensation of such assistants, and all
the necessary expenses of registration, preparation of registers, and of trans-
fers, upon the proper orders of the board of supervisors. The board of sujDer-
visors of any couurty may, by order, provide for the preparation, printing and
distribution of township registers for each township, instead of copies of the

(a) The original section did not have the last clause commencing with the words " but if the ijerson."

189

1113-lllG POLITICAL CODE.

great register, in the same manner as is herein above provided respecting ward
registers in the city and county of San Francisco. When so ordered, the j^ro-
visions of law applicable to the city and county of San Francisco, in respect to
the preparation, correction, issue, distribution, posting, use, and return of
ward registers, sball api:)ly to such county, the word " township" being sub-
stituted for " ward " for that purpose, wherever it occurs; except that the num-
ber of additional copies to be printed of such registers shall not exceed fifty
for each one thousand votes cast in the respective townships at the next preced-
ing election. The board of supervisors shall fix the compensation of the
county clerk for his services in preparing the township registers, which shall be
paid out of the county treasury. Such order may be repealed and re-enacted
as often as the board of supervisors may deem it expedient to do so. [Amend-
ment, approved March 30, 1874; Amendments 1873-4, 17; took effect July 6,
1874.'=')

1114. Names must be arranged alphabeficalhj and numbered.

Sec. 1114. In such copy and registers the names must be arranged alpha-
betically, according to surnames, and must be numbered consecutively, from
the first to the last name, inclusive. [Amendment, approved 3Iarch 30, 1874;
Amendments 1873-4, 19; took effect July G, 1874. '">

1115. Great register must be printed.

Sec. 1115. Within fifteen days after making such lists, the clerk must have
printed a sufiicient number of copies thereof to supply each election precinct
in the county with not less than ten copies thereof, and fifty additional for
every one thousand votes cast in the county at the next preceding general elec-
tion, except that in the city and county of San Francisco the county clerk must
have printed a sufficient number of copies of each ward register to supjily
two hundred and fifty copies thereof for the first one thousand votes, or frac-
tion thereof, cast in the \vard at the next preceding general election, and fifty
additional copies for each additional one thousand votes, or fraction thereof
above five hundred; but in all the counties of this state, other than those of
the first class, as classified by this code, the clerk of each of such counties, if
the board of sujDervisors, in their discretion, so order, must, if there is a sufficient
number of the register last printed on hand to provide not less than four copies
for each precinct in such county, cancel the names of all persons thereon required
to be canceled, and furnish the same to each precinct, together with the same
number of copies of a supplement containing the uncanceled entries made upon
the great register subsequent to the last publication thereof. [Amendment, ap-
proved March 24, 187G; Amendments 1875-6, 24; took effect on passaged

1116. Printed copies, hoiv distributed.

Sec. IIIG. The clerk must, as soon as such copies of the great register, or
ward, or township registers are printed:

1. Post one copy in some public place in the court-house.

2. Deliver, upon demand, one copy to each county and township officer in
the county.

3. Transmit and cause to be delivered not less than ten copies to each board
of election in the county; but in cases where ward registers are printed, ten

(a) Original sfiction: (c) The original srotion consisted only of the first

Sec. ni:J. Before tbe fifth day of August, In theyear clause down to und including the words " next preced-

eighteea hundred and seventy-three, and in every sec- ing general election." *

ond year thereafter, each county clerk must make out It was previously amended by act of March 30, 1874

a copy of the uncanceled entries existing on the Great (Amendments 1873-1, 19) so as to read like the text with

Eegister on the preceding first day of August. the exception of the last clause commencing with the

{h) The original section did not have the words " and words " but in all the counties."
registers."

190

ELECTIONS. 1116-1130

copies shall be delivered to each board of election in the respective wards, and
one copy of all the registers to each board of election in the county,

4. Preserve five copies in the office, for the inspection of the public.

5. Transmit to the State Librar}^ Mercantile Library, Mechanics' Institute,
and Odd Fellows' Library, of San Francisco, one copy each.

G. Deliver one copy to each elector of the county or respective ward, applying
therefor, until the remainder of the edition printed is exhausted; provided, that
nothing in this section, except the first, third, and fourth subdivisions thereof,
shall apply to counties other ^han of the first class. [Amendment, approved
Ilarcli 24, 187G; Amendments 1875-6,21; took effect on passage}^''

1117. Certified copy, prima facie evidence.

Sec. 1117. A certified copy of an uncanceled entry upon the great register, is
prima facie evidence that the person named in the entry is an elector of the
county. [Amendment, appr-oved March 30, 1874; Amendments 1873-4, 20; took
effect July 6, 1874.^'''

An Act to compel the county clerk of the city and county of San Francisco to keep open his
office upon all election clays.

Approved March 7, 1876; 1875-6, 142.

Clerk to keep office open.

Section 1. The county clerk of the city and county of San Francisco shall
keep his office open continuously upon all election days from sunrise until six
o'clock and thirty minutes of the evening of the same day, for the sole and only
purpose of registering voters, and giving voters certificates of registration and
transfers to the wards they live in.

Sec 2. This act shall take effect from and after its passage.

CHAPTEE IV.

ELECTION PRECINCTS.

1127. Supervisors to establish election precincts.

Sec. 1127. The board of supervisors of each county must establish a conTe-
nient number of election precincts therein.

1128. Boundaries to be defined.

Sec. 1128. In the order establishing precincts the boundaries thereof must
be defined.

1129. Board may alter, etc., precincts.

Sec 1129. The board may from time to time change the boundaries of, create
new, or consolidate established precincts.

1130. Limitations on powers given herein.

Sec 1130. The following limitations are imposed upon the powers given the
supervisors in this chapter:

1. No precinct must be so established as to embrace more than one township,
nor parts of two or more townships, nor in such manner that its exterior limits
cross the exterior boundaries of any township, incorporated town, or city, or
any ward, district, or other territorial subdivision for which local officers are to
be elected, except a school or road district;

(a) The original section did not have the words "of applying therefor until the remainder of the edition

wie Great Kegister, or ward, or township registers." printed is exhausted.

The third, fifth and sixth subdivisions were as follows; It was previously amended by act of March 30, 187-i

3. Transmit and cause to be delivered not less than (Amendments 1S73-4, 20) so as to read like the text with

ten copies to each election board in the county; the exception that it did not have the proviso in the

5. Transmit to the State library and Mercantile sixth subdivision.

library of San Francisco one copy each; (b) The original section had the word "primary"

6. Deliver one copy to each elector' of the county Instead of " prima facie."

1130-1144 POLITICAL CODE.

2. No precinct must be established, nor must the boundaries of one already
established be altered, within thirty days next preceding a general or judicial
election.

1131. Board to designate place for holding election, and offices to he filled.

Sec. 1131. The board must, at least fifteen days prior to an election, issue
its order appointing boards of election, designating the house or place
within the precinct where the election must be held, and the oifices to be filled,
naming and numbering, in numerical order, commencing with number one, the
offices to be filled, unexpired terms being lastly designated. [Amendment,
approved March 30, 1874; Amendments 1873-4, 21; took effect July 6, 1874.'*^

1132. When polling places not designated by supervisors.

Sec. 1132. If the board fail to designate the house or place for holding the
election, or if it cannot be held at the house or place designated, the justices of
the peace residing in the precinct, must meet two days before the election, and
by an order, under their hand (copies of which they must at once post in three
public places in the precinct), designate the house or place. In the city and
county of San Francisco, any three of the justices of the peace may discharge
the duties imposed by this section, at least eighteen hours prior to the opening
of the polls. [Amendment, approved March 30, 1874; Amendments 1873-4, 21;
took effect July 6, 1874.'"^

CHAPTER y.

BOAEDS OF ELECTION.

1142. Boards of election, how appointed.

Sec. 1142. When an election is ordered, the board of supervisors must ap-
point, for each precinct, from the electors thereof, one inspector and two
judges, who constitute a board of election for such precinct; and in the city
and county of San Francisco the board of supervisors must also, j)rior to the
election day, appoint for each precinct, from the electors thereof, an additional
inspector and tw^o additional judges, who, with the original inspector and
judges, shall canvass the votes for such precinct, and who must be present at
the closing of the polls, otherwise the board of election must appoint the
additional insi^ector and judges, or supply the j)lace of an absent member
thereof. The original and additional inspectors and judges shall thenceforth
constitute the board of election, the members relieving each other in the duties
of canvassing the ballots, which may be conducted by at least half of the whole
number; but the final certificates shall be signed by a majority of the whole.
[Amendment, approved 2Iarch oQ , 1874; Amendments 1873-4, 21; took effect July
6, 1874.'''

1143. Judges not to he of same political party .

Sec. 1143. The judges appointed must not be members of the same political
part^^

1144. Failure to appoint hoard of election.

Sec. 1144. If the board of siipervisors fail to appoint the board of election, or
the members ai:)pointed do not attend at the oi)ening of the polls on the morn-
ing of the election, the electors of the precinct present at that hour may appoint

(a) Original Bection : fence alone; but used the words "residing therein"
Sec. liai. The board nrniRt, in its order appointing instead of "residing in the precinct."

boards of election, des^lguate the house or place within (c) The original sentence consisted only of the flrat

the precinct where the election aiust be held. clause down to and including the words " a board of

(b) The original section consisted of the first sen- election for such precinct."

192

ELECTIONS. 1144-llGO

the board, or supply the place of an absent member thereof. [Amendmeyit ,
approved March 30, 1874; Amendments 1873-4, 22j took effect July G, 1874.^''>

1145. Inspectors of election, their powers.

Sec. 1145. The inspector is chairman of the election board, and may:

1. Administer all oaths required in the progress of an election;

2. Api^oint judges and clerks, if, during the progress of the election, auy
judge or clerk ceases to act.

1146. Judges and clerks may administer oaths.

Sec. 1146. Any member of the board, or either clerk thereof, may administer
and certify oaths required to be administered during the progress of an election.

U47. Clerks.

Sec. 1147. The board of election for each precinct must, before opening the
polls, appoint two persons to act as clerks of election.

1148. Board and clerks to be sivorn.

Sec. 1148. Before oj^ening the polls, each member of the board and each
clerk must take and subscribe an oath to faithfully perform the duties imposed
upon them by law. Any elector of the townshijj may administer and certify
such oath.

1149. Board to jyost copies of great register.

Sec. 1149. Before opening the polls the board must post, in some separate
convenienl: places, easy of access, not less than four printed copies of the gi-eat
register of the county, as last printed, except in the city and county of San
Francisco, wherein not less than four jDiinted coj)ies of the register of the ward
shall be so posted. [Amendment, approved March 30, 1874; Amendments 1873-4,
22; took effect July 6, 1874.<'»

1150. Copies not to he torn nor defaced.

Sec. 1150. The copies so posted must be maintained during the whole time
of voting, and must not in an}' manner be torn or defaced.

[In Napa county copies of the great register are dispensed with except at
general or judicial elections provided for by sections 1041 and 1042 of this
code, by act of March 20, 1874; 1873-4, 515. In Sacramento county a new
great register was ordered to be provided by act of March 30, 1874; 1873-4,
795.]

CHAPTER VI.

OPENING AND CLOSING THE POLLS.

1160. Time of opening and closing polls.

Sec. IIGO. The polls must be opened at one hour after sunrise on the morn-
ing of the election, and must be kept open until sunset, when the same must
be closed, except in the city and county of San Francisco, wherein the polls
must be opened at sunrise and be kept open continuously until six o'clock and
thirty minutes of the evening of the same day, when the same shall be closed.
[Ameyidment, approved March %, 1876; Amendments 1875-6, 25; took eff^ect from
passage.'-"''

(a) Original section: than foiir printed copies of the great register of the

Sec. 1144. If the board fails to appoint the election couuty, as last printed.

board, or the members appointed do not attend at eight (c) Original section:

o'clock .4. M. on the morning of the election, the elect- Sf.c. IIOU The polls must be opened at eight o'clock

orsof the precinct present at that hour may appoint on the morning of election, and except as provided in

the board, or supply the place of an absent member the next section, must be kept open until sunset,

thereof. It was previously amended by act of March 30, 1874

{h) Original section: (Amendments 1873-4, 22) so as to read like the amend-

Sec. 1149. Before opening the polls, the board must ment in the text down to the word " except.,"
post, in some convenient place easy of access, not less

13 193 ..»v^- V

fivon

CR^^^

1161-1174

POLITICAL CODE.

[Sec. 1161^*' "was repealed by act ai^proved March 30, 1874; Amendments
1873-4, 23; took effect July 6, 1874.]

1162. Ballot-box to he exhibited.

Sec. 11G2. Before receiving any ballots the board must, in tlie presence of
any persons assembled at the polling place, open and exhibit and close the
ballot-box; and thereafter it must not be removed from the polling place or
presence of the bystanders until all the ballots are counted, nor must it be
opened until after the jjolls are finally closed.

1163. Proclamation at opening the polls.

Sec. 11G3. Before the board receive any ballots they must cause it to be pro-
claimed aloud at the place of election that the polls are open.

1164. Proclamation at closing the polls.

Sec. 11G4, "When the polls are closed that fact must be proclaimed aloud at
the place of election; and after such proclamation no ballots must be received.

CHAPTEE VII.

POLL LISTS.

1174. Form of poll lists and tally lists.

Sec. 1174. The following is the form of poll lists and tally lists to be kept by
boards and clerks of election :

POLL LISTS

Of the election held in the precinct of , in the county of

day of , in the year a. d. one thousand eight hundred and

, on the

A. B., C. D., and E. F., judges, and G. H. and J. K., clerks of said election,
-were respectively sworn (or affirmed), as the law directs, previous to their enter-
ing on the duties of their respective offices.

NUMBER AND NAME OF ELECTORS VOTING.

No.

Name.

No.

Name.

1
2

A. B.
C. D.

3
4

E. F.
G. H.

We hereby certify that the number of electors voting at this election amounts

Attest:

A. B.,

G. H., C. D.,

J. K., E. F.,

Clerks. Board of Election.

TALLY LISTS.

Names of persons voted for, and for what office, containing the number of
votes given for each candidate :

Representative in Congress.

Members of the Legislature.

Senate.

Assoiii1)ly.

We hereby certify that A. B. had votes for governor, and C. D. had

ur at

194

(a) Orifpnal section:

Sec. 1101. The board may close the polls forouc liour at auy time during the day before three o'clock p.M

ELECTIONS. . 1174-1191

votes for governor; tliat E. F. had votes for representative in con-
gress, etc.
^ A. B.,

G. H., C. D.,

J. K., E. F.,

Clerks. Boartl of Electiou.

[Amendment, approved March 30, 1874; Amendments 1873-4, 23; took effect
July 6, 1874.'^)
1175. Want of form not to vitiate.

Sec. 1175. No list, tally, paper, or certificate returned from any election
must be set aside or rejected for want of form, nor on account of its not being
strictly in accordance with the directions of this title, if it can be satisfactorily
understood.

CHAPTER VIII.

ELECTION TICKETS AND BALLOTS.

1185. Ticket defined.

Sec. 1185. A ticket is a paj)er upon which is written or printed the names of
the persons for whom the elector intends to vote, with a designation of the
office to which each person so named is intended by him to be chosen.

1186. Ballot defined.

Sec. 1186. A ballot is a ticket folded in such a manner that nothing written
or printed thereon can be seen.

1187. Tickets must be uniform.

Sec. 1187. Every ticket must be of paper uniform in size, color, weight,
texture and appearance.

1188. Secretary of state to keep paper for tickets.

Sec. 1188. The secretary of state must provide and keep constantly on hand
a sufficient quantity of jjaper, uniform in color, weight, texture and appearance,
without marks of any kind thereon, to supply the demand for jiaj^er for tickets.

1189. 3Iast supply such paper to any person on application.

Sec 1189. He must, upon paj'ment of the cost thereof, and ten per cent.
profit, furnish such paper to every person who may apj^ly therefor and who
makes and files with him an affidavit that such paper is to be used in providing
tickets to be used as ballots at any election next to ensue.

1190. Disposition of money collected from sale of paper.

Sec 1190. The sum collected b}^ him for imper so sold must be paid into the
state treasury; and ten per cent, of such sum must be credited to a fund to be
kept in the treasury', and known as the "Election Reward Fund."

1191. Form of ballot.

Sec 1191. No ticket must be used at any election, or circulated on the day of
election, unless:

1. It is written or printed on paper furnislied by the secretary of state, or
upon paper in every respect precisely like such jDaper;

2. It is five inches in width, or within one fourth of an inch of such width.
If not more than fifty offices are designated to be filled, it is twelve inches in
length, or within one half of an inch of such length. If more than fifty offices,
and not more than eighty offices, are designated to be filled, it is eighteen
inches in length, or within one half of an inch of such length. If more than
eighty offices are designated to be filled, it is twenty-four Jnches in length, or
within one half of an inch of such length;

(a) The original section did not have the words " tally lists."

195

1191-1195 POLITICAL CODE.

3. If printed, the names of the persons voted for, and the offices designated,
are j^rinted in black ink, and in long primer capitals — the names of the offices
in small capitals, and of the persons in large capitals — and both without spaces,
except between the different words or initials in each line, and between the
numbers and initials;

•4. If printed, the same margin is left above the printed matter as below it;

5. If printed, the lines are straight, and the matter double leaded with six to
pica leads. The word " For" comprises the top line, the margins both sides of
it being equal in size. The line after the top one commences with the figure 1,
then follows immediately on the same line the name of the first office designated
by the board of supervisors in its order, issued under section 1131, and lastly,
on the same line, the name of the person voted for. Each subsequent line
commences with the figure next in numerical order, and such number is in like
manner immediately followed by the name of the office designated, and the
l)erson voted for; so that the offices shall appear upon the ticket in the order
designated by the board of suj)ervisors, and be numbered in numerical order,
commencing with the number one. The numbers are in a straight line from
top to bottom, and are within one quarter of an inch of the left-hand edge of
the ticket; so that the blank space for substituted names shall be on the right-
hand side of the ticket. The ticket shall be substantially in the following-
form :

For

1. STATE SENATOR, FEANK COWPER.

2. STATE SENATOR, PHILIP ROSS.

3. MEMBER OF ASSEMBLY, A. S. WARDEN.

4. MEMBER OF ASSEMBLY, WASHINGTON SWIFT.

5. MEMBER OF ASSEMBLY, CALEB T. HOLLIDAY.

[Amendme^it, approved March 30, 1874; Amendments 1873-4, 24; took effect
July 6, 1874.^^^'

1192. BaUofs not to be given to any person within certain limits.

Sec. 119^. No ticket or ballot must, on the day of election, be given or
delivered to or received by any person, except the inspector, or a judge acting
as ins]Dector, within one hundred feet of the polling place.

1193. Tickets and ballots not to be folded or unfolded ivithin certain limits.

Sec. 1193. No person must, on the day of election, fold any ticket or unfold
any ballot which he intends to use in voting, Avithin one huhdred feet of the
polling place.

1194. Contents of tickets or ballots not to be exhibited within certain limits.

Sec 1194. No person must, on the day of election, within one hundred feet
of the polling place, exhibit to another, in any manner by which the contents
thereof may become known, any ticket or ballot which he intends to use in
voting.

1195. Persons not to be asked to disclose contents of ticket or ballot.

Sec. 1195. No person must, on the day of election, within one hundred feet
of the polling place, request another person to exhibit or disclose the contents
of any ticket or ballot which such other person intends to use in voting.

(a) Original seftion: ■without spaces, except between the different words or

Hr.c. 1191. No lieket must be used at any election, or initials in each line; 4. If printed, the same margin is

circulated cm the day of election, unlcFB: 1. It is writ- left above tlie priuted matter as below it and the side

ten or i>rinted on paper furnished liy the Fecretary of marcins are equal in size; o. If jirlnted, the lines are

fctatfc, or upon j-ajifcr in every respect jjrecisely like huch straight, and the luatter sint,'le leaded; (i. If written,

paper; 2. It is four inches in width and twelve inches the matter is so written, that no sign thereof appears

in length, or within one eighth of an inch of such size; when the paper is folded: and 7. It is fri e from every

:{. If printed, the nnines of the persons voted for and marl:, character, or device or thing that would enable

the office designated are printed in black ink and in any person to distinguish it by the back, or, when

long primer capit:-l8— tho name of the ollico in small folded, from any other legal ticket or ballot,
capitals, and of the person in large caijitals— and both

196

ELECTIONS. 1196-1204

1196. Ballots to have no marks on outside.

Sec. 1196. No ballot must be used at any election, or circulated on the day
of any election, having any mark or thing on the back or outside thereof
whereby it might be distinguished from any other ballot legally used on the
same day.

1197. Ballot to have no marks by ivhicli it can he told who voted it.

Sec. 1197. No ballot or ticket must be used or circulated on the day of any
election, having any mark or thing thereon by or from which it can be ascer-
tained what persons, or what class of persons, used or voted it, or at what time
in the day such ballot was voted or used. [Amendment, approved March 26,
1874; Amendments 1873-4, 73; took effect July 6, 1874.""

1198. Tickets, how to he folded.

Sec. 1198. Every ticket, when used as a ballot, must be folded crosswise from
the centre, and as follows: If twelve inches long, four times; if eighteen inches
long, five times; and if twenty-four inches long, five times, and must be j)ressed
flat. [Amendment, approved March '^^,1^1 4:] Amendments 1813-4:, 26; took effect
July 6, 1874.^*"

1199. Tickets not to be folded to indicate contents.

Sec. 1199. No ticket must be folded in a manner to indicate its contents when
used as a ballot. «

1200. Tickets folded together to be rejected.

Sec. 1200. If in the ballot-box two tickets are found folded together in the
foi-m of a ballot, they must both be rejected.

1201. Ballots not to be rejected for obscurity in name of person or office.

Sec. 1201. No ballot or part thereof must be rejected by reason of any
obscurity therein in relation to the name of the person voted for or the designa-
tion of the office, if the board, from an inspection of the ballot, can determine
the j)erson voted for and the office intended .

1202. When more persons designated than to he chosen.

Sec. 1202. If the names of more persons are designated on any ballot found
in the ballot-box for the same office than are to be chosen for such office, then,
except in the cases provided for in the next section, all the names designated
for such offices must be rejected, and the fact of such rejection, and the reasons
therefor, must at the time of such rejection be noted on the ballot and signed
by a majority of the election board.

1203. Written and printed names for the same offce, ivhich to be rejected.

Sec. 1203. When upon a ballot found in any ballot-box a printed name and a
name written with ink or with pencil appears, and there are not so many persons
to be chosen for the office, the printed name must be rejected and the written
one counted, and the fact must at the time be noted on the back of the ballot,
and such note must be signed by a majority of the election board.

1204. Printed tickets not to be erased but by lead-pencil or ink.

Sec. 1204, When upon a ballot found in any ballot-box a name has been
erased and another substituted therefor, in any other manner than by the use of
a lead-pencil or common writing ink, the substituted name must be rejected,
and the name erased, if it can be ascertained from an inspection of the ballot,
must be counted, and the fact thereof must be noted upon the ballot, and such
note must be signed by a majority of the election board.

(a) The original section did not have the words be folded crosswise four times from the centre, so as

" used or voted it." to make the ballot three fourths of one inch in size,

(6) Original section: and must be pressed flat.
Sec. 1198. Every ticket, when used as a ballot, must

197

1205-1225 POLITICAL CODE.

1205. Two votes on same ballot for same person to he counted as one.

Sec. 1205. If a ballot is found in any ballot-box containing tlie name of the
person and tlie office for which he is designated, or either, two or more times,
it must not for that reason be rejected; it must be counted as one ballot.

1206. Marked ballots to be rejected.

Sec. 1206. When a ballot found in any ballot-box bears upon the outside
thereof any impression, device, color or thing, or is folded in a manner designed
to distinguish such ballot from other legal ballots dejDosited therein, it must,
with all its contents, be rejected.

1207. Same.

Sec. 1207. When a ballot found in any ballot-box bears upon it any impres-
sion, device, color or thing, or is folded in a manner intended to designate or
impart knowledge of the person who voted such ballot, it must, with all its con-
tents, be rejected.

1208. Ballots not conforming to requirements of law.

Sec 1208. "When a ballot found in any ballot-box does not conform to the
requirements of section 1191, it must, with all its contents, be rejected.

120-9. Rejected ballots to be indorsed.

Sec. 1209. Whenever the board of election rejects a ballot, it must at the
time of such rejection cause to be made thereon and signed by a majority of the
board an indorsement of such rejection and of the causes thereof.

1210. Rejected ballots to be i^reserved.

Sec 1210. All rejected ballots must be preserved and returned in the same
manner as other ballots.

1211. Ballots not rejected but objected to must be indorsed.

Sec. 1211. Whenever a question arises in the board as to the legality of a
ballot, or any jjart thereof, and the board decide in favor of the legality, such
action, together with a concise statement of the facts that gave rise to the objec-
tion, must be indorsed upon the ballot, and signed by a majority of the board.

1212. Ballots not in compliance ivith law not to be received.

Sec. 1212. The board must refuse to receive or to allow to be deposited in
the ballot-box any ballot offered if it is apparent that it is not in compliance
with the provisions of this chajiter.

CHAPTEK IX.

VOTING AND CHAXLENGES.

1224. Voting, token to commence and continue.

Skc 1224. Voting may commence as soon as the polls are oj)ened, and may
be continued during all the time the polls remain open.

1225. Manner of voting .

Sec 1225. The person offering to vote must hand his ballot to the inspector,
or to one of the judges acting as inspector, and announce his name and the
number affixed to it on the printed copy of the register, if his name is thereon;
provided, that in incorporated towns and cities the said person voting shall also
give the name of the street, avenue, or location of his residence, and the num-
ber thereof, if it be numbered, or such clear and definite description of the
place of such residence as shall definitely fix the same. [Amendment, ajyproved
Aprils, 1870; Amendments 181 5~(j, 2G; took effect from passage. ^^^

(a) Original Bfotion: ap inspector, and nmidiinre his name and the number

Snr. 122.5. The jxTKon offering to vote niURt hand his allixcd to it on tlie ijrinted copy of the regiBter, If Wb
ballot to the iuBpector, or to one of the judges acting name Ib thereon.

198

ELECTIONS. 1226-1232

1226. Announcement of voter's name.

Sec. 122G. The inspector, or judge acting as such, must receive the ballot,
and before depositing it in the ballot-box, must, in an audible tone of voice,
announce the name and register number (if there be one), provided, that in in-
cor^Dorated towns and cities the said inspector, or judge acting as such, shall
also announce the residence of the person voting, and the same shall be re-
corded on the poll list by the poll clerk. [Amendiuent, approved April 3, 187G;
Amendments 1875-6, 26; took e§^ect from passage y^

1227. Putting ballot in box.

Sec. 1227. If the name be found on the copy of the great register, or ward
register, or if the party produce and file with the board an uncanceled ceiiifi-
cate of registration on the great register of the county, and the vote is not re-
jected upon a challenge taken, the inspector, or judge acting as such, must, in
the presence of the board of election, place the ballot, without being oi^ened
or examined, in the ballot-box. [Amendment, approved March 30, 1874; Amend-
ments 1873-4, 27; took effect July 6, 1874."'>

1228. Record that person has voted, how kept.

Sec. 1228. When the ballot has been placed in the box, one of the judges
must write the word " voted" op^DOsite the number of the person on the printed
copy of the register; or, if the person voted on a certificate of registration,
then upon the face thereof.

1229. List of voters.

Sec. 1229. Each clerk must keep a list of jDcrsons voting, and the name of
each person who votes must be entered thereon and numbered in the order of
voting.

1230. Grounds of challenge.

Sec. 1230. A person offering to vote may be orally challenged by any elector of
the county, upon either or all of the following grounds:

1. That he is not the jDcrson whose name aj^pears on the register;

2. That he has not resided within the state for six months next preceding the
election ;

8. That he has not resided within the precinct for thirty days next preceding
the election;

4. That he has before voted that day;

5. That he has been convicted of a felony and has not been pardoned.

1231. Proceedings on challenge for want of identity.

Sec. 1231. If the challenge is on the ground that he is not the person whose
name appears on the great register, the inspector must tender him the following
oath:

" You do swear (or affirm) that you are the person whose name is entered on
the great register,"

1232. Proceedings on challenge for non-residence.

Sec. 1232. If the challenge is on the ground that he has not resided in the
state for six months next preceding the election, the person challenged must be
sworn to answer questions; and after he is sworn the following questions must
be propounded to him by the inspector:

1. Have you resided in this state for six months immediately i^receding this
election?

(a) Original section: the name and register number (if there be one) of the

Sec. 1226. The inspector, or judge acting as such, person voting,

must receive the ballot, and before depositing it in the (b) The original section did not have the words " or

ballot-boi must, in au audible tone of voice, announce ward register."

199

1232-1239 POLITICAL CODE.

2. Have j^ou been absent from this state within the six months immediately-
preceding this election? If yes, then:

3. When you left, did you leave for a temporary purpose, with the design of
returning, or for the purj^ose of remaining away?

4. Did you while absent regard this state as your home ?

5. Did you while absent vote in any other state?

And such other questions as may be necessary to a determination of the chal-
lenge.

1233. Same, on challenge for non-residence in precinct.

Sec 1233. If the challenge is on the ground that he has not resided in the
precinct for thirty days next preceding the election, the person challenged must
be sworn to answer questions; and after he is sworn the following questions
must be propounded to him by the inspector:

1. When did you last come into this election precinct?

2. "When you came into this jorecinct did you come for a temporary purpose
merely, or for the purpose of making it your home?

3. Did you come into this precinct for the purpose of voting here?

And such other questions as may be necessary to a determination of the
challenge.

1234. Same, on challenge for having before voted.

Sec. 1234. If the challenge is on the ground that the person challenged has
before voted that day, the inspector must tender to the person challenged this
oath:

" You do swear (or affirm) that you have not before voted this day."

1235. Same, on ground of conviction of a felony.

Sec. 1235. If the challenge is on the ground that the j)erson challenged has
been convicted of a felony and has not been pardoned, he must not be ques-
tioned; but the fact may be proved by the production of an authenticated copy
of the record, or by the oral testimony of two witnesses, and the non-production
of a pardon.

1236. Challenges, how determined. .

Sec. 1236. Challenges upon the grounds either:

1. That the person challenged is not the person whose name appears on the
great register;

2. That the party has before voted on that day;

— Are determined in favor of the party challenged by his taking the oath
tendered.

1237. Trial of challenge.

Sec. 1237. Challenges for causes other than those specified in the preceding
section must be tried and determined by the board of election at the time of the
challenge.

1238. If person refuses to be sworn, vote to be rejected.

Sec. 1238. If any person challenged refuses to take the oaths tendered, or
refuses to be sworn and to answer the questions touching the matter of residence,
he must not be allowed to vote.

1239. Rules for determining question of residence.

Sec 1239. The board of election, in determining the place of residence of any
person, must be governed by the following rules, as far as they are api^licable:

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;

200

ELECTIONS. 1239-1243

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 sei-vice of the United
States, or of this state, nor while engaged in navigation, nor while a student at
any institution of learning, nor while kept in an almshouse, asylum, or prison;

3. A person must not be held, by reason of having moved from one precinct
to another, in the same county, within thirty days jDrior to the election, to have
lost his residence in the precinct so moved from, provided he was an elector
therein on the thirtieth day prior to such election;

4. 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 pui-poses
merely, with the intention of returning;

5. A i)erson must not be considered to have gained a residence in any pre-
cinct into which he comes for temporarj^ purposes merely, without the intention
of making such precinct his home;

6. If a j)erson remove to another state with the intention of making it his
residence, he loses his residence in this state;

7. If a person remove to another state with the intention of remaining there
for an indefinite time, and as a place of present residence, he loses his residence
in this state, notwithstanding he entertains an intention of returning at some
future period;

8. 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;

9. 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; but any man haAing 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 uj^ his abode;

10. The mere intention to acquire a new residence, mthout the fact of
removal, avails nothing; neither does the fact of removal, without the intention.
[Amendment, approved March 30, 1874; Amendments 1873-4, 26; took effect July 6,
1874.<''>

1240. Term of residence, how computed.

Sec. 1240. The term of residence must be computed by including the day on
which the person's residence commenced, and by excluding the day of the
election.

1241. Rules must he read, if requested.

Sec. 1241. Before administering an oath to a person touching his place of
residence, the inspector must, if requested by any person, read to the person
challenged the rules prescribed by sections 1238 and 1239.

1242. Proceedings upon determination of challenge.

Sec 1242. If the challenge is determined against the person offering to vote,
the ballot offered must, without examination, be returned to him; if deter-
mined in his favor, the ballot must be deposited in the ballot-box.

1243. List of challenges to he kept.

Sec 1243. The board must cause one of the clerks to keep a list, showing:

1. The names of all persons challenged;

2. The grounds of such challenges;

3. The determination of the board upon the challenge.

(a) The original section had but nine subdivisions, omitting the one numbered 3. It used the words " elec-
tion board " instead of " board of election."

201

1252-1256 POLITICAL CODE.

CHAPTEK X.

CANYASSING AND RETURNING THE VOTE.

1252. Canvm'x to he public, and ivilhout adjournment.

Sec. 1252. A.s soon as the polls are finally closed the judges must immedi-
ately i>roceed to canvass the votes given at such election. The canvass must
be public, in the presence of bystanders, and must be continued without ad-
journment until completed and the result thereof is declared.

1253. Cauvas!i, how commenced.

Slc. 1253. The canvass must be commenced by taking out of the box the
ballots unopened (excejit so far as to ascertain whether each ballot is single),
and counting the same to ascertain whether the number of ballots coiTesponds
with the number of names on the list of voters kept by the clerks. In the city
and county of San Francisco, at the closing of the jjolls, the inspector must
administer to the additional members of the board of canvassers, the oath pre-
scribed in section 1148, and likewise to two clerks appointed by such additional
members. He must then proceed to take out of the box the ballots, unopened,
one at a time, numbering them on the backs in numerical order, commencing
with number one, and writing with ink the initials of his own name upon the
back of each ballot as taken out. He shall pass each ballot, as soon as thus
indorsed, to the additional inspector, who must, in like manner, write thereon
the initials of his own name, so that each ballot can be subsequently identified
by either or both such inspectors. [Amendment, approved March 30, 1874;
Amendments 1873-4, 28; took effect July 6, 1874.'"'

1254. Proceedings where ballots folded together.

Shc. 1254. If two or more sej)arate ballots are found so folded together as to
present the appearance of a single ballot, they must be laid aside until the
count of the ballots is completed; then, if upon a comparison of the count
with the numV)er of names of electors on the lists which have been kept by the
clerks, it api)ears that the two ballots thus folded together were cast by one
elector, they must be rejected. [Amendment, approved March 30, 1874; Amend-
ments 1873^, 29; took effect July G, 1874.'^'

1255. ] ' roceedings where too many ballots.

Sec. 1255. The ballots must be immediately rejilaced in the box, and if the
ballots in the box exceed in number the names on the lists, one of the jiadges
must jiublicly, and without looking in the box, draw out therefrom singly, and
destroy, unopened, a number of ballots equal to such excess; and the board of
election must make a record, upon the poll list, of the number of ballots so
drawn and destroyed. In the city and county of San Francisco the numbers
apiK-aring on the backs of the ballots so drawn, must likewise be recorded.
\Amei)dmn\t, a])proved March 30, 1874; Amendments 1873-4, 29; took effect July
G, 1874. ''>

125G. J'roceedings ivhen names and ballots agree.

Sec. 125G. Tlie number of l>allots agreeing or being thus made to agree with
the nu]iil)er of names on the lists, the lists must be signed by the members of
the board and attested by the clerks, and the number of names thereon must be
set down in words and figures at the foot of each list, and over the signatures

(a) The original Bcctlon coneiKted of the flrHt Ben- exceed In number the names on the lists thoy must be

tench tlone. replueed in the box, and one of the judges must pub-

(ii) The oriifiniil section had the word " dcHtroyod " li<Iy and witliout looking in the box draw out there-

inittead of " rejiTted." from singly and destroy unopened a number of ballots

Hec. 12i5. If the ballot* in the box are BtlU found to

202

ELECTIONS. 1256-1264

of the judges and the attestation of the clerks, substantially in the form pre-
scril)ed in section 1174.

1257. Counting the votes.

Sec. 1257. After the lists are thus signed, the board must proceed to count
and ascertain the number of votes cast for each person voted for. The ballots
must be taken out and Oi:)ened by one of the members of the board, and the
ticket must be distinctly read.

1258. Tallies.

Sec. 1258. Each clerk must -write down each office to be filled and the name
of each person voted for to fill such office, and keep the number of votes by
tallies as they are read aloud.

1259. Tickets to be strung and inclosed in sealed envelopes.

Sec. 1259. The tickets as soon as read, or rejected for illegality, must be
strung upon a string by one of the judges, and must not thereafter be examined
by any person, but must, as soon as all are counted, be carefully sealed in a
strong envelope, each member of the board writing his name across the seal.

1260. Beturn list.

Sec 1260. As soon as all the votes are counted and the tickets sealed up,
lists must be attached to the tally lists containing the names of persons
voted for and for what office, and the number of votes given for each candidate,
the number being written at full length, and such lists must be signed by the
members of the board and attested by the clerks, substantially in the form in
section 1174 given.

1261. Certain papers to he sealed up.

Sec. 1261, The board must, before it adjourns, inclose in a cover and seal up
and direct to the county clerk, the copy of the register upon which one of the
judges marked the word "voted" as the ballots were received, all certificates of
registration received by it, one of the lists of the persons challenged, one copy
of the list of voters, and one of the tally lists and list attached thereto. [Amend-
ment, approved March 30, 1874; Amendments 1873-4, 29; took effect July 6, 1874.^"'

1262. Inspector to keep certain papers.

Sec 1262. The inspector must retain, open to the insj)ection of all electors,
for at least six months, the other list of voters, tally list, and list attached
thereto. [Amendment, apiproved March 30, 1874; Amendments 1873-4, 30; took
effect Juhj 6, 1874.<*^

1263. Custody of returns and ballots.

Sec 1263. The sealed packages containing the register, lists, papers, and
ballots, must before the board adjourns be delivered to one of its number, to be
determined by lot, unless otherwise agreed upon.

1264. Delivery to county clerk — Packages, how sealed up in San Francisco.

Sec 1264. The member to whom such packages are delivered, must without
delay deliver such packages, without their having been opened, to the county
clerk, nearest postmaster or sworn express agent, who shall indorse on such
packages the name of the party delivering them, and date of such delivery. If
delivered to a postmaster or express agent, such postmaster or express agent
shall forward the j)ackages by the first mail or express to the county seat. In
the city and county of San Francisco, such packages must be delivered to the
county clerk within eighteen hours from the time of adjournment of the board,

(a) Original section: the lists of persons challenged, one copy of the list of

Skc. 1261. The board must before it adjourns inclose voters, and one copy of the tally lists and list attached

in a cover and seal up and direct to the county clerk thereto.

the copy of the gi-eat register upon which one of the (b) The original section omitted the word "electors"

judges marked the -word "voted " as the ballots were and had the words " copy of the" before the words

received, all certificates of registration received by it, "list of voters."

203

1264-1280 POLITICAL CODE.

which time of adjourument must be indorsed upon such package, and upon
each poD list, in ink, and signed by a majority of the members of such board.
In the city and county of San Francisco the packages must be put up and
sealed in the following manner, by an inspector, and at least three others of
the board, and be signed with their respective signatures, across the same,
wi-itteu: One package to contain the ballots only; one package to contain one
tally list and list attached, only; one package to contain the ward register and
certificates of registration issued by the county clerk after making up the ward
register, and received at the polls. [Amendment, approved March 30, 1874;
Amendments 1873-4, 30; took effect July 0, 1874.'''>

1265. Clerk to keep ballots unopened.

Slc. 12G5. Upon tlie receipt of the packages the clerk must file the one con-
taining ballots, and must keep it unopened and unaltered for twelve months,
after which time, if there is not a contest commenced in some tribunal ha\-ing
jurisdiction about such election, he must burn the package, without opening or
examining its contents.

1266. When package containing ballots may be destroyed; ivhen opened.

Sec. 1266. If within twelve months there is such a contest commenced, he
must keep the package unopened and unaltered until it is finally determined,
when he must, as provided in the preceding section, destroy it, unless such
package is, by virtue of an order of the tribunal in which the contest is pending,
brought and opened before it, to the end that evidence may be had of its
contents, in which event the package and contents are in the custody of such
tril)unal.

1267. lieturns to be delivered by clerk to superxdsors.

Sec 1267. The other package the clerk must produce before the board of
supervisors, when it is in session for the j)uri:)Ose of canvassing returns.

1268. Copy of register to be filed in county clerk's office.

Sec 1268. As soon as the returns are canvassed the clerk must take the copy
of the remaster I'etxu'ned and file it in his office.

CHAPTER XI.

CANVASS OF RETURNS — DECLARATION- OF RESULT — COMMISSIONS AND
CERTIFICATES OF ELECTION.

1278. Mi'cting of supervisors to canvass returns.

Si.<'. 1278. The board of supenisors of each 'county, except Humboldt, San
Diego and Trinity, must meet at their usual place of meeting on the first Mon-
day after each election, to canvass the returns.

1279. Same.

Sec 1271). The board of suj^ervisors of the counties excepted must each meet
at its usual pla<:e of meeting on the second Monday after each election to can-
vass the returns.

1280. Canvass, when to be postponed.

Si-c. 1280. If at the time of meeting the returns from each i:)recinct in the
county in which i>olls were opened have been received, the board must then and
there i)roceed to canvass the returns; but if all the returns have not been re-
ceived tlie canvass must be postp(jned from day to day until all of the returns
are received, or until six postponements have been had.

(a) 0rl«ii>al wctlon: deliver such packages, without their having been

Sec. li!t;i. The ineiiiber to whom curb parkagcR are opi.-ued, to the county clerk,
delivered uiuat, before the next aucceediug Monday,

204

ELECTIONS, 1281-1288

1£81. Canvases, hoio made.

Sec. 1281. The canvass must be made in public, and by opening the returns
and estimating the vote of such county or township for each person voted for,
and for and against each pi'oposition voted upon at such election, and declare
the resitlt thereof.

1282. Sfafemenf. of result to be entered of record.

Sec. 1282. The clerk of the board must, as soon as the result is declared,
enter on the records of such board a statement of such result, Avhich statement
must show:

1. The whole number of votes cast in the county;

2. The names of the persons voted for, and the propositions voted upon;

3. The office to fill which each person was voted for;

4. The number of votes given at each precinct to each of such persons, and
for and against each of such propositions;

5. The number of votes given in the county to each of such persons, and
for and against each of such propositions,

1283. Declaration of result.

Sec. 1283. The board must declare elected the person having the highest
number of votes given for each office to be filled by the votes of a single county
or subdivision thereof,

1284. Certificates'issued by clerk.

Sec. 1284. The county clerk must immediately make out and deliver to such
person (except to the person elected county judge) a certificate of election,
signed by him, and authenticated with the seal of the county court.

1285. District returns, how made up.

Sec. 1285. When there are officers other than representatives in congress
voted for, who are chosen by the electors of a district composed of two or more
counties, each of the county clerks of the counties composing such district, im-
mediately after making out the statement specified in section 1282, must make
a certified abstract of so much thereof as relates to the election of such officers.

1286. How transmitted.

Sec. 1286. The clerk must seal up such abstract, indorse it " Election Ke-
turns," and without delay transmit the same by mail to the county clerk of the
county w^hich stands first in alphabetical arrangement in the list of counties
composing such district.

1287. Duty of clerk receiving district returns.

Sec. 1287. The clerk to whom the election returns of a district are made
must, on the twentieth day after such election, or sooner, if returns from all the
counties in the district have been received, open in public such returns, and
from them and the statement of the vote for such officers in his own county:

1. Make a statement of the vote of the district for such officers, and file the
same, together with the returns, in his office;

2. Transmit a certified copy of such statement to the secretary of state;

3. Make out and deliver or transmit by mail to the persons elected a certifi-
cate of election (unless it is by law otherwise provided).

1288. State returns, how made.

Sec. 1288. "When there has been a judicial election, or when there has been a
general or special election for officers chosen by the electors of the state at
large, each county clerk, so soon as the statement of the vote of his county is
made out and entered upon the records of the board of supervisors, must make
a certified abstract of so much thereof as relates to the votes given for persons

205

1288^1307 POLITICAL CODE.

for offices to be filletl at such judicial election (except justices of the peace) or
at such general or siiecial elections.

1289. Hoxo transmitted.

Sec. 1289. The clerk must seal up such abstract, indorse it "Election
Returns," and without delay transmit it by mail to the secretary of state.

1290. Duty of secretary of slate relative to.

Sec 1290. On the sixtieth day after the day of election, or so soon as the
returns have been received from all the counties of the state, if received within
that time, the secretary of state must compare and estimate the vote, and make
out and file in his office a statement thereof, and transmit a copy of such state-
ment to the governor.

1291. Commissions issued by (jovernor.

Sec. 1291. Upon receipt of such coj^y the governor must issue commissions
to the persons who from it appear to have received the highest number of votes
for offices, except that of governor or lieutenant-governor, to be tilled at such
election.

1292. Returns of election for governor and lieutenant-governor, liow made.

Sec. 1292. When an election has been held to till the office of governor or
lieutenant-governor, the clerk of each county, in addition to the abstract made
for ti-ansmission to the secretaiy of state, must, as soon as the statement of the
vote of his county is made out and entered upon the record^ of the board of
supervisors, make two certified abstracts of so much thereof as relates to the
vote given for such officers,

1293. Hoxv transmitted.

Sec 1293. The clerk must seal up each abstract separately, and indorse
thereon " Election Returns for governor and lieutenant-governor."

1294. Same.

Sec 1294. He must at once direct one copy to "the sjieaker of the assembly
next to meet," address it to Sacramento, California, and deposit it, post paid,
in the post-office.

1295. Some.

Sec 129.J. The other copy he must direct and address in the same manner,
and at once deliver it to a member elect of the legislature or to a senator who
holds over; and the person to whom it is so delivered must deliver it to the
speaker on or before the second day next after his election.

1296. Canvass of returns of election for governor and lieutenant-governor.

Sec. 129G. The returns of election for governor and lieutenant-governor must
during the first week of the session be opened, canvassed, and the result
declared by the speaker of the assembly in presence of both houses.

1297. Defects inform of returns, ivhen to fje disregarded.

Sec 1297. No declaration of the result, commission, or certificate must be
■withheld on account of any defect or informality in the return of any election,
if it can with reasonable certainty be ascertained from such return what office
is intended, and who is elected thereto.

CHAPTEIl XII.

ELECTION FOR ELECTORS OF PRESIDENT AND VICE-rRESIDENT.

1307. Electors, when chosen.

Sec. 1307. At the general election in each bissextile or leap year, unless by
the laws of the United States another time is fixed, and then at such time, there

20G

ELECTIONS. 1307-1316

must be chosen by the qualified voters of the state, as many electors of presi-
dent and vice-president of the United States as the state is then entitled to.

1308. Returns, how made.

Sec. 1808. The clerk of each county, as soon as the statement of the vote of
his county at such election is made out and entered on the records of the board
of supervisors, must make a certified abstract of so much thereof as relates to
the vote given for persons for electors of president and vice-president of the
United States.

1309. Eoxo transmitted.

Sec. 1309. The clerk must seal up such abstract, indorse it "presidential
election returns," and without delay transmit it to the secretary of state by
mail or in the manner hereinafter prescribed.

1310. Blessenger, when clerk may employ.

Sec. 1310. If the county clerk of any county has reason to believe that the
abstract will not in the due course of mail reach the secretary of state before
the time fixed by law for canvassing the returns of such election, he may, with
the approval of the county judge, employ a person to convey and deliver such
abstract to the secretary of state.

1311. Proof of necessity for and approval of appointment of messenger.

Sec. 1311. In the event provided for in the preceding section the clerk must
make an a£6 davit setting forth the reasons for his belief and the name of the
person employed by him, which alfidavit, with the approval of the county judge
indorsed thereon, must be given to the person appointed, and by him, with the
abstract, must be delivered to the secretary of state.

1312. Compensation of messenger.

Sec 1312. The person appointed by the clerk, after he delivers the abstract
and statement, is entitled to receive as compensation mileage at the rate of thirty
cents a mile from the county seat to the seat of government. His account there-
for, certified by the secretary of state, must be audited by the controller and
paid out of the general fund in the state treasury,

1313. Duties of secretary of state relative to returns.

Sec. 1313. On the last Monday in the month of the election, or as soon as
the returns have been received from all the counties in the state, if received be-
fore that time, the secretary of state must compare and estimate the votes given
for electors, and certify to the governor the names of the proper number of
persons having the highest number of votes.

1314. Duty of governor.

Sec 1314. The governor must, upon the receipt of such certificate, transmit
to each of such persons a certificate of election, and on or before the day of
their meeting deliver to the electors a list of the names of electors, and must
do all other things required of him in the premises by any act of congress in
force at the time.

1315. Meeting of electors.

Sec 1315. The electors chosen must assemble at the seat of government on
the first Wednesday in December next after their election, at two o'clock in the
afternoon.

1316. Vacancies in, how supplied.

Sec 1316. In case of the death or absence of any elector chosen, or in case
the mimber of electors from any cause be deficient, the electors then present
must elect, from the citizens of the state, so many persons as will supply such
deficiency.

207

1317-1343 POLITICAL CODE.

1317. Voling by electors, and 7'cturns.

Sec. 1317. The electors, when convened, must vote by ballot for one person
for jn-esident and one person for vice-president of the United States, one of
wliom, at least, is not an inhabitant of this state.

1318. Separate ballots for president and vice-president.

Sec. 1318. They must name in their ballots the persons voted for as president,
and in distinct ballots the persons voted for as vice-president.

1319. ^fttst make lists ofjyersons voted for.

Sec. 1319. They must make distinct lists of all persons voted for as president,
and of all persons voted for as vice-president, and of the number of votes given
for each.

1320. Besult to be transmitted to president of United States senate.

Sec. 1320. They must certify, seal up, and transmit by mail such lists to the
seat of government of the United States, directed to the president of the
senate.

1321. Compensation of electors.

Sec. 13'21. Electors receive the same pay and mileage as is allowed to mem-
bers of the assembly.

1322. How audited and paid.

Sec 1322. Their accounts therefor, certified by the secretary of state, must
be audited by the controller, who must draw his warrants for the same on the
treasurer, payable out of the general fund.

CHAPTEE XIII.

ELECTIONS FOR MEMBERS OF CONGRESS.

ARTICLE I. Election for Senatoks 1332

II. Election fob Kepbesextativks 1343

AKTICLE I.

ELECTION FOR SENATORS.

1332. Elections for full terms.

Sei'. 1332. Elections for senators in congress for full terms must be held at
the regular session of the legislature next preceding the commencement of the
term to be filled.

1333. Elections to fdl vacancirs.

Sec 1333. Elections to fill a vacancy in the term of a United States senator
must Ixj lield at the session of the legislature next succeeding the occurrence of
such vacancy.

ARTICLE II.

ELECTIONS FOR REPRESENTATIVES.

1343. When held.

Sec 1343. At the general election in the year eighteen hundred and seventy-
three, and at tlio general election every two years thereafter, there must be
elected, for each congressional district, one representative to the congress of
the United States.

(There was " An Act to fix the time for holding elections for members of cou-
greKH and rejK-al certain acts," adopted on April' 1, 1872; 1871-2, 910. It pro-
vidrd !(,r the election of 1872 only. The above section of the code is the
general law now in force. )

208

ELECTIONS. 1344-1360

1344. Returns, how made.

Sec. 1844. The clerk of each county, as soon as the statement of the vote of
his county at such election is made out and entered on the records of the board
of supervisors, must make a certified abstract of so much thereof as relates to
the vote given for persons for representatives to congress.

1345. Hoio transmitted.

Sec. 1345. The clerk must seal vq) such abstract, indorse it " Congressional
Election Returns," and without delay transmit it by mail to the secretary of
state.

1346. Duty of secretary of state relative to.

Sec. 1346. On the sixtieth day after the day of election, or as soon as the
returns have been received from all the counties of the state, if received within
that time, the secretary of state must compare and estimate the votes given for
such representatives, and certify to the governor the person having the highest
number of votes in each congressional district as duly elected.

1347. Certificates issued by governor.

Sec 1347. The governor must, upon the receipt of such certificate, transmit
to each of such persons a certificate of his election, sealed with the great seal
and attested by the secretary of state.

CHAPTEE XIY.

PRIMARY ELECTIONS.

1357. Resolution to hold primary election under election laws.

Sec. 1357. Any committee or body authorized by the rules or customs of a
voluntary political association or organization, to call elections of or for such
association or organization, for any purpose, may, by resolution adopted at the
time of making the call, elect to have such elections conducted in accordance
with the rules prescribed in sections 1083, 1084, 1144, 1145, 1146, 1147, 1148,
1162, 1163, 1164, 1174, 1175, 1192, 1193, 1194, 1195, 1196, 1199, 1200, 1201,
1202, 1203, 1224, 1227, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237,
1238, 1239, 1240, 1241, 1242, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1259
and 1260. [Amendment approved 31arch 26, 1874; Amendments 1873-4, 74; took
effect July 6, 1874.'^'

1358. Resolution, form of.

Sec. 1358. The resolution must declare:

1. The time and j^lace of holding the election and the hours between which
the polls are to be kept open;

2. The names of the persons to constitute the election board;

3. The object of the election;

4. That such election will be held under the provisions of the primary elec-
tion law;

5. The time and manner of the publication of notice of such election;

6. The qualifications required for voters in addition to those prescribed by
law.

1359. Notice, form of.

Sec. 1359. The notice of the election must be signed by the secretary of the
committee or body, and must contain a copy of the resolution, and must be
published as directed in the resolution.

1360. Challenges.

Sec 1360, In addition to the challenges allowed by law, any person offering

(a) The original section did not refer to sections 1192, 1193, 1194, 1195, 1196 and 1199.

14 209

13C0-13S5 POLITICAL CODE.

to vote at such election may be challenged upon the grounds that be does not
possess the other qualiticatiuns prescribed in the resolution, and such challenges
must be tried and determined by the board of election, who to that end may
administer an oath to such persons, and may ask them any question tending to
prove or disprove the challenge.

1361. yo)te but qualifit'il persons to participate.

Sec. 13G1. None but persons who possess the qualifications prescribed by law
and by the resolution must vote or participate in any of the proceedings at such
election.

1362. Betunis, hoiv made.

Stc. 1362. After counting the votes and signing the lists the judges must
cause the ballots and one copy of the lists to be delivered to the secretary sign-
ing the notice of election, and one of the judges must retain the other lists for
twenty days after the election.

1363. Certificates to be issued by board of judges.

Sec. 1303. The board of election must issue certificates of election to all per-
sons who are chosen to fill any position by the vote of one jn-ecinct alone.

1364. Canvass of returns and certificate by committee.

Sec 130-4. The committee or body from which emanated the resolution call-
ing the election may, under such rules as it adopts, oj)en and canvass the
returns and issue certificates to persons chosen to fill positions by the voters of
more than one precinct.

1365. What pi-ovisions of laiv applicable to these elections.

Sec 1305. All of the provisions of Title IV, Part I of The Penax Code, and
all the provisions of the sections referred to in the first section of this chapter,
are ajiplicable to elections held under the provisions of this chapter from and
after the last i^ublication of the notice mentioned in section 1359.

[Title IV, Part I of The Penal Code, will be found post, 13,041.]

TITLE III.

(fiMsratioiu

Chapter I. University of California 1385

II. State Normal School 1487

III. Public Schoois 1517

CHAPTER I.

UNIVERSITY OF CALIFORNIA.
AKTici.r I. Gkski:al Pbovisions Rklatino to the University 1385

II. E.SKOWMKNT OK THK UniVKUSITY 1415

III. Rkoknth of thk Univkusity 1425

IV. Skcuktahv of thk HoAiiij OF Rkokni s 1449

V. \CADKMIC SkNATK OF THK UnIVKKHITY 1461

VI . UNivEimmr Cai>kth 1473

ARTICLE I.

OENERAL provisions relating to the UNrVERSITV.

1335. Object of nnirersily.

Sec. 1385. The university of California, located in Alameda county, has for

210

EDUCATION. 1385-1394

its object general instruction and education in all the departments of science,
literature, art, industrial and professional pursuits, and special instruction for
the professions of agriculture, the mechanic arts, mining, military science, civil
engineering, law, medicine, and commerce.

1386. Colleges to be maivtained.

Sec. 1386. There must be maintained in the university:

1. A college of letters;

2. A college or colleges of science, including agriculture, mechanics, mining,
engineering, chemistry, and such other specialties as the board of regents may
determine;

3. College of medicine and law;

4. Such other colleges as the board of regents may establish. [Amendment,
approved March 30, 1874; Amendments 1873-4, 31; took effect July 6, 1874.^">

1387. Scope of college of letters.

Sec. 1387. The college of letters must embrace a liberal course of instruction
in language, literature, and philosophy.

1388. Course of instruction.

Sec. 1388. Each full course of instruction consists of its appropriate studies
and courses, to be determined by the board of regents. [Amendment, approved
March 30, 1874; Amendments 1873-4, 31; took effect July 6, 1874.^''^

1389. President of university.

Sec. 1389. The president of the university is the executive head of the insti-
tution in all its departments, except as herein otherwise provided.

1390. Duties of president.

Sec 1390. He must, subject to the board of regents, give general direction
to the practical affairs of the several colleges, and in the recess of the board of
regents may remove any employee or subordinate officer not a member of any
faculty, and supply for the time being any vacancies thus created; and until
the regents otherwise direct he is charged with the duties of one of the profes-
sorships.

1391. Government and discipline.

Sec 1391. The immediate government of the several colleges is intrusted to
their respective faculties, each of which must have its own organization, regu-
late its own affairs, and may recommend the course of study and the text-books
to be used.

1392. Students.

Sec 1392. Any resident of California of the age of fourteen years or uj^wards,
of approved moral character, may enter himself in the university as a student
at large, 'and receive tuition in any branches of instruction at the time when the
same are given in their regular course, on such terms as the board of regents
may prescribe.

1393. Fees and rates of tuition.

Sec 1393. An admission fee and rate of tuition fixed by the board of regents
must be required of each pupil, excej)t as herein otherwise pro\'ided.

1394. Free tuition, luhen.

Sec 1394. As soon as the income of the university shall permit, admission
and tuition must be free to all residents of the state; and the regents must so
apportion the representation of students according to population that all por-
tions of the state may enjoy equal privileges therein.

(a) The original section had the Becond and third (6) Original section:

Bubdivisions as follows: Sec. 138«. Each full course of instruction consists of

2. Colleges of law and medicine ; its appropriate studies, and must continue for four

3. Colleges of arts, as follows: of agriculture, mines years,
and civil engineering ; and,

211

1395-1403 POLITICAL CODE.

1395. Free scholar sliip.

Sec. 1395. If approveil liy the board of regents, scliolarsliips may be estab-
lisbeil in the university by any persons for the purpose of private benefaction
or of afibrding tuition in any course of the university, free from the ordinary
charges, to any scholar in the public schools of the state who may distinguish
himself in study, according to the recommendation of his teachers, and who
passes the examination required for the grade at which he wishes to enter the
university.

1396. Colleges may be affiliated v.-ith university.

Si:c. 139G. The board of regents may affiliate with the university any incor-
porated college of medicine, law, or other special course of instruction, upon
such terms as may be deemed expedient; and such college may retain the con-
trol of its own proi^ei'ty, have its own board of txiistees, faculties, and presidents,
respectively; and the students of such colleges, recommended by the respective
faculties thereof, may receive from the university the degrees of those colleges.

1397. Annual examination for degrees.

Slc. 1397. The examinations for degrees must be annual. Students who have
jja-ssed not less than a year as residents in any college, academy or school in
this state, and who, after examination by the faculty thereof, are recommended
by them as proficient candidates for any degree in any regular course of the
university, must be examined therefor at the annual examination; and on pass-
ing ,such examination may receive the degree and diploma for that course, and
rank as graduates.

1398. Annual examination for degrees.

Sec 1398. All students of the university who have been residents thereat for
not less than one year, and all graduates thereof, may present themselves for
(■xuminatiou in any course at the annual examinations, and, on passing such
examination, may receive the degree and diploma of that course. [Amendment,
opproved March 30, 1874; Amendments 1873-4, 31; took effect July G, 1874.^"'

1399. Votes for conferring degree.

Sec. 1399. Ui)on such examinations each professor and instructor of that
course may cast one vote, by ballot, upon each application for recommendation
t'j the board of regents for a degree.

1400. Degrees to graduates of affiliated colleges.

Sec 1400. Graduates of the College of California, and of aiiy incorporated
college aflfdiated with the university, may receive the degrees from and rank as
^.Taduates of the university.

1401. Certificati's (f proficiency.

Skc 1401. The l)oard of regents may also confer certificates of proficiency in
any branch of study upon such students of the university as upon examination
are found entitled to the same.

1402. Jjrgrees.

Sec. 140li. The proper degree of each college must be conferred at the end of
the course upon such students as, having completed the same, are found pro-
ficient therein.

1403. Ihgrees in colleges of letters.

Sec 1403. The degree of bachelor of arts, and afterwards the degree of mas-
ter of arts, in usual course, must 1)e conferred upon the graduates of the college
of letters.

(a) The orlfrinhl Hntioii had the wordn " in ony courfic " iustcaU of " thireof," and the word " other " before
the wurdH " cuumc ut the nunual cxuniinatiouK."

212

EDUCATION. 1404-1415

1404. System of manual labor in connection ivith agricultural college.

Sec. 1404. A sj'stem of moderate manual labor must ho establislied in con-
nection with the agricultural college, upon its agricultural and ornamental
grounds, for practical education in agriculture and landscape gardening.

1405. Sectarian, etc., tests irrohibifed.

Sec. 1405. No sectarian, political, or partisan test must ever be. allowed or
exercised in the appointment of regents, or in the election of professors, teach-
ers, or other officers of the university, or in the admission of students thereto,
or for any jDurpose whatsoever; nor must the majority of the board of regents
be of any one religious sect or of no religious belief.

An Act to prohibit the sale of intoxicating liquors within two miles of the university of

California.

Appi-ovea December 23, 1873; 1S73-4, 12.

No liquor to be sold within two miles of university.

Section 1. It shall not be lawful for any person or persons to keep or expose
for sale, or sell, or give, or permit others to take, for a consideration, directly or
indirectly, any malt, spirituous, or other alcoholic liquors, upon or within two
miles of the grounds belonging and adjacent to the university of California
in Alameda county.

Penalty.

Sec. 2. Any violation of section first of this act, shall be deemed a misde-
meanor, punishable by fine, or imprisonment in the county jail of Alameda
county, or both. The fine to be not less than fifty dollars nor more than one
hundred dollars; and the imprisonment to be not less than thirty nor more than
ninety days for each offense.

Sec. 3. This act shall take effect from and after the first day of February,
one thousand eight hundred and seventy -four.

An Act to provide a supply of water for the university, and for the asylum for the deaf,

dumb and blind.

Approved April 1, 1876; 1875-6, 816.

[This act provided for the condemnation for the use of the university and
asylum for the deaf, dumb, and blind, of any springs or natural sources of water
supply within a mile and a half of the university grounds.]

ARTICLE II.

ENDOWMENT OF THE UNIVERSITY.

1415. Endowment.

Sec. 1415. The indorsement [endowment] of the university is:

1. The proceeds of the sale of the seventy -two sections of land granted to the
state for a seminary of learning;

2. The proceeds of the ten sections of land granted to the state for public
buildings;

3. The income derived fi-om the investments of the proceeds of the sale of
the lands or of the scrip therefor, or of any part thereof, granted to this state
for the endowment, support, and maintenance of at least one college where the
leading object shall be — without excluding other scientific and classical studies,
and including military tactics — to teach such branches of learning as are related
to agriculture and the mechanic arts;

4. The income of the fund set apart by " An Act for the endowment of the
university of California," approved April second, eighteen hundred and seventy,
which is continued in force;

6. The State of California, in its corporate capacity, may take by grant, gift,

213

Ulo-1430 POLITICAL CODE.

devise, or bequest, any property for the use of the university, and hold the
same, and apply the funds arising therefrom, through the regents of the univer-
sity, to the support of the university, as provided in article nine, section four,
of the constitution;

7. The regents of the university, in their corporate capacity, may take, by
grant, gift, devise, or bequest, any property for the use of the university, or of
any college thereof, or of any professorship, chair, or scholarship therein, or
for the libraiy, an observatory, workshops, gardens, greenhouses, apparatus,
a students' loan fund, or any other purpose appropriate to the university; and
such property shall be taken, received, held, managed, and invested, and the
proceeds thereof used, bestowed, and applied by the said regents for the pur-
poses, provisions, and conditions prescribed by the respective grant, gift, devise,
or bequest;

8. The regents of the univei'sity may invest any of the permanent funds of
the university, which are now or hereafter may be in their custody, in produc-
tive, unincumbered real estate in this state, subject to the power of the legisla-
ture to control or change such investments, excepting such as, by the terms of
their acquisition, must be otherwise invested;

9. If, by the terms of any grant, gift, devise, or bequest, such as are described
in the preceding sixth and seventh subdivisions, conditions are imposed which
are impracticable under the provisions of the Civil Code, such grant, gift, de-
vise, or bequest, shall not thereby fail, but such conditions shall be rejected, and
the intent of the donor carried out as near as may be. [Amei^dmejit, approved
March 30, 1874; Amendments 1873^, 31; took effect July 6, 1874.'''>

AETICLE III.

REGENTS OF THE UNIVERSITY.

1425. rnivey'sily coidrolled by regents.

Sec. 1425. The university is under the control of a board of regents, consist-
ing of twenty -two members; but the president of the university, for the time
being, shall be a member of the board of regents, by virtue of his office.
\Amendment, approved March 30, 1874; Amendments 1873-4, 33; took effect July
6, 1874."'>

1426. Sixteen regents appointed by the governor.

Sec. 142G. Sixteen members of the board are appointed by the governor,
with the ad\'ice and consent of the senate. Their term of office is sixteen years.

1427. Six other regents, appointment of.

Sec. 1427. Six members of the board hold by virtue of other offices, as pro-
vided in section 353.

1 4 28 . I 'd ca n cies .

Sec. 1428. AVlienever a vacancy occurs in the board, the governor must ap-
point some jjerson to fill it, and the person so appointed holds for the re-
mainder of the term.

1429. President of the board.

Sec. 1429. The governor is president of the board.

1430. Quorum.

Sec. 1430. Sevrn hk mbers constitute a quorum of the board.

(a) The oriKinal Bt-rlifjn rlld nfit have the Blxth, for, or of any part thereof , granted to this Btate for the

Bcventh. eighth anrl ninth milHllvlhlrjnK. but it had a benefit of agriiultiire and the mechanic arts.
"5. nonntiont*." The thir.l whk an follown: (fc) The original section did not have the Inst clause,

3. The inrouift derived Iroiii the iuvestuient of tho commencing with the words " but the president."
proceeds of the sale of the lauds, or of the scrip there-

214

EDUCATION. 1431-1434

1431. Regents receive no compensation.

Sec. 1431. The members receive no compensation.

1432. General powers and duties of regents.

Sec. 1432. The powers and duties of the board of regents are as follows :

1. To meet at such times and places as their rules may prescribe, or at the
call of the president of the board;

2. To control and manage the university and its property;

3. To jDrescribe rules for their own government, and for the government of
the university;

4. To adopt and prescribe rules for the government and discipline of the
cadets;

5. To receive, in the name of the state, or of the board of regents, as the case
may be, all property donated to the university;

6. To choose a president of the university, the professors and other officers
and employees of the university, prescribe their duties, fix and provide for the
j^ayment of their salaries;

7. To fix the qualifications for admission to the benefits of the university;

8. To fix the admission fee and rates of tuition;

9. To appoint a secretary and treasurer, prescribe their duties, and fix and
provide for the payment of their compensation;

10. To remove, at pleasure, any officer, professor or employee of the univer-
sity;

11. To suj^ervise the general courses of instruction, and, on the recommenda-
tion of the several faculties, prescribe the authorities and text-books to be used
in the several colleges;

12. To confer such degTees, and grant such diplomas, as are usual in univer-
sities, or as they deem appropriate;

13. To establish and maintain a museum;

14. To establish and maintain a library;

15. To take immediate measures for the permanent improvement and planting
of the university grounds;

16. To keep a record of all their proceedings;

17. Through the president of the university, to report to the governor the
progress, condition and wants of each of the colleges embraced in the university;
the course of study in each, the number of professors and students, the amount
of receipts and disbursements, together with the nature, cost and results of all
important investigations and experiments, and such other information as they
may deem imjDortant. [Amendment, approved Naixh 30, 1874; Amendments
1873-4, 33; took effect July 6, 1874.'^^

1433. Income arising from endoivment at disposition of regents.^

Sec. 1433. The entire income arising from the endowment is subject to the
trusts at the disposition of the board of regents for the support of the univer-
sity.

1434. Fund to be set apart for current expenses.

Sec 1434. For the current expenditures of the university specific sums of
money must be set aside, out of the funds at their disposal, by the board of
regents, which are subject to the warrants of the president of the board, drawn
upon the treasurer of the university in j)ursuance of the orders of the board of
regents.

(a) The original section had eighteen subdivisionB, as are usual in universities, or as they deem appro-

the fifth, twelfth and fifteenth of which were as f ol- priate ;

lows: 15. To maintain a preparatorj- department, under

5. To receive, in the name of the university and for such rules and regulations as it may provide, and to

its benefit, all property donated to it; employ such teachers, and secure such buildings, by

12. To confer such degi-ees and grant such diplomas purchase or otherwise, as are necessary therefor.

215

1435-U50 POLITICAL CODE.

1435. Funds mm/ be drawn from state treasurer.

Sec. 1435. All moneys which may at any time be in the state treasury,
subject to the use of the board of regents, may be drawn therefrom by the
lu-esident of the board, upon the order of the board, in favor of the treasurer of
the university. [Amendment, approved Mareh 30, 1874; Ameyidmerds 1873-4, 35;
iuok elf'ect July 6, 1874.^"^

1436. Construction of buildings.

Sec. 143G. The regents must cause to be constructed such buildings as are
needed for the use of the university.

1437. Plan of buildings.

Sec. 1437. The plan adoj^ted in the construction of buildings must provide
separate buildings for separate uses, and so group all such buildiugs that a
central building may bring the whole in harmony as part of one design.

1438. Bids for construction and furnishing buildings.

Sec 1438. The construction and furnishing of the buildings must be let out
to the lowest responsible bidder, after advertisement for not less than ten days
in at least two daily newspapers published in the city of San Francisco; but the
regents may reject any bid, and advertise anew.

1439. Temporary buildings.

Sec 1439. Until the university buildings are ready for use, the regents may
make temjjorary arrangements for buildings at Oakland.

AKTICLE IV.

SECllETAKY OE THE BOARD OF REGENTS.

1449. Qualif cations and choice of secretary.

Sec. 1449. A practical agriculturist, competent to superintend the working of
the agricultural farm and to discharge the duties of secretary of the board of
regents, must be chosen by the board as their secretary.

1450. Residence and duties of secretary.
Sec 1450. The secretary must:

1. Reside and keep his office at the seat of the university;

2. Keep a record of the transactions of the board of regents, which must be
oi^en at all times to the insijection of any citizen of this state;

3. Have the custody of all books, papers, documents, and other property
which may be deposited in his office;

4. Keep and file all reports and communications which may be made to the
university appertaining to education, science, art, husbandry, mechanics, or
mining;

5. Address circulars to societies and others, soliciting information upon the
latest and best modes of culture of the products adapted to the soil and climate
of the state, and on all subjects connected with field culture, horticulture, stock
raising, and the dairy;

6. CorresjKUid witli established schools of mining and metallurgy in Europe,
and obtain inforinatiun respecting the improvements of mining machinery
adapted to California;

7. Coirespond with tlie patent office at Washington, and with the representa-
tives of tlie government of the United States abroad, to procure contributions
to agriculture from these sources; receive and distribute seeds, plants, shrub-
ber}-, and trees ada^tted to our climate and soils, for the purposes of exjieri-
ment;

(a) The original section did not have the words " of the board " after the word " president."

210

EDUCATION. 1450-1475

8. Obtain contributions to the museums and the library of the university;

9. Keep a correct account of all the executive acts of the president of the
university;

10. Keep an accurate account of all moneys received into the treasury or
paid therefrom;

11. Distribute the seeds, plants, trees, and shrubbery received by him, and
not needed by the university, equally throughout the state, to farmers and
others who \\:ill agree to cultivate them properly and return to the secretary's
oflQce a reasonable proj:)ortion of the products thereof, with a statement of the
mode of cultivation, and such other information as may be necessary to ascer-
tain their value for cultivation in the state;

12. Publish from time to time in the newspapers of the state, free of charge,
information relating to agriculture, the mechanic arts, mining, and metallurgy.

1451. Term and compensation.

Sec. 1451. The secretary holds office at the pleasure of and receives the com-
pensation fixed by the board.

AETICLE V.

ACADEMIC SENATE OF THE UNIVERSITY.

1461. Academic senate.

Sec. 1461. The academic senate is composed of the faculties and instructors
of the university.

1462. General powers of .

Sec. 1462. The senate must conduct the general administration of the univer-
sity, regulate the general and special courses of instruction, receive and deter-
mine all appeals from acts of discipline enforced by the faculty of any college,
and exercise such other powers as the board of regents may confer upon it.

1463. Proceedings of.

Sec 1463. Its proceedings must be conducted according to rules of order
adopted by it, and every person engaged in instruction in the university may
participate in its discussions; but the right of voting is confined to the president
and the j)rofessor8.

ARTICLE VI.

UNIVERSITY CADETS.

1473. University cadets.

Sec 1473. The students of the university must be organized into a body
known as the " University Cadets."

1474. Officers of cadets.

Sec 1474. The officers of cadets, between and including the ranks of second
lieutenant and colonel, must be selected by the chief military instructor, with
the assent of the president of the university, and must be commissioned by the
governor. [Amendment, approved Ilarch 30, 1874; Amendments 1873-4, 35; took
effect July 6, 1874.^'"

1475. Equipment of cadets.

Sec. 1475. The adjutant-general of the state must issue such arms, munitions,
accoutrements, and equipments to the university cadets as the board of regents
may require and the governor approve. [Amendment, approved March 30, 1874;
Amendments 1873-4, 35; took effect July 6, 1874.^''>

(a) Original section; capacity for command, and must be commissioned by

Sec. UU. The officers of cadets, between and in- the governor,

eluding the ranks of second lieutenant and colonel, (b) The original section did not have the words

must be elected by the academic senate after a com- " arms " or " accoutrements."
petitlve examination, involving both scholarship and

217

U70-U89 POLITICAL CODE.

1476. Retired officers of.

Sec. 1-476. Upon graduating or retinng from tlie university, such officers
may resign their commissions or hokl tlie same as retired officers of the uni-
vex^ity cadets, liable to be called into sei^ice by the governor in case of war,
invasion, insurrection, or rebellion.

1477. Report of military instructor.

Sec, 1477. The military instructor must make quarterly rej^orts to the ad-
jutant-general of the state, showing the number, discipline, and equipments of
the cadets.

CHAPTEE II.

STATE NORMAL SCHOOL.

1487. Object of school.

Sec. 1487. The state normal school, located at San Jose, has for its object
the education of teachers for the public schools.

1488. Under control of hoard of trustees.

Sec. 1488. It is under the management and control of a board of trustees,
constituted as provided in Title I of Part III of this Code. [See ante, 354.]

1489. General poioers and duties of board.

Sec. 1489. The powers and duties of the board of trustees, are as follows:

1. To prescribe rules for their own government, and for the government of
the school;

2. To j)rescribe rules for the reports of officers and teachers of the school,
and for visiting other schools and institutes;

3. To prescribe the course of study, and the time and standard of graduation;

4. To prescribe the text-books, ajiparatus, and furniture, and provide the
same, together with all stationery, for the use of the pupils;

5. To establish and maintain training or model schools, and require the
pupils of the nonnal school to teach and instruct classes therein;

6. To elect a principal and other necessary teachers, fix their salaries and
prescribe their duties;

7. To issue diplomas of graduation upon the recommendation of the faculty
of the school;

8. To control and expend all moneys appropriated for the support and main-
tenance of the school, and all moneys received for tuition, or from donations;
in no event shall any moneys aj^propriated for the support of the schqol, or re-
ceived from tuition or donations, be paid or used for compensation or traveling
expenses of the trustees of the school;

9. To keep a record of their proceedings;

10. To keep open to public inspection an account of receipts and expenditures;

11. To annually report to the governor a statement of all their transactions,
and of all mutters pertaining to the school;

12. To transmit with such report a copy of the principal teacher's annual
report.

13. To revoke any diploma by them granted, on receiving satisfactory evi-
dence that the holder thereof is addicted to drunkenness, is guilty of gross
immorality, or is reputably dishonest in his dealings; 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. [Amendment, ap-
proved March 30, 1874; Amendments \Kl'i-4c, 75; took effect immediately.^"''

(a) The original sftction did not have the thirt' . ntli 7. To issue certificates of standing and of gradua-
BiibdiviHion. In the eighth It ilid not have the hist tiou.
clauHe commencing with the words "in no event."
The seventh tjubdivibi ju was as followB;

218

EDUCATION 1490-1502

1490. Begidar meetings of hoard.

Sec. 1490. The board must hold two regular meetings in each year.

1491. Special meetings of hoard.

Sec, 1491. It may hold special meetings at the call of the secretary.

1492. Time and place of meeting of hoard.

Sec. 1492. The time and place of regular meetings must be fixed by the by-
laws. The secretaiy must fix and give written notice of the time and place of
special meetings.

[Sec. 1493*^*^ was repealed by act approved March 30, 1874; Amendments
1873-4, 79; took effect immediately.]

1494. General qualifications for admission as pvpil.

Sec 1494. Every jjerson admitted as a pupil of the normal school course
must be :

1. Of good moral character;

2. Of sixteen years of age;

8. Of that class of persons who, if of a proper age, would be admitted in the
public schools of this state without restriction. [Ame7idment, approved March
30, 1874; Amendments 1873-4, 76; took effect immediately.^^''

1495. Pupils from state at large.

Sec 1495. Teachers holding state certificates of the first or second gi'ades
may be admitted from the state at large.

1496. Pupils from other states.

Sec 1496. Persons resident of another state may be admitted upon letters of
recommendation from the governor or superintendent of schools thereof.
[Amendment, approved llarch 30, 1874; Amendments 1873-4,77; took effect im-
mediately.^"''

1497. Pupils to file certain declaration.

Sec. 1497. Every person making apj)lication for admission as a puj^il to the
normal school must, at the time of making such application, file with the prin-
cipal of the school a declaration that he enters the school to fit himself for
teaching, and that it is his intention to engage in teaching in the public schools
of this state, or in the 'state or territory where the applicant resides. [Amend-
ment, approved March 30, 1874; Amendments 1873-4, 77; took effect immediately .^^^

[Sees. 1498, 1499 and 1500 '^> were repealed by act approved March 30, 1874;
Amendments 1873-4, 79; took effect immediately.]

1501. Pi'incipal to make annual report.

Sec 1501. The principal of the school must make a detailed annual reiDOi-t to
the board of trustees, with a catalogue of the j^upils, and such other particulars
as the board may require or he may think useful,

1502. To attend county institutes.

Sec 1502. He must also attend county institutes, and lecture before them on
subjects relating to public schools and the profession of teaching.

(a) Repealed section: retary a cTeclaration that lie enters the school to fit

Sec. 1493. At one of the regular meetings in each himself for teaching, and that it is his intention to

year the board must determine the number of pupils engage in teaching in the public schools of this state,

to be admitted from the counties, and this number ( e) Repealed sections:

must be apportioned among the counties in proiior- Sec. 1498. The board of examiners of each county

tion to the number of members of the assembly from must, before the first day of May in each year, hold

each. ■ competitive examinations of all qualified persons de-

(6) The original section did not have the words " of siring to be admitted from such county as jiupils in

the normal school course," and in the second sub- the normal school.

division it had the words "over sixteen" instead of Sec. 1499. Such examinations must be held in the

" of sixteen." same manner as examinations for third grade county

tional words, " and upon payment of one hundi-ed dol- Sec. 1500. Persons passing such examination must,

lars." in the order of their proficiency to the number appor-

(d) Original section: tioned to such county, upon the certificate of the board
Sec. 1497. Every person resident of this state must, of examiners, be admitted as pupils of the noi-mal

upon admission as a pupil, sign and file with the sec- school.

219

1503-1507 POLITICAL CODE.

1503. Diplomas and certificates, xdhen to issue.

Sec. 1503. Tpon the recommendation of the faculty of the scliool, the board
of trustees may issue to those who worthily complete the full course of study
and training prescribed, a diploma of graduation. To the persons receiving
this diploma, the state board of examination shall grant a first-grade state
certificate. In like manner they shall issue to those who worthily complete the
post graduate course, a professional diploma. To the persons receiving this
diploma, the state board of examination shall grant an educational diploma;
and they may, at their discretion, issue an elementaiy diploma to those who
worthily comj^lete such part of the course of study and training as may be
prescribed. To the persons receiving this diploma, the state board of education
shall grant a second-grade state certificate. [Amendment, apjjroved March 30,
1S74; Amendments l^lZ-4:, 11; took effect immediately ^^

1504. Secretary of hoard of trustees.

Sec 1504. The board of trustees shall have power to appoint a secretaiy, who
shall receive no compensation. A full record of all the proceedings of the
board of trustees shall be kept at the school, and shall be open to public inspec-
tion. [Amendment, approved March 30, IST-l; Amendments 1873-4, 78; took
efTect immediately .^^^

1505. SujJO^ision by superintendent ofjniblic instruction.

Sec. 1505. The suiDerintendent of public instruction must visit the school
from time to time, inquire into its condition and management, enforce the
rules and regulations made by the board, require such reports as he deems
jiroper from the teachers of the school, and exercise a general supervision over
the same. [Amendinod, approved March 30, 1874; Amendments 1873-4, 78;
took effect immediately.^"''

1506. Biennial appropriation to be made.

^Skc. 150G. The sum of twenty-four thousand dollars must be api)ropriated
biennially, out of any moneys in the general fund not otherwise aj)proj)riated,
one half of which appro})riatiou must be set apart at the commencement of each
fi.scal year to support the state normal school. "Whenever, at the close of any
fiscal year, a balance remains to the credit of the state normal school fund, such
balance must be carried forward and added to the approj)riation for the suc-
ceeding year.

1507. Orders on controller, how drawn.

Skc. 1507. All orders upon the controller of state by the board of trustees,
must be signed by the })resident of the board, and countersigned by the secre-
tan,-. L'pon presentation of the order aforesaid, signed and countersigned as
af(jresaid, the controller of state must draw his warrant on the state treasurer
ill favor of the board of trustees for the moneys, or any part thereof, appropri-
ated and set apart for the support of the normal school, and the treasurer must
pay such warrant on presentation. [Amendments, approved March 30, 1874;
Amendments 1873-4, 78; took effect immediately.^^'

[The following acts in relation to the state normal school may here be referred
to:J

(1) Orliflnal nf;rtlon: from time to tiiim, inquire into its oondition and niau-

Skc. \M\. Kv<ry i)<-n«>n liolrllnj; n diploma iRBuert by ngcincut, enforce the rules and rcKulatioiiK mad" by the

the liounl of tnihtci'K of the normal Kc'hool may tench in board, require Kuch reijorts as he deems iiroper from

the i)ubllc- Hchords of this htate for the time uud in the tctachers of the school and ofli<ers of the boarding-

tbc grade jireHcHlied by the <llidomu. house, and exercise a general supervision over the

(6) OrlginHl wi tlon: same.

8Er;. \hkii. The huperliit<-ndent of public Instruction (</) The original section read, " when ordered by

is the secntary and executive agent of the board. the board of trustees, the controller must draw his

Bec. 15Ui. Aii Buch agent he luiuit visit the school umeudmeut after " state treasurer."

220

EDUCATION. 1507-1518

An Act to provide for finishing the state normal school building and paying the indebted-
ness incurred in the construction thereof.

Approved March 29, 1872; 1871-2, 6G9.

[This act, as its title imports, provided for the completion of the state normal
school building- at San Jose. J

An Act making an ai^propriatiou for the purchase of aj^iiaratus for the state normal school.
Approved March 23, 1874; 1873-4, 518.

[This act approjiriated $3000 for the purpose indicated in the title.]

An Act to appropriate monej^ to complete the state normal school building and for the im-
proving of the grounds.

Approved March 25, 1874 ; 1873-4, G03.

[This act appropriated $25,000 for the purpose indicated.]

An Act to appropriate the sum of $13,000 to make certain repairs on the state normal school
and to provide furniture therefor, and also to provide for a deiiciency in the appropriation for
the twenty-sixth and twenty-seventh fiscal years, for said school.

Approved March 25, 1876; 1875-6, 482.

[This act appropriated $13,000 for the purposes indicated in its title.]

CHAPTER III.

PUBLIC SCHOOLS.

Aeticle I. State Boaed of Education 1517

II. Supeeintendent of Public Insteuction 1532

III. School Supeeintendents ...» 1542

IV. Teachees' Institutes 1560

V. School Disteicts 1575

VI. Elections foe School Teustees 1593

VII. BoAEDs OF Trustees of School Districts and City Boards of Education. 1613

VIII. District Census Marshals 1634

IX. Cleeks of School Districts 1649

X. Schools 1662

XI. Pupils 1683

XII. Teachers 1696

XIII. Disteict Libraries 1712

XIV . Educational Journal 1726

XV. State Board of Examination 1741

XVI. County Boards of Examination 1768

XVII. City Boards of Examination 1787

XVIII. County School Tax 1818

XIX. District School Tax 1830

XX. General Provisions Relative to School Funds and Taxes 1857

XXI. Miscellaneous Provisions relating to Public Schools 1871

ARTICLE I.

STATE BOARD- OF EDUCATION.

1517. Board, how constituted.

Sec. 1517, The state board of education consists of the governor, the super-
intendent of public instruction, the principal of the state normal school, and
the school superintendents of San Francisco, Sacramento, Santa Clara, Alameda,
Sonoma, and San Joaquin counties.

1518 Organization of.

Sec. 1518, The governor is the president, and the superintendent of public
instruction the secretary of the board.

221

1510-1532 POLITICAL CODE.

1519. Concurrence of a innjority of all members necesmrij.

Sec. 1519. A concuiTeuce of a majority of all the members is necessai^ to the
valiility of any act of the board.

1520. JTeedngs of.

Sec. 1520. The board meets at the call of the secretary, and not less than

twice in each year.

1521. General powers and duties.

Sec. 1521. The powers and duties of the board are as follows:

1. To adopt rules and regulations, not inconsistent with the laws of this
state, for its own government, and for the government of the public schools
and district school libraries;

2. To prescribe and enforce rules for the examination of teachers;

3. To prescribe a standard of proficiency before a county board of examina-
tion which will entitle a person examined by such board to a state certificate ;

4. To prescribe and enforce the course of study in the public schools;

5. To prescribe and enforce the use of a uniform series of text-books in the
public schools, except in the city and county of San Francisco;

6. To adopt a list of books for district school libraries;

7. To grant or to revoke, for immoral or unprofessional conduct, profanity,
intemperance, or evident unfitness for teaching, life diplomas;

8. To review, on appeal, an order revoking a state certificate or diploma;

9. To have done by the state printer, or other officer having the manage-
ment of the state printing, any printing required by it;

10. To adopt, and use in the authentication of its acts, an official seal;

11. To keep a record of its proceedings. \ Amendment, ap2Jroved J/arc/i 13,
1874; Amendments 1873-4, *79; took effect from passage.^"^

1522. Traveling expenses:

Sec. 1522. The actual traveling expenses of the members incurred in attend-
ing the meetings of the board must be audited by the controller, and paid out
of the general fund in the state treasury.

ARTICLE II.

SUPERINTENDENT OF PUBLIC INSTRUCTION.

1532. Gnxoral duties of superintendent.

Sec. 1532. It is the duty of the superintendent of public instruction:

1. To superintend the public schools in this state;

2. To report to the governor, on or before the fifteenth day of November, of
the years on which the regular session of the legislature arfe held, a statement
of the condition of the state normal school and other educational institutions
Bupportf'd by the state, and of the public schools;

3. To accompany his report, tabular statements, showing the number of school
children in tlie state; the number attending public schools, and the average
attendance; the number attending private schools, and the number not attend-
ing schools; the amount of state school fund apportioned, and sources from
which derived; the amount raised by county and district taxes, or from other
soiirces of revenue, for school purposes; and the amount expended for salaries
of teachers, and for building schoolhouses;

4. To apportion the state scliool funds, and furnish the controller, state

(a) Thf- oritfinHl Kfction diffi-rid In Uii- lifDi, Kivciith 7. To ((rant lifo tliplomas;
and nintli KubdivihiouB, which w<t(: uh followH: '.). To hiivf; done by the utate printer any printing re-

6. To pr'-Hiribe and enforce the iiKf of a uiiifomi quired by it.
serieB of text-books in the public Hcho(dK, except lu In-
corporated citiea and towns;

222

EDUCATION. 1532-1543

board, of examiners, and each county treasurer and county superintendent, with
an abstract of siicli ai^portioninent;

5. To draw bis order on the controller in favor of each county treasurer, for
the school moneys apportioned to the county;

6. To prepare, have printed, and furnish to all officers charged with the
administration of the laws relating to public schools, and to teachers, such
blank forms and books as may be necessary to the discharge of their duties;

7. To have the law relating to the public schools printed in a jiamphlet form,
and annex thereto forms for making reports and conducting school business,
the course of study, rules and regulations, a list of text-books and library
books, and such suggestions on school architectui-e as he may deem useful;

8. To supply school officers and teachers, school libraries, and state libraries
with one copy each of the pamphlet mentioned in the preceding subdivision;

9. To visit the several orphan asylums to which state appropriations are
made, and examine into the course of instruction therein;

10. To visit the schools in the different counties, and inquire into their con-
dition; and the actual traveling expenses thus incurred, provided they do not
exceed fifteen hundred dollars, shall be allowed, audited, and paid out of the
general fund in the same manner as other claims are audited and paid;

11. To authenticate, with his official seal, all drafts, or orders drawn on him,
and all papers and writings issued from his office;

12. To have bound, at an annual exj)ense of not more than one hundred and
fifty dollars, all valuable school reports, journals, and documents, in his office,
or hereafter received by him, payable out of the state school fund;

13. To deliver over, at the 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 been received by him for the
use of his office. [Amendment, approved March 28, 1874; Amendments 1873-4,
8G; took effect from passage}^''

1533. Annual report to controller of number of children.

Sec. 1533. The superintendent of public instruction must report to the con-
troller, on or before the tenth day of August, of each year, the total number of
children in the state between the ages of five and seventeen years, as shown by
the latest reports of the school superintendents on file in his office. [New sec-
tion, approved March 13, 1874; Amendments 1873-4, 84; took effect from passage.

AKTICLE III.

SCHOOL SUPERINTENDENTS.

[Sec. 1542 '•" was repealed by act approved February 27, 1874, and again by
act approved March 13, 1874; Amendments 1873-4, 113 and 84; the latter took
effect from passage.]

1543. General duties of school superintendents.

Sec 1543. It is the duty of the county superintendent of each county:

1. To apportion the school moneys of each school district quarterly;

2. On the order of the board of trustees, or board of education, to draw his
warrant upon the county treasurer against the school fund of any city, towTi,

(a) The original section did not have the thirteenth iirer and school superintendent with an abstract of

subdivision, and differed in the second, fourth and such apportionment ;

tenth subdivisions, which were as follows: 10. To visit the schools of the different counties, and

2. To report -to the governor a statement of the con- inquire into their condition,

dition of the state normal school, and other educa- (6) Repealed section:

tional institutions supported by the state, and of the Sec. 1542. No person is eligible to the office of school

public schools; superintendent who is not a professional teacher, pos-

4. To apportion the school funds, and furnish the sessing a first grade certificate,
controller, board of examiners, and each, county treas-

223

1543 POLITICAL CODE.

or district; be must dra-^ Lis wan-ants in tlie order in which they are ordered
by the proper authority; each warrant nnist specify the purpose for which^tbe
money is required, and must be paid in the order in which it is draAvn, but no
warrant must be drawn unless there is sufficient money in the fund to pay it;

3. To keep open to the inspection of the public a register of warrants, show-
ing the fund upon which the warrants have been drawn, the number thereof, in
whose favor, and for what sel•^■ice drawn, and also a receipt from the person to
whom the warrant was delivered;

4. To visit each school in his county at least once in each year; and for every
school not \-isited the board of supervisors must, on proof thereof, deduct ten
dollars from the countj' superintendent's salaiy^;

5. To preside over teachers' institutes held in his county, and to secure the
attendance thereat of lecturers competent to instiaxct in the art of teaching,
to enforce the course of study, the use of the text-books, and the rules and
regulations for the examination of teachers prescribed by the proper authority;

G. To issue temporary certificates, valid until the next reg-ular meeting of the
county board of examination, to persons holding certificates of like grade
gi-anted in other counties;

7. To certify to the state board of examination the names of j)ersons exam-
ined before county boards of examination;

8. To distribute all laws, reports, circulars, instiTictions, and blanks, which
he may receive for the use of school officers;

9. To keej) in his office the reports of the superintendent of public instiaic-
tion and a file of the educational journal;

10. To keep a record of his official acts, and of the proceedings of the
county board of examination, including a record of the standing in each study
of all applicants examined;

11. To keep in his office such works on school architecture and education as
may be prescribed by the state board of education, and pay for them out of
the unapportioued count}' school fund;

12. To (except in incorporated cities and towns) pass upon, and aj^prove, and
reject plans for schoolhouses;

13. To apjjoiut trustees to fill all vacancies created by failure to elect, or
otherwise, to hold till the next annual election;

14. To make reports when directed by the superintendent of jjublic instruc-
tion, sliowiug such matters relating to the public schools in his county as may
be required of him;

15. In all counties containing twenty thousand inhabitants, or upwards, to
devote his whole time to the supervision of the schools in his county;

10. To carefully pi-eserve all reports of school officers and teachers, and, at
the close of his official term, deliver to his successor all records, books, docu-
ments, and papers, belonging to the office, taking a receipt for the same, which
shall be filed in the office of the county clerk. [Amendment, approved 2Iarch 28,
1874; Amendments 1873-4, 88; took effect from p)assage}^^

ia) The oriRlnal Rcrtton did not have the pixtceiith 0. To keep in his office the reports of the superin-

Buldiivjhion. and diffcnd in tin- h<< ond, fourtli, ninth, tendcnt and a liU; of the edncatiounl journal;

tenth, twelfth and thirteenth, which were ax follows: 10. To keep a record of his official acts, and of the

2. On the order of the hoard of tniFtecK or hoard of proceedings of the county boiird of exnminiition;

education, to draw his warrant iijion the county treae- 12. To (except in iucoriiorated cities and towns) pass

urer against the school fund of any city, town or dis- upon and approve or reject iilaus for schoolhouses;

trict; 13. To aiijjdint trustees for any district 'which falls

4. To visit each school in his county at least once in to elect at the annual election.
each year;

224

EDUCATION. 1543-154-1

An Act to provide for the distribution of school moneys in certain counties.
Api^roved March 18, J876; 1875-6, 332.

Counties affected, apporiionmcid.

Section 1. The county superintendents of the counties of Fresno, Contra
Costa, Shasta, Lassen, shall apportion the school moneys as follows:

1. He shall apportion five hundred dollars to each school district;

2. He shall ascertain the number of census children required to be entitled to
five hundred dollars, if a jiro rata distribution of all school moneys were made,
and the excess, after apportioning five hundred dollars to each school district in
the county, shall be ai^portioned among the districts having a greater number of
census children than required to be entitled to five hundred dollars, in j)roj)or-
tion to the number in each district in excess of said number; i)rovided, that in
Fresno county. Contra Costa county, and Shasta county, no district which is
entitled to only one teacher shall receive more than twelve hundred dollars, and
no district shall be considered entitled to two teachers unless that district
sustain two sejoarate schools, or one school which has an average daily attend-
ance of more than sixty students, as shown by the school register of that district
for the next preceding year; and if there be an excess of money in such district,
it shall be redistributed among the other districts, as provided in this act.

Sec. 2. This act shall take effect and be in force from and after the thirtieth
(30) of June, eighteen hundred and seventy-six.

An Act to provide for the distribution of school moneys in the countj' of Marin.
Approved March 30, 1876; 1875-6, 568.

Superintendent to apportion moneys.

Section 1. The school superintendent of Marin county must apportion all
state and county school moneys as follows:

1. He must ascertain the number of teachers each district is entitled to, b}-
calculating one teacher for every seventy-five census children or fraction thereof
of not less than fifteen census children, as shown by the next preceding school
census;

2. He must ascertain the total number of teachers for the county by adding
together the number of teachers assigned to the several districts;

3. Five hundred dollars shall be apportioned to each district for every teacher
assigned it; provided, that to districts having ten and less than fifteen census
children, shall be aj^portioned three hundred dollars.

4. All school moneys remaining on hand after apportioning five hundred
dollars to each district having fifteen census children or more, for every teacher
assigned it, and after apportioning three hundred dollars to districts having less
than fifteen census children, must be apportioned to the several districts having
not less than twenty-five census children, in proportion to the number of census
children in each district.

Sec. 2. This act shall take effect from and after the thirtieth day of June, one
thousand eight hundred and seventy-six.
1544. Forfeiture for failure to report.

Sec. 1544. If he fails to make a full and correct report, required under the
provisions of subdivision fourteen of section fifteen hundred and forty-three, at
the time fixed by the superintendent of i>ublic instruction, he forfeits one hun-
dred dollars of his salary, and the board of supervisors, upon receiving from the
superintendent of public instmction notice of such failure, must deduct the
amount forfeited from his salary. [Amendnients, approved 3Iarch 28, 1874;
Amendments 1873-4, 90; took eff\'cl from jjassage.^"^

(a) Original section: hoard of supervisors, upon receiving from the superin-

Seo. 154-t. If he fails to make any report required teudent notice of such failure, must deduct the amount

under the provisions of subdivision 14 of section 1543, forfeited from his salary.

he forfeits one hundred dollars of his salary, and the

15 225

1545-1551 POLITICAL CODE.

1545. May appoint teachers and open schooh, xclien.

Sec. 1545. He must, when there is sufficient money in the fund of any school
district to maintain a school therein for five months, if the trustees fail to have
such school kept, appoint a teacher and open and keep such school, and may
draw his warrant upon the fund of such district for the expense incurred.

1546. Mail direct repairs, etc., lohen.

Skc. 154(!. He may, in his discretion, require the trustees of any district to
repair the school buildings or property, or to abate any nuisance in or about the
premises, if such repairs or abatement can be done for a sum not exceeding
fifty dollars, and there is a sufficient amount of money in the treasury to the
credit of the district. He may also in all cases require the trustees to provide
suitable outhouses, and, where practical)le, to adorn the grounds with frviit and
ornamental trees and shrubbery; and if the trustees neglect to make such pro-
vision, he maj' cause it to be done, and pay for it on his ow^n warrant out of
any money to the credit of the district.

[Sec. 1547^"' Avas repealed by act apiH'oved March 28, 1874; Amendments
1873-4, 111; took eli'ect from passage.]

1548. Warrants for expenses and claims.

Sec. 1548. He must draw his warrants on the unapportioned county school
fund for the i^ayment of members of the county board of examination, and in his
own favor for the binding of school documents, not to exceed twenty dollars a
year; for postage and expressage for his office, not to exceed one dollar for each
district in his county, and for any other incidental expense as may be author-
ized b}- law. [Ame)idment, approved March 28, 1874; Amendments 1873-4, 90;
took effect from passage.'-^^

1549. 3Iay appoint deputy.

Sec. 1549. Each county superintendent may appoint a deputy, but no salary
pa3'able out of the school fund must be allowed such dejDuty. [Amend7nent,
approved March 28, 1874; Amendments 1873-4, 90; took effect from passage. ^"

1550. Compensation of deputy in San Francisco.

Sec. 1550. The deputy school superintendent of the city and county of San
Francisco may receive such compensation as the board of education thereof
prescribes, payable in the same manner and out of the same fund as the school
superintendent thereof is paid.

1551. Scliool superintendent to report number of children.

Sec. 1551. Each school superintendent in this state must, on or before the
first day of August in each year, report to the supeiintendent of public instruc-
tion, and to the boai'd of supervisors of their respective counties, the number
of cliildren in their counties between the ages of five and seventeen years, as
appears by the latest returns of the census marshal on file in their office. \Neiu
section, approved March 13, 1874; Amendments 1873-4, 85; took cff'ect from
passage.

Duty as to l)ou}td(iries of school districts.

Sec. 1551. It sliall be the duty of every county supeiintendent to inquire and
ascertain whether tlie boundaries of school districts in his county are definitely
and plainly described in the records of the board of supervisors, and to keep in

(o) Rcpealfid section: Sko. 1548. He niuRt drnw liis warrant on the county

■ BKf. 1.'.47. He iimst <lraw warnwifK in tlie order in treaKuriT for anv bin anditcd by the tniKtccs of any

which they are ordereil by the iiroinr authority. Each district and a\ithorized by biw iii his own favor on the

warrant nniKt Hpecify tliepnrpoKe fur \v)ii.li Un- money iinapportioneil county sdiool money for tlie payment

Ib required, and must be paid in flie ord<r in which it of members of the county board of examiners for the

iH drawn; but no warrant i-an l)e drawn unless there is binding, et(\

Buffieient mon<y in the fund to pay it. (,:) The orisinal section had tlie word " school " in-

(//) The original section driwn to an<l including the stead of " county."
words " for the binding " was as follows:

226

EDUCATION. 1551-1561

his office a full and correct transcript of such boundaries. In case the bound-
aries of districts are conflicting or incorrectly described, he sball change, har-
monize, and describe them, and make a report of such action to the supervisors,
and, on being ratified by the supervisors, the boundaries and descriptions so
made shall be the legal boundaries and descriptions of the districts of that
county. For searching and transcribing such records and equalizing district
boundaries, he may be allowed five dollars per day for each day's labor, to be
paid out of the county school fund. The county sujoerintendent, if he deem it
necessary for the guidance of school census marshals, may order the descrip-
tions of the district boundaries to be printed in pamj^hlet form, and pay for the
same out of the county school fund. [New section, approved March 28, 1874 ;
AmendmeyUs 181S-4:, 91; took eject fi'om passage.

1552. Compensation and allowance for expenses.

Sec. 1552. Each county superintendent, except ■when otherwise provided by
statute, shall receive such salary and his reasonable traveling expenses, to be
estimated by the board of supervisors, and as may be allowed by the board of
supervisors, which shall be paid out of the county general fund, in the same
manner as other salaried county officers are paid; provided, that such compen-
sation shall not be less than a sum equal to twenty dollars for each school dis-
trict in his county, exclusive of traveling expenses, and that he shall be allowed,
in addition to his salary, a sum for postage and expressage, payable out of the
county school fund, equal to one dollar for each school district; provided, that
in incorjoorated cities, each school containing three hundred pupils should be
considered equal to one school district. [New section, approved March 28, 1874;
Amendments 1873-4, 91 ; took effect from passage.

1553. Supei-intendent, when not to teach.

Sec. 1553. No school superintendent who receives an annual salary of fifteen
hundred dollars, or more, must follow the profession of teaching, or any other
avocation that can conflict with his duties as superintendent; but those receiv-
ing less than fifteen hundred dollars per annum may teach in the public schools
of this state. [Amendment, approved March 11, 1876; Amendments 1875-6, 26;
took effect immediately .^^^

ARTICLE IV.

teachers' institutes.

1560. Institutes to he held annually in certain counties.

Sec. 1560. Whenever the number of school districts in any county is twenty,
or more, the county superintendent must hold at least one teachers' institute in
each year; and every teacher employed in a public school in the county must
attend such institute and particijDate in its proceedings. [Amendmod, approved
March 28, 1874; Amendments 1873-4, 92; took e feet from passage. ^^^

1561. When held in other counties.

Sec 1561. In any county in which there are less than twenty school districts,
the county superintendent may, in his discretion, hold an institute. [Amend-
ment, approved March 28, 1874; Amendments 1873-4, 92; took effect from passage.^"''

[a) The original was a new section added by act of in any county is ten or more, the school superintendent

March 13, 1874 ; Amendments 1873-4, 85; took affect from must hold at least one teachers' institute in each year,

passage. It was numbered section 1.5.52, which number and every teacher employed in a public school in the

was changed by the amendatory act of 187G to section county must attend such institute.

1553. It did not have the last clause commencing with (c) Original section:

the words " but those receiving." Sec. 1561. In any coimty in which there are less than

(6) Original section. ten school districts, the superintendent may In his

Sec. 1560. Whenever the number of school districts discretion hold an iustitute.

227

lo(;2-l.-)TS POLITICAL CODE.

1562. Length of sessions.

Sec. 15(!2. Each session of the institute must continue not less than three nor
more than live days.

1563. Pay of teachers in attendance.

Sec. 15(;3. When the institute is held during' the time that teachers are
emi^loyed in teaching, their i)ay must not be diminished by reasou of their
attendance.

1564. Krpenses of institute, hoir jMid.

Sec 15G4. The county superintendent must keeji an accurate account of the
actual expenses of said institute, with vouchers for the same, and draw his war-
rant on the unapportioned county school fund to pay said amount; provided,
that such amount must not exceed one hundred dollars for any one year.
[Amendnumt, approved March 28, 1874; Amendments 1873-4, 92; took effect from
passage. ^*^

AKTICLE V.

SCHOOL DISTKICTS.

1575. Xames of districts.

Sec 1575. Every school district must be designated by the name and stjle of

" district (using tlie name of the district), of county" (using the name

of the county in which such district is situated); and in that name the trustees
may sue and be sued, and hold and convey property for the use and benefit of
Buch district. A number must not be used as a part of the designation of any
school district.

1576. What forms districts.

Sec 157G. Each county, city, or incoqiorated town, unless subdivided by the
legislative authority thereof, forms a school district.

1577. lormation of new and changing boundnries of old districts.

Sec 1577. No new district can be formed unless the parents or guardians of
at least fifteen census children, resident of such proj)osed new district, and
resiiling at a greater distance than two miles from any district schoolhouse,
})resent a i)etition to the county superintendent, setting forth the boundaries of
the new district asked for. The boundaries of any district cannot be changed,
unless at least ten heads of families residing in the distx'ict present a petition to
the county superintendent, setting foiih the change of boundaries desired, and
the reasons for the same. [Amendment, ajyproved March 20, 187G; Amendment.'!
1875-0, 27; took e feet f-oiu jjassage.^^'''

1578. JjiiticH of superintendent on receipt of petition for either.

Si;c 1578. After giving due notice to all parties interested, by posting notices
in three pultlic ])laces in the district, one of which shall be at the door of the
sclioolhousc' for at least one week, the county superintendent must transmit the
j)etition to the board of supervisors, with his approval or disappi'oval. If he
ajjproves the petition, he may note such changes in the boundaries as he may

(a; CJriplnal i<«-<tloD: lenpt ten hcndR of families present a prtition to tlie

Sec. l.'fJJ. For the iiaj'inciit of the expeiiMR of Insli- school Buperintendent, setting fortli the boundaries of
tutes, a Kiiin not excuftiiun oiic liundred dollurs in any the new district usked for, or the chsinge of boundaries
one y< nr niuht be jmld, < u tl.e Wi.rrant of the tujier- desired, with reasons for the same.
intendMil of em-h county, f.ut of the uriai)i)ortloued It was previously amended by act of March 28, 1874,
county school fund. The snperiniendentM of two or Aineudments ls;;)-4, 92, so as to read like the text, ex-
rn< re << unties may unite and lioM a joint ins'itute. In cei)t that it did not liave the words " and residing at a
which cahe the expenses must be apportic ned by the greater distance than two miles from any district
superintend* ntfi between the eountb s Ji iniug In the sdioolhouse " in the first sentence. In the sccoml sen-
institute, tfeuce, instead of " in the district " it had the words

(6) Original section: " at a greater distance than two milee from any district

Sec. 1R77. No new district can be formed, nor can schoolhouse."
the boundaries of any district be changed, unless at

228

EDUCATION. 1578-1595

think desirable. [Amendmenl, ajjproved March 28, 1874; Amendments 1873-4,
93; took effect from, passage J"^

1579. Duties of sit jjer visors on same.

Sec. 1579. The board of suioervisors must, at their first meeting after the
receipt of the joetition, act upon the same. If the board establishes the district,
they may do so in accordance with the original prayer of the petition, or with
such modifications as they choose to make. [Amendment, approved March 28,
1874; Amendments 1^1 ^-A, 93; took effect from passage }^^

1580. New district, when not to share in school moneys.

Sec. 1580. No new district formed b}^ the subdivision of an old one is entitled
to any share of the public moneys belonging to the old district until a school
has fteen actuall}' commenced in such new district.

1581. Action creating new distrncts void in certain events.

Sec 1581. Unless within four months, after the making of an order creating
a new district, school is oj^ened therein, the order will cease to have effect.

1582. New district, when to share in school moneys — Apportionment, Jioiv made.
Sec. 1582. When a new district is formed by the division of an old one, the

school superintendent must, after j)ayment of debts, divide the money to the
credit of the old district at the time a school was first opened in the new dis-
trict, and such as may afterwards be apportioned to the old district, according
to the number of children resident in each district, for which p)urpose he may
order a census to be taken.

AKTICLE VI.

elections for school trustees.

1593. Election of trustees, when and where.

Sec. 1593. An election for school trustees must be held in each district, on
the last Saturday of June of each year, at the district schoolhouse, if there is
one; and if there is none, at a place to be designated by the board of trustees.

1. The number of school trustees for any school district excej^t where city
boards are otherwise authorized by law, shall be three;

2. In new school districts, or in case of a vacancy for any cause in an old
one, the school trustees shall be elected to hold office for one, two, and three
years resj)ectively f rom the first Satvirday of July next succeeding their election;

3. Except as provided in subdivision second of this section, one trustee shall
be elected annually, to hold office for three years, or until his successor shall
be elected and qualified. [Amendment, approved March 13, 1874; Amendments
1873-4, 80; took eff^ect from passage.'-"''

1594. Elections in new districts.

Sec. 1594. Within thirty days after the formation of a new district an election
must be held for trustees. Any three electors of the district may give notice
of it in the same manner as notice is required to be given of the annual election.

1595. Notices of election.

Sec. 1595. Not less than ten days before the election required under section
fifteen hundred and ninety-three, the trustees must post notices in three public
places in the district, which notices must specify the time and place of election,
and the hours during which the polls will be kept open; if within five days of

(a) Original section: (6) The original section had the words " same and

Sec. 1578. After giving notice to all parties inter- establish the district " instead of " same. If the board

ested, the school sui^erintendent must transmit the establishes the district, they may do so."

petition to the board of supervisors, with his approval (c) The original section did not have either of the

or disapproval, and a note of such changes iu the three subdivisions, and had the word " April " instead

boundaries as he may think advisable indorsed thereon, of " June."

229

1595-1611 POLITICAL CODE.

the election the trustees have failed to post the notices requii-ed under this sec-
tion, tljen any three electors of the district may give notice of such election.
[Aviendmeut, approird JIarch 28, 187-4; Amendments 1873-4, 93; took effect from
passage. ^^^

1596. Judges and inspectors, how appointed.

Sec. 1590. The trustees must a2:>point the inspector and judges of election;
if none are so appointed, or if they are not present at the time for opening the
polls, the electors present may appoint them.

1597. Opening and closing polls.

Six. 1597. In districts in which the number of children between five and
fifteen years of age exceed five hundred, the polls must be ojoened at eight
o'clock A. M. and kept open until sundown; in other districts the jjolls must not
be opened before nine o'clock a. m., nor closed before twelve o'clock m., nor
kept upen less than one hour.

1598. Who may vote.

Sec 1598. Every elector of the county avIio has resided in the district for
thirty days next preceding the election may vote thereat.

1599. Voting must be by ballot.

Sec 1599. The voting must be by ballot; provided, that the provisions of
sections eleven hundred and eighty-seven and eleven hundred and ninety-one
may be dispensed with. [Amendment, approved March 28, 1874; Amendments
1873-4, 94; toolc effect from passage.'-^^

1600. Challenges.

Sec. IGOO. Any person offering to vote may be challenged by any elector of
the district, and the judges of election must thereupon administer to the person
challenged an oath, in substance as follows: "You do swear that you are a
citizen of the United States, that you are twenty-one years of age, that you
have resided in this state six months next preceding this election, and in this
school district thirty days, and that you have not before voted this day." If
he takes the oath prescribed in this section his vote must be received, otherwise
his vote must be rejected. [Amendment, approved March 28, 1874; Amendments
1873-4, 94; took effect from passage.^'^

1601. Poll lists.

Sec. IGOl. A poll and tally list must be kept and returned to the board of
trustees.

1602. Cei-tificates of election.

Sec 1G02. The officers of election must, after counting the votes, make
and deliver cci-tificates of election to the persons elected, a copy of which, with
the oath of office attached, must be forwarded to the county superintend-
ent. [Amendment, approved March 28, 1874; Amendments 1873-4, 94; took
effect from passage. '^'^'^

ARTICLE VII.

BOARDS OF TRUSTEES OF SCHOOL DISTRICTS, AND CITY BOARDS OF EDUCATION.

1611. School district to he under control of three trustees.

Sec IGll. Except when othei'wise authorized by special statute, every school
district shall be under tlie control of a board of school trustees, consisting of

(a) OHkIdhI fiectlon: {h) OrlRinal section:

Sec. l.TO.'). Not 1<-hh than five <l»yn before Ru'h <■!<'<•- Sec. 159'.). The voting muFt be by ballot.

tlon the tniKti-ch iiiuBt jiont ii'ifiicH in thri-i- jmlilic (c) The first Bection differed in the last sentence,

pUces in the district, wlilrh notii i k iiiuht sjiicify tlie wliicli wag as follows: " If he refuses to take the oath

time and place of i-leition. and the hours during which his vote must be rejected."

the I)o11b will be kept open. (<Z) The original section did not have the last clause

couimeucing with the words " a copy of wUch."

230

EDUCATION. 1G11-1G17

three members. [New section, ajyproved 3Iarch 28, 1874; Amendments 1873-4,
95; took ell'ectfrom jMSsage.

1612. Trustees, eXection and terms of office.

Sec. 1612. In school districts newly organized, or in case of vacancies for any
cause in an old one, three school directors must be elected, to hold office for
one, two and three years, respectively, from the first Saturday in July next
succeeding their election. {New section, approved March 28, 1874; Amendments
1873-4, 95; took effect from passage.

1613. Term of office.

Sec 1G13. The term of office of school trustees is three years from the first
Saturday in July next succeeding their election.

1614. Vacancies, how filled.

Sec. 1614. Vacancies in office of school trustees must be filled until tlie next
annual election by appointment made by the school superintendent, and then by
election for the unexpired term.

1615. Trustees of old hold over in neio districts.

Sec 1615. When a new district is organized, such of the trustees of the old
as reside in the new district are trustees of the latter.

1616. Boards of education provided for by special statutes.

Sec. 1616. Boards of education are elected in cities nnder the provisions of
special statutes, and their powers and duties are as prescribed in such statutes,
except as otherwise in this chapter provided.

1617. General powers of boards of trustees and of education.

Sec. 1617. The powers of boards of trustees of school districts, and of boards
of education in cities, are as follows:

1. To i^rescribe and enforce rules not inconsistent with law, or those pre-
scribed by the state board of education, for their own government and the
government of schools;

2. To manage and control the school property within their districts;

3. To purchase school furniture and apparatus, and such other things as may
be necessaiy for the use of schools;

4. To rent, furnish, repair, and insure the school property of their respective
districts;

5. When directed by a vote of their district, to build schoolhouses, or to
purchase or sell school lots;

6. To make, in the name of the district, conveyances of all property belonging
to the district and sold by them;

7. To emj^loy the teachers, janitors, and employees of schools; to fix and
order paid their compensation;

8. To suspend or expel pupils for misconduct;

9. To exclude from schools children under six years of age;

10. To enforce in schools the course of study and the use of the text-books
prescribed and adopted by the state board of education;

11. To ajDjioint district librarians, and enforce the rules pi-escribed for the
government of district libraries;

12. To exclude from schools and school libraries all books, publications, or
papers of a sectarian, partisan, or denominational character;

13. To furnish books for the children of parents unable to furnish them;

14. To keep a register, open to the inspection of the jjublic, of all children
applying for and entitled to be admitted in the schools, and to notify the parent
or guardian of such children when vacancies occur, and receive such children
in the schools in the order to which they are registered;

231

1617-1G23 POLITICAL CODE.

15. To make arrangements with the trustees of any adjoining district for the
atteuJance of such children in the school of either district as may be best
accommodated therein, and to transfer the school moneys due by apportionment
to such children to the district in which they may attend school;

16. On or before the lirst day of June, in each year, to appoint a school
census marshal, Ad notify the school superintendent thereof;

17. To make an annual report, on or before the first day of July, to the
school superintendent, in the manner and form and on the blanks prescribed
by the superintendent of public instruction ;

18. To make a report, whenever required, directly to the superintendent of
public instruction, of the text-books used in their schools;

19. To visit every school in their district, at least once in each term, and
examine carefully into its management, condition, and wants; this clause to
apply to each and every member of the board of trustees. [Amendment, ap-
proved March 13, 1874; Amendments 1873-4, 81; took effect from passage.^"-^

[Sec. 1618"" was repealed by act approved, March 28, 1874; Amendments
1873-i, 111; took effect from passage.]

1619. Jlast maintain all schools for equal length of time.

Sec. 1619. The boards of trustees and boards of education must maintain all
the schools established by them for an equal length of time during the year,
and as far as practicable with equal rights and privileges.

1620. Stationery, etc., to be furnished to pupils.

Sec. 1620. Writing and drawing paper, pens, ink, and lead and slate pencUs,
for the use of the schools, must be furnished under the direction of boards of
education and trustees, and charges therefor must be audited and joaid as other
claims against the school fund of their districts are audited and paid. [Amend-
menl, approved March 28, 1874; Amendments 1873-4, 95; took effect from
passage. ''''''

1621. School moneys, how used.

Sec. 1621. The board of trustees and board of education must use the school
moneys received from the state or county apportionment, exclusively, for the
support of schools for that school year, until at least an eight months' school
shall have been maintained; if at the end of any year there is an unexpended
balance, it may be used for the payment of claims against the district outstand-
ing, or it may be used for the year succeeding. [Amendment, approved March
28, 1874; Amendments 1813^, 95; took effect from passage. '■'^'^

1622. Same.

Six. 1022. Boards of trustees may use the county school moneys for any of
the purposes authorized by this chapter; but all state school moneys, except in
those cities where it has otherwise been expressly provided by special law,
must, except the ten per cent, reserved for district school library puriDoses, be
used exclusively for the payment of teachers.

1623. LinhilUies ofl)oardii of trustees.

Si.(j. I<i23. Boards of trustees are liable as such, in the name of the district,
for any judgment against the district for salary due any teacher on contract, and

(a) The ori(fin«l fic-ction did not have the nineteenth high school departments, if thorc is sufBcieut means to

HiiliillviHlon, and differed In the nliitli, tenth, twelfth, maintain all three departments; and if not, then the

n-viiit<-enth and eluhteeuth. Thi- ninth cDnimenced several departments must be maintained in the order

Willi the wordw, •• In i-ltieH." Th'' t< nth alter" enforce" herein named.

bad tlie words, " r-xcept in in.nrpdrated cities and (<•) The original section down to and including the

towns." The twelf til did not have the words " piirtisan word " pencils " had only the words " stationery, pens,

or denominational." The Heveuteeiith and liiiliteeuth ink and pencils."

did not have the words " of public instruction." (d) The original section after " apportionment " had

[h) Original section: the words " during any school year." It had the word

Sec. li;i«. boards of truBt<?eB and boards of educa- "but "instead of the words " imtil at least an eight

tion must organize bcUooIb into primary, grammar, and months' school shall have been maintained."

232

EDUCATION. 1623-1638

for all debts contracted under the provisions of this chapter, and they must pay-
such judgment or liabiHties out of the school moneys to the credit of such dis-
trict; provided, that the contracts mentioned in this section are not in excess of
the school moneys acciiiing to the district for the school year for which the
contracts are made, otherwise the district shall not be held liable. [Amendment,
approved llarch 28, 1874; Amendments 1873-4, 95; took effect from passage ^^

1624. Liabilities of board for taxes, etc.

Sec. 1624. If any board of trustees or of education fail to aj^point a census
marshal at the jDroper time, and through such failure the district is omitted in
the ajjpoi-tionment of school moneys, the trustees or members of the board of
education are jointly and severally liable to the district for the full amount which
the district would have received but for such failure, and the amount may be
recovered in an action brought by any citizen of such district in the name of
and for the benefit of the district.

ARTICLE VIII.

DISTKICT CENSUS MARSHALS.

1634. Duty of census marshal.

Sec 1634. It is the duty of the census marshal:

1. To annually, in the month of June, take a census of all children in his dis-
trict under seventeen years of age;

2. To report the result of his labors to the county superintendent (or to the
board of education, in cities), before the first day of July, in each year;

3. He shall visit each habitation, house, residence, domicile or other place of
abode in his district, and by actual observation and interrogation, enumerate the
census children of the same. [Amendment, ap^woved March 28, 1874; Amend-
ments ISl'i-'i:, 96; took effect from passage y°^

1635. Where district in two counties.

Sec. 1635. Whenever a district is formed, lying partly in two adjoining
counties, the census marshal must report to each county superintendent the
nu}nber of children in each county. [Amendment, approved llarch 28, 1874;
Amendments 1873-4, 96; took effect from p)assage^''^

1636. Report.

Sec. 1636. His report must be made under oath, upon blanks furnished by
the superintendent of public instruction, and must show:

1. The number, age, sex, color, and nationality of children listed;

2. The names of the parents of such children;

3. Such other facts as the superintendent of public instruction may designate.
[Amendment, approved March 28, 1874; Amendments 1^1^-4,, 96; took efect from
passage.''^''

1637. Children absent at school to be listed.

Sec. 1637. He must include in his report all children (Avhose parents or guar-
dians are residents of the district) that are absent attending institutions of
learning.

1638. Children of non-residents not to be included.

Sec 1638. He must not include in his report children who are attending in-

(a) The original section did not have the proviso. (rf) The original section had the words "school

(b) The original section did not have the third sub- superintendent " instead of " superintendent of public
division. In the first it had the word " fifteen " instead instruction," where it first occurs. In the second sub-
of "seventeen," and in the second it had the word division after the word "parents" it had "or guar-
" school" instead of " county." dians." In the third subdivision it had the words

(c) The original section had the words "school " board of education " instead of " superintendent of
superintendent" instead of "county superintendent, public instruction."

the number of children in each county."

233

1638-1663 POLITICAL CODE.

stitutions of learning, or such benevolent institutions as deaf and dumb, blind
and oii^bau asylums, in bis district, but whose jDarents or guardian do not reside
therein. [Amendment, approved March 28, 1874; Amendments 1873-4, 97; took
effect from passage .^"^

1639. Compensation of marshal.

Sec. 1639. The comi:>ensation of census marshals must be audited and paid
as other claims upon the school fund of the district are audited and paid.

1640. Neglect or refusal of census marshal to report a misdemeanor.

Sec. 1640. If the census marshal neglects or refuses to make his report at tlie
time and in the manner herein required, or to perfoim any other duty devolved
upon him, he must be deemed guilty of a misdemeanor, and on conviction, be
punished by fine or imprisonment. [New section, approved March 13, 1874;
Amendments 1873-4, 85; too/c effect from passage.

AKTICLE IX.

CLERKS OF SCHOOL DISTRICTS.

1649. WJtrn and lioio elected.

Sec. 1649. Boards of trustees must annually, on the first Saturday of July,
meet and elect one of their number clerk of the district.

1650. Ge)teral duties of.

Sec. 1650. It is the duty of the clerk:

1. To act as clerk of the board, and keep a record of their proceedings;

2. To keep an account of the receipts and expenditures of school moneys;

3. To keep his records and accounts open to the inspection of the electors of
the district;

4. To perfoiTn such other duties as may be prescribed by the board.

1651. TT7/en to provide supplies, etc.

Sec 1651. The clerk of each district must, under the direction of the board
of trustees, provide all school suj^plies authorized by this chapter, and keep* the
schoolhouse in repair during the time school is taught therein.

1652. Wlien to act as marshal, assessor, or collector.

Sec. 1652. The clerk may act as assessor, or collector, or as both, of district
taxes, in either of which cases he must be paid the same compensation which
would have been allowed by the board to any other person.

ARTICLE X.

SCHOOLS.

1662. Who may be admitted to.

Sec. 1662. Every school, unless otherwise provided by special statute, must
be open for the admission of all white children between five and twenty-one
years of age residing in tlie district, and the board of ti-ustees or board of edu-
cation Imve power to admit adults and children not residing in the district,
whenever good reasons exist therefor.

1663. Schools to be graded.

Sfx'. 1663. All schools, unless otherwise provided by special statute, must be
divided in fii-st, second, and third grade. Each county superintendent must,
under instructions from the state board of education, deterujine the respective

(a) The original Kcrtion diil not have the wordB " or guch benevolent iustitutione as deaf and dumb, blind and
orphan aeylums."

234

EDUCATION. 1663-1673

grade. or class of schools in his county. [Aynendment, approved March 28, 1874;
Amendments 1873-4, 97; took effect from passage}"^

1664. To he taught in the English language.

Sec. 1664. All schools must be taught in the English language.

1665. Instruction, branches in.

Sec. 1665. Instruction must be given in the following branches in the several
grades in which each may be required, viz. : Reading, writing, orthography,
arithmetic, geography, grammar, history of the United States, j)hysiology,
natural philosophy, natural history, elements of form, vocal music and indus-
trial drawing. [Amendment, approved March 28, 1874; Amendments 1873-4,
111; took effect from passage. ^'^''

1666. Other studies.

Sec. 1666. Other studies may be authorized by the state board of education,
or board of education of any city or city and county, but no such studies can
be pursued to the neglect or exclusion of the studies in the j)receding section
specified.

1667. Instruction in manners, etc.

Sec 1667, Instruction must be given in all grades of schools, and in all
classes, during the entire school course, in manners and morals.

1668. Physical exercise, etc.

Sec. 1668, Attention must be given to such physical exercises for the pupils
as may be conducive to health and vigor of body as well as mind, and to the
ventilation and temperature of school-rooms.

1669. Schools for Negro and Indian children.

Sec 1669. The education of children of African descent, and Indian children,
must be jirovided for in separate schools; provided, that if the directors or
trustees fail to provide such separate schools, then such children must be ad-
mitted into the schools for white children. [Amendment, approved March 28,
1874; Amendments 1873-4, 97; took effect from passage.'-''^

1670. How established.

Sec 1670. Upon the written application of the parents or guardians of such
children to any board of trustees or board of education, a separate school must
be established for the education of such children.

1671. Governed by same rules as schools for tvhites.

Sec 1671. The same laws, rules, and regulations which apply to schools for
white children apply to schools for colored children.

1672. Sectarian books and teachings prohibited.

Sec 1672. No jDublication of a sectarian, partisan, or denominational char-
acter must be used or distributed in any school, or be made a part of any school
library; nor must any sectarian or denominational doctrine be taught thei'ein.
Any school district, town, or city, the officers of which knowingly alloAv any
schools to be taught in violation of these provisions, forfeits all right to any
state or county apportionment of school moneys; and, upon satisfactory evi-
dence of such violation, the superintendent of public instruction and school
superintendent must withhold both state and county apportionments.

1673. Duration of daily sessions.

Sec 1673. No school must be continued in session more than six hours a
day; and no pupil under eight years of age must be kept in school more than

(a) The original section had the words "school (6) The original section did not have the -words

superintendent " instead of " county superintendent." " elements of form."

235

1673-1687 POLITICAL CODE.

foui- hours per Jay. Any violatiou of the provisions of this section must be
treated in the same manner as a viohition of the provisions of the preceding
section.

ARTICLE XI.

PUPILS ,

1683. Pupih, hoic admUlcd.

Seo. 1G83. Pupils must be admitted into the schools in the order in which
they apply to be registered.

1684. M'(s( submit lo regulations.

Sec. 1684. All pupils must comply with the regulations, pursue the required
coui-se of study, and submit to the authority of the teachers of such schools.

1685. Suspension and expulsion of.

Sec. 1685. Continued willful disobedience or open defiance of the authority
of the teacher constitutes good cause for expulsion from school; and habitual
profanity and vulgarity good cause for suspension from school.

1686. Defacing school property, liability for .

Sec. 1686. Any pupil who cuts, defaces, or otherwise injures any school-
house, fences, or outbuildings thereof, is liable to suspension or exj^ulsion,
and, on the complaint of the teacher or trustees, the parents or guardians of
such pupils shall be liable for all damages. [Amendment, approved March 28,
1874; Amendments ISld—k, 112; took effect from pjassagey

1687. Experienced teachers for beginners.

Sec. 1687. In cities having graded schools beginners shall be taught, for the
first two years, by teachers who have had at least four years' experience; and
such teachers shall rank, in })oint of salary, Avith those of first grade.

Au Act to enforce the educational rights of childreu.

Approved March 28, 1871; 1873-1, 751.

Children to be sent to school.

Section 1. Every parent, guardian, or other person in the State of California
having control and charge of any child or children between the ages of eight and
fourteen years, shall be required to send any such child or children to a public
school for a period of at least two thirds of the time during which a public
school shall be taught in each city, or cit}'^ and county, or school district, in
each school j'ear, commencing on the first day of July, in the year of our
Lord one thousand eight hundred and seventy-four, at least twelve weeks
of which shall be consecutive, unless such child or children are excused
from such attendance by the board of education of the city or city and
county, or of the trustees of the school district in which such parents,
guardians, or other persons reside, upon its being shown to their satisfac-
tion that his or her bodily or mental condition has been such as to prevent
attendance at school, or aitplication to study for the period required, or that
the parents or guardians are extremely poor or sick, or that such child or
children are taught in a private school, or at home, in such branches as are
usually taught in the primary schools of this state, or have already acquired a
good knowledge of such branches; provided, in case a public school shall not
be taught for tlnce months during the year, within one mile by the nearest
traveled road, of the residence of any person within the school district, he shall
not be liable to the i)roviHions of this act.
Ifotice of law.

Sec 2. It shall be the duty (if the president of each board of education, and

(a) TUe ori(,'iual suction did not Luvt- the luHt cluuiie riuniuouciug witli the wurdu " aud, on the complaint. "

236

EDUCATION. 1G87

of the clerk of each board of district trustees in the State of California, to cause
to be posted three notices of this law in the most public i)laces in the citj, or
city and county, or in the school district, or published in one newspaper therein
for three weeks, in the month of June, in each year, the expense of each publi-
cation to be paid out of the school funds of such city, or city and county, or
school district, as the case may require.

Misdemeanor.

Sec. 3. In case any parent, guardian, or other j^erson shall fail to comply
with the provisions of this act, said parent, guardian, or other person shall be
deemed guilty of a misdemeanor, and shall be liable to a fine of not more than
twenty dollars; and for the second and each subsequent offense the fine shall
not be less than twenty dollars nor more than fifty dollars; and the parent,
guardian, or other person so convicted, shall pay all costs. Each such fine shall
be paid to the clerk of the projoer board of education, or of the district trustees.
Pi-osecutions.

Sec. 4. And it shall be the duty of the clerk of each board of education and
of each board of district trustees, on complaint of any teacher or taxpayer, to
prosecute all oifenses occurring under the j^rovisions of this act; and any clerk
neglecting to prosecute such ofiense within ten days after a written notice has
been served on him by any teacher or taxpayer within the limits of the authority
of said board, unless the person so complained of shall be excused by the
proper school board, shall himself be liable to a fine of not less than twenty
dollars nor more than fifty dollars, which fine shall be prosecuted for in the
name of the people of the State of California, and the fine so collected shall be
paid over to the clerk of the board of education or trustees of the proper city,
or city and county, or school district, to be accounted for as in section three of
this act; and in case such prosecution fail, the expenses thereof shall be paid
out of the school fund of the city, or city and county, or school district, in
which the case arose.

Lists and reports.

Sec. 5. And it shall be the duty of the census marshal to furnish each board
of education and of district trustees, with a complete list of all children living
within the jurisdiction of said board, and to note on such lists all children not
attending colleges, college schools, private schools, or being taught at home,
who are liable to the provisions of this act; and each teacher teaching within
the limits of the jurisdiction of such board, shall be supplied with a list of all
children within his or her department or school, and shall call such list each
morning on the oi^ening of school, and note the absentees, and the reason of
such absence, if any, and at the close of each term of twelve weeks, shall make
a full report to the board of education, or of district trustees, of all such cases
of absence, with the names both of children and parents, guardians, or other
persons having such children in charge, and said board shall thereupon forth-
with proceed to i^rosecute such parents, guardians, or other persons, according
to the provisions of this act.
JDeaf, dumb, and blind.

Sec 6. And whereas, the state has provided an institution for the gi-atuitous
instruction of all resident deaf and dumb or blind children between the ages of
six and twenty-one years, every parent or guardian of any child or children
affiicted with deafness or blindness, shall be required, under the penalties
hereinbefore si^ecified, to send such child or children to said institution for a
period of not less than five years, unless such child or children shall have been
excused by the authorities, and on the grounds specified in section one of this
act.

237

1687-1699 POLITICAL CODE.

Jurisdiction.

Sec. 7. Any justice of the peace of the proper city, or city and county, or
school district, shall have jurisdiction of all offenses committed under the pro-
visions of this act.

Sec. 8. This act sliall be in force and effect from and after the first day of
July, ei^'hteeu hundred and seventy-four.

ARTICLE XII.

TE.\CUERS.

1696, General duties of teachers.

Sec 1696. Every teaclier in the public schools must:

1. Before assuming charge of a school, file his certificate with the county
superintendent;

2. On taking charge of a school, or on closing a term of school, immediately
notify the county superintendent of such fact;

3. Enforce the course of study, the use of text-books, and the rules and
regulations jirescribed for schools;

4. Hold pupils to strict account for disorderly conduct on the way to and
from school, on the play-grounds, or during recess; suspend for good cause
any pupil in the school, and re^iort such suspension to the board of trustees or
education for review. If such action is not sustained by them the teacher may
appeal to the county superintendent, whose decision shall be final;

5. Keep a state school register;

6. Make an annual report to the county superintendent at the time, and in
the manner, and on the blanks prescribed by the superintendent of public
instruction. Any school teacher who shall end any school term before the
close of the school 3'ear, 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, notwitlistanding any j)reviouB
report for a part of the year;

7. Make such other reports as may be reqxiired by the suj^erintendent of
public iustniction, county superintendent, or board of trustees or education.
[Amejidmeiit, approved March 28, 1874; Amendments 1873-4, 98; took effect from
paasafje .'"''

1697. School month in relation to salary of teachers defined.

Sec. 1697. A school month is construed and taken to be twenty school days,
or four weeks of five school days each.

1693. Ajipecd alloiced from order removing teacher for incompetency .

Sec, 1698. In case of the dismissal of any teacher before the expiration of
any written contract entered into between such teacher and board of trustees,
for alleged unfitness or incompetence or violation of rules, the teacher may
appeal to the school superintendent, and if the superintendent decides that the
removal was made without good cause, the teacher so removed must be rein-
stated.
1699. Appeals in other rases.

Sec. 1099. Any teac-lior whose salary is withheld may appeal to the superin-
tendent of public instruction.

(a) ThfMjriKlniil Bcctlon (11(1 not hnw cithir the flrnt fourth did not have the; word " public," nor the last

oriieronil BuMlvlHion, and th.- oth<TK wen- iiuiiibind Bcntcncf c-oiniiir-ncinK, "any school tfacher." The

from onr- to t\w<. Ui,Umi\-,-. The ftrst KUl>divlKi.in di.l fifth did not havo the words " Buperintendeut of public

Dot have the word " Uxi." Th<: w.cond did not havt- Instruction, county."
thelut sentence commencing, " by such action." Tlic

238

EDUCATION. 1700-1702

1700. No warrant to be drawn in favor of teacher, unless he performs his duty.
Sec. 1700. No warrant must be drawn in favor of any teaelior, unless the

officer whose duty it is to draw such warrant is satisfied that the teacher has
faithfully performed all the duties prescribed in section sixteen hundred and
ninety-six. [Amendment, approved March 28, 1874 ; Amendments 1873-4, 99 ;
took effect from passage. ^**

1701. Nor unless he hold certificate, and was emplorjed.

Sec 1701. No warrant must be drawn in favor of any teacher, unless such
teacher is the holder of a proper certificate, in force for the full time for which
the warrant is drawn, nor unless he was enij)loyed by the board of tiiistees or
education; provided, that nothing in this section shall interfere with any special
school laws now in existence for the counties of Trinity, Shasta, or Inyo.
[Amendment, approved March 28, 1874; Amendments 1873-4, 99; took ejfect from
passage. '"'

1702. Duties of teachers as to instructions.

Sec. 1702. It shall be the duty of all teachers to endeavor to impress on the
minds of the pupils the principles of morality, truth, justice and patriotism; to
teach them to avoid idleness, profanity, and falsehood, and to instnict them in
the i^rinciples of a free government, and to train them up to a tiiie comprehension
of the rights, duties, and dignity of American citizenship. [New section, ap-
proved March 28, 1874; Amendments 1873-4, 99; took effect from passage.

An Act concerning the employment of teachers in the iDiiblic schools in the counties of Trinity
and Shasta.

Approved March 18, 1874; 1873-4, 472.

Qualifications of teachers. ^

Section 1. The board of trustees of any of the public schools in the counties
of Trinity and Shasta, where there are less than twenty-one school children in
the school district, are hereby authorized to employ any suitable person to teach
in their districts, not having the legal certificate of a teacher, Avhenever a
majority of the parents or guardians of children in their districts shall so peti-
tion. [Amendment, approved March 3, 1876; 1875-6, 122; took effect sixtieth day
after passage.

Official duties not to be invalidated.

Sec. 2. The emjDloyment of such teachers in any districts in said counties
shall not operate to prevent the apportionment thereto of any state or county
moneys which would otherwise be so apportioned; and the superintendents of
public schools, and the county treasurers of said counties, are hereby directed,
in their respective duties, to apportion moneys, draw warrants, pay the same,
and do all other acts that they, in their official capacities, would be required to
do if said schools had teachers holding legal certificates. [Amendment, approved
March 3, 1876; 1875-6, 122; took effect sixtieth day after passage.

Sec 3. All acts or parts of acts, so far as they conflict with this act, are here-
by repealed, and this act shall take effect and be in force from and after its
passage. [Amendment, approved March d, 1876; 1875-6, 122; took effect sioctieth
day after passage.

An Act concerning the employment of teachers in Inyo and Mono counties.
Approved March 20, 1874; 1873-4, 509.

Teachers without certificates.
Section 1. The board of trustees of any school district in the counties of Inyo

(a) The original section had the words "his duties" (6) The original section did not have the words "for

instead of " all the duties prescribed in section 1696." the full time for which the warrant is drawn," nor the

proviso,

239

1702-1717 POLITICAL CODE.

and :Mono shall liave power to employ a teaclaer or teachers not holding the
requisite legal certificate, wlienever a majority of the parents and guardians of
children attending such school shall so petition, and whenever the services of
satisfactory applicants holding such certificates cannot be obtained.

School moneys.

Sec 2. The employment of such teachers in any district in said counties, shall
not operate to prevent the apportionment thereto of any state or county moneys
which would otherwise be so apportioned.

Sec 3. This act shall take efiect from and after its passage.

An Act to preveut discriiiiiiiatioii against femele teachers.

Approved, March 30, 1874; 1873-4,938.

Female teachers to receive same compensation as males.

Section 1. Females employed as teachers in the public schools of this state
shall in all cases receive the same compensation as is allowed male teachers for
like senices when holding the same grade certificates.

Sec. 2. This act shall take effect and be in force from and after its passage.

AKTICLE XIII.

DISTRICT LIBRARIES.

1712. Lxhrarijfund, hoiv expended.

Sec. 1712. The boards of trustees and of education must expend the librarj^
fund, together with such moneys as may be added thereto by donation, in the
purchase of school apparatus and books for a school library. [Amendment,
approved March 28, 187-4; Amendments 1873-4, 99; took effect from passage.

1713. Of what fund consists.

Sec. 1713. Except in cities not divided into school districts, the libraiy fund
consists of ten per cent, of the state school fund annually apportioned to the
district, unless ten per cent, exceeds fifty dollars, in which event it consists of
fifty dollars annually taken from the fund so ai)portioned.

1714. Same.

Sec 1714. In cities not divided into school districts the library fund consists
of the sum of fifty dollars for every five hundred children between the ages of
five and fifteen years, annually taken from the state school fund apportioned to
the city.

1715. Control and location of library.

Sec 1715. Libraries are under the control of the board of trustees or educa-
tion, and must be kept when practicable in the schoolhouses.

1716. TI7/0 may use.

Sec 1710. The library is free to all pupils of a suitable age belonging to the
school, and any resident of the district may become entitled to its i)rivileges by
the payment of such a sum of money for life membership or such annual or
monthly fee as may be prescribed by the trustees.

1717. Trustees, power and responsibility as to libraries.

Sec. 1717. The trustees shall be held accountable for the proper care and
preservation of the librarj', and shall have power to assess and collect all fines,
penalties, and fees of membership, and to make all needful rules and regula-
tions not provided for by the state board of education, and not inconsistent
therewitli, and tliey shall report annually to the county superintendent, all
librarj' statistics whi(;h may be rerpiired by the blanks furnished for the purpose
by the superintendent of puljlic instruction. [Neio section, approved March 28,
1874; Amendments 1873-4, 100; took effect from passage.

240

EDUCATION. 172G-1747

ARTICLE XIV.

EDUCATIONAL JOURNAL.

1726. [Secs. 172(1, 1727, 1728, 1729, 1730, cand 1731'"' were repealed by act
approved April 1, 1876; Amendments 1875-G, 27; took effect from passage.]

ARTICLE XV.

STATE BOARD OF EXAMINATION.

1741. Hoto composed.

Sec. 1741. The state board of examination consists of the superintendent of
public instruction and four teachers holding state educational diplomas ap-
pointed by him.

1742. Chairman.

Sec. 1742. The superintendent of public instruction is chairman of the board.

1743. 3Iee(wgs.

Sec. 1743. The board must meet at such times and places as the chairman
directs, and must hold at least two sessions in each year.

1744. General poioers of hoard of examination.
Sec. 1744. The board has power to grant:

1. Recommendations for life diplomas;

2. State educational diplomas, valid for six years;

3. State certificates of the first grade, valid for four years;

4. Certificates of the second grade, valid for three years;

5. State certificates of the third grade, valid for two years, to be granted only
to females;

6. To review on appeal an order revoking a county or city certificate. [Amend-
ment, approved March 28, 1874; Amendments 1873-4, 100; took effect from pas-
sage.'-^^

1745. .Limitations on power to issue life diplomas.

Sec. 1745. The life diploma must be issvied to such persons only as have
been engaged for ten years in teaching, and who have received the educational
diploma, or who after receiving such educational diploma have held for one year
the office of state, city, or school superintendent.

1746. Limitation as to educational diplomas.

Sec. 1746. State educational diplomas must be issued to such persons only
as have been emj^loyed in teaching for five years, and who have held a first-
grade state certificate for at least a year. [Amendment, approved March 28,
1874; Amendments l'Sl'&-4:, 100; took effect from passage. ''''''

Yl^. Applications for life diplomas.
Sec. 1747. Apj^licants for life diplomas must file with the state board of edu-

(a) The repealed sections ■were as follows: tion of twelve montlily copies must not exceed one dol-

Sec. 1720. Some jom-nal published in this state, and lar and fifty cents; and the state board cf education

devoted exclusively to educational purj^oses, must be has power to reduce the rate whenever the journal can

designiited by the state board of education as the " State be creditably sustained at a lower rate.

Educational Journal." Sec. 1731. At the beginning of each school year the

Sec. 1727. The superintendent of public instruction superintendent of iJublic instraction must draw his

must be one of the editors of the journal. order in favor of such journal on the state controller

Seo. 1728. It must contain a department devoted to for an amount suflBcient to pay for such subscriptions,

the publication of the monthly reports of the state which order must be certified by the state board of

normal school ; the decisions and apportionments made; education and allowed by the state board of examiners,

and the instructions and circulars issued by the state whereupon the state controller must draw a warrant

board of education or the superintendent of public therefor on the state treasurer, payable out of any un-

instruction. apportioned school moneys in the treasury.

Sec. 1729. The superintendent of public instruction (6) The original section did not have the words " Rec-

must annually subscribe for a sufficient number of cop- onimendations for "in the first subdivision; "state"

ies of such journal to supply each school superintend- in the third, or " to be granted only to females."

ent, city superintendent, clerk of the district, and dis- (c) The original section did not have the last clause

trict school library with one copy thereof. commencing with the words "and who have."

Sec. 1730. The price paid for each annual subscrip-

16 241

17i7-i753 POLITICAL CODE.

cation certificates of tbeir success iu teaching; and tbe board, after examina-
tion, must present tbe appHcation to tbe state board of education, witb its
recommendation. [Amendment, approved 3Iarch 28, 1874; Amendments 1873-4,
101; took effect from passage}^'^

1748. Examination of applicants for diplomas and certificates.

Sec. 1748. Every appbcant for a state certificate sball be examined by written
and oral questions in algebra, geography, history of the United States, consti-
tution of tbe United States and California, physiology, natural philosophy,
natural bistoiy, ortbogi-apby, defining, penmanship, reading, method of teach-
iutr, vocal music, drawing, and school law of California. [Amendment, approved
Ularch -28, 1874; Amendments 1873-4, 101; took effect from passage}"^

1749. Standing to be indorsed on certificates.

Sec. 1740. The standing in each study must be indorsed upon the educa-
tional diploma or certificate, or otherwise it is not a valid certificate. [Amend-
ment, approved March 28, 1874; Amendments 1873-4, 101; took effect from
ptassage.'''^

1750. Certificates may be issued without examination, ivhen.

Sec. 1750. Normal school diplomas, from any state normal school in the
United States, and life diplomas by the state board of examination or educa-
tion, in any of tlie United States, must be recognized by this state as primary
evidence of fitness for teaching; and the board may, on application of the hold-
ers thereof, issue, without examination, state certificates, and fix the grade
thereof. [Ameiidment, approved March 28, 1874; Amendments 1873-4, 101; took
effect from passage.'-'^^

1751. Slate certificates on examinations before covnty boards.

Sec. 1751. The board may grant state certificates to those who, in examination
before county boards, have attained the standard of proficiency prescribed by
the state board of education; provided, that the original examination papers be
forwarded to the state board of examination within fifteen days after the close
of the examination. [Amendment, approved March 28, 1874; Amendments 1873-4,
102; took effect fi'om jyassage.'-^''

1752. Revocation of diplomas or certificates.

Sec. 1752. Tbe board may, for immoral or unprofessional conduct, profanity,
intemjierance or evident unfitness for teaching, revoke any educational diploma
or certificate granted by it. [Amendment, approved March 28, 1874; Amendments
1873-4,102; took effect from passage. '-^^

1753. Beneical of.

Sec 1753. The board may, at the expiration of the time for which they are
granted, renew diplomas or certificates for a like period for which they were
originally granted. [Amendment, approved January 20, 1876; Amendments 1875-6,
28; look effect immediately. '^^^

(n) The original section had the following additional It also had the following additional sentence after

sentence: " grade thereof:"

•' The htate lx)ard of oduiation inny recognize the life " When any applirant presents to the state board of

diplr>iiiah of <itlir-r Ktat< Kof tin- I'nitcd States, and issue examination certiticiites or other evidence of a public

Ut the liolderti thereof life dipIuniuK of this btate." nature conclusive of liis fitness to teach all the branches

(fc) OriKln»l section: of the higher grades, tlie board may, by a unanimous

Sec. Mix. Ivvcrj'ai'I'l'^'""*^"'" an educational diploma, vote, grant to such applicant a first grade certificate."

or for a state ii-rtllicate of tlie first or second grade, (c) The original S(Htion had the w^ords " without ex-

inuHt \>c eiiimined by writt<n "T printc<l and oral (jues- aniination " after tlie words " the board may;" but it

Uuns, in alg'-bn, arithmetic, grammnr, (•om))osition, did not have the proviso.

geo;Tiii)hy, history of the fnlted Ktates. jiliysiology, (/) Tlie original section did not have the words

naturu! |>hlloM)phy, na'ura) history, ortliograpiiy, dehn- " profanity, intemiierance," " evident " or " granted by

Jng, ixniiinnshli), rea'ling, method of teaching, and It."

vocal music and drawing. (.7) The original section was the same as the amend-

(<:) The original section liad the words " in the class ment in the text,

and " after thi- word " standing." Ii was previously amended by act of March 28, 1874

(d) The original secth.n did not have the words (Amendments 187:i-4:, 102), so as to add the words " ex-

"or educatimi." Bi-fore the words " tliis state" it cept of the third grade " after the word " certificates."
bad the Murds " the state board of examiuutiou of."

242

EDUCATION. 1754-1770

1754. EligihUUy to teach of holders of diplomns.

Sec. 1754. The holders of diplomas are eligible to teach in any public school,
except in high schools in which languages other than the Englisli are required
to be taught by such teachers.

1755. Same of holders of certificates.

Sec. 1755. Holders of state certificates are eligible to teach as follows:

1. Those of the first grade, in grammar schools;

2. Those of the second, in second grade schools, and as assistants in gram-
mar schools, except first and second grades;

3. Those of the third, in primary schools.

1756. [Sec 175G, **' was repealed by act approved March 13, 1874 ; Amend-
ments 1873-4, 84; took effect from passage.]

1757. Fees from persons receiving life diplomas.

Sec 1757. Every person receiving a life diploma must j^ay to the board three
dollars, to defray the expense of issuing such diploma.

1758. Compensation of members of the hoard.

Sec 1758. Each of the appointed members of the board shall receive an
annual salary of two hundred dollars, payable out of the general fund on the
warrant of the state controller, indorsed by the superintendent of public in-
struction.

ARTICLE XVI.

COUNTY BOARDS OF EXAMINATION.

1768. Board, how composed.

Sec 1768. Each county board of examination is composed of the county
school superintendent of such county, except as provided in section seventeen
hundred and sixty-nine, and not less than three teachers who follow the j^ro-
fession of teachiug at the time thej^ are chosen, and holding a certificate of
fitness for teaching, not less than a first grade county certificate, appointed by
the county school superintendent. [Amendment, approved February 14, 1876;
Amendments 1875-6, 28 ; took effect from passage. '''*

1769. Chairman.

Sec. 1769. When the county school superintendent is the holder of a certifi-
cate equal to a first grade county certificate, in full force and effect, he shall be
the chairman of the county board of examination; and in case the county super-
intendent is not the holder of a certificate equal to a first grade county certifi-
cate, in full force and effect, the county superintendent of the county shall
designate and appoint the principal of the school having the greatest number
of pupils therein, as the chairman of said board of examination, to serve as such
chairman not more than one year and not less than one term of said board, in
the discretion of such superintendent. [Amendment, approved February 14,
1876; Amendments 1875-6, 28; took effect from passage. '"'

1770. Meetings.

Sec 1770. The county board must meet and hold examinations as follows:
Commencing on the first Wednesday in the months of December, March, June,

(a) Repealed section: posed of the school superintendent of such county and

Sf:c. 1756. Every applicant for a state diploma or cer- not less than three teachers (holding not less than a

tificate must pay a fee of two dollars, and the amount first grade county certificate, if there are so many in

collected must be applied to the support of the state the county) appointed by him.

educational journal. (c) Original section:

(6) Original section: Seo. 17(19. The school superintendent is chairman of

Skc. 1708. Each county board of examination is com- the board.

243

1770-1775 POLITICAL CODE.

and September. The place of meeting must be designated by tlie cLairman.
[Amendment, apjyroved Jlarch 28, 1874; Amendments 1873-4, 102; took effect
from passage}"''

1T71. Power to grant certificates.

Sec. 1771. The count j board of examination has power to grant certificates
of three gi-ades :

1. County certificates, first grade, valid for three years, and authorizing the
holder to teach a gi-ammar school, or a school of the first grade in the county.

2. County certificates, second gTade, valid for two years, and authorizing the
holder to teach a second grade school in the county.

3. County certificates of the third grade, valid for one year, and authorizing
the holder to teach a third grade [school] in the county.

4. Third gi'ade certificates are granted only to females.

5. The board may also grant to the holders of certificates granted by the
boards of examination of the various counties of this state, certificates of like
grade and standing as those held by such apj^licants without examination.
[Amendment, approved Aprill, 1876; Amendments 1875-6, 29; took effect sixtieth
day after p)assage}^'

1772. Certiffcates, to whom to he issued.

Sec 1772. Certificates must be granted only to those who have passed a
satisfactory examination in all the studies required for a state certificate of cor-
responding grade, and upon the questions prepared by the state board of ex-
amination, and reached the percentage i")rescribed by the state board of educa-
tion; provided, that applicants for second grade county certificates shall be
required to pass an examination only in arithmetic, grammar, geography, com-
position, history of the United States, orthography, defining, penmanship,
reading, and method of teaching; and provided further, that applicants for
tliird grade county certificates shall be required to pass an examination only in
arithmetic, grammar, geograjihy, orthography, defining, reading, and method
of teaching. [Amendment, ajyproved February 14, 1876; Amendments 1875-6,
28; took effect from passage.'"''

1773. Examination!^, hoiv to be conducted.

Sec 1773. All examinations must be conducted partly in writing and in part
orally. [Amendment, approved March 28, 1874; Amendments 1873-4, 103; took
effect from joassage.'-'^''

1774. Standing to be indorsed on certificate.

Skc 1774. The standing of each applicant in each study and in the class
must be indorsed on the back of each certificate, otherwise it is not a valid
ff-rtificate.

1775. Jienewal and revocation of certificates.

Sec. 1775. The board may, without examination, renew second grade county
certificates ui)on the application of the persons who have held them for two years,
and also third grade county certificates upon the application of the persons who
have lichl llicm f(.r one year, to remain in full force and effect so long as such

(a) The oriRlniil Hcrtlon had llic wonls " and at such be isBued to thoBe only who have passed a satisfactorj-

other tiiiXBBH the chainnan may din. t " after the word exiiniinaticju in all of the above subjects except natural

"September." pliilosophv and algebra.

(M The original Bectlon did not have the fifth sub- It was pr. vioiisly amended by act of Marcli 2«, 1874;

division. Aniendini-nts lh7:i-4, 102, so as to read as follows:

(r) Original BPctlon: Sko. 1772. Certificates must be granted to tliose only

Hkc. 1772. CertiflcistcB of the first grade must (except who have piiswd a satisfactoi-j- examination in all the

8B In this arliili- otherwltc jirovldrd) be granted to studios required for a' state certificate (jf corresponding

those- nlywlio have p.-isscd a t-allsfactory examination gr.-.de, and upon the quesflouR prepared by the state

In orthography, defining, readluK. pi-nmansliip. physl-' boaid of examination, and reached the percentage

ologv-. natur;;] jdiilosophy, ( (.mposlfi.,n, Hrithmttic. priscrlbcd by the state board of education,

algebra, geogriiphy. grammar, historj- <.f the Tnited [J) Tl.e original section had the words " in the above-

S'htiB, natural history, industrinl drawini;, and the named studies " after " examinations."
method of teaching. C't-rtiCcatea of second grade must

244

EDUCATION. 1775-1791

persons follow tlie occupation of teachers, pro"\dded that the hoard may revoke
any county certificate for immoral or unprofessional conduct, profanity, intem-
perance, or evident unfitness for teaching. [Amendment, approved February
14, 1876; Amendments 1875-G, 28; took (^feci/rom passage}^''

I Sec. 1776'"' was repealed by act approved March 28, 1874; Amendments
1873—4, 111; took effect from passage.]

1777. Compensation of hoard.

Sec. 1777. Members must receive for their sendees a sum not exceedino-
three dollars j^er day, in addition to actual traveling expenses, for each quar-
terly session of the board, payable out of the unapportioned county school fund,
on the wan-ant of the county superintendent. [Amendment, approved Mardi.
28, 1874; Amendments 1873-4, 111; took effect from passage}"^

AKTICLE XVII.

CITY BOARDS OF EXA^IINATION.

1787. Mast he a hoard in each city.

Sec. 1787. In every city or city and county having a board of education there
must be a board of examination.

1788. Hoio constituted.

Sec. 1788. Each board of examination consists of the city and county super-
intendents of schools and of four teachers resident of such city and holders of
state diplomas, elected by the board of education and holding office for two
years.

1789. Chairman.

Sec. 1789. The school supeiintendent of the city is chairman of the city
board of examination.

1790. Meetings,

Sec. 1790. The board must meet and hold examinations as follows: Com-
mencing on the first Wednesday in the months of December, March, June,
and September. The place of meeting must be designated by the chairman.
[Amendment, approved March 28, 1874; Amendments 1873-4, 103; took effect from
passage.'-^''

1791. General powers.

Sec 1791. The board has power to grant:

1. Certificates of the same grade and for the same time as the state board of
examination has power to grant;

2. High school certificates, valid for six years;

3. S^DCcial certificates of the first grade, vaUd for four years, upon such
special studies as may be authorized by the state board of education or board
of education in any city, or city and county;

4. High school and special certificates must be granted upon such examina-
tions as may be authorized by the state board of education, or board of educa-
tion of any city, or city and county. All other certificates must be granted

(a) The original section was like the following to a graduate of any normal school, a first or second

amendment except that it did not have the words grade county certificate.

"profanity, intemj^erance or evident," and had the (c) The original section had the following additional

words " the profession of " before " teaching." sentence:

It was previously amended by act of JIarch 28, 1874; " When a board holds sessions atother timesno corn-
Amendments 1875-6, 29, so as to read as follows: pensatiou is allowed from the county; but the board

Sec. If75. The board may, without examination, re- may ch.-irge an examination fee not exceeding two dol-

new certificates, and may revoke any county certificate lars for each applicant."

for immoral or unprofessional conduct, profanity, in- {d) Original section:

temperance, or evident unfitness for teaching. Sec. 1790. The board must meet at such times and

(!>) Repealed section: places as the chairman may direct.

Sec. 177G. The board may without examination grant

245

1791-1S18 POLITICAL CODE.

ujioii examinations in all the studies required for a state certificate of corre-
sponding grade, and upon questions prepared by the state board of examination,
and upon the percentage prescribed by the state board of education. [Amend-
ment, approved March 28, 1874; Ameiidments 181 3-4:, 104:; took ejj'eci from passage}"''

1792. ]l7<t>» crrlificates may be granted or revoked.

Sec. 1792. The board may without examination grant certificates of like grade
to holdei-s of certificates granted in other cities, and renew all certificates
granted by it, and revoke any certificate for immoral or unprofessional conduct,
profanity, intemperance, or evident unfitness for teaching. [Amendynent , ap-
pro red January 20, 1876; Amendments 1875-0, 30; took e^'ect immediately}^'

1T93. Eligibility to teach of holders of city certificates.

Sec. 1793. The holders of city certificates are eligible to teach in the cities in
which such certificates were granted, in schools of grades corresijondiug to the
grade of such certificates.

1794. Compensation allowed.

Sec. 1794. The teachers, members of the board, may receive such compen-
sation as may be allowed by the board of education, payable out of the city
school fund.

AKTICLE XVIII.

COUNTY SCHOOL TAX,

1817. County superintendent to furnish supervisois and auditor annually statement

of amount of funds required.
Sec 1817. The county superintendent in each county, except in the city
and county of San Francisco, must, on or before the first regular meeting of
the board of supervisors, in September in each year, furnish the board of
supervisors and the auditor, respectively, an estimate in writing of the minimum
amount of county school funds needed for the ensuing year. This amount he
must compute as follows:

1. He must ascertain, in the manner provided for in subdivisions one and
two of section one thousand eight hundred and fifty-eight, the total number of
teachers for the county;

2. He must calculate the amount required to be raised, at five hundred dollars
per teacher; from this amount he must deduct the total amount of state appor-
tionments, less ten per cent., received by the county for the next preceding
school year, and the remainder shall be the minimum amount of countj' school
fund needed for the ensuing year; provided, that if this amount is less than
Hufiicient to raise a sum equal to three dollars for each census child in the
county, then the minimum amount shall be such a sum as will be eqiial to three
dollars for each census child in the county. [Neiv section, approved March 28,
1874; Amendments 181Z-4, 105; took effect from passage.

1818. L>'vy if county tax.

Sec. 1818. The board of sui)ervisors, except of the city and county of San
Francisco, of each county, must, annually, at the time of levying other county
taxes, levy a tax to be known as the county school tax, the maximum rate of
which must not exceed fifty cents on each one hundred dollars of taxable
property in the county, nor the minimum rate be less than sufficient to raise the
minimum amount reported by the county superintendent, in accordance with

(n) Tlif orlKirial wctlonrlld not have flthcr the third It WfiB previouKly amended by act of Marcli 28, 1874;

or fourth fiiibdivihion. AiiieiidiiientB 1873-4, 104, so bb to read like the ainend-

{h) The oriKlnal wetloii did not have the lai<t elauBe nieut In the text, excejit that it also had the words

coinmenciDg with the wurdii '• and revoke any certifi- " ex<'ept of the third grade " after the worda " all cer-

cate." tificateB."

246

. EDUCATION. 1818-183G

the provisions of the precedinf^ section. The supervisors must determine the
minimum rate of the county school tax as follows:

1. They must deduct fifteen per cent, from the equalized value of the last
general assessment roll, and the amount required to be raised, divided Ly the
remainder of the assessment roll, is the rate to be levied; but if any fraction of
a cent occurs, it must be taken as a full cent on each hundred dollars, [Amend-
vient, approved March 28, 1874 ; Amendments 1873-4, 105 ; took effect from
passage. '-''^

1819. Duty of auditor if supervisors fail to make levy.

Sec. 1819. If the supervisors fail to levy the tax as herein provided, then the
auditor must, and add it to the assessment-roll.

1820. Proceeds of tax to he paid into the county school fund.

Sec. 1820. All moneys derived from this tax in each county must be paid into
the treasury thereof to the credit of the school fund.

AETICLE XIX.

DISTRICT SCHOOL TAX.

1830. Elections to determine.

Sec 1830. The board of trustees of any district may, when in their judgment
it is advisable, call an election and submit to the electors of the district the
question whether a tax shall be raised to furnish additional school facilities for
the district, or to maintain any school in such district, or for building one or
more schoolhouses, or for any two or all of these purposes.

1831. Notice of election.

Sec. 1831. Such election must be called by posting notices in three of the
most i^ublic places in the district, for twenty days; and, also, if there is a news-
paper in the county, by advertisement therein once a week for three weeks.

1832. What notice to contain.

Sec 1832. Such notices must specify the time and place of holding the elec-
tion, the amount of money proposed to be raised, and the purjDOse for which it
is intended to be used.

1833. Judges of, hoiv appointed.

Sec 1833. The trustees must appoint three judges to conduct the election,
and it must be held in all respects, as nearly as pi'acticable, in conformity wdth
the general election law.

1834. Ballots, what to contain.

Sec 1834. At such elections the ballots must contain the words: "Tax —
Yes," or "Tax — No," and also the name of one person as assessor and one as
collector, and the same person may be elected to both offices.'"'

1835. Returns.

Sec. 1835. If a majority of the votes cast are " Tax — Yes," the officers of the
election must certify the fact to the trustees, and also certify the names of the
persons having the plurality of votes for assessor and collector.

1836. Certificates of election.

Sec 1836. The trustees must issue certificates of election.

(n) The original eection had the -worcls " thirty-five titled to Bchool apportionment, as sho-nm by the next

cents" instead of "fifty cents," and after the words preceding school census, and then calculate the amount

" less than sufiicient to raise," it proceeded as follows: required to be raised, at three dollars per child."

" A sum equal to three dollars for each child in the It had a second subdivision similar to the first in the

county between five and fifteen years of age. The amendment above inserted.

Buper\-i6orB must determine the minimum rate of the (h) An act of March 18,1874; 1873-4,446, provided

county school tax as follows: for the election of a district assessor and district col-

" 1. They must ascertain the number of children en- lector for Ukiah school district, Mendocino County.

247

1837-1842 POLITICAL CODE.

1837. Ihilies of assessor.

!Si.c. 1837. The assessor ou receiving bis certificate of election must forth-
with assess in the manner provided for county assessors, all the taxable persons
and property in the district, and witliiu thirty days return his roll, footed up,
to tlie trustees.

1838. Ta,v, how levied.

Six. 1838. The trustees, upon receiving the roll, must deduct fifteen per
cent, therefrom for anticipated delinquencies, and then by dividing the sum
voted, together Avith the estimated cost of assessing and collecting added
thereto, by the remainder of the roll, ascertain the rate per cent, required, and
the rate so ascertained (using the full cent on each hundred dollars in place of
any fraction) is hereby levied and assessed to, on or against the persons or
property named or described in the roll, and is a lien on all such property until
the tax is paid; and the tax, if not paid within the time limited by the next
succeeding section for its payment, shall be delinquent, and must be collected
in the manner prescribed in sections eighteen hundred and forty-five, eighteen
hundred and forty-six, eighteen hundred and forty-seven, eighteen hundi-ed
and forty-eight, eighteen hundred and forty-nine, eighteen hundred and fifty,
eighteen hundred and fifty-one, and eighteen hundred and fifty-two of this
code. [Amendment, approved 3Iarch 28, 1874; Amendments 1873-4, lOG; took
effect from passage.'-"^

1839. Maximum rate of.

Sec. 1839. The maximum rate of tax levied by a district tax in any one year
for building purposes must not exceed seventy cents on each hundred dollars,
and the maximum rate levied for other school purposes must not exceed thirty
cents on each hundred dollars in any one year.

1840. 3ju(dization of.

Stc. 1840. The trustees upon receiving the assessment roll from the assessor
must give five days' notice thereof by posting a notice in three public places
in the district, and sit for at least three days as a board of equalization at such
time and place as has been named in such posted notices, and they have the
same power as county boards of equalization to make any changes in the assess-
ment-roll.

1841. Collection of

Sfx. 1841. As soon as the rate of taxation has been determined, as provided
in the pi-eceding section, the trustees must place the tax list in the hands of the
collector, who must then proceed to collect the tax, and within sixty days return
the roll to the trustees, with the word "paid" marked opposite the name of
each person or description of projDei-ty from whom or on which he has received
the tax; and he must also at the same time file with the trustees the county
treasurer's receipt for all the moneys by him collected; and the persons and
property on the roll not by the collector marked "paid" are delinquent.

1842. Varaiicy in office of assessor or collector.

Skc. 1842. In case any assessor or collector of district taxes refuses or neg-
lects to qualify, within ten days after his election or appointment, or having
qualified, refuses or negh-cts to act, or in case of any vacancy from aity other
cause in either or both of said offices, the board of trustees must call a special
election, giving at least five days' notice to fill such vacancy. [Amendment, ap-
proved March 28, 1874; Amendments 1873-4, 112; took effect from passage.'-^^

(a) The original Bcction did not have the words nieniing with " board of trustees must caU a special

" hLhII lie d<lin<i"'iit and." IiiKt<-ad <if tlic hint clauHU elt-ctlon," etc., had the words " board of trustees must

conjiu<noin« with the wirds " and must be <(dlected appoint some proper person to fin the place."
in the tnann<r"it had tlie wordn "and must be col- It was amended by act approved March 1.3,1874;

lect«-d in tin- same manner as delinijucnt state and Amen<lnientH 187:}-4, 82, so as to read like the amend-

county taxes." ment in the text, except that it recjuirod " at least tea

(6) The original section iniitead of the words com- days' notice " instead of " at least live days' notice."

248

EDUCATION. 1843-1849

1843. Compenmtio7i of assessoi' and collector.

Sec. 1843. The compensation of the assessor and collector must be fixed by
the board of trustees, and paid out of the money collected.

1844. Bond of collector.

Sec. 1844. The collector must execute an official bond in an amount to be
fixed by the board of tiiistees.

[Secs. 1845, 1846, 1847, and 1848, as originally passed,'"^ were repealed by
act approved March 13, 1874; Amendments 1873-4, 84; took efi^ect from pas-
sage; and afterward the following new sections were substituted in their place:]

1845. Delinquent tax list.

Sec. 1845. When any school tax shall have become delinquent, the delin-
quent tax list, duly certified by the district tax collector of the school district in
which the school tax has become delinquent, shall be delivered to the district
attorney of the county in which the district is situated. [New (substituted) section,
approved March 28, 1874; Amendments 1873-4, 106; took effect from passage.

1846. Recovery of delinquent tax.

Sec 1846. It shall be the duty of the district attorney of the county to com-
mence a civil action, in the name of the People of the State of California, in
any court of the county, to recover the delinquent taxes. [New (substituted) sec-
tion, approved March 28, 1874; Amendments 1873-4, 107; took effect from passage.

1847. Form of complaint.

Sec. 1847. In such action a complaint substantially in the following form
shall be sufficient:

[Title of Court.]

The People of the State of California
vs.
(Naming the defendant.)
Plaintiff avers that the defendant is indebted to the plaintiff in the sum of

$ , district school tax for school district, in the county of ,

State of California, for the year 18—, and $ costs of collection to date.

Plaintiff demands judgment in the sum of $ . [New (substituted) section,

approved March 28, 1874; Amendments 1873-4, 107; took effect from passage.

1848. Judgment, counsel fees.

Sec. 1848. If in such action the amount is paid, or the plaintiff recover judg-
ment, there shall be included in such judgment the sum of ten dollars as
attorney's fees. [New (substituted) section, approved March 28, 1874; Amend-
ments 1873-4, 107; took eff'ect from passage.

1849. Summons in action to enforce liens on real estate.

Sec 1849. In any action to enforce the collection of said tax, wherein any
j)art of the tax is charged in the complaint to have been levied or assessed

(a) Repealed sectione: the year; and Bucli tax must be equalized and coUected

Sec. 1845. The school superintendent In each county in the manner provided for equalizing and collecting

must, on or before the first day of March in each year, state and county taxes. The collector must pay over

furnish to the board of supervisors and tax collector, the money so collected to the county treasurer, who

respectively, an estimate in writing of the cost of must place it to the credit of the i-espective districts

maintaining a school for eight months in each school from which it is collected, as a special deposit, and

district in the county, together with the cost of inci- pay it out on the warrant of the school superintendent,

dental expenses and necessary repairs: and also an es- in the manner provided for the i)ajTnent of state and

timate of the amount of public money, both state and county school moneys.

county, to which each district will be entitled during Sec. 1847. If the supervisors fail to levy the tax as

the year, and the amount necessary to be raised in each herein i^rovided, then the auditor must, and add it to

school district to support a school eight months. the assessment-roll.

Sec. 1846. The board of supervisors in each county Sec. 1848. Any school district whose taxable property

must, after receiving the assessment-roll from the does not exceed seventy-five thousand dollars, and

county assessor, and must, at the time of levying other which does not contain more than twenty-five chil-

taxes in each year, levy a special school tax upon the dren between the ages of five and fifteen years, must,

property in each school district in which there is a de- on a proper showing of the facts, be exempted from

ficiency, for an amount which, together with the state the special taxation provided for in the two preceding

and county money to be received, is suiilcient to main- sections,
tain the school (or schools) for eight mouths during

249

1849-1852 POLITICAL CODE.

against, or to be a lieu iipou auy real estate or improvements on real estate, it
shall be competent to proceed in rem against such real estate or improvements,
or against both, such real estate being described in the summons in such man-
ner as to designate the particular tract or tracts of land sought to be charged,
and in case of improvements, designating the tract of land on which the im-
provements are situated; and the description shall be sufficient, if it can be as-
certained what land is intended, the summons also stating the amount of taxes
claimed as a lien, and the year in Avhich the taxes were assessed. Such sum-
mons need not name any i)articular defendant, but may be directed to all
owners, known and unknown, of the property described; and such action may,
at the option of the district attorney, also proceed against any or all persons or
corporations who are under obligations to pay the tax. [New section, approved
March 28, 1874; Amendments 1873-4, 108; took effect fi^om passage.

1850. Service of summons by publication.

Sec. 1850. Ser^vice of summons, whether issued by the district court or a
justice's coiu't, may be made by j^ublication of a copy of the summons once a
week for four successive weeks, in a newspaper published in the county in which
the action is commenced. The service of the summons shall be complete at the
expiration of the time of such publication. [New section, approved March 28,
1874; Amendments l^T^-A, 108; took effect from passage.

1851. Judgment lien.

Sec. 1851. Judgments rendered in such cases in the district court shall be
docketed and become liens upon all property of the defendant liable to taxation,
and may be enforced against the same; and the district attorney may file tran-
scripts of judgments rendered in justices' courts, under this article, with the
county clerk, who shall, thereuj^on, docket such judgments, and they shall be-
come liens from and after such docket entry, in like manner as judgments ren-
dered in the district court under this article, and the county clerk may issue
execution on such docketed justice's judgment as on judgments rendered in the
district court. [New section, approved March 28, 1874; Amendments 1873-4, 109;
took effect from passage.

1852. Proceedings in action, what laio to govern.

Sec. 1852. The law regulating proceedings in civil cases in the courts of
justice in this state, so far as the same is not inconsistent with the provisions of
this article, is hereby made applicable to proceedings under this article; and
any deed derived from a sale of real property under this act, shall be conclusive
evidence of title, except as against actual frauds or prepayment of taxes, and
shall entitle the holder thereof to a writ of assistance from the district court to
obtain possession of such property; provided, that the sheriff, in selling said
property, shall only sell the smallest quantity that any purchaser will take, and
pay tlje judgment and costs; and, provided further, that when property is sold
belonging to minors or persons under legal disability, they shall have until one
year after said disability is removed, to redeem said property, by paying the
whole bid and all subsequent taxes and interest. All moneys collected in this
behalf, except co.sts and charges, shall, without delay, be paid to the treasurer
of the county, for the use of the district in which the tax was levied; and the
date thereof shall be entered opposite the proper name or property in the delin-
quent list, which shall be open to public inspection. [New section, approved
March 28, 1874; Am<mdmeats 1873-4, 109; took effect from passage.

250

EDUCATION. 1857-1859

AETICLE XX.

GENERAL PROVISIONS RELATIVE TO SCHOOL FUNDS AND TAXES.

1857. No compensation allowed to certain officer for collecting, etc., school moneys.
Sec. 1857. No tax collector or county treasui-er must charge or receive any

fees or comj)ensation whatever for collecting, receiving, keej^ing, or disbursing
any school moneys; but the whole moneys collected must be paid to the county
treasurer.

1858. Apportionment of state arid county school fund, hoxo made.

Sec. 1858. All state school moneys apportioned by the superintendent of
public instruction, must be apportioned to the several counties in proportion to
the number of school census children between five and seventeen yearg of age,
as shown by the returns of the school census marshal of the preceding school
year; provided, that Indian children, who are not living under the guardian-
ship of white persons, and Mongolian children, shall not be included in the
apportionment list. The school superintendent of each county must apportion
all state and county school moneys as follows:

1. He must ascertain the number of teachers each district is entitled to, by cal-
culating one teacher for every one hundred census children, or fraction thereof
of not less than fifteen census children, as shown by the next preceding school
census;

2. He must ascertain the total number of teachers for the county, by adding
together the number of teachers assigned to the several districts;

4. All school moneys remaining on hand, after ajDportioning five hundred
dollars to each district having fifteen census children or more, for every teacher
assigned it, and after apportioning three hundred dollars to districts having
less than fifteen census children, must be apportioned to the several districts
having not less than fifty census children, in proportion to the number of census
children in each district. [Amendment, approved 3Iarch 28, 1874; Amendments
1873-4, 114; took effect from passage}^''

[As to apportionment of school moneys in certain counties, see ante, 1543.]

1859. Apportionment of state and county school fund, hoto made.

Sec 1859. On or after the first day of July, eighteen hundred and seventy-
five, no school district is entitled to receive any apportionment of state or
county school moneys, which has not maintained a public school for at least
six months during the then next preceding school year; but any new district
formed by the division of an old one, is entitled to its apportionment when the
time that school, maintained in the old district before division, and in the new
district after division, is equal to at least eight months. Any school district
which neglects or refuses to adoj)t and use the state series of text books, and
state course of studies required by law, is not a school district within the mean-
ing of this article. [Amendment, approved 3Iarch 28, 1874; Amendments 1873-4,
110; took effect from passage.'-^''

(a) Original section: It was amended by act of March 13,1874; Amend-

Sec. 1858. All state school moneys apportioned by ments 1873-4, 83, so as to read like the amendment in

the superintendent of public instruction, and all the text, except that it did not have the proviso in the

county school moneys api^ortioned by school superin- third subdivision, nor the following words in the

tendents, must be apportioned to the several school fourth, "having fifteen census children or more," or

districts and cities in proportion to the number of " and after apportioning tliree hundred dollars to dis-

school children between five and fifteen years of age, tricts having less than fifteen census children."

as shown by the returns of the school census marshals (6) 1 he original section did not have the words, " On

for the next preceding school year; but Indiim chil- or after the first day of July, 187.5" nor "and state

dren who are living not under the guardianship of course of studies." It had the words " three months "

white persons, and Mongolian children, must not be instead of "six months" and "eight months."
included in the apportionment.

251

1860-1872 POLITICAL CODE.

1860. Same.

Sec, 18G0. No school district is entitled to receive any apportionnient of
state or county school moneys unless the teachers employed in the schools of
such district hold legal certificates of fitness for teaching, in full force and
eflect.

1861. Wliai sfaie school fund may he used for.

Shc. 18G1, The state school fund, excepting as otherwise provided in this
chapter, must be used for no other purpose than the payment of teachers.

ARTICLE XXI.

MISCELLAXEOrS PROVISIONS RELATING TO PUBLIC SCHOOLS.

1867. Insulting or abusing teacher, when a misdemeanor.

Sec 18G7. Any parent, guardian, or other person, who shall insult or abuse
any teacher in the presence of the school, shall be guilty of a misdemeanor,
aud be liable to a fine of not less than ten nor exceeding one hundred dollars.
[l^ew section, apj)roved 21arch 28, 1874; Amendments 1873-4, 110; took effect
from passage.

1868. Disturbing public school, a misdemeanor.

Sec. 1868. Anj' person who shall willfully disturb any public school, or any
public school meeting, shall be guilty of a misdemeanor, and liable to a fine of
not less than ten nor more than one hundred dollars. [New section, approved
MarcJt 2S, 1874; Amendments lSl'd-4:, 110; took effect from passage.

1869. Issuance of certificate or diploma otherivise than as provided, a misdemeanor .
Sec. 1869. Any state, county or city, or city and county superintendent, or

any state, county, or city and county board of examinations, who shall issue a
certificate or dij^loma, except as provided for in this title, shall be guilty of
misdemeanor. [New section, approved March 28, 1874; Amendments 1873-4, 110;
took eff'ect from passage.

1870. School officers and teachers prohibited from acting as agent, etc.

Sec. 1870. No officer named in this title, or teacher in auy public school held
under the provisions of this title, must act as agent for any author, publisher,
bookseller, or other person, to introduce any book, apj)aratus, furniture, or any
other article whatever, in the common schools of this state, or any one or more
of tliem, or directly or indirectly contract for or receive any gift or reward for
so introducing or recommending the same; and auy officer so acting or receiving
must be deemed guilty of a misdemeanor, and on conviction, be punished by
fine or impi-isonment, and be removed from office. [New section, approved
March 13, 1.S74; Amendments 1873-4, 85; took eff'ect from passage.

1871. Apjplicanls must present evidence of good character.

Sec 1871. Diplomas or certificates shall be issued by any state, county, city,
or city and county board of examination, to such persons only as shall have
given evidence of good moral character. [Amendment, approved March 28, 1874;
Amendraeidsl^l'i-4:, 111; took effect from pjassage.'^^'^

1872. Appeals from orders revoking certificates or diplomas.

Sec 1872. AVhen a state certificate or dij^loma is revoked, Wie holder may
appeal to the state board of education; and Avljen any other certificate is
revoked he may appeal to the state board of examination.

(a) Original section : must produce satisfactory evidence of good moral

b£C. 1871. Apiilicaats for diplomas or tcrtiCcatea character.

252

EDUCATION. 1873-1877

1873. School officers may administer oaths.

Sec. 1873. Every officer cbarged with the performance of duties tinder the
jirovisions of this chapter may administer and certify oaths relating to offices or
official matters concerning public schools.

1874. Hooks once adopted must be continued four years — new hooks, ivhen and
how adopted.

Sec. 1874. Any books once adopted as part of a uniform series of text-books
must be continued in use for not less than four years; provided, that if at any
time after their adoption, the retail price of such books is raised above the first
introduction price, some other books may be substituted for such books; pro-
vided further, that such substitution, or the adoption of new books in j^lace of
books which have been in use not less than four years, must be in the following
manner :

1. At least six months' notice must be given of any proposed change of text-
books.

2. Publishers of text-books must be invited to submit proposals for the sup-
plying of the required text-books; said proposals must be accompanied by
sample copies of the books proposed to be furnished, together with the state-
ment of the retail price at which the books will be sold in this state, for the
full time for which the books are adopted.

3. If no projDosals are received, as required in the preceding subdivision, or
if the books proposed to be furnished are inferior in contents, or in binding,
paper, typograj^hy, or presswork, or are to be sold at a higher retail price than
the books already in use, then the books already in use must be continued in
use. [Amendment, approved March 28, 1874; Amendments 1873-4, 112; took
effect from passage.^''^

An Act to prevent changes in the text-books in use in the public schools.
Approved December 13, 1875; 1875-6, 1.

Text-books to be continued in use.

Section 1. The text-books in use in the public schools during the years
eighteen hundred and seventy-three, eighteen hundred and seventy-four, and
eighteen hundred and seventy-five, shall be continued in use in all the public
schools of this state until otherwise provided by statute, any j)rovision in the
existing law, or any act of the state board of education done, or to be done,
to the contrary notwithstanding.

Sec. 2. This act shall be in force from and after its passage.

1875. Penalties for neglect to use the books adopted.

Sec. 1875. If any city or district refuse or neglect to use the books that
may be prescribed, or use any other text-books in any of the prescribed
studies, the superintendent of public instruction must withhold from such city,
town, or district twenty -five per cent, of all state school moneys to which it
may be entitled until it comply; and any moneys so Avithheld must be appor-
tioned by the superintendent at the next annual apportionment in the same
manner as other school moneys in the treasury.

1876. Certain persons not to be interested in contracts.

Sec 1876. No school trustee or member of any board of education must be
interested in any contract made by the board of which he is a member; and any
contract made in violation of this provision is void.

1877. Printing and binding, by tvhom to be done.

Sec. 1877. All printing or binding required under this chapter must be exe-

(a) The original eection consisted of the first clause alone down to and including the words " four years."

253

1877-1898 POLITICAL CODE.

cuted by the state iirinter in the form and manner and at the prices of other
state jmnting, and be paid for in like manner.

1878. Scliool year, commencement of.

Sec. 1878. The school year begins on the first day of July, and ends on
the last dav of June.

TITLE lY.

Ch.uter I. Enrolled Militia 1895

II. National Guard 1912

m. Calling and Drafting the Militl^. into Actual Service .... 2039

IV. Courts Martial and of Inquiry 2076

V. Board of Military Auditors 2093

VI. Adjutant-General 2107

CHAPTEE I.

ENEOLLED MILITIA.

1395. Who are subject to military duty.

Sec. 1895. Every able-bodied male inhabitant of this state, except Mongo-
lians and Indians, between the ages of eighteen and forty-fi.ve years, not exempt
by law, is subject to militaiy duty. But no alien is obliged to serve or bear
arms against the state to which his allegiance is due. >

1896. Who are exempt from military duty.

Sec 1896. The following persons are exempt from military duty and enroll-
ment:

1. jMinisters of religion;

2. Civil and military officers of the United States;

3. Officers of foreign governments;

4. Civil officers of the State of California;

5. All persons exempted from military duty by the laws of the United States.

1897. Assessor to enroll persons subject to military duty — Taos collector to make en-

roUmeid in San Francisco.
Sec 1897. The district or county assessor of each and eveiy revenue district
or county in this state must, at the same time in each year when he prepares a
roll containing the taxable inhabitants of his district or county, enroll all the
inhabitants thereof sul)ject to military duty, which roll must be sworn to by
him and delivered to the clerk of the board of supervisors at the same time he
delivers the assessment roll. In the city and county of San Francisco the tax
collector must perform the duties by this section imposed uj^on assessors.

1898. Penally for neglect or refusal to make return.

Sec. 1898. If any assessor or the tax collector of the city and county of San
Francisco neglects or refuses to pei-fonn any of the duties required of him by
this chapter, he is subject to the same liabilities as are provided by lawfor a
neglect or refusal to perform any of the duties required of him in the assessment
of taxes, and, in addition, forfeits not less than three hundred nor more than
one thousand dollars, to be sued for in the name of the people of the state, by
the district attorney of the respective county, and when recovered to be i^aid
into the military fund of the state. If the clerk of the board of equalization

254

MILITIA. 1898-1913

neglects or refuses to make and deliver to the lirigadier-general of the brigade
to which his county belongs the triplicate of the military assessment roll, as
directed in this chapter, he forfeits not less than three hundred nor more than
five hundred dollars, to be sued for, recovered, and disposed of in the same
manner.

1899. Boards of equalization to correct the roll.

Sec. 1899. The board of equalization must correct the roll at the same time
and in the same manner as is prescribed by law for the correction of the assess-
ment roll.

1900. Copies to he forwarded to brigadier-general.

Sec. 1900. The clerk of the board of super^dsors must deliver to the briga-
dier-general of the brigade to which his county belongs a triplicate of such roll
certified by him, within ten days after the board of equalization have completed
their corrections.

1901. Compensation of assessors.

Sec. 1901. The compensation of assessors for making out the military roll
must be determined by the board of supervisors of the several counties, at the
rate of five dollars for each one hundred names of persons returned by the
assessors as subject to military duty.

1902. Bluster roll to he made by brigadier-general.

Sec. 1902. Each brigadier-general must, on the first Monday in October of
each year, make from the rolls received by him a muster roll, showing the
number of persons within the limits of his command subject to militaiy duty,
the original of which, signed by him, must be filed in his office, and a copy
thereof transmitted at once to the adjutant-general.

CHAPTER II.

THE NATIONAL GUARD.

Article I. General Provisions relating to National Guard 1912

II. Companies 1951

III. Regiments and Battalions 1982

IV. Divisions and Brigades 2003

V. Parades and Drills 2018

ARTICLE I.

GENEEAL PROVISIONS EEL.\TING TO THE NATIONAL GUAED.

1912. National guard, of what it consists.

Sec 1912. The organized uniformed militia of the state are known as the
national guard. This force shall not exceed thirty-six companies, as follows:
thirty-one comjjanies of infantiy, three companies of cavalry, and two of
artillery; and must be located throughout the state with reference to the mili-
tary Avants thereof, means of concentration, and other military requirements.

j [Amendment, approved March 30, 1876; Amendments 1875-6, 30; took effect from

I and after July 1, 1876.^*>

' 1913. Board of location and organization.

Sec. 1913. The commander-in-chief, major-general, adjutant-general, and the

, brigadier-general of each brigade, constitute a board for location and organiza-

\ tion of the national guard within such brigade, with power to transfer, attach,
or disband companies, and to reorganize at pleasure regiments and battalions.

} (n) The original section instead of "militia" had different arms, not to exceed in all forty;" Instead of

I the word " troops;" instead of " shall not exceed thirty- " thirty-one " the words " thirty-two," and instead of
1 Bix companies " the words •' consists of companies of " three companies " the word " six."

255

1914-1023 POLITICAL CODE. ^

1914. Xaiional guard io he organized into regiments.

Sec. 11>14. All companies of the national guard must as far as in-acticable be
organized into regiments, battalions, and batteries.

1915. What ojficers belong to.

Sec. 11)15. All commissioned officers of the staff of the commander-in-chief,
the adjutant-general, and the officers of his staff, the major-general and briga-
dier-genei-als, and all officers of their respective staffs, belong to the national
guard, and are at all times subject to be called into active service by the com-
mander-in-chief; and when called into active service, each officer must be called
and mustered according to his commission.

1916. Governor commander-in-chief.

Sec. 1916. The governor is commander-in-chief of the national guard.

1917. Staff of cov\mander-in-chief.

Sec. 1917. His staff consists of one adjutant-general, with the rank of briga-
dier-general; one chief engineer, one paymaster-general, one judge advocate
general, and one surgeon-general, each with the rank of colonel, and six aids-
de-camp, with the rank of lieutenant-colonel; appointed by and holding office
at the pleasure of the commander-in-chief.

1918. Appointment and term of office of generals.

Sec 1918. The commander-in-chief, by and with the advice and consent of
the senate, must apjDoint one major-general, and for each brigade of the na-
tional guard of the state, one brigadier-general, who must be citizens of the
fnited States and of the state; and the brigadier-generals must be residents of
localities within the brigades for which they are appointed. They hold their
offices for the term of four years.

1919. Restrictions in residence of staff officers.

Skc. 1919. The staff officers must be residents of the state and of their re-
spective brigades.

1920. Effect of line officers accepting commissions on staff.

Sec. 1920. Any officer of a regiment, battalion, or company, accepting any
staff ajipointment, except that of adjutant and quartermaster, is held to have
resigned his commission in such regiment, battalion, or company.

1921. Oath of officers and members.

Sec. 1921. All officers and soldiers of the national guard, on becoming mem-
bers and before jierforming duty, must take and subscribe the following oath,
which all commissioned officers thereof are authorized to administer: " I do
solemnly swear that I -will support the constitution of the United States and
the constitution of the State of California, and will maintain and defend the
laws and all officers employed in administering the same." "Which oath, certified
by the officer administering the same, must be returned to the adjutant-general
and l>e preserved with the rolls of companies.

1922. Systnn of instruction.

Sec 1922. The systems of instruction prescribed for the different arms in the
United States army must be followed in the military drills and instruction by
the national guard and the enrolled militia when called into active service.

1923. Uniform.

Sjx. 1923. Tiie uniform of the national guard is the same as that adopted
and in use by similar troops in the army of the United States. Companies
already organized may wear the uniform now in use until supplied l)y the state
with the proper uniform, after whicli the uniform so supplied must be worn,
except at company parades or drills. No moneys received from the state musii,

25G

MILITIA. 1923-1932

be used or applied to the purchase of uniforms other than those first in this
section mentioned. The uniform of generals and staff officers is similar to that
of officers of the same grade in the army of the United States.

1924. Rank of officer.

Sec. 1924. All commissioned officers of regiments, battalions, and companies
of the national guard must take rank according to the date assigned them by
their commissions; and when two of the same grade are of the same date their
rank must be determined by length of j)i'evious military service in the state;
and if of equal service, then by lot. Officers of regiments, battalions, and
companies of the national guard in all cases are of sujDerior rank to officers of
the enrolled militia of the same grade, irrespective of the date of theii- com-
missions.

1925. Officers re-elected not to he recommissioned .

Sec. 1925. When an officer is re-elected no new commission issues, but a
certificate of such election must be indorsed upon his original commission.

1926. Resignations, how made.

Sec 1926. Any officer resigning his commission must do so in writing, and
transmit the same through his immediate commanding officer, who will make
his indorsement thereon, and the resignation takes effect when accepted by the
commander-in-chief.

1927. Vacancies in elective offices, how filled.

Sec 1927. Vacancies in elective offices are filled by election. "When vacan-
cies occur at an election through the promotion of any officer, such vacancies

may then and there be filled without further order.

■'/'

1928. Absence or removal, when deemed resignation.

Sec 1928. Any commissioned officer who removes from the limits of his
brigade is deemed to have resigned, and the major-general, brigadier-general,
or any commissioned officer who absents himself from the state for more than
three months, without the permission of the commander-in-chief, is deemed to
have resigned.

1929. Discharges, when and by ivhom granted.

Sec 1929. No officer of the national guard inferior in gi-ade to a regimental
or battalion commander or an officer commanding an unattached comj^any, has
power to grant discharges to non-commissioned officers, artificers, musicians,
or privates. All discharges must be in writing, and must set forth fully the
cause of the discharge, and be signed by the officer granting it.

1930. Disobedience of orders, unsoldierlike conduct — penalty.

Sec 1930. Any officer or private on military duty who disobeys the orders of
his superior, uses reproachful or abusive language to his superior, or misbe-
haves or demeans himself in an uuofficer or unsoldierlike manner, must be
immediately arrested, if a commissioned officer, and if a non-commissioned
officer or soldier, must be disarmed and put under guard, and tried and punished
by a court-martial, according to law and military usage.

1931. Interrupting officer or private in discharge of his duty — penalty.

Sec 1931. If any person interi-upts, molests or insults-, by abusive words or
behavior, any officer or private while in the perfonnance of his military duty, he
must be immediately ]yut under guard and kept, at the discretion of the com-
manding officer of the forces engaged in the performance of such duty, until
the setting of the sun of the same day on which the offense is committed.

1932. Expulsion for disgraceful cause bar to re-entry.

Sec 1932. No non-commissioned officer, ariificer, musician or private expelled
from his company, or dismissed from service for any disgraceful cause, must be
17 257

1932-1937 POLITICAL CODE.

permitted to again euter any company of the national guard, except the offense
is pardoned by the commander-in-chief.

1933. Protection of paradr ground.

Sec. 1933. The" commanding officer of any parade, review or drill, and the
officer in charge of any rendezvous, may cause the ground selected for that pur-
pose to be marked or designated in such a manner as not to obstruct the passage
of travelers on any public highway; and if any person, during the occupation
of such ground for such military purpose, enters upon such ground without the
pennission of the officer commanding or in charge, he may be put and kept
under guard, by the order of such commander, until the setting of the sun of
the same day.

1934. By-laics.

Sec. 1934. Eegimental, battalion and company rules of government and by-
laws, regularly adopted and approved by such regiments, battalions or com-
panies, not inconsistent Avith the provisions of this title, may be adopted and
enforced in such regiments, battalions and companies.

1935. Fines.

Sec. 1935. All fines and penalties for non-attendance upon drills, parades,
and inspections, legally determined and imj)osed under the provisions of such
rules and by-laws, 'may be collected by action in justice's court, in the name of
the people of the State of California; and the books and records of regiments,
battalions, and companies, and the proceedings under vdiich delinquents are
fined, are prima facie evidence of the facts therein stated. [Amendment, ap-
proved March 30, 1874; Amendments 1873-4, 35; took effect July 6, 1874.'''^

1936. Exemption from poll tax, etc.

Sec. 1936. All officers, musicians, and privates of the national guard, who
comply with all military duties, as provided in this chapter, are eii titled to the
following privileges and exemptions, viz. : Exemption from payment of jdoII
tax, road tax, and head tax of ever}" description. All officers, non-commis-
sioned officers, musicians, and privates, who have faithfullj^ served in the mili-
tary service of this state, for the space of seven consecutive years, and receive
the certificate of the adjutant-general certifying the same, are thereafter
exempted from further military service, except in time of war. And the adju-
tant-general must issue such certificate of exemption, when it appears that the
party applying is entitled to the same. [Amendment, approved March 30, 1874;
Amendments 1873-4, 36; took effect July 6, 1874.(''>

1937. Lid of pei'soyis so exempt to he given to assessor.

Sec. 1937. Each commander of a comi^any of the national guard must make
out a list, certified under oath before a notary public, on or before the first day
of !Miirch of each year, of every officer, non-commissioned officer, musician,
and private of the company entitled to exemption from tax, which list must be
transmitted to the colouel or commanding officer of the regiment or battalion
to which such company belongs, who must transmit the same, together with a
list of his i'uAd and stall" and non-commissioned staff, made out in like manner
and certified by him under oath before a notary public, to the brigadier-general,
which lists, if correct and approved by the brigadier-general, must by him be
sei'ved upon the county assessor of the county in which such regiments, bat-
talions, or companies are located; and the county assessor must thereupon note
opposite the names of all persons such exemption.

(o) The original Bection had the word " priiriary " (';) The original section after the words " head tax
instead of " prima facie." of every description " had the words " exemption from

jury duty and from sen-ice on any poBse comitatiis."

258

MILITIA. 1938-1956

1938. Commander-in-chief may disband, etc.

Sec. 1938. The commauder-iu-chief may at any time disLand any portion of
the national guard.

1939. Bides and regulations of United States army, how far applicable.

Sec. 1939. The rules and regulations of the army of the United States so far
as the same may be applicable and not inconsistent with the laws of this state,
constitute the rules and regulations for the government of the national guard.

1940. No fees allowed to officers for administering oaths.

Sec. 1940. No officer is entitled to charge or receive any fee or compensation
for administering or certifying any oaths administered or certified under the
provisions of this chapter.

AKTICLE II.

COMPANIES, AND THE DISTRIBUTION OF ARMS.

1951. Applications for leave to organize companies.

Sec 1951. Whenever a sufficient number of persons, residents of any county
in this state, subject to military duty, subscribe a call for the organization of a
company, the adjutant-general, upon the application of such person, and with
the approval of the general of brigade, must present the same to the board for
the organization of the national guard.

1952. If accepted, brigadier-general must appoint person to organise.

Sec 1952. If such company is accepted, the adjutant-general must direct the
brigadier-general to appoint some person, resident of the county, to open a book
in which to enter the names of persons so applying, and must fix a time and
place of meeting for the purpose of organization, by giving ten days, notice
thereof, by publication in some newspaper, or by posting notices in at least
three public p)laces in the county.

1953. Organization.

Sec 1953. The person appointed must:

1. Preside at such meeting and organize the same;

2. Superintend the election for commissioned officers of the company, which
must be by ballot;

3. Make out, after such election, a list of persons organized, a certificate of
each officer elected, together with a copy of the proceedings of the meeting, and
a copy of his aj^pointment, and of the notice of the meeting, certified by him,
and transmit them to the brigadier-general commanding the brigade.

1954. Brigadier-general to act upon certificate, and transmit it.

Sec 1954. The brigadier-general must, if found correct, transmit the same,
with his approval, to the adjutant-general.

1955. Company to be listed and officers commissioned.

Sec 1955. If such company has been organized and the officers elected in
conformity with the provisions of this chapter, the company must be listed in
the office of the adjutant-general as a company of the national guard, and the
officers elected must be commissioned and hold office for the term of two
years.

1956. Non-commissioned officers of companies.

Sec 1956. All company non-commissioned officers of the national guai'd must
be nominated by commanders of their respective companies, subject to the ap-
proval of the commanders of the regiment or battalion; and such non-commis-
sioned officers cannot thereafter be removed or reduced in rank excejot as herein
provided, or by the commander of the regiment or battalion, for neglect of
duty or other sufficient cause.

259

1957-1963 POLITICAL CODE.

1957. Non-coi7wnssioned officers of haiteries.

Sec. 1957. Commanaers of batteries and unattached companies liave the same
authority with non-commissioned officers as is herein conferred upon command-
ers of regiments and battalions.

1958. Company name or number.

Sec. 1958. Each company of the national guard may adopt a distinct name;
but if attached must be known by a particular letter or number in the regiment
or battalion to which it belongs.

1959. Compamj roll and term of service.

Sec. 1959. All persons on entering the national guard must sign a company
roll, and join for 2iot less than three years' service.

1960. Person not to he member of iivo companies at the same time.

Sec. 19G0. No j)erson can be a member of two companies at the same time;
and any member of a company who removes beyond the limits of the county is
discharged from such company.

1961. Companies, how armed and equipped.

Sec 19G1. The companies of the national guard are armed and equipped in
the same manner as similar corps in the United States army.

1962. JSumber of officers and privates.

Sec. 19G2. The comj^anies of the national guard are composed of the following
officers and privates, viz. :

1. Each company of cavalrj', of one captain, one first lieutenant, one senior
and one junior second lieutenant, five sergeants, four corporals, one trumpeter,
one farrier and not less than thirty nor more than eighty privates;

2. Each company of infantry, of one captain, one first lieutenant and one
second lieutenant, one orderly sergeant, one quartermaster sergeant, four ser-
geants, eight corporals, one marker, one drummer, one fifer and not less than
forty nor more than one hundred privates;

3. Light batteries, of one captain, two first lieutenants, two second lieuten-
auts, one first sergeant, one quartermaster sergeant, six sergeants, twelve cor-
l)oraLs, two musicians, one wagoner and not less than thirty privates.

1963. Requisition for arms and equipments.

Sec. 1903. "When a company is organized, its commanding officer may make
a requisition thi'ough the proper military channel for such arms and accoutre-
ments, ammunition, clothing and stores as are required.

An Act to furnish arms for the use of military academies in the state.
Approved February 20, 1872; 1871-2,121.

Military academy — majors.

Section 1. That Avhen a military academy has been established within the
state, having not less than eighty boys, uniformed, drilled, and instructed in
strict accordance with the tactics of the regular United States army service, and
all its course of education and economy conducted upon strict military prin-
ciples, the military instructor of such academy, when regularly elected by the
board of trustees or other lawful authority of the academy, be commissioned in
the national guard of California, with the rank of major.
JJond and issue of arms, etc.

Sec 2. That upon giving bond, with good security, to be approved by the
county judge of tlie county where the academy is situated, conditioned for the
safe keeping against fire, loss, and against all damages, in twice the value, that
arms and accoutrements, the property of the state, be issued for the use of such
military academy,

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MILITIA. 1963-1971

Eequisition.

Sec. 3. The adjutant-g-eueral of the state is liereby authorized to issue such
arms and accoutrements as may be needed by the said military academies, with-
out a monthly allowance, in the same manner as arms and accoutrements are
issued to regular organized comjDanies of the national guard of California, upon
requisition made for this purpose, approved by the commander-in-chief.

Sec. 4. This act shall take effect immediately.

1964. Proceedings on approval of requisition.

Sec. 1964. If the commander-in-chief approve the requisition, he must make
an order upon the back thereof directing the issue by the adjutant-general,
who must immediately notify the officer making the requisition that the arms,
accoutrements, and ammunition, or any portion thereof, are ready to be
issued.

1965. Bonds and seciirihj.

Sec. 1965. Thereupon such officer must give such bonds and security as may
be required by the adjutant-general to secure the state from loss on account of
use or misax^plication thereof.

1966. Issue of arms, etc.

Sec 1966. Such bonds being to his satisfaction, and on receiving duplicate
receipts from such company officer, the adjutant-general must make the issue.

1967. Receipt.

Sec 1967. The adjutant-general must file one copy of such receipts in his
office, and transmit the other to the general of brigade.

1968. Inspection of arms, etc.

Sec 1968. All arms, equipments, and military stores are subject to examina-
tion by the inspector and ordnance officers of the state, and of any other officer
designated by the commander-in-chief for that purpose.

1969. Repair of arms, etc.

Sec 1969. If such officer find any of such property out of repair, injured or
defective, he must immediately notify the facts to the commander-in-chief
through the proper channel, who, if the damage is not repaired, and the defects
and losses supplied within a reasonable time, must order the same to be done
u,nder the direction of some officer; and the vouchers for the expense thereof,
when audited by the state board of military auditors, must be paid from the
military fund on the warrant of the controller.

1970. Mastei's and muster-rolls.

Sec 1970. The commanding officer of each company must, in the month of
September in each year, muster and inspect his company, and make out and
certify triplicate muster-rolls showing the names and number of the members of
the company, the officers in the order of their rank, and the privates in alpha-
betical order, and he must also attach to each roll a list of the ordnance,
ordnance stores, arms, accoutrements, clothing, and other property of the state
in possession of the company. He must transmit, through the proper militaiy
channels, one copy of the roll and list attached, to the major-general, one to
the brigadier-general of his brigade, and one to the adjutant-general.

1971. Same.

Sec 1971. If such company forms a part of any organized battalion or regi-
ment, the commanding officer thereof must transmit the same, with a muster-
roll of the field and staff officers of his regiment or battalion, to the adjutant-
general, through the proper channels of military correspondence.

261

1972-1989 POLITICAL CODE,

1972. Same.

Sec. 1972. T\'ben any regiment or battalion is composed of companies located
iu any one town or city of the state, the same may be mustered by its com-
manding officer as a regiment or battalion.

AKTICLE III.

REGIMENTS AND BATTALIONS.

1982. liegimenfs and haifalions of infantry.

Sec. 1982. A regiment of infantry of tlie national guard consists of not less
than six nor more than eight companies. Any less number of companies than
six constitute a battalion.

1983. Ii''gimen{s of cavalry.

Sec 1983. A regiment of cavalry consists of not less than eight nor more
than twelve companies.

1984. Field officers, number and designation.

Sec 1984. The field officers of a regiment are one colonel, one lieutenant-
colonel, and one major. A cavalry regiment may have two majors. The field
officers of a battalion, when composed of six companies and less than eight,
are one lieutenant-colonel and one major; when comiDOsed of three companies
and less than six, then one major only.

1985. Mode of election.

Sec. 1985. Such officers are elected b}' the commissioned officers of the differ-
ent compauies comprising the regiment or battalion; and if the regiment or
battalion is already formed, by all the commissioned officers thereof, and hold
office for the term of four years. Upon application of the officers entitled to
elect, the general of brigade to which such regiment or battalion is attached or
to be attached, must apjwint a suitable person to preside at the election, who
must give notice of his appointment, of the time and place of holding the elec-
tion, and of the offices to be filled, which notice must be published at least ten
days in some newsimper published M'ithin the limits of the brigade, or, if no
paper is jjublished within such limits, by posting notices in at least three con-
spicuous places.

1986. Returns of election.

Si:c. 198G. Such presiding officer must make return of the election held,
through the proper military channels, to the adjutant-general, who, upon find-
ing tlie same in accordance with the provisions of this chapter, must notify the
commander-in-chief thereof.

1987. Battalions of light artillery.

Sec. 1987. "When two or more companies of light artillery are in the same
brigade, they must be formed into a battalion and be commanded by a major,
if composed of two companies, and by a lieutenant-colonel if of three compa-
nies and less than six.

1988. Officers, and rules and regulations for.

Sec. 1988. In the election of officers, the ai?pointment of non-commissioned
officers, and rules of government and discipline, the provisions of this title for
the government and discipline of the other arms of the national guard, as far
as applicable, govern battalions of light artillery.

1989. Drills of.

Si;c. 1989. The provisions in this title contained relating to battalion drills
do not ai)ply to light aiiillei^; but the commanding officer of a battalion of

2G2

IVnLITIA. 1989-2006

light artillery must personally drill each company of his command not less than
three times in each year, one of which drills must he with harnessed battery.

1990. Staff of colonel, lieutenant-colonel, and major.

Sec. 1990. The staff of a colonel of a regiment, and of a lieutenant-colonel or
a major commanding a battalion, consists of one adjutant, one quartermaster,
one commissary and paymaster, and one assistant surgeon, each with the rank
of first lieutenant, and one sergeant-major, and one quartermaster-sergeant, to
be appointed by such commanding officer, and holding office at his pleasure.

1991. Chaplains.

Sec. 1991. Commanders of regiments and battalions may appoint chaplains.
Sergeant standard bearers and general guides may be detailed by the command-
ing officer.

1992. Drum corps.

Sec. 1992. Commanders of regiments and battalions may concentrate the
music of their different commands, and organize the same under a di-um-major
as a drum corps. .

1993. Bands.

Sec. 1993. "When bands of music have not been organized for any regiment
or battalion in the manner provided in the regulations of the arm}' of the United
States, such regiment or battalion, through its commanding officer, may hire
the services of any baud of musicians at their own expense, and the persons so
employed are, during the term of their engagement, subject to the same laws
and regulations that govern the military with which they may sers'e.

AETICLE IV.

DIVISION AXD BKIGADES.

2003. Number of brigades.

Sec. 2003. The national guard of this state is organized into six brigades,
each commanded by a brigadier-general, as follows:

Fi7^st Brigade — San Diego, Los Angeles, San Bernardino, Santa Barbara, San
Luis Obispo, and Monterej^ counties.

Second Brigade — Santa Cruz, Santa Clara, San Mateo, San Francisco, Alameda,
Contra Costa, Marin, Sonoma, Solano, Napa, and Lake counties.

Third Brigade — San Joaquin, Mariposa, Tuolumne, Fresno, Stanislaus, Cala-
veras, Merced, Mono, Inyo, Kern, and Tulare counties.

Fourth Brigade — Sacramento, Yolo, Sutter, El Dorado, Alpine, Amador,
Placer, Nevada, Yuba, and Sierra counties.

Fifth Brigade — Butte, Plumas, Lassen, Colusa, Tehama, Shasta, Trinity, and
Siskiyou counties.

Sixth Brigade — Mendocino, Humboldt, Del Norte, and Klamath counties.

2004. The brigades compose one division.

Sec. 2004. The six brigades of the national guard compose a division, com-
manded by a major-general.

2005. New counties, how attached.

Sec. 2005. New counties hereafter organized must be attached to the respective
brigade in which the larger portion of such new county is now located.

2006. Staff of major-general.

Sec. 2006. The staff of the major-general consists of one assistant adjutant-
general, one engineer officer, one ordnance officer, one quartermaster, one com-
missary, one paymaster, one dirision inspector, one judge advocate, and one
surgeon, with the rank of lieutenant-colonel, two aids-de-campj with the rank

263

2006-2027 POLITICAL CODE.

of major, and four staff orderlies, with the rank of sergeant-major, who are
appointed by and hokl office at the pleasure of the major-general.

2007. Siaff of brigadier-general.

Sec. 2007. The staff of each g^eneral of brigade consists of one assistant
adjutant-general, one engineer officer, one ordnance officer, one quartermaster,
one commissary, one paymaster, one brigade inspector, one judge advocate, and
one surgeon, -n-ith the rank of major, one aid-de-camp, Avith the rank of cap-
tain, and two staff orderlies, with the rank of sergeant-major, who are apx^ointed
by the brigadier-general, and hold office at his pleasure.

AKTICLE V.

PARADES AND DRILLS.

2018. Parades, time of.

Sec. 2018. The national guard of California must parade at least three times
in each year :

1. On the fourth day of July, by regiment or battalion, if practicable;

2. On the ninth day of September, by battalion, if practicable;

3. In the month of May, b}^ companies, for target practice.

2019. Public Inceptions and celebrations.

Sec. 2019. Upon receptions, or upon the celebration of any event of public
importance, the commanding officer of the brigade may order out any portion
of the national guard under his command to join in such parade.

2020. Companies jMvading ivith less than thirty members may be disbanded.

Sec. 2020. Any comj)any parading at any of the parades or drills in this
article provided for with a less number than thirty-two, rank and file, must be
re^Dorted to the adjutant-general, and by him notified to the commander-in-chief,
who in his discretion may disband the same.

2021. Exemptions from arrest.

Sec. 2021. No person under military orders for parade, drill, or other mihtary
service, is subject to aiTCst on civil process while going to, or returning from,
or on such parade.

2022. Drills, regimental and battalion, thne of.

Sec 2022. Commanders of regiments and battalions must assemble their
commands for battalion drills at least once in each year, exclusive of the legal
brigade, regimental, or battalion parade.

2023. Companies failing to report may be disbanded.

Sec 2023. Any company failing to report for duty at such assemblage must
be rei)orted to the adjutant-general, who must notify the same to the com-
mander-in-chief, who may in his discretion disband it.

2024. Cavalry drills.

Sec 2<J2-4. Cavalry must drill, mounted, at least twice in each year.

2025. Drill of regimeiU not concentrated.

Sec 2025. When regiments are not concentrated, a portion of the companies
may be assembled for battalion drill.

2026. Company drills, time of.

Sec 2020. Each company must assemble at least once a month for drill or
military instruction.

2027. Company drills in Sacramento and San Francisco.

Sec 2027. The companies located in the city and count}' of San Francisco
and in the city of Sacramento, must assemble once a week for drill.

2G4

MILITIA. . 2028-2042

2028. Penalty J or absence from compamj drills.

Sec. 2028. All o£Eicers or members who absent themselves from three con-
secutive assemblages without an excuse accej^table to the commanding officer,
are debarred from the privileges and exemptions provided for members of the
national guard; and if a non-commissioned officer or private is I'eported to the
commanding officer of the regiment or battalion as having so absented himself,
he may, upon the recommendation of the commanding officer of the company
to which he belongs, be expelled the service.

2029. Book to be kept showing who was present at company drill.

Sec. 2029. Commanders of companies must teep a book, in which must be
entered the number of officers, non-commissioned officers, and privates, re-
spectively, present at each drill, and must therefrom make monthly returns to
the commanding officer of the regiment or battalion.

2030. Schools for instruction.

Sec. 2030. The commanding officer of any brigade, regiment or battalion may
require the officers thereof to meet for military instruction at such times and
places as he may fix, and may also prescribe the mode and manner of instruc-
tion, and the rules and regulations to govern such meetings.

CHAPTER III.

CALLING AND DRAFTING THE MILITIA INTO ACTUAL SERVICE.

2039. Militia, when and by whom called into actual service.

Sec. 2039. In case of war, insurrection or rebellion, or of resistance to the
execution of the laws of this state, or upon the call or requisition of the presi-
dent of the United States, or upon the call of any officer of the United States
army commanding a division, department or district in California, or upon the
call of any United States marshal in California, or of the chief executive officer
of any city, or of any sheriff, the commander-in-chief is authorized to call into
active service any portion of the national guard or enrolled militia.

2040. Same.

Sec 2040. In case of the absence of the commander-in-chief from the capital,
or if it is impossible to immediately communicate with him, the civil or military
officer making the requisition for troops may, if he deem the danger imminent
and not admitting of delay, serve a copy of such requisition, together with a
statement of the governor's absence or the impossibility of immediately com-
municating with him, upon the major-general, or, in his absence, upon the gen-
eral of the brigade, who is authorized to exercise, with respect to calling out
the troops of his division or brigade, the powers conferred in this section upon
the governor; but if the call is disap^D roved by the governor, the troops so called
into service must be immediately disbanded.

2041. Call, how made.

Sec. 2041. Such call must be made by an order issued and directed to the
commanding officer of the company, battalion, regiment, brigade or division
which is called into service, designating the particular troops called, the time
and place of rendezvous, and the officer to whom they must report.

2042. Duty of officer to ivhom order directed.

Sec, 2042. If such order is directed to the major-general of division, it must
be immediately communicated to the brigadier-generals, and by them to all the
officers of their respective brigades.

2G5

2043-2051 POLITICAL CODE.

2043. Same.

Hhc. 2043. Every officer receiving such order must rendezvous and report for
duty as herein directed; and eveiy officer commanding an organized company or
battalion of the national guard, on receiving such order, must immediately pro-
ceed to notify the same to each individual of his command, by personal notice
or by publication in some newspaper, or by the posting in pubHc places of the
county or counties from which the call is made.

2044. Same.

Sec 2044. Such officer must attend in person, or by deputing an officer of the
organized militia in his j^lace, at the place of rendezvous, and take the names of
all volunteers for service under such call.

2045. Organization of companies, etc., and election of officers.

Skc. 2045. If the number of such volunteers is sufficient to form one or more
companies or battalions, he must immediately call and superintend the election
of the officers of such companies or battalions.

2046. Proclamation for election.

Sec. 204G. A proclamation of the call of such election, made by the officer
calling it, at the place of rendezvous, is a sufficient notice.

2047. Commander-in-chief may assign volunteers to companies or battalions

already in active service.
Sec 2047. The commander-in-chief has authority, if he deem it expedient, to
direct that a portion of the volunteers so presenting themselves be assigned to
comiDanies or battalions already in active service whose numbers are less than
the full complement.

2048. Organization and command of troops from different brigades.

Si;c. 2048. "Where troops are called into active service from different brigades,
and the number so called are not more than sufficient to constitute one complete
brigade, the commander-in-chief mv;st so organize them, and must designate the
particvdar brigadier-general to command it.

2049. When draft may be ordered.

Sec. 2049. If the number of volunteers presenting themselves at the place of
rendezvous is insufficient to satisfy the call of the commander-in-chief, the
brigadier-general of the brigade in which such call is made must promptly pro-
ceed to draft from the enrolled militia of his brigade a sufficient luimber of men
to satisfy the call, and this draft must be made by putting the names of all the
enrolled militia of the county or counties from which the order directs the forces
to be raised into a box, and drawing therefrom a sufficient number of names to
satisfy the call.

2050. Wlin iu siipnrinfend draft.

Sec. 20r)0. The major-general must be present and superintend the drafting
of the enrolled militia under any call by the commander-in-chief; but his pres-
ence is ijot necessary to give validity to the proceedings. In case of the absence
or inability of the brigadier-general, the officer next in rank of the brigade, or,
in default c^f any officer of tliat l)rigade for duty, the major-general, or, in his
default, the commaudcr-iu-chief, must designate some other officer to perform
that duty.

2051. Persons drafted to rrndrzvous.

Six'. 2051. The jjersons drafted must be summoned by some officer appointed
for that i:)uiiiose by the brigadier-general in the manner prescribed by law for
the summoning of witnesses in civil cases, the time and place of rendezvous, as
ordered by the brigadier-general, being stated iu the summons.

266

MILITIA. 2052-2CG1

2052. Elt'cHon of officers.

Sec. 2052. As soon as a suflScient number of drafted men have appeared at
the rendezvous to form a company or companies they must proceed to the elec-
tion of their company officers.

2053. Refusing to rendezvous, penalty for.

Sec, 2053. Any member of the national guard who neglects or refuses to
rendezvous when ordered out by the commander-in-chief, is giiilty of disobe-
dience of orders, and may be tried and punished by a court-maiiial; and any
member of the enrolled militia who refuses or neglects to rendezvous when
drafted, is subject to a penalty of not less than fifty nor more than three hun-
dred dollars, to be recovered by an action brought by the district attorney, in
the name of the people of the state, upon the certificate of the officer ajopointed
to make the draft, before any court of competent jurisdiction in the county
from which such person was drafted, and the fine recovered must be paid into
the state treasury to the credit of the general fund.

2054. Companies, how attached.

Sec. 2054, Any company of the enrolled militia drafted and organized, may,
by direction of the commander-in-chief, be enrolled and mustered into any bat-
talion of the national guard having less than eight companies.

2055. Drafted men may he enrolled in existing companies.

Sec. 2055. Drafted men of the enrolled militia not organized into companies,
may, at the discretion of the commander-in-chief, be enrolled and mustered into
any existing company of the national guard or enrolled militia not having the full
mxmber authorized by law and which has already been called into active service.

2056. Substitutes.

Sec, 2056, Any person called or drafted into service may furnish as a substi-
tute any person fit for mihtary duty who has not been called or di'afted into
service.

2057. Same.

Sec. 2057. When any j^erson drafted for service offers, at or after the time of
rendezvous, a suitable substitute, and such substitute consents in writing to
subject himself to all the duties, fines, forfeitures, and punishments to which
his principal would have been subject had he personally served, he must be
accejDted by the officer making such draft.

2058. Same.

Sec. 2058. The person whose substitute is so accepted is not subject to draft
during the term of service of the substitute.

2059. Rules governing conduct of troops when called out to suppress insurrec-

tion, etc.
Sec. 2059. The conduct of trooj^s when called out to suppress an insurrection
or rebellion, to disperse a mob or enforce the laws, is provided for in section 731
of The Penal Code.

2060. Duration of commissions of officers called into actual service.

Sec. 2060. The commission of any officer called into active service continues
until he is discharged by the order of the commander-in-chief.

2061. Vacancies occurring in actual service, how filled.

Sec. 2061, All vacancies of officers and non-commissioned officers in active
sen^ice must be filled by appointment or promotion; the first by the commander-
in-chief, and the second by the commanding officer of the battalion or of the
company, in case such company forms no part of any battalion.

267

20C2-2077 POLITICAL CODE.

2062. Same.

Sic. 2002. In filling vacancies of commissioned officers the commander-in-
cLief must, as a general rule, promote by seniority, or appoint on the recom-
meudatiou of their superior officers those in active service, and in any case of
departure from this rule the commander-in-chief must report his reasons for
such departui-e to the senate.

2063. Same, for personal bravery in battle, etc.

Skc. 20G3. The commamliug officer of troops in active service may nominate
to any vacancy for personal bravery or service in siege or battle, and if the gov-
ernor commission some other person than the one so nominated, he must rej)ort
his reasons to the senate; and if the senate in either of the foregoing cases dis-
approve of the reasons given, the commission so given is vacated, and the
governor must immediately- j^^'oceed, with the advice and consent of the senate,
to fill .such vacancy.

2064. Hides to govern militia when in actual service.

Si;c. 20G4:. The rules and regulations established by congTCss for the govern-
ment of the army of the United States are applicable to and govern the militia
of this state when in active service.

2065. Pay of officers and privates when in actual service.

Sec 2065. Officers and privates while on active duty in the ser\dce of the
state receive the same pay as the officers and privates of the United States anny
of similar grade serving on the Pacific coast; the same to be audited b}^ the
board of military auditors, upon the pay-roll properly made up and signed by
such officer.

2066. Pay of officers when detailed on special duty.

Sec. 2066. When an officer is detailed for special duty in any matter relating
to the national guard, or care of state militaiy property, by order of the com-
mander-in-chief, he must be allowed jiay proper, and such reasonable traveling
expenses as the board of military auditors may allow, upon sworn vouchers
showing actual expenditures.

CHAPTER IV.

COURTS, MARTIAL AND OF INQUIRY,

2076. Who may appoint courts-martial.

Slc. 2U76. The following officers may appoint courts-martial:

1. The commander-in-chief, for the trial of general officers and all officers of
the staff of the commandor-in-chief;

2. The major-general, for the trial of all staff officers of the division and
brigades, and for the field and staff officers of battalions and regiments;

3. Brigadier-generals, for the trial of all captains and commissioned officers
under their rank in their respective brigades;

4. Commanding officers of regiments and battalions, for the trial of officers
and privates of their respective commands;

5. Commanding officers of batteries or of unattached companies, for the
trial of officers and privates of their respective commands.

2077. Organization and rules.

Sec. 2077. Courts-njartiul appointed under the provisions of this chapter are
organized in like manner and subject to the rules and regulations governing
courts-martial in the United States army. They have the same power to
compel the attendance of witnesses when summoned by the judge advocate, to

208

MILITIA. 2077-2084

preserve order in and about tlie court-room during the sessions, and to punish
contempt, as the judges of the district courts have under the laws of this
state.

2078. Poivers.

Sec. 2078. Courts-martial have power on conviction to j)unish by depriving
officers of rank by expulsion or dismissal, or by such other and usual militarj'
fines and penalties as is customaiy with courts-martial in the army of the
United States.

2079. Revision and approval of sentence.

Sec. 2079. The officer appointing a court-martial must revise the proceedings
and approve or disapprove the sentence of such court-martial, and must direct the
execution of such sentence, or mitigate the punishment, or may remit the
sentence of the person convicted; but the person so sentenced may apply to the
commander-in-chief to revise the proceedings and to disapprove them or pardon
the offense, in which case the officer approving the sentence will transmit the
proceedings in the case to the commander-in-chief, and the execution of the
sentence must be suspended until the proceedings are returned with the
decision thereon.

2080. Fines, how collected.

Sec. 2080, For the purpose of collecting fines or penalties imposed by courts-
martial, the president of any such court must make a list of all such fines and
penalties, and of the persons against whom they have been imposed, and must,
within fifteen days after the fines and penalties have been imposed, issue a
warrant under his hand, directed to any sheriff or constable of the county,
commanding him to levy and collect such fines, together with costs, upon and
out of any property of the person against whom the fine or penalty was imposed,
and such warrant may be executed and renewed in the same manner as execu-
tions issued from justices' courts are executed and renewed. All jDroperty,
excej)t the homestead, is subject to execution and forced sale under such
warrant.

2081. No action in certain cases against members of courts-martial.

Sec. 2081. No action can be maintained against any member of a court-mar-
tial, or officer or agent acting under his authority, on account of an imposition
of a fine or the execution of a sentence, on a person not liable to military duty,
if such person has been summoned and notified in writing of the charges pre-
ferred against him, and has failed to appear and show his exemption before the
court.

2082. Wlio may order courts of inquiry.

Sec. 2082. Courts of inquiry may be ordered by the commander-in-chief, by
the major-general, or by any brigadier-general.

2083. Rules governing.

Sec. 2083. Courts of inquiry are governed by the same rules as similar courts
in the army of the United States.

2084. Sheriffs and constables must serve subpoenas, etc.

Sec. 2084. Eveiy sheriff and constable must serve all orders, subpoenas or
process delivered to him for that purpose by any member of a court-martial.

269

2093-2099 POLITICAL CODE.

CHAPTEK y.

THE BOARD OF MILITARY AUDITORS.

2093. VDio constitute board.

Sec. 2093. The commauaer-iu-cliief, adjutant-general and tlie attorney-gen-
eral constitute a board of military auditors. The comniander-in-cliief is presi-
dent, and the adjutant-general secretary; and the board must have a seal, which
must be attached to all accounts audited by them.

2094. Allowance and payment of company exj?enseK.

Sec. 209-4. Tiiere must be audited and allowed by the board of military audi-
tors, and paid out of the general fund, upon the warrant of the state controller,
to the commanding officer of each company of cavaliy or infantry of the national
guard, for armory rent and incidental expenses of an armory, care and cleaning
of arms and military property in charge of such company, the sum of fifty dollars
per month; to the commanding officer of each light battery, the sum of twenty-five
dollars per month for each gun under their command; and to the commanding
officer of each regiment or battalion for incidental expenses, the sum of three
dollars i^er month for each company under their command; to each brigadier-
general the sum of three dollars jDer month for each company in his brigade.
[Amendment, approved March 30, 1876; Amendments 1875-6, 30; took effect from
and after July 1, 1876.^''*

2095. Same.

Sec 2095. No claim must be allowed under the provisions of the preceding
section unless an itemized account of the expenditures is made out, signed, and
sworn to in duplicate by the officer claiming the same, and transmitted through
the proper military channel to the adjutant-general of the state — one copy to
be filed in the office of the adjutant-general, and one to be sent to the board of
militaiy auditors.

2096. Other duties of the hoard.

Sec. 2096. The board of military auditors must audit and allow all proper
claims against the military fund incurred by troops in the service of this state,
and officers attached to the same.

2097. Duties of controller and treasurer.

Sec. 2097. The controller of state must draw his w\arrants for any amount
audited and allowed by the board, and the treasurer of state must pay the same
out of the military fund.

2098. Claims exempted from hoard of examiners.

Sec. 2098. Claims audited and allowed by the board of militarj' auditors are
exempt from the provisions of Article XVIII of Chapter III, Part III of this
Code. [See ante, 654.]

2099. Allowances to companies.

Sec 2099. The annuid sum of one hundred and fifty dollars must be audited
by the board and paid out of the general fund to each company of the national
guard of over sixty members, and an amount in joroportion to every company of
less than sixty meml)ers. The amounts so audited and allowed must be paid to
the commanding officers of such companies for the use thereof. A quarterly
statement of the manner in which such sums have been expended must be made

(a) The original section Instoad of-" general fund" three dollars for each company per month; and to the
had the wordr* "nillltarj- fund;" Innti-nd of the first coniiriandlug officer of eueh battalion the sum of not
"fifty" the wordu "not iimri- t)ian one hundrerl ;" more tliau tliree dollars per mouth for each company
before the second " fifty " tlie worilH " not uiore than;" In his biittalion." It had the words "of briitade"
li st<-ad of " three dollars per mouth for each company after " brlKadier-general," but not the words " or bat-
under their command" the words "not more than taliou" after "regiment."

270

MILITIA. 2099-2111

by sucli officers to the adjutant-general. [Amendment, approved March 30, 1876;
Amendments 1875-6, 30; took effect from and after July 1, 1876/"'

An Act making appropriations for deficiencies in the payment of armory rents and otlier ex-
penses of the national guard of California, as provided by law, for the tweuty-liftb, twenty-
sixth, and twenty-seventh fiscal years, ending June thirtieth, eighteen hundred and seventy-six.

Approved March 30, 187C; 1875-G, 575.

[This act appropriated $17,905 for deficiency for armory rents, annual allow-
ances and other expenses, for the year ending June 30, 1874; and $59,928 for
armory rents, annual allowances and other expenses for the two years ending
June 30, 1876.]

CHAPTEE VI.

ADJUTANT-GENERAL.

2107. General duties of adjutant-general.

Sec. 2107. It is the duty of the adjutant-general:

1. To keep and preserve the arms, accoutrements, ammunition, and other
military property belonging to the state;

2. To keep on file in his office all returns and reports made to him;

3. To keep an account, in a manner directed by the commander-in-chief, of
all moneys received or disbursed by him;

4. To prepare and keep all blank forms required for the service;

5. To attest all commissions issued to military officers;

6. To authenticate, with his official seal, all papers issued from his office;

7. To make out and transmit the annual militia returns prescribed by the act
of congress of March second, eighteen hundred and three.

8. To perform such other duties as are required by the provisions of this title.
[Amendment, approved January 20, 1876; Amendments 1875-6, 31; took e^ect

from passage}^^

2108. Report.

Sec 2108. He must report to the governor a statement:

1. Of all monej^s received or disbursed by him since his preceding report;

2. An account of all arms, accoutrements, ammunition, and military property
belonging to the state, from what source received, and to whom issued;

3. Of the present condition of all such property under his charge;

4. The number and condition of the national guard and of the enrolled
militia of the state.

2109. To act as chief of staff.

Sec. 2109. He is ex officio chief of staff, quartermaster-general, commissary-
general, inspector-general, and chief of ordnance.

2110. Staff.

Sec 2110. His staff consists of one assistant adjutant-general, with the rank
of major, one aid-de-camp, with the rank of captain, and one orderly, with the
rank of sergeant-major, appointed by him and holding office at his pleasure.

2111. Transportation of arms.

Sec 2111. The transportation of arms, equij^ments, and military stores issued
to troops or received by the state, and all other military transportation, must
be contracted for by the adjutant-general, under the direction of the com-
mander-in-chief, and vouchers for such transportation, when audited by the

(a) The original section, instead of " annual sitm of taclimeut of engineers," and after the -words " euch

one hundred and fifty dollars must" had the words companies " the words " or detachments."

"sum of three hundred dollars must annually;" instead (f*) The original section had nine subdivisions, the

of "general fund" the words "military fund." At the above eighth being ninth, and the original eighth as

end of the first sentence it had the additional clause, follows: " 8. To appoint an armorer and prescribe and

"and also the sum of one hundred dollars to each de- enforce his duties."

271

2111-2136 POLITICAL CODE.

state board of military auditors, must be paid from the military fund, on the
warrant of the controller.

2112. [Seo. 2112 >" was repealed by act of January 20, 1876; Amendments
1875-6, 31;- took effect from jjassage.]

2113. Salai-y of adjutant-general.

Sec. 2113. The annual salaiy of the adjutant-general is three thousand
dollars.

2114. Salary of assistant adjutant-general.

Sec. 2114. The annual salary of the assistant adjutant-general is two thou-
sand dollars.

2115. Salaries, xohen and out of what fund payable.

Sec. 2115. The salaries provided for in this chapter are payable monthly out
of the general fund in the state treasury.

2116. Official bond.

Sec 2116. The adjutant-general must execute an official bond in the sum of
twenty-five thousand dollars.

2117. Title in force, etc.

Sec. 2117. The provisions of this title shall be in force and effect from and
after the first day of May, eighteen hundred and seventy-two, and the chairman
of the revision commission is hereby directed to have prepared and printed in
pamphlet form, for the use of the adjutant-general, twelve hundred copies of
the provisions of the codes relating to the militia, the cost of making the copy
for the printer to be audited and allowed by the board of examiners, and paid
out of the military' fund in the state treasury.

TITLE y.

Chapter I. Insane Asylum 2136

II. Deaf, Doib, and Blind Asyliim 2237

III. State Library 2292

IV. Supreme Court Library 2313

V. Other Public Institutions 2326

CHAPTER I.

INSANE ASYLUMS.
Akticlb I. Board of Dieectoes 2136

II. MkMCAL BrPKllINTKNDKNT 2150

III. Assistant Physicians 2165

IV, TllKASCKKR 2179

V. Gknkbai. PkovisioNs 2193

VI. Examination and Committal of Insane Persons 2210

ARTICLE I.

the nOAUD OF DIRECTORS OF THE INSANE ASYLUM.

2186. Under control nfJxiard if directors.

Sec. 2136. The insane asylum, located at Stockton, is under the management

(a) Repealed section:

Sec. 2112. The annual salary of the armorer 1b elgLtorn hundred dollars.

272

PUBLIC INSTITUTIONS. 2136-2151

and control of a board of directors, consisting of five persons appointed and
holding their oflSces as provided in Title I, Part III of this Code. [See ante,
368, 369.]

2137. Powers and duties of hoard.

Sec. 2137. The powers and duties of the board of directors of the insane
asylum are as follows :

1. To make by-laws, not inconsistent with the laws of this state, for their
own government and the government of the asylum;

2. To hold stated meetings at the asylum for the transaction of business on
the first Monday in each month;

3. To keep a record of their proceedings, open at all times to the inspection
of any citizen;

4. To elect a medical superintendent, two assistant physicians and a
treasiu'er.

5. To provide on the asylum grounds suitable apartments, furniture, pro-
visions, and lights for the medical superintendent, assistant physicians, and
their families;

6. To make diligent inquiry into the departments of labor and expense, the
condition of the asylum and its property;

7. To report to the governor a statement of the receipts and expenditures,
the condition of the asylum, the number of patients under treatment, and of
such other matters touching the duties of the board as is advisable.

2138. Moneys for support of asylum, how draivn.

Sec. 2138. If the board approve the estimates made under the provisions of
section 2153, it must notify the controller of state, who must draw his warrant
for the amount estimated in three equal sums out of any moneys in the state
treasury appropriated for the use of the asylum.

2139. Board 7nust contract for supplies.

Sec. 2139, Upon the receipt of each report provided for in subdivision 5 of
Bection 2152, the board of directors must advertise for contracts for furnishing
the supplies therein specified, for three successive weeks, in one newspaper in
each of the cities of Stockton, Sacramento, and San Francisco. The contract
must be awarded to the lowest bidder, upon his giving satisfactory security for
the faithful performance of the same.

2140. Compensation of directors.

Sec 2140. The compensation of the directors is ten dollars each for every
day spent in attending or traveling to the meetings of the board; not, however,
to exceed one hundred and thirty dollars annually to each member.

ARTICLE II,

MEDICAL SUPERINTENDENT.

2150. Qualifications of.

Sec 2150. The medical superintendent must be a graduate in medicine, and
must have practiced his profession five years after the date of his diploma.

2151. Term of office.

Sec 2151. His term of ofiice is four years from and after his election.

2152. General powers and duties.

Sec 2152. He is the chief executive ofiicer of the asylum, with powers and
duties as follows :

1. To control the patients, prescribe the treatment, and prescribe and enforce
the sanitary regulations of the asylum;
18 273

2152-21G8 POLITICAL CODE.

2. A\'ith the consent of the board of directors, to fix the number and com-
pensation of, and ai^poiut, control, and remove the attendants and assistants;

3. To prescribe and enforce the performance of the duties of the attendants
and assistants;

4. To prescribe and enforce the performance of the duties of the assistant
jihysicians;

5. To ascertain and report to the board of directors the amount, character,
and quahty of provisions, fuel, and clothing requii'ed for the six months ending
on the lir.st of ]\Iay and November in each year;

G. "With the consent of the board of directors to make an}' expenditure neces-
sary in the performance of his duties, except for provisions, fuel, and clothing;

7. To receive and pay to the treasurer all moneys found upon insane persons;

8. To keep a daily record of his official acts in the mode prescribed by the
by-laws;

9. To make up his annual accounts to the first of July in each year, and as
soon thereafter as j)ossible to report a statement thereof, and of the general
condition of the asylum, to the board of directors.

2153. Jlust estimate expenses and report to directors.

Sec. 2153. He must estimate, quarterly, in advance, the probable expenses
of the asylum, and submit such estimate to the directors, at their stated meet-
ings, for their consideration and approval.

2154. Salary.

Sec. 215-4. The annual salary of the medical superintendent is thirty-five
hundred dollars.

2155. Bond.

Sec. 2155. He must execute an official bond in the sum of twenty thousand
dollars.

Au Act in relation to the superintendent of tlie state insane asylitm.
Approved April 1, 1872; 1871-2, 845.

Attendance on annual meetings of superintendents oj" American institutions.

Section 1. The superintendent of the state insane asylum may attend the
annual meetings of the superintendents of American institutions for the insane,
and his expenses, not to exceed four hundred dollars per annum, must be
audited and allowed by the board of examiners, and paid out of the state
treasury.

Sec. 2. This act shall be in force from and after its passage.

ARTICLE III.

ASSISTANT PHYSICIANS.

2165. Qualifications.

Sec. 21G5. The assistant physicians must be graduates in medicine.

2166. Term of ofice.

Sec. 21GG. Their tenu of office is four years from and after their appointment.

2167. (leneral dalica.

Sec. 21G7. They must ijorform the duties and exercise the powers prescribed
by the medical superintendent or the by-laws.

2168. Si'idor assistant, when to act as medical superintendent.

Sec. 21G8. During the absence or disability of the medical superintendent
the assistant longest in commission must perform his duties and exercise his
powers.

274

PUBLIC INSTITUTIONS. 2169-2198

2169. Salaries.

Sec. 2169. The annual salary of each assistant physician is twenty-five hun-
dred dollars.

AETICLE IV.

TREASURER.

2179. number of board not eligible.

Sec. 2179. No member of the board of directors is eligible to the office of
treasurer.

2180. Tenure of office.

Sec. 2180. The treasurer holds his office at the pleasure of the board of
directors.

2181. General duties of.

Sec. 2181. It is the duty of the treasurer:

1. To act as secretary of the board of directors;

2. To keep the accounts of the board and of the receij)ts and expenditures;

3. To report on the first Monday in each month to the state board of exam-
iners a statement under oath of the expenses of the jDreceding month;

4. To perform such other duties as may be required of him by the by-laws or
board of directors.

2182. Salary.

Sec. 2182. The annual salary of the treasurer is six hundred dollars.

2183. Bond.

Sec. 2183. He must execute an official bond in the sum of twenty thousand
dollars.

AETICLE V.

general provisions.

2193. Salaries, when and out of what fund payable.

Sec. 2193. The salaries and compensation fixed by the pro\'isions of this chap-
ter must be paid monthly out of the moneys appropriated for the support of the
asylum.

2194. Approval and filing of official bonds.

^c. 2194. The official bonds required by the provisions of this chapter must
be aiDproved by the board of directors, and filed and recorded in the office of
the secretary of state.

2195. Restrictions upon residence of physicians.

Sec 2195. The medical superintendent and each assistant physician must
reside on the asylum grounds.

2196. Restrictions upon business of physicians.

Sec. 2196. The officers mentioned in the preceding section must not engage
in the private practice of medicine, but must devote their whole time to the j^er-
formance of their duties, unless granted leave of absence by the board of
directors.

2197. Discharge of patients on recovery.

Sec 2197. Insane persons received in the asylum must upon recovery be dis-
charged therefrom.

2198. Insane convicts; reception and return of.

Sec 2198. Insane convicts must be received into the insane asylum, and
returned to the state prison again, as provided in section 1230 of The Penal
Code.

275

2199-2217 POLITICAL CODE,

2199. Restrictions upon admission of non-residents.

Szc. 2199. No insaue person, nou-resident of this state, must be received into
the asylum unless lie becaiue insane within this state.

2200. Disposition of moneys unexpended at discharge or death of patient.

Sec. 2200. If at the time of the discharge of a person from the asylum, or
after the death and burial of any person tlierein contined, there remains in the
custody of the directors or treasurer any moneys paid for the support or main-
tenance of such person, it must, upon demand, be I'epaid.

AETICLE YL

EXA:^nNATION AND COMMrrTAL OF INSANE PERSONS.

2210. Examination, before ivhom.

Sec. 2210. Whenever it appears by affidavit to the satisfaction of a magistrate
of the county that any person within the county is so far disordered in his mind
as to endanger health, person or property, he miist issue and deliver to some
peace officer for service a warrant, directing that such person be arrested and
taken before any judge of a court of record within the county for examination.

2211. Two icifnesses.

Sec 2211. "When the person is taken before the judge he must issue sub-
pcBnas to two or more witnesses, best acquainted with such insane person, to
apjjear and testify before him at such examination.

2212. Two physicians.

Sec. 2212. The judge must also issue subpoenas for at least two graduates of
medicine to appear and attend such examination.

2213. Witnesses, duty of.

Sec 2213. At the examination the person subpoenaed must appearand answer
all questions pertinent to the matter under investigation.

2214. Physicians, duty of.

Sec 2214. The physicians must hear such testimony, and must make a per-
sonal examination of the alleged insane person.

2215. Certificate of physicians.

Sec 2215. The physicians, after hearing the testimony and making the exam-
ination, must, if they believe such person to be dangerously insane, make a
certificate, under their hand, showing as near as possible:

1. That such person is so far disordered in his mind as to endanger health,
pcr.son, or property;

2. The premonitory symptoms, apparent cause or class of insanity, the dura-
tion and condition of the disease;

3. The nativity, age, residence, occupation, and previous habits of tlie])erson;

4. The place from whence the person came, and the length of his residence
in this state.

2216. To Ije made on forms, etc.

Sec, 221G. The ccvlilicute must be made in the form prescribed by, and, if
they can l^e had, upon bhuiks furnished by the medical superintendent of the
asylum.

2217. Action ofjudye — Commitment.

Sec 2217, The judge, after such examination and certificate made, if he be-
lieves the person so far disordered in his mind as to endanger health, person, or
property, must make an order that he be confined in the insane asylum.

276

PUBLIC INSTITUTIONS. 2218-2222

2218. Sheriff to deliver insane person, commitment, etc., at asylum.

Seo. 2218. The insane person, together with the order of the judge and cer-
tificate of the physicians, must be delivered to the sheriff of the county, and by
him must be delivered to the officer in charge of the insane asylum.

2219. Money found on insane person to be delivered at asylum.

Sec. 2219. Any monej^s found on the jierson of an insane person at the time
of arrest must be certified to by the judge and sent with such person to the
asylum, there to be delivered to the medical superintendent, who must deliver
the same to the treasurer. If the sum exceeds one hundred dollars, the excess
must be ai^plied to the payment of the expenses of such person while in the
asylum; if the sum is one hundred dollars or less, it must be kept and delivered
to the person when discharged, or applied to the payment of funeral expenses
if the person dies at the asyhim.

2220. Idiots, imbeciles, etc., not to be admitted.

Sec. 2220. No case of idiocy or imbecility, or simple feebleness of mind,
must be maintained at, nor must any case of delirium tremens be admitted into
the asylum.

2221. Fees of sheriff .

Sec. 2221. The person delivering insane persons to the asylum is allowed
therefor forty cents per mile, one way only, for the legal distance from the
county seat of the county where such insane person was committed to the
asylum; and for every additional. patient taken at the same time, twenty cents
per mile. He must also receive the necessary exj)ense of an assistant, when
more than one person is required to convey such insane persons; jDayment
thereof to be made by the state treasurer on the controller's warrants, issued
on the ajjproval of the account by the board of examiners.

2222. Fees of physicians.

Sec. 2222. The physicians attending each examination of an insane person are
allowed five dollars each, to be paid by the county treasiu-er of the county
where the examination was had on the order of the board of supervisors.

An Act to provide further accommodation for the insane of the State of California, and to
provide a special fund therefor.

Approved March 27, 1872; 1871-2, 673.

[This act provides for the establishment of a new asylum for the insane; for
the appointment of commissioners to select a site, and for the construction and
management of the institution. The site selected was Napa, and the asylum
has been built there. Its management, as provided by this act, has, however,
been superseded by the provisions of the act of March 6, 1876, given below.
By section 22 of that act, as will be seen by reference to it, this act was con-
tinued in force only for a special purpose. Under the circumstances, this act
is omitted, except its title and reference as above.]

An Act to prohibit the sale of intoxicating liquors within a certain distance of the Napa state
asylum for the insane.

Approved January 15, 1874; 1873-4, 27.

No liquor to be sold within one mile of Napa asylum.

Section 1. It shall not be lawful for any person to keep any saloon or bar, or
to sell or offer for sale any spirituous or malt liquors, within one mile of the
asylum building, now in course of construction upon the jDi'operty in Napa
county deeded to the State of California for the site of the Napa state asylum
for the insane; and any person so doing shall be guilty of a misdemeanor,
and for each offense shall be punished by a fine not exceeding five hundred
dollars.

277

2222 POLITICAL CODE.

Sec. 2. This act shall take effect and be in force from and after its passage,
[See in reference to the subject of the foregoing act, section 172 of the
Penal Code, as amended April 3, ISTG; post, 13, 172.]

An Act to provide for the completion of the Napa state asylum for the insane and for other
pnrposes .

Approved March 24, 1874; 1873-4, 565.

[This act appropriated ?()00,000 for the completion of the Napa insane asj'lum;
legalized contracts then made, and required the asylum to be completed for the
sum so api)roj)riated.]

An Act to provide for the future management of the Napa state asylum for the insane.
Approved March 6, 1876; 1875-6, 133.

Governor to appoint five trustees.

. Section 1. Within ten days after the passage of this act the governor shall
appoint five trustees to manage the affairs of the Napa state asylum for the
insane, three of whom shall be residents of Napa county; and he shall designate
at the time of the appointment the respective terms of oiEce of said trustees,
under the following classification, to wit: three of said trustees shall serve for
two years, and two of said trustees shall serve for four j'ears from the time of
their appointment. Their successors shall be appointed by the governor, and
shall hold their ofiices for the term of four years and until their successors are
appointed and qualified. In case of a vacancy occurring in said board, the
governor shall appoint, in manner aforesaid, to fill the unexpired term.

Trustees to organize.

Sec. 2. The tnistees provided for in the preceding section shall qualify by
taking the usual oath of office, and shall, within ten days after such qualifica-
tion, organize themselves into a board by the election of one of their number as
president, and the secretary and treasurer hereinafter provided for, and, as
soon as such organization has been j)erfected, they shall notify the same to the
"board of directors" created under "An Act to j^rovide further accommodation
for the insane of the State of California, and to provide a special fund therefor,"
approved March twenty-seventh, eighteen hundred and seventy-two, b}' seizing
a notice of that fact on the secretary or president of said board of directors.

Offices declared vacant.

Sec. 3. As soon as the said "board of directors" of the Napa state asylum
for the insane shall receive the notification referred to in the jDreceding section
of this act, their offices, and also those of all persons receiving appointments
by, through, or under them, shall become vacant, and their functions as a board
and as directors, officers, and emj^loyees shall cease to exist.

Directors to turn over books and joroperty.

Sec. 4. Upon receiving the said notification, it shall be the duty of the said
"board of directors," their secretary and treasurer, medical suj^erintendent,
officers, and employees, to prepare a list of all books, papers, moneys, property,
and eflfect.s of eveiy kind and nature whatever belonging to the Naj)a state
asylum for the insane, or in their possession, or under their control, and de-^
liver the said list, together with the articles enumerated therein, upon the order
of the president of the lioard of trustees created by this act, taking duplicate
receipts therefor, and filing one with the state board of examiners.

TruHtecH to complete buildiufjs.

Sec. o. The trustees created under this act shall, as soon as funds are pro-
vided by the legislature, cause the buildings of the Napa state asylum for the
insane to be completed, and the grounds and premises to be improved, under
plans now existing, as soon as practicable; provided, that such alterations as

278

PUELIC INSTITUTIONS. 2222

will reduce the cost of construction of the said asykim may be made by said
board of trustees; but no contracts must be entered into or liabilities incurred
beyond the amount appropriated by the legislature.
Trustees not to be interested parties.

Sec. 6. The trustees and other officers shall have no interest, direct or indi-
rect, in the furnishing of any building materials, or in any contract for the
same, or in any contract for labor in finishing said buildings, or improving said
grounds or premises, nor in any contract for labor, material, or supplies for
the maintenance thereof.

Powers and duties of trustees.

Sec. 7. The board of trustees created under this act shall be known by the
name and style of the ' ' board of trustees of the Napa state asylum for the insane,"
and by that name they and their successors shall be known in law, may receive,
take, and hold property, both real and personal, in trust for the state, and for
the use and benefit of said asylum! They shall have power to govern, manage,
and administer the affairs of said asylum, and make and adopt by-laws for their
government and the government of the asylum. They shall appoint all officers
and employees of said asylum, prescribe their duties, and remove them when,
in their judgment, the good of the public service requires it. They shall cause
to be kept a full and correct record of their proceedings, which shall be open
at all times to the inspection of any citizen desiring to examine the same. They
shall hold stated meetings at the asylum monthly, and a majority of the board
shall constitute a quorum for the transaction of business. They shall keep
themselves constantly advised of all items of labor and expense, and the condi-
tion of the buildings and property of the asylum. They shall submit to the
governor biennially, on or before the first day of September next preceding the
regular session of the legislature, a report showing the receipts and expend-
itures, the general condition of the asylum, the number of patients under treat-
ment during the two precediug years, and such other matters touching the gen-
eral affairs of the asylum as they may deem advisable.

Trustees to appoint resident and assistant physicians — Salaries and qualifications of
physicians.
Sec. 8. The board of trustees shall appoint a resident pjiysician and an
assistant physician, each of whom shall hold office for four years, and until his
successor is elected and qualified. The salary of the resident physician shall
be three thousand dollars per annum, and of the assistant physician two thou-
sand dollars per annum; and each of them and their families shall be furnished
room, household furniture, provisions, fuel, and lights, at and from the supplies
of the asylum. Both the resident and assistant physicians shall reside at the
asylum; shall be well educated and experienced physicians, regular graduates
in medicine, and shall have practiced at least five years from the date of their
respective diplomas, and shall not engage in outside practice. Their duties
not specified in this act shall be fixed and prescribed in the by-laws of the
board of trustees.

Trustees to elect treasurer.

Sec 9. The board of trustees shall elect a treasurer, who shall not be of their
number, and who shall hold office for two years, and until his successor is
elected and qualified. The treasurer shall qualify by taking the usual oath of
office, and shall give bond, with good and sufficient sureties, to be approved by
the board, in a sum not less than thirty thousand dollars, payable to the people
of the state of California, and conditioned for the faithful performance of his
duties according to law, and for the delivery to his successor of all books,
papers, vouchers, moneys, and effects held by him in virtue of his office. The

279

2222 POLITICAL CODE.

board of tnistees may increase the amount of the bonds of the treasurer, and
may require additional security at any time; and they may remove him. The
treasurer shall act as secretary of the board of trustees, and have charge of the
books and accounts of the asylum, and all matters of finance relating thereto.
He shall keep accurate account of all expenditures, under appropriate headings,
takiug vouchers for all moneys paid out, and make a detailed statement under
oath each mouth to the state board of examiners of the expense of the preced-
ing month, and shall perform such other duties as the board may prescribe. His
salary shall be fixed by the board of trustees, not to exceed six hundred dollars
per annum.
Compeiisafion and mileage of bitstees.

Seo. 10. Each trustee shall receive as his compensation ten dollars for each
meeting of the board at which he shall be present, payable out of any moneys
api)ropriated to the use of the asylum; provided, that the sum paid to the said
trustee shall not exceed one hundred and thirty dollars per annuni; and pro-
vided further, that any tiaistee whose residence is out of the count^ in which
said asylum is situated shall be allowed, for traveling expenses, mjl'eage at the
rate of ten cents per mile for the distance necessarily traveled in attending the
monthly meeting of the board.
Besident jjhysicimi to be executive officer.

Sec. 11. The resident physician shall be the executive officer of the asylum,
under the regulations and by-laws of the trustees. He shall have control of the
patients, prescribe or direct their treatment, adopt sanitary measures for their
welfare, and discharge such as, in his opinion, have permanently recovered their
reason. He shall maintain discipline among the subordinate officers and em-
ployees, and enforce obedience to the laws, rules, and regulations adopted for
the government of the institution, and is empowered to discharge any employee
or attendant for violation of the laws or rules of the asylum. He shall estimate
quarterly, in advance, the probable expenses of the asylum, and submit the
same to the board of trustees, at their last regular meeting preceding the com-
mencement of such quarter, for their approval. And the controller of state
is hereby authorized and directed to draw his warrants for the amount of such
estimate, approved by the trustees, as soon as the same shall have been approved
by the state board of examiners, in three equal sums, in favor of the board
of trustees. And the state treasurer is authorized and directed to pay the same
out of au}' moneys approjoriated by law for the use and benefit of said asylum.
He shall estimate and report to the trustees the amount, kind, and quality of
furniture and household furnishing goods, provisions, fuel, forage, clothing,
and other materials required for the six months ending on the first day of May
and November of each year; and the trustees shall then advertise for four suc-
cessive weeks for contracts for furnishing said supplies. All contracts shall be
awarded to the lowest bidder or bidders, upon their giving to the board of trus-
tees satisfactory security for the faithful performance of the same. Necessary
expenditures, other tlian those for provisions, fuel, forage, clothing, and furni-
ture, and household furnishing goods, may be made by the resident i^hysician,
subject to the api)roval of the board.
Monthly report of plnjaician.

Sec. 12. The resident physician shall cause accurate and careful accounts to
be ke])t of the daily expenditures of all articles of stores and property placed
in his charge, and shall, at the end of each month, submit the same to the board
of trustees for their inspection ; and on each daily report shall be shown the
number of persons fed and lodged in the asylum, whether as officers and their
families, emjiloyees or patients. A monthly report of the same tenor shall also
be made to the trustees.

280

PUBLIC INSTITUTIONS. 2222

Pay-roll.

Sjeo. 13. At the end of each montli the resident j)hysician shall cause a pay-
roll to be made, which shall show the name of each person employed in or
about the asylum, giving the capacity in which each is employed, the time em-
ployed, the rate of salary or wages, and the amount due each. Upon receiving
this roll, sworn to and certified by the resident physician and approved by the
president of the board, the treasurer shall ■pa.j the j^ersons named on the roll
the sums due them, taking their receipts on the roll for the moneys received,
which roll, so receipted, shall be his voucher.

Bills, hoiv audited and paid.

Sec. 14, All bills against the asylum shall be presented to the treasurer, and
be by him submitted to the board of trustees at their next regular meeting after
presentation, and shall be by them audited and aj^proved before they are paid;
and no money shall be paid out by the treasurer, except as provided in the last
section, unless ordered by the board, and the order entered upon their minutes.

Treasurer to report.

Sec. 15. At every stated meeting of the board the treasurer shall present a
clear and detailed statement of all moneys received and paid out by him, with
vouchers regularly numbered to show for the payments — the statements to
classify all receipts and exj)enditures under appropriate and intelligible heads.
He shall also present his books, and show that they are written up to date,
properly posted, and the balance of cash in his hands belonging to the asylum
shown.

Trustees to examine accounts.

Sec 16. The vouchers, statements, and books of the treasurer shall be ex-
amined by the board of trustees at each stated meeting, and if found correct
and kept in accordance with the provisions of this act and the by-laws, the
president of the board shall give the treasurer a certificate of the fact, and
cause a note of it to be made in the minutes of the board. The minutes of
each meeting of the board shall be approved by the board and signed by the
secretary and president.
Commitment of insane persons.

Sec 17. The county judge of any county in this state and the probate judge
of the city and county of San Francisco, shall, upon application under oath,
setting forth that a person by reason of insanity is dangerous to be at large,
cause such person to be brought before him, and he shall summon to appear at
the same time and place two or more witnesses who well knew the accused
during the time of the alleged insanity, who shall testify under oath as to con-
versation, manners, and general conduct upon which said charge of insanity is
based; and shall, also, cause to appear before him, at the same time and place,
two physicians, who shall be regular graduates in medicine, before whom the
judge shall examine the charge; and if, after a careful hearing of the case and
a personal examination of the alleged insane person, the said physicians shall
certify on oath that the person examined is insane, and the case is of a recent
or curable character, or that the said insane person is of a homicidal, suicidal,
or incendiary disposition, or that from any other violent symptoms the said
insane person would be dangerous to his or her own life, or the lives or property
of the community in which he or she may live; and if said physicians shall also
certify to the name, age, nativity, residence, occupation, length of time in this
state, state last from, previous habits, premonitory symptoms, apparent cause
and class of insanity, duration of the disease and present condition as nearly as
can be ascertained by inquiry and examination; and if the judge shall be satis-
fied that the facts revealed in the examination establish the existence of the

281

2222 POLITICAL CODE.

insanity of the person accused, and tLat it is of a recent or curable nature, or
of a homicidal, suicidal, or incendiary character, or that from the violence of
the symptoms the said insane person would be dangerous to his or her own life,
or to the lives or property of others, if at large, he shall direct the sheriif of
the county, or some suitable person, to convey to and place in charge of the
officers of the insane asylum of this state to which the order is directed, such
insane person, and shall transmit a copy of the complaint and commitment,
and physicians' certificate, which shall always be in the form as furnished to
the com-ts by the resident physician of said asylum; and the person taking
such insane person to the insane asylum shall be allowed therefor the same
fees as are allowed by law to the sheriff in such cases, to be paid in like
manner. And the jihysicians attending the examination aforesaid shall be
allowed, by the board of supervisors of the county in which the examination is
had, five dollars each, unless they are otherwise paid.

Idiots and imbeciles.

Sec 18. No case of idiocy, imbecility, harmless, chronic, mental unsound-
ness, or acute mania a potu shall be committed to this asylum; and whenever
in the opinion of the resident physician, after a cai'eful examination of tbe case
of any person committed, it shall be satisfactorily ascertained by him that the
party had been unlawfully committed, and that he or she comes under the rule
of exemi')tions provided for in this section, he shall have the authority to dis-
charge such person so unlawfully committed, and return him or her to the
county from which committed, at the exi^ense of such county.

Patients to pny (Jteir exjx'nscs when possessed oj^ means.

Sec 19. The judge shall inquire into the ability of insane persons committed
by him to the asylum, to bear the actual charges and expenses for the time that
such I'jcrson may remain in the asylum. In case an insane person committed
to the asylum under the provisions of this act shall be possessed of real or j)er-
sonal property sufficient to pay such charges and expenses, the judge shall
aj^point a guardian for such person, who shall be subject to all the provisions
of the general laws of this state in relation to guardians, as far as the same are
applicable; and when there is not sufficient money in the hands of the guardian,
the judge may order a sale of property of such insane person, or so much thereof
as may be necessary, and from the proceeds of such sale the guardian shall pay
to the board of trustees the sum fixed upon by them each month, quarterly in
advance, for the maintenance of such ward; and he also shall, out of the pro-
ceeds of such sale, or such other funds as he may have belonging to such ward,
pay for such clothing as the resident physician shall, from time to time, furnish
such insane person; and he shall give a bond, with good and sufficient sureties,
payable to the board of trustees, and approved by the judge, for the faithful
Ijerfonnance of the duties required of him by this act, as long as the property
of his insane ward is sufficient for the purpose. Indigent insane persons
having kindred of degree of husband or wife, father, mother, or children,
living within this state, of sufficient ability, said kindred shall support such
indigent insane person to the extent i^resciibed for paying patients. The board'
of trustees shall furnisli sucli blank bonds as are required by this section, to
the several county judges in this state, and to the probate judge in the city and
county of San Francisco. A breach of any bond provided for in this act may
be prosecuted in the distinct court of any county in this state in which any one
of the obligors may reside, and the same sliall be prosecuted by the district
attorney of the county in wliich the action shall be brought, and shall be con-
ducted throughout, and the judgment enforced, as in a civil action for the
recovery of a debt. Should there remain in the hands of the board of trustees

282

PUBLIC INSTITUTIONS. 2222

or their treasurer, at tlie time any insane person is discharged, any money
unexpended, so paid by the guardian or kindred, the same shall he refunded;
provided, that the board of trustees shall not be required to refund any money
for a fraction of a month; but upon the death of any insane person, after
paying the ordinary burial exj^enses, the remainder of any moneys received
from the guardian, or on deposit with the board of trustees or their treasurer,
shall be refunded to the person or jDersons thereto entitled, on demand. Any
moneys found on the person of any insane person at the time of arrest shall be
certified to by the judge, and sent with such person to the asylum, there to be
delivered to the treasurer, to be applied to payment of the expenses of such
person while in the asylum; but upon the recovery of such insane person, all
sums shall be returned to him when discharged from the asylum. The kindred
or friends of an inmate of the asylum may receive such inmate therefrom, on
their giving satisfactory evidence to the judge of the court issuing the commit-
ment, that they or any of them are capable and suited to take care of, and give
proper care to such insane person, and give protection against any of his acts
as an insane person. If such satisfactory evidence appear to the judge, he may
issue an order, directed to the trustees of the asylum, for the removal of such
person; but the trustees shall reject all other orders or applications for the
release or removal of any insane person, except the order of a court or judge
on j)roceeding in habeas corpus; and if, after such removal, it is brought to the
knowledge of the judge, by verified statement, that the person thus removed is
not cared for properly, or is dangerous to persons or property, by reason of
such want of care, he may order such person returned to the asylum.
Non-residents and temporary patients.

Sec. 20. Non-residents of this state, conveyed or coming herein while insane,
shall not be committed to or supported in the Najja state asylum for the insane;
but this prohibition shall not prevent the commitment to and temporary care in
said asylum of persons stricken with insanity while traveling or temporarily
sojourning in the state; or sailors attacked with insanity upon the high seas,
and first arriving thereafter in some port within this state.
Transfer of patients.

Skc. 21. Until the Napa state asylum for the insane shall be occupied to its
entire capacity, the judges who are authorized herein to commit insane persons
may order all persons thereafter by them duly examined and declared insane to
the Napa state asylum; but the county judges of this state, or the probate judge
of the city and county of San Francisco, may order the transfer of any insane
person committed from their respective counties from one asylum to the other,
upon the joint recommendation and consent of the resident physicians of each,
the cost of such transfer to be paid by the guardian or friends of the j^atient
transferred.
Proceedings against directors and employees.

Seo. 22. An act entitled "An Act to provide further accommodation for the
insane of the State of California, and to provide a sjiecial fund therefor/' ap-
proved March twenty-seventh, eighteen hundred and seventy-two, is hereby
continued in force so far only as the same gives or creates a right on the part of
the people of this state to proceed against the directors and emj^loyees men-
tioned therein, civilly or criminally, for any fraudulent or illegal acts on their
part, under the alleged authority of this act; provided, that nothing herein
shall be so construed as to repeal the act of March twenty-fourth, eighteen
hundred and seventy-four, entitled " An Act to provide for the construction of
the Napa state asylum for the insane, and for other j)ur2)oses," or any pai't
thereof.

Sec. 23. This act shall take effect from and after its passage.

283

2222-2241 POLITICAL CODE.

An Act to appropriate four hundred and ninety-four thousand dollars to pay the valid and

equitable claims against the state, incurred in building the Napa state asylum for the insane,

and to complete said structure, supply water therefor and improve the grounds on which it is

situate.

Approved, April 1, 1876; 1875-G, 804.

[This net, besides appropriutiug money as iudicated in the title, required the
trustees to investif^ate all claims for indeljtedness incurred by the board of
directors appointed under the act of March 27, 1872.

A fm-ther sum of $48,000 was appropriated for paying- outstanding liabilities
and coveiing deficiencies by act of April 3, 187G; 1875-G, 851.]

An Act to provide a supply of water for the Napa state asylum for the insane.
Approved April 3, 1876; 1875-6, 8b3.

[This act provided for the condemnation for the purpose of supplying water
to the asylum of any springs and natural sources of water supply within a mile
and a half of the asylum grounds.]

CHAPTEK II.

DEAF, DUMB, AND BLIND ASYLUM.

Abticle I. General Provisions 2237

II. Board of Directors ." 2254

III. Principal Teacher 2267

IV. Treasurer 2280

ARTICLE L

general provisions.

2237. Object of asylum.

Sec. 2237. The deaf, dumb, and blind asylum, located in Alameda county,
has for its object the education of the deaf, dumb, and blind.

2238. Who enlitled to its benefits.

Sec. 2238. Eveiy deaf, dumb, or blind person resident of this state, of suit-
able age and capacity, is entitled to an education in this asylum free of charge.

2239. Same.

Sec. 2239. Such i:)ersons not residents of this state are entitled to the benefits
of this asylum upon paying to the treasurer thereof eighty-five dollars quarterly
in advance.

2240. Clothinrj and maintenance of pupils.

Sec. 2240. If the parents or guardian of any piqnl in the asylum for the deaf,
dumb, and blind, shall be unable to clothe such child, the parent or guardian
may testify to such inability before the judge of the county wherein he or she is
resident, and if said judge is satisfied that the parent or guardian is not able to
provide suitable clothing for the child, he shall issue a certificate to that effect;
and, upon i)resentation of such certificate, it shall be the duty of the directors
of said asylum to clothe the child, the expenses to be paid out of appropri-
ations made for the support of the asylum. All pupils in the asylum shall be
maintained at the e.\pense of the state. [Amendment, approved March 18, 1874;
Amendments 1873-4, 115; took effect from passage. '-"^

2241. Jtlindness and deafness defined.

Sec 2241. Inability by reason of defective sight to read ordinary printed
matter is blindness, and inability to hear ordinary conversation is deafness,
within the meaning of this chapter.

la) Orii;iuu\ sf-ftlon:

8x0. 2240. The pupilH lu the QByluin aro clothed ttnd mnlntalned at the expense of the state.

284

PUBLIC INSTITUTIONS. 2242-2256

2242. Geological cabiriet.

Sec. 2242. The state geologist and regents of the university will make up
from duplicate specimens under their control a geological cabinet for the use
of the asylum.

2243. Salaries, hoiv paid.

Sec. 2243. The salaries mentioned in this chapter must be paid monthly out
of the moneys appropriated for the support of the asylum.

2244. Approval and filing of official bonds.

Sec. 2244. The official bonds reqviired by the provisions of this chapter must
be approved by the board, and filed and recorded in the office of the secretary
of state.

ARTICLE II.

BOAED OP DIRECTORS.

2254. Under control of board of directors.

Sec. 2254. The asylum is under the management and control of a board of
directors, consisting of five persons, appointed and holding their offices as pro-
vided in Title I of Part III of this Code. [See ante, 368, 369.]

2255. Powers and didies of board.

Sec 2255. The powers and duties of the board are as follows:

1. To make by-laws not inconsistent with the laws of the state, for their own
government, and the government of the asylum;

2. To elect the principal teacher;

3. To elect a treasurer, who shall not be a member of the board of directors;

4. To elect a physician for the asylum for the term of two years, who shall
not be a member of the board of directors;

5. To remove, at pleasui-e, any teacher or employee;

6. To fix the compensation of teachers and emjiloyees;

7. To make diligent inquiry into the departments of labor and expense, the
conditions of the asylum, and its prosperity:

8. To hold stated meetings at the asylum at least once in every three months;

9. To keep a record of their proceedings;

10. To report to the governor a statement of the receipts and expenditures,
the condition of the asylum, the number of pupils, and of such other matters
touching the duties of the board as they may deem advisable. [Amendment,
approved March 30, 1874; Amendments 1873-4, 36; took effect July 6, 1874.^^'

An Act to confer certain powers upon the directors of the deaf, dumb, and blind asylum.
Approved April 1, 1876; 1875-6, 686.

Directors to invest money.

Section 1. The directors of the deaf and dumb and blind asylum are hereby
authorized and empowered to take, receive, manage and invest all moneys and
property heretofore or hereafter bequeathed or donated to the said asylum, in
accordance with the washes of the testator or donor, or if no conditions are at-
tached to the bequests or donations, to invest svich money or proceeds of prop-
erty for the best interests of the asylum.

Sec 2. This act shall take effect on and after its passage.

2256. Approval of estimates and drawing moneys appi'opriated.

Sec 2256. If the board approve the estimates made under the provisions of
section 2268, it must notify the controller of state, who must draw his warrant

(a) The original section had nine subdivisions, board of directors" in the third. In the last subdi-
omitting the one numbered fourth in the amendment, vision it had the word "is" instead of "they may
and the -words " who shall not be a member of the deem."

285

2250-2281 POLITICAL CODE.

for the amount estimated, in three equal sums, payable to the board monthly,
out of any moneys in the state treasury appropriated for the use of the asylum.

2257. Directors to receive no salary.

Sec. 2257. The dii-ectors receive no compensation.

ARTICLE III.

PRINCIPAl, TEACHEB. •

2267. QuaJiJJcafions.

Sec. 22G7. The principal teacher must have not less than three years' expe-
rience in the art of teaching the deaf, dumb, and bhnd.

2268. rovers and duties.

Sec. 22G8. He is the chief executive officer of the asylum, with powers and
duties as follows:

1. To superintend the grounds, buildings, and property of the asylum;

2. With the consent of the board of directors, to fix the number of and
ai:)point and remove the assistant teachers and emi^loyees;

3. To prescribe and enforce the performance of the duties of the assistant
teachers and employees;

4. To control the pupils and prescribe and enforce a system of instruction;

5. To reside at the asylum;

6. To keep a daily record of his official acts in the manner presci'ibed by the
by-laws;

7. To estimate quarterly in advance the expenses of the institution, and
report such estimate to the board of directors;

8. To make up his annual accounts to the first of July in each year, and as
soon thereafter as possible report a statement thereof and of the condition of
the asylum to the board of directors.

2269. Salary.

Sec. 22G9. His annual salary must not exceed three thousand dollars.

2270. JUmd.

Sec 2270. He must execute an official bond in the sum of five thousand
dollars.

ARTICLE IV.

TREASURER.

2280. Duties of.

Sec 2280. It is the duty of the treasurer:

1. To act as secretary of the board of directors;

2. To keep the accounts of the board and of the receipts, expenditures, assets
and liabilities of the asylum;

3. To report quarterly to the board a statement under oath of the receipts
and expenditures of the preceding quarter;

4. To perform such other duties as may be required of him by the by-laws
or board of directors.

2281. Salary.

Sec. 2281. The annual salai-y of the treasurer is five hundred dollars.
2232. nond.

Sec 2282. He must execute an official bond in the sum of ten thousand
dollars.

[Appropriations to the deaf, dumb and blind asylum, and for the education
and care of the indigent deaf, dumb and blind will be found in act of January
25, 1872; 1871-2, 34; April 1, 1872; 1871-2, 743; March 30, 1874; 1873-4,
898; February 15, 187G; 1875-G, 53; March 31, 187G; 1875-G, 593, 747.]

28G

PUBLIC INSTITUTIONS. 2282-2296

An Act to provide a supply of water for the university, aucl for the asylum for the deaf, dumb

and blind.

Approved April 1, 1876; 1875-6, 816.

[This act provided for the condemnation for the use of the university and
asylum for the deaf, dumb and blind, of any springs and natural sources of
water supply within a mile and a half of the university grounds.]

CHAPTER III.

STATE LIBRARY.

2292- Board of trustees, and term of office of.

Sec. 2292. The state library is under the control of a board of trustees, con-
sisting of five members, elected by the legislature in joint convention assem-
bled, and holding their o£&ces for the term of four years.

2293. General powers and duties of hoard.

Sec. 2293. The powers and duties of the board are as follows:

1. To make rules and regulations not inconsistent with law for their govern-
ment and for the government of the library;

2. To appoint a librarian;

3. Whenever necessary to authorize the librarian to appoint an additional
deputy;

4. To sell or exchange duplicate copies of books;

5. To keep in order and repair the books and proj^erty in the libraiy;

6. To draw from the state treasury at any time all moneys therein belonging
to the library fund.

7. To report to the governor biennially a statement of their transactions.

2294 Term of office of librarian.

Sec. 2294. The librarian holds his office for the term of four years, unless
sooner removed by a unanimous vote of all the trustees.

2295. General duties of librarian.

Sec. 2295. It is the duty of the librarian:

1. To be in attendance at the library during office hours;

2. To act as secretary of the board of trustees, and keep a record of their
proceedings;

3. To purchase books, maps, engravings, paintings, and furniture for the
library ;

4. To number and stamp all books and maps belonging to the library, and to
keep a catalogue thereof;

5. To have bound all books and papers that require binding;

6. To keep a register of all books and property added to the libraiy, and of
the cost thereof;

7. To keep a register of all books taken from the library;

8. To establish and maintain a system of domestic and foreign exchange of
books, and to obtain from the secretary of state svxch numbers of all state publica-
tions as may be sufficient to meet the demands of the system established.
[Amendment, approved March 30, 1874; Amendments 1873-4, 37; took effect July
6, 1874.^*'

2296. Who may take books.

Sec. 229G. Books may be taken from the libraiy by the members of the
legislature during the sessions thereof, and by other state officers at any time.

(a) The original section did not have the eighth subdivision.

287

2297-2305 POLITICAL CODE.

2297. Books taken by members of legislature, when to be returned— Duties oj con-

troller in relation to.
Sec. 2297. Books taken by members of the legislature must be returned at the
close of the session; and before the controller draws his warrant in favor of
any member of the legislature for his last week's salary, he must be satisfied
that such member has returned all books taken by him and paid for any inju-
ries thereto.

2298. Books taken by state officers to be returned, or salary not to be paid.

Sec. 2298. The controller, if notified by the librarian that any officer has
failed to return books taken by him within the time prescribed by the rules,
and after demand made, must not draw his warrant for the salary of such
officer until the return is made, or three times the value of the books, or of any
injuries thereto, has been paid to the librai-ian.

2299. Liability for injuries to books.

Sec 2299. Eveiy person who injures or fails to return any book taken is
liable to the librarian in three times the value thereof.

2300. Library fund.

Sec. 2300. The state library fund consists of the fees collected and paid into
the state treasury by the secretary of state and surveyor-general. [Ameiul-
ment, approved IlarchdO, 1874; Amendments 1873-4, 38; took effect from passage. '-^^

2301. Library, time to be kept open.

Sec. 2301. During the session of the legislature and of the supreme court, the
library must be kept open every day from nine o'clock a. m. until nine o'clock
p. M., and at other times during such hours as the trustees may direct.

2302. Salary of librarian.

Sec. 2302. The annual salary of the librarian is«three thousand dollars.

2303. Salary of deputies.

Sec. 2303. The annual salary of each deputy is eighteen hundred dollars.

2304. Bond of librarian.

Sec. 2304. The librarian must execute an official bond in the sum of three
thousand dollars.

2305. Mlien this chapter takes effect.

Sec 2305. This chapter shall be in force and effect from and after the first
day of May, eighteen hundred and seventy-two.

Au Act to provide for the establishment of a cabinet department in the state library.
Approved April 1, 1872; 1871-2, 824.

Librarian to arrange cabinet.

Section 1. It shall be the duty of the state librarian to receive, arrange and
properly display, and take charge of, in the state library, the minerals, precious
metals, mineralogical, geological and fossiliferous specimens and precious stones
hereinafter mentioned and referred to, or which may hereafter become the
property of the state by purchase or by presentation.

Purchase of cabinet.

Sec 2. The governor shall appoint three suitable and disinterested persons,
who shall act without compensation, and shall examine and ai:)praise the cabinet
of minerals, precious metals and stones, and various specimens com2:)Osing the
cabinet belonging to J. M. Frey, of the city of Sacramento; and, upon their
making report to the gfnernor to the effect that the said cabinet is fully worth
the sum of thirteen thousand dollars, the state shall become the purchaser and

(a) The original Bectlon did not have the words " and surveyor-general:"

288

PUBLIC INSTITUTIONS. 2305-2328

owner of the said cabinet; provided, that if said report shall not recommend the
said purchase, it shall not be made.

Ajyjjropr'iation.

Sec. 3. The sum of thirteen thousand dollars is hereby appropriated out of
any unappropriated money in the general fund to purchase the said cabinet.

Sec. 4. This act shall take effect from and after its passage.

CHAPTER lY.

SUPREME COURT LIBRARY.

2313. Who may use.

Sec 2313. This library is for the use of the justices and counselors at law of
the supreme court.

2314. Librarian and his duties.

Sec 2314. The secretary of the supreme court, under the superrision of the
court, is the librarian, and responsible for the safe keeping of the books. Be-
fore used he must mark and number the volumes, and enter them in a catalogue
kept in the library.

2315. Who may take books.

Sec. 2315. Books may be taken from this library by the justices of the supreme
court. At the request of a counselor of the court, the bailiff must take from
the library to the court-room books for use in the argument of any cause.

2316. Fund for support of.

Sec. 2316. The supreme court library fund consists of fees collected by the
clerk of the court, as provided in section 753 of this code, and is under the
control of the court. Upon its order the controller must, without the approval
of any board, draw his warrant upon the treasurer for the amount specified, and
in favor of the person designated in such order, which warrant must be paid
out of such fund.

CHAPTER V.

OTHER PUBLIC INSTITUTIONS.

2326. State agricultural society.

Sec 2326. The powers, duties, privileges, and rights of the California state
agricultural society are fixed by "An Act to incorporate the state agricultural
society, and to appropriate mon^y for its sujDport," approved May thirteenth,
eighteen hundred and fifty -four, and the acts supplemental thereto, approved
March twelfth, eighteen hundred and sixty-three, and April thirteenth, eighteen
hundred and sixty-three. [See post, 15,001.]

2327. University of California — Normal school.

Sec 2327. The control and management of the university of California and
the state normal school are provided for in Title III of Part III of this Code.
[See ante, 1385 and 1487.]

2328. State prison.

Sec 2328. The control and management of the state prison is provided for
in Part III of the Penal Code. [See post, 14,573.]

19 289

2348-2349 POLITICAL CODE.

TITLE YI.

Cn.U'TER I. PcBLic Waters 2348

II. HiGUWAYS 2018

III. Toll Roads 2779

IV. Toll Bridges and Ferries 2843

Y. AVharves, Chutes, and Piers 2906

YI. Miscellaneous Provisions relating to Public Ways 2931

CHAPTER I.

rUBLIC WATERS.

Abticle I. Genkral Peovisions respecting Public Waters 2348

II. Navigation 23G0

III. Floating Lumbku 2389

IV. Wrecks and Wrecked Property 2403

V. Pilots and Pilot Commissioners 2429

VI. Pilot Regulations tor San Francisco, Benicia, and Mare Island 2457

VJI. Pilot Eegulations for Humboldt Bat and Bar 2470

VIII. Port Wardens 2501

IX. San Francisco Harbor and State Harbor Commissioners 2521

X. Harbor Commissioners for Poi:t of Eureka 2567

XI. Sailors and Sailor Boarding Houses 2583

ARTICLE I.

general provisions respecting public waters and obstructions therein.

2348. W}ta( v:aters are public ivays.

Sec. 2348. Navigable -waters and all streams of sufficient capacity to transport
the products of the country are public ways for the purposes of navigation and
of such transportation.

2349. Coriain streams and icalers declared navigable, and are piiblic ways.
Sec 2349. The following streams and waters are declared public ways:

So much of a slough as lies between Simon's canal, in the town of Alviso,
and the bay of San Francisco.

Petal unia river, from its mouth to a distance one third of one mile above
Washington street, in the city of Petaluma.

The Sonoma river, between its mouth and a point opposite Fowler's hotel,
in the town of San Luis.

The Napa river, between its mouth and the toll bridge.

The Suisun river, between its mouth and the town of Suisun embarcadero.

The Sacramento river, between its mouth and the mouth of Middle creek.

Feather river, between its moulh and a point fifty feet below the bridge
crossing Feather river first above tlic mouth of the Yuba river.

The Yuba river, between its mouth and a point at the mouth of the slough at
the foot of F street, in the city of Marysville.

The San Joaquin river, between its mouth and Sycamore point.

I See act of February 21, 1872, at end of this section.]

The Stockton slough, between its mouth and the west line of El Dorado
street, in Stockton.

The Mokelumne river, between its mouth and the first falls.

The Tuolumne river, between its mouth and Dickinson's ferry.

29U

PUBLIC WAYS. 2349

Deer creek, between the liouse of Peter Lassen and its mouth.

Big river, three miles from its mouth.

Noyo river, three miles from its mouth.

Albion river, three miles from its mouth.

San Antonio creek, in the county of Alameda, from its mouth to the old em-
barcadero of San Antonio.

The Arroyo del Medo, in the county of Santa Clara, from its mouth to the
upper line of the town of New Haven.

Mission creek, in the county of San Francisco.

Islais creek, in the county of San Francisco, from Franconia landing, near
Bay View turn^nke, to its outlet into the bay of San Francisco, and thence
easterly' along- tlie southerly line of Tulare street to the city water front on
Massachusetts street, of the width of the channel of said creek.

That portion of Channel street, in the city of San Francisco, and lying east
of and between the easterly line of Harrison street and the water front of the
bay of San Francisco, the width thereof to be sixty feet from Harrison to the
northeasterly line of Seventh street, and one hundred and forty feet from the
northeasterly line of Seventli street to the city front.

That certain creek running through tide land survey numbered sixty-eight,
and swamp and overflowed land survey numbered one hundred and forty-five,
from its mouth to the head of tide- water therein.

San Leandro creek, from its mouth at San Francisco bay to Andrews' landing.

San Lorenzo creek, from its mouth at San Francisco bay to Roberts' landing.

Johnson's creek, from its mouth at San Francisco bay to Simpson's landing.

The north branch of Alameda creek, from its mouth to Eden landing.

[See act of March 7, 1874, at end of this section.]

San Rafael and Corte Madera creeks, in Marin county, from their mouths as
far up as tide-water flows therein.

The Neuces creek, from its mouth at Suisun bay to a point one half mile
above the warehouse of George P. Loucks.

Diablo creek, from its junction with the Neuces to a point opposite the ware-
house of Frank Such, in Contra Costa county.

The Arroyo de San Antonio, or Keyes' creek, in Marin county, from its mouth
at Tomales bay to the warehouses on the point at Keyes' embarcadero.

[See act of March 24, 1874, at end of this section.]

All the streams and sloughs emptying into Elk river, and all streams and
sloughs south of Eureka, in Humboldt county, w^hich are now or at any time
have been used for the purpose of floating logs of timber, and all the sloughs
south of Humboldt point, in said county, that at high water have a depth of
two feet of water and wide enough to float and admit a boat carrying five tons
or more freight.

Novato creek, or estuary, in Marin county, from its mouth to Sweetzer's
landing.

Salinas river and Elkhorn slough, or Estero Viejo, in Monterey county, from
its mouth as far up as tide-water flows.

An Act declaring the San Joaquin river and the Stockton slough navigable from and to cer-
tain points herein named.

Approved February 21, 1872; 1871-2, 117.

San Joaquin river and Stockton slough.

Section 1. The San Joaquin river, between its mouth and the location of the
San Joaquin valley railroad bridge, and the Stockton slough, between its mouth
and the west line of El Dorado street in Stockton, are hereby declared naviga-
ble streams.

291

2349 POLITICAL CODE.

Sec. 2. All acts and parts of acts, in so far as they conflict with this act, are
hereby rejDealed.

Sec*. 3. This act shall take effect and be in force from and after its passage.

An Act declaring a certain creek in Washington township, Alameda county, navigable.
Approved March 8, 1872; 1871-2, 307.

Creek and Warm Springs in Alameda county.

Section 1. It is hereby declared that a certain creek in the townshii) of Wash-
ington, Alameda county, California, running up to Warm Springs lauding, and
connecting the waters of the bay of San Francisco with said landing, is naviga-
ble, and the same shall be kej^t free and open for the purposes of navigation
forever.

Sec. 2. All acts or parts of acts in conflict with the provisions of this act are
hereby rej^ealed.

Sec 3. This act shall take effect immediately.

An Act to declare Lake Earl in Del Norte conuty navigable.

Approved February 4, 1874; 1873-4, 59,

Lake Earl in Del Norte county.

Section 1. Lake Earl, in Del Norte county and State of California, is hereby
made and declared navigable.

Sec. 2. This act shall take effect and be in force from and after its passage.

An Act declaring Alameda creek in the county of Alameda, a navigable stream, and providing
for the removal of obstructions therefrom.

Approved March 7, 1874; 1873-4, 308.

Alameda creek.

Section 1. Alameda creek, from its mouth on the bay of San Francisco to
the northwesterly line of Mrs. E. T. Kandall's place, is hereby declared a
navigable stream.

Removal of ohstructions.

Sec 2. Whenever it shall be satisfactorily shown by petition, or otherwise,
to the board of supervisors of Alameda county, that by reason of obstructions
in the channel or bed, said creek is liable to overflow its banks and damage the
land on either side thereof, it shall be their duty to cause said obstructions to
be forthwith removed.

How done.

Sec 3. The removal of said obstructions may be done under the supervision
of the road commissioner of the township where said creek is situated, or by a
board of commissioners appointed by said board of supervisors. Said commis-
sioner or commissioners are duly authorized to remove said obstructions in
any manner that may best accomplish the purpose; provided, that in no event
sball the growing timber on either bank of said creek be injured or destroyed
in the prosecution of said work.

Expense fi.

Sec 4. All expense, of whatever nature or kind, necessarily incurred in
cariying out the provisions of this act, shall be defrayed by the parties peti-
tioning therefor. Tlie board of sujiervisors may, if they deem it necessary,
require of the petitioners a good and sufficient bond for the faithful perform-
ance of the work, as well as for the payment of the cost thereof. In no event
shall the cost be a charge ujoon the county treasury.

Sec 5. This act shall be in force from and after its passage.

292

PUBLIC WAYS. 2349-2350

An Act to ameud au act entitled An Act to declare navigable the Arroyo de San Antonio, or
Keyes' ci'eek, Marin county, approved March 28, 18G0.

Approved March 24, 1874; 1873-4, 564.

Arroyo de San Antonio, or Keyes' creek, in Marin county.

Section 1. Section one of an act entitled An Act to declare navigable the Ar-
royo de San Antonio, or Keyes' creek, Marin county, approved March twenty-
eighth, eighteen hundred and sixty, is hereby amended so as to read as follows:

Section 1. So much of the stream known as the Arroyo de San Antonio, or
Keyes' creek, in Marin county, as lies between its mouth, in Tomales bay, and
a point three hundred feet above or east of the wharf, in said stream, known as
the Ocean Roar wharf, is hereby declared navigable; provided, that should any
bridge be erected across the Arroyo de San Antonio by any railroad company, or
for highway puriDOses, shall be required to leave a span of at least forty feet
over the deepest jjart of said creek for the passage of lighters and other boats
plying thereon.

Sec. 2. This act shall be in force from and after its passage.

An Act declaring the " Moro Cojo" slough navigable.

Approved March 30, 1874; 1873-4, 790.

Moro Cojo slough, in Monterey county.

Section 1. The "Moro Cojo" slough, in the county of Monterey, is hereby
declared to be a navigable stream from a point where said slough enters the Sa-
linas river to tide-water.

Sec. 2. This act shall take effect immediately after its passage and approval
by the governor.

An Act declaring Gallinas slough, or creek, in Marin county, navigable.
Approved March 25, 1876; 1875-6, 483.

Gallinas slough, in Marin county.

Section 1. The slough or creek situated in Marin county, known as Gallinas,
or Guyanas slough or creek, is hereby declared navigable from its mouth up
to the line of the Sonoma and Marin railroad.

Sec. 2. This act shall take effect from and after its passage.
2350. Penalty for felling trees into public waters.

Sec. 2350, Whoever cuts or causes to be cut down any tree, so that it falls
into any stream or other waters declared by statute to be a public way, and does
not remove it therefrom within twenty-four hours thereafter, is liable to a pen-
alty of five dollars for each tree.

An Act to provide for the location of tow paths along the banks of navigable streams.

Approved April 1, 1872; 1871-2, 940.

Authority given.

Section 1. The board of supervisors of each county in the state may, when
public convenience for the purj^ose of commerce requires it, cause to be located
and opened a tow path, not exceeding ten feet in width, along the bank or banks
of any navigable stream within the county.
Viewers.

Sec 2. Tn order to locate and open such tow path, the same proceedings in
regard to petition, viewers, etc., shall be taken as are now by law required to
be taken in the respective counties of this state for the purpose of locating and
opening public roads and highways.

Water frontage.

Sec 3. The owner or owners of any land over which a tow path shall be
located and opened, shall not be deprived of the water frontage nor of the free

293

2350-2368 POLITICAL CODE.

use and enjoyment of .iny land so located, subject only to tlie right of the pubKc
to use the same for the pm-poses of commerce.

Fences.

Sec. 4. It shall not he necessary to construct or maintain fences on either side
of any tow path so located, but the board of supen-isors may make all necessary
rules and regulations for the government and management of tow paths, and
may provide for the erection of gates thereon and for the full and complete pro-
tection of the property through which the same passes.

Sec 5. This act shall take effect from and after its passage.

ARTICLE II.

NAVIGATION.

2360. Sf earners meetwg.

Sec. 23G0. When steamers meet each must turn to the right, so as to pass
without interference.

2361. Landing and receiring passengers by small boat.

Sec. 2301. "When a passenger is to be landed from a steamer by means of a
small boat, he must not be suffered to get into it until it is completely afloat
and wholly disengaged from the steamer, except by the painter.

2362. Lines used for landing not to be draivn by machinery .

Sec 23(52. No line used for the pui'pose of landing or receiving passengers
must be attached in any way to the machineiy of any steamer, nor must the
small boat used for such purpose be hauled in by means of such machinery.

2363. The engine to be stopped.

Sec 2303. During the landing and receiving of a passenger, and the going
and returning of the small boat for the purpose, the engine must be stopped,
and must not be put in motion, except to give sufficient force to keep the
steamer in a proper direction and safe position.

2364. Boats, oais and signals.

Sec. 23(54. In eveiy small boat there must be kept a good and suitable pair
of oai-s; and in the night time a signal, by means of a horn or trumpet, must be
given to the steamer from the small boat, when having landed or received its
passengers, it is ready to leave the shore.

2365. Steamers overtaking.

Sec. 2305. A steamer going in the same direction with another steamer ahead
of it must not approach or pass the other within the distance of ten yards; and
the steamer ahead must not be so navigated as unnecessarily to bring it
within ten yards of the steamer following.

2366. Steaviers to carry signals at night.

Sec 23GG. "When any steamer is running in the night time her master must
cause her to carrj' two conspicuous lights; one exjiosed near her bow and the
other near her stern; the latter must be at least twenty feet above her deck.

2367. Penalties, what amount.

Sec 23G7. Ever}' master or other person in charge who violates any of the
provisions of the preceding seven sections, incurs a penalty of two huudi'ed and
fifty dollars for each offense.

2368. Vessels at anchor to show lights.

Sec 23G8. "When any vessel is at anchor in the night time in any of the harbors
or ports within the jurisdiction of this state, the master or other person at the
time in the charge of the vessel must cause a conspicuous light shown in her rig-

294

PUBLIC WAYS. 2368-2377

ging at least twenty feet above lier deck, and another light from her taffrail,
under penalty of fifty dollars for every neglect.
2389, No recovery for collision in case of neglect.

Sec. 23G9. Neither the master or owner of any vessel can recover damages
for injuries to the same or to himself by a collision growing out of a non-com-
pliance upon its part with the provisions of the preceding six sections.

2370. Rafts on the Sacramento and San Joaquin rivers.

Sec. 2370. Every raft of timber floated on the Sacramento or San Joaquin
rivers at night must show two red lights, one at each end, and at least ten feet
above the upper logs or plank of such raft, under penalty of fifty dollars for
every neglect.

2371. Vessels to carry what boats.

Seo. 2371, Every vessel proj)elled by steam, navigating any waters of this
state and cariying passengers, must be provided with boats as follows:

1. If of five hundred tons measurement, one first-class life boat; one row
boat, twenty-five feet long by seven wide, capable of carrying fifty persons each;
and at least one other good row boat;

2. If of two hundred and fifty and less than five hundred tons measurement,
at least two ordinary row boats;

3. If of less than two hundred and fifty tons burden, at least one small row
boat.

All which boats must be attached in such manner that they can be launched at
any time for immediate use.

2372. Penalty, what amount.

Sec 2372. The master and owners, and each of them, of any vessel not pro-
vided with boats as required in the preceding section, are subject to a penalty
of not exceeding two hundred and fifty dollars.

2373. Racing, penalty for.

Sec. 2373. If the master or other person in charge of a steamer navigating
any of the waters of this state and used for the conveyance of passengers, or if
the engineer or other person in charge of the boiler or other apparatus for the
generation of steam does, for the purpose of increasing speed or excelling any
other vessel in speed, suffer to be created an undue or an unsafe quantity of
steam, he is subject to a penalty of five hundred dollars.

2374. Steamboats to wear spark catchers.

Sec 2374. All high-pressure steamboats navigating the Sacramento and San
Joaquin rivers, or any of their tributaries above the mouth of the San Joaquin
river or the city of Sacramento, must have secm-ely attached to theii- chimneys
metal bonnets or spark catchers.

2375. Bispectors to supervise and direct spark catchers.

Sec 2375. All such bonnets or spark catchers must be constructed under the
direction and supervision of the United States inspectors of steamboats for the
district of San Francisco.

2376. Compensation of inspectors.

Sec 2376. For each bonnet or spark catcher worn by any steamboat in-
spected or constructed under the direction of and certified to by the inspector,
he may receive from the owner thereof ten dollars as a compensation for his
services for such direction, supervision, or inspection and certificate.

2377. Neglect of duty and penalty therefor.

Sec 2377. Every owner or master who navigates a steamboat without bonnets
or spark catchers inspected and attached as required by the preceding three

295

2377-2393 POLITICAL CODE.

sections, is subject to a penalty of twenty dollai's for each day he navigates his
boat without the same. The owner of such boat is further liable for all damage
done by reason of such neglect.

2378. Owner liable for masfer's or engineer's penalties.

Sec. 2378. The owners of every steamboat are responsible for the good con-
duct of the master or other person in charge employed by them, and they are
jointly and severall}' liable for any j)enalty incurred by the master, engineer,
or other person in charge, which cannot be collected fi'om him by due course
of law, as if they were his sureties.

2379. Penalties, lioiv recovered.

Sec. 2379. The penalties given by this article may be recovered by the
disti'ict attorney of any county bordering on the water where the offense was
committed or the penalty incurred, to whom notice is first given, and when
recovered are to be equally divided between the common school and indigent
sick fund of the county whose distiict attorney recovers the same. Any judg-
ment recovered hereunder is a lien on the vessel against whose owners or master
it is recovered.

ARTICLE III.

FLOATING LUMBER.

2389. Definition of lumber.

Sec 2389. The word "lumber" is used in this article to designate all
timber, whether in logs, boards, planks, or beams, and whether in rafts or
otherwise, but does not include the sort of wood commonly called drift wood.

2390. Owner may reclaim lumber.

Sec 2390. Whenever any lumber di-ifts upon any island in any of the waters
of this state, or uj^on the bank of any such waters, the owner of the lumber may
remove it on payment or tendering to the owner or occupant of the land the
amount of the damages which he has sustained by reason thereof, and which
may accrue in its removal; and if the parties cannot agree as to the amount of
such damages, either party may have the same appraised by two disinterested
citizens of the county, Avho may hear proofs and determine the same at the
expense of the owner of the lumber.

2391. If not taken axcay, to be turned over to sheriff.

Sec 2391. If the owner of such lumber does not, within three months from
the time it was so drifted, take the same away, the owner or occupant of the
land must deliver a bill of his charges and appraisement of damages, together
with the lumber, to the sheriff of the count}^ and thereafter the sheriff must
dispose of the same as is required by Article IV of this chapter with regard to
wrecked perishable property.

2392. Application of proceeds when sold.

Sec. 2392. When sold, the proceeds of the lumber must be applied, first, to
the payment of the charges of sale, and in liquidation of the expenses and
damages awarded to the person entitled thereto; and the residue must be paid
to the county treasurer, to be by him paid over to the owner, or his representa-
tive or assigns, on the production of satisfactory proof of ownership to the
county judge, and on his order therefor made within one year after its receipt.

2393. Subsequent disposition of proceeds.

Sec 2393. The rejection by the county judge of any claimant's right to such
proceeds is conclusive, unless within six months thereafter he commences action
therefor. In case no claim is made or sustained to such proceeds, the same
must, by the county treasurer, Ijo placed in the common school fund of the
county.

2UG

PUBLIC WAYS. 2403-2409

AKTICLE IV.

WRECKS AND WRECKED PROPERTY.

2403. Duties of officers and citizens.

Sec. 2403. The sheriff in each county must give all possible aid and assist-
ance to vessels stranded on its coast, and to the persons on board the same, and
exert himself to save and preserve such persons, vessels, and their cargoes, and
all goods and merchandise which may be cast by the sea upon the land, and to
this end may employ as many persons as he may think proper. All citizens
must aid the sheriff when required.

2404. Officers, etc. , entitled to salvage — Salvage not to exceed half value of prop-

erty saved.
Sec 2404. Sheriffs and all persons employed by them or aiding in the recovery
and preservation of wrecked property, are entitled to a reasonable allowance as
salvage for their services, and to all expenses incurred by them in the perform-
ance of such services, out of the property saved; and the officer having the
custody of such property must detain it until the same are paid or tendered.
But the whole salvage claimed must not exceed one half of the value of the
property or proceeds on which it is charged; and every agreement, order, or
adjustment allowing a greater salvage is void, unless ordered and allowed by
the county judge.

2405. Owners of wrecked property may reclaim it.

Sec 2405. "Wrecked property may be kept or reclaimed, at the time of the
wreck, by the owner, consignee, or other person entitled to the possession; but
if any person has a just claim for salvage and necessary expenses incurred in
saving it, he must be paid before the property is reclaimed.

2406. Sheriff to keep possession until owner found.

Sec 2406. The sheriff of every county in which any wrecked property is
found, when no owner or other person entitled to possession appears, must
take possession of it in the name of the people, cause the value thereof to be
appraised by disinterested persons, and keep it in some safe place to answer
the owner's claims.

2407. Perishable jiroperty.

Sec 2407. If it is in a j^erishable state, the sheriff must apply to the county
judge, upon a verified petition, for an order authorizing him to sell it. If the
judge is satisfied that a sale of the property would be beneficial to the parties
interested, he must make the order applied for, and the j^roperty must then be
sold at public auction, at the time and in the manner specified in the order,
and the proceeds, deducting the expenses of sale, as the same is settled and
allowed by such judge, must be paid to the treasurer of the county.

2408. Order for surrender to claimant.

Sec 2408. If, within a year after the finding, any person claims the projierty
or its proceeds, and establishes his claim by evidence satisfactory to the county
judge, such judge must make an order directing the officer in whose possession
the property or its proceeds may be to deliver the same to the claimant, upon
the payment of a reasonable salvage and the necessary expenses of preservation.

2409. Claimant to first give bond.

Sec 2409. Before making the order, the judge must require from the claim-
ant a bond to the people, with one or more sufficient sureties, to be approved
by the judge and filed with the county clerk, in a penalty double the value of
the property or proceeds, conditioned for the payment of all damages that may
be recovered against such claimant or his representatives, within three years
after its date, by any person establishing title to the propei-ty or proceeds.

297

2410-2416 POLITICAL CODE.

2410. Aclion on bond.

Sec. 2410. If the bond becomes forfeited, the county judge, upon the appli-
cation, supported by proof, of the person entitled to the benefit of it, must
make an order for its prosecution for such j^erson's benefit, and at his risk and
expense.

2411. Owner maij sue, although claim rejected.

Sec. 2411. The rejection by the judge of any claim does not preclude the
claimant from maintaining an action for the recovery of such property or its pro-
ceeds against the ofiicer. If the plaintiff in any such action jirevails, there
must be deducted from the damages, in addition to salvage and exjDenses, all
the defendant's costs.

2412. Salvage to be stated in loriting.

Sec. 2412. Every officer to whom an order for the delivery of wrecked prop-
erty or the payment of its proceeds is directed, must present to the claimant
exhibiting it a written statement of the claims for salvage and expenses. If the
claimant refuses to allow such amount, it must be adjusted as hereinafter pro-
vided.

2413. rroceedings to settle disputed claims to salvage.

Sec 2413. If in any case the amount of salvage and expenses are not settled
by agreement, the county court of the county, on the application of the owner
or consignee of the jjroperty, or the master or supercargo having charge thereof
at the time of the wreck, or of a claimant having an order therefor, or of a per-
son claiming salvage or expenses, must determine the same in a summary way,
either by itself hearing the allegations and proofs of the party, or by referring
the questions to three disinterested freeholders of the county, who must have
the same powers and must proceed in the same manner as referees in civil
actions, and whose decisions as to the whole amount and as to the sums to be
paid to each person interested must be entered as the judgment of the county
court.

2414. Costs of contest.

Sec. 2414. The fees and expenses of the contest must be paid by the person
upon whose application it was had, and are a charge on the property saved.
Each referee is entitled to such per diem and expenses as the county judge may
deem just.

2415. Wrecked properixj not claimed to be sold.

Sec 2415. If within a year after saving wrecked proj^erty no claimant of the
property or its proceeds api)ears, or if within three months after a claim the
salvage and expenses have not been paid, or a suit for the recovery of the prop-
erty or its proceeds has not been commenced, the officer in whose custody it
may be must sell it at public auction, if not already sold, and pay the proceeds
of such sale, deducting salvage and expenses, into the treasury of this state, for
the benefit of the parties interested; but in no case must any deduction of sal-
vage and expenses be made unless the amount has been determined by the
county court of the county, a copy of whose oi'der and of the evidence in sup-
port tliereof must be transmitted by the judge to the controller. If any money
paid to a county treasurer under section 2407 remains in his hands more than
a year after it has been paid to him, the same must be paid into the state
treasury.

2416. Notice of sale.

Sec 241G. Public notice of every sale of wrecked property, under the pro-
visions of this chapter, must be published by the officer making the sale for at
least two weeks in succession in one or more newspapers printed in the county,

298

PUBLIC WAYS. 2416-2434

or if none is printed therein, tlien by written or printed notices in three of the
most public places in such county, posted up at least fifteen days previous to
such sale. Every notice must state the time and place of the sale, and contain
a j^articular description of the property to be sold.

2417, Notice of wrecked properhj.

Sec. 2417. Every sheriff into whose possession any wrecked projierty comes
must immediately thereafter publish, for at least two weeks in succession, in one
or more of the newspapers printed in this state, a notice directed to all parties in-
terested, giving a minute description of the property, and of every bale, box, case,
piece, or parcel thereof, and of the marks, brands, letters, and figures on each,
and stating where the same then is and its actual condition, and the name, if
known, of the vessel from which it came, her master and supercargo, and the
place where such vessel then is, and her actual condition.

2418. Expense of notice.

Sec. 2418. The expense of publishing notices under the provisions of this
chapter is a charge upon the property or proceeds to which it relates.

AETICLE V.

PILOTS AND PILOT COMMISSIONERS.

2429. Qualifications of pilots.

Sec 2429. No person must be appointed a pilot unless he is an American
citizen, over the age of twenty-one years, with a practical knowledge of the
management of sailing vessels and steamboats, and of the tides, soundiugs,
bearings, and distances of the several shoals, bars, rocks, points of land, light-
houses, and fog signals of the ports and harbors for which he is appointed, of
good moral character, and temperate, with the skill and ability necessary to
discharge the duties of pilot.

2430. Commissions and license.

Sec 2430. Pilots appointed by commissioners must be carefully examined as
to their qualifications, and if found to be qualified and worthy, must receive
licenses as pilots for the term of twelve months. "Whenever the commissioners
have cause for withholding a renewal of such license, notice thereof must be
given to such pilot by the commissioners ten days prior to the expiration of his
license.

2431. Pilots to take official oath and give bond.

Sec. 2431. Every pilot must execute an official bond in the sum of five thou-
sand dollars, to be approved by the officer or board appointing him. The
bonds of pilots appointed by commissioners must be filed with such com-
missioners.

2432. Vessel, oioner, etc., liable for pilotage.

Sec 2432. All vessels, their tackle, apparel, and furniture, and the master
and owners thereof, are jointly and severally liable for pilotage fees, to be
recovered in any court of competent jurisdiction.

2433. Owners to compensate pilots for loss.

Sec 2433. If any pilot, in endeavoring to assist or relieve any vessel in dis-
tress, suffers loss or damage in his boats, sails, tackle, rigging, or appurtenances,
the master, owner, or consignee of such vessel must pay the value of such loss
or damage, to be ascertained by the commissioners.

2434. Pilot to show commission or license, ivhen.

Sec 2434. Every pilot, on boarding a vessel, when required by the master
thereof, must exhibit his commission or license as pilot. A refusal so to do sub

299

2434^2440 POLITICAL CODE.

jects him to a forfeiture of his commission or license, and to a recovery of fifty-
dollars on his bond in a suit instituted for that i^urpose by the authority
ajJiiouitiug him.

2435. Pilots carried to sea or detained.

Sec. 2435. Every pilot carried to sea against his will, or unnecessarily de-
tained on board of a vessel when a pilot boat is in attendance to receive him,
is entitled to receive the sum of eight dollars per day while necessarily absent
or detained, not to exceed in the aggregate the sum of one thousand dollars in
any one case, which sum may be recovered by action against the master or
owner of the vessel so taking him away.

2436. Pilots for ports other than San Francisco, Mare island, Benicia, and Hum-

boldt bay.
Sec. 243G. Pilots for all the ports in this state, other than San Francisco,
Mare island, Benicia, and Humboldt bay, are governed by the following
regulations:

1. Thej' must keep, for the jiurj^ose of piloting, at least one boat for every
six pilots, in good condition, and seaworthy, sufficiently large to cruise in
heavy weather, to be exclusively used as a pilot boat;

2. They must cruise at least ten marine miles seaward from the headlands at
the entrance of the port;

3. They shall receive for piloting every vessel into or out of port the sum of
eight dollars per foot draught;

4. When the person commanding any vessel refuses to take a pilot, the pilot
first offering his services is entitled to half pilotage;

5. For incompetency, neglect of duty, or other good cause, the governor may
suspend or remove any pilot appointed by him;

6. They must strictly observe and obey all legally established quarantine
regulations.

2437. Further duties of pilots.

Sec. 2437. When cruising off or standing out to sea, j^ilots must go to a
vessel nearest to shore, or in the most distress, under a penalty of one hun-
dred dollars; for refusing to go on board a vessel when required, a like penalty
of one hundred dollars ma}' be imposed; in either case, npon conviction, the
pilot may be suspended or expelled, at the discretion of the commissioners.

2438. Violating regulations.

Sec. 2438. For ever}' violation of the duties and regulations herein specified,
the pilot so violating is liable on his official bond to the party aggrieved to the
amount of the damages sustained.

2439. Piloting vessels without license.

Sec 2439. Any person not the master or owner, and not holding a commis-
sion or license as a i)ilot, who pilots any vessel into or out of any harbor or port
of this state for which there are commissioned or licensed pilots, must be
punished therefor as provided in the Penal Code, section 379, and must pay
to the pilot entitled to pilot such vessel the amount of pilotage or towage col-
lected by him.

2440. Pdol commissioners for San Francisco, Mare island, and Benicia, hoxo

appointed.
Sec 2440. There must bo ai:)ioointed by the governor, by and with the advice
of the senate, three experienced and competent shipmasters or nautical men,
citizens of tlie United States, juid residents in either of the cities of San Fran-
cisco, Oakland, Vallejo, or Benicia, or of the towns of Brooklyn or Alameda, a
board of pilot commissioners for the ports of San Francisco, Mare island, and
Benicia.

300

PUBLIC WAYS. 2441-2457

2441. Pilot commissioners for Humboldt bay and bar, koto appointed.

Sec. 2441, There must be appointed by the governor three pilot commis-
sioners for Humboldt bay and bar. Two of the persons so appointed must be
resident business men and the other a shipmaster or nautical man, and a resi-
dent of Eureka, Humboldt county, who must constitute a board of pilot com-
missioners for Humboldt bay and bar.

2442. Term of office.

Sec. 2442. The commissioners hold their offices during the pleasure of the
power appointing them, not exceeding four years from the date of their com-
missions.

2443. Boards to organize, and meetings.

Sec. 2443. The commissioners miist organize as boards respectively by the
election of presidents, secretaries, and treasurers. They must provide for
themselves offices, in which they must meet as follows: The " San Francisco
board" must meet once a month in the city of San Francisco, and the " Hum-
boldt board " must meet at Eureka on the first Mondays in January, April,
July, and October.

2444. Powers of president.

Sec. 2444. The president of each board is authorized to administer oaths in
regard to any matter proj)erly before it and to issue subpoenas in like cases for
witnesses. A witness disobeying such subpoena served on him must pay to the
board one hundred dollars, for which judgment may be recovered by the presi-
dent in a civil action,

2445. Powers of boards.

Sec. 2445, Each board must make by-laws and rules for the government of
pilots appointed by it; and may adjourn their regular meetings from time to
time. The Humboldt board must hold a special meeting on notice of one
member, published in a newspaper in Humboldt county five days prior to the
proposed meeting. The San Francisco board may appoint a secretary and fix
his compensation, not to exceed the sum of two hundred and fifty dollars j^er
mouth. The secretary of the Humboldt board must be one of the members
thereof,

2446. Secretaries of boards, and records.

Sec 2446, The secretary of each board must keep a journal of all its pro-
ceedings and acts, and a register of all pilots appointed, their residence and
date of license; and must, under order of the board, issue licenses to be signed
by the president, and countersign the same. The secretary of the Humboldt
board is the treasurer thereof.

2447. Not to be interested in pilot-boats.

Sec 2447, Neither the commissioners nor their secretaries must have any
interest in any pilot-boat or steam-tug, nor in the earnings thereof, other than
for compensation as herein provided. Any one violating this section forfeits
his office,

ARTICLE YI,

PILOT REGULATIONS FOR SAN FRANCISCO, MARE ISLAND, AND BENICIA,

2457. To examine and license pilots and tug-boats.

Sec 2457. The board of commissioners must examine and license, in the
manner prescribed, not less than fifteen nor more than twenty pilots for the
port of San Francisco, and not more than two pilots for the ports of Mare
island, Vallejo, and Benicia, exclusive of steam-tug pilots. They must also
license for the same ports pilots solely for the purpose of being attached to

301

2i57-24G2 POLITICAL CODE.

steam-tug pilot-boats, capable of towing and piloting vessels of such registered
tonnage as may be specified in the license. Whenever a steam-tug pilot-boat is
licensed, the license must state whetlier it is limited or unlimited. If it is
limited to a class of vessels, it must specify the maximum of tons registered
measurement of vessels it is licensed to tow or joilot.

2458. Steam tug-boai license.

Sec. 2458. Pilots must at all times keep for their exclusive use boats of such
description and good condition as directed by the board. Whenever a pilot is
licen.sed to be attached to a steam-tug pilot-boat, the license must contain the
name of the pilot and the name and steam power of such boat; and in all
cases, before the issuing of the license, satisfactory proof must be made to the
board that such steam-tug i)ilot-boat is of sufficient power to tow vessels of the
tonnage for which it is licensed to and from sea, and to and from San Francisco,
Vallejo, Mare island, and Benicia, at ordinary times. Such steam-tug pilot-
boats must have all the apj^liances needed for the service for which the}' are to
be employed, and must have the certificate of the United States inspector of
steamboats. A steam-tug pilot can only act as pilot for and with the steam-
tug for which he is licensed, and for piloting and towing vessels of such ton-
nage, registered measurement, as may be named in his license. If any steam-
tug pilot-boat undertakes to tow or pilot any vessel of a registered tonnage
beyond that for which it is licensed, such steam-tug pilot-boat, her tackle and
apparel, and the i^ilot and owner thereof, are liable for all damages.

2459. Bu(y of pilots to arrest.

Sec. 2459. Every pilot in charge of a vessel arriving in the port or harbor of
San Francisco must safely moor the vessel in such position as the master of the
vessel or harliormaster may direct. He must jirevent all persons (exce^jt officers
of the state or federal governments, owners or consignees of the vessel or cargo,
and persons admitted on the express order of the master) from boarding such
vessel until she has been safely moored. To enforce the provisions of this sec-
tion and other i:)olice regulations for the harbor, every pilot in charge of a
vessel entering the harbor of San Francisco is authorized and emj^owered to
arrest every one who, in opposition to the master's orders, persists in boarding
such vessel, or who, having boarded her, refuses to leave on the command of
such master or pilot; when so arrested he must be immediately brought before
the police judge's court, or admitted to bail, as provided in the Penal Code.

2460. To render monthly account of pilotage.

Six. 2400. Every pilot of the harbors of San Francisco, Mare island, Vallejo,
and Benicia, must, once in each month, render to the board an account of all
moneys received by him or by any other person for him or on his account, and
pay five per cent, thereof to the board, in full compensation for its official
services, for the services of its secretary and treasurer, and all incidental
expenses.

2461. Board may revoke licen.<ie.

Sec. 2461. The board has power summarily to suspend pilots for misconduct,
inattention to their duty, intoxication, or viohition of any of the rules and regu-
lations provided by the Ijoard for the government of pilots, and to revoke the
license of pilots for the causes hereinafter mentioned, upon due proof thereof,
as hereinafter provided. The board must immediately suspend every pilot com-
plained of until the complaint is investigated and decided.

2462. Causes for revocation.

Sec. 2402. Any pilot may be dci:)rivod of his license before its expiration for
the following causes only :

1. For neglect, for thirty days after the same becomes due, as provided in the

302

PUBLIC WAYS, 24G2-24G6

second preceding section, to render an account to tlio board of pilot commis-
sioners of all moneys received by him for pilotage;

2. For neglect for thirty days after the same becomes due, to pay over to the
board the five per cent, on the pilotage money received by him;

3. For rendering to the board a false account of pilotage received;

4. For absenting himself from duty for more than one month at any one
time, except upon leave granted by the board, or by reason of sickness or per-
sonal injury;

5. For refusing to exhibit his license when requested to do so by the master
of any vessel he may have boarded;

G. For habitual or occasional intoxication, whetlier the same occurs while
in charge of any vessel as pilot or in charge of a pilot-boat, or at any other
time;

7. For negligently, ignorantly, or willfully running any vessel on shore, or
otherwise rendering her liable to injury. Any pilot deprived of his license
under this subdivision is thereafter ineligible to receive a license as pilot;

8. For willful violation of the rules and regulations adopted by the board of
commissioners for the government of pilots.

2463. Complaint against pilot to be verified, and how disposed of.

Sec. 24G3. No comj)laint against any pilot for any of the charges specified
in the preceding section must be entertained by the board, unless it is within
the knowledge of the commissioners or reduced to writing and verified, as in
civil actions. When a written complaint is filed, the pilot accused must be
forthwith served with a copy thereof by the secretary, and required to appear
and answer within ten days thereafter. If, upon the hearing of a complaint
and the testimony in relation thereto, the board adjudges the complaint well
founded, and the pilot guilty of any of the acts or causes herein declared suffi-
cient for depriving him of his license, the board must by order so declare, and
forthwith revoke his license. Such order must be entered of record in the
minutes by the secretary.
1^464. Decision of boards to be final.

Sec. 2464. All the decisions of the board, touching the revocation of licenses,
suspension of pilots and refusal to reappoint a pilot, as provided in the pre-
ceding section, are final and without right of review or appeal to any court of
law; but the board may, in its discretion, grant a rehearing in any case for
cause shown in writing, duly verified by the party affected thereby.

2465. Certain pilotage to be agreed on.

Sec. 2465. The pilotage inside the heads to the anchorage opposite San Fran-
cisco and about the harbor, or between the harbor of San Francisco and the
ports of Mare island, Vallejo or Benicia, must be at such rates as agreed on
between the parties, not to exceed five dollars per foot draught.

2466. Rates of pilotage.

Sec. 2466. The following are the rates of pilotage into or out of the harbor of
San Francisco: Vessels under five hundred tons, five dollars per foot draught;
vessels over five hundred tons, five dollars per foot draught, and four cents per
ton for each and every ton of registered measurement; vessels engaged in the
whaling or fishing trades, one dollar per foot draught. When a vessel is spoken
and the services of a pilot are declined, one half the rates must be paid. If the
vessel is inward bound, the above rates, and one half rates in this section men-
tioned are chargeable only when the vessel is sjDoken off the entrance to the
harbor, and outside the bar. In all cases where inward bound vessels are not
spoken until inside the bar, the rates of pilotage, and one half pilotage, must
be reduced fifty per cent.

303

24G7-24S1 POLITICAL CODE.

2467. Pilotage ofoidicard bound vessels.

Sec. 24:G7. Any vessel in tow of a steam-tug, outward boimd, or between the
harbor of San Francisco and the ports of Mare ishuid, Vallejo or Benicia, is not
liable for pilotage unless a licensed pilot is actually employed. If a pilot is
employed by any outward bound vessel in tow of a steam-tug not licensed, the
rates of pilotage are one half the rates specified in the preceding section.

2468. Certain vessels exempt from pilotage.

Sec. 24G8. All vessels coasting between San Francisco and any port in
Oi-egon, or in Washington or Alaska territories, and all vessels coasting between
ports of this state, are exempt from all charges for pilotage, unless a pilot is
actually employed. A steam tug jiilot-boat is in no case allowed to charge for
pilotage or towage unless the service of such boat is actually accepted.

AETICLE VII.

PILOT EEGIXATIONS FOR HUMBOLDT BAY AND BAR.

24'76. Board to appoint and remove pilots.

Sec. 2476. The Humboldt board may appoint for Humboldt bay and bar
Buch number of pilots as are necessary, subject to be removed by the board at
any time.

2477. To make rules to govern themselves and pilots.

Sec. 2477. The commissioners may make by-laws and rules for their own gov-
ernment and for the government of the pilots, and fix penalties for the breach
of the same — a copy whereof they must furnish each pilot appointed. They
may also suspend or revoke the licenses of pilots appointed by them, for inca-
pacity or misconduct.

2478. Pilots to he attached to steamboats — Damages.

Sec 2478. All pilots licensed or appointed for Humboldt bay must be
attached to a steamboat well furnished and fitted for the service, having the
necessary hawsers and spring lines suitable to cross and tow vessels over Hum-
boldt bar in ordinarily rough weather. Any damage to a vessel in tow of k
pilot boat, resulting from negligence or carelessness, may be recovered of the
jjilot boat, its owners, or the pilots in charge thereof at the time the injuiy
occuiTed; they are justly and severally liable therefor.

2479. Pilot having priority.

Sec. 2479. The pilot who brings any vessel into the port has priority in pilot-
ing or towing the same out, and the master of the vessel outward bound must
apply for jjilotage or towage on board the pilot boat which brought the vessel
in, and tender the pilotage or towage fee. Such pilot, or a suitable substitute,
must immediately render the required service, and for a failure so to do forfeits
his appointment. If the pilot, in bringing the vessel in, was guilty of negli-
gence or carelessness, he thereby forfeits his right of priority.

2480. Pilotage and to)rrige.

Sec. 2480. The following fees are collectible by the pilots of Humboldt bay:

1. For piloting vessels, eight dollars per foot draught;

2. For towage, an amount to be agreed upon between the parties.

2481. Pilot responsible for loss or detention of vessel.

Sec 2481. If any vessel bound for Humboldt bay is lost or unnecessarily
detained for want of a pilot or steam tug-boat after raising a signal for a pilot
within eight miles of the bar at tlie entrance of the bay, the pilots may be sus-
pended or displaced In" the commissioners, and tliose guilty of negligence or
inattention must j)ay to the commissioners a sum not exceeding five hundred

304

PUBLIC WAYS. 2481-2488

dollars, to be recovered in a sviit by them, and are liable to the owners of the
lost or detained vessel in the amount of dama,t;e resulting from sneh ne<^ligenoc
or inattention. The commissioners must publish all proceedings had in such
cases.

2482. Commissioners to recover forfeitures , etc.

Skc. 2482. The commissioners must sue for and recover all penalties and for-
feitures from pilots, masters, or owners of vessels, or other persons, or fi'omthe
vessels violating any of the provisions of this article. The money so collected
must be paid into the county treasury of Humboldt county, for the use of the
j)ub]ic schools, the commissioners first deducting therefrom, if sufficient, enough
to defray their salaries and necessary expenses.

2483. Compensation of commissioners.

Sec. 2483. The commissioners must each receive the sum of four dollars per
day for each day actually employed in the discharge of their duties, and all
necessary expenses for stationery, lights, and fuel used in their office, which sum
must be deducted from the moneys received by them before depositing the same
in the county treasury.

2484. Secretary to publish receipts.

Sec. 2484. On the first week in January of each year the secretaiy of the
board must cause to be published in a newspaper published in Humboldt county
a full account of all the receij^ts and expenditures for the year previous.

2485. Pilots to obsei've regulations.

Sec. 2485. The commissioners of Hu.mbo]dt bay and bar must strictly observe
and enforce the following regulations:

1. A j^ilot absenting himself from his duty for more than two months forfeits
his license;

2. Each i^ilot must apply for a renewal of his license ten days before the ex-
piration thereof , othei'wise it must not necessarily be renew^ed;

3. If a pilot becomes intoxicated while in charge of a vessel as pilot he must
be suspended or dismissed and his license withdrawn.

2486. License, hoiv forfeited.

Sec. 2486. Licenses of pilots are forfeited and must be withdrawn by the
board of commissioners in the following cases:

1. A failure to renew his bond or sureties when required by the board;

2. Willful violation of any duty prescribed by law or a regulation of the board;

3. Negligently losing a vessel;

4. Mental derangement;

5. Habitual drunkenness.

Notice of any charge must be given to the pilot accused, and an opportunity
to defend himself given before his removal.

2487. Pilot losing vessel.

Sec. 2487. A pilot negligently losing a vessel must not thereafter receive a
license as a pilot, and is liable for all damages sustained in consequence of such
neglect. If a pilot negligently runs a vessel on shore, he must receive no pilot-
age; and he is liable on his bond for all damages sustained.

2488. Extra services.

Sec 2488. The master, owner, or consignee of any vessel to whom any i^ilot
may have rendered, upon request of either of them, any extra service for the
preservation of such vessel while in distress, must pay such j^ilot, in addition
to his regular fees, such amount as the commissioners determine to be a reason-
able and just reward, if no special agreement has been made between such
master, owner, or consignee of such vessel and the pilot.
20 305

2489-2491 POLITICAL CODE.

24S9. Full pilotage.

Sec. 2489. A pilot boarding- any vessel displaying a signal for jx pilot is
entitled to receive full pilotage.

2490. Further fees.

tStc. 2490. The comiuissioners are entitled to charge for each license to a pilot
a sum not exceeding tifty dollars; and any master of a coasting vessel, being an
American citizen, can, upon application to the pilot commissioners, obtain a
special license for the use of such vessel only, by paying the commissioners for
the same at the rate of one dollar per ton; all such vessels must be under one
hundred and seventy-five tons burden.

2491. Claims against board.

Sec. 2491. All claims against the commissioners must be considered at a stated
meeting, and if correct must be allowed and paid.

An Act to establish pilots and pilot regulations for the port of San Diego.
Approved Marcli 26, 1872; 1871-2, 650.

Pilot commissioners of San Diego.

Section 1. It shall be the duty of the governor to appoint one citizen, resi-
dent of San Diego, as pilot commissioner. The president of the board of
tnistees and the president of the chamber of commerce of said city shall be
ex officio i^ilot commissioners. The three persons named shall constitute a
board of pilot commissioners, with the powers and duties as hereinafter
provided.
Oath.

Sec. 2. Each commissioner shall, before entering upon his official duties,
tate the following oath or affirmation, which shall be indorsed on his commis-
sion, and shall be signed by him, and certified by the county judge of the
county of San Diego: "I do solemnly swear (or affirm, as the case may be)
that I will support the constitution of the United States and the constitution of
the State of California, and that I will faithfully discharge the duties of the
office of i)ilot commissioner, without fear, favor, or affection, according to the
best of my ability."
Tenure of office.

Sec. 3. The lioard of pilot commissioners shall hold their offices during the
pleasure of the power appointing them, not exceeding four years.
Meetings, officers, rules, quorum, etc.

Sec 4. The board of pilot commissioners shall meet at least once in each
month. They shall elect one of their number president, who shall be authorized
to administer oaths, and under his hand and private seal to issue subpoenas for
the attendance of witnesses in all cases arising before the board under this act.
A witness disobeying such subp(jena shall forfeit and pay a sum not exceeding
one hundred dollars, which may be sued for and recovered in a civil action, in
the name of the president of the board. It shall make by-laws and rules for
its own government of the pilots, not inconsistent with the laws of this state,
or of the United States. A majority of such board shall constitvite a quorum
for the transaction of business, and may meet and adjourn from time to time,
according to adjournment or aj)pointment.
Organization of hoard.

Sec. 5. The commissioners may organize as a board at any time after their
appoiiitniout and qualification. After their organization they shall proceed to
examine and license, in the manner prescribed herein, not more than four pilots,
for the port of San Diego; i:)rovided, that nothing in this section shall be so
construed as to remove any pilot until his commission shall expire.

300

PUBLIC WAYS. 2491

Qualification of pilots.

Sec. 6. No person shall be appointed a pilot unless he is an American citizen,
over the age of twenty-one years, with a practical knowledge of the manage-
ment of sailing vessels and steamboats, and of the tides, soundings, bearings,
and distances of the several shoals, bars, rocks, points of land, light-house, and
fog signals of the port and harbor of San Diego.

Oath and bond of pilots.

Sec. 7. Every pilot receiving a license shall, before entering on the discharge
of his duties, take the oath prescribed by the constitution of this state, which
shall be indorsed upon his license, signed by him, and certified by the president
of the board; and shall give a bond in the sum of twenty-five hundred dollars,
with two sureties, to be approved by the board and recorded in the count}'
recorder's office of San Diego county, made payable to the State of California,
and conditioned that he will faithfully perform all the duties required of him
as a pilot under this act, and will observe the rules and regulations and decis-
ions of the board. .The pilots shall renew their bonds whenever the board
may deem it necessary and shall so order. In all cases where a pilot shall have
been deprived of his license before the expiration thereof for any of the causes
hereinafter sjDecified, it shall be the duty of the president of the board, j^ro-
vided a majority of the board shall instruct, to place the bond of such pilot in
the hands of the attorney-general of the State of California for collection. If
any amount be collected thereon, in such suit, it shall be paid to the board and
shall constitute a fund out of which it shall be the duty of the board to provide
rewards to encourage the relief of vessels and passengers in distress, and gen-
erally to encourage the j)ilots in the energetic performance of their duties.

Mooring of vessels.

Sec. 8. It shall be the duty of every pilot in charge of a vessel arriving in
the harbor of San Diego to have the vessel safely moored in such a position
as the master may direct.

Pilots candied to sea.

Sec. 9. Every pilot carried to sea against his will, when a pilot boat is in
attendance to receive him, shall be entitled to receive the sum of eight dollars
j)er day, while absent, which sum may be recovered from the master or owner
of the vessel so taking him away; provided, the amount herein allowed to be
recovered shall in no case exceed one thousand dollars.

Revocation of license.

Sec. 10. Any pilot may be deprived of his license before the expiration
thereof for the following causes:

1. For refusing to exhibit his license when requested to do so by the master
of any vessel he may have boarded.

2. For habitual or occasional intoxication, whether the same shall occur
while in charge of a pilot boat or at any other time.

3. For negligently, ignorantly, or willfully running any vessel on shore or
otherwise rendering her liable to injury; provided, that any jjilot deprived of
his license under this subdivision shall thereafter be ineligible to a license as a
pilot under this act.

Piloting without license.

Sec. 11. Any person not being the master or owner, not holding a license as
pilot, who shall pilot any vessel into or out of the harbor of San Diego shall
be deemed guilty of a misdemeanor, and on conviction in any court of compe-
tent jurisdiction shall be punished by a fine not exceeding five hundred dollars,
or by imprisonment not exceeding ninety days.

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2491-2501 POLITICAL CODE.

Pilot fees.

Sec. 12. All vessels, their tackle, apparel, and funnture, and tlie master
and owners thereof, shall be jointly and severally liable for pilotage fees, to be
recovered in any court of competent jurisdiction.

Bights of pilots to preference.

Sec. 13. "W^lien two or more pilots shall offer their ser-vdces to a vessel outside
of a line from Punto Lomas and the southeast end of Zuinga shoal, the pilot
first offering his sen-ices shall have the preference; and if the master of any
vessel shall refuse to observe such rule of preference, and to take tbe pilot
entitled to be prefen-ed on board, the vessel, her appurtenances, the master
and owner thereof, shall be jointly and severally liable to the pilot entitled to
such preference for one half of the amount of pilotage he would have been
entitled to claim had his services been accej)ted.

Bate of pilotage.

Sec. 14. The following shall be the rates of pilotage into and out of the
harbor of San Diego: all vessels under five hundred" tons, five dollars per foot
draught; all vessels over five hundred tons, five dollars per foot draught, and
four cents per ton for each and every ton of registered measurement; all vessels
engaged in the whaling or fishing trades, one dollar per foot draught. "When
a vessel is spoken and the services of a pilot are declined, one half of the
rates shall be paid. All vessels coasting between San Diego and any port in
Oregon, or in Washington and Alaska territories, and all vessels coasting be-
tween jDorts of this state, and all steamers from Panama connecting with the
Panama railroad, touching at said port of San Diego, bound to other coast
ports, shall be exempt from all charges for pilotage unless a pilot be actually
employed.

Pilots absenting themselves.

Sec 15, All pilots absenting themselves from San Diego for more than thirty
days shall forfeit his commission, except in case of sickness.

Sec. 1G. This act shall take effect and be in force from and after its passage.

ARTICLE VIII.

PORT WARDENS.

£"501. Number of port ivardens, term of office.

Sec 2501. There are four port w^ardens for the i:)ort and harbor of San Fran-
cisco, and one for each and every other port of entry within this state.

2502. Board for San Francisco.

Sec 2502. Of the wardens apjoointed in San Francisco two or more must be
master mariners. They must act in concert in the discharge of their duties,
and are known as the board of port wardens for the port of San Francisco.

2503 . TJv lij of roar dens .

Sec. 2508. The port wardens, when required by any person interested in
either vessel or cargo, must survey any vessel arriving in distress, or which has
sustained damage or injury at sea, and survey in whole or in part the cargo
thereof; and must snn-ey the hatches, stowage, and cargo of all vessels laden
with general or assorted merchandise belonging or consigned to various parties.

2504. To keep open record.

Sec. 2504. They must keep in a book pi'ovided for .such purpose a record of
all surveys, signed by the warden making the survey, at all times open for in-
spection by any person interested in the vessel or cargo surveyed, of which all

308

PUBLIC WAYS. 2504-2510

persons requiiing them must be furnished with copies certified under the hand
of the wai'den or one of the board of wardens and seal of the board, on payment
of the fee therefor.

2505. Surveys, and xohnt same inusf, set forth.

Sec. 2505. In all surveys made b^' a jiort warden he must set foiih clearly
and fully the nature of the damage; if of merchandise, whether from actual
contact with sea water or through the excess of water in the hold of the vessel,
or from the humidity or sweat of the hold, bad stowage, or from such other
cause by which in his judgment the damage has been occasioned. If the
survey is of a damaged vessel he must give a full account of all the loss and
injury which she has sustained, and recommend the repairs. He must state
the value of the vessel in her damaged condition, and also the value of the re-
pairs recommended, setting forth what parts are to be suj^j^lied anew and what
parts to be put in repair.

2506. Hay call assistance, but no charge therefor.

Sec. 250G. AVhenever a jDort warden deems it necessary he may call to his
assistance, on a survey, a shijo-carpenter, rigger, sailmaker, or other person
practically acquainted with the merchandise to be surveyed or parts of the
vessel to be repaired, who must be sworn to examine proj^erly and to render
with the warden a correct and faithful report of the surveys. No additional
charge must be made therefor to the vessel unless their survej^ is required by
the owner or agent thereof.

2507. Sales of lorecks, vessels and merchandise for foi'eign tinderivi'ifei's.

Sec. 2507. All wrecked or damaged vessels, or materials from the same, and
all merchandise sold at public auction for account of underwriters residing
abroad, when required by any party having an interest in the same, or for
account of whom it may concern, or upon which claims are to be made against
underwriters residing abroad, must be sold under the insj)ection of a warden of
the port where such sale is made. And the warden must separate sound goods
from those damaged, and certify' specially the nature, and, as far as can be done,
the extent of such damage. No port warden has authority to sell or disj^ose of
any j^roj^erty that may have been surveyed by him without the consent of the
owner or agent of the same; nor when the settlement of losses has been agreed
upon in writing by the parties interested and a copy thereof given to the
warden.

2508. Notice of sale, how given.

Sec 2508. In case sales are made at auction under the direction of the port
warden, he must give at least three days' notice of the same by publication in
some newspaper published in the county where the survey is made, describing
the articles to be sold; and if merchandise, the vessel by which imported; and
if a wrecked or damaged vessel or materials of the same, the name of the vessel
and w^here from. If no newspaper is published in the place Avhere the sale is
made, then a written notice of such sale must be j^osted uj) in the vicinit}'.

2509. Wardens not to be connected with insurance.

Sec 2509. No poi-t warden must, either directly or indirectly, have any con-
nection with insurers of this state, or of any other of the states, or of foreign
countries, or with the agents or re]:)resentatives of such insurers, so far as his
duties as port warden are concerned. He must not in any manner be interested,
directly or indirectly, in any repairs he may recommend, nor in any vessel, cargo
or portion of cargo he may be required to survey.

2510. Fees for surveys and certificates.

Sec. 2510. For each and eveiy survey the port warden is entitled to fifteen

309

2510-2521 POLITICAL CODE.

dollars, to be paid bj' the owners, masters or consignees, the amount not to
exceed altogether for any one vessel the sum of seventy-five dollars. Foreign
vessels, not admitted by treaty on terms of equality with Ameiican bottoms,
must pay fifty per cent, advance on this rate. For all separate ceiiiticates of
surveys requii'ed by difi'ereut consignees he is entitled to a fee of two dollars
and a half, and for each order of sale he is entitled to ten dollars.

2511, Penalty for any one to act as such who is not a port warden.

Sec 2511. Any person other than a port warden, appointed according to law,
who performs any of the duties of such officer prescribed in this article is liable
to a penalty of not less than five hundred dollars nor more than one thousand
dollars for each olYcnse, to be recovered in any court of comj:)etent jvirisdiction
by the warden or board of port wardens, in the name of the people of the State
of California.

ARTICLE IX.

SAN FKANCISCO HAKBOR AND STATE HAEBOE COMMISSIONERS.

[This entire article, from section 2521 to 2554, inclusive, was remodeled, and
the new section 2520 added by the act of February 28, 1876; Amendments
1875-6, 32, from which the following amendments are taken. On account of
the thorough change made and the consequent little light the original sections
would throw upon the amendments, as well as on account of the great length
of the original sections, the}- are omitted from the notes; and the inquirer
desiring to consult them is referred to the volume of the Political Code as
originally' adopted. ]

2520. Appointment of state harbor commissioners.

Sec. 2520. As soon as ma}'- be after the passage of this act, the governor, by
and with the consent of the senate, shall appoint three state harbor commis-
sioners, who shall hold office, one for two years, one for three years, and one
for foiu- years, from the date of their respective commissions. The governor
shall, in like manner, at the expiration of their respective terms, appoint and
commission their successors, for a full term of four years, excej)ting in case of
a vacancy occurring in the board by resignation, or otherwise, to fill which he
shall appoint a commissioner for the unexpired portion of the term. [Ne^o
section, approved February 28, 1876; Amendments 1875-6, 32; tooh effect from
passarje.

2521. Bonds of commissioners — Secretaries and their duties.

Sec 2521. The governor shall issue commissions to each member of the state
board of harbor commissioners, which commissions shall take effect immediately
after such commissioners shall have filed bonds and qualified, as in this article
provided. Each commissioner shall, before entering upon the duties of his
office, and within fifteen days after his appointment, give a bond in the sum of
fifty thousand dollars, conditioned for the faithful performance of his duties,
required by this article, which bond shall be approved by the governor and
state treasurer, by writing indorsed thereon, and tiled in the office of secretary
of state. No bond shall be required of the ex officio members of the board.
The commissioners shall not be sureties for each other, nor shall any officer of
the state governinent, nor officer or member of the legislature, be accepted as
surety on said Ijonds. The commissioners shall take and subscribe an official
oath, which oath shall l>e attached to and filed with said bonds respectively.
The commissioners shall be known as the board of state harbor commissioners;
and, after being qualified, shall choose, by ballot, one of their own number
president of the board. The commissioners shall appoint as secretary of the
board some suitable person, who is not one of their own number, who, before

310

PUBLIC WAYS. 2521-2522

entering upon the duties of his office, shall give a bond, with two or more sure-
ties, in the sum of twenty thousand dollars, conditioned for the faithful per-
formance of his duties; which bond must be approved b}- the commissioners,
by writing indorsed thereon, and he shall also take and subscribe to an official
oath, which oath shall be attached to and filed with his bond with the secretary
of state. The commissioners shall appoint an assistant secretary, who shall
give a bond in the sum of ten thousand dollars, with two or more sureties,
conditioned for the faithful performance of his duties, which bond shall be
approved by the commissioners, in writing indorsed thereon, and shall also take
and subscribe an official oath, which oath shall be attached to and filed with
his bond with the secretary of state. The secretary of the board shall keej) the
office of the board open every day, from nine o'clodt a. m. till four o'clock
p. M., Sundays and holidays excepted. He shall attend the meetings of the
board, and record the names of all the commissioners present, and shall keep
a clear and distinct record of all their jDroceedings at every meeting. He shall
kee]) in suitable books a record of all moneys received and disbursed by the
commissioners, and of all agreements and contracts entered into by them,
which record shall be open to the inspection of the public during the usual
business hours. The secretary shall forward to the controller of state, as often
as once in each month, a statement under oath in the form of a balance-sheet,
containing a full exhibit of all moneys received and disbursed; the sources
from which the same were received, and the purposes for which the same were
paid out. He shall, also, in the first week in January, April, July, and
October, in each year, file in the office of the secretaiy of state a repoi-t, in the
form of a balance-sheet under oath of the receipts and disbursements for each
preceding three months. He shall keep in separate books a record of all the
personal propert}^ and the cost of the same, purchased by the commissioners
in belialf of the state, and the disposition made of the same, when any shall
have been sold, and the price received therefor. He shall perform such other
duties pro]Derly pertaining to those of secretary as may be required of him by
the board. The assistant secretary shall perform such service pertaining to
the duties of his office as the secretaiy or commissioners may require during
business hours, [Amendment, approved February 28, 1876; Amendments 1875-6,
32; took effect from passage}''^

2522. Employees and their duties.

Sec. 2522. The commissioners may appoint a chief engineer, whose duty it
shall be to superintend the construction of all embankments and sea-walls, the
dredging of slips and docks, the building of wharves, piers, quays and land-
ings, thoroughfares, and other necessary structures, upon the premises and
under the control of said commissioners, by virtue of this article. The}- may
also, in their discretion, em2:)loy assistant engineers and draughtsmen, who
shall be under the control and subject to the directions of the chief engineer,
and pay a reasonable compensation for such services. They may appoint an
attorney-at-law, who shall attend to the prosecution and defense of all suits and
other matters requiring his professional services, and give counsel and advice
when required by the board. They shall apj)oint as chief wharfinger a compe-
tent man, who must, before entering u]pon the duties of his office, file, in the
office of the board, a bond, with two or more sureties, in a sum sufficient to
cover any amount of money that shall come into his hands, conditioned for the
faithful performance of his duties as such chief wharfinger, which bond, if satis-
factory, shall be approved by the board by writing indorsed thereon. Such
chief wharfinger shall, under the direction of the commissioners, furnish to all

(a; See remarks at head of Article IX, ante, 2520.

311

2522 POLITICAL CODE.

ship-masters, cousignees, and pilots of all sliips and other water craft, a piinted
copy of the harbor regulations of the harbor of San Francisco, which shall
contain the rates of dockage, wharfage, and tolls, and such other matters as
said commissioners shall deem proper to furnish to ship-masters, consignees,
and pilots, to give them a correct knowledge of the regulations of said harbor;
such pi'inted copies of harbor regulations to be furnished to said chief wharf-
inger by said commissioners. The chief wharfinger shall also, subject to the
directions of the board, superintend and direct the removal of all incumbrances
and obstnactious from the docks, slij^s, Avharves, landings, and thoroughfares,
and shall have, subject to the directions of the commissioners, as aforesaid,
authority to station, berth, and regulate the position of all classes of water
craft navigating said harbor, and to remove, from time to time, and from place
to place, such water craft as the wants of commerce and good order may
require; provided, however, that said chief wharfinger shall have no control
over such portions of the water-front of said city and county as are held by
grantees or lessees, or their assigns, under valid leases. Said commissioners
may also appoint an assistant chief wharfiuger, who shall perform such duties
pertaining to his office as shall be required of him by said commissioners, and
by said chief wharfinger. Said assistant chief wharfinger must, before entering
ujjon the duties of his office, file, in the office of the board, a bond, with two
or more sureties, in a sum sufficient to cover all moneys that may come into his
hands, conditioned for the faithful joerformance of his duties as assistant chief
wharfinger, which bond shall be approved by the board by writing indorsed
thereon. Said commissioners shall also appoint a suflieient number of persons
wharfingers, to collect the revenue arising from dockage, wharfage, cranage,
rents, and tolls, by authority of this article, and may also appoint a sufficient
number of persons toll collectors, to collect the tolls authorized to be collected
by vii'tue of this article; each of which wharfingers and toll collectors must,
before entering upon the duties of their respective offices, file, in the office of
the board, a bond, with two or more sureties, in a sum sufficient to cover any
moneys that may come into their hands, conditioned for the faithful perfoiin-
ance of their duties as such wharfingers and toll collectors, which bonds shall
be approved b}' said commisioners by writing indorsed thereon. Every wharf-
inger and toll collector appointed by authority of this article must make and
subscribe to an official oath, which oath must be attached to and filed with his
bond. The secretary of the board is hereby authorized to atlminister to each
wharfinger and toll collector the oaths required by this article to be made by
such wharfingers and toll collectors. Each wharfinger and toll collector shall
keejD, in suitable books to be furnished by the commissioners, an account of all
moneys by him collected, which books shall be ojjeu to the inspection of the
public at all reasonable times, and such wharfingers and toll collectors shall i)ay
to the commissioners all the moneys collected by them, at least once in each
week, and as much oftener as the commissioners shall require. The wharfingers
appointed by authority of this article shall have autliorit}^ respectively, and
they are hereby authorized, to require the cajitain, consignees, agents, or owners
of any water craft, or the OAvners, agents, )nanagers, or conductors of any railroad
car, or train of cars, or the consignees of an}- goods, wares, or merchandise, or
animals, to be landed, loaded, or unloaded upon the premises described in this
article, on or before the landing, loading, or unloading thereof, to furnish to
any such wharfingers, when rccpiired to do so, the number of tojis, or number
of hundred, or number of feet, or number of cords, or number of animals, any
such water craft, or car, or train of cars, contains; and it shall be the duty of
every captain, consignee, agent, or owner of any water craft, or the owners,
agents, managers, or conducttjrs of every railroad car, or train of cars, the con-

312

PUBLIC WAYS. 2522-2524

sig-nee of any goods, wares, merchandise, or animals, upon any railroad car, or
train of cars, which goods, wares, merchandise, or animals are to be landed,
loaded, or unloaded within or upon the joremises described in this article, to
furnish to such wharfingers a correct account of the number of tons, or the
number of hundred, or number of feet of goods, wares, or merchandise, or
number of animals, when required to do so by any wharfinger; and every cap-
tain, consignee, agent, or owner of any water craft, or any owner, agent,
manager, or conductor of anj' railroad car, or train of cars, or any consignee of
any goods, wares, merchandise, or animals, upon any railroad car, or train of
railroad cars, who shall neglect or refuse to furnish the information required to
be given to the wharfingers by this section, or who shall, designedly, give false
infonnation, shall be guilty of a misdemeanor, and, upon conviction thereof
before anj^ court of competent jurisdiction, shall be fined not less than twenty
nor more than one hundred dollars, or by imprisonment in the jail of the city
and county of San Francisco not less than ten nor more than fifty days, or by
both sixch fine and imprisonment. [Amendment, approved February 28, 1876;
Amendments 1875-G, 32; took e (feet from passage}'-^

2523. Actions for property , moneys, and to remove obstructions.

Sec. 2523. The commissioners may institute and prosecute to final judgment
actions in the name of the peoj^le of the State of California for the jDossession
of any portion of the premises described in this article, situate between the
inshore line or line nearest the mainland and the line off-shore, six hundred
and fifty feet therefrom, and parallel therewith, or for the annulling of any
lease or contract entered into by the commissioners in behalf of the state by
virtue of any general or special law, or for the collection of any money due or
that may become due the state by authority of this article; and the commis-
sioners may also institute and prosecute to final judgment actions for the re-
moval of all unlawful obstructions in or upon said premises, or for the removal
of all unlawful obstructions in or upon the streets through the centre of which
the inshore line or line nearest the mainland, bounding said premises, runs.
They may also remove any unlawful obstructions thereon after the owner, pos-
sessor, or occupant of such obstructions shall have five days' notice, in writing,
to remove the same, either served on such owner, possessor, or occupant, or
posted upon said obstruction by the chief wharfinger, assistant wharfinger, or
wharfinger. [Amendment, approved February 28, 1876; Amendments 1875-6, 32;
took effect from passage.'-"''

2524, Water front of San Francisco in charge of commissioner§ — Duties of com-

missioners.
Sec. 2524. The commissioners shall have possession and control of that por-
tion of the bay of San Francisco, together with the imj^rovements, rights, j^i'ivi-
leges, easements, and appurtenances connected therewith, or in anywise apper-
taining thereto, for the purposes in this article provided (excepting such parcels
thereof as are held by the lessees, or their assigns, of valid leases, which j^arcels
so held it is hereby made the duty of the commissioners to take jpossession of,
together with the imi^rovements thereon, as soon as said leases terminate, and
also to see that the lessees, or their successors or assigns, do not exercise rights
and privileges that are not conferred by said leases), bounded as follows, to wit:
Commencing at the point where the easterly line of the Presidio reservation in-
tersects the water-line front, as established by the board of state tide land com-
missioners; thence easterly along said water-line front to the centre of Webster
street; thence southerly along the centre of Webster street to the centre of
Lewis street; thence easterly along the centre of Lewis street to the centre of

(a) See remarks at head of Article IX, ante, 2520.

813

2524 POLITICAL CODE.

Polk street; thence southerly along the centre of Polk street to the centre of
Touqiiin street; thence easterly along the centre of Tonquin street to the centre
of Larkiu street; thence southerly along the centre of Larkin street to the
centre of Jefferson street; thence easterly along the centre of Jefferson street
to the centre of Powell street; thence southerly along the centre of Powell
street to the centre of Beach street; thence easterly along the centre of Beach
street to the centre of Dupout street; thence southerly along the centre of
Dupont street to the centre of North Point street; thence easterly along the
centre of North Point street to the centre of Kearny street; thence southerly
along the centre of Kearny street to the centre of Francisco street; thence east-
erly along the centre of Francisco street to the centre of Montgomery street;
thence along the centre of Montgomery street to the centre of Chestnut street;
thence easterly along the centre of Chestnut street to the centre of Sansome
street; thence southerly along the centre of Sansome street to the centre of
Lomhartl street; thence easterly along the centre of Lombard street to the
centre of Battery street; thence southerly along the centre of Battery street to
the centre of Greenwich street; thence easterly along the centre of Greenwich
street to the centre of Front street; thence southerly along the centre of Front
street to the centre of Vallejo street; thence easterly along the centre of Vallejo
street to the centre of Davis street ; thence southerly along the centre of Davis street
to the centre of Pacific street; thence easterly along the centre of Pacific street to
the centre of East .street; thence southerly along the centre of East street to the
centre of Folsom street; thence westerly along the centre of Folsom street to the
centre of Steuart street; thence southerly along the centre of Steuart street to
the centre of Hai'rison street; thence southerly on a direct line w4th said Steuart
street, two hundred and fifty-three feet nine inches, to the centre of a street the
name of which is not on a map; thence at right angles, westerly, along the
centre of said street to the centre of Spear street; thence southerly along the
centre of Spear street to the centre of Bryant street; thence westerly along the
centre of Bryant street to the centre of Beale street; thence southerly along the
centre of Beale street to the centre of Brannan street; thence westerly along
the centre of Brannan street to the centre of First street; thence southerly along
the centre of First street to the centre of Townsend street; thence westerly
along the centre of Townsend street five hundred and fifty feet, to the centre of
a street the name of which is not on a map; thence at right angles southerly
along the centre of said street to the centre of King street; thence along the
centre of King street to the centre of Second street; thence southerly along the
centre of Second street to the centre of Berry street; thence westerly along the
centre of Berry street to the centre of Third street; thence southerly along the
centre of Third street to the northerly line of Channel street; thence westerly
along the last-mentioned line to the easterly line of Fifth street; thence south-
erly along said last-mentioned line to the southerly line of said Channel street;
thence easterly along said mentioned line to the centre of Keiitucky street;
thence southerly along the centre of Kentucky street to the centre of Fourth
street; thence along the centre of Fourth street to the centre of Louisiana street;
thence southerly aloiig the centre of Louisiana street to the centre of El Dorado
street; thence along the centre of El Dorado street to the centre of Illinois
street; thence southerly along the centre of Illinois street to the centre of So-
lano street; thence easterly along the centre of Solano street to the water-front
line established by the board of state tide land commissioners; thence south-
erly along said last-mentioned line to the centre of Tulare street; tlience
westerly along the centre of Tulare street to the centre of Texas street; thence
southerly along the centre of Texas street to the centre of Islais street; thence
easterly along the centre of Islais street to the centre of Water-front street;

314

PUBLIC WxYYS. 2524

thence southerly along the centre of Water-front street to the centre of India
street; thence westerly, southerly, and easterly, along the centre of said India
street to the centre of Water-front street, to the centre of China street; thence
westerly along the centre of China street to the centre of Third avenue; thence
southerly along the centre of Third avenue to the northerly line of the property
of the California dry dock company; thence easterly along said last-mentioned
line to the water front estal)lished by the board of state tide land commissioners;
thence southerly along and around said dry dock company's land to the south-
easterly corner thereof; thence westerly along the line of said land to the
centre of W^ater-front street; thence southerly along the centre of Water-
front street to the centre of Nineteenth avenue; thence westerly along the
centre of Nineteenth avenue to the centre of Dock street; thence southerly
along the line of Dock street to the centre of Twenty-third avenue; thence west-
erly along the centre of Twenty-third avenue to the centre of H street; thence
southerly along the centre of H street to the centre of Twenty-fourth avenue;
thence easterly along the centre of Twenty -fourth avenue to the centre of Water-
front street, and thence southerly along the centre of said Water-front street to
the southern boundary of the county of San Francisco; thence along the
southerly, easterly, and northerly boundary lines of said county to a point due
north of the j)lace of commencement, and thence south to the place of com-
mencement. But no harbor embankment or sea-wall shall be constructed
outside of the following named points and lines, to wit: Commencing at
the point where the eastern boundary line of the Presidio reservation, ex-
tended in a northerly direction, intersects the three fathom contour line,
shown upon the charts of the United States survey, and running thence
in an easterly and southerly direction upon straight or curved lines, in
such manner as to approach as near as practicable the extreme outer pro-
jections of the water-line front as described in an act to provide for the dis-
position of certain proj^erty of the State of California, .passed March twenty-
sixth, A. D. eighteen hundred and fifty-one, to a point at or near the intersection
of Second and Berry streets; thence continuing southerly, upon straight or
curved lines, in such a manner as to approach as near as practicable the extreme
outer jDrojections of the water-line front, as established b}^ the board of state
tide land commissioners, to the southern boundary of said city and county of
San Francisco. And said commissioners, in addition to a general control over
said premises, shall have authority to use, for loading and landing merchan-
dise, with a right to collect dockage, wharfage and tolls thereon, such portion
of the streets of the city and county of San Francisco ending or fronting upon
the waters of said bay as may be used for such purposes without obstructing the
same as thoroughfares, and avithority to rent an oflSce in the city and county of
San Francisco, between Montgomery, Market, and Pacific streets and the city
front; and jDurchase from time to time suitable books for the records of the
secretary and accounts of the wharfingers, together with such stationery as
may be required by the board, and to fix and regulate from time to time the
rates of dockage, wharfage, cranage, tolls, and rents, and collect such an
amount of revenue therefrom as will enable the commissioners to perform
the duties required of them by authority of this article. And the com-
missioners and mayor of San Francisco may so modify and establish such
rates of dockage and wharfage as will produce a revenue not to exceed in
amount the moneys collected in the year eighteen hundred and seventy-five,
collecting as near as possible equal amounts from dockage and wharfage. When
such modification has been made, the collection of tolls must be abolished, and
the toll collectors discharged. The commissioners shall construct such number
of wharves as the wants of commerce shall require, and shall locate such

315

2524 POLITICAL CODE.

^vhai-ves, at such points ami upon such lines, as the board may deem most
suitable for the best interest of commerce, and shall repair and maintain all the
wharves, piers, quays, landings, and thoroughfares the wants of commerce may-
require, and generally to erect all such improvements as may be nefcessaiy for
the safe lauding, loading, and unloading, and protection of all classes of mer-
chandise, and for the safety and convenience of passengers passing into and
out of the city and county of San Francisco by water. But no wharf shall be
extended into the bay more than six hundred feet beyond the inside line, or
line nearest the shore of the city and county of San Francisco, described in
this article, or more than six hundred feet beyond the permanent water-front
line when established under the jiroA-isions of this article, nor shall any such
wharf be constructed upon such place or line as will cause any slip or dock to
be less than one hundred and thirty-six feet wide at the most narrow point
between the wharves. "When they determine that a new wharf shall be erected,
or any other necessary improvement constructed or repairs made, or dredging
machines, scows, steam tugs, and any necessarj^ machinery, the cost of which
shall exceed three thousand dollars, they shall advertise for sealed proposals,
for a period of not less than ten days, in one or more of the daily newspapers
in the city and county of San Francisco. Every proposal shall be accompanied
by a certified check for an amount equal to five per cent, of the amount of such
proi:)Osal, such check to be made payable to the order of the secretary of said
board, conditioned if the proposal is accepted and the contract awarded, and if
the bidder shall fail or neglect to execute the contract and give the bond re-
quired within six days after the award is made, in that case said sum mentioned
in said check shall be i^aidinto the state treasury b}' said secretary as liquidated
damages for such failure and neglect as a portion of San Francisco harbor
improvement fund. Such advertisement shall contain a general description of
the work to be done, the materials to be used, the j^lace where to be used, and
must refer to specifications, which must contain a full and accurate description
of the work to be joerformed, the material to be used, and where to be used,
which sj^ecifications shall be kept in the office of the secretary of the board in
such manner that all persons may insj^ect the same during the usual business
hours of all days except Sundays and holidays. On a day named in the adver-
tisement, the commissioners shall oi)en the bids in the presence of such bidders
as are present, and award the contract to the lowest bidder who shall furnish
sufficient svu'eties to guarantee the performance of the work. If, in the opinion
of the commissioners, the bids are too high, they may reject them and adver-
tise anew in Hke manner as before. If, in the opinion of the commissioners,
the second bids are too high, they may reject them likewise, and enter into
contract with responsible parties without giving further notice. Any contract
entered into without giving public notice and receiving bids, must be at least
ten per cent, lower than the lowest rejected bid. The board may construct
such harbor, endjankment, or sea-wall, as shall be necessary to protect the
harbor of San Francisco, and dredge such number of slips and docks as the
commerce of the port of San Francisco may require, to a depth that will admit
of the easy and free ingress and egress of all classes of water craft that load
and discharge cargoes at the wharves, piers, quays, landings, and thoroughfares
in the harbor of San Francisco; to jjerform which dredging the board of state
harbor commissioners are hereby authorized and empowered to purchase or
construct dredging machines, scows, steam tugs, and the necessary machinery,
and enii)](n' men for operatiiig the same. "When any portion of the premises
desciil^ed in this article shall be dredged, the sand, mud, or other substance
shall be dei^osited in a place designated by the board in not less than fifteen
fathoms of water. All classes of water craft that uses or makes fast to any

316

PUBLIC WAYS. 2524

■\vliarf, i:»ier, quay, landing, or thoroughfare, and lands npor or loads therefrom
any goods, wares, or merchandise, shall be liable, and must pay to the com-
missioners such rates of dockage as shall be fixed by authority of this article;
and all such water craft as shall discharge or receive any goods, wares, or
merchandise, while moored in any slip, dock, or basin, within the jurisdiction
of the commissioners, shall pay one half the regular rates of dockage. Any
water craft that shall leave any wharf, pier, quay, landing, thoroughfare, slip,
dock, or basin, unless forced to do so by stress of weather, without first paying
the dockage due from such vessel, shall be liable to pay double the regular
rates. The charge for wharfage and tolls shall be a lien upon all goods, wares,
and merchandise landed upon any of the wharves, piers, quays, landings, or
thoroughfares, upon the premises described in this article; and the com-
missioners, their agents or lessees, may hold possession of any such goods,
wares, or merchandise, so landed as aforesaid, to secure the payment of such
wharfage and tolls; and for the purpose of such lien, are deemed to have
jiossession of such goods, wares, and merchandise, so landed, until such
charges for wharfage and tolls are paid. The commissioners shall have power
to make reasonable rules and regulations concerning the control and manage-
ment of the property of the state, which is intrusted to them by virtue of
this article, and said commissioners are hereby authorized and required to make
without delay, and from time to time, and publish not less than thirty days,
in a daily newspajDcr of general circulation, published in the city and county
of San Francisco, all needful rules and regulations, not inconsistent with the
laws of the state or of the United States, in relation to the moving and anchor-
ing of vessels in said harbor, providing and maintaining free, open and unob-
structed passage-ways for steam ferry-boats and other steamers navigating the
waters of the bay of San Francisco and the fresh-water tributaries of said bay,
so that such steamers can conveniently make their trips without impediment
from vessels at anchor or other obstacles. And said commissioners may also
make all needful rules and regulations governing the removal of such vessels
from the wharves and other landings, and from slips and docks, as are not
engaged in receiving or discharging cargo, prescribing the time duriug which
goods, wares, and merchandise, landed upon any wharf, pier, quay, landing or
thoroughfare, shall be permitted to remain thereon, and may divide the same
into several classes, and may, by such rules and regulations, provide that in
case any such goods, wares, or merchandise remain upon any wharf, pier, quay,
landing, or thoroughfare beyond the term so prescribed, the respective wharf-
inger may, under the order of the commissioners, remove and deposit the same
in a suitable i^lace, at the charge, risk, and expense of the owner thereof.
When any goods, wares, or merchandise shall have remained upon any wharf,
pier, quay, landing, or thoroughfare, more than twenty-four hours, the commis-
sioners may, in their discretion, charge such additional rates for each subse-
quent day as in their opinion is just and equitable. The commissioners may,
in their discretion, set apart and assign for the exclusive use of the water craft
used by the officers of the federal government such convenient and safe landings
as such officers may require, together with suitable premises near such landings
as may be set apart and assigned for their use, upon which premises such
officers may cause to be erected offices and store-houses to suit their conve-
nience, and the commissioners shall charge a reasonable compensation per
month for the use of such landings and office and store-house premises; set
apart and assign a suitable and proper locality for the use of the harbor police
of the city and county of San Francisco; and also a suitable place for a boat-
house station for the exclusive use of the quarantine and health officers of said
city and county, without compensation; set apart and assign for the exclusive

317

2524 POLITICAL CODE.

use of steam ferry-boats suitable slips, in which such structures may be erected
as will secm*e the safe and convenient landing of passengers, and safe landing
and deliveiT of freight; set apart and assign suitable wharves, berths or land-
ings for the exclusive use of sea-going steamers, to construct suitable sheds,
gates, and other temporary structures as may be necessaiy for the safe and
convenient lauding of passengers, and safe landing and delivery of freight; and
set apart and assign for the sole and exclusive use of the fishermen of the city
and county of San Francisco such place or places as the said commissioners
shall deem proper, sufficient, and adapted for the requirements and necessities
of said fishermen; provided, the premises so set apart by said commissioners
shall be used onlj- for the legitimate business of said fishermen, and for no
other purpose ; and provided, said commissioners shall not charge therefor
more than the following rates: for boats over twenty-two feet and under forty
feet long, one dollar per week; for boats from sixteen to twenty-two feet long,
seventy-five cents per week, and for all boats less than sixteen feet long, twenty-
five cents per week. The commissioners may assign suitable places for the
landing of horses, cattle, sheep, and swine, and when such places have been
assigned it shall be a misdemeanor for a commander of any water cfait to land
any greater number than ten at any one time from any water craft at any other
place. The commissioners may set apart for the uses and purposes of dry
docks and marine railways, such portions of the water front northwesterly of
the northerly end of Kearny street, and southerly of the easterly end of Solano
street, as the wants of commerce may require, and lease the same for a period
not to exceed ten years. "When the commissioners lease premises for marine
railways and dry dock purposes, as provided in this section, they shall advertise
for sealed proposals, for a period of not less than ten nor more than twenty
days, in one of the daily newspapers of the largest circulation, printed in the
city and county of San Francisco, which advertisement shall contain a descrip-
tion of the premises to be leased. On the day named in the advertisement, the
commissioners shall open the bids in the presence of such of the bidders as are
present, and award the premises to be leased to the highest responsible bidder
that shall furnish sufficient sureties to guarantee the payment of the rent, and
may negotiate for and accept and cancel any lease of any portion of the prem-
ises described in this article, and pay a reasonable compensation for any
structures upon any such leased premises as in the opinion of the board and
engineer may be useful for such commercial purposes as this article is intended
to promote. No person or companj'^ shall, without the consent of the board of
state harbor commissioners, land or remove any goods, wares, or merchandise,
or other thing, upon or from any wharf, pier, quay, landing, or thoroughfare,
situate upoii the premises described in this article, unless authorized to do so by
virtue of valid lease ; nor shall any person collect dockage, wharfage, cranage,
rent, or toll, within the boundaries of the premises described in this article, ex-
cept by virtue of valid leases, without first obtaining permission to do so from said
commissioners ; nor shall an}' person or company' place or cause to be placed
any obsti'uctious in that portion of the bay of San Francisco, described in this
article, nor upon any Avharf, pier, quay, landing, or thoroughfare, without the
consent of the board. "Whenever any wharf, pier, quay, landing, or thorough-
fare, in the harbor of San Francisco, shall be incumbered, or their free use
interfered with, by goods, Avares, merchandise, or other substance, whether loose
or built upon, or fixed to any such wharf, pier, quay, lauding, or thorough-
fare, it shall be the duty of the commissioners to notify, in writing (which
notice may be sei'ved by a wharfinger or by the secretar}- or assistant seci*etary
of the board), the owner, agent, occupant, or person, placing or keeping such
obstructions thereon, to remove the same within twenty-four hours after the

318

PUBLIC WAYS. 2524-2526

serving of such notice, and in case of failure to comply with such notice, and
remove such obstructions, the owuer, agent, occupant, or person, so notified,
shall be liable to pay the commissionei's the sum of twenty -five dollars for each
and every day during which such obstruction shall remain upon any such wharf,
pier, quay, landing, or thoroughfare; and the commissioners shall have power,
in their discretion, to remove any such incumbering substance, and store the
same in any suitable, convenient, and safe place, and a sum equal to the
amount of the expenses of the removal, together with all other necessary
charges, shall be paid by the owner of such incumbering substance to the com-
missioners, and such sum and necessary charges shall be a lien on such sub-
stance until paid. The rates of dockage, wharfage, and tolls, shall not exceed
those established by the board of state harbor commissioners July first, eighteen
hundred and seventy-four, and dockage shall not be collected on au}^ vessel
lying at anchor outside of dock, wharf, or slip. [Ainendment, approved February
28, 1876; Amendments 1^1 b-Q, 32; took effect from pamage!-''^

2525. Extension of streets along the icater front.

Sec. 2525. The board of state harbor commissioners are authorized to extend
any of the streets lying along the water front of said city and county, to a
width not exceeding one hundred and fifty feet, where they have not been
already so extended. The outer half of such streets must be constructed or
built and maintained in good repair by the state harbor commissioners, or
parties holding under them, and may be used as a landing-place or pier, on
which dockage, wharfage, and tolls may be collected; and until such extensions
are made, the commissioners may have and use as a landing-place, with full
power to collect dockage, wharfage, and tolls thereon, so much of the streets
now fronting upon the water front as may be used for such purpose without
obstructing the same as a thoroughfare. The inner half of such streets shall
be constructed and maintained in good repair by the owners of the lots abut-
ting thereon and the city and county of San Francisco. The commissioners
are authorized to construct across the outer half of said streets an extension of
the sewers of the said city and county; if it be necessary to take any land for
the purpose of widening any such street, the commissioners are hereby author-
ized to institute and prosecute to final determination proceedings therefor in
conformity with the provisions of Part III, Title VII of the Code of Civil
Procedure, and to pay such compensation as may be assessed for such land
taken. "When it becomes necessary for the commissioners to construct any
wharves on the line of the water front they are authorized to adopt and pay for
any structures which would form j^art of such wharves and which have been
constructed along such line by private parties prior to the passage of this act.
[Amendment, apjproved April 3, 1876; Amendments 1875-6,51; took effect from
passage}'^''

2526. Limit of money to he collected.

Sec. 2526. No greater amount of money shall, in the main, ever be collected
by the collection of dockage, wharfage, tolls, rents, and cranage, than shall
be necessary to construct and keep in repair such number of wharves, piers,
landings, and thoroughfares, construct sheds, dredge such number of slips and
docks, construct a sea-wall and harbor embankment, and pay incidental
expenses allowed to be paid by this article. [Amendment, approved February
28, 1876; Amendments 1875-6, 32; took effect from passage. ^'^

(a) See remarks at head of Article IX, ante, 2520. -widening of East street The amendment in the text

(b) This section was previously amended by act of enlarged the provisions for widening so as to embrace
February 2.S, 1876; Amendments 1875-G, 32, at the same any of the streets on the water front.

time with the other sections of the entire article. The See also remarks ut head of Article IX, ante, 2520.
amendment of February 28, provided only for the (c) See remarks at head of Article IX, ante, 2o20.

319

2527-2531 POLITICAL CODE.

2527. Contracts.

Sec. 2527. No contract or oliligation entered into by the harbor commis-
sioners, which creates a liability or authorizes the payment of money, shall be
valid or of binding force, unless signed by all three of the commissioners, and
countersigned by the secretary of the board; and no obligation or contract of
any kind, incumng the expenditure of money, shall be entered into by the
commissioners, unless there is money in the state treasury to the credit of the
San Francisco harbor improvement fund sutEcient to pay the same. [Amend-
ment, approved February 1^, 187G; Amendments 1875-6, 32; took effect from pas-
sage }^^

2528. Dit^position of moneys collected.

Sec. 2528. All moneys collected by virtue of this article shall be paid by the
commissioners into the state treasurj^ to the credit of the San Francisco harbor
improvement fund, at least as often as once in each month, in like currency as
received, excepting so much thereof as may be necessary to -paj the salaries of
the commissioners, secretary-, assistant secretary, engineers, attorney-at-law,
wharfingers, toll-collectors, office rent, cost of office furniture, books, stationery',
lights, fuel, legal and other incidental expenses, and three thousand dollars per
month for urgent repairs; which last-mentioned sum the commissioners are
hereby authorized to expend monthly in making rejmirs of wharves, piers,
landings, thoroughfares, and other stmctures required by urgent necessity,
without advertising for sealed proposals therefor. And said commissioners are
authorized to remit such moneys to the state treasiirer by exj^ress. [Amend-
inott, approved February 28, 187G; Amendments 1875-6, 32; took effect from
passage.^''^

2529. Vouchers, drafts, and xcarrants.

Sec. 2529. The commissioners shall take vouchers for all sums of money by
them expended under the authority of this article, excepting fifty dollars per
month for postage-stamps, express, and other incidental expenses, and safely
keep the same on file in the office of the board. For all sums of money paid
by the commissioners, excepting those mentioned in section 2528, drafts shall
be drawn by them on the controller of state, countersigned by the secretary of
the board, and the controller of state shall draw his warrant on the state treas-
urer, Avho shall pay the same out of any money in said treasury credited to the
San Francisco harbor improvement fund. No warrant shall be drawn b}' the
controller upon the treasurer of the state, as provided in this section, unless
the order bears the signatures of all three commissioners, and of the secretary
of tlie board. [Amendment, app)roved February 28, 1876; Amendments 1875-6,
3 2 ; loijk rjj eat from passage. ' "'

2530. lirports and receipts.

Sec. 2530. On the payment into the state treasury of any sum of money, as
provided in this article, the state treasvxrer and state harbor commissioners
shall report to the state controller the amount so paid; and the state treasurer
shall give to the commissioners a receipt for all sums so paid. The commis-
sioners sliall I'cpoit to said state controller the amount of money paid into said
treasury by them during each month, and shall also report to said controller
the amount received and disbursed by the board every three months, and
durijig the period for which such report is made. [Amendment, approved Feb-
ruary 28, 1876; Amendments 1875-6, 32; took effect from passage.'-''^

2531. Ex officio mend)ers of board.

Sec. 2531. The governor of the state and the mayor of the city and county
of San Francisco are hereby made ex officio additional members of the board

(a) See remarks at head of Article IX, ante, 2520.

320

PUBLIC WAYS. 2531-2535

of state harbor commissioners, for the special purposes herein mentioned, and
shall take j)art in the action of the board as hereinafter provided. \Amend-
vient, approved February 28, 187G; Amendments 1875-G, 32; took effect from

2532. Neio sea xoall for San Francisco harbor.

Sec. 2532. The board of state harbor commissioners are hereby authoi-ized
and empowered and directed within six months from and after the passage of
this act to employ two consulting civil engineers, to act in concert with the
engineers of the board, to make a survey, select and locate a new line for a
harbor embankment or sea-wall, and make a report of their doings to said
commissioners, who shall, after receiving the same, appoint a time for holding
at the office of the board a special meeting of the board, to consider the ques-
tion of the adoption or rejection of the same. The board shall, at least ten
days previous to said meeting, notify the governor of the state and the mayor
of the city and county of San Francisco of the time, place, and object of said
meeting of said board, and shall request them to be present and take part in
the consideration of the question; and at said meeting, or any adjourned meet-
ing thereof, the governor and mayor shall be deemed additional members of
said board, with like powers and rights as the other members thereof. If they
ai'e not present at the meeting, the board shall adjourn to a daj' certain, and
notify them anew as before; and if either be present at the adjourned meeting,
with three commissioners, action may be had, and an affirmative vote of all
four present shall determine the question; any less vote shall be a negative
vote. But the board may order new surveys and locations, which may be
adopted or rejected in like manner as before. If the vote is in the affirmative,
the line adopted shall be thenceforth the line of the harbor embanlanent and
sea-wall of the port of San Francisco. [Amendment, approved February 28,
1876; Amendments 1875-6, 32; took effect from passage}"^

2533. San Francisco harbor improvement fund.

Sec. 2533. On and after the passage of this act the treasurer of the state
shall keep the money remitted to him by the board of state harbor commis-
sioners, to the credit of a fund to be known as the San Francisco harbor im-
provement fund; all moneys in the state treasury to the credit of the state
wharf and dock fund shall be transferred by the state treasurer to the San
Francisco harbor improvement fund, and the state wharf and dock fvind
account shall be closed, and the state treasurer shall notify the board of such
transfer, after which all drafts drawn by the board shall be paid by the treasurer
out of the San Francisco harbor improvement fund. [Amendment, approved
February 28, 1876; Amendments 1875-6, 32; took effect from passage.'^^^

2534. Limit of compensation for collecting dockage, etc.

Sec. 2534. No greater sum than two hundred dollars per month shall be
paid, on an average, for the collecting of dockage, wharfage and tolls on any
wharf and the bulkhead adjacent thereto, and for the cleaning of the same,
excepting at the bulkheads between Market and Mission, and Howard street
wharves, at which bulkheads one hundred dollars per month may be j^aid until
wharves have been constructed between said wharves. [Amendment, app>roved
February 28, 1876; Amendments 1875-6, 32; took effect from passage.^"^

2535. Duties of state treasurer — Accounts and books.

Sec. 2535. The state treasurer shall receive all moneys paid by the state harbor
commissioners, and keep the same in a separate fund, to be known as the San
Francisco harbor improvement fund, and pay out the same as provided for in this
article, and shall keep an accurate account of all moneys received by him and j)aid

(a) See remarks at head of Article IX, ante, 2520.

21 321

2535-2536 POLITICAL CODE.

out under the authority of this article, in books kept solelr for that purpose; which
said books shall be open at all times to the inspection of the governor and con-
troller of state, and of any committee appointed by the legislature, or by either
branch thereof . [Ameridment, approved February 28, 1876; Amendments 1875-6,
32; tojk effect from passage}^''
2536. Proposals and contracts for construction of neiu sea-wall.

Sec. 2536. "When the commissioners shall determine to commence the con-
struction of a continuation of the harbor embankment or sea-wall, they must
advertise for sealed proposals, for a period of not less than sixty days, in not
less than two of the daily newspapers published in the city and county of San
Francisco. The advertisement must contain a full and accurate description of
the work to be performed, the material to be used, and the place where to be
used. On a day named in the advertisement, the commissioners must open the
bids in the presence of such bidders as are present, and award the contract to
the lowest bidder, who shall furnish a bond, with two or more responsible sure-
ties, to be approved by the commissioners, which approval shall be by writing,
indorsed upon said bond, conditioned for the due performance of the contract.
If, in the opinion of the commissioners, the bids are too high, they shall reject
them and advertise anew in like manner as before. And if, in the opinion of
the commissioners, the second bids are also too high, they shall reject them,
likewise, and may enter into a contract with responsible parties without giving
further notice. The parties entering into a private contract with the commis-
sioners must give a bond, with two or more responsible persons as sureties, to
be approved by the commissioners, which approval shall be by writing, indorsed
upon said bond, conditioned for the faithful performance of the contract. But
the consideration agreed to be i)aid in any contract entered into without giving
public notice must be five per cent, lower than the lowest responsible bid re-
jected. The work to be performed under any one contract shall not exceed one
thousand lineal feet of harbor embankment or sea-wall. But the commissioners
may enter into as many contracts at the same time as they may deem the public
good shall require, provided the sum total of the sums agreed to be paid shall
not exceed the amount of money to the credit of the San Francisco harbor
improvement fund in said treasury, not required to pay for the erection of the
necessary wharves and the repairing of whaiwes and other wooden structures
upon the city front, the dredging of slips and docks, and incidental expenses.
Separate contracts may be entered into for the dredging of a channel for the
reception of the rock required for the constiniction of a harbor embankment;
provided, that the advertising for sealed proposals, the receiring and opening
of bids, and the awarding of contracts required in this section, shall be com-
plied with in the letting of such work in separate contracts. The commissioners
may, if in their opiuion it will be more economical, dredge with the dredge be-
longing to the state, the channel necessary for the reception of the stone used
in the construction of the harbor embankment or sea-wall, provided they adver-
tise for the stone work of the embankment or sea-wall as above set forth. No
contractor who enters into a contract to construct any portion of said harbor
embankment or sea-wall, shall be required to commence the work in less than
thirty days after the awarding of the contract. The board shall, at least ten
days previous to the holding of any meeting as provided in this section, notify
the governor of the state and mayor of the city and county of San Francisco,
of the time, place, and object of the meeting, and request them to be pres-
ent and take part therein; and at said meetings the governor of the state
and said mayor shall be deemed additional members of said board, with like

(a) S«e remarks at head of Article IX, ante, 2520.

322

PUBLIC WAYS. 2536-2539

powers and rights as the other members thereof; and no contract shall be
entered into under the authority of this article, without the consent of either
the said governor or said mayor. Neither of the commissioners, nor their
appointees, shall be interested in anj- contract for the erection or repairing of
any work upon the premises described in this article. Any commissioner or
ajopointee who shall be so interested is guilty of a felony. Every proposal shall
be accompanied by a certified check for an amount equal to five per cent, of the
amount of such proposal, such check to be made payable to the order of the
secretary of said board, conditioned if the proposal [is] accepted and the con-
tract awarded, and if the bidder shall fail or neglect to execute the contract and
give the bond required '^\ithin six days after the award is made, in that case said
sum mentioned in said check shall be paid into the state treasury by said secre-
tary, liquidated damages for such failure and neglect as a portion of San Fran-
cisco harbor improvement fund. [Amendment, approved February 28, 1876;
Amendments 1875-6, 32; took effect f rom j^assage.'-'"

2537. Report of commissioners.

Sec. 2537. The commissioners shall, on or before the first day of November,
A. D. eighteen hundred and seventy-seven, and every two years thereafter, make
to the governor a full report of all moneys by them received and disbursed,
stating, specifically, for what the same was received and for what purpose ex-
pended, and shall give a concise account of all improvements made, and the
general condition of the jJi'operty under their charge. [Amendment, approved
February 28, 1876; Amendmeids 1875-6, 32; took effect from ])assage}'^^

2538. 3Iaps of changes in lines of water front or streets.

Sec. 2538. In case the lines of the water front of the city and county of San
Francisco, or the lines of any of the streets of said city and county ending at
said water line, shall be changed by authority of this article, the commission-
ers shall cause to be made two accurate maps of sruwey, showing such change,
which maps shall be dated, certified, and signed by the engineer of the board
and commissioners, and one filed in the office of the recorder of said city and
county, and the other in the ofiSce of the board. After being so filed, they
shall be considered and treated as official maps by all the coiu'ts of record in
the state. [Amendment, approved February 28, 1876 ; Amendments 1875-6, 32;
took effect from passage.'-''^

2539. Office and duties of chief ivharfnger.

Sec. 2539. The chief wharfinger shall keep an office in some convenient place
upon the city front, between Market and Pacific streets, which shall be kept
open every day (Sundays and holidays excepted), from seven a. m. till six p. m.
The commissioners shall furnish a suitable building for an office, for the exclu-
sive use of said chief wharfinger and assistant chief Avharfinger, with suitable
office furniture. It shall be the duty of the chief wharfinger to execute and
enforce the rules and regulations which may be established by said board of
state harbor commissioners pursuant to the provisions of tliis article. And it
shall be the duty of all pilots, masters of tug-boats, masters, owners, and con-
signees of vessels, to obey all lawful orders and directions of the chief wharf-
inger in relation to the stationing, anchoring, and remoA'ing of vessels under
and pursuant to such rules and regulations. The chief wharfinger is empow-
ered to determine cases of collision by consent of all j^arties interested, and
where damages do not exceed three hundred dollars the decision is final.
[Amendment, approved February 2S, 1876; Amendments 1875-6,32; took effect
from passage.'-"''

(a) See remaris at head of Article IX, ante, 2520.

323

2o40-2543 POLITICAL CODE.

2540. Duties of chief wharfinger as to abandoned xoater craft and boats adrift.
Sec. 2540. In addition to the duties required to be i^erformed by the chief

wharfinger by any section in this article preceding this section, he shall take in
charge all abandoned water craft and all boats jncked ujd adrift, and secure the
same, after which he shall advertise, for one week, in one of the daily newspa-
pers printed in the city and county of San Francisco, giving the full particu-
lars i)ertaining to the same, and request all i^arties interested to appear and es-
tablish their title or claim thereto, within twenty days from the last publica-
tion. If claimed within said period, such property shall be delivered to the
owner on payment of all costs of removing, securing, and advertising the same.
If not claimed within said period, or if the owner fails to pay the charges, such
jiroperty shall be sold by the chief w^hai-finger, to the highest bidder, at public
auction, and the proceeds, less the costs, shall be joaid the ow^ner, if claimed by
him, or, if not claimed by the owner, shall be paid to the board of state har-
bor commissioners ; but the owner shall be entitled to receive from said board
the amount so j)aid, if he shall claim the same within one year from the date of
said payment. For the purposes of .this section the harbor of San Francisco
shall be the tide-waters of the city and county of San Francisco, and the ju-
risdiction of the chief wharfinger shall, when performing the duties required by
this section, be coextensive with such tide-waters. [Amendment, ajypruved Feb-
ruary 28, 1876 ; Amendments 1875-6, 32; took effect from passage}^^

2541. Refusal to obey lawful orders of chief loharfinger.

Sec. 2541. If any master, agent, or owner of any water craft, shall refuse or neg-
lect to obey the lawful orders or directions of the chief wharfinger in any mat-
ter pertaining to the regulations of said harbor, or the removal or stationing of
any water craft, such master, agent, or owner, so refusing or neglecting, is
guilty of a misdemeanor, and upon conviction thereof before any court of com-
petent jurisdiction shall be punished by a fine not to exceed three hundred dol-
lars, or by imprisonment not to exceed one hundred days in the jail of the cdty
and county of San Francisco. [Amendment, approved February 28, 1876 ;
Amendments 1875-6, 32; took effect from jxissage.^"''

2542. Obstructions to navigation.

Sec. 2542. All persons are forbidden to deposit, or cause to be deposited, in
the waters of the harbor of San Francisco, as described in the preceding sec-
tions, any substance that will sink and form an obstruction to navigation, with-
out first obtaining permission in w^riting of the board of state harbor commis-
sioners, which permission shall describe, with an ordinary degree of certainty,
the place were such de^DOsit may be made, and the secretary of the board shall
record such pennission. Any person violating the jirohibition contained in this
section is guilty of a misdemeanor, and upon conviction thereof before a court
of competent jurisdiction, shall be fined not less than one hundred or more
than five hundred dollars, or impiisoned in the jail of the city and county of
San Francisco not less than thirty nor more than ninety days ; provided, that
nothing herein sliall be construed to jorevent or interfere with the constniction
of works now in progress in connection with the Oakland harbor. [Amend-
ment, approved February 28, 1876; Amendments 1875-6, 32; took effect f-iwi pas-
sage.'"'

2543. Speed of horses and rdiicles on vJiarves.

Sec. 2543. It shall not be lawful for any person to drive a horse, or mule or
any vehicle drawn by ojie or more horses or mules, used in the removal of mer-
chandise upon any wharf, pier, quay, landing or thoroughfare, faster than a

[a) See remarks at hcail of Article IX, an!e,2o20.

324

PUBLIC WAYS. 2543-2551

walk. Any person violating" the prohibition in this section contained is guilty
of a misdemeanor, and upon conviction thereof in any coux-t of competent juris-
diction, shall be fined not less than twenty dollars, or imprisoned in the county
jail of the city and county of San Francisco not less than ten days. [Ainend-
ment, approved February 28, 187G ; Amendments 1875-0,32; took effect from
passage.'-^^

2544. Jurisdiction of police judge's court.

Sec. 2544. The police judge's court of the city and county of San Francisco
shall have jurisdiction to try all cases of misdemeanor arising under this article.
[Amendment, approved Febr'uartj 28, 1876; Amendments 1875-6, 32; took effect
from passage.'-"''

2545. Qualifications of officers.

Sec 2545. No person shall be appointed to any office by authority of this
article who is not a qualified elector of the state; and no person shall be eligible
to any ofiice by virtue of this article who is interested in any class of water craft
sailing into and out of the bay of San Francisco, as owner, mortgagee or con-
signee. [Amendment, approved February 28, 187G; Amendments 1875-6, 32; took
effect from passage.'-'^''

2546. Official bonds.

Sec. 2546. All official bonds required to be given by authority' of this article
shall be to the people of the State of California. [Amendment, ajoproved Feb-
ruary 28, 1876; Amendments 1875-6, 32; took effect from passu ge.'^"''

2547. Seal.

Sec. 2547. The board of state harbor commissioners shall procure and adopt
a seal. [Amendment, approved February 28, 1876; Amendments 1875-6, 32; took
effect from passage.'-"^

2548. When no tolls or wharfage to be collected.

Sec 2548. No tolls or wharfage shall be collected from travelers going on
board or leaving any steamer or ferry, or upon their carriages or baggage, nor
for empty packages returned to the wharf or any vessel, or for domestic sujiplies
for j^rivate individuals intended for consumi^tion and not for sale, weighing less
than one hundred pounds. [Amendment, ajjproved February 28, 1876; Amend-
ments 1875-6, 32; took effect from passage. ^^'>

2549. Collections to be in gold and silver coin.

Sec 2549. The revenue collected and disbursed by authority of this article
shall be gold and silver coin of the United States. [Amendme^it, approved Feb-
ruary 28, 1876; Amendments 1875-6, 32; took effect from passage.'-'-^

2550. Wharfingers and collectors to be special policemen.

Sec 2550. It is hereby made the duty of the board of police commissioners of
the city and county of San Francisco to appoint such number of wharfingers
and toll collectors special policemen as such commissioners shall request in
writing, such police commissioners to appoint, and also shall furnish such
special jDolicemen the usual badge of office, which shall be paid for hj the com-
missioners; such appointments must be renewed once in each year. The juris-
diction of such special policemen shall be coextensive with the premises
described in this article, and their terms of office as such wharfingers and toll
collectors. [Amendment, approved February 28, 1876; Amendments 1875-6, 32;
took effect from ■passage.'-^''

2551. Amendments not to impair pending actions, etc.

Sec 2551, Nothing in this article shall be taken or deemed to affect any action

(a) See remarks at head of .\rtiele IX, ante, 2520.

325 /

2551-2554 POLITICAL CODE.

or suit now peudiug, or any rij^lit of action accrued, or any contract or obliga-
tion existing under the provisions of the statutes hereby amended; but such
suits or actions may be prosecuted in the name in Avhich they have been insti-
tuted, and such rights of action, contract or obligation shall remain unimpaired,
and may be j^roseeuted and enforced in all respects the same as if this amend-
ment had not been made. [Ainencbnent, approved February 28, 1876; Amend-
ments 1875-G, 82; took effect from jMssage}^''

2552. Salaries.

Sec. 2552. The salary of each commissioner, excej^t the governor and mayor,
is two hundred and fifty dollars jjer month; the salary^ of the attorney-at-law
and the secretary, is two hundred dollars per month each; the salary of the
chief wharfinger is two hundred and fifty dollars j^er month; the salary of the
chief engineer is two hundred and fifty dollars per month; the salary of
the assistant secretary and assistant chief wharfinger is one hundred and fifty
dollars per month each; the salary of the wharfingers is one hundred dollars
per mouth each; and the salaiy of the toll collectors is eighty dollars jDcr month
each; all of which salaries shall be payable monthly; provided, that no ex officio
officer or consulting engineers shall receive any compensation exce2)t traveling
and other incidental expenses. [Amendment, approved February 28, 1876;
Amendments 1875-6, 32; took effect from passage. '•^^

2553. Duties of attorney-general.

Sec. 2553. The attorney-general of the state must give such legal advice and
render such legal services as ma}' from time to time be required of him by the
commissioners, in connection with their duties, without further compensation.
[Amendment, approved February 28, 1876; Amendments 1875-6, 32; took eff^ect
from passage.'-^^

2554. [Sec 2554'"^ was repealed by act of Februaiy 28, 1876; Amendments
1875-6, 32; took effect from jiassage.]

All Act to authorize the board of state harbor commissioners to set apart a portion of the
water front of the city and county of San Francisco for certain purposes.

Approved March 30, 1872; 1871-2, 728.

Portion of water front of San Francisco for use offsliermen.

Section 1. The board of state harbor commissioners are hereby authorized
and empowered to set apart, for the exclusive use and benefit of the fishermen
of tlie city and county of San Francisco, such portion of the water front of said
city and county of San Francisco as said board of state harbor commissioners
shall deem proper and adapted and sufficient for the requirements and neces-
sities of said fishermen; provided, that said portion of the water front of said
city and county of San Francisco to be set apart by said board of state harbor
connuiH.sioners shall be used only for the legitimate jjui^ioses and business of
said fishermen, and no other.

Fiatrs of wharfage.

Sec 2. The board of state harbor commissioners shall charge and collect for
every fishing boat in the bay and harbor of San Francisco taking advantage of
the provisions of this act such rent or wharfage as they shall deem just and
proper; provided, they shall not charge more than the following rates, to wit:
for boats thirty-two (32) fret long or over, one dollar per week; for boats
twenty-two feet long and under thirty -two feet, seventy -five cents per week; for
smaller boats, fifty cents per week.

(a) See remarkB at head of Article IX, ante, 2520. ofBce rooms with a fire-pmof vault for its use at a rent

(h) The repealed nection provided that tlio board uot to exceed $loO per month,
might procure and leube on behalf of the state suitable

326

PUBLIC WAYS. 2554

Collecting officer.

Sec. 3. The board of state harbor commissioners are hereby authorized and
empowered to emjDloy some suitable person to collect the revenue provided in
the foregoing section of this act, and pay a proper compensation therefor, not
exceeding one hundred dollars per month; and the person so employed shall
be required to iile a satisfactoiy bond with the commissioners sufficient to cover
any amount of revenue which may at any time remain in the hands of such
collector. They shall further require the person so appointed as aforesaid to
keej) a correct account of all moneys by him collected.

Use of moneys collected.

Sec. 4. All monej-s collected under this act, after deducting the salary pro-
vided to be paid to the collector mentioned in the preceding section of this act,
shall be paid in to the board of state harbor commissioners, and disposed of in
like manner as other moneys collected by the said board of state harbor com-
missioners.

Fishing boats mooring elsewhere.

Sec. 5. The owner or owners of any fishing boat which shall be moored to
any portion of the w^ater front of the city and county of San Francisco, except
such as shall have been set apart for that purpose by the board of state harbor
commissioners under the provisions of this act, shall be deemed guilty of a
misdemeanor and fined in a sum not less than five dollars nor more than fifty
dollars.

Sec. 6. This act shall take effect immediately.

An Act authorizing and directing the board of state harbor commissioners to reduce or
abolish the rate of dockage, wharfage and tolls.

Approved March 30, 1872; 1871-2, 797.

Reduction of rates of dockage, wharfage and tolls.

Section 1. The board of state harbor commissioners are hereby authorized
and directed to reduce the rates of dockage, wharfage and tolls, or to abolish
the same, or any of them, and shall, on or before the first day of March a. d.
eighteen hundred and seventy-two, reduce the same, so that the rates thereafter
to be charged and collected shall not exceed fifty per cent, of the rates charged
at the date of the passage of this act.

Reduction on leases.

Sec. 2. Whenever the board reduces the rates of dockage, wharfage or tolls
below the present rates, they may make a proportionate reduction on th*e
monthly payments on all leases of the water front leased by said board.

Sec. 3. This act shall take efi'ect from and after its passage.

An Act to authorize the board of state harbor commissioners to make repairs upon private

wharves in their possession.

Approved March 26, 1874; 187^-4, 663.

Maintenance of wharves.

Section 1, The board of state harbor commissioners are hereby. authorized and
empowered, in their discretion, to repair and maintain any wharf or whai-ves in
their possession or under their control, notwithstanding such wharf or whai-ves
may belong to private parties, and to pay the expenses thereof in the same
manner as is now provided for the repairs or maintenance of the w^harves of
the state; provided, however, that such authority to repair and maintain pri-
vate wharves shall terminate with the termination of the possession or control
of the same on the jjart of said board.

Sec. 2. This act shall take efi'ect immediately after its passage.

327

2554 POLITICAL CODE.

All Act to authorize the board of state harbor commissiouers to adjust and pay cert^tiu

claims.

Approved March 20, 1874; 1873^, GG4.

[This act proviJccT for the payment of so much or all of certain claims that
mii^ht be found ecjuitably due, not exceeding ^25,000 in all.]

An Act coucerniug the state harbor commissioners, and for other purposes.

Approved March 30, 1874; 1873-t. 910.

Harbor of San Francisco.

Section 1. The harbor of San Francisco is hereby placed under the control
of the board of state harbor commissioners, and they are authorized to regulate
the position of ships, their moorings and anchorage, and generally to make
niles and regulations concerning them, with power to enforce the same as fully
as that formerly used and exercised by the harbormaster of the city and county
of San Francisco.

Routes of ferry boats.

Sec 2. The commissioners shall keep the routes of the ferry boats, passing
in and out of said harbor, free and open at all times, so that ferry boats can
conveniently make their trips without impediment on the part of vessels at
anchor, or other obstacles.

Harboi'master.

Sec. 3. The present harbormaster of the city and county of San Francisco shall
continue in office as sucli until the end of the terjn for which he was elected, '
and draw the salary allow'ed him by law. He shall, during such term, perform
such sen-ices in and about the management and regulation of said harbor, as
the commissioners may require of him. At the end of said term said office
shall become extinct, and all laws requiring the election of such an officer shall
be deemed to be repealed and abolished, alid thereafter all harbor regulations
and management shall be performed by the commissioners as hereinafter pro-
vided.

Duties, how performed.

Sec. 4. At the end of the term of office of the j^resent harbormaster of San
Francisco, either by lapse of time, resignation, or otherwise, the state harbor
commissioners shall rec|uire said duties to be jDerformed by the chief wharfinger,
or other executive officer of said board, as they may deem most advantageous
to the public interests, but no special office shall be created for that purpose
elone.

Sec. 5. This act shall take e£fect and be in force from and after its passage.

An Act granting further i>owers to the board of state harbor commissioutrs.
Approved March 30, 1874; 1873-4, 912.

Dredgiiuj.

Section 1. The board of state harbor commissioners arc hereby authorized
and empowered to do the dredging necessary to be done under the operations
of said department, and for tliat purpose, to build or purchase such dredgers,
barges, and other engines, macliinery, and ai)pliances as may be necessary to
do and perfoim said work, and to emplo}' all necessary men and means there-
for, and to pay for the same out of the funds in the state treasury to the credit
of said board, or any moneys arising from the revenues of the wharves and
docks under their charge.

Sec 2. This act shall take effect and be in force from and after its passage.

328

PUBLIC WAYS. 2554-25G9

An Act to transfer certain funds in the state treasury belonging to the state harbor com-
mission.

Approved April 3, 187G; 1875-6, 761.

Treasurer to tranffer funds.

Section 1. The state treasurer is hereby directed to close the accouut in his
office known as the " San Francisco harbor protection fund," and to transfer
the money to its credit to the account of " San Francisco harbor improvement
fund."

Sec. 2. This act shall take effect from and after its passage.

An Act to authorize the compromise of certain litigation concerning a portion of the water
front of the city and county of San Francisco.

Approved April 3, 1876; 1875-G, 905

[This act authorizes the governor, mayor of San Francisco and board of state
harbor commissioners to compromise and settle with claimants for the premises
l3'iBg between Jackson and Pacific streets, and outside of the water-front line
as estalilished by the beach and water lot act of March 26, 1851. The com-
promise contemplated was to accept deeds of the entire property to the state,
and pay therefor such amount as might be determined on out of the San Fran-
cisco harbor improvement fund.]

AKTICLE X.

HARBOE COMMISSIONERS FOR THE PORT OF EUREKA.

2567. Harbor commissioners for the port of Eureka.

Sec. 2567. There is a board of three commissioners, known as the " Board of
harbor commissioners of the port of Eureka. ' ' The chairman of the board of
sui^ervisors of Humboldt county, and the president of the board of trustees of
the town of Eureka, in the county of Humboldt, are ex officio members thereof,
and the third member is appointed by the governor of the state, and holds his
office for the term of two years from the date of his appointment and until his
\successor is appointed and qualified.

i568. Survey and jurisdiction of the hoard.
Sec. 2568. The board must, if the same has not been done, cause to be sur-
Byed the water front of the town of Eureka, on Humboldt baj', and the land
n'oining the town, one half of a mile to the west and one half of a mile to the
^t of the corporate limits thereof, and the waters of the bay for a distance of
mile northerly from the water front line, and make or cause to be made a
1\ of such survey, and file a copy thereof in the county recorder's office of the
^\ij; within and for these limits the board of harbor commissioners may
™^^ such rules and regulations as may be necessary and proper for the protec-
''^^^f navigation therein.
-^^^ Their duties, rules and regulations.
^2569. The board may:

1-^gulate the erection and extension of wharves and piers and prescribe the
plan^j dimensions thereof;

2- -julate the tolls, wharfage, or dockage to be charged thereon;
^- 'ulate the manner of constructing booms, and to limit their extent into
the w^ of ti^e ^^^y;

■^^ -^nibe and regulate the manner in which rafts, boats, or vessels must
lie at a^j^. ^j. j^^ moored to any wharf or pier;

^- -^^it and remove obstructions to the regular ebb and flow of the tides,
and the ipsit and escape into the waters of the bay of substances likely to
injure, \^ ^-^j^^ o^, i^^pede the navigation, or to create shoals or shallows
in or less^g depth of the waters thereof;

329

2369-2619 POLITICAL CODE.

6. Impose penalties for violation of such rules and regulations, not exceeding,
for any one violation, the sum of five hundred dollars, to be recovered by action
in the name of the board before any court of competent jurisdiction, together
with costs of suit, the net proceeds of which actions must be paid to the
treasurer of the town of Eureka for town i:»urposes.

2570. Board to impose penaltlt^.

Sec. 2570. The tpwu marshal of Eureka is the harbormaster of the port of
Eureka. He must enforce and carry into effect such rules and regulations as
the board of harbor commissioners may from time to time adopt and publish,
and must report to the board any and all violations thereof,

2571. Cumpensation and exjjenses.

Sec. 2571. The members of the board must receive the sum of four dollars
for every day actually" and necessarily employed by them in performing the
duties herein prescribed, to be paid from the treasury of the town of Eureka.
All expenses necessarily incurred by the board in the performance of their
duties, must be j)aid in the same manner and from the same fund as the mem-
bers of the board are herein provided to be paid.

2572. Fees of liarhormasier .

Sec. 2572. The fees of the harbormaster are prescribed by the board of com-
missioners, and paid monthly by the board of trustees of the town of Eureka,
upon the certificate of the board of commissioners, except such fees as may be
provided to be othei-^-ise paid by the board.

ARTICLE XL

OF SAILORS AND SAILOR BOARDING-HOUSES.

[This entire article from sections 2583 to 2G07, inclusive, relating to thf
" marine board of the j)ort of San Francisco" for licensing sailors' boarding
houses and shii)i)ing masters, was repealed by act apjoroved December 22, 187f
Amendments 1875-6, 52; took effect from passage. On account of the abolis"
ment of the board, it is deemed useless to give the repealed sections, and th
are accordingly omitted.]

CHAPTER II.

HIGHWAYS.

Abticle I. Enumeration of Highways '^^^

II. RcLKs AND Hkstbictions kespkcting theik Usk 2Q'6l

III. POWKRS AND DUI-IKS OF HiGHWAY Ol'FICKRS ^^^^

IV. Highway Taiks 2(;57

V. Pkkformance of Highway Labor and Commutation ^^^^

VI. Laying Out, Ai^tkring, and Dis(;ontinuino Roads • -''^S

YII. Erkction and Maintknanck of Bridges • 2724

VIII. Obstruction and Injury to Highways • • 2743

ARTICLE I.

ENUMERATION OF UIGHWAYS.

2618. TI7i/// are Jn'fjJncays.

Sec. 2618. Highways are roads, streets, or alleys, and bridf ^^^^ out
or erected by the public, or if laid out or erected by others, "^^*®^ or
abandoned to the public.

2619. Origin of higJiways.

Sec. 2619. Roads laid out and recorded as highways, by ord^ *^® board
of supervisors, and all roads used as such for a period of five '■'^' ^^'® liigh-

330

PUBLIC WATS. 2619-2632

ways. Whenever any corporation owning a toll bridge or a turnpike, plank,
or common wagon road is dissolved, or discontinues the road or biidge, or has
expired by limitation, the bridge or road becomes a highway.

[The foregoing section, and many subsequent ones, in relation to roads and
highways, so far as they applied to the counties of Calaveras, Santa Barbara,
San Luis Obispo, Ventura, Fresno, Kern, Tehama, Contra Costa, Marin, Lake,
Sierra, Plumas, Sacramento, Sutter, Mendocino, Marijwsa, Alameda and
Lassen, and also so far as they applied to the counties of Solano, Los Angeles,
San Joacpiin and Yuba, were amended by act approved March 30, 1874 (Amend-
ments 1873-4, IIG), which took efiect in the counties first named on the sixtieth
day after passage, and in the four counties last named on March 6, 1876. As
to the counties not named above, the original sections remain the law, as they
did also for the four counties last named, until March 6, 1876. As to the
counties named the amendments are the law. See also post, 2755. Sec. 2619
was, as aforesaid, amended so as to read as follows:]

Sec. 2619. Koads laid out and recorded as highways by order of the board of
supervisors, are highways. Whenever any corjioration owning a toll bridge or
a turnpike, j)lank, or common wagon road, is dissolved, or has expired by
limitation or non-user, the bridge or road becomes a highway. [Amendment,
approved March 30, 1874; Amendments 1873-4, 116; took effect as indicated, -^ost,
2755.

2620. Abandonment of highways.

Sec 2620. A road not worked or used for the period of five years ceases to be

a highway for any purpose whatever.

[Amended for certain counties (see ante, 2619, and post, 2755)' as follows:]
Sec. 2620. Eoads laid out as provided in section two thousand six hundred

and nineteen of this act shall not be vacated or cease to be a highway until so

ordered by the board of supervisors. [Amendment, approved March 30, 1874;

Amendments 1873-4, 116; took effect as indicated, post, 2755.

2621. Duties of clerk relative to road matters.

Sec. 2621. The clerk of the board of suj)ervisors must keep a book in which
must be recorded sej^arately all proceedings of the board relative to each road
district, including orders laying out, altering, and opening roads ; and in a sep-
arate book a description of each road district, its overseers, its roads, highways,
contracts, and all other mattei-s jjertaining thereto.

AETICLE II.

RULES AND RESTRICTIONS RESPECTING THE USE OF HIGHWAYS.

2631. The public easement.

Sec 2631. By taking or accepting land for a highway the public acquire only
the right of way and the incidents necessary to enjojdng and maintaining it,
subject to the regulations in this and the Civil Code pro\dded. All trees within
the highway, except only such as are requisite to make or repair' the road or
bridges on the same land, are for the use of the owner or occupant of the land.
[Amended for certain counties (see ante, 2619, and post, 2755) as follows :]
Sec 2631. By taking or accepting land for a highway, the public acquire only
the right of way and the incidents necessary to enjoying and maintaining it,
subject to the regulations in this and the Civil Code j)rovided. [Amendment,
approved March 30, 1874 ; Amendments 1873-4, 116 ; took effect as indicated, post
2755.

2632. Adjoining owner may construct sidewalk.

Sec 2632. Any owner or occupant of land may construct a sidewalk on the
highway along the line of his land, subject, however, to the authority conferred

331

2G32-2G17 POLITICAL CODE.

by law on the board of supei-visors and the overseers of highways ; and any
l^erson using such sidewalk with horse or team without permission of the owner
is hable to such owner or occupant in the sum of five dollars for each trespass
and for all damages suffered thereby.

2633. Jlay plant frees.

Sec. 2G33. Any owner or occupant of land adjoining a highway not less than
three rods wide may plant trees on the side contiguous to his land. They must
be set in regular rows, at a distance of at least six feet from each other and not
more than six feet from the boundary of the highway. If the highway is more
than six rods wide the row must not be less than six nor more than twelve feet
from the boundary of the highway. Whoever injures any of them is liable to
the owner or to the occupant for the damage which is thereby sustained.

2634. Gas, ivater, and railroad corporations may lay down conductors and track.
Skc. 2G3J:. Every gas, water, or railroad corporation has jDOwer to lay con-
ductors and tracks through the public ways and squares in any city, village, or
town, when it is established, with the consent of the municipal authorities
thereof, and under such reasonable regulations as the authorities and the law
prescribe.

2635. Other corporations may acquire right of way.

Sec. 2G35. The cases and manner in which railroad, plank road, turnpike,
and common wagon road corporations may acquire a right of way upon the
l^ublic highways, are jDrovided for in the subsequent chapters of this Code, in
Title VII, Part III of The Code of Civil Procedure, and under title "Cor-
porations" of The Civil Code.

[The part of the Code of Civil Procedure referred to will be found post,
11,287.]

AKTICLE III.

POWERS AND DUTIES OF BOARDS OF SUPERVISORS AND HIGHWAY OFFICERS OVER HIGHWAYS.

2645. Counties classified for highway purposes.

Sec. 2645. For highway jjurposes the counties of this state are divided into
two classes:

1. Counties having a pox^lation of ten thousand inhabitants or over are of
the first class;

2. Counties having a population of less than ten thousand are counties of
the second class.

[The foregoing section was repealed as to the counties named ante, 2G19, and
post, 2755, by act approved March 30, 1874; Amendments 1873-4, 117; took
effect as indicated post, 2755.]

2646. Commissioners of highways.

Sec. 2G4G. For all counties of the first class there must be elected at the
general election every two years some elector of the county to act as commis-
sioner of higlnvays, Avho holds his office for two years, commencing and ending
at the time and in like manner as other ministerial county officers. He must
give an official bond in the sum of twenty thousand dollars, executed as other
official bonds are executed, and take the usual oath of office. The board of
supervisors must order the election, fill vacancies, and exercise a supervisory
control over the commissioners of highways.

[Repealed as to certain counties March 30, 1874; Amendments 1873-4, 117;
took effect as indicated post, 2755.]

2647. Duties of commissioners of Jughways and boards of supervisors.

Sec 2G47. In the counties of the first class the commissioners of highways,
Bubject to rejection or modification and approval of the board of supervisors,

332

PUBLIC WAYS. . 2G47

and in counties of the second class the board of supervisors, by proper ordi-
nances, must:

1. Divide the county into a suitable and convenient number of road districts,
and appoint therefor annually, or whenever vacancies occur, overseers, with
power to remove them at pleasure;

2. Cause to be surveyed, viewed, laid ovit, recorded, opened and worked, such
highways as are necessary for public convenience, as in this chapter provided;

3. Cause to be recorded as highways such roads as have become such by usage
or abandonment to the public;

4. Abolish or abandon such as are unnecessaiy;

5. Contract, agree for, purchase or otherwise acquire the right of way over
private property for the use of public highways; and for that purpose institute,
or require the district attorney to institute, proceedings under Title VII, Part
III of The Code of Civil Pkocedure, and to pay therefor from the district road
fund of the particular district; [See post, 11,237.]

6. Let out by contract, the improvement of highways, and the construction
and repair of bridges or other adjuncts to highways, when the amount of work
to be done by contract exceeds one hundred dollars;

7. Levy a i^roperty road tax;

8. Order and direct overseers specially in regard to work to be done on par-
ticular roads in their districts;

9. Cause to be erected and maintained on the highways they may designate,
milestones or posts, and guide-j)osts, properly inscribed;

10. Cause the road tax collected each year to be apportioned to the road dis-
tricts entitled thereto, and kept by the treasurer in separate funds;

11. Audit and draw warrants on the funds of the respective road districts
when required to pay for right of way or work or improvements thereon.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec. 2647. The board of suj)ervisors of each county, by proper ordinance,
must :

1. Divide the county into a suitable and convenient number of road districts,
and appoint therefor annually, or whenever vacancies occur, overseers, uj)on
petition of a majority of property taxpayers of the road district, with power to
remove for cause;

2. Cause to be surveyed, viewed, laid out, recorded, opened and worked, such
highw^ays as are necessary for public convenience, as in this chapter provided;

8. Abolish or abandon such as are unnecessaiy;

4. Contract, agree for, purchase or otherwise acquire the right of way over
private property for the use of public highways, and for that purpose institute,
or require the district attorney to institute, proceedings under Title YII, Part
III of The Code of Civil Procedure, and to pay therefor from the district road
fund of the particular district;

5. Let out by contract the improvement of highways and the construction
and repair of bridges, or other adjuncts to highways, when the amount of work
to be done by contract exceeds three hundred dollars;

6. Levy a property road tax;

7. Order and direct overseers specially in regard to work to be done on par-
ticular roads in their districts;

8. Cause to be erected and maintained on the highways they may designate,
milestones or posts, and guide-posts, properly inscribed;

9. Cause the road tax collected each year to be apportioned to the road dis-
tricts entitled theretcr, and kept by the treasurer in separate funds;

10. Audit and draw warrants on the funds of the respective road districts,
when required to i^ay for right of way, or work or improvements thereon;

833

2647-2G50 POLITICAL CODE.

11. Furnish to eacb roacl overseer a copy of tlais chapter. [Amendmenfs
approved March 30, 1874; Amendments 1873-4, 117; took effect as indicated, post
2755.

2648. Road districts, how defined and described.

Sec. 2G48. The road districts must be carefull,y and distinctly defined and
described, .and designated by the municipal towns or townships; until such
division is made the road districts of the vaiious counties must continue as they
are at present defined. Eoad districts may be altered, changed, created or
modified by the commissioner of highways and the board of supervisors, as
occasion requires. "When such acts are done by the commissioner, they are
subject to rejection, modification and approval by the board.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec. 2G48. The road districts must be carefully and distinctly defined and
described, and designated b}' the municipal towns or townshijjs or precinct
lines; until such division is made, the road districts of the various counties
must continue as they are at present defined. Road dtstricts may be altered,
changed, created, or modified by the board of supervisors as occasion requires,
and upon petition of a majority of the land owners in any precinct or school
district, they shall constitute such precinct or school district a road district.
[Amendment, approved March 30, 1874; Amendments 1873-4, 118; took effect as
indicated, post, 2755.

2649. Overseers notified to give bond, take oath, etc.

Sec 2G49. Overseers of road districts receive notice of their appointment
from the commissioner of highways or the clerk of the board of super^'isors,
and within ten days thereafter must give the ofiicial bond required by the board
of supervisors in the order of appointment or confirmation, and take the usual
oath of office. The notice and certificate that the bond has been filed, and the
oath taken and indorsed thereon, or a certified coj^y thereof, constitutes a com-
mission, and authorizes the person named in and holding the same to discharge
the duties of overseer until superseded.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec 2649. Overseers of road districts receive notice of their appointment
from the clerk of the boax'd of supervisors, and within ten days thereafter must
give the official bond required by the board of supervisors in the order of
appointment or confirmation, and take the usual oath of office. The notice and
certificate that the bond has been filed, and the oath taken and indorsed
thereon, or a certified copy thereof, constitutes a commission, and authorizes
the person named in and holding the same to discharge the duties of overseer,
until superseded. [Amendment, approved March 30, 1874; Amendments 1873-4,
118; took effect as indicated, post, 2755.]

2650. Duties of road overseer.

Sec. 2G50. Road overseers, under the direction and supervision and pursuant
to orders of tlie commissioner of highways or the board of supervisors appoint-
ing tliem, must:

1. Take charge of the public highways within their respective districts;

2. Keep them clear from obstructions and in good repair;

3. Cause banks to be gi'aded, bridges and causeways to be made where neces-
sary, keep the same in good repair, and renew them when destroyed;

4. Give two days' notice to the inhabitants of his road district liable to do
work on roads, when, where, with what implements, and under whose direction
to work, and superintend the same;

5. Collect, from each inhabitant notified to work and who fails to work or
prefers to pay it, the commutation fee;

334

PUBLIC WAYS. 2650-2652

6. Make semi-annual reports of all labor performed in his district, and how
all road poll tax and commutation moneys were expended, to the commis-
sioner of highways or board of supervisors, under oath;

7. Receive and present petitions for new roads, recommend or disapprove
the same, and assist in laying them out;

8. Collect all road poll taxes in the mode provided for the collection of other
poll taxes, and faithfully account for and pay over the same;

9. Pay over to his successor, or into the fund of his road district in the county
treasury, all road moneys in his hands and unexpended;

10. Receive for his services, from money coming into his hands belonging to
his road district, the sum of three dollars for each day's service performed by
him, to be audited and ordered paid by the board of supervisors.

[Amended for certain counties (see ante 2619, and post 2755), as follows:]
Sec. 2G50. Road overseers, under the direction and supeiwision, and pur-
suant to orders of the board of supervisors appointing them, must:

1. Take charge of the public highways within their respective districts;

2. Keep them clear from obstructions and in good repair;

3. Cause banks to be graded, bridges and causeways to be made where neces-
sary, keep the same in good repair, and renew them when destroyed;

4. Give two days' notice to the inhabitants of his road district liable to do
work on roads, when, where, with what implements, and under whose direction
to work, and superintend the same;

5. Collect from each inhabitant notified to work, and who fails to work or
prefers to pay it, the commutation fee;

6. Make semi-annual reports of all labor joerformed in his district, and how
all road poll tax and commutation moneys were exjjended, to the board of su-
pervisors, under oath;

7. Receive and present petitions for new roads, recommend or disapprove of
the same, and assist in laying them out;

8. Collect all road poll taxes in the mode provided for the collection of other
poll taxes, and faithfully account for and pay over the same;

9. Pay over to his successor, or into the fund of his road district in the
county treasury, all road moneys in his hands and unexpended;

10. Receive for his services, from money coming into his hands belonging to
his road district, the sum of three dollars for each day's service performed by
him, not to exceed three hundred dollars per annum, to be audited and ordered
paid by the board of supervisors; provided, that each road overseer in the
county of Sierra shall receive four dollars per day for each day's service per-
formed by him. [Amendment, aijproved March 30, 1874; Amendments 1873-4,
119; took effect as indicated, post, 2755.

2651. Commissioner of highways, duties.

Sec. 2651. The commissioner of highways must attend each session of the
board of supervisors, when road matters of the county are under consideration,
and consult with and advise them of all matters pertaining to the roads of the
county; and must supervise and correct the list of inhabitants liable to road
service in each district in the county; distribute to road overseers their respec-
tive lists of assessments; see that they collect and apply the same; receive
reports from road overseers and report the same semi-annually to the board of
supervisors.

[Repealed as to certain counties March 80, 1874; Amendments 1873-4, 120;
took effect as indicated post, 2755.]

2652. Compensation of commissioner of highways.

Sec 2652. The commissioner of highways must receive a salaiy of one thou-

335

2652-2G57 POLITICAL CODE.

sand dollars per annum, to be paid quarterly by order of the board of super-
visors from the aggregate road tax collected and paid into the county treasury
for road purposes, which must be set apart for such ^^^u-pose prior to the dis-
tribution of the same among the road districts.

[Repealed as to certain counties March 30, 1874; Amendments 1873-4, 120;
took effect as indicated post, 2755. J

2653. General road fund for general road purposes.

Sec. 2G53. From the road tax collected from all sources the board of super-
visors may -annually set ajDart a sum not exceeding fifteen per cent, of the
aggregate for general county road purposes, from which they may direct such
amounts to be paid as may be found necessary for such general road purposes
in which the inhabitants of all the districts are more or less interested. The
object of the aiDproi:)riation must be specified in each order made therefor.
[Amended for certain counties (see ante 2G19, and post 2755) as follows:]
Sec 2G53. From the proj^erty road tax collected horn, all sources, the board
of sujDervisors may annually set apart a sum not exceeding twenty per cent, of
the aggregate for general county road purposes, from which they may direct
such amounts to be paid as may be found necessary for such general road
purposes, in which the inhabitants of all the districts are more or less inter-
ested. The object of the appropriation must be specified in each order made
therefor. The board shall have no j)ower to create debt on any road district
in excess of ten j)er cent, on the estimated amount of the tax receii:)ts from
said district for the next ensuing year. [Amendment, aj)proved March 30, 1874;
Amendments 1873-4, 120; took effect as indicated, post, 2755.

2654. Bonds of road district for macadamizing.

Sec. 2G54. Upon a petition signed by a majority of persons liable to pay a
road tax of any kind, and also of those owning a majority of the taxable prop-
erty in anj' road district, the board of sujoervisors, for the purpose of macad-
amizing the roads of such district (but for no other purpose), may issue bonds
of the road district not exceeding in the aggregate five per cent, of the taxable
property thereof. The bonds so issued shall bear interest at the rate of eight
per cent, per annum, payable annualh', and must be redeemed within five years
from date of issuance. The board must also levy a tax annually, not exceeding
one and one eighth of one per cent. , for the payment of interest and a part of
the principal of such bonds, until the entire amount of bonds issued are re-
deemed. The provisions of this section shall apply to any bonds heretofore
issued for the purposes therein mentioned. [New section, approved March 30,
1874; Amendments 1873-4, 38; took eject July G, 1874.

ARTICLE IV.

HIGHWAY TAXES.

2657. WJio owe a road poll tax.

Sec. 2657. Every male inhabitant of a road district over twenty-one and under
fifty years of age must perform two days' labor annually, to be known as the
road poll tax, upon the roads and highways of the district, under the demand
and direction of the road overseer thereof; or pay to such overseer a commuta-
tion fee of four dollars, or such smaller amount as may be fixed as the commu-
tation fee by the board of sujjen'isors.

[Amended for certain counties (see ante 2G10, and post 2755) as follows:]
Sec. 2G57. Eveiy male inhabitant of a road district, over twenty-one and
under fifty years of age, must perform two days' labor, annually, to be known
as the road poll tax, upon the roads and highways of the district, under the

33G

PUBLIC WAYS. 2G57-2GC0

demand and direction of the road overseer thereof, or pay to siach overseer a
commutation fee of four dollars. [Amendment, approved Mar'ch 30, 1874; Amend-
meiifs 1873-4, 120; took effect as indicated, post, 2755.

2658. Overseers to make a list of inliahitavts.

Sec. 2658. Each road overseer must, within twenty days after lieing notified
of his appointment and qualification, deliver to the clerk of the board of super-
visors, or to the commissioner of highwaj's, a list of the inhabitants of his dis-
trict liable for the road poll tax therein. This list must be laid before the
board of suj^ervisors at their first meeting held thereafter.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec. 2658. Each road overseer must, within twenty days after being- notified
of his appointment and qualification, deliver to the clerk of the board of super-
visors a list of the inhabitants of his district liable for the road poll tax therein.
This list must be laid before the board of supenasors at their first meeting held
thereafter. [Amendment , approved Ilarcli 30, 1874; Amendments 1873-4, 120;
took effect as indicated, post, 2755.

2659. Levy of road poll tax, when and how made.

Sec. 2659. The board of supervisors must each year, prior to the meeting at
which they are required to levy the property tax for county purj)Oses, estimate
the probable amount of property tax for highway purposes which may be neces-
sary for the ensuing year over and above the road poll tax, and must regulate
and fix the amount of property highway tax, and levy the same thereby; and,
at the same time, the board of sujDervisors must fix the commutation fee for the
road poll tax at an amount not exceeding four dollars.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec. 2659. The board of supervisors must, each year, prior to the meeting at
which they are required to levy the property tax for county purposes, estimate
the probable amount of property tax for highway purjooses which may be neces-
sary for the ensuing year over and above the road poll tax, and must regulate
and fix the amount of j^i'^P^i'ty highway tax, and levy the same thereby.
[Amendment, approved 3Iarch 30, 1874; Amendments 1873-4, 121; took effect as
indicated, post, 2755.

[There are special laws in various counties as to the collection of the road
poll tax, which will be found noted under the heads of the respective counties
having them.]

2660. Road poll tax receipts.

Sec. 2660. At the time of fixing the commutation fee, the board of super-
visors must provide proper blank road poll tax receipts, to be signed by the
clerk of the board; and must deliver to each road overseer, or the commissioner
of highways for such overseers, a number to each equal to the number of in-
habitants of their respective districts liable for road poll tax, take receipts there-
for, and charge the road office receiving the same therewith ; but credit must
be given to each road overseer for all unsold blank road poll tax receipts re-
turned to the clerk of the board of supervisors.

[Amended for certain counties (see ante 2619, and post 2755), as follows:]
Sec. 2660. The board of supervisors must provide proper blank road poll tax
receipts, to be signed by the clerk of the board; and must deliver to each road
overseer a number to each equal to the number of inhabitants of their resj)ective
districts liable for road poll tax, take receipt therefor, and charge the road
office receiving the same therewith; but credit must be given to each road over-
seer for all unsold blank road poll tax receipts returned to the clerk of the
board of siipervisors. [Amendment, approved March 30, 1874; Amendments
1873-4, 121; took effect as indicated, post, 2755,
22 337

2661-2664 POLITICAL CODE.

2661. Tax list made out — Tax collected and applied.

Sec. 2G61. In counties of the first class the commissioner of highways, and of
the second class the road overseers, must make out lists of the inhabitants of
the road districts liable for road j^oll tax, and require of each the performance
of the labor or the payment of the commutation fee fixed by the board of su-
pervisors, and apply such labor and commutation money in the opening, main-
tenance, and repair of the highways and adjuncts in their respective road dis-
tricts. The lists, when j^repared by the commissioner, mnst be j)laced in the
hands of the road overseers for the purposes in this section named.

[Amended for certain counties (see ante 2619, and post 2755), as follows:]
Sec. 2661. Road overseers must make out lists of the inhabitants of the road
districts liable for road poll tax, and require of each the performance of the
labor or the payment of the commutation, and apply such labor and commuta-
tion money in the opening, maintenance, and repair of the highways and ad-
juncts in their respective road districts. {Amendment, approved March 30, 1874;
Amendments 1873—4, 121; took effect as indicated, post, 2755.

2662. Overseers to add omitted and new inhabitants.

Sec. 2662. The commissioner of highways and road overseers must from time
to time add to the lists the names of persons liable for road poll tax who were
omitted or who have become inhabitants of his district since the original list
was made, and enforce the road poll tax or collect the commutation fee therefor,
and apply the same as hereinbefore provided.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec. 2662. The road overseers must, from time to time, add to the lists the
names of persons liable for road poll tax, who were omitted, or who have be-
come inhabitants of his district since the original list was made, and enforce the
the road poll tax, or collect the commutation fee therefor, and apply the same
as hereinbefore provided. [Amendment, ajyproved March 30, 1874; Amendments
1873-4, 122; took effect as indicated, post 2755.

2663. Annnal prope7ii/ road tax, hoiv levied, collected, etc.

Sec 2663. The annual property tax for road purposes must be levied by the
board of supervisors at their session when the tax is by them levied for county
purposes, and must not exceed thirty cents on each one hundred dollars in value
of taxable property. This property road tax, when levied, must be annually
assessed and collected by the same of&cers and in the same manner as other
state and county taxes are levied, assessed, and collected, and turned over to
the county treasurer for the use of the road districts from which it is respec-
tively collected.

2664. Ciiies and towns not to pay tax.

Sec 2664. The road poll and property tax herein provided for must not be
levied or collected from the inlial)itants or property of incorporated towns and
cities which by municipal authority levy such taxes for the streets and alleys
thereof. Bridges crossing the line between cities or towns and road districts,
must be constinicted by the cities or towiis and the road fund of the road dis-
tricts into which such bridges reach, projiortionally.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec 2664. Bridges crossing the line between cities or towns and road dis-
tricts, must be constructed by the cities or towns and the road fund of the road
districts into which such bridges reach, proportionally; provided, that the
board of supervisors may order the whole exjiense of constructing or repairing
said bridges out of the general road fund of the county. [Amendment, approved
March 30, 1874; Amendments 1873-4, 122; took effect as indicated, post, 2755.

338

PUBLIC WAYS. 2680-2685

AETICLE V.

PERFORMANCE OF HIGHWAY LABOR AND COMMUTATION.

2680. Persons must not work out of district.

Sec. 2G80. Road overseers must not require an individual to work out of the
district in which he resides,

2681. Employers responsible for higlnvay labor assessed to employees.

Sec. 2681. Corporations or other employers of residents in any hip^hway
district, are responsible for the road poll tax assessed against their employees,
and a notice to the employer or managing agent requiring the payment of the
road poll tax of the employee, charges such employer or corporation with such
road poll tax.

2682. Pencdty for loss of time or idleness — Substitutes.

Sec. 2682. Each person appearing must actually work eight hours each day,
to be credited to him by the overseer; for every hour unuecessaril}' lost or
idled away he must be charged two hours, to be worked out on some other day
under notice from the overseer. Any person may work by an able-bodied
substitute.

2683. Pencdty neglect.

Sec 2683. Every person receiving due notice, who does not appear and
labor or commute, is delinquent.

2684. Excuse for neglect no exemption.

Sec. 2684. The overseer's acceptance of an excuse for a neglect in no case
exempts the person excused from performing or commuting for the whole
number of days work for which he was assessed.

2685. Overseers, to ivhom and what to report.

Sec. 2685. Every overseer must make to the commissioner of highways or
board of supervisors, semi-annually, a written account, under oath, containing:

1. The names of all persons assessed to work in his district;

2. The names of all who have actually worked, and the number of days;

3. The names of all who have commuted, and the amount received from
them;

4. The names of all delinquents, and the amount collected from them;

5. A full return by items of the amount of labor and money expended at each
separate point, and the manner in which, and the time when the same was done;

6. The number of road poll tax receipts sold, and those returned unsold;

7. An accurate account of every day he himself was employed, and the nature
and items of the service rendered.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec 2685. Every overseer must make to the board of supervisors, semi-
annually, a written account, under oath, containing:

1. The names of all persons assessed to work in his district;

2. The names of all who have actually worked, and the number of days;

3. The names of all who have commuted, and the amount received from them;

4. The names of all delinquents, and the amount collected from them;

5. A full return by items of the amount of labor and money expended at each
separate point, and the manner in which, and the time when the same was done;

6. The number of road poll tax receipts sold, and those returned unsold;

7. An accurate account of every day he himself was employed, and the nature
and items of the service rendered. [Amendment, approved March 30, 1874;
Amendments 1873-4, 122; took effect as indicated, post, 2755.

339

2686-2699 POLITICAL CODE.

2686. I^cporis, by icliom and ivhal.

Sec. 2686. The commissioner of liigliwajs and tlie 'boiird of supervisors may
require special reports from road overseers when deemed proper. The commis-
sioner of highways must report to the board of supervisors all reports of road
overseers made to him, showing- airtlie facts_contained in their reports made to
him.

I Repealed as to certain counties March 30, 1874; Amendments 1873-4, 123;
took effect as indicated, post, 2755.]

2687. JReport of unexpended moneys.

Sec 2687. The commissioner of highways and road overseers must accom-
pany their reports with all unexpended moneys remaining in their hands at the
date of the report, and a statement of all moneys in the county treasury to the
credit of their road district.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec 2687. Road overseers must accompany their reports with all unexpended
moneys remaining in their hands at the date of the report. [Amendment, ap-
proved March 30, 1874; Amendments, 1873-4, 123; took effect as indicated, post,
2755.

2688. Penalty for failure to rejoort or pay over.

Sec. 2688. A failure to make a report as required, or to j^ay over, on the
order of the commissioner of highways or of the board of supervisors, any
moneys in his hands, subjects the overseer to a penalty of tAventy-five dollars,
to be recovered in an action on his bond, together with any balance due from
him; suit therefor may be instituted by the commissioner of highways or dis-
trict attorney, under order of the board of supervisors.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec. 2688. A failure to make a report as required, or to pay over, on the
order of the board of supervisors, any moneys in his hands, subjects the over-
seer to a penalty of twenty-five dollars, to be recovered in an action on his
bond, together with any balance due from him. Suit therefor may be instituted
by the district attorney, under order of the board of supervisors. YAmendment,
approved March 30, 1874; Amendments 1873-4, 123; took effect as indicated, post,
2755.

ARTICLE VI.

LAYING OUT, ALTEKING AND DISCONTINUING EOADS.

2698. T17;o n^ay apply for change.

Sec 2698. Any ten inhabitants of a road district taxable therein for road
purposes may petition in writing the commissioner of highways or the board
of supervisors to alter or discontinue any road, or to lay out a new road
therein.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec. 2698. Any ten inhabitants of a road district, taxable therein for road
purposes, may petition in writing the board of supervisors, to alter or discon-
tinue any road, or to lay out a new road therein. [Amendment, approved March
30, 1874; Amendments 1873-4, 123; took effect as indicated, post, 2755.

2699. Wliat the petition must show.

Sec 2699. The petition must set forth and describe particularly the road to
be abandoned, discontinued, altei'ed, or constructed, and the general route
thereof, over what lands, and who the owners thereof are, whether the owners
consent thereto, and if not, the probable cost of the right of way, the necessity
for and the advantages of the proposed change.

340

PUBLIC WAYS. 2700-2704

2700. The peiitioners lo give bonds for cof<fs.

Sec. 2700. The petitioners must accompany tlie petition witli a good and suf-
ficient bond, to be approved by the supervisors, in double the amount of the
probable cost of the viewing and la^'ing out or altering of any road, conditioned
that the bondsmen will pay all the costs of viewing and surveying in case the
prayer is not granted and the road finally not opened.

2701. Sicperviso^'s to order change and appoint viewers.

Sec. 2701. UiJon filing such petition and bond, the board of supervisors must
apj)oint three viewers, one of whom must be a surveyor, to view and survey any
pro23osed alteration of an old or opening of a new road, to be made in accord-
ance with the descrij)tion in the petition, and submit to the board an estimate
of the cost of the change, alteration, or opening, including the purchase of the
right of way and their views of the necessity thereof.

2702. Viewers to he appointed, and their duties.

Sec. 2702. The road viewers must be disinterested citizens of the county, but
not jjetitioners; they must be sworn to discharge their duties faithfully; must
view and lay out the proj)osed alteration or new road over the most practicable
route; notify the owners of land over which it passes of the proposed route;
ascertain whether the owners consent thereto, and the amount, if any, they
claim or demand for the right of way over the same; estimate the actual dam-
age to any land over which it passes, and the cost of any bridges or grading
necessary; the necessity for and public convenience to be subserved by the road,
and whether the opening thereof or change therein projDosed should be had.

2703. Report of viewers.

Sec. 2703. When the view and survey of the proposed alteration or new road
is completed the viewers must report to the board of supervisors :

1. The course, termini, length, and cost of construction of the proposed road;

2. The estimate of damage to the owner of any land over which it is proposed
to run the road:

3. The names of landowners who consent to give the right of way, and their
written consent thereto;

4. The names of landowners who do not consent, and the amount of damage
claimed by each;

5. Such other facts bearing upon the subject of importance to be known by
the board of supervisors.

2704. Report not to he approved, when.

Sec. 2704. No report of viewers must by the board of supervisors be ap-
proved which, without the consent of the owner and occupant, runs the road:

1. Through an orchard of four j^ears growth;

2. Through a garden or yard four years cultivated;

3. Through buildings or fixtures, or erections for the purposes of residence,
trade, or manufacture;

4. Through inclosures necessary for the iise or enjoyment of the buildings,
fixtures, or erections; or

5. Through inclosed or improved lands;

Unless the board of supervisors are satisfied, from personal examination and
observation, or from the sworn statement of at least twelve respectable residents
of the road district, that the opening of such road through such premises is an
absolute necessity, a great public benefit, or a great convenience to a moiety of
the inhabitants of the district.

[Amended for certain counties (see ante 2619, and post 8755) as follows:]
Sec. 2704. No report of viewers must, by the board of supervisors, be ap-

341

2704r-2707 POLITICAL CODE.

proved -which, -u-ithout the consent of the owner and occui:)ant, would have the
effect to open a road :

1. Through an orchard of four years growth;

2. Through a garden or yard four years cultivated;

3. Through buildings, or fixtures, or erections for the j)urposes of residence,
trade, or manufacture;

4. Through inclosures necessary for the use or enjoyment of the buildings,
fixtvu'es, or erections; or,

5. Through inclosed or improved lands; unless the board of supervisors are
satisfied, from personal examination and observation, or from the sworn state-
ment of at least five residents of the road district, that the opening of such
road through such premises is a necessity, a great jDublic benefit, or a great
convenience to a moiety of the inhabitants of the district. [Amendment, ap-
proved March 30, 1874; Amendments 1873-4, 124; took effect as indicated, post,
2755.

2705. Viexoers and surveyors how paid, and on ivhat certificate.

Sec. 2705. The viewers must be paid three dollars each per day for their
ser^^.ces out of the road fund of the district through which the road passes, and
the surveyor his legal fees for services in running out and mapping the road
and making the plat and field notes, which must be filed when required before
he receives his compensation.

2706. Proceedings of board in hearing report.

Sec. 2706. The board of supervisors, on the coming in of the report, must
fix a day for hearing the same, must notify the owners of land not consenting
to give the right of way of the hearing, by having written notice served on
them personally, or on the occupant or agent of the owner, or if neither, by
posting notice at the most consi^icuoias place on the land, or left at the owner's,
agent's, or occupant's residence ten days prior to the day fixed for the hearing;
and must, on the day fixed or to which it may be j^ostponed or adjourned, hear
evidence and proof from all parties interested for and against the pro^^osed
alteration or new road, ascertain, and b}^ order declare, the amount of damage
awarded to each non-consenting landowner, and declare the report of the
viewers to be approved or rejected. If the rei)ort is rejected the road must
not be altered or opened.

[Amended for certain counties (see ante 2G19, and jiost 2755) as follows:]
Sec 2706. The board of supervisors, on the coming in of the report, must
fix a day for hearing the same; must notify the owners of land not consenting
to give the right of way of the hearing, by having written notice served on
them personally, or on the occui^ant or agent of the owner; or if neither, by
posting notice at the most conspicuous place on the land, or left at tlie owner's,
agent's, or occupant's residence ten days prior to the day fixed for the hearing;
and must, on the day fixed, or to wdiich it may be postponed or adjourned, hear
evidence and proof from all parties interested for and against the proposed
alteration or new road; ascertain, and by order declare, the amount of damage
aw^arded to each non-consenting landowner, and declare the report of the
viewers to be approved or rejected. [Ameitdmeid, approved Marcli 30, 1874;
Amendments 1873-4, 124; took effect as indicated, post, 2755.

2707. Effect of, and proceedings on apj)roval of rieivers' report.

Sec. 2707. If the board api)rove the report, and there are no non-consenting
landowners, the road must, by order, be declared a public highway, and the
commissioner of highways or the. road overseer ordered to open the same to the
public. If there are non-consenting landowners the board must aj^propriate
from the road fund of the district, and cause the commissioner and road over-

342

PUBLIC WxVYS. 2707-2712

seer to tender to such non-consenting landowners the award for damages made
by the board. If the awards are all accepted the road must be declared a
public highway and be opened as before provided.

[Amended for certain counties (see ante 2019, and post 2755) as follows:]
Sec. 2707. If the board approve the report, and there are no non-consenting
landowners, the road must, by order, be declared a public highway, and the
road overseer ordered to open the same to the public. If there are non-con-
senting landowners, the board must appropriate from the road fund of the dis-
trict, and cause the road overseer to tender to such non-consenting landowners
the award for damages made by the board. If the awards are all accepted, the
road must be declared a public highway, and be ojoened as before provided.
[Amendme^U, airpi^oved March 30, 1874; Amendments 1873-4, 125; look effect as
indicated, post, 2755.

2708. Proceedings to procure 7'ight of way.

Sec. 2708. If any award of damages is rejected by the landowners the board
must, by order, direct proceedings to procure the right of way to be instituted
by the commissioner of highAvays, or district attorney of the county, under and
as provided in Title VII, Part III, of the Code of Civil Procedure, against all
non-accepting landowners, and when thereunder the right of way is procured,
the road must be declared a public highway and oj^ened as hereinbefore pro-
vided.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]

Sec. 2708. If any award of damages is rejected by the landowners, the board
must, by order, direct proceedings to procure the right of way to be instituted
by the district attorney of the county, under and as provided in Title VII, Part
III, of the Code of Civil Procedure, against all non-accepting landowners, and
when thereunder the right of way is procured, the road must be declared a
public highway, and opened as hereinbefore provided. But if any non-con-
senting landowner does not recover a greater amount of damages than shall
have been allowed him by the board of supervisors, then he shall pay all costs
and expenses incurred by reason of any suit or other proceedings instituted in
the matter. [Amendment, approved Mai^ch 30, 1874; Amendments 1873-4, 125;
took effect as indicated, post, 2755.

[The part of the Code of Civil Procedure referred to will be found post,
11,237.]

2709. Awards, how and by whom, paid.

Sec. 2709. All awards by agreement, ascertainment by the board, or by the
proper court, must be paid out of the road fund of the district on the order of
the board of supervisors. If the road lies in more than one district the super-
visors must proportionately divide the awards and other costs between them.

2710. Width of hightcays.

Sec. 2710. All highways must be at least fifty feet wide, except those now
existing of a less width.

2711. Private roads, hoiv opened.

Sec. 2711, Private or by-roads may be opened for the convenience of one or
more residents of any road district in the same manner as public roads are
opened, whenever the board of supervisors may for like cause order the same
to be viewed and opened, the person for whose benefit the same is required
paying the damages awarded to landowners, and keeping the same in repair.

2712. Conveyances or decrees of condemnation of lands to he recorded.

Sec. 2712. In all cases where consent to use the right of way for a highway
is voluntarily given, purchased, or condemned, and paid for, either an instru-
ment in writing conveying the right of way and incidents thereto, signed and

343

2712-2724 POLITICAL CODE.

acknowledged by the party making it, or a certified copy of tlie decree of the
court condemning the same, must be made and filed and recorded in the ofiice
of the recorder of the county, in which the land so conveyed or condemned
must be particularly described.

2713. Boads crossing railroads, canals, or ditches.

Sec. 2713. "SVlienever highw^ays are laid out to cross railroads, canals, or
ditches on public lands, the owners or corporations using the same must, at
their own expense, so prepare their roads, canals, or ditches that the public
highway may cross the same without danger or delay; and when the right of
way for a public highway is obtained through the judgment of any court over
any raikoad, canal, or ditch, no damages must be awarded for the simple right
to cross the same.

2714. Fence to be removed, hoxo.

Sec 2714. When the alteration of an old or the ojjening of a new road
makes it necessary to remove fences on land given, purchased, or condemned
by order of a court for road or highway purposes, notice to remove the fences
must be given by the road overseer or commissioner of highways to the owner,
his occupant, or agent, or by posting the same on the fence, and if the same is
not done within ten days thereafter, or commenced and prosecuted as speedily
as possible, the commissioner of highways or road overseer may cause it to be
carefully removed at the expense of the owner, and recover of him the cost of
such removal, and the fence material may be sold to satisfy the judgment.
[Amended for certain counties (see ante 2G19, and post 2755) as follows:]
Sec. 2714. "When the alteration of an old, or the opening of a new road,
makes it necessary to remove fences on land given, purchased, or condemned
by order of a court, for road or highway purposes, notice to remove the fences
must be given by the road overseer to the owner, his occupant, or agent, or by
posting the same on the fence, and if the same is not done within ten days
thereafter, or commenced and prosecuted as speedily as possible, the road
overseer may cause it to be carefully removed at the expense of the owaier, and
recover of him the cost of such removal, and the fence material may be sold to
satisfy the judgment. [Amendment, approved March 30, 1874 ; Amendments
1873-4, 126; took effect as indicated, post, 2755.

ARTICLE VII.

ERECTION AND MAINTENANCE OF BRIDGES.

2724. Bridges, how maintained and by whom.

Sec. 2724. All public bridges not otherwise specially provided for, are main-
tained by the road district in which they are situate, the districts which they
unite, and the county at large, in the same manner as highways, and under the
management and control of the commissioner of highways, road overseer, and
board of supervisors, the expense of constructing, maintaining, and repairing
the same being primarily payable out of the road fund of the district in the
hands of the road overseer or county treasurer, and from road poll taxes.
[Amended for certain counties (see ante 2G19, and post 2755) as follows:]
Sec. 2724. All public bridges not otherwise specially provided for, are main-
tained by the road district in which they are situate, the districts which they
unite, and the county at large, in the same manner as highways, and under the
management and control of the road overseer and the board of supervisors, the
expense of constructing, maintaining, and repairing the same, being primarily
payable out of the road fund of the district, in the hands of the road overseer
or county treasurer, and from road poll taxes. [A)nendment, approved March
30, 1874; Amendments 1873-4, 12G; took effect as indicated, xjost, 2755.

344

PUBLIC WAYS. 2725-2728

2725. When aid may be given by county for- bridge.

Sec. 2725, Whenever it appears to the board of super\dsors that any road
district is or woukl be unreasonably burdened by the expense of constnicting
or maintenance and repair of any bridge, they may, in their discretion, cause a
portion of the aggregate cost or expense to be paid out of the general road
fund of the county, or out of the general county fund, or both, or they may
levy a sjDecial bridge tax therefor, not exceeding one fourth of one per cent,
on the taxable jDroperty of the county, annually, till the amount appropriated
in aid is raised and paid. In the county of Tehama the amount rais£f& for any
one bridge shall not exceed the sum of ten thousand dollars for any one year,
unless the i3roj)osition to raise the amount is first submitted to a vote of the
people of the county in the manner and at the time and under such rules as
the board may prescribe and a majority of the votes are in favor of the propo-
sition. [Amendynent, approved Ilarch 30, 1874; Amendments 1873-4, 130; took
effect immediately y^

2726. Construction and repair of bridges to be let out by contract.

Sec. 2726. No bridge, the cost of the construction or repair of which will
exceed the sum of one hundred dollars, must be constructed or repaired except
on ord^r of the board of supervisors. When ordered to be constructed or
repaired, the contract therefor must be let out to the lowest bidder, after reason-
able notice given by the board of supervisors, through the commissioner of
highways or road overseer, by publication at least two weeks in a county news-
paper; and if none, then by three posted notices — one at the court-house, one
at the point to be bridged, and one at some other neighboring public place;
the bids to be sealed, opened, and the contract awarded at the time specified in
the notice. The contract and bond to perform it must be entered into to the
approval of the board of sujoervisors.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec. 2726. No bridge, the cost of the construction or repair of which will
exceed the sum of three hundred dollars, miist be constracted or repaired,
except on order of the board of supervisors. When ordered to be constructed
or repaired, the contract therefor must be let out to the lowest bidder, after
reasonable notice given by the board of supervisors, through the road overseer,
by i^ublication at least two weeks in a county newspaper; and if none, then by
three jDOsted notices — one at the court-house, one at the point to be bridged,
and one at some other neighboring public place. The bids to be sealed, oj)ened,
and the contract awarded at the time specified in the notice. The contract and
bond to perform it must be entered into to the approval of the board of super-
visors. [Amendment, approved March 30, 1874; Amendments 1873-4, 126; took
effect as indicated, post, 2755.

2727. When one overseer fails to aid, who may repair bridge.

Sec. 2727. If the road overseer of one road district, after five days' notice
from the overseer of an adjoining district to aid in the repair of a bridge in
which each are interested, fails so to aid, the one giving notice may make the
necessary repairs, and must be allowed a pro rata compensation therefor by the
board of superrisors out of the road fund of the defaulting district.

2728. Overseer failing , hoiv bridge repaired.

Sec 2728. If the overseer of any road district chargeable with the repair of
a bi-idge fails to make the needed repairs after being informed that a bridge is
impassable or unsafe, and is requested to make the same by two or more free-
holders of the district in which it is situate, or the two districts which it unites,

(a) The original section did not have the last sentence commencing with the words " In the county of Tehama."

345

2728-2732 POLITICAL CODE.

the freeholders may represent the facts to the board of suj^ervisors, who, upon
being- satisfied that the bridge is unsafe, must cause the same to be repaired,
and must pay therefor from the funds of the distiict chargeable therewith.

2729. Construction of bridge iMitioned for and notice.

Sec. 2729. When a bridge, the cost of which will exceed one hundred dol-
lars, is necessaiy, any five or more freeholders of the road districts interested
therein may jx'tition the board of suijervisors for the erection of such needed
bridge. The board must thereupon advertise such application, giving the loca-
tion and other facts, for two weeks in a newspaper printed in the county; if
none, then by posters — one at the proj^osed location, one at the court-house,
and one at some other public jilace in the county, and notify the overseer or
commissioner of highways to attend at a certain time and place to hear the
application.

[Amended for certain counties (see ante 2619, and jDOst 2755) as follows:]
Sec. 2729. When a bridge, the cost of which will exceed three hundred dollars,
is necessaiy, any five or more freeholders of the road district interested therein
may petition the board of supervisors for the erection of such needed bridge.
The board must thereuj^on advertise such aj)plication, giving the location and
other facts, for two weeks, in a new'spajDcr printed in the county; if none, then
by posters — one at the proposed location, one at the court-house, and one at
some other public place in the county, and notify the overseer to attend at a
certain time and place to hear the application. [Ainendvient , ct'jypj'oved Ilarch
30, 1874; Amendments 1873-4, 127; took effect as indicated, post, 2755.

2730. If found necessary, the bridge to be built.

Sec. 2730. On the day fixed to hear the application, proof of the notice given
being made satisfactoiy, the board must hear the jDetitiou, examine witnesses,
and determine whether or not a bridge is necessary as petitioned for; if found
to be so, the board must determine the character of bridge to be constructed,
prepare plans and specifications, invite bids, let the contract, and have the
same erected, and provide for the payment therefor as herein provided.

2731. Ttrporf of officers to embrace bridges.

Skc. 2731. The commissioner of higlnvaj's and road overseers must, in their
official reports, give a full account of all bridges of which they have in whole
or in part the charge and maintenance, those constructed or repaired, and the
cost thereof, the amounts expended thereon, from what source derived, and the
present and prospective condition thereof.

[Amended for certain counties (see ante 2G19, and post 2755) as follows:]
Sec, 2731, Road overseers must, in their official reports, give a full account
of all bridges of which they have in whole or in part the charge and mainte-
nance, those constructed or repaired, and the cost thereof, the amounts expended
thereon, from what source derived, and the present and prospective condition
thereof. [Amendment, approved March 30, 1874; Amendments 1873-4, 127; took
e(fect as indicated, post, 2755.

2732. St'mi-annual meeting for Uighvxiy jmrposes.

Si:c. 2732, The county is responsible for providing and keeping passable and
in good rejjair bridges on all public highways, and the supervisors must api:)oint
semi-annually a special meeting, at which the commissioner of highways and
road overseers, on days set apart for their respective districts, to hear highway
and bridge reports and complaints from officers and citizens, when such orders
must be made and such action had regarding the same as the public welfare
demands.

[Amended for ceiiain counties (see ante 2G19, and post 2755) as follows:]
Sec. 2732. The county is responsible for providing and keeping passable and

346

PUBLIC WAYS. 2732-2747

iu good repair, bridges on all public highways, and the supervisors must
apiooint semi-annually a special meeting', at which the road overseers, on days
set apai-t for their respective districts, to hear highway and bridge reports and
complaints from officers and citizens, when such orders must be made, and
such action had regarding the same, as the public welfare demands. \Amend-
ment, approved March 30, 1874; Amendments 1873-4, 128; look effect as indicated,
post, 2755.

AETICLE VIII.

OBSTRUCTIONS AND INJURIES TO HIGHWAYS.

2743. Removal of encroachments.

Sec. 2743. If any highway duly laid out or erected is encroached upon by
fences, buildings, or otherwise, the commissioner of highways or road overseer
of the district may, orally or in writing, require the encroachment to be re-
moved from the highway.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec 2743. If any highway, duly laid out or erected, is encroached upon by
fences, buildings, or otherwise, the road overseer of the district may, orally or
in writing, require the encroachment to be removed from the highway. {Amend-
ment, approved 3Iarch 30, 1874; Amendments 1873-4, 128; took effect as indicated,
I)ost, 2755.

2744. Notice to remove encroachment.

Sec. 2744. Notice must be given to the occupant or owner of the land, or
person causing or owning the encroachment, or left at his place of residence if
he reside in the county; if not, it must be posted on the encroachment, speci-
fying the breadth of the highway, the place and extent of the encroachment,
and requiring him to remove the same within ten days.

2745. Penalty for neglect.

Sec. 2745. If the encroachment is not removed or commenced to be removed
and diligently prosecuted prior to the expii-ation of the ten days from the ser-
vice or posting the notice, the one who caused or owns or controls the encroach-
ment forfeits ten dollars for each day the same continues unmoved. If the
encroachment is such as to effectually obstruct and prevent the use of the road
for vehicles, the overseer must forthwith remove the same.

2746. If encroachment denied, action for nuisance to he brought.

Sec. 2746. If the encroachment is denied, and the owner, occupant or j^er-
son controlling the matter or thing charged with being an encroachment refuses
either to remove or to permit the removal thereof, the commissioner of high-
ways or road overseer must commence in the proper court an action to abate
the same as a nuisance; and if he recovers judgment, he may in addition to
having the same abated, recover ten dollars for eveiy day such nuisance
remained after notice, as also his costs in such action.

[Amended for certain counties (see ante 2619, and j^ost 2755) as follows:]
Sec 2746. If the encroachment is denied, and the owner, occupant or person
controlling the matter or thing chai'ged with being an encroachment, refuses
either to remove or to permit the removal thereof, the road overseer must com-
mence, in the proper court, an action to abate the same as a nuisance; and if
he recovers judgment, he may, in addition to having the same abated, recover
ten dollars for every day such nuisance remained after notice, and also his'costs
in such action. [Amendment, approved 3Iarch 30, 1874; Amendments 1873-4,
128; took eff^ect as indicated, post, 2755.

2747. If encroachment not denied, how removed.

Sec. 2747. If the encroachment is not denied, but is not removed for five

347

2747-2754 POLITICAL CODE.

days after the notice is complete, the commissioner of highways or road over-
seer may remove the same at the expense of the owner, occupant, or person
controlling the same, and recover his costs and expenses, as also for each day
the same remained after notice was complete the sum of ten dollars, in an action
for that purpose.

[Amended for certain counties (see ante 2619, and post 2755) as follows:]
Sec 2747. If the eucroachment is not denied, but is not removed for five days
after the notice is complete, the road overseer may remove the same at the
expense of the owner, occupant, or person controlling the same, and recover
his costs and expenses, as also for each day the same remained after notice was
complete the sum of ten dollars, in an action for that purpose. [Amendment,
approved March 30, 1874; Amendmentfi 1873-4, 128; took effect as indicated,
post, 2755.

2748. Xo gate allowed, except where.

Sec. 2748. No gates must be allowed on any public highway duly laid out,
except on highways running through lands subject to overflow to such extent
as to remove the fences. When so allowed they must be erected and main-
tained at the expense of the owner or occupant at whose request or for whose
benefit they were erected. If such expense is not paid, the gate must be re-
moved as an obstruction.

2749. Penalty for leaving open gate or Hding off the road.

Sec. 2749. Any one who leaves open such gate, or willfully and unnecessarily
rides over ground adjoining the road on which the gate is erected, forfeits to
the injured party treble damages.

2750. Penalty for obstruction or injury.

Sec. 2750. Whoever obstructs or injures any highway, or obstructs or diverts
any watercourse thereon, is liable to a penalty of five dollars for each day such
obstruction or injury remains, and must be punished as i^rovided in section 588
of the Penal Code.

2751. Penally for injuring milestone and guide-jDOst.

Sec 2751. Whoever removes or injures any mileboard, or milestone, or
guide-post, or any inscription on such, erected on any highway, is liable to a
penalty of ten dollars for every such ofiense, and punishable as provided in
section 590 of the Penal Code.

2752. Eemoval of fallen trees.

Sec 2752. Any person may notify the occupant or owner of any land from
which a tree or other obstruction has fallen upon any highway to remove such
tree or obstruction forthwith. If it is not so removed the owner or occupant
is liable to a penalty' of one dollar for every da}' thereafter till it is removed
and the cost of removal.

2753. Unauthorized felling of trees.

Sec 2753. Whoever cuts down a tree so that it falls into any highway, must
forthwith remove the same, and is liable to a penalty of five dollars for every
day the same remains in such highway.

2754. Notice on bridge/i, and penalty for disregarding.

Sec 2754. The coiumissionor of highways and road overseers may put up on
bridges under their charge notices that there is " Five dollars fine for riding or
driving on this bridge faster than a walk." AVhoever thereafter rides or drives
faster than a walk on such bridges is liable to five dollars for each offense.
[Amended for certain counties (see ante 2019, and j^ost 2755) as follows:]
Sec 2754. Road overseers may put up on bridges under their charge notices
that there is "Five dollars fine for riding or driving on this bridge faster than

348

PUBLIC WAYS. 2754-2779

a walk." ' "Whoever thereafter rides or drives faster tliau a walk on such bridge
is liable to pay five dollars for each ofifense. [Amendment, np-proved March 30,
1874; Amendments 1S73— 4, 129; took effect as indicated, post, 2755.

275-5. Destroying shade or ornamental ti'ees.

Sec. 2755. Whoever digs up, cuts down, or otherwise injures or destroys any
shade or ornamental tree planted and standing on any highway forfeits twenty-
five dollars for each such tree.

[Amended for certain counties (see also ante, 2619) as follows:]

Sec. 2755. Whoever digs up, cuts down, or othei-wise injures or destroys any
shade or ornamental tree, unless the same maybe deemed an obstruction by the
road overseer, and removed under his direction, planted or standing on any
highway, fort'eits twenty-five dollars for each such tree. [Amendment, approved
March 30, 1874; Amendments 1873-4, 129; took effect as indicated beloiv.

[The amendatory act of March 30, 1874 (Amendments 1873-4, 116), by the
operation of which many of the foregoing sections, commencing with 2G19, were
amended or repealed, as indicated under the respective sections, contained an
additional section, as follows:]

Sec. 38. This act shall apply only to the following named counties: Cala-
veras, Santa Barbara, San Luis Obispo, Yentura, Fresno, Kem, Tehama,
Contra Costa, Marin, Lake, Sierra, Plumas, -Sacramento, Sutter, Mendocino,
Mariposa, Alameda, and Lassen; provided, that this act shall not be in force
and efi'ect in Solano, Los Angeles, San Joaquin, and Yuba counties, until the
first Monday of March, 1876. [Section of Amendatoi-y Act, approved March 30,
1874; Amendments 1873-4, 129; took effect on sixtieth day after passage.

2756. Application of penalties.

Sec. 2756. All penalties or f orieitures given in this chapter, and not otherwise
provided for, must be recovered by the commissioner of highways or road over-
seers of the respective road districts, and be ai:)plied on the highways in which
they are collected.

2757. Road laics now in force not afecfed by code.

Sec 2757. Nothing in this chapter affects the provisions of any statute in
relation to roads and highways now in force and made applicable to one or
more counties by name; but whenever any such statute is repealed then the
provisions of this chapter are ajpplicable to the county named in the statute
repealed.

CHAPTEE in.

TOLL EOADS.

Aeticxe I. CoNSTBrcnos of Toll Eoads 2779

II. Use op Toll Eoids, axd Obstbuctioxs thekeon '281'4

III. Inspection ajtd Eepalbs 2827

AETICLE I.

COSSTRrCTIO>' OF TOLL EOADS.

2779. 2\otice of and application to construct the road.

Sec. 2779. If all lands necessary for the road-bed and other purposes are not
otherwise acquired as hereinafter provided, the company proposing to construct
a toll road through any part of a county must publish a notice in some news-
paper published therein, and if none, then the newspaper nearest thereto, once
in each week for six consecutive weeks, specifying the character of the road, the
termini, and each town, city, or village through which it is proposed to construct
it, and the time when the application hereinafter required will be made. After

349

2779-2786 POLITICAL CODE.

such notice is complete, on the day sj^ecified therein, application must be made
to the board of supervisors of the county for authority to take the necessary
land and to construct the road described in the notice.

2780. Special meeting of supervisors.

Sec. 2780. On application therefor the president of the board of supervisors
may call a special meeting to hear the application, ten days' notice thereof being
served on each of the other supervisors, either i^ersonally or by leaving it at his
place of residence, if absent; the expense of such special meeting and serving
notices must be paid bj- the aj^plicant.

2781. Hearing the application.

Sec. 2781. On the hearing, all residents of the county and others interested
may appear and be heard. The board may take testimony, or authorize it to
be taken by any officer of the county, and adjoui*n the hearing from time to
time.

2782. Action of supervisors.

Skc. 2782. If it appears to the board of supervisors that the public interests
vrill be promoted thereby, a majority of all the members thereof may grant the
application, and by order authorize the company to take the real property
necessary, and appoint two commissioners to lay out the road, who are disin-
terested either in the company or in any land sought to be taken or adjoining
thereto. A coj^y of this order must be recorded in the county clerk's office
before action under it is had.

2783. Commissioners, how appointed for other counties and by corporation.

Sec. 2783. If the route extends into more than one county the application
must specify their names, and the board of supervisors of each of such coun-
ties must ajipoint commissioners to act in their respective counties with the
commissioner and surveyor of the company. The company must appoint one
commissioner of like qvialification as those appointed by the board of supervi-
sors, and furnish a surveyor to accomj)any and act with them.

2784. Laying out the road.

Sec. 2784. The commissioners must take the oath of office, and view and lay
out the road as in their judgment will best promote the public interest. They
must hear all persons interested, and may take testimony; they may determine
the breadth of the way, not exceeding one hundred feet, except where the com-
pany acquire a greater breadth by grant. They must make, sign, and certify
an accurate survey and description of the route and of the land necessary for
the road, buildings, and gates in each county, and record the same in the office
of the county clerk thereof. When the breadth of the road is not fixed by the
commissioners it may be fixed by the commissioner of highways or the board
of supervisors of the county.

2785. Compensation of commissioners, map and report.

Sec. 2785. The company must pay to each commissioner his expenses and
four dollars a day for his services ; cause their surveyor to make the maj) of the
projiosed road, which, wlien approved and certified by the commissioners, must
be filed with the report in the office of the clerk of the board of supervisors
and recorded.

2786. Branches and extensions.

Sec 278G. The directors of any such company may, with the written consent
of the holders of two thirds of the stock, proceed in the manner prescribed by
the preceling seven sections to construct branches to their road, or to extend it
or alter any jiart of its route or branches.

350

PUBLIC WAYS. 2787-2795

2787. Acquiring lands by grant.

Sec. 2787. Lands necessary for tlie purposes of the road or appurtenances
may be acquired by jjurchase or condemnation. Lands within any hif^hway
may be granted by the boartl of supervisors or town or cit}' authorities on such
terms and for such sums as may be agreed upon.

2788. Appropriation of damages /or higlnvays taken.

Sec. 2788. When the road company desires the exclusive use of lands forming'
part of a highway, and such use is granted by the supervisors, the damages
received therefor are to be paid to the road fund of the road district in which
the same is situated.

2789. Application, when unnecessary.

Sec 2789. When the company has obtained all the lands necessary in any
county, by purchase or agreement, the road may be constructed without making
the ajiplication to the board of supervisors hereinbefore provided for; but before
proceeding to do so an accurate survey of such part of the road must be made
by a practical surveyor, signed and sworn to bj^the president and secretary, and
recorded in the county clerk's office; and if the road extends into another
county, authority to construct the road there must be first obtained.

2790. Orchards and gardens.

Sec. 2790. No such road must be laid out through any orchard of four years
growth, to the injury of the fruit trees, or any garden of four years cultivation,
or any dwelling-house or building connected with a dwelling-house, or any yard
or inclosure necessary thereto, without the consent of the owner.

2791. Bridging streams.

Sec. 2791. The road company may bridge any stream or river on the route of
their road, when not within the limits prescribed by law for the erection and
maintenance of any other bridge; and in bridging streams used for rafting
lumber the bridge must be so constructed as not to prevent or endanger the
passage of any raft forty feet in width.

2792. One road coiy oration using the road-bed of another.

Sec. 2792. No j)lank-road company must construct its road on the road of
another company, excej)t in case of crossings, without consent of the latter.

2793. How to be constructed.

Sec 2793. Every such road must be laid out at least fifty feet wide. The
track of plank roads must be constructed eighteen feet wide, of timber, plank
or other hard material. The track of turnpikes must be bedded with stone,
gravel or such other hard material found on the line thereof, to the width of
eighteen feet, and faced with broken stone or gravel. The common wagon road
must be graded at least twelve feet in width, and so constructed with necessary
turnouts as to permit vehicles to pass each other conveniently. All the roads
must be ditched on the sides when practicable, and have jiroper and necessary
sewerage, and be so constructed that vehicles may j)ass on and off the track at
all intersections of roads.

2794. May relay with what.

Sec 2794. Eveiy com}Dany that has once laid their road with plank may relay
it or any part of it with broken stone, gravel, shells or other hard material
whereby they keep a good, substantial road.

2795. Milestones and posts.

Sec 2795. A milestone or post must be maintained at every mile, with an
inscription showing the distance from the commencement of the road. If the
road commences at the end of any other road, or intersects therewith, having
milestones or posts on which the distance from any city or town is marked, a
continuation of that distance must also be inscribed.

351

2796-2801 POLITICAL CODE.

2796. Guide-posts.

Sec. 2796. A guide-post must be erected at every place where the road is in-
tersected by a public road, with an inscription showing the name of the place
to which such intersecting road leads, in the direction to which the name on the
guide-post points.

2797. Inspection, certificate, and completion.

Sec. 2797. When the road, or three consecutive miles thereof, is completed,
the commissioner of highways, or such road overseer or other person thereto
specially appointed by the board of supervisors of the county, must iiispect the
road when requested, and if satisfied that the road conforms to the requirements
of the law, must certify to the facts and file the certificate in the oifice of the
county clerk; for such service four dollars per day must be by the company joaid
to the inspector or commissioner. When only three miles of any plank road are
completed, if it is not the entire road, tolls must not be collected thereon for
more than one year, unless the road or five consecutive miles are completed
within the year.

2798. Erection of gates, etc.

Sec. 2798. When the certificate of completion is filed toll gates may be
erected and tolls collected. No toll gate, toll house, or other building must be
put up within ten rods of the front of any dwelling-house, barn or outhouse,
without the written consent of the owner thereof.

2799. Abandonment of road, and what becomes of it.

Sec. 2799, Whenever the holders of two thirds of the stock consent, the di-
rectors of any company may abandon the whole or any part of their road at
either or both ends, by written surrender thereof, attested by their seal, and
acknowledged by the president and secretary as a deed or grant is acknowl-
edged, and recorded in the clerk's office of each county where the surrendered
road lies; thereafter the surrendered road belongs to the road districts in which
it lies, but the company may continue to take toll on any three consecutive
miles in length not so surrendered.

2800. County may purchase road, how.

Sec. 2800. At any time within five years from filing the certificate of comple-
tion of any road constructed under the provisions of this chapter the county
within which the road or any part thereof is located may purchase the same at
a fair cash valuation, to be fixed by seven commissioners, all disinterested per-
sons, three to be appointed by the board of supervisors of the county, three by
the owner of the road, and the seventh by the county judge, who must estimate
the fair cash value of the road and make report thereof under oath to the board
of supervisors. If within three months after filing the report the ai:>praised
value thereof is tendered on behalf of the county to the owner of the road, or
his authorized managingagent, in gold coin, the right of the owner to take tolls
on the road is terminated, and the road becomes the property of the county.

2801. How the appraisement and award is made, and its effect.

Sec 2801. A majority of the board of commissioners mentioned in the j)re-
ceding section constitute a quorum, and the concurrence of a majority in
making the estimate and award is binding upon the road owner if approved by
the board of supervisors. The commissioners must make their report within
thirty days after their apjiointment, and if approved, the tender of the amount
of the appraisement and award must be made by the county treasurer; whether
the owner conveys the road to the county or not, the report and tender operate
as a conveyance to the county of the road and all its incidents and appur-
tenances.

352

PUBLIC WAYS. 2814-2828

AKTICLE II.

USE OP TOLL EOADS, AND OBSTRUCTIONS THEREON.

2814. Persons exempt frovi tolls.

Sec. 2814. The followmg persons, and none other, are exempt from payment
of toll on wagon, turnpike, or plank roads:

1. Persons going to and from any funeral, and all funeral processions;

2. Troops in actual service of the state or of the United States, and persons
going to or from a militia training which by law they are required to attend;

3. Persons going to or from the court-house in obedience to a subpoena in
a criminal action;

4. Persons living within a mile of any gate by the most usuall}^ traveled road
may pass it at one half toll, when not engaged in the transportation of others
or the proj)erty of others;

5. Farmers living on their farms within one mile of any gate by the most
usually traveled road may pass free when going to or from their work on such
farms;

6. School children attending school within three miles of their j)arental or
boarding houses.

2815. Encroachments, hoiv removed.

Sec. 2815. On application by an officer of the company the commissioner of
highways or road overseer of the district where the same exists, may inquire
into any encroachment ujjon the lands of the company used for the i:)urposes of
the road, caused by fence, building, or otherwise, and he must, if he finds it
does exist, require or cause its removal as provided for highway encroachments
in Article VIII, Chapter II of this Title.

2816. Who liable for penalty, and lohat.

Sec. 2816. Every person who, having the control thereof, neglects to remove
an encroachment after being notified thereof, or permits the same to remain
after notice, unless he immediately commences and diligently prosecutes its
removal to coniiDletion, is Hable to a i^enalty of five dollars for every day of
such neglect or failure.

2817. Action for penalty or trespass.

Sec 2817. An action for the penalties given by this chapter, and for any
trespass on or injury to such road may be maintained in the county where the
act was done, or in that where the defendant resides, by the company.

AETICLE III.

INSPECTION AND REPAIRS.

2827. Inspection of roads, by xohom, and how repairs to be made.

Sec 2827. Every commissioner of highways or road overseer of the district
to whom complaint in writing is made that any part of a wagon, turnpike, or
plank toll road in his county or district, or any part of such road, the gate
nearest to which is in his county or district, is out of repair, must examine it
without delay and give notice of the defect, particularly describing the same,
to the person attending the gate nearest thereto; if the necessary repair is not
made or defect remedied within three days after such notice is given the com-
missioner or road overseer may order such gate to be thrown open.

2828. Closing gates, and penalty.

Sec 2828. A gate so ordered to be thrown open must not be shut nor any
toll collected thereat until the commissioner of highways or road overseer
23 353

2288-2843 POLITICAL CODE.

ordering it shut grants a certificate that the road is in sufficient repair, and
that the gate ought to be closed. The company and their gatekeeper or other
employee, violating or i)ermittiug the violation of this section, or the order
made under the preceding section; are each liable in a penalty of twenty -five
dollars for each offense, to be recovered by the party aggrieved.

2829. Defects in road, to be reported to whom.

Sec. 2829. Every commissioner of highways or road overseer who discovers
a defect in any toll road in his cotinty or district, or a gate placed in a situa-
tion contrary to law, must give written notice thereof to one or more of the
dii-ectors or managing agents of the comjjany, requiring the defective road to
be repaired, or the gate to be removed, within a specified time; and may order
that in the meantime such gates as he specifies be thrown open.

2830. Enforcing obedience to notice and requirement.

Sic. 2830. If the notice and requirements are not obej'ed, the commissioner
of highways or road overseer must make immediate complaint to the district
attorney of the county, who must prosecute the company therefor in the name
of the people for so suffering the road to be out of repair, or of having placed
any gate in a situation contrary to the law; and if convicted thereof, the com-
pany must be fined not exceeding two hundred and fifty dollars.

2831. Fees of commissioner or overseer, ivhat, and how paid.

Sec. 2831. The commissioner of highways or road overseer complaining to
the district attorney, or who makes inspection and discovers defects in tberoad,
is entitled to three dollars for each day's services in inspecting the road, or
necessarily expended in prosecuting the action therefor, to be paid in case of
conviction as costs. When no action is had, but repairs are made, or gate re-
moved, on the inspection and requirement of the commissioner of highways or
road overseer, the toll gatherer nearest the road so out of repair, or the gate to
be moved, must pay the fees hereinbefore sj)ecified out of the tolls collected ;
if he refuse to jiay the same, the same may be recovered by action, with costs.

2832. Pack frails in mountain district,":.

Sec. 2832. The boards of sujoervisors of the several counties of this state are
hereby authorized to permit the toll road companies heretofore or which may
hereafter be organized under the provisions of this code, for the purpose of
constnicting toll roads within the mountain districts of this state, to first con-
struct on the line of their proposed toll road a pack trail for the accommoda-
tion of pack trains and horsemen, and to collect tolls thereon ; the board of
supervisors shall fix the amount of license to be paid and tolls to be collected
on such pack trail, and that no such permit or franchise shall be granted for a
longer period than two years. [New section, approved March 30, 1874 ; Amend-
ments 1873-4, 131 ; took effect from passarje.

CHAPTER IV.

PUBLIC FERRIES AND TOLL BRIDGES.

AUTICLB I. GENEHATi PbOVLSIONS 2843

II. Toll Bridges. 2.S70

III. Toll Febeies 2892

ARTICLE I.

GENERAL PROVISIONS.

2843. What hoard to grant authorlly to construct.

Sec. 2843. "When authority to construct a toll bridge or to erect and keei? a

354

PUBLIC WAYS. 2843-2848

ferry over waters dividing two counties is desired, application must be made to
the board of supervisors of that county situated on the left bank descending
sucli bay, river, creek, slough, or arm of the sea.

2844. Notice must he proved.

Sec. 2844. The board of suj)ervisors must not grant authority to construct or
erect a toll bridge or ferry until the notice of such intended application has
been given as respectively required in Articles II and III of this chaj)ter.

2845. Duty of the hoard of supervisors granting authority.

Sec. 2845. The board of supervisors granting authority to construct a toll
iaridge or to keep a public ferry, must at the same time :

1. Fix the amount of a penal bond to be given by the person or corjioration
owning or taking tolls on the bridge or feriy for the benefit of the county and
all persons crossing or desiring to cross the same, and provide for the annual
renewal thereof ;

2. Fix the amount of license tax to be paid by the person or corporation for
taking tolls thereon, not less than three nor over one hundred dollars per month,
payable annually;

3. Fix the rate of tolls which may be collected for crossing the bridge or
ferry, which must not raise annually an income exceeding fifteen per cent, on
the actual cost of the construction or erection and maintenance of the bridge
or ferry for the first year, nor on the fair cash value together with the rej)airs
and maintenance thereof for any succeeding year;

4. Make all necessary orders relative to the construction, erection, and busi-
ness of licensed toll bridges or ferries which they have by law the power to
make. The board of supervisors ma}', at any time they see fit, authorize and
maintain fords across any water within any distance of any licensed toll bridge
or ferry.

2846. License tax and rate of tolls, how fixed.

Sec. 2846. The license tax and rate of toll fixed as j^rovided in the preceding
section must not be increased or diminished during the term of twenty years,
at any time, unless it is shown to the satisfaction of the board of supervisors
that the receipts from tolls in any one year is disproportionate to the cost of
construction or erection, or the fair cash value thereof, together with the cost
of all necessary repairs and maintenance of the bridge or ferry. The license tax
fixed by the board of supervisor's must not exceed ten per cent, of the tolls
annually collected.
2347. Report ofhi'idge or ferry owner or keeper.

Sec. 2847. Every owner or keeper of a toll bridge or ferry must report annu-
ally to the board of supervisors from which his license is obtained, under oath,
the following facts:

1. The actual cost of the construction or ei'ection, and equipment of the toll
bridge or ferry;

2. The repairs made during the preceding year, and the actual cost thereof;

3. The exjjense of labor and hire of agents, and other costs necessarily
incurred in and about the conduct of their business;

4. The amount of tolls collected; and,

5. The estimated actual cash value of the bridge or feriy, exclusive of the
franchise.

2848. Inquiry of hoard of supervisors fixing tolls.

Sec 2848. "Whenever the board of supervisors are about to fix the license tax
and rate of tolls on a bridge or ferry they must make inquiry into the present
actual cash value and the cost of all necessary repaii's and maintenance thereof,
and for that purpose may examine, under oath, the owner or keeper of the

355

2848-2853 POLITICAL CODE.

same, and other witnesses, and the assessed vahie of the bridge or ierrj on the
assessment roll of the county. "When the estimate of the board is made, if the
same is not agreed to by the owner or keeper of the bridge or feriy, the same
must be fixed by three commissioners, one to be appointed by the board of
supervisor^, one by the owner and keeper, and the third by the county judge,
who must hear testimouy and fix such value and cost according to the facts, and
report the same to the board of supenisors under oath. In all estimates of the
fair cash value of the bridge or ferij the value of the franchise must not be
taken into consideration.

2849. TI7i''?i to direct license to issue.

Sec. 284:9. When the cost of construction or erection and equipment of the
bridge or ferry, or the fair cash value thereof, together with the cost of needed
repair's and the conduct and maintenance of the same, is ascertained and fixed
for the preceding year, the board must on such ascertained amount fix the
annual license tax rate of tolls, aud the amount of the penal bond, and direct a
license to be issued by the clerk.

An Act to enforce the collection of license taxes.

Approved March 21, 1872; 1871-2, 539.

Delinquent ferry and bridge license tax.

Section 1. Whenever any person who is required by law to pay a ferry or
bridge license tax neglects to pay the same for the period of thirty days after
the same is due or payaltle, the collector of such taxes must notify the district
attorney thereof, who must at once institute proceedings against such person.

Sec. 2. This act shall be in force from and after its passage.

2850. Bond, conditions and execution.

Sec. 2850. The bond required of the owner or keeper of the toll bridge or
ferry must be in the sum fixed by the board of supervisors, with one or more
sureties, and conditioned that the toll bridge or ferry will be kept in good
repair and condition, and that the keeper will faithfully comply with the laws
of the state and all legal orders of the board of supervisors regulating the
same, and pay all damages recovered against him by any person injured or
damaged by reason of delay at or defect in such bridge or ferry, or in any
manner resulting from a non-compliance with the laws or lawful orders regu-
lating the same. The bond must be approved by the president and filed with
the clerk of the board of supervisors.

2851. When bridge imites tiuo coitnties.

Sec 2851. The license tax for a ferry or bridge connecting two counties
must be paid to the treasurer of the county granting it, and the license issued
by the auditor thereof; but the treasurer of such county must pay to the
treasury of the county in which the other end or landing of the bridge or feny
is located one half the sum so received annually, or the auditor may issue the
license on filing with him receii)ts for their respective halves of the tax taken
from the treasurer of each of the two counties.

2852. ^Vllen Ijoard divided, countg judge to act.

Sec. 2852. When a supervisor is interested in an application to erect, con-
struct, or take tolls, or alter tolls on a bridge or ferry, the county judge of the
county must act in his stead.

2853. Toll bridge or ferry within one mile of aiwther, tnhen.

Sec. 2853. No toll bridge or feny must be established within one mile im-
mediately above or below a regularly established feny or toll bridge, unless
the situation of a town or village, the crossing of a public highway, or the
intersection of some creek or ravine rendfrs it necessary for public convenience.

350

PUBLIC WAYS. 2853-2871

In addition to the public notice hereinafter required, notice of intention to
apply for authority to erect a toll-bridge or ferry, as in this section provided,
must be served upon the proprietor of the ferry or toll biidge already estab-
lished at least ten days prior thereto, giving the time and place and grounds of
such application.

2854. Oivner of land preferred to build, bridge or ferry.

Sec. 2854. The owner of land on either side of the waters to be crossed, and
the owner of the land on the left bank descending over the owner of land on
the right bank, is entitled to preference in procuring authority to construct a
bridge or ferry; but where such owner fails or neglects to apply for such
authority within a reasonable time after the necessity therefor arises, the board
of sujjervisors may grant such authority to another.

2855. How lands acquired for use of bridge or ferry.

Sec. 2855. When there are lands necessary for the construction, erection, or
use of such bridge or ferry which cannot be procured bj' agreement between
the owner or corporation and the landowner, the right of way and all other
lands necessary for the use and construction or erection thereof may be ac-
quired by condemnation.

2856. Must post i-ates of toll.

Sec. 2856. Every licensed toll bridge or ferry must have the rates of toll, as
fixed by the board of supervisors, printed or written, posted up in some con-
spicuous place on or near the bridge or feiTy.

2857. Revenue derived from license, how disposed of.

Sec. 2857. The proceeds of the license tax on ferries and toll bridges must be*
paid into the county treasury for the use of roads and highways, or may be used
by the board of supervisors at any time in the purchase of toll roads and toll
bridges.

2858. To keep banks in repair.

Sec 2858. All ferry and toll bridge keepers must keep the banks of the
streams or waters at the landings of their ferries or bridges graded and in good
order for the j^assage of vehicles. For every day compliance herewith is
neglected twenty-five dollars is forfeited, to be collected for the use of the road
fund of the county.

AETICLE II.

TOLL BRIDGES.

2870. Application for leave to construct.

Sec 2870. Every applicant for authority to construct a toll bridge must pub-
lish a notice in at least one newspaper in each county in which the bridge or
any part of it is to be, or if no paper is published therein, in an adjoining
county, once in each week for six successive weeks, specifying the location, the
length and breadth of the bridge, and the time at which the application herein-
after required will be made. After notice is given, application must be made
to the board of supervisors of the proper county, at any meeting specified in the
notice, for authority to construct it.

2871. Hearing application.

Sec 2871. On the hearing, any person may appear and be heard. The board
may take testimony or authorize it to be taken by any judicial officer of the
county; and it may adjourn the hearing from time to time. A copy of the arti-
cles of incorporation, certified by the secretary of state, or by the clerk where
they are filed, must be attached to and filed with the application if made by a
corporation.

357

2872-2878 POLITICAL CODE.

2872. Adion of hoard of supei'visoj's.

Sec. 2872. If the board are of opinion that the public interests -svill be pro-
moted thereby, it may, by the assent of a majorit}' of all the members of the
board, grant the application by an order entered in its minutes, and particu-
larly describing the bridge. The applicant must cause a certified copy of the
order, with a copy of the application, to be recorded in the office of the clerk
of the county before jjroceeding under it.

[The following act, though by its title supplemental to an act which has been
sui)erseded, is supposed to be in force:]

An Act supplemental to an act entitled "An Act snpi^lementary to an act concerning public
ferries and toll bridges, ap])roved April 28, 1855," approved April -4, 1870.

Approved March 24, 1874; 1873-4, 581.

No bridges on certain i-iveis and slreayns.

Section 1. Boards of supervisors shall not have power to license bridges
across the Sacramento or San Joaquin rivers, the Petaluma, Napa, or Sonoma
creeks, except at points above the head of navigation on said streams.

Sec. 2. This act shall be in force from and after its passage.

2873. W}iat board of superviaors may require.

Sec. 2873. The board of supervisors may, at the time of granting authority to
construct a toll bridge, by order, require the bridge to be constructed within a
certain time, to be of a certain width, character, or description, and to be con-
structed of certain materials, which order must be complied with by the owner
or corporation constructing the same before license to take tolls is issued.

2874. Use ofhighicays.

Sec 2874. The corporation or bridge owner ma}' use, in such manner as pre-
scribed by the be ard, so much of any j^ublic road 'on either side of the stream or
waters as may be necessary for constructing and maintaining the bridge and
toll houses.

2875. Hoic constructed over navigable luaterfi.

Sec. 2875. All bridges constructed under this chapter crossing navigable
streams must be so constructed as not to obstruct navigation, and must have a
draw or swing of sufficient sj^ace or span to permit the safe, convenient, and
expeditious passage at all times of any steamer, vessel, or raft which msiy navi-
gate the stream or water bridged.

2876. Supervisors may regulate iveigld, number, and attendance.

Sec 287G. The board of supervisors may, by order, regulate and govern the
amount of weight and number of animals that may be driven on to a toll
bridge at any one time, and prescribe rules for the government of the draws or
swings and attendance of the same, and prescribe penalties for disobedience of
such rules.

2877. Channel of streams navigable by rafts to be kept clear.

Sec. 2877. Any one bridging a stream navigated or navigable must at all times
keep the channel above and below the bridge clear from all deposits occasioned
by its erection and prejudicial to such navigation, and is liable to pay to all
persons unreasonably hindered or delayed in passing such bridge with rafts
or vessels all damages sustained therebj'.

2878. Completion of bridge, rate of toll, and license tax.

Sec 2878. Every bridge erected under these provisions must have good and
substantial railings or sidings, at least four and a half feet high. When a bridge
is completed, and a certificate that it is so, and is safe and convenient for the
public use, is signed by the commissioner of highways or president of the

358

PUBLIC WAYS. 2878-2894

board of supervisors, find filed iu the eountj^ clerk's office in the county or
counties in which it is located, the directors or owner may erect a toll gate at
such bridge and require such tolls as the boards of supervisors of the county
or counties from time to time i^rescribe. A license therefor must be issued by
the auditor of the county on giving the necessary bond and paying the license
tax fixed therefor.

2879. Persons exempt.

Sec. 2879. Any person going to or from a funeral, school, performing high-
way labor, or attending a military jjarade, or court which by law he is required
to attend as a witness in a criminal case, is exempt from the j^ayment of tolls. •

2880. Penalty for avoiding tolls.

Sec. 2880. Any person liable to pay toll, forcibly or fraudulently passing the
gate of a toll bridge without paying the toll is liable to a penalty of ten dollars
iu addition to the damages caused, to be recovered by the owner.

2881. County may purchase toll bridge.

Sec. 2881. Within the same time, in like manner, and to the same effect as
toll roads are purchased under the j^rovisions of 'sections 2802 and 2803, the
county or counties, jointly acting, in which the same is situated, may purchase
a toll bridge constructed under the provisions of this chapter.

ARTICLE III.

TOLL FERRIES.

2892. Application for leave to erect, and notice.

Sec 2892. Every aj^plicant for authority to erect and take tolls on a public
ferry must publish a notice in at least one newspaper in each county in which
the ferry is or touches, or if there is no newspaper j)ublished therein, then in
one published in an adjoining county, and by posting three notices in three
public places in the township for four successive weeks, specifj'ing the location
and the time and j^lace when and where the apj)lication will be made. After
notice is given application must be made in writing, under oath, to the board
of supervisors of the proper county, the landings of the proposed ferry must
be described, and the names of the owners thereof given, if known; and if the
applicant is not the owner of the land, that notice of the application has been
sensed on the owner thereof at least ten days prior to the application.

2893. Duty of board of supervisors.

Sec. 2893. At the hearing, jjroof of giving the notice, as required by the
preceding section, must be made, and any person may appear and contest the
application. If the board finds that the ferry is either a public necessity or
convenience, and that the applicant is a suitable person, and by reason of own-
ership of the landing or failure of the owner thereof to apply is entitled thereto,
authority to erect and take tolls on the ferry may be granted to him for the term
of twenty years.

2894. Powers of board of supervisors.

Sec. 2894. The board of suj)ervisors may make all needful rules and regu-
lations for the government of ferries and ferry keepers, prescribing:

1. How many boats must be kept, their character, and how propelled;

2. The number of hands, boatmen, or ferrymen to be employed, and rules
for their government;

3. How many trips to be made daily;

4. When and under what circumstances to make trips in the night time;

5. AVho may be feri'ied free of toll;

6. In what cases of danger or peril not to cross;

859

289^2910 POLITICAL CODE.

7. Penalties for Tiolation of regulations;

8. In case of steamboats, the rate of s^^eed;

9. The method of and preference in loading and crossing; and,

10. How and by whom action must be brought to recover jDenalties.

2895. Penalties, how disposed of.

Sec. 2895. Penalties recovered under this article must be paid to the county
treasurer for the use of the general road fund of the county.

CHAPTEK V.

WHARVES, CHUTES, AND PIERS.

2906. Board of supervisors to authorize construction.

Sec. 290G. The boards of supervisors of every county in this state may grant
authority to any person or corporation to construct a wharf, chute, or pier, on
any lands bordering on any navigable bay, lake, inlet, creek, slough, or arm of
the sea, situate in or bounding their counties respectively, with a license to
take tolls for the use of the same for the term of twenty years.

2907. Application, ivhai to contain and hoiv made.

Sec. 2907. Application therefor must be made by publishing notice as
required in section 2892, and filing a petition in writing, containing:

1. The name and residence of the applicant; and if a corporation, a certified
copy of the articles of incorporation;

2. A map of the waters, and the name and location thereof, and of the
adjoining lands;

3. A plan of the wharf, chute, or pier proi:)Osed to be constructed, and of the
land within three hundred feet thereof;

4. The names of the owners of the lands, and the quantity thereof sought to
be used, and whether the right to use the same is or is to be acquired by the
appUcaut;

5. The distance it is proposed to extend the wharf, chute, or pier into the
waters ;

G. The estimated cost of the construction of the wharf, chute, or pier; and,
7. The time when the application will be made.

2908. What petition to contain, relative to lands not owned by applicant.

Sec. 2908. "When any lands are sought to be appropriated and used for a
wharf, chute, or inev, of which the applicant is not the owner, or the right of
way and use thereof has not been obtained by agreement, these facts and the
particular description of such land must be set forth in the petition of the
applicant, and a copy of the notice of application must be served on the owner
thereof by the sheriff of the county, whose official return is conclusive evidence
of service, at least ten days prior to the appointed day set for the hearing of
the same.

2909. J<!otice to he served on representatives of certain persons.

Sec. 2909. "When the owner of the land is a non-resident of the count}' it is
service of notice for the sheriff to leave a copy with the occupant or agent of
the owner; if none, then to place a cojiy in the post-office addressed to the
owner thirty days prior to the day set for the hearing. If the owner is a minor,
insane, idiot, or decedent, notice must be served on the guardian, adminis-
trator, or other legal representative of such person.

2910. Hoard to hear proof, and may grant authority.

Sec. 2910. On the day named in the notice, or to which the hearing is ad-
journed, the board of supers'isors must hear proof of publication and service of

3G0

PUBLIC WAYS. 2910-2916

notice; if satisfactory, the board must hear the allegations of the petition and
any objections to the granting of the application, and j)roofs in support of
each. If from the proofs it appear that the public good or convenience will be
promoted thereby, the board of supervisors may grant to the applicant the
right to erect or construct a wharf, chute, or pier as prayed for, and to take
tolls for the use of the same for the term of twenty years.

2911. Overflowed or tide lands granted.

Sec. 2911. The grant of authority made by the board of supervisors, as pro-
vided in the preceding section, conveys to the grantee or applicant the right of
way and all necessary use for the jjurposes of the wharf, chute, or pier, of any
of the overflowed, submerged, or tide lands belonging to the state, particularly
describing the quantity thereof in the order, as also the right of way over any
swamp, overflow^ed, marsh, or tide lands lying between the wharf, chute, or
pier and high or dry land, fifty feet in width, for twenty years.

2912. One hundred and Jifty feet on each side of wharf, etc.

Sec. 2912. The grant of authority herein provided for carries with it the
right to have unincumbered and unobstructed the land and water on each side
of the wharf, chute, or pier, from high watermark to navigable water, a distance
of one hundred and fifty feet, for the convenience of landing, loading, and
unloading vessels, but for no other purpose.

2913. Hoiv to obtain use of lands.

Sec. 2913. Authority to construct a wharf, chute, or pier being granted, the
grantee or applicant may procure from the owner the right of way and other
necessary incidental use for the wharf, chute, or pier, of any of his lands, by
proceedings had under Title VII, Part III, of The Code of Civil Proceduke.
Until such use of the lands held adversely is obtained by agreement, or by the
proceedings hereinbefore mentioned, there is no authority to construct a wharf,
chute, or pier, or to take tolls thereon.

[The part of the Code of Civil Procedure referred to will be found, post,
11,237.]

2914. Seventy five feet in width.

Sec 2914. The wharf, chute, or pier must not be of a greater width than
seventy-five feet, and may extend to navigable water, but not so far as in any-
wise to impede or obstruct the free navigation of the water on which the same
is situated.

2915. Franchise, what to constitute.

Sec. 2915. The orders granting authority, and agreements, contracts, deeds,
and decrees of courts granting the right of way and other use of lands, must
be filed and recorded in the office of the recorder of the county where the
wharf, chute, or pier is situate, and constitutes the franchise of the applicant.
The fees of the recorder, as also the fees of the clerk, sheriff, and other offi-
cers, for services rendered, must be paid by the applicant.

2916. Board of supervisors to fix rale of tolls, etc.

Sec. 2916. The board of supervisors must fix the rate of tolls or wharfage for
the use of the wharf, chute, or pier annually, which must not produce an in-
come of less than fifteen per cent, per annum nor more than twenty-five per
cent, per annum on the fair cash value of the wharf, chute, or pier, and on the
cost of rej^air and maintenance thereof exclusive of the amount paid for license
imposed by the next section. Such value and cost of repair and maintenance
to be fixed by the board of supervisors when levying the rates of tolls or wharf-
age, by hearing evidence and examining the assessment rolls of the county.
When fixed, the rates must be furnished the owner, and a printed or written

361

2916-2933 POLITICAL CODE.

coi^y thereof conspicuously posted on the wharf, chute, or pier. [Amendment,
approved March 2^, 1876; Amendments ISlo-Q), ^'2; took effect immediatehj }^'^

2917. License, and the tax for.

Sec. 2917. When the wharf, chute, or pier is completed and the tolls or
wharfage fixed, the ow'ner is entitled to a license to take the tolls thereon for
the term of one year, to be issued by the county auditor on the payment of such
license tax as the board of supervisors may fix, which, excej^t that for the first
year, must not be more than ten per cent, of the gross receipts for tolls or
"wharfage for the j)revious 3'ear, to be paid to the county treasury for general
road jDurjJoses.

2918. To keep in good repair.

Sec 2918. Any owner or keeper of a wharf, chute, or pier who takes toll or
wharfage for the use of the same when not in good repair, or is unsafe or dan-
gerous, forfeits the sum of twenty-five dollars, to be recovered by order of the
board of supei-visors granting authority to construct it, for the use of the gen-
eral road fund of the county, and is liable for all damages occasioned thereby.

2919. Ilestrictions on granting authority.

Sec 2919. No avithority must be granted under this chaj^ter to interfere with
vested rights, nor to interfere with or infringe grants heretofore made by state
authority; nor does authority to construct a wharf, chute, or pier continue for
a longer period than two years, unless the same is within that time comjDleted.

2920. Cities and toions incorporated exempted and authorized.

Sec. 2920. The lands of the state situate in the city and county of San Fran-
cisco, and those otherwise disposed of or situate within the limits of any incor-
porated town or city of this state, are excluded from the jDrorisions of this
ohai:)ter. The municij^al authorities of any incorporated city or town other
than San Francisco may grant authority to construct wharves, chutes, and piers,
as is herein provided fgr the board of supervisors.

CHAPTER VI.

MISCELLANEOUS PROVISIONS RELATING TO PUBLIC WAYS.

2931. Laics of the highway.

Sec. 2931. "When vehicles meet, the drivers of each must turn seasonably to
the right of the centre of the highway, so as to pass without interference, under
a penalty of twenty-five dollars for every neglect, to be recovered by the party
injured. "Where the. whole breadth of a roadway is not worked, the centre of
the worked part is to be deemed the centre of the highway. In time of snow,
where there is a beaten track, the centre of that is to be deemed the centre of
the highway. But this section does not apply to vehicles meeting cars running
on rails or grooved tracks.

2932. Driver addicted to intoxication.

Sec. 2932. No person must employ to drive any vehicle for the conveyance
of passengers upon any public highway a person addicted to drunkenness,
under penalty of five dollars for eveiy day such person is in his emi:)loyment.

2933. Notice to employer of driver's intoxication.

Sec 2933. If any driver, whilst actually employed in driving any such
vehicle, is intoxicated to such a degree as to endanger the safety of his pas-
sengers, the owner, on receiving from any such passenger a written notice of

(a) The oriffinal (section did not have the words " nor posed by the next Bection," nor the words " and cost of
more than twcntj'-five per cent, per unnuru," nor tho repair and niaintennnce." Instead of " and on " It had
words " exclusive of the amount paid for license im- the word " including."

3G2

PUBLIC WAYS. 2933-2938

the fact, verified by liis oath, must fortlnvitli discharge such driver; and if ho
has such driver in his service within six months after such notice he incurs a
like i)enalty.

2934. Horses to he fastened ivliile standing.

Sec. 2934. The driver of any vehicle used to convey passengers must not
leave the horses attached thereto while passengers remain in the same without
first securely fastening the horses or jDlacing the lines in the hands of some
other person, so as to prevent their running, under a penalty of twenty dollars
for each offense.

2935. Penalties, hoiv and by whom recovered.

Sec. 2935. The jDcnalties provided by the three preceding sections are to be
recovered by the district attorney of the county in which the offender resides,
for the use of the county road fund. Any action for a penalty incurred under
the last section must be commenced within six months.

2936. Liability of oioners for damages done by drivers.

Sec 2936. The owner of every vehicle running or traveling upon any road
for the conveyance of passengers is liable for all damages to persons or prop-
erty done by any person in his employment as a driver while driving such
vehicle, whether done willfully or negligently, or otherwise, in the same man-
ner as such driver would be liable.

2937. Exceptions to iweceding sections.

Sec. 2397. Nothing contained in the six preceding sections must affect any
law concerning hackney coaches or carriages in any city, nor affect laws or ordi-
nances of any city for the licensing or regulating such coaches or carriages.
2933. Protection of bridges.

Sec. 2938. The owner of any toll bridge and any plank road company owning
a bridge of not less than twenty feet sjian may j)ut up conspicuously at each
end of it notice in these words in large characters: " Five dollars fine for riding
or driving on this bridge faster than a walk; " and whoever rides or drives faster
than a walk on such bridge forfeits to the owner the sum of five dollars.

363

2949-2950 POLITICAL CODE.

TITLE VII.

<5t\mai JJolirc of tl)e Stale.

Chapter I. Immigration 2949

II, Preservation of the Public Health 2978

m. Registry of Births, Marriages, and Deaths 3074

IV. Dissection 3093

V. Cemeteries and Sepulture ... 3105

VI. Lost and Unclaimed Property 3136

VII. Marks and Brands 3167

VIII. Weights and Measures 3209

IX. Labor and Materials on Public Buildings 3233

X. Hours of Labor 3244

XI. Time 3255

XII. Monet of Account 3272

XIII. Auctions 3284

XIV. Fires and Firemen 3335

XV. Licenses 3356

CHAPTER I.

IMMIGRATION.

2949. Duties of masters of vessels arriving in California.

Sec. 2949. Within twenty-four hours after the arrival of any vessel arriving
at any of the ports of this state, bringing j^assengers from any j^lace out of this
state, the master of such vessel must make on oath to the commissioner of
immigration at such port a written report.

2950. Form of report.

Sec. 2950. The report must state:

1. The name, place of birth, last residence, age, and occupation of all such
passengers who are not citizens, or who shall have, within the last preceding
twelve months, arrived from any country out of the United States, and who
have not been examined, bonded, or paid commutation money, as provided in
this chapter, or have been landed from any such vessel, at any place during her
last voyage, or who 'have gone on board of any vessel with the intention of
coming into this state, or who may have died during the last voyage of such
vessel; and,

2. Whether any of the j^assengers so reported are lunatic, idiotic, deaf, dumb,
blind, crippled, infirm, or are lepers, or persons affected with any of the diseases
known as leprosy or elephantiasis;

3. The names and residences of the owners of such vessel. [Amendment,
apjjroved March 25, 187G; Amendments 1875-G, 53; took effect immediately.'-''^

(o) OriRlnal section: Idiotic, deaf, dumb, blind, crippled, or infirm, and not

Sec. 'ii950. The report must state: accompanied by any relatives able to support them. 3.

1. The name, place of birth, lust residence, age and Who may have died during the last voyage of such

occupation of all such passengers who are not citizens, vessel; and 4. The name and residence of the owner

or who shall have, within the last preceding twelve of such vessel.

months, arrived from any country out of the United It was jireviously amended by act of March 30,1874;

States, and who have not been bonded or paid commu- Amendnniits lH7;i-4, if."}, so as to make three subdl-

tatiou money, as provided in this chapter, as have been visions, by adding the words of tlie third to the end of

landed from any such vessel at any place during her the first as in the text, and by adding to the end of the

last voyage, or who have gone on board of any vessel second the words " or are lewd or abandoned women;"

•with the intention of coming Into this state. 2. In other respects it was like the original.
Whether any of the passengers bo reported are lunatic,

364

GENERAL POLICE OF STATE. 2951-2954

2951. Oath to be administered to certain passengers.

Sec. 2951. The master or commander of the vessel must administer to any
passenger of foreign birth, who declares himself a citizen of the United States,

the following oath : " I, , do solemnly swear (or aiSrm) that I was Lorn

in ; that I am a naturalized citizen of the United States; that I was natural-
ized and received my certificate of natui'alization in the state of , in the

year ."

[Sees. 2952 and 2953, as originally adopted/"' were repealed by act approved
March 30, 1874; Amendments 1873-4, 39, and a single new section substituted
in their place. This substituted section was amended in 187G, as follows:]

2952. Lazarettos for lepers.

Sec. 2952. It shall not be lawful for lepers or persons affected with leprosy
or elephantiasis to live in ordinary intercourse with the population of this state;
but all such persons shall be compelled to inhabit such lazarettos or lepers'
quarters as may be assigned to them by the board of supervisors of the city or
county in which they shall be domiciled or settled; and the board of super-
visors are vested with power and are required to make all necessary provisions
for the separation, detention and care of lepers or persons affected with leprosy
or elephantiasis settled or domiciled in their respective cities or counties. The
superintendent or manager of all lej^ers' quarters under this chapter shall
forward quarterly statements, showing the name, age, sex, and birthplace of each
lejDer in such quarter to the secretary of state, who shall keep a proper record
of such matters for the information of the public. [Amendment, approved
March 25, 1876; Amendments 1875-6, 53; took effect immediately.'-^^

2954. Nature of bond.

Sec 2954. The bond required by the next preceding section must be a sep-
arate bond for each passenger, and the same sureties must not be upon more
than one bond. Each bond must be secured by two or more sufficient sureties,
residents of the state, each of whom must prove, before the commissioner of

(o) Repealed Bections: charge, or likely soon to become bo. or is a convicted
Sec. 2952. The commissioner of immigration, by an criminal, or a lewd or debauched woman; no person
Indorsement on the report, may require the owner or who shall belong to either class, or who possesses any
consignee of the vessel from which such passengers of the infirmities or vicfs specified herein, shall be
have been landed to give a joint and several bond to permitted to land in this state, unless the master,
the people of the State of California, in a penalty of owner or consignee of said vessel shall give a joint and
five hundred dollars, for each passenger included in several bond to the people of the State of California, in
Buch report, conditioned to indemnify and save harm- the penal sum of five hundred dollars in gold coin of
less every county, town or city, in this state, against all the United States, conditioned to indemnify and save
costs and expenses which may be by them necessarily harmless every county, city and county, town and city
Incurred for the relief, support or medical care of the of this state against all costs and expenses which may
persons named in the bond, within two years from the be by them necessarily incurred for the relief, sup-
date of such bond. port, medical care, or any expense whatever, resulting
Sec. 29r)3. Whenever there is among the passengers from the infirmities or vices herein referred to, of the
any lunatic, idiot, deaf, dumb, blind, cripple or infirm persons named in said bonds, within two years from
person not members of families, or who are likely to the date of said bonds; and the commissioner of immi-
become permanently a public charge, or who have gration shall receive from the master, owner or con-
been paupers in any other country, or who from sick- signee of every vessel which shall bring any passen-
ness or disease existing either at the time of sailing gers (who are of foreign birth and not naturalized)
from the port of departure or at the time of their ar- from any foreign port or place, the sum of seventy
rival in this state are a public charge, or likely soon to cents for every passenger examined by him as afore-
become so, the commissioner, in his indorsement, or said, which said sum shall be appnipriated by said
by a subsequent indorsement (made at any time within commissioner as fees and compensation for said ser-
twenty davs after the landing of such passenger), vices; and if such sum shall not be paid within three
must require, in addition to the bond provided for by days after the arrival of said vessel, the commissioner
the preceding section, that the owner or consignee of may bring suit at law to recover the same against the
Bueh vessel execute for every such passenger a further master, owner, consignee and vessel, or either of them,
bond, joint and several, to the people of this state in jointly or severally, for the recovery of said sum, and
the sum of one thousand dollars, conditioned and se- every judgment thus obtained against said parties shall
cured in the same manner as the bond in the preceding be a lien upon said vessel ; and if the master, owner or
section. consignee of said vessel shall fail or refuse to execute
(6) Original substituted section: the bond herein required to be executed, they are re-
Sec. 29.52. The commissioner of immigration, to sat- quired to retain such person on board "' snul vessel
iBfy himself whether or not any passenger who shall until said vessel shall leave the port, and then con-
arrive in this state by vessels from any foreign port or vey said passengers from this state; and if said mas-
place (who is not a citizen of the United States), is ter, owner, or consignee shall lailor refuse to pertorm
lunatic, idiotic, deaf, dumb, blind, crippled or infirm, the duty and service last herein enjoined, or shall
and is not accompanied by relatives who are able and permit said passengers to escape from said vessel and
willing to support him, or is likely to become perma- land in this state, they shall forfeit to the state the
nently a public charge, or has been a pauper in any sum of five hundred dollars m gold coin of the United
other country, or is, from sickness or disease existing States for each passenger so escaped, to be recovered
either at the time of sailing from the port of departure by suit at law.
or at the time of his arrival in this state, a public

365

2954-2955 POLITICAL CODE.

immigration, by oatli or otlierwise, iuclorsed in writing on such bond, that be is
a freeholder and resident of the state, and is worth doulile the amount of the
penalty of the bond in real estate, over and above all his debts and liabilities.
The bond may, at the option of the party, be secured by mortgage on real
estate, or by the pledge and transfer of United States bonds, or controller's
warrants of this state, in any amount sufficient to secure the same. [Amend-
ment, approved March ZO, 1874; Amendments 1873-4, 41; took effect immediatehj}^'^

[Sec. 2955, as originally adopted,^''^ was repealed by act approved March
30, 1874; Amendments 1873-4, 41; took effect immediately; but it was re-
enacted and amended in 1876, as follows:]

2955. Examination and disposition of lepers — Fees.

Sec. 2955. The commissioner of immigration must satisfy himself whether or
not any j^erson who shall arrive in this state, by vessel from any foreign j)ort
or place, is a leper, or affected with the disease known as leprosy or elephan-
tiasis, before such person shall mingle with the population of this state. For
the purjDOse of ascertaining said fact the commissioner is vested with the power
and authority to detain all such persons on board any such vessel so arriving,
and to assign the vessel to a berth or anchorage separate and aj)art from other
vessels, and at a safe and suitable distance from the shore, if in his judgment it
shall be necessar}', until such fact can be fully ascertained by him. Such fact
shall be ascertained by personal inspection and examination of each and every
person on board such vessel; and the commissioner of immigration is author-
ized, empowered, and required to make such i:)ersonal inspection and examina-
tion of all persons so arriving by any such vessel, the same to be made at such
berth or anchorage as he shall, in his discretion, assign to such vessel for that
purpose, and shall be made before the landing of any person thereupon. All
of such jiersons who, upon inspection and examination, are found to be lepers,
or affected with the disease known as leprosy or elephantiasis, «hall be taken in
charge by the commissioner of immigration, and placed in a suitable lazaretto,
or lejjers' quarter, to be provided or designated b}^ the board of su2)ervisors,
whenever necessary for that j)urj)Ose, as hereinbefore prescribed, and there
detained and j^roperly cared for, separate and apart from the general population
of this state, so long as they, the said lepers, shall elect to remain in the State
of California, or until they shall have recovered from said disease, and no
longer. All of such persons as shall be found to be free from said disease shall
be allowed to depart and go at their will, without unnecessary detention or
delay, and shall be entitled to receive a certificate of the fact of their freedom
from said disease from said commissioner. For his services in making such
examination and inspection the commissioner of immigration shall demand and
collect from the master, owner, or consignee of such vessel the sum of seventy
cents in U. S. gold X)r silver coin, for each and every person so examined or
inspected, which sum, except four thousand dollars a year and expenses of
office, shall, when required for such purpose, be paid by the commissioner into
the state treasuiy, to be used in the maintenance, when necessary, of such
lazarettos or lepers' quarters as shall be constructed under this law. Any
master, owner, or consignee of any vessel arriving at any port of this state who
shall fail or refuse to perform, or permit the performance of any of the acts or

(a) The original section had the -words " either of every pnssenger reported. Upon the payment of such

the two next preceding sections," instead of "the next commutation money and filing with the controller of

preceding so-tion." Btato the nueipt of the coiiiniiHHiouer tliirtfor liy ihe

[h) Repfaled section: party piiying the same, such party Khiill not be required

Seo. 'i'JSS. Within three days after the landing of to give bomls. The controller of state must tile such

such pnssenger from any vessel the master or com- receipts in his office, and compare the same with the

mander, the owner or consignee of the vessel, may accounts of the several conimissiouers of immigra-

4ommute for the bonds required by this chajjter by tion, when rendered mouthly.
aying to the commissioner the sum of five dollars for

3G6

GENERAL POLICE OF STATE. 2955-2958

tilings required by this chapter, or to take and occupy with his vessel the berth
or anchorage assigned for the same by the commissioner, pending the examina-
tion and inspection herein provided for, or who shall permit or allow any
person arriving in such vessel to depart therefrom, and to communicate,
mingle, or associate with the population of this state, or any part thereof, until
after such examination and inspection by the commissioner is had, sliall for
every such act or omission forfeit to the commissioner of immigration the sum
of one thousand dollars in U. S. gold coin, to be sued for and recovered by
suit in any court of competent jurisdiction, and to be applied in like manner
with the fees. And any master, owner, or consignee of any such vessel bo
arriving, who shall refuse or neglect to pay or cause to be paid to said commis-
sioner the fee of seventy cents for the examination and inspection of each and
every person so arriving in such vessel, shall forfeit to said commissioner for
each case the sum of five hundred dollars in U. S. gold coin, to be recovered
and applied as above. And the commissioner shall have a lien upon the vessel,
and the same shall be sold to pay any judgment recovered under this act. The
commissioner shall have the power to call in the aid of the sheriff and allpolice
authorities to assist in enforcing this law. And he may appoint one or more
deputies under him, who shall be invested with all the powers of the commis-
sioner, and may discharge his official duties when required by him. The
commissioner of immigration must prepare and transmit to the secretary of
state, quarterly statements, certified under his hand and seal, showing the
name, age, sex, birthplace, and present residence of every leper or person
affected with leprosy or elephantiasis, examined or inspected by him, as well as
any other information or fact touching the character and prevalence of said
disease within his knowledge. [Re-enactment and amendment, approved March
25, 1876; Amendments 1875-6,' 53; took effect immediately.

2956. Action on bond.

Sec. 2956. If any person for whom a bond has been given under this chap-
ter within the time specified in such bond, becomes chargeable upon any city,
town, or county of this state, an action may be brought upon such bond in the
name of the people of this state, by the district attorney of the county. The
plaintiff in the action is entitled to recover uj)on such bond, from time to time,
so much money, not in the whole exceeding the penalty of such bond, exclu-
sive of costs, as may be sufficient to defray the expense incurred by any such
city, town, or county, for the maintenance and support of the j)erson for whom
the bond may have been given. The amount of such recovery may be collected
from the sale of the real estate or other security mortgaged, pledged, or depos-
ited therefor, in conformity with this chapter.

2957. Penally for neglect to give bond.

Sec. 2957. If any person or consignee neglects or refuses to give any of the
bonds required by this chapter within three days after the landing of such pas-
senger, or the indorsement of the commissioner, or does not within that time
make the commutation authorized by section 2955, he is liable to the State of
California in the penal sum of one thousand dollars for each passenger on whose
account such bond may have been required, or for whom such commutation
might have been made under this chapter.

2958. Commutation fund, where to be placed.

Sec. 2958. All moneys received in commutation of bonds, and paid into the
state treasury, must be i^laced to the credit of the general fund. [Amendment,
approved March 7, 1874; Amendments 1873-4, 132; took effect immediately.^"^

[ai The original section after " must be " had the foUowing words, " aijpropriatcd for the support and mainr
tenance of the indigent sick." ^

367

2959-29G3 POLITICAL CODE.

2959. Fines and penalties, lien on vessel.

Sec. 2959. For all fines aud penalties imposed by this cliapter upon any
master or commander, owner or consignee, for any omission, neglect, or re-
fusal to perform any act or duty required by this cliajiter, such vessel is liable;
and the amount of such fines or jDenalties are a lien upon such vessel, and have
priority over all other liens, except those for seamen's Avages, bottomry bonds,
and respondentia. Such i^enalties and fines may be sued for and recovered in
a civil action, with costs of suit, by the commissioner, or by his authorized
attorney, in the name of the people of the State of California, in any court
having- cognizance thereof, and when recovered must, after deducting the ex-
penses, be paid into the state treasury.

2960. OtluT commutations.

Sec 29G0. The commissioner may compound or commute, for any of the
penalties or fines, upon such terms as he thinks j)roper, and at the end of every
month repoii to the controller of state the reasons and causes of such comj^ound-
ing or commutation. He may also compound or commute with the owner or con-
signee of any vessel, for any bond required to be given by such owner or con-
signee for such passengers as have been paupers in any other country, or who,
from their condition at the time of their arrival in this state, or from sickness
or disease at the time of their leaving the port of departure, are a public charge,
or likely soon to become so; such commutation to be fixed by the commissioner
at siich sum as he may deem sufficient to defray the necessary expenses of such
persons during the continuance of their then sick, disabled, or infirm state.

2961. Commutation money to be paid into state treasury.

Sec. 2961. The commissioner receiving any commutation money, or any
moneys from fines or penalties, under this chapter, must account for and pay
the same, less twenty per cent., which he may retain as his compensation, on
the first Tuesday of every month, to the treasurer of state, in the same manner
in which county treasurers account. He must specify in his account the names
of the parties paj-ing each sum of money, the date of such jDayment, for what
paid, or the name of the vessel and the number of passengers on account of
whom it was paid, or annex thereto an affidavit of its correctness. The com-
missioner must also furnish to the parties paying any commutation money, or
any money from other sources, receipts in duplicate, specifying the amount
paid, the name of the vessel and the number of passengers on account of whom
or for what it was paid. [Amendment, apiproved March 30, 1874; Amendments
1873-4, 41; took effect immediately. '■°->

2962. Certain vessels exempted.

Sec. 2902. Masters of vessels arriving at any of the ports of this state from
any port in this state, or from Oregon, or "Washington territory, are exempt
from making the statement required by this chajiter when the vessels in which
the}' arrive have not taken on board at their port of departure, or at any inter-
mediate port, any alien passenger, to pe landed at the port of arrival; and mas-
ters of vessels ariuving from Panama are also exempted from the provisions of this
chapter when they have not landed, or are not about to land, passengers who
took their departure from ports other than the port of New York; and in no case
must such master l.)e required to rejiort any passenger other than way passen-
gers taken on board between the port of New York and the port of arrival in
this state.

2963. Certain persons exempted.

Sec. 2963. The consuls, ministers, agents or other public functionaries of any

(a) The original aection after the words " flius or penalties," had the wordB " or other sources."

368

GENEKAL POLICE OF STATE. 2963-29G8

foreign government, arriving in this state in their official capacity, are exempt
from the provisions of this chapter.

2964. Poivers and duties of commissiovers of immigralion.

Sec. 2964. The commissioner of immigration must approve all bonds and
administer all oaths required in the discharge of his duties. Whenever it appears
that the master or commander of any vessel has not made a full and correct
rej)ort, as provided by this chapter, the commissioner must inquire into the
same, and for that purpose may require the attendance of witnesses before him
in the same manner as notaries public may in civil cases. Testimony so taken
may be read as evidence on the trial of any action commenced for any penalty
or forfeiture accruing under the provisions of this chapter in the same manner
and with the like effect as if regularly taken in such action.

2965. Same and fees.

Sec. 2965. The commissioner of immigration must prepare all bonds required
to be given by the owners or consignees, masters, captains, or commanders of
vessels, and administer the oaths to the sureties upon such bonds, and for each
bond he may charge and collect a fee of three dollars, and for the administra-
tion of each oath he may charge one dollar; and if he neglects to administer
the oath to such sureties, or to require them to justify on each bond, as required
herein, or if he demands or receives any other or larger fees, commissions, or
compensation for services than is expressly allowed in this chapter, he shall pay
to the State of California the penal sum of one hundred dollars for each offense.

2968. Ex officio coniviissioners.

Sec. 2966. In all ports in this state, other than San Francisco, the mayor or
chief municipal officer at such port, or if there be none such, then the sheriff
of that county is ex officio commissioner of immigration for such port, and in
carrying out the provisions of this chapter, and has all the powers and is liable
to all the penalties provided herein.

2967. [Sec. 2967^"^ was repealed by act, approved March 30, 1874; Amend-
ments 1873-4, 42; took effect immediately.]

2968. Bond of commissioner.

Sec. 2968. The commissioner of immigration for the port of San Francisco
must execute an official bond in the sum of twenty-five hundred dollars.
{Amendment, approved March 25, 1876 ; Amendments 1875-6, 53 ; took effect
immediately.'-^^

CHAPTEK II.

PRESERVATION OF PUBLIC HEALTH.

Aeticle I. State Board of Health 2978

II. Vaccine Agent 2993

III. Health and Quarantine Regulations for the City and Harbor or San

Francisco 3004

IV. Health Eegulations for the City of Sacramento 3042

V. Health and Quarantine of other Cities, Towns, and Harbors 3059

fa) Repealed section: pensatlon for his services, and the other three fourths

Sec. 2967. The district attorney of any county in must be paid into the county treasMyof the county,

which the provisions of this chapter may be violated to be paid into the state treasury for state piirposes.

must collect and enforce the payment of all penalties (6) The original section instead of "hundred, had

to the state incurred hereunder. One fourth of the the word " thousand."

money so collected must be retained by him as com-

24 369

2978-2993 POLITICAL CODE.

ARTICLE L

STATE BOARD OF HEALTH.

2978. Who co7isiifuics (he stale board.

Sec. 2978. The state board of health consists of seven physicians — two of the
city of Sacramento, and five from other portions of the state — appointed by the
governor for the term of four years.

2979. Duties.

Sec. 2979. The state board of health must place themselves in communication
with the local boards of health, hospitals, asylums, and public institutions
throughout the state, and take cognizance of the interests of health and life
among the citizens generally. They must make sanitary investigations and
inquiries respecting the causes of disease, especially of epidemics, the source
of mortality', and the effects of localities, emj^loyments, conditions, and circum-
stances on the public health, and gather such information in respect to these
matters as they may deem proper for diffusion among the people. They may
devise some scheme whereby medical and vital statistics of sanitary value can
be obtained, and act as an advisory board to the state in all hygienic and medical
matters, especially such as relate to the location, construction, sewerage, and
administration of prisons, hospitals, asylums, and other public institutions.
They must, at each biennial session of the legislature, make a report, with such
suggestions as to legislative action as they deem proper.

2980. To report rts to the effect of intoxicating liquors.

Sec. 2980. The board must examine into and report what, in their best jridg-
ment, is the effect of the use of intoxicating liquor as a beverage upon the
industry, prosperity, happiness, health and lives of the citizens of the state;
also, what legislation, if any, is necessary in the premises.

2981. Tiiyie and place of meeting — President and secretary.

Sec. 2981. The board must meet at the capital of the state, at least once in
every three months. They must elect from their own number a president and
a permanent secretary; the latter must reside at the capital, and is their execu-
tive officer. No member, except the secretar}^, receives any compensation; but
the actual traveling expenses of the members, while engaged in the duties of
the board, are allowed, and paid out of the general fund.

2982. Duties of secretary, and salary.

Sec. 2982. The secretary must superintend the work and perform such other
duties as the board may require. He must furnish the legislature, when in
session, such information cognate to this chapter as, from time to time, may be
necessary. An annual salary of twenty-five hundred dollars, and his office and
other necessary expenses incurred in the performance of his duties, must be
paid to him in the same manner as salaries of state officers are paid.

2983. Kvpenses of, limited.

Sec. 2983. The expenses of the board, including the salary of the secretary,
must not exceed four thousand dollars per annum. '

ARTICLE 11.

VACCINE AGENT.

2993. Agent to ohtain gemdne raccine matter.

Sec. 2993. The vaccine agent must obtain a supply of the genuine vaccine
matter, and preserve the same for the use and benefit of the citizens of this
state.

370

GENEEAL POLICE OF STATE. 2994-30[]9

2994. Compensation and duly of.

Sec. 2994. Such agent must furnish genuine vaccine matter, approved hy tlio
state board of health, to any reguL'ir practicing physician in good standing in
his profession in this state. He may charge and receive for eveiy parcel of
vaccine matter furnished the sum of five dollars, which is in full compensation
for his services and expenses.

ARTICLE III.

HEALTH AND QUARANTINE REGULATIONS FOR THE CITY AND HARBOR OF SAN FRANCISCO.

3004. Quarantine grounds, location of.

Sec. 3004. The cjuarantine grounds of the bay and harbor of San Francisco
are at the anchorage of Saucelito.

3005. Board of health of San Francisco, how constituted.

Sec 3005. The board of health of the city and county of San Francisco con-
sists of the mayor of the city and county, and four physicians in good standing
residing in the city and county of San Francisco, appointed by the governor,
and holding their offices for the term of five years.

3006. Mayor ex officio president — Time of meeting .

Sec. 3006. The mayor is ex officio president of the board. The board must
meet monthly, and at such other times as the president may dii'ect. In the
absence of the president, the board may elect a chairman, who is clothed with
the same powei^s as the president.

3007. Health officer — His election.

Sec 3007. The health officer for the city and county and port of San Fran-
cisco is elected by the board of health, and holds office at its pleasure. He
must be a graduate of some medical college, in good standing, and must reside
within the city limits of San Francisco.

3008. Poxvers.

Sec 3008. The health officer may perform all acts which quarantine officers
are usually authorized to perform, and he is the executive officer of the board of
health.

3009. Deputy health officer, etc., to he appointed.

Sec. 3009. The board of health must appoint a deputy health officer, who
shall be a physician in good standing ; a secretary, two health inspectors, one
market inspector, and one messenger, whose duties must be fixed by the health
officer. They must also appoint one resident physician, one assistant resident
physician, one steward, one matron, one first aj)othecary, one second apothe-
cary, two visiting physicians, two visiting surgeons, as officers of the city and
county hospital, in and for the city and county of San Francisco. One each of
said visiting j)hysicians and surgeons to be nominated by the faculty of the
medical dei^artment of the university of California, and one each of said visit-
ing physicians and surgeons to be nominated by the medical college of the Pa-
cific. The said board shall also have the i:)ower to appoint one superintendent,
one resident physician, one matron, and such other employees as are now au-
thorized by law to be employed in and for the almshouse in said city and county.
The appointing power aforesaid is vested solel}' in said board of health, and
said board shall have power to prescribe the duties of said api^ointees and to
remove the same at pleasure. [Amendment , approved March 23, 1874; Amend-
ments 1873-4, 132 ; took ef'ect from passage ; repealed conflicting acts.'-"^

[See also amendatory act under next section.]

(a) The origiDal Bection consisted of the first sentence alone.

371

3010 POLITICAL CODE.

3010. Compensation of health officers.

Sec. 3010, The follo-u-ing annual salaiies are hereby allowed to the officers of
the health department and such other officers as are mentioned in section one
of this act, viz. : health officer, twentj-foui- hundred dollars ; deputy' health offi-
cer, eighteen hundred dollars ; secretary-, two thousand and one hundred dol-
lars ; health inspectors, one thousand and two hundred dollars each ; market
inspector, one thousand and two hundred dollars ; messenger, nine hundred
dollars. All of said salaries must be paid in equal monthly installments, out
of the general fund of the city and county of San Francisco, in the same man-
ner as the salaries of the other officers of the said city and county are paid.
There shall be jDaid to the officers and employees of the city and county hospi-
tal, and almshouse, the following annual salaries, viz. : resident physicians, two
thousand and four hundred dollars ; assistant resident phj'sicians, fifteen hun-
dred dollars ; steward, tifteen hundred dollars ; matron, seven hundred and
twenty dollars ; first apothecary-, twelve hundred ; second apothecary, six hun-
dred ; visiting physicians and surgeons, twelve hundred dollars each ; superin-
tendent of almshouse, eighteen hundred dollars ; resident physician of alms-
house, fifteen hundred dollars ; matron of the almshouse, six hundred dollars ;
and all other employees of said institutions are to be paid such sums as are now
authorized by law, all to be paid in equal monthly installments out of the hos-
pital and almshouse fund of said city and county of San Francisco. And the
auditor of said city and county is tereby directed to audit the said demands,
payable out of the funds aforesaid, upon the apj^roval of the same by the said
board of health, and also to audit all demands for salaries of medical attendants
and emploj-ees, appointed by the board of health in accordance with this chaj)-
ter, for the amounts authorized by law- to be paid when the same shall have been
approved by said board. [Amendment, approved March 23, 1874 ; Amendments
1873-4, 133 ; took effect from passage ; repealed conflicting acts}^^

[The "section one of this act," mentioned in the foregoing amendment,
refers to tbe amendment of the preceding section 3009. Both sections were
further amended by the following act:]

An Act to amend an act entitled "An Act to amend sections 3009 and 3010 of the Political
Code," approved March 23, 187-i.

Approved March 30, 1874; Ameudmeuts 1873-4, 135.

Appointmertt of city physician.

Section 1. The board of health of the city and county of San Francisco shall
alone have the poAver to appoint one city physician, who shall receive an annual
salary of nine hundred dollars, which must be paid, in equal monthly install-
ments, out of the general fund of the city and county of San Francisco, in the
same manner as the salaries of the other officers of said city and county are
paid.

Appointment of emjyloyees.

Sec 2. The said board of health of the city and county of San Francisco
may, in their discretion, appoint one engineer and i:)lumber, one first cook, sec-
ond cook, one third cook, one baker, one butcher, one clerk and interpreter,
one ambulance driver, one gatekeeper, one dresser and sixteen nurses, as em-
ployees and medical attendants of the city and county hospital of San Francisco.
Salaries.

Sec. 3. The following monthly salaries are hereby allowed to said employees
and medical attendants mentioned in section 2 of this act: Engineer and plumber,

(a) The ori(»lnal section provided for the snme com- first two sentences, down to and including the words
pensationto bs paid to the olficers mentioned in the "of the said city and county are paid."

372

GENERAL POLICE OF STATE. 3010-3015

per montli; first cook, $70 per month; second cook, $40 per raontli; tLird
cook, $35 per montli; baker, $75 per montli; butcher, $40 per month; clerk and
interpreter, $40 per month; ambulance driver, $40 per month; dresser, $50 per
month; nurses, $40 per month each. All of said sums must be paid monthly
out of the hospital and almshouse fund of said city and county of San Fran-
cisco, and the auditor of said city and county is hereby directed to audit the
said demands payable out of the fund aforesaid, upon the approval of the same
by the said board of health.

Sec. 4, This act shall take effect and be in force from and after its passage.

3011. Expenses of health officer.

Sec. 3011. The health of&cer, in addition to his salary, receives such sums for
the necessary exjDenses of his office as the board of health may direct, and the
auditor must audit and the treasurer pay such sums out of the general fund.
The board of supervisors must provide proper offices for the health department.

3012. General powers of hoard of health.

Sec. 3012. The board of health have general supervision of all matters apper-
taining to the sanitary condition of the city and county, including the city and
county hospital, the county jail, almshouse, industrial school, and all public
health institutions provided by the city and county of San Francisco; and may
adopt such orders and regulations, and appoint or discharge such medical attend-
ants and emiDloj^ees, as to them seems best to promote the public welfare; and
may apipoint as many health inspectors as they deem necessary in time of
epidemics.

3013. Shipmasters to report infected vessels.

Sec. 3013. Shipmasters bringing vessels into the harbor of San Francisco,
and masters, owners, or consignees having vessels in the harbor which have on
board any cases of Asiatic cholera, smallpox, yellow, typhus, or ship fever, must
report the same, in writing, toihe health officer before landing any passengers,
casting anchor, or coming to any wharf, or as soon thereafter as they, or either
of them, become aware of the existence of either of these diseases on board of
their vessel.

3014. Fasserigers and freight not to be landed without permit .

Sec. 3014. No captain or other officer in command of any vessel sailing under
a register arriving at the joort of San .Francisco, nor any owner, consignee,
agent, or other person having charge of such vessel, must, under a penalty of
not less than one hundred dollars nor more than one thousand dollars, land or
permit to be landed any freight, passengers, or other persons from such vessel
until he has reported to the health officer, presented his bill of health, and
received a permit from that officer to land freight, passengers, or other persons.

3015. Duties of pilots.

Sec 3015. Every pilot who conducts into the port of San Francisco any vessel
subject to quarantine or examination by the health officer, must:

1. Bring the vessel no nearer the city than is allowed by law;

2. Prevent any person from leaving and any communication being made with
the vessel under his charge until the health officer has boarded her and given
the necessary orders and directions;

3. Be vigilant in preventing any violation of the quarantine laws, and report
without delay all such violations that come to his knowledge to the health
officer;

4. Present the master of the vessel with a printed copy of the quarantine
laws, unless he has one;

5. If the vessel is subject to quarantine by reason of infection, place at the
mast-head a small yellow flag.

373

3016-3021 POLITICAL CODE.

3016. Penaltyfor neglect of masters of vessels to comply lolih sanitary regulations.
Sec. 3016. Every master of a vessel, subject to quarantine or visitation by tbe

health officer, arriving in the jiort of San Francisco, who refuses or neglects
either :

1. To proceed uith and anchor his vessel at the place assigned for quaran-
tine, when legally directed so to do; or,

2. To submit his vessel, cargo, and passengers to the health officer, and
furnish all necessary information to enable that officer to determine what quar-
antine or other regulations they ought, respectively, to be subject; or,

3. To report all cases of disease, and of deaths occurring on his vessel, and
to comply with all the sanitaiy regulations of the bay and harbor;

— Is liable in the sum of five hundred dollars for every such neglect or refusal.

3017. Vessels from infected ports, etc., subject to quarantine.

Sec. 3017. All vessels arriving off the port of San Francisco from ports Avhich
have been legally declared infected ports, and all vessels arriving from ports
where there is prevailing, at the time of their departure, any contagious, infec-
tious, or pestilential diseases, or vessels with decaying cargoes, or which
have unusually foul or offensive holds, are subject to quarantine, and must be
by the master, owner, pilot, or consignee reported to the health officer without
delay. No such vessel must cross a right line drawn from Meiggs Avharf to
Alcatraz island until the health officer has boarded her and given the order
required by law.

3018. Examination and inspection of vessels by health officer.

Sec 3018. The health officer must board every vessel subject to quarantine
or visitation by him, immediately on her arrival, make such examination and
inspection of vessel, books, papers, or cargo, or of persons on board, under
oath, as' he may judge expedient, and determine whether the vessel should be
ordered to quarantine, and if so, the period of quarantine.

3019. Passengers not to be landed without permit.

Sec 3019. No captain or other officer in command of any passenger-carrying
vessel of more than one hundred and fifty tons burden, nor of any vessel of
more than one* hundred and fifty tons burden having passengers on board, nor
any owner, consignee, agent, or other person having charge of such vessel or
vessels, must, under a penalty of not less than one hundred dollars nor more
than one thousand dollars, laud, or permit to be landed, any passenger from
the vessel until he has presented his bill of health to the health officer, and
received a permit from that officer to land such passenger, except in such cases
as tlie health officer deems it safe to give the j^ermit before seeing the bill of
health.

3020. Fees of health officer.

Skc 3020. The following fees may be collected by the health officer: For
giving a pennit to land freight or passengers, or both, from any vessel of less
than one thousand tons burden, from any port out of this state, two and a half
dollars; from any port in this state, one dollar and a quarter; from any passen-
ger-cariying vessel of more than one thousand tons burden, three dollars and
seventy-five cents; for vessels of more than one thousand tons burden, carrying
no passengers, two dollars and fifty cents; for vaccination, from each person,
one dollar.

3021. Compulsory vaccination.

Sec 30"21. The board of health may enforce comi:)ulsory vaccination on pas-
sengers in infected ships or coming from infected ports.

374

GENEEAL POLICE OF STATE. 3022-3031

3022. Hofipilals to be j:>rovided.

Sec. 3022. The board of health may provide suitable hospitnls, to he situated
at or near Saucelito, and furnish and supply the same with nurses and attaches,
and remove thereto all persons afflicted with cholera, smallpox, yellow, typhus,
or ship fever.

3023. Records of births, deatlis, and interments to be kept.

Sec. 3023. The health officer must keep a record of all births, deaths, and
interments occurring in the city and county of San Francisco. Such records,
when filled, must be deposited in the office of the county recorder, and pro-
duced when required for public inspection.

3024. Returns of birUus, deaths, and nvmber of stillborn children.

Sec. 3024. Physicians and midwives must, on or before the fourth day of
each month, make a return to the health officer of all births, deaths, and the
number of stillborn children occurring in their practice during the preceding
month. In the absence of such attendants, the parent must make such report
within thirty days after the birth of the child. Such returns must be made in
accordance with rules adopted and upon blanks furnished by the board of
health.

3025. No bodies to>be interred without permit.

Sec. 3025. No person must inter in the city and county of San Francisco any
human body without having first obtained a physician's or coroner's certificate,
setting forth as near as possible the name, age, color, sex, place of birth, date,
locality, and cause of death of the deceased; and physicians, when deaths occur
in their practice, must give such certificates.

3026. Return of interments to be made to health officer.

Sec. 3026. Superintendents of cemeteries within the boundaries of the city
and county of San Francisco must return to the health officer on each Monday
the names of all persons interred within their respective cemeteries for the pre-
ceding week, together with the certificates mentioned in the preceding section.

3027. Bodies not to be removed without permit.

Sec. 3027. No superintendent of a cemetery can remove, or cause to be re-
moved, disinter, or cause to be disinterred, any corpse that has been deposited
in the cemetery, without a permit from the health officer, or by order of the
coroner.

3028. Nuisances on premises of non-residents, how abated.

Sec. 3028. Whenever a nuisance exists on property of any non-resident of
the city and county, the board of supervisors may, on the recommendation of
the board of health, cause the nuisance to be abated, and may allow and order
paid out of the general fund all proper charges and expenses incurred in abat-
ing such nuisance; and all sums so allowed and j^aid become a charge upon the
property on which the nuisance existed, and may be recovered by an action
against such property.

3029. Health officer to keep fee book.

Sec. 3029. The health officer must keep in his office a book in which he must
make an entry of all fees collected by him. He must pay all fees collected to
the city and county treasurer weekly, to the credit of the general fund.

3030. Bond of health officer.

Sec. 3030. The health officer must execute an official bond, to be approved
by the board of health, in the sum of ten thousand dollars.

3031. Health officer maij administer oaths.

Sec. 3031. Any member of the board of health, deputy health officer, or sec-

375

3031-3032 POLITICAL CODE.

retary of the health deijartmeut, is empowered to administer oaths on business
connected with that depaiiment.

8032. Actions, in ichose name maintained.

Sec. 3032. Whenever any cause of action arises under any of the provisions
of this chapter, suit may be maintained therein, in the name of the health
officer, in an}- district court of this state.

An Act to establish a quannitiue for the bay and harbor of Sau Francisco, and sanitary laws
for the city and county of Sau Fraucisco.

Approved April 4, 1870; 1869-70, 716.

Quarantine gi'ounds at Saucelifo.

Section 1. The quarantine grounds of the bay and harbor of San Francisco
shall be at the anchorage of Saucelito.

Board of heallJi.

Sec 2. There shall be a board of health in and for the city and county of Sau
Francisco, which board shall consist of the mayor of the city and county, and
four physicians in good standing, residing- in the city and county of San Fran-
cisco, who shall be appointed by the governor; and they shall determine by lot,
one shall hold for one year, one for two years, one for three years, one for four
years; and their successors shall be appointed, as herein provided, for the term
of live years each.
Ileetings.

Sec. 3. The mayor of the city and county of San Francisco shall be ex officio
president of the board of health; they shall meet monthly and at such other
times as the president may call them together for the transaction of business.
In the absence of the president the board shall elect a chairman, who shall be
clothed with the same powers as the president.

Health officer.

Sec. 4. There shall be a health officer for the city and county and port of San
Francisco; he shall be elected bj^ the board of health, and shall continue in
office diu'ing its pleasure. He shall be a graduate of some medical college in
good standing, and shall reside within the city limits of Sau Francisco.
Powers of health officer.

Sec. 5. The health officer shall have power to perform all acts which quaran-
tine officers are usually authorized to perform, and shall be the executive officer
of the boad'd of health.
Officers.

Sec G. The board of liealth shall appoint a dejDuty health officer, who shall
be a physician in good standing, a secretar}^ two health inspectors, one market
inspector and one messenger, whose duties shall be defined by the health officer.
Salaries.

Sec 7. The following rates of compensation shall be allowed to the officers
of the health department: Health officer, twenty-four hundred dollars jier
annum; deputy health officer, eighteen hundred dollars per annum; secretary,
two thousand one liundred dollars per annum; two health insjoectors, one thou-
sand two hundred dollars per annum each; one market insi)ector, one thousand
two hundred dollars per annum, and one messenger, nine hundred dollars per
annum. All the salaries provided to be jmid under the provisions of this act,
shall be paid monthly, in equal installments, out of the general fund of said
city and county, in the same manner as the salaries of the other officers of said
city and county are paid; and it shall be the duty of the auditor of said city
and county to allow, and of the treasurer to pay, said salaiies in the manner
herein provided.

37G

GENEEAL POLICE OF STATE. 3032

Expeyises.

Sec. 8. The health officer, in addition to his salary, shall receive such sums
for the necessary expenses of his office as the board of health may direct, and
the auditor is hereby directed to audit, and the treasurer to pay, such sums out
of the general fund, and the board of supervisors shall provide proper offices
for the health department.

Poivers of board of health.

Sec. 9. The board of health shall have general supervision of all matters
ai)pertainiug to the sanitary condition of said city and county, including the
city and county hospital, the county jail, almshouse, industrial school, and all
public health institutions provided by the city and county of San Francisco;
and full powers are hereby given to said board to adopt such orders and regu-
lations, and appoint or discharge such medical attendants and employees as to
them seems best to promote the public welfare, and not in contravention of any
law, and they may appoint as many health inspectors as they may deem neces-
sary in time of epidemic.

Infected vessels to report.

Sec. 10. It shall be the duty of shipmasters bringing vessels into the harbor
of San Francisco, and of masters, owners or consignees having vessels in said
harbor, which have on board any cases of smallpox, yellow fever or Asiatic
cholera, typhus or ship fever, to immediately rejDort the same in writing to the
health officer before landing any passengers, casting anchor, or coming to any
wharf, or as soon thereafter as they or either of them shall become aware of the
existence of either of these diseases on board of said vessel.

Landing passengers.

Sec. 11. No captain or other officer in command of any vessel sailing under a
register, arriving at this port, nor any owner, consignee, agent or other person
having charge of such vessel or vessels, shall, under a penalty of not less than
one hundred dollars, nor more than one thousand dollars, land or permit to be
landed, any freight, passengers or other persons from said vessel or vessels, till
he shall hav& reported to the health officer, presented his bill of health and
received a permit from said officer to land said freight, passengers or other
persons.

Duty of pilots.

Sec. 12. It shall be the duty of every pilot who shall conduct into the port of
San Francisco any vessel subject to quarantine, or to examination by the health
officer :

1. To bring said vessel no nearer the town than is allowed by section fourteen
of this act;

2. To prevent any person from leaving, and any communication being made
with the vessel under his charge, till the health officer shall have boarded her,
and shall have given the necessary orders and directions;

3. To be vigilant in preventing any violation of the quarantine laws, and to
report without delay all such violations that come to his knowledge to the health
officer;

4. To present the master of the vessel with a printed copy of the quarantine
laws, unless he have one already; and, in the event of being subject to quaran-
tine, by reason of infection, to j)lace at the mast-head a small 3-ellow flag.

Refusal to comply xoith sanitary regulations.

Sec. 13. Every master of a vessel subject to quarantine or visitation by the
health officer, arriving in the port of San Francisco, who shall refuse or neglect
either:

377

3032 POLITICAL CODE.

1. To proceed with and anchor bis vessel at the place assigned for quaran-
tine, -wlien legally directed so to do; or,

2. To submit his vessel, cargo and jDassengers to the health officer, and to
furnish all necessary information to enable that officer to determine to what
length of quarantine and other regulations they ought respectively to be
subject; or neglect to report all cases of disease mentioned in this act, and all
cases of death occurring on his vessel, and to comply with all the sanitary reg-
ulations of said bay and harbor, shall be deemed guilty of a misdemeanor, and
on.' conviction thereof, shall be punished as provided for in section eleven of
this act.

Vessels arriving from infected ports.

Sec. 1-4. All vessels arriving off the port of San Francisco, from ports which
have been legally declared infected ports, and all vessels arriving from ports
where there shall be j)revailing, at the time of their dejjarture, any contagious,
infectious or pestilential diseases (especially smallpox, Asiatic cholera, typhus
or ship fever), or vessels with decaying cargoes, or which have unusually foul
or offensive holds, shall be subject to quarantine; and it shall be the duty of
the master, owner, pilot or consignee, to rejDort any and all such vessel or
vessels to the health officer Avithout delay. No such vessel shall cross a right
line drawn from Meiggs wharf to Alcatraz island, till the health officer shall
have boarded her, and given the order required by law.

Inspection of vessels.

Sec. 15. It shall be the duty of the health officer to board every vessel subject
to quarantine or visitation by him, immediately on her arrival (or as soon as he
shall be notified thereof), between sunrise and sunset, to make such examination
and ins2:)ection of vessel, books, papers or cargo, or of persons on board, under
oath, as he may judge expedient, to determine whether said vessel should be
ordered to quarantine, and if so, the period of quarantine.

Landing passengers without permit.

Sec. 1G. No captain or other officer in command of any passenger-cai'rying
vessel of more than one hundred and fifty tons burden, nor of any vessel more
than one hundred and fifty tons burden having passengers on board, nor any
owner, consignee, agent or other person having charge of such vessel or ves-
sels, shall, under a penalty of not less thano2ie hundred dollars, nor more than
one thousand dollars, land or permit to be landed any passenger or passengers
from said vessel or vessels, until he shall have presented his bill of health to
the health officer, and received a permit from that officer to land said passenger
or passengers, except in such cases as the health officer shall deem it safe to
give the permit before seeing the bill of health.

Fees.

Sec. 17. The following fees shall be collected by the health officer: For giv-
ing a permit to land freight or passengers, or both, from any vessel of less than
one thousand tons burden, from any port out of this state, two and a half dol-
lars; from any port in this state, one dollar and aquai'ter; from any passenger-
carrying vessel of more than one thousand tons bui'den, three dollars and
seventy-five cents; from vessels of more than one thousand tons burden, carry-
ing no passengers, two dollars and fifty cents; provided that vessels carrying
less than twenty passengers shall in no case pay more than two dollars and a
half; but this shall not apply to sailing vessels sailing to and from an}' port of
the Pacific states of the United States or territories, or to whaling vessels en-
tering the harbor of San Francisco, excepting that they shall report to the
health officer, as provided for in section ten of this act.

378

GENERAL POLICE OF STATE. 3032

Vaccmaiion.

Sec. 18. The health officer or his deputy shall board any vessels bringing
passengers from Asiatic ports and coming into the harbor of San Francisco,
and then and there, in his discretion, vaccinate each and every one of said pas-
sengers before they shall be permitted to land in the city and county of San
Francisco.

Re-vaccination.

Sec. 19. In case there shall be any person on board the vessels mentioned in
section ten, v^ho shall actually be sick with the smallpox, the health officer is
hereby authorized to require each and every person on board said vessel to be
re-vaccinated, if he or she has been previously vaccinated, or to be then and
there vaccinated for the first time.
blaster of vessel to aid health officer.

Sec. 20. It shall be the duty of each and every master, or other officer having
command of such vessel, to aid the health officer in performing the duties herein
required, by anchoring the vessel in the bay, and by all other suitable and
reasonable means, until said vaccination shall have been completed; and any
master, or other officer in command of such vessel, who shall neglect or refuse
to render such assistance in carrying out the provisions of this section, shall be
deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished
by a fine not less than one hundred dollars, nor more than five hundred dollars.

Fee for vaccination.

Sec. 21. The fees of the health officer for vaccinating such passengers shall
be one dollar for each and every person so vaccinated; and all persons refusing
to be vaccinated, or to pay fee therefor, shall be detained at quarantine on
board said vessel until they are vaccinated and pay the fee therefor, and he is
hereby authorized to collect the said fee from the person or persons vaccinated.

Hospitals.

Sec. 22. The board of health shall have the power, under the provisions of
this act, to provide suitable hospitals, to be situated at or near Saucelito, and
furnish and supi:)ly the same with suitable nurses and attaches, as in their judg-
ment the jjublic health may require, and to remove thereto all persons afflicted
with cholera, yellow fever, typhus or ship fever.

Record of births, deaths, etc.

Sec. 23. It shall be the duty of the health officer to keep a record of all births,
deaths, and interments in the city and county of San Francisco, in books duly
prepared for that purpose. Said records, when filled, shall be deposited in the
office of the county recorder, and produced when required for public insj^ec-
tion.

Interment without certificate.

Sec. 24. Every sexton, undertaker, superintendent of a cemetery, or other
person, who shall inter, or cause to be interred, any human body, without
having first obtained and filed with the health officer a physician's certificate, or
the coroner's certificate, setting forth, as nearly as possible, the name, age,
color, sex, and date and place of birth, date and locality of death, and cause of
death of the deceased, shall be deemed guilty of misdemeanor, and on convic-
tion shall be punished as provided in section tw^enty-nine of this act.

Physician's certificate.

Sec. 25. It shall be the duty of the physicians, when deaths occur in their
practice, to give a certificate to that efi"ect, with the name, age, color, nativity,
date of death, place of death, and occupation of deceased. For this purpose,
blank cei-tificates shall be kept at the health office.

379

3032 POLITICAL CODE.

Notice ofhirth to he given.

Sec. 26. It shall be the duty of the parent or parents, or, in the case of their
death, then of the next of kin in attendance, or, if there be no relative in attend-
ance, then of the person having charge or control of any child born witbin the
limits of the city and county of San Francisco, to report the same to the health
officer within ten days of its birth, giving name (if named), date of birth, sex,
color; name, birthi)lace, and occupation of father; maiden name and birthplace
of mother; and place of birth. Blanks for this purpose shall be kept at the
health office. All persons failing to comj)ly with the provisions of this section
shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be
punished by fine of not less than five dollars nor more than fift}^ dollars.
[Amendmcnf, approved March IG, 187G; 1875-G, 305; took effect from passage.

Returns of permits for interments.

Sec. 27. Superintendents of cemeteries within the boundaries of the city and
county of San Francisco, shall make returns to the health officer on each
Monday of all permits for interment received by them during the preceding
week.

Rem,oval of bodies.

Sec. 28. No superintendent of any cemetery shall remove, or cause to be
removed, disinter, or cause to be disinterred, any corj)se that shall have been'
deposited in said cemeters', without a permit from the health officer, or by order
of the coroner.

Violations of this act.

Sec 29. Any person who shall neglect or refuse to comply with any of the
provisions of this act shall be deemed guilty of misdemeanor, and on conviction
thereof shall be punished by a fine of not less than one hundred dollars nor
more than one thousand dollars, or by imiirisonment in the county jail not
exceeding twelve months, or by both fine and imprisonment.

Removal of nuisances.

Sec. 30. Whenever a nuisance shall exist on the property of any non-resident,
or any property the owner or owners of which cannot be found by either health
inspector, after diligent search, it shall be the duty of the board of health to
cause the said nuisance to be at once removed, and to draw upon the general
fund for such sums as may be required for its removal, not to exceed two hun-
dred dollars; provided, that whenever a larger expenditure is found necessarj'
to be made for the removal or sujipression of an}^ nuisance, the board of super-
visors of said city and county may, upon the written application of the board
of liealth, by ordinance, appropriate, allow, and order paid out of the general
fund such sum or sums as may be necessary for that purpose; provided further,
that in all cases where such expenditure will exceed five hundi-ed dollars, no
appropriation shall be made for that purpose, unless the city and county attor-
ney shall first give his opinion, in writing, that such ex2:)enditure would be a
legal charge against the proj^erty affected thereby. The auditor shall audit and
the treasurer shall pay all appropriations of money made in pursuance of this
section, in the same manner as is now i)rovided by law for auditing and paying
demands upon the treasury. [Amendineiii, approved March IG, 1876; 1875-G, 305;
took effect from passage.

Jurisdiction.

Sec. 31. The police judge's court of the city and county of San Francisco
shall have full and complete jurisdiction of all actions and proceedings for the
violation of the provisions of this act.

880

GENERAL POLICE OF STATE. 3032

Fee hook.

Sec. 32, It shall be the duty of the health officer to have kept in his office a
book in which shall be entered all fees collected by him; and he shall cause the
same to be paid over to the city and county treasurer weekly, under oath, to the
credit of the general fund.

Bond.

Sec. 33. The health officer, before entering on his duties, shall give bonds
with good and sufficient security, to be approved by the board of health, in the
sum of ten thousand dollars for the faithful performance of his duties.
Oaths.

Sec 34. Any member of the board of health, dej^uty health officer, or secre-
tary of the health dej^artment shall be empowered to administer oaths on busi-
ness connected with that department.

Sec. 35. All acts or parts of acts in conflict with this act or any of its provis-
-ions, are hereby repealed.

Sec 36. This act shall take effect immediately after its passage.

An Act ameudatory of aud supplementaiy to the foregoing act of April 4, 1870.
Approved March 16, 1876; 1875-6, 305.

Quarantine officer and Ms bond.

Section 1. From and after the passage of this act the deputj^ health officer of
the city and county of San Francisco shall be known as the quarantine officer.
He shall have power to perform all acts which he has heretofore performed
under the title of dejDuty health officer, and all acts which quarantine officers are
usually authorized to i^erform. He shall give bonds, with good and sufficient
security, to be ajoproved by the board of health, in the sum of five thousand
dollars.

Health inspectors, salaries of.

Sec 2. There shall be four health inspectors for the city and county of San
Francisco, who shall be appointed b}' the board of health, and shall receive
twelve hundred dollars per annum each, to be paid in the same manner as is
provided for the payment of the salaries of the other appointees of the board
of health.

[Sec 3 contained the amendment to section 30 of the foregoing act, therein
inserted.]

Transportation of deceased persons.

Sec 4. No person, master, captain, or conductor, in cliarge of any boat, ves-
sel, railroad car, or public or private conveyance, shall receive for transportation,
or shall transport the body of any person who has died within the limits of the
city and county of San Francisco, without obtaining a permit for the same
from the health officer, which permit must accompany the body to its destina-
tion; and no person, master, captain, or conductor, as aforesaid, shall bring
into or transport through the said city and county the dead body of any per-
son, unless it be accompanied with a certificate from some proper authority of
the place whence it came, stating name, age, sex, and cause of death, which
certificate shall be filed at the health office; provided, that in no case shall the
body of any person who died of a contagious disease be brought to the city
within one year of the day of death,

[Sec 5 contained the amendment to section 26 of the foregoing act, therein
inserted,]

Sec 6. All acts and parts of acts in conflict with the provisions of this act are
hereby repealed.

Sec 7. This act shall take effect from and after its passage.

381

3042-3049 POLITICAL CODE.

ARTICLE IV.

HEALTH EEGULATIONS FOB THE CITY OF SACRAMEMTO.

3042. Board of health, xclin and hoxo appointed.

Sec. 3042. The board of trustees of tlie city of Sacramento may establish
by ordinance a board of health therefor, to consist of five practicing physi-
cians, graduates of a medical college of recognized respectability; and the presi-
dent of the board of trustees is ex officio president of the board.

3043. Term and vacancies.

Sec. 3043. The members of the board hold their offices at the joleasure of the
appointing power.

3044. Poioers of the board of health.

Sec. 3044. The board of health of the city of Sacramento has a general su-
pervision of all the matters appertaining to the sanitary condition of the city,
and may make such rules and regulations in relation thereto as are not incon-
sistent with law.

3045. Pcd houses, how located and conducted.

Sec 3045. The board of health may locate and establish pest houses, and
cause to be removed thereto and kept any person having a contagious or infec-
tious disease; may discontinue or remove the same, and make such rules and
regulations regarding the conduct of the same as are needful.

3046. Death records.

Sec. 304G. The board of health must exercise a general supervision over the
death records of the city of Sacramento, and may adopt such forms and regu-
lations for the use and government of physicians, undertakers, and sujDerintend-
ents of cemeteries as in their judgment may be best calculated to secure relia-
ble statistics of the mortality in the city and prevent the spread of disease.

3047. Enforcement of regulations.

Sec. 3047. The board of trustees of the city of Sacramento must, by ordi-
nance or otherwise, provide for enforcing such orders and regulations as the
board of health may from time to time adopt; and in times of epidemics, or
when deemed necessarj' by the board of health, a health officer must be em-
ployed to enforce the laws in relation to the sanitary condition of the city.

3048. Expenses, how paid.

Sec 3048. All expenses necessarily incurred in carrying out the provisions of
this article must be jDrovided for by the board of trustees of the city of Sacra-
mento, who may make appropriation therefor out of the special street fund, if
the same is sufficient; if not, they may by taxation provide a fund therefor.

3049. Compensation, how fixed.

Sec 3049. The board of trustees must fix the compensation of the board of
health and the health officer.

An Act to establish aud maintain a dispensary in the city of Sacramento.

Approved, March 23, 1872 ; 1871-2, 531.

Establishment of dispensary.

Section 1. The board of health of the city of Sacramento, consisting of Ira
E. Oatman, T. M, Logan, F. W. Hatch, W. R. Cluness, and G. L. Simmons,
are hereby empowered and required to establish a dispensary for the accommo-
dation of the sick poor of the city and county of Sacramento, on the lot belong-
ing to the county of Sacramento, on the northwest corner of Seventh and I
streets, in said city; and all bills approved by said boai-d of health for tliis
purpose shall be allowed and ordered paid, by the board of supervisors of the
county of Sacramento, out of the general fund; provided, that all expense for

382

GENERAL POLICE OF STATE. 3249-3060

the establishment of such dispensary and furnishing of the same shall not ex-
ceed two thousand dollars.

Physician.

Sec. 2. The board of supervisors of the county of Sacramento shall require
the county physician, or a regularly educated assistant, to take charge of said
dispensary, and to keep an office ojjen therein for at least two hours in each day
of the year, at which time he shall give advice and medicines to poor out-pa-
tients and applicants from the Howard benevolent society, and receive orders
for visits to the sick poor at their homes, and said assistant shall receive a com-
pensation not to exceed fifty dollars per month.

Regulations.

Sec. 3. During the absence of the medical attendant the dispensary shall be
accessible, at all times of the day or night, to any member of the police of the
city of Sacramento, to any practicing physician, or to any officer of the How-
ard benevolent "society who may desire to obtain accommodations for patients
in cases of accident or sudden sickness, where an immediate removal to the
county hosjDital is impracticable, or where such an attempt would endanger life.
Prohibition.

Sec 4. No person possessed of property of any description shall receive as-
sistance, as an out-patient, from the dispensary, and no cases of venereal dis-
ease in any form shall be treated at the expense of the county in this institution.
Control and management.

Sec. 5. After the establishment of the dispensary by the board of health of
the city of Sacramento the said board shall exercise a general supervision over
its concerns, adopting such improvements in its management as from time to
time may be required. They shall require from the attending physician stated
reports in regard to cases treated by him, and certify to the board of supervi-
sors of the county as to the correctness of all bills for medicines or incidental
expenses; provided, that in no case shall any bills for medicines and incidental
expenses be allowed which exceed in the aggregate the sum of one hundred dol-
lars per month. No compensation shall be allowed to any member of the board
of health for services rendered in carrying out the purposes of this act.

Payment of expenses.

Sec. 6. The board of supervisors of Sacramento county are hereby required
to allow and order paid out of the hospital fund all bills for the maintenance of
this dispensary which may be approved by the board of health of the city of
Sacramento, in compliance with the jDrecediug sections.

Sec 7. This act shall take effect and be in force from and aft^r its passage.

ARTICLE V.

HEALTH AND QUARANTINE OF OTHEE CITIES, TOWNS, AND HARBORS.

3059. Boai'ds of supervisors may adopt Ai^ticle III.

Sec. 3059. The board of supervisors of any county in which there is a poi-t of
entry or harbor, for which there is not otherwise provided health and quaran-
tine regulations, may by an ordinance adopt the whole or any part of the
provisions of Article III of this chapter, appoint a board of health, or health
officer, locate quarantine grounds when necessary, and provide for the enforce-
ment of health and quarantine regulations.

3060. Boards of supervisors may adopt Article IV.

Sec 3060. In like manner the board of supervisors of any county in which
there is an unincorporated city or town, for which there is not otherwise pro-

383

3060-3078 POLITICAL CODE.

Tided a board of liealtli or health regulations in time of epidemics, or the
existence of contagious or infectious diseases, may by an ordinance adopt for
such city or town, in whole or in part, the provisions of Article IV of this
chapter for some definite period of time; and appoint therefor a board of health.
8061. Incorporated cities or townn may adopt Articles III and IV.

Sec. 30G1. The trustees, council, or other corresponding board of any incor-
porated town or city in this state, may by ordinance adopt the whole or any
part of Articles III and IV of this chapter, or of either of them, as provided
in tlie preceding section for the boards of supervisors.

3062. Jlaij appmint health officer in lieu of board.

Skc. 30G2. In the place of appointing a board of health, the board of super-
visors or the city or toAvn authorities may appoint a health officer, with all the
duties and powers of the board of health and health officer, as specified in the
two 2>receding articles.

3063. Fer capita or property tax, hoiv levied.

Skc. 30G3. All necessaiy expenses of enforcing this article are charges against
the counties, cities, or towns resj^ectively, for the jDayment of which the county,
city, or town may levy a per capita tax of not exceeding three dollars, or a
property tax of not exceeding one fourth of one per cent, yearly until the same
is paid.

CHAPTEK III.

REGISTRY OF BIRTHS, MARRIAGES, AND DEATHS.

3074. Begistry of marriages.

Sec. 3074. All persons who perform the marriage ceremony must keep a regis-
try of the time of each marriage so celebrated, the residence, the names in full,
the place of birth, the age and condition of each party, and whether either i^arty
has ever been before married; if so, to whom and whether the person with whom
such former mamage was contracted is living or dead.

3075. Begistry of births.

Sec. 3075. All physicians and professional midwives must keep a registry of
the time of each birth at which they assist professionally, the sex, race, and
color of the child, and the names and residence of the parents.

3076. Begistry of death.

Sec. 3076. Physicians, who attend deceased persons in their last sickness;
clergymen, who officiate at a funeral; coroners, who hold inquests; sextons and
undertakers, who bury deceased persons; must each keep a register of the name,
age, residence, and time of death of such person. [Aniendmeyit, approved March
30, 1874; Amendmerds 1873-4, 42; took effect July 6, 1874.^'"

3077. Beports to recorder.

Sec 3077. All persons registering births or deaths must quarterly file with the
county recorder a certified copy of their register. All such certificates must
specify as near as may be ascertained the name in full, age, occui:)ation, term of
residence in the city or county, birtlipLu-e, condition, whether single or married,
widow or widower, race, color, last place of residence, and cause of death of all
decedents.

3078. Saine.

Six-. 3078. If at any birth no physician or midwife attends, the parents must
make the report.

(a) The original section had the words "have at- Instead of " ofHoiate," and " sextons who have burled "
tended " Instead of " attend/' also " have officiated " instead of " sextons and undertakers who bury."

384

GENERAL POLICE OF STATE. 3079-3094

3079. Duties of recorder.

Sec. 3079. The recorder must keep separate registers, to be known as tlie
" Register of Births" and the "Register of Deaths," in which the births and
deaths certified to him must be numbered in the order in which they are reported
to him. There must be stated in each register, in separate cohnnns, properly
headed, the various facts contained in the certificates, and the name and ofiicial
or clerical position of the person making the report. The recorder must care-
fully examine each report and register the same birth or death but once, although
it may be reported by diflereut persons.

3080. Report to secretary of state board of health.

Sec. 3080. The county I'ecorder must every thi'ee months transmit to the sec-
retary of state board of health, at Sacramento cit}', a certified abstract of the
registers of births, marriages, and deaths, prepared in the manner prescribed
in the instructions of the secretary and upon blanks to be furnished by him for
that purjDOse.

3081. Fees.

Sec. 8081. The persons reporting births and deaths to the recorder must pay
to him a fee of twenty-five cents for the registration of each name, which must
be primarily paid by the parents or other next of kin to the person whose birth
or death is reported. In case no fee is paid to the person reporting a birth or
death to the recorder by the j^arents or next of kin of the joerson reported, the
same must nevertheless be reported and registered, and the board of super-
visors must pay from the general fund of the county to the recorder a fee not
exceeding twent^'-five cents for each name reported.

3082. Penalties.

Sec. 3082. Any person on whom a duty is imposed by this chapter who fails,
neglects, or refuses to perform the same as herein required, is liable to a penalty
of fifty dollars, to be recovered by the district attorney of the proj)er county
for the use of the general fund of such county.

CHAPTER IV.

DISSECTION.

3083. Physicians, etc. , may obtain dead bodies.

Sec. 3093. Any physician or surgeon of this state, or any medical student
under the authority of any such physician or surgeon, may obtain, as herein-
after provided, and have in his possession human dead bodies, or the parts
thereof, for the purposes of anatomical inquiry or instruction.

3094. Sheriffs, etc., to give dead bodies to physicians in certain cases.

Sec. 3094. Any sheriff, coroner, keeper of a county poorhouse, public hos-
pital, county Jail, or state prison, or the mayor or board of supervisors of the
city of San Francisco, must surrender the dead bodies of such persons as are
required to be buried at the public expense to -any physician or surgeon, to be
by him used for the advancement of anatomical science, preference being always
given to medical schools by law established in this state, for their use in the
instruction of medical students. But if such deceased person during his last
sickness requested to be buried, or if within twenty-four hours after his death
some person claiming to be of kindred or a friend of the deceased requires the
body to be buried, or if such deceased person was a stranger or traveler who
suddenly died before making himself known, such dead body must be bmied
without dissection.

25 385

3095-3110 POLITICAL CODE.

3095. Physicians, etc., io have certificate from medical society, and to give bond
before receiving dead bodies.
Sec. 3095. Eveiy phvsiciau or surgeon, before receiving a dead body, must
give to the board or oflScer surrendering the same to him a certificate from the
medical society of the county in which he resides, or if there is none, from the
board of supervisors of the same, that he is a fit person to receive such dead
body. He must also give a bond, with two sureties, that each body so by him
received will be used only for the promotion of anatomical science, and that it
will be used for such j)urpose within this state only, and so as in no event to
outrage the public feeling.

CHAPTER V.

CEMETERIES AND SEPULTUEE.

3105. Title io cemetery grounds.

Sec. 3105. The title to lands used as a public cemetery or graveyard, situated
in or near to any city, town, or village, and used by the inhabitants thereof
continuously, without interruption, as a burial ground for five years, is vested
in the inhabitants of such city, town, or village, and the lands must not be
used for any other purpose than a public cemetery.

3106. What constitutes a cemetery.

Sec. 3106. Six or more human bodies being buried at one place constitutes
the place a cemetery.

3107. Cemeteries, how laid out and dedicated on public lands.

Sec 3107. Incorporated cities or towns, and for unincorpoi'ated towns or
villages, the supervisors of the county, may survey, lay out, and dedicate of the
public lands situated in or near such city, town, or village, not exceeding five
acres, for cemetery and burial purposes. The survey and description thereof,
together with a certified cop}' of the order made constituting the same a ceme-
tery, must be recorded in the recorder's office of the county in Vvhich the same
is located.

3108. Inhabitants of city, toivn, or village to own cemetery.

Sec 3108. The inhabitants of any city, town, village, or neighborhood may,
by subscrijition or otherwise, purchase or receive by gift or donation, lands not
exceeding five acres, to be used as a cemetery, the title thereof to be vested in
such inhabitants, and when once dedicated to use for buiial purposes must
thereafter be used for no other purpose.

3109. Public cemeteries, under whose control.

Sec 3109. The public cemeteries of cities, towns, villages, or neighborhoods
must be inclosed and laid oflf into lots, and the general management, conduct,
and regulation of interments, permits to inter, or remove interred bodies, the
disp(jsition of lots and keeping the same in order, is under the jurisdiction and
contro] of the cities and towns owning the same, if incorporated; if not, then
under the jurisdiction and control of the board of supervisors of the county in
wliicli they are situated.

3110. Who exercises jurisdiction and control over.

Sec 3110. The boards of supervisors, city trustees, or other corresponding
authorities having jurisdiction and control of cemeteries, may make general
rules and regtdations therefor, and appoint sextons or other officers to enforce
obedience to the same, with such other powers and duties regarding the cem-
etery as they may deem necessary. ^

386

GENERAL POLICE OF STATE. 3111-3139

3111. Register mud he kept.

Sec. 3111. The authority having control of a public cemetery must require
a register of name, age, birthplace, and date of death and burial of ever}' body
interred therein, to be kept by the sexton or other officer, open to i^ublic
inspection.

CHAPTER VI.

LOST AND UNCLAIMED PROPERTY.

Article I. Lost Monet and Goods 313G

II. Unclaimed Pbopertt 3152

ARTICLE I.

LOST MONEY AND GOODS.

3136 Duty of 2')ersons finding lost money, goods, etc.

Sec. 3136. If any person find any money, goods, things in action, or other
personal property, or shall save any domestic animal from drowning or from
starvation, when such j)roperty shall be of the value of ten dollars or more, he
must inform the owner thereof, if known, and make restitution without com-
jDensation, further than a reasonable charge for saving and taking care thereof;
but if the owner is not known to the party saving or finding such property, he
must, within five days, make an affidavit before some justice of the peace of the
county, stating when and where he found or saved such propei-ty, particularly
describing it; and if the property was saved, particularly stating from what and
how he saved the same, stating therein whether the owner of the property is
known to him, and that he has not secreted, withheld or disposed of any part
of such property. [Amendment, approved March 30, 1874; Amendments 1873-4,
42; took effect July 6, 1874.''"

3137. Justice to appoint appraisers — Duty of appraisers.

Sec. 3137. The justice must then summon three disinterested householders
to appraise the same. The appraisers, or anj' two of them, must make two lists
of the valuation and description of such property, and sign and make oath to
the same, and deliver one of the lists to the finder, and the other to the justice
of the iDcace.

3138. Justice to file list of appraisers.

Sec. 3138. The justice must file such list, and the finder must transmit a
copy of the same to the recorder of the county, who must record the same in a
book known as the "Estray and Lost Property Book," within fifteen da^'s, and
the finder must at once set up at the court-house door and four other public
places in the township or city a copy of such valuation and description of
property.

3139. Proceedings, if no oivner appear within six months.

Sec. 3139. If no owner appears and proves the proj^erty within six months,
and the value thereof does not exceed twent}' dollars, the same vests in the
finder; but if the value exceed twenty dollars, the finder must, within thirty
days after setting up the list mentioned in the preceding section, cause a copy
of the description to be inserted in some newspaper printed in the county, if
there be one, and if not, in some newspaper piinted in the state, for three

(a) Original section: care thereof; but if the owner is not known, he must,

Stc. 3iat5. If any person find any money, goods, within five days, make an affidavit before some justice

things in action, or other personal property of the of the county, stating when and where he found the

value of ten dollars or more, he must inform the owner same, particularly describing it, that the owner is un-

thereof , if known , and make restitution without com- known to him, and that he has not secreted, withheld,

pensation, further than a reasonable charge for taking or disposed of any part of such property.

387

3139-3155 POLITICAL CODE.

weeks; and if no owner prove tlie property witliin one year after such publica-
tion it vests in the finder.

3140. Finder to restore property, ichen.

Sec. 3140. If, within one year, an owner appears and proves the property
and pays all reasonable charges, including fees of officers, the finder must
restore the same to him. On failure to make restoration of such property, or
the ajipraised value thereof, on being tendered such charges and fees, the
owner may recover the same or the value thereof by civil action in any court
having jurisdiction.

3141. Finder failing to make discovery, penalty.

Sec 3141. If auy person find any money, property, or other valuable thing,
and fail to make discovery of the same as required by this article, he forfeits to
the owner double the value thereof.

3142. Proof, hoio made.

Sec. 3142. The proof rec^uired by this article must be made before the clerk
with whom the list provided for herein is filed, and if he is satisfied therefrom
that the person claiming to be is the owner, he must certify that fact under his
hand and the seal of the county court.

ARTICLE II.

UNCLAIMED PROPERTY.

3152. Comvion carriers may retain goods until charges are paid.

Sec 3152. When any goods, merchandise, or other property has been received
by any railroad or express company, or other common carrier, commission mer-
chants, innkeepers, or warehousemen, for transi:)ortation or safe keeping, and are
nut delivered to the owner, consignee, or other authorized j^erson, the carrier,
commission merchant, innkeeper, or warehouseman, may hold or store the same
with some responsible person until the freight and all just and reasonable charges
are paid.

3153. Property unclaimed ivithin sixty days to be sold, how.

Sec 3153. If no joerson calls for the proj^erty within sixty days from the
receipt thereof and pays freight and charges thereon, the carrier, commission
merchant, innkeeper, or warehouseman may sell such property, or so much
thereof, at auction to the highest bidder, as will pay freight and chai'ges, first
having given twenty days' notice of the time and place of sale to the owner,
consignee, or consignor, when known, and by advertisement in a daily pajier
ten days (or if in a weekly paper, four weeks), published where such sale is to
take place; and if any surplus is left after paying freight, storage, cost of adver-
tising, and other reasonable charges, the same must be joaid over to the owner
of such property- at any time thereafter, upon demand being made therefor
within sixty days after the sale.

3154. Proceeds unclaimi'd , where to go.

Sec 31.54. If the owner or his agent fails to demand such suii)lus within sixty
days of the time of such sale, then it must be paid into the county treasury,
subject to the order of the owner.

3155. Carrier's responsibility ceases, when.

Sec 3155. After the storage of goods, merchandise, or property, as herein
provided, the responsibility of the earner ceases, nor is the person with whom
the same is stored liable for any loss or damage on account thereof, unless the
same results from his negligence or want of proper care.

388

GENEEAL POLICE OF STATE. 315G-3171

3156. Property upon which advances are due may he sohl, lolien.

Sec. 3156. Wlien any commission mcrcliant or warehouseman receives on
consignment produce, merchandise, or other property, and makes advances
thei'eon, either to the owner or for freight and charges, he may, if the same is
not paid to him within sixty days from the date of such advances, cause the
produce, merchandise, or propex'ty on which the advances were made, to be
advertised and sold as provided herein.

3157. Fees of officers.

Sec. 3157. The fees of officers \ander this chapter are the same allowed for
similar services in other cases provided in this code, to be paid by the taker up
or finder, and recovered of the owner.

CHAPTER yil.

MARKS AND BRANDS.

Abticle I. Mabks and Brands 3107

II. Regulations relating to Marks and Brands 3182

III. Tbade-Maeks 3196

ARTICLE I.

MARKS AND BRANDS.

3167. Owners of cattle to keep a mark, brand, and counterhrand.

Sec. 3167. Owners of horses, mules, cattle, sheep, goats, or hogs running at
large must have a mark, brand, and counterbrand different from any one in
use by any other person, so far as may be known.

3168. To record brands.

Sec. 3168. Every owner must record with the recorder of the county his
mark, brand, and counterbrand by delivering to the recorder his mark, cut
upon a piece of leather, and his brand and counterbrand burnt upon it, which
shall be kej)t in the recorder's ofl&ce. A certified copy thereof made by the
recorder, with the seal of his office attached thereto, is evidence on the trial of
any action in a court of competent jurisdiction as to the ownership of all animals
legally marked or branded. The recorder must enter in a book to be kept by
him for that purpose a cox)y of the marks, brands, and counterbrands; but he
must first be satisfied that such brand and counterbrand tendered to him for
record is unlike any other mark, brand, or counterbrand in the county, and,
as far as his knowledge extends, is different from any other in the state. For
recording the mark, brand, and counterbrand the recorder is entitled to de-
mand and receive one dollar.

3169. Recorders' duties respecting recorded marks, etc.

Sec. 3169. Every recorder in this state must transmit to the recorders of the
adjoining counties a transcript of all the marks, brands, and counterbrands
recorded in his office, to be filed by such recorders in their offices, and reference
thereto must be made in every case of application for the record of marks and
brands.

3170. Marks and brands not laitful unless recorded.

Sec. 3170. No mark, brand, or counterbrand is lawful unless recorded as
provided in this article, nor shall any person use more than one mark or brand,
unless he is the owner of more than one ranch or farm.

3171. CerHain mai'ks not allowed.

Sec. 3171. No person must use a mark by cutting off the ear or by cutting
the ear on both sides to a point.

389

3172-3196 POLITICAL CODE.

3172. Branding of animah.

Sec. 3172. Every person must mark or brand Lis horses and mules before
they are eight mouths old, and cattle befoi'e they are twelve months old, on the
hip or hinder part, and mark or brand his slieej), goats, and hogs, before they
are six months old. On the trial of unj action to recover the possession of any
animal which is marked or branded, the mark or brand is prima facie evidence
that the animal belongs to the owner of the mark or brand. When a dispute
occurs in regard to a mark or brand, the person first recording the same is
entitled thereto. [Amendment, approved March 30, 1871; Amendmenls 1873-4,
43; took- effect July 6, 1874.<''>

ARTICLE II.

REGULATIONS RELATING TO^MARKS AND BRANDS.

3182. Begnlaiions for selling catUe, etc.

Sec. 3182. Persons selling cattle, horses, mules, jacks, or jennies, must coun-
terbraud them on the shoulders, or give a written descriptive bill of sale.

3183. Penalty for using more than one mark or an unrecorded mark.

Sec. 3183. Any person who uses any mark, brand, or counterbrand other
than the one recorded by him, except by the consent of the owner of such
other mark, brand, or counterbrand, or uses more than one mark, brand or
counterbrand otherwise than is j)rovided in Article I, or suifers his ward, child,
apprentice, or servant to use any other than his own mark, brand, or counter-
brand on those of the stock they run with, forfeits to any person suing therefor
the stock so marked or branded with any other than the proj^er mark or brand
recorded by him. This section does not extend to any stock which may descend
to any ward, child, apprentice, or servant by the gift or devise of any person
other than the guardian, jDarent, or master of such ward, child, apprentice, or
seiwant; but the marks, brands, and counter brands of such minors, apprentices,
or servants must be recorded as other marks, brands, and counterbrands.

3184. Fraudulently rtiismarking cattle.

Sec. 3184. If any person has knowledge of any person, who, with the intent
to defraud or willingl}- mismarks or misbrands any stock not his own, or kills
any stock running at lai'ge having a proper owner, the person having such
knowledge must, within ten days thereafter, give information thereof to some
justice of the peace of the proper county.

3185. Hides of slaughtered cattle to he kept.

Sec. 3185. All persons slaughtering cattle must keep the hides, with the ears
attached, for fifteen days; and all i:)ersons having such hides in their possession
must exhibit the same for examination on demand being made by any person.

ARTICLE III.

TRADE-MARKS.

3196. " Trademarks" defined.

Sec. 319G. The phrase "trade-mark" as used in this chapter includes
eveiy description of word, letter, device, emblem, stamp, imprint, brand,
printed ticket, label, or wrajiper usually affixed by any mechanic, manufacturer,
druggist, merchant, or tradesman, to denote any goods to be goods imported,
manufactured, i)roducfd, compounded, or sold by him, other than anj^ name,
word, or expression generally denoting any goods to be of some particular class
or description.

(a) The original Bection Lad the word " primary " instead of " prima facie."

390

GENEEAL POLICE OF STATE. 3197-3212

3197. Person may secure exclusive use of trade-mark, hoiu.

Sec. 3197, Auy person may secure the exelush^e use of any sucli trade-mark
or name b3^ filing with the secretar}^ of state his claim to the same and a copy
or description of such trade-mark or name, with his affidavit attached thereto,
certified to bj^ any officer authorized to take acknowledgments of conveyances,
setting forth that he (or the firm or corporation of which he is a member) is the
exclusive owner or agent of the owner of such trade-mark or name.

3198. Record of trade-marks kept by secretary of state.

Sec. 3198. The secretary of state must keep for public examination a record
of all trade-marks or names filed in his office, with the date when filed and
name of claimant; and must at the time of filing collect from such claimant a
fee of three dollars in gold coin, to be paid into the state library fund.

3199. Original oivners of trade-marks.

Sec. 3199. Any person who has first adopted, recorded, and used a trade-
mark or name, whether within or beyond the limits of this state, is its original
owner. Such ownership may be transferred in the same manner as personal
property, and is entitled to the same protection by suits at law; and any court
of competent jurisdiction may restrain, by injunction, any use of trade-marks
or names in violation of this chapter.

CHAPTEE VIII.

WEIGHTS AND MEASUEES.

3209. Standard of weights and measur-es.

Sec. 3209. The standard weights and measures now in charge of the sec-
retary of state being the same that were furnished to this state by the govern-
ment of the United States, and consisting of one standard yard measure; one
set of standard weights, comprising one troy pound, and nine avoirdupois
weights of one, two, three, four, five, ten, twenty, twenty-five, and fifty pounds,
resj)ectively; one set of standard troy ounce weights, divided decimally from
ten ounces to the one ten-thousandth of an ounce; one set of standard liquid
capacity measures, consisting of one wine gallon of two hundred and thirty-one
cubic inches, one half gallon, one quart, one pint, and one half pint measure;
and one standard half bushel, containing one thousand and seventy-five cubic
inches and twenty-one hundredths of a cubic inch, according to the inch
hereby adopted as the standard, are the standards of weights and measures
throughout the state.

3210. Unit of extension.

Sec. 3210. The standard yard is the unit or standard measure of length and
surface from which all other measures of extension, whether lineal, superficial, or
solid, are derived and ascertained.

3211. Division of yard.

Sec. 3211. The yard is divided into three equal parts, called feet, and each
foot into twelve equal parts, called inches; for measures of cloth and other
commodities commonly sold by the yard it may be divided into halves, quarters,
eighths, and sixteenths.

8212. Bod, mile, and chain.

Sec. 3212. The rod, pole, or perch contains five and a half yards, and the mile
one thousand seven hundred and sixty yards; the chain for measuring land
is twenty-two yards long, and divided into one hundred equal parts called
links.

391

3213-3223 POLITICAL CODE.

3213. Acre.

Sec. 3213. The acre for land measure must be measured horizontally, and
contains ten square chains, and is equivalent in area to a rectangle sixteen rods
in length and ten in breadth; six hundred and forty acres being contained in
a square mile.

3214. Unit of weights.

Sec. 3214. The standard avoirdujiois and troy weights are the units or stand-
ards of weight from which all other weights are dei'ived and ascertained.

3215. Division of pound.

Sec 3215. The avoirdupois pound, which bears to the troy pound the ratio
of seven thousand to live thousand seven hundred and sixty, is divided into six-
teen equal parts, called ounces; the hundred weight consists of one hundred
avoirdupois pounds, and twenty hundred weight constitute a ton. The troy
ounce is equal to the twelfth part of the troy pound.

3216. Unit of liquid measures.

Sec. 3216. The standard gallon and its parts are the units or standards of
measure of capacity for liquids, from which all other measures of liquids are
derived and ascertained.

3217. Barrel and hogshead.

Sec 3217. The ban-el is equal to thirty-one and a half gallons, and two bar-
rels constitute a hogshead.

3218. Unit of solid measure.

Sec 3218. The standard half bushel is the unit or standard measui'e of
cai')acity for substances other than liquids, from which all other measvu-es of
such substances are derived and ascertained.

3219. Division of half bushel.

Sec. 3219. The peck, half 2>eck, quarter peck, quart, and pint measures for
measuring commodities other than liquid are derived from the half bushel by
successively dividing that measure by two.

3220. Division of capacity for commodities sold by heap measure.

Sec. 3220. The measures of cai:»acity for coal, ashes, marl, manure, Indian
corn in the ear, fruit, and roots of every kind, and for all other commodities
commonly sold by heap measure, are the half bushel and its multii^les and
subdivisions; and the measures used to measure such commodities must be
made cylindrical, with plane and even bottom, and must be of the following
diameters from outside to outside: the bushel, nineteen and a half inches;
half bushel, fifteen and a halt' inches, and the peck, twelve and a third inches.

3221. Tlrap measure.

Sec 3221. All commodities sold by heap measure must be duly heaped up
in the foi-m of a cone; the outside of the measure, by which the same are meas-
ured, to be the limit of the base of the cone, and such cone to be as high as the
article will admit.

3222. Contracts construed accordingly.

Sec 3222. Contracts made within this state for work to be done or for any-
thing to be sold or delivered by weight or measure, must be construed according
to the foregoing standards.

3223. Weights of bushels of various products.

Sec 3223. Whenever wheat, lye, Indian corn, barley, buckwheat, or oats are
sold by the bushel, and no special agreement as to the weight or measurement is
made by the parties, the bushel consists of sixty pounds of wheat, of fifty-four
pounds of rye, of fifty-two pounds of Indian corn, of fifty pounds of barley, of
forty pounds of buckwheat, and of thirty-two pounds of oats.

392

GENERAL POLICE OF STATE. 3233-3234

CHAPTER IX.

LABOR AND MATEKIAL ON TUBLIC BUILDINGS.

3233. Labor on public buildings must be done by day's work.

Sec. 3233. All work done ujion the public buildings of this state must be
done under the supervision of a superintendent, or state officer or officers
having- charge of the work, and all labor employed on such buildings, whether
skilled or unskilled, must be emj)loyed by the day, and no work upon any of
such buildings must be done by contract.

3234. Material must be furnished by contract.

Sec. 3234. All materials to be used on any of the public buildings must be
furnished by contract, in accordance with the plans and specifications and pro-
posals therefor.

Au Act to regulate the erection of public buildiugs and structures.
Approved April 1, 1872; 1871-2, 925.

Plans and specifications — Advertisement.

Section 1. When by any statute of this state power is given to any state or
county officer or officers, or to any board of supervisors or corporation, or any
board of trustees or commissioners, or other person or persons created or ap-
pointed by authority of any such statute, to erect, or cause to be erected or
constructed, any state or county or other building or structure, it shall be the
duty of said officer or officers, board of supervisors, corporation, or board of
trustees, or commissioners, or other j)erson or persons, to advertise for plans
and specifications in detail for said building or other structure, and to state in
said advertisement the amount authorized by law or otherwise to be expended
for the erection of said building or structure; and also the premium to be
awarded to the architect whose plans and s^^ecifications for the same may be
adoj)ted.

Architect's bond for contract.

Sec. 2. Whenever the plans and specifications of any architect shall be
adopted, such officer or officers, board of supervisors, or corporation, or board
of trustees, or commissioners, or other person or persons so adoj^ting the same,
shall, before any premium shall be awarded for such plans and specifications,
require such architect to execute and file with such officer or officers, board of
supervisors, corporation, or board of trustees, or commissioners, or other per-
son or persons, a good and sufficient bond, with two sufficient sureties thereto,
in the penal sum of five thousand dollars, to be approved by such officer or
officers, board of supervisors, corjDoration, or board of trustees, or commis-
sioners, or other person or persons, as the case may be, and conditioned that
within sixty days from the date of said bond he will, on presentment to him,
euter into a contract containing such provisions and conditions as may be
required by such officer or officers, board of supervisors, corporation, or board
of trustees, or commissioners, or other person or persons; and also condi-
tioned that he will give such further bond to secure the faithful performance of
such contract, with such sureties as may be required of him, in the event that
such officer or officers, board of supervisors, corj)oration, or board of trustees,
or commissioners, or other person or persons, so acting under authority of law
should, within said sixty days, require said architect to enter into such con-
tract to erect such building or structure, at the price named in said advertise-
ment to be expended for such purpose. In case said architect whose plans and
specifications are adopted should enter into such contract, it shall be the duty
of such officer or officers, board of supervisors, corporation, or board of

393

3234 POLITICAL CODE.

trustees, or commissioners, or other person or persons, to employ a competent
architect or superintendent to superintend the erection of such building or
structure, and to see that such plans and specifications are faithfully carried out.

When contracts void.

Sec. 3. All contracts entered into Ly such officer or officers, hoard of super-
visors, corporation, board of trustees, commissioners, or other jDcrson or per-
sons, in violation of the provisions of this act, sliall be null and void.

Sec. 4. This act shall take eflect and be in force from and after its passage.

An Act to regulate contracts ou behalf of the state, iu relation to erections and buildings.
Approved March 23, 187G; 1872-6, 427.

Before contracting, j^^cins to be furnished.

Section 1. That in all cases where the commissioners, directors, trustees, or
other officer or officers, to whom is confided b^'- law the duty of devising and
superintending the erection, alteration, addition to, or improvement of any
state institution, asjdum, or other improvement, erected, or now being erected,
or to be erected, by the state, such commissioners, directors, trustees, or other
officer or officers, before entering into any contract for the erection, alteration,
addition to, or improvement of such institution, asylum, or other improvement,
or for the supply of materials therefor, the aggregate cost of which erection,
alteration, addition, or improvement, and materials therefor, exceed the sum of
three thousand dollars, shall make, or procure to be made, a full, complete,
and accurate plan or plans of such institution, asylum, or other improvement,
or of an}- addition to, or alteration, or improvement thereof, in all its parts,
showing all the necessary details of the work, together with working plans
suitable for the use of the mechanics or other builders during the construction
thereof, so drawn and represented as to be j^lain and easily understood; and,
also, accurate bills, showing the exact amount of all the different kinds of
materials necessary in the erection thereof, addition thereto, or in the alteration
or improvement thereof, to accompany said plan or plans; and, also, full and
complete specifications of the work to be done, showing the manner and style
in which the same will be required to be done, giving such directions for the
same as will enalile any competent mechanic or other builder to carry them out,
and afford the bidders all needful information to enable them to understand
what will be required in the erection, addition to, alteration, or improvement
of such institution, asylum, or other improvement, and to make, or cause to be
made, a full, accurate, and complete estimate of each item of expense, and the
entire aggregate cost of such institution, asylum, or other improvement, or of
any addition to, alteration, or improvement thereof, when completed.

Plans, etc., to be approved by governor, treasurer, and secretary of state.

Sec 2. That such plans, drawings, rei^resentations, bills of materials, and
specifications of work, and estimates of the cost thereof, in detail and in the
aggregate, as are required in the first section of this act to be made, shall be,
when made, submitted to the governor, state treasui-er, and secretary of state,
for their approval, and if approved by them, a copy thereof shall be dei)osited
and safely kept in the office of controller of state.

Sealed jtroposals, votice of.

Sec. 3. That after such plans, descriptions, bills of materials, and specifica-
tions, and estimates, as are in this act required, are made and ajjproved, in
accordance with the requirements of this act, it shall be, and is hereby made,
the duty of such commissicniers, directors, trustees, or other officer or officers,
to whom the duty of devising and superintending the erection, addition to,
alteration, or improvement of such institution, asylum, or other improvement,

3U4

GENERAL POLICE OF STATE. 3234

as in this act provided, to give or cause to be given public notice of tlic time
and place, when and where sealed proposals will be received for perfonning the
labor and furnishing the materials necessaiy to the erection of such institution,
asylum, or other improvement, or for the adding to, altering, or improvement
thereof, and a contract or contracts, based on such sealed proposals, will be
made; which notice shall be i:)ublished weekly for four consecutive weeks next
preceding the day named for the making of such contract or contracts, in the
paper having the largest circulation in the county where the work is to be let,
and in two daily papers having the largest circulation and published each in the
cities of San Francisco and Sacramento, and shall state when and where such
plan or plans, descriptions, bills, and specitications can be seen, and which
shall be open to public inspection at all business hours between the date of such
notice and the making of such contract or contracts.

Bond that contractor will perform contract.

Sec. 4. That on the day named in said public notice, said commissioners,
directors, trustees, or officer or officers as aforesaid, shall proceed to publicly
open said sealed proposals, and shall award such contract or contracts for doing
the work and furnishing materials for the same, to the lowest bidder, giving
resiDonsible bonds ; provided, always, that no i:)roposaIs shall be considered
unless accompanied with a bond of said proposer, equal to ten per cent, of his
j)roposal, with sufficient sureties, conditioned, that if said proposal shall be
accepted, the party jiroposiug will duly enter into a proper contract, and faith-
fully perform his or their contract or contracts, in accordance with said proposal,
and the plan or plans, specifications, and descriptions, Avhich shall be and are
hereby made a part of such contract or contracts; and provided further, that
such contract or contracts shall not be binding on the state until they are sub-
mitted to the attorney-general, and by him found to be in accordance with the
provisions of this act, and his certificate thereon to that effect made; and j)ro-
vided further, that if in the opinion of such commissioners, directors, trustees,
or other officer or officers, the acceptance of the low^est bid or bids shall not be
for the best interests of the state, it may be lawful for them, wdth the written
advice and consent of the governor, state treasurer, and secretaiy of state, to
accept such jproposal or proposals opened, as in their oj)inion may be better for
the interests of the state, or reject all proposals and advertise for others in the
manner aforesaid. All contracts shall provide that such commissioners, direc-
tors, trustees, or other officer or officers may, as hereinafter provided, and on
the conditions stated, make any change in the work or materials.

No change in plan to be made unless ajyproved as original.

Sec 5. That no change of the plan or plans, descriptions, bills of materials,
or specifications, which shall either increase or decrease the cost of said institu-
tion, asylum, building, or improvement, exceeding the sum of one thousand
dollars, shall be made or allow^ed, after they are once approved and filed with
the controller of state as herein required, until such proposed change shall
have received the approval of the governor, state treasurer, and secretaiy of
state; and when so approved, the plan or plans of such change, with the de-
scription thereof, and the specifications of the work, and bills of material, shall
be filed with the controller of state in the same manner as required before such
change w^as made; and no allowance whatever shall be made for work jier-
formed or materials furnished under such change of i)lan or plans, or descrip-
tions, or specifications, or bills of materials, unless, before such labor is
performed and materials furnished, a contract or contracts therefor is made in
writing, which contract or contracts shall show distinctly the nature of such
change, and shall be subject to all the conditions and provisions herein imposed

395

3234 POLITICAL CODE.

xi])on the orig-inal contracts, and be subject also to tlie api^roval of the attorney-
general as hereinbefore provided; provided, that all changes in the contract
exceeding five hundred dollars, shall be by contracts in writing, with full speci-
fications and estimates, and shall become a part of the original contract, and
shall be filed with the controller of state, with the original contract; and pro-
vided further, that the amount of such change in the contract, plans, descrip-
tions, bills of materials, or specifications, shall not, in the aggregate, increase
the cost of construction of said institution, asylum, building, or improvement,
more than three per centum of the original contract price or cost.

Wliole cost not to exceed amoiuit authorized by laiu.

Sec. 6. That no contract or contracts shall be made for the labor or material
herein provided for at a price in excess of the entire estimate thereof, in this
act required to be made, and the entire contract or contracts shall not, includ-
ing estimates of expenses for architects and otherwise, exceed in the aggregate
the amount authorized by law for such institution, asylum, building, or other
improvement, or such addition to, or alteration or improvement thereof, under
the 25enalties of section ten of this act hereinafter provided.

Directors, etc., to estimate labor and materials, and amount due.

Sec 7. At the time or times named in the contract or contracts made and
filed with the controller of state, or which has been previously made and filed
with him, in accordance with the provisions of this act, for payment to the
person or persons with whom such contract or contracts had been made, it shall
be and is hereby made the duty of the commissioners, directors, trustees, or
other oificer or officers, to whom is confided the duty of superintending the
erection of such institution, asylum, building, or imjirovement, or adding
to, altering, or improving the same, to make or cause to be made a full,
accurate, and detailed estimate of the various kinds of labor performed
and materials furnished under such contract or contracts, with the amount
due for each kind of labor and materials, and the amount due in the
aggregate, which estimate shall be based upon an actual measurement of the
labor so performed and materials so furnished, which estimate shall, in all cases,
give the amounts of the jn-eceding estimate or estimates, and the amount of
labor performed and materials furnished since the last estimate, which estimate
or estimates so made, as in this act required, shall be recorded in a book for
that purpose to be provided and kept, or caused to be kept, by the said com-
missioners, directors, trustees, or other officer or officers, and a certified copy
thereof, addressed to the controller of state by the said commissioners, direc-
tors, trustees, or other officer or officers, or by such person as they may
designate for that purpose, be delivered to the contractor or contractors entitled
thereto; provided that upon all estimates of materials furnished and delivered,
and not actually having entered into and become a part of said institu-
tion, building, or other improvement, there shall not be paid, until the same
shall be incorporated into and become a part of said institution, building, or
other improvement, exceeding fifty per centum of such estimated value.
Controller to compare estimate with contract.

Sec. 8. It sliall be the duty of the controller of state, on the receipt of such
estimate so certified and ai)i)roved, to compare carefully i\\e same with the con-
tract or contracts under which labor was done or materials furnished, and if
there had been any previous estimates, then with such estimates; and if, upon
such comparison, he shall find such last-named estimate in all respects cor-
rect, he shall number the same, place it on file, and have a record thereof
made, and give to the jjcrson or persons entitled thereto, taking his or their
receipt therefor, a warrant on the treasurer of state for the amount shown

39G

GENERAL POLICE OF STATE. 323^

by sncb estimate or estimates to be due, less the amount of ten per centum
thereon, which shall be retained as an additional security for the faithful per-
foiTnance of his or their contract or contracts, and shall be forfeited to the state
in the event of a failure of such contractor or contractors to conform in good
faith to the terms and conditions of such contract or contracts; but when the
labor to be performed and materials furnished, \inder such contract or contracts,
is performed and furnished, and a final estimate thereof made, the controller of
state shall include in the warrant or warrants for the amount of such last esti-
mate the percentage retained on former estimates.

Sec. 9. The treasurer of state shall pay the wai-rants issued by the controller
of state, under and by virtue of the provisions of this act, placing the same on
file, and keeping a register of the names of the person or persons to whom such
warrants are paid.

Officer making fraudulent plavs or estimates.

Sec. 10. Any commissioner, director, trustee, or other officer or person other-
wise api^ointed, whose duty it is to superintend, in whole or in part, the erec-
tion of such institution, asylum, building, or imj)rovement, or of adding to,
altering, or the improvement thereof, or the making of the plans, descriptions,
and specifications of the labor to be performed and materials to be furnished,
as j)ro\ided in this act, and the estimates of the cost thereof, or the estimates
of the amount of labor done and materials furnished from time to time, under
and in accordance with the terms and conditions of the contracts in this act
authorized to be made, and the provisions of this act, who shall, in the per-
formance of the duty herein imposed upon him or upon them, knowingly make
incomj^lete or fraudulent plans, drawings, bills of materials, specifications of
work, or estimates of the cost thereof, or permit the work in any other manner
than is prescribed in such plans, descrij^tions, and specifications, or with mate-
rials inferior to that required by such bills of materials, to the injury of the
state; or shall knowingly make false estimates of the labor done or materials
furnished, either in the quantity or price thereof, to the injury of the state; or
any contractor, or any agent of any contractor or contractors, who shall know-
ingly permit materials to be used or work to be done inferior to, or in violation
of, the contract of such contractor or contractors, to the injury of the state,
shall be deemed and held guilty of a felony, and, upon conviction thereof, shall
be confined in the state prison for not less than one year nor more than five
years, and be liable to the state for double the amount the state may have lost,
or be liable to lose, by reason thereof.

Attorney-general to enforce contracts.

Sec. 11. It shall be the duty of the attorney-general to have charge of and
direct all the jDroceedings necessary to enforce the contracts authorized by this
act and the provisions of this act, against such person or persons as become
liable to the penalties herein prescribed.

Officers to require diligence in contractor.

Sec 12. "Whenever, in the opinion of the commissioners, directors, trustees,
or other officers charged with the duty of devising and superintending the erec-
tion, alteration, addition to, or improvement of any state institution, asylum,
building, or other improvement under this act, or any law of this stale, the
work under any contract made in pursuance of this act, or any such law, is
neglected by the contractor or contractors, or that the same is not j^rosecuted
with the diligence and force specified, meant, or intended in and by the terms
of the contract, it shall be lawful for such commissioners, directors, tnistees, or
other officers, to make a requisition upon such contractor or contractors for such
additional specific force, or for such additional specific materials, to be brought

397

3234-3245 POLITICAL CODE.

into the work under such contract, or to remove improper materials from the
grounds, as in the judgment of such commissioners, directors, trustees, or other
officers, said contract and its due and faithful fulfillment require; of which ac-
tion of said board or other officers, due notice in writing, of not less than five
days, shall be served upon such contractor, or his or their agent having charge
of the work. And if such contractor or contractors fail to comply with such
requisition within fifteen days, it shall be lawful for said commissioners, direc-
tors, trustees, or other officers, with the consent, in Avriting, of the governor,
treasurer of state, and secretary of state, to employ upon such work the addi-
tional force, or supply the materials so specifically required as aforesaid, or
such part of either, as they may deem proper, and to remove i}uproj)er materi-
als fn)m the grounds; and it shall be the duty of such commissioners, direc-
tors, trustees, or other officers, to make separate estimates of all such additional
force or materials so employed or supplied as aforesaid, and which, being
certified to by said commissioners, directors, trustees, or other officers, shall be
paid by the controller of state the same as if made out agreeably to section
seven of this act, and the amount so paid shall be charged against said con-
tractor or contractors, and deducted from his or their next, or any subsequent
estimate; or the same, or any part thereof, not paid as aforesaid, may be recov-
ered by action from such contractor or contractors, and their sui^eties.
Time to be fixed for completion of contract.

Sec. 13. In all contracts made under the provisions of this act, there shall be
a provision in regard to the time when the whole, or any specified portion, of
the work contemplated in said contract shall be completed, and also providing
that for each and every day the same shall be delayed beyond such time or times
so named, the said contractor or contractors shall forfeit and pay to the state a
sum of money, to be fixed and determined in said contract, to be deducted from
any payment or payments due, or to become due, to said contractor or con-
tractors.
Applicable to former contracts.

Sec 14. All contracts now made and not performed, for the erection, altera-
tion, addition to, or improvement of, any state institution, asylum, building, or
other improvement, shall, as far as practicable, be performed, completed and en-
forced and settled for under this act, or may, by the consent of the contracting
parties, be made to conform to, and proceed under, the provisions of this act.

Sec. 15. All acts and parts of acts in conflict with the provisions of this act
are herebj'^ repealed.

Sec. 1G. This act shall take effect from and after its passage.

CHAPTER X.

HOURS OF LABOR.

3244. ElgJit hour!< a day's work.

Skc. 3244. Eight hours of labor constitute a day's work, unless it is other-
wise expressly stipulated by the parties to a contract.

3245. Same, on public works.

Sec. 3245. Eight hours' labor constitute a legal day's work in all cases M'here
the same is performed under the authority of any law of this state, or under
the direction, control, or by the authority of any officer of this state acting in
his official capacity, or under the direction, control, or by the authority, of any
municipal coii^oration within this state, or of any officer thereof acting as such;
and a stipulation to that eff'ect must be made a part of all contracts to which
the state or any municipal corporation therein is a party.

* 398

GENEKAL POLICE OF STATE. 3255-3284

CHAPTER XI.

TIME.

3255. Time, how computed.

Skc. 3255. Time is computed according' to the Gregorian or new style; and
the first day of January in every year passed since seventeen hundred and fifty-
two, or to come, must be reckoned as the first day of the year.

3256. Leap year.

Sec. 3250. The several years one thousand nine hundred, two thousand one
hundred, tAvo thoiisand two hundred, two thousand three hundred, or any other
future hundredth year, of which the year two thousand is the first, except only
every fourth hundredth year, are not leaj) years, but common years of three
hundred and sixtj^-five days; and the years two^thousand, two thousand four
hundred, two thousand eight hundred, and every other fourth hundredth year
from the year two thousand, inclusive, and also every fourth year, excejit as
above mentioned, which, by usage, in this state is considered a leap year, is a
leap year consisting of three hundred and sixty-six days.

3257. Year and its parts.

Sec. 3257. The term "year" means a period of three hundred and sixty-five
days; a half year, one hundred and eighty-two days; a quarter of a year, ninety-
one days, and the added day of a leap year, and the day immediately pi'eced-
ing, if they occur in any such period, must be reckoned together as one day.

3253. Week.

Sec 3258. A week consists of seven consecutive days.

3259. Bay.

Sec. 3259. A day is the period of time between any midnight and the mid-
night following.

3260. " Day-time" and "Night-time" defined.

Sec 3260. " Day-time " is the period of time between " sunrise" and " sun-
set," and " night-time" is the period of time between " sunset" and " sunrise."

CHAPTER XII.

MONEY OP ACCOUNT.

3272. Money of account.

Sec 3272. The money of account of this state is the dollar, cent, and mill.
Public accounts and all pi'oceedings in courts must be kept and had in con-
formity to this regulation.

3273. Limitation on preceding section.

Sec 3273. The provisions of the preceding section do not vitiate or affect any
account, charge, or entry originally made, or any note, bond, or other instru-
ment expressed in any other money of account; but the same must be reduced
to dollars, or parts of dollars, in any suit thereupon.

3274. Amount, how stated in judgments, etc.

Sec 3274. In judgments and executions the amount thereof must be com-
puted and stated as near as may be in dollars and cents, rejecting fractions.

CHAPTER XIII.

AUCTIONS.

Article I. Auctioneees 3284

II. Regulations eespectino Sales 3302

III. Frauds and Penalties 3322

ARTICLE I.

auctioneeks.
3284. Who may become auctioneers, and how.

Sec 3284. Any citizen of this state may become an auctioneer for the county

399

3284-3292 POLITICAL CODE.

in which he resides, and is authorized to sell real and personal property at
public auction, on j^iviuL,' a bond in accordance with the provisions of this
article for the faithful performance of his duties, and on the payment of the
license therefor.

3285. Jioiul, SHretit\<, approval, and JiUng.

Skc. 328'). The bond must be conditioned to be paid to the peoi)le of the
State of California, with one or more sureties, in the sum of five thousand dol-
lars, and approved bv the county judge of the county iu which the auctioneer
proposes to do business, and must be filed iu the office of the county clerk of
the county.

3286. GovernmeiU goods are exempt.

Sec. 3280. No auctioneer's tcense is required for the selling of any goods at
public sale belonging to the United States, or to this state, or for the sale of
property by virtue of any jjrocess issued by any state or federal court.

3287. Original appiication, hoio classified.

Si-c. 3287. Even- original apjilication for auctioneer's license must be accom-
panied with a verified statement of the amount of sales proposed to be made
umnthlv, and the license charge must be for the first quarter classified thereby.

3288. Reiu'ival of license.

Sec. 3288. Everj'' auctioneer applying to the tax collector for a renewal of his
license must accompany the ai^plication Avith a statement, under oath, setting
forth that his average receipts jier month on account of sales during the pre-
ceding quarter did not exceed the amount specified in the class of license for
which he applies. The tax collector must provide blank forms of affidavit for
that puiiwse, and administer the oath required to such applicants without
charge.

3289. Ji>'neu'al, for how long — Exceeding class by sales.

Sec 3289. After the first quarter licenses may be issued for the class fixed
for a term not exceeding one year, at the option of the auctioneer. No auc-
tioneer must exceed the amount of sales of the class in which his license is fixed.
For every violation of this section, in addition to the criminal penalty, the
auctioneer forfeits two hundred and fifty dollars.

3290. Xot (o transfer license.

Sec 3290. No auctioneer is permitted to transfer his license to any other
person for any jjaii of the time for which his license is issued ; nor is any
auctioneer permitted to use his license for the purpose of transacting an auction
business in more than one store or specified place of business.
8291. Auflionrers ex officio.

Sec. 3291 . Iu any city or town where there is no auctioneer, the sheriff or a
coiiKtable tliereof is ex officio auctioneer, and is permitted to sell any proi:>erty,
real or pernonal, at public auction; and for any delinquency as such ex officio
auctioneer he is liable on his official bond.

3292. SuhHlittitr, vlio may br, and ivhen.

Sic. 3292. P.very auctioneer in case of inability to attend an auction by reason
of BickncKH, or the performance of any duty imposed upon him by law, or dur-
ing a temjiorary absence from the city or county within which he is auctioneer,
may enq.loy a co])rirtner or clerk to hold such auction in his name and behalf;
such employee to take and file with the clerk of the county an affidavit faith-
fully to perform the duties of auctioneer. But any auctioneer may employ a
crier at any Bale, for whose acts he shall be responsible. [Amendment, approved
March 'M, 1871; J me/icZmcn/x 1873-4, 130; took effixt from passage. ^"^

(a) Theorlglusl section did not have the last eentenoe.

400

GENERAL POLICE OF STATE. 3302-3309

ARTICLE II.

EEGULATIONS KESPECTING SALES.

8302. Auctioneey's in cities to designate their places of business.

Sec. 3302. No auctioneer in any city of this state must have at one time more
than one place for holding auction; and every such auctioneer, before acting
as such, must file with the clerk of the county in which such city is situated a
writing signed by him designating such place, and naming therein the partners,
if any, engaged with him in business.

3303. To sell at no other place.

Sec. 3303. No auctioneer must expose to sale any articles at any other place
than that so designated, excej^t goods sold in original packages as imported,
household furniture, and such bulky articles as have usually been sold in ware-
houses, or in the public streets, or on the wharves.

3304. Power of city authorities.

Sec. 3304. The common council or other corresponding authority of each
city may designate such place or jDlaces therein for the sale by auction of horses,
carriages, and household furniture, as they deem expedient.

3305. Book for live stock.

Sec. 3305. Every auctioneer who sells any animal of the horse kind, or any
mules, must keep a book, in which he must register the name of each and eveiy
person bringing or offering any horse or mule to be sold, and the name of the
j)erson purchasing such horse or mule, together with the date of such sale, and
a description of each horse or mule sold, together with the marks and brands.
The book is a public record, subject to the inspection of any person desiring to
insj)ect the same.

3306. Other books.

Sec 3306. Each auctioneer must keep a book, in which he must enter all sales,
showing the name of the owner of the goods sold, to whom sold, and the
amount paid, and the date of each sale, which book must at all times be open
for the inspection of any person interested therein.

3307. Advertisement of auction sales in San Francisco.

Sec 3307. Every auctioneer in the city of San Francisco must, under his
own name, give previous notice in one or more of the public newspapers printed
in that city of every auction sale made by him; and in case he is connected
with any joerson or firm, his name must in all cases precede, separately and
individually, the name of such j)erson or the title of the firm.

3308. Evening sales in San Francisco and Sacramento.

Sec 3308. All sales of goods by public auction in the cities of San Francisco
and Sacramento must be made in the daytime, between sunrise and sunset,
excepting :

1. Books, prints, or paintings;

2. Goods sold in the original package as imported, according to a printed
catalogue, of which samples must have been opened and exposed to public
inspection at least one day previous to the sale.

3309. Commissions, and penalty for over charge.

Sec 3309. No auctioneer must demand or receive a higher compensation for
his services than a commission of one jjcr cent, on the amount of any sales,
public or private, made by him, unless by virtue of a previous agreement in
writing between him and the owner or consignee. Eveiy auctioneer who
violates this section, in addition to the criminal penalty, forfeits to the party
aggrieved two hundred and fifty dollars, and must refund the excess of charge.
26 401

3310-3337 POLITIC.iL CODE.

3310. (jaarterhj report of sales.

Sec. 3310. Every auctioneer must quarterly make to the county auditor a
report, under oath, showing:

1. The aggregate amount of auction sales made by him for the preceding
quarter, designating the months and the amount for each month;

2. Tlie davs of each month on Avhich auction sales were made, and the char-
acter of property sold by him during each month;

3. The amount of all private sales made, and the day on which they were
made ;

4. A statement of any partner, clerk, or other emi)loyee connected with him
in his business, and what sales, if any, have been conducted by them, and why;
and

5. The particular place where his business is conducted.

AKTICLE III.

FRAUDS AND PENALTIES.

3322. Penally for not reporting, or reporting falsely.

Sec 3322. For every false report made, and for every neglect to make the
report required in the preceding article, the auctioneer thereby forfeits the
sum of two luinili-ed and fifty dollars, to be recovered on his bond,

3323. Penalties, how recovered, and for what.

Sec 3323. The penalties imposed by the provisions of this chapter, not other-
wise appropriated, must be prosecuted for by the district attorney of the pro^jer
county, the moneys recovered to be paid to the county treasurer for the use of
the general fund of the county.

3324. Action on bond.

Sec, 3324. Any one aggrieved or damaged by any act of an auctioneer in
■violation of or contrary to the jn-ovisions of this chaj^ter, has an action against
him and his boudsmeu on his official bond therefor.

CHAPTER XIV.

FIRES AND FIREMEN.

3335. Pire companies, hoiv organized.

Sec 333.^. Fire companies in incorporated cities and towns are formed and
organized under special laws, or under authority conferred upon the city or
town government. Those in unincorporated towns and villages are organized
by fib'ng with the recorder of the county in wliich they are located a certificate
in writing, signed by tlie foreman or presiding officer and secretary, setting
forth tlie date of the organization, name, officers, and roll of active and honor-
ary members, which certificate and filing must be renewed exerj six months.

3336. To elect officers and adopt and enforce by-laws.

Sec. 3336. Every such fire company must choose or elect a foreman, who is
the presiding officer, and a secretary and treasurer, and may establish and adoi)t
by-laws and regulations, and impose penalties, not exceeding five dollars or
expulsion for each offense.

3337. Firemen exempt from m Hilary and jury duly.

Si;c. 3337. Tlie officers and members of unpaid fire companies regularly
organized and exempt firemen are not subject to military duty, except in case
of war, invasion, or insurrection, nor are they subject to perform juiy duty.

402

GENERAL POLICE OF STATE. 3338-3344

8338. Exempt certificate, by and to whom issued.

Sec. 3338. Every fireman who has served five years in an organized fire com-
pany in this state is an " exemjit fireman," and must receive from the chief
engineer of the department to which he belonged a certificate to that effect.
Every active fireman must have a certificate of that fact signed by the chief of
the fire department or the foreman of the company to which he belongs; such
certificates must be countersigned by the secretary, and over the seal of the
company, if one is provided. Either certificate entitles the holder to exemption
from military and jury duty.

3339. County clerk may issue exempt certificates, when.

Sec. 3339. In lieu of issuing certificates to exempt firemen by the chief of the
fire department, as provided in the last section, on the certificate of the fore-
man and secretary of any fire comj^any, or the chief of the department, pro-
visions being made therefor in the by-laws of the company, "exempt certifi-
cates ' ' ma}' be issued by the clerk of the county over his official seal and sig-
nature, which entitles the holder to like exemption from military and jur^'duty.

3340. Seal of department, who to use and keep.

Sec. 3340. Every fire department regularly organized may adopt a department
seal, having upon it the arms of the state, and the name of the particular fire
department to which it belongs, which must be under the control of and for
the use of the secretary, and be by him afiixed to exempt certificates, certificates
of active membership, and such other documents as the by-laws may provide.
The secretary of every dej^artment having a seal must take the constitutional
oath of office and give such bond as the by-laws provide for the faithful
performance of his duties.

3341. Record of membership of fire department.

Sec. 3341. The secretary of the fire department, or fire company, must keep
a record of all certificates of exemption or active membership, the date thereof,
and to whom issued; and when no seal is provided, similar entries of certifi-
cates issued to obtain county clerk's certificates. Every such certificate is
prima facie evidence of the facts therein stated. [Amendment, approved March
30, 1874; Amendments 1873-4, 43; took efi'ect July 6, 1874; 437. ^*'

3342. Duties of chief of fire department.

Sec 3342. The chief of every fire department must inquire into the cause of
every fire occurring in the city or town of wdiich he is the chief, and keep a
record thereof ; he must aid in the enforcement of all fire ordinances duly
enacted, examine buildings in process of erection, rej^ort violations of ordi-
nances relating to prevention or extinguishment of fires, and when directed by
the proper authorities institute prosecutions therefor, and j^erform such other
duties as may be by proper authority imposed upon him. His compensation
must be fixed and paid by the city or town authorities.

3343. Chief to attend fires and preserve py-operty.

Sec 3343. Every chief of a fire department must attend all fires with his
badge of office conspicuously displayed, must prevent injury to, take charge of,
and preserve all property rescued from fires, and return the same to the owner
thereof on the payment of the expenses incurred in saving and keeping the
same, the amount thereof, when not agreed to, to be fixed by the police or
county judge.

3344. Setting ivoods on fire.

Sec 3344. Every person negligently setting fire to his own woods, or negli-
gently suffering any fire to extend beyond his own land, is liable in treble
damages to the party injured.

(o) The original section had the word " primary " insteiid of " prima facie."

403

3315-33C0 POLITICAL CODE.

3345. Krli)igui.<hiiigjire in icoods.

Seo. 3345. Wheuever the woods are on fire any justice of the peace, eon-
stable, or road overseer of the township or district where the fire exists, may
oilier as many of the inhabitants liable to road poll tax, residing in the vicinity,
as may be deemed necessary, to repair to the place of the lire and assist in
extinguishing or stopping it.

CHAPTER XV.

LICENSES.

Abticle I. Gkskral Provisions 3356

II. Classikic.\tion and Taxkb 3376

ARTICLE I.

GENERAL PROVISIONS,

3356. Licenses to he prepared and printed.

Sec. 3356. Each county auditor must prepare and have printed blank licenses
of all classes mentioned in this chapter for terms of three, six, and twelve
months, and for such shorter terms as are herein authorized to be issued, with
a blank receipt attached for the signature of the tax collector when sold.

3357. Auditor to number, sign, and deliver.

Sec. 3357. The county auditor must affix his official seal to, number, and
sign all licenses, and from time to time deliver them to the tax collector in such
quantity as may be required, taking his receipt therefor, and charge him there-
with, giving in the entry the numbers, classes, and amount thereof.

3358. Auditor to keep stumps and license account.

Si.« . 3358. The auditor must keep in his office the stumps of all licenses by
liini delivered to the tax collector, and a ledger in which he must keep the col-
lector's account for all licenses delivered to him, sold, or returned unsold by
him. A correct statement of the collector's license account must be certified
t(i the county treasurer each month by the auditor.

3359. When license to be produced.

Sec. 3359. A license must be procured immediately before the commence-
ment of any business or occupation liable to a license tax from the tax collector
of the county where the applicant desires to transact the same, which license
HutliorizeB the party obtaining the same in his town, city, or particular locality
in the county to transact the business described in such license; separate
licenses must be obtained for each branch establishment or separate house of
business located in the same county. No license issued under this chapter
antiiorizes any person to cany on any business within the limits of any incor-
porated city or town having power by its charter to impose or levy city or town
license taxew, unless such person, in addition to the license provided by this
c'hapter, also jjrocures tbe license recpiired by the ordinances or orders of such
city or town.

3360. Suit against drlijupmU — Damages.

Sr.c. 33(10. Against any person re(piired to take out a license who fails, neg-
lects, or refuses t<» take out such license, or who carries on or attempts to cany
on business without such license, the collector may direct suit in the name of
the peojde of the State of California as plaintiff, to be brought for the recovery
of the license tax; and in sucli case either the collector or attorney may make
the necessaiy affidavit fur and a writ of attachment may issue without any
bonds being given on behalf of the plaintili"; and in case of a recovery by the

404

GENERAL POLICE OF STATE. 3360-3376

plaintiflf, fifteen dollars damages must be added to the judgment and costs to
be collected from the defendant, and wlien collected five dollars thereof must
be paid to the collector, and ten dollars to the attorney prosecuting the suit.

3361. Tax colleclors — Duties.

Sec. 3361. Each tax collector must make diligent inquiry as to all i)ersons in
his county liable to pay license as provided in this chapter, and nmst require
each person to state, under oath or affirmation, the probable amount of business
which he or the firm of which he is a member, or for which he is an agent or
attorney, or the association or corporation of which he is president, secretaiy or
managing agent, will do in the next succeeding three months; and thereupon,
such person, agent, president, secretaiy or other oificer, must procure a license
from the tax collector for the term desired, and the class for which such party
is liable to pay; and in all cases where an underestimate has been made by the
party applying, the j^arty making such underestimate, or the company he rep-
resented, are required to pay for a license for the next quarter double the sum
otherwise rec^uired.

3362. Proof on trials.

Sec. 3362. Upon the trial of any action authoi-ized by this chapter, the defend-
ant is deemed not to have procured the proper license unless he either produces
it or j)roves that he did procure it; but he may plead in bar of the action a
recovery against him and the paj^ment by him in a civil action of the proj^er
license tax, together with the damages and costs.

3363. First Monday in each month settlements and payments to be made.

Sec. 3363. On the first Monday in each month the collector must return to
the auditor all licenses, unsold, and be credited therewith, and must, with the
auditor, apjDear at the treasurer's ofiice and pay into the county treasuiy, for
the use of the county general fund, all moneys collected for licenses sold during
the preceding month, take the treasurer's receipt therefor, and file duplicates
thereof with the auditor. The auditor must credit the collector and charge the
treasurer therewith.

3364. Fees for issuance of licenses.

Sec. 3364. For each license issued, the collector must collect a fee of one
dollar, which must be paid into the salary fund of the county, unless the auditor
and collector are paid by fees instead of salaries, in which case the dollar must
be equally divided between them; provided, that in the county of SieiTa the fee
so collected shall belong to the collector. \ Amendment, approved March 24,
1874; Amendments 1^1^-4:, 137; took effect from passage. '^"^

ARTICLE II.

CLASSIFICATION AND TAXES.

3376. Classification and license tax.

Sec 3376. Auctioneers are divided into eight classes, and must obtain licenses
from the tax collector as follows:

1. Those whose average monthly sales amount to one hundred thousand
dollars and upwards constitute the first class, and must pay a license of four
hundred dollars per quarter;

2. Those whose average monthly sales amount to seventy-five thousand

(a) The original section did not have the proviso, and not less than the shortest term fixed in this chap-
It was amended by act of March 30. 1874 (Amendments ter." , , ,. , X ■ *• ♦
1873-4, 43), by adding to the original the following This amendment, though later in time seems to
clause- havebeensuperstdedby the amendment in the tixt by

" The license issued must be for a term designated virtue of section 117 of the amendatory act of March

by the person taking it, not to exceed twelve months, 30, 1874; Amendments 18 13-4, CO. See post, 4ia7.

405

337G-3379 POLITICAL CODE.

doUai-s, aud less than one lunulred thousand dollars, constitute tlie second
class, aud must pay a license tax of three hundred dollars per quarter;

3. Those whose "averaoe monthly sales amount to fifty thousand dollars, and
less than seveuty-live thousand dollars, constitute the third class, and must
pay a license tax of two hundred dollars per quarter;

4. Those whose aYera<,^e monthly sales amount to thirty thousand dollars,
and less than lifty thousand dollars, constitute the fourth class, and must pay
u license tax of one hundred and twenty-five dollars per quarter;

0. Those whose average monthly sales amount to twenty thousand dollars,
aud less than thirty thousand dollars, constitute the fifth class, and must pay
tt license tax of one hundred dollars per quarter;

G. Those whose average monthly sales amount to ten thousand dollars, and
less than twenty thousand dollars, constitute the sixth class, and must pay a
license tax of sixty dollars per quarter;

7. Those whose average monthly sales amount to twenty-five hundred and
less than ten thousand dollars constitute the seventh class, and must pay a
license tax of twenty-five dollars jier quarter;

8. Those whose average monthly sales are less than twenty-five hundred
dollars constitute the eighth class, and must pay a license tax of seven dollars
and a half per quarter.

(Sec. 3377 was repealed hy act approved Aj^ril 1, 1872, which, however, does
not ajipear to he published in either the statutes or the codes. It is on file in
the (jffice of the secretaiy of state.]

3378. Bi'idge, ferry, xoharf, chute, or pier license.

Skc. 3378. Licenses to take tolls on bridges, ferries, wharves, chutes, or jaiers
are fixed annually l)y the boards of supervisors. The licenses therein provided
for are issued l.)y the county auditor, and must be obtained from the tax col-
lector of the county.

3379. Brokers, trust companies and others.

Sf.c. 3379. Persons engaged in banking, loaning mone}' at interest, or in
Injying or selling notes, bonds, or other evidences of indebtedness of i^rivate
persons; or in buying or selling state, county, or city stocks, or other evidences
of state, county, or city indebtedness; or stocks, or notes, bonds, or other evi-
dences of indebtedness of incori:)orated companies; or in buying or selling gold
dust, gold or silver bullion, or gold or silver coin, are divided into six classes,
and must pay licenses as follows:

1. Those doing business in the aggregate to the amount of two hundred and
fifty thousand dollars per quarter and over, constitute the first class, and must
\niy u license of one hunchxd dollars per quarter;

2. Those doing business to the amount of tAvo hundred thousand dollars,
nud less than two hundred and fifty thousand dollars per quarter, constitute the
second class, and must pay a license of eighty dollars j^er quarter;

3. Those doing business to the amount of one hundred thousand dollars, and
le«H than two hundred th(jusand dollars per quarter, constitute the third class,
and must pay a license of forty dollars per quarter;

4. Those doing business to the amount of fifty thousand dollars and less
than one hundred thousand dollars per (piarter, constitute the fourth class, and
must jMiy a license of twenty-five dollars per quarter;

f). Those doing business in any amount under fifty thousand dollars, and
over five thousand dollars per quarter, constitute the fifth class, and must pay
a license of fifteen dollars per cpiarter;

n. Those doing l)usiness in any amount under five thousand dollars per
quarter, constitute the sixth class, and must pay a license of three dollars per
quarter.

406

GENERAL POLICE OF STATE. 3380-3382

3380. Licenses.

Sec. 3380. Licenses must be obtained for the juirposes hereinafter named,
for which the tax collector must require payment as follows:

Billiards.

1. From each proprietor of a billiard table, not kept exclusively for family
use, for each table, five dollars per quarter; and for a bowlinjj alley, five dol-
lars per quarter for each alley; but no license must be granted for a term less
than three months.

Theah-es.

2. Theatres are divided into two classes: those seating nine hundred and
seventy-five or more, are of the first class; those seating less than nine hundred
and seventy -five, are of the second class. One seat is twenty-two inches.
License shall be granted to theatres and other places of amusement according
to the following schedule : If for less than one month, first-class, five dollars
per day; second-class, five dollars per day. If for one month, and less than
three months, first-class, one hundred dollars per month; second-class, seventy-
five dollars per month. If for three months, and less than one year, first-class,
three hundred dollars joer quarter; second-class, two hundred dollars per
quarter. If for one year, first-class, six hundred dollars; second-class, four
hundred dollars.

Menagerie.

3. For each exhibition for pay for a caravan or menagerie, or any collection
of animals, circus, or other acrobatic performance, ten dollars; and for each
show for pay of any figures, jugglers, necromancers, magicians, wire or roj^e
dancing, sleight of hand exhibitions, five dollars each day.

Pawnbrokers.

4. From each j)awnbroker, thirty dollars per quarter.
Intelligence offices.

5. From each keeper of all intelligence offices, fifteen dollars jier quarter.
[Amendment, approved March 30, 1874; Aniendmenis 1873-4, 44; took effect July
6, 1874.^*'

3381. Retail liquor licenses.

Sec. 3381. Every person who sells spirituous, malt, or fermented liquors
or wine, in less quantities than one quart, must obtain a license from the tax
collector as j)rescribed in this chapter, and make therefor the following payment:

1. Those making sales to the amount of ten thousand dollars or more as
a monthly average, constitute the first class, and must pay forty dollars per
month;

2. Those making sales to the amount of five thousand dollars, and not exceed-
ing ten thousand dollars as a monthly average, constitute the second class, and
must pay twenty dollars per month;

3. And those making sales of less than five thousand dollars, constitute the
third class, and must pay five dollars per month.

3382. Merchants and keepers of livery stables licenses.

Sec. 3382. Every person who, at a fixed place of business, sells any goods,
wares, or merchandise, wines or distilled liquors, drugs or medicines, jewelry

(a) The original section differed in the eecond, performance, or other musical entertainment, dancing
third and fifth subdivisious. The second was as fol- or ballet, the same pny for license as is herein pro-
lows: vided for a theatre license."

"2. From the manager or lessee of every theatre, five The third, after "circus" had the word " eques-

doUiirs per day, if granted for a less term than one trlan."

month; if granted for one mouth, one hundred dol- The fifth read "of an intelligence office," and If not

lars; if for three months, two hundred dollars; and if Intended to be rendered nugatory whs clearly nt)t im-

for one year, six hundred dollars; and for each exhibi- proved by substituting " of all iutelligeuce offices."
tion of eerenaders, negro minstrels, opera, melodeon

407

3382-3384 POLITICAL CODE.

or wares of precious metals, whether ou commission or otherwise (except agri-
cultural or A-inicultural productions, or the productions of any stock, dairy or
poultry farm of this state, when sold Ly the producer thereof, and except such
08 are sold by auctioneers at public sale under license), and all persons who
keep horses or carrisiges for hire (except such as are used in the transportation
of goods), must obtain from the tax collector of the county in which the busi-
ness is ti-ansacted, and for each branch of such business, license, and pay quar-
terly therefor an amount of money to be determined by the class in which such
pei-sou is placed by the tax collector; such business to be classified and regu-
lated by the amount of the average monthly sales made or hiring done, and at
the rates following:

1. Those who are estimated to make average monthly sales or hiring to the
amount of one hundred thousand dollars or more, constitute the first class, and
must i)ay fifty dollars per mouth;

2. Of seventy-five thousand dollars, and less than one hundred thousand
tlollni-s, constitute tbe second class, and must pay thirty-seven dollars and fifty
cents per month;

3. Of fifty thousand dollars, and less than seventy-five thousand dollars,
constitute the third class, and must pay twenty-five dollars per month;

4. Of forty thousand dollars, and less than fifty thousand dollars, constitute
the fourth class, and must pay twenty dollars per month;

5. Of thirty thousand dollars, and less than forty thousand dollars, consti-
tute the fifth class, and must pay fifteen dollars per month;

C. Of twenty thousand dollars, and less than thirty thousand dollars, consti-
tute the sixth class, and must pay ten dollars per month;

7. Of ten thousand dollars, and less than twenty thousand dollars, constitute
tbe seventh class, and must pay seven dollars and fifty cents per month;

8. Of five thousand dollars, and less than ten thousand dollars, constitute
the eighth class, and must pay five dolhirs per month;

0. Of two thousand five hundred dollars, and less than five thousand dollars,
constitute the ninth class, and must pay three dollars per month;

10. Of all amounts over twelve hundred and fifty dollars, and under two
thousand five hundred dollars per month, constitute the tenth class, and must
pay one d(jllar and fifty cents per month;

11. Of all amounts less than twelve hundred and fifty dollars per month con-
stitute the eleventh class, and must -pay one dollar per month. [Amtmdmenf,
appruvrd March 10, 1874; Amendments 1873-4, 187; took effect immediately }'"'>

8383. J-Jjcceplion in using liquors.

Sec. 3383. The sale of liquors and wines by persons licensed under the pre-
ceding section must not be in less quantity than one quart measure. No license
must be rofinircd of physicians, surgeons, apothecaries, or chemists, for any
wines or sjiiriluous liquors they may use in the preparation of medicines.
3334. Peddlers' and hawkers' license.

Skc. 3384. Every traveling merchant, liawker, or peddler who carries a pack
and vends goods, wares, or merchandise of any kind other than the manufac-
tures or productions of this state, must pay for a license five dollars per month;
and every sucli traveling merchant, hawker, or peddler who uses a wagon, or
one or more animals, for the jjurijose of vending such goods, wares, or mer-
chandise of any kind, must pay for a license fifteen dollars per month; and
every traveling merchant, hawker, or peddler who uses a trading boat or other

(a) Thf orlfc'ln*! wttlr.ii <Il.l not lirivc tlic worrls " or " 9. Of aU amounts under five thouRnnd doUnrs, con-

th<r i-roiliiitlnnH of Huy kIo, k. dalrv or pMultry f.-.rni." Btltute the ninth claBB, and must pay three dollars per

iDKttnil of KulxilviHiouH iilui-, tfu au<i eKveu, It had tlie month."
following:

408

GENERAL POLICE OF STATE. 3384-3387

water craft onl}^ shall pa}^ a merchant's license according to the provisions and
classifications of section 3382 of this code. [Amendment, apj^roved 2Iardi 20,

187G; Amendments 1^1^-0), 50; took effect from passage ^^

3385. Animals kept for propagation to he licensed.

Sec. 3385. Every person who keejDS a stallion, jack, or bull, and who permits
the same to be used for the purpose of propagation for hire, must annually
obtain a license therefor from the tax collector, and pay therefor as follows:

1. Horses that are hired for the purpose of propagation, by the season, at
one hundred dollars or more, constitute the first class, and require a license of
seventy-five dollars;

2. At seventy-five dollars, and less than one hundred dollars, constitute the
second class, and require a license of sixty dollars;

3. At fifty dollars, and less than seventy-five dollars, constitute the third
class, and require a license of forty dollars;

4. At thirty dollars and less than fifty dollars, constitute the fourth class, and
require a license of twenty-five dollars;

5. At fifteen dollars and less than thirty' dollars, constitute the fifth class, and
require a license of fifteen dollars;

G. All at less than fifteen dollars, constitute the sixth class, and require a
license of ten dollars;

7. For each jack, ten dollars;

8. For each bull, ten dollars.

A license so obtained from the tax collector, under the provisions of this act,
shall entitle the holder thereof [to] the right to go into any county of this state
for the piirposes of propagation without further license or expense. {Amend-
ment, appr'oved March 7, 1876; Amendments 1875-6, 56; took effect from pas-
sage}'^''

3386. Certain exhibitions, etc., exempted.

Sec. 3386. The i^rovisions of subdivisions 2 and 3 of section 3380 do not apply
to exhibitions or entertainments given for the benefit of churches, schools, or
other charitable entertainments, by any amateur dramatic association or literary
society of the town or district in which such exhibition or entertainment is
given.

3387. Present incumbents must collect licenses.

Sec. 3387. In every county in this state where any officer other than the tax
collector is charged with the collection of license taxes, such officer must, until
after the expiration of the term of the present incumbent, discharge the duties
cast upon the tax collector under the i^rovisions of Articles I and II of this
chapter.

An Act to facilitate and increase the collection of state and county and municiiJal licenses in
the city and county of San Francisco.

Approved March 30, 1872; 1871-2, 736.

Penalty for transacting business without a license in San Francisco.

Section 1. If any person or persons, whether as principal or principals, agent
or agents, clerk or clerks, employee or employees, or any firm or any member
of any firm or corporation, shall be engaged in carrying on, pursuing, or trans-
acting, within the limits of the city and county of San Francisco, any business,
trade, or profession, occupation or employment, which now is or shall hereafter

(a) The original section after the word "wagon" (6) The original section had only three snbdiviBions,

had the words " boat or othtr water craft," and did which were as follows: "1. For each stallion, fifty dol-

riot have the last clause commencing with the words lars; 2. For each jack, ten dollars; 3. For each bull,

"and every traveling merchant, hawker or peddler ten dollars."
■who uses a trading boat."

409

3387 POLITICAL CODE.

be by law required to be licensed, without Laving first obtained and procured
the license therefor so required by the laws of this state, or by the lawful orders
of the board of supervisors of said city and county, or shall, after five days'
notice in wiiting, refuse, neglect, omit, or fail to comply with any requirement
or requirements, provision or provisions of the laws of this state or orders of
the said board of supervisors requiring such person or persons, firm or corpo-
ration to procure a license, he, she, or they, or either of them, as the case may
be, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall
be punished by a fine of not less than one hundred dollars, or by imprisonment
for a period not exceeding thirty days, in case the fine is not paid.

Foicers ai^d dudes of license collectors.

Sec. 2. The collector of licenses, chief deputy collector of licenses, and
assistant deputy collectors of licenses of said city and county are hereby author-
ized, empowered, and required to collect all state and county licenses provided
for and required by law to be collected within the limits of said city and county,
in addition to the municipal licenses now required to be collected or which
shall hereafter be required to be collected by them or either of them; and it
shall be the duty of said collector of licenses, deputy collector of licenses, and
assistant collectors of licenses to attend to the collection of licenses, and
examine all places of business and persons liable to pay licenses, and to see
that licenses are taken out and paid for. They shall each have and exercise, in
the perfonnance of their official duties, the same powers as police officers in
serving process or summons and in making arrests; also, shall each have and
exercise the power to administer such oaths and affirmations as shall be neces-
sary in the dischai'ge and exercise of their official duties; and they and each of
them are hereby empowered to enter any place of business for which a license
by law is provided and required, free of charge, at their pleasure, and to
demand the exhibition of auy license for the current time, from any person, or
firm, or corporation engaged or employed in the transaction of any business
for which a license is by law rendered necessary; and if such jDcrson, or firm,
or corporation, or either of them, shall be unable, or refuse, or neglect, or fail
to then and there exhibit such license, he, she, or they, as the case may be,
shall be deemed guilty of a misdemeanor, and on conviction thereof shall be
punished as provided by section one of this act for punishment upon conviction
of a misdemeanor.

Ordinances — Cily auditor.

Sec 3. The board of supervisors of the city and county of San Francisco shall
Lave power, by ordinance, to license and regulate all such callings, trades and
eiiij»loymeuts as the public good may require to be licensed and regulated, and
OH are not pnjhibited by law, and shall have power to make all needful miles
and regulations to govern the official conduct and duties of tLe collector of
licenses, d('])uty collector of licenses and the assistant collectors of licenses, who
sliall each hold office during the pleasure of the power appointing them (and
who hliall pursue uo other calling or business), and to alter and amend the same
from time to time in such manner as they may deem proper and for the j^ubhc
good, and to fix the amounts of the bonds to be required from the collector of
licenses and de])uly collector of licenses and assistant collectors of licenses.
The auditor of said city and county is hereby authorized and required to deliver,
from time to time, to the collector of licenses, as many of such municipal
licenses as may bo recjuired; also, to deliver from time to time to said collector
of licenses for collection, sucL state and county licenses as may be required and
such as ho shall have received from the controller of the state, and to sign the
same and charge tLem to tLe collector of licenses receiving them, specifying in

410

GENERAL POLICE OF STATE. 3387

tlie charge the amounts thereof named in such licenses respectively, and the
class of licenses, taldng receipts therefor; and said collector shall proceed to
collect the same, signing the same in lieu of the county treasurer; and he shall
daily pay to the treasurer of the said city and county all moneys so collected for
licenses sold, or by him received as fees; and shall, under oath, at least once in
each calendar month, and oftener when required so to do by the auditor, make
to the auditor a report of all svich licenses sold and on hand and of all amounts
so i)aid to the county treasurer in the same inanner and upon the same condi-
tions as by law the county treasurer heretofore has been required to make return
thereof to the county auditor, and shall at such time exhibit to the auditor all
unsold licenses in his hands and the treasurer's receipts for all moneys paid into
the treasury; and all licenses so signed by the license collector or deputy license
collector shall be as vahd as if signed by the county treasurer. All fees so paid
to him shall be placed to the credit of the special fee fund by the said treasurer.

Appointments and salaries.

Sec. 4. It is hereby made the duty of the mayor, the auditor and the treas-
urer of said city and county, and they are hereby authorized and empowered to
appoint, subject to confirmation by the board of supervisors of said city and
county, one j)erson as collector of licenses for the city and county of San Fran-
cisco, who shall receive a monthly salary of two hundred dollars, payable
monthly; and the said collector of licenses is hereby authorized and empowered
to appoint one dejjuty collector of licenses, who shall be paid a monthly salary
of one hundred and fifty dollars, payable monthly, and three assistant collectors
of licenses, who shall be paid each a monthly salary of one hundred and twenty-
five dollars, payable monthly. Such license collector and deputies shall hold
office during the pleasure of the board of supervisors. All salaries herein pro-
vided for shall be paid from the general fund in the same manner as the salaries
of other city and county officers are paid. The assistant collectors of licenses
and the deputy collector of licenses shall, under the direction and instructions
of the collector of licenses, observing the form and i-ules and regulations pre-
scribed by said collector and board of supervisors, make to the said collector
daily rejDorts of duty performed and daily payments of money received for
licenses and fees; and at the close of each month, and oftener when required by
the collector of licenses, each shall make oath to the auditor that he has so paid
over to the collector of licenses all such moneys, and a failure so to do shall be
a cause for removal from office.

Revoking licenses.

Sec. 5. The police commissioners of the city and county of San Francisco are
hereby authorized and empowered to revoke any licenses provided to be collected
under the provisions of this act upon the conviction in the police judge's court
of any person of disorderly or improper conduct, or any offense upon the prem-
ises of any person holding a license, or upon the conviction of the person holding
said license of any offense which in the judgment of said commissioners ought
to disqualify such person from holding such license.

Duty of county treasurer.

Sec. 6. It shall be the duty of the county treasurer to deliver to the collector
of licenses, immediately upon this act taking effect, all papers, books, mate-
rials, and other property appertaining and belonging to the license department.
And all acts or parts of acts requiring the county treasurer to collect licenses
in the city and county of San Francisco, and all other acts or parts of acts, so
far as they conflict with this act, are hereby repealed; provided, that nothing in
this act contained shall cm-tail the clerical force in the office of the treasurer of

411

3387-3398 POLITICAL CODE.

the city and county of San Francisco Juriug the term of office of the present
incumbent.

Sec. 7. This act shall take effect and be iu force ou and after the twentieth
diiy 6ub.sequeut to its passage.

TITLE VIII.

Propcrtij of tijc State.

Chapter I. The Public Lands 3395

II. The Yosemite Valley and Mariposa Big Tree Grove 3584

III. The State Burying Ground 3596

CHAPTER I

THE PUBLIC LANDS.

Abticle I. Gknkral Pkotisions Respecting thk Public Lands 3395

II. Swamp and Ovkkflowed, Salt Marsh, and Tidk Lands 31-iO

III. School Lands 3494

IV. Paymknts, Ceetificatks 01-- PuncHASE, AND Patents 3512

V. Sklkction and Sale of Univeksity Lands 3533

VI. Puuceedings against Delinquent Purchasers 3546

VII. Miscellaneous Provisions Relating to Public Lands 3566

ARTICLE I.

GENERAL PROVISIONS RESPECTING THE PUBLIC LANDS.

3395. RerjiMer to keep certain accounts and records.

Si:i;. 3395. The register of the state land office must keep separate accounts
and records in relation to each class of lands to which the state is entitled,
which must show:

1. The number of the survey or location, and the date of the approval;

2. The name of the locator, the description of the lauds by legal subdivis-
ions, the price per acre at which they are sold, the amount paid, the date of
payment, the number and date of the certificate of purchase;

3. The date of the patent, when it has been issued.

3396. Musi b'C]} plats, and note locations thereon.

Sec. 3396. He must also keej) plats of such lands, upon which all approved
locati(jns and surveys must be designated by their numbers.

3397. Mu.sl note on plats the Usmmj of certificates or patents.

Sec. 3397. When certificates of purchase or patents are issued, the fact
must be noted on the plats.

3398. Siirv('iior-(jc}ieral tu he state locati)tg agent.

Sec:. 3398. Tlio surveyor-general is the general agent of the state for the loca-
tion in the United States land offices of the unsold portion of five hundred
tliousand acres (.f land granted to the state for school purposes, and the
sixteenth uikI tliirly-hixth sections granted for the use of public schools, and
lands in lieu thereof.

(Sees. 3399, 3400, 3101, 3402, 3103 and 3I04*»^ were repealed by act ap-

£"* ^^'!?''.I!*.' *'■'■*•"•'"• . . and an attornrj--at.lnw, and must eetablisli and keep an

Hr.r. J-tJ-J. riK- iit«l*- niiiiit »)« n-i>r«c< i.trd Ixforf tho offi(-e in WaHbington.

I nlt«t(l Kt4t. » Uiid .l-imrtiiKiit lit Wiudilugton by au Sec. 3401. H<; imist:

»g.-iit «i.i..,lii;. -1 liv th- li.irv. yr.r-K. nnriil. 1. Procure from the United States land offices in this

Hec. moo. riii ii(i<ijt luuiit be B cltlztu of tliiH Htato,

41 a

PEOPEIITY OF STATE. 3398-3411

proved January 19, 1874; Amendments 1873-4, 139. The repeal was con-
tained in the first section of said act. There were two other sections as
follows :]

3Iapi^, documents, and papers.

Sec. 2. The person wlio has been acting as land agent, under the sections
hereby repealed, is hereby ordered and directed to return to the surveyor-<>-en-
eral of this state all maps, documeiats, and papers, now in his possession, or
under his control, touching the lauds of this state, furnished him by the offi-
cers of this state or of the United States, at his earliest convenience.

Sec. 3. This act shall be in force from and after its passage.

3405. Surveyor-general to keep certain recordt^.

Sec. 3405. The surveyor-general must provide the necessary record-book, and
cause all lists or patents for lands from the United States to be recorded
therein.

3406. Duty of surveyor-general on application for purchase of lands.

Sec. 3406. The surveyor-general must, whenever application is made to hira
for any portion of the lands mentioned in section 3398, communicate with the
United States laud office, and ask that the lands described in the application
be accepted in part satisfaction of the grant under which it is sought to be
located.

3407. Cojyy of U. S. register's approval.

Sec. 3407. When the acceptance of the register of the United States land
office is obtained, he must give to the party applying^ a copy of his approval.

3408. [Sec 3408 was repealed by act of AiotI 3, 1876; Amendments 1875-6,
57; took effect from passage. ^^']

3409. Surveyor-general to obtain statement as to condition of school sections.

Sec 3409. The surveyor-general must, after the survey of any township by
the United States surveyor-general, obtain from the United States land office a
statement, showing whether or not the sixteenth and thirty-sixth sections therein
belong to the state.

3410. Registers and receivers, how compensated for services rendered state.

Sec 3410. The registers and receivers of the United States land offices must
present their accounts for services rendered the state to the surveyor-general,
who, if he finds the same correct, according to fees allowed registers and re-
ceivers by act of congress, or by the department of the interior, must certify
the same to the state board of examiners, who must audit and allow such ac-
counts, and they must be paid out of the general fund.

3411. Surveyor-general to represent state in contests relating to lands.

Sec 3411. The surveyor-general must represent the state in all contests be-
tween it and the United States in relation to public lands.

state abstracts of aU lands applied for by the state, and Sec. 3404. Each purchaser of land from the state,

cause the same to be listed to the state; upon receiving a patent for land, must pay to the

2. Act as attorney for the state before the land de- rtf^ister two and one half cents i)er aero therefor,
partmeut at Washington; which must be paid into the general fund of the

3. Perform such other duties relative to the public state.

lands and the Interest of the state therein as may (a) Repealed section:

be required of him by the register or surveyor-gen- Sec. 3408. Where townships have not been sub-

eral. divided, but township and other lines have been estab-

Sec, 3402. He receives from the state, as compensa- lished so as to show tliiit a tract of hind is included In

tion for his services, two and one half cents per acre any thirty-sixth section, and the party applying for the

for all lands procured by him to be listed to it. same makes affidavit that tlure is no claim to the same

Sec. 3403. On the first Munday of each month the other than his own, and that it is not occupied by any

surveyor-general must certify to the board of exaraiu- settler, the surveyor-general may approve such loca-

ers the number of acres for which United States lists tion without the acceptance of the register of the

have beeu filed in his office during the month next pre- United States land office, and the register of the state

ceding, together with a statement of the amount due land office may issue a certificate of purchase therefor,

the agent upon the lauds so listed, and if found to be But no patent is issued therefor until the location is

correct, the board must approve the account and certify approved by the United States, nor is tlie state respon-

it to the controller of state, who must draw his war- sible in damages if the land Is not subject to loca-

rant in favor of the agent for the amount thereof, and tion.
the state treasurer must pay the same out of the gen-
eral fund.

413

3412-3417 POLITICAL CODE.

3412. Place of takmg featimoiuj to be fixed.

Sec. 3412. When iie desires to take testimonj' under the provisions of the
act of congress to quiet land titles in California, passed July, eighteen hundred
and sixty-six, he must request the United States surveyor-general to fix a place
convenient of access by the witnesses, and the time for talcing such testimony.

3413. Mivj require nltoruey-general to attend.

Stc. 3413. He may require the attorney-general to attend and represent the
state at the taking of such testimony; and the traveling expenses of each are
a charge agixiust the state. All claims for traveling expenses must be audited
and allowed by the board of examiners, and paid out of the general fund.
But not more than fifteen hundred dollars must be allowed in any one year for
such expenses.

3414. Contest as to approval of surveijs, etc., how dif<posed of.

Sec. 3414. "When a contest arises concerning the approval of a survey or
location before the surveyor-general, or concerning a certificate of purchase or
other evidence of title before the register, the officer before whom the contest
is made may, when the question involved is as to the survey, or one purelj^ of
fact, or whether the land applied for is a part of the .swamjD or overflowed lands
of the state, or whether it is included within a confirmed grant, the lines of
which Lave been run by authority of law, proceed to hear and determine the
same; but when, in the judgment of the officer, a question of law is involved,
or when either party demands a trial in the courts of the state, he must make
an order referring the contest to the district court of the county in whicih the
land is situated, and must enter such order in a record-book in his office.

3415. Arlion.

Sto. 341o. After such order is made either party may bring an action in the
district court of the county in which the land in question is situated to de-
termine the conflict, and the production of a certified copy of the entry, made
by either the suiweyor-general or the register, gives the court full and complete
juri.sdiction to hear and determine the action.

3416. Effect of judgment.

Sec. 341(5. Upon filing with the surveyor-general or register, as the case may
be, a copy of the final judgment of the court, that officer must approve the
survey or location, or issue the certificate of purchase or other evidence of
title in accordance with such judgment.

3417. Limifations.

Sec. 3417. Unless the party contestant commences his action within sixty
days after the order of reference is made, his rights in the premises and under
liis application cease.

[Sees. 3418, 3419, 3420, and 3421 "' were repealed by act approved March 28,
18<4; Amendments 1873-4, 141; took effect immediately.]

'■ ''■'• receipt of fin approvrd survny, record the approval : he

/• 'V Burvcyor. upon receiving an niiiKt mark all appr.iviil surveys upon the niiipa of hla

*■"' •'■>' rofiulred hy nny of the pro- olUce; and all liiH books and niaps are open to public

ist liitli)r«(! the date of the re- iufipection;-

til"' Hiin"- In n book kept In his Sko. •.(420. If any county surveyor refuses or neglects

' r ill wlilch It Is received, «iv- to ni'ike any survey within the time prescribed by law,

"■-■ ' "' applicant, and the do- the siirveyur-yeneral may within thirty days ai'Utr the

•'"^' •ulidivlslonH. expiration of such time appoint some person to make

tiilrty dnvH after receiv- the saTne; ami the survey so made, if made within

ti hmdM are subject to sale, thirty days after such appointment, must be filed and

I'll and Held not<'H, and record recorded in tli<: surveyor-general's office, and is as valid

'- '■nil-, and forward d-.ipll- as if made by the county surveyor.

■ '"' " <'"I'y of the appll- Hkc. a421. All surveys must be made according to the

fur Bpi)r<iviil, who must instructions of the survc^yor-general, and mtist con-

refurn Jh.- same with form as near as practicable to the lines of the public
surveys.

c:.'

LlK tjjr -.hi, I 'i. .. .'iiiiv surveyor must, upon the

414

PROPERTY OF STATE. 3422-3429

3422. County treasurer to report to register.

Sec. 3422. Upon the first day of every raonth the county treasurer must make
a re2)oi't to the register of all moneys received for land during the preceding
month, showing the number of the location or survey, tlie name of the pur-
chaser, and the amount paid since the date of his last rop<n-t, whether as prin-
cipal or interest, which amounts must be entered in the columns belonging to
the particular class of land upon which each payment has been made. The
payment of the fee for the certificate of purchase must also be entered in the
proper column, and the ti-easurer must then send the rejiort to the auditor, who
must compare the items with the account of the treasurer; and if the same agrees
with his entries, countersign the report and return it to the treasurer.

3423. Duty of register on receipt of report.

Sec. 3423. These reports must be forwarded to the register at once, and upon
receipt thereof the register must enter the payment so reported to the credit of
the purchaser in the books of his office. He must notify the county treasurer
of the receipt of his report, and if it is not correct, return it for correction.

3424. Quarterly reports of the county treasurers.

Sec. 3424. At the end of each quarter the county treasurer must report to the
controller of state the sum which has been received during the quarter upon
each class of land; which report must be referred to the register for examination
and comparison with the books of his office.

3425. Treasurers to pay over moneys received for laiids.

Sec. 3425. When the register certifies to the correctness of the report it must
be retvirned to the controller, who must thereupon make his settlement with the
county treasurer, who must pay over to the treasurer of state all moneys, con-
troller's warrants, or other evidences of state indebtedness which he may have
received in payment for such lands, excej)t as provided in the next section.

3426. County treasurers to retain moneys received for swamp lands.

Sec. 3426. The county treasurer must retain all moneys arising from the sale
of swamp and overflowed lands, and place the same to the credit of a fund known
as the " Swamp Land Fund" of the county.

3427. Interest, lioto computed and when payable.

Sec 3427. The county treasurer must compute interest on all sales from the
date of the approval of the survey, or the date of the certificate of location, to
the first of January following such date; or if for lands already purchased, then
up to the first of January following the day upon which the interest falls due;
after which time all payments of jDrincipal or interest fall due on the first day of
January.

3428. Compensation of county treasurer and auditor.

Sec. 3428. The county treasurer is entitled to retain one per cent, of all
moneys j^aid him for lands under the provisions of this article, and the auditor
is entitled to one per cent, on amounts certified to by him as provided in section
3492, which he must receive from the treasurer, and his receipt therefor is a
voucher for the controller of state in his settlement with such treasurer. "When
the auditor or treasurer receives a salary as auditor or treasurer, the percentage
must be paid into the county treasury.

3429. Surveyor-general and register to issue instructions and prepare printed

forms.
Sec 3429. The surveyor-general and register must issue all instructions, and
prepare and have printed all blank forms necessary to carry into operation the
provisions of this chapter.

415

3429 POLITICAL CODE.

An Act for the relief of purchfisers of state lands.

Approved Msrch 27, 1872; 1871-2. 587.

Purchase onand from t^tate, xchcn title vested.

Section 1. "SVLeu application has been made to purchase lands from this state
and payment made to the treasurer of the proper county for the same, in whole
or iu part, and a certiticate of purchase or patent has been issued to the appli-
cant, the title of the state to said lauds is hereby vested in said applicant, or
bis assi^^ns, upon his making full payment therefor; provided, that no other
application has been made for the purchase of the same lands prior to the issu-
ance of said certificate of purchase; provided further, that this act shall not
apply to school lauds except to the amount of three hundred and twenty acres
to any one purchaser.

Patent to grantee under slierijf's deed.

Sec. 2. AMien part payment ouly has been made for lands sold by this state and
certificates of purchase issued for the same, and said lands have been subse-
quently sold under execution and a sheriff's deed issued therefor, the register
of the state laud office is hereby directed to issue to the grantee named in said
deed or to his assigns a patent for said lands, upon his producing and svirren-
dering said sheriflf's deed and assignment, if any there be, and making full
payment to the state for said lands.

BesfUution of pu)-chase-money , ivhen.

Sec. 3. "Whenever the state has issued a certificate of purchase for any land
Bold as swamp and overflowed, and the United States has sold and issued a
patent for the same land, and the title of the United States is held and owned
by the purchaser from the state or his assigns, or where the land so purchased
from the state shall prove not to have been its property, the amount jDaid
to the state for such land shall be refunded to such purchaser or his
assigns, and the board of sujoervisors of the county in which the land is
situated shall draw a warrant on the treasurer of the county for such amount,
and the said treasurer shall pay the same out of moneys in the swamp land
fund of the county credited to such purchaser.

Act not to npphj to certain lands.

Sec. 4. The provisions of this act shall not ai:)ply to any lands within the
county of San Diego, or within five miles of the city and county of San
Francisco, or within five miles of the city of Oakland, or within one and a half
miles of the state prison at San Quentin.

Sec 5. This act shall take effect and be in force from and after its passage.

An Act to lef^'ixlizo ai>i)lic'ation3 beretoforc made for the purchase of lauds belonging to this
Rtat«, find I'j (■Miifinu the title of the purchasers under such applications.

Approved March 27, 1872; 1871-2, 022.

Applicali/ju.^ J ur certain lands legalized.

Section 1. All ai)i)licati(jns heretofore made for the i3urchase of lands belong-
ing to this state, under the provisions of any act authorizing the sale of state
lands, shall be good and valid, although the land described in such apj^lication
and affidavit may Ije styled salt marsh and tide laud, when, in fact, it is swamp
and overHowed land; or may be styled swamp and overflowed land, when, in
fact, it is salt marsh and tide land; or may be styled sw^amp and ovei-flowed and
Halt niarsli and ti«le land, when, in fact, it may be either. And the application
first made shall liave the ])ref('rence by whatever style it may describe the land;
provided, the same be in all other respects substantially conformable to law.
Certain jiali^nt.^ declared valid.

Sec. 2. In all cases where patents have been or may hereafter be issued upon

41G

PEOPERTY OF STATE. 3429-3443

any siicli api^lication or affidavits as clescvilied in section one of this act for any
such land, the same shall he deemed and held to convey tlie leji^al title to the
land in such patent or patents described to the ])urchaser therein mentioned,
by whatever style such land may be designated in such patent; and the State of
California does hereby grant to the purchasers named in such patents, or their
assigns or grantees, in case the title has been transferred, all its rights, title,
and interest in and to the lands in such patents described.
Act not to apply to certain, lands.

Sec. 3. The provisions of this act shall not be construed to recognize, con-
firm, or validate any title to any lands lying within live miles of the city and
county of San Francisco, or of the city of Oakland, or within one and a half
miles of the state prison at San Quentin.

Sec. 4. This act shall take effect and be in force from and after its passage.

ARTICLE II.

SWAMP AND OVERFLOWED, SALT MARSH, AND TIDE LANDS.

3440. Swamp lands, etc.; price and manner of payment.

Sec. 3440. The swamp and overflowed, salt marsh, and tide lands belonging
to the state must be sold at the rate of one dollar i^er acre, in gold coin, pay-
able, twenty per cent, of the principal within fifty days from the date of the
approval of the survey b}^ the surveyor-general; and the balance, bearing interest
at the rate of ten per cent, per annum, j)ayable in advance, is due and paj'able
one j-ear after the passage of any act of the legislature requiring such pay-
ment, or before, if desired by the purchasers. Bonds or warrants of districts
haviug an outstanding indebtedness are receivable in payment for lands in such
district at par.

3441. Application not to he approved until land segregated.

Sec. 3441. The surveyor-general of the state must not approve any applica-
tion, nor must the register issue evidence of title, for swamj) and overflowed
land, until six months after the same has been segregated by authority of the
United States. [Amendment, approved March 28, 1874; Amendments 1873-4, 141;
took effect immediately .'^^'^

3442. Settlers preferred purchasers for ninety days.

Sec. 3442. Settlers upon swamj3 and overflowed lands belonging to the state
who occupy the same for farming or grazing purposes, and whose occupation is
evidenced hj actual inclosure, or by ditches or monuments showing the actual
extent thereof, are preferred purchasers for such lands for six months after
segregation.

3443. AppAication for purchase of sxcamp, etc., land.

Sec. 3443. Any person desiring to j^urchase swamp and overflowed or tide
lands above low tide, must make an afiidavit and file the same in the office of
the surveyor-general of the state, that he is a citizen of the United States, or
has filed his intention to become so, a resident of the state, of lawful age; that
he desires to purchase lands (describing them) under the law providing for the
sale of swamp, and overflowed, and tide lands; that he does not know of any
valid claim to the same, other than his own, and if the land is swamp and over-
flowed, that he knows the land applied for, and the exterior bounds thereof;
and knows of his own knowledge that there are no settlers thereon, or, if there
are, that the land has been segregated more than six months by authority of

(a) The original section had the words " survey of " instead of " application," and before " the United States "
it had the words " this state or."

27 417

3443-341G POLITICAL CODE.

the United States, niul that the hiiKl which he now owns (swamp and over-
flo\Yed), to^'ether with that sought to be purchased, does not exceed six hun-
dred and foi-ty acres. [Amendment, approved 3Iarck 28, 1874; Amendments
1873-4, 14U; look effect immediatehj:"^

An .\<.-t for the protectiou of .settlers on public lands claimed by the state.
Approved March 10, 1871; 1873-4, 327.

Xo chiim a()otni!t bona fide settlers.

Sechon 1. From and after the passage of this act, no claim shall be made by
the state to any land as swamp or overflowed, nor shall the same be segregated
by authority of the state, for Avhich pre-emption or homestead patents have been
issued liy the United States, or upon which there are settlers, occupying the
land in good faith, who have filed their pre-emption or homestead declaratory
statement; nor shall the register of the state land office receive any application
for swamp or overflowed land", unless the apjDlication be accompanied by a
certificate from the register of the United States laud office for the district in
which the land is situated, that there is no pre-emption or homestead filing upon
the land sought to be purchased.

Sf.''. 2. This act shall take effect and be in force from and after its passage.

3444. Jf made by female, what.

Sec. 3444. If the apjjlicant is a female, such affidavit must also show that she
is entitled to purchase real estate in her own name.

3445. Application, to tvhom to be made.

Sec 3445. Any person desiring to purchase lands as provided in section 3443
of this code, which have been segregated by authority of the United States,
but which have not been sectionized by the same authority, must apply to the
surveyor of the county in which the land is situated to have the laud which he
desires to purchase surveyed, and a certificate of such survey must be attached
to the affida^•it required for the purchase of lands, as provided in said section.
All surveys required of county surveyors by the j^rovisions of this section ^uust
conform as nearly as jiracticable to the system adopted by the United States
for the survey of the public lauds. [Amendment, approved March 28, 1874;
A7n>'niline}d.'i 1873-4, 141; took effect immediately.^^''

3446. J'l-tUion for formation of reclamation district.

Sec. 344G. Whenever the holders of title or evidence of title representing one
half or more of any body of swamp and overflowed, salt marsh, or tide lands,
KUKceiitible of one mode of reclamation, desire to reclaim the same, they may
present to the board of supervisors of the county in which the lands or the
greater part thereof are situated, at a regular meeting of the board, a petition,
setting forth that they propose to form a district for the reclamation of the
same, u doscrii)ti(m of the lands by legal subdivisions or other boundaries, the
county in whicli 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 desig-
nating UH uns(jld any lamhs not reduced to private ownership. [Amendment,
approved March 30, 1874; Amendments 1873-4, 45; took effect July 6, 1874.*"'

(n) Origlrisliwrllon: ^h) Originnl Bfotion:

Kkc. ■■'■iU. Any i.«r-<.n cl.mii.;; to piirchntio Hwamp Sec. 344r>. Tlic nffidavit must be filetl in the office of

tnd <iv.-rfl.)w«-<l ..r ti<l<- Inn.l^ hIk.v.- |.,w tide, must the burveynr of tlie ctniutv In which the laud, or the

make lilli.luvit Hint h. ii. n c lli/. n ..f th.- fnited Stutc-H greater portion thereof, ie bituate; and he nuiBt, except

orhai«lil«<nilit lnt.ntl(.n t-i l>e. ■ 111. Ko. B n-Kidcntof the when surveys have already been made, tBen mako »

state, of lawful UK'-, that hi- rl< -rih to iiunhase liinds survey of the land.

(deHcrihiuK thciii) uu.ler th<- la^ j.n.viiliiiK I'T th<- Hale [c) 'Original section:

of Hwatii]. i.nd ..v.-rftow<d oud lid.- land:-, that he does 8i:f. 34l(i. Wlienever the holders of evidence of title

nolknow of any valldilalni U> til"- Hniii. -,tii< rlhau his representing one half or more of anybody of swamp

own, and. if tJie land is swamp and ov.rlli^wed, that and oveillowed, salt marsh and tide lands, susceptible

there are no settlers thereon, or If they are. that the of one mode of reclamation, desire to reclaim the

lADd has been segregated more than six moutua. same, they may present to the board of supervisors of

418

PROPEKTY OF STATE. 3447-3451

3447. Affidavit and publicaiion.

Sec. 3447. The petition must be verified by the affidavit of one of the peti-
tioners, and must be published for four weeks next preceding' tlio liearing'
thereof, in some newspaper published in the county in which the lands are sit-
uated; or, if there is no newspaper published in the county, then it must be
published in some newspaper having- a general circulation in the county, and
an affidavit of publication must be filed with such petition.

An Act relative to the powers of the boards of supervisors of the counties of Yolo and

Solano.

Approved March 25, 187-t; 1873-4, C02.

Powers of supei'visors in Yolo and Solano counties.

Section 1. The boards of supervisors, respectively, of the counties of Yolo
and Solano, shall have power to approve any petition presented pursuant to
sections thirty-four hundred and forty-six and thirty-four hundred and forty-
seven of the Political Code, whether the lands described in the j)etition form a
part of another district or not.
Liability.

Sec 2. The district so formed shall be liable for its proportion of an}' out-
standing- indebtedness against any swamp land district from which new district
is taken.
Code.

Sec. 8. Such new district shall proceed in its organization and acts of recla-
mation according to the provisions of the Political Code.

Sec. 4. This act shall take efl^ct immediately.

3448. When the district is situated parily in different counties.

Sec. 3448. "When a district is situated partly in different counties the trustees
must, after the petition has been granted, forward a copy thereof to the clerk
of the board of supervisors of each of the counties in which any portion of the
district may lie, and the board to which the same is forwarded must not allow
another district to be formed within such district, unless with the consent of
the trustees thereof.

3449. Proceedings on appeal of petition.

Sec. 3449. If the board of supervisors find, on the hearing of the petition,
that its statements are correct, they must make an order approving the same.
If it be shown that any land has been improperly included in or excepted from
the proposed district, they must reform the district in such respects in their
order. The order of approval must be indorsed on or attached to the petition,
and be signed by the president and attested by the clerk of the board. [Amend-
ment, approved March 30, 1874; Amendments 1873-4, 45; took effect July 6,
1874.^''>

3450. Petition, when to he recorded.

Sec 3450. The petition must then be recorded by the county recorder in a
book kept for the purpose of recording papers relating to reclamations, and a
certified copy thereof forwarded to the register.

3451. Duty of register on receipt of copy.

Sec 3451. The register must thereupon forward to tlie county treasurer a
statement showing the names of purchasers of land in the district, who have

the county in which the lands, or the greater portion (a) Original sei'tion:

thereof, are situated, at a regular meeting of the Sec. ;)449. If the board of Bupprvisors find upon the

board, a petition setting forth that they desire to adopt hearing of the ii< tition tliat tlic statements are correct,

measures to reclaim the same, the description of the and that no land is improperly included in orexcepted

lands by legal subdivisions, the quantity snld, and from the district, they must note their approval on the

the quantity remaining unsold, the number of acres petition, whicli approval must be signed by the presi-

in the whole district, and tlie number of acres in each dent and attested by the clerk.

tract sold, with the names (if known) of the owners

thereof.

419

3451-3457 POLITICAL CODE.

paiil in full therefor. [Amendment, approved 2Iarch 30, 1874; Amendments
1873-4, 4G; took effect July G, 1874.^""

3452. DiMrkf Inj-Iavs and tnn'tees.

Si;c. 3452. After the approval of the petition, the petitioners, or a majority
of them, may make by-laws for the management of the district, and must elect
three pei-sons o^vninJ,^ land in the district, to act as a board of trustees thereof,
wl)o shall kec}! their office in the district or as near as practicable for the trans-
action of all laisiness pertaining to the reclamation of the distiict, and their
books and papers shall be opened to inspection by any one person interested at
all times. [Amendment, approved March 30, 1874; Amendments 1873-4, 4G; took
errtct July 6, 1874.*'"

3453. Jiy-laivs must he signed and recorded.

Skc. 3453. The by-laws thus adopted must be signed by the holders of cer-
titicates of purchase or patents representing at least one half of the laud so to
be reclaimed or benetited, and be recorded by the county recorder in the same
book and immediately following the petition.

3454. Poxrers of iru.^tees.

Sec. 3454. The board thus formed have power to elect one of their number
president thereof, and to employ engineers to survey, plan, locate, and estimate
the cost of the work necessary for reclamation, and the land needed for right of
way, including drains, canals, sluices, water gates, embankments, and material
for coustniction, and to construct, maintain, and keep in repair all works nec-
essary to the object in view.

3455. Board of trustees to report plans, etc.

Sec. 3455. The board of trustees must report to the board of supervisors of
the county, or, if the district is in more than one county, then to the board of
suj>ervisoi-s in each county in which the district is situated, the plans of the
work and estimates of the cost, together with estimates of the incidental ex-
]i('nses of superintendence, repairs, etc.

3456. Commissionei's to assess charges for reclamation purjjoses in coin.

Slo. 345G. The board by which the district was formed must appoint three
commissioners, di.-siuterested persons, resident of the county in which the dis-
trict or some jjart thereof is situated, who must view and assess upon the lands
situated within the district a charge proporiiouate to the whole expense and to
tlio benetits which will result from such works, and estim^ated in gold and silver
voiu of the United States. The same must be collected and paid into the
county treasury as hereinafter provided, and be placed by the treasurer to the
credit of the district, and paid out for the work of reclamation upon the war-
rants of the trustees, approved by the board of supervisors of the county.
[Am'-ndmenl, approved March 30, 1874; Amendments 1873-4, 4G; took effect July
G, 1874."'

3457. WarrantH, hov presented.

Si .-. 3457. The warrants drawn by the trustees must, after they are approved
1a- the Ijoard of supervipoi-s, be presented to the treasurer of the county, and if
they are not i)aid on presentation, such indorsement must be made thereon,
and they must be registered and bear interest from date of presentation, pro-

(a) Th«- oriKlntl wjcllon bad the wordu •• all owiirrs " bcr, by Uic votes or consent of the boldcrs of certifi-

iwtt.Hil ..f •• i.unhhM-ni. and'TortLi-lrlandB-iuBtond ciit<K of p.mhaHf or piiteiits repnsentint; at least one

..} \'J\ 1 ^i h""' *!"-■ '""•l "Ought to be reclaimed, to act as a board

(M OrlKUial w-ftlon: „f trustees to niauage the same.

hKC. ..i..s. Aft.r Uit BiM • ■ petition, the (.) The original section instead of " and estimated

petitl'.n.rrji.a.v make mi, )■ . j ,i,.,.i„ neces- In gold and silver ((.in of the United States. The same"

sarj- t«i e«. , th( work ol and keep the hail the words •' which charge."

same In repair, and Ihey nil). I'll! t 11, rt( ol theiruuni-

420

PROPERTY OF STATE. 3457-34G4

vided warraBts heretofore issued shall bear no interest. \Av1endme71t, approved
March 30, 1874; Amendments 1873-4, 47; took effect Jubj G, 1874.<'>

3458. District situated partly in different counties — Cliarges, ivhere paid.

Skc. 3458. If a district is situated partly iu different counties the charge must
be paid into the ti*easury of the county in which the particular tract may be
situated,

3459. Additional may be assessed.

Sec. 3459. If the original assessment is insufficient to provide for the com-
plete 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 must present to the board of supervisors by
which the district was formed, a statement of the work done, or to be done,
and its estimated cost, and the board must make an order directing the com-
missioners who made the original assessment, or other commissioners, to be
named in such order, to assess the amount of such estimated cost as a charge
uj)on the lands within the district, which assessment must be made and collected
in the same manner as the original assessment. \Ai7iendment, approved March
30, 1874; Amendments 1873-4, 47; took effect July 6, 1874."'>

3460. Commissioners to make assessment lists.

Sec. 3460. The commissioners appointed by the board of supervisors must
make a list of the charges assessed against each tract of land.

3461. Form of list.

Sec. 3461. The list must contain:

1. A description by legal subdivisions, swamp land surveys, or natural
boundaiies of each tract assessed;

2. The number of acres in each tract;

3. The names of the owners of each tract, if known; and if unknown, that
fact;

4. The amount of the charge assessed against each tract. [Amendment,
approved March 30, 1874; Amendments 1873-4, 49; took effect July 6, 1874.^"*

3462. Lists, how and where filed.

Sec. 3462. The list so made must be filed with the treasurer of the county,
or if the district is situated iu different counties, then the original list must be
filed in the county where the petition was filed, and copies thereof, certified by
the commissioners, must be filed with the treasurer of each of the other coun-
ties. [Amendment, approved Ma7xh 30, 1874 ; Amendments 1873-4, 47; took
effect July 6, 1874.<*'

3463. Lien acquired by filing lists.

Sec. 3463. From and after the filing of the list, or certified copy thereof, the
charges assessed upon any tract of land within the county constitute a lien
thereon.

3464. Credit to be given to owners of land.

Sec. 3464. AVhen the list, or a certified copy thereof, is filed, the treasurer
must credit thereon, to each purchaser who has paid in full for his land, eighty
cents per acre, less any amount chargeable against him, and must transfer the

(a) The original Bection did not have the words (d) The original section had the word "county"
"and bear interest from date of i>resentatiou. pro- before the first "treasurer," and "partly" before
vided warrants heretofore issued shall bear no in- "situated." Instead of " where the petition was filed"
terest." it had the words " first in order under alphabetical ar-

(b) The original section did not have the words raugement."
"done, or."

421

34G4-34G7 POLITICAL CODE.

amount to the credit of the district. [Amendmrnf, approved 3Iarch 30, 1874;
Ameudmenis 1873-4, 48; luoJc efect Juhj G, 1874.*'''

3465. Payment, hmv mode.

Skc. 34G5. The lists thus prepared and filed must remain in the office of the
treasurer for thirty days, or longer, if ordered by the hoard of trustees; 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, in gold coin of the United
States, or in warrants of the district drawn by order of the trustees thereof,
and ai>i)rovcd by the board of sui)crvisors of the county. Where payment is
made in the wairants 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 treasurer and by him canceled. [Ainendment, approved
April's, 187G; Ameiidinents 1815-6, 57; took effect from pasaage}'^^

3466. D'UiKpient charges, hoic collected.

Skc. 34GG. If, at the end of thirty days, or of the longer time fixed by the
trustees, all of the assessments have not been paid, the treasurer must return
the lists to the district attorney, who must commence actions for the collec-
tion of such delinquent assessments with the interest thereon from the time
the lists were returned to him, and costs, and for the enforcement of the lien
on the land assessed, in the district court of the county in which the same is
situated, against the person to whom the same is assessed, and if assessed to
unknown owners, then against the real owners, and all persons having or claim-
ing any interest therein, by fictitious names. Service of complaint and sum-
mons in such actions may be made either in the manner prescribed by the Code
of Civil Procedure, or by posting a cojiy of the summons at the court-house
door, and publishing the same once a week for four successive weeks, in a news-
paper published in the count}', and such jDOsting and jjublication is equivalent
to pergonal service on all persdns having, or claiming any right, title or interest
in the land assessed, whether named as a party in such action or not. Proof
of sucli posting and publication must be made by the certificate of the sheriff,
or affidavit of the district attorney. In case the service be made by posting
and publication, the defendant or any person claiming any interest in the land
assessed, may appear and answer the complaint within forty days after the
expiration of the four weeks of posting and publication. Assessments on
sevtral tracts may be included in the same action, if listed to the same person.
In such action the court may decree and adjudge a lien against the tracts
atwcKsed, and order them to be sold on execution or decree, as in other cases
of gale of real estate. The judgment or decree must direct that the sale be
made for gold and silver coin of the United States. The district attorney nuist
pay the moneys collected to the county treasurer, who must place thd same to
the credit of the district. [ArnendmenI, approved 2Iarch 30, 1874; Amendments
1873 4, 48; look effect July 6, 1874.*'=>

3467. Work uf reclamation to be done under direction of trustees.

Skc. 34G7. Tlie work necessary for reclamation must be executed under the
direction and in the manner prescribed by tlie board of trustees.

(a) OrtKJnj1iM<ctlon: theofflre of the trenBuror for thirty davs. or longer, If

hi:r KM. Winn thi- Imt or n r. rtili. .1 roj-y thr-rfof Ik ordered by the board of triiBtecB, and dnriiiK the time

• ..,»",'""''.'''. "'""'"■'■'''* '•"'.'' "^■'"■'" who haH they so remain any pernon may pay tlie amount of

tiiKi I., fnll t..r hlM i«f,^ with elKhty eentu per arre. the charge ugaiUKt any tract to the treasurer, without

h>- ■ - . > til. r. (Ulster of the land cost.

''"■ : w-.ti<.nthlrty.<,neof'An (c) The original section instead of "commence

^' ..«eiiieiit and hale of lands actions " had the words " proceed at once against all

"! ' ,' •■',"", "I'proved March twenty- delinfjuents bv civil action." It did not have any part

"*';' hiindn-d and hlxly-elght. of the sr.tion as amended, commen<ing with the words

' ' ', ''i" ' ., , " ""i^ f"*" tli« enforcement of the lieu."

bj^. OK .. 1 li': liKt« thuii prepared must remain In

422

PEOPERTY OF STATE. 34G8-3475

3468. Accounts to he kept open to inspection.

Sec. 34G8. The board must keep accurate accounts of all expenditures, which
accounts and all contracts that may be made by them, are open to the inspec-
tion of the board of supervisors and every person interested.

3469. Subsequent purchasers governed by by-laws.

Sec. 3469. The purchaser of any tract of land which may be unsold in any
reclamation district at the date of filing of the by-laws, takes the same subject
to all the provisions of such by-laws, and to the charges assessed in pursuance
thereof.

3470. Bights of purchasers.

Sec 3470. Such purchaser has all the rights and privileges enjoyed by the
original signers of the bj'-laws, if he pays into the county treasury twenty per
cent, of the principal, one year's interest on the remaining eighty per cent., and
any charges assessed against the land so purchased for the cost and expense of
reclamation, with interest thereon from the date such charges became due.

3471. ProjDcrty may be condemned for reclamation purposes.

Sec. 3471. The trustees of any reclamation district in which the by-laws have
been filed, may acquire rights of way for canals, drains, embankments, and other
work necessary to the reclamation, and may take materials for the construction,
maintenance and repair thereof, from lands outside of as well as within the
limits of the district; and if the trustees cannot procure the consent of the
owner of the lands or material needed, they, or the president acting in their
behalf, may proceed under the provisions of Title VII, Part III, of the Code
of Civil Procedure, for the condemnation thereof. [See post, 11,237.]

3472. Oivners may reclaim without intervention of trustees.

Sec. 3472. Whenever any district, susceptible of one mode of reclamation, is
entirely owned by parties who desire to reclaim the same and to manage the
reclamation without the inteiwention of trustees or the establishment of by-laws,
they may file the petition provided for in sections 3446 and 3447, and must
state therein that they intend to undertake the reclamation on their own respon-
sibility.

3473. Their powers and duties.

Sec 3473. If the petition is granted, the owners of the lands have all the
rights, immunities, and jirivileges granted to boards of tiiistees; and in all
proceedings the names of the owners may be used instead of the names of
trustees.

3474. When works of reclamation are in progress, interest to cease.

Sec 3474. Whenever the supervisors of any county in which any reclamation
district has been formed certify to the register that works of reclamation ore in
progress upon a plan and in conformity with the requirements hereinbefore
provided, the payment of interest by purchasers in such districts is suspended;
but if the works are not completed and accepted within four years from the
date of the filing of the petition, then interest for the whole time must be
charged and collected by the register.

3475. Contract by board of supervisors.

Sec 3475. The supervisors shall have power, on application of the trustees
or owners of any swamp land district, to approve and let any contract to the
lowest responsible bidder, and order the county treasurer to pay for the same
out of the funds of the district. [Amendment, approved Ifarch 30, 1874; Amend-
ments 1873-4, 49; took effect July 6, 1874.^'''

(a) Original section- have been no trustees for the district, must file in the

Sec. S47.5. After the work of reclamation is com- office of the county recorder of the county in which

pleted the trustees, or the owBers of the land, if there the original petition was filed, a sworn statement of

423

34TG-34S0 POLITICAL CODE.

3476. Completion of reclamation to be certified to register.

Sec. 3470. "Wheuever the trustees, or owners of laud, if there be no trustees,
certify under oath to the board of sui:)ervisors who formed the distiict, and show
to theii- satisfaction that the works of reclamation are completed, or that two
dollars per acre in gold coin has been expended on the works of reclamation,
the board of supervisors must thereupon certify such facts to the register.
[Amemhmnxt, approved Jlardi 30, 1874; AmendmeiUs 1873-4, 50; took effect July
6, 1874.**>
34T7. If lands have been reclaimed, jiatents to isme.

Sec. 3477. The register must thereupon credit each purchaser in the district
with payment in full for such lands, and the purchasers are entitled to patents
therefor, and the register must forward to the treasurer of the county in which
any part of the district is situated, a statement, showing the amount paid by
each jnirchaser in the district, including interest, and the county treasurer,
after deducting all amounts chargeable against the lands in said district, by
reason of moneys drawn from the swamp land fund of the county, must
divide the balance pro rata amongst the,original purchasers of land in the dis-
trict, or their assigns, and must pay to each purchaser or his assigns, on de-
mand, the amount found to be due to him from such computation, out of the
moneys in his hands to the credit of the swamp land fund of the county.
Neither this nor the jireceding section apj)lies to districts having outstanding
indebtedness reiiresented by controller's warrants drawn on the state treasury,
until all such warrants are fully paid. [Ainendinent, approved Ilarch 30, 1874;
Amendments 1873-4, 50; took effect July G, 1874.'"^

3478. Old districts may reorganize under this chapter.

Sec. 3478. Districts formed under laws in force prior to May twenty-eighth,
eighteen hundred and sixty-eight, may reorganize under the provisions of this
chapter.

3479. Trustees may compromise indebtedness of, and levy tax to pay the same.
Sec 3479. But if such districts are in debt, the trustees thereof have no

power to impair or destroy any indebtedness of the district without the consent
of the creditors, but may make any arrangement with the creditors for the sur-
render of such indebtedness at less than par, and, if authorized by the by-laws,
may assess a charge on the property of the district for the payment thereof.

3480. JJonds and ivarranis redeemed may be used by trustees in purchase of land

in dii<trict.
Sec. 3480. If the trustees of any district referred to in the preceding section
redeem the bonds and warrants of such district, they may select any unsold
lands therein, and pay for the same with such bonds or warrants at par, and
ujion such jjayment the register must issue to them certificates of purchase, and
when t]je lands have been reclaimed they are entitled to patents therefor.
Such lands may be sold by the trustees; and if sold, the proceeds must be paid
into the fund of the disti'ict.

the fact, ana tUe rcronlf-r luvmt forward a rertlfled copy ment must be by him recorded, and a certified copy

tlK-rtxif t<. till- n((lMt<r; and the mipirvlKors iiiuKt order thereof forwiirded to the register.

the treniinrtr Uj pay over to tlie truhU-iH or owners any (b) Original section:

in..ii.jh lir- may have credited to purcliusers on fuU Sec. :U77. Tlie register must thereupon credit each

payiuei/U. purchaser In th<- dinti-ict with payment in fuH for

I'i) t>rlginal sfictlon. Kuch hinds, and the purchasers are entitled to patents

Skc. aiTt;. Time yearH after niln« the statement re- therefur; and tlie register must forward to the treas-

ferred to In the prec.-dlnK M-ctl-m the board of super- uri-r of the county in which auv portion of the district

vlwirhof thecounly In wlilch the (DMrtcl. or the lartter may be situated a statiiiient showing the amount of

portion Ih.r... fin Hituuted. niiiht.up<in the appli.atidu nioni'y paid into tlie treasury by each purcluiser of

of the tnihteeH, or the owners of the- land. 11 there are lanil in such district, and the amount to bo credited to

no trustees, appoint three conimlht-l<.ii<.rs. who must tin- purchasers and paid over to the trustees, as herein-

exaidlne the work .lone and the lands embrace.! in the before provided, and must order the balance paid over

district; and if they Hnd tliat tin- lutids have been re- to such punhasers. The statement of the register,

clalnnd they nuiht return and tile with the county re- signed by the purchasers, ia a voucher for the county

cordcr a Kworu stateuicut to that effect, which Ktate- treusurvr.

424

PEOPERTY OF STATE. 3481-3487

3481. Owners of lands in old districts may have their lands set off in separate dis-

tricts.
Sec. 3481. If the holders of certificates of i^urchase or patents for lands
■within any district formed prior to May twenty-eighth, eighteen hundred and
sixty-eight, and in which the lands have not been reclaimed, desire to have their
lands set off from such district, they must, in addition to the i^etitiou retjuired
in section 344G, show to the board of supervisors that theu.' lands are capable of
an independent reclamation.

3482. Liability of new district for proportion of old indebtedness.

Sec. 3482. The district so set off shall be liable for its just j)roportion of the
legal indebtedness of the original district from which it was set off, when the
same shall have been ascertained by law. [Amendment, app>roved March 16,
1874; Amendments 1873-4, 142; took effect from passage; repealed conflicting
acts.'-"^

3483. Districts, how designated.

Sec. 3483. All districts organized under this chapter must have a state num-
ber, and the register, upon the receipt of a copy of a petition, must number the
same, and send their nvunber to the county recorder of the county from which
the copy came, and the recorder must number the petition upon record in like
manner, and the district must thereafter be known and designated thereby.
Districts organized before May twenty-eighth, eighteen hundred and sixty-eight,
may retain their number,

3434. In Sacramento, supervisors may employ clerk.

Sec 3484. No member of any board of supervisors or any clerk of such
board must receive compensation, other than his regular salary' , for services per-
formed under this chapter; but the board of supervisors of Sacramento county
may employ a clerk to attend to matters pertaining to swamjD lands, and pay
such clerk by orders on the swamp land fund of the district for which work is
performed, not to exceed five dollars for each day he is actually engaged.

3485. Payment on lands held for five years, when to be made.

Sec. 3485. The balance of the principal on all lands in districts having an
outstanding indebtedness, which have been sold for five years, is j^ayable at
once; and on all lands in such districts which have been sold less than five years,
the balance is payable on the first of January following the expiration of five
years from the date of sale.

3486. Occupants of land on banks of stream liable for damages, when.

Sec. 3486. Any person owning or occupying lands upon the banks of any
stream where the lands lying back of such stream are lower than the bank
thereof, is responsible for all damages which may be sustained by the owners
or occupants of lower lauds by reason of any cut or embrasure made in the
bank of such stream by the owner or occupant of the bank,

3487. Mitigation of damages.

Sec. 3487, If such cuts were made for the purpose of irrigation, and head
gates and culverts have been made which competent persons consider sufficient
to restrain the water, and where great diligence has been made to prevent
damage, these facts may be pleaded and proved, in mitigation of damages.

(a) Original section: upon the payment thcroof the lands described in the

Sec. 34^2. If the dlBtrict from which they seek to be petition constitute a district, and are subject to all the

set off is not in debt, then the lands may at once be set conditions of this chapter. The amount paid by the

off; but if the district has an outstanding indebtedness, petitioners is a charge against the district so formed,

then the board must determine what proportion of the and must be collected and paid the same as moneys tor

debt the district so sought to be set off should pay; and reclamation.

425

3488-3490 POLITICAL CODE.

3488. Cerlain lands excepted from the provisions of Ms chapter.

Sll'. 3488. All swamj) and overtioAved, salt marsh, and tide lands within one
mile of the state prison at San Quentiu, within the city and county of San
Francisco, city of Oakland, or within five miles of the corporate limits of either,
or within two miles of any incorporated city or town, are excluded from the
opei-ation of this chapter. The lands mentioned and described in an act to
survey and dispose of certain salt marsh and tide lands belonging to the state
of California, approved March thirtieth, eighteen hundred and sixty-eight, and
in the act supplementary and amendatory thereto, approved April first, eighteen
hundred and seventy, must be disposed of as in such acts provided, which are
hereby continued in force.

3489. Districts may be consolidated.

Sy.c. 3489. Two or more contiguous districts may be consolidated b}- the
written concurrence of a majority in acreage, of the land owners of such dis-
trict. An agreement, stating the terms of such consolidation, and the names
of the ti-ustees of the consolidated district, must be signed by the trustees of
each district, or a majority of them, and be recorded in the recorder's ofiSce of
the county in Avhich the districts are situated. A ceiiified copy shall be sent
to the register of the land office, and he must number such district as consoli-
dated district No. — , and send the number to the county recorder, in which
the districts are situated, and the consolidated district must thereafter be known
and designated thereb}'. [Neiv section, approved March 30, 1874; Amendments
1873-4, 51; took effect July 6, 1874.

3490. Injury to levee — Action — Parties.

Sec. 3490. Any person who shall cut, injure or destroy any levee, or other
works of reclamation in any district, is responsible for all damages which may
be occasioned thereby to such levee Avorks; and an action therefor must be
brought in the district court of the county, or either of the counties, in which
such levee or works ai'e situated, in the names of the trustees of the district.
If tliere be no trustees, then the action may be brought in the name of any
laud owner in the district. The amount recovered in such action must be paid
to the treasurer of the county, who must jilace the same to the credit of the
district. [Sew section, approved March 30, 1874; Amendments 1873-4, 51; took
effect July G, 1874.

An .\ct to proviile for the proiier distribution, in the several county treasuries, of funds
arising from the sale of swamp lauds.

Approved, March 28, 1874; 1873-4, 770.

Stcamp land fund.

Skction 1. "Whenever hereafter a swamp land district shall be organized, and
in all cases where districts have heretofore been organized, the board of super-
vis«)i-s of each county in whicli any portion of the lands of such district are
located, sljall, upon the application of any party interested, direct the auditor
and treasurer to set apart from the swamp land fund, in the county treasury,
all the money wliich has been or shall hereafter be received in payment of prin-
cipal and interest on such lands, as a fund to the credit of such district, except
sucli ijioney as may have ])reviously been expended from the swamp land fund
for the benefit of land witliin the district.
How used.

Si:r. 2. The mouf y in tlic district fund, created by section one of this act,
shall ]>(: imul out <jnly for tlie purpose of reclaiming said land, or to the owners
of such land after reclamation, as now provided by law; and in all cases where
moneys paid in upon such lands have been diverted to the use and benefit of
other lands, they shall be replaced out of the first receipt from the land so

426

PEOPERTY OF STATE. 3490-3497

benefited. In all cases where any expense has been paid from the county
swamp land fund for attorneys' fees in the examination of the character of any
land, in any reclamation district, or when any expense has been paid from the
county swamj) land fund i)ertaining to the land in said district, the county
treasurer shall deduct said amount from the amount otherwise found due to the
land for which said expense was paid, and onlj' return to the owner of the land
so much of the money paid into the treasury on said land as shall remain after
deducting the said amount paid for expense pertaining to said land.

Sec. 3. This act shall not apply to districts upon which controllers' wan-ants
are outstanding, until after all of such warrants are paid.

ARTICLE III.

SCHOOL LANDS.

3494. School lands, price and payments.

Sec 3494. The unsold portion of the five hundred thousand acres granted to
the state for school j^urposes, the sixteenth and thirty-sixth sections and lands
selected in lieu thereof, must be sold at the rate of one dollar and twenty-five
cents per acre, in gold coin, payable, twenty per cent, of the principal within
fifty days from the date of the certificate of location issued to the purchaser,
the balance, bearing interest at the rate of ten j^er cent, per annum in advance,
is due and paj^able within one year after the passage of any act by the legisla-
ture requiring such payment, or before if desired by the purchaser.

3495. Affidavit on application to jyurchase sixteenth or thirty-sixth section.

Sec. 3495. Any person desiring to purchase any portion not less than the
smallest legal subdivision of a sixteenth or a thirty-sixth section of any town-
ship which has been surveyed by the United States, must make an affidavit that
he is a citizen of the United States, or has filed his intention to become so, a
resident of the state, of lawful age; that he desires to purchase such lands
(describing the same by legal subdivisions) under the provisions of this title;
that he has not entered any portion of any sixteenth or tbirty-sixth section
which, together with that now sought to be purchased, exceeds three hundred
and twenty acres; that there is no occui^ation of such lands adverse to any that
he has, or if there is an adverse occupation, then the affidavit must show that
the township has been sectionized three months, and that the adverse occupant
(giving his name) has been in such occupation for more than sixty days.

3496. Affidavit, wheyi applicant is female.

Sec 3496. If the applicant is a female, the affidavit must show that she is
entitled to purchase and hold real estate in her own name.

3497. OccujMnts protected.

Sec 3497. Every occupant of a sixteenth or thirty-sixth section is jirotected
in his occupancy for three months after the township has been sectionized; and
any person settling uj^on a sixteenth or thirty-sixth section after a township has
been sectionized has sixty days after such settlement in which to file the appli-
cation required in the preceding section.

An Act to protect bona fide settlers upon public lands.

Approved March 23, 1874; :873-4, 5i3.

Bona fide settlers preferred purchasers.

Section 1. Bona fide settlers upon any sixteenth or thirty-sixth section, which
at the time of such settlement was embraced within any survey made under
claim or color of any Spanish or Mexican grant, but which has since been or
hereafter may be restored to the public domain by the proper officers of the

427

3497-3503 POLITICAL CODE.

government of tlie United States, shaU be preferred purchasers for the lands so
settled upon by them to the lines of their actual possession, and in accordance
with the yenenU system of government surveys, and not exceeding- three hun-
dred and twenty acres; and all applications made by such settlers to purchase
said lands from' the state within one year from the date of such restoration, are
hereby declared to entitle said settlers to become preferred purchasers for the
lands so held as aforesaid, in the same manner and to the same extent as if made
within the sixty days, as now provided for by law; and said sixty days' prefer-
ment is hereby extended to, and declared to be, one year from the date of said
restoration; and all such applications made within one year from the date of
B:iid restoration shall be held and deemed as valid and binding as if ]nade within
sLxty days from the date of said settlement.

Sec. 2. This act shall take effect and be in force from and after its passage.

An Aft to reserve from sale the north half of section sixteen in township seven south and
range three east, iloute Diablo meridian.

Approved April 1, 1876 ; 1875-6, 679.

Jieserved from sale.

Section 1. The north half of section sixteen, in township number seven south
and range niunber three east, Monte Diablo meridian, is hereby reserved from
sale by the State of California until otherwise directed by the legislature.

Sec. 2. This act shall take effect and be in force from and after its passage.

3498. Api>Ucaiions not to he approved for sixty days.

Sec. 34118. All applications filed in the surveyor-general's office must be re-
tained sixty days before apjoroval.

3499. Contests, how determined.

Sec. 3499. If two or more claim the same land, the contest must be deter-
mined as proWded in Article I of this chapter; but no person has a right to pur-
chase by reason of any settlement or improvement, unless application is made
within the timQ^ above prescribed.

3500. Apjjlicaiions for other titan sixteenth or thirty-sixth section.

Sec. 3500. Any person desiring to purchase any lands mentioned in section
3494, except the sixteenth and thirty-sLxth sections, must make an affidavit that
he is a citizen of the United States (or has iiled his intention of becoming so), a
resident of the state, of lawful age; that he desires to purchase such lands (de-
scribing the same by legal subdivisions) under the provisions of this title, and
that there is no valid claim to such land other than that of the applicant; that
he has nut entered any land in part satisfaction of the grant in lieu of sixteenth
or thirty-hixth sections, which, together with that now sought to be purchased,
exceeds throe liundnd :uid twenty acres.
8501. AJfidnrit xchfit female is applicant.

Sec. 3501. If the applicant is a female, the affidavit must also show that she
is entitled iu jjurcliase real estate in her own name.

3502. I,(tiid u-arrants received in payment of purchase-money of certain lands.
Sko. 3.*02. School land warrants issued by authority of the state are receiv-
able in ijayment of the i)urchase-money of any part of the five hundred thou-
sand acres of land granted to the state for school purposes. Such payment
must be made to the register and the warrants canceled before- the certificate of
purchase is issued.

3503. liifjlU of ])re-emption on school land sections.

Sec. 3503. In all cases where any person has purchased any part of a sixteenth
or tliirty-sixtli section from the United States, or shall hereafter make such pur-
chase, or shall be an actual settler on any sixteenth or thirty-sixth section, and

428

PROPERTY OF STATE. 3503

entitled to a pre-einptiou thereto under the hnvs of the United States, for which
lands this state has received indemnity, or will or would be entitled to indem-
nity under the laws of the United States, the right of the state to such sixteenth
and thirty-sixth sections, or parts thereof, are relinquished to the United States
for tlie use of such purchasers and their assignees, and of such pve-eniptors.
When any person who is in good faith a settler upon any such lands, fails to
acquire a title thereto from the United States, he may, within six months after
such failure, apply to the state to purchase the same, and his application sliall
have preference over all other applications for the purchase of such lands.
[Ne^v section, approved March 30, 1874; ximendments 1873-4, 52; took e/J'ect Juhj
6, 1874.

An Act regulating the sale of mineral lands [in school sections] belonging to the state.
Approved March 28, 1874; 1873-4, 766.

Affidavit for imrchase.

Section 1. Any person desiring to purchase from this state any portion of
any sixteenth or thirty-sixth section, that shall have been designated by United
States survey as of a mineral character, or which is so in fact, shall make an
affidavit before some officer authorized to administer oaths, that he or she is a
citizen of the United States, or, if a foreigner, that he has tiled his intention to
become a citizen of the United States; that he or she is of lawful age, and
desires to purchase said land, giving a description thereof by legal subdivisions;
that he or she has not entered any portion of such mineral lands wdiich, together
with that applied for in such affidavit, will exceed forty acres; that there is no
occu2:)ation of said land adverse to that which he or she holds, or, if there be
ail}' adverse occupation thereof, then he or she must state the name of such
adverse occupant, together with the fact that the plat of the township has been
on file six months or over, and that such adverse occupant has been in such
occupation six months or over.

Preferred purchasers.

Sec. 2. Any j)erson that shall be in the actual possession of an}' of said lands
described in section one, at the time of the survey thereof by the United States,
or at the time of the passage of this act, shall be considered a preferred pur-
chaser thereof to the extent of his or her mining claim; jnovided, he or she
make application for the purchase of the same on or before the first day of Jan-
uary, eighteen hundred and seventy-seven, if the j)lat of such survey be already
filed in the United States land office; and if not so filed, then within six months
after the filing of such plat, as aforesaid. [Amendment, approved Februai-y 3,
1876; 1875-6, 20; took effect from passage ; repealed all acts in covffict.^"''

Contests and actions.

Sec. 8. When a contest shall arise as to the mineral character of the lands
applied for, or from any other cause, the surveyor-general, or the register before
whom the contest is made, must, within thirty days after the adverse application
is filed, unless sooner referred, at the request of either claimant, make an order
referring such contest to the district court of the county within Avhich the land
is situated, and must enter such order in the proper book of his office, and for-
ward a copy thereof to the clerk of the court to which the reference is made.
Upon the filing of a copy of such order with the clerk of the court, either party
may commence an action in said court to determine the conflict, and the court
shall have full and complete jurisdiction to hear and determine the same.
Unless an action shall be commenced within ninety days after the copy of the

(a) The original Beotion did not have the words " to after the filing of the plat of survey in the United
the extent of his or her mining claim." It required the States land office or within ten months after the pas-
application for purchase to be made within six months sage of the act.

429

3503 POLITICAL CODE.

oi-aer of reference sliall have beeu filed with the clerk of the court, the party
making' such demaud, or the adverse claimant, if the case is referred without
demand, shall he deemed to have waived and surrendered his or her right to
jnu-chase, and the sm-veyor-general or register shall proceed as though his or
her application had not been made.

Sale.

Sec. 4. All lands sold under the provisions of this act shall be sold for the
sum of two dollars and fifty cents per acre, in United States gold coin, payable
to the treasurer of the county in which the lands are situated, within fifty days
from the date of the approval by the sui-veyor-general ; and in case said pay-
ment is not made within said fifty days, the land described in the location shall
revert to the state without suit, and said location shall be and become null and
void. All payments made to the county treasurer as above provided, shall be
jiaid over and accounted for as other moneys received for state lands are required
to be jjaid over and accounted for.

Manner of proceedings.

Sec. 5. The surveyor-general and register shall, in the matter of approving
locations, issuing certificates of purchase or patents, or in other proceedings
relating to the sale of lands of a mineral character, which proceedings are not
provided for in this act, proceed in the same manner as is now provided for
the sale of sixteenth and thirty-sixth sections which are not of a mineral
character.

Vested 7'ighls.

Sec. G. All patents issued by the state to any portion of any sixteenth or
thirty-sixth section, shall be subject to any vested and accrued water rights,
ditches, and reservoirs, used in connection therewith, acquired by priority of
possession under local customs, and the decisions of the coiu'ts, and the right
of way for the construction of ditches and canals, for mining and other pui'-
poses, over all of the sixteenth and thirt^'-sixth sections owned by the state, is
hereby granted and confirmed.

Patents, paipnents, jiurchases.

Sec 7. After the passage of this act, no patent shall be issued for any of the
lauds described in this act upon which, at the time of the application therefor,
there was and still is any actual bona fide mining claim, except to the person
wlio is the owner of such mining claim under local mining customs; and w^hen
an ap])licant for such hinds, not owning such mining claim, shall have paid
the purchuse-money therefor, in whole or in part, he may present his certificate
of ]>iirchaKe, and receive in exchange therefor, from the register, a certificate
showing the whole amount paid; and the controller, upon the surrender of
Buch certificate, njust draw his warrant in favor of the person surrendering such
certificate, fur the amount therein specified, on the treasurer of state, who must
])ay tlie sum out of the fund into which the purchasCrmoney was paid; pro-
vided, that the owner of such mining claim, under such mining customs, shall
apply to jiun-hase the same within six months after the plat of the township
containing sucli land shall have been filed in the local United States land olfice,
or on or before the first day of January, eighteen hundred and seventy-seven;
aii.l j.rovided further, that any owner of a bona fide mining claim, who shall
liave entered into an agreement with the api)licant for any portion of [the]
sixteenth or thirty-sixtli section upon which said mining claim is situated, for
tlio procurement of ii title for the same, shall not avail himself of the provis-
ions of this section. The governor of this state shall not sign any patent

430

PROPERTY OF STATE. 3503-3518

contrary to the provisions of this act. [Amcndmenl, approved February 3, 1870;
1875-G, 20; took effect from pa>imge ; repealed covjlictiiuj ads}"''

Sec. 8. All acts and parts of acts in conflict Avith this act are hereby
repealed.

Sec 9. This act shall take effect and be in force from and after its passage.

ARTICLE IV.

PAYMENTS, OEETIFICATES OF PUUCHASE, AND PATENTS.

3512. Parjments, how made.

Sec 3512. Whenever any survey or location has been made or approved, the
purchaser must, within fifty days from the date of approval or location, present
his copy of the same to the county treasurer of the county in which the land,
or some part thereof, is situated, who must receive the amount to be paid, and
the fee for the certificate of j^urchase, indorsing his receipt therefor ujion the
certificate of location or survey, and returning it to the purchaser.

3513. Failure to jyciy to ivork forfeiture.

Sec 3513. 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 loca-
tion is void. All subsequent payments must be made to the county treasurer,
in like manner, who must indorse the same upon the certificate. The treasurer
must direct the purchaser to take the certificate so indorsed to the auditor, who
must charge the treasurer with the amount received, and make his check upon
the indorsed receipt.

3514. Register to issue certificates of purchase.

Sec 3514. Whenever the register receives from a county treasurer a state-
ment showing that an applicant for state lands has made the first payment, he
must issue to the person entitled thereto a certificate of purchase, showing the
class of land i^urchased, the number of acres, the price per acre, the date of
payment, the date from which interest is to be comj)uted, the amount paid and
the amount remaining unpaid, which certificate is prima facie evidence of title.
[Amendmeiit , approved March 30, 1874; Amendments 1873-4, 52; took effect July
6, 1874.^^'

3515. Certificates of purchase may he sold.

Sec 3515. Certificates of purchase, and all rights acquired thereunder, are
siibject to sale, by deed or assignment, executed and acknowledged before any
officer authorized by law to take acknowledgments of conveyances of real prop-
erty, or before the register.

3516. Sale to -be recorded.

Sec 3516. All such sales must, when the deed or assignment is recorded by
the county recorder, be rejDorted by him to the register, to be entered in the
books of his office,

3517. Compensation of recorder.

Sec 3517. The recorder is entitled to receive from the purchaser, for making
such report, a fee of fifty cents.

3518. Duplicate for lost certificate.

Sec 3518. If the owner of a certificate of purchase claims that it has been
lost, destroyed, or is beyond his control, the register must take testimony con-
cerning the loss, destruction, or reason why the same is beyond his control.

(a) The original section after "local mining cub- seven " it had the words " within ten months after the

toms"had the words " and not to guch owner in ex- passage of this act." -^^

cess of forty acres;" and instead of " on or before the (b) The original section had the word " primary

first day of January, eighteen hundred and seventy- instead of "prima facie."

431

3518-3523 POLITICAL CODE.

But tlio party must, before the lieanng, make affidavit that he has not sold the
said certiiicate of purchase, or the land described therein; and must publish
a notice in some ne^Yspaper in the county ^vllere the land is situated; or if there
is no newspaper published in the county, then in some newspaper of general
circulation in the county, for at least four weeks, describing the certificate and
the lands for which the same was issued, stating the name of the person to
whom the same was issued, and the person then claiming to own it, together
with the time and place of the heanng. If the register is satisfied of the loss
or destruction of the certificate, or that it is beyond the control of the person
owning the same, he must issue to the owner thereof a duplicate, with the
word "duplicate" written across the face thereof in red ink. Such duplicate
shall have the same force and efl'ect as the original. If there is a contest as to
the issuing of a duplicate certificate, the register may hear and determine the
same, or may refer it to the projier court, as jDrovided in section 3414. [Amend-
ment, approved Jfarch 30, 1874; Amendments 1873-4, 53; took effect July G,
1874.'"'

3519. Register to prepare patents, when.

Sec 3519. "Whenever final payment has been made for any tract of land, the
selection of which has been accepted and approved by the United States au-
thorities, or when the tract finally j^aid for or reclaimed is swamp and over-
flowed, salt marsh, or tide lands, the register, upon the surrender of the
certificate of purchase by the person entitled to the same, must prepare a
patent for the land, and send it to the governor, together with a certificate that
the laws in relation thereto have been complied with, that payment in full has
been made, and that the party named in the prepared patent is entitled to it.

3520. Patent, hoiv executed.

S^:c. 3520. The patent must then be signed by the governor, attested by the
secretaiT of state, sealed with the great seal of the state, and be countersigned
by the register.

3521. Not to ist^ue until one year after approx'al of survey, etc.

Stc 3521. No patent must issue until after the expiration of one year from
the date of ai)proval of the survey or location by the surveyor-general, nor
until the lands are relinquished to the state by authority of the general land
office at "Washington. Such relinquishment is not required for locations of the
sixteenth and tliirty-sixth sections in place, or for swamp and overflowed lands,
shown to be such by the official surveys made by authority of the United States
suney or-general .

3522. I'atentH to he recorded and delivered.

She. 3522. The register must record all patents in books to be kept in his
office for that purpose, and then deliver them to persons entitled thereto.

3523. Effect of patent issued to deceased persons.

Stc. 3523. Where a patent for lands is issued in the name of a deceased
pei-Bon, the title is vested in the heirs, devisees, or assignees of such person in
the same nninner as if the patent had issued to such person during life.

(a) Original w;r(lon: tlm prrpon to whom it was IsBued, and the person then

Hm-. :i.'<lH. If i;.. I,. I :. r <if a ccrtlfl.'atf of imnhiiKC claiiiiiiiK to own it. If the register is sutiKlied of the

claltim th«t il I c,r di-Ktrnjed. tlie rcKlster h)KS or destruction of the certificnte, he niuKt issue to

muHt U.k«- !• ■ . riiiii« the Iokh or destruc- the owner thereof a duplicate, with the word •' Uupli-

tl..n. Jiiit til' ■ li.fi.re tlie li.-nrinK. publish cate " written across the face thereof in red ink. Such

a notl.e III M.„,, 1.. A^j.„i,er In tlie i.iunty where the duplicate has the force and effect of the original. If

loud Is utii.-ili.l. orif lli.-re is im liewspajM-r puldished th.re is a ci.ntesl as to the issuing of a duplicate cer-

in th<- cc.uiity. then In home newnpii])<r of general cir- tilicnti;, the register may hear and determine tlieeame,

rulation ui the county, for at least four weeks, describ- or may refer it to the proper court, as provided in Bec-

liig th'- c< rtl)|.-»t<- nriil the landii for which tlie same whh tion 3414.
iMued by legal subdiviHioUH, uiid ({iviiig the name of

432

PKOPERTY OF STATE. 3523

An Act to provide for an exaniinatiou into the sale and disposal of state lands.
Approved April 1, 187C ; 1875-6, 798.

Governor to appoint commissioners.

Section 1. AV^itliin sixty days after the passage of this act the governor shall
appoint three suitable persons, who shall constitute a coimnission for the pur-
poses hereinafter mentioned, and shall be known as the state land commission,
and shall hold office for the j)eriod of one year from and after their appointment
by the governor.

Commissioners to qualify and organize — Duty of commissioners.

Sec 2. The commissioners appointed under the provisions of section one of
this act shall, within thirty days after their appointment, meet at some conve-
nient place in the city of Sacramento or the city of San Francisco, and shall
take an oath in writing before a notary public, or other officer duly authorized
to administer oaths, to faithfully perform the duties enjoined by the jDrovisions
of this act, and shall thereupon organize by the election of a chairman and sec-
retary from the members of the commission, and shall forthwith jiroceed to the
investigations provided for by this act. It shall be the duty of said commission:

1. To ascertain all grants made by the United States to this state;

2. To examine all titles issued by this state, together with the manner in
which such titles have been issued;

3. To ascertain the names of all parties to whom the state has issued titles
for more than three hundred and twenty acres, together with the number of
acres in excess of this amount sold to any one person, and to ascertain whether
such sales have been made for parties directly or through attorneys;

4. To ascertain the amount of controller's warrants outstanding against the
several reclamation districts, together with their mode of issue and the con-
sideration received therefor by the district upon which they were made a lien;

5. To investigate the affairs of the surveyor-general's office from the time of
the organization thereof;

6. To make such examinations into any and all matters connected with the
disposal and sale of state lands as shall be deemed to promote the best interests
of the state.

Attorney-general to aid commissioners.

Sec. 3. It is hereby made the duty of the attorney-general to render such
professional assistance, not incomiDatible with his other official duties, as the
commission may require. The commission may employ an attorney-at-law
versed in the land laws of this state, to assist in the investigations provided for
in this act, at an expense not to exceed two hundred and fifty dollars j^er mouth
while so employed.

Powers of commissioners.

Sec. 4. The commissioners shall have power to administer oaths, to send for
books and papers, and to comjoel the attendance of witnesses, and for the neces-
sary purposes of their investigations shall have access to the files and records of
all state offices.

Reports of same.

Sec 5. The commission shall report to the governor from time to time, as
the public interests may require, and shall make a full and complete report of
all their proceedings to the legislature at its next regular sessi(3ii.

Expenses of commission.

Sec 6. The commission shall provide proper offices and furniture for its own
use, at an expense not exceeding nine hundred dollars per annum, and for con-
tingent exj)enses not to exceed twenty-five dollars per month.
28 433 ^'

3523-3536 POLITICAL CODE.

Same, report to hoard of examiners.

Sec. 7. An itemized accouut of the expenses of the commission, including
office rent, light, fuel, salaries, and other necessary expenses, together with the
amounts expended in procuring witnesses, and other testimony touching the
investigation herein provided for, shall be made monthly to the board of exam-
iners, veritied by the oath of the chairman of the commission.

Salaries.

Sec. 8. The membei-s of said commission shall be paid a salary of tw^o hundred
dollars per mouth each.
Board of examiners to audit accounts.

Sec. 0. The board of examiners shall audit the accounts of the commission,
and when found correct shall order the controller of state to draw his warrants
for the several accounts found due, in favor of the persons to w^hom the same
oi'e due respectively.
Controller to draiv warrants.

Sec. 10. The controller of state is hereby directed to draw his warrant ujDon
the state treasury for the several amounts audited by the board of examiners,
in favor of the persons to whom the same are due respectively, and the state
treasurer is hereby required to pay the same out of the general fund in the state
treasury.

Sec. 11. This act shall take effect immediately.

AETICLE V.

SELECTION AND SALE OF UNH^ERSITT LANDS.

3533. Regents of university to select and sell certain lands.

Sec. 3533. The regents of the university may order the selection of the one
hundred and fifty thousand acres of land granted to the state for the use of an
agi-icultural college, and disjDose of the same at the price and in the manner
fix( d by them.

3534. Land agent of university, duty of.

Sec. 3534. The land agent of the university, as the agent of the state, must
select the lands according to the ins\riictions of the board, and issue certificates
of purchase and patents to purchasers who com2)ly with the conditions fixed by
the Ixjard; and the regents must invest all moneys accruing from the sale of
lands as they may deem best, subject to the conditions of the act of congress
granting such lauds.

3535. Certain moneys to be paid out of treasury upon order of regents.

Sec. 3535. All moneys, securities, or other properties arising from the sale
of the seventy-two sections granted to the state for a seminary of learning, and
from the sale of the ten sections granted to the state for the erection of public
buildings, must be paiil out of the state treasury on the order of the regents o^
the university.

353G. I'urchayrrs if crrlain. hmds icho have not paid up, to be included in delin-
(fucnl lixt.

Sec. 353(1. All persons who have purchased any portion of either of the
grants iiienti()ne|l in the preceding section, and who have not paid-in full
therefor, must be included in the delinquent list, and the district attorney must
proceed iigaiust such delintjuents as provided in sections 3547 and 3548, and
the pntvisions of sections 3548 to 355G, inclusive, are made applicable to such
proceedings. If such lands revei-t to the state, they j)ass under the control of
and may be sold by the board of regents of the university. .

• 434

PROPERTY OF STATE. 3536-3547

An Act couceruiiig the selection and sale of university lands.
, Approved March 13, 1874; 1873-4, 35G.

Land contests, how determined.

Section 1. In all cases when a contest shall arise between two or more per-
sons concerning' the right of such persons to purchase any portion of the one
hundred and fift}' thousand acres of land granted to the state for the use of an
agritmltural college, if either party shall demand a trial in the courts of the
state, the land agent of the university, as the agent of the state, shall make
an order referring said contest to the district court of the county in which the
land involved is situated, and shall enter said order in the pro^jcr record-book
of his office; provided, that the party making such demand shall prosecute his
contest to judgment within six months from the date of such demand, unless
for cause satisfactory to the court. Either party may bring an action in the
district court of the county in which the land in question is situated, to deter-
mine such conflict, and the proffer of a certified copy of the entry, made by the
said agent, shall give the said district court full and complete jurisdiction to
hear and determine said conflict; and upon the filing with the said agent of a
coj^y of the final judgment of said court, he shall issue the certificate of pur-
chase or other evidence of title, in accordance with said final judgin^t.
Affidavit of purchaser. ■

Sec. 2. Whenever any i-esident of this state desires to purchase any part of
the one hundred and fifty thousand acres of land granted to the state for the
use of an agricultural college, he or she shall make an affidavit before any
officer authorized to administer oaths, that he or she is a citizen of the United
States (or, if a foreigner, then that he has filed his intention of becoming a
citizen), a resident of the state, of lawful age, that he or she desires to purchase
said land, giving a description thereof by legal subdivisions, and that there are
no improvements of any kind on said land other than those of the api^licant;
or if there be improvements other than his own, then he or she shall state that
such improvements are the property of (giving his or her name), and have been
upon the laud for three mouths or over, and that the township has been sec-
tionized and the j^lats of survey fited in the Jaud office of the district in which
the land is located, for three months or over, which application shall be for-
warded to the said land agent of the university.

Skc. 3. This act shall be in force from and after its passage.

ARTICLE VI.

e-
PEOCEEDINGS AGAINST DELINQUENT PUKCHASERS.

3546. Register to famish statement of delinquents to district attorneys.

Sec 3546. The register must, on the first dS,y of May of each year, forward
to the district attorney of each county a statement embracing all the lands in
the county upon which payments have not been made, which statement must
show the name of the purchaser, the number and date of the surveyor location
and of the cei-tificate of purchase, the amount paid, the amount impaid, and
the amount then due. No lands within any reclamation district must be em-
braced in such statement after the receipt by the register of the certificate of
the board of supervisors that works of reclamation have been commenced.

3547. Delinquent purchasers, and proceedings against.

Sec. 3547. Upon receipt of the delinquent list the district attorney must add
thereto a notice that if the amount due is not paid in fifty days after the date
thereof he will commence suit to foreclose the interest of purchasers in the
lands, and must publish the list and notice for four weeks immediately follow-

435

3547-355G POLITICAL CODE.

ing the date of the notice in a newspaper published in the county, or if there
is no newspaper published therein, then he must post copies of the same in at
]ea>*t five ijubhe phices in the county.

3548. Action.

Sec. 3548. After the expiration of the fifty days he must, in the name of the
people of the State of California, commence actions in the district court against
all purchasei-s or holders of certificates of purchase who have not either paid
the amount due, together with the cost of publication, or suiTendered the title
to the state, as provided in section 3570, to obtain a judgment of foreclosure of
the interest of the purchaser or assignee of the purchaser in the land, and to
annul the certificate of j^urchase.

3549. Service of k-um7no7}s.

Sec. 3541). Senice of the summons in such action may be made by publica-
tion in some newspaper published in the county for four weeks, or if no ncAvs-
l)ai)er is published in the county, then by posting one copy of the summons for
four weeks at the court-house door of the county, and two copies in public
places in the township where the land is situated.

3550. Copy of decree to he filed.

Sec 3550. Twenty days after the entry of judgment the district attorney
must file in the office of the register, and in the recorder's office of the county
in which the land is situated, certified copies thereof.

3551. When ijurcha!<er may make jmyment and he restored to all rights.

Sec 3551. The holder of the certificate of purchase may, at any time before
such filing, pay to the sherift' the amount due the state, and the costs of suit
that have accrued up to the time of payment; whereupon the district attorney
must ilismiss the suit or vacate the judgment, and the purchaser or holder of
the certificate of purchase is restored to his rights in the premises.

3552. Wlten jiidrjment binds assignee.

Sec 3552. A judgment against the purchaser binds the assignee, unless the
notice of the assignment was filed with the register before the commencement
of the action.

3553. Compensation of district attorney.

Sec. 3553. The district attorney is entitled to receive ten dollars for each suit
brought, to be taxed as costs.

3554. After filing decree, land subject to sale.

Sec. 3554. After judgment foreclosing the interest of the purchaser or the
holder of the certificate has been entered and the certified copies filed, the land
ih again subject to entry and sale.

3555. Coy/.s {f .'itiitx taxed and collected.

Sec. 3555. Upon the rendition of a judgment foreclosing the interest of the
purchaser or of liis assigns in tlie land, and annulling the certificate of pur-
cliase, judgment for costs must be entered against the defendant; but if execu-
tion isHued tlicreon is returned not satisfied, the judgment and costs must be
])aid from the principal or interest paid by the purchaser at the time of the
original location.

35.':6. SiifiHci/unil jmrchasn-x may defend suits and iirotect their interests, how.

Sec 355(5. Any jierson having a conveyance of the whole or any portion of
the lands described in any certificate of purchase, to annul which suit has been
commenced, but to wliom the certificate has never been surrendered, may defend
such action; and if it a],].carK to the court that he is entitled to any portion of
tlie lands described, and tlie holder of such certificate does not pay the amount
due, the court must order the certificate annulled and a new one to issue to such

43G

PROPERTY OF STATE. 355G-3572

person upon payment into court by liiia of tlie amount due tlic state upon the
whole tract; and such person is thereupon entitled to two certified copies of the
decree, one of which he must file in the county recorder's office and tlie other
with the register.

ARTICLE VII.

MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS.

3566. Duplicafesfor lost or defaced land warrants.

Sec. 356G. Any person making application for a duplicate school land war-
rant, in lieu of one lost or destroyed, must make proof by affidavit to the
register that he is the owner of such warrant, that it has not been located, and
of the facts establishing the loss or destruction thereof, and must file with the
register a bond, with two or more sureties, to be api^roved by the register, pay-
able to the State of California, in double the value of the warrant, conditioned
that the warrant will not be presented for location.

3567. When ivarrant cannot be made available.

Sec 3567. When for want of a jiroper acknowledgment of an assignment of
the original land warrant, or j^artial destruction or defacement thereof, or for
any other cause, it cannot be made available, the applicant must prove that he
is the owner of the warrant, and that it has not been located, and must file the
original for cancellation with the register.

3568. Certificate of register.

Sec 3568. The register must certify that the applicant is entitled to a dujili-
cate warrant in lieu of the one proved to have been lost or destroj'ed or pre-
sented for cancellation, and u^^on presentation of such certificate to the
governor he must deliver to the applicant a duplicate warrant bearing the same
number as the original warrant, with the word " Duplicate" written across the
face thereof, which duplicate has the same force and efl'ect as the original.

3569. Duties of register.

Sec 3569. The register must not give the certificate until he is satisfied that
the original has not been located, or, if located, that the lands have not been
and will not be charged by the federal government as part of the five hundred
thousand acres of land granted to this state.

3570. Abandonment of entry or location, how made.

Sec. 3570. Whenever a purchaser of laud upon credit desires to abandon the
location or entry made by him, he may do so by conveyance of his title to the
state and surrender of the certificate of purchase, or, if it has been lost, by
filing an af&davit of that fact with the register.

3571. If lands sold are not the property of the state, the p)archaser to be repaid.
Sec 3571. If any land sold is not the property of the state, the holder of the

certificate of purchase or patent may receive in exchange therefor from the
register a certificate showing the amount paid and the class of land upon which
the payment was made.

3572. Controller's warrant.

Sec 3572. The controller, upon the surrender of such certificate, must, if the
land sold was swamp and overflowed, draw his warrant in favor of the person
surrendering such certificate for the amount therein specified upon the treasurer
of the county in which the land is situated, who must pay the same out of the
swamp and overflowed land fund; if the land sold was not swamp and overflowed,
then the controller must draw such warrant on the treasurer of state, who must
pay the same out of the fund into which the purchase-money was paid.

437

3573-3585 POLITICAL CODE.

3573. ('f)iain applications made valid.

Sko. 3573. All applications made prior to Marcli twenty-fourth, eighteen
Lumlrea ami seventy, for the purchase of lands under the provisions of an act
to provide for the uianagement and sale of lands belonging to the state, ap-
proved March twenty-eighth, eighteen hundred and sixty-eight, if there was
not, on the twenty-fourth of March, eighteen hundred and seventy, two or
more applicants for the purchase of, or conflicts hetw^een claimants of the same
laud, are valid, although the affidavits on which such applications were based
are neither in form nor substance in compliance with the provisions of such act.

3574. Fres, application of.

Skc. 3574. Each application for lands must be accompanied by a fee of five
doUai-s, and no application shall be received, filed, or noted in any way until
such fee is paid. The surveyor-general shall charge the same fees as are
allowed the register for like services; and all fees collected by either the sur-
veyor-general or register shall be paid into the state treasury on the first Mon-
day of each and every month, and placed to the credit of the general fund; and
said officers shall, on the first jMonday of each month, make a written report to
the state controller, stating the amount of fees so paid, together with the
sources from which they were derived, and the several amounts, by items. The
surveyor-general and register, whenever it may be necessary, may purchase
such majts and records as the needs of their office may demand, but all claims
against the state, authorized by this section, shall be certified to tbe state board
of examiners, and if the same be allowed, the board shall direct the controller
of state to draAv his warrant in payment of the same, payable out of the gen-
eral fund. [Aini'ndmciit, approved February 10, 1^1 ij; Amendments 1875-6, 57;
took ej/'txt from paf:i<a(/e.^'''>

CHAPTEK II.

THE YOSEMITE VALLEY AND MARIPOSA BIG TREE GROVE.

3584. Commissioners to manage.

SiA'. 3584. The governor of this state and the eight other commissioners
ai)pointed by the governor on the twenty-eighth day of September, eighteen
hundred and sixty-four, in accordance with the terms of an act of congress
entitled an act autliorizing a grant to the State of California of the Yosemite
valley and of the land embracing the Mariposa big tree grove, approved June
tliirteenth, eighteen hundred and sixty-four, constitute a board to manage such
jjreniiseH. Any vacancy occurring in the board may be filled by the appoiut-
njont of the governtn*. The commissioners are known as "The Commissioners
to manage tlie Yosemite Valley and the Mariposa Big Tree Grove," and under
Huch name tliey and their successors may sue and be sued, and have full power
to manage and administer the grant made and the trust created by the act of
congress, and to jiiake and adopt all rules, regulations, and by-laws for their
(jwn government, and the government, improvement, and preservation of such
])reiiiiKe8.

3585. Guardian , and Uus compensation.

Sec. 3585. Tliey may ajtpoint a guardian of the premises, removable at their

(<i) <}tiKiutl Bt'Ctlrtn: surveyor-gpneral muBt, in his biennial report, include

Srr. :t.'i74. fjich «i.iillrBtlon fur IiiikIp riiiiBt be nc- a tstatcment of tbe amount of fees received by both, and

(tJiiii.anli .1 l.y s fctcif Jlvi rlnlliint. Tin- Kurv.yor-gen- how tlie Baijie were dippoBed of.

<riil may r)ii,rK.- tin- miik' f.-. k iih (,r. «ll.,wi <1 the ngiB- It whk previously amended bv act of Manh .30, ISli;

Ur for lik<- iwrvlceh. mid fe.-h lolbc ted by the Kur- Amendments 1873-4, .^3, eo as" to add to the original

viy.r-t'in. r«l or ri->.'lHt<-r may »m- uw.I in d< fruyliiK tlie b«m tion after the word " tnasury " the words " quar-

exi»iiM-H of procurinK nmi)).. reeor<ln. and documents, t<rly, on the tirbt Monday in January, April, July and

an<l < lira BKi.li.tBme In ihe oHli <• of eltliir; tli.- bulame October."

thereof, If any, U> be paid Into the btatc treasury. The

438

REVENUE. 3585-3G17

pleasure, wlio must perform such duties as they may prescribe, and ma}' re-
ceive such compensation as they may fix, not to exceed five hundred dollars
per annum,
3586. Report of commissioners.

Sec. 358G. The commissioners must make a report of their pi'oceedings and
of the condition of the premises, through the governor, to the legislature, at
every regular session thereof.

CHAPTEK III.

STATE BURYING GROUNDS.

3596. Title vested in state — Who may he interred therein.

Sec. 3596. The fee to the state burying ground, in the city cemeteiy of the
city of Sacramento, is in the people of the State of California, and there may
be interred therein any person who, at the time of his death, was a state officer,
or a member of the senate or assembly.

3597. Duties of trustees.

Sec. 3597. The board of trustees of the state burying ground have the
control and management of the grounds and the expenditure of all moneys
appropriated for the maintenance or improvement thereof.

TITLE IX.

Bcueuue,

Chapter I. Property Ll\ble to Taxation 3607

II. Definitions 3617

III, Assessment of Property 3627

IV, Equalization of Taxes 3672

V. Levy of Taxes 3713

VI. Duties of the Auditor in relation to Revenue 3727

VII. Collection of Property Taxes 3746

VIII. Collection of Taxes by the Assessor on certain Personal

Property 3820

IX. Poll Taxes 3839

X. Settlements with the Controller and Payments into State

Treasury 3865

CHAPTER I.

PROPERTY LIABLE TO TAXATION.

3607. Property subject to taxation.

Sec 3607. All property within this state, except the property of the United
States, of the state, and of municipal corporations, is subject to taxation.

CHAPTER II.

DEFINITIONS.
3617. Terms and j)hrases defined.

Sec 3617. Whenever the terms mentioned in this section are employed in
this title, they are employed in the senses hereafter affixed to them :
^.^^^_4^Y^ rh6-L. 439

3G17-3629 POLITICAL CODE.

First. The terai ' ' real estate " includes :

1. The ownership of, claim to, possession of, or light to the possession of
laud;

2. All mines, minerals, and quarries in and under the land, and all rights
and privileges appertaiuiug thereto;

3. Improvemeuts. ^
Second. The term "improvements" includes:

1. All buildiugs, structures, fixtures, fences, and improvements erected upon
or affixed to the laud;

2. All fruit, nut-bearing, or ornamental trees and vines not of natural growth.
Third. The term "personal property " includes everything which is the sub-
ject of ownership, not included within the meaning of the term "real estate."

Fourlli. The term "full cash value " means the amount at which the property
would be appraised if taken in payment of a just debt due from a solvent
debtor. [Amendment, approved April 3, 1870; Amendments 1875-6, 58; look
effect from passage.'-^^

CHAPTEK III.

ASSESSMENT OF PROPERTY.

3627. Propertij assessed at full cash value.

Skc. 3G27. All projDcrty must be assessed at its full cash value.

3628. A.<sessment to be made, when.

Sec 3G28. The assessor must, between the first Monday in March and the
first Monday of July in each year, ascertain the names of all taxable inhabitants,
aud all the property- in his county subject to taxation, and must assess such
property to the persons Avho own, claim, have the possession or control
thereof.

3629. J.-.-v>-,-or to require a statement containing xchat.

bi;c. 3(j2'J. He must exact from each person a statement in writing showing
separately :

1. All property belonging to, claimed by, or in the j)ossession or under the
coutrol or management of such person;

2. All pro])erty belonging to, claimed by, or in the possession or under the
control or management of any firm of which such j^erson 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 j)erson is president,
Becretar)', cashier, or managing agent;

4. The county in which rsuch jjroj^erty is situated, or in which it is liable to
taxation;

5. An exact description of all lands, improvements, and jDersonal property,
including all vosselB, steamers, and other water craft, and deposits of money or
gold dust, and the names of the persons with whom such dejDOsits are made,
and the jjlaces in wliich the}' may l^e found;

G. All other facts rcipiircd by the state board of equalization or by the
aBsesHor.

"Whenever one member of a firm or one of the proper officers of a coi-joora-
tion lias niade a statement showing the ])roperty of the firm or corporation,
another member of the firm or another officer need not include such property
in the statement made Ijy him, but his statement must show the name of the
person or officer who made the statement in which such property is included.

(a) Th«' orlKlnkI iM-<tl<m w«« llir- .miii.- «« tlif text. trocs, viiKH, growing crops, and plants wliile growing

n wnh pn-rtuuhly »iii.-n<l<<l lj>- »<t of Murch :J0, 1M74; and rootwl in thi; ground, txicpt plants and trees

Anicndm. iitH HCri-i. liJ, iu> »« to ndd nt tli< .ml of thi- grown in nurwt-ries lor propagation and Bale," and to

flrbt clBUije of the first iutxUvlhlou the wordH "aud omit the second clause of the Becoud Bubdivisioa.

440

EEVENXIE. 3G30-3G33

3630. Supervisors to famish blmik forms of statements, etc. '^ ¥ *^-M.
Sec. 3G30. The board of supervisors must furnish the assessor witli "blank^<^~9

forms" of the statements provided for in the preceding section, affixing thereto
an affidavit, which must be substantially as follows:

" I, , do swear that I am a resident of the county of (naming it); that

the above list contains a full and correct statement of all property subject to
taxation which I, or any firm of which I am a member, or any corporation,
association, or company of which I am president, cashier, secretaiy, or manag-
ing agent, own, claim, possess, or control, and which is not already assessed
this year, and that I have not, in any manner whatsoever, transferred or
disposed of any property, or placed any property out of said county or my
possession, for the purpose of avoiding any assessment upon the same, or
of making this statement. {Amendment, approved March 24, 1874; Amendments
1873-4, 143; took effect fy-om passage }'■''

3631. Statement to he filled out and returned to assessor.

Sec. 3631. The assessor may fill out the statement at the time he presents it,
or he may deliver it to the person and require him, within an appointed time,
to return the same to him, properly filled out.

3632. General powers of assessors.

Sec. 3G32. Every assessor shall have power:

1. To require any person found within such assessor's respective county, to
make and subscribe an affidavit, giving his name and place of residence;

2. To subj^oena and examine any person in relation to any statement furnished
to him, or which discloses property which is assessable in his respective county;
and he may exercise this power in any county where the persons whom he de-
sires to examine may be found, but shall have no power to require such person
to appear before him in any other county than that in which the subpo3na is
served upon them. Every person who shall refuse to furnish the statement
hereinbefore required in this chapter, or to make and subscribe such affidavit
respecting his name and place of residence, or to appear and testify when re-
quested so to do by the assessor, as above provided, shall, for each and every
refusal, and as often as the same is rei^eated, forfeit to the people of the state,
the sum of one hundred dollars, in gold coin of the United States, to be re-
covered by action brought in theii- name by the respective assessor in any police
or justice's court. In case such affidavit shall show the residence of the person
making the same, to be in any county other than that in which it is taken, or
the statement shall disclose property in any county other than that in which it
is made, the assessor shall in the respective case, file the affidavit or statement
in his office, and transmit a cojoy of the same, certified by him, to the assessor
of the county in which such residence or property is therein shown to be. One
half of all moneys recovered by any assessor under the provisions of this section
must by him be paid into the treasury of his county, and the other half may be
retained by the assessor for his own use. [Amendment, approved Ilarch 24,
1874; Amendments 1873-4, 144; took effect from passage.'-^^

3633. Property of person neglecting or refusing to give statement, hoiv assessed.

Sec 3G33. If any person, after demand made by the assessor, neglects or
refuses to give under oath the statement herein provided for, or to comply with

(a) The original section did not have the words prena and examine witnefises in relation to any state-

"that I am a resident of the county of (naming it)," ment; and all persons are required to testify when re-

nor the latter part of the section commencing with the quested so to do by him; and in case ot relusal, the

■words " this year, and that I have not, in any manner judge of any court must issue a subpcrna and compel

■whatsoever, transferred." a refusing witness to give testimony, and may for each

(6) Original section: refusal impose a fine not exceeding twenty doUars.

6ec. 3t;s2. The assessor may, in his discretion, sub-

441

3G33-3G^1 POLITICAL CODE.

the other requirements of this title, the assessor must note the refusal on the
assessment-book, opposite his name, and must make an estimate of the value of
the property of such person; and the value so fixed by the assessor must not be
reduced by the board of supervisors.

3634. Ai'cnrate description of loroperty , hoic obtained by assessor.

Skc. 3(j34. Whenever the assessor deems it necessary to obtain an accurate
description of any tract or lot of land in his county, he may require the owner
or his figent to furnish the same, with any title papers he may have in his pos-
session; and if on demand the owner or agent neglects or refuses to furnish the
same, the assessor may emplo}' the county surve3'or to make out a description
of the boundaries and location thereof, and a statement of the quantity of land
therein; and the expenses of such survey must be returned by the assessor to
the county auditor, who must add the amount to the taxes assessed upon the
property, which amount so added must, when collected by the collector of the
county, be paid over to the county siuweyor.

3635. Assessment of unknoicn or absent oiuners of property.

Sec, 3G35. If the owner or claimant of any property, not listed by another
person, is absent or unknown, the assessor must make an estimate of the value
of such property.

3636. Same.

Sec, 3G3G, If the name of the absent owner is known to the assessor, the
property must be assessed in his name; if unknown, the property must be
assessed to " unknown owners."

3637. Property situated in another county.

Sec. 3G37. The assessor, as soon as he receives a statement of any taxal^le
property situated in another county, must make a copy of such statement for
each county in which the same is situated, and transmit the same by mail or
express, to the assessor of the proper covinty, who must assess the same as other
taxable i)roi)ei-ty therein.

3638. ( 'nnxifjnod proprrty.

Skc. 3G38. All personal property consigned for sale to any person within this
state from any place out of this state must be assessed as other property.

3639. Tnisli'cs, (piardians, executors and administratoi'S.

S^x^ 'MV.V,). "When a person is assessed as agent, trustee, bailee, guardian,
executor or administrator, his representative designation must be added to his
naiiif, !iiid the assessment entered on a separate line from his individual assess-
Uient.

3640. Holders of stock infirm or corporation.

Skc. 3(;40. The owner or holder of stock in any firm or coiporation, the entire
capitnl or proi)erty whereof is assessed, must not be assessed individually for his
stock in sucli firm or corporation.

3641. I'rojjnrly of firm or rorporntion assessed xoliere situated.

SK.r. :jr;41. The iiroperty of every firm and corporation must be assessed in the
county where the property is situate, and must be assessed in the name of the
firm or corporation.

442

EEVENUE. 3642-3G50

3642. Undistribuied property of deceased persons.

Sec. 3642. The undistributed or unpaiiitioned property of deceased persons
may be assessed to the heirs, guardians, executors, or administrators; and a
payment of taxes made by either binds all the parties in interest for their et^aal
projDortions.

3643. Ferries and toll b7-idges, ichere assessed. Jfl.
Sec, 3G43. Ferries and toll bridges must be assessed in the county where the ^'^

tolls are collected.

3644. Vessels, where assessed.

Sec. 3644. All vessels of every class which are by law required to be regis" ^
tered must be assessed and the taxes thereon paid only in the county, or city
and county, where the same are registered, enrolled, or licensed.

3645. Sa7ne.

Sec. 3645. Vessels registered, licensed, or enrolled out of and plying in whole
or in part in the waters of this state, the owners of which reside in this state,
must be assessed in this state.

3646. Boats and small craft.

Sec. 3646. All boats and small craft not required to be registered, must be
assessed in the county where their owner resides.

3647. Property and money in litigation.

Sec. 3647. Money and property in litigation in possession of a county treas-
urer, of a court, county clerk, or receiver, must be assessed to such treasurer,
clerk, or receiver, and the taxes be paid thereon under the direction of the
court.

3648. Property concealed, misrepresented, etc.

Sec. 3648. Any property willfully concealed, removed, transfen-ed, or mis-
represented by the owner or agent thereof, to evade taxation, ujdou discovery
must be assessed at not exceeding ten times its value, and the assessment so
made must not be reduced by the board of supervisors.

3649. Property not taxed in previous year.

Sec. 3649. Any property discovered by the assessor to have escaped assess-
ment for the last preceding year, if such property is in the ownership or under
the control of the same person who owned or controlled it for such preceding
year, may be assessed at double its value.

3650. Property, how listed. ^
Sec. 3650. The assessor must prepare an assessment book, with appropriate y^

headings, alphabetically arranged, in which must be listed all property within
the county, and in which must be specified in separate columns under the a^j-
propriate head: /E^:

1. The name of the person to whom the property is assessed;

2. Land by township, range, section, or fractional section; and Avhen such
land is not a congressional division or subdivision, by metes and bounds, or
other description sufficient to identify it, giving an estimate of the number of
acres, locality, and the improvements thereon;

3. City and town lots, naming the city or town, and the number, block, ac-
cording to the system of numbering in such city or to\vn, and improvements
thereon;

443

3650 POLITICAL CODE.

4. All personal property, sbowing tlie 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, other than city or town lots;
G. The cash value of improvements on such real estate;

7. The cash value of city and town lots;

8. The cash value of improvements on city and town lots;

9. The cash value of improvements on real estate assessed to persons other
than the owners of the real estate;

10. The cash value of all personal property, exclusive of money;

11. Amount of money;

12. The totiU value of all property;

13. The fignre oue (1), in separate columns, opposite the name of every person
liable to pay a road poll tax or a poll tax;

14. Such other things as the state board of equalization may require. The
state board of equalization may direct the book to be otherwise than alphabet-
ically arranged in the city and county of San Francisco. [Amendment, approved
April 1, 1870; Amendmenis 1875-G, 11; took effect immediately .^"'^

Au Act coucerniug the assessment of animals.

Approved March 30, 1872; 1871-2, 754.

Assessment of o) am ah temporarily pasturing in any county.

Section 1. '^^1lenever any person residing in any county of the state, and
owning any neat cattle, horses, mules, sheejD, or goats therein, shall drive the
same from the county where he resides into any other county, for the purpose
of temporarily pasturing the same, all such animals shall be assessed in and for
the county where such owner resides, although the said animals shall not be at
the time of said assessment in said county in which he ma}' so permanently
reside; and such owner shall include such animals in his assessment list, and
the assessor of the count}' where such stock are so temporarily grazed shall list
the same, with a fidl description of each kind and the number of the same; and
for the purpose of making such list, the assessor shall have power, and it is
hereby made his duty, to examine on oath the person or persons owning or
having charge of such cattle, horses, mules, sheep, or goats touching their
number, ownership, and to whom and in what county, if any, they have been
assessed for taxation. The list made out as aforesaid by the assessor^ together
with a full statement of the same, shall be signed and sworn to by the person
or persons owniug or having in charge such stock.

Dalies of ansesmrs and trea^iurert^.

Sec. 2. The assessor shall file a copy of said list of such stock with the county
treasurer of his roiinty, and another copy with the treasurer of the county in
which the said stock was first hsted and assessed for taxation. Upon filing the
lists aforesaid, with the sworn statement therein that the stock specified in said
lists lias been pastured or used in the county mentioned therein during the
grazing seas«)n, with the treasurer of the county in which it was assessed for
taxation, said treasurer sliall i)ay, on the order of the treasurer of the county in
whicli the stock was so jiastured or used, one half of the amount of taxes paid
in on the said stock, less tiie cost of collection.

(a) Thcf.rl«ln»liM!cOon h»a flfU-en BubdlvlnlonB, of (Iftccnth, above fourteenth, did not have the word

whi. h the tlilrt.-.iith waK ah f.ill-.wH; " l;». The total " Btate " nor the last Htutenee, relating to the book in

value of all i.r.iM-rty afl<r <qiializ:itloii by the htate the city and county of San Francisco,
board." The above tblrU-enth vrau fourteenth, and

444

REVENUE. 3G50

Sec. 3. All acts or parts of acts in conflict with this act, so far as they are in
conflict with this act, are hereby repealed.

Sec. 4. This act shall take effect from and after its passage.

Au Act to regulate the assessment of migratory herds or bands of live stock, and to provide
for au equitable distribution of the taxes derived therefrom.

Approved March 16, 1874; 1873-4, 376.

Assessment of migratory sfoclc.

Section 1. AVhenever the assessor assesses any live stock, he must demand
of the person who gives him a list thereof a statement under oath, showing:
first, whether such stock, or any part thereof, will, during the year for which
such assessment is being made, be moved to another county for pasturage, and
if such removal is to be made; second, the county to which such stock will be
taken; and third, the number, kind, and value thereof; provided, that should
such person, at the time of assessment, not have deteiTuined to remove such
stock, and afterwards should make such removal, it shall be lawful for him to
make the statement to the assessor of the county from Avhich such stock was
removed, as in this section provided, through the United States mail.

Duty of assessor.

Sec 2. The assessor must fully note on his assessment roll, immediately
below the description of the property listed to such person: first, the number
and kind of stock to be removed; second, the name of the county to Avhich such
stock is to be removed; and third, the assessed value of such stock; and within
ten days after making the assessment, he must transmit, by mail, to the county
treasurer of the county to which such stock is to be taken, a copy of the state-
ment provided for in section one of this act; and the treasurer must enter the
same in a book to be kept by him for that purjiose, which book shall be known
as the assessment roll of migratory stock, and shall be ojpeu for inspection.

Collector's account.

Sec 3. The collector must keep a separate account of all taxes collected upon
the property mentioned in this act, which account must include the names of
the persons, description of the property, and the counties to which such stock
has been driven, and at the time of his settlement, file such account with the
treasurer of his county; and the treasurer must enter the same in a book to be
kept by him for that purpose.

Treasurer's duty.

Sec 4. The treasurer receiving moneys so collected, must set apart one half
of the sum collected for county purposes, for the use, resj^ectively, of the dif-
ferent counties to which the stock has been sent for pasturage.

Demand.

Sec 5. On the first Monday of February in each year, the treasurer of each
county to which any list provided for in section one has been sent, must make
out a demand against the county from which the list came, for one half of the
tax assessed for county purposes, against the property on said list, and must
transmit the same to the county treasurer of the county from which the list
came, who must pay over to the treasurer making the demand, all moneys
received in the county treasury, to the use of the county from which the demand
came, and which had not been before paid over, accompanied with a duplicate
of the statement filed by the tax collector.

445

3C50 POLITICAL CODE.

How made.

Sec. 6. The demand and payment provided for in the preceding section may
be made through any regularly organized express company.

Mark "paid."

Sec. 7. The treasurer receiving money and statement, as provided in the pre-
ceding section, must pay the same into the county treasury, and must mark the
vrord " piud" on the assessment-roll opposite the name and description of prop-
erty corresponding with the name and descrii^tion of property included in such
statement.

JExamiiiafionfi by assessor.

Sec. 8. The assessor must make examinations of the proj)erty listed in said
roll, and must ascertain whether any live. stock not on such roll has been sent
or brought into his county for pasturage, and if he finds an}' such, must assess
it at its full cash value; and in that case the fact that the same property has
been assessed in another county for the same year, and that the taxes have been
paid in such county, shall be no defense to any j^roceeding to recover the taxes
a.ssessed in the county in which such stock is found, unless it be proved that
such pei-son has complied with the provisions of section one of this act, and
that the assessor has failed to make the return thereof.

Penally for failure to make statements.

Sec. 9. Any i:)erson who drives, or causes to be driven, any live stock to
another county for pasturage, and fails to make the statement provided for in
section one, or who willfully fails to include in such statement the full number
or value of stock so sent or driven, shall be liable to a penalty of five hun-
dred dollars, to be recovered in the district court of the county to which
said stock is sent or driven; and such suit must be instituted by the district
attorney of said county in the name of the people of the State of California,
upon the information of any responsible person, and one half of the penalty
recovered must be j^aid to the person on whose information the suit was in-
stituted.

ifisdeineanor.

Sec. 10. Any officer who shall fail, neglect, or refuse to perform the duties
required of him by this act, shall be guilty of a misdemeanor, and, upon con-
viction, shall be fined a sum of not less than fifty nor more than five hundred
dollars.

Print and transmit.

Sec. 11. The state board of equalization must, immediately after the passage
of this act, have it printed, and transmit twenty copies thereof to each assessor
in the state.

Sec, 12. This act shall take effect from and after its passage.

An Act siii.itli-meutjii-y to the foregoing act of March IG, 187-i.

Approved April 1, 1876; 1875-C, 707.

Apportionment of assessments.

SfccTJo.v 1. County treasurers to whom a list is sent from the county of Cala-
veras, under the jjrovisions of the above-mentioned act, shall make out a de-
maud a;(ainst the treasurer of the county of Calaveras for such a portion of one
half of the tax asses.sed and collected for county purposes as would have been
assessed and collected at the rate of taxation in the county making the demand
bad the proi)erty been assessed therein.

Sec 2. This act shall be in full force from and after its passage.

446

REVENUE.

3G51-3G52

3651. Form of assessment book.

Sec. 3G51. The form of the assessment book must be substantially as follows:

■^

f|>

•^

■**

s..

'«

^:v

<1J

«,

■***

Kemarks, . . .

Poll tax

Total tax

Total value of all Droneitv .

■ff

Amount of monev

■fi

Value of personal iiroDeitv

■'ff

Value of imp]
the owners

•ovements on real estate assessed to persons other than
of the real estate

(fy

Value of improvements thereon

Value of city

and town lots

Value of Improvements thereon

Value of real estate other than citv and town lots

Number of acres . .

M
(^

H
ft

M
ft

Block

Lot

Fraction

O 0

■S n

Range, E. or W

Township, N. or S

Si =5

Section

Subdivision of section

Eesid

X. 3

Taxpayers' n

When tax pa

§1

In the city and county of San Francisco, the form book shall be such as may
be directed by the state board of equalization. ^Amendment, approved April 1,
1876; Amendments l^n^-Q, 11; took effect immediately .^"-^

3652. Assessment hook — Assessor's oath.

Sec 3652. On or before the first Monday of July in each year, the assessor
must complete his assessment book. He and his deputies must take and sub-
scribe an affidavit in the assessment book, to be substantially as follows:

"I, , assessor of (or deputy assessor, as the case may be) county,

do swear that between the first Monday in March and the first Monday in July,
eighteen hundred and ■, I have made diligent inquiry and examination to

(a) The original section did not have the sentence
at the end in reference to the city and county of San
Francisco.

It was previously amended by act of March 2i, 1874;

447

Amendments 1873-4, 145, so as to read like the amend-
ment in the text except that it had a eubdlvi^idU after
"Total tax" of '-Total value of all property after
equalization by the state board of equalization."

3652-3G58 POLITICAL CODE.

ascertain all tbe property within the county (or within the subdivision thereof
assessed by me, as the ease may be), subject to taxation, and that I have
assessed it on the assessment book, equally and uniformly, according to the best
of my judgment, iufoiTuation, and belief, at its full cash value; and that I have
faithfully complied with all the duties imposed on the assessor under the rev-
enue laws; and that I have not imposed any unjust assessment through malice
or ill will, nor allowed any one to escape a just and equal assessment through
favor or reward."

But the failure to take or subscribe such an affidavit or any affidavit, will not
in any manner affect the validity of the assessment.

3653. Map of properly assessed in cities or towns.

Sec. 3U53, The assessor must, when directed so to do by the board of suj^er-
visors, in a maj) book nuike a plan of the various blocks within any incorporated
city or town, and mark thereon in each subdivision the name of the i:)erson to
whom it is assessed.

3654. Assessment and map books delivered to and kept by clerk of supervisors.
SiA". 3G54. As soon as completed, the assessment book, together with the

map book and statements, must be delivered to the clerk of the board of super-
visors, who must immediate!}' give notice thereof and of the time the board will
meet to equalize assessments, by publication in a newspaper, if any is printed
in the county; if none, then in such manner as the board may direct; and in
the meantime the assessment book must remain in his office for the inspection
of all persons interested.

3655. Statement by assessor to state board of equalization , to slioio ivhat, tehen made.
Sec. 3655. On the first Monday of July in each year, the assessor of each

county must transmit to the state board of equalization a statement showing:

1. The several kinds of personal property;

2. The average and total value of each kind;

3. The number of live stock, number of bushels of grain, number of gallons
of wines or liquors, number of pounds or tons of any article sold by the pound
or ton;

4. When practicable, the separate value of each class of land, specifj'ing the
classes and the number of acres in each.

3656. Penally for failure of assessor to complete assessment book or transmit state-

ment.

Sec. 3G50. Every assessor who fails to complete his assessment book or who
fails to transmit the statement mentioned in the preceding section to the state
board of etjualization, forfeits the sum of one thousand dollars, to be recovered
on his official bond, for the use of the county.

3657. Persons claiming ownership of property and desiring to be assessed.

Skc. 3(557, Lands once described on the assessment book need not be de-
Bcribeil a second time, but any person claiming the same, and desiring to be
assessfd therefor, may have his name inserted with that of the person to whom
such land is assessed.

3658. Supervisors to furnish assessor with maps. *>

SKf. 3G58. The board of supervisors must provide maps for the use of the
asscKKor, Hhowing the juivate lands owned or claimed in the county, and, if
Bun-eyed under authority of the United States, the divisions and subdivisions
of the hurvf'v; if held under Spanish grants, the exterior boundaries of such
grants and the numljer of iicrcs claimed. Maps of cities and villages, or school
districts, may in like manner be provided. The cost of making such maps is a
county charge, and mubt be i)aid from the county general fund.

448

REVENUE. 3659-3772

3659. Limits of land sold by stale to be Iraiismitted to assessor of county xcliere prop-

erty situated.
Sec. 3659. On or before the first Monday in March in each year the surveyor-
general of the state and the tide land commissioners must make out and trans-
mit to the assessor of each county where lands or lots lie that may have been
sold by the state, for which certificates of jDurchase, patents, or deeds liave
issued during the year preceding, certified lists of such lands or lots, giving a
description thereof by congressional divisions or subdivisions, or lots and blocks,
together with the names of the purchasers thereof.

3660. When assessor liable for taxes on tniassessed ])roperty .

Sec. 3660. The assessor and his sureties are liable on his official bonds for
all taxes on property within the county, which, through his willful failure or
neglect, is unassessed.

3661. District attorney to prosecute assessor for unpaid taxes, ivhen.

Sec, 3661. The district attorney must, after the assessor completes the assess-
ment book for the year, commence an action on the assessor's bond for the
amount of taxes lost from such willful failure or neglect.
8662. Judgment, ivhen entered against assessor.

Sec. 3662. On the trial of such action, the value of the i^roperty unassessed
being shown, judgment for the amount of taxes that should have been collected
thereon must be entered.
3663. Boiling-stock and improvements of railroads, hmv assessed.

Sec. 3663. Where the railroad of a railroad corjioration lies in several coun-
ties, its rolling-stock must be aj)portioned between them so that a portion
thereof may be assessed in each county, and each county's portion must bear
to the whole rolling-stock the same ratio which the number of miles of the road
in such county bears to the whole number of miles of such road h'iug in this
state. The land occupied and claimed as the right of way, with the track and
all the substructures and superstructures which support the same, must be
assessed as a whole, and as real estate, without separating the same into lands
and improvements, at a certain sum per mile. The improvements, other than
the track and the substru.ctures and superstructures which support the same,
whether situated upon land occupied and claimed as the right of wa}-, or on
other lands, must be sej^arately assessed. Water ditches constructed for
mining, manufacturing, or irrigation purposes, and wagon or turnpike toll
roads, with all improvements attached to such j)roperties, must be listed by
the assessor as real estate, and as a whole, without separating the land and the
improvements, either in the description or valuation of the same. [Amendme^^t,
approved March 30, 1874; Amendments 1873-4, 158; took effect sixtieth day from

"??-.

,, — II y o ' " "^

0UNTI_J50AKDS OF EquALIZAWON . i_i^jj|_^jj . . . .^ "• • \J i^^PI^

iiATE Board of Equalizatiw -....'.'. • ■3692

ARTICLE I.

COUNTY BOAKDS OF EQUALIZATION.

3672. Sujjervisors, ivhen to equalize assessment.

Sec. 3672. The board of supervisors of each county must meet on the first

(a) The original section was added to the code by of one sentence only, the first of the above ameud-
act apjiroved March 27, 1872; 1871-2, 586. It consisted ment.

29 449

3G72-3G80 POLITICAL CODE.

Monday of Juh' in each year, to examine the assessment-book and equalize the
assessment of property in the county. It must continue in session for that pur-
pose from time to time until the business of equalization is disposed of, but not
later than the fourth Monday in July.

3673. S(ii»>rru«>rs empuwfred to correct assessment. ^

Sec. 3073. The board has power to determine all complaints in regard to the
assessed value of property, and may, except as prohibited in this title, correct
auv valuation by adding or deducting such sum as may be necessary to make it
conform to the actual cash value.

3674. Xo reduction to be made unless on application of person assessed.

Sec. 3(374. No reduction must be made in the valuation of property, unless
the party aliected therel)y or his agent makes and files with the board a written
application therefor, verified by his oath showing the facts upon which it is
claimed such reduction should be made.

3675. Kramination of person assessed by supervisors for purposes of equalization.
Sec 3675. Before the board grants the application or makes any reduction

applied for, it must first examine, on oath, the person or the agent making the
application touching the value of the property of such person. No reduction
must be made unless sucli person or the agent making the application attends
and answers all questions pertinent to the inquiry.

3676. Supervisors may subpoena' witnesses and take evidence.

Skc. 3G7G. Upon the hearing of the application the board may subpoena such
witnesses, hear and take such evidence in relation to the subject pending, as in
its discretion it may deem proper.

3677. Ai^sessor and deputy to attend upon hearing of application.

Sec. 3G77. During the session of the board the assessor and any deputy whose
testimony is needed must be present, and may make any statement, or intro-
duce and examine witnesses on questions before the board.

3673. County recorder to attend with abstract of titles.

Sec 3()78. The county recorder must, when required during the session,
attend on the board with an abstract of all unsatisfied mortgages and trust deeds
given to secure the payment of loans and other liens on record in his office.

3679. Supervisors to use information and direct entry of mortgages, etc.

Sec. 8G79. The board must use the abstract and all other information it may
gain from the records of the county recorder or elsewhere in ecjualizing the
asKe.<smcnt of the property of the county, and may require the assessor to
enter upon the assessment book any property' which has not been assessed; and
any assessment made as prescribed in this section has the same force and eflect
as if made by the assessor before the delivery of the assessment book to the
clerk (»f the b«)ard; Init no person must be assessed under this section except a
resid».'nt of (lie county.

3680. Preservation of evidence taken before board.

Sl;c 3G8(). In uU cases where the board either adds to, or decreases, or alters
the valuation of property made by the assessor, the clerk of the board must
note down and presei-ve, substantially, the evidence upon which such addition,
decrease, or alteration was leased, \yhnendment, approved March 30, 1874;
Amendments 1873-4, lo'J; took cjfecl sixtieth day after 'passage. '•"'^

(a) The origiDKl section h«d an additiocdl clause as muBt doclnre the legal principles it has licen governed
follows: by in BSiertuining the valuation adopted by it."

"And upon the demand of the applicant the bo:ird

450

REVENUE. 3G81-3G92

8881. Supe7-risors may direct neio ai<sesxmeri(s (obe made, etc. — Notice to persons
interested.

Sec. 3G81. During the session of the board, it may direct the assessor to
assess any taxable property that has escaped assessment, or to add to the
amount, number, or quantity of property when a false or incomplete list has
been rerj^dered, and to make and enter new assessments (at the same time can-
celing previous entries) when any assessment m.ade by him is deemed by the
board so incomplete as to render doubtful the collection of the tax; but the
clerk must notify all i^ersons interested, by letter dei^osited in the post-office
or exjDress, postpaid and addressed to the person interested, at least ten days
before action taken, of the day fixed when the matter will be investigated.

3682. Clerk of supervisms to record proceedings, alterations, etc. — Oath of clerk.

Sec. 3682. The clerk of the board must record in a book to be kept for that
purpose all changes, corrections, and orders made by the board, and during its
session, or as soon as possible after its adjournment, must enter upon the
assessment book all changes and corrections made by the board, and on or
before the first Monday of August must deliver the assessment so corrected to
the county auditor, and accompany the same with an affidavit thereto affixed,
subscribed by him as follows:

"I, , do swear that, as clerk of -the board of supervisors of

county, I have kept correct minutes of all the acts of the board touching altera-
tions in the assessment book; that all alterations agreed to or directed to be
made have been made and entered in the book, and that no changes or altera-
tions have been made therein except those authorized."

ARTICLE II.

STATE BOAKD OF EQUALIZATION.

3692. General powers of hoard.

Sec. 3692. The powers and duties of the state board of equalization are as
follows:

1. To prescribe rules for its own government and for the transaction of its
business;

2. To prescribe rules and regulations to govern supervisors when equalizing
and assessors when assessing;

3. To make out, prepare, and enforce the use of forms in relation to the
assessment of proj^erty;

4. To hold such special meetings as the chairman may direct;

5. To meet at any time between the first and third Mondays in September
in each year, and at such meetings to fix the rate of state taxation;

6. To appoint a clerk, when necessary, prescribe and enforce his duties;

7 . To report to the governor annually a statement showing :
First. The acreage of each county in the state that is assessed;
Second. The amount assessed per acre;

Third.. The aggregate value of all town and city lots;

Fourth. The aggregate value of all real estate in the state;

Fifth. The kinds of personal property in each county, and the value of each
kind;

Sixth. The aggregate value of all personal property in the state;

Seventh. Any information relative to the assessment of property and the
collection of revenue;

Eighth. Such further suggestions as it shall deem proper;

451

3692-3098 POLITICAL CODE.

8. To keep a record of all its proceedings. [Aviendment, approved April 1,
187G; AmeyidmenL<lS15-(i, 11; took effect immedicdely}^^

3693. [Sec. 3693 was repealed by act approved April 1, 187G; Amendments
1875-6, 11; took effect immediately.'"']

3694. E'jtudizcdion, how made ivhen countxj auditor fails to forivard statement.
Slc. 3094. If the county auditor fails to forward to the state board of equali-
zation the statement provided for in section 3728, the board must obtain the
statement or so much thereof as is necessary from other and reliable sources.
[Amendment, approved April 1, 1870; Amendments 1^1 ^-Q>, 11; took eff'ect imme-
dialehj.'''

3695 I Sec. 3095 was repealed by act approved April 1, 1870; Amendments
1875-6, 11; took effect immediately.] ^''7^-^ adcUcL /f.'o /^o-fu %y

3696. Board to notify supervisors amount of tax to be levied.

Sec 3090. Between the first and third Mondays in September of each year
the board must determine the rate of state tax to be levied and collected upon
the assessed valuation of the property of the state, which, after allowing fifteen
per cent, for delinquencies in, and costs of collection of taxes, must be sufficient
to i-aise the specific amount of revenue directed to be raised by the legislature
for state purposes. The board must immediately thereafter transmit to the
board of supervisors of each county a statement of such rate, and upon its
receipt, the county clerk must, in writing, notify the state board of equalization
thereof. [Amendment, approved April 1, 1870; Amendments 1875-0, 11; took
eff'ect immediately.^^''

3697. Penally for refusing to obey rides and regulations of board.

Sec. 36t'7. Eveiy person served with a subpcena who failsi or neglects, with-
out just excuse, to obey it, and every officer Avho refuses to obey the rules and
i-egulations prescribed by the board, or to perform the duties prescribed therein,
forfeits to the state five hundred dollars, to be recovered by action in the name
of tlie board, which action may be commenced and tried in any county of the
state.

3698. District attorney to pn-osecute assessor fraudulently assei'sivg proj^erty.

Sec 3098. Whenever the state board of equalization is satisfied that the
assessor or a deputy assessor of any county has knowingly, fraudulently, or

(n) The original Pectidn had twelve subdivisions, to and including the words " except money," and then

the lirht thru- and the luht two being the same as above, proceeded "and solvent debts; such per centum, re-

Tlie "itherh were aH follows: spectively, us is sufficient to raise or reduce it to the

4. T" hi'ld rejjiiliir Jiiiaithly meetingsat the state cap- lull cash value. In raising or reducing the valuation

Itol •■n the i-emnd Monday in each month, and such of personal property, the board may confine sucli rals-

hlH-i ial njeiiin«s ah the ihairman may direct; !i. To ing or reduitiou to one or more kinds of personal

ln«-«t at thi- Kt»t<- cupitol on the third Monday in August, property, not exceeding six in number."

anl ri-utain hi hehsion until the third Monday in Sep- (c) The original s< ction after the word " must" had

ti'iiilxr: (J. At BHch meeting to equfili/.e the valuation the words "make the eiiuabzation from any iuforma-

of (I , i.r, 1,. •i\ i,f the Fevi-ral counties in the state, tion it can obtain."

an'l f state taxuti<iii; 7. To visit asa board, ((/) Kcpealed section:

'■r i .nl nKiiibirs thereof, the several couu- Skc. aoys. When the equalization among the several

tl< f . ■■'•'•■'• iiurposc of insi'pctlng the proi>- counties is completed, the clerk of the board must

erty and !■ .lue Ihereol; H. To cull bcfon- it transmit to each county auditor a statement of the per

or any U' ■ on smli visit, any oflicers of the centum to be added to or deducted from the valuation

county, a.'.. ■■ ... them to ])roiiiice any jiublic rec- of the property of his county.

cinld in tlii-ir •ukLhiv; It. To ihMie subpunas for the at- (>■) The original section read like the section as given

ft-ndan<<of wltn'-KW-s. orlh. prodUiUonof books before below, except that iubtead of " lighteeu per cent, for

th<' louril or any iiieiiiber thi nof— which subixi-nas delinquencies in, and cost of," it had the words "for

muht be Klgnwl by a member of the board and may be delinquency in the."

(MTvcd )iy anypePHon; 10. To appoint a clerk, prescribe U was amended by act of March 24,1874; Amend-

aud . nfon <• his duties. ments lH7;{-t, 147, so as to read like the section as given

ilj) lUpeabd Hiiilon: below, except that it had the word " twelve " instead

S»;<:, :)'.'.'.). When: the prf)iKTty 1h found to be assessed of " eighteen."

ab<ai- or Vx-low Its full cahfi vnlu'-. the board must add It was again amended by act of March oO, 1874;

to or deduct from the valuation of: Am<ndments ]87;i-4, 1.59, so as to read as follows:

1. The nnl chtale; .Skc. H(;i)6. At the same time the board must deter-

•2. Iiiijirovcmi-ntH uj.on i>urh n-al estate; mine and transmit to the board of su| ervisors of each

.1. The jH TKonnl pnjp«-rty. except money; county the rate of state tax to be levied and collected,

4. The amount of money; which, after allowing eighteen per cent. fi>r deiinquen-

Su. h p«-r centum, respectively. 88 1b Bufllcient to raise cles in. and cost of collection of tax. s, must be suffi-

nr ridure It to the full cash value. cient to raise the specific amount of revenue directed

It was amended by «< t of March 21,1874; Amend- to be raised by the legislature for state ijurpose.s.
ments 1«7:'. 4 it: >~o h>- to read like the original down

452

REVENUE. 3(;98-3705

corntptlj assessed any property l>elow its actual cash valvic, it must iuiniediatel}'
inform the district attorney of such county in writinj^' of the facts that may have
come to its knowledge, with a request that such assessor or deputy assessor be
prosecuted, and the district attorney must at once comply with such request.
3699. Clerk and members of board marj administer oaths.

Sec. 3699. The clerk or any member of the board may administer and certify
oaths.

[Secs. 3700 and 3701 were repealed by act approved April 1, 187G; Ajpaend-
ments 1875-6, 11; took effect immediately.'"^! /^3ic/<^^^^/^r^- ^y/^^'/'-
„_-„ „ ^, /if i ■A'7 0 ■' ^7'

o702. Expejises.

Sec. 3702. All necessary expenses in carrying into effect the provisions of this '
title must be allowed the board, not to exceed annually one thousand dollars,
the amount thereof to be audited and allowed by the board of examiners, and
paid out of the state treasury. [Amendment, a^jproved April 1, 1876; Amend-
ments 1875-6, 11; took effect immediately.'-^''

3703. [Sec. 3703 was repealed by act approved April 1, 1876; Amendments
1875-6, 11; took effect immediately.'"*]

3704. Duty of board upon failure of county boards to apjwint assessors, etc.
Sec. 3704. If the board of supervisors of any county fails or refuses either:

1. To allow the assessor to appoint a sufficient number of deputies to make
the assessment; or,

2. To furnish the proper books or blanks for his use; or,

3. To furnish the assessor necessary office room;

— Then the state board of equalization may, upon the application of the asses-
sor, make the allowance, or furnish the proper books, blanks, or office room;
and all the expense incurred in carrying into effect the provisions of this sec-
tion must, by the secretary of the board, be certified to the controller, who
must, in his next settlement with the county treasurer of any such county, re-
quire such treasurer to pay the amount out of any funds belonging to such
county.

Au Act to protect the county treasuries of certain counties.

Approved March 16, 1874; 1873-4, 393.

Assesso7S of certain counties to pay deputies.

Section 1. If the assessor of Siskiyou, Calaveras, Amador, or Alpine county
appoints any deputies by virtue of authority derived from the state board of
equalization, acting in jDursuance of powers conferred on them by section three
thousand seven hundred and four of the Political Code, or by virtue of author-
ity derived from the board of sujoervisors of his county, acting in pursuance of
powers conferred on them by section three thousand eight hundred and ninet}'-
four of the Political Code, the compensation of such deputies must be paid by
the assessor.

Sec 2. This act must take effect and be in force from and after its passage.

3705. State board may extend time.

Sec 3705. The state board of equalization may, by an order entered upouKs
minutes, and certified to the county auditor of any county, extend, for not ex-
ceeding thirty days, the time fixed in this title for the performance of any act.

(a) Repealed eections: tai-y thereof is entitled to repayment of all expenses

Sec. 3700. The anuuid salary of each member of the incurred by him in traveling in tlie disoharge of his

board appointed by the governor is thirty-six hundred duties, not to exceed one tliousan.l dollars each, the

dollars, and the annual salary of the ex officio member amount thereof to be audited and allowed by the board

is twelve hundred dollars. of examiners and paid out of the state treasury.

Sec. ;4701. The annual salary of the clerk is twenty- (c) Repealed sectin: „ ,^ , ^ , , ,

four hundred dollars Sec. 3703. Each miniber of the state board of eqiial-

(6) Original section: ization appointed by the governor must execute an

Sec. 37u2. Each member of the board and the secre- olflcial bond in the sum of ten thousand dollars.

453

3713-3717 POLITICAL CODE.

CHAPTEE Y.

LEVY OF TAXES.

3713. Amounfs required for several funds.

Sec. 3713. The state board of equalization must, for state purposes, for the
twentv-ei-^'htb and tAventy-ninth fiscal years, fix sucli an ad yalorem rate of tax-
ation upon each one hundred dollars of taxable property of this state, as will
raise fur the twenty-eighth fiscal year:

1. For the general fund, two million two hundred and twenty thousand
dollars;

2. For the school fund, one million two hundred and one thousand dollars;

3. For the interest and sinking fund, three huncked and fifteen thousand
dollars.

And for the twenty-ninth fiscal j^ear:

1. For the general fund, one million six hundred and eight thousand dollars;

2. For the school fund, one million three hundred thousand dollars;

3. For the interest and sinking fund, three hundred and fifteen thousand
dollars. [Arnendmerd, approved April 3, 187G; Amendmerds 1875-6, 60 ; took
effect from passage}^^

3714. Supervisors to regulate county rate of taxation.

Sec 3714. The board of sujDervisors of each county must, on the first Monday
of October, fix the rate of county taxes, designating the number of cents on
each hundred dollars of property levied for each fund; and must levy the state
and county taxes uj^on the taxable property of the county.

3715. ]\lien supervi'^ors fail to levy such taxes, etc.

Sec. 3715. The action of the state board of equalization, in fixing the rate of
taxation for state jjurposes, is, in the absence of action by the board of super-
visors, a valid levy of the rate so fixed, and imposes upon the auditor, tax col-
lector and all other ofiicers charged with the performance of any duties under
tlie revenue law, the same obligations as if the board of sui^ervisors had made
the levy at the proper time.

3716. Ta.r to operate as a judgment or lien against property.

Sec. 3716. Every tax has the effect of a judgment against the person, and
eveiy lien created by this title has the force and effect of an execution duly
levied against all property of the delinquent; the judgment is not satisfied nor
the lien removed until the taxes are paid or the property sold for the payment
thereof.

3717. Taj- on jjfvsoiial property a lien on realty.

Sec. 3717. Eveiy tax due upon personal property is a lien upon the real i:»rop-
erty of the owner thereof, from and after the time the same becomes delinquent.
\A7iuiidmeut, approved March 30, 1874; Amendments 1873-4, 159; took effect six-
tieUi day froi7i passage.''^'

(a) The orifdoal Mfctlon iirovldid for the aiiiountB to The section was attain amendrd by net of March .30,

b«- ralKtU f..r llii- tw<i)lj.f<.iiith and twciity-fUtli fiKoal 1874; Amendments l«7:5-4, ICO, so as to fix tho amonnts

>■^■ar^. iJ.-Ion- it took iff. .t. U wi.h ami ndi-d by ac t ap- to be niiBed for tlie twenty-sixth fiscal year, as follows:

prfived April 1. IK"'.'; lM71-'i. hW,. Ml Bht.i iix the amounts 1. For the general fund, $1,7SK,0(I0; -2. For the school

U> be FMiM d for eiieh «f thow: yenrt* as fcdlows; 1. For fund, $1,11(1,000; If. For the interest and siukinf,' fund,

the p n. ml ftin<l. Jl.l'.Mi.fJdd; 'J. For (lie m h<».l fund, $:«fi,0(iO. And for the twentvseventh fiscal vear: 1.

|24<i,0(M); .!. For liie liitereht and sinliinK liin<l of lh.'i7, Forthe general fund,$l,(;OO.OUU; •2. Forthe school fund,

JUO.WX); i. ti.T the Interest and sinking fund of 1W,0, $1,130,000; 3. For the interest and sinking fund, $336,-

fWMMI; .') F'T the state eapltol fund, $'2('(i,i)(i(): fi. For 000.

the iidlitarj- fund, .«iX).rKPii; 7. For the soldiers' bounty (6) The original section, instead of " same becomes

Interest anrl siiiklTig fund. ?<:j,no(i; H. For ihe scddiers' delinquent," bad the words "personal proijerty Is

relief interest and sinking fund, tJ.'i.OOO; y. F..r the assessed."
I'aciflc rallroa.l lund. Slo.l.iHtiP; 10. For tho state nor-
mal school biill.itig fund, $7.S,(KJ«; 11. F' r the state
capitul bondc iutercbt and slnklDg fund, f3IJ,000.

454

REVENUE. 3718-3731

3718. Tax on real property and tax on improvements a lien upon both.

Sec. 3718. Every tax due upon real property is a lien against the property
assessed; and every tax due upon imi^rovements upon real estate assessed to
others than the owner of the real estate, is a lien upon the land and improve-
ments; which several liens attach as of the first Monday of March in each year."

3719. Tax for school purposes.

Sec. 3719. The state board of equalization must levy annually at the time
other state taxes are levied a tax of such number of cents on each one hundred
dollars value of taxable jiroperty in the state as. will produce a net sum equal to
the amount reported to them by the controller as being necessary to be raised
by an ad valorem tax for school purposes; and the assessment and collection of
said tax shall be performed in the same manner and at the same time as other
state taxes are assessed and collected. [New section, approved March 13, 1874:;
Amendments 1873-4, 84; took effect from passage.

CHAPTER YI.

DUTIES OF THE AUDITOR IN RELATION TO REVENUE.

3727. Auditor to enter in assessment book total valuations and acreage of county.
Sec. 3727. The county auditor, as soon as the assessment book is delivered to

him by the clerk of the board of supervisors, must proceed to add up the valua-
tions, and enter the total valuation of each kind of proj^erty and the total
valuation of all proj)erty on the assessment book. The column of acres must
show the total acreage of the county.

3728. Auditor to prepare duplicate statement, showing what. ^'~
Sec. 3728. The auditor must, on or before the third Monday in August of

each year, prepare from the " assessment book" of such year, as corrected by
the board of suioei-visors, duplicate statements, showing in separate columns:

1. The total value of all property;

2. The value of real estate;

3. The value of the improvements thereon;

4. The value of personal property, exclusive of money;

5. The amount of money;

6. The number of acres of land.

3729. Statements transmitted to controller and board of equalization.

Sec. 3729. The auditor must, as soon as such statements are prepared, trans-
mit by mail or express one to the controller of state and one to the state board
of equalization.

3730. Auditor to disregard certain action of board of supervisors. Yd-
Sec. 3730. The auditor must disregard any action of the board of supervisors

which is prohibited by section 3G33 of this code. [Amendme)d, approved April
1, 1876; Amendments 1875-6, 11; took effect immediately.'-^''

3731. Auditor to compute and enter taxes against p)roperty.
Sec. 3731. The auditor must comjuite and enter in a separate money column

in the assessment book the resj)ective sums, in dollars and cents, rejecting the

(a) Original section: when more than fifty cents, as one dollar, and omitting

Sec. 3730. As soon as the auditor receives from the it when less than fifty cents, so that the value of any

state board of equalization a statement of the per separate assessment shall contain no fraction of a

centum, if any, to be added to or deducted from the dollar.

valuation of the property of his coimty, he must add It was previously amended by net of March 24, 1874;

to or deduct from each assessment the required per Amendments 1S73-4, 147, so as to read like the original

centum ou the valuation thereof, as the same has been with the addition of a clause at the end as follows:

equalized by the board of supervisors, and must enter " but he shall, in all cases, disregard any action of the

the same in a column provided with a proper heading, board of supervisors which is prohibited by section

in the assessment book, counting any fractional sum, 3633 of this code."

455

</)

3731-3738 POLITICAL CODE.

fractions of a cent, to be j^aid as a tax on the property therein enumerated, and
foot up the column showing the total amount of such taxes. [Ameiidmeyit, ap-
proved April 1, 187G; Amt:ndmen(s 187 5-G, 11; took effect immediately }"^

3732. Delivei-y of copy of assessment book to collector.

Sec. 3732. On or before the fourth Monday of October he must deliver a copy
of the assessment book, to be styled "duplicate assessment book," to the tax
collec-tor, with an affidavit attached thereto, and by him subsciibed, as follows:

««I^ , auditor of the county of , do swear that I received the

assessment book of .the taxable property of the county from the clerk of the
board of supen-isoi-s, with his affidaA-it thereto affixed; that I have reckoned the
respective sums due as taxes, and have added up the columns of valuations,
taxes, and acreage as required by law, and that the copy to which this affidavit
is affixed is a full, true, and correct copy thereof, made in the manner pre-
scribed by law." {Amendment, approved April 1, 187G; Amendmentsl'&'i^-Q>, 11;
took ejf'ect immediately. ^^^

3733. Auditor to retain original assessment book.

Sko. 8733. The original assessment book must remain in the office of the
auditor.

3734. Tux collector charged with full amount of taxes levied.

Sec. 373-4. On delivering the "duplicate assessment book" to the tax col-
lector, 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 a state-
ment of the amount so charged.

3735. Auditor to verify all statements made by him.

Sec. 3735. The auditor must verify by his affidavit attached thereto, all state-
ments made by him under the provisions of this title.

3736. Transfer of assessment book from one collector to another.

Sec. 3730. The auditor, if the "duplicate assessment book" or the delin-
quent tax list is transferred from one collector to another, must credit the 'one
and charge the other with the amount then outstanding on the tax list.

3737. penally for failure or neglect of counly auditor.

Skc. 3737. If the county auditor fails or neglects to perform the duties pre-
scribed by sections 3728 iind 3729 of the Political Code, he shall forfeit to the
state live hundred dollars, to be recovered by action in the name of the state
board of equalization. [New section, approved March 24, 1874 ; Amendments
1873-4, 150; look effect from passage.

3738. Duplicate assessment book may be dispensed loith.

Sec. 3738. The board of supenMsors of any county may, in their discretion,
dispense witli the making or use of any duplicate assessment book mentioned
in any part of this code; and in all cases where said duplicate assessment
book is refi-rred to, it sliall be lawful to use and consider the original assess-
ment book in all tlie requirements of every part of this code referring to the
same; and all affidavits, or other statements in reference to said duplicate
assessment bo<jk, shall bo substantially worded to conform to the use of the
original assessment book. [New section, approved March 24, 1874; Amendments
1873-4, inO; lii'ib I'ffect from jmssage.

(a) Thr original f-t|niiliii<Hh«-\vor<l " fli<-n " liofore Ihp words "and that I have corrected it and made it

"coini.leti-." :iijd at th.- .-iLlif h.i.l til." wor.lH ••and the ciuforin to the r(<iuiri^nientB ol the BtHte board of

coliHiinK of t"tiil value r,f ].r"i.crt;- in th<- rointy. a« iiiualiziition." It did not have the concluding words

corrected ni.dcr the direction of the tttat*; board of " made in the manner prcBcribed by law."

equalization." It was uinendcd by act of March -li, 1874; Amend-

(6) The <»rlKlnal HCction had the word " corrected " mentH 1H73 A, 148, by adding to the original the words

before the flTbt word "awKWfmeut/'uud after "ufllxed" " made in the manner prescribed bylaw."

456

REVENUE. 3738-3752

An Act to amend and also to repeal certain sections of the Political Code relating to the «tate

board of equalization.

Approved April 1, 1876; Amendments 1876-C, 11.

[The first ten sections consist of amendments to sections 352, 3G50, 3651,
3G92, 3G94, 3G9G, 3702, 3730, 3731 and 3732 of the Political Code therein
inserted.]

Completion of old business.

Sec. 11. The board is empowered and directed to complete the unfinished
business, if any there is, of the former state board of equalization; which said
board is directed to deliver to the board created by this act, all the maps,
papers, and records of the ofiice.

Sec. 12. The state board of equalization, if it deem it necessaiy, may have
l^rinted five hundred copies of the whole or any part of Title IX of the Politi-
cal Code, and transmit five copies thereof to the county clerk of each county
for distiibution to the revenue officers thereof.

Sec. 13. Sections 3693, 3G95, 3700, 3701 and 3703 of the Political Code are
hereby repealed.

Sec. 14. This act takes effect immediately after its passage.

CHAPTER VII.

COLLECTION OF PROPERTY TAXES./

3746. Tax collector to publish notice, specifying what.
Sec. 3746. Within ten days after the receipt of the "duplicate assessment

book," the tax collector must publish a notice sjaecifying:

1. That taxes will be delinquent on the first Monday in January next there-
after, and that unless paid prior thereto, five j^er cent, will be added to the
amount thereof;

2. The time and j^lace at which payment of taxes may be made. [Amend-
ment, approved April 3, 1876; Amendments, 1875-6, 58; took eff ect from passage. ^^'>

3747. Taxes in San Francisco jMyable at collector's office. o Y" ^
Sec 3747. In the city and county of San Francisco, the notice must specify

the ofiice of the collector as the place where taxes may be paid.

3748. In other counties notice to specify place of p)ayment. ^9 -
Sec 3748. In other counties the notice must sjDCcify a time and place within

each township in the county when and where the collector will attend to receive
payment of taxes.

3749. Manner of jncblicafion of notice.

Sec 3749. The notice in every case must be published for two weeks in
some weekly or daily newspajjer published in the county, if there is one; or if
there is not, then by j^osting it in three public jjlaces in each townshij^.

3750. Tax collector to note dale of payment.

Sec 3750. The tax collector must mark the date of the payment of any tax
in the assessment book, opposite the name of the person paying.

3751. Receipt to be given. /) ~ i
Sec 3751. He must give a receipt to the person paying any tax, specifying 7 ^

the amount of the assessment and the tax paid, with a descrii:)tion of the prop-
erty assessed.

3752. Taxes of decedents, how paid.

Sec 3752. The probate judge must require every administrator and executor ^

(a) The original section was the same except that it had the words "become delinquent" instead of "be de-
linquent " in the second 6ubdi\-iBion.

457

3752-37G0 POLITICAL C,ODE.

to pay out of the fuuJs of the estate all taxes due from such estate; and no
order or decree for the distribution of any property of any decedent among the
heirs or devisees must be made until all taxes against the estate are paid.

3753. Setllement of collector icifh auditor, when made.

Sec. 3753. On the first Monday in each month the tax collector must settle
with the auditor for all moneys collected for the state or county, and pay the
same to the county treasurer, and on the same day must deliver to and hie in
the office of the auditor a statement, under oath, showing:

1. An account of all his transactions and receipts since his last settlement;

2. That all money collected by him as tax collector has been paid.

3754. Liahilitii of tax collector refusing or neglecting to settle.

Sec. 3754. A tax collector refusing or neglecting for a joeriod of five days to
make the payments and settlements required in this title, is liable for the full
amount of taxes charged ujion the assessment-roll.

3755. Action against collector for such refusal or neglect.

Stc. 3755. The district attorney must bring suit against the tax collector and
his sureties for such amount, and in case of neglect, the controller of state or
the board of supervisors may require him to do so ; and when the suit is com-
menced, no credit or allowance must be made to the collector for the taxes out-
standing.

/ 3756. When taxes are delinquent, addition thereto of five joer cent.
"*iT~^ Sec. 375G. On the first Monday in January of each year, at six o'clock p. m.,
all unpaid taxes are delinquent, and thereafter the tax collector must collect
thereon, for the use of the county, an addition of five per cent. {Amendment,
. approved January 12, 1876; Amendments 1^1 b-Q>, 60; took effect from passage. '-"^

3757.

(Sec. 3757*"' was repealed by act approved December 23, 1873; Amendments
1873-4, 160; took efl'ect immediately.]

3758. Comparison of original and duplicate assessment books by collector and

auditor.
-^ I Sec. 3758. On the third Monday in January of each year, in each of the

counties other than San Francisco, and on the first Monday in February of
eadi year ii) the city and county of San Francisco, the tax collector must attend
at the office of the auditor, with the duplicate assessment book, and carefully
comj)are the dui)licate with the original assessment book, and every item
marked " paid" in the former must be marked " paid" in the latter. [Amend-
vii'itt, ajtprovcd January 15, 1876; Amendments 1875-6, 60; took effect from
paasage.^" ,

(See, in this connection, the time i)rescribed for publishing the delinquent
list as prescribed, jjost 3764.]

3759. When delinquent list must be completed.

Sec. 3751). The tax collector must, at the time specified in the preceding sec-
tion, deliver to the auditor a complete "delinquent list" of all persons and
proj)erty then owing taxes.

3760. All mnfterx on assessment book, etc., to be set down in numerical or alpha-

betical order.
Sj.i.. .'i760. In the list so delivered must Ijc sot down in numerical or alpha-

{a)_ The nrlKlnal nectlon did u<A havo tUo words " at (c) The original spotion did not have the words " in

«lx oVhirk I". M." each of the, counties other than San Fnincisco, and on

(fc) lUymU-ii Hi-<tion: the firht .Monday in F.hruary of each year in the city

Sec. 3(.h. No taxes miwl be collcrtt-d or received and county of San Francisco."

fr'im the ftrbt lo the third Monday of January, incluKi ve,
in each year,

458

REVENUE. 37G0-37G4

betical order all matters and things contained in the assessment book and re-
lating to delinquent persons or property.

3761. Credit to he given to tax collector on final settlement, etc.

Sec. 3761. The auditor must carefully compare the list with the assessment
book, and if satisfied that it contains a full and true statement of all taxes due
and unpaid, he must foot up the total amount of taxes so remaining unpaid,
credit the tax collector who acted under it therewith, and make a final settle-
ment with him of all taxes charged against him on the assessment book, and
must require from him the treasurer's receipt, or if the treasurer is the col-
lector, require from him an immediate account for any existing deficiency.

An Act in relation to moneys belonging to the state derived from taxes assessed on mort-
gages.

Approved March 30, 1872; 1871-2, 7C2.

Disposition of moneys.

Section 1. All moneys belonging to the state now in the hands of tax col-
lectors, which were received as taxes on promissory notes secured T)y mortgage
assessed and collected in the years 1870 and 1871, and all moneys that may be
derived from taxes now delinquent, which were assessed on promissory notes
secured by mortgage in the years 1870 and 1871, are hereby directed to be
retained for the use of the several counties which levied such taxes. The tax
collectors of the several counties in which such property was assessed are
authorized and required to pay over all such moneys to the county treasurer in
the same manner as other taxes are paid.
General fund.

Sec. 2. All moneys which by this act are remitted to the several counties in
which such assessments were made shall be placed to the credit of the general
fund.

Sec. 3. All laws and parts of laws inconsistent with this act are hereby re-
l^ealed.

Sec. 4. This act shall be in force from and after its passage.

3762. Tax collector charged loith delinquent taxes and five per cent, additional.
Sec. 3762. After settlement with the tax collector, as prescribed in the preced-
ing section, the auditor must charge the tax collector then acting with the
amount of taxes due on the delinquent tax list, with the five per cent, added
thereto, and within three days thereafter deliver the list, duly certified, to such
tax collector.

3763. Auditor to transmit statement to controller ; time when ; form of.

Sec. 3763. Within ten days after the final settlement, the auditor must trans-
mit, by mail or express, a statement to the controller of state, in such foi-m as
he requires, of each kind of property assessed and delinquent, and the total
amount of delinquent taxes.

3764. Publication of delinquent list ; ichen made ; what to contain. 5^?--^
Sec. 3764. On or before the first Monday in February, the tax collector must ^i;^. ^

pubHsh the delinquent list, which must contain the names of the persons and a^
description of the property delinquent, and the amount of taxes and costs due, /
opposite each name and description, with the taxes due on personal property
added to taxes on real estate, w^here the estate is liable therefor or the several
taxes are due from the same person. The expense of the publication to be a
charge against the county. [Amendment, approved April 3, 1876; Amendmeirts
1875-6, 58; took effect from passage. '•^^

(a) The original section was the same as the amend- " must publish " the following •words, " in each of the

ment in the text, except that it did not have the last counties other tliau San Francisco, and on or hefi.re

sentence. the first Monday in March of each year in I he city and

It was previously amended by act of January 15, county of San Francisco the tax collector of said city

1876; Amendments 1875-6, 61, so as to insert before and county."

459

37C5-3773 POLITICAL CpDE.

3765. Notice of sale appended to delinquent lid.

Sec. 3765. The tax collector must apiieiid and publish with the delinquent
list a notice that unless the taxes dehnquent, together with the costs and per-
centage, are paid, the real in-opert}' upon which such taxes are a lien will be
sold at public auction.

3766. Manner nf making pnhlication.

Sec. 37(JG. The publication must be made once a week for three successive
weeks, in some newsi)aper, or supplement thereto, published in the county; or
if there is none, then by posting a copy of the list in three public places in each
township.

3767. Same.

Sic-. 3707. The publication must designate the time and j)lace of sale.

3768. Sale, ichen and where to take place.

Sec. 37(jS. The time of sale must not be less than twenty-one nor more than
twenty-eight days from the first j^ublication, and the i:>lace must be in front of
the county com-t-house, or if in the city and county of San Francisco, in or in
front of the tax collector's ofl&ce, for all state and county taxes, and for all other
taxes in front of the tax collector's offices in their respective towns, cities and
local districts. [Amendment, approved March IG, 187G; Amendments 1875-6, 62;
took cjfectfrom passage.'^"^

3769. Notice containing what to he filed toith county recorder.

Sec. 37G9. The collector, as soon as he has made the publication required by
sections 3764, 37G5, 37G6, and 37G7, must file with the county recorder and
county clerk respectively, a copy of the publication, with an affidavit attached
thereto that it is a true copy of the same; that the publication was made in a
newspaper or supplement thereto, stating its name and place of publication,
and the date of each appearance; and in case there was no newspaper published
in his county, that notices were put up in three public places in each of the
townships, designating the township and places therein, which affidavit is
primary evidence of all the facts stated therein.

3770. Collector to collect an additional sum to defray costs, etc. — Sum, how collected.
Sec 3770. The collector must collect, in addition to the taxes due on the

delinquent list and five per centum added thereto, fifty cents on each lot, piece,
or ti-act of land separately assessed, and on each assessment of personal prop-
erty, one half of which must go to the county and the other to the collector in
iuU for preparing the list.

3771. Manner of conducting sale.

Sec. 3771. On the day fixed for the sale, or on some subsequent day to which
he may have postponed it, of which he must give notice, the collector, between
the hours of ten o'clock a. m. and three p. m., must commence the sale of the
proi>erty a<lvortiHed, commencing at the head of the list, and continuing alpha-
l>etically or in the numerical order of lots and blocks until completed.

3772. J'oHfponement.

Sec 3772. Ho may postpone the day of commencing the sale, or the sale
iroiu day to day; Init the sale must be completed within three weeks from the
day first fixed.

3773. Oirucr of pruix-rtij may designate what portions to be sold first, etc.

Sec. 3773. The owner or i)er.son in possession of any real estate offered for
Bale for taxes due thereon, may designate, in writing, to the tax collector, prior
to the sale, what portion of the property he wishes sold, if less than the whole;

(a) Thcoriifinal goctlon did not have the last clauBe commencing with the words "foraU state and county
taxes."

460

REVENUE. 3773-3780

but if the owner or the possessor does not, then the collector may designate it,
and the person who will take the least ciuantity of tbe land, or in case an undi-
vided interest is assessed, then the smallest portion of the interest, and pay
the taxes and costs due, including fifty cents to the collector for the duplicate
certificate of sale, is the purchaser. But in case there is no purchaser in good
faith for the same, as provided in this chapter, on the first day that the property !
is ofl'ered for sale, then when the property is offered thereafter for sale, and
there is no purchaser in good faith of the same, the whole amount of the prop-
erty assessed shall he struck off to the people of the state as the purchaser,
and the duplicate certificate delivered to the county treasurer and filed by him
in his office. No charge shall be made for the duplicate certificate when the
state is a purchaser; and in such case the tax collector shall make an entry,
"Sold to the State," on the duplicate assessment book opposite the tax, and
he shall be credited with the amount thereof in his settlement, made pursuant
to sections 3797, 3798 and 3799 of this code. [Amejuhnent, approved March 24,
1874; Amendments 1873-4, 148; took effect from passage.''^''

3774. When purchaser does not make payment on need day propei'fy to be resold.
Sec. 3774. If the purchaser does not pay the taxes and costs before ten o'clock

A. M. of the following day, the jnoperty, on the next sale day, before the regu-
lar sale, must be resold for the taxes and costs.

3775. Bid of person once refusing to make payment not to he received.

Sec. 3775. The bid of any person refusing to make the payment for property
purchased by him must not be received on the sale of any property advertised
in the delinquent list of that year.

3776. Collector to give purchaser duylicate certificate of sale.

Sec 3776. After receiving the amount of the taxes and costs, the collector
must make out in dujolicate a certificate, d^ted on the day of sale, sTating(when
known) the name of the person assessed, a description of the land sold, ""the
amount paid therefor, ^^that it was sold for taxes,^giving the amount and year of
the assessment,, and specifying the time when the purchaser will be entitled to
a deed.

3777. Delivery of certificate.

Sec. 3777. The certificates must be signed by the collector, and one copy de-
livered to the purchaser, and the other filed in the ofiS.ce of the county re-
corder.

3778. Collector to enter in hook description of land sold, etc.

Sec 3778. The collector, before delivering any certificate, must in a book enter
a description of the land sold corresponding with the description in the certifi-
cate, the date of sale, purchaser's name, and amount paid, regularly number
the descriptions on the margin of the book, and put a corresponding number on
each certificate. Such book must be open to public inspection without fee, dur-
ing ofl&ce hours, when not in actual use.

3779. Lien of state vests in purchaser; hoio divested.

Sec 3779. On filing the certificate with the county recorder the lien of the
state vests in the purchaser, and is only divested by the payment to him, or to
the county treasurer for his use, of the purchase-money and fifty per cent,
thereon.

3780. Redemption, time for. v^
Sec 3780. A redemption of the property sold may be made by the owner, o^ <

7 '
(a) The original Bection consisted only of the first sentence. Instead of " fifty cents " it had the words " two
dollars."

461

3780-3786 POLITICAL CODE.

any party in interest, within twelve months from the date of the purchase.
[Ameudmenf, approved January 13, 1876; Amendments 1875-6, 62; took effect im-
inediatelif.'''"

3781. Coin.

Sec. 3781. Redemption must be made in gold or silver coin, and when made
to the county treasurer, he must credit the amount paid to the person named in
the collector's certificate, and pay it on demand to the person or his assignees.
[Amendment, approved JIarch 24, 1874; Amendments 1873-4, 157; took effect from
poiiiiage.'^^'

3782. Ti-eaaurer to rqMrt to siipej'visors pp7\^ons entitled to redemption.

Sec. 3782. In each rejioi-t the treasurer makes to the supervisors he must
name tlie persons entitled to redemption money, and the amount due to each.

3783. liecorder to file certificate of sale.

Sec. 3783. On receiving the certificate of sale the recorder must file it, and
make an entry in a book similar to that recj[uired of the collector.

3784. Wlirn j)roperty redeemed, recorder to note in hook.

Sec. 3784. On the presentation of the receij)t of the person named in the
certificate, or of the county treasurer for his use, of the total amount of redemp-
tion money, the recorder nuist mark the word "redeemed," the date, and by
whom redeemed, on the certificate and in the margin of the book whei'e the
entiy of the certificate is made.

3785. Deed given on failure to redeem.

Sec. 3785. If the property is not redeemed within the time allowed by law
for its redemption, the collector, or his successor in oflSce, must make to the
jiun.'haser, or his assignee, a deed of the property, reciting in the deed sub-
stantially the matters contained in the certificate, and that no person has re-
deemed the property during the time allowed for its redemption. In counties
where no fee for making said deeds is provided by law, the collector shall be
entitled to receive from the purchaser three dollars for making such deed. No
charge must be made by the collector for the making of any such deed where
the state is the purchaser; and the acknowledgment of all of said deeds, as pro-
vided in section 3773, shall be taken by the county clerk, free of charge.
[Amendment, approved February 15, 1876; Amendments 1875-6, 62; took effect
from paitaafje.^"^

3786. lii^citals in deed primary evidence of what.

Sec. 3786. The matters recited in the certificate of sale must be recited in the
deed, and such deed, duly acknowledged or proved, is primary evidence that:

1. The property was assessed as required by law;

2. The property was equalized as required by law;

3. The taxes were levied in accordance with law;

4. The taxes were not paid;

5. At a i)roi)er tinie and place the property Avas sold as prescribed by law, and
by the ])roper ofl&cer;

6. Tlie i)n>p(rty was not redeemed;

lat The '.rlKliitil Bcctloii wan i\u; name an thr- amonfl- It wns previously ainentled bv act of March 24, 1874;

IM<iit in IIk' t< xt. Aiiii-iiilinciits lh7.t-4, \nl, so as to read as follows:

It wsM i.r«vl..tiKly aniondo.l l.y act of March 24, 1874; Sicc. :)7^-.. If the property is not redeemed within six

Aui'iiiliiKTiU lK7.(-4. 157. HO BH to URC the word "Bix" uionihs from the gale, the collector, or his successor in

lnKt«-»d of ■• tw< Ivp." ofBce, must make to the purchaser or his assij^'uce, a

{>,) Ih<- oriKlnal KPctlon did not have the clause deed of the prop rty, recltinj,' in the deed substantially

comnicuclug with tli<- wordil "reserving two and a the naatters contaiiied in the certificate, and that no

'"'^•" person redeemed tlic property during the time allowed

(-•) The oriKlnnl »ectlon wafc like the following by law for its redemption; provided, that in counties

amendment, .x.ept that it bad " tw.-lve " instead of where no fee in making siid deed is provided bv law,

'• Rlx." It did not have the words " or Lis succcHSor in the c(dlector shall hit entitled to receive from the pur-

offlce " nor the proviso. chaser three dollars lor making euch deed.

462

REVENUE. 378G-3790

7. The person "wlio executed the deed was the proper officer;

8. Where the real estate Avas sokl to pax taxes on personal property, tlmt the
real estate belonged to the person liable to pay the tax,

3787. What recitals are conclusive evidence.

Sec. 3787. 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.

3788. Deed conveys absolute title.

Sec 3788. The deed conveys to the grantee the absolute title to the lands Yl
described therein, free of all incumbrances, except when the land is owned by
the United States or this state, in which case it is prima facie evidence of the
right of possession. Deeds to the state, of_state lands sold for delinquent
taxes, shall be recorded by the recorders of the several counties, as prescribed
in section 3816 of this code, and a copj' of said deeds, duly certified by the
county recorder and acknowledged before the county clerk, shall without delay
be filed in the office of the surveyor-general, and thereupon the laud shall
again become subject to entry and sale, in the same manner and subject to the
same conditions as apply to other state lands of like character, except that the
former possessors of lands thus deeded to the state, their heirs or assigns, shall
be preferred purchasers thereof for three months after the deeds are filed with
the surveyor-general as prescribed in this section, but the surveyor-general
shall not permit an entry, nor make a sale of any lands thus deeded to the
state, except upon the previous payment into the state treasury, in addition to
the price of said land as compared with the price fixed for other state lands of
a like character, by the person or persons proposing to make the entry or pur-
chase, of a sum equal to the delinquent taxes, costs, and penalties, by virtue
whereof the state became a purchaser of the lands thus sought to be entered or
purchased. The money thus paid into the state treasury shall be distributed
in the manner prescribed in section 3816 of this code. [Amendment, approved
March 9, 1876; Amendments 1875-6, 63; took effect from passage.''^'

3789. Assessment hook, duplicate assessment book, delinquent list, prima facie

evidence.
Sec. 3789. The assessment book, duplicate assessment book, or delinquent
list, or a copy thereof certified by the county auditor, showing unpaid taxes
against any joerson or property, is prima facie evidence of the assessment, the
property assessed, the delinquency, the amount of taxes due and unpaid, and
that all the forms of law in relation to the assessment and levy of such taxes
have been complied with. [Ainendmenf, approved March 24, 1874; Amendments
1873-4, 149; took effect from passage.'^''

3790. Seizure and sale of personal property for taxes.

Sec. 3790. The tax collector may, after the first Monday in Februaiy in each
year, in each of the counties of this state, except in the city and county of San
Francisco, and may, after the first Monday in March in each year, in said city
and county of San Francisco, collect the taxes due on personal property,
except when real estate is liable therefor, by seizure and sale of any personal
property owned by the delinquent. [Ameyidment, approved Januanj 15, 1876;
Amendments ISl 5-6, 61; took effect from passage.''''''

{a) The original section consisted of the first sen- (c) The original section did not have the words "in

tence alone, with the exception that it had the word each of the counties ot this state, except lu the city

" primary " instead of " prima facie." and county of San Francisco, and may after the first

It was previously amended by act of March 30, 1874; Monday in March in each year lu said cti.v and county

Amendments 187a-4, 54, bo as merely to change the of San Francisco." The amendatory act also nmn-

Tvord " primary " into " prima facie." bered the section " 3704 ;" but such number seems 60

(b) The original section had the word " primary " plainly an error that the original numbering is re-

instead of " prima facie." tained with this explanation.

463

u^^

H^l

3791-3801 POLITICAL CODE.

3791. Manner of conducting sale, elc.

Sec. 3701. The sale must be at public auction, and of a sufficient amount of
the property to pay the taxes, percentage, and costs.

3792. Samr.

tJEC. 87i»'2. The sale must be made after one week's notice of the iime and
place thereof, given by publication in a newspaper in the county, or by posting
in three public places.

3793. Collrctor's charges for conducling sale and for seizure.

Sec. 3793. For seizing or selling personal jDroperty, the tax collector may
charge in each case the sum of three dollars, and the same mileage as is
allowed by law to the sheiiff of the county.

3794. Tide to such property vests in purchaser on payment, etc.

Sec. 3794. On payment of the price bid for any proj^erty sold, the delivery
thereof, with a bill of sale, vests the title thereto in the jjurchaser.

3795. Excess of p)roceeds over taxes and costs returned to owner, etc.

Sec. 3795. All excess over the taxes, per cent., and cost of the proceeds of
any such sale, must be returned to the owner of the property sold, and until
claimed must be deposited in the county treasury, subject to the order of the
owner, heirs, or assigns.

3796. Unsold portion to he left at p)lace of sale at risk of owner.

Sec 3796. The unsold portion of any j^roperty may be left at the place of
sale at the risk of the owner.

3797. Final settlement of collector with auditor.

Sec 3797. The tax collector must, annually, on the third Monday of March,
attend at the office of the auditor with the delinquent list, and the auditor
must then carefully compare the list with the assessments of persons and prop-
erty not marked "paid" on the assessment book, and when taxes have been
paid, must note the fact in the ai:)propriate column in the assessment book.

3798. Same.

Sec 3798. The auditor must then administer to the tax collector an oath, to
be >\Titten and subscribed in the delinquent list, that every person and all
property assessed in the delinquent list on which taxes have been paid has been
credited in the list with such payment.

3799. Same.

Sec 3799. The auditor must then foot up the amount of taxes remaining
unpaid, and credit the tax collector with the amount, and have a final settle-
ment witli him; and the delinquent list must remain on file in the auditor's
office. In the city and county of San Francisco the auditor must charge the
collector with the amount due on such list, and must return to such collector
the coi)y of the assessment book. {Amendment, approved April 3, 1876; Amend-
mcnls 1875-6, 58; took ej/'eclfrom passage. '•"'>
3E00. Collector to make certain affidavit.

Sec 3800. At the time mentioned in section 3797, the collector must make an
affidavit, indorsed on the list, that the taxes not marked "Paid" have not been
j)aid, and that he has not Ijcen able to discover any property belonging to, or
in possession of, the persons liable to pay the same whereof to collect them.

3201. [Skc 3801"" was rei.calod by act approved March 24, 1874; Amendments
1873-4, 150; to(jk eflect from passage.]

(n) Th<- original Ktctlon conslHttd of the first sen- must be filed by the imditor with the clerk of the board

tenc-e alone. of supcrviKors, itnd the boiird may canL-el all taxes

('<) Kf-ptab-d Bcctlnn: which in its opinion cannot be collected, and return

Bec. abOl. A hlateuicnt of the amount of unpaid taxes the statement to the auditor.

464

EEVENUE. 3802-3811

3802. [Sec. 3802'*> was repealed by act approved April 3, 187G; Amendments
1875-6, 58; took effect from passage.]

3803. Bate of interest on delinquent faxes.

Sec. 3803. Interest at the rate of two per cent, per month must be collected
on such delinquent taxes from the time they were first delinquent until paid.

3804. Taxes, etc., illegally collected to be refunded. ^^ ^
Sec. 3804. Any taxes, per centum and costs erroneously or illegally collected, /

may by the order of the board of supervisors, be refunded by the county
treasurer.

3805. When land assessed more than once.

Sec. 3805. When the collector discovers that any propei'ty has been assessed
more than once for the same 3'ear, he must collect onl}' the tax justly due, and
make return of the facts under affidavit to the county auditor,

3806. Land irregularly assessed, etc. , not to be sold.

Sec. 3806. If the collector discovei's before the sale that on account of irreg-
ular assessment, or of any other error, any land ought not to be sold, he must
not offer the same for sale; and the board of supervisors must cause the assessor
to enter the uncollected taxes upon the assessment book of the next succeeding
year, to be collected as other taxes entei-ed thereon.

3807. What viistakes do not affect sale of j)roperty for taxes.

Sec. 3807. When land is sold for taxes correctly imposed as the property of a
particular person, no misnomer of the owner, or supjDosed owner, or other mis-
take relating to the ownership) thereof, affects the sale, or renders it void or
voidable,

3808. Collection of taxes from joersons removed to another county.

Sec. 3808. If any person removes from one county to another, after being
assessed on personal proj^erty, the collector of the county in which he was
assessed may employ an attorney to sue for and collect the same in the asses-
sor's name.

3809. Same.

Sec. 3809. On the trial a certified copy of the assessment, signed by the aud-
itor of the county where the same was made, with the affidavit of the collector
thereto attached, that the tax has not been paid, describing it as on the assess-
ment book or delinquent list, is primary evidence that such tax and the i^er
centum is due, and entitles him to judgment, unless the defendant proves that
the tax was paid.

3810. Expenses of such proceeding, how jMid.

Sec. 3810. The treasurer and auditor must allow the expenses of collecting
such tax, and permit a deduction thereof from the amount collected, if they do
not exceed one third of the amount of the tax collected.

3811. Validity of sale— Protest.

Sec. 3811. Whenever property is advertised for sale for the non-payment of
delinquent taxes, and the assessment is valid in part and void for the excess,
the sale shall not for that cause be deemed invalid, nor any grant subsequently
made thereunder be held to be insufficient to pass a title to the grantee, unless
the owner of the jn-operty, or his agent, shall, not less than six days before the
time at which the property is advertised to be sold, deliver to the tax collector
a protest, in writing, signed by the respective owner or agent, specifying the
portion of the tax which he claims to be invalid, and the grounds upon which
such claim is based. [Neio section, approved March 24, 1874; Amendments 1873-4,
150; took effect from passage.

(a) Repealed section: the auditor on the asBCBsment book of each succeeding

Sec. 3802. All taxes not canceled must be entered by year, until paid.

30 465

3812-3816 POLITICAL CODE.

3812. DuUj of tax coUector-on receiving protest.

Sec. 3812. In case any owner of propert}', advertised to be sold for delinquent
taxes, shall, at least six days before the time advertised for the sale to take
l^lace' deliver to the tax collector his protest in writing- against such sale, signed
bv himself or his agent, claiming that the assessment is void in whole or in
part— and if in part only, for what portion, and in either case specifying the
grounds upon which such claim is founded— it shall be the duty of the tax
collector, either:

1. To sell the property assessed for the whole amount appearing upon the
duplicate assessmeut book; or,

2. AVithdraw the property from sale, and report the case to the state board
of equalization for its direction in the premises; and in such case the board of
equalization may either direct the foreclosure of the lien of such tax by action,
which proceeding is hereby authorized to be had, or direct the collector to pro-
ceed with the sale. [New section, approved March 2-4, 1874; Amendments, 1873-4,
150; touk effect from passage. •

3813. Assessment and sale of property purchased hy state.

Six-. 3813. In case property assessed for taxes is purchased by the state, pur-
suant to the provisions of section 3773 of this code, it shall be assessed the next
vear for taxes in the same manner as if it had not been so purchased. But it
shall not be exposed for sale; and the sale thereof, under such assessment, shall
be adjourned until the time of redemption, under the previous sale, shall have
expired. [New section, approved March 24, 1874; Amendments 1873-4, 150; took
effect from passage.

3814. No sale unless directed by board of equalization.

Sec. 3814. In case an assessment is made under the provisions of section 3813
of this code, and the lands are not redeemed from a previous sale had under
section 3773, as provided by law, no sale shall be had under the assessment
authorized by said section 3813, unless directed by the state board of equaliza-
tion. [Xew section, approved March 24, 1874; Amendments 1873-4, 150; took
effect from passage.

3815. Ih'demption of propjerty sold to state.

Sec. 3815. In case property is sold to the state as purchaser, pursuant to
section 3773 of this code, and is subsequently assessed pursuant to section
3810 of this code, no person shall be permitted to redeem from such sale,
except upon payment also of the amount of such subsequent assessment, cost,
fees, and interest. [New section, approved March 24, 1874; Amendments 1873-4,
150; look el/ect from passage.

3816. .Moneys received, how distributed.

•(xiT Skc 3S10. ^Vhonover pro[)erty sold to the state, pursuant to the provisions
u M<j of this chapter, shall be redeemed, as herein j^rovided, the moneys received on
account of such redemption shall be distributed between the state treasurer and
the county treasurer, and to the respective funds, in the same manner as if the
sunic had been paid in the first instance to the tax collector. The county treas-
urer hIiuH keep an account of such taxes so represented by such sales, and shall,
on the first Monday of March in each year, make a detailed report of each
account, year for year, to the state treasurer. Whenever the state shall receive
from the tax collector any grant of property so sold for taxes, the same shall
be recordeil, at the retjuest of the county treasiirer, free of charge by the
county recorder, and shall be immediately reported by the county treasurer to
the board of equalization. [Aefo section, approved 3Iarch 24, 1874; Amendments
1873-4, 150; took effect from j>assage.

4GG

^^/9

REVENUE. 3820-381^.9

CHAPTER VIII.

COLLECTION OF TAXES BY THE ASSESSOR ON CERTAIN PERSONAL PROPERTY.

3820. W]ie)x taxes on personal properly invst be collected by assessor.

Sec. 3820. The assessor must collect the taxes on all jiersoiial lu'operty wlien,
in liis opinion, said taxes are not a lien upon real pro])erty sufficient to secure
the jDayment of the taxes; provided, that in the city and county of San Fran-
cisco the tax collector shall collect such taxes at any time after the assessment.
[Amendment, approved 2Iarch 24, 1874; Amendments 1873-4, 152; took effect from
passage. .'■"^

3S21. Assessor may collect such taxes by seizure and sale.

Sec. 3821. In the case provided for in the i^receding section at the time of
making the assessment, or at any time before the first Mondaj^ of July, the
assessor may collect the taxes by seizure and sale of any personal property
owned by the person against whom the tax is assessed.

3822. Mode of conducting such seizure and sale.

Sec. 3822. The provisions of sections 3791, 3792, 3793, 3794, 3795, and 3796
apply to such seizure and sale.

3823. Amounts to be collected, hoiv determined.

Sec. 3823. The assessor and collector are governed, as to the amount of taxes
to be by him collected on personal property, by the state and county rate of
the previous year. [Aviendmenf, approved March 24, 1874; Amendments 1873-4,
152; took effect from passage.'-^''

3824. When excess of rate has been charged, such excess to be returned.

Sec. 3824. When the rate is fixed for the year in which such collection is
made, then if a sum in excess of the rate has been collected, the excess must be
repaid to the person from whom the collection was made, or to his assignee.

3825. When less than the rate has been charged, etc.

Sec. 3825. If a sum less than the rate fixed has been collected, the deficiency
must be collected as other taxes on personal property are collected.

3826. Monthly settlement of assessor with auditor.

Sec 3826. The assessor, on the first Mondaj^ of each month, must make a
settlement with the aviditor, and must pay into the county treasury all moneys
collected by him for such taxes during the preceding month, less the compen-
sation allowed him for making such collection.

£827. Auditor to note in assessment book amount of taxes paid.

Sec. 3827. The auditor must, as soon as the " assessment book " for the year
comes into his hands, note opposite the names of each person from whom taxes
have been collected the amount thereof.

3828. Auditor to note excesses or deficiencies in taxes paid.

Sec. 3828. As soon as the rate of taxation for the year is fixed, the auditor
must note, in connection with the entry made under the provisions of the pre-
ceding section, the amount of the excess or deficiency.

3829. Compensation of assessor for collecting.

Sec. 3829. For services rendered in the collection of taxes, the assessor shall
receive one per cent, on the amount by him collected; provided, that all fees
or commissions collected under this or any other act by the salaried officers in

(a) Original section: ('') The original section instead of "and collector

Sec. 3S.;0. The assessor must collect the taxes on are "had the word "is," and instead of " personal" it

movable personal property when such taxes are not a had the word " movable."

lien upon real property.

467

3829-3841 POLITICAL CODE.

and for the city and county of San Francisco, shall be by said officers paid into
the county treasury for the use of said city and county. [Amendment, ap-
proved March 24, 1874; Amendments 1873-4, 153; took effect from passage}"''

3830. Present incumbents to collect.

Sec. 3830. In every county in this state where any officer other than the
asses.sor is charged with the collection of taxes upon personal property not a
lieu upon real property, such officer must, until after the expiration of the
term of the present incumbent, discharge the duties cast upon the assessor under
the provisions of this chapter, [Neio section, approved March 27, 1872; 1871-2,
58G; tooL- c(f'ectfrom passage.

CHAPTER IX.

POLL TAXES.

3839. Persons liable to poll fax.

Stc. 3839. Every male inhabitant of this state, over twenty-one and under
sixty years of age, must annually pay a poll tax of two dollars; provided, the
same be paid between the first Monday in March and the first Monday in July;
but if not i)aid prior to the first Monday in July, then it shall be three dollars.
[Amendment, approved March 30, 1874; Amendments 1873-4, IGl; took effect
immediately.''^^

An .\ct to exempt firemen in Nevada, Placer, El Dorado, Alameda, aud Siskiyou counties

from the paj'ment of poll tax.

Approved March 27, 1874; 1873-4, 731.

[This act, which provided for the exemption of active members of unpaid fire
companies, organized in pursuance of the ordinances of the incorporated cities,
towns, and villages of Nevada, Placer, El Dorado, Alameda, Santa Clara,
Solano, Sonoma, and Siskiyou counties, was repealed by act approved March
15, 187G; 1875-G, 287; took effect from passage.}

.\n Act to authorize the board of su])ervisors of Santa Clara county to exempt firemen from
the payment of poll taxes for county purposes.

Approved March 30, 1874; 1873-4, 825.

Firemen in Santa Clara county.

Skction 1. The board of supervisors of the county of Santa Clara are hereby
authoiized to i)ass an order relieving all active firemen in said county from
payment of any aud all poll taxes for county purposes.

Si.c. 2. This act shall take effect from and after its jmssage.

3840. Poll lax to be collected, ivhen.

Sec. 3840. Poll tax must be collected by the assessors between the first Mon-
day in March and the second Monday in January of the ensuing year. [Amend-
ment, ujiproved March 30, 1874; Amendments 1873-4, IGl; took effect imme-
dial'ly."'

3841. Coiaitij treasurer to have blank poll tax receipts printed.

Skc. 384L The county treasurer must, before the first Monday of March and
tlio first Monday in July of each year, cause to be printed, respectively, of two
and three dollars Idank poll tax receijits, a sufficient number for the use of the
assessor. [Amendment, apjjroved March 30, 1874; Amendments 1873-4, 161;
look effect immediately."^^

(a) OriKlnaUortlon: (r) The oriRlnal section after the words " between

Hr.r. -.itsTJ. Por K(T\iec8 rc-ndcrod In thf^ collection of the " proceeded uk follows: " sccoiid Monday in Janu-

dcliiiqueiit taxes the aswHUor iiiUHt receive the same uo' and the second Monday of October in each year."

coiriiieriHdtloii as Is allowed by law U> the tax collector (</) Original section:

for Hlinilar H<rvlc.-s. , , . Sec. 3841. The coiuity treasurer must, before the sec-

{hl The original section had the words "(not ex- ond Monday in January of each year, cause to be

empt by law) " after '• age," and did not have the pro- printed of blank poll tiix receii)tB a number suificient

^'i^o. for the use of the usseiisor.

4G8

EEVENUE. 3842-3850

3842. Style of blank to be changed each year.

Sec. 3842. The style of such blanks must be changed every year.

3843. Treasurers, duty in relation to poll tax blanks and Yeceipl.

Sec. 3843. The treasurer must, before the first Monday' in March of each
year :

1. Number and sign the two-dollar blanks, and before the first Monday in
July, number and sign the three-dollar blanks.

2. At the time of signing, make an entry of the whole number thereof, and
of the first and last number placed thereon, in a book by him kept for that
purpose.

3. Deliver all such blanks to the auditor, and charge him therewith. [Amend-
ment, approved Ilarch 30, 1874 ; Amendments 1873-4, IGl ; took effect imme-
diately ^'^^

3844. Auditor to sign blank receipts and make entry of number signed.

Sec. 3844. The, auditor upon the receipt thereof must sign the same, and
make in a book to be kept by him for that purpose a similar entry to that pre-
scribed in subdivision 2 of the preceding section.

3845. Blanks to be delivered to assessor.

Sec. 3845. He must, at any time after the first Monday in March and the first
Monday in July, upon demand, deliver to the assessor, in their order, the two
and three dollar blanks, and charge him therewith. [Amendmeid, approved March
30, 1874; Amendm^ents 1873-4, 162; took effect immediately}"^

3846. Poll tax may be collected by seizure, etc., of personal j:>roperty.

Sec 3846. The assessor must demand payment of poll tax of eveiy person
liable therefor, and on the neglect or refusal of such person to pay the same,
he must collect by seizure and sale of any personal property owned by such
person. [Amendment, approved March 30, 1874; Amendments 1873-4, 162; took
effect immediately .'-"'>

3847. Seizure and sale, how conducted.

Sec 3847. The sale may be made after three hours' verbal notice of time and
place, and the provisions of sections 3791, 3793, 3794, 3795 and 3796 apply to
such seizure and sale. [Amendment, ^approved March 30, 1874; Amendments
1873-4, 162; look effect immediately. ^"^^

3848. Debtors of persons owing poll tax to pay poll tax for such persons.

Sec 3848. Every person indebted to one who neglects or refuses^ after
demand, to pay a poll tax, becomes liable therefor, and must pay the same for
such other person after service upon him by the collector of a notice in writing,
stating the name of such person.

3849. Who are debtors under the preceding section.

Sec 3849. Every officer authorized to draw the warrants for or to pay the
salary or fees of any officer is the debtor of such officer within the meaning of
the preceding section.

3850. Debtor may charge his creditor for such poll tax paid.

Sec 3850. Every person paying the poll tax of another may deduct the same
from any indebtedness to such other person.

(a) The original section did not have the words "At ( c) Origina^ section: ^^^^

the time of signing" in the second subdivision. The Sec. 3t(4b ihe ''JsesBor may ^"i'^", / j „f ^uy

first clause and the first subdivision were as follows: any person liabe "'^^^f.^^^J^^.'iJ'''/^..^"'^ ^"'^ "''^

Sec. 3843. The treasurer must, before the second personal property o«ued bj such perton.

Monday in January of each year: W "^^f^^'IpheVrovislons of sections 3791. 3792.3793,

6) OnSrsectkmr 3794 ^795, and 379G, apply to such seizure and sale.

Sec. 384.5. He must at anytime after the second Mon-
day in January, upon demand, deliver such blanks to
the county assessor and charge him therewith.

469

3851-3859 POLITICAL CODE.

3851. Il'veipt for poll tax delivered to purchaser of property sold for such tax.
Sec. 3851. The assessor must deliver the poll tax receipt, filled out with the

name of the person owing the taxes, to the purchaser of property at any such
sale; in other cases he must deliver it, tilled out in like manner, to the person
paying the tax.

3852. lieceijit only evidence of payment.

Sec. 3852. The receipt so delivered is the only evidence of payment.

3853. Monthly settlevient of aasessor with auditor for poll taxes.

Sec. 3853. On the first Monday in each month the assessor must make oath,
before the auditor, of the total amount of poll taxes collected by him during the
last preceding month, and must, at the same time, settle Avith the auditor for
the same, and pay into the county treasurer's office the total amount of poll
taxes collected, less the per centum allowed for fees.

3854. A.-'.<ess(»:-' , i-eturn of receipts to auditor and yearly settlement.

Sec. 3854. On the fir.st Monda}' in July the assessor must return to the aud-
itor all two-dollar blank poll-tax receij^ts received by him and not used, and pay
to the treasurer the total amount collected and not before paid in, less the amount
of his fees, and the auditor must deliver to him the three-dollar receipts; and on
the .second ^londay in Januaiy of each year he must return to the auditor all
the three-dolliu- poll-tax receipts received by him and not used, and must make
final settlement with the auditor and treasurer therefor. [Amendment, approved
March 30, 1874:; Amendments 1873^, 163; took effect immediately.'^^''

3855. Auditor to return receipts not used to the treasurer.

Sec. 3855. The auditor must, as soon as the settlement is made, return to the
treasurer the receijits not used.

3856. Treasurer to credit auditor with such receipts.

Sec. 385G. The treasurer must credit the auditor with the receipts so returned,
and must thereujjon seal them up securely and dei)0sit and keep them in his
office.

3857. Assessors to keep roll of persons liable for poll tax.'

Sec. 3857. The assessor must keej:) a roll of the names and local residence or
T place of business of all persons subject to or liable for poll tax, and if paid,
date and amount of each payment, and if not paid, cause of non-payment; i>ro-
vided, that no person shall be returned as delinquent on such roll unless a i)er-
soual demand has been made upon him. [Amendment, approved March 30, 1874;
Amriidinnits 1873-4, 1G3; tooL effect immediately.'^^''

3858. Such roll to be rcjumed to auditor.

Sec. 3858. On the second Monday in January of each year the assessor must
deliver to the auditor the roll so made up, and the auditor must add to the
total i»o]l tax deliiKpient on such roll thirty -three and one third per centum
additional, and without delay deliver such hst to the tax collector, and charge
tiie collector therewith. [Amendment, approved March 30, 1874; Amendments
1873-4, 1G3; ti,olc effect immediately.'"''

S859. ISkc. 3851)"" was rei)raled by act approved March 30, 1874; Amend-
ments 1873-4, 1G4; took eflect immediately.]

('II OriKlimlwctloii: (j) Original hc.tim:

hKC .tKM. On th.- wrofxl Mondiiy In OrtoWr tho 8ko. asr.H. On the Kccond Monday in Ottober in each

•JMMMK.r jiiuKt r. turn U, tlir ■n.lit<.r nil i.oll t..x r-.-cipts y<ar the officer muBt return to the auditor the roll 80

.'...IN.. I ).v htm and not iiM'd:Bnd maki- lliinl licttlo- mnde up.

II.. «udll-,r thipfor. and j.ay to th.- tr<BB- (di Uepenled gwtion:

I .1 aiffiiiiit .oll.M-ted aiid not iM-fr.re paid In, Sec. 38.V.1. If any person aBflessed for a property tax

I ""' "' ''"■''■<■•'• liaa not pnid to the aKKCKKOr the poll tax due IroTii him

' or for whiih he in llHble, tlie auditor niuKt note tho

/' - rniu«t keepan.ll of the naineg fart upon the aBBCBBiutnt roll before he deliveri. it to

•J' " . • t.. or liable for poll Ux, and the the collector.

aat4: aiid aiiiouiit u( each jiajineDt.

470

REVENUE. 3800- 38GG

3860. Poll tax to be a lien on property, u-hen.

Sec. 38G0. If any person, assessetl for a property tax, has not paid to tlie
assessor the poll tax due from him, or for wliich he is liaLle, it, with thirty-
three and one thii-d per cent, in addition thereto, constitutes a lien upon tlie
property assessed, to such person, to attach from the first Monday in INIarcli in
each year, and must be collected in the same njanner and at the kuiuc time
as delinquent taxes are collected. [Amenchnenl, approved March 30, 1874;
Amendments 1873-4, 1G4; took effect immediately.''^''

3861. Proceeds of poll tax, to xchat funds paid. / z'
Sec. 38G1. The proceeds of the poll ta.x must be paid into [\\o sdux.l fund i.f

the county. { ^f^ CUM-Uy^^ K^»M^ ^- ■

An Act to provide for the disposition of the iiroceeds of jjoll taxes in the couutj- of El Dorudo.
Approved March 30, 1874; 1873-4, 041.

Poll taxes in El Dorado county.

Section 1. All proceeds of poll taxes received into the county treasury of
El Dorado county, must be placed to the credit of the school fimd of said
county.

Sec. 2. This act shall take effect from and after its j^assage.

3862. Compensation allowed to assessor for collecting such tax.
Sec. 38G2. The assessor, for services rendered in the collection of poll taxes,

shall receive the sum of fifteen (15) j^er cent., and the collector, for services'
rendered in the collection of poll taxes on the delinquent list (including the '
publication), shall receive the sum of twenty-five per cent, on all delinquent
poll tax collected b}' him; provided, that in the city and county of San Fran-
cisco, all moneys collected under the joro visions of this act, by the tax collector,
shall be paid into the public treasury, and belong thereto, as other public funds.
[Ameiidment, appi'oved 2Iarch 30, 1874; Amendments 1873-4, 1G4; took effect im-
med lately. '-^^

CHAPTER X.

SETTLEMENTS WITH THE CONTROLLEE AND PAYMENTS INTO THE STATE TEEASURY.

3865. County treasurers to settle loith controller upon his order.

Sec. 3865. The treasurers of the resjiective counties must at any time, upon
the order of the controller and treasurer of state, settle with the controller, and
pay over to the treasurer all moneys in their possession belonging to the state.

3866. Time when certain treasurers shall make settlement. ^ ^,
Sec 3866. The treasurers of the counties of Amador, Alameda, Contra Costa, / '^

Calaveras, El Dorado, Nevada, Placer, Sierra, Solano, Yolo, San Francisco, ^/ -
Sacramento, San Joaquin, Santa Clara, Tuolumne, and Yuba, resj^ectively, /7 '
must, between the lifteenth and thirtieth days of January, April, July, and
October of each year, and the county treasurers of the counties of Hundjoldt,
Del Norte, and Modoc must, between the fifteenth and thirtieth days of
October and Aj)ril in each year, and the county treasurers of other counties of
this state must, between the fifteenth and thirtieth days of Januaiy and June,
respectively, in each year, proceed to the state capitol and settle in full with
the controller of state, and pay over, in cash, to the treasurer of state, all funds

(a) Original section: (6) Original section: , . ^

Sec. 3860. The amount of the poU tax. with fifty per Sec. 38e-.>. The assessor, for scr%-ices rendered in the

cent, in addition thereto, constitutet; from the second collection of poll taxes, must receive the same conipen-

Monday in October a lien upon the property assessed sation as is allowed by law to tax collectors or aseessors

to such per.-on, and must be collected in the same for similar purposes,
manner and at the same time as taxes upon his prop-
erty are collected,

471

38GG-3874 POLITICAL CODE.

which hixve come iuto their hands as county treasurers before the close of busi-
ness at the end of the previous month. If sufficient j^ropei-ty tax has not been
reported by the auditor to pay all charges and commissions allowed by law, the
controller shall defer the settlement until the next regular settlement. No
mileage shall be allowed any treasurer for any deferred settlement. [Amend-
ment, appi-oved March 30, 18TG; Amendmenis 1875-G, G4:; took ejj'ect sixtieth day
after passage.^*^

3867. Trea.ni7-e7-s neglecting to settle; penalty.

Stc. 38G7. Every county treasurer who neglects or refuses to appear at the
office of the controller and treasurer at the times specified in this chapter, and
then and there to settle and make payment as required by this chapter, forfeits
all fees, percentage, and mileage which would have otherwise been due him on
such settlement; and the controller is required to withhold all such fees, per-
centage, and mileage, and require the same to be paid into the treasury for the
use and benefit of the state.

3868. Settlement of county auditors loitli controller.

Sec. 38G8. The auditor of each county, between the first and fifteenth day of
each month in which the treasurer of his county is required to settle with the
controller, must make in duplicate and verify by his affidavit a rejDortto the con-
troller of state, showing specifically the amount dup the state from each partic-
ular source of revenue at the close of business on the last day of the preceding
mouth.

3869. Auditor to transmit report to controller by mail.

Skc. 38G9. The auditor must at once transmit by mail or express to the controller
one copy of the report, and must deliver the other copy to the treasurer of his
county.

3870. Failure of auditor to make report; penalty.

Sec. 3870. Ever}- auditor who fails to make and transmit the report required
by this chapter, or any report or statement required by this title, forfeits all com-
pensation Avhich would be otherwise due him from the state; and the controller
is required to withhold such compensation.

3871. Controller to deduct fees and mileage, etc., on settlement.

Sec 3871. In the settlement the controller must deduct the commissions and
mileage allowed to the county treasurer for his services, the state's portion of
the repayments made under section 3824:, and any other amount due the county
or the officers thereof.

3872. Manner of making payments into state treasury.

Skc. 3872. The manner of making payments into the state treasury is pre-
scribed by sections 433, 434, 452, and 453 of this code.

3873. C'ndrolh'r'x statement to contain what.

Si-c. 3873. The controller must, after the treasurer has made settlement and
payment, enter upon each copy of the auditor's report a statement showing:

1. The amount of money by the county treasurer paid into the state treasury;

2. The amount deducted for commissions and other allowances;

— And must then return one copy of the report to the county treasurer.

3874. f'oiinly treasurer to fie controller's statement with auditor.

Sj;< . .'{874. The county treasurer must file with the auditor of his county the
copy returned to him by the (;oiitroller.

(<j) TTn- oriKlnal wcUnn had th<- word •' .Tuly " Instead It was previoufily amended by act of March 30, 1874:

of •■•June." It dJd not have th«! laht two sentenres Anu-nrlnicntslHTH-i, lor,, bvinsortinR the word "June"'

commencing with the wordu, "if Bufflcient iiroperty liiKt.ud of •' July " in hotirplaciK where that word oo

*■*• curB, uud by addiug the last two Beutences.

472

KEVENUE. 3875-3884

3875. Auditor to make certain entries.

Sec. 3875. The auditor must then make the proper entries in his account with
the treasurer.

3876. Bate of mileage allowed treasurer.

Sec. 3876. The controller must, in the settlement, allow the treasurer for
mileage at the rate of forty cents per mile from the county seat to the capital,
such mileage not to exceed at any settlement one hundred dollars.

3877. Controller may examine hookn of any revenue officer.

Sec. 3877. The controller may examine the books of any officer charged with
the collection and receipt of state taxes.

3878. When revenue officer guilty of defrauding , district attoT^iey to prosecute.
Sec. 3878. If he believes any officer has been guilty of defrauding the state

of revenue, or has neglected or refused to perform any duty relating to the
revenue, he must direct the district attorney or other counsel to prosecute the
delinquent.

3879. Controller may designate county in wliich action to he tried.

Sec. 3879. When any law in relation to the revenue of the state has been so
far violated as to require the prosecution of the offender for a criminal offense,
or proceedings against him by civil action, the controller may designate the
county in which the prosecution or proceeding may be had.

3880. Other counsel may be employed.

Sec. 3880. The controller or attorney-general may employ other counsel than
the district attorney, and the expenses must be audited by the board of exam-
iners and be paid out of the state treasury.

CHAPTEE XI.

MISCELLANEOUS PROVISIONS.

3881. Omissions, errors and defects inform of assessment book, how corrected.
Sec. 3881. Omissions, eiTors, or defects in form in any original or duplicate

assessment book, when it can be ascertained therefrom what was intended,
may, with the written consent of the district attorney, be supplied or corrected
by the assessor at any time prior to the sale for delinquent taxes and after the
original assessment was made. In the city and county of San Francisco, the
written consent of the city and county attorney shall have the same force and
effect as the written consent of the district attorney. [Amendment, approved
Aprils, 1876; Amendments 1875-6, 58; took efect from passage.^"''

3882. Omissions, etc., in delinquent lists, how corrected.

Sec. 3882. When the omission, error, or defect has been carried into a
delinquent list or any publication, the list or publication may be republished
as amended, or notice of the correction may be given in a supplementary
publication.

3883. Publication of corrected delinquent lists, etc.

Sec. 3883. The publication must be made in the same manner as the original
publication, and for not less than one week.

3884. Initial letters, abbreviations, and figures.

Sec. 3884. In the assessment of land, advertisement, and sale thereof for taxes,
initial letters, abbreviations, and figures may be used to designate the township,
range, section, or parts of section.

(a) Original section- the consent of the district attorney, be supplied orcor-

Sec. 38S1. OmissioDR, errors, or defect in form in any rected by the assessor at any time within one year after

original or duplicate assessment book, when it can be the original assessment was made.

ascertained therefrom what was intended, may, with

473

38S5-3S94 POLITICAL CODE.

3885. -V" assessment illegal on account of informaliiy, etc.

Sec. 3885. No assessment or act relating- to assessment or collection of taxes
is illegal on account of informality, nor because the same was not completed
within the time required by law.

3886. Fines, forfeitures, penalties, etc., paid into county treasury.

Sec. 388G. The lines, forfeitures, and penalties incurred by a violation of any
of the provisions of this title must be paid into the treasury for the use of the
county where the person against whom the recovery is had resides.

3887. Mortgaged or pledged personal pjvoperty deemed property of person in

possession.
Sec.',3887. Personal property, mortgaged or pledged, is deemed the propei-i^
of the person in possession, and the mortgagor or lessor of real estate ia liable
for the taxes thereon. \

3888. Taxes payable only in gold or silver coin — Exception.

Sec. 3888. Taxes must be paid in legal coin of the United States. A tax levied
for a sj)ecial purpose may be paid in such funds as may be directed.

3889. Annual settlements of assessors, district attorneys, and treasurers u-ith auditor.
Sec. 3889. Every assessor, district attorney, and county treasurer must,

annually, on the first Monday of January, make a settlement with the county
auditor of all transactions connected with the revenue for the previous year.

3890. ' {ficers to perform only duties piertaining to their own office.

Sec. 381)0. The treasurer, tax collector, assessor, clerk of the board of super-
visors, and each member of the board, must separate!}' perform the duties
required of him in his office, and must not, except in the cases provided by
law, jjerform the duties required of any other officer under this title.'

3891. When tlm title takes effect.

Sec. 3891. With relation to the acts passed at the present session of the legis-
lature, the provisions of this title must, after this title takes effect, be construed
as though this code had been passed and approved on the last day of the pres-
ent session. But the provisions of this section do not apply to any act expressly
amendatory of either of the codes, or putting into efi'ect any part of either;
nor to an act approved Max'ch sixteenth, eighteen hundred and seventj'-two,
entitled An Act to put into immediate effect certain parts of the Political and
Penal Codes; nor to an act approved March twenty-second, eighteen hundred
and seventy-two, entitled An Act to put into effect certain parts of the codes and
provide for their publication.
3392. Sai-iiig clause.

Skc. 38!)2. All taxes assessed l)efore this code takes effect must be collected
under the laws in force at the time the assessment was made, and in the same
manner as if tliis code had not been passed.
3893. Compensation <f assessor and auditor for extra services.

Sec. 3893. The l)oard of supervisors of each county must make to the assessor
and auditor thereof a reasonable allowance, not to exceed eight cents per folio,
for making the statements required by sections 3055 and 3728, and for making
the duplicate assessment book mentioned in section 3732 of the Political Code.
8894. Deputies fjr aaseisiiors.

Sec. 3894. The board of supervisors of each county in this state must allow
the asHessor thereof such a number of deputies, to be appointed by him in addi-
tion Ui tlie number now fixed, or where no deputies are now allowed, so many
dejjuties as will, in the judgment of the board, enable the assessor to comjjlete
the assessment within the time j^rescribed by law.

[As to deputy assessors appointed in Siskiyou, Calaveras, Amador or Alpine

474

REVENUE. 3894-3899

count}' under authority of the above section, see act of March IG, 1874, given
ante, 3704.]

3895. Compensation of deputies.

Sec. 3895. The board must fix the compensation of the deputies so allowed;
and such compensation must be paid out of the general fund in the county
treasury. The compensation must not exceed five dollars per day for each
deput}' for the time actually engaged; nor must any allowance be made but for
work done between the first Monday in March and the first Monday in July of
each 3-ear.

[The above sections, 3894 and 3895, were made apjolicable to Humboldt
county by special act of March 28, 187G; 1875-G, 511; to take effect the first
Monday in March, 1877.]

3896. Slate board may dispense with duplicate book.

Sec 389G. The state board of equalization may, by an order entered upon
its minutes, and certified to the county auditor of any county in the state, dis-
pense with the duj)licate assessment book in such county, in which event the
original assessment book shall perform all the offices of such duplicate, and
shall have like force and effect.

3897. Action to recover lyroperty bought by state.

Sec. 3897. Whenever the state shall become the purchaser of property sold for
taxes, and shall receive a grant of the same, the state board of equalization may
direct the district attorney of the county, or the attorney-general, to bring an
action to recover possession of the same. In case of judgment for the recovery
of the same, or of any part thereof, the board of equalization may order the
property so recovered to be sold b}' the county treasurer, under s\ich regulations
and on such terms as they may prescribe, and a grant from the people of the
state, executed by the coanty treasurer to the purchaser, reciting the facts
necessary to authorize such sale and conveyance, shall convey all the interest
of the state in such property, and be prima facie evidence of such facts. But
no bid shall be received at such sale for less than twice the amount of all the
taxes levied upon such property, and of all interest, cost, and expenses, up to
the date of such sale. [Neio section, approved 3Iarch 24, 1874; Amendments
1873-4, 153; took effect from jMssage.

3898. Proceeds of sale, where paid.

Sec. 3898. In case sales are made under the provisions of the next jireceding
section, the proceeds of such sale shall be j^aid into the county treasury. The
treasurer shall retain and distiibute to the respective funds the portion belong-
ing to the county, and shall pay the balance to the state treasurer, who must
place it in the general fund. The attorney and counsel fees, costs, and expenses
of the litigation for the recovery of the property, and of sales by the same,
when audited by the board of examiners, must be paid out of the general fund;
provided that the allowance in any one case shall not exceed the amount of said
balance in such case. [New section, approved 31arch 24, 1874; Amendments
1873-4, 153; took effect from passage.

3899. Collection of taxes by action, when.

Sec. 3899. The controller may, at any tune after a delinquent list has been
delivered to a collector, direct such collector not to proceed in the collection
of any tax on said list amounting to three hundred dollars, further than to offer
for sale but once any property upon which such tax is a lien. Upon such di-
rection, the collector, after offering the property for sale once, and there being
no purchaser in good faith, must make out and deliver to the controller a cer-
tified copy of the entries upon the delinquent list relative to such tax; and the
tax collector, or the controller, in case the tax collector refuses or neglects for

475

3899-3900 POLITICAL CODE.

fifteen days after being directed to bring suit for collection by the controller,
may j^roceed, by civil action in the proper court, and in the name of the people
of the State of California, to collect such tax and costs. [Neiv section, approved
March 24., 1874; Amendments 1%1Z-^, 153; took e feet from passage.

3900. Complaint in action for taxes.

Sec. 3900. In such action, a complaint in the following form is sufficient :

(Title of court.)

The People of the State of California
vs.
(Naming the defendant.)

Plaintiff avers that the defendant is indebted to plaintiff in the sum of $ ,

state and county taxes for the fiscal year 18 — , with five per cent, added for the
nou-jjayment of such taxes, and dollars, costs of collection, to date. Plaint-
iff demands judgment for said several sums, and prays that an attachment may
issue in form as prescribed in section five hundred and forty of the Code of
Civil Procedure.

(Signed by the tax collector, or controller, or his attorney.)

On the filing of such complaint, the clerk must issue the writ of attachment
prayed for, and such proceedings shall be had thereunder as under writs of at-
tachment issued in civil actions. If, in such action, the plaintiff recover judg-
ment, there shall be included in such judgment an attorney's fee of ten per
cent, on the amount of the tax. In such action, the certified copy mentioned
in the preceding section, made by the collector and delivered to the controller,
is prima facie evidence that the person against whose property the tax was
levied is indebted to the people of the State of California in the amount of such
tax. In case of payment of any such taxes after suit as above mentioned shall
have been commenced, or after the recovery of judgment therefor, such pay-
ment must be made to the county treasui-er of the county in which such taxes
are due, whereupon the treasurer, after distributing to the several funds of
the county the portions belonging to it, and paying to the controller or his at-
torney the portion received as attorney's fees, and other costs, must pay the
remainder to the state treasurer at the times and in the manner px'escribed
by law for the jjayment of other state taxes. [New section, approved March
24, 1874; Amendments 1873-4, 153; look effect from passage.

[The amendatoiy act of March 24, 1874 (Amendments 1873-4, 143), from
wliich tlic foregoing amendments of Sees. 3630, 3032, 3G51, 3693, 3696, 3730,
3732, 3773, 3789; the repeal of 3801; the added sections 3811, 3812, 3813, 3814,
3815, 3816; amendments to 3820, 3823, 3829; the added sections 3897, 3898,
3899, 3900 1_ amendments to 3737; added section 3738; and amendments to 3780,
3781 and 378.j, were taken, had a separate section, referring specially to that
act, as follows:]

Sec. 16. The state board of examiners are hereby directed to have five hun-
dred copies of this act printed in pamphlet form, and to transmit by express five
copies thereof to the county clerk of each county, for distribution to the revenue
officers thereof.

470

COUNTIES. 3901-3908

OF THE GOVEENMENT OF COUNTIES, CITIES, AND TOWNS.

Title I. Or Counties 3001

II. The Government of Counties 4000

III. The Government of Cities 4354

IV. Liability of Counties and Cities for Injuries to Prop-

erty BY Mobs or Kiots 4452

TITLE L

Chapter I. County Boundaries and County Seats 3901

II. General Provisions Relating to Counties 39G9

CHAPTEE I.

COUNTY boundaries AND COUNTY SEATS.

3901. County defined.

Sec. 3901. A county is the largest political division of the state having cor-
porate powers.

3902. Number of counties in the state.

Sec. 3902. This state is divided into counties, named, bounded, and consti-
tuted as provided in this title.

3903. Due courses defined.

Sec. 3903. In describing courses the words "noiih," "south," "east," and
"west," mean true courses, and refer to the true meridian unless otherwise de-
clared.

3904. Other courses defined.

Sec 3904. The words " northerly," " southerly," " easterly," and "westerly,"
mean due north, due south, due east, and due west, unless controlled by other
words, or by lines, monuments, or natural objects.

3905. To, on, along, and with mountain ridge.

Sec 3905. The words "to," "on,^' "along," "with," or "by" a mountain
or ridge, mean summit point, or summit line, unless otherwise expressed.

3906. To, on, along, xi-ith, hy, uj), or down a creek, defined.

Sec 3906. The words" to," "by," "along," "with," "in," "up," or"down"
a creek, river, slough, strait, or bay, mean the middle of the main channel
thereof, unless otherwise expressed.

3907. In, to, or from ocean shore.

Sec 3907. The words "in," "to," or "from" the ocean shore mean a point
three miles from shore The words "along," "with," "by," or "on" the
ocean shore, mean on a line parallel with and three miles from the shore.

3908. Mouth of creek defined.

Sec 3908. The mouth of a creek, river, or slough which empties into another
creek, river, or slough, is the point where the middle of the channels intersect,

477

3909-3910 POLITICAL CODE.

DEL XORTE.

3909. Del Norte.

Shc. 3909. Situated iu the northwest corner of the state, beginning at a point
in the Pacific ocean on the forty-second parallel of north latitude, being
southern line of Oregon; thence southerly, by ocean shore, to a point one mile
south of the mouth of the Khxmath river, forming southwest corner; thence
tastirly. on a line parallel with Klamath river to a point one mile south of the
muuth of Blue creek; thence northeasterly to Siskiyou mountains; thence
oasterlv, following the ridge that divides the waters of Clear creek from the
water.s of Dillon's creek, to Klamath river, at a point equidistant from the
mouths of said creeks; thence across Klamath river and east to the summit of
Salmon mountains, forming the southeast corner; thence northerly in a direct
liue to the head of the canon on said river, about five miles above the mouth of
Indian creek; tlience north, crossing Klamath river, to a point on the forty-
second jiarallel of north latitude, forming northeast corner; thence west to the
jtlaoe of beginning.

Coimty seat — Crescent city.

KLAMATH.

3910. A7rt»ia//i.

Sec. 3910. Beginning at southwest corner of Del Norte, as established in
section 3909; thence southerly, by ocean shore, to a })oint Avest from the mouth
of Mad river, forming southwest corner; thence east to a point in Trinity river,
which forms common corner of Humboldt, Klamath, and Trinity; thence noi-th-
easterly to and along Scott's mountain to its point of intersection with the
ri<l;_'e dividing the waters which flow into Scott's, Shasta, and Sacramento
rivers on the north from the waters which flow into Salmon and Klamath rivers
(■n the south, forming tlie common corner of Siskiyou, Klamath, and Trinity;
tlience northerh* to and along the last-mentioned ridge to the southeast corner
(.f Del Norte, as established in section 3909; thence westerly along the southern
line of Del Noi-te to the place of beginning.

County seat — Orleans bar.

An Act to imnex tlie territory comprised in the present county of Klamath to the counties of
Humboldt and Siskiyou.

ApiJroveU March 28, 1874 ; 1873-4, 755.

Special election.

Section 1. The Ijoard of supervisors of Siskiyou county must meet in Yreka,
the county seat of said county, on or before Saturday, the second day of May,
iu the yeiu- eighteen hundred and seventy-four, and issue their proclamation
(u-dering an election to be held on Saturday, the thirtieth day of May, eighteen
liundred and seventy-four, at which the qualified electors of the county may vote
on the (juestion of the annexation to Siskiyou county of that portion of Klamath
county Jiereinaftor specified in this act, and on the conditions hereinafter speci-
fied.

Sfcc. 2. Voters wlio desire the annexation to Siskiyou county of the portion
of Kluuuith county herein described, must vote a legal ballot, with the following
inscrijitioii j)rinted or written thereon: " Annexation, yes." And voters who
oj^poHc the annexation to Siskiyou county of such portion of Klamath county,
must vote a legal ballot, with the inscription printed or written thereon: " An-
nexation, no."

Ifoio cojifliicft;d.

Sec. 3. The laws wliicli aj.j.ly to and govern general elections, shall apply to
and govcHi the elections herein provided for, except as is in this section other-

478

COUNTIES. 3910

wise directed. The county clerk shall procure, if practicable, a number of
copies of the great register of the county prepared and printed for the general
election in the year eighteen hundred and seventy-three, equal to the number
of precincts in the county, and shall cause one copy of such great register to be
delivered to the election board of each precinct, and such delivery of copies of
the great register to the election boards of the several precincts shall be held to
be a full compliance with the law in reference to providing election boards with
copies of the great register. And the clerk, for the purpose of obtaining such
number of copies of such great register as by this act is made necessary, is
authorized and directed to ojien the election returns of the general and judicial
elections of the year eighteen hundred and seventy-three, noAV on file in his
office, and take therefrom such number of copies of the great register, consti-
tutiug a part of such election returns, as he may require; and such copies of the
great register shall be valid for this election. If enough copies of the said great
register cannot in this way nor in any other manner be obtained to supply each
precinct with one copy thereof, the clerk must make, and cause to be printed,
precinct poll lists of like character as those required by the registration act in
force prior to the enactment of the election law of the Political Code. Such pre-
cinct poll lists, if made, must be distributed to the election boards of the several
precincts, and in the absence of copies of the great register, shall take the place
thereof.

Returns and canvasf^.

Sec. 4. The officers of election must make the returns of election in the man-
ner and within the time prescribed for making the returns of general elections,
and the board of supervisors, acting as a board of canvassers, must canvass the
returns in the manner and within the time prescribed for canvassing the returns
of general elections. If it shall be found that a majority of the legal voters
voting at such election have voted for annexation, the board of supervisors
must, within live days after canvassing the returns, make out two several state-
ments of the result, one of which they must forward by mail to the board of
supervisors of Klamath county, and the other to the board of supervisors of
Humboldt county, and thirty days after the canvassing of the returns of the
election, if a majority of the legal voters voting at siicli election shall have voted
for annexation, the organization and government of Klamath county shall be
abandoned, and such portions of the territory heretofore constituting said county
shall be annexed to Humboldt and Siskiyou counties, respectively, on such con-
ditions as are hereinafter defined, and the provisions of the subsequent sections
of this act shall be in force from and after that date.

Territory described.

Sec. 5. All that part of the territory now composing the county of Klamath,
situate and lying north and easterly of the following line and boundary, to wit:
commencing at the point where the present boundary of Klamath and Del Norte
crosses the Klamath river; thence running easterly in a direct line to where the
Salmon river enters the Klamath river; thence in a southerly direction, follow-
ing the ridge of the mountain that divides the waters of the Salmon and its
tributaries from the waters of Klamath and Trinity rivers, and their tributaries,
to the northern boundary-line of Trinity county; shall be and compose a part of
the county of Siskiyou, and shall be within the jurisdiction thereof, and of the
courts and officers of said county; and all that part of the territory now- com-
posing the county of Klamath, situate and lying south and westerly of the above-
described boundary and line, shall be a part of Humboldt county, and within
the jurisdiction thereof, and of the courts and officers of the county.

479

3910 POLITICAL CODE,

Indebteihiess.

Sec. G. The boanl of commissioners, ai-)pointed iu accordance with the pro-
visions of this act, are hereby authorized and required, immediately after their
appointment, to ascertain and apportion the then outstanding and bona fide
indebtedness of the county of Khimath. A'majority of said commissioners may
transact the business and deteiiniue the action of said board. Said board of
commissionei-s, after ascertaining the said indebtedness, shall aj^poiiion the
same between the counties of Humboldt and Siskiyou, in jiroportion to the
assessed value of property annexed to them resi^ectively. Said board of com-
niissionei-s shall ceilif}* the amount of said indebtedness so apportioned to the
boards of supervisors of said counties of Siskiyou and Humboldt, respectively,
and the juirt of said indebtedness apportioned and certified to the county of
Humltoldt shall be and remain a charge upon said county, and the same shall
be i)aid l\v the board of super^'isors thereof; and the j^art of said indebtedness
apportioned and certified to the county of Siskiyou shall be and remain a charge
upon said county, and shall be paid by the board of supervisors thereof, and
said indebtedness, so apportioned, shall in all things be as valid and -binding
against and upon said counties of Humboldt and Siskiyou, as if the same had
Ijeen originally authorized and incurred by said counties, or by the pro23er and
authorized officers thereof.

Tax therefor.

Sec. 7. The board of sujDervisors of the county of Humboldt, and the board
of supervisors of the county of Siskiyou, each is hereby authorized to levy a
tax upon the taxable property of the county, not exceeding ten cents on each
one hundred dollars value jier annum, for the pifrpose of paying the indebted-
ness assumed under the provisions of this act. The said tax shall be assessed,
levied, and collected at the same time, in the same manner, and ])y the same
officers, as other county taxes are assessed, levied, and collected. The funds
raised by such tax shall be set apart and used by said respective boards of
Bupervieors only for the payment of the iDriucipal and interest of said assumed
iudebtedness.

Mecorth.

Sec. 8. The county clerk of Klamath county shall, immediately after the
board of supervisors of said county shall have received notice from the board
of supervisors of Siskiyou county, that the majority of the legal voters, voting
on the question of the annexation of a portion of Klamath county to Siskiyou
county, voted iu favor of such annexation, transcribe into jn-oper books of
record all ^the records of the new county of Klamath, relating to or evidencing
the titles to the lands embraced within the territory annexed by this act to the
county of Siskiyou, for which he shall receive as full compensation, twenty
cents per folio; one half of which shall be paid by the county of Siskiyou, and
the otlier one lialf by the county of Humboldt; said amounts to be allowed and
paid by said counties respectively, as other county charges are allowed and paid.

Originah.

Sec. 9. After transcribing the records, as provided for in the preceding section,
the said county clerk of Klamath county must deposit with the county recorder
of Huinboldt county the original books of record of the county of Klamath
relating U) the titles of lands therein. The transcript pro\'ided for in the pre-
ceding section shall l)e certilied to as correct by the said county clerk, and shall
>>o received as prima itui'ia evidence of the contents thereof.
Sxiitn.

Sec. 10. All suits now pending in the district, county, or probate courts, of

480

COUNTIES. 3910

Xlnmatli county, shall be transferred, by the order of the jndf^e thereof, to the
district, county, and probate courts of tlie counties of Humboldt or Siskiyou.

Board of commissioners.

Sec, 11. There shall be a board of commissioners, to consist of four persons,
electors, two of whom shall be ajipointed by the board of suptTvisors of Hum-
boldt county, and two by the board of supervisors of Siskiyou, who shall have
and execute the powers conferred by section six of this act. Each county shall
j)ay its own commissioners such sums as the board of suiDervisors shall deem
just.

Sale of county property.

Sec. 12. The board of supervisoi's of Klamath county must sell at auction,
to the highest bidder or bidders, for cash, and within thirty days after the
api:»ointment of the commissioners provided for in section eleven of this act, all
the county property of said Klamath county, both real and joersonal; and the
board of supervisors of said county, upon the sale of any real estate by authority
of this .section, is hereby authorized and empowered to make, execute, and
deliver, in their official capacity, the necessary conveyances for such real estate.
The money arising from the sale of said property must be applied by said board
of sui^ervisors of said Klamath county to the joayment of the indebtedness of
the county.

Assessment lists.

Sec. 13. The assessor and auditor of Klamath county must meet immediately
on the aimexation of the territory composing said county to the counties of
Humboldt and Siskiyou, transmit the assessment lists containing the assess-
ment of the property of the county for the revenue year eighteen hundred and
seventy-four-five, and all books and papers in their possession pertaining
thereto, to the county auditors of the counties of Humboldt and Siskiyou; the
assessment lists containing the assessment of the property in the part of Klamath
county annexed to Humboldt county, and the other papers and books pertain-
ing thereto, to the county auditor of said count}', and the assessment lists con-
taining the assessment of the property in the part of Klamath covinty annexed
to Siskiyou county, and the other papers and books pertaining thereto, to the
county auditor of said county. Said assessor and auditor must certify under
oath to the genuineness of all paj)ers transmitted under the provisions of this
section; and the assessment of the property of Klamath county for the revenue
year eighteen hundred and seventy-four-five, made by the assessor of said
county and transmitted to the auditors of Humboldt and Siskiyou counties
respectively, as provided in this section, shall be as valid as if made by the
assessors of said counties respectively.

Compensation.

Sec. 14. The board of supervisors of Siskiyou county must allow the county
clerk of said county, for the services he may perform in connection with the
election herein provided for, such compensation as they shall deem proper and
just, and the sums they may allow shall be in addition to the fees and compen-
sations the clerk is allowed by law to approj^riate to his own use.

Salary.

' " Sec 15. In the event of the annexation of any portion of the teiiitoiy of
the new county of Klamath to the county of Humboldt, as provided by this
act, the assessor of the county of Humboldt shall, in addition to the salary and
fees now allowed by law, receive the sum of six hundred dollars per annum,
after the first Monday in March, a. d. eighteen hundred and seventy-five.
Sec. 16. This act shall take effect and be in force from and after its passage.
31 481

3910 POLITICAL CODE.

An Act amendatory of ami supplementary to the foregoing net of March 28, 1874.
Approved March 31, 1876; 1875-6, 603.

Supervisors io appoint commissioners; same, jvhen to meet.

Section 1. The board of supervisors of the counties of Humbohlt and Siski-
you are directed, at their first regular meetings of said board after the passage
of this act, to appoint tAvo commissioners each, as provided in section eleven of
the act to whicli tliis act is amendatory and supplementary, whose duty it shall
be to meet at Orleans bar on the fifth day of June, a. d. eighteen hundred and
seveutv-six, and do and perform all duties required of them by the provisions
of thi.s act and the act to which this is amendatory and supplementary, not
inconsistent with the provisions of this act; provided, that if the commissioners
of either of said counties fail to meet as herein provided, and the commissioners
from the other county shall be in attendance at said time and place, then the
county being in default shall pay to the county not so in default all expenses
incurred by reason thereof.
When failure io agree.

Skc. 2. If said commissioners fail to agree, they shall at once choose some
disinterested person, who shall cast the deciding vote upon such matters as to
which they shall so fail to agree; provided, that if said commissioners fail to
agree as to the person herein authorized to be chosen, they shall certify the
fact to the district judge of the eighth judicial district, who shall appoint
another commissioner, who shall cast the deciding vote as aforesaid; and pro-
\-ided that if said commissioners shall, from any cause, fail to meet as herein
provided, they shall then meet on the succeeding second Monday of August,
A. D. eighteen hundred and seventy-six, unless a shorter [time] be agreed upon
by the boards of said counties.
Commissioners to sell county property.

Sec. 3. The commissioners must sell at auction, to the highest bidder or
bidders, for cash, all of the county projDerty of the said Klamath county, both
personal and real, as soon after their meeting and organizing as they shall deem
expedient, and they are hereby authorized and empowered, in their official
cajiacity, to execute deeds and bills of sale for all property so sold, which shiJl
in all ret>pects be a valid conveyance thereof.
I'rcnsurfr of Ktarna/li to pay over mon(.n/s.

Sec. 4. P. W. "Wasmuth, the treasurer of Klamath county, shall, upon the
meeting and organizing of the commission herein provided, make an exhibit of
the amount of all moneys and property in his custody or under his control as
such treasurer, to said commissioners, also of all outstanding and bona fide
indebttdness of said Klamath county. Such exhibit shall be by said P. "W.
"NVahmutli fullj- explained to the commissioners, and they may examine tliesaid
P. W. AVasmuth, or any otlier person or persons, on oath, or the books or
papers, touching any or all of said matters. Said commissioners shall there-
upon proceed to ascertain the amount of moneys belonging to Klamath county
which is in tlje jiosscHsion or under the control of said P. W. Wasmulh. The
commiKi^ioners shall allow to P. "\V. Wasmuth two per cent, on all moneys he
niaj- have in his possession belonging to said Klamath county, as full compen-
Bation for all services jierformed by him as treasurer of said county. P. W.
"NVasmuth is liereby ordered to jiay over to said commissioners, upon their
receipt, all of said moneys, less the amount allowed hj the said commissioners
a« herein provided.

A}qx)rtioiane.nl of indehiedneas.

Sec. o. Said commissioners shall ascertain and apportion the assets of said
Klamath county in the same manner as provided for the apportionment of the

482

COUNTIES. 3910-3011

indebtedness of said conntj^ in section six of the act to wlilcli this act is amen-
datory and supi^lementary. The commissioners shall pay over to the county
treasurer of their respective counties the sums so apportioned, Avhich shall be
set apart by the said counties for the payment of the principal and interest of
said assumed indebtedness of Klamath county.
Transfer of actions, records, etc., to Humboldt rouvty.

Sec. 6. All suits and proceedings, of whatever kind or nature, now or at any
time pending in the district, county or probate courts of Klamath county, and
all suits, judgments, orders, and proceedings, of whatever kind or nature,
heretofore at any time had or determined in or by any of said courts, which
have not been already transferred to some other county, are hereby transferred
to the appropriate courts of Humboldt county, which last-named courts shall
have the same and as ample jurisdiction thereof as if such suits and proceedings
had been oi'iginally commenced and such judgments and orders had been
originally made in said courts; and all of the records of said courts not hereto-
fore transferred to some other court, shall be delivered to the county clerk of
Humboldt county by the present custodians thereof; and the clerk of Humboldt
county shall have the same power and perform the same duties touching all
suits, judgments, orders, and jjroeeedings originally had in said courts of
Humboldt count3\
AllovMnce to assessor of Klamath.

Sec. 7. The board of supervisors of Humboldt county and the board of super-
visors of Siskiyou county shall allow J. Nally, the assessor of Klamath county,
such sums as he shall be entitled to for services performed in assessing the
territory of Klamath county, during the years a. d. eigliteen hundred and
seventy-four and five, and the commissioners herein provided for shall certify
to their respective boards of supervisors such amount as, in their judgment,
they shall find the said assessor entitled to; provided, that the suras so allowed
by the said board of supervisors shall not exceed in the aggregate the salar}'
allowed by law to said assessors for any one year.

Sec. 8. The said commissioners are hereby authorized and fully empowered
to do all acts necessary to carry into effect the provisions of this act, and the
act to which this is supplementary and amendatory.
Supervisors of Humboldt and Siskiyou to levy tax.

Sec. 9. Section seven of the act to which this is amendatory and supple-
mentary is amended to read as follows: Section 7. The board of supervisors of
Humboldt, and the board of supervisors of Siskiyou, each is hereby authorized
to levy a tax upon the taxable property of the county, not exceeding ten cents
nor less than five cents on each one hundred dollars value per annum, for the
purpose of paying the indebtedness assumed under this act. The said tax
shall be assessed, levied, and collected at the same time, in the same manner,
and by the same officers as other county taxes are assessed, levied, and collected.
The funds raised by such tax shall be set apart and used by said respective
boards of supervisors only for the payment of the principal and interest of said
assumed indebtedness.

Sec 10. All provisions in the act to which this is amendatory and supple-
mentary, in conflict with the provisions of this act, are hereby repealed, so far
as they are in conflict.

Sec 11. This act shall take effect from and after its passage.

SHASTA.

3911. Shasta.

Sec. 3911. Beginning at the northern line of Tehama, at the head of Bloody
island, in Sacramento river; thence to and down the eastern '-hannel to the

483

3911-3912 POLITICAL CODE.

mouth of Battle creek; thence easterly, up Battle creek, hy the main channel,
to the mouth of the Middle Fork, known as Digger creek; thence up Digger
creek to its head; thence east to a point south of Black Butte mountain, form-
iucr southeast corner; thence north, on western line of Lassen, to a rock mound,
forming noi-theast corner, on southern line of Siskiyou; thence west, on said
southern line, to Castle rock, forming northwest corner; thence southerly along
Trinity mountain to the head of Bee Gum creek, forming southwest corner;
thence easterly down Bee Gum, Middle Fork, and Cottonwood creeks to the
western channel of Sacramento river; thence, by direct line, to the point of
beginning.

County seat — Shasta city.

LASSEN.

3912. Lassen.

Sec. 3912. Beginning at southwest corner, on the northern line of Sierra, as
e.sitablished in section 3921, at a point on the summit of the ridge which crosses
said line, and which divides Long valley from Sierra valley; thence northwes-
terlv, following said ridge, to a point due south from the town of Susanville;
thence westerly, along the ridge separating the waters which flow into the east
l)ranch of the north fork of Feather river, ranning through Indian valley, from
those which flow into the north fork of Feather river, running through Moun-
tain meadows, to a point on said ridge south from the point where the old and
present traveled road from the Big meadows, via Hamilton's ranch, first crosses
the said north fork; thence north, to a point east of the southeast corner of Shasta;
thence west, along said extension line, to a point due south of Black Butte
mountain, being southeast corner of Shasta; thence north, to a point on south-
ern line of Siskiyou marked b}' a rock mound, being northwest corner of Lassen
and northeast corner of Shasta; thence east, along said line, to the eastern bound-
ary of the state; thence south, along said state line, to the northeast corner of
Sierra, as established in section 3921; thence west, along the line of Sierra, to
the jilace of beginning.

County seat — Susanville.

All .\ct providing for the survey of tbe line forming a portion of the southern boundary of
Siskiyou county and the northern boundary of Lassen coirnty.

Approved April 1, 1872; 1872-2, 88G.

S iiryt^jor-f/i'jiei'al lo survey and locate line.

Section 1. The surveyor-general is hereby directed to survey and locate that
portion of the southern boundary-line of the county of Siskiyou, commencing
at a point known as the Devil's Castle, near and on the opposite side from Soda
Springs, on the upper Sacramento river, and running from said point due east,
to the eastern boundary of the State of California, and shall plainly de.signate
said line by suitable monuments, and describe the same upon the maps of state,
in accordance with the several acts of the legislature of the State of California,
defining the northern Ijoundary of the county of Lassen and that portion of the
Bouthern bound:iry of tlie county of Siskiyou above described.
Erj)enni'H.

Sec. 2. The nc-ccssiiiy expenses of such survey and location of said line shall
be paid by the State ui California, out of the general fund thereof, to the sur-
veyor-general, upon his liliiig in the office of the state controller, his certificate
that such survey is completed according to law, together with his claim, setting
forth tbe items of expense of such survey; provided, that the total expense of
audi survey shall not exceed the sum of twenty-five hundred dollars; and the
sum of twenty-five hundred dollars is hereby appropriated for the payment of
the expenses of such survey.

Sec. 3. Tliis act sliall take effect from and after its passage.

48-1

COUNTIES. 3913

SISKIYOU.

3913. SisJciyou.

Sec. 3913. Begiuiiiug- at southwest corner, being common corner of Trinity,
Klamath, and Siskiyou, as established in section 3910; thence easterly, on
northern line of Trinity, to northwest corner of Shasta, as established in section
3911; thence east, on northern line of Shasta and Lassen, to western line of the
State of Nevada; thence north, on the line of said state, to the southern line of
the State of Oregon; thence west, on Oregon line, to the northeast corner of
Del Norte, as established in section 3909; thence southeasterly, on the eastern
lines of Del Norte and Klamath, as established in sections 3909 and 3910, to the
place of beginning.

County seat — Yreka.

[See also act of March 28, 1874, as to partitioning of Klamath county,
between Siskiyou and Humboldt counties, ante, 3910.

The county of Siskiyou was divided, and the new county of Modoc created
out of the eastern portion, by the following act.]

MODOC.

An Act to create tlie county of Modoc, to establish tlie boundaries thereof, and to jjrovide for
its organization.

Approved, February 17, 1874 ; 1873-t, 124.

Modoc county.

Section 1. There shall be formed out of the eastern part of Siskiyou count}-,
a new county, to be called Modoc.

Boimda7'ies.

Sec. 2. The boundaries of Modoc county shall be as follows: Commencing at
the northeast corner of the State of California; thence west, along the northern
boundary-line of said state, to the range line between Ranges Nos. Four (4) and
Five (5) east, of Mount Diablo base and meridian; thence due south, on said
range line, to the southern boundary -line of Siskiyou county; thence east along
said southern boundary-line, to the state line; and thence north to the jjlace of
beginning.

County seat.

Sec. 3. The seat of justice shall be at the town of Dorrisbridge, until other-
wise provided by law.

Appointment of county judge — Salary — Terms of county and probate courts.

Sec. 4. The governor of this state shall, when this act takes efl'ect, apj^oint
some suitable j^erson, resident of Modoc county, to act as county judge, who
shall reside at the county seat, and whose term of office shall continue until the
fii'st day of January, a. d. eighteen hundred and seventy-six, and until his suc-
cessor is elected and qualified. The county judge shall receive a salary of one
thousand dollars per annum, to be paid quarterly, and shall hold the courts re-
quired by law to be held by county judges. There shall be three regular terms
of the county court held in each year, said terms to commence on the tirst
Monday in February, June, and October; i)rovided, however, the county judge
shall call and hold special terms of the probate court whenever public necessity
may require. Said county judge shall discharge all the duties required by law
of county judges in this state.

Election of officers — Terms of office.

Sec. 5. An election shall be held in said Modoc county within sixty days from
the time of the first meeting of the commissioners in this act provided for. At
said election there shall be chosen by the qualified voters of said county one dis-
trict attorney, one county clerk, who shall be ex officio auditor, recorder, and
clerk of the board of supervisors, board of equahzation, and board of canvas-

485

3913 POLITICAL CODE.

sei-s; one county superintendent of public schools, one sheriff, who shall be ex
officio county tax collector, one county assessor, one county treasurer, one county
surveyor, one county coroner, who shall be ex officio public administrator. Said
county officei-s shall hold their respective offices until the first Monday of March,
.K. D. eighteen hundred and seventy-six, and until their successors are elected and
quahfied. At said election there shall be chosen one supervisor for each super-
visor district in said county, who shall hold their offices as follows: District
number one, until the first Monday of November, a. d. eighteen hundred and
seventy-four; District number two, until the first Monday of November, a. d.
ei<,diteen hundred and seventy-five; and District Number Three, until the first
Monday of November, a. d. eighteen hundred and seventy-six. At said election
there shall be chosen two constables and two justices of the peace for each town-
ship; provided, however, that all constables and justices and road overseers
elected at tiie general and judicial elections held in the year a. d. eighteen hun-
dred and seventy-three, residents of Modoc county, shall hold their offices for
the time provided by law, upon having duly qualified as township officers of
Modoc county for the respective townships in 'which they reside, as said town-
ships are organized by the action of the board of commissioners, provided for
by this act. At said election the qualified electors of said county shall vote for
a place for county seat, and, a majority of all the votes cast shall be necessaiy to
locate the same; and until the county seat is located, by a vote of the qualified
electors, the board of supervisors of said Modoc county are hereby prohibited
from incurring any indebtedness for the erection of county buildings in said
county. For the purposes of this election the county clerk of Siskiyou county
shall furnish each election precinct established by the board of commissioners
of Modoc county with two (2) copies of the great register of Siskiyou county,
printed for the general election held in said county in the year eighteen hundred
and seventy-three; and, if necessary, said county clerk is hereby authorized to
take said copies from the election returns now on file in his office.

Jiuard (if comm iasioners.

Sec. G. The governor shall, when this act takes effect, appoint five persons,
residents of !Modoc county, who shall be and constitute a board of commis-
sioners to i^erfect the organization of said county, a majority of whom shall
constitute a quorum. Said commissioners shall meet at the county seat within
twenty days after their appointment, and, after being duly sworn to faithfully
discharge their duties, as i:»rescril)ed in this act, shall organize, by electing from
their number a president and clerk. They shall then divide said county into
townships, define their boundaries, and designate the name of each. They
Khali also divide said county by townships into three supervisor districts, and
number the same. They shall also establish election precincts, and appoint
one inspector and two judges of electit)n for each precinct in said couuty. They
shall give thirty days' notice, by proclamation in some newspaper published in
Modoc county, or if there be no newspaper published in Modoc county, then
Riiid publication to be made in 80)ue newspaper published in the county of
Siskiyou, of tlie officei-s to be elected, the precincts established, with their
unmi'H and boundaries, the officers of election of each precinct, and the
nuinljer and boundaries of each supervisor district. Said commissioners shall,
on tlie second Monday after said election, meet at the county seat as a board of
canvassers, and ])roceed to canvass the election returns. Said commissioners,
tlieir i)r(;sident and clerk, are hereby authoiized and required to discharge the
same duties as are now recjuired by law of boards of supervisors and county
clerks in the counties in this state, so far as the same apply to holding elec-
tions, canvassing election returns, and issuing certificates of election. They

486

COUNTIES. 3913

shall keep a full record of all their proceedings, and file the same, with the orig-
inal election returns, in the county clerk's office, as soon as he shall have been
qualified, and thereupon the power and duties of said commissioners shall
cease.
Organization.

Sec. 7. It shall be the duty of the board of supervisors of Modoc county,
whose election is provided for by this act, to meet at the county seat on the
first Monday of the month subsequent to their election, take the oath of office,
and file the official bond required by the Political Code. The member of
district number one, shall be president of the board. They shall tlien allow
such per diem and mileage to the commissioners and officers of election as they
may think proper and just,, and a warrant shall be drawn by the auditor on
the county general fund in favor of each person to whom an allowance shall
have been made, for the amount of such allowance. Said board shall ajipoint
two citizens, and freeholders of Modoc county, to act as joint commissioners
with an equal number to be appointed by the board of supervisors of Siskiyou
county, to ascertain and declare the amount of the indebtedness of Modoc
county to Siskiyou county. Immediately on their appointment, such commis-
sioners shall notify the board of supervisors of Siskiyou county of that fact.
Upon the receipt of such infoi-mation said boaixl shall proceed, without unnec-
essary delay, to appoint a like number of commissioners, citizens and freehold-
ers of Siskiyou county, who shall, at a time and j)lace to be agreed ujion, meet
with the commissioners of Modoc count}'. The commissioners of the resi)ective
counties, after having severally taken an oath to discharge honestly and to the
best of their ability their duties as commissioners, shall organize as a joint
commission, by the selection of one of their number as president, and one as
secretary. As soon as organized^ the joint commission shall proceed, in the
following manner, to determine the amount of the indebtedness of Modoc county
to Siskij'ou county, to wit: they shall ascertain the indebtedness of Siskiyou
county at the time this act takes effect; they shall then ascertain the total value
of the assets belonging to said county; they shall then ascertain the assessed
value, under the assessments of eighteen hundred and seventy-three, of the
property in the territory hereby set apart to form Modoc county; then, after
deducting the assets from the indebtedness, so as to ascertain the actual indebt-
edness, the proportion due from Modoc county to Siskiyou county shall be
ascertained as follows: as the total assessed value of jiroperty in the territory
taken from Siskiyou county to form Modoc county is to the total assessed
value of Siski^'ou county before the formation of Modoc county, so shall be the
proportion of the actual indebtedness of Modoc county to Siskiyou county, and
said commissioners shall certify to their respective boards of supervisors such
amount. The board of supervisors of Modoc county shall then issue the bonds
of said county, payable in ten years from the organization of said county, and
bearing interest at the rate of ten per cent, per annum, payable annually, j^rin-
cipal and interest of said bonds to be paid in United States gold coin to said
Siski^^ou county, for such sum as the commissioners certify to be due, said bonds
to be of the denomination of five hundred dollars. Said board of supervisors
shall procure and provide a suitable place or places, to be used as a court-house
and jail until the location of the county seat is determined and a suitable build-
ing erected. They shall, when they levy state and county taxes, levy a tax of
twenty cents upon each one hundred dollars of taxable property in said county,
which shall be collected as other state and county taxes are collected, and shall
be set apart as an interest and sinking fund to liquidate the debt due from
Modoc county to the county of Siskiyou. Said interest and sinking fund shall
be apiDropriated, first, to pay the interest due on the bonds, according to the

487

3913 POLITICAL CODE.

tenor thereof, given bv Modoc couuty to Siskiyou county; and, second, when-
ever there shall be a sufficient sum remaining-, after paying interest as aforesaid,
to pay off one of said bonds, the treasurer of Modoc county shall present the
same to the treasurer of Siskiyou county, at Yreka, who, upon receipt thereof,
shall sun-ender one of said bonds, which shall be canceled by the treasurer of
Modoc county, and hied in the clerk's office. Said board of supervisors shall
exercise such other powers and duties as are conferred by the general laws on
boards of supervisors in the counties of this state.

Actions reinored.

Sec. 8. All civil actions, or jn-oceedings in the nature of actions, whether
original or upon ajipeal, civil or criminal, which shall be pending in the district
court, county court, or j^robate court, in the county of Siskiyou, at the time of
the organization of !Modoc county, in which the defendants are residents of
Modoc county, shall be removed for trial and final determination to the proper,
courts of Modoc couuty, on motion of any party interested; provided, that
actions commenced for the collection of taxes and licenses, shall not be re-
moved from the courts of Siskiyou county; provided, further, that in all criminal
cases, where the ofTenses Avere committed within the limits of Modoc county,
upon the apj^lication of the district attorney of Modoc county, said causes shall
be removed to Modoc county.
Transcript of records.

Sec. 9. All residents or proj^erty holders of Modoc county, upon application
to the county recorder of Siskiyou county, and upon the payment of the fees
required by law, shall be entitled to receive a transcri^^t of the record, diily
attested, of any projoerty situated in the county of Modoc and recorded in his
office; and upon presentation of said transcript to the county recorder of Modoc
county, and upon the payment of the fees required b}' law, said recorder shall
record the same, and said record shall have the full force and effect of the
original record; provided, however, that the board of supervisors of Modoc
county shall, within two years, procure a suitable set of books, and make such
arrangements as they may agree upon with the county recorder of Siskiyou
county, for the transcribing therein all necessary records, j^roperly certified;
said records to have the same effect and force as the original records.

Senatorial and judicial districts.

Sec 10. Modoc county shall be attached to and form a part of the twenty-
eighth senatorial district, and, for judicial purposes, shall be attached to and
form a part of the ninth judicial district. The terms of the district court shnll
bo held in and for the county of Modoc on the second Monday of July and the
third ilouday of October of each year.

Election o/ officers.

Sec. 11. The county officers of Modoc county shall, except as otherwise pro-
vided by thi8 act, be elected at the same time as the county officers in other
counties of this state, and shall hold tlieir offices for the term fixed by law.
They shall give bonds, for the faitliful discharge of their duties, in such manner
and sums as required by the Political Code. The supex-visors of Modoc county
shall j.rovide for the election of their successors, whose term of office shall be
three years.

iJufies.

Sec. 12. All officers provided for by this act, shall perform duties as required
by the general laws of the state, unless otherwise provided by this act.
Comiicusation of hoard.

Sec. 13. The supenisors of :\lodoc county shall receive for their services four

488

COUNTIES. 3913-3914

dollars per day, and tweuty-five cents per mile for coming to the county seat;
2)rovided, tliat but one mileage shall Le charged for each term of the board;
and, j^rovided, that for the year eighteen hundred and seventy-four, and any
year thereafter, the per diem and mileage of any one supervisor shall not ex-
ceed the sum of two hundred dollars.

Salaries of officers.

Sec. 14. The officers of Modoc county shall receive the following salaries and
fees: The treasurer shall receive per annum the sum of six hundred dollars; the
assessor, for assessing said county, shall receive per annum the sum of six.
hundred dollars; the district attorney the sum of five huudi-ed dollars, and the
fees allowed the district attorney of Siskij'ou county; the superintendent of
jiublic schools, the sum of three hundred dollars; the sheriff and county clerk
shall receive the same fees the sheriff and county clerk of Siskiyou receive; pro-
vided, that when said fees are a charge against said ]Modoc county, a deduction
of twenty-five per cent, shall be made therefrom; and, provided further, that
the county clerk, as clerk of the board of supervisors, board of equalization,
and board of canvassers, shall receive the sum of one hundred and fifty dollars
per annum, payable quarterly. The other officers of Modoc count}' shall receive
no salaries, but the same fees allowed similar officers in Siskiyou county.

Notaries.

Sec. 15. Modoc county shall be entitled to five notaries public, as provided
for by law.

School and school moneijs.

Sec 16. The superintendent of public schools of Siskiyou county shall fur-
nish the superintendent of jDublic schools of Modoc county a certified copy of
the last census lists of the different school districts in the temtory set apart to
form Modoc county, and shall draw his warrants on the treasurer of Siskiyou
county, in favor of the superintendent of schools of Modoc county, for all
money that is or may be due by apportionment or otherwise to the different
school districts of Modoc county.

Sec. 17. No indebtedness shall be incurred by Modoc county which will in
the aggregate exceed the sum of twenty thousand dollars.

Sec. 18. All acts and parts of acts, so far as they conflict with the provisions
of this act, are hereby repealed.

Sec 19. This act shall take effect and be in force from and after its passage.

An Act supplemental to tlie foregoing act of February 17, 1874:.
Approved March 23, 1874; 1873-4, 517.

[This act made provision for the hospital fund of Modoc county; also defined
the powers of the commissioners as to the registry of voters; also provided for
the levy of a tax for a building fund; and extended the act of March 2(i, 1857,
in relation to hogs found running at large in Colusa and other counties, over
Modoc county.]

HUMBOLDT.

3914. Humboldt.

Sec 3914. Beginning at southwest corner of Klamath, as established in sec-
tion 3910; thence east, to common corner of Klamath, Humboldt, and Trinity,
in Trinity river, as established by section 3910; thence southeasterly, up Trin-
ity river, to the mouth of its south fork; thence southeasterly, along the east-
ern side of said south fork, one hundred feet above high water mark, to the
mouth of Grouse creek; thence south, to a point on the fortieth degree of north
latitude, being on northern line of Mendocino, and forming southeast corner of

489

3914-3917 POLITICAL CODE.

Humboldt; thence west, on said line, to the Pacific ocean; thence northerly,
along the ocean shore, to the place of beginning.

County seat — Eureka.

[See also act of March 28, 1874, as to partitioning Klamath county between
Humboldt and Siskivou counties, ante, 3910.]

3915. Tehama.

Skc. 3915. Beginning at the point of intersection of Sacramento river with
south line of township twenty-three north. Mount Diablo base; thence west, on
said line, being northern line of Colusa, to the summit of the coast range, being
southwest corner; thence northerly, on said summit line, to the southwest cor-
ner of SLasta, as established in section 3911; thence easterly, on the southern
line of Shasta, as establi.shed in section 3911, to the northwest corner of Plumas,
being the point of intersection of southern line of Shasta with the summit line
of the dividing ridge between the waters of Mill and Deer creeks, tributaries of
the Sacramento river, and Eice's and Warner's creeks, tributaries of the north
fork of Feather river, forming northeast corner of Tehama; thence southerly,
along said summit line, to the north point of Butte county, it being the point
where the northern road from Big Meadows to Butte Meadows, by Dye's house,
crosses the said summit line; thence southwesterly, in a direct line, to theheac^
of Kock creek; thence southwesterly, down Piock creek, to the south line of town-
ship twenty-four north, Mount Diablo base; thence west, on said line, to the
Sacramento river; thence along said I'iver to the place of beginning.

County seat — Ked Bluff.

COLUSA.

3916. C>Au.<a.

Sec 3916. Beginning at southeast corner, being northeast corner of Yolo, in
Sacramento river, at its intersection with the south line of township thirteen
north, Mount Diablo base; thence west, on said township line to the ridge
dividing the waters flowing into Bear creek and Stony creek, from those flowing
west into the north fork of Cache creek and Clear lake; thence northerly, along
said ridge to the summit line of the coast range, being the Avestern line of Lake,
foiTuing southwest corner of Colusa and northwest corner of Yolo ; thence
northerly on said summit and western boundary of Lake, through Hull's
mountain, to the southwest corner of Tehama, as established in section 3915;
thence easterly on southern line of Tehama to initial point of Tehama, in
Sacramento river, on south line of township twenty-three; thence down said
river to tlie southwest corner of the Llano Seco grant; thence northeasterly
along said grant line to its intersection with the northern boundary of town-
ship nineteen north; thence east to Butte creek; thence down Butte creek to
Butte shiugh; thence up Butte slough to Sacramento river; thence down Sacra-
mento river to the place of beginning.

County seat — Colusa.

LAKE.

3917. Lafre.

Sec. 3917. Beginning at the summit of Mount Hull, near Mount St. John,
on the western line of C(jlusa, and forming the northeast corner of Lake and
east corner of Mondocino; thence southerly and circuitously, by the sunjmit
line of tljc :\rayacmas range, being the dividing ridge between the waters flow-
ing into the Hussian and Eel rivers and those flowing easterly into Clear lake,
to the summit of Mount St. Helena; thence easterly along the line heretofore
established to the Buttes canon road; thence easterly, in a right line, to the

490

COUNTIES. 3917-3919

most northern point of the Berr^-essa rancho; thence easterl}' ahjng tlie northern
line of said rancho to the northeast corner thereof; thence east to the westei'ii
line of Yolo county, as established in section 3929; thence northerly, on the
western line of Yolo and Colusa counties, to the place of beg■innin^^
County seat — Lakeport.

An Act to more clearly define the boundary-line between tbe counties of Lake and Yolo, iu

' the State of California.

Approved April 1, 1872; 1871-2, 903.

Sanford line. ,

Section 1. The line established by H. H. Sanford, as deputy surveyor-general,
under special instruction of J. "W. Bost, surveyor-j^eneral of California, at the
request of the boards of supervisors of the counties of Lake and Yolo, and
designated on a certain map on file in the oflfice of the surveyor-general of the
State of California, indorsed " Map of the boundary-line between Lake and
Yolo counties, surveyed April, 1871, by H. H. Sanford, deputy surveyor-
general of California," is hereby declared the boundary-line between the said
counties of Lake and Yolo, provided the same is in accordance with the provis-
ions of an act to more clearly define and establish the boundary-line of Yolo
county, approved March 3, 18G6.

Sec. 2. This act shall take effect from and after its passage.

MENDOCTNO.

3918. Mendocino.

Sec. 3918. Beginning at the southwest corner of Huinboldt, as established
in section 3914; thence, southwesterly, by the ocean shore, to a point three
miles west of "VValhalla nver; thence east to the mouth of said stream, and up
the channel two miles; thence easterly in a direct line, on northern line of So-
noma, to the most northern and highest peak of Redwood mountain; thence east
to the western boundary of Lake, on the summit of the Mayacmas ridge; thence
northerly, along the western and northern boundaiy of Lake, as established in
section 3917, to the northeast corner thereof; thence northerly, along the
western boundaries of Colusa and Tehama, as established in sections 3915 and
3916, to a point on the line of the fortieth parallel of north latitude, forming
the northeast corner of Mendocino and the southeast corner of Trinity; thence
west along said parallel, on southern line of Humboldt and Trinity, to the
place of beginning.

County seat — XJkiah city.

TRINITY.

3919. Trinity.

Sec. 3919. Beginning at the northeast corner of Mendocino, as established iu
section 3918, on the summit line of the coast range; thence northerly on said
range and the western line of Tehama and Shasta, to the point of intersection
with the southern line of Siskiyou, being northeast corner of Trinity and north-
west corner of Shasta; thence westerly, on the ndge dividing the waters flowing
south and west into Trinity and Salmon rivers from the waters flowing north
and east into Scott's and Sacramento rivers, to common corner of Klamath,
Siskiyou, and Trinity, as established in section 3910; thence southwesterly, on
the line of Scott's mountain, being the southern line of Klamath, to common
corner of Trinity, Klamath, and Humboldt, as established in section 3909;
thence southerly, by the eastern line of Humboldt, to the fortieth parallel of
latitude, being the northern line of Mendocino, forming southwest corner;
thence east, to the place of beginning.

County seat — "Weaverville.

491

3920-3922 POLITICAL CODE.

PLUilAS.

3920. Phunaff.

Sec. 3U20. Beginning on dividing ridge between the waters of Yuba and
Feather rivers, at common corner of Yuba, Butte, and Phimas, established by
siu-vey and map of Joseph Johnston, county surveyor of Yuba county, July,
eighteen hundred and Hfty-seven, and indicated by a large spruce tree standing
in front of the Buckeye house, marked " Corner of Plumas, Butte, and Yuba;"
thence northeasterly, by direct line to the northwest corner of Sierra and the
south corner of Plumas, in Slate creek, at a j^oint where the third course or
termiuating north and south line of survey of Keddie and Church, made June
nineteenth, eighteen hundred and sixty-six, crosses said creek; thence north-
easterly up said creek, to the intersection of the first north and south line of
said survey; thence north, on said line, to the initial point thereof, being the
summit Hue of the ridge dividing the waters of Feather river from the waters
of the Yuba river; thence easterl}', on said summit line, and east to " The
Falls," about one mile below the outlet of Gold lake; thence east, to the sum-
mit of the ridge which divides Long valley from Sierra valley, this point form-
ing the most southern southwest corner of Lassen, as established in section
3912, also the southeast corner of Plumas; thence northwesterly, on the south-
western irregular line of Lassen, as established in section 3912, to the southeast
corner of Shasta, as established in section 3911; thence west on the southern
line of Shasta, to the northeast corner of Tehama, as established in section
3915; theuce southerly, on the ridge, being eastern line of Tehama and Butte,
to the jjoint of intersection of a line running northwesterly from the initial
point, at the Buckeye house, in line with said initial j)oiiit and the southern
edge of ^Talker's plains; thence on said line to the place of beginning.

County seat — Quincy.

SIERRA.

3921. Sierra.

Sec. 3921. Beginning at the south corner of Plumas, in the centre of Slate
creek, as established in section 3920; thence easterly, on southern line of Plu-
mas, as established in said section, to the range lying between townships twenty-
9ue north, range thirteen east, and township twenty-one north, fourteen east,
Mt. Diablo meridian; thence north, on said range line, to the northwest corner
of town.ship twenty-one north, fourteen east, Mt. Diablo B. and M.; thence
east on the line between townships twenty-one and twenty-two north, Mt.
Diablo base, to the state line forming the northeast corner; thence south, on
said state line, to the northeast corner of Nevada county, a point east of the
source of south fork of the middle Yuba river; thence w4.st, to the source of,
and down the soutli f(jrk and middle Yuba river, to a point ten miles above the
moutli of the latter; thence in a straight line, northerly, to a point on the north
fork of the Yuba river, known as Cuteye Foster's bar; down said river, to the
mouth of Big Canon creek; thence up said creek, four miles; thence in a
straight line to tlio place of beginning.

County seat— Dcnvnioville. [Ainendmenl, approved March IG, 1874; Amend-
menls 1873-4, ICG; took effect immediately}-^

13UTTE.

3922. BuUe.

Sec 3922. Beginning at the northwest corner of Yuba, in Feather river, at
the mouth of Houcut creek; thence northeasterly up the Honcut creek and the

(1) The original Brrctlon denrril^.l thf northerly lino corner thereof and southwest comer of LasBen; thence
U follows: thence eauterly, on Houtliern llii.- „f v\\\. tast to the Btutc line "
ram, tn eHtablluhed in said Bectlon, to the HoutheaBt

492

COUNTIES. 3922-3924

north or Natchez branch of the. same, to its source, on line estahlished l)y sur-
veyor-general on survey of Westcoatt and Henning, eighteen hundred and tifty-
nine; thence to the summit line of the ridge dividing the waters of the Yuba and
Feather rivers; thence northeasterly, up said ridge, on line of said survey, to tho
third station tree westerly from the Woodvillc house; thence in aright hue fifty
chains, more or less, to a station tree easterly from said house about twontv-
six chains, said right line passing about three chains northerly of said house;
thence northeasterly on said ridge and survey, to a point on line of said suney,
a little westerly from the village of Strawbeny valley, which point is two tliou-
sand feet distant westerly, in right line from point of highest altitude on line of
said survey east, and within three hundred yards of the village of Struwhcny
valley; thence to the common corner of Plumas, Butte, and Yuba, as estab-
lished in section three thousand nine hundred and twenty' ; thence noiihwesterly,
on southwesterly line of Plumas, as established in said section, to the most
eastern southeastei'n corner of Tehama, as established in section three thou-
sand nine hundred and fifteen, forming also the north corner of Butte; thence
southwesterly, on the southeasterly line of Tehama, to the southeast corner of
Tehama, at point of intersection of Itock creek and southern line of township
twenty-four north. Mount Diablo base; thence west on said township line to
the Sacramento river; thence down said river, to the southwest corner of the
Llano Seco grant; thence northeasterly along said grant line to its intersection
with the northern boundary of township nineteen north; thence east to "Wat-
son's bridge on Butte creek; thence on Colusa county, east line, doAvn Butte
creek, to the northwest corner of Sutter county, as established in section three
thousand nine hundred and twenty-six; thence east on north line of Sutter
county to Feather river; thence down Feather river to place of beginning.

Count}' seat — Oroville. [Amendment, approved March 7, 1874; Amendments
1873-4, 167; took effect from passage }^^

NEVADA.

3923. Nevada.

Sec. 3923. Beginning at northwest corner, at a point in the main Yuba river
at the mouth of Deer creek; thence up the Main Yuba, to the mouth of the
Middle Yuba; thence up the latter, to the mouth of the south fork of the same;
thence iip the south fork, to its source; thence east, to the eastern line of the
state, all on the southeastern and southern lines of Yuba and Sierra; thence
south, along the state line, to the northeast corner of Placer, as established in
section 3924; thence westerly, on the northern line of Placer, as established
in said section, to the source of Bear river; thence down Bear river, to a point
south of the junction of Deer creek and the Main Yuba, forming southwest
corner; thence north, to the place of beginning.

County seat — Nevada city.

PLACER.

3924. Placer.

Sec. 3924. Beginning on southwest corner, at a point where the west line of
range five east. Mount Diablo meridian, intersects the northern line of Sacra-
mento county, as established in section 3928; thence north, to the northwest
corner of township twelve north, range five east; thence east, to the southwest
corner of section thirty-four, township thirteen north, range five east; thence
north, to Bear river; thence on southern line of Nevada, up said river, to its

(a) The original section described the boundary-line Colusa, Bouthettsterly to Watson's bridge," and so on as
after striking the Sacramento river as follows: " theuce in the amendment,
down said river to Placer city; thence on line of

493

3924-3927 POLITICAL CODE.

source; thence east, in a direct line, to the eastern line of the State of Califor-
nia, fonning northeast corner; thence southerly, along said line, to the north-
east corner of El Dorado, as established in section 3927; thence westerly, on
the northern lines of El Dorado and Sacramento, as established in sections 3927
and 3928, to the place of beginning.
County seat — Aubui-n.

YUBA.

3925. Yuba.

Sec. 3925. Beginning at southwest corner, at junction of Feather and Bear
rivei's; thence up Bear river, on the line of Sutter and Placer, to southwest
corner of Nevada, as established in section 3923; thence north, on Nevada
line, to the junction of Deer creek and Main Yuba; thence up the Main to the
Middle Yuba, and up the Middle Yuba ten miles, to the southwest corner of
Sien-a, as established in section 3921; thence in direct line northerly, and on
line of Sierra, to Cuteye Foster's bar, on North Yuba river; thence down the
river to the mouth of Big Canon creek; thence up said creek four miles; thence
in direct line to south corner of Plumas and northwest corner of Sierra, in
Slate creek, as established in sections 3920 and 3921; thence northwesterly, in
a dii'ect line, to common corner of Plumas, Butte, and Yuba, in front of
Buckeye house, as established in section 3920; thence on southwestern line of
Butte, as established in Westcoatt and Henuing's survey and map, down the
Honcut creek, to its junction with Feather river; thence down Feather river, to
the place of beginning.

County seat — Maiysville.

SUTTER.

3926. Sutler.

Sec 3926. Beginning at northwest corner of Sacramento county, as estab-
lished in section 3928; thence up the Sacramento river to the mouth of Butte
creek; thence up said creek to its intersection with the south line of section
nineteen, township seventeen north, range one east. Mount Diablo base and
meridian; thence east, on section lines, to Feather river; thence down Feather
river to the mouth of Bear river; thence up Bear river to northwest corner of
Placer, as established in section 3924; thence along the western boundary of
Placer to the southwest corner thereof; thence westerly, along the northern
boundan* of Sacramento county, to the place of beginning.

County seal^ — Yuba city.

EL DOKADO.

3927. A7 Dorado.

Si.c. 3927. Beginning on the west corner, at the junction of the north and
Routli forks of the American river; thence up the north fork to the mouth of
the middle fork; thence up the middle fork to the mouth of the south fork
of the middle fork at Junction bar; thence up said last-named fork to a point
where the same is intersected by the Georgetown and Lake Bigler trail; thence
along siiid trail to Sugar Pine point, on the western shore of Lake Bigler; thence
oast to the state line; thence south and southeasterly, on the state line, to the
northern corner of Alpine, being the point where the state line crosses the east-
ern summit line of the Sierra Nevada mountains; thence soutlnvesterlv, alon"-
the western line of Alpine, as established in section 3931, to the common corner
of Aljune, Amador, and El Dorado, as established by said section; thence west-
erly, on the northern line of Amador, as established in section 3930, and down
the Cosinnnes river and south fork thereof to the eastern line of Sacramento,
as established in section 3928; thence northerly, by the eastern line of Sacra-
mento, to the south fork of tlie American river; thence down the latter to the
place of beginning.

County seat — Placerville.

494

COUNTIES. 3928-3930

SACRAMENTO.

3928. Sacramento.

Sec. 3928. Beginning- on nortliorn line of the county at a point ton niiloH north
of a point which was on tlie thirtieth of March, eighteen humlred and fiftj'-
seven, the mouth of the American river; thence easterh', to the junction of tlie
nortli and south forks of said river; thence up the principal chanjiel of the south
fork to a point one mile above the head of Mormon island, so as to include said
island in Sacramento county, forming northeast corner; thence southerly to a
jDoint on the Cosumnes river eight miles above the house of William Daylor;
thence south to Dry creek, forming southeast corner; thence down said creek
to its entrance into the Mokelumne river; thence down the Mokelumne river to
a point where said river divides into east and west branches; thence down the
east branch to its junction with the west branch; thence down said river to its
junction with the San Joaquin river; thence down the San Joaquin river to the
mouth of the Sacramento river, at the head of Suisun ba}', forming southwest
corner; thence up the Sacramento river to the mouth of Merritt's slough; thence
up said slough to the mouth of Sutter slough; thence up said Sutter slough to
the Sacramento river; thence up the Sacramento river to a point west of the
place of beginning, forming northwest corner of Sacramento county; thence
east to the place of beginning.

County seat — Sacramento city.

YOLO.

3929. Yolo.

Sec 3929. Beginning on southeast corner, at the most easterly northeast
corner of Solano, in Sutter slough, at its intersection with the first standard
north; thence west on said standard line to west line of range three east. Mount
Diablo meridian; thence north on said range line to the northeast corner of
township seven north, two east; thence west nine and seventy-two one hun-
dredths chains to southeast corner of township eight, two east; thence north
on easterly line of said township to the old bed of Putah creek; thence Avesterly
up the old bed and main Putah creek to a point on eastern line of Napa, in
the canon called Devil's Gate, where the highest ridge of mountains divides the
waters of the Sacramento from Berryessa valley, forming the most westerly of
the southwest corners of Yolo and northwest corner of Solano; thence northerly
along the highest ridge of said mountains to Cache creek; thence east to the
summit of the spur of the coast range which divides the waters flowing east
into Bear creek and Stony creek, and those flowing west into the north fork of
Cache creek; thence northerly along the said dividing ridge, following the
divide of said waters to the summit of the coast range of mountains on the
easterly line of Napa and Lake and to the southwest corner of Colusa, as estab-
lished in section 3916; thence easterly on southern line of Colusa, as established
in said section, to Sacramento river, forming the northeast corner at the pomt
of intersection of the southern line of township thirteen north, Mount Diablo
base; thence down said river to Sutter slough; thence down said sluugh to the
place of beginning.

County seat — Woodland.

[See also act of AjDril 1, 1872, ante, 3917.]

AMADOK.

3930. Amador.

Sec 3930. Beginning at southwest corner, in the Mokelumne nver, on the
eastern boundary of San Joaquin, as established in section 3932; thence up said
river to its junction with the north fork of the same; thence up the said north
fork to the line of Alpine, being at a point south of common corner of Amador,

■195

3930-3932 POLITICAL CODE.

•Alpine and El Dorado, \vliich is in the centre of the Amador and Nevada road,
iu front of Z. Kirkwood's house, as established in section 3931; thence north by
the liue of Alpine to said common corner; thence westerly along said road to a
point east of the source of the south fork of the south fork of the Cosumnes
river; thence west to said som-ce; thence down the south fork of the south fork
and the south fork and the main Cosumnes river to the eastern line of Sacra-
mento, as estabhshed in section 3028; thence by eastern lines of Sacramento
and San Joaquin to the place of beginning.
County seat — Jackson.

ALPINE.

3931. J//-M<-'.

Sec 3931. Beginning at north corner, at a point where the state line crosses
the east summit of the Sierra Nevada mountains, being the most easterly corner
of El Dorado; thence southwesterl}' along said summit to a point two miles
west of James Green's house, in Hoj^e valley, called Thompson's peak; thence
southwesterly in a direct line to a i^oiut on the Amador and Nevada turnpike
road iu front of Z. Kirkwood's house, being common corner of Amador, Alpine,
and El Dorado; thence south across the north fork of the Mokelumne river to
the road leading from West Point, in Calaveras, to Big Tree road, near the Big
Meadows; thence easterly along said West Point road to the Big Tree road;
thence easterly in a dii'ect line to where the Sonora trail strikes the middle fork
of the Stanislaus river; thence easterly along said trail to the summit of the
SieiTa Nevada mountains; thence northerly along said summit to the dividing
ridge between "West Walker and Carson rivers; thence northeasterly along said
dividing ridge to the state line, forming easterly corner of Alpine and northerly
comer of Mono; thence northwest along said state line to the place of begin-
ning.

County seat — Silver Mountain.

SAN JOAQUIN.

3932. Sun Joaquin.

Sec. 3932. Beginning at the junction of the San Joaquin and Mokelumne
rivers, on the line of Sacramento county; thence up the latter to the mouth of
Dry creek; thence up Dry creek to the southeast corner of Sacramento, as
establislied in section 3928; thence southeasterly, to a point on Mokelumne
river, being the i)oint of beginning of survey of Boucher and Wallace of line
between San Joaquin and Calaveras counties, May, eighteen hundred and sixty-
four; tlionce southeasterly, on the liue of said survey, to the extreme northern
corner of Stanislaus county, on north side of and near to Calaveras river, at a
l)oiut on western line of range ten east, Mount Diablo meridian, as established
by survey of George E. Drew, approved May, eighteen hundred and sixty, shown
ou map of Huid survey; thence south, on said range line, to Stanislaus river;
thence down said river to its confluence with the San Joaquin; thence south-
west to the summit of the coast range, as shown on survey and map of Wallace
and Stakes, May, eighteen hundred and sixty-eight, and forming the common
corner (^f San Jompiin, St;inisluus, Santa .Clara and Alameda, as shown also on
map of Boardman and Stakes, July, eighteen hundred and sixty-eight; thence
northwesterly, following the summit of the said coast range to a post near the
middle of section thiiiy-two, township four south, range four east; thence north
to the s(;jitlieast corner of Contra Costa, being a point on the west channel of
the San Joatpiin river, as laid down on Gibbe's map, at a bend where the said west
channel, running downward, takes a general course north, which point is shown
on map of Boardman and Stakes, July, eighteen hundred and sixty-eight; thence

49G

COUNTIES. 3933-3i)35

clown the said west channel to its confluence with tlio main river; tlience down
said river to the place of beginning.
County seat — Stockton.

STANISLAUS.

3933. Sfanislans.

Sec. 3933. Beginning- at common corner of Stanislaus, Santa Clara, Alameda,
and San Joaquin, on the summit of Mount Boardman, of the Mount Diablo
range, as shown on survey and map of Wallace and Stakes, IMay, eighteen
hundred and sixty- eight; thence southeasterly, on the summit line of said
range, being eastern line of Santa Clara, to the northwest corner of Merced,
forming the southwest corner of Stanislaus, as established l)y survey and map
of A, J. Stakes, July, eighteen hundred and sixty-eight; thence northeasterly,
on line as established by said last-named survey, to the junction of the Merced
and San Joaquin rivers; thence down the San Joaquin seven miles; thence in a
direct line a little north of east to a monument established by survey of A. J.
Stakes, being on the summit of the ridge between Merced and Stanislaus, and
marking common corner of Tuolumne, Merced, Marijjosa, and Stanislaus;
thence northwesterly, in a direct line^ and crossing the Stanislaus river, to
monument established by survej'^ and map of George E. Drew, May, eighteen
hundred and sixty, on the north bank of said last-named river; thence north-
westerly, on line of said survey, to its intersection with western line of range
ten east, Mount Diablo meridian, which point is marked by a monument estab-
lishing the north corner of Stanislaus county; thence south, on said range line,
to Stanislaus river; thence down the latter to its mouth in San Joaquin river;
thence southwesterly on line as surveyed and mapped by "Wallace and Stakes,
May, eighteen hundred and sixty -eight, to the place of beginning.

County seat — Modesto.

MERCED.

3934. llerced.

Sec. 3934. Beginning at northwest corner, being southwest corner of Stan-
islaus, as shovv^n on survey and map of A. J. Stakes, eighteen hundred and
sixty-eight; thence northeasterly, on southern line of Stanislaus, as described
in section 3933, to common corner of Tuolumne, Mariposa, Merced, and Stan-
islaus, as established in said section; thence southeasterly, by direct line, being
western line of Mariposa, to Phillips' ferry, on Merced river; thence south-
easterly, on line of Mariposa, being line shown on "map of Mariposa
county," to Newton's crossing on Chowchilla creek, forming southeast corner;
thence down the northern side and on high water mark, being on line of
Fresno, to the lower clump of cottonwood timber at the sink of said creek;
thence south, forty-five degrees west, to the eastern line of Monterey, on sum-
mit of coast range, forming southwest corner; thence northwesterly, by said
summit and line of Monterey and Santa Clara, to the place of beginning.

County seat — Snelling.

MONO.

3935. Mono.

Sec. 3935. Beginning at north corner on state line, being east corner of
Alpine, as established in section 3931; thence southwesterly, on the easterly
line of Alpine, as established in section ^931, to the main summit of the Sierra
Nevada mountains; thence southerly, along said summit, on easterly line of
Alpine, Tuolumne, and Fresno, to a point where the northern line of township
six south, Mount Diablo base, intersects said summit line, forming southwest
corner; thence east, on said township line, being the northern line of Inyo, to
32 497

3935-3938 POLITICAL CODE.

the eastern line of the state, forming southeast corner; tlience northwest, on
the state line, to the phice of beginning-.
County seat — Bridgeport.

CALAVERAS.

3936. Calaveras.

Sec. 393G. Beginning at southern corner, at a point in the Stanislaus river
where it intersects the eastern Hue of Stanislaus county, as established in sec-
tion 3933, being a point one mile north of Knight's ferry, and being the
western corner of Tuolumne county; thence up said river and north fork
thereof, to the easterly line of Al^Dine, as established in section 3931; thence
northerly, on the line of Alpine, to the southeast corner of Amador, as estab-
lished in sections 3930 and 3931; thence southwesterly, on the southern line of
Amador, down the Mokeluiune river, to the southwest corner of Amador, on
eastern line of San Joaquin county; thence southerly and southeasterly, on
line of San Joaquin and Stanislaus, as established in sections 3932 and 3933, to
the place of beginning.

County seat— San Andreas.

TUOLUMXE.

3937. Tuolumne.

Skc. 3937. Beginning at the most western corner, being the southern corner
(if Calaveras, as established in section 3936, in Stanislaus river; thence south-
ea.sterly to common corner of Merced, Mariposa, Stanislaus, and Tuokmme, as
established in section 3933 ; thence easterly on northern line of Mariposa,
following summit line of the dividing ridge between Tuolumne and Merced
rivers, to Mount Lyell, as marked on Warren Holt's map, eighteen hundred
and sixty-nine, and the summit of the Sierra Nevada mountains, being on the
western line of Mono and common corner of Tuolumne, Mariposa, and Fresno;
thence northerly by the line of Mono, being the summit line of the Sierra
Nevada mountains, to the southern corner of Alpine, as established in section
3931; thence northwesterly by the line of Alpine to the southeastern corner of
Calaveras; thence westerly on the line of Calaveras and down the Stanislaus
river, to the place of beginning.

Ccnuity seat — Sonora.

MARIPOSA.

3938. Mavipom.

Sec. 3938. Beginning at the initial point of Fresno county, being where the
Stockton road to Millerton crosses the Chowchilla creek, known as Newton's
crossing; thence north, forty-five degrees east, to the southwest corner of sec-
tion eleven, township six south, range twenty east. Mount Diablo base and
meridian; thence east, following section lines to main ridge between waters of
Big creek and Fresno river; thence easterly on the main ridge which divides the
waters of the Merced and San Joaquin rivers, to the intersection of the same
with the summit line of the Sierra Nevada mountains and western line of Mono,
the same itoint forming common corner of Tuolumne, Fresno, and Marii)Osa,
as dcHcribed in section 3937; thence westerly, by the southern boundary of
Tuolunjne, to the soutliwest corner thereof, being common corner of Stanislaus,
Merced, Tuolumne, and Mariposa; thence southeasterly, on western line of
Merced, as established in section 3934, to the place of beginning.

County seat — Mariposa.

Au Act U> bttter defiue the boiiudnry-liuf! of Mariposa and Fresuo counties.
Apiiroved April 1, 187'2; 1871-2, 891.

I)(')t(ri])lion of ltiiiiiirhn')j-line.

Section 1. The line at present known as the boundary line between Mari-
posa and Fresno counties, from the westerly point of junction of said counties,

498

COUNTIES. 3938-3930

running easterly to the southwest corner of section eleven and tlie nortliwcst
corner of section fourteen, in township six south, range twenty east, of M(junt
Diablo meridian; thence east to the northwest corner of section fourteen, in
township six south, range twenty-one east; thence north to the northwest cor-
ner of section thirty -five, in township five soutli, range twenty-one east; thence
east to the southwest corner of section thirty, in township five south, range
twenty-two east; thence north, to the southwest corner of the Mariposa big ti-ee
grant; thence east along the line of said grant to the soutlieast corner of said
grant; thence north along the line of said grant to the northeast corner of the
same; thence north to the original boundary-line between the counties of Mari-
j)osa and Fresno; thence along said line to the present boundary-line of Tuol-
umne county, is hereby declared and constituted the boundary-line between
said counties. [Amendment, approved February 11, 1874; 1873-4, 100; (<iok
effect from passage.'-^'*

Survey of line.

Sec. 2. The respective county surveyors of Maiiposa and Fresno counties
shall proceed to survey and comjjlete said defining line, with the necessary
monuments, prior to the first day of September, 1872. Reasonable compensa-
tion, not to exceed one hundred and fifty dollars each, may be allowed by the
supervisors of Mariposa and Fresno counties, to be paid out of the county
general funds of said counties; and in case of a disagreement, they shall be
empowered to call in a third surveyor as umpire, whose decision shall be final,
but whose services shall in no case be an additional charge.

Seg. 3. The act entitled "An Act to better define the boundary-line between
Fresno and Mariposa counties," approved March 21), 1870, is hereby repealed.

Sec. 4. This act shall take effect immediately.

FRESNO.

3939. Fresno.

Sec. 3939. Beginning at southeast corner of Merced and southwest corner of
Mariposa, being a j)oint where the Stockton road to Millerton crosses the
Chowchilla creek, known as Newton's crossing; thence westerly down said
stream, on the north side, on line of high water mark, being on southeastern
line of Merced, to the lower clumj) of cottonwood timber at the sink of said
creek; thence south, forty-five degrees west, and on line of Merced, to the
eastern boundary-line of Monterey, as described in section 3948, being on
summit of coast range; thence, following said boundary-line on said summit,
in a southeasterly direction, to a point in the same, which point is south forty-
five degrees west from the point on King's river where northern line of town-
ship sixteen south crosses the same; thence north, forty-five degrees east, to
said point on King's river; thence east, along northern line of townsliip sixteen
south, to the dividing ridge between the waters of King's river and Kawdah
river; thence easterly, on the said dividing ridge, to the summit of the Sierra
Nevada, being the western line of Inyo; thence northwesterly, on the summit
line and lines of Inyo and Mono, to Mount Lyell, the common corner of
Tuolumne, Mariposa, and Fresno; thence westerly and southwesterly, on the
southeasterly line of Mariposa, as established in section 3938, to the place of
beginning.

County seat — Millerton.

An Act to permaueutly locate the county scat of Fresno county.
Approved March 30, 1874; 1873-1, 913.

County seat.

Section 1. From and after the first day of October, a. d. 1874, the county

(a) The original section was the same, execi-t that it diO no have the words "of Tuolumne county."

i99

3939-3941 POLITICAL CODE.

seat of Fresno county sLall be located at the town of Fresno; provided, the
board of supervisors may have power to move said county seat to the said town
of Fresno at any time prior to said first day of October, a. d. 1874, if in their
iud'nnent thev mav deem it necessary and advisable.

JluihUug!^.

Sec. 2. The board of supervisors of Fresno county are authorized to forthwith
proceed to erect suitable buildings in the town of Fresno for county purposes.

Sec. 3. This act shall take effect immediately.

Au Act to establish the couuty Hue between the comities of Fresno and Tulare.
Approved March 27, 1874; 1873-4, 7(i0.

[This act was virtually repealed by the operation of the following:]

An Act to establish the county line between the comities of Fresno and Tulare.
Approved March 23, 1876; 1875-6, 397.

Buuiula7-(/-Une between Fresno and Tidare counties.

Section 1. The boundaiy between the counties of Fresno and Tulare shall be
as follows: Commencing at a point on the eastern boundary-line of Monterey
county, as described in section 3948 of the Political Code, being on the summit
of coast range, which j)oint is south forty-five degrees west from the j^oint on
King's river where the northern line of township sixteen south crosses the same;
thence north forty-five degrees east to said point on King's river; thence east
along northern line of township sixteen south, and continuing on said line to
the northwest corner of township sixteen south, range twenty-five (25) east;
thence north to the northwest corner of townshijj fifteen (15) south, range
twenty-five (25) east; thence east to the northeast corner of townshij) fifteen
south, range twenty-seven (27) east; thence north to the northeast corner of
township fourteen south of range twenty-seven east; thence east on the line
lietween township thirteen and fourteen south to the summit of Sierra Nevada,
being the western line of Inyo county.

Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its passage.

TULARE.

3940. Tulare.

Sec 394U. Beginning at southwest corner, being common corner of Monterey,
San Luis Obispo, Kern, and Tulare, and being the point where the line of the
sixth standard south crosses the summit line of the Mount Diablo range of
mountains; thence east, on said standard, to the point of intersection with
summit line of the Sierra Nevada mountains, forming the southeast corner of
Tulare and southwest corner of Inyo; tlience northwesterly, on said summit,
being on the western line of Inyo, to the east corner of Fresno, as established
in section 3939; thence on the southern line of Fresno to the eastern line of
!^Ionterey; thence southerly, on the lino of IMonterey, as established in section
3948, Ui the place of beginning.

County seat — Visalia.

[For boundary-line between Tulare and Fresno counties, see ante, 3937.]

KERN.

3941. Krrn.

Sec 3941. Beginning at northwest corner, being common corner of San Luis
Obispo, Monterey, Tulare, and Kern, as estaV,lished in section 3940; thence
east, on sixth standard south. Mount Diablo base, to the northwest corner of
San Bernardino, as established in section 3943; thence south, on the westerly

500

COUNTIES. 3941-3944

line of San Bernardino, to southern line of township nine north, San Bernar-
dino base, forming southeast corner; thence west along- said line and extension
thereof to the summit of the coast range, being on the line of Santa Barl«ira,
forming southwest corner; thence northwesterly, on said summit line, being
eastern line of Santa Barbara and San Luis Obispo, to the place of beginning.
County seat — Havilah.

INYO .

3942. Inyo.

Sec. 3942. Beginning at the southeast corner of Tulare, as established in
section 3940, being the point of intersection of sixth standard south, Blount
Diablo base, with summit line of Sierra Nevada mountains; thence east, ])y
said standard and extension thereof, to the eastern line of the state, forminf;-
southeast corner; thence northwesterly, on state line, to the southeast corner of
Mono, as established in section 3935; thence west on the southern line of Mono
to the summit of the Siei-ra Nevada mountains, being on the eastern line of
Fresno, and forming the southwest corner of Mono and northwest corner of
Inyo; thence southeasterly on said summit line to the place of beginning.

County seat — Independence.

SAN BERNARDINO.

3943. San Bernardino.

Sec. 3943. Beginning at the southwest corner, a little northwesterly of La-
guna Temecula, at a j)oint on the northern line of San Diego, as established in
section 3944, where a south line drawn from the highest peak of the Sierra de
Santiago intersects the said boundary line; thence northwesterh' on the summit
of said Sierra to the Santa Anna river, between the ranch of Sierra and the
residence of Bernardo Yerba; thence across the Santa Anna river along the
summit of the range of hills that lie between the Cayotes and Chino (leaving
the ranches Gutiveras and Ybana to the west of this line) to the southwest
corner of the ranch San Jose; thence northerly' along the eastern boundaries of
said ranch and of San Antonio and the western and northern boundaries of
Cucaimonga ranch to the ravine of Cucaimonga; thence northerly up said
ravine to its source in the coast range; thence north, on the easterh' line of
Los Angeles and Kern, to the sixth standard south, Mount Diablo base, being
the northeast corner of Kern and northwest corner of San Bernardino; thence
east by said standard line and extension thereof to the state line; thence south-
easterly on said state line to the Colorado river; thence down said river to the
northern boundary-line of San Diego county; thence westerly along the
northern boundar)'-line of San Diego county, us established in section 3944, to
the j)lace of beginning.

County seat— San Bernardino.

SAN MEGO.

3944. San Diego.

Sec. 3944. Beginning at south corner of Los Angeles in the Pacific ocean, op-
posite San Mateo point; thence northerly along the western line of rancho Santa
Margarita to the southern line of Mission Viejo or La Paz; thence along the
southern and eastern line of La Paz to a point two miles north of the south
boundary-line of township seven south, range six west, San Bernardino base
and meridian; thence northeasterly, to the southwest corner of San Jacinto
Nuevo, in to^vnship four south, range four west; thence north along west bound-
ary of said rancho to line between townships three and four south ; thence east
to line between ranges two and three west; thence north on range line to a
point where a line parallel with the southern boundary between the United
States and Mexico will just clear the rancho San Jacinto Viejo; thence north-

501

3W1-3946 POLITICAL CODE.

ensierly aloiifr such parallel line to the Colorado river; thence down that river
to its junction with the boundary-line between the United States and Mexico;
thence westerly, following that boundary-line into the Pacific ocean; thence
northerly to place of begfinning.
County seat — San Diej,'-o.

LOS ANGELES.

3945. Loi> Angeles.

Sec. 3945. Beginning- at southeast corner of Santa Barbara, in the Pacific
ocean, at a point on extension line of the northern boundary of the rancho
called Malag'a, western corner; thence northeasterly, so as to include said
rancho, to the northwest coi-ner of the rancho called Triumfo, running on
northerly line of the same to the northeast corner thereof; thence to the sum-
mit of the ridge of hills called Santa Susanna; thence in a direct line north-
westerly, to the southwest corner of Kern, as established in section 3941, form-
ing the northwest corner of Los Angeles; thence east, on southern line of Kern
to the western line of San Bernardino, as established in section 3943; thence
soutlierly, on western line of San Bernardino to its point of intersection with
northern line of San Diego, as established in said section; thence southwest-
erly on San Diego line, as established in section 3944, to northwest corner of
San Diego, in Pacific ocean; thence northwesterly, along ocean shore to place
of beginning; including the islands of Santa Catalina, San Clement, and the
islands oft" the coast included iu Los Angeles county.

County seat — Los Angeles.

SANTA BARBARA.

3946. Snida Barbara.

Sec. 3946. Beginning at the western corner of Los Angeles, as established in
section 3945; thence northerly, on westerly line of Los Angeles, as described in
said section, to the northwest corner thereof, on the summit of the coast range,
being also the southAvest corner of Kern, as established in section 3941; thence
northwesterly, on the summit line, being also on western boundary of Kern, to
a point of intersection with the southern line of township ten north, San Ber-
nardino base; thence west, on said township line, to the Santa Maria river;
thence down said river, and down the creek which divides that part of Guada-
lupe rancho known as La Larga from that known as Oso Flacco, to a point in
the Pacific ocean opposite the mouth of said creek, forming northwest corner;
thence southeasterly, by the ocean shore, to the place of beginning; including
the islands of Santa Barliara, San Nicolas, San Miguel, Santa Rosa, and Santa
Cruz.

Count}- seat — Santa Barbara.

(The county of Santa Barl)ara was divided and the ncAV county of Ventura
created out of the eastern portion by the following act:]

VENTURA.

.\ii Aft to emitf the- county of Vewturu, to estitblish the boundaries tbereof, and to provide
for its urgauizutiou.

Aiiprovfd, March 22, 1872; 1871-2, 484.

W'ulara.

Section 1. There shall be farmed (jut of the eastern part of Santa Barbara "
county a new county, to be called Ventura.

rti>ini(lari>'i<.

Sec. 2. The l)oundarics of Ventura county shall be as follows: Commencing
on the coast of the Pacific ocean, at the mouth of the Rincon creek; thence fol-
lowing up the centre of said creek to its source; thence due north to the north-

502

COUNTIES. 394G

era boundary -line of Santa BarLaia county; tbence in an easterly iliroctiou
alouf^' the said boundary-line of Santa Barbara county to tbe northeast corner
of the same; thence southerly along the line between the said Santa Barbara
county and Los Angeles county to the Pacific ocean and three miles therein;
thence in a northwesterl}' direction to a point due south of and three miles dis-
tant from the centre of the mouth of Bincon creek; thence north to the point
of beginning, and including the islands of Anacapa and San Nicolas.

County seat.

Sec. 3. The seat of justice shall be at the town of San Buenaventura until
otherwise provided by law.

Aiypointrtierd of county judge.

Sec. 4. The governor of this state shall, when this act takes effect, appoint
some suitable person, resident of Yentura county, to act as count}' judge of said
county, whose term of office shall continue until the first day of January, one
thousand eight hundred and seventy-four, and until his successor is elected and
qualified, and who shall hold his office and reside at the county seat. There
shall be chosen by the qualified electors thereof at the judicial election to be
holden in the year eighteen hundred and seventy-thi*ee, and every f<nu- years
thereafter, a county jvidge for Ventura county, whose term of office shall com-
mence on the first Monday of January succeeding his election, and continue
for the term of four years. Said county judge of Ventura county shall receive
a salary of one thousand dollars per annum, to be paid quarterly. Said county
judge shall hold the courts rec[uired by law to be held by county judges.
There shall be three regular terms of the county coui-t held in each year, said
terms to commence on the first Monday in Februaiy, June, and October; pro-
vided, however, the count}' judge may call and hold si)ecial terms of the
p)robate court whenever jDublic necessity may require. Said county judge
shall discharge all the duties required by law of county judges in this state.

Election of county officers.

Sec. 5. There shall be an election held in the county of Ventura within sixty
days from the time of the first meeting of the commissioners. There shall be
chosen at said election, by the ciualified electors of said county, one district
attorney; one county clerk, who shall be ex officio auditor, recorder, and clerk
of the board of supervisors, and ex officio clerk of the county, probate, and dis-
trict courts; one county superintendent of public schools; one sheriff, who
shall be ex officio county tax collector; one county assessor; one county treas-
urer; one county surveyor; one county coroner, who shall be ex officio public
administrator. Said county officers shall hold their respective offices until the
first Monday in March, a. d. eighteen hundred and seventy-four, and until their
successors are elected and qualified. There shall be chosen at said election, by
the qualified electors thereof, one supervisor for each suiiervisor district in said
county, who shall hold their offices as follow^s: District number one, until the
first day of January, a. n. eighteen hundred and seventj^-three; district number
two, until the first day of January, a. n. eighteen hundred and seventy-four;
and district number three, until the first day of January, a. d. eighteen hun-
dred and seventy-five; provided, that all supen-isors duly elected and qunlilied
supervisors of Santa Barbara county, residents of Ventura county, shall hold
their office for the term provided by law, upon having duly quaHfied as town-
ship officers of Ventura county. There shall be chosen at said election, by the
ciualified electors thereof, two constables and two justices of the peace for each
township; provided, however, that all constables and justices elected at tl;e
general and judicial elections held in the year a. d. eighteen hundred and

503

394G POLITICAL CODE.

:.eveiity-oue, residents of Yentnra county, shall bold their offices for the time
provided by law, upon having duly qualilied as township officers of Ventura
county for the respective townships in which they reside, as said townships
are or;^^inized by the action of the board of commissioners provided for by this
act. The term of office of the justice of the peace and constables of Ventura
county shall be the same as in other counties in this state.

Boa rj of com m iss io neis.

Sec 6. The governor shall, when this act takes effect, appoint five persons,
residents of the proposed county, who shall be and constitute a board of com-
missionei's to perfect the organization of the said county of Ventura, a majority
of whom shall constitute a quorum. Said commissioners shall meet in the town
of San Buenaventura within twenty days after their appointment, and after
being duly sworn to faithfully discharge their duties as prescribed by this act,
shall organize by electing from their number a president and clerk. They shall
then di\-ide said county into three townships, define their boundaries and desig-
nate the name of each. They shall also divide said county, by townships, into
three suj^ervisor districts, and number the same. They shall also establish elec-
tion precincts, and appoint one inspector and two judges of election for each
precinct in said county. They shall give thirty days' notice, by proclamation
in some newspaper published in the county, or if there be no newspaper pub-
lished in Ventura county, then said publication to be made in some newspaper
published in the county of Santa Barbara, of the officers to be elected, the pre-
cincts established; and the officers of election of each shall also designate the
boundaries of each district, with their names or numbers; also, bounds and
number of each supervisor district. Said commissioners shall, on the second
Monday after said election, meet at the county seat as a board of canvassers,
and proceed to canvass the election returns. Said commissioners, their presi-
dent and clerk, are hereb}' authorized and required to discharge the same duties
as are now required by law of boards of supervisors and county clerks in the
counties in this state, so far as the same applies to holding elections, canvassing
election returns and issuing certificates of election. They shall keep a full
record of all their proceedings, and file the same with the original election
returns in the county clerk's office, as soon as he shall have been qualified,
and thereupon the powers and duties of said commissioners shall cease and
terminate.

Duties of ail per vianrs.

Sec 7. It shall be the duty of the board of suj^ervusors of Ventura county,
whose election is by this act provided for, to meet at the county seat on the first
Monday of the month subsequent to their election and qualification, and elect
the member from district number one chairman. They shall then allow such
\)i:Y diem and mileage to the commissioners and officers of election as they may
think proper and just; and such allowance shall be paid by a warrant drawn in
favor of each by the proper officers. Said board, or majority of them, shall
then apjtoint two freeholders, residents of Ventura county, to act as a board of
coriimissioners, whose duty it shall be to meet a like number of commissioners,
upp(jinted by the lioard of siq)ervisors of Santa Barbara county, at a time and
l»lace agreed upon. Siich joint commissioners shall then organize by aj^point-
ing from their nnniber a president and secretary, and shall immediately proceed
to deteniijjie the indebtedness of said county at the time when this act takes
effect. After a.scertuiuing the total amount of indebtedness, they shall ascertain
the total market value of the assets belonging to the county under considera-
tion. Tljey shall also ascertain the assessed value under the assessment of
eighteen hundred and seventy-one of the property in the territory hereby set

504

COUNTIES. 349G

apart to form Ventura county. Then, after deducting the total vahie of assets
from the total amount of indebtedness, so as to ascertain the actual imlebted-
ness, the proportion due from the count}' of Ventura shall he ascertained as
follows: as the total assessed value of property in the territory taken from Santa
Barbara county to form Ventura county is to the total assessed value of said
count}', so shall be the proportion of the actual indebtedness of Ventura county
to Santa Barbara county; and when so ascertained said commissioners shall
certify to their respective boards of supervisors such amount. The board of
supervisors of Ventura county shall then cause to be issued the bonds of Ven-
tura county, payable in five years from the organization of said county, to the
county of Santa Barbara, for such sum as the commissioners certify to be due,
bearing the same rate of interest as the county of Santa Barbara is now i)aying
on such debt. Said board of supervisors shall procure and provide a suitable
place or places to be used as a court-house and jail, and for the accommodation
of the various county officers. They shall then, in accordance with the general
laws governing boards of supervisors, levy state and county taxes; provided,
that for the general fund the}' shall have power to levy not exceeding eighty
cents on each one hundred dollars of taxable property in said county. They
shall also levy a tax of ten cents upon each one hundi'ed dollars of taxable
property in said county, which shall be collected as other state and county taxes
are collected; and when so collected the same shall be set apart pro rata as a
sinking fund to liquidate the debt due from Ventura county to the county of
Santa Barbara, affected by the creation of Ventura county; and when there shall
be five hundred dollars or more placed to the credit of said county of Santa
Barbara it shall be the duty of the board of supervisors of Ventura county to
draw upon their own order such sum and purchase the warrants of said county
of Santa Barbara; and upon j:)resentation to the treasurer of the county of Santa
Barbara he shall surrender a like amount of Ventura county bonds; said bonds
shall then be canceled and on their face countersigned by the chairman of the
board of supervisors and filed in the clerk's office. Said board of supervisors
shall exercise such other powers and duties as are conferred by the general laws
on boards of supervisors in the counties of this state. The \e\\ of taxes for
the first year shall be as effective as if levied at the time provided in the general
law.

Transfer of actions.

Sec. 8. All civil actions, or proceedings in the nature of actions, whether
original or upon ajopeal, civil or criminal, which shall be pending in the district
court, county court, or probate court, in the county of Santa Barbara, at the
time of the organization of Ventura county, in which the defendants are resi-
dents of Ventura county, shall be removed for trial and final determination to
the proper courts of Ventura county on motion of any party interested; pro-
vided, that all actions commenced for the collection of taxes and licenses shall
not be removed from the courts of Santa Barbara county; provided, further,
that in all criminal causes, where the offense w^as committed within the present
limits of Ventura county, upon the application of the district attorney of Ven-
tura county, said causes shall be removed to Ventura county.

Transcript of records.

Sec. 9. All residents or i^roperty holders of the county of Ventura, upon
appHcation to the county recorder of the county of Santa Barbara, and upon
the payment of the fees required by law, shall be entitled to receive a transcript
of the record, duly attested, of any property situated in the county of Ventura,
and recorded in his office; and upon presentation of said transcript to the
county recorder of Ventura county, and upon the payment of the fees required

505

394G POLITICAL CODE.

bv law, said county recorder shall record the same, and said record shall have
tiie full force and effect of the ori<i-inal record; jn-ovided, however, the board of
supervisors of Ventura county shall, within two years, procure a suitable set of
books, and make such arraugements as they may agree upon Avith the county
recorder of Santa Barbara county for transcribing therein all necessary records,
properly certified; said records to have the same effect and force of the original
records; provided, that the expense of such records shall not exceed the sum
of four thousand dollars.

Seuaforial crnd judicial district.

Sec. 10. The county of Ventura shall be attached to and form a part of the
third senatorial district, and for judicial purjjoses, shall be attached to and
form a part of the first judicial district. The terms of the distiict court shall
be held in and for the county of Ventura on the first Monday of March, July,
and November of each year.

Election and bonds of officers.

Sec. 11. The county officers of Ventura county shall, except as otherwise
provided by this act, be elected at the same time as the county officers in other
counties of this state, and shall hold their offices for the term fixed by law.
They shall gfive bonds for the faithful discharge of their duties, to be approved
by the county judge, in the following sums: sheriff, in the sum of six thousand
dollars; as ex officio county tax collector, in the sum of fourteen thousand dol-
lai-s; the county clerk, and ex officio the recorder and auditor, in the sum of
five thousand dollars; the assessor, in the sum of five thousand dollars; the
county treasurer, in the sum of twenty thousand dollars; the county surveyor,
in the sum of two thousand dollars; the coroner and ex officio public adminis-
trator, in the sum of five thousand dollars. The supervisors of Ventura county
shall provide for the election of their successors, whose term of office shall be
three years.

Duties of officers.

Sec. 12. All officers provided for by this act shall perform duties as required
by the general laws of the state, unless otherwise provided by this act.
Salaries of snpervisoj's.

Sec. 13. The supervisors of Ventura county shall receive for their services
four dollars per day, and twenty-five cents jier mile for coming to the county
seat; provided, that for the year a.d. 1873, and every year thereafter, the per
diem and mileage of any one supervisor shall not exceed the sum of two
hundred dollars.

Salaries and fees of (fficers.

Sec, 14. The officers of Ventura county shall receive the following salaries
and fees: tlje treasurer shall receive per annum the sum of six hundred dol-
lars; the assessor shall receive per annum the sum of six hundred dollars; the
disti-ict attorney the sum of five hundred dollars; the superintendent of imblic
Hcliools the sum cjf tliree hundred dollars. The fees of all other officers shall be
the same as is ]ir(>vid('d for in an act to regulate fees of office, approved March
ij, A.D. 1870, for sinjilar officers in the county of Santa Barbara.
Notaries pnljlic.

Sec. 15. Ventura county shall be entitled to five notaries public, as provided
for by law.

School sujjerintendeul.

Sec. 10. The superintendent of public schools of the county of Santa Bar-
bara sliall furnish the superintendent of public schools of Ventura county a
certified copy of the last census lists of the- different school districts in the terri-

506

COUNTIES. 394G-3948

toiy set apart to form Ventura county, and shall dra^v liis -wan-ant on the treas-
urer of Santa Barbara county in favor of the superintendent of schools of
Ventura count}- for all money that is or may be due by apportionment, or other-
wise, to the different districts (school) of Ventura county.
DeUiiqueni taxes.

Sec. 17. All delinquent taxes due the county of Santa Barbara at the time
this act takes effect, from the persons or jiroperty in Ventura county, shall be
paid to and collected by the proper officers of Ventura county, and the auditcn*
of Santa Barbara county shall certify such delinquent taxes and tax list in
duplicate to the collector and auditor respectively of Ventura county; they
shall be collected by the officers of Ventura county in the same manner as de-
linquent taxes are collected in the other counties of the state.
Bonds.

Sec. 18. The suj)ervisors may issue Ventura county bonds in a sum not to
exceed in the aggregate twenty thousand dollars, bearing interest not to exceed
ten per cent, jier annum, paj^able in ten years from the date of their issuance;
the principal and interest of said bonds to be paid in the gold coin of the
United States; and may negotiate the same to provide a cash fund to be used
in the payment of the first exjoenses of the county and the salaries of its offi-
cers. After the issuance of said bonds, no debt shall be created by the county
of Ventura in excess of the amount of money in the treasuiy of said county.

Sec. 19. All acts and parts of acts, so far as they conflict with the provisions
of this act, are hereby repealed.

Sec. 20. This act shall take effect and be in force from and after the first day
of January, 1873.

SAN LUIS OBISPO.

3947. San Luis Obispo.

Sec. 3947. Beginning in Pacific ocean, at northwestern corner of Santa Bar-
bara, as established in section 394G; thence easterly, on the northern line of
Santa Barbara, up the Santa Maria river, to intersection of southern line of
township, ten noi-th, San Bernardino base; thence east on said line to point on
summit of coast range, forming the southeast corner, also northeast corner of
Santa Barbara; thence northwesterly on summit line, being western line of
Kern, to its intersection with sixth standard south. Mount Diablo base, being
the common corner of Tulare, Kern, Monterey, and San Luis Obispo; thence
west on said standard line and extension thereof to the Pacific ocean ; thence
southerly along the shore to the place of beginning.

County seat — San Luis Obispo.

montekey.

3948. Monterey.

Sec 3948. Beginning in Pacific ocean, at southwest corner of Santa Cruz, as
established in section 3949; thence west to the mouth of Pajaro river, on the
bay of Monterey; thence up said stream to its source, the small lake San
Felipe; thence along the northern and w^estern banks of said lake to the creek
San Felipe; thence east to the summit line of the coast range, forming northeast-
ern corner; thence southeasterly along the summit of the coast range to the sixth
standard south. Mount Diablo base, being the common corner of San Luis
Obispo, Kern, Tulare, and Monterey; thence following the northern boundaiy
of San Luis Obispo county, on said standard line and extension thereof, to the
Pacific ocean; thence along the shore northerly to the place of beginning.

Count}' seat — Monterey.

[The county of Monterey was divided and the new county of San Benito
created out of the eastern portion by the following act:]

507

3948 • POLITICAL CODE.

SAN BEXITO.
An Act to create the county of San Benito, to establish the boundaries thereof and to pro-
vide for its organization.

Approved, February 12, 1874; 1873-4, 95.

San Benito county.

Section- 1. There shall be formed, out of the eastern part of Monterey county,
a new coimty, to be called San Benito.

Boundaries.

Sec. 2. The boundaries of San Benito county shall be as follows: Commenc-
ing at a point in the centre of Pajaro river, said point being the northwest cor-
ner of the Eaucho las Arroinitas y Agua Caliente, and being on the northern
boundary-line of Monterey county, and running thence in a southerly direction
alang the southwest boundaiy of said rancho to the southwest corner thereof;
theuce southerly in a direct line to the northwest corner of the Rancho las Ver-
gelos; theuce southerly in a direct line to the summit of the Gavilan range of
mountains; and thence southeasterly along the summit of said Gavilan moun-
tains to the Chalon peak; thence southeasterly in a direct line to the division
line of the parts of the San Lorenzo Sobrantes owned respectively by Breen
and Dunn; thence along said dividing line of said rancho to the southern bound-
ary thereof; thence due south to the San Lorenzo creek; thence southeasterly up
said San Lorenzo or Lewis creek, and up the north fork thereof, to the summit
of the divide between the waters of said Lewis creek and San Benito creek;
theuce, following said divide southerly, to the eastern boundary of Monterey
county, and the summit of the coast range of mountains; thence northerly, fol-
lowing the summit of said mountains, to the southern boundary-line of Santa
Clara county; thence westerly, following the southern boundary-line of Santa
Clara county, to the place of beginning.

County seat.

Sec 3. The seat of justice shall be at the town of Hollister, until otherwise
provided by this act.

Appointment of county judge — Salary — Terms of county and probate courts.

Sec 4. The governor of this state shall, when this act takes effect, ajipoint
some suitable person, resident of San Benito county, to act as county judge of
said county, whose term of office shall continue until the first Monday of Jan-
uary, one thousand eight hundred and seventy-six, and until his successor is
elected and qualified, and who shall hold his office and reside at the county
seat. There shall be chosen by the qualified electors thereof, at the judicial
election to be holdeu in the year eighteen hundred and seventy-five, and every
four years thereafter, a county judge for San Benito county, whose term of
office shall commence on the first Monday of January succeeding his election,
and continue for the term of four years. Said county judge of San Benito
county shall receive a salary of twelve hundred dollars per annum, to be paid
montlily. Said county judge shall liold the courts required by law to be held
by county judges. There shall be four regular terms of the county court held in
each year, said terms to commence on the first Monday in February, May,
August, and November; provided, however, the county judge may call and hold
special terms of tlie jtroljate court, whenever public necessity may require.
Said county judge shall discharge all the duties required by law of county
judges in this state.

Election and ofUcrr^.

Sec 5. There shall be an election held in the county of San Benito within
sixty days from the first meeting of the commissioners hereinafter provided for.
There shall be cho.sen at said election, by the qualified electors of said county,

608

COUNTIES. 3948

one district atiovney; one county clerk, who shall be ex officio auditor, recorder,
and clerk of the board of supervisors, and ex officio clerk of the county, pro-
bate, and district courts; one county superintendent of public schools; one
sheriff, who shall be ex officio county tax collector; one county assessor; one
county treasurer; one county surveyor; one county coroner, who shall be ex
officio public administrator. Said county officers shall hold their respective
offices until the first Monday in March, a. d. eighteen hundred and seventy-six,
and until their successors are elected and qualified. There shall be chosen at
the same election, by the qualified electors thereof, one supervisor for each
supervisor district in said county, who shall hold their offices as follows: Dis-
trict number one, until the first Monday in January, a. d. eighteen hundred and
seventy-five; district number two, until the first Monday in January, a. d
eighteen hundred and seventy-six; and district number three, until the first
Monday in January, a. d. eighteen hundred and seventy-seven. There shall be
chosen at said election, by the qualified electors thereof, two constables for each
township, and one road overseer for each road district in said county; provided,
that all the justices of the peace, elected at the judicial election held in the year
A. D. eighteen hundred and seventy-three, residents of San Benito county, shall
hold their offices for the time provided by law, upon having duly qualified as
justices of the peace of San Benito county for the respective township in which
they severally reside, as said townships are organized by the action of the board
of commissioners jorovided for by this act. The terms of offices of justices of
the peace, constables, and road overseers of San Benito county, shall be the
same as in other counties of this state. At said election shall also be submitted
to the qualified electors the permanent location of the county seat of said San
Benito county, and the place receiving the highest number of votes therefor
shall be declared by the commissioners the permanent county seat of said
county.

Commissioners and duties.

Sec. 6. The governor shall, when this act takes effect, appoint five persons,
residents of the proposed county, who shall be and constitute a board of com-
missioners to perfect the organization of said San Benito county, a majority of
whom shall constitute a quorum. Said commissioners shall meet in the town
of Hollister, within twenty days after their appointment, and after being duly
sworn to faithfully discharge their duties as prescribed by this act, shall organize,
by electing from their number a president and clerk. They shall then divide
said county into townships, define their boundaries, and designate the names of
each. They shall also divide said county by townships into three supervisor
districts, and number the same. They shall also establish election precincts,
and appoint one inspector and two judges of election for each precinct in said
county. They shall give thirty days' notice, by proclamation in some news-
paper published in the county, of the officers to be elected, the precincts estab-
lished, the officers of election, and shall designate the boundaries of each
district, with their names and numbers. Said commissioners shall, on the sec-
ond Monday after said election, meet at the county seat as a board of canvass-
ers, and proceed to canvass the election returns. Said commissioners, their
president and clerk, are hereby aiuthorized and required to discharge the same
duties as are now required by law of boards of supervisors and county clerks,
in counties in this state, so far as the same applies to holding elections, can-
vassing election returns, and issuing certificates of election. They shall keep
a full record of all their iiroceedings, and file the same with the original election
returns, in the county clerk's office, as soon as he shall have been qualified,
and thereafter the powers and duties of said commissioners shall cease and
determine.

509

394S POLITICAL CODE.

Supervisors, their poicers and duties.

Sec. 7. It shall be tlie duty of the board of supervisors of San Benito count}'-,
whose election is by this act provided for, to meet at the county seat on the first
Monday of the month subsequent to their election and qualification, and elect
the member from district number one chairman. They shall then allow such
per diem and mileage to the commissioners and officers o/ election as they may
think proper and just, and such allowance shall be paid by a warrant drawn in
favor of each by the proper oflicers. The board of supervisors shall procure
and provide a suitable building or buildings, to be used as a court-house and
jail, and for the accommodation of the various county officers; and for such
purposes, they are hereby authorized to rent, or purchase, or construct suitable
buildings. And in case of purcliase or construction, said board are authorized
to issue bonds of said county, not exceeding the sum of twenty thousand dol-
lai-s, bearing ten per cent, per annum interest, and payable within such times as
the board may direct, not exceeding fifteen years from the date of issue thereof;
and, provided, that said bonds shall not be disposed of or sold on behalf of said
county for a less svmi than ninety cents on the par value thereof. The board
shall, in accordance with the general laws governing boards of supervisors, levy
state and county taxes; provided, that for the general fund they shall have
power to lev}' not exceeding ninety cents on each one hundred dollars of value
of taxable property in said county. They may also levy a tax not exceediug ten
cents upon each one hundred dollars of value of the taxable property of said
county, which, when collected, shall be set aside and known as the "Contingent
Fund," and which shall be used exclusively for the payment of necessar}'' re-
pairs upon county buildings, for the purchase of record books, stationery, fuel,
and lights for county offices; and, in case of the purchase or construction of
county buildings, and the issue of bonds in payment therefor, then the board
of supervisors are further authorized to make an additional levy, not exceeding
twenty cents on each one hundred dollars of value of taxable propei-ty of said
county, which, when collected, shall be set aside and known as the "Building
Fund," and shall be used only in the redemption of bonds issued for the pur-
pose of purchasing or constructing county buildings and paying yearly interest
thereon.

Actions removed.

Sec. 8. All actions, or proceedings in the nature of actions, whether original
or upon appeal, civil or criminal, which shall T)e jaending in the district court,
county court, or probate court, in the county of Monterey, at the time of the
organization of San Benito county, where the defendants therein reside in said
Sau Benito county, shall be removed for trial and final determination to the
proper courts of San Benito county, on motion of any party interested; and,
provided, that all criminal causes where the offense was committed within the
limits of San Benito county, shall, upon application of the district attorney of
San Benito county, be removed to San Benito county.

Tranacrijition of records.

Sec. \). The board of supervisors of San Benito county are hereby authorized
to contract with some competent person for transcribing from the records of
Monterey county such parts thereof as relate to property situated in San Benito
county, and for such purpose shall provide suitable books; and said records,
when so transcribed and certified, shall have the same force and effect as such
original records. The person so employed shall have access to said records
of Monterey county for said purpose of transcribing the same. The compen-
sation for said services shall be fixed and allowed by the board of supervisors
of San Benito county, and paid out of the general fund of said county.

510

COUNTIES. 3948

Judicial district.

Sec. 10. The county of San Benito shall be attached to and form a part of
the twentieth judicial district.

Official bonds.

Sec. 11. The county ofl&cers of San Benito county shall, except as otherwise
jn'ovided by this act, be elected at the same time as county officers in other
counties of this state, and shall hold their offices for the term fixed by law.
They shall give bonds for the faithful discharge of their duties, to be approved
by the county judge, in the following sums: the sheiiff, in the sum of eight
thousand dollars, and as ex officio county tax collector, in the sum of twenty-
five thousand dollars; the county clerk, in the sum of five thousand dollars,
and as ex officio recorder and auditor, in the sum of five thousand dollars each;
the county treasurer, in the sum of thirty thousand dollars; the district
attorney, in the sum of four thousand dollars; the county surveyor, in the sum
of three thousand dollars; the coroner and ex officio public administrator, in
the sum of five thousand dollars; each supervisor, in the sum of two thou-
sand dollars; and each justice of the peace, constable, and road overseer, in the
sum of two thousand dollars. The supervisors of San Benito county shall
provide for the election of their own successors, whose term of office shall be
three years.

Duties.

Sec. 12. All officers provided for by this act shall perform duties as required
by the general laws of the state, unless otherwise provided by this act.

SalaiHes.

Sec. 13. The officers of San Benito county shall receive the following salaries
and fees: the treasurer shall receive, per annum, the sum of one thousand
dollars; the district attorney, the sum of twelve hundred dollars; the superin-
tendent of public schools, the sum of five hundred dollars; the assessor, the
sum of one thousand dollars per annum; and each member of the board of
supervisors shall receive a per diem of five dollars for each day's services as a
member of the board, and twenty-five cents per mile in going to the county
seat to attend the sessions of said board. The fees and salaries of all officers,
except as herein specially named, shall be the same as now allowed said officers
in Monterey county for like services.

Notaries.

Sec. 14. San Benito county shall be entitled to five notaries pubhc as pro-
vided for by law.

ScJiool ceiisiis lists and moneys.

Sec 15. The superintendent of public schools of the county of Monterey
shall furnish the superintendent of public schools of San Benito county with a
certified copy of the last school census lists of the differeut school districts in
the territory set apart to form San Benito county, and shall draw his warrant
on the treasurer of Monterey county in favor of the superintendent of schools
of San Benito county, for all money that is or may be due by apportionment
or otherwise to the different school districts of San Benito county, aud the
auditor of Monterey county shall in like manner draw his warrant m favor of
the auditor of San Benito county for all money that is or may be due by
apportionment or otherwise to the different road district funds in the territory
set apart to form San Benito county, and said money shall be paid into the
treasury of San Benito county, and be properly credited to the respective
districts in said county.

511

3948-3950 POLITICAL CODE.

Delinquent iaxes.

Sec. 1<3. All delinquent taxes due to tlie county of Monterey at tbe time this
act takes effect, from tlie persons or property in San Benito county, shall be
paid to and collected by the proper officers of San Benito county, and the aud-
itor of Monterey county shall certify such delinquent taxes and tax lists in du-
plicate to the collector and auditor respectively of San Benito county. They
shall be collected by the officers of San Benito county in the same manner as
delinquent taxes are collected in other counties in this state.

Sec. 17. All acts and parts of acts, so far as they conflict with the provisions
of this act, are hereby repealed.

Sec 18. This act shall take effect and be in force from and after its passage.

Au Act siiiiijlemcntiiry to the foregoing act of February 12, ISli.
Approved March 18, 1874; 1873-4, 428.

[This act provided for a board of commissioners to determine the amount of
indebtedness as between San Benito and Monterey counties, and for ways and
means to pay the same by the issue of bonds by the county found to be indebt-
ed. It also provided for the terms of the district, county and probate coui'ts in
Sau Benito countv.

It was amended by act of March 10, 1876; 1875-6, 177, in so far as related
to the commissioners, issue of bonds and compensation of commissioners.]

SANTA CRUZ.

3949. Santa Cruz.

Sec 3949, Beginning at the south corner of San Mateo county, at a point in
the PaciHc ocean south forty -five degrees w^est, three miles from the intersection
of the east line of raucho Punta del Alio Nueva with said ocean, forming w^est-
ern corner; thence north, forty-five degrees east, to said j)oint of intersection;
thence northerly, following the eastern line of said rancho, to its intersection
with the south line of township eight south, range four west, Mount Diablo
base and meridian; tbence east to the southeast corner of said township; thence
north to the northeast corner of section twenty-five of said township; thence
east to the northeast corner of section twenty-six, township eight south, range
three west; thence north to the summit of Santa Cruz mountains, being west-
em line of Santa Clara county; thence southeasterlj^ along the summit of said
mountains, on the western line of Santa Clara, to the Pajaro river, forming
southeast corner, on north line of Monterey; thence westerly along said
river, on northern line of Monterey, to the bay of Monterey, and three miles
westerly into the ocean, forming southwest corner; thence northwesterly along
the shore to the point of beginning.

County seat — Santa Cruz.

SAX FEAKCISCO (ciTY AND COUNTY).

3950. Sri 7 1 Franciaco.

Sec 3950. Beginning at the southwest corner, being northwest corner of San
]^Iateo, in Pacific ocean, on the extension of northern line of township three
south, of Mount Diablo base; thence northerly along the Pacific coast to its
point of intersection with westerly extension of low water line on northern side
of the entrance to Sun Francisco bay, being southwest corner of Marin and
northwest corner of San Francisco; thence easterly, through Point Bonita and
Point Caballo, to the most southeastern point of Angel island, all on the line
of Marin, as established in section 3957; thence northerly, along the easterly
line of Marin, to the northwest point of Golden rock (also known as Bed rock),
being a common corner of Marin, Contra Costa, and San Francisco; thence due
southeast four and one half miles, more or less, to a point distant three statute

512

COUNTIES. 3950-2?53

miles from the natural high water mark on tlie eastei-u shore of San Francisco
bay, being a common corner of Contra Costa, Alameda, and San Francisco;
thence southeasterly, in a direct line, to a point three miles from said eastern
shore, and on the line first-named (considered as extending across said bay);
and thence west along said first-named line to the place of beginning. The
islands known as the Farralones shall be attached to and be a jDart of said city
and county.

SAN MATEO.

3951. San Mateo.

Sec. 3951. Beginning at the southwest corner, being west corner of Santa
Cruz county, as established in section 3949; thence on northwestern line of
Santa Cruz, as established in said section, to the southwestern line of Santa
Clara, being the summit line of the Santa Cruz mountains; thence northwest-
erly, by said summit line, to the source of San Francisqiiito creek; thence down
the south branch thereof, and down said creek to its mouth; thence to a point
in the middle of San Francisco bay, opposite said mouth, forming common
corner of San Mateo, Santa Clara, and Alameda; thence in a direct line to the
southeast corner of San Francisco city and county, as established in section
3950; thence due west, on southern line of San Francisco city and county, to
the southwest corner thereof; thence southerly, along the ocean shore, to the
point of beginning.

County seat — Redwood city.

SANTA CLAKA.

3952. Santa Clara.

Sec. 3952. Beginning at a point oiDposite the mouth of San Francisquito
creek, being common corner of Alameda, San Mateo, and Santa Clara, as
established in section 3951; thence easterly, to a point at the head of a slough,
which is an arm of the bay of San Francisco, at its head, making into the main
land in front of the Gegara ranches; thence easterly, to a lone sycamore tree
that stands in a ravine between the dwellings of Fluhencia and Valentine
Gregara; thence easterly, up said ravine, to the top of the mountains, and as
surveyed by Horace A. Higley, and shown on survey and map of Alameda
county, eighteen hundred and fifty-seven; thefice on a direct line easterly, to
the common corner of San Joaquin, Stanislaus, Alameda, and Santa Clara, on
the summit of the coast range, as established in section 3932; thence south-
easterly, following the summit of the coast range, to the northeast corner of
Monterey county, as established in section 3948; thence westerly, following the
northern boundary of Monterey county to the southeast corner of Santa Cruz
county, as established in section 3949; thence northwesterly, following the
summit of the Santa Cruz mountains, to the head of San Francisquito creek;
thence down said creek, to its mouth; thence in a direct line to the place of
beginning.

County seat — San Jose.

ALAMEDA.

3953. Alameda.

Sec. 3953. Beginning at the southwest corner, being the common corner of
San Mateo, Santa Clara and Alameda, as established in section 3951; thence
easterly, on northerly line of Santa Clara, as established in section 3952, to
common corner of San Joaquin, Stanislaus, Santa Clara and Alameda, as estab-
lished in section 3932; thence northwesterly, on the west line of San Joaquin
county, to the slough known as the Pescadero, being the west channel or old
San Joaquin river; thence westerly, in a straight line, until it strikes the divid-
ing ridge, in the direction of the house of Joze Harlan, in Amador valley;
33 513

3953-3954 POLITICAL CODE.

thence westerly along said ridge, crossing the gulch one half mile below
Prince's mill; thence to and running upon the dividing ridge between the red-
woods known as the San Antonio and Prince's woods; thence along said ridge
to the head of the gulch or creek (Cerrito creek) that divides the ranches of the
Peraltas from the San Pablo ranches; thence down said gulch to its mouth;
thence southwesterly to the common corner of San Francisco, Contra Costa and
Alameda, as established by section 3950; thence southerly to a point in the bay
of San Francisco that would intersect a line parallel with the north line of the
Central Pacific railroad company's wharf (as it now is) if extended westerly
five hundred feet toward Yerba Buena island; thence southeasterly in a line
parallel with the east line of the city and county of San Francisco (which is the
line now dividing said city and county from the county of Alameda) to its inter-
section with the gouth line of said city and county, as established in section
3950; thence easterly along said last-mentioned line to the northeast corner of
San ^lateo; and thence southeasterly along the eastern line of San Mateo to the
I'lace of beginning, Horace A. Higley's survey and maj) of Alameda County,
1857, are declared to contain a more particular description of the line out of the
bay of San Francisco.

County seat, city of Oakland; provided that nothing in this act contained
shall be construed to place "Yerba Biiena island," or any part thereof, outside
the limits of the city and county^ of San Francisco, but the same shall be
deemed to be within said city and county, and the westerly boundary-line of
the county of Alameda shall not come within two thousand and five hundred
feet of any part of said island. [Ajnendment, cqyproved March 30, 1874; Amend-
inenl6 1873-4, 168; took effect sixtidh day aftei- passage .^"^

CONTRA COSTA.

3954. Contra Costa.

Skc. 3954. Beginning in bay of San Francisco, at the northwest point of Red
rock, being the common corner of Marin, Contra Costa, and San Francisco, as
established in section 3950; thence up the straits and bay of San Pablo, on eastern
boundary of Marin, to point of intersection with line bearing south twenty-six and
one half degrees east, and about six and one quarter miles distant from southwest
corner of Napa county, as established in section 3958, forming common corner
of !Mann, Solano, Sonoma, and Contra Costa, as established in section 3955;
thence to the straits of Carquinez; thence np said straits and Suisun bay, to the
mouth of the San Joacjuin river; thence up said river, to the confluence of the
west and main channels thereof, as laid down on Gibbe's map; thence up the
said west channel, to a point about ten miles below Moore and Rhodes' ranch,
at u bend where the said west channel, running downward, takes a general
course ncjrth, the point being on the westerlj^ line of San Joaquin county, and
forming tlie northeast corner of Alameda and southeast corner of Contra Costa;
tlience on the northern line of Alameda, as laid down on Horace A, Higley's
map, and as established in section 3953, to the easterly line of San Francisco
city and county, as ostal>lished in section 3950; thence due northwest, along
said easterly line of San Francisco, four and one half miles, more or less, to the
])lace of beginning.

County seat — Martinez.

(n) ThonrlKinal Bfctlon after the words "down siiid i)ln(e of beginning. Horace A. Higloy's survey and

KiiMi t.. llK iiKiutli," i<r(ic<eilfd ok follow-: •' tlicncc luiip of Alimieda Conntv, 1857, are declared to <-ont;iin

^••-►tfTly t . tlic- i-ui-terly line of San Fraucihi-o, as ehtiib- a more particular dcBcription ol the line out of the bay

'!-hid In Hei tiou ;j'.t5<); theuce south<B«t<rly along tlie of San Francisco. County seat— San Leandro."

xteni line of Ban FranciHco and Hau Mateo to the

514

COUNTIES. 3955-31)50

SONOMA.

3955. Sonoma.

Sec. 3055. Beginning at northwest corner, at a point in tlie Piu-ific ocean
west of the mouth of Walhalla river; thence east to the nioiith of said river, and
up the main channel two miles; thence easterly in a direct line to the most
northern and highest peak or summit of the Redwood mountains, immediately
north of Cloverdale and Oat yalley; thence east to the western boundary of
Lake county, on the summit of the Mayacmas ridge, forming northeast corner;
thence southerly along the Mayacmas mountains, and on the western lines of
Lake and Napa counties, to the Avesterly branch of lieadwaters of Huichica
creek; thence westerly on the line of Napa county to the top of the main ridge
that divides the Huichica valley from the Sonoma valley; thence southerly
along the said dividing ridge to the tule bordering on San Pablo bay; tlience
southerly to the centre of Huichica creek; thence down said creek to its mouth,
which is the southwest corner of NajDa; thence on the line of Solano south,
twenty-six and one half degrees east, about six and one quarter miles distant
from the mouth of Huichica creek, to the point of intersection with the westerly
line of Contra Costa county, forming common corner of Marin, Solano, Contra
Costa, and Sonoma, as described in section 3954; thence following the northern
boundary of Marin westerly to the mouth of Petaluma creek; thence up said
creek to the mouth of San Antonio creek; thence up said San Antonio creek to
its head; thence in a direct line to the head of the Estero Americano, on the
line surveyed and established by William Mock, under the direction of the
survej'or-general, in the year eighteen hundred and fifty-six; thence down said
Estero Americano to its mouth; thence due west three miles to a point in the
Pacific ocean; thence northwesterly by ocean shore to the point of beginning.

County seat — Santa Rosa.

SOLANO.

3956. Solano.

Sec. 3956. Beginning at southwest corner, in San Pablo ba}', at common
corner of Contra Costa, Sonoma, Marin, and Solano, as established in section
3954; thence north, twenty-six and one half degrees west, about six and one
quarter miles on the western line of Sonoma, as established in section 3955, to
the southwest corner of Napa, at the njouth of the Huichica creek; thence east,
on southern line of Napa, to the southeast corner thereof, as established in
section 3958; thence north, on line of Napa, as established in said section, to
the first standard north; thence east, along said standard, on said Napa line, to
the summit of Vaca mountains; thence northerly, on said summit and Napa
line, to Devil's Grate, on Putah creek, Avhich point forms the northwest corner
of Solano and southwest corner of Yolo; thence easterly, on line of Yolo, down
said creek and old bed thereof, to its intersection witli western line of range
three east, Mount Diablo meridian, forming the northeast corner of Solano,
with exterior angle in Yolo; thence south, along line of Yolo, on said range
line, two and seven tenths miles, to the north line of township seven north,
Mount Diablo base; thence east, nine and seventy-two one hundredths chains,
to northeast corner of said township; thence south, to the first standard north,
Mount Diablo base; thence east, on said standard line, to the centre of Sutter
slough; thence down said slough to Merritt slough, down Merritt slough to the
Sacramento river, down the Sacramento river about thirteen miles to Suisun
bay; thence down the bay, along the centre of the main ship channel, in a
westerly course, about eighteen miles, to the straits of Carquinez; thence down
the middle of said straits, and down San Pablo bay, to the place of beginning.

515

395G-3958 POLITICAL CODE,

All these courses and lines being as shown by map and notes of William Wayne
Fitch and E. H. Marshall, surveyor and deputy surveyor of Solano county.
County seat — Fairfield.

An Act to locate the coiuity sent of Solano county.

Approved March 28, 187i; 1873-4, 783.

' nuuly seaf.

SEcnoN 1. The county seat of Solano county shall be at Fairfield, in said
county.

Rt'iiwval.

Sec. 2. The board of supervisors of Solano county, -svithin twenty days from
the passage of this act, shall cause the archives, county records, books, maps,
papers, furniture, and all other movable personal property belonging to said
county, to be removed to the county seat established by this act; and for the
purjiose of executing this provision, a special meeting of said board shall be
called in the manner prescribed by law.

Sec 3. All acts or jiarts of acts in conflict herewith are hereby repealed.

Sec 4. This act shall take effect and be in force from and after its passage.

MARIN.

3957. Jlarhi.

Sec. 3957. Beginning in the Pacific ocean, at southwestern corner of Sonoma;
thence southeastei'ly along southern line of Sonoma, as established in section
:!it.55, to the mouth of Petaluma creek; thence to common corner of Marin,
Sonoma, Contra Costa, and Solano, in San Pablo bay, as established in section
;1955; thence southerl}' along the western boundaiy of Contra Costa, in the
bay of San Pablo, to the middle of the straits of San Pablo; thence southerl}',
ill a direct line, to Invincible rock, in the bay of San Francisco, near the en-
trance of the straits of San Pablo; thence, in a direct line, to northwestern
point of Red rock; thence southerly to the extreme southeasterly point of
Angel island; thence southwesterly to the extreme end of Point Cavallo at low
water mark; thence on the line of low water mark along the northern shore of
the hay to Point Bonita, and three miles into the Pacific ocean, to the north-
western corner of San Francisco, as established in section 3950; thence north-
westerly by ocean shore to the place of beginning.

County seat — San Rafael.

NAPA.

3958. Napa.

Si:c. 3958. Beginning at southwestern corner, at a point in Huichica creek
whore the said creek empties into San Pablo bay; thence east to the mountains
ilividing Najia valley from Suisun valley, forming southeastern corner; thence
northerly along the summit line of said mountains to its intersection with the
first stuudurd north, Mount Diablo base, marked by a rock monument erected
l.y Kalpli Norris; thence east along said standard line seven and three fourth
miles to Vaca mountains, which divide the Yaca and Suisun valleys; thence
northerly along t lie main ridge of said Yaca mountains to Putah creek, at a
jioint culled the Devil's Gate; thence northerly across said creek to and along
the mountains dividing Benyessa valley from Sacramento valley to the south-
east corner of Lake; county on the western line of Yolo; thence westerly along
the southern line of Lake, as established in section 3917, to its intersection with
the eastern line of Sonoma; thence southeasterly on said line of Sonoma to the
western branch of the headwaters of the Huichica creek; thence westerly to the
main ridge that divides the Huichica valley from the Sonoma valley; thence
southerly along the said dividing ndge to the tule bordering on San Pablo bay;

51G

COUNTIES. 3958-31)72

thence southerly to the centre of tlie Huichica creek; thence down suiJ creek
to its mouth, the phice of beginning.

County seat— Napa city.

An Act to defiue the northern boundary-line of Napa count}', adjoining Luke and Yolo
counties.

Approved March 8, 1872; 1871-2, 305.

Description of boundary-line.

Section 1. The northern boundary -line of Napa and the southeasterly bound-
ary-line of Lake counties shall commence at the highest jioint of the Mount St.
Helena; thence running in an easterly direction along the present boundaiy-
line between said counties to the Buttes Canon road; thence northeasterly in a
direct line to the junction of Jericho and Putah creeks; thence up Jericho creek
to the junction of Hunting creek, in Jericho valley; thence up Hunting creek
to a lai-ge pile of rocks on the southeasterly side of the county road, at the lower
and most easterly end of Hunting valley; thence in a straight line in the direc-
tion of the intersection of Bear and Cache creeks to the county line of Yolo
county; thence along the line of Yolo county in a southeasterly direction to the
present county line dividing Yolo and Napa counties. '

Payment of claim of Lake county.

Sec. 2. The board of supervisors of Napa county shall order paid the claim
of Lake county for the sum of thirty-five hundred dollars, and the auditor of
said county of Napa shall draw a warrant for the same on the treasurer of the
said county, payable from the general fund, and the treasurer of Napa county
shall pay the same.

Sec. 3. All acts or parts of acts in conflict with this act are hereby repealed.

Sec. 4'. This act shall take effect from and after its passage.

CHAPTEE II.

GENERAL PROVISIONS RELATING TO COUNTIES.

3369. Disputed boundaries, how settled.

Sec. 3969. All common boundaries and common corners of counties not
adequately marked by natural objects or lines, or by surveys lawfully made,
must be definitely established by surveys jointly made by the surveyors of all
the counties affected thereby, and approved by the boards of supervisors of such
counties, or by a survey made by the surveyor-general, on application of the
board of supervisors of any county affected thereby.

3970. Heport to surveyor-general on disagreement of supervisors.

Sec. 3970. If the first mode is adopted, and the board of supervisors do not
agree upon and finally approve the survey, each surv^eyor must make a report
to the surveyor-general, with surveys, maps, notes, and explanations touching
disputed points.

3971. Surveyor-general to determine boundary.

Sec 3C71. Upon such reports the surveyor-general must finally determine
and establish the common boundaries and corners, if he can collate a satisfac-
tory description therefrom. If the reports are insufiicient for such purpose,
he must cause surveys to be made, and when approved by him the surveys
establish such common boundaries and corners.

3972. Approved surveys to be conclusive.

Sec. 3972. All surveys finally approved under the provisions of this chapter
are conclusive ascertainments of lines and corners included therein,

517

3973-3981 POLITICAL CODE.

3973. F<riii<-r .<nirv<ys valid.

Sec. 3973. All survevs aiul maps of Lountlary-lines heretofore legally made
ami approved, are declared valid, and tliey are prima facie evidence of the
establishraeut of such lines, except so far as ihej are inconsistent with the pro-
visions of this code. [Amendment, approved March 30, 1874; Amendments
1873-4, 54; took efect July G, 1874.'''>

3914. Co>t of aurvcy to be apportioned equally among counties interested.

Sec. 3974. The cost of making- such surveys must be apportioned equally
among the counties interested, and the board of supervisors must audit the
>ame, and the amounts must be paid out of the general county fund.

3975. Which county cnois real property when county is divided.

Stc. 3975. When a county is divided or the boundary is altered, all taxes
levied before the division was made or boundar}' changed must be collected
l>y the officers of and belong to the county in which the territory was sitiaated
liefore the division or change.

S976. Petition for change of county seat.

Sec. 397G. "VMienever the inhabitants of am^ county of this state desire to
remove the county seat of the county from the place where it is fixed by law or
otherwise, they may jiresent a petition to the board of supervisors of their
county, praying such removal, and that an election be held to determine to
what place such removal must be made.

3977. Superviso7-s to order election.

Sec. 3977. If the petition is signed by qualified electors of the county, equal
in numbers to at least three fifths of all the votes cast in the county at the last
jtrei-eding general election, the board must, within five days after receiving such
jtetition, order an election, naming the day on which it must be held, not more
than .sixty nor less than thirty-five days from the time of calling it, specifying
its object. \Amendnumt, apfjroved March 30, 1874; Amendments 1873-4, 170 ;
took e[feci July 1, 1874, in San Mateo county, and in other counties from passage. ^^^

o978. Notice of election.

Sec. 3978. Notice of not less than twenty-five clays must be given of the elec-
tion, by posting notices thereof in each election precinct within the county.
Amnulment, ajjjjroved MarcJi 30, 1874; Amoidments 1873-4, 55; took eD'ect July
'>. 1.S74."'

3979. Elfction, hnr hold and conducted.

Sec. 3979. The election must be held and conducted and the returns made in
«11 n-spects in the manner prescribed by law in regard to elections for county
■ pfBccrs.

3980. Vot(>r to vote for place he prefers.

Sec, 3980. In voting on the question, each elector must vote for the place in
tlie county which he prefers as the seat of justice, plainly designating it in his
I. allot.

3981. Notice of rt'sult .

Sec. 3981, "When tlie returns have been received and compared, and the re-
sults aKcertnined by the board, if a majority of all the votes cast are in favor of
any i)articular ])laco, the board must give notice of the result by posting notices

T' Thf; |TU'iiial Hii ti|.n hml the word " primary " iricnt-roll, fqiuil in number to at least one half of all

"".LV '"','""' .'"'^■•, *'"■ V'ttB;" but tljis amendment was Buperseded by

ih] The oriyinnl (set-tlon inntind of the wordK the ami jidmeut in the text. See poHt.
•'three fifths" had "one third." It \v«H amended by (r) The oriKinal section required notice to be Riven

anotb.r act of March 3fl, JK7« (Amrndni.ntH 1873-4, by" publication in Bonie newspaper, if there is one

r<i). so as to n quire th.- petition to b.- si(;n«d by elee. published in the county, and bv posting notices thereof

tors "whose nameb appear ou the precedlnt; assesB- In at least live public places in the county."

518

GOVERNMENT OF COUNTIES. 3981-3985

thereof in all the election precincts in the county. \Aiiwn(lment, apvrovCi.
3Iarch 30, 1874; Amendments 1873-4, 55; took rffed Jubj G, 1874.'''>

3982. Place diosen to be coimdj seal.

Sec. 3982. In the notice provided for in section 3981, the place selected to be
the county seat of the county must be so declai'ed from a day specified in the
notice not more than ninety days after the election. After the day named in
the notice the place chosen is the county seat of the county.

3983. Statement of result.

Skc. 3983. "Whenever any election has been held as provided for in the pre-
ceding sections of this chapter, the statement made by the board of supervisors,
showing the I'esult thereof, must be deposited' in the office of the county clerk,
and whenever the board gives the notice prescribed by section 3982, they mu.st
transmit a certified copy thereof to the secretary of state.

3984. No second election to be held within one year.

Sec. 3984. When the election has been hel^d and a majority of the votes are
cast for some other place than that fixed by law as the former county seat, no
second election for the removal thereof must be held within two years there-
after.

3985. Subsequent removal of county seat.

Sec. 3985. When the county seat of a county has been once removed by a
popular vote of the people of the county, it may be again removed from time
to time in the manner j^rovided by this chapter; but no election must be
ordered to effect any such subsequent removal, unless a petition praying an
election is signed by qualified electors of the county equal in number to at least
three fourths of all the votes cast at the next preceding general election; nor
unless at such election, when ordered, two thirds of all the votes cast are in favor
of some other place as the county seat of the county; and such election, when
so ordered, shall take place at the first general election held thereafter, nor
must two elections to effect such removal be held within four years. [Amend-
ment, approved February 3, 1876 ; Amendments 1875-G, 64; took effect from
passage. ^^'^

TITLE II.

Sljc (fioi^rrnmcnt of (foiintic^.

Chapter I. Counties as Bodies Corporate 4000

II, The Board of Supervisors 4022

III. County Officers 4101

IV. Salaries and Fees of Office "^328

V. Other County Charges 4343

(1.f Sual s '-.tion- on the great reai.ter thereof." to rea<l " t.vo thirds of

Sec. 3985. When the county seat of a county has been all the qnalitie.l elertors whose n»"»;';.»W';"y °» *f i'

once removed, It may be again removed, from time to preceding asseswuent-roll of tht ♦/:y"^\;. "";' ' "^^^ .".f*^.-

time, in the manner prescribed by this chapter; but tered on the gi-eat register tli"^'"!; „Zntll B«me

no election miist be ordered to effect any such subse- was superseded by an aineud.neut adopted ti same

quent removal, unless a petition praying an election is day. March ;iO. 1874 ; -V"""^"'^ L wA;":^; ^- uuUf^la

Signed by one bird of all the electors of the county instead of the above clause had the ords q«»l'fied

registered on the great register thereof; nor unless, at electors ot the county, equal in ^'"'^'jJ^'^^J':'^

such election, when ordered, a majority of all the votes three fourths^ of all the votes caet at the next preted-

cast are in favor of some other place as the county seat ing election."

519

4000-4006 POLITICAL CODE.

CHAPTER I.

COUNTIES AS BODIES CORPORATE.

4000. Krcnj county a body corporate.

Skc. 4000. Eveiy county is a body politic uiul corporate, and as such has the
powers specified in this code, or in special statutes, and such powers as are
necessarily implied from those expressed.

4001. Powers of counties, how exercised.

Sec. 4001. Its powers can only be exercised by the board of supervisors, or
by agents and oiiicers, acting under their authority, or authority of law;
invivided; however, that whenever any board of supervisors shall, without
authority of law, order any money paid as a salary, fees, or for other purposes,
and such money shall have been actually joaid; or whenever the county clerk
or county auditor has drawn any warrant or warrants in his own favor, or in
favor of any other person, without being authorized thereto by the board of
supervisors, or by the law, and' the same sball have been jDaid, the district
attorney of such county is hereby empowered, and it is hereby made his
duty, to institute suit in the name of the county, against such person or per-
.suus, to recover the money so paid, and twenty per cent, damage for the use
thereof; and no order of the board of supervisors therefor shall be necessary
in order to maintain such suit; and provided further, that when the money
has not been paid on such orders, it is hereby made the duty of the district
attorney of such county to commence suit in the name of the county for
le.straining the payment of the same, and no order of the board of supervisors
therefor shall be necessary in order to maintain such suit, [Amendment, ap-
proved March 24, 1874; Amendmerds 1873-4, 171; took effect from passage}"^

4002. Same and designation.

Sec. 4002. The name of a county designated in the law creating it is its cor-
porate name, and it must be known and designated thereby in all actions and
proceedings touching its corporate rights, property, and duties.

4003. Enumeration of powers.
Sec. 4003. It has power:

1. To sue and be sued;

2. To purchase and hold lands within its limits;

3. To make such contracts and purchase and hold such personal property as
may be necessaiy to the exercise of its j)owers;

4. To make such orders for the disposition or use of its property as the inter-
ests of its inlialntants require;

5. To levy and collect such taxes for purposes under its exclusive jurisdic-
tion a.s are authorized by this code or by special statutes.

4004. Limitation ox povera — Loaning credit.

Si..-. 4004. No county must in any manner loan or give its credit to or in aid
rjf any pereon unless it is expressly authorized by law so to do.

4005. Same — 'J'l'mjiorary loans.

Sec 4005. No money must be borrowed on a temporary loan by any county
excejit in anticii>ation of the taxes of the current fiscal year, and the same must
always ])e made payable within eight months from the time of making the loan.

4006. ClasHifwalion of counties.

Sec, 4000. For purposes other than for roads and highways the counties of
this state are clas.sified as follows:

(a) The original Bfctlon did not have the provlBO.

520

GOVEENMENT OF COUNTIES. 400G-4027

1. Those containing twenty thousand inhabitants or over constitute the first
class;

2. Those containing eight thousand and under twenty thousand iulmhitaiits
constitute the second cLass; and,

3. Those containing- less than eight thousand inhabitants constitute the third
class.

4007. Same.

Sec, 4007. Whenever a new census is taken, the counties, on the first day of
July next thereafter, are, by operation of law, classified under such census.

CHAPTER II.

THE BOARD OF SUPERVISORS.

Akticle I. Organization and Teems of Board 4022

II. General Permanent Powers 4U'l(j

III. Other Powers and Restrictions 4004

AKTICLE I.

OKGANIZATION AND TEEMS OF THE BOARD.

4022. Board, how many to compose.

Sec. 4022. Each county must have a board of supervisors, consisting:

1. In counties of the first class, of seven members;

2. In counties of the second class, of five members;

3. In counties of the third class, of three members.

[Amador county was specially declared a county of the third class by act
approved March 18, 1874; 1873-4, 443. Humboldt county was constituted a
county of the second class by act approved March 18, 1876; 1875-G, 333. J

4023. Qualifications.

Sec. 4023. Each member of the board of supervisors must be an elector of the
district he represents.

4024. Term of office.

Sec 4024. The tenn of office of a sujjervisor is three years.

4025. When number increased or decreased, what hoard must do.

Sec, 4025. If, under the classification, the number of supervisors of any
county is either increased or diminished, the board of supervisors must re-dis-
trict the county into supervisor districts, as nearly equal in population as may
be, to corresj)ond with the number of supervisors to wdaich it is, under the new
classification, entitled. If the number is increased, at the first general election
thereafter supervisors must be elected for such new districts in which no super-
visors then acting reside; and if the number is decreased, no successors must
be elected for supervisors whose terms expire until the number is decreased to
that to which the county is entitled.

4026. Vacancy in hoard, how filled.

Sec. 4026. Whenever a vacancy occurs in the board of supervisors, from a
failure to elect or otherwise, the county judge must fill the vacancy by ajijioint-
ing for the unexpired term some qualified elector of the district in which the
vacancy occurs.

4027. Members, how classified for election.

Sec. 4027. The members of the board of supervisors must be by themselves
so classified that a number as nearly equal as may be must be elected each year;
the member longest in commission is the chairman of the board; and when two
or more commissions expire at the same time, the board must elect a chau'man

521

4027-4032 POLITICAL CODE.

from those holding the oldest commissions. A supervisor appointed to fill a
vacancy is not the holder of the oldest commission, under this section, unless all
the suiieiTisors are similarl}' situated.

4028. Chairman, permanent and iemporarij.

Sec. 4028. The chairman must preside at all meetings of the board, and in
ca.^e of his absence or inability to act, the members j^resent must, by an order,
select one of their number to act as chairman temporarily. Any member of the
board may administer oaths to any person concerning any matter submitted to
them or connected with their jDOwers or duties.

4029. Clerk, rcho is, and his compensation.

Sec. 4029. The clerk of the county is ex officio clerk of the board of super-
risoi-s. The records must be signed by the chairman and the clerk. The clerk
must be jiaid such compensation as is provided by law, in full for all services
am clerk of the board.

4030. Indies of clerk.

Sec. 4030. The clerk of the board must:

1. Eecord all the proceedings of the board;

2. Make full entries of all their resolutions and decisions on all questions
concerning the raising of money for, and the allowance of accounts against the
county;

3. Record the vote of each member on any question upon which there is a
division, or at the request of any member present;

4. Sign all orders made and warrants issued by order of the board for the
payment of money, and when he is not also the county auditor, certify the
same to that officer;

5. Record the reports of the county treasurer of the receipts and disburse-
ments of the county;

G. Preserve and file all accounts acted upon by the board;

7. Preserve and file all petitions and applications for franchises, and record
the action of the board thereon;

8. Record all orders levying taxes; and,

9. Perform all other duties required by law or any rule or order of the board.

4031. Books to be kept by the board.

Sec 4031. The board must cause to be kej)t:

1. A "minute book," in which must be recorded all orders and decisions
made by them, and the daily proceedings had at all regular and special
meetings.

2. An "allowance book." in which must be recorded all orders for the allow-
ance of money from the county treasury, to whom made, and on what account,
dating, numbering, and indexing the same through each year.

3. A "road book," containing all proceedings and adjudications relating to
the establisliment, maintenance, change, and discontinuance of roads, road dis-
tricts, and overseers thereof, their reports and accounts.

4. A " franchise book," containing all franchises granted by them, for what
puri^ose, the length of time and to whom granted, the amount of bond and
license tax required.

5. A " warrant book," to be kept by the county auditor, in which must be
entered, in the order of drawing, all warrants drawn on the treasury, with their
number and reference to the order on the minute book, with the date, amount,
on what account, and name of payee.

4032. Ji'i'f/idar vieelinf/sji.rcd.

Sec 4032. The regular meetings of the boards of supervisors must be held
at their respective county seats on the first Mondays in May, August, Novem-

522

GOVERNMENT OF COUNTIES. 4032-404G

ber, and February of eacb year, and must continue from time to time until all
the business before them is disposed of. Such other meetiiiys must be lield, to
canvass election returns, equalize taxation, and other purposes, as are pre-
scribed in this code or provided for by the board.

4033. Other r'egidar meetings may be fixed.

Sec. 4033. In the counties of the first and second classes additional regular
meetings, not exceeding two in each year, may be provided for, fixed, and held
for the transaction of business by an order duly entered of record, in which
must be sjDecified the character of business to be transacted at such additional
regular meetings, and none other than that specified must be transacted.
Notice of the order fixing such additional meetings must be published for
four weeks, in a paper published in the county, before the ordinance is
effective.

4034. Sj:>ecial meetings, how called.

Sec. 4034. If at any time after the adjournment of a regular meeting the
business of the county requires a meeting of the board, a special meeting may
be ordered by a majority of the board. The order must be entered of record,
and five days' notice thereof must, by the clerk, be given to each member not
joining in the order. The order must specify the business to be transacted,
and none other than that specified must be transacted at such special meeting.

4035. Ileetings and r^ecords jniblic.

Sec. 4035. All meetings of the board must be public, and the books, records,
and accounts must be kept at the office of the clerk, open at all times for public
inspection free of charge.

ARTICLE II.

GENERAL PERMANENT POWERS.

4046. General pervianeni poioers.

Sec 4046. The boards of supeiwisors, in their respective counties, have juris-
diction and j)Ower, under such limitations and restrictions as are prescribed by
law:
To supervise official conduct of county officers.

1. To supervise the official conduct of all county officers, and officers of all
districts and other subdivisions of the county charged with assessing, collect-
ing, safe keeping, management, or disbursement of the public revenues; see
that they faithfully perform their duties; direct prosecutions for delinquencies;
and when necessary, require them to renew their official bonds, to make reports,
and to present their books and accounts for inspection.

To district county.

2. To divide the counties into townships, school, road, and other districts
required by law, change the same and create others, as convenience requii-es.

To create election precincts.

3. To establish, abolish, and change election precincts, and to appoint inspect-
ors and judges of elections, canvass all election returns, declare the result, and
issue certificates thereof.

Roads, bridges, etc.

4. To lay out, maintain, control, and manage public roads, turnpikes, ferries,
and bridges within the county, and levy such tax therefor as authorized by law.

Indigent sick.

5. To provide for the care and maintenance of the indigent sick, or the other-
wise dependent poor of the county; erect, officer, and maintain hospitals there-

523

4046 POLITICAL CODE.

for, or otherwise in-ovide for tlie same; and to levy the necessary tax therefor,
lier capita, not exceeding three dollars, and an ad valorem tax not exceeding-
one fifth of one per cent. , or either of such levies, when both are not required,
on all taxpayers and taxable property of the county.

To provide county farm.

G. To provide a farm in connection with the county hospital, and make
regulations for working the same.
To proi'ide rooms for count ij jnirposes.

7. "When there are no necessary county buildings, to provide suitable rooms
for county pui-poses.

Acquire property for the county.

8. To purchase, receive by donation, or lease any real or personal property
necessary for the use of the county, preserve, take care of, manage, and control
the same; but no jDurchase of real i^roi^erty must be made unless the value of
the same has been previously estimated b^' tliree disinterested citizens of the
county, appointed by them for that i3urpose, and no more than the ajDpraised
value must be paid therefor.

Provide county buildings.

9. To cause to be erected and furnished a court-house, jail, hospital, and
such other jiublic buildings as may be necessary.

May sell county property.

10. To sell at public auction at the court-house door, after thirty days' i:»re-
vious notice given by publication in a newspajDcr of the county, or posted in
five public places of the county, and convey to the highest bidder, for cash, any
property, real or personal, belonging to the county, j^aying the proceeds into
the county treasury for the use of the count}'.

Audit accounts of officers.

11. To examine and audit the accounts of all officers having the care, man-
agement, collection, or disbursement of moneys belonging to the county, or
approjiriated by law or otherwise for its use and benefit.

Allow accounts.

12. To examine, settle, and allow all accounts legally chargeable against the
county, excejjt salaries of officers, and order warrants to be drawn on the county
treasurer therefor, and provide for the issuing of the same.

Levy tax for current expenses.

13. To levy such tax annually on the taxable proj^erty of the county as may
1)6 necessary to defray the current expenses thereof, including salaries other-
wise unprovided for, not exceeding one dollar on every one hundred dollars of
value for any one year; and to levy such taxes as arc required to be levied by
special or local statutes.

Board (f Cfjualization.

14. To equalize the assessments.

To direct h'yal proceedings.

lo. To direct and control the prosecution and defense of all suits to which
the county is a party.

To inHure property.

10. Tu insure the county buildings in the name of and for the benefit of the
county.

To grant franchises.

17. To grant licf-nses and franchises, as provided by law, for constructing,
keeping, and taking t(dls on roads, bridges, ferries, wharves, chutes, and piers.

524

GOVERNMENT OF COUNTIES. 404G-4047

Plx compmHation of officers.

18. To fix the compensation of all county officers not othenvise in this code
or by general or special law fixed, and provide for the payment of the same.
To fill vacancies.

19. To fill by appointment all vacancies that may occur in county or town-
ship offices, except those of county judge or supervisor.

To ordain hccdlli regidations.

20. To adapt to the county the provisions in this code, for the preservation
of the health of San Francisco or Sacramento, for such limited time as they
may deem proper, and to provide for the exjienses thereof.

To contract for printing.

21. To contract for the county printing, and provide books and stationery for
county officers.

To publish proceedings.

22. At the adjournment of each session of the board to cause to be published
in a newspaper or otherwise a fair statement of all their proceedings, and semi-
annually a statement of the financial condition of the county.

3Iay ordain certain regulations.

23. To make regulations for the destruction of gophers, squirrels, other wild
animals, and noxious weeds, and to levy a special tax of not exceeding three
cents on each one hundred dollars of taxable property, wherewith to pay
rewards therefor. To make regulations for the protection of game, fish, and
shellfish, and for the prevention of injuries to sheep by dogs, and to tax dogs,
and direct the application of the tax. "When such regulations are made as
provided in this section relating to game and fish, the laws of the state for the
protection thereof are suspended in such county.

3Iay ordain rides to govern hoard.

24. To make and enforce such rules and regulations for the government of
their body, the preservation of order, and the transaction of business, as may
be necessary.

May provide a seal.

25. To adopt a seal for their board, a description and impression whereof
must be filed by their clerk in the offices of the county clerk and secretaiy of
state.

May do all other acts required or necessary.

26. To do and perform all other acts and things required by law not in thi.s
title enumerated, or which may be necessary to the full discharge of the duties
of the chief executive authority of the county government.

4047. Powers of hoard of supervisors.

Sec. 4047. The board of supervisors shall have power to direct the sheriff to
attend in person, or by deputy, all the meetings of the board, to preserve order,
serve the notices or citations, as directed by the board. And the board shall
have the same power to punish for contempt, by fine and imprisonment, as is
now exercised and allowed by law to county courts, to require obedience to
their citations, and decorum in their meetings. [:Seio section, ai^proved March
18, 1874; Amendments l^l^-l, 172; took effect from passage.

4047. Contracts, how made.
Sec. 4047. All contracts for:

1. County printing;

2. Books and stationery; and,

3. Supplies for county institutions; must be made with the lowest bidder;

525

4047-4071- * POLITICAL CODE.

and after ten days' public notice that such contract Avill be let, the bidding must
be by sealed in'oposals. \New section, approved Mirch 30,1874; Amendments
1873-4, 5G; took effect Jidy G, 1874.

ARTICLE III.

OTHEn POWERS AND RESTRICTIONS.

4064. Provide appliances for holding elections.

Sec. 40G4. The board must provide all poll lists, poll books, blank returns
and certificates, proclamations of elections, and other appropriate and neces-
sary aj^iiliances for holding all elections in the county, and allow reasonable
charges therefor, and for the transmission and return of the same to the proper
officers,

4065. Certijicates issued as board of canvassers.

Sec 40G5. Whenever, as canvassers, the board of supervisors have declared
the residt of an election held in the county, certificates must be by their clerk
is.sued to all persons elected to a county office or to a township or district office
therein, and such other certificates must be made out and transmit,ted as required
by the title relative to "Elections."

4066. Appointments must be made on petition.

Sec 40G6. No appointment to fill a vacancy in office must be made by the
board except upon petition, signed by at least thirty qualified electors of the
county, if for a county office, or by not less than fifteen of the qualified electors
of the township or district, if for a township or district office.

4067. Power to require attendance of ivitnesses.

Sec. 40G7. The board may, by their chairman or the chairman of any com-
mittee, issue subpcenas to compel the attendance of any person and the pro-
duction of ail}- books or papers relating to the affaii's of the county, for the
puri^o-se of examination upon any matter within their jurisdiction.

4068. Kraminalion of witnesses.

Sec 4UG8. A witness is bound to attend, when served, and to answer all
questions which he would be bound to answer in the same case before a court
of justice. Disobedience to the subpoena, or to an order to attend, or to tes-
tify, may be enforced by the board, and for that purjwse the board has all the
jjowers conferred by, and the witness is subject to all the provisions of, Chap-
ter II, Title III, Part IV, of the Code of Civil Procedure. [See post, 11,985.]

4069. Officers and icilnesscs not to be prepaid.

Sec 40G!). Neither the officers serving subpoenas nor the witnesses subpoenaed
to testify in relation to matters of j)ublic concern before the board of super-
visors are entitled to have their fees prepaid, but officers must serve the subpcenas
and witnesses must attend without their fees being prepaid. The board must
all<jw tlieni reasonable compensation for services and attendance.

4070. Wlieii board must not allow claims or contract debts.

Sec. 4070. The board must not for any i^urpose contract debts or liabilities,
excejit in pursuance of law or under ordinances of their own, adopted in accord-
ance with the powers licnin conferred; and whenever debts and liabilities have
l>een created which, added to the salaries of county officers, and other esti-
mated liabilities fixed by law for the remainder of the year, equal in the aggre-
gate the revenue of the cminly for current expenses, no further allowance of
any actcounts must be made.

4071. Count ij not to pi'eKrid crrlain claims against county.

Sec. 4071. No county officer shall, except for his own service, present any

52G

GOVERNMENT OF COUNTIES. 4071-4078

claim, account, or demand, for allowance against the county, nor in any way
advocate the relief asked on the claim or demand made b}' another. Any citi-
zen and taxpayer of the county in which he resides may appear before the
board and oppose the allowance of any claim or demand made against the
county. [Amendment approved April 1, 187G; J mendme?i/s 1875-0, (55; (ooke/J'cct
sixtieth day after passage.'-"^

4072. Account, how made and prosecuted.

Sec. 4072. The board of supervisors must not hear or consider any claim in
favor of an individual against the county iinless an account properly made out,
giving all items of the claim, duly verified as to its correctness, and that the
amount claimed is justly due, is presented to the board within a year after the
last item of the account accrued.

4073. Account must be filed prior to session.

Sec. 4073. No account must be necessarily passed upon by the board unless
made out as prescribed in the preceding section and filed by the clerk at least
one day prior to the session at which it is asked to be heard.

4074. What claims to he rejected — Proceedings on part allowance.

Sec. 4074. When the board finds that any claim presented is not payable by
the county, or is not a proper county charge, it must be rejected; if they find
it to be a proper county charge, but greater in amount than is justly due, the
board ma}' allow the claim in part, and draw a warrant for the portion allowed,
on the claimant filing a receipt in full for his account. If the claimant is un-
willing to I'eceive such amount in full payment the claim may be again consid-
ered at the next regular succeeding session of the board, but not afterwards.

4075. Claimant may sue, when, and xohen recover costs.

Sec 4075. A claimant dissatisfied with the rejection of his claim or demand,
or with the amount allowed him on his account, may sue the county therefor
at any time within six months after the final action of the board, but not after-
ward; and if in such action judgment is recovered for more than the board
allowed, on presentation of the judgment the board must allow and pay the
same, together with the costs adjudged; but if no more is recovered than the
board allowed, the board must pay the claimant no more than v/aa originally
allowed.

4076. What ivarrants must specify; how presented and p^aid.

Sec 4076. AVarrants drawn by order of the supervisors on the county treas-
ury for the current expenses during each year, must specify the lial)ility for
which they are drawn, and when they accrued, and must be paid in the order
of presentation to the treasurer. If the fund is insufiicient to pay any war-
rant, it must be registered, and thereafter paid in the order of its registration.

4077. In what transactions supervisors not lo he interested.

Sec 4077. No member of the board must be interested, directly or indirectly,
in any property purchased for the use of the county, nor in any pm-chase or sale
of property belonging to the county, nor in any contract made by the board or
other person on behalf of the county, for the erection of public buildings, the
opening or improvement of roads, or the building of bridges, or for other
purposes.

4078. Transfer of application, in lohat cases made.

Sec 4078. Whenever an application is made to the board for an order, fran-
chise or license, relating to any toll road, bridge, ferry, wharf, chute, pier or
other subject over which the board has jurisdiction, in which a majority of the
board are not disinterested, the application, by order of the board, must be

(a) The original section consisted of the last sentence alone.

527

4078-4085 POLITICAL CODE.

transfen-ed to the l.ioard of supervisors of an adjoining county; tlie clerk of the
board must thereupon certify the application and all orders and papers relating
thereto to the board to ^vhich tlie transfer is ordered; and thereafter the board
to ^Yhich the same is certified has full jurisdiction to hear and determine the
application. In the cases mentioned in this code wherein the county judge may
act for an interested supervisor, no transfer of the application need be made
unless the judge is also interested.

4079. yolices, how given.

Sec. -4079. All pubHc notices of proceedings of, or to be had before, the board,
not otherwise specially provided for, must be posted at the court-house door,
and in each election precinct in the county. [Amendment, approved March 30,
1874; Amendments 1873-4, 56; took effect July Q>, 1874.^''

4080. Provide for cultivating sltade and ornamental trees.

Sec. 4080. The board, under such regulations as they may adopt, must en-
courage the planting and jn-eservation of shade and ornamental trees on the
public roads and highways, and on and about the public grounds and buildings
of the county, and pay to persons planting and cultivating the same, for every
living tree thus planted, at the aye of four years, the sum of one dollar.

4081. Hequire assessqrs to report statistics.

Sec 4081. The board must require assessors to report to the surveyoi'-general
annually a time statement of the agricultural and industrial pursuits and j^rod-
ucts of the county, with such other statistical information as they may by
ordinance direct, and enforce obedience of the assessor thereto by deducting
such i^roportion of his compensation as assessor as to them may seem a2:)propri-
ate, for a failure to comply with the order.

4082. Claims in favor of supervisors.

Sec 4082. All claims against the county presented by members of the board
of supervisors for per diem and mileage or other service rendered by them,
must be verified as other claims, and must state that the service has been actu-
ally rendered.

4083. Annual statement, when made and what to contain.

Slc. 4083. The board must have prej^ared b}- the clerk, and when he is not
also auditor then by that officer, and under their direction, prior to their an-
nual August meeting, a statement showing:

1. The indebtedness of the county, funded and floating, stating the amount-
of each class and the rate of interest borne by such indebtedness or any j^art
thereof;

2. A concise desci-iption of all iiroperty owned by the county, with an approx-
imate estimate of the value thereof, and the amount of cash in the county treas-
ury and its several funds.

4084. Jtrceive and apphj donations of land, etc., to specific purposes.

Sec 4084. The board must receive from the United States or other sources,
lands and other property gi'anted or donated to the county for the purpose of
aiding in the erection of county buildings, roads, bridges, or other specific pur-
I>oses, and may use the same therefor, and may provide for the sale of the same
an<l the application of the proceeds thereof.
408.C). Improve streams not navigable.

Sec. 408o. The Ixjurd may provide for widening, deepening, straightening,
removiii;,' obstructions from, and otherwise improving, all streams within the

(11 Tt.. f.rlt/iniil FL-rtlnn pmvld.il Hint the notir.s copies Uiercof must be posted at the cotirt-house door,
r«-f. md to ■• iiiiiht bi- i.ubll»ln-d In k ii<w>i,.ipLr pub- and at two other public nlates in tlie county."
Uubcd In tbe county; if tUcrelBDOBurh utwhpnper, then

528

GOVERNMENT OF COUNTIES. 4085-4103

county, for use as public highways for rafting and lioating himhor, when such
streams are not declared by law to be and are not in fact navigable for conuner-
cial purposes, and provide regulations for the use thereof; but no regulations of
the board, nor improvements directed, must in any manner interfere with the
private rights or privileges of riparian owners, miners or others.

4036. What may be recovered on bond.

Sec. 4086. Any supervisor who neglects or refuses to perform any duty im-
posed on him, without just cause therefor, or who willfully violates any law pro-
vided for his government as such officer, or fraudulently or corruptly perfonns
any duty imjiosed on him, or willfully, fraudulently, or corruptly attempts to
perform an act, as supervisor, unauthorized by law, in addition to the penalty
provided in the Penal Code, forfeits to the county five hundred dollars for
every such act, to be recovered on his official bond, and is further liable on his
official bond to any j)erson injured thereby for all damages sustained.
4087. Chapter does not apply to San Iranciaco.

Sec. 4087. This chapter does not apply to the city and county of San Fran-
cisco.

CHAPTEE III.

COUNTY OFFICERS.

Aeticle I. Genesax, Provisions 4101

II. County Judge 41 34

III. County Tkeasuekr 4144

IV. Sheriff 4175

V. County Clerk ... 4204

VI. County Auditor 4215

VII. County Recorder 4234

VIII. District Attorney 4256

IX. County Surveyor 4268

X. Coroner 4285

XI. Assessors, Tax Collectors, School Superintendent, Public Adminis-
trator, AND Commissioner of Highways 4300

XII. Constables, Justices of the Peace, and Inferior Officers 4314

ARTICLE I.

GENERAL PROVISIONS.

4101. Age, citizenship, and residence, as to county officers.

Sec 4101. No person is eligible to a county office who at the time of his
election is not of the age of twenty-one years, a citizen of the state, and an
elector of the county in which the duties of the office are to be exercised.

4102. Same, as to district and township officers.

Sec 4102. No person is eligible to a district or township office who is not of
the age of twenty-one years, a citizen of the state, and an elector of the dis-
trict or township in which the duties of the office are to be exercised or for
which he is elected.

4103. County officers enumerated.

Sec 4103. The officers of a county are:

A county judge;

A treasurer;

A county clerk;

An auditor;

A sheriff;

A tax collector;

A district attoi'ney;

34 " 529

4103-410G POLITICAL CODE.

A recorder;
Au assessor;
A surveyor;

A school superintendent;
A coroner;

A public administrator;
A board of supervisors; and
—In counties of the first class, for highway purposes,
A commissioner of highways,

4104. Tou-)if<hip and olher inferior officers.

Sec. 4104. The officers of townships are two justices of the peace, two con-
stables, and such other inferior and subordinate officers as are provided for
elsewhere in this code, or by the board of supervisors.

[For reference to si:)ecial acts changing the above provision in certain coun-
ties, See under post, 4109.]

4105. Offices united and consolidated.

Sec. 4105. In all the counties of the third class:

1. The county clerk shall be ex officio auditor and recoi'der;

2. The sherift" shall be ex officio tax collector; and

3. The coroner shall be ex officio jDublic administrator.
410G. Coiisolidatiug offices by the board.

Sec. 41Uti. By an ordinance adopted, recorded, and published at least three
months prior to a general election at which county officers are to be elected,
the boards of supervisors of counties of the second class may unite and consol-
idate certain offices by declaring that:

1. The recorder elected shall be ex officio auditor;

2. The county clerk elected shall be ex officio auditor and recorder;

3. The sheriff elected shall be ex officio tax collector; and,

4. The coroner elected shall be ex officio public administrator.

An Act to provide for public adiuiiiistiators iu certain cases.
Approved March 30, 1872 ; 1871-2, 796.

Public adminidrators failing to qualify.

Section 1. If the public administrator of any county of this state fails to
qualify, or in person fails to j^eiform the duties of his office, the coroner of such
county shall be ex officio public administrator; and in case both j^ublic admin-
istrator and coroner fail to qualif}', or to perform the duties appertaining
thereto, the supervisors shall appoint a suitable person to be public adminis-
trator; and all laws applicable to the qualification, powers, duties, and com-
pensation of public administrator shall apply to the coroner or appointee of the
supervisors as aforesaid.

Skc. 2. This act shall take effect and be in force from and after its passage.

(In reference to the officers mentioned in the foregoing two sections there are
in force iu some of the counties special acts, which may here be referred to, as
follows:]

Mendocino coitnty.

An .'\ct to 8ei)arato the office of county recorder from the office of county
clerk in the county of Mendocino, approved January 8, 1872; 1871-2, 17.
(!outra Coxfa county.

An Act to authorize the public administrator of Contra Costa county to act
as coroner, approved February 28, 1872; 1871-2, 170,
Solnno county.

An Act to better define the duties and fix the compensation of certain offi-
cers of Soliino county, approved March 27, 1872; 1871-2, G24,

530

GOVERNMENT OF COUNTIES. 4106

An Act making tlie county recorder of Solano county ex oflicio auditor of said
county, and fixing his compensation, approved January 28, 1H7G; 1875-0, 14.
Tulare couniy.

An Act to separate the office of count}' recorder from the office of county
clerk in the county of Tulare, approved February 4, 1874; 1873-4, GO.
Stanidaus count ij.

An Act to separate the office of county recorder from the office of county
clerk, and to regulate the salaries of certain officers of the county of Stanislaus,
approved March 4, 1874; 1873-4, 277; ameuded March 18, 1874; 1873-4, 448.

An Act concerning the offices of public administrator, coroner, and superin-
tendent of public schools of the county of Stanislaus, approved March 23, 1874;
1873-4, 537.

Merced county.

An Act to separate the office of county recorder from the office of county
clerk, and to regulate the salaries of certain officers of the county of Merced,
approved March 26, 1874; 1873-4, 6G0.
San Joaquin couniy.

An Act making the county treasurer of San Joaquin county ex officio tax
collector and the recorder ex officio county auditor, apj)roved March 26, 1874;
1873-4, 692.

Placer county.

An Act consolidating the offices of sheriff and tax collector in the county of
Placer and making the sheriff ex officio tax collector, aj^proved March 27, 1874;
1873-4, 709.

Tehama county.

An Act making the treasurer of Tehama county ex officio tax collector and to
provide for certain fees in office, aj^proved March 30, 1874; 1873-4, 790;
ameuded by act approved March 11, 1876; 1875-6, 232.
Santa Clara county.

An Act in relation to the county officers of Santa Clara county, their fees and
salaries, approved February 10, 1876; 1875-6, 35.

[See also a previous act of the same title, apj)roved March 25, 1876; 1875 6,
610. 1

Taolurtine county.

An Act regulating the salaries of certain officers of Tuolumne county, ap-
proved February 10, 1876; 1875-6, 45.

Fresno, Tulare, ayid Kern counties.

An Act to separate the office of county auditor from the office of county
recorder, and to regulate official salaries in the counties of Fresno, Tulare, and
Kern, approved March 8, 1876; 1875-6, 151; amended by act approved March
20, 1876; 1875-6, 363.

Alameda county.

An Act to amend an act entitled An Act to fix the salaries of certain officers
in the county of Alameda, and for other purposes, aj^proved February 27, 1874,
approved March 8, 1876; 1875-6, 160.

San Diego couniy.

An Act to provide for the government of the county of San Diego, ai^proved
March 30, 1876; 1875-6, 558.

Santa Cruz county.

An Act in relation to the county officers of Santa Cruz county, their fees and
salaries, approved March 30, 1870; 1875-6, 576.

531

4106-4109 POLITICAL CODE.

Lalcp count ij.

An Act concerning county officers of Lake county, and to regulate tlie fees
and salaries thereof, approved ^Maroh 31, 1876; 1875-6, 599.

iian Luis Obi-^po county.

An Act fixing the salaries and compensation of certain officers of San Luis
Obisjjo county, approved March 31, 1876; 1875-6, 608.

Jiulle county.

An Act to amend an act entitled An Act to fix the salaries and compensation
of certain officers of Butte county, approved March 27, 1874, approved April
3, 1876; 1875-6, 906.

4107. Oiiiii'mtn to com^oUdate.

Sec. 4107. When there is an omission by the board of supervisors to consol-
idate and to advertise the consolidation of offices as in the preceding sectioii
authorized, each office not so consolidated must be filled by an election.

4108. Oatli, bond, and fees of consolidated offices.

Sec. 4108. "When offices are united and consolidated either by the code or by
order of the supervisors, the person elected to fill the offices so united and
consolidated must take the oath and give the bond required for each, dis-
charge all the duties peiiaining to each, and receive the compensation affixed
to the offices.

4109. County officers, except, etc., when elected and term of office.

Sec 4109. All county and township officers, excejit judicial officers, assessors,
and supei'visors, must be elected at the general election held in September,
eighteen hundred and seventy-three, and every two years thereafter, and hold
office for two years from the first Monday of March next after their election;
and the officers now holding shall continue in office until the first Monday in
March, a. d. eighteen hundred and seventy -four, except assessors, as herein-
after provided. Assessors must be elected at the general election held in Sep-
tember, eighteen hundred and seventy-five, and every four years thereafter,
and hold office for four years from the first Monday of March next after their
election, except that, in the city and county of San Francisco, the assessor
holds his office for the term of four years from the first Monday of December
next after his election. Evei-y assessor now in office must hold his office, and
exercise the duties thereof, until his successor is elected at the general election
in September, eighteen hundred and seventy-five. The provision of this section,
as far as it relates to the election and term of office of assessors, applies to every
county and city in this state; provided, that the term of office of no city and
county officer of the city and county of San Francisco shall be in anywise
affected by reason of this act; and provided further, that nothing contained in
this act shall operate to extend the term of office of the present assessor of
El Dorado, Alameda, and San Joaquin counties. [Amendment, approved De-
cember'12, 1873; J //je7ic/?ne«/.s 1873-4, 178; took effect from passage. '^^-^

An Act to nlxilish (lie office of county assessor iu the coniitj- of Alameda, and to create towu-
8hip UHKesHfjrH therein.

Aipprovfd Fobniury 10, 1874; 1873-4, 90.

AssesHora in Alameda county.

Section 1. The term of office of the county assessor of Alameda county shall

(n) Origin*] Bertlon : oily ami rounty of San FranciBco the assessor liolds his

Sec. 41W. All county and townt-lili. offlccrs, except office for the temi of four years from the first Moiday

Jiidii'Ul omrem. ii(i>eMMirK and hiiiiervlsorR, iiuiKt he of Doc iiil,(r ik xt iifter his election. Every iiSBessor

H<-. Jed at the Keiiernl el.iUoii liiS<i,i(ii,J„r, 1873, and ii< w in (.mce imiHt Iiold his ofliie and exercise the

ev<r) two yearx Ihereuft.r. and hold ..ffi. e for two years duties tli. n of iiiilil his successor is elected at the gen-

froiii the flrht Monday of .Jannai-j n< xt after their elec- era] (hi li< n in 187.'). The provision of this section, so

tion. AKM+n.rs nuist t)e . 1. c t.<i at tin- K.neial elec- far as it relnt< s to the election (ind term of office of as-

tlon In l^7:., ami ev< ry l( iir years thirc utter, and hold sessors. ..pijlies to every county, and city and county

their ffllce for four years from the first Monday of in this state.
Januaiy i.« xt after thtlr eleiti< d, except that iu the

532

GOVERNMENT OF COUNTIES. 4109

exi>ire on the first Monday of March, eighteen hundred and seventy-four, and
each township in said county shall thereafter be an assessment district.

Township assesso7'S.

Sec. 2. There shall be elected by the quahfied electors of each township, at
the general election in the year eighteen hundred and seventy-iive, and at each
general election thereafter, an assessor for and in each townsLip in said county.
Such assessors shall take their office on the first Monday of the month of March
following the election.

Election and ter'in of office.

Sec. 3. There shall be held a special election for township assessors, as juo-
vided for in this act, in said county, on the third Saturday of Februaiy,
eighteen hundred and seventy-four, which election shall be subject to the
general election law; j^rovided, however, that only five days' notice of said
special election shall be required, and that the cojues of the great register used
at the general election of eighteen hundred and seventy-three, shall be used in
said special election. The assessors so elected shall take their office on the
first Monday of March, eighteen hundred and seventy-four, and hold the same
until the first Monday of March, eighteen hundred and seventy-six, and until
their successors are elected and qualified.

Qualification.

Sec. 4. ,The township assessors shall give bonds and qualify as other town-
ship officers, and each bond shall be in such sum as the board of supervisors of
the county shall fix.

Duties.

Sec 5. The township assessors, in their several townships, shall discharge
all the duties, and be subject to all the liabilities, which are or may hereafter be
required of county assessors. They shall, in their respective townships, collect
all poll taxes, for which they shall receive ten per cent, of the amount so col-
lected; and, as assessors, they shall further receive six dollars each per day for
each day actually employed in making the assessment, and for each day of
attendance on the board of equalization, when their attendance is required by
said board. For collecting personal property taxes, they shall receive the same
compensation as is allowed by law to the tax collector for similar services.
They shall have jDower to api)oint a deputy, or deputies, the number of whom,
and their compensation, shall be fixed by the board of supervisors; jn-ovided,
such deputies shall not receive compensation to exceed five dollars per day for
each day actually employed in making the assessment.

Sec 6. All acts in conflict herewith are hereby repealed, and this act shall
take eflect immediately.

An Act regulating township offices iu Tuolumne county [providing for but
one justice of the peace and one constable in each township], aj^proved March
18, 1874; 1873-4, 453.

An Act to provide for an additional justice of the peace and constable for the
township and county of Los Angeles, approved December 22, 1875; 187o-G, 4.

An Act regulating certain township offices in the county of Calaveras [pro-
viding for one justice of the peace and one constable in each township after
January 1, 1878 J, approved February 28, 187G; 1875-G, 78.

[The following special acts in reference to supervisors may be referred to as
in force in the counties specified:]

San Diego count]).

An Act to provide for the government of the county of San Diego, api^roved
March 2, 1872; 1871-2, 191.

533

4109 POLITICAL CODE.

An Act, to provide for the governmeut of the county of San Diego, approved
Mai-eh 30^ 1876; 1875-G, 558.

Del yorfe count i/.

An Act to change the manner of electing supervisors in the county of Del
Norte, and prescribing the method thereof, approved March 30, 1872; 1871-2,
75G; amended January 2, 187-4; 1873-4, 12.

Mendocino county.

An Act amendatory of an act relating to the boards of supervisors of the
counties of Napa and Mendocino, approved April 4, 18C4, as far as the same
applies to or affects Mendocino county, approved January 23, 1874; 1873-4, 33.

San Bernardino county.

An Act to provide for the election of supenisors in the county of San Ber-
nardino, approved February 17, 1874; 1873-4, 111.

An Act to fix the compensation of the ^supervisors of San Bernardino county,
approved March 27, 1870; 1875-G, 488.

Tuolumne county.

An Act to prescribe the commencement of the term of supervisors in the
county of Tuolumne, approved Februaiy 24, 1874; 1873-4, 154.

Napa county.

An Act to reorganize the board of supervisors of Napa county and for other
puii^oses, approved February 25, 1874; 1873-4, 158; amended March 10, 1874;
1873-4, 329.
Placer county.

An Act reorganizing the board of supervisors in the county of Placer, and
providing for the election of the same, approved March 13, 1874; 1873-4, 347;
amended March 28, 1874; 1873-4, 775; amended March 30, 1876; 1875-6, 573.

Amador county.

An Act in relation to the board of supervisors of Amador county, approved
March 18, 1874; 1873-4, 443; affected by an act to regulate salaries, etc., ap-
proved March 20, 1876; 1875-6, 370.
San Joaquin county.

An Act relating to the supervisors of San Joaquin county; approved March
18, 1874; 1873-4, 466.

San Mateo county.

An Act to prescribe the duties and provide the salary of certain offices of San
Mateo county, to authorize the issue of bonds for road purposes, and other
matters relating thereto, approved March 18, 1874; 1873-4, 479; amended
March 28, 1874; 1873-4, 779.
Santa Clara county.

An Act in relation to the county officers, of Santa Clara county, their fees,
and salaries, approved February 9, 1876; 1875-6, 35.

Tehama county.

An Act to redi«trict the county of Tehama, and to reorganize the board of
Kui)en-isor8 in and for said county, approved March 30, 1874; 1873-4, 816.

El Dorado county.

An Act to organize the board of supervisors and define their duties in the
connty of El Dorado, api)rovcd March 30, 1874; 1873-4, 872.

An Act to create a boiird <jf auditors for El Dorado county, and fix the powers
thereof, approved :Mar(h 30, 1874; 1873-4,825; amended April 1, 1876; 1875-6,
C81.

534

GOVERNMENT OF COUNTIES. 4iu;)-4115

Monterey connhj.

An Act fixing the terms of the members of the hoard of supervisors of IVIon-
terey county, and for other purposes, ap^n-oved March 3, 187G; 1875-(5, 124.
Calaveras county.

An Act concerning the offices of supervisor and district attorney in the county
of Calaveras, approved March 7, 187G; 1875-G, 141.
Ilianboldt county.

An Act fixing the number of supervisors of Humboldt county, appi-oved
March 18, 1876; 1875-6, 333.

San Luis Obispo county.

An Act to reorganize the board of supervisors of San Luis Obispo county, and
to provide for the election of the same, approved March 27, 1876; 1875-6, 493.
Santa Cruz county.

An Act in relation to the county officers of Santa Cruz county, their fees and
salaries, approved March 30, 1876; 1875-6, 576.
Lake county.

An Act concerning county officers of Lake county, and to regulate the fees
and salaries thereof, approved March 31, 1876; 1875-6, 599.
Sonoma county.

An Act to amend an act entitled An Act to regiilate the salaries and fix the
compensation of certain county officers in the county of Sonoma, approved
April 1, 1876; 1875-6, 726.

The act amended was approved March 16, 1874; 1873-4, 382.
Butte county.

An Act to amend an act entitled An Act to fix the salaries and compensation
of certain officers of Butte county', aj^proved March 27, 1874; approved April 3,
1876; 1875-6, 906.

4110. County judges and justices election, and term of office.

Sec 4110. The election and terms of office of county judges and justices of
the i^eace are j^rovided for in Title I of the Code of Civil Procedure. [See jiost,
10,083 and 10,113.]

4111. Supervisors, when elected.

Sec. 4111. In counties of the third class one supervisor is elected each year
at the general election when it occurs, and on the corresponding day of the al-
ternate year when no general election occurs; in the counties of the first aud
second classes a number of supervisors as nearly equal as may be, to be deter-
mined by the board, are elected every year at the same times as si^ecified herein
for counties of the third class.

4112. May appoint deputies.

Sec 4112. Every county and township officer, except county judge, super-
visor, and justice of the peace, may a^jpoint as many deputies as may be neces-
sary for the faithful and prompt discharge of the duties of his office.

4113. Same.

Sec 4113. The appointment of deputies, clerks, and subordinate officers of
counties, districts, and townships, must be made in wiiting, and filed in the
office of the county clerk.

4114. Official name of principal officer includes deputies.

Sec 4114. "Whenever the official name of any principal officer is used in any
law conferring power, imposing duties or liabilities, it includes his deputies.

4115. Vacancies, hov) filled.

Sec 4115. A vacancy in the office of county judge is filled by an appointee

535

4113-41-2-2 POLITICAL CODE.

of the cTovernor. All other vacancies in county and township offices are filled
by appointments made by the board of supervisors. Appointees hold until the
vacancies are filled by election.

4116. What offices to be kept at county seat.

Sec. 411(5. Sheiiffs, clerks, recorders, treasurers, tax collectors, district at-
turuevs, and auditors, must have their offices at the county seat, and keep them
open fur the transaction of business from nine o'clock a. m. till five o'clock
1'. M., eveiT day in the year, except holidays. The county judge must have
chambei-s at the county seat, and must establish such rules and hours for offi-
cial business as may be necessary for the dispatch thereof. He must attend at
his chambers at least one day in each week.

4117. Civil penalty for non-performance of duly aHached to official bond.

Sec. 4117. Whenever, except in criminal prosecutions, any special penalty,
forfeiture, or liability is imposed on any officer for non-performance, or mal-
performance of official duty, the liability therefor attaches to the official bond
of such officer, and to the principal and sureties thereon.

4118. County officers may administer oaOis.

Sec. 4118. Every officer mentioned in section 4103, and ever}^ justice of the
]ieace, may administer and certify oaths.

4119. Certain officers must reside at county seat.

Sec. 4119. The following officers must reside at the county seat of their re-
spective counties: the county judge, the treasurer, the county clerk, the aud-
itor, the sheriff, the tax collector, the district attorney, the recorder.

4120. Absejice of county officer from state.

Sec. 4120; A county officer shall in no case absent himself from the state for
a period of more than sixty days, and for no period without the consent of the
board of supervisors of his county. [Amendment, approved February 10, 1876;
Amendments 1875-6, Go; took effiect from passage. '■'■^

4121. Certain officers prohibited from practicing law.

Skc. 4121. Sheriffs, clerks, and constables and their deputies are prohibited
from practicing law or acting as attorneys or counselors at law, or having as a
I)artner a lawj-er or any one who acts as such.

4122. Official bond classified and amounts therefor.

Sec 4122. County officers must execute official bonds corresponding to the
class of the county of which they are officers, in the following amounts:

1. Slieriffs, first class, sixty thousand dollars; second class, twenty-five thou-
sand dollars; third class, ten thousand dollars.

2. ("k-rks, first class, twenty-five thovisand dollars; second class, fifteen thou-
sand dollars; third class, six thousand dollars.

3. Auditors, first class, twenty thousand dollars; second class, ten thousand
dollarK; third class, two thousand dollars.

4. Treasurers, first class, one hundred thousand dollars; second class, eighty
thousand dollars; third class, sixty thousand dollars.

5. Recorders, first class, ten thousand dollars; second class, five thousand
dollars; third class, two thousand dollars.

G. District attornoys, first class, fifteen thousand dollars; second class, ten
thousand dollars; third class, two thousand dollars.

7. Assessors, first class, twenty thousand dollars; second class, ten thousand
dollars; third class, throe thousand dollars.

(a) OrigJnsl fK-rtlon: It was previously anicmled by act of March 3, 1874;

Skc. 41'Jii. No county offln-r tirny abmntlilmmlf from Am<-n(liiiciiiK lH7:t-t, 174, so as to read like the orl'<inal

the state for more than thirty dayH, uulcbH with the dowu to aud iucludiiig the words " thirty days."
consent of the IcgUlature.

53G

GOVERNMENT OF COUNTIES. 4122

8. Tax collectors, first class, fifty thousand dollars; second class, thirty thou-
sand dollars; third class, fifteen thousand dollars.

9. Surveyors, first class, ten thousand dollars; second class, five thousand dol-
lars; third class, one thousand dollars.

10. School sujjerintendents, first class, five thousand dollars; second class,
three thousand dollars; third class, one thousand dollars.

11. Coroners, first class, five thousand dollars; second class, two thousand
dollars; third class, one thousand dollars. •

12. Public administrators, first class, thirt}' thousand dollars; second class,
twenty thousand dollars; third class, ten thousand dollars.

13. Supervisors, first class, fifteen thousand dollars; second class, ten thou-
sand dollars; third class, two thousand dollars. [Amendment, approved March
30, 1874; Amendmeiits 1873-4, 5G; took effect July G, 1874.^''>

An Act couceruing certain officers? iu the countj' of Merced.

Approved January 10, 1872; 1871-2, 21.

[This act fixes the bonds of the ])ublic administrator and coroner of the
county of Merced at five thousand dollars each, provided the board of super-
visors might order special bonds in addition thereto, if iu their ju'dgment such
additional bonds become necessary.]

An Act to fix the bonds of the sheriff of the county of Contra Costa.
Approved February 26, 1872 ; 1871-2, 158.

[This act fixes the bond of the sheriff of Contra Costa county at twenty
thousand dollars.]

An Act concerning official bond of public administrator of Contra Costa county.
Approved March 1, 1872; 1871-2, 183.

[This act fixes the bond of the public administrator of Contra Costa county
at five thousand dollars, provided the board of supervisors may order a special
bond in addition thereto, if in their judgment such additional bond becomes
necessary.]

[The ofiicial bonds of officers in El Dorado county were fixed by the fee bill
of March 27, 1872; 1871-2, 594.]

An Act to fix the bonds of the tax collectors of Fresno, Tulare, and Kern counties.
Approved January 28, 1876; 1875-6, 16.

[This act provides that the boards of suj)ervisors of the counties named in the
title shall fix the amount of the bonds of the tax collectors in the counties
named, provided that no one of said bonds shall be fixed in a sum less than
fifty thousand dollars or greater than one hundred thousand dollars.]

An Act fixing the bonds of the county treasurers of the counties of Mariposa, Tuolumne, and

Calaveras.

Approved January 28, 1876; 1875-6, 17.

[This act exempts the counties named from the provisions of section 4122 of
the Political Code, as amended March 30, 1874, so far as relates to the county
treasurers, and fixes their bonds at twenty-five thousand dollars.]

An Act in relation to the offices of coroner and public administrator of the county of Santa
Cruz.

Approved March 3, 1876; 1875-6, 121.

[This act was to legalize the official bond and oath of the coroner and public
administrator of the county named, elected at the general election of 1875.]

(a) The original section in the fourth subdivision instead of "eighty" had " fifty," and instead of "sixty" it
had "twenty."

537

4122-4U4 POLITICAL CODE.

An Act to fix the penal sum of the official bond of the treasurer of the eouuty of Alpine,
Approved March C, 1876; 1875-6, 140.

[This act fixed the amount of the bond referred to at fifteen thousand
dollars. ]

An Act to fix the amount of the bonds of the county treasurer of Modoc and Lassen counties.
Approved March 8, 1875; 1875-6, 154.

[This act fixed the %mouut of the bond of the treasurer of Modoc at thirty
thousand dollars, and that of the treasurer of Lassen at forty thousand
dollars. ]

An Act to fix the salary and bond of the assessors of the counties of Tulare and Kern.
Approved March 9, 1876; 1875-6, 172.

[This act provided that the bonds referred to should be fixed from time to
time "by the board of supervisors of said counties, in such sum as they shall
deem necessary," but "said bond" is not to be fixed at a less sum than four
thousand dollars.]

Au Act to jirovide for the government of the county of San Diego.

Approved March 30, 1876; 1875-6, 558. *

[This act provided that the board of supervisors should fix the amount of the
bonds of all county, district, and toAvnship officers.]

4123. Wlien amount of bond is not fixed by law.

Sec. 4123. When the amount of the bond to be given by any county or town-
ship officer is not fixed by law, the amount must be fixed by the board of super-
visors.

4124. Other provisions relating to county officers.

Sec. 4124. Other provisions relating to the different classes of officers are
contained in Chapter VII, Title I of Part III of this Code. [See ante, 841.]

ARTICLE II.

COUNTY JUDGE.

4134 . Duty of cou n ty j u dge .

Sec. 4134. The county judge must:

1. Perform the duties of a magistrate;

2. Hold county and probate courts;

3. Take and certify acknowledgments to the execution of instruments in
writing, and grant certificates to the official character of the county clerk;

4. Certify to the ownership of wrecked property or its proceeds; and

5. Perform such other duties as are prescribed in any of the laws of this
state.

ARTICLE III.

COUNTY TKEASUKEK.

4144. /hily of couuty treasurer.

Sec. 4144. The county treasurer must:

1. Receive all moneys belonging to the county, and all other moneys by law
directed to be paid to him, safely keep the same, and apply and pay them out,
rendering account thereof as rcfjuired l)y law;

2. File and keep the certificates of the auditor delivered to him when moneys
are paid into the treasury;

3. Keep an account of the receipt and expenditure of all such moneys, in
books provided lot the purpose; in which must be entered the amount, the
time when, from whom, and on what account all moneys were received by him;

538

GOVEENMENT OF COUNTIES. 4144-4151

the amount, time -when, to whom, and ou ^vhat account all disbursements were
made by him;

4. So keep his books that the amounts received and paid out on account of
sei^arate funds or specific appropriations are exhibited in separate and distin(;t
accounts, and the whole receijits and expenditures shown in one general or
cash account;

5. Enter no moneys received for the cun-ent year on his account with the
county for the past fiscal year, until after his annual •settlement for the past
year has been made with the county auditor;

6. Disburse the county moneys only on county warrants issued by the county
auditor, based on orders of the board of supervisors, or as otherwise provided
by law.

4145. To receive no money, except on certificate of auditor.

Sec. 4145. He must receive no money into the treasury unless accompanied
by the certificate of the auditor provided for in section 4217.

4146. Must receipt for money.

Sec. 4146. When any money is paid to the county treasurer he must give
to the person joaying the same a receipt therefor, which must forthwith be
deposited with the county auditor, who must charge the treasurer therewith
and give the person paying the same a receipt.

4147. Ilode of redeeming warrants.

Sec 4147. "When a warrant is presented for payment, if there is money in the
treasui-y for that purpose, he must pay the same, and write on the face thereof
"Paid," the date of payment, and sign his name thereto.

4148. Registry of loarrants, tvhen no funds.

Sec. 4148. When any warrant is presented to the treasurer for payment and
the same is not paid for want of funds, the treasurer must indorse thereon,
" Not paid for want of funds," annexing the date of presentation, and sign his
name thereto; and from that time until paid the warrant bears seven per cent,
per annum interest.

4149. Notice of redemption of ivarrants.

Sec. 4149. When there are sufficient moneys in the treasury to pay the wan-ants
drawing interest, the treasurer must give notice in some newspaper published
in his county, or, if none is published, then by written notice posted upon the
court-house door, stating therein that he is ready to pay such waiTants. From
the first publication or posting of such notice such warrants cease to draw
interest.

4150. What it must state, and hoiv published.

Sec 4150. In advertising warrants under the provisions of this section in any
newspaper, the treasurer must not publish the warrants in detail, but give notice
only that county warrants presented for payment prior to such a date, stated in
the notice, are payable. When a part only of the warrants presented for pay-
ment on the same day are payable, the treasurer must designate such payable
warrants in the advertisement.

4151. Priority in payment of warrants.

Sec. 4151. Warrants drawn on the treasury and i^roperly attested are entitled
to preference as to payment out of moneys in the treasury properly applicable
to such warrants according to the priority of time in which they were jiresented.
The time of presenting such warrants must be noted by the treasurer, and upon
the receipt of moneys into the treasury not otherwise appropriated, he must
set apart the same or so much thereof as is necessary for the payment of such
warrants.

539

4152-4159 POLITICAL CODE.

4152. Funds reserved fiixtij days therefor.

Sec. 4152. Slioukl such warrants not be re-presented for payment within sixty
days from the time of the notice hereinbefore provided for is given, the fund
set aside for the paj'ment of the same must be by the treasurer applied to the
paAnnent of unpaid warrants next in order of registiy. The board of super-
visoi-s may, on application and presentation of warrants properly indorsed,
Avhich have been advertised, pass an order directing the treasurer to pay them
out (.)f any money in the treasury not otherwise appropriated.

4153. Ma^t note the interest paid on loarrant.

Skc. 4153. When the treasurer pays any warrant on which any interest is due
he must note on the wan-ant the amount of interest paid thereon, and enter on
his account the amount of such interest distinct from the principal.

4154. Settlements, when and hotc made — mouthhj and annually.

Sec. 4154. The treasurer must settle his accounts relating to the collection,
care, and disbursement of public revenue, of whatsoever nature and kind, with
the auditor, on the first Monday of each month. For the purpose of making
such settlement he must make out a statement, under oath, of the amount of
money or other property received prior to the period of such settlement, the
sources whence the same was derived, the amount of payments or disburse-
ments, and to whom, with the amount remaining on hand. He must, in such
settlements, deposit all wan-ants redeemed hy him and take the auditor's re-
ceipt therefor. He must also make a full settlement of all accounts with the
auditor annually on the first Monday of January, in the presence of the super-
visors, who have a supervisory control thereof.

4155. Bi'port to hoard of supervisors each session.

Sec. 4155. Each count}' treasurer must make a detailed report, at every reg-
ular meeting of the board of supervisors of his count}', of all moneys received
Ijy him and the disbursement thereof, and of all debts due to and from the
county, and of all other proceedings in his office, so that the receipts into the
treasury and the amount of disbursements, together with the debts due to and
from the county, may clearl}' and distinctly appear.

4156. Pi'ttalfy/or not reporting.

Si.i'. 415G. If any county treasurer neglects or refvises to settle or report, as
rcfpiired in sections 4154, 4155, he forfeits and must pay to the county the sum
of five hundred dollars for every such neglect or refusal, and the board of
supervisors must institute suits for the recovery thereof.

4157. When he must sue district attorney.

Si.c. 4157, If the district attorney refuses or neglects to account for and pay
'>ver money received by him, as required by the fifth subdivision of section
425G, tlie county treasurer must bring an action against him for the recovery
thereof in the name of the county, and may recover in such action, in addition
to the amount so received, fifty per cent, thereon by way of damages.

4158. When he inuxt sue coroner.

Sic. 4158. If the coroner, or any justice of the peace acting as coroner, fails
to deliver to the treasurer within thirty days after any inquest upon a dead body,
all money and property found upon such body, unless claimed in the meantime
by tlie public administnitor or other legal representative of the decedent, as
required liy section 42H7, the treasurer must proceed against the coroner, or
justice acting as coroner, to recover the same by civil action in the name of the
county.

4159. What hr nvi.'^t do vith prnpcrty rt'ceived from coroner.

Sec. 415'J. The treasurer, ui)on receiving from the coroner or justice acting

540

GOVERNMENT OF COUNTIES. 4ir,9-il7G

as coroner, money found on a dead l)ody, must place it to the credit of the
county. On receiving- other property in like manner, he must within thii-ty
days sell it at public auction upon reasonable public notice, and must in like
manner place the proceeds to the credit of the county.

4160. 3Ioney fi'om coroner in treasury may he demanded tvifhin six years.

Sec. 41G0. If the money in the treasury is demanded within six years by the
legal representatives of the decedent, the treasurer must pay it to them, after
deducting the fees and expenses of the coroner and of the county in relation to
the matter; or the same may be so paid at any time thereafter upon the order
of the board of supervisors.

4161. Treasurer must not loan public money or make general deposit.

Sec. 41G1. The county treasiirer must keep all moneys belonging to this state
or to any county of this state in his own possession until disbursed according
to law. He must not place the same in the possession of any person, to be used
for any purpose; nor must he loan or in any manner use or permit any person
to use the same, except as provided by law; but nothing in this section prohibits
him from making special deposits for the safe keeping of the public moneys.

4162. Su2:>ervisors may suspend treasurer.

Sec. 4162. Whenever an action based upon official misconduct is commenced
against anj' county treasurer, the supervisors may, in their discretion, suspend
him from office until such suit is determined, and may appoint some person to
fill the vacancy.

4163. No commissions alloived.

Sec 4163. In case of the death of any county treasurer, his legal representa-
tives must deliver up all official moneys, books, accounts, papers, and documents
which come into their possession. No percentage must be allowed to the treas-
urer on any money by him received from his predecessor in office, or from the
legal representatives of such predecessor.

4164. Books and vouchers subject to inspection.

Sec. 4164. The books, accounts, and vouchers of the treasurer are at all times
subject to the inspection and examination of the board of supervisors and grand
jury.

4165. Treasurer must permit auditor to examine his books, etc.

Sec. 4165. The treasurer must permit the county judge and auditor to examine
his books and count the money in the treasury whenever they may wish to make
an examination or counting.

ARTICLE IV.

SHEKIFF.

4175. " Process" and "notice" defined.

Sec 4175. "Process," as used in this article, includes all writs, warrants,
summons, and orders of courts of justice or judicial officers. " Notice" in-
cludes all papers and orders (except process) required to be sei-ved in any pro-
ceeding before any court, board, or officer, or when required by Iuav to be
served independently of such proceeding.

4176. Duties of sheriff .

Sec 4176, The sheriff must:

1. Preserve the peace;

2. Arrest and take before the nearest magistrate, for examination, all persons
who attempt to commit or who have committed a public offense;

3. Prevent and suppress all affrays, breaches of the peace, riots, and insur-
rections which may come to his knowledge;

541

41TC-4182 POLITICAL CODE.

4. Attend all courts, excejit justices', probate, and jwlice courts, at their
respective terms, held wilhiu Lis county, and obey their lawful orders and direc-
tions;

5. Command the aid of as many male inhabitants of his county as he may
think necessary in the execution of these duties;

G. Take charge of and keep the county jail and the prisoners therein;

7. Indorse upon all process and notices the year, month, day, hour, and
minute of reception, and issue therefor to the person delivering it, on payment
of fees, a certificate showing the names of the jjarties, title of paper, and time
of reception;

8. Serve all process and notices in the manner prescribed by law;

9. Certify under his hand upon process or notices the manner and time of
service, or, if he fails to make service, the reasons of his failure, and return the
sanie without delay.

4177. Seri'ice and execution of process.

Sec. 4177. "SVhen jjrocess or notices are returnable to another county, he may
inclose such process or notice in an envelope, addressed to the officer from whom
the same emanated, and deposit it in the post-office, prepaying postage. •

4178. Ji'txrn prima facie evidence.

Si:c. 4178. The return of the sheriff upon process or notices is prima facie
evidence of the facts in such return stated. [Amendment, approved 3IarcJb 30,
ls74; Amendments 1873-4, 57; took effect July G, 1874.^"^

4179. Penaltij for non-return of process, etc.

Shc. 4179. If the sheriff does not return a notice or jorocess in his possession
with the necessaiy indorsement thereon without delay, he is liable to the party
aggrieved for the sum of two hundred dollars and for all damages sustained by
him.

4180. Liable for refusing to levy.

Sec 4180. If the sheriff to whom a writ of execution is delivered neglects or
refuses, after being required by the creditor or his attorney, to levy ujion or sell
any jiroperty of the party charged in the writ which is liable to be levied upon
and sold, he is liable to the creditor for the value of such property.

4181. Damayi'sfor r<f using to pay over motwy.

Si;c. 4181. If he neglects or refuses to pay over on demand, to the person en-
titled thereto, any money which may come into his hands by virtue of his
oflice (after deducting his legal fees), the amount thereof, with twenty-five per
cent, damages and interest at the rate of ten per cent, per month from the time
of d<Mmnd, may be recovered by such person.

4182. Li (dAc for permitting an escape.

Skc. 4182. A sheriff who suffers the escape of a j^erson arrested in a civil
action, without the ronsentor connivance of the party in whose behalf the arrest
or imprisonment was made, is liable as follows:

1 . When the arrest is upon an order to hold to bail or upon a surrender in
■ unci at ion of bail before judgment, he is liable to the plaintiff as bail;

1. When the arrest is on an execution or commitment to enforce the payment
of nif)ney, he is liable for the amount expressed in the execution or cummit-
ment;

3. When the an-est is on an execution or commitment other than to enforce
the paynicnt of money, he is liable for the actual damages sustained;

4. Upon being sued for damages for an escajie or rescue he may introduce
evidence in mitigation and exculpation.

(a) The original ncctlon used the word " primary " iniitead of " prima facie."

542

GOVERNMENT OF COUNTIES. 4183-4192

4183. Liable for a rescue.

Sec. 4183, He is liable for a rescue of a person arrested in a civil action
equally as for an escape.

4184. No action for escape or rescue after recapture.

Sec. 4184. An action cannot be maintained against the sheriff for a rescue, or
for an escape of a person arrested upon an execution or connnitnient, if, after
his rescue or escape and before the commencement of the action, the prisoner
returns to the jail, or is retaken by the sheriff.

4185. Direction to sheriff must he in loriting.

Sec 4185. No direction or authority by a party or his attonie}'- to a sheriff,
in respect to the execution of process or return thereof, or to any act or omission
relating thereto, is available to discharge or excuse the sheriff from a liability
for neglect or misconduct, unless it is contained in a writing, signed by the
attorney of the party, or by the party if he has no attorney.

4186. Wlien office of sher-iff deemed vacant.

Sec. 4186. When the sheriff is committed under an execution or commitment,
for not paying over money received by him by virtue of his office, and remains
committed for sixty days, his office is vacant.

4187. When sheriff justified in executing 2^rocess.

Sec. 4187. A sheriff, or other ministerial officer, is justified in the execution
of and must execute all process and orders regular on their face ami issued by
competent authority, whatever may be the defect in the proceedings upon
which they were issued.

4188. Officer to exhibit process.

Sec. 4188. The officer executing process must then, and at all times subse-
quent, so long as he retains it, upon request show the same, with all papers
attached, to any person interested therein.

4189. Sheriff to act as crier.

Sec. 4189. The sheriff in attendance upon court must act as the crier thereof,
call the parties and witnesses, and all other persons bound to ajipcnr at the
court, and make proclamation at the opening and adjournment of the court,
and of any other matter under its direction.

4180. Service on sheriff, how made.

Sec. 4190. Service of a paper, other than process, upon the sheriff may be
made by delivering it to him or to one of his deputies, or to a j)erson in charge
of the office during office hours, or if no such person is there, by leaving it in
a conspicuous place in the office.

4191. Coroner to execute i^rocess when sheriff a party.

Sec 4191. AVhen the sheriff is a j^arty to an action or proceeding, the pro-
cess and orders therein, which it would otherwise be the duty of the sheriff to
execute, must be executed by the coroner of the county.

4192. Elisors to act in cases designated.

Sec 4192. Process and orders in an action or proceeding may be executed
by a person residing in the county, designated by the court, the judge thereof,
or a county judge, and denominated an elisor, in the following cases:

1. When the sheriff and coroner are both parties;

2. When either of these officers is a party and the process is against the
other; and

3. When either of these officers is a party and there is a vacancy in the office
of the other, or when it appears by affidavit to the satisfaction of the court in
which the j^roceeding is pending, or to the judge thereof, that both of these

543

4192-4204 POLITICAL CODE.

officers are disqualified, or by reason of any bias, prejudice, or other cause,
would not act promptly or impartially.

"When process is delivered to an elisor, he must execute and return it in the
same manner as the sheriff is required to execute similar process.

An Act prescribing the fees of coroners and elisors and tLeir mode of payment.
Approved March 30, 1874; 1873-4, 794.

Fees of coroner or elisor.

Section 1. Whenever process is executed, or any act performed by a coroner
or elisor in the cases provided by law in that behalf, such coroner or elisor shall
be entitled to receive the same fees as the sheriff would be entitled to receive
for the same service, to be paid by the plaintiff in case of the summoning of
jurors to complete the panel, and by the person or party requiring the service
in all other cases in private actions. If rendered at the instance of the people,
it shall be audited and paid as a county charge.

Sec 2. This act shall take effect immediately from and after its passage.

An Act to authorize the boards of supervisors to furnish the sheriff and deputy sheriffs of
their several counties with a suitable badge? of office.

Approved April 1, 187C; 1875-G, 803.

Sheri^'s badges.

Section 1. The boards of supervisors of the several counties of this state
must furnish to the sheriff, under sheriffs, and dejDuty sheriffs of their respec-
tive counties a suitable badge of office, upon which shall be inscribed the words
"sheriff" and deputy sheriff.

Sec 2. This act shall take effect from and after its passage.

4193. Other duties.

Sec 41'J3. The sheriff must perform such other duties as are required of him
by law.

ARTICLE V.

COUNTY CLEKK.

4204. Dulies of county clerk.

Sec 42u4. The county clerk must:

1. Take charge of and safely keep, or dispose of according to law, all books,
papers, and records which may be filed or deposited in his office.

2. Act as clerk of the board of supervisors, and as clerk of the district,
county, and probate courts, and attend each term thereof, and upon the judges
at chaudjers when required.

3. Issue all process and notices required to be issued; enter all orders, judg-
ments, and decrees proper to be entered; keep in each court a docket, in which
must be entered the title of each cause, with the date of its commencement, a
memorandum of every subsequent proceeding therein, with the date thereof,
and a list of all the fees charged.

4. Keep for the district and county courts, in separate volumes, an index of
all suits, labeled "General index— Plaintiffs," each page of which must be
divided into seven columns, under their respective heads, alphabetically ar-
ranged as follows: "Number of suit," "Plaintiffs," "Defendants," "Date of
judgment," " Number of judgment," "Page of entry of judgment in judgment-
book," "Page of minute-book of district court;" also an index labeled " Gen-
eral index— Defendants," each page of wliieli mu.st be divided into seven
columns, under their respertive heads, alphabetically arranged as follows:
"Number of suit," "Defendants," "Plaintiffs," "Date of judgment," "Num-
ber of judgment," "Page of entry of judgment in judgment-book," "Page in
order-book of disti'ict court."

544

GOVEEN^IENT OF COUNTIES. 4205-4217

4205. Other duties.

Sec. 4205. He must keep such other records and jierfonn sncli other duties
as are prescribed by hiw.

Au Act to provide for iudexing the naines of persons who have declared their intention to

become or who have become citizens of the United States, in the several courts of record iu

this state.

Approved February 8, 1872; 1871-2, 80.

Duty of clerks of courts of record.

Section 1, It shall be the duty of the clerks of the several courts of record in
this state to provide two books, iu the oue of which shall be entered in alpha-
betical order, the names of all persons who, from the organization of said courts,
have declared or who may hereafter declare their intention to become citizens
of the United States, together with the date of such declaration; and iu the
other of which shall be entered in alphabetical order, the names of all persons
who have been or who may be hereafter admitted citizens of the United States
by any courts of which they are clerks, and they shall also enter in separate
columns opposite each name, the country of which he was before a citizen or
subject, the date of his admission, and the page of the book of the record of
the coiu't containing the order admitting him as such citizen.
Clerks fees.

Sec. 2. The said clerks shall be entitled to receive for their own use and
benefit, a fee of twenty cents for each name indexed as provided in section one
of this act, and said fees, together with the costs of said books, shall become a
county charge, and shall be allowed by the board of supervisors of the several
counties, and paid out of the same fund that other services rendered by said
clerks to their respective counties are paid; provided, that no compensation
shall be allowed any clerk under the provisions of this act for indexing axxy
names contained in any such records which have been heretofore indexed, but
such records and indices shall stand iu lieu of those provided for in this act;
and provided further, that no clerk shall be entitled to charge or receive any
fee for indexing the name of any person who may declare his intention to be-
come or who may become a citizen of the United States after the passage of
this act.

Sec. 3. This act shall take effect immediately.

ARTICLE VI.

AUDITOR.

4215. Auditor to draw imrrants and settle accounts.

Sec. 4215. The auditor must draw warrants on the county treasurer in favor
of all persons entitled thereto in payment of all claims and demands chargeable
against the county which have been legally examined, allowed, and ordered
paid by the board of supervisors; also, for all debts and demands against the
county when the amounts are fixed by law, and which are not directed to be
audited by some other person or tribunal.

4216. Warrants must specfy ivhat.

Sec. 4216. All warrants must distinctly specify the liability for which they
are drawn, and when it accrued.

4217. Settlements idth debtors to the county.

Sec 4217. The auditor must examine and settle the accounts of all persons
indebted to the county, or holding moneys payable iuto the county treasury,
and must certify the amount to the treasurer, and upon the presentation and
filing of the treasurer's receipt therefor give to such person a discharge, and
charge the treasurer with the amount received by him.
35 545

4218-4235 POLITICAL CODE.

4218. To keep accounts, file receipts, etc.

Sec. 4218. The auditor must keep accounts current with the treasurer, and
when any person deposits Avith the auditor any receipt given by the treasurer
for any money paid into the treasury, the auditor must file such receipt and
charge the treasurer with the amount thereof.

4219. Warrants of auditor to be numbered.

Sec. 4219. All warrants issued by the auditor during each year, commencing
with the first Monday in January, must be numbered consecutively, and the
number, date, and amount of each, and the name of the person to whom pay-
able, and the purpose for which drawn, must be stated thereon, and they
must, at the time they are issued, be registered by him.

4220. Auditor to examine books of treasurer, when.

Sec. 4220. The auditor must, between the first and tenth of each month,
examine the books of the treasurer and see that the same have been correctly
kept.

4221. Auditor and county judge to count money in treasury and make statement.
Sec. 4221. The county judge and auditor must, at least once in each mouth,

count the money in the county treasury, and make and verify in duplicate
statement showing:

1. The amount of money that ought to be in the treasury;

2. The amount and kind of money actually therein.

4222. Statements to bejiled and posted.

Sec. 4222. They must file one of the statements in the office of the county
clerk, and the auditor must post and maintain the other in his office for at least
a month thereafter.

4223. Quarterly statements concerning collection of revenue to be made, when.
Sec. 4223. The auditor and treasurer of each county must, on the first Mon-
day in Februaiy, May, August and November, make a joint statement to the
board of super"s-isors, showing the whole amount of collections (stating particu-
larly the source of each portion of the revenue) from all sources paid into the
county treasury, the funds among Avhich the same was distributed, and the
amount to each; the total amount of warrants drawn and paid, and on what
fund; the total amount of warrants drawn and unpaid, and accounts or claims
audited, or allowed and unpaid, and the fund out of which they are to be paid,
and generully make a full and specific showing of the financial condition of the
county.

4224. oilier duties.

Sec. 4'i24. The auditor must discharge such other duties as are required by
law.

ARTICLE VII.

RECORDER.

4234. Itecorder to proc^ire record books.

Sec. 4234. The recorder must procure such books for records as the business
of his office requires, but orders for the same must first be obtained from the
boanl of Kupervisors. He has the custody of and must keep all books, records,
majtH, and papers deposited in his office.

4235. Wliat to be recorded.

Sec. 4235. He must, upon tlie payment of his fees for the same, record sei>
lately, in large and well-bound sei)arate books, in a fair hand:
1. Deeds, grants, transfers, and mortgages of real estate, releases of mort-
gages, powers of attorney to convey real estate, and leases which have been
acknowledged or proved;

54G

GOVERNMENT OF COUNTIES. 423^ 4230

2. Mortgages of personal property;

3. Certificates of marriage and niamage contracts;

4. Wills admitted to probate;

5. Official bonds;

6. Notices of mechanics' liens;

7. Transcripts of judgments which b}' law are made liens upon real estate;

8. Notices of attachments upon real estate;

9. Notices of the pendency of an action afitecting real estate, the title thereto,
or possession thereof;

10. Instruments describing or relating to the separate property of married
women;

11. Notices of pre-emption claims;

12. Births and deaths; and,

13. Such other writings as are required or permitted by law to be recorded.

4236. Indexes to he kepi by recorder.
Sec. 4236. Every recorder must keep*:

1. An index of deeds, grants, and transfers, labeled "Grantors," each page
divided into four columns, headed resi^ectively: "Names of grantors,"
"Names of grantees," "Date of deeds, grants, or transfers," and "Where
recorded."

2. An index of deeds, labeled "Grantees," each page divided into four col-
umns, headed respectively: "Names of grantees," "Names of grantors,"
"Date of deeds, grants, or transfers," and "Where recorded."

3. Two indexes of mortgages, labeled respectively: "Mortgages of real
property," "Mortgages of personal property," with the pages thereof divided
into five columns, headed respectively: "Names of mortgagors," "Names of
mortgagees," "Date of mortgages," "Where recorded," "When discharged."

4. Two indexes of mortgagees, labeled respectively: "Mortgagees of real
property," "Mortgagees of personal property," with the pages thereof divided
into five columns, headed respectively: "Names of mortgagees," "Names of
mortgagors," "Date of mortgages," "Where recorded," "When discharged."

5. Two indexes of releases of mortgages, labelled res2:)ectivelv : " Releases of
mortgages of real property — mortgagors," "Releases of mortgages of personal
property — mortgagors," with the pages thereof divided into six columns, headed
resj)ectively : "Parties releasing," ',' To whom releases are given," "Date of
releases," "Where releases are recorded," "Date of mortgages released," "Where
mortgages released are recorded."

6. Two indexes of releases of mortgages, labeled respectively : "Releases of
mortgages of real property — mortgagees," "Releases of mortgages of personal
property — mortgagees," with the pages thereof divided into six columns, headed
respectively: "Parties whose mortgages are released," "Parties relea.sing,"
"Date of releases," "Where recorded," " Date of mortgages released," "Where
mortgages released are recorded."

7. An index of powers of attorney, labeled " Powers of attorney," each page
divided into five columns, headed respectively: "Names of parties executing
the powers," " To whom powers are executed," " Date of powers," " Date of
recording," " W^here powers are recorded."

8. An index of leases, labeled " Leases," each page divided into four columns,
headed respectively: " Names of lessors," " Names of lessees," "Date of leases,"
" When and where recorded."

9. An index of leases, labeled "Lessees," each page divided into four col-
umns, headed respectively: " Names of lessees," " Names of lessors," " Date of
leases," " When and where recorded."

547

423G-4237 POLITICAL CODE.

10. An index of marriage certificates, labeled "Marriage certificates— men,"
each page divided into six columns, headed respectively: " Men mamed," "To
whom married," " '^A'hen mariied," " By whom married," "Where married,"
•• Where certificates are recorded."

11. An index of marriage certificates, labeled "Marriage certificates-
women," each page divided into six columns, headed respectively: "Women
married" (and under this head placing the family names of the women), " To
whom married." "When married," " By whom married," "Where married,"
" Where certificates are recorded."

12. An index of assignments of mortgages and leases, labeled "Assignments
of mortgages and leases — assignors," each page divided into five colimins,
headed resj^ectively: "Assignors," "Assignees," "Instruments assigned,"
" Date of assignments," " When and where recorded."

13. An index of assignments of mortgages and leases, labeled "Assignments
of mortgages and leases — assignees," each page divided into five columns,
headed respectively: "Assignees," ''•Assignors," "Instruments assigned,"
" Date of assignments," " When and where recorded."

14. An index of wills, labeled "Wills," each page divided into four columns,
headed respectively: "Names of testators," "Date of wills," "Date of pro-
bate," "When and where recorded."

15. An index of official bonds, labeled "Official bonds," each page divided
into five columns, headed resjiectivelj^: " Names of officers," "Names of offices,"
"Date of bonds," "Amount of bonds," " AVhen and where recorded."

16. An index of notices of mechanics' liens, labeled "Mechanics' liens,"
each page divided into three columns, headed respectively: "Parties claiming
liens," "Against whom claimed," "Notices when and where recorded."

17. An index to transcrij:)ts of judgments, labeled "Transcripts of judg-
ments," each page divided into seven columns, headed respectively: "Judg-
ment debtors," "Judgment creditors," "Amount of judgments," "Where re-
covered," "AVhen recovered," "When transcript filed," "When judgment
satisfied."

Iti. An index of attachments, labeled "Attachments," each page divided into
six columns, headed respectively: "Parties against whom attachments are
issued," "Parties issuing attachments," "Notices of attachments," "When re-
corded," "Where recorded," "When attachments discharged."

19. An index of notices of the pendency of actions, labeled "Notices of
actions," each page divided into three columns, headed respectively: "Parties
to the actions," "Notices when recorded," "Where recorded."

20. An index of the sejmrate property of married women, labeled "Separate
property of married women," each page divided into five columns, headed
respectively: "Names of married women," "Names of their husbands," "Nature
of instruments recorded," "When recorded," " Where recorded."

21. An index of pre-emption claims, labeled "Pre-emption claims," each
j.age divided into five columns, headed respectively: "Claimants," "Notices,"
" WJjen received," " Date of notices," " When and wLere recorded."

22. An index to the register of births and deaths.

4237. Ilecords of cerlifwates of sale.

Sko. 4237. The recorder must keep in his office a book to be called "Certif-
icates of sale," and record therein all certificates of sale of real estate sold
under execution or under order made in any judicial proceecling. He must
also prepare an index tliereto, in which in separate columns he must enter the
names of the i)]aintiff in the execution, the defendant in the execution, the pur-
chaser at the sale, and the date of the sale.

n48

GOVERNMENT OF COUNTIES. 4238-4244

4238. To record decrees of parti (ion.

Sec. 4238. The recorder must file uiid record with the record of deeds, f,a-ants,
and transfers, certified copies of final judgments or decrees partitioning or
affecting the title or j)ossession of real property, any part of -svhich is situate in
the county of which he is recorder.

4239. Filing of coprj to imparl ■notice.

Sec. 4239. Every such certified cojjy of partition, from the time of the filing the
same with the recorder for record, imparts notice to all persons of the contents
thereof; and subsequent purchasers, mortgagees, and lienliolders, purchase and
take with like notice and effect as if such copy of decree was a duly recoi'ded
deed, grant, or transfer.

4240. May keep two or more indexes in name volume.

Sec. 4240. The recorder may keep in the same volume any two or more of
the indexes mentioned in section 4236, but the several indexes must be kept
distinct from each other, and the volume distinctly marked on the outside in
such way as to show all the indexes kept therein. The names of the parties in
the first column in the several indexes must be arranged in alphal)etical order,
and when a conveyance is executed by a sheriff, the name of the sheriff and the
party charged in the execution must both be inserted in the index, and when
an instniment is recorded to which an executor, administrator or trustee is a
j)arty, the name of such executor, administrator, or trustee, together with the
name of the testator or intestate, or party for whom the trust is held, must be
inserted in the index.

4241. Recorder's duty on receipt of instrument to he recorded.

Sec. 4241. When any instrument, paper or notice, authorized by law to be
recorded, is deposited in the recorder's office for record, the recorder must
indorse upon the same the time when it was received, noting the year, month,
day, hour, and minute of its reception, and must record the same without
delay, together with the acknowledgments, proofs, and certificates, written
upon or annexed to the same, with the plats, surveys, schedule, and other
papers thereto annexed, in the order and as of the time when the same was
received for record, and must note at the foot of the record the exact time of
its reception, and the name of the person at whose request it was recorded.

4242. Recorded instruments to he indorsed.

Sec. 4242. He must also indorse upon each instrument, pai)er or notice, the
time when and the book and pages in which it is recorded, and must thereafter
deliver it upon request to the party leaving the same for record, or to his
order.

4243. Recorder to make searches.

Sec. 4243. The recorder must, upon the application of any person, and upon
the payment or tender of the fees therefor, make searches for conveyances,
mortgages, and all other instruments, papers, or notices recorded or filed in his
office, and furnish a certificate thereof, stating the names of the parties to such
instruments, papers, and notices, the dates thereof, the year, month, day, hour,
and minute they were recorded or filed, the extent to which they purjwrt to
affect the property to which they relate, and the book and pages where they are
recorded.

4244. Liable for neglect of certain duties.

Sec. 4244. If any recorder to whom an instrument, proved or acknowledged
according to law, or any paper or notice which may by law be recorded, is
delivered for record:

1. Neglects or refuses to record such instrument, paper, or notice, within a
reasonable time after i-eceiviug the same; or,

549

4244-4256 POLITICAL CODE.

2. Records anv insti-ument, papers, or notices untruly, or in any other man-
ner tlinu as hereinbefore directed; or,

8. Neglects or refuses to keep in his office such indexes as are required by
tliis article, or to make the proper entries therein; or,

4. Neglects or refuses to make the searches and to give the certificate required
by this article; or if such searches or certificate are incomplete and defective in
any important particular affecting the property in respect to which the search
is requested; or,

0. Altei-s, changes, or obliterates any records deposited in his office, or inserts
any new matter therein;

— He is liable to the party aggrieved for three times the amount of the dam-
ages which may be occasioned thereby.

4245. Fees la be prepaid.

Slc. 4245. He is not bound to record any instrument, or file any pajDcr or
notice, or furnish any copies, or to render any service connected with his office,
until his fees for the same, as jn-escribed by law, are, if demanded, x^aid or
tendered.

4246. liecords to he open for- inspection.

Si-c. 4240. All books of record, maps, charts, surveys, and other papers on
tile in the recorder's office, must, during office hours, be open for the inspection
of any person who may desire to inspect them, and may be insjDected without
rharge; and the recorder must arrange the books of record and indexes in his
office in such suitable 2)laces as to facilitate their inspection.

ARTICLE VIII.

DISTRICT ATTORNEY.

4256. Dnlies of district attorney.

Sec. 4250. The district attorney is the public prosecutor, and must :

1. Attend the district and county courts, and conduct, on behalf of the people,
all i)rosecutious for public offenses;

2. Institute proceedings before magistrates for the arrest of persons charged
with or reasonably suspected of public offenses, when he has information that
rM\ such offenses have been committed; and for that purx^ose, when not engaged
.n criminal proceedings in the district or county courts, must attend upon the
magistrates in cases of arrest, when required by them, and attend before and

rive advice to the grand jury, whenever cases are joresented to them for their
• •onsideration;

;i Draw, all indictments, defend all suits brought against the state or his
county, prosecute all recognizances forfeited in the courts of record, and all
actions for the recovery of debts, fines, penalties, and forfeitures accruing to
tlic state or his county;

4. Deliver receipts for money or property received in his official capacity, and
file duplicates thereof with the county treasurer;

5. On the first Mondays of January, April, July, and October in each year,
file with the auditor an account, verified by his oath, of all moneys received by
liim in his ofliciiil ca}(acity during the preceding three months, and at the same
lime jiay it over to the county treasurer;

('). Give when required, and without fee, his opinion (in writing) to county,
district, and township officers on matters relating to the duties of their respective
oflif-es; and,

7. Keej) a register of official business, in which must be entered a note of every
action, whether criminal or civil, prosecuted officially, and of the proceedings
therein;

8. Perform such otlier duties as are prescribed by law.

550

GOVERNMENT OF COUNTEES. 425G-4275

4257. Legal advispr of supervisors.

Sec. 4257, The district attorney is the legal adviser of the hoard of fiupen-isors.
He must attend their meetings when required, and must attend and oppose all
claims and accounts against the county when he deems them unjust or illegal,

4258. ]\[i(st not act as ait o nicy for claims against his oivn coiinlij.

Sec. 4258. The district attorney, except for his own services, must not present
any claim, account, or demand for allowance against the county, nor in any way
advocate the relief asked on the claim or demand made by another,

ARTICLE IX,

SUKVEYOR.

4268. County surveyor to make surveys on application made to him.

Sec. 42C)8. The surveyor must make any survey that may be required by the
order of court, or upon application of any j^erson, keep a correct and fair
record of all surveys made by him, number them in the order made progres-
sively, and preserve a copy of the field notes and calculations of each survey,
indorse thereon its proj^er number, a copy of which, and a fair and accurate
plat, together with the certificate of survey, must be furnished by him to any
person upon payment of the fees allowed by law.

4269. Surveys of lands in two counties.

Sec. 4269. Any person owning or claiming lands which are divided by county
lines, and wishing to have the same suiweyed, may apply to the surveyor of any
county in which any part of such land is situated, and on such aj^plication
being made the surveyor must make the survey, which is as valid as though the
lands were situated entirely w^ithin the county.

4270. Uisputes before court concerning title to lands in tico counties.

Sec. 4270. "When land, the title to which is in dispute before any court, is
divided by a county line, the court making an order of survey may dii'ect the
order to the surveyor of any county in which any part of the land is situated.

4271. Courses to be rmi by true meridian.

Sec 4271. In all surveys the courses must be expressed according to the tnie
meridian, and the variation of the magnetic meridian from the true meridian
must be expressed on the plat, with the date of the suiwey,

4272. Surveyor to employ assistants, ichen.

Sec 4272. If a party for whom a survey is made does not furnish the chain-
men and markers, the surveyor may employ the necessary chainmen and markers,
and receive the reasonable hire of all assistance necessarily emiDloyed.

4273. Surveyor to transmit plat and field notes to surveyor-general when required.
Sec 4273. Each county surveyor, immediately after making any survey,

except surveys of city or town lots, must make out a copy of the field notes and
plat, and transmit the same to the surveyor-general, indicating plainly u]>on the
plat at what point of any line any river or stream or county line is touched or
crossed. He must communicate to the surveyor-general such infoimation con-
cerning surveys made by him, and other matters connected with the duties of
his office, as may be required.

4274. To assist surveyor-general, when.

Sec. 4274. Each county surveyor must, when required, aid and assist the
surve3'or-general in making surveys within the county.

4275. When county surveyor is interested in lands, court to appoint some other

person.
Sec. 4275. When the county sui-^-eyor is interested in any land the title to

551

4275^290 POLITICAL CODE.

wbich is in dispute and a survey thereof is necessary, the court must direct the
survey to be made by some disinterested j^erson, and the person so appointed
is for that purpose authorized to administer and certify oaths. He must return
such survey, verified by his afiidavit annexed thereto, and receive for his services
the same fees as the county surveyor woukl be entitled to for simihir services.

ARTICLE X.

CORONER.

4285. Corourr to hold inqued.

Si;c. 4285. The coroner must hold inquests as prescribed in Chapter II, Title
XII. Part II of the Penal Code. [See post, 14,510.]

4286. Coroner to bury body, tvhen.

Sec. 428G. TMien an inquest is held by the coroner, and no other person takes
charj^'-e of the body of the deceased, he must cause it to be decently interred;
and if there is not sufficient property belonging to the estate of the deceased to
l^ay the necessary expenses of the burial, the expenses are a legal charge against
the county.

4287. To deliver to county treasurer property, etc., found on body.

Sec. 4287. The coroner must, -uithin thirty days after an inquest upon a dead
body, deliver to the county treasurer or the legal representatives of the deceased
any money or other 2)roi)ei'ty found upon the body.

4288. Auditing accounts of coroner.

Sec. 4288. Before auditing or allowing the accounts of the coroner, the super-
visors must require him to file with the clerk of* the board a statement in writ-
ing, verified by his affidavit, showing:

1. The amount of money or other property belonging to the estate of the
deceased person which has come into his possession since his last statement;

2. The disposition made of such property.

4289. Justice of jwace to act as coroner in certain cases.

Sec. 4289. If the office of coroner is vacant, or he is absent or unable to
atteud, the duties of his office may be discharged by an}' justice of the peace
of the county, with the like authority and subject to the same obligations and
I'«ii.ilties as the coroner.

4290. Coroner to discharcje duties of sheri//', when.

Sec. 4290. In the cases s])ecified in Article IV of this chapter, the coroner
must discharge the duties of sheriff.

An Ac-t conceruing the attendance of pbj'siciatis and surgeons in certain cases, and to pro-
vide payiijeut for making cLemical and post-mortem examinations.

Apiiroved February 8, 1872; 1H71-2, 81.

Coroner may sumiiion physician, suryeon or chemist.

Section 1. The coroner or other officer holding an inquest upon the body of
a deceased person may summon a physician or surgeon to inspect the body, or
a chemist to make an analysis of the contents of the stomach, or the tissues of
tiie body of the deceased, and to give a professional opinion as to the cause of
the death.

Compensation.

Sec 2. Any physicLan, surgeon, or chemist professionally attending as a wit-
ness on an inquest, or upon a trial of any person charged with murder or man-
slaugliter, or in cases de lunatico inquirendo, as above provided, shall be allowed
a reasonable compensation for such attendance or examination by the board of
supervisors, upon the written certificate of the court or officer requiring such

552

GOVEENMENT OF COUNTIES. 4290

services, as to the extent and supposed value of the same; provided, that such
certificate shall not be conclusive as to the amount of compensatiuu.

An Act in relation to coroners in the city and county of Sun Francisco.
Approved March 10, 1872; 1H71-2, 403.

Official oath and bond.

Section 1. Every person elected or apjiointed to the office of coroner, hefore
he shall enter upon the duties of such otHce, shall take the constitutiunul oath
of office, and give an official bond in the sum of five hundred dolhirs.
Coroner's duties.

Sec. 2. The duties of coroner shall be, first, to hold inquests upon the bodies
of persons slain, or who shall have committed suicide, or been found dead
under such circumstances as to lead to a suspicion of crime committed, within
the county in which such coroner resides; second, to issue process for the arrest
of one charged upon inquest with murder or manslaughttu'; to hold inciuest on
the body of every prisoner Avho dies in jail; and it shall be the duty of the jailer,
whenever a prisoner dies in his custody, to send for the coroner who has juris-
diction, who shall hold inquest ujoon the body of such prisoner. The duties of
coroners upon inquests shall not be delegated.
Notice of death.

Sec. 3. Whenever any coroner shall receive notice that any person has been
slain, or has committed suicide, or has died suddenly, or has been found dead
under circumstances such as to require an inquisition, it shall be his duty to go
to the i^lace where such person shall be, or if the body shall have been inteiTed,
shall cause it to be disinterred, and shall forthwith summon not less than nine
or more than fifteen jiersons to serve as jurors, to appear before him forthwith
at such place as he shall appoint, and make inquisition concerning such death.
He shall summon none but persons duly qualified by law to serve as jurors, and
no such person shall be exempt except at the discretion of the coroner. No
person shall be summoned who is related to the deceased, or to any person who
may be suspected or charged with the killiug; nor shall any one be summoned
who is known to be prejudiced for or against him, but the jurors who are
selected and appear shall not be challenged by any party. [Amendment, ap-
proved March 23, 1876; 1875-6, 397; took effect from passage.
Forfeiture.

Sec. 4. Every person summoned as a juror who shall fail to appear without
having a reasonable excuse, shall forfeit a sum not exceeding the sum of two
hundred dollars, to be recovered by the coroner, in the name of the people of
the state, before any justice of the peace in the proper township, and when col-
lected to be paid into the county treasury for t^e use of the county.
Swearing jury.

Sec. 5. When six or more of the jurors attend they shall be sworn by the
coroner and charged by him to inquire hoAV and in what manner and when and
where such person came to his death, and who such person was, and into all
the circumstances attending such death, and to make a true inquisition accord-
ing to the evidence ofi'ered to them or arising from the inspection of the body.
Inquest.

Sec. 6. There shall be but one inquest upon a body, unless that taken be set
aside by the court; and there shall be but one inquest held upon several bodies
of persons who were killed by the same cause and who died at the same time.
Whenever it shall appear that an error in the identity of the body has been
made by the jury, it shall be discretionary with the coroner to call another in-
quest upon the body without reference to the court, and a memorandum of the
error shall be entered upon the erroneous inquisition.

553

4290 POLITICAL CODE.

To view the body.

Sec. 7. After the juiy have been sworn and charged by the coroner, they
shall go together -n-ith the coroner to view and examine the body of the dec-eased
pei-son. They shall not proceed upon the inquest until they have so viewed
the body. After the jury have viewed the body they may retire to any conve-
nient place to hear the testimony of witnesses and deliberate upon their verdict.
For this end the coroner may adjourn the iuquest from time to time, as may be
necessary.
Isaue suhpania.

Sec 8. The coroner may issue subjDoenas for witnesses, returnable forthwith
or at such time aud place as he may appoint therein, which may be served by
any competent person by reading the same to the witness or informing him or
her of the contents thereof, aud such Avitness shall not be entitled to any fee
for attendance. Every person served with such subpoena shall be liable to the
same penalties for disobedience thereto, and his attendance may be enforced in
like manner as in case of subpoenas issued b}' a justice of the peace.

Wifnesse.i.

Sec 9. The coroner shall summon and examine as witnesses eveiy person
who, in his oijiuion or that of the jury, has any knowledge of the facts, and he
may summon a surgeon or j^hysician to inspect the body and to give a profes-
sional opinion as to the cause of death; and if it shall be necessary, the coroner
may cause a post-mortem examination or chemical analysis to be made, and the
expense of such examination or analysis shall be a county charge, to be fixed by
the board of supervisors.
VerdicL

Sec 10. "Witnesses produced shall be sworn by the coroner, and the whole of
the testimony shall be reduced to writing by the coroner, or under his direction,
and signed by the witnesses in the presence of the jury, and each deposition
shall liave a jurat attached. The jury, after hearing all the testimony offered
before them, shall retire as jurors in other cases and deliberate upon their ver-
dict, suffering no one, not even the coroner, to mingle with them in their delib-
erations; but they may, as in the case of jurors in the courts of law, take the
opinion of the coroner ujjon any question of law that may arise upon the inves-
tigation.

Dialrici ailorney.

Sec 11, The coroner may call uj)on the district attorney to assist him in the
examination of witnesses, and the jurors may put any proper question to the
witness, but the party susj^ected or charged Avith the crime shall have no right
to produce witnesses on the inquest, or to cross-examine those produced on
behalf of tlie people by himself or counsel; nor shall it be necessary that he
be i)resent during tlie examination. But it shall be the duty of the coroner to
examine any witness who he may have reason to believe may know anything
concerning the matter pertinent to the inquiry, and to put to any witness any
proper and i)ertinent question that such person may desire. Such party
suspected or cliarged, liowever, may be attended by counsel on the intjuest to
a<lviHe with him as to Ijis rights in answering any question that may be put to
Lim wlien under examination. If the party accused of the crime be present
at the inquest, and is then charged with the crime, or the testimony tends to
criminate liini, and lie is called upon by the coroner to testify, it is the duty of
the coronrr first to inform the accused that he is at liberty to refuse to answer
any question that he mtxy put to him, otherwise his answer on such examina-
tion cannot be read in evidence against him when on trial for the offense. But
if such [torson is not under arrest or charged Avith the crime, his answer may

554

GOVERNMENT OF COUNTIES. 4290

be given in evidence against him on his subsequent trial for tlio crime charged,
though the coroner may not have so advised Lim of his rights. The jury must
hear all the evidence ofi'cred before them, Avhether it be in favor (jf or against
any party suspected of the killing.

Investigation not limited.

Sec. 12. Upon the investigation the coroner's jury shall not be limited in
their inquiry like a jury upon the trial of one charged with tlie crime; their
duties shall be to determine if a crime has or has not been committed; and if a
crime has been committed, who perpetrated or caused the same to be perpe-
trated, and all the circumstances attending it; and any proper testimony
tending in any degree to throw light upon the subject may be i)roi)erly given.
Matters of opinion, except of professional witnesses, or hearsay evidence, shall
not be i^ermitted.

Written verdict.

Sec. 13. When the jury shall have agreed upon a verdict they shall reduce
their inquisition to writing, which writing shall show before what coroner the
same was taken, and that the same was taken upon the oath of good and law-
ful men of the county, who were first duly sworn; and it must also show by
whom and W'hen the same was executed. They shall also find and certify who
or in what manner and when and where the person so dead came to his
death, and all the circumstances attending such death; and if a crime has
been committed in the case who were gTiilty thereof, either as principal
or accessory, and in what manner. The jury shall not be required to find
who were accessories after the fact — only those before the fact. If the per-
son who is found dead is unknown, or the person w^ho caused the death is
unknown, the jury shall so find; and they shall find, if the fact so appears
before them, whether the killing was accidental or suicide, murder or man-
slaughter, excusable or justifiable homicide; and if the manner of the death is
unknown, they shall so state. Such inquisitions shall be signed by such
jurors, and the coroner shall certify the fact that the inquest Avas held, and
indorse under the verdict his approval or non-approval of the same.

Jii7'y may separate.

Sec. 14. It shall not be necessary that the jury should be kept together
until they have agreed upon a verdict. If there shall appear any irreconcilable
opinion as to any material fact concerning which they are to make inquest, the
jurors agreeing may find accordingly, and two or more inquisitions may be
presented.

Coroner.

Sec. 15. If the jury find that any murder or manslaughter has been commit-
ted, the coroner shall bind over the witnesses against the accused to appear
and testify at the next court or grand juiy, or before any coui-t at which an
indictment for such offense can be found and triable that shall be held in the
county, and obey all orders of said court in the premises. Such recognizance
shall be in writing, and shall be subscribed by the parties to be bound thereby.
Said recognizances shall be made payable to the people of the State of Califor-
nia. The amount of the same shall be fixed by the coroner, county judge, or
by the district attorney, and approved by the county judge or any of the judges
of a court of record; and in case of their refusal to sign such recognizance,
the coroner shall have power to commit such witness as in the case of exami-
nation of criminals by a magistrate.

Testimony returned to county clerk.

Sec. 16. The testimony of all witnesses examined before a coroner's jury,

555

4290 POLITICAL CODE.

tog-etlier with the inquisition of the jury, and all recognizances taken by such
coroner, shall he returned by him forthwith to the county clerk of his county.

Power of coro Iter.

Sec. 17. The coroner shall have the same jDOwer on all investigations or
inquests as are allowed by law to judges of courts of record in this state to
preserve order in the matter of investigations before him; and for any disre-
spect shown towards him or contempt of his authority in his investigations by
any juror, witness, or other person, he shall have power to issue an order for
the arrest of said j^erson or persons, and forthwith to have said person or
persons brought before the police judge or county judge of his county, to be
punished according to law.

Coulempt.

Sec 18. Any juror, witness or other j^erson summoned as juror, witness, or
any other person who may be in attendance on any official investigation, who
shall use any disrespectful language towards said coroner, or behave disrespect-
fully towards said coroner in his presence, shall be declared guilty of contempt,
and shall be Uable to pa}- a tine not to exceed one hundred dollars, or be
impiisoned in the county jail of said county not to exceed sixty days; said
imprisonment to be enforced by any of the magistrates named in the preceding
sections, ujion the warrant of the coroner as provided for in the last section.

To issue process.

Sec. 19. If the coroner's jury find that any murder or manslaughter has been
committed, and the person charged with such ofi'ense be not in custody, the
coroner shall have power to issue process for the arrest of the person charged.
The wari'ant of an-est must be under the hand of the coroner, and must recite
the finding of the jur}' upon the inquest, and be directed to the sheriff, or to
any constable, marshal, or policeman of the count}', and commanding the officer
to whom it shall be directed forthwith to take the person accused of having
committed such offense, and to bring him before a committing magistrate, to
be dealt with according to law. The warrant of the coroner shall be served in
tlie same manner, and in the same places as criminal process issued by a justice
of the peace in any county of the state, without indorsement by a magistrate of
such county.

Burial of indigent dead.

Sec. 20. AVheu the inquest shall be held by the coroner, and there shall be
no friends to take charge of the body of the deceased, it shall be the duty of
the coroner, after the same has been viewed by him and the jury, to see that it
is properly buried, and for that pur^jose, he shall immediately give notice to
tlie i)ers<m or firm having the contract for the burial of the indigent dead, for
burial of the body, and it shall be buried by him, under the provisions of said
contract. [Amendment, approved March 30, 1874; 1873-4, 908; took effect from
pasmfje.

Money and valuable.^.

Sec. 21. It shall be the duty of the coroner to take charge of all money and
other valuable things which may be found with or upon the bodies of persons
on whom inquests shull be held, when there is no other persons legally entitled
to take charge of the same; and he shall forthwith make out and enter in a
lx)ok to be kept in his office, open to public inspection, a full and complete
inventory of all money, and every article or thing of value found with or upon
said deceased, and he hhall also make an entry in said book, of any note or
memorandum found u^jon said deceased, that may tend, in any way, in the
future, to identify said person. Said coroner shall, within thirty days after the

5oG

GOVERNMENT OF COUNTIES. 4290

holding of such inquest, deliver over to the treasurer of said city and count v,
all such money or valuable things which have not heen claimed l>y legal repre-
sentatives of the deceased or the public administrator. Said coroner shall also
keejD in his office another book, open to public inspection, in which he shall
enter a full description of every article and thing, and all money found with or
upon the bodies of deceased persons, or belonging to said deceased persons,
that may come into his possession, before he delivers up, or i^ermits the same
to go out of his possession; and no money, article, thing, or property of any
nature or kind, shall be delivered to any person, until the same shall have been
entered in said book as aforesaid, and signed in the presence of said coroner,
by the person receiving the same. [Amendment, approved March 30, 1874;
1873-4, 908; took effect from passage.

Failure to perform duties.

Sec. 22. For a failure on the part of the coroner to perform such duty
required by the last section, or any of the duties required by this act, he shall
be deemed guilty of a misdemeanor, and on conviction thereof shall be punished
by a fine not exceeding five thousand dollars, or imprisonment in the county
jail not to exceed one year, and shall be liable on his official bond for any and
all moneys, chattels, and proj^erty which shall be found on said deceased, and
which shall or may come into his possession belonging to said deceased; the
same to be recovered in the name of any party who may be entitled to recover
the same in any court ha^•ing jurisdiction thereof.

Property, how disposed of.

Sec. 23. Upon the delivery of money so found to the treasurer, he shall place
it to the credit of the county. If other property, and perishable in its nature,
he shall within thirty days sell the same at public auction, upon reasonable
public notice', and shall in like manner place the proceeds to the credit of the
county. Other property shall only be sold upon the order of the county judge.
If the said money or property in the treasury be demanded within six years by
the legal representatives of the deceased, the treasurer shall, upon legal show-
ing, after deducting the fees and expenses of the coroner, and of the county in
relation to the matter, pay the balance thereof to such legal representative.

Statement of coroner.

Sec. 24. Before auditing and allowing the accounts of the coroner, the super-
visors of the county shall require a statement from him, in writing, containing
an inventory of all money and other valuables found with or \\\io\i all persons
upon whom inquests shall have been held, and the manner in which the same
has been disposed of, verified by the oath or affirmation of the coroner making
the same that such statement is in all respects just and true, and that the money
and other articles mentioned therein have been delivered to the treasurer of the
county, or to the legal representatives of such person or persons.

Coroner to act as sheriff.

Sec. 25. The coroner shall i3erform the duties of sheriff in all cases when the
sheriff is interested or otherwise incapacitated from serving. Whenever the
coroner acts as sheriff he shall possess the poAvers and perform all the duties of
the sheriff, and shall be entitled to the same fees as are allowed by law to the
sheriff for similar services.

Vacancy .

Sec. 2G. If the office of coroner be vacant, or he be absent or unable to
attend, the duties of his office may be performed by any justice of the peace of
the county, with the like authority and subject to the same obligations and
penalties as the coroner.

557

4290-4301 POLITICAL CODE.

Record of inquests.

Sec. 27. The coroner of the city and county of San Francisco, in addition to
the duties imposed by this act upon every coroner, shall keep a record of all
im|uest.s held by hiiu, \Yith a copy of all testimony and the inquisition of the
juries in full; and in case of loss of the on>injd records, the same shall be
admissible in evidence with like effect as the oiiginal would have been.

DepuUj coroners and messenger.

Sec. 28. The coroner of said city and county shall be authorized to appoint
two clerks, who shall be sworn to act as first and second deputy coroners in all
niattei-8, except those duties on inquests which have been forbidden to be dele-
gated by this act. The salary of the clerk sworn to act as first deputy coroner
shall not exceed one hundred and fifty dollars per month, and the salary of the
clerk sworn to act as second deputy coroner, one hundred and twenty-five dol-
lars jier month, which shall be j)aid from the special fee fund of the said city
and county. The coroner of said city and county shall be authorized to appoint
a messenger, whose duty it shall be to have charge of the dead-wagon, keep in
order the morgue, and perform such other duties as are required by the coro-
ner or his deputies in connection with the duties of his ofiice. He shall receive
a salary not to exceed seventy-five dollars per month, to be paid in like manner
as that of the coroner's clerks. [Amendment, approved March 22, 1876; 1875-6,
397 ; took effect from passage.

Supervisors to jn'ovide rooms and morgue.

Sec 29. The board of supervisors of the city and county of San Francisco
are hereby authorized to provide a suitable office and jury room and dead-house
or morgue, with the furniture necessaiy^ to enable the coroner to efficiently dis-
charge the duties of his office, and to make the necessary appropriation therefor.
They are further authorized to audit and pay, for the necessary exj^enses of
maintaining the morgue and offices attached, such sum as may be necessary,
not to exceed seventy-five dollars per month, to be paid out of the general
fund.

Salarxj.

Sec. 30. The coroner of the city and county of San Francisco shall receive
no fees fur any services rendered by him, but he shall in lieu thereof receive
a salary of four thousand dollars per annum, payable in like manner as other
county officers within said county, to be audited by the auditor and paid out of
the same fund jirovided for in the city and county treasury as in the cases of
other officers in said city and county.
Itej}ealing.

Sec. 31. All acts or parts of acts in conflict with the provisions of this act,
Ko far as they so far conflict, are hereby repealed. This act shall apply only to
the city and county of San Francisco.

Sec. 32. This act shall be in force from and after its passage.

ARTICLE XI.

ASRESfiOnS, TAX COLLECTOUS, school SUPEUINTENDENTS, public ADmNISTRATOnS AND

COMMISSIONEU OF HIGHWAYS.

4300. J)iilii'H of assesmr.

Sec. 4300. Tlie assessor must perforin such duties as are i^rescribed in Title
TX, Part III, «.f this Code. |See ante, 3607.]

4301. I fill u'n of tax collector.

Sec. 4301. The tax collector must perform sucli duties as are prescribed in
Title IX, Part III, of this Code, [See ante, 3607.]

558

GOVEKNMENT OF COUNTIES. 4302-4329

4302. Duties of school superintendents.

Sec. 4302. The school superintendent must perform such duties as are pre-
scribed in Title III, Part III, of this Code. [See ante, 1385.]

4303. Duties of public administrator.

Sec. 4303. The public administrator must perform such duties as are pre-
scribed in Chapter XIII, Title XI, Part III, of the Code of Civil Procedure.
[See post, 11,726.]

4304. Duties of commissioner of highwatjs and road overseers.

Sec. 4304. The commissioner of liig-hways and road overseers must perform
such duties as are prescribed in Title VI, Part III, of this Code. [See ante,
2348.]

ARTICLE XII.

CONSTABLES, JUSTICES OF THE PEACE AND INFERIOR OFFICERS.

4314. Constables to attend justices' cotirts.

Sec. 4314. Constables must attend the courts of justices of the peace within
their townships whenever so required, and within their counties execute, serve
and return all process and notices directed or delivered to them by a justice of
the peace of such county or by any competent authority.

4315. Governed by the laiv prescribing sheriffs' duties.

Sec. 4315. All the provisions of Article IV of this chapter, except the fourth
and sixth subdivisions of section 417G, apply to constables and govern their
powei's, duties and liabilities.

4316. Duties of justices of the peace.

Sec. 431G. Justices of the peace must perform such duties as are prescribed
in Title XI, Part II, of the Code of Civil Procedure, and such other duties as
are prescribed by law. [See post, 10,832.]

An Act If'galizing the official acts of constables in this state, i^erformed between the first Mon-
day of January and the first Monday of March, 1874.

Approved March 27, 1874; 1873-4, 700.

Official acts of constables declared valid.

Section 1. All official acts performed between the first Monday of January
and the first Monday of March, eighteen hundred and seventy-four, by the sev-
eral constables in this state who were elected at the general election held in the
month of September, eighteen hundred and seventy-three, are hereby declared
valid.

Sec. 2. This act shall take effect immediately.

CHAPTER IV.

SALASIES AND FEES OF OFFICE.

4328. Salaries of county judges and district attorneys.

Sec. 4328. The salaries of county judges and district attorneys must be paid
monthly from the county treasury, on the warrants of the county auditor.
Their salaries are fixed in the succeeding sections of this chapter.

4329. Salary of county judges fixed.

Sec. 4329. The salaries of county judges are as follows:

1. Of San Francisco, five thousand dollars;

2. Of Sacramejito, three thousand dollars;

3. Of Alameda, twenty-five hundred dollars;

4. Of Nevada and Yulia, twenty-four hundred dollars;

559

4320 POLITICAL CODE.

5. Of Amador, Los Angeles, Napa, Placer, San Joaquin, Santa Clara, So-
lano, and Sonoma, two thousand dollars;

6. Of Butte, Colusa, Contra Costa, El Dorado, Marin, Mendocino, Merced,
Siskiyou, Stanislaus, Sutter, Tehama, and Yolo, fifteen hundred dollars;

7. Of Calaveras, Fresno, Humboldt, Kern, Mariposa, Monterey, Plumas,
San Luis Obispo, Santa Barbara, Santa Cruz, Shasta, Sierra, and Tuolumne,

• twelve hundred dollars;

8. Of Alpine, Klamath, Lake, Lassen, San Diego, San Mateo, Trinity, and
Tulai-e, one thousand dollars; and

9. Of Del Norte, Inyo, Mono, and San Bernardino, eight hundred dollars.

[It will be noticed that above section 4328 provides that the salaries of the
couuty judges shall be paid monthly, and section 4329 fixes the salaries at cer-
tain sums, without saying " annual" or "per annum." Whatever was meant,
the sums so fixed have in some cases been altered by subsequent sjjecial and
local laws as follows:

In Butte to two thousand dollars per annum, by act of March 27, 1874;
1873-4, 733.

In Colusa to twenty-four hundred dollars per annum, by act of March 30,
1874; 1873-4, 873.

,In El Dorado, it seems, to one thousand dollars per annum, by act of March
27, 1872; 1871-2, 592.

In Fresno to eighteen hundred dollars j)er annum, by act of March 13, 1874;
1873-4. 349.

In Invo to twelve hundred dollars per annum, by act of February 27, 1874;
1873-4, 'l77.

In Kern to eighteen hundred dollars per annum, by act of March 13, 1874;
1873-4, 349.

In Lake to one thousand dollars per annum, by act of March 31, 1876;
187.5-(;, .599.

In Lus Angeles to three thousand dollars per annum, by act of February 2,
1872; 1871-2, G2.

In Marin to eighteen hundred dollars per annum, bv act of March 18, 1874;
1873-4, 433.

In ^Mariposa to eighteen hundred dollars -pev annum, by act of February 7,
1874; 1873-4, 83.

In Merced to sixteen hundred dollars per annum, by act of March 26, 1874;
1873-4, 600.

In Modoc the salarv is one thousand dollars per annum, by act of Febiniary
17, 1874; 1873-4, 124.

In Napa to eighteen hundred dollars per annum, by act of March 16, 1874;
1873-4, 392.

lu San Benito the salarv is twelve hundred dollars per annum, by act of Feb-
ruary 12, 1874; 1873-4, 95.

In San Bernardino to twelve hundred dollars per annum, b}' act of February
17, 1874; 1873-4, 101.

In San Diego to two thousand dollars per annum, bv act of February 17,
1874; 1873-4, 101.

In Surj_Luis Obis])o to two thousand dollars per annum, by act of March 26,
1874; l>S(:>-4, 018; changed to eighteen hundred dollars per annum, after 1880
by act f>f March 31, 1870; 1875-6, 008.

In San ^Matoo to two thousand dollars per annum, by act of March 18, 1874;
1873-4,479. ^ "^

In Santa Clara to three thousand dollars per annum, by act of March 25,
1874; 1873-4, 010, and by suhseqiient act of February 10, 1876; 1875-6, 35.

In Santa Cruz to twelve hundred dollars per annum', by act of March 30, 1876;
1875-0, 570.

In Sonoma to three thousand dollars per annum, by act of March 10, 1874;
1873-4,382. ' "^ . ' '

In Stanislaus to fifteen hundred dollars per annum, by act of March 4, 1874;
1873-4,277. ^ ^

500

GOVERNMENT OF COUNTIES. 4329^330

In Tulare to eighteen bundled dollars per annum, In- act of March 13 1874-
1873-4, 349.

In Tuolumne to one thousand dollars per annum, by act of Februaiy 10, 1876;
1875-6, 45.

In Ventura the salary is twelve hundred dollars per annum, l)y act of March
26, 1874; 1873-4, G18.

In Yolo to eighteen hundred dollars per annum, by act of March 18 1H74-
1873-4, 420.]

4330. Salary of district atforneys fixed.

Sec. 4330. The annual salaries of district attorneys are as follows:

1. Of San Francisco, five thousand dollars.

2. Of Sacramento, thirty-six hundred dollars.

3. Of Los Angeles, three thousand dollars.

4. Of San Joaquin, Santa Clara, and Alameda, twenty-five hundred dollars.

5. Of Butte, seventeen hundred dollars.

6. Of Nevada, two thousand dollars; and of Colusa, eighteen hundred
dollars.

7. Of Sonoma, eighteen hundred dollars.

8. Of El Dorado, Placer, Amador, Marin, Contra Costa, Tuolumne, Napa,
Yolo, Yuba, and Santa Cruz, fifteen hundred dollars.

9. Of Mariposa, Merced, San Mateo, Shasta, Siskiyou, Stanislaus, Tehama,
Fresno, Kern, Mendocino, San Luis Obispo, Santa Barbara, Tulare, San Diego,
and Plumas, twelve hundred dollars.

10. Of Monterey, Sutter, Tiinity, Sierra, and Calaveras, one thousand
dollars.

11. Of Inyo and Lassen, eight hundred dollars.

12. Of Del Norte, Humboldt, Klamath, Lake, and San Bernardino, seven
hundred dollars.

13. Of Ali^ine, six hundred dollars.

14. Of Mono, five hundred dollars. [Amendment, approved March 28, 1872;
1871-2, 653; took effect from passage.

[The foregoiug amendment constituted section 1 of "An Act in relation to
the political code, " approved March 28, 1872; 1871-2, 653. That act contained
two additional sections, as follows:]

Sec. 2. With relation to the acts passed at the present session of the legisla-
ture, section forty -three hundred and thirty of the Political Code must be con-
strued as though it had been passed on the last day of the present session.

Sec. 3. This act and section forty-three hundred and thirty of the Political
Code as herein amended, shall be iniorce and effect from and after the passage
of this act.

An Act in relation to the office of iliatrict attorney in Santa Crnz county.
Approved March 20, 1872; 1871-2, 140.

District attorney' s fee in Santa Cruz county.

Section 1. In all cases where the district attorney of Santa Cniz county
secures a conviction of any person charged with felony or misdemeanor, and
cannot obtain the fee allow-ed by law for such conviction from the person con-
victed, the said fee shall be a charge against the county, and shall be allowed
and paid as other claims and charges against said county.

Sec 2. This act shall take effect immediately.

An Act to better define the duties and fix the compensation of certain officers of Solano

county.

Approved March 27, 1872; 1871-2, G24.

Sheriff, license collector.

Section 1. The sheriff of Solano county shall be ex officio collector of all
36 561

4330 POLITICAL CODE.

licenses in said county, and receive therefor the fees now allowed by law, and
be allowed as jailer a salary of twelve hundred ($1200) dollars per annum,
which shall be paid monthly out of the county treasury of said county.

Salaiy of comity cleric.

Sec 2. The county clerk of said county shall receive for all services required
of him as county clerk and ex officio clerk of the district court, county court,
probate court, board of supervisors, and board of equalization, a salary of four
thousand dollars per annum, which salary shall be in full for all services re-
quired uf him as aforesaid, and it shall be paid monthly out of the county treas-
ul•^•. He shall collect and safely keep all fees of whatever kind or nature
allowed him by law for sen-ices rendered by him in his several official capacities,
and upon the first Monday of each and every month shall pay the same over to
the county treasurer of said county, and shall at the same time make out and
tile with said treasurer a full and accurate statement, under oath, of all fees, of
whatever kind or nature, received in his several official cajDacities for the pre-
ceding month.

Salary o/diafrict attorney.

Sec. 3. The district attorney of said county shall receive a salary of two thou-
sand and two hundred dollars j^er annum, which shall be paid monthly out of
the treasury of said county.

Duty of auditor.

Sec. Jr. It shall be the duty of the county auditor of said county, on the first
^londay of each and every month, to draw a warrant upon the county treasurer,
in favor of the officers herein named, for the amount of salary due each month
under the provisions of this act; and said warrants shall be paid in gold and
silver coin on presentation to the county treasurer.

Sec 5. This act shall take effect from and after its passage; and all acts and
parts uf acts, so far as they conflict with the provisions of this act, are hereby
repealed.

An Act iu relation to the fees of district attorneys in certain counties.
Approved Mirch 30, 1872; 1871-2, 799.

Fees of district attorneys in Butte, Inyo, Placer, and Shasta.

Seciion 1. In the counties of Butte, Inyo, Placer, and Shasta, the fees allowed
to district attorneys for convictions must be taxed as costs against the defend-
ants, but if the defendant is unable to pay the same, they are a county charge
and must be paid out of the county treasury.

Sec, 2. This act shall be iu force from and after its passage.

(The salaries of district attorneys in some of the counties, as above fixed,
have since been changed by special and local laws as follows:

In Amador to twelve hundred and fifty dollars per annum and certain fees,
by act of March 20, 187G; 1875-G, 370.

In Butte to two thousand dollars per annum and certain fees, by act of March
27, 1874; 1873-4, 733.

In Calaveras to one thousand dollars per annum, and payable monthly, and
certain fe^-s after March 1, 1 878, l)y act of March 7, 1870; 1875-G, 141.

In Cohisa to two thousand <loihirs per annum, by act of March 30, 1874;
1873-4, 873.

In ( 'ontra Costa to eight hundred dollars per annum and fees, by act of March
2, 1870; 1875-G, 5J1.

In Humlioldt to twelve humlred dollars per annum, payable monthly, by act
of February 9, 187G; 1875-0, 34.

In Inyo to one thousand dollars per annum, by act of February 27, 1874:
1873-4, 177. ^ J ' '

562

GOVERNMENT OF COUNTIES. 4330-4332

In Lake to seven hnndred dollars per aiiniini and certain fees l)y act of ^Marcli
31, liS7G; 1875-G, 599.

In Marin to one thousand dollars per annum, by act of ]\Iarcli 18 1874-
1873-4, 433.

In Mariposa to eight hundred dollars per annum, bv act of February 7 1.S74-
1873-4, 83. ...

In Merced to one thousand dollars per animm, by act of March '2i\ 1H74-
1873-4, G60.

In Modoc the salary is five hundred dollars per annum and foes, by act of
February 17, 1874; 1873-4, 124.

In Napa to one thousand dollars per annum and fees, by act of Marcli 10,
1874; 1873-4, 392.

In Sacramento to forty-two hundred dollai's per annum, bv act of March 30,
1874; 1873-4, 909. See also acts of April 1, 1872; 1871-2,^803; February 28,
1874; 1873-4, 204; and March 30, 1874; 1873-4, 794.

In San Benito the salary is twelve hundred dollars per annum, by act of Feb-
ruary 12, 1874; 1873-4, 95.

In San Bernardino to one thousand dollars per annum, bv act of Marcli 22,
1876; 1875-6, 389.

In San Diego to twelve hundred dollars j^er annum and fees, by act of March
31, 1876; 1875-6, 586.

In San Francisco the district attorney is allowed a second clerk at a salary of
one hundred and fifty dollars per mouth, by act of Marcli 25, 1874; 1873-4, 602.

In San Joaquin to two thousand dollars per annum and fees, by act of March

24, 1874; 1873-4, 575.

In San Luis Obispo to one thousand dollars per annum and certain fees, by
act of March 31, 1876; 1875-6, 608.

In Santa Clara to five hundred dollars per annum and fees, by act of ]\Iarcli

25, 1874; 1873-4, 610; and subsequent act of February 10, 1876; 1875-(), 35.
In Santa Cruz to five hundred dollars per annum and fees, by act of March

30, 1876; 1875-6, 576.

In Sonoma to eighteen hundred dollars per annum and fees, bv act of March
16, 1874; 1873-4, 382.

In Stanislaus to twelve hundred dollars per annum, by act of March 4, 1874;
1873-4, 277.

In Sutter the fees on conviction for felony or misdemeanor are the same as in
Lake, by section 21 of act of March 31, 1876; 1875-6, 599.

In Tuolumne to eight hundred dollars per annum and fees, bv act of February
10, 1876; 1875-6, 45.

In Ventura the salary is eight hundred dollars per annum, by act of March

26, 1874; 1873-4, 618.

In Yolo to one thousand dollars per annum and fees, by act of March 18,
1874; 1873-4, 420; and by subsequent act of March 9, 1876; 1875-6, 170.]

4331. Continuing acts fixing salaries and fees of count ij officers.

Sec. 4331. Nothing in this code not contained in this chapter affects any of
the provisions of the statutes relating to the compensation, salaries, or fees of
county or townshij) officers; but all such statutes are recognized as continuing
in force, notwithstanding the provisions of this code, except so far as they are
affected by or are inconsistent with the provisions of this chapter.

[For references to special statutes referred to in the foregoing section, see
under the heads of the respective counties in the latter part of this work. |

4332. Officer to perfoi^m service when fees are paid.

Sec. 4332. The officers mentioned in this title are not in any case, except for the
state or county, to perform any official services, unless upon the prepayment of
the fees prescribed for such services, except as in the succeeding section provided
by law; and on such payment the officer must perform the services required.
For every failure or refusal to perform official duty when the fees are tendered,
the officer is liable on his official bond.

563

i333-4346 POLITICAL CODE.

4333. ^'o charge to be made on proceedings under icrit of habeas corpus.

Stc. 4333. No fee or compensation of any kind must be charged or received
by any officer for duties performed or services rendered in proceedings upon
habeas corpus.

CHAPTEE V.

OTHER COUNTY CHAEGES.

4343. Couiiti/ chaj-ges to be audited.

Sec. 4343. Accounts for county charges of every description must be presented
to the board of supervisors to be audited, as jDrescribed in Article III [Chapter
II ], Title II, Part IV, of this Code. [See ante, 4UG4. |

4344. Kcamination of county charges.

Sec. 4344. The following are county charges:

1. Charo-es incurred against the county bj^ virtue of any provision of this title;

2. The compensation of the district attorney, and all expenses necessarily
incurred by him in criminal cases arising Avithin the county;

3. The compensation allowed by law to sheriffs and constables for executing
]>rucess on persons charged with criminal offenses; for services and expenses in
conveying ci'imiuals to jail; for service of subpoenas issued by district attorneys,
and for other services in relation to criminal proceedings for which no specific
compensation is prescribed by law;

4. The expenses necessarily incurred in the support of persons charged with
or convicted of crimes and committed therefor to the county jail;

5. The sums required by law to be paid to grand jurors and indigent witnesses
in criminal cases;

(i. The accounts of the coroner of the county for such services as are not
] provided to be paid othen\use;

7. All charges and accounts for services rendered by any justice of the peace
for services in the examination of persons charged with crime not otherwise pro-
vided for by law;

8. The necessary expenses incurred in the support of county hospitals, and
the indigent sick and the otherwise dependent j^oor whose support is chargeable
to the county;

9. The contingent expenses necessarily incurred for the use and benefit of the
county ;

10. Even' other sum directed by law to be raised for any county purpose
under the direction of the board of supervisors, or declared to be a county
charge ;

11. The salaiy of the commissioner of highways must be paid at the close of
each quarter.

4345. Costs of rrirninal action removed.

Sec. 4345. AVhen a criminal action is removed before trial, the costs accruing
upon such removal and trial shall be a charge against the county in which the
indictment was found. [New section, apqjvoved February 28, 1874; Amendments
1873 -4, 17.5; torj/c iji'crt immediately.

4346. I'rtx-ecdings in collection of such costs.

Sec. 4340. The clerk of the county to wliich such action is removed, shall cer-
tify the amount of costs allowed and certified by the court to the auditor of his
county, and such auditor shall audit the same and draw his warrants therefor
ujion the treasuiy of the county from Avhich such action was removed; and such
auditor shall fonvard to said treasurer and auditor of the county from which
said action was transferred, as aforesaid, a certified copy of the total amount of
costs allowed by the court, giving each item as certified to him by the county

CC4

GOVERNMENT OF CITIES. 434(;-43o7

clerk and the court, and the auditor receiving such certified copy of said costs
allowed, shall enter the same in his books as a charge against the treasury of
his county, and the county treasurer of the county from winch such action was
removed, must immediately ujion presentation pay said warrant out of the gen-
eral fund of said county; or, if at the date of presentation there is not suflicient
moneys in the said general fund to pay the same, he must indorse u])on said
warrant "Not paid foi* want of funds;" and said warrant must be registered,
and shall draw interest at the same rate and be paid in the same manner as
though it had been drawn by the auditor of the county where the indictment
was found. [New section, cq:)proved February 28, 1874; xhnendmenls 1873-4, 175;
took effect immediately.

4347, Provisions of code, to what actions to apply.

Sec. 4347. Sections 4845 and 4346 of this code shall apply to all criminal
actions which have been or may be removed for trial since the first day of Jan-
uary, eighteen hundred and seventy-three, [New section, approved February 2^,
1874; Amendments 181 ^-4t, 175; took effect immediately .

TITLE III.

f Ijc COouciiimcnt of tfitjt$.

Chapter I. Cities as Bodies Corporate 4354

II. Executive Powers 4385

III. Legislative Powers 4403

IV. Judicial Powers 4424

V. Certain Statutes relating to Cities and Towns and existiJig

Corporations continued 4442

CHAPTEK I.

CITIES AS BODIES COEPORATE.
4364, General powers.

Sec. 4354. A city is a body politic and corporate, with the general powers of
a corporation, and the powers specified or necessarily implied in this title or in
special laws.

4355. Distribution of poivers.

Sec. 4355. Every city has legislative, executive, and judicial power. Its
legislative powder is vested in a common council; its executive power in a mayor
and his subordinate ofiicers; and its judicial power in a police court.

4356. City declared by legislature.

Sec. 4356. Every subdivision of a county not exceeding in extent six square
. miles, with not less than two thousand inhabitants, with its metes and bounds
fixed and defined, and declared by act of the legislature to be a "municipal
corporation," is a city with the powers conferred by this title.

4357. Boundaries, how changed.

Sec. 4357. The boundary of a city may be changed by an act of tlie legisla-
ture, on petition of a majority of the common council, presented in pursuance
of a city ordinance, or, as hereinafter provided, by the board of supervisors.

[Secs. 4358 to 4365, inclusive,^"' were repealed by act approved Marfli 28,

(a) The repealed sections, on account of their length they Bhould present a petition to the board of super-

and the fact that thev never went into effect, are visors therefor, etc., etc. They were Riipersedcd, as

omitted. They provided that "whenever the resi- above stated, by the operation of the act of febniary 1.

dents of a county adjoining the boundary of a city 1^72, which was itself subsequently repealed by act of

therein desire to become incorporated therewith," March 23, 187-t; 1873-4, 535.

565

4357-4373 POLITICAL CODE.

1^74; Auieudmeuds 1873-4, 177; took effect immediately. They had, however,
been previously superseded by tlie operation of a separate act relating to the
same subject-matter, approved February 1, 1872; 1871-2, 50. This last-named
act. entitled "An Act to enable the inhabitants of territory adjacent to any city
in this state to annex the same thereto," was repealed by act approved March
23, 1874; 1873-4, 535.]

4366. Act to fix time of the first election.

Sec 43GG. The act of the legislature declaring a city to be a " municipal cor-
pomtion " must fi.x a day for the first election of city o:6fieers, and fix the number
of membei-s of the " common council " to be elected for the first year.

4367. First election, ichen and how held.

Sec. 4367. Notice of the first election of city officers must be given by the
county judge of the county, b}' publishing the same in a newspaper published
in tlie city for four weeks successively, designating the officers to be elected, the
polling places, and the officers of election. The returns must be made to the
county judge, who must count and declare the vote, and issue certificates of
election.

4368. ll7io a7'e city electors.

Sec. 4308. The qualified electors of the city who have resided within the city
limits for thirty days next preceding the election are qualified to vote at all city
elections.

4369. Officers.

Sec 43G9. The common council must, during the first year, by ordinance, fix
the term of office of all elective officers, and the time when they must be elected,
and provide for the ai^pointment of other necessary officers, including city clerk,
city attorney, and treasurer, and fix their terms and amount of their bonds.
[Aineialment, approved March 30, 1874; Amendments 1873-4, 57; took effect July
«;, 1874.'''

4370. officers of cities.

Sec. 4370. The elective officers of cities are : a mayor, a marshal, a police
judge, a.ssessor and collector of taxes, and a common council, consisting of not
less than three members. They must be electors of the city, and qualify'by
taking the statutory oath of office, and, except the first officers elected, hold
office for a term to be fixed by the common council, not exceeding two years.
[AmnidmeiU, approved March 30, 1874; Amendments 1873-4, 58; took effect July
<;, 1874.""

4371. Direct laxes.

Sec 4371. The direct taxes imi:)osed l)y the common council in any one year
must not exc6ed two per centum of the valuation of property within the city.

4372. Condemnation of private property for city use.

Sec 4372. "Whenever it becomes necessary for the city to take private jiroj)-
<rty for the ])urposos of hiving out or altering streets or alleys, and the council
c.-innot agree with the owner thereof as to the price to be paid, the council may
direct proceedings to be taken under Title VII, Part III, of the Code of Civil
Procedure, to procure the same. [See jiost, 11,237.]

4373. Vacancies in office.

Shx-, 4373. If any person elected to a city office removes from the city, ab-
• lits himself for more thuii thirty days without leave from the council, or fails
■■) <j[ualify within ton days after election, his office is vacant.

{") Till- orfffjnnl Mili'.ii had tin- wopIk •■uKs.HHor (h) The orisinal Rertion did not have the words "as-

and coUector of Uxcb " before '• city clerk." seBsor and coUector of tuxes."

560

GOVEKNMENT OF CITIES. 4374-4388

4374. Officicd oath and bond.

Sec. 4374. All city officers, before enteiing- upon tlioir duties, must take the
oatli of office. The marshal, attorney, clerk, assessor, collector, and treasurer,
must also give a bond, with sureties to be approved by the maycjr, i)iiyable to
the corporation by its cor})orate name, in such i)enalty as may be prescribed by
ordinance, conditioned for the faithful performance of the duties of their office,
and a like bond may be required of any officer whose office is created by an
ordinance. Should the bond of any city officer become insufficient, he may be
required to give additional bond; and, upon his failure so to do, his office must
be deemed vacant. [Amendment, approved March 30, 1874; Amendments 1873-4,
58; took effect July G, 1874.'*>

CHAPTER II.

EXECUTIVE POWERS.

4385. Executive officers of a city.

Sec. 4385. The executive officers of a city are the mayor, marshal, and such
officers for the assessment, collection, auditing, safe keei:)ing, and disl)ursing
the revenue and keeping the records and journals of the city, as the common
council may j)rovide.

43H6. Powers of mayor.

Sec 4386. The mayor has power:

1. To nominate, and with the consent of the common council, to appoint all
non-elective officers of the city provided for by the common council, including
city attorney, secretary of the council, and city treasurer;*

2. To suspend, and with the consent of the common council, to remove any
non-elected officer, stating in the suspension or removal the cause thereof;

3. To cause the ordinances of the city to be executed, and to supervise the
discharge of official duty by all subordinate officers;

4. To communicate to the common council, at the beginning of every session,
and oftener if deemed necessary, a statement of the afi'airs of the city, \vith such
recommendations as he may deem proper;

5. To recommend to the common council such measures connected with the
public health, cleanliness, and ornament of the city, and the improvement of
the government and finances, as he deems expedient;

6. To approve all ordinances of the common council adopted by it, and in
case the same do not meet his apjirobation, to return the same, Avith his objec-
tions, within five da^'s after he receives the same. [Amendment, approved March
30, 1874; Amendments 1873-4, 59; too/c effect July 6, 1874.""

4387. Accounts and demands, hmo audited and paid.

Sec. 4387. All accounts and demands against said city must be audited by
the president of the common council, and no money must be drawn from the
city treasury, unless upon the certificate of the president, by order of the council.
The certificate must be drawn upon the treasurer of the city, and must s^iecify
the fund out of which the same is payable. The treasurer must pay the same
out of any money in his hands belonging to such fund.

4388. Mayor, p)resident of the common council.

Sec. 4388. The mayor is the president of the common council, must sign the
journals thereof, decide by his voice all tie votes, must sign the warrants on the
city treasurer, and is the keej^er of the city seal.

ia) The original section did not liave the word "col- (h) The originnlBectlon inthe ttret Bubdlvision aftf-r

lector." including had the words "asseseor and collector of

revenue."

567

4389-4404 POLITICAL CODE.

4389. Duties of cHy mai'shal.

Sec. 4389. The city marshal, in addition to the duties prescribed hj the com-
mon council, must execute and return all jn-ocess issued by the police judge, or
directed to him by any legal authority, and attend upon the police court regu-
larly. He may appoint one or more deputies; and must arrest all persons guilty
of a breach of the peace or for the violation of any city ordinance, and bring-
them before the police judge for trial, and has superintending control over the
city police; and, until otherwise provided by ordinance, must perform all duties
of collector of city taxes.

4390. Duties of assessor.

Si-c. 4390. The assessor, in addition to the duties prescribed by the common
council, must make out, within such time as the common council orders, a cor-
rect list of all the taxable property within the city limits, with the valuation
thereof, which list certified by him must be returned to the common council.
The mode of making out the list and of ascertaining the value of property, and
of collecting all taxes, is the same us prescribed in this code for assessing and
collecting the state tax.

4391. Duties of city attorney.

Slc. 4391. The city attorney must attend to all suits, matters, and things in
which the city may be legally interested; to give his advice or opinion in writ-
ing whenever required by the mayor or common council, and do and perform
all such things touching his oflEice as by the common council may be required of
him.

4392. Duties of treasurer.

Sec 4392. The treasurer must receive all moneys that come to the city either
from taxation or otherwise, and pay the same out on the certificate of the presi-
dent of the common council, and do and perform all other acts as are prescribed
for him by the common council. He must, on the first days of January, April,
July, and October of each year, make out and present to the maj'or a full and
coniplete statement of the receipts and expenditures of the preceding three
months, which statement the mayor must cause to be published.

4393. Duties of clerk.

Sec. 4393. The city clerk is clerk of the common council; must keep the
journal of their proceedings and all records of the city; he must keep the
accounts of the city, and countersign all warrants on the city treasurer; keep a
true account thereof and of the financial condition of the city, and do such
other things as the common council ma}'- by ordinance provide.

CHAPTEK III.

LEGISLATIVE POWERS.

4403. Common council.

Sec. 4403. The common council consists of not less than three citizens of the
city, elected (ine fi<nu each of the wards. The mayor is the presiding officer
tljereof.

4404. MV//v/>-, hikI number of.

Si.c. 4404. The counnon council has power* to divide the cit}' into a con-
venient number of wards, fix the boundaries thereto, and may change the same
from time to time as they see fit, having regard to the number of w'hite male
inhabitants, so that eacli ward contains as near as may be the same number of
inhabitants. The nuiulter of wards of any city must not exceed the number of
couiiciliucn to which tlie city is entitled ; and when a city has been so divided
the councilmen must be elected from the several wards respectively, according
to the number of inhabitants.

5G8

GOVERN^IENT OF CITIES. 4405-4408

4405. First meeting.

Sec. 4405. The members of the common council must assemble Antliiu five
days after their election, and choose some suitable person as clerk. In case of
the absence of the maj'or they may elect a president pro tempore, who has all
the powers and must perform all the duties of the president. They must, by
ordinance, fix the times and places of holding their stated meetiugs, and may
be convened by the mayor at any time.

4406. Quorum.

Sec. 440G. A majority of the members of the common council constitutes a
quorum to do business; but a less number may adjourn from day to day, and
may compel the attendance of absent members in such manner and under such
penalties as the council may by ordinance prescribe.

4407. 3Iay make rules, etc.

Sec. 4407. The common council is the judge of the qualification, elections,
and returns of their own members and the other ofiicers elected under the pro-
visions of this title. They may determine contested elections; they may provide
rules for their own proceedings, punish any member or other person for dis-
orderly conduct in their presence, and, with the concurrence of two thirds of
their number, expel any member, but not a second time for the same cause;
they must keep a journal of their proceedings, and at the desire of any member
must cause the yeas and nays to be taken and entered on any question; and
their proceedings must be public.

4408. Additional powers of common council.
Sec. 4408. The common council has power:

1. To create the offices of city clerk, city attorney, assessor, and collector, and
such other oflBces as may be necessary, and prescribe their duties and fix their
compensation;

2. To establish and fix the salaries of the mayor, police judge, and other city
ofiicers, and also fix a tariff of fees for the officers entitled to such, designating
the fees allowed for each j^articular item of service, and cause the same to be
j)ublished in like manner with the ordinances passed by the common council;

3. To manage the finances and property of the city;

4. To regulate the streets, wharves, piers, and chutes in the city, and the use
thereof;

5. To establish or authorize slaughter-houses and markets, and regulate the
same;

G. To provide for lighting, watering, and cleaning the city, and protecting it
against fire;

7. To license and regulate hacks, cabs, carts, omnibuses, railway cars, and
all other vehicles, butchers, porters, pawnbrokers, peddlers, showmen, and
junk-shop keepers, theatres, and all other places of public amusement;

8. To provide for licensing any or all business not prohibited by law, and fix
the amount of license tax for the same;

9. To regulate the keeping and use of animals, and the keeping and use of
gunpowder and other dangerous substances;

10. To suppress gaming, gambling-houses and other disorderly houses,
nuisances of every description, and all kinds of vice and immorality;

11. To prohibit the burial of the dead within the city, except at such places
and in such manner as the common council may determine;

12. To establish and regulate a \)6\\ce department;

13. To establish and regulate a fire department;

14. To impose penalties for the violation of ordinances; but no single penalty

569

4408-4il4 POLITICAL CODE.

must exceed a fiue of five liuudi-ed dollars, or iminisonment for ten days, or
both.

15. To impose and appropriate fines, penalties, and forfeitures for breaches
of ordinance.s;

16. To make by-laws and ordinances not repugnant to the constitution and
the laws of the United States or of this state;

17. To require any land or building to be cleansed at the expense of the owner
or occupant, and upon his default, may do the -work and assess the expense
upon the laud or building;

18. To establish a board of healtli to prevent the introduction and spreading
of disease, or to ordain and adopt for the government of the city the " quaran-
tine" or "health regulations," j^rovidcd by this code for San Francisco or
Sacramento;

19. To levy and collect taxes, to lay out, extend, alter or widen streets and
alleys, and make appropriations for any object of city expenditures;

20. To erect and maintain poorhouses and hospitals, and pass such by-laws
and ordinances for the regulation of the police as they may deem uecessar}'.
All ordinances must be j)ublished in the manner prescribed by the common
council.

4409. Street improvements, hoiv made.

Sec. 4409. "Whenever the owners of a major part of the property fronting on
any street or avenue desire to improve such street b}' paving the same, or con-
structing sewers, or otherwise, the mayor and council may make such improve-
ment at the exjjense of all the owners of property on the street, which expense
must be in proportion to the number of feet owned by each.

4410. To grant authority to gas and loaler companies.

Sec 4410. The common council, by ordinance, approved by the maj'or,
may grant to any gas or water company the privilege of laying down pipes in
the streets and alleys of such city for supplying gas and water for the streets
and buildings thereon, for a term not exceeding twenty-five years.

4411. lieservalions by cities.

Sec. 4411. In exercising the authority mentioned in j)receding section, the
common council must reserve the nght to grant similar privileges to other
companies, and require the laying down of the pipes to be under the reason-
able direction of the city authorities, and to be so laid as to do no injury to the
proper use of the paving, planking, or macadamizing of the streets and alleys,
nor to i>rivate property situate thereon.

4412. Contract for gas and ivater.

Skc. 4412. The common council may contract with gas and water companies
for suj^plying the streets and public buildings with all gas and water necessary
for their jtroper use; the rates to be paid therefor must not be fixed for a term
exceeding five years, and the city authorities must reserve the right to abrogate
such contract whenever gas or water is offered to be supj)lied at two thirds of
fiur.li fixed conti'act price.

4413. licstrictions and conditions to be imposed.

Sec. 4413. In granting authority to lay down pipes, and in contracting for
pas and water, the comnioji council must impose such restrictions and condi-
tions, ami provide for kucIi locations and construction of gas and water works
and ])ipes as to work the least possible public or private inconvenience, and
j)rovide for enforcing such restrictions and conditions.

4414. Ordinance, how vetoed, and how passed over veto.

Sec. 4114. Every ordinance passed by the common council must before it

570

GOVERNMENT OF CITIES. 44U-4427

becomes effective be presented to the mayor for bis approbation. If lio approve
it, be must sign it; if not, be must return it, with his ol)jections in writing, to
the common council, who must cause the same to be entcreil upon its jounuils,
and proceed to reconsider the same. If after such consideration two thirds of
all the members of the common council elect shall agree to pass the same, it
becomes an ordinance. In all such cases the votes must be taken by yeas and
nays, and the names of the members voting for and against tbe same must be
entered on the journal. If any ordinance is not returned by the mayor within
ten days (Sundays excei^ted) after it is j)resented to him, the same becomes
effective, as if the mayor had signed it.

CHAPTEK IV.

JUDICIAL POWERS.

4424. Police judge — Vacancy, how filled.

Sec. 4424. The city police judge must be a qualified elector of the city. Any
vacancy in the office of police judge must be filled by an appointee of the mayor,
made with the advice and consent of the common council.

4425. Police court clerk.

Sec. 4425. The police judge may appoint a clerk, with such compensation,
by way of salary or fees, as the common council may by ordinance provide.

4426. Criminal jurisdiction.

Sec. 4426. The police court has exclusive jurisdiction of the following public
offenses committed within the city boundaries.

1. Petit larceny;

2. Assault and battery, not charged to have been committed upon a public
officer in the discharge of his official duty, or with intent to kill;

3. Breaches of the peace, riots, affrays, committing willful injury to property,
and all misdemeanors punishable by fine not exceeding five hundred dollars or by
imprisonment not exceeding six months, or by both such fine and imprisonment;
and,

4. Of proceedings respecting vagrants, lewd, or disorderly persons.

[Attention maybe called to an amendatory act of Februaiy 13, 1872; 1871-2,
84, as to the jurisdiction of the police court of the city and county of San
Francisco, without any expression of opinion as to its effect.]

4427. General and exclusive jurisdiction.

Sec. 4427. The police court also has exclusive jurisdiction:

1. Of all proceedings for the violation of any ordinance of the city, both civil
and criminal;

2. Of any action for the collection of taxes and assessments leaded for city
purposes; or for the erection or improvement of any schoolhouse or iniblic
buildings; for the laying out or opening or improving any public street or side-
walk, lane, alley, bridge, wharf, pier, or dock; or for tbe purchase of or the
improvement of any public grounds; or for any and all public improvements
made and ordered by the city within its limits, when the amount of the tax or
assessments sought to be collected against the person assessed is less than three
hundred dollars; but no lieu upon the property taxed or assessed for the non-
payment of the taxes or assessment can be foreclosed in any such action;

3. Of an action for the collection of money due to the city, or from the city
to any person, when the amount sought to be collected, exclusive of interest
and costs, is less than three hundred dollars;

4. For the breach of any official bond given by any city officer, and for the
breach of any contract, and any action for damages in which the city is a party

571

4427-4442 POLITICAL CODE.

or is in auj way interested; aud all forfeited recognizances given to or for the
benefit or in behalf of the city; and upon all bonds given upon any appeal
talien from the judgment of the court in any action above named where the
amount claimed, exclusive of costs, is less than three hundred dollars;

5. For the recovery of personal property belonging to the city, when the
value of the property (exclusive of the damages for the taking or detention) is
less than three hundred dollars; aud

6. Of an action for the collection of any license required by any ordinance of
the city.

4428. When justice of the peace to act as police judge.

Sec. 4428. In all cases in which the judge is a party, or in which he is inter-
ested, or when he is related to either party b}' consanguinity or affinity within
the third degree; and in case of his sickness or inability, the police judge may
call in a justice of the peace residing in the city to act in his place and stead.

4429. Terms.

Sec. 4429. Police courts are always oj)en for the transaction of business, ex-
cept on non-judicial days.

4430. Form of proceedings.

Sec 4430. Proceedings in the police court in criminal actions for offenses not
triable in such courts must be had in conformity with the provisions of Part II,
TiUe III, Chapter YII, of the Penal Code. |See post, 13,858.]

4431. Trials in police courts.

Sec. 4431. Proceedings in the police courts in criminal actions triable in such
courts are regulated in Part II, Title XI, Chapter I, of the Penal Code. [See
post, 14,42G.]

4432. Civil practice in police couris.

Sec. 4432. Proceedings in the police courts in civil actions are regulated by
Part II, Title XII, of the Code of Civil Procedure. [See post, 10,929.]

CHAPTER V.

CERTAIN STATUTES RELATING TO CITIES AND TOWNS AND EXISTING CORPORA-
TIONS, CONTINUED.

4442. Certain statutes continued m force.

Sec. 4442. Nothing in this code affects any of the provisions of "An Act to
autlioiize and direct the municipal authorities of the several cities and incorpor-
ated towns of this state to execute certain trusts in relation to the town lands
granted to the incorporated cities and towns in this state by the act of congress
entitled an act for the relief of the iidiabitunts of cities and towns upon the
public lan<ls, ai)i)roved March second, eighteen hundred and sixty-seven; ap-
jiroved Marcli twenty-four, eighteen hundred and sixty-eight;" or of "An Act
to authorize aud direct the county judges of the several counties of this state to
execute certain trusts in relation to the town lands granted to the unincorpor-
ated towns in this state l)y the act of congress entitled an act for the rehef of
the inljabitants of cities and towns upon the public-lands, approved March sec-
ond, eighteen hundred and sixty-seven; approved March thirtieth, eighteen
hundred aud sixty-eight;" but such acts are continued in force. [See post,
15,959.]

572

LIABILITY FOE MOBS AND RIOTS. 4452-4457

TITLE IV.

liabilities of (founticss and (Titic.si fov ^njuvico to pvopcvtij

by IHobjs ox llioH,

CHAPTER I.

4452. Municipal corporatioiifi roi^ponnhle for certain acta.

Sec. 4452. Every municipal corijoration is responsible for injuries to real or
personal property situate within its corporate limits done or caused by mobs or
riots. ,

4453. Such actions must he fried, ivhere.

Sec. 4453. Actions for damages under the preceding section must be tried in
the county in which the property injured is situated.

4454. When action must be commenced.

Sec. 4454. All actions herein provided for must be commenced within one
year after the act complained of is committed.

4455. Warrant to be issued for payment of damages — Tax therefor.

Sec. 4455. On the cei-tij&cate of the presiding officer or of the clerk of the
court in which the judgment is rendered, the board of supervisors of the county
or the legislative authority of the city must by ordinance direct and cavise to be
issued a warrant for the payment thereof on the general fund, and tlie same
must be paid in its regular order, as other warrants of the muuici])al corpora-
tion are paid; and must at the projjer times levy and cause to be collected a tax
on the taxable property of such municipal coi-j:) oration for the payment of such
warrant within a period of not more than three years.

4456. Plaintiff not to recover if damage resulted from his own neglect.

Sec. 4456. The plaintiff in any action authorized by this title must not
recover if it appears upon the trial that the damage complained of was occa-
sioned or in any manner aided, sanctioned, or permitted by his carelessness or
negligence.

4457. Application of this title.

Sec. 4457. The provisions of this title and chapter are applicable to cases
where the levees and other works of reclamation of any district are injured, or
destroyed by mobs or riots; and the actions brought for damages therefor must
be prosecuted by the attorney-general of the state in the name of the people of
the State of California; and the amount recovered in such actions must be paid
to the treasurer of the county, who must place the same to the credit of the
district. [New section, ajjproved March 30, 1874; Amendments 1873-4, 59; took
effect July 6, 1874.

[The amendatoiy act of March 30, 1874 (Amendments 1873-4, 1-60), from
which most of the foregoiug amendments and new sections of the Political
Code are taken, contained three additional sections, relating to its effect, as
follows:]

Repealing clause.

Sec. 116. All provisions of law inconsistent with the provisions of this act
are hereby repealed; but no rights acquired, or proceedings taken, under the
provisions repealed, shall be impaired, or in any manner affected by this
repeal; and whenever a limitation or period of time prescribed by such repealed
provisions for acquiring a right or barring a remedy, or for any other purpose,

573

4457 POLITICAL CODE.

has begun to nm before tliis act takes effect, and the same or any other limita-
tion is prescribed by this act, the time which shall have run when this act takes
effect, shall be deemed part of the time prescribed by this act.

Act, lioio construed.

Sec. 117. AVith relation to the laws passed at the present session of the legis-
lature, this act must be construed as though it had been passed on the first day
of the present session, and, if any of the provisions of this act contravene or
are inconsistent with the provisions of any law passed at the present session of
the le-'islature, then the provisions of such law must prevail.

Sec 118. This act shall take effect on the first Monday of July, one thou-
sand ei<>-ht hundred and seventy-four, except so much thereof as relates to
immi"-ration, and the authority and duties of the commissioner of immigration,
and the enforcement of the duties and penalties therein prescribed, which shall
take effect immediately after its enactment.

574

EFFECT OF CODES. 44GG-4480

OF THE DEFINITION AND SOURCES OF LAW— EFFECT AND
PUBLICATION OF THE CODES, AND THE EXPKESS RE-
PEAL OF STATUTES.

Title I. Definition and Source of the Law 41GG

11. Effect of the Codes 4478

III. Publication of the Codes, and Statutes continued in

Force 4494

IV. Express Repeal of Statutes 4504

TITLE I.

Uefitution anh Sources of tijc i'am.

4466. Definition of laiv.

Sec. 44G6. Law is a solemn expression of the will of the suj^reme power of
the state.

4467. Hoiv expressed.

Sec. 4467. The will of the supreme j)ower is expressed:

1. By the constitution;

2. By statutes.

4468. Common law, when rule of decision.

Sec. 44G8. The common law of England, so far as it is not repugnant to or
inconsistent with the constitution of the United States, or the constitution or
laws of this state, is the rule of decision in all the courts of this state.

TITLE II,

(gUfcct of tIjc (foDcii.

4478. Consfrudion of the codes with relation to the laws passed at the present

session.
Sec 4478. With relation to the laws passed at the present scs.sion of the leg-
islature, the Political Code, Civil Code, Code of Civil Procedure, and Penal
Code, must be construed as though each had been passed on the first day of the
present session.

4479. Laivs passed at present session prevail.

Sec 4479. If the provisions of any law passed at the present session of the
legislature contravene or are inconsistent with the provisions of either of the
four codes, the provisions of such law must prevail.

4480. Construction of codes with relation to each other.

Sec 4480. With relation to each other, the provisions of the four codes must
be construed (except as in the next two sections provided) as though nil such
codes had been passed at the same moment of time, and were parts of the same
statute.

575

4481-4505 POLITICAL CODE.

4481. Conflicts between titles, ivhich to prevail.

Sec. 4481. If the provisions of any title conflict with or contravene the pro-
visions of another title, the provisions of each title must prevail as to all mat-
ters and questions arising out of the subject-matter of such title.

4482. Conflic(.<! between chapteis, u-hich to prevail.

Sec. 4482. If the provisions of any chai^ter conflict with or contravene the
pro^'isions of another chapter of the same title, the jn'ovisions of each chapter
must prevail as to all matters and questions arising out of the subject-matter
of such chapter.

4483. Cvnjlids between articles, which to prevail.

Sec. 44:83. If the provisions of any article conflict with or contravene the pro-
visions of another article of the same chapter, the provisions of each aiiicle
must prevail as to all matters and questions arising out of the subject-matter
of such article.

4484. Conflicting sections of the same title, ichich to prevail.

Sec. 4484. If conflicting provisions are found in different sections of the same
chapter or article, the provisions of the sections last in numerical order must
prevail, unless such consti-uction is inconsistent with the meaning of such chap-
ter or article.

TITLE III.

4494. Codes not published as part of ihe statutes.

Sec. 4404. The codes passed at this session of the legislature must not be
published as ]mrt of the statutes passed at this session, but provision must be
made by law fur their ijublication.

TITLE IV.

tf jrptt0i5 llcpcal of Staiiitw.

4504. Jl'jD'al of rcpi'alcd statutes not to imply that they icere in force.

Sec. 4504. The repeal of any statute or part of a statute heretofore repealed,
must not be construed as a declaration, express or by implication, that such
statute or jjart of a statute has been in force at any time subsequent to such
first repeal.

4505. J-jXpresK repeal of statutes to be provided for.

Sec. 4505. The express repeal of statutes will be provided for by a separate
statute, and such statute, after its passage, must be construed in the same
manner, and mubt have like effect as if it were part of this code.

67G

PRELIMINARY PROVISIONS. 5001-5C07

€m[ CoDc.

An Act to establish a civil code.

Approved Maroh 21, 1872.

TITLE OF THE ACT.

5001. 'Title and divisions of this act.

Section 1. This act shall be known as The Civil Code of the State of
Califoknu, and is in four divisions, as follows:

I. The First relating to Persons 5025

II. The Second to Property 5654

III. The Third to Obligations G427

IV. The Fourth contains General Provisions relating to the Three

Preceding Divisions 8274

PRELIMINARY PROVISIONS.

5002. When this code takes effect.

Sec. 2. This code takes effect at twelve o'clock noon, on the first day of
January, eighteen hundred and seventy-three.

5003. Not retroactive.

Sec. 3. No part of it is retroactive, unless expressly so declared.

5004. Rules of construction.

Sec. 4. The rule of the common law, that statutes in derogation thereof are
to be strictly construed, has no application to this code. The code establishes
the law of this state respecting the subjects to which it relates, and its pro^■is-
ions are to be liberally construed with a view to effect its objects and to pro-
mote justice.

5005. Provisions similar to existing laws, how construed.

Sec. 5. The provisions of this code, so far as they are substantially the same
as existing statutes or the common law, must be construed as continuations
thereof, and not as new enactments.

5006. Actions, etc., not affected.

Sec. 6. No action or proceeding commenced before this code takes cflect, and
no right accrued, is affected by its jDiovisions.

5007. Holidays.

Sec 7. Holidays, within the meaning of this code, are: every Sunday, the
first day of January, the twenty-second day of February, the fourth day of
July, the twenty-fifth day of December, every day on which an election is held
throughout the state, and every day appointed by the president of the United
States or by the governor of this state for a public fast, thanksgiving or
holiday.

37 577

5008-5014 CIVIL CODE.

5008. Same.

Sec. 8. If the first of Januaiy, the twenty-second of February, tlie fourth of
July, or the twenty-fifth of December falls upon a Sunday, the Monday following
is a holiday.

5009. Buxiness dat/a.

Sec. 9. All other days than those mentioned in the last two sections are to be
deemed business days for all purposes.

5010. Compntation of time.

Sec. 10. The time in which any act provided by law is to be done is com-
puted by excluding the first day and including the last, unless the last day is a
holiday, and then it is also excluded.

5011. Certain acts not to be done on holidays.

Sec. 11. "Whenever any act of a secular nature, other than a work of neces-
sity or mercy, is appointed by law or contract to be performed upon a particular
day, which day falls upon a holiday, it may be performed uj^on the next busi-
ness day, with the same efiect as if it had been performed upon the day
appointed.

5012. Joint authority construed.

Sec. 12. Words giving a joint authority to three or more public ofiicers or
other persons are construed as giving such authority to a majority of them,
unless it is otherwise expressed in the act giving the authority.

5013. M'ords and jjhrases, how construed.

Sec. 13. "Words and phrases are construed according to the context and the
approved usage of the language; but technical words and phrases, and such
others as may have acquired a peculiar and appropriate meaning in law, or are
defined in the succeeding section, are to be construed according to such pecul-
iar and appropriate meaning or definition.

5014. Certain terms defined.

Sec. 14. "Words used in this code in the present tense include the future as
well as the jiresent; words used in the masculine gender include the feminine
and neuter; the singular number includes the plural and the plural the singu-
lar; the word person includes a corporation as well as a natural person; writing
includes printing; oath includes afiirmation or declaration; and every mode of
oral statement under oath or affirmation is embraced by the term "testify,"
and every written one in the term " depose;" signature or subscrij^tion includes
mark, when the person cannot write, his name being written near it, and writ-
ten by a person who writes his own name as a witness. The following Avords
alsu have in this code the signification attached to them in this section, unless
otherwise apparent from the context:

Propf-rty.

1. Tlie word " property" includes property, real and personal.
Real jn'operty.

2. The words "real property " are coextensive Avith lands, tenements, and
Lereditaments.

Pemonal property. •

3. The words "personal property" include money, goods, chattels, things in
actif^n, and evidences of debt.

Montti.

4. The word "month" means a calendar montli, unless otherwise expressed,

578

PRELmiNAKY PROVISIONS.

5014-5021

Will

5. The -word "-will" includes codicils. [Ammd merit, approved Marcli 30,
1874; Amendments 1873-4, 181; took effect July 1, 1874.^'>

[Secs. 15, 16 and 17'"^ were repealed bv act approved March 30, 1874; Amend-
ments 1873-4, 182; took effect July 1, 1874.]

5018. Notice, actual and constructive.
Sec. 18. Notice is:

1. Actual — which consists in express information of a fact; or,

2. Constructive — which is imputed by law.

5019. Constructive notice.

Sec. 19. Every person who has actual notice of circumstances sufficient to
put a prudent man upon inquiry as to a particular fact, has constructive notice
of the fact itself in all cases in which, by prosecuting such inquiry, he might
have learned such fact. [Amendment, approved March 30, 1874; Amendments
1873-4, 182; took eff'ect July 1, 1874.^'^

5020. Effect of repeal.

Sec. 20. No statute, law, or rule is continued in force because it is consistent
with the provisions of this code on the same subject; but in all cases provided
for by this code, all statutes, laws, and rules heretofore in force in this state,
whether consistent or not with the provisions of this code, unless expressly
continued in force by it, are repealed or abrogated. This repeal or abrogation
does not revive any former law heretofore repealed, nor does it aflfeet any right
ali'eady existing or accrued, or any action or proceeding already taken, except
as in this code provided.

5021. This act, how cited.

Sec. 21. This act, whenever cited, enumerated, referred to, or amended, may
be designated simply as " The Civil Code," adding, when necessary, the num-
ber of the section.

(a) The original section consisted of twenty-nine
subdivisions, and is omit:ed on account of its length.
In addition to the terms defined in the amendment, it
gave, or attempted to fiive, definitions of -'paper,"
"land," "compound interest," "year," "a. d.,"
" Btute," " third persons," " persons of unsound mind,"
"children," " several," " writ," "prociss," " debtor,"
"usual," "customary," "usage," "verdict," " value"
and " seal."

(b) Repealed sections:

Sec. l:j. Good faith consists in an honest intention
to abstain from taking any unconscientious advantage
of another, even through the forms or technicalities of
law, together with an absence of all information or
belief of facts which would render the transaction un-
conscientious.

Sec. lij. There are three degrees of care and dili-
gence: 1. Slight, which is such as persons of ordinary

prudence usually exercise about their own affairs of
slight importance; 2. Ordinary, which is such as per-
sons of ordiuHry prudence usu:illy exercise about their
own affiirsof ordinary importance; i. Great, wliich is
such as per.sous of ordinary prudence usually exercise
about their own aff-iirs of great importance.

Sec. 17. There are three degrees of negligence: 1.
Slight, which consi-sts in the want of great care and
diligence; 2. Ordinary, which consists in the want of
ordinary care and diligence; 3. Gross, which consists
in the want of slight care and diligence.

Sec. 19. Every person who has actual notice of cir-
cumstances surti ient to put a prudent man upon In-
quiry as to a p irticular fact, and who omits to malce
such inquiry with reasonable diligence, has construc-
tive notice of the fact itself.

579

5025-5034 CH'IL CODE.

DIVISION FIRST.

Part I. PERSONS 5025

II. PERSONAL RIGHTS 5043

III. PERSONAL RELATIONS 5055

IV. CORPORATIONS 5283

Fi^IlT I.

PEKSONS.

5025. Minov!^, xcho are.
Sec. 25. Minors are:

1. Males under twenty-one years of age;

2. Eemales under eighteen years of age.

5026. Periods of minorihj, how calculated.

Sec. 20). The periods specified in the preceding section must be calculated
from the first minute of the day on which persons are born to the same minute
of the con-esponding day completing the period of minority.

5027. Adults, u'ho are.

Sec 27. All other persons are adults.

[Sec. 28'*^ was repealed by act approved March 30, 1874; Amendments 1873-4,
182; took effect July 1, 1874.]

5029. Utiborn child.

Sec 29. A child conceived, but not yet born, is to be deemed an existing
person, so far as may be necessary for its interests in the event of its subse-
quent birth.

[Secs. 30 and 31"" were repealed by act approved March 30, 1874; Amend-
ments 1873-4, 182; took eflect July 1,"^ 1874.]

5032. Custodij of minors.

Sec. 32. The custody of minors and persons of unsound mind is regulated
by Part III of this Division.

5033. Elinor, disabilities of.

Sec. 33. A minor cannot give a delegation of power, nor, under the age of
eighteen, make a contract relating to real property, or any interest therein, or
relating to any personal property not in his immediate possession or control.
[Amendment, approved March 30, 1874; Amendments 1873-4, 182; took effect July
1, 1874.'''

5034. Minor, rights of.

Sec 34. A minor may make any other contract than as above specified, in the
same manner as an jidult, subject only to his power of disaffirmance under the
provisions of tliis title, and subject to the provisions of the titles on marriage,
and on master an<l sf-rvant. [Amendment, appjroved March 30, 1874; Amendments
1873-4, 183; took effect July \, 1874.*"'

(a) RfT«-ale<l wrtlcn: alt<T their rights In relation to contracts made in such

Hk(-. W. The iimrrinKe of iiiinonicliaugcB their status state or foreign country,

froriiiiiinorh t..ii<liilth. ,c) Original section:

(fc) 1{<-1M«1<(1 (.i-(ti'.ij(;: Sec. 3;t. A minor cannot give a delegation of power.

ftKf. :«J. I'.wnh iiiH.l.- adults by the laws of a state {d) Original wction:

or fonlgn country in whi.'h they were domiciled, are Si:c. 3t. A minor mav make a conveyance or other

adultK iu this state when they become domiciled here- contract in th<- name manner as any other person, sub-

*"• jei't only to his power of disaffirmance under the pro-

Skc. 31. Minors by the laws of another state or visions of this title, and to the provisionB of the title

for.ign coiintrj-. wh<rein tli.y have been <lr)mirileil, on marriage,
•re not deemed adults under this code so as to affect or

580

PERSONS. 5035-5C41

5035. Ilinor, disaffirmance of contract.

Sec. 35. In all cases other than those specified in sections 30 and 37, the con-
tract of a minor, if made whilst he is under the age of oif^'htcen, may be dis-
affirmed by the minor himself, either before his majority or witliin a reasonable
time afterwards; or, in case of his death within that period, by his heirs or i)or-
sonal reiDresentatives; and if the contract be made by the minor whilst he is
over the age of eighteen, it may be disaffirmed in like manner upon restoring
the consideration to the party from Avhom it was received, or ])aying its ('(niiv-
alent. [Amendment, approved March 30, 1874; Amendments 1873-4, 183; tuuk
effect July 1, 1874/^'

5036. Cannot disaffirm contract for necessaries.

Sec. 36. A minor cannot disaffirm a contract, othei'wise valid, to pay the
reasonable value of things necessary for his sujiport, or that of his family,
entered into by him when not under the care of a parent or guardian able to
provide for him or them. [Amendment, approved March 30, 1874; Amendments
1873-4, 183; took effect July 1, 1874.^''>

5037. No certain obligations.

Sec. 37. A minor cannot disaffirm an obligation, otherwise valid, entered into
by him under the express authority or direction of a statute.

5038. Persons without understanding, disabilities and liabilities of.

Sec. 38. A person entirely without understanding has no power to make a
contract of any kind, but he is liable for the reasonable value of things fur-
nished to him necessary for his support or the support of his family. [Aynend-
ment, approved March 30, 1874; Amendments 1873-4, 183; took effect July 1,
1874.^^'

5039. Contracts of insane subject to rescission.

Sec. 39. A conveyance or other contract of a person of unsound mind, but
not entirely without understanding, made before his incapacity has been judi-
cially determined, is subject to rescission, as i^rovided in the chapter on rescis-
-: r i.1.: j . ^r^ j^^^t ^^r^^rrmp.d March dO, 1874:; Amendments ISlS-i,

§ 40. After his incapacity has been judicially determined,

a person of unsound mind can make no conveyance or other adjudged.

contract, nor delegate any power, or waive any'riaht, until his i , • ■, „ „„ ^r „„

restoration to capacity. But a Certificate from the Medical ' determined, a person of un-

Superinteudent or Resident Physician of the Insane Asylum tract, nor delegate anv power,

sLwr/"'? ^.T""" ™^y '^^^^ ^f -^ committed, showing'that ^^.^t is judiciallv determined.

such person had been discharged therefrom cured and restored *^ ... I, . '.

to reason, shall establish the presumption of legal capacity in ' a will, though his restoration

such person from the time of such discharge. Fin effect May

29, 1878.]

5041. Minors liable for xorongs, but not uauicjur cJcemjMry damages.

Sec 41. A minor, or person of unsound mind, of whatever degree, is civilly

liable for a wrong done by him, but is not liable in exemplary damages unless

at the time of the act he was capable of kno^Aing that it was wrongful.

(a) Original gection: into by him when not under the care of a parent or

Sec. 35. lu aU cases other than those specifled by guardian able to provide lorhiui.

sections 36 and 37, the contract of a minor may, upon (c) Original section: » „„!„...=*.„ n,.„

restoring the consideration to the party from whom it Sec. 38. A person entirely without understanaing

was received, be disaffirmed by the minor hiuiBclf. has no power to contract, except in the case mcu-

either before his majority or within a reasonabU- time tioned in section 30, unless expressly authorized by

afterward, or, in case of his death within that period, statute.

by his heirs or personal representatives. (^0 Original section: u,,* „„» „„«..^i„

lb) Original section- Sec. 39. A person of unsound mind, but not entirely

Sec. 36 A minor, or a person of unsound mind of without understanding. ."'">; '""'^^'.^j'^.^^'^";:,?"^

whatever degree, cannot disaffirm a contract, otlicr- «*'»"• '^'"t"^* 1»:'->"\1^''^ '"'^I'.^'-^'^^t,'^:.^'^!^^^^^^

wise valid, to pay the reasonable value of things neccs- determined, subject to rescission, aa provided m the

sary for his support, or for that of his family, entered chapter on rescisBiou.

581

5042-5047 CIVIL CODE.

5042. Jlliujfs maij enforce their rights.

Sec. 42. A minor may enforce his rights by civil action, or other legal pro-
ceedings, in the same manner as a person of full age, except that a guardian
must conduct the same.

P^RT II.

PERSONAL EIGHTS.

5043. General peisonal rights.

Sec 43. Besides the personal rights mentioned or recognized in the Political
Code, every person has, subject to the qualifications and restrictions provided
by law, the right of protection from bodily restraint or harm, from jjersonal
insult, from defamation, and from injury to his personal relations.

5044. Defamation, what.

Sec. 44. Defamation is effected by:

1. Libel;

2. Slander.

5045. Libel, what.

Sec. 45. Libel is a false and unprivileged publication by writing, printing,
|)icture, effigy, or other fixed representation to the eye, which exposes any per-
son to hatred, contempt, ridicule, or obloquy, or which causes him to be
slumned or avoided, or which has a tendency to injure him in his occupation.

5046. Slander, xohat.

Sec. 4G. Slander is a false and unprivileged jDublication other than libel,
which :

1. Charges an}' person with crime, or with havdng been indicted, convicted,
or punished for crime;

2. Imputes in him the present existence of an infectious, contagious, or loath-
some disease;

3. Tends directly to injure him in resjoect to his office, profession, trade, or
business, either by imputing to him general disqualification in those respects
which the office or other occupation j)eculiar]y requires, or by imputing some-
thing with reference to his office, profession, trade, or business that has a
natural tendency to lessen its profit;

4. Imputes to him impotence or a want of chastity; or,

5. "Wljich, by natural consequence, causes actual damage.

5047. W'ltnl piihlicalions are privileged.

Sec. 47. A privileged publication is one made:

1. In the proper discharge of an official duty;

2. In any legislative or judicial proceeding, or in any other official proceed-
ing authorized by hiw;

3. In a communication, without malice, to a person interested therein, by one
wlio is also interosterl, (^r by one who stands in such a relation to the person
interested as to affurd a reasonable ground for supposing the motive for the
(oiMjiiunication innocent, or who is requested by tbo person interested to give
the information;

582

MARRIAGE. 5047-5050

4. By a fair and true report, without malice, of a judicial, legislative, or
other public official proceeding, or of anything said in the course thereof.
[Aineridment, approved March 30, 1874; Amendments 1873-4, 184; loo/c e(/'cct
July 1, 1874.'^>

5048. Malice not inferred.

Sec. 48. In the cases provided for in subdivisions 3 and 4 of the preceding
section, malice is not inferred from the communication or publication.

5049. Protection to personal relations.

Sec. 49. The rights of personal relation forbid:

1. The abduction of a husband from his wife, or of a parent from his child;

2. The abduction or enticement of a wife from her husband, of a child from
a parent or from a guardian entitled to its custody, or of a servant from his
master;

3. The seduction of a wife, daughter, orphan sister, or servant;

4. Any injury to a ^ervant which affects his ability to serve his master.

5050. Right to use force.

Sec. 50. Any necessary force may be used to protect from wrongful injuiy
the person or in'operty of oneself, or of a wife, husband, child, parent, or other
relative, or member of one's family, or of a ward, servant, master, or guest,
[Aynendmeiit, approved March 30, 1874; Amendments 1873-4, 184; took effect
July 1, 1874."'>

I>ART III.

PEPtSONAL EELATIONS.

Title I. Marriage 5055

II. Parent and Child 5193

III. Guardian and Ward 5236

IV. Master and Servant 52G4

TITLE I.

Ittarriaoc.

Chapter I. The Co>:tract of Marriage 5055

II. Divorce 5082

III. Husband and Wife 515o

CHAPTEE I.

THE CONTRACT OF MARRIAGE.

Abticle I. Validity of Maeriage ^"^^

II. Authentication of Marriage 'j'^''°

III. JoDiciAii Determination of Void Maeeiages i>ObO

(a) The original section differed in the second and h reasonable ground for Eupposing his nWivc in-

third subdivisions, which were as follows: nocent, or who was requested by hini to gi>e tUe In-

2. In testifying as a witness in any proceeding au- formation. , ,. . . .,*,,„ „. ,„i„ .. i„ . t,o»^
thorized by law to a matter pertinent and material, or The fcnirth subdivision had the fjords ,.'n a news-
in reply to a question allowed bv the tribunal. paper "between the wonis " report and ^; <bout

3. In a communication, without malice, to a person (6) The original section >n'^»7;l 'f ."/.'"; »^".^
interested therein, bv one who was also interested, or one's family or of had the words to the third de-
who stood in such a relation to the former as to afford gree." It did not have the word guest.

583

5055-50G2 CFV^IL CODE.

AETICLE I.

VAX.rDITy OF MARRIAGE.

5055. What constitutes marriage.

Sec. 55. Maniage is a personal relation arising- out of a civil contract, to
which the consent of parties capable of making it is necessary. Consent alone
will not constitute marriage; it must he followed by a solemnization, or by a
mutual assumption of marital rights, duties, or obligations.

5056. Mi)Lors capable of contracting marriage.

Sec. 5G. Any unmamed male of the age of eighteen years or upwards, and
any unmarried female of the age of fifteen years or upwards, and not other-
wise disqualified, ai-e capable of consenting to and consummating marriage.

5057. Marriage, hoic manifested and proved.

Sec. 57. Consent to and subsequent consummation of marriage may be
manifested in any form, and may be jDroved under the same general rules of
evidence as facts in other cases.

5058. Marriage, ichen voidable.

Sec. 58, If either party to a marriage be incapable from physical causes of
enteiing into the marriage state, or if the consent of either be obtained by fraud
or force, the mamage is voidable. [Amendment, approved March 30, 1874;
Amendments 1873-4, 185; took effect July 1, 1874.^''^

5059. Incompetency of piarties to.

Sec 59. Marriages between parents and children, ancestors and descendants
of every degree, and between brothers and sisters of the half as well as the
whole blood, and between uncles and nieces or aunts and nephews, are incest-
uous, and void from the beginning, whether the relationship is legitimate or
illegitimate.

5060. Of wliites and negroes or mulaftoes, void.

Sec. go. All marriages of white persons with negroes or mulattoes are illegal
and void,

5061. Second marriage, ivhen illegal and void.

Sec. 61. A subsequent marriage contracted by any person during the life of a
former husband or wife of such person, with any person other than such former
husband or wife, is illegal and void from the beginning, unless:

1. The former nian-iage has been annulled or dissolved;

2. Unless such former husband or wife Avas absent, and not known to such
person to be living for the space of five successive years immediately preceding
such subsequent marriage, or was generally reputed and was believed by such
pei-sou to be dead at the time such subsequent marriage was contracted; in
either of which cases the subsequent marriage is valid until its nullity is ad-
judged by a competent tribunal. [Amendment, approved March 30, 1874; Amend-
ments 1873-4, 185; took eff'ect July 1, 1874.^''>

5062. Tieleaae from marriage contract.

Sec. (j2. Neither party to a contract to marry is bound by a promise made in
ignorance of the other's want of personal chastity, and either is released there-
from by unchaste conduct on the part of the other, unless both parties parti-
cipate therein, [Amendment, approved March 30, 1874; Amendments 1873-4,
185; took rffect July 1, 1874.*^'

(a) OrlKlrial M-rtion; dlvinlon, ■whioh, after the words "preoeflinf; snch Bub-
tir.c. :m. If < itlKT pirty to a marrlaKr' 1b Incapable of Bcqiicut iiiiuTiiige," nailB aB follows: " iu wiiich ciise

conwiit, for w;iiit of b(4<- or uii-I<n*t!in<liii({; or. from the BiibBcqui iit marriage is void only from the time its

phyblial ■iMiwH, of entering into the iiiarrlHge state; or millity ik iKl.jiulgcd by a coiiipeteiit tribinial."

If mrh lonnent iH obtained by fraud or force, the mar- (c) The original r< rtion did not have the words " un-

rlage Its voidable. lesB both parties participate therein."

(b) The original section differed in the second sub-

584

MARRIAGE. 60C3-5072

5063. Marriages contracted without the state.

Sec. G3. All marriages contracted without tliis state, which would be valid
by the laws of the country in which the same were contracted, arc valid in this
state.

ARTICLE II.

AUTHENTICATION OF MARRUGE.

5068. Marriage, how solemnized.

Sec. G8. Marriage must be licensed, solemnized, authenticated, and recorded
as provided in this article; but non-compliance with its provisions does not
invalidate any lawful marriage.

5069. Marriage license, requisites of.

Sec. G9. All persons about to be joined in marriage must first obtain a license
therefor from the clerk of the county court of the county in which the marriage
is to be celebrated, showing:

1. The identity of the parties;

2. Their real and full names and places of residence;

3. Their ages;

4. If the male be under the age of twenty-one, or the female under the age of
eighteen years, the consent of the father, mother, or guardian, or of one having
the charge of such person, if any such be given; or that such non-aged person
has been previously, but is not at the time, married. For the purpose of ascer-
taining these facts, the clerk is authorized to examine parties and witnesses on
oath, and to receive affidavits, and he must state such facts in the license. If
the male be under the age of twentj'-one years, or the female be under the age
of eighteen, and such person has not been previously married, no license shall
be issued by the clerk, unless the consent in waiting of the parents of the person
under age, or of one of such jDarents, or of his or her g-uardian, or of one having
charge of such person, be presented to him; and such consent shall be filed by
the clerk. [Amendment, approved March 30, 1874; Amendments 1873-4, 185; look
effect July 1, 1874.^""

5070. By whom solemnized.

Sec. 70. Mamage may be solemnized by either a justice of the supreme court,
district or county judge, justice of the peace, mayor, priest, or minister of the
gospel of any denomination.

5071. No particular form of solemnization.

Sec. 71. No particular form for the ceremony of marriage is requu-ed, but the
parties must declare, in the presence of the person solemnizing the mai-riage,
that they take each other as husband and wife.

5072. Requisites on solemnization of marriage.

Sec 72. The person solemnizing a mamage must first require the presen-
tation of the marriage license; and if he has any reason to doubt the correctness
of its statement of facts, he must first satisfy himself of its correctness, and for
that purpose he may administer oaths and examine the parties and witnesses in
like manner as the county clerk does before issuing the license. [Amendment,
approved March 30, 1874; Amendments 1873-4, 186; took effect July 1, 1874.*"'

(a) The original section had the foHowing third sub- first require the presentation of the niarrinRe license,

division: "3. That they are of sufficient age to be capa- and satisfy himself that it substantially couforniB to

ble of contracting marriage." section 69, and that the facts set forth in it art- time.

In the fourth subdivision it did not have the words For this purpose he may rely upon the license or may

" or of one having the charge of such person," nor the administer o-.ths and examine the parties and wituesseB

last sentence commencing ^vith the words, " If the male in like manner as the county clerk does before iSBUing

be under the age of twenty-one years." the license.

(6) Original section:

Sec. 72. The person solemnizing a marriage must

585

5073-5080 CrV^IL CODE.

5073. Certificate of marriage.

Sec. 73. The person solemnizing a marriage must make, sign, and indorse
upon, or attach to, the license, a certificate, showing:

1. The fact, time, and place of .solemnization; and

2. The names and places of residence of one or more witnesses to the cere-
mony. [Amendment , approved JIarch 30, 1874; Amendments 1873-4, 187; took
effect Juhj I, 1874.^')

5074. Certificate to parties and recorder.

Sec. 74. He must, at the request of, and for either party, make a certified
copy of the license and certificate, and file the originals with the county
recorder within thirty days after the marriage.

5075. Declaration of marriage, hoiv made.

Sec. 75. Persons married without the solemnization provided for in section
70 must jointly make a declaration of marriage, substantially showing:

1. The names, ages, and residence of the i^arties;

2. The fact of marriage;

3. The time of marriage;

4. That the marriage has not been solemnized.

5076. l)edaration of marriage, ichat to contain.

Sec. 76. If no record of the solemnization of a marriage heretofore contracted
be known to exist, the jDarties may join in a written declaration of such mar-
riage, substantially showing:

1. The names, ages, and residences of the parties;

2. The fact of marriage;

3. That no record of such marriage is known to exist. Such declaration
must be subscribed by the parties and attested by at least three witnesses.
[Amendment, approved March 30, 1874; Amendments 1873-4, 187; took efi^ect
July 1, 1874.'''>

5077. To he acknowledged and recorded.

Sec. 77. Declarations of marriage must be acknowledged and recorded in like
.manner as grants of real property.

5078. Action between the parties to determine validity.

Sec. 78. If either party to any marriage denies the same, or refuses to join in
a declaration thereof, the other may proceed, by action in the district court, to

g 79. Wlu-n unmarried persons, not minors, have been livin- blared.

toge her us „mn an.l wife, they may, without a license, be ma."
ned by any eh-rpyman. A certificate of such marriage must,
by the clcpfryn.an, be made and deHvered to the partieJ^ anri re-
corded upon the records of the church of which the cler-^vnian
iH a representative. Xo other record need be made, fin effect LEKIAGES.

I'-bruary «, 1H78.] ^ '

I iniR arncie, as an entirety, was acuicci lo tne v.iwl Code by act of March 15,
187G; Amendments 1875-G, 09; took efi'ect from passage.]

5080. Judicial declaration of incestuous or void marriage.

Sec. 80. Either party to an incestuous or void marriage may proceed by action
in thf district court to have the same so declared. [New section, approved Ilarch
15, 1870; Amendments 1875-G, GO; took effect from passage.

♦ h'.^'i "'^i'''"''''''!'',-,'"''.!'''!;''!"' *!"■"" ""l""^''"*''"''-*^® '''' The origiiiKl Bortion did not liavo the wordH

Tn,n»?.,HTH''« V r'V; ""''*";' '•;^';'''l'\''^''''• "'"''''''- " h<Tftofori- c.ntra.tf.l," U(,r the last B.ntence com-

f^ .?« L?r.^ VJ" ^ , "" ^""".V.- 1' *■ ^ '"/ '"; '"■"'■''■^« "'« mencing with the words. " Such declaration must be

IB' iH htat<ii to »«• tnip, and that upon Aw iiifjuirj- there subscribed."
•PI>tarB to be no Ug«U luipedlmeiit to the marriage."

58G

MARRIAGE. 5082-5083

CHAPTER II.

DIVORCE.

Article I. Nullity 5082

II. Dissolution 5090

III. Causes for Denying Divoece 5111

IV. Gkneeal Pkovlsions Gl'JG

ARTICLE I.

NULLITY.

5082. Grounds for annulment of marriage.

Sec. 82. A marriage may be annulled for any of the following causes, existing
at the time of the marriage:

1. That the party in whose behalf it is sought to have the marriage annulled
was under the age of legal consent, and such marriage was contracted without
the consent of his or her parents or guardian, or person having charge of him
or her; unless, after attaining the age of consent, such party for any time freely
cohabited with the other as husband or wife ;

2. That the former husband or wife of either party was living, and the mar-
riage with such former husband or wife was then in force;

3. That either party was of unsound mind, unless such party, after coming to
reason, freely cohabit with the other as husband or wife;

4. That the consent of either party was obtained by fraud, unless such party
afterward, with full knowledge of the facts constituting the fraud, freely cohab-
ited with the other as husband or wife;

5. That the consent of either party was obtained by force, unless such party
afterwards freely cohabited with the other as husband or wife;

6. That either party was, at the time of marriage, physically incapable of
entering into the man*ied state, and such incapacity continues, and ai:)pears to
be incurable. [Ameyidment, approved March 30, 1874; Amendments 1873-4, 187;
took effect July 1, 1874.^''>

5083. Action for nullify, when and by ichom commenced.

Sec. 83. An action to obtain a decree of nullity of marriage, for causes men-
tioned in the preceding section,- must be commenced within the periods and by
the parties as follows:

1. For causes mentioned in subdivision one: by the party to the marriage
who was married under the age of legal consent, within four years after arriving
at the age of consent; or by a parent, guardian, or other person having charge
of such non-aged male or female, at any time before such manied minor has
arrived at the age of legal consent:

2. For causes mentioned in subdivision two: by either party during the life
of the other, or by such former husband or wife;

3. For causes mentioned in subdivision three: by the party injured, or rela-
tive or guardian of the party of unsound mind, at any time before the death of
either party;

4. For causes mentioned in subdivision four: by the party injured, within
four years after the discovery of the facts constituting the fraud;

5. For causes mentioned in subdivision five: by the injured pariy, within
four years after the marriage;

(a) The original section differed in the first subdi- age of legal consent: unless, after attaining the age of
vision, which was as follows: " 1. That the party seek- consent, such party f..r any tiiue freely cohabited wltU
ing to have the marriage annulled was under the the other as husband or wfe.

587

5083-509i Cn^IL CODE.

G. For causes mentioned in subdivision six: by the injured party, within four
rears after the mamage. [Anifndmi'nt, app'oved 3Iarch 30, 1874; Ainciidmenis
1873-4, 188; took efed July 1, lb74/''

5084. CliUdrcn of annuUed man-iige.

Sec. 84. "Where a marriage is annulled on the ground that a fonner husband
or wife was li^•ing, or on the ground of insanity, children begotten before the
judgment are legitimate, and succeed to the estate of both parents.

5085. Custody of children.

Sec. 85 . The covirt must award the custody of the children of a marriage
annulled on the ground of fraud or force to the innocent parent, and may also
provide for their education and maintenance out of the property of the guilty
party.

5086. £/}'ect of judgment ofmillify.

Sec. 8(J. A judgment of nullity of marriage rendered is conclusive only as
against the j^arties to the action and those claiming under them.

AETICLE II.

DISSOLUTION or MABEIAGE.

.5090. Marriage, how dissolved.

Sec. 90. Man-iage is dissolved only:

1. By the death of one of the parties; or,

2. By the judgment of a court of competent jurisdiction decreeing a divorce
of the parties. [Amendment, approved March 30, 1874; Amendments 1873-4, 189;
took efed July 1, 1874.^'"

5091. Divorce, effect of judgment.

Sec. 91. The effect of a judgment decreeing a divorce, is to restore the parties
to the state of unmarried persons. [Amendment, approved March 30, 1874;
Amendments 1873-4, 189; took effect July 1, 1874.'"=^

5092. Grounds of action for divorce.

Sec. 92. Divorces may be granted for any of the following causes:

1. Adulteiy;

2. Extreme cruelty;

3. "Willful desertion;

4. "V\"illful neglect;

5. Habitual intemperance;

G. Conviction of felony. [Amendment, approved March 30, 1874; Amendments
1873-4, 189; took effect July 1, 1874."''

5093. Adultery defined.

Sec. 93. Adultery is the voluntary sexual intercourse of a married person with
a person other tliau the offender's husband or wife.

5094. Krireme cruelty, ivhat.

Sec. 94. Extreme cruelty is the infliction of grievous bodily injury or grievous
mental HufTering ui)on the other by one party to the marriage.

(a) The original bccUod differed In the flrst subdl- (c) Original section:

TlBlon whi.h wa« an followK: "1. For cuuHf-B iiic-n- Sfc. Ul. Divorce is a judgment disRolving the mar-

tloned In (iub'llvlKl'iii 1: by litlur ii.irty tu the mar- riage and restoring the iiurtjes to the Btatus of uumar-

ri«8f. or by a giiHrdiaii or relative, within four years ried perBons.

after arriving at tli.- age of cou«eut." (,i) The original section instead of " may " used the

(h) Original Ke.tlou: Word "must."

Sec. »0. .MarriMgi- luay be dlgHolved: 1. By the death
of cither of the jiartii-H; or, 2. By a divorce adjudged
by a court of compctcut JurlBdlctiuu.

588

MAKRIAGE, 6095-5104

5095. Desertion, ivhaf.

Sec. 95. Willful desertion is the voluntary separation of one of tlio married
parties from the other with intent to desert.

5096. Desertion, how manifested.

Sec. 96. Persistent refusal to have reasonable matrimonial intercourse as
husband and wife, when health or physical condition does not make such refusal
reasonably necessary, or the refusal of either party to dwell in the same houso
with the other party, when there is no just cause for such refusal, is desertion.

5097. In case of stratagem or fraud, loho comviits desertion.

Sec. 97. When one party is induced, by the stratagem or fraud of the other
party, to leave the family dwelling-place, or to be absent, and during such
absence the offending party departs with intent to desert the other, it is deser-
tion by the party committing the stratagem or fraud, and not by the other.

5098. In case of cruelty, loliere one party leaves the other, who commits desertion.
Sec. 98. Departure or absence of one party from the family dwelling-place,

caused by cruelty or by threats of bodily harm from which danger would be
reasonably apprehended from the other, is not desertion by the absent party,
but it is desertion by the other party.

5099. Separation by consent not desertion.

Sec. 99. Separation by consent, with or without the understanding that one
of the parties will apply for a divorce, is not desertion.

5100. Separation, when becomes desertion.

Sec. 100. Absence or separation, proper in itself, becomes desertion when-
ever the intent to desert is fixed during such absence or sej^aration. [Amend-
vient, approved March 30, 1874; Amendments 1873-4, 189; took effect July 1,
1874.*="

5101. Consent to sepai'ate revocable.

Sec. 101. Consent to a separation is a revocable act, and if one of the parties
afterwards, in good faith, seeks a reconciliation and restoration, but the other
refuses it, such refusal is desertion.

5102. Desertion, how cured.

Sec, 102. If one party deserts the other, and before the expiration of the
statutory period required to make the desertion a cause of divorce, returns and
offers in good faith to fulfill the marriage contract, and solicits condonation,
the desertion is cured. If the other party refuse such offer and condonation,
the refusal shall be deemed and treated as desertion by such party from the
time of refusal. [Amendment,, approved March 30, 1874; Amendments 1873-4,
190; took effect July 1, 1874.^''>

5103. Wife must abide by husband's selection of home, or it is desertion on her

part.
Sec 103. The husband may choose any reasonable place or mode of living,
and if the wife does not conform thereto, it is desertion.

5104. If the place is unfit, and wife refuses to conform, it is desertion by the hus-

band.
Sec. 104. If the place or mode of living selected by the husband is unreason-
able and grossly unfit, and the wife does not conform thereto, it is desertion
on the part of the husband from the time her reasonable objections are made
known to him.

fa) Ori'Tinal section- (&) The original section instead, of •' a cause of di-

Lc.Too° The separation and Intent to desert are not voWe ." hud the word« •• ^-"jl'^blT dlemW i^S t^.'ted

always coincident. Temporary absence or separation, instead of •• the relusal shall be deemed and treated

proper in itself, may be converted into desertion when- as," it had the words • it is.

ever the intent to desert is fixed during such absence

or separation.

589

5105-5118 CIYIL CODE.

5105. ]ViUftiI neglect, what.

Hec. 105. AVillful neglect is the neglect of the husband to provide for his
wife the common necessaries of life, he having the ability to do so; or it is the
failure to do so by reason of idleness, profligacy, or dissipation.

5106. Habitual intemperance, xohat.

Skc. lOG. Habitual intemperance is that degree of intemperance from the nse
of intoxicating ariulcs which disqualifies the person a great portion of the time
from properly attending to business, or which would reasonably inflict a course
of great mental anguish upon an innocent party.

5107. JT'thitual intemperance for one year. ^

bx:c. 107. "Willful desertion, willful neglect, or habitual intemperance must
continue for one year before either is a ground for divorce.

ARTICLE III.

CAUSES FOR DENYING DIVORCE.

5111. Dii-07'ces denied, on slioxoing what.

Skc. 111. Divorces must be denied upon showing:

1. Connivance; or,

2. Collusion; or,

3. Condonation; or,

4. Recrimination; or,

5. Limitation and lapse of time.

5112. Connivance, icliat.

Sec. 112. Connivance is the corrupt consent of one party to the commission
of the acts of the other, constituting the cause of divorce.

5113. Corrupt consent, how manifested.

Sec. 113. Corrupt consent is manifested by passive permission, with intent
to connive at or actively procure the commission of the acts complained of.

5114. Cnllasion, what.

Sec. Hi. Collusion is an agreement betw^een husband and wife that one of
them shall commit, or appear to have committed, or to be represented in court
as having committed, acts constituting a cause of divorce, for the purpose of
enabling the other to obtain a divorce.

5115. Condonation, xchat.

Si.c. 115. Condonation is the conditional forgiveness of a matrimonial offense
constituting a cause of divorce.

5116. Jif(fnb<ites to foiidonatian.

Sic. 110. Tlie following requirements are necessary to condonation:

1. A knowledge on the part of the condoner of the facts constituting the
cause (jf divorce;

2. Rec<jnciliation and roniission of the offense by the injured party;
'.'>. Restui-ation of the offending party to all marital rights.

5in. (Jniidonalion imj/lics what.

Skc. 117. Condonation implies a condition subsequent; that the forgiving
party must be treated with conjugal kindness.

5118. I'jiidi'nce (f condonation.

Sic. 118. Where the cause of divorce consists of a course of offensive con-
duct, or ari.ses in case of cruelty, from successive acts of ill-treatment which
may, aggregately, constitute the offense, cohabitation, or passive endurance, or
conjugal kindness, shall not be evidence of condonation of any of the acts con-

590

MAEKIAGE. 5118-5124

stituting- such cause, unless accompanied by an express agreement to condone.
[Ainendment, approved March 30, 1874; Amendments 1873-4, 19U; look effect
July 1, 1874/^'

5119. Condonation, when can he made.

Sec. 119. In cases mentioned in the last section, condonation can bo made
only after the cause of divorce has become complete, as to the acts conii)luiiiod
of. [Amendment, approved March 30, 1874; Amendments 1873-4, 190; look
effect Juhj 1, 1874.^''>

5120. Concealment of facts in certain cases makes condonation void.

Sec. 120. A fraudulent concealment by the condonee of facts constituting a
different cause of divorce from the one condoned, and existing at the time of
condonation, avoids such condonation.

5121. Condonation, hmv revoked.

Sec 121. Condonation is revoked and the original cause of divorce revived:

1. When the condonee commits acts constituting a like or other cause of
divorce; or,

2. When the condonee is guilty of great conjugal unkindness, not amount-
ing to a cause of divorce, but suflficiently habitual and gross to show that the
conditions of condonation had not been accepted in good faith, or not fulfilled.

5122. Recrimination, what.

Sec. 122. Recrimination is a showing by the defendant of any cause of
divorce against the plaintiff, in bar of the plaintiff's cause of divorce.

5123. Condonation as a recriminatory defense.

Sec 123. Condonation of a cause of divorce, shown in the answer as a
recriminatory defense, is a bar to such defense, unless the condonation be
revoked, as provided in section one hundred and twenty-one, or two years have
elapsed after the condonation, and before the accruing or completion of the
cause of divorce against which the recrimination is shown. [Ainendment, ap-
proved March 30, 1874; Amendments 1873-4, 190; took effect July 1, 1874.'"'

5124. Limitation of action for divorce.
SeC. 124. A divorce must be denied:

1. When the cause is adultery, and the action is not commenced within two
years after the commission of the act of adultery, or after its discovery by the
injured party; or,

2. When the cause is conviction of felony, and the action is not commenced
before the expiration of two years after a pardon, or the termination of the
period of sentence;

3. In all other cases when there is an unreasonable lapse of time before the
commencement of the action. [Amendment, approved March 30, 1874; Amend-
ments 1873-4, 191; took effect July 1, 1874."^'

(n) Original section: tion made without undue influence, bo construed u

Sec. Uh. Where the cause of divorce consists of a evidence of condonation,

course of oflfensive conduct covering the prescribed (c) Original section; i, «

Bt-itiitory period, or arising, in case of cruelty, from Sicc. l'i:i. Condonation of a cause of divorce shown in

successive acts of ill treatment which may, aggre- the answer as a recriminatory di-lcnse is a bar '"""J''*

gately, constitute the offense, cohabitation, or passive defense when the condonee has fully perti>rmert tne

endurance, or conjugal kindness, shall not be evidence marital duties, and is without reproach since tne con-

of condonation of any part of the facts or period con- donation, or if three years or more have clapseu after

Btituting such cans- s, unless accompanied by an ex- the con<U>nation, and before the accruing or compie-

press ageement to condone. tion of the cause of divorce against which the recrim-

(6) Original section- iuation is shown. i ji . . i

Sec. 119. In cases mentioned in the last section, only (</) The original section in the first «"f''|''''»"° •«-

after the cause of divorce has become complete, as to stead of " two " had the word "hve. and In tne seioncl

the acts complained of and the period of their contiu- subdivision instead of " two years naa _ ""^ Jf"-

uance, can condonation be made. Even then, further In the third subdivision it had. alter time, me

efforts to live with and reform the offending party must words " after the commission ot the ononsc.
nut, unsupported by an express agreement of condona-

591

5125-5139 CIVIL CODE.

5125. Lapse of time establishes certain presumiMons.

Sec. 125. Unreasonable lapse of time is such a delay in commencing \he
action as establishes the i^resiimption that there has been connivance, collusion,
or condonation of the offense, or full acquiescence in the same, with intent to
continue the marriage relation notwithstanding the commission of such offense.

5126. Presumptions may be rebutted.

Sec 12G. The presumptions arising from lapse of time may be rebutted by
showing reasonable grounds for the delay in commencing the action.

5127. Limitation of time.

Sec. 127. There are no limitations of time for commencing actions for
divorce, except such as are contained in section 124.

5128. Divorces granted, when.

Sec. 128. A divorce must not be granted unless the plaintiff has been a
resident of the state for six mouths next preceding the commencement of the
action.

5129. Proof of actual residence required — Presumptions do not apply.

Sec. 129. In actions for divorce the presumption of law, that the domicile of
the husband is the domicile of the wife, does not apply. After- separation each
may have a separate domicile, depending for proof ujDon actual residence, and
not ujion legal j)resumj)tions.

5130. Divorce not granted by default, etc.

Sec 130. No divorce can be granted upon the default of the defendant, or
upon the uncorroborated statement, admission, or testimony of the jDarties, or
ujjon any statement or finding of fact made by a referee; but the court must, in
addition to any statement or finding of the referee, require proof of the facts
alleged, and such proof, if not taken before the court, must be upon written
questions and answers. [Amendment, apjproved March 30, 1874; Amendments
1873-4, 191; took effect July 1, 1874.*=^>

AETICLE IV.

GENERAL PROVISIONS.

5136. Belipf in some cases, lohere reparation denied.

Sec 13G. Though judgment of divorce is denied, the court may, in an action
for divorce, provide for the maintenance of the wife and her children, or any of
them, b}' the husband.

5137. Expense of action.

Sec. 137. "While an action for divorce is pending, the court may, in its dis-
cretion, require the husband to j^ay as alimony any money necessary to enable
the wife to support herself or her children, or to prosecute or defend the action.
? 137. Add, " When the hu.sband willfully deserts the wife

lemay.withoutapplyinfr for a.Iivoroe,mHintain in the District .« U • ^ +

ourt an aK.on aj:a.n.«t inin for pern.anent support and nnin- '^^^ before Or after judgment,

nance of hcrH-lf or of hersHf and children, during the pendency ' " " '

such action the Court may in iis discretion require the hus-

iucation of the children of the

.„,, , V. w^>.. - ...<V II, lift uiscreuon require the hurt- A fnn\r of nnv tiinP vopntp CtY

md to pay as alimony any money necessary for the prosecu- ^ ^ ^ vacate 01

jn of the action and for .support and maintenance. The final I

dpnent m 8uch action may he enforced hy the Court by such ! ,. , j 4 -r

der or orders as in its discretion it may from *ime to time "reparation granted tO Wife.

■em necessary, and such order or order.s may be varied, al- ffense of the husband, the COUrt

red or revoked at the discretion of the Court " fin effi-ct * ^.i i -n * at,

irch 20, 1878.] ^ • of the children of the marriage,

,-, ^..^lunin'-K ii'ju: ui;uu auj dtatement or finfling of fact made by a referee,

Sec. 1.30. No divorce must be granted upon the de- but the court niust require proof of the facts alleged,

fault of the defendant, or upon the etatement, admls- which proof, if taken before a referee, must be upon

■ion, or uncorroborated teBtimony of the parties, or written questions and answers.

592

MARRIAGE. 5130-514G

and to make such suitable allowance to the wife for her supi:)ort, durin;,' her
life, or for a shorter period, as the court may deem just, having regard to the
circumstances of the parties respectively; and the court may, from time to time,
modify its orders in these respects.

5140. Security for maintenance and alimony.

Sec. 140. The court may require tlie husband to give reasonable security for
providing maintenance or making any payments required under the provisions
of this chapter, and may enforce the same by the ai^pointment of a receiver, or
by any other remedy applicable to the case.

5141. Court shall resort to what, in executing certain sections.

Sec. 141. In executing the five jn-eceding sections the court must resort:

1. To the community property; then,

2. To the separate jaroperty of the husband.

5142. Ifivi/e has sufficient for her support, court may withhold allowance.

Sec. 142. "When the wife has either a separate estate, or there is community
property sufficient to give her alimony or a proper supj)ort, the court, in its
discretion, may withhold any allowance to her out of the separate jnoperty of
the husband.

5143. Community and separate property may be subjected to support and educate

children.
Sec. 143. The community proj^erty and the separate property may be sub-
jected to the support and education of the children in such proportions as the
court deems just.

5144. Legitimacy of issue. /^

Sec. 144. When a divorce is granted for the adultery of the husband, the
legitimacy of children of the marriage begotten of the wife before the com-
mencement of the action is not affected.

5145. Same.

Sec 145. When a divorce is granted for the adultery of the wife, the legit-
imacy of children begotten of her before the commission of the adultery is not
affected; but the legitimacy of other children of the wife may be determined
by the court, upon the evidence in the case.

5146. Community property and homestead, how disposed of on divorce.

Sec 146. In case of the dissolution of the marriage by the decree of a court
of competent jurisdiction, the community property, and the homestead, shall
be assigned as follows:

1. If the decree be rendered on the ground of adultery or extreme cruelty, the
community property shall be assigned to the respective parties in such i)ropor-
tions as the court, from all the facts of the case, and the condition of the
parties, may deem just.

2. If the decree be rendered on any other ground than that of adultery or
extreme cruelty, the community property shall be equally divided between the
parties.

3. If a homestead has been selected from the community property, it may be
assigned to the innocent party, either absolutely, or for a limited period, sub-
ject in the latter case, to the future disposition of the court, or it may, in the
discretion of the court, be divided, or be sold and the proceeds divided.

4. If a homestead has been selected from the separate property of either, it
shall be assigned to the former owner of such property, subject to the power of

38 593

5UG-51G1 CIVIL CODE.

the coui-t to assign it for a limited period to the innocent party. [Amendment,
approved March 30,1874; Amendments 1873-4, 191; took effect July 1, 1874.'^>

5147. Order of court for disposition of jyroperty.

Sec. 147. The court, in rendering a decree of divorce, must make such order
for the disposition of the community property, and of the homestead, as in this
chapter provided, and, whenever necessary for that purpose, may order a parti-
tion or sale of the property and a dhision or other disposition of the proceeds.
[Amendmeid, approved March 30, 1874; Amendments 1873-4, 192; took effect
July!, 1874.^"'

5148. Order subject to revision on appeal.

Sec. 148. The disposition of the community property, and of tbe homestead,
as above provided, is subject to revision on appeal in all particulars, including
those which are stated to be in the discretion of the court. [Amendment, ap-
prurrd Mairh 30, 1874; Amendments 1873-4, 192; took effect July 1, 1874."='

CHAPTEE III.

HUSBAND AND WIFE.

5155. Mutual obligations of husband and wife.

Sec. 155. Husband and wife contract towards each other obligations of
mutual respect, fidelity, and support.

5156. Bights of husband, as head of family.

Six. 15G. The husband is tbe head of the family. He may choose any reason-
able place or mode of living, and the wife must conform thereto.

5157. In other respects their interests separate.

Sec. 157. Neither husband nor wife has any interest in the property of the
other, but neither can be excluded from the other's dwelling.

5158. Ha.sband and wife may make contracts.

Sec 158. Either husband or wife may enter into any engagement or trans-
action with the other, or with any other person, respecting property, which
either might if unmarried; sul)ject, in transactions betAveen themselves, to the
general rules which control the actions of persons occupying confidential rela-
tions with each other, as defined by the title on trusts.

5159. Hinvfar may impair their legal obligations.

Sec. 159. A husband and wife cannot, by any contract with each other, alter
th( ir legal relations, except as to property, and excej^t that they may agree, in
writing, to an immediate separation, and may make provision for the snjjport
of oithf-r of them and of their children during such separation. \Amendm<7d,
approvrd March 30, 1874; Amendinents 1873-4, 193; took effect July 1, 1874.^'^'
51G0. Consideration for agreement of separation .

Sec. 100. Tlie nmtual consent of the parties is a sufficient consideration for
such an agreement as is mentioned in the last section.
516*1. Miiy he job d tenants, etc.

Si;c. KJl. A husband and A\ife may hold property as joint tenants, tenants in •
common, or as community jiroperty.

(n) Or (.'liuil nr-rtlon: the grouinl nf ndHUcry or pxtremc fruelty. the p(l^^y in

^" II' li, .1.-. ..1 tlic .li:-K"lutii.ii of Uic- niarriBBe fiiult in only entitled to such portion of the comnniuity

'■: ■■ !■■ ■ • I... • r:t.l . ..! ,|,itent jurlKilietion, the proixTty as the court granting the decree miiy, in its

.■nn.'iiii) iri.^ity iMiihl bi- iqnaly divided be- diKcretion, from the facts of the case, deem just,

twi I II 111. I anil h; and the court KrantiiiK the decree (c) Original section:

nlu^t iimki- Kuch order for the dlvihlon r,f the com- Sko. U-*. The order for the disposition of the com-

I.. unity property, or the hale and efjiial dihtiihutlon of niunity property, under the preceding se( tion. in sub-

u.. j.rocetilb thereof, hh the nature of the case may re- ject toVevisicm on appeal in all respect-. Including the

I "'re. exeriise of discretion bv the court below.

(fe) Oripinnl section: (</) The original section did have the words " in

bjic. H.. When the decree of divorce is rendered on writing."

594

MARRIAGE. 51G2-5173

5162. Separate property of the vnfe.

Sec. 162. All property of the wife, owned b}' her before man-iaf^e, and that
acquired afterwards by gift, bequest, devise, or descent, with the rents, issues,
and profits thereof, is her separate property'. The wife may, witliout the
consent of her husband, convey her separate property.

5163. Separate property of the husband.

Sec. 163. All projjert}^ owned by the husband before niarrinf,fe, and tlmt
acquired afterwards by gift, bequest, devise, or descent, with the rents, issues,
and profits thereof, is his separate property'.

5164. Community property.

Sec. 164. All other property- acquired after marriage, by either husband ov
wife, or both, is community property.

5165. Inventory of sejoarate property of wife.

Sec. 1G5. A full and complete inventory of the separate personal property
of the wife may be made out and signed by her, acknowledged or proved in
the manner required by law for the acknowledgment or proof of a grant of real
property by an unmarried woman, and recorded in the office of the recorder of
the county in which the parties reside.

5166. Filing inventory notice of wife's title and prima fame evidence.

Sec. 166. The filing of the inventory in the recorder's office is notice and
prima facie evidence of the title of the wife. [Amendment, approved March 30,
1874; Amendments 1873-4, 193; took effect July 1, 1874.'^^

5167. Community property, when not Ual)le for contracts of wife.

Sec. 167. The property of the community is not liable for the contracts of\
the wife, made after marriage, unless secured by a pledge or mortgage thereof V
executed by the husband. [Aynendment, approved March 30, 1874; Amendments I
1873-4, 193; took effect July 1, 1874.'''> ^j

5168. Earnings of wife not liable for debts of husband.

Sec. 168. The earnings of the wife are not liable for the debts of the
husband,

5169. Earnings of wife, when living separate, 'ieparate p)roperty .

Sec. 169. The earnings and accumulations of the wife, and of her minor
children living with her or in her custody, while she is living separate from her
husband, are the separate property of the wife.

5170. Liability for debts of wife contracted before mai'riage.

Sec. 170. The separate property of the husband is not liable for the debts of
the wife contracted before the marriage.

5171. Wfe's property not liable for debts of husband, but liable for her own debts.
Sec. 171. The separate property of the wife is not liable for the debts of her

husband, but is liable for her own debts, contracted before or after marriage.

5172. Power of husband over community jjroperly.

Sec. 172. The husband has the management and control of the community
in-operty, with the like absolute power of disposition (other than testamentary)
as he has of his separate estate.

5173. Courtesy and dower not alloioed.

Sec, 173. No estate is allowed the husband as tenant by courte.'^y upon the
death of his wife, nor is any estate in dower allotted to the wife upon the death
of her husband.

(a) The original had the word " primary" instead of (6) Original section: . ^ ,._

" prima facie." Sec. 1(17. A wife cannot make a contract for the pay-

ment of money.

595

5174-5193 CIVlh CODE.

5174. Uusbaiid liable for support o/ivife.

Sec. 174. If the hu.sbaiul ueglect to make adequate provision for the siipporfc
of his wife, except iu the cases mentioned in the next section, any other person
may, in good faith, supply her with articles necessary for her support, and
recover the reasonable value thereof from the husband. [Amendment, approved
.March 30, 1874; Jmendmeuts 1873-4, 193; took efect Juhj 1, 1874.^"'

5175. M'hen not liable.

Sec. 175, A husband abandoned by his wife is not liable for her support until
she oflers to return, unless she was justified, by his misconduct, in abandoning
him; nor is he liable for her support when she is living separate from him, by
agi-eement, unless such support is stipulated in the agreement. [Amendment,
approved March 30, 1874; Amendments 1873-4, 193; took effect Juhj 1, 1874.*"^

5176. When wife mu^t support hiif'band.

Sec 176. The wife must support her husband, when he has not deserted her,
out of her se^iarate property, when he has no separate property, and there is no
community i^rojierty, and he is unable, from infirmity, to support himself.
\Aine)idnient, approved March 30, 1874; Amendments 1873-4, 194; took effect
Juhj 1, 1874.'^'

5177. Bights of husband governed by xoliat.

Sec 177. The property rights of husband and wife are governed by this
chapter, unless there is a marriage settlement containing stipulations contrjiry
thereto.

5178. Marriage settlement co7dracts, how executed.

Sec 178. All contracts for marriage settlements must be in writing, and exe-
cuted and acknowledged or proved in like manner as a grant of land is required
to be executed and acknowledged or proved.

5179. To be acknowledged and recorded.

Sec 179. When such contract is acknowledged or proved, it must be
recorded in the office of the recorder of every county in which any real estate
may be situated which is granted or aifected b}' such contract.

5180. Effect of recording.

Sec 180. The recording or non-recording of such contract has a like effect as
the recording or non-recording of a grant of real proj)erty.

5181. Minors may make marriage settlements.

Sec. 181. A minor capable of contracting marriage may make a valid mamage
settlement.

TITLE II.

JJarcut mh (Tljilti.

Chapter I. P.v I'lmir 5193

II. ]jv Adoi'tion 5221

CHAPTER I.

CHILDREN BY BIRTH.
5193. Ijpgilimacy (f children born in wedlock.

Si;c 193. All cljildren born in wedlock are presumed to be legitimate.

(n\ Tho r^{.in«l Bccllon <H<1 not l.Hvr. the words, •'^vh,:ti U-. has not deserted her." Instead of " there

V m^nti<.UL-d In the next M.-ction." Ik " it had tlie word " they." und iiiBtead of '• he is uu-

. tlon aid uot have t i._ iiht ilauFC i.l.le, tv„u, infiruiity." it had " he from iufiniiity jb not

:.<: words nor is he linl.le." able or comuettnt."

''I ill' 'iiruiii Bectioii did uot have the wordK

590

PAEENT AND CHILD. 5194-5202

5194. Legitimacy of children born after dissohilion of marriage.

Sec. 194. All children of a woman who has been married, horn within ten
months after the dissolution of the marriaj^e, are presumed to ho Ic'ltimute
children of that marriage. [Amendment, api.n-oved Jilarch 30, 1HT4; Amendments
1873-4, 194; took effect July 1, 1874.^"'

5195. WJio may dispute legitimacy of child.

Sec. 195. The presumption of legitimacy can be disputed only by the husband
or wife, or the descendant of one or both of them. Illegitimacy, in such case,
ma}' be proved like any other fact.

5196. Obligation of parents for support and education of children.

Sec. 196. The parent entitled to the custody of a child must give him support
and education suitable to his circumstances. If the suppoi-t and education
which the father of a legitimate child is able to give are inadequate, the mother
must assist him to the extent of her ability.

5197. Custody of legitimate child.

Sec. 197. The father of a legitimate unmarried minor child is entitled to its
custody, services, and earnings; but he cannot transfer such custody or ser-
vices to any other person, except the mother, without her written consent, un-
less she has deserted him, or is living separate from him by agreement. If the
father be dead, or be unable, or refuse to take the custody, or has abandoned
his family, the mother is entitled thereto. [Amendment, approved March 30,
1874; Amendments 1873-4, 194; took effect July 1, 1874.^"'

5198. Husband and wife living separate, neither to have superior right to custody

of children.
Sec 198. The husband and father, as such, has no rights superior to those
of the wife and mother, in regard to the care, custody, education, and control
of the children of the marriage, while such husband and wife live separate and
apart from each other.

5199. When husband or wife may bring action for exclusive control of children.
Sec 199. Without application for a divorce, the husband or the wife may

bring an action for the exclusive control of the children of the marriage; and
the court may, during the pendency of such action, or at the final heaiing
thereof, or afterwards, make such order or decree in regard to the support,
care, custody, education, and control of the children of the marriage, as may
be just, and in accordance with the natural rights of the parents and the best
interests of the children, and may at any time thereafter amend, vary, or modify
such order or decree, as the natural rights and the interests of the parties,
including the children, may require.

5200. Custody of an illegitimate child.

Sec 200. The mother of an illegitimate unmarried minor is entitled to its
custody, services, and earnings.

5201. Alloivance to parent.

Sec. 201. The proper court may direct an allowance to be made to the parent
of a child, out of its property, for its past or future supi^ort and education, on
such conditions as may be proper, whenever such direction is for its benefit.

5202. Parent cannot control property of child.

Sec 202. The parent, as such, has no control over the property of the cliild.

la) Oriein-il Rpption- C*' The original section, instead of " unless she has

Sec. wl All children of a woman who has been mar- deserted him or is ^Y'V^?.'^:^^^ ^T^,^^
ried, born within ten months after the dissolution of ment," had the words il she 18 living and callable ot
the marriage, are presumed to be legitimate. But if consent,
during such period she marries again, and afterwards
has a child, it is presumed to be her legitimate off-
spring by the second husband.

597

5203-5212 CIVIL CODE.

5203. lymedy for parental abuse.

Slc. 20o. The al>use of parental authority is the subject of juJicial cognizance
iu a civil action brought by the chiki, or by its rehitive within the third degree,
or by the supervisors of the county where the child resides; and when the abuse
is established, the child may be freed from the dominion of the parent, and the
duty of support and education enforced.

5204. ]I7je» parental auihorily ceases.

Stc. 2U4. The authority of a parent ceases:

1. Tpon the appointment, by a court, of a guardian of the person of a child;

2. Upon the marriage of a child; or,

3. Upon its attaining majority. ''

5205. Bemedij ichen parent dies without providing for svjyport of child.

Six. 205. If a parent chargeable with the suj^port of a child dies, leav^ing it
chargeable to the county, and leaving an estate sufficient for its support, the
supervisors of the county may claim provision for its support from the parent's
tstate by civil action, and for this purpose may have the same remedies as any
L-reditors against that estate, and against the heirs, devisees, and next of kin of
the jtarent.

5206. Eeciprocal duties of parents and children in maintaining each other.

Sec 20G. It is the duty of the father, the mother, and the children of any
]ioor person who is unable to maintain himself by work, to maintain such person
to the extent of their ability. The i)romise of an adult child to pay for neces-
saries previously furnished to such parent is binding.

5207. 117(0! parent is liable for necessaries supplied to child.

Skc. 207. If a parent neglects to provide articles necessary for his child who
is under his charge, according to his circumstances, a third person may in good
faith supply such necessaries, and recover the reasonable value thereof from the
parent.

5208. Mlten parent not liable for svpport furnished child.

Skc. 208. A parent is not bound to compensate the other j^arent, or a relative,
fur the voluntary support of his child, without an agreement for compensation,
nor to comi)ensate a stranger for the support of a child who has abandoned the
jKircnt without just cause.

5209. Jliisbaiid not hound for support of wife's children by former marriage.
Si;f. 2U0. A husband is not bound to maintain his wife's children by a former

husband; but if he receives them into his family and supports them, it is pre-
sumed that he does so as a parent, and where such is the case, they are not
liable to him for their support, nor he to them for their services.

5210. (Joiitpn)mlion and support of adult child.

Hec. 210. "Where a child, after attaining majority, continues to serve and to
be supported by the parent, neither party is entitled to compensation, in the
aljsence of an agreement therefor.

5211. Parent may rrliurpiii^h si-rcices and custody of child.

Sj.c. 211. The parent, whether solvent or insolvent, may relinquish to the
'hild the right of controlling him and receiving his earnings. Abandonment
\}\ \]\i: parent is i)resuuii)tive evidence of such relinipiishment.

5212. Wftgi-H iff min(n'i(.

Skc. 212. The wages of a minor employed in service may be paid to him until
tlie parent or guardian entitled thereto gives the employer notice that he claims
such wages. \AmeHdmenl, approved March 30, 1874; Amendments 1873-4, 194;
t'Mjk i'Jfecl July 1, 1874."^

(a) ThP orlKlnal wictton, in tJn- placf of ■• until," had the words " unleBS, within thirty davri after the com-
■neneeiai-ut of the Bcrvlce."

598

PARENT AND CHILD. 5213-522G

5213. Bight of parent to determine residnice of elidd.

Sec. 213. A parent entitled to the custody of a child has a right to change
his residence, subject to the jDower of the proper court to restrain a removal
which would prejudice the rights or welfare of the child.

5214. Wife in ceriain cases may obtain custody of minor children.

Sec. 214. When a husband and wife live in a state of separation, without
being divorced, any court of comjoetent jurisdiction, upon a])i)lic-atiun of citlior,
if an inhabitant of this state, may inquire into the custody of any unmarried
minor child of the marriage, and may award the custody of such child to either,
for such time and under such regulations as the case may require. The decis-
ion of the court must be guided by the rules prescribed in section 240.

5215. Child legitimized by marriage of pareids.

Sec 215. A child born before wedlock becomes legitimate by the subsequent
marriage of its parents. [Nero section, approved 3Iarch 30, 1874; Amendments
1873-4, 195; took effect July 1, 1874.

CHAPTER II.

ADOPTION.

5221. Child may be adopted.

Sec 221. Any minor child may be adopted by any adult j^erson, in the cases
and subject to the rules prescribed in this chapter.

5222. Who may adopt.

Sec. 222. The person adopting a child must be at least ten j-ears older than
the person adopted. [Amendment, aprproved 3Iarch 30, 1874; Amendments
1873-4, 195; took effect July 1, 1874. '">

5223. Consent necessary.

Sec 223. A married man, not lawfully separated from his wife, cannot adopt
a child without the consent of his wife; nor can a married woman, not thus
separated from her husband, without his consent, provided the husband or wife,
not consenting, is capable of giving such consent. [Amendment, apjproved
March 30, 1874; Amendments 1873-4, 195; took effect July 1, 1874."'>

5224. Consent of child's ptarents.

Sec. 224. A legitimate child cannot be adopted without the consent of its
parents, if living, nor an illegitimate child without the consent of its mother, if
living, except that consent is not necessar}^ from a father or mother dejinved of
civil rights, or adjudged guilty of adultery or of cruelty, and for either cause
divorced, or adjudged to be a habitual drunkard, or who has been judicially
deprived of the custody of the child on account of cruelty or neglect.

5225. Consent of child.

Sec 225. The consent of a child, if over the age of twelve years, is necessary
to its adoption.

5226. Proceedings on adoption.

Sec 226. The person adopting a child, and the child adopted, and the other
persons, if within or residents of this state, whose consent is necessaiy, must
appear before the county judge of the county where the person adopting resides;
and the necessary consent must thereupon be signed and an agreement be exe-
cuted by the person adopting, to the effect that the child shall be adopted and

(a) Original section: ('') The original eeotion did not have the last rlause

Sec. 22-2. The person adopting a child niuKt be at commencing -ftith the word£ "nor can a mamed
least fifteen years older than the person adopted, and woman."
must have been married, and if a woman, must be a
widow, or be lawfully divorced from her husband with-
out her fault.

599

5226-5238 CIYIL CODE.

treated in all respects as his owu lawful child should be treated. If the per-
sons whose consent is necessary are not within or are not residents of this state,
then theii- \\'i'itten consent, duly proved or acknowledged according to sections
1182 and 1183 of this code, shall be filed in said county court at the time of the
application for adoption. \ Amendment, approved February 9, 1876; Amendments
1875-6, 69; took effect im mediately.'-''''

5227. Judge's order.

Sec. 227. The judge must examine all persons appearing before him pursuant
to the last section, each sej^arately, and if satisfied that the interests of the child
will be promoted by the adoption, he must make an order declaring that the
child shall thenceforth be regarded and treated in all respects as the child of the
person adopting.

5228. Effect of adoption — Rights and duties.

Sec. 228. A child, when adopted, may take the family name of the person
adopting. After adoption, the two shall sustain towards each other the legal
relation of parent and child, and have all the rights and be subject to all the
duties of that relation. [Amendment, approved March 30, 1874; Amendments
1873-4, 195; took eff'ect July 1, 1874.'"^

5229. Eff'ect on former relations of child.

Sec 229. The parents of an adopted child are, from the time of the adoption,
relieved of all parental duties towards, and all responsibility for, the child so
adopted, and have no right over it.

5230. Adoption of illegitimate child.

Sec. 230. The father of an illegitimate child, by publicly acknowledging it as
his own, receiving it as such, with the consent of his wife, if he is married, into
his family, and otherwise treating it as if it were a legitimate child, thereby
adopts it as such; and such child is thereupon deemed for all purposes legiti-
mate from the time of its birth. The foregoing provisions of this chapter do
not appl}- to such an adoption.

TITLE III.

5236. Guardian, what.

Sec. 236. A guardian is a person appointed to take care of the person or
property of another.

5237. Ward, what.

Si;c. 2ii7. The j)erson over whom or over whose property a guardian is
appointed, is called his ward.

5238. Kinds (f guardians.

Sec. 238. Guardians are either:

1. General; or,

2. Sj.ecial.

(/I) OrijflnnlfWfrtlon: tlie cIiiM Khnllbf) n(lf)ptfd, nnd treated in all respects

Hkc. •j'iO. Tin- pfiDioii HdoptliiK a "hllil, an<l tlir- rljlld as liisowii lawful child Bliould b(^ treated,

adopted, mid tli<- iiUii-r pcrhuiiH whose cniiwiit JK iieies- {h) The original section, instead of " may take the

Bary, must appear before tin- county jiiil«e of the coniiiy family name of the person adopting. After adoption

where the persou adoptinn n sid s, and the uecessury the two sliall." liad the words " takes the name of the

eons«nt nnist thereiii»<>ii be higned, and an agreement person adopting, and the two thenceforth."
be executed by the l>erHuu aUox>tiug, to the elTect that

GUO

GUAEDIAN AND WARD. 5239-524G

5239. General guardian, what.

Sec. 239. A general guardian is a guardian of the person or of all tlie prop-
erty of tlie ward within this state, or of both.

5240. Special guardian, ivhat.

Sec, 240. Every other is a special guardian.

5241. Appointment of guardian by will or by deed.

Sec. 241. A guardian of the person or estate, or of both, of a child born, or
likely to be born, may be appointed by will or by deed, to take eli'ect upon the
death of the jiarent appointing:

1. If the child be legitimate, by the father, with the written cousent of the
mother; or by either parent, if the other be dead or incapable of consent;

2, If the child be illegitimate, by the mother. [Ammdmenf, approved March
30, 1874; Amendments 1873-4, 195; took effect July 1, 1874.^"'

b^A'2.. No person guardian of estate ivithout ap>pointment.

Sec 242. No person, whether a parent or otherwise, has any power as
guardian of property, except by appointment as hereinafter provided.

5243. Appointment by court.

Sec. 243. A guardian of the person or property, or both, of a person residing
in this state, who is a minor, or of unsound mind, may be appointed in all cases,
other than those named in section two hundred and forty-one, by the probate
court, as provided in the Code of Civil Procedure. [Amendment, approved March
30, 1874; Amendments 1873-4, 196; took effect July 1, 1874.^'''

5244. Same.

Sec 244. A guardian of the property within this state of a person not resid-
ing therein, who is a minor, or of unsound mind, may be appointed by the
probate court,

5245. Jurisdiction.

Sec 245. In all cases the court making the appointment of a guardian has
exclusive jurisdiction to control him.

5246. Rules for aioarding custody of minor.

Sec 246. In awarding the custody of a minor, or in appointing a general
guardian, the court or officer is to be guided by the following considerations:

1. By what appears to be for the best interest of the child in respect t© its
temporal and its mental and moral welfare; and if the child be of a sufficient
age to form an intelligent preference, the court may consider that preference in
determining the question.

2. As' between parents adversely claiming the custody or guardianship,
neither parent is entitled to it as of right; but, other things being equal, if the
child be of tender years, it should be given to the mother; if it be of an age to
require education and preparation for labor and business, then to the father.

3. Of two persons equally entitled to the custody in other respects, preference
is to be given as follows:

1. To a parent;

2. To one who was indicated by the wishes of a deceased parent;

3. To one who already stands in the position of a trustee of a fund to be
applied to the child's support;

4. To a relative. [Amendment, approved March 30, 1874; Amendments 18 r 3-4,

196; took effect July 1, 1874.<'='

(a) The original section did not have the words " or M)J^J^^T^\ T^.^^^ '^tJ:^^^

"S?The"oSn:; section did not have the words ... "instead of-.-:." and in addition had '• 5 Tooneo,

" other th,m those named in section two hundred and good moral character,
forty-one."

601

5247-5255 CIYIL CODE.

5247. Foicers of guardian aiipointed by court.

Sec. 247. A guardiau aiDpointed by a court bus power over the person and
projierty of tlie ward, unless otherwise ordered.

5248. Duties of guardian of the person.

Sec. 248. A guardian of the person is charged with the custody of the ward,
and must look to his sui)poi t, health, and education. He may fix the residence
of the ward at auy place within the state, Lut not elsewhere, without permission
of the coiut.

5249. Duties of guardian of estate.

Sec. 249. A guardian of the property must keep safely the property of his
wai'd. He must not peiTait any unnecessary waste or destruction of the real
property, nor make any sale of such propert}' without the order of the probate
court, but must, so far as it is in the power, maintain the same, with its build-
ings and apimrtenances, out of the income or other proj^ert}' of the estate, and
deliver it to the ward, at the close of his guardianship, in as good condition as
he received it. [Amendment, approved March 30, 1874; Amendments 1873-4,
197; took effect Juhj 1, 1874.<''>

5250. Relation confidential.

Sec. 250. The relation of guardian and ward is confidential, and is subject to
the i^rovisions of the title on trust.

5251. Guardian under direction of court.

Sec 251. In the management and disposition of the person or j^ropert}^ com-
mitted to him, a guardian may be regulated and controlled by the court.

5252. Death of a joint guardian.

Sec 252. On the death of one of two or more joint guardians, the power
continues to the survivor until a further ajDjDointment is made by the court.

5253. liemoval of guardian.

Sec 253. A guardian may be removed by the probate court for any of the
following causes:

1. For abuse of his trust;

2. For continued failure to perform its duties;

3. For incapacity to perfoiin its duties;

4. For gross immorality;

5. For having an interest adverse to the faithful performance of Ids duties;

6. For removal from the state;

7. In the case of a guardian of the property, for insolvency; or,

8. When it is no longer jjroper that the ward should be under guardianship.

5254. Guardian appointed by parent, Juno superseded.

Sec 254. The power of a guardian appointed by a parent is superseded:

1. By his removal, as provided by section 253;

2. By the solemnized marriage of the ward; or,

3. By the ward's attaining majority.

5255. Guardian appointed by court, how suspended.

Sec 255. The j)ower of a guardian appointed by a court is suspended only:

1. By order of tlie court; or,

2. If tlie api)ointiiient was made solely because of the ward's minority, by
his attaining majority; or,

(a) Orl«ina) wctloii: nanct*, out of the moneys of the oetate, and delivertho

bEC. J4U. A Kuardinn of th<- i.r..r"rty luwt kfcpKafely Baiiie to the ward, at the close of his KUiirdiaDsliii). iu

the property of IiIh ward. He inuht not t-uflVr iiiiy sale, as Kood condition as he received them, inevitable de-

w«>it»-, or d<-Btni<tir)n of the real i.ro|)frty. but must car and injury only excepted.
niAiutaln tho iuberitAUce, Itn buildiugs and ai>purte-

G02

MASTEE AND SERVANT. 5255-52C6

3. The guardiansliip over the person of the ward, by tlie niarria^^'c of the
ward. [Amendment, approved March 30, 1874; Amendments 1873-4, 197; tuuk
effect July 1, 1874. '"">

5256. IMease by ward.

Sec. 25G. After a ward has come to his majority, he may settle accounts with
his guardian, and give him a release, which is valid if obtained fairly and with-
out undue influence.

5257. Guardian's discharge.

Sec. 257. A guardian ajipointed by a court is not entitled to his discharge
until one year after the ward's majority.

5258. Insane persons. .

Sec. 258. A person of unsound mind may be placed in an asylum for such
persons, ujjon the order of the county judge of the county in which he resides,
as follows:

1. The judge must be satisfied, by the oath of two reputable physicians, that
such person is of unsound mind, and unfit to be at large;

2. Before granting the order the judge must examine the person himself, or
if that is impracticable, cause him to be examined by an impartial person;

3. After the order is granted, the person alleged to be of unsound mind, his
or her husband or wife, or relative to the third degree, may demand an investi-
gation before a jury, which must be conducted in all respects as under an inqui-
sition of lunacy.

TITLE IV.

master anh Scruant.

5264. 3Iinors may ap2:>rentice themselves.

Sec. 264. Every minor, with the consent of the persons or officers herein-
after mentioned, may, of his own free will, bind himself, in writing, to serve as
clerk, ajDprentice, or servant, in any profession, trade, or employment, during-
his minority; and such binding shall be as valid and effectual as if such minor
was of full age at the time of making the engagement.

5265. Consent of p)arents, etc., requidte.
Sec. 265. Such consent shall be given:

1. By the father of the minor. If he be dead, or be not of legal capacity to
give his consent, or if he shall have abandoned or neglected to provide for his
family, and such fact be certified by a justice of the peace of the township or
county, or sworn to by a credible witness, and such certificate or affidavit bo
indorsed on the indenture, then:

2. By the mother. If the mother be dead, or be not of legal capacity to
give such consent or refusal, then:

3. By the guardian of such infant. If such infant have no parent living, or
none in a legal capacity to give consent, and there be no guardian, then:

4. By the supervisors of the county, or any two justices of the peace, or the
judge of the probate court of the county;

5. If such minor be an orphan, under the care and control of any orphan
asylum in this state, then by the board of managers thereof.

5266. Written consent.

Sec 266. Such consent shall be signified in writing by the person entitled to
give the same, by certificate at the end of, or indorsed upon the indentures.

(a) The original section, instead of " suspended." had the word " superseded." It did not have the third sub-
division.

603

5267-5276 CH^IL CODE.

5267. Executors may bind.

Sec. 2G7. The executors of any last will of a parent, who shall be directed in
such will to bring up bis or her child to some trade or calling, may bind such
child to ser^-ice as a clerk, or apj)rentice, in like manner as the father might
have done if living. If there is a surviving mother, her consent also is neces-
sary.

5268. Sicperinsors may bind out.

Slc. 2G8. The supen-isors of the county may bind out minors who are or
shall become chargeable to such county, to be clerks, apprentices, or servants,
-which binding shall be as effectual as if such minors had bound themselves with
the consent of their father,

5269. Toxon officers.

Sec 269. In eveiy town or city the presiding officer of the first council or
legislative board thereof, if there be more than one, or any public officer or
officers apiDointed to provide for the poor, may in like manner bind out any
child who, or whose parents are, chargeable to any such town or cit}'.

5270. Age of apprentice to be inserted in indentures.

Sec 270. The age of every infant so bound shall be inserted in the inden-
tures, and shall be taken to be the true age; and whenever public officers are
authorized to execute any indentures, or their consent is required to the validity
of the sajue, it shall be their duty to inform themselves fully of the infant's age.

5271. Indentures, conditions in.

Sec. 271. Ever}' sum of money paid or agreed for, with or in relation to the
binding out of any clerk, ajoprentice, or servant, shall be inserted in the inden-
tures.

5272. Same.

Sec 272. The indenture shall also contain an agreement, on the j)art of the
person to whom such child shall be bound, that he will cause such child to be
insti'ucted to read and write, and to be taught the general rules of arithmetic,
or, in lieu thereof, that he will send such child to school three months of
each year of the period of indenture.

5273. Deposit of indentures.

Sec 273. The counterjoart of any indenture executed by any county, or citj^
or town officers, must be by them deposited in the office of the clerk of the
count}' court.

5274. Alien minors.

Si.o. 274. Any minor, capable of becoming a citizen of this state, coming
from any other country, state, or territory, may bind himself to service until
his majority, or for any shorter term. Such contract, if made for the purpose
of raising money to pay his passage, or for the jDayment of such passage, may
be for the term of one year, although such tenn may extend beyond the time
when such person will be of full age, but it shall in no case be for a longer
term.

5275. Contract under preceding section to be acknowledged.

Sfx;. 27.5. No contract made under the preceding section shall bind the ser-
vant, unless duly acknowledged l)y the minor, before some imblic magistrate or
other officer authorized to administer oaths, nor unless a certificate, showing
that tlic same was made freely, on private examination, be indorsed upon the
contract.

5276. Causes for annulliiig indentures.

Sec. 276. Such indentures of apprenticeship may be annulled for:

6U4

MASTER AND SERVANT. 627G

1. Fraud in the contract of inJeuture;

2. When such contract is not made or executed in accordance "witli the pro-
visions of this title;

3. For willful non-fulfillment, by such master, of the provisions of such
indenture;

4. Cruelty or maltreatment of such apprentice by the master. In such case,
the apprentice may recover for his services.

An Act relative to apprentices and masters.

Approved April 3, 1870; 1875-6, 842.

3Iinors may be apprenticed.

Section 1. All minors, at the age of fourteen years, may be bound by cove-
nant or indenture, in conformity with the stipulations herein specified, to any
mechanical trade or aii, or the occupation of farming, as apprentices; males to
the age of twenty-one years, and females to the age of eighteen.
By vjhom.

Sec. 2. Minors, at or above the age of fourteen years, may be bound by the
father, or, in case of his death, incomjietency, or where he shall have willfully
abandoned his family for one year without making suitable provision for their
support, or has become an habitual drunkard, vagi-ant, etc., then by their
mother, or by their legal guardian; and if illegitimate, they may be bound by
their mother; and if they have no parent competent to act, and no guardian,
they may bind themselves, with the apj)robation of the county court of the
county where they reside; but the power of a mother to bind her children,
whether legitimate or illegitimate, shall cease upon her subsequent marriage,
and shall not be exercised by herself or her husband, at any time during her
marriage, without the approval of the county court of the county wherein she
or he resides.

Comment of minor necessary.

Sec. 3. In all cases the consent of the minor, personally, is required as a
party to the covenant, and should be so expressed in the indenture, and testified
by his or her signing the same.

Indentures.

Sec. 4. Indentures shal.1 be signed, sealed, and delivered in duphcate copies,
in the presence of all the parties concerned; and when made with the appro-
bation of the county court, or the judge thereof in vacation, such approbation
shall be certified in writing, indorsed upon each copy of the indenture. One
copy of the indenture shall be kept for the use of the minor by his parent or
guardian (when executed by them respectively); but when made with the ap-
probation of the county court, it shall be deposited in the safe-keeping of the
clerk of said court, for the use of the minor. The other copy shall l)e held by
the master, and delivered up by him to the apprentice at the expiration of his
term of service.

Same.

Sec 5. No indenture of apprentice, made in pursuance of this act, shallbind
the minor after the death of his master, but the apprenticeship shall be thence-
forth discharged, and the minor may be bound out anew.

Same.

Sec. 6. Facts of incapacity, desertion, drunkenness, vagrancy, etc., shall be
decided in the county court by a jury before the indenture shall take effect, and
an indorsement on the indenture, under seal of the court, that the charge or
charges are proved, shall be sufficient evidence of the mother's power to give
such consent; but if the jury do not find the charge or charges to be true, the

605

5276 CIVIL CODE.

person at whose instance such proceedings may have been had shall pay all costs
atteudiug the same.

Executor may bind.

Sec. 7. Tlie executor, who by the will of a father is directed to bring up his
chikl to a trade or calHng, shall have power to bind such by indenture in like
manner as the father, if living, might have done.
County court may hind.

Sec. 8. When any minor who is poor, homeless, chargeable to the county, or
an outcast, has no visible means of obtaining an honest liveliliood, it shall be
lawful for the county court to bind such apprentice until, if a male, he arrives
at the age of twenty-one; and if a female, to the age of eighteen.
Obligations of masters.

Sec 9. It shall be unlawful for any master to remove an apprentice out of
this state; and in all indentures by the county court for binding out any orphan
or homeless minor as an apprentice, there shall be inserted, among other cove-
nants, a clause to the following effect: That the master to whom such minor
shall be bound, shall cause the same to be taught to read and write, and the
ground rules of arithmetic, the compound rules, and the ratio and proportion,
and shall give him requisite instruction in the different branches of his trade or
calling; and at the expiration of his term of service shall give him two full new
suits of clothes, and the sum of fift}' dollars, gold; and if a female, she shall
receive two fine new suits of clothes, and the sum of fifty dollars, gold; the two
new suits, in either case, to be worth at least sixty dollars, gold.

Money cot isidei'at ions and clothes the property of apprentice.

Sec. 10. All considerations of money or clothes paid or allowed by the
master, in conformity with the foregoing section, are the sole property of the
apprentice, and to whom the master is accountable for the same, and he shall
pay or donate into the hand of the apprentice alone.

Treatment of apprentices.

Sec. 11. Parents and guardians and the couuty court shall, from time to
time, inquire into the treatment of the children bound by them, respectively,
or with their approbation; and the judges of the county court shall be respon-
sible for the charge of indentured ai^preutices bound by the approbation of
their predecessors in office, and defend them from all cruelty, neglect, breach
of contract, or misconduct on the part of their masters.
Aye to he stated.

Sec 12. The age of everj' apprentice shall be inserted in the indenture; and
all indentures entered into otherwise than as is herein provided, shall be, as to
all ajiprentices under age, utterly void.
County court to hear complaints.

Sec 1*5. The county court shall hear the complaints of apprentices who reside
•witliin the county, against their masters, alleging undeserved or immoderate
correction, insuflicient allowance of food, raiment, or lodging, want of instruc-
tion in the different branches of their trade or calling, or that they are in danger
of being removed out of the state, or any violation of the indenture of appren-
ticeship; and tlie court may hear and determine sii^h cases, and make such
order therein as will relieve the party injured in future.

Court may discharge apprentice.

Sec 14. The county court shall have power, where circumstances require it,
to discliurge an apprentice from his apprenticeship, and in case any money or
other thing has been paid, or contracted to be paid by either party, in relation to
such apprenticcf^hii), the court shall make such order concerning the same as

GOO

MASTER AND SERVANT. 5270

shall seem just and reasonable. If the apprentice so cUsehrtrf^ed shall have
been originally bound by the county court, it shall be the duty of tlie co\irt,
if found necessary, again to bind such apprentice, if under age.
Liability of master.

Sec. 15. Every master shall be liable to an action on the indenture for the
breach of any covenant on his part therein contained; and all damages recov-
ered in such action, after deducting the necessary charges in prosecuting the
same, shall be the property of the minor, and shall be applied and appropri-
ated to his use by the person who shall recover the same, and shall be paid to
the minor, if a male, at the age of twenty-one years, and if a female, at the age
of eighteen years. If such action is not brought during the minority of such ap-
prentice, it may be commenced in his own name at any time within six months
after coming of age, but not later than two years.
Action against apprentice for neglect, misdemeanor, etc.

Sec. 16. An apprentice Avho shall be guilty of any gross misbehavior, or re-
fusal to do his duty, or willful neglect thereof, shall render hiniself liable to
the complaint of the master in the county court of the county wherein he re-
sides, which complaint shall set forth the circumstances of the case; and to said
complaint shall be attached a citation, signed b}' the clerk in said court, requir-
ing the apprentice and all persons who have covenanted in his behalf, to
appear and answer to such complaint, which complaint and citation shall be
served on them in the usual manner of serving civil process.
Court may dissolve apprenticeship.

Sec. 17. The court shall proceed to hear and determine the cause, and after
a full hearing of the parties, or if the adverse party shall neglect to appear
after due notice, the coui-t may render judgment or decree that the master be
discharged from the contract of apprenticeship, and for the costs of. suit; srvch
costs to be recovered of the parent or guardian of the minor, if there be any
who signed the indenture, and execution therefor issued accordingly; and if
there be no parent or guardian liable for such costs, execution may be issued
therefor against the minor, or the amount thereof may be recovered in an action
against him after he shall arrive at full age.
Liability of parties to indenture.

Sec. 18. The parties to an indenture shall also be liable to the master in an
action on the indenture, for the breach of any covenant on their part therein
contained, committed before the master was so discharged from such indenture.

Misdemeanor.

Sec. 19. It shall be unlawful for any person to entice, counsel, or persuade
to run away any apprentice, or employ, harbor, or conceal such, knowing said
apprentice to be a runaway; and the parties so offending shall be guilty of a
misdemeanor, and be subject to fine of not less than fifty and not mure than
one hundred dollars, to be recovered by the master in any court having juris-
diction thereof.
Wlten master removes from this state.

Sec 20. Whenever any master of an apprentice shall wish to remove out of
this state, or to quit his trade or business, he shall appear with his apju-entiee
before the county court of the proper county, and if the court be satisfied that
the master has done justice to the said apprentice, for the time he has had
charge of the same, such court shall have power to discharge such apprentice
from the service of such master, and again bind him, if necessary, to some
other jDerson.

Sec 21. All acts and parts of acts in conflict with the provisions of this act

are "hereby repealed.

Sec 22. This act shall take effect and be in force from and after its passage.

607

0283-52S4 CH'IL CODE.

F^HT IV.

COEPOEATIONS.

Title I. General Provisions Applicable to all Corporations... 5283

II. Insurance Corporations 5414

III. Eailroad Corporations 5454

IV. Street Railroad Corporations 5497

V. Wagon Eoad Corporations 5512

VI. Bridge, Ferry, Wharf, Chute, and Pier Corporations 5528

VII. Telegraph Corporations 5536

\ill. Water and Canal Corporations 5548

IX. Homestead Corporations 5557

X. Sayings and Loan Corporations 5571

XI. Mining Corporations 5584

XII. Eeligious, Social and Benevolent Corporations 5593

XIII. Cemetery Corporations 5608

XIV. Agricultural Fair Corporations 5620

XV. Gas Corporations 5628

XVI. Land and Building Corporations 5639

TITLE I.

(Ccncral ProubioHO opijlicable to all (Torpomtion^.

Chapter I. Formation of CoKPOR.vnoxs 5283

II. CoRPOR.\TE Stock 5322

III. Corporate Powers 5354

IV. Extension and Dissolution of Corporations 5399

CHAPTEE L

formation of corporations.

AnncLK I. CoRpoKATioNS Definkd and how Oeoanized 5283

II. ]iY-LAWS, DiKKCTOJiS, ElKCTIONS, AND MEETINGS 5301

ARTICLE I.

corporations defined and how organized.

5283. (^'orporalion drfmed.

Sec. 2H:}. A corporation is a creahire of the law, having certain powers and
duties of a natural person. Being created by the law, it may continue for any
length of time which the law prescribes.

5284. Cor] /oral ions, j/nJilic and private distinguished.

Sec. 284. Corporations are either public or private. Public corporations are
formed or oi'ganized for the government of a portion of the state; all other cor-
jjorations are private. \ Amendment, approved 3Iarch 30, 1874; Amendments
1873-4, 197; took ej/l'cl July 1, 1874.^"'

(a) The original spctlon, InFtoad of " b11 olhor cor- tions arc formed for the purpose of religion, benevo-
poratlone are private," bad the wordb " jirl vute corpora- leuce, education, art, literature or profit,"

G08

CORPORATIONS— GENERAL PROVISIONS. 5285-52S8

5285. Private corporation!^, hoio formed.

Sec. 285. Private corporations may be formed by the vohuitary association
of any five or more persons, in the manner prescribed in this article. A major-
ity of such persons must be residents of this state. [Amendment, approved March
30, 1874; Amendments 1873-4, 197; took ejj'ccl July 1, 1874.""

5286. Corporations may be formed for any lanful purpose.

Sec. 286. Private corj)orations may be formed for any purpose for uhidi in-
dividuals may lawfully associate themselves. [Amendment, approred Marvh 30,
1874; Amendments 1873-4, 198; took ej/'ect July 1, 1874.'''>

5287. Continuance of existence un der j^rovisions of code.

Sec. 287. Any corporation existing on the first day of Januaiy, one thousand
eight hundred and seventy-three, formed under the laws of this state, and still
existing, which has not already elected to continue its existence, under the j^ro-
visions of this code applicable thereto, may, at any time hereafter, make such
election by the unanimous vote of all of its directors, or such election may be
made at any annual meeting of the stockholders or members, or at any meeting
called by the directors expressly for considering the subject, if voted by stock-
holders representing a majority of the capital stock, or by a majority of the
members, or may be made by the directors upon the written consent of that
number of such stockholders or members. A certificate of the action of the
directors, signed by them and their secretary, when the election is made by
their unanimous vote, or ujion the written consent of the stockholders or mem-
bers, or a certificate of the proceedings of the meeting of the stockholders or
members, when such election is made at any such meeting, signed by the chair-
man and secretary of the meeting, and a majority of the directors, must be filed
in the office of the clerk of the county where the original articles of corpora-
tion are filed, and a certified copy thereof must be filed in the office of the sec-
retary of state; and thereafter the corj)oration shall continue its existence under
the provisions of this code which are ai^plicable thereto, and shall possess all
the rights and powders, and be subject to all 1;he obligations, restrictions, and
limitations prescribed thereby. {Amendment, approved March 30, 1874; Amend-
ments 1873-4, 198; took effect July 1, 1874.<'='

5288. Existing corpoi^alions not affected.

Sec. 288. No corporation formed or existing before twelve o'clock, noon, of
the day upon which this code takes effect, is affected by the provisions of Part
IV of Division First of this code, unless svich corporation elects to continue its
existence under it as provided in section 287; but the laws under which such
corporations were formed and exist are applicable to all such corj^orations, and
are repealed, subject to the provisions of this section.

{a) The original section after " five or more persons " paper for two weeks, or a weekly newspaper for four

had the wordB " for the purposes and." It had an addi- weeks, successively, published in the county where the

tional clause at the end as follows: principal place of business of the corporation is. In

"Married women may become corporators, officers lieu of the publiciiticm. personal notice may be given

and members of religious, benevolent, art, literary or to each member or stockholder thereof;

educational corporations." 2. Two thirds of the members, if there is no capit«l

(b) The original section provided that private cor- stock, and if there is a capital stock, then stockholders
poratiouB might be formed for certain speciticd pur- representing two thirds of it, must vote iu favor of
poses and none other. It designated such purposes in such continuance;

twenty-sfevtn su I divisions. They are here omitted on 3. A copy of the proceedings of this meeting giving

account of their lergth the names of all persons present, tlie votes tiiken, the

(c) Original section: notice calling the met ting, and the proof of its publi-
Seo. 28t'. Any existing corporation formed under any cation or service, all duly certitied by the president

law of this state, for any purpose designated in any sub- and secretary of the corporation, "'"st be filed iu the
division of the precedii-g section, may, at a meeting of offices of the secretary of state and clei k of tlie c<>unty
its .-Dembers or stockholders, cal ed for that purpose, where the articles of incorporation are on file There-
continue its existence, under Title I of this part, or un- after such corporation is possessed of all the rights
der the provisions of any subs quent title particularly and powers, and subject to al the obligations, re-
applicable thereto, as follows: strictions, and limitati.^ns provided in this part ap-
1. Public notice of such meeting, and of its object, plicable thereto, and its corporate existence is con-
must be given by publishing the same in a daily news- tinned.

39 609

5289-5294 CIYIL CODE.

5289. yame of instruvient creating corporation.

Sec. 289. The iustruiuent by wliicli a private corporation is formed is called
" articles of incorporation."

5290. Articles of incorporation, what to contain.

Sec. 290. Ai'ticles of incorporation must be prepared, setting forth:

1. The name of the corporation;

2. The purpose for which it is foi-med;

3. The place where its principal business is to be transacted;

4. The term for which it is. to exist, not exceeding fifty years;

5. The number of its directors or trustees, and the names and residences of
those who are apjiointed for the first year; provided, at any time during the
existence of the corporation, the number of the directors may be increased, in
corporations for profit, by a majority of the stockholders of the corporation, to
any number not exceeding eleven, who must be members of the corporation,
whereupon a ceiiificate stating the number of directors must be filed as pro-
vided for in section two hundred and ninety-six for the filing of the original
articles of incoi*poration ;

G. The amount cf its cajiital stock, and the number of shares into which it is
divided;

7. If there is a capital stock, the amount actually subscribed and by whom.
[Amendment, approved April 1, 1876; Amendments 1875-6, 70; took effect from
passage. ^"^

5291. Certain corporations to state further facts in articles.

Sec. 291. The articles of incorporation of any railroad, wagon road or tele-
graph organization must also state :

1. The kind of road or telegraph intended to be constructed;

2. The place from and to which it is intended to be run, and all the interme-
diate branches;

3. The estimated length of the road or telegraph line;

4. That at least ten per cent, of the cajiital stock subscribed has been paid in
to the treasurer of the intended corporation.

5292. Articles to be subscribed and acknowledged — number and qualification of

signers.
Sec. 292. The articles of incorporation must be subscribed hy five or more
persons, a majority of whom must be residents of this state, and acknowledged
by each before some officer authorized to take and certify' acknowledgments of
conveyances of real property. [Amendment, approved March 30, 1874; Amend-
?He7</«\873-4, 199; took effect July 1, 1874.^"'

5203. Prerequisite to filing articles.

Sec. 293. Eacli intended corporation named in section 291, before filing arti-
cles of incorporation, must have actually subscribed to its capital stock, for
each mile of the coiitenij)lated work, the following amounts, to wit:

1. Ojie thousand dollars per mile of railroad;

2. One hundred dollars per mile of telegraph lines;

3. Three hundred dolhirs per mile of wagon roads.
5294. Prerequisite to filing articles of corporations for profit.

Sfx;. 294. lioforo the articles of incorporation of any corporation referred to

(a) The original nertion did not havf the proviso or names and residences of such of them who are to serve

the Bc<oud scuteuce in tin- lilth siil'dlvinion; in other until the eli-itlon of such officers and tlicir qualiflca-

respects it was like tln' uiik ii<tiiic-nt in the text. tion; 0. If there be a capital stock, its aiuouut and the

It was provloiiBly auKiided, l)y act of .Manh 30, 1874; number of shares into which it is di\ided."
Amciiilnieiits lt)7:{-t, I'.t'.t, so as to have only six subdi- (b) Tiie orit;inal suction used the word " three" In-

visiniis. the tirst four bein^ the same as in the original stead of " a majority," and the word " grants " instead

and tlie lifth and i-ixth as fallows: of " conveyances."

" 5. Till: niunbor "f it* <liii i ti.i" it (niktiefi, and the

610

CORPORATIONS— GENERAL PROVISIONS. 5294-5299

in the preceding section are filed, there must be paid lor the benolit of the cor-
poration, to a treasurer elected by the subscribers, ten per cent, of the amount
subscribed.

5295. Oath of officer to subscription of stock and paymoU of tni per cent.

Sec. 295. Before the secretary of state issues to any such corporation a cer-
tificate of the filing of articles of incorporation, there must be filed in his office
an affidavit of the president, secretary, or treasurer named in (he articles, that
the required amount of the capital stock thereof has been actually subscribed,
and ten per cent, thereof actually paid to a treasurer for the benefit of the cor-
poration.

5296. Articles to be filed icith countij clerk and secretary of state.

Sec. 29G. Upon filing- the articles of incoi-poration in the office of the county
clerk of the county- in which the jorincipal business of the company is to be
transacted, and a copy thereof, certified by the county clerk, with the secretaiy
of state, and the affidavit mentioned in the last section, where such affidavit is
required, the secretary of state must issue to the corporation, over the great
seal of the state, a certificate that a copy of the articles, containing the required
statement of facts, has been filed in his office; and thereupon the persons sign-
ing the articles, and their associates and successors, 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 otherwise stated or in this code
otherwise sj)ecially provided. [Amendment, approved March 30, 1874; Amend-
ments 1873-4, 199; took effect July 1, 1874.^'''

5297. Certified copy of articles as pi' ima facie evidence.

Sec. 297. A coj)y of any articles of incorporation filed in pursuance of this
chapter, and certified by the secretary of state, must be received in all the
courts and other j)laces as prima facie evidence of the facts therein stated.
{Amendment, ajyproved March 30, 1874; Amendments 1873-4, 200; took effect
July 1, 1874.^^>

52£8. Who are members and who stockholders of corporation.

Sec. 298. The owners of shares in a coi'poration which has a cajjital stock
are called stockholders. If a corporation has no capital stock, the coiporators
and their successors are called members.

[Sec. 299 '"' was repealed by act aj^proved March 30, 1874; Amendments
1873-4, 200; took effect July 1, 1874. Afterwards, a new section 299 was
adopted and added to the code, as follows:]

5299. Coi'poration to file articles in county n-liere it holds property.

Sec 299. No corporation hereafter formed under the jnovisions of this chap-
ter shall purchase, locate, or hold property in any county of this state, without
filing a certified copy of the certificate of its articles of incorporation in the
office of the county clerk of the county in which such j^roperty is situated,
within sixty daj's after such purchase or location is made, and every corporation
now in existence must, within ninety days after the passage of this act, file a
certified copy of the certificate of its articles of incorjioratiou as provideil in
this section, and a certified copy of such copy shall, as evidence, have the same
force and effect as a certified copy of the original. Any corporation failing to

(o) Orioinal section: a body politic and corporate, by tlip name stated in the

Sec. 29(i! Upon the tiling of the articles of incorpora- cei-titicate, aiid for the term of lifty years, luiliss it is

tion iu the office of ihe county clerk of the county in in the articles of incorporation otlierwise stated, or in

which the business of the company is to be trans- this part otherwise specially provided.

acted, and a copy thereof with the secretai-y of state, (h) The original section had the word " primary •'

the secretary of state must issue to the corpocation, instead of " prima facie."

over the great seal of the state, a certificate tjat such (c) Hepealed section:

articks, containing the required statement of facts, Sec. 'JUK. If a member of a corporation dies, resigns.

have been tiled in his office; and thereafter the persons or is removed, a m jority ot the remamiug members

signing the same, and their associates and assigns, are may elect another in his place.

611

J 300. Every corporation that has been or may be created
under the general laws of this State, doing a baniiing business
therein, and which has no capital stocic, may elect to have a
capital stock, and may issue certificates of stock therefor in
the s;.me manner as corporations formed under the provisions
of Clapter One, Article One, of the Civil Code, relating to the
formation of corporations ; pruriJed, that no such cor[)oration
shall ise or convert any moneys or funds theretofore belonging
to it o- under its control into capital stock, but such funds or
money, must beheld and managed oidy for the purposes and in
the mamer for which they were created. Before such change is
made, majority of the members of such corporation present
at a meting called for the purpose of considering the proposi-
tion wk'ther it is best to have a capital stock, its amount, and
the nuiber of shares into whicli it shall be divided, must vote
in favo of having a capital stock, fix the amount thereof, and
the uuiber of shares into which it shall be divided. Notice of
the tin> and place of holding such meeting and its object must
be givt by the Tresident of such corporation by publication
in som.newspaper printed and published in the county, or city
and eonty, in winch the principal place of business of the cor-
poratio is situated, at least once a week for three successive
weeks -ior to the holding of the meeting. A copy of the pro-
ceedin; of this meeting, giving the number of persons present,
the vos taken, the notice calling the meeting, the proof of its
publicion, the amoinit of capital actually subscribed, and by
whom.ll duly certified by the President and Secretary of the
eorpotion, must be filed in the offices of the Secretary of
State d Clerk of the county where the articles of incorporation
are fiK Thereafter such corporation is posses.sed of all the
rights id powers, and is subject to all the obligations, restric-
tions, d limitations, as if it had been oriiiinally created with
a capi stock. And provided, further, tirat no bank in this
State ill ever pay any dividend ujion so-called guaranty notes,
uor up any stock except upon the amount actually paid in
monefltosaid capital upon such stock, and anv payment made
in violon of this provision shall render all officers and direct-
ors canting to the same, jointly and severally liable to th
depos-s to the extent thereof.

t maintain or defend any
New section, approved April
usage.

MEETINGS.

[tie must, witliin one montli
E by-laws for its goverument
this state. Tlie assent of
scribed capital stock, or of a
ck, is necessary to adopt by-
at purpose; and in the event
blie same by advertisement in
\e principal place of business
. therein, then in a paper pub-
rder of the acting- president,
f the stock, or of two thirds
[ be effectual to adopt a code
Amendment, approved March
1, 1874.'''>

be elected annually by the

[In effect Mav _28tji, 1S78.]
stockholders or members, and if no provision is made in the by-laws for the
time of election, the election must be held on the first Tuesday in June. Notice
of such election must be giyen, and the right to vote determined as prescribed
in section 301.

5303. By-larcs, for v:lmt may provide.

Sec. 303. A corporation may, by its bj'-laws, where no other jDrovision is
specialh' made, provide for:

1. The time, place, and manner of calling and conducting its meetings;

2. The nuujber of stockholders or members constituting a quorum;

3. The mode of voting by proxy;

4. The time of the annual election for directors, and the mode and manner of
giving notice thereof;

'). The compensation and duties of officers;

0. The manner of election and the tenure of office of all officers other than
the directors; and

7. Suitable penalties for violations of by-laws, not exceeding, in any case,
one hundred dollars for any one offense. [Amendmeiit, approced 3Iarc}i 30,
1871; Awnidnimfs 1873-4, 20; took effect July 2, 1874. <">

S»c. .',01. Kv<ry <ori«iratlon formed under this title
iiiuht, fit a 111! (fthiK <il ItK Htookholders or incnjljirs, to
1)1 lifld within oin iii-.ntlj nfier tiling arti'les of in-
i<)ri»>riit)"ii. ii.lfii-t a code ..f by-liiwH for Its govf-rn-
ni« ul not iiiroiinhtciit with tbe •onPlitutiou and Iuwh
of tliiH i-ti.tc. Notlie of KiK-l) nKflliiK. by order of the

('>) Orifednal section :

Sec. 3n:j. A corponition may, by its by-laws, ■whrre
no other provisiou is Hiieeiiilly made, provide: 1. The
time, place, and manner of calling and couduiting
their meetings; ;•. The number of fctoililiolders or
nieiiiljerB, or the quantity of Btock coi/Btituting a quo-
rnni ; 3. The number of gliares which entitles the stock-

n.tiiig i.refcideiit, sperlfylnu its "d.ji.t. iiiunt be pub- holders respectively to one or more votes: 4. The mode
liHh.-,| two week)- In Konie newsi.npei- i.ubliHhed in the of voting by proxy; 5. The time and place of the an
county where the meeting 1h to be h< Id; or if none l8 . - ■ • ^ ■^

I.uldi^bed 111" rein, then In n piiiier].ublish<-.l in an ad-
joining i-ounty. In the adoption of the by-laws, each
rtockholder hns i.s loriny v< tes as he holils shiires of
htock: If tliere Is rjo cai)ifHl stork, each nii uibrr has
one vote. A majority of all the siibscrlbeil eaplt.il
stock, or of the memberH, If there Is no cai>ltal stock,
is oece.sHary to adopt the by-laws, or any one ol them.

nual election for directors, and the mode and manner
of giving notice thereof; 0. The mode of selling shares
for the non-payment of assessmeutB or installments;
7. The i-onipensatiou and <iutie8 of olficern; 8. The
tenureof office of subordinate officers; and. 9. Suitable
penalties for viidations of by-laws, not exceeding, in
any case, one hundred dollars for any one offense.

612

CORPORATIONS-GENERAL PROVISIONS. 53UI-o:iUG

5304. By-laws to be recorded m "Book of Bij-laws."

Sec. 304. All by-laws adopted must be certified by a iniijority of tlic diicct«jiK
and secretary of the cori)oraiioii, and copied in a legible liiiud in some book
kept in the office of tlie corporation, to be known as the " Book of By-laws,"
and no by-law shall take effect until so copied, and the book shall theu'beoijeu
to the inspection of the public during office hours of each day except holidays.
The by-laws may be repealed or amended, or new by-laws may be adoi)tcd, at
the annual meeting, or at any other meeting of the stockholders or nienibcrs
called for that purpose by the directors, by a vote representing two thirds of
the subscriber's stock, or by two thirds of the members, or the power to repeal
and amend the by-laws, and adopt new by-laws, may, by a similar vote at any
such meeting, be delegated to the board of du-ectors. The power when dele-
gated may be revoked by a similar vote at any regular meeting of the stock-
holders or members. AVhenever any amendment or new by-law is adopted, it
shall be copied in the book of by-laws with the original by-laws, and immedi-
atel}^ after them, and shall not take effect until so copied. If any by-law lie
repealed, the fact of repeal, with the date of the meeting at which the repeal
was enacted shall be stated, in the said book, and until so stated, the repeal
shall not take effect. [Amendment, cqyproved Alarch 30, 1874; Amendments
1873-4, 201.^=^^

5305. How many and. who to be direetors.

Sec. 305. The corporate powers, business, and property of all corporations
formed under this title must be exercised, conducted and controlled by a board
of not less than five nor more than eleven directors, to be elected from among
the holders of stock; or where there is no capital stock, then from the members
of such corporations; except that corporations formed, or to be formed, for the
purpose of erecting and managing halls and buildings for the meetings and
accommodation of several lodges or societies of any benevolent or charitable
order or organization, and in connection therewith the leasing of stores and
offices in such building or buildings for other purposes, the corjiorate jiowers,
business and projDerty thereof may be conducted, exercised, and controlled by
a board of not less than five nor more than fifty directors, to be chosen from
among the stockholders of such cori)oration or from among the members of such
order or organization. A majority of the directors must be in all cases citizens
of this state. Directors of corporations for profit must be holders of stock
therein in an amount to be fixed by the by-laws of the corporation. Directors
of all other corporations must be members thereof. Unless a quorum is present
and acting no business performed or act done is valid as against the corpora-
tion. Whenever a vacancy occurs in the office of director, unless the by-laws
of the corporation otherwise provide, such vacancy must be filled by an ap-
pointee of the board. [Ameiidment, approved January 20, 1876; Amendments
1875-6, 71; took effect from passage. ^"^

5306. Directors to be elected at first meeting.

Sec. 306. At the first meeting at which the by-laws are adopted, or at such

(a) Original section: erty of all corporalious fonuc.l uu.ler tliif title miist be

Sec. 3
the oflic

iu the :

pal phii

by-laws thus adopted must not be altered or ainended, sueh loiijoratiou A inajoruj- oi lu.- «..c. i...- .....rw ..„

except at a special meetiu- of the stockholders cr citizeus of this st:tte. /^'rt^^tore of corporations for

members, to be called by the directors for that purpose, profit must be holders of stock therein in »"»"'«""'* »«'

recorded in the same manner as the orig ^j ■ -- -^-- - . >,.«;„„ „h,o^«-<q.. ..rr^

J unless the by-laws of the corjioratiou otherwls- pro-

{b) Original section: ■^i^l^^- ^'•"''i vacancy must be filled by an appointee of

Sec. 3u5. The corporate powers, business, and prop- the board.

613

5306-5310 CIYIi. CODE.

subsequent meeting as may be tlieu designated, directors must be elected, to
bold their offices for one year, and until their successors are elected and quali-
fied. [Amendmrid, approved March 30, 1874; Amendmenls 1873-4, 202; look
effect July 1, 1874/"'
j 307. All elections must be by ballot, and every stock-
holder shall have the right to vote in person or by proxv the lllf 1 r+ fii
number of shares standing: in liis name, as provided iu section DallOt, and a VOte OI StOCK-
three hundred and twelve of this Code, for as many persons as capital stock, or of a majority
there are director8 to be eleete.l, or to cumulate said shares and ^ ^^ capital stock in the COr-
give one candidate as manv votes as the number of directors ^

multiplied by the number of his shares of stock shall equal, or for each share held by him at

to distribute them on the same principle among as many can- er meetings of stockholders,

didates as he shall think fit. In corporations having no capital , -i nr-o * on9. i h fF t

stock, each member of the corporation may cast as many votes entS, 10(0-4:, L\}A', tOOlC effect
for one director as there are directors to be elected, or may dis-
tribute the same among any or all of the candidates. In either
case, the directors receiving the highest number of votes shall

be declared elected. [In ettect, April 2, 1878.] ^ directors must organize by

the election of a president, who must be one of their number, a secretary', and
treasurer. They must perform the duties enjoined on them by law and the
by-laws of the corporation. A majority of the directors is a sufficient number
to form a board for the transaction of business, and every decision of a ma-
jority of the directors forming such board, made when duly assembled, is valid
as a corporate act.

5309. Dividends to he made from su7'plus profits.

Sec 309. The directors of corjDorations must not make dividends, excejjt from
the surplus profits arising from the business thereof; nor must they divide,
withdraw, or pay to the stockholders, or any of them, any Y>^ri of the capital
stock; nor must they create debts beyond their siibscribed capital stock, or
reduce or increase the capital stock, except as hereinafter si^ecially provided.
For a violation of the provisions of this section, the directors under whose
administration the same may have happened (except those who may have caused
their dissent therefrom to be entered at large on the minutes of the directors at
the time, or Avere not present when the same did happen), are, in their indi-
vidual and private capacity, jointly and severally liable to the cor^Doration, and
to the creditors thereof, in the event of its dissolution, to the full amount of
the capital stock so divided, withdrawn, paid out, or reduced, or debt con-
tracted; and no statute of limitations is a bar to any suit against such directors
for any sums for which they are made liable b}' this section. There may, how-
ever, be a division and distribution of the capital stock of any corporation which
remains after the payment of all its debts, upon its dissolution, or the expira-
tion of its term of existence.

5310. Removal from office of directors, etc.

Sfx'. 310. No director shall be removed from office, unless 'by a vote of two
thirds of the members, or of stockholders holding two thirds of the capital
stock, at a general meeting held after previous notice of the time and place, and
of the intention to propose such removal.' Meetings of stockholders for this
puri)ose may be called by the president, or by a majority of the directors, or by
members or stockholders holding at least one half of the votes. Such calls
must Ije in writing, and addressed to the secretary, who must thereupon give
noti(re of the time, place, and object of the meeting, and by whose order it is
called. If the secretary refuse to give the notice, or if there is none, the call

(«) Ori(finalsr-cti(.n: (6) Original section:

>r.<-. :«)!,. M th<- first meeting raHefl. ns rood as the Sec. 3U7. All elections must be by ballot, and unless

by-IawH are aflojited, uiilr hk it in imjvided that theoffl- otherwise prescribed by the by-laws, a majority of the

f< PK UHiix-d in the artideK of incorporation shall con- subscribed capital stock or of the members is ueces-

tinu<- until n < crtaiii other date, directors must be sary to a choice.

elect.-d, B majority i>i the subscriljed capital stock, or
of the jiieiiibers, being necessary to a choice

G14

CORPORATIONS— GENERAL PROVISIONS. 5310-o315

may be addressed directly to the members or stockholders, and be sen-ed as a
notice, in which case it must specify the time and place of meeting. The notice
must be given in the manner provided in section 301 of this title, unless other
express provision has been made therefor in the by-laws. lu case of removal,
the vacancy may be filled by election at the same meeting.

5311. Justice of peace viay order meeting, when.

Sec. 311. Whenever, from any cause, there is no person authorized to call or
to preside at a meeting of a corporation, any justice of the peace of the county
where such corporation is established, may, on written application of three or
more of the stockholders or of the members thereof, issue a warrant to one of
the stockholders or members, directing him to call a meeting of the corpora-
tion, by giving the notice required, and the justice may in the same warrant
direct such person to jDreside at such meeting until a clerk is chosen and
qualified, if there is no other ofiicer present legally authorized to preside
thereat.

5312. Majority of stock must be represented, and majority vote at elections.

Sec. 312. At all elections or votes had for any purpose there must be a
Tnaioviiv of the subscribed capital stock, or of the members, represented, either

at^iui,' ■^'"'''^ ''"^iTead "at thp ;ncto„ c ^ ■" acting therein, in person or

* 0 e°'''7A3L': .t'"- ^"l-^ ^i- S' «! elt" :. : -* l^ereof or a boLa fide .lock-

least ten clays pui^x ^^ ._ r election had other than in

accordance with the provisions of this article is voidable at the instance of ab-
sent stockholders or members, and may be set aside by petition to the district
court of the county where the same was held. Any regular or called meeting
of the stockholders or members may adjourn from day to day, or from time to
time, if for any reason there is not present a majority of the subscribed stock
or members, or no election or majority vote had — such adjournment and the
reasons thereof being recorded in the journal of proceedings of the board of
directors.

5313. Stock of minors, insane, or deceased, hoio represented.

Sec. 313. The shares of stock of an estate of a minor, or insane person, may
be represented by his guardian, and of a deceased person by his executor or
administrator. [Amendment, apjpjroved Ilarch 30, 187-1; Amendments 1873-4, 203;
took effect July 1, 1874.'^'

5314. Election may he jjostponed.

Sec. 314. If from any cause an election does not take place on the day ap-
pointed in the by-laws, it may be held on any day thereafter as is provided for
in such by-laws, or to which such election may be adjourned or ordered by the
directors. If an election has not been held at the appointed time, and no ad-
journed or other meeting for the purpose has been ordered by the directors, a
Tr.o^+i,-,r>. winv hfi called bv the stockholders, as provided in section 310 of this

§ 315, Upon the application of any person or body cor-
I porate aggrieved by any election held by any corporate body,

I the District Court of the district in which such election is held yarding elections.

j must proceed forthwith to hear the allegations and proofs of . 'body coriiorate a""grieved by
i the parties, or otherwise inquire into the matters of complaint, ,. ,■■ °"/. ,-> -i •

' and thereupon confirm the election, order a new one, or direct proceedings tnereoi, tne Clis-

such other relief in the premises as accords with right and ; held must proceed forthwith

' i"pSf.^' ^^'"^^7'"•'^ f"' ^,^?^''«"' «'"^ ^I'^fo'"^ '^".J further pro- ^^ parties, or otherwise in-

ceedmgs are had under this section, five davs' noUce of the '■ '

hearing must be given, under the direction of the Court, or the a confirm the election, order

I Judge thereof, to the adverse party or those to be affected
thereby. [In effect, April 1, 1878.] ^^^^.^„^ ^, ^^^ corporation by the legal

es of the person holding the same.

615

5315-5321 CIVIL CODE.

a new one, or dii-ect sucli otLer relief in tlie premises as accords with right and
justice. Before any proceedings are had under this section, five days' notice
thereof must be given to the adverse party, or those to be affected thereby.

5316. Officers liable for false cerlificales, reports or notices.

Sec. 316. Any officer of a corporation who willfully gives a certificate, or
willfully makes an official report, public notice, or entry in any of the records
or books of the corporation, concerning the corporation or its business, which
is false in any material representation, shall be liable for all the damages re-
sulting therefrom to any person injured thereby; and if two or more officers
unite or participate in the commission of any of the acts herein designated,
they shall be jointly and severally liable. [Amendment, approved March 30,
187-4; Amendments 1873-4; 203; took effect Juhj 1, 1874.^'''

5317. Meeting by consent to be valid.

Sec. 317. When all the stockholders or members of a corporation are present
at any meeting, however called or notified, and sign a written consent thereto
on the record of such meeting, the doings of such meeting are as valid as if had
at a meeting legally called and noticed.

5318. Proceedings at meeting to be binding.

Sec. 318. The stockholders or members of such corporation, when so assem-
bled, may elect officers to fill all vacancies then existing, and maj' act upon
such other business as might lawfully be transacted at regular meetings of the
coi*poration.

5319. Meetings, ivJiere held.

Sec. 319. The meetings of the stockholders and board of directors of a corpo-
ration must be held at its office or principal place of business.

5320. When no provision in by-laws for regular meetings, special meetings, hoio

called.

Sec. 320. When no provision is made in the by-laws for regular meetings of

the directors and the mode of calling special meetings, all meetings must be

called b}' special notice in writing, to be given to each director by the secretary,

on the order of the president, or if there be none, on the order of two directors.

5321. Book and notice of directors and stockholders of banks.

Sec 321. Every corporation doing a banking business in this state, must keep
in its office, in a place accessible to the stockholders, depositors, and creditors
thereof, and for their use, a book containing a list of all stockholders in such
corporation, and the number of shares of stock held by each; and eveiy such
corporation must keep posted in its office, in a conspicuous place, accessible to
the public generally, a notice signed by the president or secretary, showing:

1. The names of the directors of such corporation;

2. The numl^er and value of shares of stock held by each director. The
entries on such book and such notice shall be made and posted within twei^,ty-
four hours after any transfer of stock, and shall be conclusive evidence against
eadi director and stockholder of the number of shares of stock held by each.
Tlie provisions of this section shall apply to all banking corporations formed or
existing before twelve o'clock noon of the day on which this code took effect,
as well us to tliose formed after such time. [Neiv section, approved January 29,
187G; Amendments 187o-G, 72; took effect sixtirtJi day after passage.

la) Original fWTtlon: or had fuU opportunity to know the same to be false,
Sec. 310. Any >.m(<T of « rorpnratlon wlm iiiakt-s or in liable for all the debts of the corijoratiou con-
given a .•<-itili.«ti-. omcittl rep..rt. public- notice, or traeted while he was a stockholder or officer tlK-n-of;
enlrj- iu any of the re.-onlH or bookH of the <-r)rporn- and if more than on.; violate the provisions of tliis
lion. roiircrnlnK the eon.oration oritn biihini i^h, which B<-ctioa iu concert, they are jointly and severally lia-
is falbe iu any material rcpreiieutatiou, and viLo knew ble.

G16

CORPORATIONS— GENERAL PROVISIONS. 5321

An Act conceiuiug corporations and porsojis enfjjiged in tlie busiucKH of Ijaiiking.
Approved April 1, 1H7C; 1875-C, 729.

Banks to piihlkh and record semi-anmial slalcmenfs.

Section 1. Every corporation and all persous and every person hereafter doiii;^'
a banking- business in this state shall, in January and July of every year, i)iil)-
lish in at least one newsj^aper published in the county in which the ])riiK-ijial
office of such corporation may be situated, or in which said persons or person
may reside, and also file for record, in the recorder's office of said county, a
sworn statement, verified, in the case of any such corporation, by its i)resident
or manager, and by its secretary or cashier, and in the case of any such indi-
vidual or individuals, by him or them, of the amount of ca])ital actually \m'u\
into such corporation, or into such banking business; provided, that nothing
shall be deemed capital actually paid in except money bona tide paid into the
treasuiy of such bank, and under no circumstances shall the promisson' note,
check, or other obligation of any director or stockholder, or of the proprietors
or proiDrietor of any such bank, be treated, computed, or in any manner con-
sidered any part of such actually paid in capital. If no newspaper of general
circulation be published in the aforementioned county, then and in that case
such publication of said statement shall be made in at least one newspaper of
general circulation published in the city and county of San Francisco, and in
one newspaper of general circulation published in the city and county of Sac-
ramento.
Assets and liabilities to he described.

Sec. 2. Every corporation and all persons and every person hereafter doing
a banking business in this state shall likewise publish in such newspaper or
newspapers, and shall also file for record, in thfe recorder's office of said county,
in January and July of each year, a like sworn statement of the actual condi-
tion and value of its assets and liabilities, and where said assets are situated.
Liability for making false statement.

Sec. 3. The directors of every such corporation which shall publish or file for
record, as aforesaid, a false statement of the amount of capital actually and
bona fide paid into such corporation, or a false statement of the actual condi-
tion and value of its assets and liabilities, or as to where said assets are situated,
\shall be jointly and severally liable to any person thereafter deaKng with such
sorporation to the full extent of such dealing; and no corporation, and no per-
V)n or persons who fail to comply with the provisions or any of the provisions
\ this law, shall maintain or prosecute any action or proceeding in any of the
c\irts of this state until they shall have first duly filed the statements herein
piVided for, and in all other respects complied with the provisions of this law;
no^sliall any assignee or assignees of any such coi-jioration or person whose
assinnient shall be made subsequent to any such failure to comi)ly with the
pro^ions of this law, maintain any action or proceeding in any court of this
state^ntil his or their assignor or assignors shall have first duly complied with
the pivisions of this law.

Foreici\f)ayiking corporations.

Sec. Where any of such banking corporations shall be foreign, the state-
ments lieinbef ore provided for shall be verified by the agent or manager of the
business^ gud^ corporation resident in this state, who shall be subject to the
same liabtigg herein provided as against directors of any such banking cor-
poration, \4 also as against every such bank officer.
Recorder tk^p records.

Sec. 5. T^\ recorder of each county of this state shall keep two sets of well-
bound book!^^!- the record of the sworn statements herein provided fur,
\ 617

5321-5322 CIVIL CODE.

respectively, one of which sets of books shall be labeled "Statements of Bank-
ing Capital," and the other, " Statements of Banking Assets," and said recorder
shall, upon the payment of his fees for the same, record separately said respec-
tive sworn statements in its appropriate book, and shall keep a separate index
of each of said sets of books. Said original sworn statements need not be
acknowledged in order to be recorded as aforesaid, but must be verified as afore-
said before some judge or officer of this state authorized to take affidavits to be
used before any coui't in this state, and shall always remain and be kept on
file in the office of said recorder.

Fees of recorder.

Sec. 6. The recorder of eveiy county in this state shall receive, for recording
any of the sworn statements herein provided for, for eveiy folio, twenty-five
cents; and for noting on any such sworn statement the time when and the
place where recorded, twenty -five cents; and for certified copies of such sworn
statements, to which any one paying for the same shall be entitled, twenty-five
cents per folio.

Sec. 7. This act shall take effect from and after its passage.

[After the j^assage of the above new section 321, the legislatiu'e joassed a
second new section 321 as follows:]

Change of principal place of business.

Sec. 321. Every corporation that has been or may be created under the gen-
eral laws of this state, may change its princii^al place of business from one
place to another in the same county, or from one city or county to another city
or county, within this state. Before such change is made, the consent in writing
of the holders of two thirds of the capital stock must be obtained and filed in
the office of the corporation. When such consent is obtained and filed, notice
of the intended removal or change must be published at least once a week for
three successive weeks in some newspaper published in the county wherein
said principal place of business is situated, if there is one published therein;
if not, in a newspaper of an adjoining county, gi\'ing the name of the county or
city where it is situated, and that to which it is intended to remove it. [New
section, approved April 3, 1876; Amendments 1875-6, 73; took effect immediately.

CHAPTER II.

CORPORATE STOCK.
AuTicLK I . Stock and Stockholdkhs '5-2

II. ASh>KSSMENT OF SxoCK 331

ARTICLE I.

STOCK AND STOCKHOLDERS.

5322. stockholders liable fur debts.

Sec 322. Each stockholder of a corporation is individually and pP^iHlljL
liable for such pnj])ortion of its debts and liabilities as thie'amount of'^ock or
shares owned by him bears yi the whole of the subscribed capita'^tock or
shares of the coiixn-ation, and/for a like proportion only of^^each del^|[^.c|siin|

V^ainst the corporatjon.j Any creditor of the corporation may inptute joint
or severaTactions again/t any of its stockholders for the 2:)ro])Oi-tion ^^^ claim,
payable l)y each, and in such action the court must ascertain the ©portion of "^

, the claim or debt for which each defendant is liable,f^and_a sev'iLJl'jloiii^iiij
must be rendered against each, in conformity thereA\^itii.j If 0 ^stockholder /^
pays his proporfion of aiiy~clebt due from the Corpora ti<5n, inr'^'^^ Avhile he
was such stockholder, he is relieved from any further personal "'•^^^^^J ^©1* such
V .«..V •/-•^ CI 8

CORPOEATIOXS— GENERAL PROVISIONS. 5322-5324

debt; and if an action Las Leen Liouglit against hi la u])Oii siicli debt, it shall l»o
dismissed as to him, upon his payinjif the costs, or such proportion thfrcof u« ,
may be properly chargeable against him. The liability of each stcjcklmhlcr is ^
determined by the amount of stock or shares owned by him at the tiinc the debt
or liability was incurred; and such liability is not released by any subsequent
transfer of stock. The term stockholder, as used in this section, shall ujtply
not only to such persons as appear by the books of the corporation to be such,
but also to every equitable owner of stock, although the same appear on tho
books in the name of another, and also to every person who has advanced tho
installments or purchase-money of stock in the name of a minor, so long as tho
latter remains a minor; and also to everj'^ guardian or other trustee who volun-
tarily invests any trust funds in the stock. Trust funds in the hands of a
guardian or trustee shall not be liable under the provisions of this section by
reason of any such investment, nor shall the person for whose benefit the in-
vestment is made be responsible in respect to the stock, until he becomes com-
petent and able to control the same; but the responsibility of the guardian or
trustee making the investment shall continue until that i)eriod. Stock held as
collateral security, or by a trustee, or in any other representative capacity, does
not make the holder thereof a stockholder within the meaning of this section,
except in the cases above mentioned, so as to charge him with any proportion
of the debts or liabilities of the corporation; but the pledgor, or j^erson, or
estate represented, is to be deemed the stockholder as respects such lialnlit}'.
In corporations having no capital stock, each member is individvially and per-
sonally liable for his jDroi^ortion of its debts and liabilities, and similar actions
may be brought against him, either alone or jointly with other members, to
enforce such liability as by this section may be brought against one or more
stockholders, and similar judgments may be rendered. The liability of each
stockholder of a corporation formed under the laws of any other state or terri-
tory of the United States, or of any foreign country, and doing business within
this state, shall be the same as the liability of a stockholder of a corporation
created under the constitution and laws of this state. \Amendmetd , approved
March 15, 1876; Amendments 1875-6, 73; took effect sixtieth day after passage }•■

5323. Certificates, how and when issued.

Sec. 323. All corporations for profit must issue certificates for stock when
fully paid up, signed by the president and secretary, and may provide, in their
by-laws, for issuing certificates prior to the full payment, under such restrictions
and for such puri)oses as their by-laws may provide.

532.^. Transfer of shares. _

Sec 324. Whenever the capital stock of any corporation is di^aded into shares,
and certificates therefor are issued, such shares of stock are personal property
and maj be transferred by indorsement by the signature of the proprietor, or his
attorney or legal representative, and delivery of the certificate; but such trans-
fer is not valid, excei^t between the parties thereto, until the same is so entered
upon the bjoks of the corporation as to show the names of the parties by and to

(a) Original se»tion: given Beverally in conformity therewith If nny Fto-k.

Sec. 322. Each BX,okhoiaer or member of any corpo- ho'der or m.-mber of a coriioralion I'Hy* m*- 1 "^l 'J'''"'' °

ration is Beverany.mdividiially, and personally liable of any debt due by such corroratinn he is rele Bed and

for such proi5ortion vf all its debts and liabilities as the discharged from any furi her ludividual or 1"> ;"«»

amount of stock or glares owned by him in such cor- liability for such debt. Stock held as « ••';''"/;''"■

poration bears to tha^vhole of the subscribed capital rity, or by a trustee, or n. »'jy /l"'*'^. f '^''^;'^"' "' .' '

stock or shares ot the corporation, for the recovery <.f capacity, docs not make the ''''''1"^ »"";'' "'''''[^

which joint or severa. actions may be instituted and IcoUler.but the pledgor or person or estate represent, d

prosecuted: and in aujsuch action against any of the is the stockholder. .„,„„,i„j >,.. ,rt of M«r.-h

stockholders or members of a corporal ion. the court The section was previously amended »> '^ f'f ^«r h

mu^t ascertain and det^-mine the proportion of the 30. 1874; Amc"' wents ly..J-».20<. so as to re. d K. he

debt which is the subject of the suit for which each amendment in the text, ^''''l^^,'''"* ' J'';."''!.!i!' * \il

of the stockholders or me^ibers who are defendants in la>t sentence, coniiueucmg with the \xoraB lue ua-

the action are severally liable, and judgment must be bility of each stocklioiaer.

\ 619

5324-5332 CB^L CODE.

whom transferred, tlie number or designation of tlie shares, and the date of the
transfer.

5325. SJia7^es held by mat^ined women, etc.

Skc. 325. Shares of stock in corporations held or owned by a married woman
may be ti'ansferred by her, her agent or attorney, without the signature of her
husband, in the same manner as if such married woman were a femme sole.
All dividends payable upon any shares of stock of a corporation held by a mar-
ried woman may be paid to such married woman, her agent or attorney, in the
same manner as if she were unmarried, and it is not necessary for her husband
to join in a receipt therefor; and any proxy or power given by a married woman
touching any shares of stock of an}' corporation owned by her, is valid and
binding without the signature of her husband, the same as if she were unmar-
ried.

5326. Xon-1-esident stockholders.

Sec. 326. "When the shares of stock in a corporation are owned by parties
residing out of the state, the president, secretary or directors of the corpora-
tion, before entenng any transfer of the shares on its books, or issuing a certifi-
cate therefor, to the transferee, may rec[uire from the attorney or agent of the
non-resident owner, or from the person claiming under the transfer, an affidavit
or other evidence that the non-resident owner was alive at the date of the trans-
fer, and if such affidavit or other satisfactory evidence be not furnished, may
require from the attorney, agent or claimant, a bond of indemnity, with two
sureties, satisfactory to the officers of the corporation, or if not so satisfactory,
then one apjiroved by a district judge, or the county judge of the county in
which the princijjal office of the corporation is situated, conditioned to protect
the coi-poration against any liability to the legal rej^resentatives of the owner of
the shares, in case of his or her death before the transfer; and if such affidavit
or other evidence or bond be not furnished when required, as herein provided,
neither the corporation, nor any officer thereof, shall be liable for refusing to
enter the transfer on the books of the corporation. [Amendment, approved
March 30, 187tt; Amendments 1873-4, 205; took effect July 1, 1874.^'^^

AKTICLE II.

ASSESSMENTS OF STOCK.

5331. Directors may levy assessments.

Sec. 331. The directors of any corporation formed or existing under tb3 laws
of this state, after one fourth of its capital stock has been subscribed, nay, for
the purpose of paying expenses, conducting business, or paying debts, .evy and
collect assessments upon the subscribed capital stock thereof, in the manner
and form, and to the extent provided herein. [Amendment, approved Marcli 30,
1874; Amendments 1873-4, 200; took effect July 1, 1874.^''>

5332. Limitation of assessments.

Sec. 332. No one assessment must exceed ten per cent, of the amount of the

(a) Original Bcction: Ky to Uie legal representatives o Uie owner of such

Ke<--. .JiiC Jn all tranhffTH of (.hares of Ktork In corpo- stock, in case of his or her death jeforc surli transfer;

ratlon«,on hihalf of owneni residing <iut of the state, and in case of refusal to furuj'h such bonds upon

the president, i-ecretary, or diii-ctorH <pf such corpora- lefjuest, such transfer is uttery void as against the

tion, before entering such transfer on th-^ books of the corporation,

corporation or issuing the ci-itilicate tli< refor to tlio ('/) Original section:

transferee, must r. fjuire from sm-h attorii<y, or from Sko. :i:n. The directnrs of my corporation forined

the person claiming under such traiisfer, a bond of In- uud. r the laws of this state for the purpose of pay-

deninity, with two sureties, satisfactory to the oflicirs ing expenses, conducting biBiness, or paying debts,

of the corporation, or if not so satisfai tory, then ap- nniy levy and collect as.-eBnieuts upon the capital

proved by the district judge of the district in which s'ock thereof, in the niauutf and form and to the extent

the prln<:ipal office of the corp^iraflon is situated, con- provided herein,
ditioued to protect such coriJoration against any liabil-

G20

CORPORATIONS— GENERAL PROVISIONS. 5332-533G

capital stock named in the articles of incorporation, except in the cases in this
section otherwise provided for, as follows:

1. If the whole capital of a corporation has not been paid np, nnd llie (•r)rpo-
ration is unable to meet its liabilities or to satisfy the claims of its creditors, tho
assessment may be for the full amount unpaid upon the capital stock; or if a
less amount is sufticient, then it may be for such a percentage as will raise that
amount;

2. The directors of railroad corporations ma}- assess the capital stock in
installments of not more than ten per cent, per month, unless in the articles of
incorj:)oration it is otherwise provided;

8. The directors of fire or marine insurance corj^orations maj' assess such a
percentage of the capital stock as they deem proper.

5333. Levy of assessment.

Sec. 333. No assessment must be levied while any portion of a previous one
remains unpaid, unless:

1. The jjower of the corporation has been exercised in accordance with the
provisions of this article for the purpose of collecting such previous assessment;

2. The collection of the previous assessment has been enjoined; or,

3. The assessment falls within the provisions of either the first, second or
third subdivision of section 332.

5334. IVhat order shall contain.

Sec. 334. Every order levying an assessment must specify the amount thereof,
when, to whom, and where payable; fix a day, subsequent to the full tenn of
publication of the assessment notice, on which the unpaid assessments shall be
delinquent, not less than thirty nor more than sixt}' daj-s from the time of mak-
ing the order levying the assessment; and a day for the sale of delinquent
stock, not less than fifteen nor more than sixty days from the day the stock is
declared delinquent.

5335. Notice of assessment.

Sec. 335. Uj^on the making of the order, the secretary shall cause to be
published a notice thereof, in the following form :

(Name of corporation in full. Location of principal place of business.)
Notice is hereby given, that at a meeting of the directors, held on the (date), an
assessment of (amount) per share was levied upon the capital stock of tlie cor-
poration, payable (when, to whom, and where). Any stock upon which this
assessment shall remain unpaid on the (day fixed), will be delinquent and adver-
tised for sale at public auction, and, unless payment is made before, will be
sold on the (day appointed), to pay the delinquent assessment, together with
costs of advertising and expenses of sale.

(Signature of secretary, with location of ofiice.)

5336. Service and publication of notice.

Sec. 336. The notice must be personally served upon each stockholder, or,
in lieu of personal service, must be sent through the mail, addressed to each
stockholder at his place of residence, if known, and if not known, at the place
where the principal office of the corporation is situated, and be i)ublished once
a week, for four successive weeks, in some newspaper of general circulation
and devoted to the publication of general news, published at the place desig-
nated in the articles of incorporation as the principal place of business, and also
in some newspaper published in the county in which the works of the coi-pora-
tion are situated, if a paper be published therein. If the works of the coqiora-
tion are not within a state or territory of the United States, publication in a
paper of the place where they are situated is not necessary. If there be no
newspaper published at the place designated as the principal place of business

621

5336-5341 CIVIL CODE.

of the corporation, then the publication must be made in some other newspaper
of the county, if there be one, and if there be none, then in a newspaper pub-
lished in an adjoining county. \ Amendment, approved March 30, 1874; Amend-
menlH 1S73-4, 20G; took effect July 1, 1874.<-'>

5337. Delinquent notice.

{Sec. 337. If any portion of the assessment mentioned in the notice remains
unpaid on the day specified therein for declaring the stock delinquent, the sec-
retary must, unless otherwise ordered by the board of directors, cause to be
published in the same papers in which the notice hereinbefore provided for shall
have been jjublished, a notice substantially in the following form:

(Name in full. Location of principal place of business.) Notice. — There is
delinquent ujjon the following described stock, on account of assessm.ent levied
on the (date), (and assessments levied iDrevious thereto, if any), the several
amounts set opposite the names of the resj^ective shareholders, as follows:
(Names, number of certificate, number of shares, amount.) And in accordance
with law (and an order of the board of directors, made on the [date], if any
such order shall have been made), so many shares of each parcel of such stock
as may be necessary', will be sold, at the (particular place), on the (date), at (the
hour) of such day, to pa_y delinquent assessments thereon, together with costs
of advertising and expenses of the sale.

(Name of secretary, with location of office.)

5338. Contents of notice.

Sec. 338. The notice must specif}^ every certificate of stock, the number of
shares it represents, and the amount due thereon, except where certificates may
not have been issued to parties entitled thereto, in which case the number of
shares and amount due thereon, together with the fact that the certificates for
such shares have not been issued, must be stated.

5339. Publication of notice.

Sec 339. The notice when published in a daily paper, must be published for
ten days, excluding Sundays and holidays, previous to the da^' of sale. "When
published in a weekly paper, it must be ijublished in each issue for two weeks
previous to the day of sale. The first publication of all delinquent sales must
be at least fifteen days prior to the day of sale,

5340. Jurisdiction acquired, hoio.

Sec. 340. By the publication of the notice, the corporation acquires jurisdic-
tion to sell and convey a perfect title to all of the stock described in the notice
of sale upon which any portion of the assessment or costs of advertising re-
mains unpaid at the hour ajipointed for the sale, but must sell no more of such
stock than is necessary to pay the assessments due and costs of sale.

5341. Sale to be by ptuljUr auction.

Sec. 341. On the day, at the place, and at the time appointed in the notice
of sale, the seci-etary must, unless otherwise ordered by the directors, sell or
cause to be sold at public auction, to the highest bidder for cash, so many shares
of each i)arcel of the described stock as may be necessary to pay the assess-
ment and charges thereon, according to the terms of sale; if payment is made
before the time fixed for sale, the party paying is only requii-ed topaythe actual
cost of advertising, in addition to the assessment.

(a) OriglnHl Bcctlon: the place where situated is not necessary. If there is
Sec. :t-Ui. Tlic imtite must be published once each no newspaper pnblisUed at the. place deBifuatcd as the
week for four BU<.-i-<-HKlve wofkH. in Home daily or principal place of business of the corporation, then
•ttci'kly jMipcr ]inbliKh(-(l at the plm-e (lisi(,'nated in the the publication must bo made in the newspaper pub-
articles of incorporation as the i>rin<i]ial place of busi- lished in an adjoining county. The notice may be
n<ss, and also in some paper publisln-d in the county served by deliveriuf,' a copy thereof, certified by the
in \v)ii< h the w<.rkH of the corjiriration arc situated, if secretary, to each stockholdcer personally, and in case
a pajier is piiblished therein. If the works of t)ie cor- of such service upon all the stockholders of the cor-
poration are not situated within some state or territory poration, no notice by publication is necessary, but
of the United States, then publication iu a paper of such personal notice is sufficient,

G22

CORPOEATIONS— GENERAL PROVISIONS. 5342-5348

5342. Highest bidder to he the purchai<er.

Sec. 342. The person offering at such sale to pay the assessment ami costs
for the smallest number of shares or fraction of a share is the highest bidder,
and the stock purchased must be transferred to him on the stock buuks of the
corporation, on payment of the assessment and costs.

5343. la default of bidders, corporation may purehase.

Sec. 343. If, at the sale of stock, no bidder offers the amount of the assess-
ments and costs and charges due, the same may be bid in and purchased by tbe
corporation, through the secretary, president, or any director thereof, at the
amount of the assessments, costs, and charges due; and the amount of the
assessments, costs, and charges must be credited as paid in full on tlie books of
the corporation, and entry of the transfer of the stock to the corporation must
be made on the books thereof. While the stock remains the property of the
corporation it is not assessable, nor must any dividends be declared thereon;
but all assessments and dividends must be apportioned upon the stock held by
the stockholders of the corporation.

5344. Disposition of stock purchased bxj corporation.

Sec. 344. All purchases of its own stock made by any corporation vest the legal
title to the same in the corporation; and the stock so purchased is held subject
to the control of the stockholders, who may make such disposition of tlie same
as they deem fit, in accordance with the by-laws of the corporation or vote of a
majority of all the remaining shares. Whenever any portion of the capital stock
of a corporation is held by the corporation by purchase, a majority of the
remaining shares is a majority of the stock for all purposes of election or vot-
ing on any question at a stockholders' meeting.

5345. Extension of time of delinquent sale.

Sec. 345. The dates fixed in any notice of assessment or notice of delinquent
sale, published according to the provisions hereof, may be extended from time
to time for not more than thirty days, by order of the directors, entered on the
records of the corporation; but no order extending the time for the perform-
ance of any act specified in any notice is effectual unless notice of such exten-
sion or postponement is appended to and published with the notice to which
the order relates.

5346. Assessments shall not be invalidated.

Sec. 346. No assessment is invalidated by a failure to make publication of
the notices hereinbefore provided for, nor by the nonperformance of any act
required in order to enforce the payment of the same; but in case of any
substantial error or omission in the course of proceedings for collection, all
previous proceedings, except the levying of the assessment, are void, and pub-
lication must be begun anew.

5347. Action fur recoverij of stock and limitation thereof

Sec. 347. No action must be sustained to recover stock sold for delinquent
assessments, upon the ground of irregularity in the assessment, irregularity or
defect of the notice of sale, or defect or irregularity in the sale, unless the party
seeking to maintain such action first pays or tenders to the corporation, or the
party holding the stock sold, the sum for which the same was sold, together
with all subsequent assessments which may have been paid thereon and interest
on such sums from the time they were paid; and no such action must be sus-
tained unless the same is commenced by the filing of a complaint and the issu-
ing of a summons thereon within six months after such sale was made.

5348. Publication, how proved.

Sec. 348. The publication of notice required by this article, may be proved

G23

5348-5355 CR^IL CODE. .

bv the affitlavit of the printer, foreman, or principal clerk of the newspaper in
which the same was puUished; and the affidavit of the secretary or auctioneer is
prima facie evidence of the time and place of sale, of the quantity and particular
description of the stock sold, and to whom, and for what price, and of the fact
of the purchase-money being paid. The affidavits must be filed in the office of
the corporation, and copies of the same, certified by the secretary thereof, are
prima facie evidence of the facts therein stated. Certificates signed by the sec-
retary and under the seal of the corporation, are prima facie evidence of the
contents thereof. [Amendment , approved March 30, 1874; Amendments 1873-4,
207; took effect July 1, 1874.^="

5349. Waiver of sale — Action to recover assessment.

Sec. 349. On the day specified for declaring the stock delinquent, or at any
time subsec|uent thereto and before the sale of the delinquent stock, the board
of directors may elect to waive further proceedings under this chapter for the
collection of delinquent assessments, or any part or jjortion thereof, and may
elect to proceed by action to recover the amount of the assessment and the costs
and expenses already incurred, or any part or portion thereof.

CHAPTER III.

COKPORATE POWERS.

Abticlk I. Gkxkeal Powers 3354

II. RixoRDs 5377

III. Examination of Corporation 5382

IV. Judgment against and Sale of Coepoeate Peopektt 5388

ARTICLE I.

GENERAL POWERS.

5354. Poicers of corporations.

Sec. 354. Every corporation, as such, has power:

1. Of succession, by its corporate name, for the period limited; and when
no period is limited, perpetually;

2. To sue and be sued, in any court;

3. To make and use a common seal, and alter the same at pleasure;

4. To purchase, hold and convey such real and personal estate as the pur-
poses of the corporation may require, not exceeding the amount limited in this
Part;

5. To appoint such subordinate officers or agents as the business of the cor-
poration may require, and to allow them suitable compensation;

G. To make by-laws, nc^ inconsistent with any existing law, for the manage-
ment of its property, the regulation of its affairs, and for the transfer of its
stock;

7. To admit stockholders or members, and to sell their stock or shares for
the payment of assessments or installments;

8. To enter into any obligations or contracts essential to the transaction of
its ordinaiy affairs, or for the purpo.ses of the corporation.

5355. JAmitation of power.

Sec 355. In addition to the joowers enumerated in the preceding section,
and to those expressly given in that title of this Part under which it is incor-
porated, no coq^oration shall jiossoss or exercise any corporate jDowers, except
such as are necessary to the exercise of the powers so enumerated and given.

(a) The original section hod the ■word " primary " in place of " prima facie."

G24

COKPORATIONS— GENERAL PROVISIONS. 5350-5339

5356. Banking eocpres^hj ivohibited.

Sec, 356; No corporation shall create or issue bills, notes or other evidences
of debt, upon loans or otherwise, for circulation as money.

5357. Misnomer does not invalidate instrument.

Sec 357. The misnomer of a corporation in any written instniment does not
invalidate the instrument, if it can be reasoiiubl}' asceiiained from it what cor-
poration is intended.

5358. Corporation to organize within one year.

Sec 358. If a corjjoration does not organize and commence the transaction
of its business or the construction of its works within one year from the date of
its incorporation, its corporate powers cease. The due incorporation of any
company, claiming in good faith to be a corporation under this Part, and
doing business as such, or its right to exercise cori^orate jiowers, shall not be
inquired into, collaterall}', in any private suit to which such de facto corjiora-
tion may be a party; but such inquiry may be had at the suit of the state on
information of the attorney-general.

5359. Increasing and diminishing capital stock.

Sec 359. Every corporation may increase or diminish its capital stock at a
meeting called for that purpose by the directors, as follows:

1. Notice of the time and place of the meeting, stating its object and the
amount to which it is proposed to increase or diminish the capital stock, must
be personally served on each stockholder resident in the state, at his place of
residence, if known, and if not known, at the place where the princijial oflice
of the corporation is situated, and be published in a newspaper published in
the county of such principal place of business, once a week, for four weeks
successively;

2. The capital stock must in no case be diminished to an amount less than
the indebtedness of the corporation, or the estimated costs of the works which
it may be the purpose of the corporation to construct.

3. At least two thirds of the entire capital stock must be represented by the
vote in favor of the increase or diminution, before it can be effected;

4. A certificate must be signed by the chairman and secretary of the meeting,
and a majority of the directors, showing a compliance with the requirements of
this section, the amount to which the capital stock has been increased or dimin-
ished, the amount of stock represented at the meeting, and the vote by which
the object was accomplished;

5. The certificate must be filed in the office of the county clerk where the
original articles of incorporation were filed, and a certified copy thereof in the
office of the secretary of state, and thereupon the capital stock shall be so in-
creased or diminished;

6. The written assent of the holders of three fourths of the subscrilied capital
stock shall be as effectual to authorize the increase or diminution of the capital
stock, as if a meeting were called and held; and upon such wiitten assent, the
directors may proceed to make the certificate herein pro\ided for. [Amendmciit,
approved March 30, 1874; Amendments 1873-4, 207; look effect July 1, 1874.*"

(a) Original eection- a newspaper piibliBhed in the county where the prin-

SEC.asg! Every corporation may increase or diminish cipal place of business is located, for four wcclai

its capital stock as in this section provided: BUccesBively; „„„„♦.<.> jl^ o^womf trin-liirh

1. Ly a maiority vote of the directors there may be A. The notice must also contaii. the amount to which

cal ed Vii^eting of the stockholders, to be convened it is proposed to i"<-"'"^«"^;'";">"*^»' '''«jX?inV2^

for the piupose of increasing or of diminishing the 4. The capital st..ck "i"; ',^X;;rt,™/^t w^

cBTiitni ctrw^v- to an amount less tlian the indebtedness oJ tne corpo-

Tpei^onal notice ot the time and place of such ^^ ^T^^^'^'^'^^' '^f.^'}^^^;:'^:^

meeting, and the object thereof, n>ust be served on be the object or purpose ol the orpor,^^^

each stockholder resident in this state; or. in lie;i 5. At le.st four tuths ol aU the .apital s^^^^^^

thereof, the notice must be published in every issue of represented at such meeting, and at least two thirds of

40 (325

5360-5361 CIVIL CODE.

5360. Acquisition of real properly.

Sec. 360. No corporation shall acquire or liold any more real property than
may be reasonably necessary for the transaction of its business, or the construc-
tion of its works, except as otherwise specially provided. A corporation may
acquire real property, as provided in Title YII, Part III, Code of Civil Pro-
cedure, when needed for any of the uses and purposes mentioned in said title.
[Amendment, approved March 30, 1874; Amendments 1873-4, 208; took effect July
1, 1874.^''

[Fur title of Code of Civil Procedure referred to, see post, 11,237.]

An Act to aiithoiize corporations to own and improve the lots and houses in which their

business is carried on.

Approved April 1, 187G; 1875-6, 653.

May hold lot, etc.

Section 1. By unanimous consent of its members or stockholders, any corpo-
ration existing under the laws of this state may acquire and hold the lot and
house in which its business is carried on, and may improve the same to any
extent required for the convenient transaction of its business.

Sec 2. This act shall take efi'ect immediately.

5361. Consolidation of mining corporations.

Sec 361, It shall be lawful for two or more corporations formed, or that may
hereafter be formed, under the laws of this state, for mining purposes, which
own or possess mining claims or lands adjoining each other, or lying in the same
vicinity, to consolidate their capital stock, debts, property, assets, and fran-
chises in such manner and upon such terms as may be agreed upon by the
respective boards of directors or trustees of such companies so desiring to con-
solidate their interests; but no such consolidation shall take j)lace without the
writtt'Ti consent of the stockholders representing two thirds of the capital stock
of each company; and no such consolidation shall in any way relieve such com-
panies, or the stockholders thereof, from any and all just liabilities; and in
case of such consolidation, due notice of the same shall be given by advertising
for one month in at least one newspaper in the county and state where the said
mining property is situated, if there be one published therein, and also in one
new.spaper published in the county, or city and county, where the principal
place of business of any of said companies shall be. And when the said con-
solidation is completed, a certificate thereof , containing the manner and terms of
said consolidation, shall be filed in the office of the county clerk of the county
in wliich the original certificate of incorporation of any of said companies shall
be filed, and a copy thereof shall be filed in the office of the secretary of state.
Such certificate shall be signed by a majority of each board of trustees or direc-
tors of the original companies; and it shall be their duty to call, Avithin thirty
days after the filing of such certificate, and after at least ten days' public notice,
a meeting of the stockholders of all of said companies so consolidated, to elect
a board of trustees or directors for the consolidated company for the year thence
next ensuing. The said certificate shall also contain all the requirements pre-

the entire capital Ktock must vote in favor of 6iicli in the office of the county clerk and one in the office of

increi.be ' r diminution hi l<,re the Hauieis effected; the secretary of Btate, as provided for original articles

C. A certificate, higncd and verilied by the chairman of incorporation, and thereupon the capital stock is so

and secretary of the meetm),', must hi- made, showing increased or diminished,
a strii't compliance with all the re<iuiri ments of this (a) Original section:

section, the amount to wliidi tlie caidtal stoiik has Sec. 360. No corporation shall acquire or hold any

been increased or diminished, thi- amount of stock more real estate than may he absolutely necessary for

(and by whom held) n presinteil at tlie meeting, tlie the use of the business conducted or the construction

vote by which theobjeit wasaccomplihhed,theamouut of their works, except as specially provided. A cor-

of ca]jital stock actually jiald in, and the amount of jjoration organized lor any purpose specified in siibdi-

all debts and liabllitjes of the corporation, and how visions 3, i. 5, 7, 8 and 15, of section l'8H, may at(|uiro

secured. real property as provided in Title VII, Part III, Code of

7. This certificate must be Bubscribed by a m.ijority Civil Procedure, when needed lor the uses and i>urposes

of the directors, and duplicates made, one to be liled therein mentioned.

626

CORPORATIONS— GENEKAL PROVISIONS. 53fil-5383

scribed by section 290 of said Civil Code. [New section, approved Mi ml, 2i^,
187G; A^nendments 181 5-G, 75; took effect from pas^mrje.

An Act to add another section to the civil code.

Approved March 20, 1875-G; AmendmentB 1875-C, 75.

[Sec. 1 contains the additional section 3G1 to the Civil Code above iuserted.]
Sec. 2. This act shall apply to all corporations formed under the la-\vs of tliis
state, whether formed under the said Civil Code, or prior thereto.
Sec. 3. This act shall take effect from and after its passage.

ARTICLE n.

RECORDS.

5377. Becords, of ivhat and how kept.

Sec 377. All corporations for profit are required to keej) a record of all their
business transactions; a journal of all meetings of their directors, members, or
stockholders, with the time and place of holding the same, whether regular or
special, and if special, its object, how authorized, and the notice thereof given.
The record must embrace every act done or ordered to be done; who were
present, and who absent; and, if requested by any director, member, or stock-
holder, the time shall be noted when he entered the meeting or obtained leave
of absence therefrom. On a similar request, the ayes and noes must be taken
on any proj^osition, and a record thereof made. On similar request, the ju-otest
of any director, member, or stockholder, to any action or proposed action,
must be entered in full— all such records to be open to the inspection of any
director, member, stockholder, or creditor of the corporation.

5378. Other records to be kept by corporations for profit, and others.

Sec 378. In addition to the records required to be kept by the preceding
section, corj)orations for profit must keep a book, to be known as the " Stock
and Transfer Book," in which must be kept a record of all stock; the names of
the stockholders or members alphabetically arranged; installments paid or
unpaid; assessments levied and paid or unpaid; a statement of every alienation,
sale, or transfer of stock made, the date thereof, and by and to whom; and all
such other records as the by-laws prescribe. Corporations for religious and
benevolent purposes must provide in their by-laws for such records to be kept
as may be necessary. Such stock and transfer book must be kept open to the
inspection of any stockholder, member, or creditor.

ARTICLE III.

EXAHnXATION OF CORPORATIONS, ETC.

5382. Examination into affairs of corporation by state officers.

Sec 382. The attorney-general or district attorney, whenever and as often
as required by the governor, must examine into the affairs and condition of any
corporation in this state, and report such examination, in writing, together with
a detailed statement of facts, to the governor, Avho must lay the same before
the legislature; and for that purpose the attorney -general or distiict attorney
may administer all necessaiy oaths to the directors and officers of any corpora-
tion, and may examine them on oath in relation to the affairs and condition
thereof, and may examine the books, papers, and documents belonging to such
corporation, or appertaining to its affairs and condition.

5383. Examination made by the legislature.

Sec 383. The legislature, or either branch thereof, may examine into the
affairs and condition of any corporation in this state at all times; and, for that

627

o3S3-:;0C2 CITIL CODE.

purpose, any committee appointed by the legislature, or either branch thereof,
may administer all necessary oaths to the directors, officers, and stockholders
of such corporation, and may examine them on oath in relation to the affairs
and condition thereof; and may examine the safes, books, papers, and docu-
ments belonging to such coi-poration, or pertaining to its aifairs and condition,
and compel the production of all keys, books, papers, and documents by sum-
mary process, to be issued on ai^plication to any court of record or any judge
thereof, under such rules and regulations as the court may prescribe.
5384. Chaph'r and arliclc may he repmled.

Sec. 38-i. The legislature may at any time amend or repeal this part, or any
title, chapter, article, or section thereof, and dissolve all corporations created
thereunder; but such amendment or repeal does not, nor does the dissolution
of any such corporation, take away or impair any remedy given against any
such corporation, its stockholders or officers, for any liability which has been
previousl}' incuiTed.

ARTICLE IV.

JUDGMEXT AGAIKST AND SALE OF CORPOEATE PROPEKTY.

5388. Franchise may be i^old under execution.

Sec. 388. For the satisfaction of any judgment against a corporation author-
ized to receive tolls, its franchise and all the rights and privileges thereof may
be levied upon and sold under execution, in the same manner and with like
effect as any other property. [Amendment, ai^proved March 30, 1874; Amend-
menis 1873-4, 208; took effect July 1, 1874.'"'

5389. Purchaser to transact business of corporation.

Sec 389. The purchaser at the sale must receive a certificate of purchase of
the franchise, and be immediately let into the possession of all property neces-
sary for the exercise of the powers and the receijit of the proceeds thereof, and
must thereafter conduct the business of such corporation, with all its j)owers
and privileges, and subject to all its liabilities, until the redemption of the same,
as hereinafter provided.

5390. Purchaser may recover penalties, etc.

Sec. 31)0. The purchaser or his assignee is entitled to recover any penalties
imposed by law and recoverable by the corporation for an injury to the franchise
or property thereof, or for any damages or other cause, occurring during the
time he holds the same, and may use the name of the cori:)oration for the pur-
pose of any action necessary to recover the same. A recovery for damages or
any penalties thus had is a bar to any subsequent action by or on behalf of the
cori^oratiqn for the same.

5391. Corporation to retain powers after sale.

Sec. 391. Tlie corporation whose franchise is sold, as in this article provided,
in all other respects retains the same powers, is bound to the discharge of the
same duties, and is liable to the same penalties and forfeitures, as before such
sale.

5892. liedernption of franchise.

Sec. 392. Tlie corporation may, at any time within one year after such sale,
redeem tlie franchise, by paying or tendering to the purchaser tliereof the sum
paid therefor, witli ten per cent, interest thereon, but without any allowance for
the toll-wliich he may in the meantime have received; and upon such jmyment
or tender the franchise and all the rights and privileges thereof revert and be-
long to the corporation, as if no such sale had Ijeen made.

(a) The original section, InstfRi] of " authorized to receive toUs," liad the words" organized for i)ront."

628

COKPORATIONS-GENERAL PROVISIONS. 5393-5403

5393. Sale, under execution, xohere.

Sec. 393. The sale of any franchise under execution must he made in the
county in which the corporation has its i)rincipal i)hice of business, or in wljich
the property, or some portion thereof, upon which the taxes are paid, is situ-
ated. [Amendment, approved JIarch 30, 1874; Amendments 1873-4 209 • took
effect July 1,181 4: y^

CHAPTER IV.

EXTENSION AND DISSOLUTION OF COBrORATIONS.

5399. Proceedings to dinincorporcde.

Sec. 399. The dissokition of corporations is provided for:

1. If involuntary— in Chapter V of Title X, Part II, of the Code of Civil Pro-
cedure ;

2. If voluntary— in Title VI, Part III, of the Code of Civil Procedure. (See
post, 10,802 and 11,227.]

5400. On dissolution, directors to be trustees for creditors.

Sec. 400. Unless otlier persons are ai)pointed by the court, the directors or
managers of the affairs of such corporation at the time of its dissolution are
trustees of the creditors and stockholders or members of the corporation dis-
solved, and have full power to settle the affairs of the corporation.

5401. May extend term of existence.

Sec. 401, Every corporation formed for a period less than fifty years may, at
any time prior to the expiration of the term of its corijorate existence, extend
such term to a period not exceeding fifty years from its formation. Such exten-
sion may be made at any meeting of the stockholders or members, called by the
directors expressly for considering the subject, if voted by stockholders repre-
senting two thirds of the capital stock; or by two thirds of the members; or
may be made upon the written assent of that number of stockholders or mem-
bers. A certificate of the proceedings of the meeting upon such vote, or upon
such assent, shall be signed by the chairman and secretary of the meeting and
a majority of the directors, and be filed in the o£&ce of the count}' clerk, where
the original articles of incorporation were filed, and a certified coi:)y thereof in
the office of the secretary of state, and thereujoon the term of the corporation
shall be extended for the specified period. [Amendment, approved Alarrli 30,
1874; Amendments 1873-4, 209; took effect July 1, 1874.''"

[Sec. 402^"^ was repealed by act approved March 30, 1874; Amendments
1873-4, 209; took effect July 1, 1874.]

5403. Title I to apply to all corporations, ivith certain exceptions.

Sec. 403. The provisions of this title are applicable to every corporation,
unless such corporation is excejoted from its operation, or unless a sjpecial pro-
la) Original section: (c) Repealed set-tion:

Sec. :i9.i. The levy and sale of any franchise under Sec. itfi. AH corporations may continue their exist-

execution may be had iu any county in which the enco for an additional period, not excetdiut'tifty years,

president or any director, the treasurer or the secre- by tiling a cirtiticate, verified by the alli.laxif .f the

tary of the corporation may reside, or iu which the president and secretary, settin},' furth that, at u meet-

corporation has its principal place of business. ing of four fifths of the nienibirti or stork, and ■>u a

(6) Original section: two thirds vote thereof, it was determimd to ccintiniie

Sec. 4of. Every corporation heretofore formed, for sucli corporation for such additional length of time;

any purpose enumerated in this title for which cor- the meeting of the stockholders or members to be had

porations may be formed, for a period of time less than after notice thereof, pnblislie<l for four weeks in some

fifty years, may, at any time prior to the expiraticjn of newspaper in the county where tlie ))rincipal olhcu of

the term of its corporate existence, extend such term tlie corporation is located, giving the tune and idace

to a period not exceeding fifty years from its forma- of meeting: or, iu lieu thereof, personal nntice ol Bu.-h

tion. Such extension must be made at a meeting of time and place of meeting may be .served on all stock-

the stockholders or members, after such order of the holders or members resident in this state— the n. tire

directors and notice thereof, with such amount of to specify the object of the meeting and the lengtli ot

capital stock or number of members represented, and time for which it is proposed to continue the corjiora-

such affirmative vote thereof, as required herein for tion.
the increase or diminution of the capital stock, and
filing a certificate thereof in the same offices where
their articles of incorporation are filed.

629

5403-5414 CIYIL CODE.

vision is made in relation thereto, inconsistent with some provision in this title,
in Avhich case the special provision prevails.

An Act iu relation to foreign corporations.

Approved April 1, 1872; 1871-2, 826,

Foreign corporations to dcsifjnate per.-<on upon iv]iom jjrocess may be served.

Sectiox 1. Eveiy cori^oration heretofore created by the laws of any other
state and doing business in this state, shall, within one hundred and twenty
days after the passage of this act, and an}' corporation hereafter created and
doing business in this state, within sixty days from the time of commencing to
do business in this state, designate some person residing in the county in which
the prinfii)al place of business of said corporation in this state is, upon Avhom
process issued by authority of or under any law of this state may be served, and
M-ithin the time aforesaid shall file such designation in the office of the secretary
of state; and a copy of such designation, duly certified by said officer, shall be
e^•idence of such aj^pointment; and it shall be lawful to serve on such jierson so
designated any jn'ocess issued as aforesaid. Such service shall be made on such
person in such manner as shall be prescribed in case of service required to be
made on foreign corj^orations, and such service shall be deemed to be a valid
service thereof.

Penalty for failure to designate.

Sec. 2. Every corporation created by the laAVs of any other state which shall
fail to comjjly with the provisions of the first section of this statute shall be
denied the benefit of the statutes of this state limiting the time for the com-
mencement of civil actions.

Privileges on comjyliance.

Sec 3. Every corporation created by the laws of any other state which shall
comply Avith the provisions of the first section of this statute shall be entitled to
the benefit of the statutes of this state limiting the time for the commencement
of civil actions.

TITLE II.

Imwxmit (Torporatioii

Chapter I. Gexeu/VL PE0v^sI0NS 5414

II. Fire and Marine Insurance Corporations 5424

III. Mutual Life, Health, and Accident Insurance Corporations 5437

CHAPTEE I.

GENERAL PROVISIONS.

5414. Subscriptions to capital stock opened, and how collected.

Sec. 414. After the secretary of state issues the certificate of incorporation,
as provided in Article I, Chapter I, Title I, of this Part, the directors named
in the articles of incorj^oration must proceed in the manner specified, or in their
by-laws, or if none, then in such manner as they may hy order adopt, to open
Ijooks of subsci-iption to the capital stock then unsubscribed, and to secure sub-
scriptions to the full amount of tlie fixed capital; to levy assessments and in-
stallments thereon, and to collect the same, as in Chapter II of Title I pro-
vided.

•G30

INSUEANCE CORPORATIONS. 5415-5419

5415. Purchase and conveyance of real esiaie.

Sec. 415. No insurance coi'poration must purchase, hold, or convey real estate,
except as hereinafter set forth, to wit:

1. Such as is requisite for its accommodation in the convenient transact i<iii of
its business, not exceeding in value one hundred and fifty thousand dollars;

2. Such as is conveyed to it, or to any person for it, by way of ni()rt;^M^''e or
in trust, or otherwise, to secure or provide for the payment of loans previously
contracted, or for moneys due;

3. Such as is purchased at sales upon deeds of trust or judgments obtained
or made for such loans or debts;

4. Such as is conveyed to it in satisfaction of debts previously contracted in
the course of its dealings.

All such real estate so acquired, which is not req\iisite for the accommodation
of such corporation in the ti'ansaction of its business, must be sold and dis-
posed of within five years after such corporation acquired title to the same.
No such real estate must be held for a longer period than five years, unless the
corporation first procures a certificate from the insurance commissioner that the
interest of the corporation will sufl^'er materially by a forced sale of such real
estate, in which event the time for the sale may be extended to such time as the
insurance commissioner directs in the certificate.

5416. Policies, how issued and by ichom signed.

Sec. 416. All policies made by insurance corporations must be subscribed by
the president or vice-president, or in case of the death, absence or disability of
those ofiicers, by any two of the directors, and countersigned by the secretary
of the corporation. All such j^olicies are as binding and obligatory upon the
corporation as if executed over the corporate seal.

5417. Dividends, of what, and when declared.

Sec. 417. The directors of every insurance corporation, at such times as their
by-laws jDrovide, must make, declare, and pay to the stockholders dividends of
so much of the net profits of the corporate business and interest on capital
invested as to them appears advisable ; but the moneys received and notes
taken for premium on risks which are undetermined and outstanding at the
time of making the dividend must not be treated as profits, nor divided, except
as provided in Chapter II of this title.

5418. Directors liable for loss on insurance in certain cases.

Sec. 418. If any insurance corporation is under liabilities for losses to an
amount equal to its capital stock, and the president or directors, after knowing
the same, make any new or further insurance, the estates of all who make such
insurance, or assent thereto, are severally and jointly liable for the amount of

§ 419. Every company, corporation, or association here- ousand dollars.

f^^s^Z^a^"Zf^^f-J'f"" "''■^'''' 1 T ^^'"'"r"' '^'^ oeiation, except mutual life, health,
iransaction or business in fare, marine, inland navigation, or ' ^

life insurance, must have a subscribed capital stock equal to at )e formed or organized, under the
least two hundred thousand dollars, twenty-five per cent, of usiness in any kind of insurance,
which must be paid in previous to the issuance of any policy, ., ■, i . i. i j. j. i , i„^;i

and the residue within twelve months from the day of filing ''V^^^^ ^^^^^ ^^ ^^ ^^^^^ *'^'° bundled
the certificate of incorporation. No person, corporation, or )in; twenty-five per cent, whereof
association organized or formed under the laws of any other ^n „„„ iwjV.tt rm^l +l,p vpdflnp bv
State or country, as a stock company, must transact anv such °* ^''^ l^""^'"^^ ' ^"""^ }, J^^.^,.^^
insurance business in this State, unless such person, corpora- 'V'elve months from the day 01 tiling
tion, or association has a paid up capital stock equal to at least ridual or person, or corporation,
two hundred thousand dollars in available cash assets, over ' , ' , i ^^.^,,,„„,.

and above all liabilities for losses reported, expenses, taxes, O^' COUntiy as a stock COmpan\ ,
and reinsurance of all outstanding risks, as provided in sec- 3 in this state, except on live stock,
tion six hundred and two of the Political Code of this State. ^ -^^1 S^ock equal to at least

^or must any person, corporation, or association, organized or ^ v..».pi>.cv ^ i

formed under the laws of any other State or country as a mu- ates gold COm, aud has available
tual insurance company, transact any such insurance business'
in this State, unless such person, corporation, or association
possesses available cash assets equal to at least two hundred
thousand dollars, over and above all liabilities for losses re-
ported, expenses, taxes, and reinsurance of all outstanding
risks, as provided :n said section six hundred two of the Polit-
tical Code of this State. [In effect, April 1, 1878.]

^ 420. Every company, corporation, or aseociation here-
after formed or organized under the laws of this State for the
tran-action of buftinef-fi in any kind of infiurance not enuraer-
al*d in section 419 of the Civil Code, muBt have a Bubfecribed
c«pital Htock equal to at least one hundred thouBand dollars,
which must be paid in at the times and in the manner pre-'
scribed for the payment of the capital HUjck of a corporation
organized under section four hundred and nineteen of said
Civil Code. Xo company, corporation, or aKsociation, formed
or organized under the laws of any other State or country as a
stock company, rnugt tram-act any' such insurance buginegs in
this State without a paid up capita! rtock of not Icf-s than one
hundred thousand dollars in available (sn-.h aesets-, over and
aUjve all liabilities for losses reported, expenses, taxes, and
reiDi?urance of all ouutanding risks, as provided in section 602
of the Political Code of this Sute. Nor must any company,
corporation, or association, formed or organized under the laws'
of any other Sute or country as a mutual insurance company,
transact any such insurance business in this State unless such
company, corporation, or association possesses available cash
assets efjual to at least one hundred thousand dollars over and
above all liabilities for loci-es reported, expenses, taxes, and re-
insurance of all outstanding risks, as provided in said section six
hundred and two of the Political Code of this State. [In effect
April 1, 1676.] '

hundred tliousarid dollars in

sses, reported expenses, taxes,

tided in sections six hundred

oust any individual or person,

under the laws of any other

transact any kind of insurance

s such person or coqx.>ration

hundred thousand dollars in

;ilities for losses reported, ex-

^ risks, as provided in section

I state. [Amendment, approved

feci sixtieth day after paaHafje.^'"^

X)I1P0BATI0X8.

I paid in tvjelve raordh?.

3 or marine insurance corpora-
tion must bepaia up m casn wituia twcivc xxx-^xxi-hs from the filing of the articles
of incorporation, and no policj' of inswance niusi be issued or risk taken until
twent^'-five per cent, of the whole capital stock is paid up.

5425. Certificate of ca'[/iial ntock paid up to be filed, and when.

Sec. 425. The president and a majority' of the directors must, within thirty
days after the payment of the twenty-five per cent, of the capital stock, and
also within thirty days after tlie payment of the last installment or assessment
of the capital stock limited and fixed, prepare, subscribe, and swear to a certifi-
cate setting forth the amount of the fixed capital and the amount thereof paid
up at the times respectively in this section named, and file the same in the
office of the county clerk of the county where the principal place of business
of the corporation is located, and a duplicate thereof, similarly executed, with
the insurance commissioner.

5426. Properly v:hlch may he insured.

Hec. 42C. Every corporation formed for fire or marine insurance, or both,

•itViin the scope of its articles of

thiH <?.!»% [';^Z ' "''■''^/^''' ^^^«^»i^'^='l >^n'J'r the laws of
! ' V • ' '•*"'''*<=^"'" "f f^"«i"'--H« in any kind of insur-

anr:e may mvest the.r capital and accumulations in the follow-
lufi named n-.riiniiHH :

nf rhlVni'l ""^r'^rchaHe of or loans upon interest-bearing bonds
oJ the Lnit«<i .>uu;h Government ;

'/■««— In the purchase of or loans upon interest-bearing bonds

nre^—Ir. the purchase of or loans upon interert-bf^rinr,
bont ; ^•''''^^^'"'» °o» >n default for interest on such

F^mr-ln loans ufK.n unincumbered real propertv or unon
nerchand.se .n warehouse, worth at least one hundred r^r cent
more than the amount loaned. '

But no investment in the securities named in subdivisions
one two. and three of thi. section must be made in amount ex!
ceeding the par value of such securities, nor exceedinrthe^r
market value. [In effect, April 1 1878 1 "^^^^^^^'ng their

ration may, by its board of

in loans upon real or per-

;, or other securities, but uo

a, or on the notes or obliga-

aj/proved March 30, 1874;

08 must never take, on any
isurance against fire, a sum
aid in, and intact at the time

of t).
ki/j'I

h-:Tih
doll..

wIj<;"

\>',Uiy. iii
ia>tiillni< /.^
iitg the ten.

ve ni'/nthc froin tht
'jryjTtXVju. Hut iu\i->X. any iu-

brgoD be perrnltt<><l to transact buKinefis
ny non-renl'lent person or <-orj)Oration,
' laws wnetfier loreij^ri or rloiij<f»>tic. In any kind of InHur^inc*-,
.. 8Tjy exc-pt on liv<- aUxik, unleKH hik It in-.rivui or (:orj<oratl'<n

a hub- IHMhUnHeH hVtlilHhlf. l-Mh HhM-.tH, fXilUhiV: Of Hi<i<k Dot'*,

tiioiihand to the araount of at leabt one hu dr'-d thouhai.d d'/llars

: p';r <<rnt. in f'uiUui Staten gold coin, over and aJx^ve all liabilitiew.

-,ni)<: of any ('/I The original >>e'.ti<yTi, inHtcad of "or on the notrrs

'/T obligationH of any of Its stockholders," had the

words ' as security."

r quarterly
le day of fil-

C32

INSURANCE CORPORATIONS. 5428-5430

of taking such risk, witlioTit reinsnviiig- tlio oxcoss aLovo one tcjilh. [Amoid-
mcnl, approved March 30, 1874; AtnetKlinculs 1873 4, 210; look- i-(/'rii JuU/ 1,
1874.""

5$ 429. No corporation f'ofnu'il lu'ivat'tiT uiKior llu- laws of
this State, and traiisactiii'^ tire, maiiiic, iiilaiid navi-^atioii insur-

auct' hiisiiicss, or iiisuiaiico j)i()vi(i(i(i tor l)y section lour liundieil SUVailCG l)UsilieR.S Under

and twenty of tliis Code, must make any dividends except from fioju itlolilK rC'luuiniucr

profits renmininj; on hand after ictainini; unimpaired :

1. The entire subscribed capital stock ;

2. All the iHcmiums received or reeeivai)le on outstandin<;

marine or inland risks, except marine lime risks ; t • • i i

3. A fund e.iual to one-half of the amount of all pren.iums "'^'"- "'^'""^'^ ''' '"^'^"'^
on nil other riska not terminated at the time of making such

dividend; iiiiiiins on flit' ri.sks unci

4. A sum sulncient to pay all losses reported or in course of l r • i i
settlement, and all liabilities for expenses and taxes, f In eft'eet, sucii (lividt'lul;

April I, 1878.] urse of settlenient, and

ail lux hill tics lor expenses and taxes.

5430. A)ii()iinli< /o be reserved by comjwnics xo'dh less lluoi tiro hundred thoiisand
dollars capital.
Sec. 430. No fire or marine insurance corporation, with a suLscrihed capital
of less tliJin two hundred tliousand dollars, must declare any dividends, except
from proiits remaining on hand after reserving:

1. A sum necessary to form, with the subscribed capital stock, the aggregate
sum of two hundred thousand dollars;

2. All the premiums received or receivable on outstanding murine or inland
risks, except nnirine time risks;

3. A fund equal to one half the amount of all premiums on lire risks and
marine time risks not terminated at the time of making such dividend;

4. A Slim sufficient to pay all losses reported or iu course of settlement, and

nnd n^^. , ^e ^■'^!'.';"''l^^'""' ''»nne<l' under the laws of this State,
nn.l tiansactm^' life insurance business, must make anv divi

dends, except from proiits renniinin- on hand after retaining '"'" '^"^ P^'Tose ..f discovormg

ummpaired : " u conllagration.

r>«,._Thc entire capital stock •

pr^;j:;;:i;';;::;;;!J:;:;;::r;i »:-;?■£'« i;;;!;;;;;;. .f..vo o,^a„i.oa „na now

ii-xperiencc Table of Mortalitv, an.l interest at the rate of four *ll*J l^WS of this state, fOF

and one-hall per cent, per annum. [In effect, April 1, 187.S.] d of saving property and

thill tiiiy miiniciiml corpo-
ration of this state, shall have power, at its own proi)cr cost and exiicnso, to
maintain a corps of men, Avith proper officers, ecpiipiuHl with the necessary
macliinery and apparatus therefor, whose duty it shall be, so far as practicable,
to discover and ])revent tires and save pr<^pcrty and humtm life from contlagni-
tion; and for the cllVictivo discharge of such duties, power and authority is
hereby granted such corps to enter any building on lire, or in Avliich ju-operty
is on lire, or which such corps or any officer thereof shall deem to be immeili-
ately exposed to any existing tiro, or in danger of taking lire from a burning
building, and to remove or otherwise save and i)rotect from c.)nll)igiiition or
damage by water any ])roperty, during and immediately after such tire; pro-
vided, ]iow(!ver, that nothing in tliis act shall be so construed as in any degree
to less(vn, imjitiir, or interfere with the powers, privileges, duties, or authority
of the regiihir tire department of such municipality; and provided further, thnt
no act of such corps simll justify tiny owmn- of any building ov property in
abandoning such building or property.

■ („) The ,ni,'innl section l,ml I he xvords " er cither " nftrr ■• eori-oratiouB." but .UJ nut liayo U.o WorUB " anJ
liiliu'tul thti liiiio of tiiklug tiiu'h risk."

C33

6430-5437 CIVIL CODE.

Privileges granted to fire patrol corps.

Sec. 2. Such corporation, with its officers and corps, when i-unning to a fire,
shall, with its horses, vehicles, and salvage apparatus, have the same right of
way as is or may be bestowed by any ordinance of the municipality or law of
this state upon the regular fire department of the municipality wherein such
corporation is acting; provided, that the rights of such fire dej)artment shall
always bo paramount to the rights of said coriDoration. All ordinances now
existing or which may hereafter be passed by the mvmicijial authorities of any
city and county, or of any incorporated city or town wherein such a corporation
may carry on business, and all laws of this state ajDplicable to such city and
county, or city or town, for the conviction or punishment of any person or per-
sons willfully or carelessly obstructicg the progress of the apparatus of the fire
department of such city and county, or city or town, while going to a fire, or
of any person or jjei'sons willfully or carelessly injuring any animal or property
of said fire dei3artment, shall be equally applicable to any person or persons
willfully or carelessly obstructing the progress of the ajijDaratus of such corpo-
ration while going to a fire, and to any j^erson or persons who shall willfully or
carelessly injure any animal or proj)erty of such corporation; and said laws and
ordinances, and their penalties, may be enforced in the same coui-ts and in the
same manner, and with equal force and effect, as in the case of the fire depart-
ment.

Costs and expenses of maintaining organization, lioiv assessed.

Sec. 3. Each such corporation shall have j^ower to assess its members for the
cost of establishing and maintaining its organization, upon the basis of insur-
ance business transacted by such members within the municipality where such
corporation is carrying on business, and in such manner as is or may be provided
for by its by-laws, and all assessments so made may be duly enforced under
and by virtue of the laws of this state. For the purpose of ascertaining the
basis of such assessments such corporation shall have j^ower to require and
demand from each and every member thereof, quarterly statements, sworn to
by the president or secretary, in case the insurance company or member on
which the demand is made shall be incori:)orated under the laws of this state,
or otherwise by the agent of the company who shall be recognized as such by
the insurance commissioner of this state, which quarterly statement shall show
the aggregate amount of premiums received and receivable for fire insurance
upon proi)ei-ty within such municipality, by said company or member, diu-ing
the three months next preceding, resj^ectively, the thirty-first day of March,
the thirtieth day of June, the thirtieth day of September, and the thirty-first
day of December, in each year, and a demand by the secretary or treasurer of
such corporation, made within fifteen days after the termination of any such
quarter of a year, as hereinabove set forth, shall be considered the demand
herein provided for, and any member who shall fail to make such statement
within ten days after such demand, shall, for each day's delay after such ten
days, forfeit ten dollars, to be added to such member's next assessment, and
payment thereof to be enforced in like manner as is jn-ovided for enforcing
payment of assessments.

Sec. 4. This act shall take effect and be in force from and after its i:)assage.

CHAPTEE III.

MUTUAL LIFE, IIF.ALTJI AND ACCIDENT INSURANCE CORPORATIONS.

5437. Capital stock — Guarantee fund.

Sec. 437. Everj' coi-jioration formed for the purpose of mutual insurance on
the lives or health of jiersons, or against accidents to persons for life or any

634

INSUKANCE CORPORATIONS. 5437-5440

fixed period of time, or to purcluise and sell annuities, must have a ciqtUn] stock
of not less than one Luudred thousand dollars. It must nut make any insur-
ance upon any risk or transact any other business as a corporation until its
capital stock is fully paid up in cash, nor until it lias also obtained a fund, to
be known as a " Guarantee Fund," of not less than two hundred and fifty thou-
sand dollars, as hereinafter provided. If more than the retpiisite ain'ouiit is
subscribed, the stock must be distributed pro rata amonj^- the subsi-ribcrs. Any
subscription may be rejected by the board of directors or the cominittoe tliereof,
either as to the whole or any part thereof, and must be, so far as rejected, with-
out effect.

5438. Of what guarantee fund shall consist.

Sec. 438. The guarantee fund mentioned in the preceding section must con-
sist of the promissory notes of solvent parties, approved by the l)oard of direc-
tors and by each other, payable to the corporation or its order, and at such
times, in such modes, and in such sums, with or without interest, and confonn-
able in all other respects to such requirements as the board of directors pre-
scribe; but the amount of the notes given by any one person must not exceed
in the whole the sum of five thousand dollars, exclusive of interest. Such note
must be payable absolutely and at the option of the corporation; they must be
negotiable, and may be indorsed and transfen-ed, or converted into cash, or
otherwise dealt with by the corporation, at its discretion, without reference to
any contingency of losses or expenses. Such notes, or the proceeds thereof,
must remain with the corporation as a fund for the better security of persons
dealing with it, and constitute the assets of the coriDoration, liable for all its
debts, obligations and indebtedness next after its assets from jDremiums and
other sources, exclusive of capital stock, until the net earnings, over and above
its expenses, losses and liabilities, shall have accumulated in cash, or securities
in which the net earnings have been invested, to a sum which, with the capital
stock, is equal to the aggregate of the original amounts of the guarantee fund
and of the capital stock.

5439. What constitutes, and deficiency infixed capital.

Sec. 439. The sum accumulated as jjrovided in the preceding section, together
with the capital stock, shall become and remain the fixed capital of the corpor-
ation, not subject to division among the stockholders or jDarties dealing with it,
or to be exj^ended in any manner otherwise than may be required in payment of
the corjioration's debts and actual expenses, until the business of the corpora-
tion is closed, its debts paid, and its outstanding policies and obligations of
every kind canceled or j^rovided for; and if from any cause a deficiency at any
time occurs in such fixed capital, no further division of profits must take place
until such deficiency has been made uj).

5440. Declaration of fixed capital to he filed.

Sec. 440. Whenever the fixed capital of the corporation is obtained as here-
inbefore provided, the president of the corporation and its actuary, or its sec-
retary, if there is no actuary, must make a declaration in writing, sworn to be-
fore some notary public, of the amount of such fixed capital, and of tlie par-
ticular kinds of property composing the same, with the nature and amount of
each kind, which must be filed with the original articles of incoi-jwration, and
a copy, certified by the county clerk, must be published for at least four suc-
cessive weeks, in a newsj^aper published in the county Avhere the priucijial busi-
ness of the corporation is situated. Upon the filing of such declaration the
guarantee fund is discharged of its obligations, and all notes of the fund re-
maining in the control of the corporation, and not aflected by any lien thereon,

635

5440-5444 CH'IL CODE.

or claim of that nature, must be sun-endered by it to tlie makers thereof,
respectively, or other parties entitled to receive the same.

5441. Guarantee notes and interest, hoiv disposed of.

Sec. 441. Until the guarantee fund is discharged from its obligations, as pro-
^^ded in the preceding section, no note must be withdrawn from the fund, unless
another note of equal solvency is substituted therefor, with the approval of the
board of directors. The corporation must allow a commission, not exceeding
five per cent, per annum, on all such guarantee notes while outstanding, and
also interest on all moneys j^aid on such notes by the parties liable thereon, at
the rate of twelve per cent, per annum, payable half yearly until repaid by the
corporation, unless the current rate of interest is diiferent from this amount, in
which case the rate payable may, from time to time, at intervals of not less than
one year, be increased or reduced by the board of directors, so as to conform
to the current rate. [Amendment, approved March 30, 1874; Amendmentsl^l^-4i,
210; took effect July 1, 1874.^"^

5442. Insured to be entitled to vote, iclien.

Sec 442. After the filing of the declaration of the fixed capital, as in this
article l5ro^•ided, the holders of policies of life insurance for the term of
life, on which the premiums are not in default, may vote at the election of
directors, and have one vote for each one thousand dollars insured by their
policies, respectively.

5443. May invest in what securities.

Sec. 443. The number of directors 'sj^ecified in the articles of incorporation
may be altered from time to time during the existence of the corporation by
resolution, at the annual meeting of a majority of those entitled to vote at the
election of directors, but the nu.mber must never be reduced below five.

5444. Investment of capital stock, on what securities.

Sec 444. Life, health, and accident insurance corporations may invest their
capital stock as follows:

1. In loans upon unincumbered and improved real propert}' within the State
of California, which shall be worth at the time of the investment at least forty
j)er cent, more than the sum loaned;

2. In the jmrchase of or loans upon interest-bearing bonds, and other secu-
rities of the United States and of the State of California;

3. In the jmrchase of or loans upon interest-bearing bonds of any of the
otlier states of the Union, or of any county, or incorporated city, or city and
county in the State of California;

4. In the purchase of loans upon any stocks of corporations formed under
the laws of this state, except of mining corjiorations, which shall have, at the
time of the investment, a value, in the city and county of San Francisco, of
not less than sixty per cent, of their par value, and shall be rated as first-class
securities; but no loans shall be made on any securities specified in subdivis-
ions three and four of this section, ia any amount beyond sixty per cent, of
the market value of the securities, nor shall any loan be made on the stock of
the corjjoration, or notes or other obligations of its corporators. \Amendment,
approved March 30, 1874; Amendments 1873-4, 211; took effect July 1, 1874.^'^'

(a) Original pectlon: notes by the parties liable thereon, at the rate of

Sec. 441. Until the gnarniitoe fund is diBchurgod twolvo per ciut. per annum, pnynblo half yeiirly until

from ItH oblit'dtioHH, an provided in the iM-erediuf,' Hec- repaid by the corporation. But Fuch rate of interest

tiou, no noteniuKt be withdrawn from the luiid.uuleBB may, from time to time, at intervals of not Ubs than

another note of equal Bolveniy is huljBtituted tlierefor, one year, be increased or reduced by the board of di-

with the unauiniouK ui)proval of th.- board of directors rectors, so as to conform to the then current rates of

tlien in ollieciind of all othi-r parties liable on the rest Interest,

cf the notes comprising the guarantee fund. The cor- {b) Original section:

porati.jn must allow a commission of hvcr jier cent. Sec. 444. Life, health, and accident insurance corpo-

per annum on all such guarantee notes while out- rations may invest their capital slock as follows:

BtandlDi,', and also iutcrcBt on all moneys paid on such 1. In loans upon luiiucunibered and improved real

G3G

INSURANCE CORPORATIONS. 5445-5449

5445. Limitations to holding of stock, etc.

Sec. 445. The corporation miiy, by its by-laws, limit the uumbor of bhures
which may be held by any one person, and make such other provisions for tho
protection of the stockholders and the l)etter security of those doalinj,' with it us
to a majority of the stockholders may seem proper, not inconsistent with the
provisions of this title or part.

5446. Premiums, how payable.

Sec. 446. All premiums must be payable wholly in cash, or one half or a
greater proportion in cash, and the remainder in promissory notes bearing,'
interest, as may be provided for by the by-laws. Agreements and policies of
insurance made by the corporation may be upon the basis of full or partial
participation in the profits, or without any participation therein, as may be pro-
vided by the by-laws and agreed between the parties.

5447. Insurance commissioner to be furnished with valuation of policies outstand-

ing.

Sec. 447. Every life insurance corporation organized under the laws of this
state must, on or before the first day of February of each year, furnish the in-
surance commissioner the necessary data for determining the valuation of all
its policies outstanding on the thirty-first day of December then next preced-
ing. And every life insurance company organized under the laws of any other
state or country, and doing business in this state, must, upon the written requi-
sition of the commissioner, fvirnish him, at such time as he may designate, the
requisite data for determining the valuation of all of its policies then outstand-
ing. Such valuations must be based upon the rate of mortality established by
the American exiDcrieuce life-table and interest at four and one half per cent,
per annum. For the purpose of making the valuations, the insurance com-
missioner is authorized to employ a competent actuary, whose compensation
for such valuations shall be three cents for each thousand dollars of insurance;
to be paid by the respective companies whose policies are thus valued. [Amend-
ment, ajjproved March 30, 1874; Amendments 1873-4, 211; took effect July 1,
1874.'^>

5448. No stamp required on accident insurance contract.

Sec. 448. No stamp is required nor stamp duty exacted on any contract of
insurance, when such contract insures against accident which ma}' result in
injury or death.

5449. Valuation of policies — Retaliatory provision.

Sec 449. "When the certificate of the insurance commissioner of this state, of
the valuation of the policies of a life insurance company, as provided in section
447 of the Civil Code of this state, issued to any company organized under the
laws of this state, shall not be accepted by the insurance authorities of any
other state, in lieu of a valuation of the same, by the insurance officer of such
other state, then every company organized under the laws of such other state,
doing business in this state, shall be required to have a separate valuation of its

estate -within the State of California, which shall be fied in subdivisions 2, 3, and 4 of this section In any

•worth at the time of the investment at least tifty per amount beyond ^ixty vcr cent, of the niarket vBlue or

ceiit. more than the sum loaned; the securities, norshall any loan be made on the stock

2. In the purchase of or loans upon interest-bearing of the corporation niahing the loan.
Btockg,bonds, and other securities of the United States, («) Onyiual section: i„„i>„.j
and of the stutes thereof- Sec. 447. Every lite insurance con'oration doing busl-

3. lu the purchase of or loans upon interest-bearing ness in this si ate. or fornied undi r the prov sions of
bonds of aijy incorporated city, or city and county, in this part, must, on or belore the hrst Mondaj In Jiiuu-
the State of California; »>•>• of each year. furu:sh the n.suraiue ^■;;'' J' •■>';""

4. In the purchase of or loans upon any stocks of the necessary d,da lor deternuniut' the ^..3 ion f^l

companies and corporations formed under tlie laws of ;t«P^l>'-^'-""t''V'.'"'"'^\''" ,V ,V , .."^f^Vho 1 ,^^^^

this state, except mining stocks, which shall have, at ber next precvLling: ^vhich va u« ..n ";">:» ';f'»^!f

the time of the investment, a value, in the city and upon therateol ".'-.'^tahty ases ablisl.ed b> « •'• Aimrl-

county of San Francisco, of not less than sixty per can experience hie table. /.^'■/«''; ,1'^ '" .^,7,"' '"

cent, of their par value, and shall be rated astirst-class be assumed must be four and one half per tent, per

securities. annum.
But no loans shall be made on any securities speci-

637

5449-5455

CIVIL CODE.

policies made imder the authority of the insurance commissioner of this state,

as provided in section 447 of the Civil Code. [New section, approved March 30,

1874; Jmendmenfs 1873-4, 270; (oak effect sixtieth day after passage.

5450. Policy, to conlaiu ichat evidence — Penalty.

.i 450. Every poTicv of ■ ' '^ ' — "•""'^'^ unon life issued hereafter within the

■oidddivcred witi.in tlie liniitHrthrstTof'/^V'^'"'''-''''''' '''"^'^ 1 ov Corporation, organized

su;ir°:;;,- .3-t- oSr-t^ -^I^-'Ds^^^: 'ther state or country, or by

agent of sud. person or cornorafinn ,1^'' ."'" '-"^""^''J'. or by the ain written evidence that it

Po'r'^ion"' '■/;r" '■"^"^'^ '■" '''^' «tate. "a ..rt'ilf " "o ""^ "''" ^^ ^^^ this state, which shall

poratiOD, rtn,/j';(fo,„g„^y/ . ^. . f^'"| fit person or cor-

-ithout ,i.e evi-ieJ^; ^^^h^^J^JfT:^ ^'^^ policy. ^f the holder null and void,

people of the State of California the sum of orf. i Y"^' ^° *^"« without the evidence here-

for cash [eiieh] and every Doli-v «n ; i *" '^""'^'■''<^ tiollars eu ^ r r. vi- • i- i,

the Insurance Commissioner bv\, if ?'^' ''^ ^' •■ecovere.l by ^tate of California, for each

of the State of California, in aLclZlr "'""*' °^ "'^ People ed dollars in United States

In effect, April 1 1878 ^ ^^^'^°f'''''''Pet<^nt jurisdiction ■ -^ n .•

. F"j, 10/8.J J ">u/ci/o?i. loner, as j)rovided by section

598 of the Political Coae. ^^.v. Ma7-ch 30, 1874; Amendments

i 451. Under any policy of insurance on life hereafter is-
sued and delivered in this State, whether by a person, or cor -

poration organized under the laws of California, or under those . „ . , .,

of any other State or country, the holder thereof, at any time ^^^ °* insurance lierealter

during the continuance of the policy, shall be entitled to claim d holder thereof, presented

and recover of the insurer-any stipulation or condition of for- ^^le agent of SUch person

feiture contained in the ))olicy or elsewhere to the contrary not- ° . ■"-

withstanding— a surrender value, to be determined as follows :)erson or corporation must,

The net value of the policy, at the time of demand upon the in- q(J of payment pay to the

surer for settlement and liquidation of the same, shall be ascer- -, r ' ^ -J

tained according to the American Experience Rate of Mortality, '^^ policy, a SUm equal tO

with interest at four and one-half per centum per annum ; from such policv, as ascertained

such value shall be deducted and canceled any indebtedness of .f co^fi^r. "f;/17 r^f +1ia Piiril

the assured growing out of the policy, and a surrender charge ^^ feection^ 04 < OI tne i^ivu

to the company, to be ascertained as follows : Assumins: the e liquidation of SUch policy,

rates of mortality and interest as aforesaid, the present value ilg 1873-4 270* toolc effect

of all the future contributions of the policy to pay death claims, ' '

or, in other words, of all the normal future yearly costs of in-
surance which by its terms it is exposed to pay, in case of its
continuance, shall be calculated, and eight per centum of this
sum shall be the legal surrender charge, and the remainder of
the net value of the policy ascertained as aforesaid, after de-
ducting this surrender charge, anil any del)ts due the insurer as
aforesaid, shall be payable to the insured in cash within sixty
days after the amount is ascertained. If there shall not have
been a settlement and liquidation of the policy as hereinbefore
provided, ami it shall have lapsed by reason of the non-payment

of a premium, the insurer must nevertheless continue it in force 5454

as provided in the next ensuing section. [In effect, April 1 54G5

'"'1 ::::::;:;::;:::;::: 5479

.s 452. The net value of the policy, at the expiration of the
terra for which the full amount of premiums shall have been
paid, must be ascertained and determined in accordance with
the formula set forth in the preceding section. After deducting [.

from such net value any indebtedness to the insurer growing
out of the policy, and canceling the same, anil deducting also
a surrender charge, as ascertained in accordance with the pro-
visions of said preceding section, the remainder of such net
value shall be considered as a net single premium of insurance.
And in the case of any policy, other than an endowment, the
amount whicliit will insure as a life policy shall be determined
according to the age of the insured at the time of the lapse of
the policy, and the rates of mortality and interest assumed in
determining the net value of the same. In the case of an en-
dowment, i)ayable at a certain time, or at death, if it should
previously occur, the remainder of the net value of the policy,
ascertained iis hereinbefore reciuired, shall be considered as a
net single premium of endowment insurance, and the amount
wljich it Mill insure as'an endowment for the unexpired term of
the pDli«v, shatr be determined, according to the age of the in-
sured anil 'the rates of mortality and interest assumed in deter-
mining the net value of the^oliey. As thus adjusted, the policy
is to.ljue xonsiiriered as continued in force, in accordance with its
ori"Ui#l teniuB, except (or a smaller amount ; which said amount
shiT^ be, by the company, indorsed on the policy as paid up in-
surance. K

elected at a meeting of
lajority of the fixed cap-
e; notice thereof to be
aws in Article II, Chap-

f stock.

;ransferable until all the
paid in; nor is any such
.less at least twenty per
erefor, and the transfer

RAILEOxVD CORPORATIONS. 545C-54C5

5456. Corporations may horroio monry and ^^•^•(lfi boncJs.

Sec. 450. Railroad corporations may borrow, on the credit of tlio corporation
and under such reguhitions and restrictions as the directors thereof, by unani-
mous concurrence, may impose, such sums of money as may be necessary for
constructing and completing their railroad, and may issue and dispose of bonds
or promissory notes therefor, in denominations of not less than live hundred
dollars, and at a rate of interest not exceeding ten per cent, per annum; and
may also issue bonds or promissory notes, of the same denomination and rate
of interest, in payment of any debts or contracts for constructing and complet-
ing their road, with its equipments and all else relative thereto. The amount
of bonds or promissory notes issued for such purposes must not exceed, in all,
the amount of their capital stock; and to secure the payment of sucli bonds or
notes, they may mortgage their corporate property and franchise.

5457. To provide sinking fund to pay bonds.

Sec. 457. The directors must provide a sinking fund, to be specially applied
to the redemption of such bonds on or before their maturity, and may also con-
fer on any holder of any bond or note so issued, for money borrowed or in pay-
ment of any debt or contract for the construction and equipment of such road,
the right to convert the principal due or owing thereon into stock of such cor-
poration, at any time within eight years from the date of such bonds, under
ffuch regulations as the directors may adopt.

5458. Capital stock to be fixed.

Sec. 458. When, at any time after filing the articles of incorporation, it is
ascertained that the capital stock therein set out is either more or less than act-
ually required for constructing, equipping, operating and maintaining the road,
by a two third vote of the stockholders the capital stock must be fixed, and a
certificate thereof, and of the proceedings had to fix the same, must be made
out and filed in the office of the secretary of state.

5459. Certificate of payment of fixed capital stock.

Sec. 459. Within thii'ty days after the payment of the last installment of the
fixed capital stock of any railroad corj)oration organized under this title and
part, the president and secretary and a majority of the directors thereof must
make, subscribe and file in the office of the secretary of state a certificate, stating
the amount of the fixed capital stock, and that the whole thereof has been paid '
in. The certificate must be verified by the affidavit of the president and secre-
tary.

CHAPTER II.

ENUMERATION OF POWERS.

5465. Enumeration of powers.

Sec. 465. Every railroad corporation has power:

1. To cause such examination and surveys to be made as may be necessary to
the selection of the most advantageous route for the railroad; and for such pur-
poses their officers, agents and employees may enter upon the lands or waters
of any person, subject to liability for all damages which they do theret...

May accept real estate. . .

2. To receive, hold, take and convey, by deed or otherwise, as a natural per-
son, such voluntary grants and donations of real estate and other i)ruperty
which may be made to it to aid and encourage the consti-uctiou, maintenance,
and accommodation of such railroad.

May acquire real estate, . . ■ ■*- ■

3. To purchase, or by voluntary grants or donations td i^ceive, ente^^tuke

639 - y''^:

54G5 CIVIL CODE.

possession of, hold and use all sucli real estate and other property as may be
absolutely necessary for the eonstructfon and maintenance of such railroad, and
for all stations, depots and other purposes necessary to successfully work and
conduct the business of the road.

Laij out road, hoxo iiside.

4:. To lay out its road, not exceeding nine rods wide, and to construct and
maintain the same, with a single or double track, and with such appendages
and adjuncts as may be necessary for the convenient use of the same.

Where may construct road.

5. To construct their road across, along or upon any stream of Avater, water-
course, roadstead, bay, navigable stream, street, avenue or highway, or across
any railway, canal, ditch or flume, which the route of its road intersects, crosses,
or runs along, in such manner as to afford security for life and property; but
the corporation shall restore the stream or watercourse, road, street, avenucj
highway, railroad, canal, ditch or flume, thus intersected to its former state of
usefulness, as near as may be, or so that the railroad shall not unnecessarily
impair its usefulness or injure its franchise; thus intersected to its former state
of usefulness, as near as may be, or so that the railroad shall not unnecessarily
impair its usefulness or injure its franchise.

3Iaij cross or connect roads.

G. To cross, intersect, join, ot unite its railroad with any other railroad,
either before or after construction, at any point upon its route, and upon the
gi-ounds of such other railroad corporation, with the necessary turnouts, sidings,
and switches, and other conveniences in furtherance of the objects of its con-
nections; and every corporation whose railroad is, or shall be hereafter, inter-
sected by any new railroad, shall unite with the owners of such new railroad in
forming such intersections and connections, and grant facilities therefor; and if
the two corporations cannot agree upon the amount of compensation to be
paid therefor, or the points or the manner of such crossings, intersections, and
connections, the same shall be ascertained and determined as is provided in
Title VII, Part III, Code of Civil Procedure. [See post, 11, 237.]

IMay purchase land, timber, stone, gravel, etc.

7. To purchase lands, timber, stone, gravel, or other materials, to be used in
the construction and maintenance of its road, and all necessary appendages
and adjuncts, or acquire them in a manner provided in Title VII, Part III,
Code of Civil Procedure, for the condemnation of lands; and to change the
line of its road, in whole or in part, whenever a majority of the directors
so determine, as is provided hereinafter; but no such change must vary the
general route of such road, as contemplated in its articles of incorporation.

Carry persons and freight.

8. To cany persons and property on their railroad, and receive tolls or com-
pensation therefor.

Erect necessary buildings.

9. To erect and maintain all necessai'j^ and convenient buildings, stations,
depots, fixtures, and machinery for the accommodation and use of their passen-
gers, freight, and business.

Regulate time and freights, subject to legislation.

10. To regulate the time and manner in which passengers and property
shall be transported, and the tolls and compensation to be paid therefor within
the limits prescribed by law, and subject to alteration, change, or amendment
by the legisluture at any time.

640

RAILKOAD COEPORATIONS. 54G5-5470

Regulate force and speed.

11. To regulate the force and speed of tlieir locomotives, cars, trains, or
other niachiueiy used and employed on tlieir road, and to establish, execute,
and enforce all needful and pro})er rules and regulations for the management
of its business transactions usual and proper for railroad coriiorations.

5466. Map and profile to be filed.

Sec. 4G6. Every railroad corporation in tliis state must, uitliin a reasonable
time after its road is finally located, cause to be made a map and i)rolile tliereof,
and of the land acquired for the use thereof, and the boundaries of the several
counties through which the road may run, and file the same in the oflice of the
secretary of state; and also like maps of the parts thereof located in different
counties, and file the same in the office of the clerk of the county in which
such parts of the road are, there to remain of record forever. The maps and
profiles must be certified by the chief engineer, the acting president and secre-
• tary of such comj)any, and copies of the same, so certified and filed, be kept in
the office of the secretary of the corporation, subject to examination by all
parties interested.

5467. 3Iay change line of road.

Sec. 467. If, at any time after the location of the line of the railroad and the
filing of the maps and profiles thereof, as provided in the preceding section, it
appears that the location can be improved, the directors may, as provided in
subdivision 7, section 465, alter or change the same, and cause new maps and
profiles to be filed, showing such changes, in the same offices where the origi-
nals are of file, and may proceed, in the same manner as the original location
was acquired, to acquire and take possession of such new line, and must sell or
relinquish the lands owned by them for the original location, within five years
• after such change. No new location, as herein provided, must be so run as to
avoid any points named in their articles of incorporation.

5468. Forfeiture of franchise.

Sec. 468. Every railroad corporation must, within two years after filing its
original articles of incorporation, begin the construction of its road, and must
every year thereafter complete and put in full operation at least five miles of its
road, until the same is fully completed; and upon its failure so to do, for the
period of one year, its right to extend its road beyond the point then completed
is forfeited.

5469. Crossings and intersections.

Sec. 469. Whenever the track of one railroad intersects or crosses the track
of another railroad, whether the same be a street railroad, wholly within the
limits of a city or town, or other railroad, the rails of either or each road must
be so cut and adjusted as to permit the passage of the cars on each road with
as little obstruction as possible; and, in case the persons or corporations own-
ing the railroads cannot agree as to the compensation to be made for cutting
and adjusting the rails, the condemnation of the right of way over the one for
the use of the other road may be had in proceedings under Title YII, Part III,
Code of Civil Procedure, and the damages assessed and the right of way granted
as in other cases.

5470. Use of streets, alleys, or neater, in cities or toicns.

Sec. 470. No railroad corporation must use any street, alley, or highway, or
any of the land or water, within any incorporated city or town, unless the right
to so use the same is granted by a two third vote of the town or city authority
from which the right must emanate.

41 641

5471-3i76 CIYIL CODE.

5471. Bailroads through cities not to charge fare to and from points therein.

Slc. 471. No railroad corporation, other than street raih-oads, availing itseK

S 471 i5«r..;,^r, f„ u J , J? right of way from city

r^^^- ^' ^ " '^?"'' '^"ndred and seventj-one of the Civil i +■ +i

Code IS hereby repealed. [In effect, April 1st, 1878 J ^^^ purposes, or lor the

purpose of can-yiug passengers lor a consiuexutav^xx, .xom any j^oint to another

in the same city, except such roads as are or may he built on the prismoidal or

other elevated railroad plan, and chartered for street railroad purposes; provided,

that such elevation shall be not less than fourteen feet above the street level.

{Amemhne)d, approved April 1, 1876; Amendments 1875-6, 76; took ef/'ect from

5472. When crossing railroads or highways, hoiv other lands are acquired.

Sec. 472. Whenever the track of such railroad crosses a railroad or highway,
such railroad or higlnvay may be carried under, over, or on a level with the
truck, as may be most expedient; and in cases where an embankment or cutting
necessitates a change in the Hne of such railroad or highway, the corporation
mav take such additional lands and material as are necessary for the construc-
tion of such road or highway on such new line. If such other necessaiy lands
cannot be had otherwise, they may be condemned as provided in Title VII,
Part III, Code of Civil Procedure; and when compensation is made therefor,
the same becomes the property of the corporation. [See post, 11,237.]

5473. Corporations may consolidate.

Sec. 473. Two or more railroad corporations may consolidate their capital
stock, debts, proj)erty, assets, and franchises in such manner as may be agreed
upon by their respective boards of directors. No such amalgamation or con-
solidation must take place without the written consent of the holders of three
fourths in value of all the stock of each corporation; and no such amalgamation
or consolidation must in any way relieve such corporation or the stockholders
thereof from any and all just liabilities. In case of such amalgamation or con-
solidation, due notice of the same must be given, by advertisement for one
month in at least one newspaper in each county, if there be one published
therein, into or through which such roads run, and also for the same length of
time in one paper published in Sacramento and in two papers published in San
Francisco; and when the consolidation and amalgamation is completed, a copy
of the new articles of incorporation must be filed in the office of the secretary
of state.

5474. Slate lands granted for use of corporations.

Slc. 474. There is granted to every railroad corporation the right of way for
the location, construction, and maintenance of their necessary works, and for
every necessary adjunct thereto, over any swamp, overflowed, or other public
lands of the state not otherwise disposed of or in use, not in any case exceeding
in length or width that which is necessary for the construction of such works
and adjuncts, or for the protection thereof, not in any case to exceed two hun-
droil feet in width.

5475. (jraut not to emhrarr tovn lots.

Six. 475. The grants mentioned in the preceding section do not apply to
public lands of the state within the corporate limits of towns and cities, or
within three miles thereof.

5476. Wood, stone and earth may he taken from state lands.

Sec. 47G. The right to take from any of the lands belonging to the state,

(o) 0ri(,'in«l section: autlioritios, mviRt ever uso their road for street rail-

Hkc. 471. No railniad corporation, other than Btreet road purpoBCB, or for tlie piiri^ose of carryiii},' paeseu-

railroadh, uvniling itBelf of the provihions of tlie pre- gers lor a consideratiou from any point to another in

ceding Bettiou and acquiring right of way from city the same city.

642

RAILROAD CORPORATIONS. 547G-5480

adjacent to the works of the corporation, all materials, such as wood, stone and
earth, naturally appurtenant thereto, wliich may bo necessary and couvenient
for the original construction of its works and adjuncts, is granted to such cor-
porations.

5477. Lands to revert to stale, xchen.

Sec. 477. If any corporation receiving state lands or appurtenances there-
under is dissolved, ceases to exist, is discontinued, or the route or line of its works
is so changed as not to cover or cross the lands selected, or the use of the lands
selected is abandoned, such selected hinds revert, and the title thereto is rein-
vested in the state or its grantees, free from all such uses.

5473. Selections made, how proved and certified to.

Sec. 478. When any selection of the right of way, or land for an adjunct to
the works of a railroad corporation, is made by any corporation, tlie secretary
thei-eof must transmit to the surveyor-general, controller of state and recorder
of the county in which the selected lands are situate, a plat of the lands so
selected, giving the extent thereof and uses for which the same is claimed or
desired, duly verified to be correct; and, if approved, the surveyor-general must
so indorse the plat, and issue to the corj^oration a permit to use the same, unless,
on petition properly presented to the court, a review is had and such use pro-
hibited.

CHAPTEE III.

BUSINESS, HOW CONDUCTED.

5479. Checks to be affixed to all baggage.

Sec. 479. A check must be affixed to every package or parcel of baggage
when taken for transportation by any agent or emjaloyee of such railroad cor-
poration, and a duplicate thereof given to the passenger or person delivering
the same in his behalf; and if such check is refused on demand, the railroad
corpoi'ation must pay to such passenger the sum of twenty dollars, to be recov-
ered in an action for damages; and no fare or toll must be collected or received
from such passenger, and if such passenger has paid his fare, the same must be
returned by the conductor in charge of the train; and on producing the check,
if his baggage is not delivered to him by the agent or employee of the railroad
corporation, he ma}'^ recover the value thereof from the corporation.

5480. Annual repo7^t to be verified.

Sec. 480. Every i-ailroad corjwratiou must make an annual report to the sec-
retary of state, or other officer designated by law, of its operations for each
year, ending on the thirty-first day of December, verified by the oaths of the
president or acting superintendent of oj^erations, the secx-etary and treasm-erof
such corporation, and file it in the office of the secretary of state, or such
other designated officer, by the twentieth day of February, which 'must state:

1. The capital stock, and the amount thereof actually paid in;

2. The amount expended for the purchase of lands for the construction of
the road, for buildings, and for engines and cars, respectively;

3. The amount and nature of its indebtedness, and the amount duo the cor-
poration;

4. The amount received from the transportation of passengers, property,
mails, and express matter, and from other sources;

5. The amount of freight, specifying the quantity in tons;

6. The amount paid for repairs of engines, cars, buildings, and other expenses,
in gross, showing the current expenses of running such road;

7. The number and amount of dividends, and when paid;

G43

54S0-54S5 CIVIL CODE.

8. The number of engine houses and shops, of engines and cars, and their
character.

5481. Duties of corporation.

Sec. 481. Eveiysuch corporation must start and run their cars, for the trans-
portation of persons and property, at such reguLar times as they shall fix by
public notice, and must furnish sufficient accommodations for the transporta-
tion of all such passengers and jiroperty as, within a reasonable time previous
thereto, oflFer or is offered for transportation, at the place of starting, at the
junction of other raih'oads, and at siding and stopping places established for
receiving and discharging way passengers and freight; and must take, trans-
port, and discharge such passengers and proiierty at, from, and to such places,
on the due jjayment of tolls, freight, or fare therefor.

5482. Corporation to pay damages for refusal.

Sec 482. In case of refusal by such coi-poration or their agents so to tate and
transport any passengers or property, or to deliyer the same, at the regular ap-
pointed places, such corporation must pay to the party aggrieved all damages
which are sustained thereby, with costs of suit.

5483. Inside room for passengers, etc. — Passengers on freight cars.

Sec 483. Every railroad corporation must furnish, on the inside of its pas-
senger cars, sufficient room and accommodations for all passengers to whom
tickets are sold for any one trip, and for all jDcrsons presenting tickets entitling
them to travel thereon; and when fare is taken for transporting passengers on
any baggage, wood, gravel, or freight car, the same care must be taken and the
same i-esponsibility is assumed by the coi-poration as for passengers on passen-
ger cars.

5484. Printed rules and regulations.

Sec 484. Every railroad corporation must have printed and conspicuously
posted on the inside of its passenger cars its rules and regulations regarding
fare and conduct of its passengers; and in case any passenger is injured on or
from the platform of a car, or on any baggage, wood, gravel, or freight car, in
violation of such printed regulations, or in violation of j^ositive A-erbal instiiic-
tions or injunctions given to such passenger in person by any officer of the train,
the coi-jioration is not responsible for damages for such injuries, unless the cor-
poration failed to comply with the provisions of the preceding section.

5485. Fences — Damages.

Sec 485. Railroad corporations must make and maintain a good and sufficient
fence on either or both sides of their track and property. In case they do not
make and maintain such fence, if their engine or cars shall kill or maim any
cattle or other domestic animals upon their line of road which passes through
or along the property of the owner thereof, they must pay to the owner of such
cattle or other domestic animals a fair market price for the same, unless it
occurred throtigh the neglect or fault of the owner of the animal so killed or
maimed. Railroad corporations paying to the owner of the land through or
along which their road is located an agreed price for making and maintaining
bucIj fence, or paying the cost of such fence with the award of damages allowed
for the right of way for such railroad, are relieved and exonerated from all
claims for damages arising out of the killing or maiming any animals of persons
who thus fail to construct and maintain such fence; and the owners of such
animals are responsible for any damage or loss which may accrue to such cor-
poration from such animals beiug upon their railroad track, resulting from the
non-construction of such fence, unless it is shown that such loss or damage
occun-ed through the negligence or fault of the coiijoration, its officers, agents,
or employees.

G44

RAILROAD CORPORATIONS. 5^80-5490

5486. Bell and other regulations of trai)i!>.

Skc. -480. A bell, of at least twenty pounds weight, must be placed on each
locomotive engine, and be rung at a di.stance of at least eighty rods from the
place where the railroad crosses any street, road, or highway, and bo kept ring-
ing until it has crossed such street, road, or highway; or a steam whistle must
be attached, and be sounded, except in cities, at the like distance, and be kr-[,t
sounding at intervals until it has crossed the same, under a penalty of one hun-
dred dollars for every neglect, to be paid by the corporation operating the rail-
road, which may be recovered in an action prosecuted by the district attorney
of the proper county, for the use of the state. The corporation is also liable
for all damages sustained by any person, and caused by its locomotives, fi.iiii,
or cars, when the provisions of this section are not complied with.

5487. Passenger refusing to pay fare.

Sec. 487. If any passenger refuses to pay his fare, or to exhibit or suirender
his ticket, when reasonably requested so to do, the conductor and employees of
the corporation may put him and his baggage out of the cars, using no unneces-
sary force, at any usual stoppiug-place, or near any dwelliug-house, on stojipiug
the train.

5438. Officers to ivear badge.

Sec. 488. Every conductor, baggage master, engineer, brakeman, or other
employee of any railroad corjDoratiou, employed on a passenger train or at sta-
tions for passengers, must wear upon his hat or cap, or in some conspicuous
place on the breast of his coat, a badge, indicating his office or station, and the
initial letters of the name of the corporation by which he is employed. No
collector or conductor, without such badge, is authoiized to demand or to receive
from any passenger any fare, toll, or ticket, or exercise any of the powers of
his office or station; and no other officer or employee, without such badge, has
any authority to meddle or interfere with any passenger or propert}'.

5489. Bates of charges.

Sec. 489. All railroad corporations must fix and publish their rates of charges
for freightage and fares from one depot to another, on their various lines of road
in this state, graduated as follows:

1. One rate of charges per mile for a distance of one hundred miles or over;

2. One rate for a distance of seventy five and less than one hundred miles,
charging not exceeding ten per cent, per mile more than the first rate.

3. One rate for a distance of fifty and less than seventy-five miles, charging
not exceeding fifteen per cent, per mile more than the first rate;

4. One rate for a distance of twenty-five and less than fifty miles, charging
not exceeding twenty per cent, per mile more than the first rate;

5. One rate for a distance not exceeding twenty-five miles, charging not
exceeding twenty -five per cent, per mile more than the first rate.

But in no case, nor in any class of charges hereinbefore named, shall any
railroad corporation charge or receive more than ten cents per mile for each
passenger, nor fifteen cents per mile for each ton of freight transported on its
road. For every transgression of these limitations the coi-poration is liable, to
the party sufferiug thereby, treble the entire amount of fare or freightage so
charged to such party. In no case is the corporation recpiired to receive less
than twenty-five cents for any one lot of freight for any distance.

5490. Passenger tickets, how issued, and to be good for si.r tnonth.^.

Sec. 490. Eveiy railroad corporation must provide, and, on being tendered
the fare therefor fixed as provided in the preceding section, furnish to eveiy
person desiring a passage on their passenger cars a ticket which entitles the
pmxhaser to a ride, and to the accommodations provided on their cars, from

G45

5490-5491 CIVIL CODE.

the depot or station where the same is purchased to any other depot or station
on tlie line of their road. Every such ticket entitles the holder thereof to ride
on their passenj^er cars to the station or depot of destination, or any iuteruae-
diatc station, and from any intermediate station to the depot of destination
designated in the ticket, at any time within six months thereafter. Any corpo-
ration failing so to provide and furnish tickets, or refusing the passage which
the same calls for when sold, must pay to the j)erson so refused the sum of two
hundred dollars.

5491. Character of iron rail to he used.

Sec. 491. All railroads, other than street railroads and those used excliTsively
for carrying freight or for mining purposes, built by corjiorations organized
under this chapter, must be constructed of the best quality of iron or steel rails,
known as the T or H rail, or other pattern of equal utility. [Aviendmenf^ ap-
proved Jllarch 30, 1874; Amendments 1873-4, 212; took effect July 1, 1874.'"'

An Act to provitle for the appoiutiueiit of commissioners of trausportatiou, to fix the maxi-
mum charges for fruights and fares, and to prevent extortion and discrimination ou raih'oads

in this state.

Approved April 3, 1876; 1875-G, 783.

CHAPTER ONE.

Governor to appoint three commissioners.

Skction 1. On or before the fifteenth day of May, eighteen hundred and sev-
enty-six, the governor shall appoint three competent persons, to be stj'led com-
missioners of transportation, who shall hold office for the peiiod of two years
and until their successors are appointed and qualified. The persons who are
so appointed shall have no official connection with, nor be in the employ of any
railroad corporation or conipany, nor shall they, during their term of office, ow^n
or be interested in the stock, bonds or other property thereof. Said commis-
sioners shall have their office in the state capitol building, at Sacramento.

Oath and bond of commissioners.

Sec. 2. Befoi-e entering upon the discharge of the duties of their office, each
of said commissioners shall take an oath or affirmation to support the constitu-
tion of the United States and of this state, and to faithfully and honestly dis-
charge his duty as such commissioner, and that he is not an officer, stockholder
or employee of any railroad, or in any way interested therein, or a stockholder,
officer or employee, or in any way interested in any express or freight company
doing business on any of the railroads in the United States, and the said com-
missioners shall Ije citizens of this state; they shall each execute and file with
the secretary of state an official bond, with good and sufficient sureties, to be
ai)i)roved by the governor, in the penal sum of ten thousand dollars, conditioned
for the faithful performance of their duties under this act.

Salariex.

Skc. 3. The salary' of each commissioner shall be three thousand dollars per
annum, to be paid by the State of California in the same manner as the salary
of otlier state officers are paid. They shall have power to elect one of their
number i)reKidcnt of said board, to employ a secretary at a salary of not exceed-
ing eighteen hundred dollars per annum, and shall be allowed a contingent
fund of not exceeding twenty-five dollars per month to defray the necessary
expenses of fuel and stationery; the commissioners and their secretary shall be
tra7isported, in the discharge of their duties, over the various railroads owned
by corporations within tliis state, free of charge.

(o) The original Bcctlon did not have the words " or stoel."

G46

RAILROAD CORPORATIONS. 5491

Commissioners to examine roads, bridges, etc., and report needed rejinirs.

Sec. 4. It shall be the duty of such commissioners, whenever tlioy shall deom
it necessaiy, to inspect all railroads, operated by steam power, within tliis stiite,
and to examine the same with reference to the security and accomiii<iduti<in of
the public; and if, on such examination, in their opinion any of the trucks,
bridges or other structures or works thereof, are untit for the transportation of
passengers with reasonable safety, it shall be their duty to give to the superin-
tendent, or other executive officer of the company working or operating said
defective track, bridge or other structure, notice of the condition tlicreof and
the rej^airs necessary to place the same in a safe condition; and if any superin-
tendent, or other executive officer aforesaid, receiving such notice and order,
shall willfully neglect to commence repairing the same for the period of two
days after receiving such notice and order, such superintendent or other execu-
tive officer, shall be deemed g"nilty of a misdemeanor.
Petitions for stations, side-tracks, etc.

Sec. 5. Whenever a petition, signed in good faith by fifty or more ]n-operty-
holders residing within ten miles of any proposed station, switch or side-track,
shall be presented to the commissioners, praying for the establishment of a new
station, switch or side-track, the commissioners shall notify the managers of
such railroad of such petition, and appoint a time and place for hearing the
same. Should the corporation neglect or refuse to comply with the award of
the commissioners, it shall forfeit the sum of one hundred dollars per day from
the time fixed by the commissioners for the completion of the work required,
until such work shall be actually completed, to be recovered to the use of the
state by suit instituted by said commissioners in any court of competent juris-
diction; provided, that said commissioners shall not require such new station,
switch or side-track to be established within less than six miles of one already
established.

Statement of rates of freight and fare.

Sec. 6. Within thirty days after the appointment of said commissioners, they
shall cause a copy of this act to be served upon every such railroad corporation
engaged in the business of transportation within this state; Avithin ten days
after the receipt of such notice, it shall be the duty of such corporation respect-
ively to file with the commissioners, and in the office of the secretary of state,
and in the office of the county clerk of each county in which the road is located,
a copy, verified by the oath or affirmation of the president, or other chief exec-
utive officer, of all and singular the tariffs and rates of freight, passage money,
commutation rates and charges, together \vith copies of all their rules, regula-
tions and instructions to employees, concerning the carriage of persons and
merchandise, under which the road was being operated on the first day of Jan-
uary, eighteen hundred and seventy-six; and it shall not be lawful for any of
said corporations to increase any rates of freight or passage, or to raise the
classification of any species of goods, or to change any rule or instruction to em-
ployees in such manner as to increase the cost of transportation over and above
the rates charged in such tariff or in use on the first day of January, eighteen
hundred and seventy-six; provided, nevertheless, that any such railroad com-
pany may issue excursion tickets at reduced rates, for special trains, or between
certain places, and for a fixed time.
Railroad companies to furnish information to commissioners.

Sec. 7. The several transportation companies or corporations operating any
railroad in this state, the cars on which are propelled by steam, shall at all
times, on demand, furnish to the commissioners any and all information re-
quired of them, concerning the condition, management, aud operation of the

647

5491 CIVIL CODE.

railroads under their control respectiveh", and particularly with copies of all
leases, eontracts, and agreements for transportation with express companies or
otherwise, to which they are parties. The commissioners shall cause blanks to
be prej^ared proposing questions calculated to elicit facts and statistics, from
which may be deduced the results hereinafter specified as necessary to be accu-
rately known by the people and the legislature; such blanks shall be furnished
to the several corporations in season to be filled in and returned to the commis-
sioners on or before the first da}^ of October of each year. They shall be sworn
to by the j^resident or other executive officer, and by the auditor, secretary, or
principal bookkeeper of the corporation making the same, respectively. They
shall be tabulated by the commissioners, and the reports, together with the
tabulations thereof and the deductions therefrom, and the record of all the
matters herein required to be reported to the legislature, with the drafts of all
such bills as the commissioners desire to recommend for passage, shall be sub-
mitted to the legislature on the first day of the next session thereof.

Animal reports of companies must stdte.

Sec. 8. It is hereby made the duty of the president, or other executive officer,
in charge of each and every railroad company having a line of railroad in this
state, to make an annual report to the commissioners for the year ending on the
thirtieth day of June preceding, which report shall state:

Stock and debts.

1. The amount of capital stock paid in.

2. The amount of capital stock unpaid.

3. The amount of funded debt.

4. The amount of floating debt.

Cost of road and equipments.

5. Cost of construction.
G. Cost of right of way.

7. Cost of equipment.

8. All other items embraced in cost of road and equipments, not embraced in
the preceding schedule.

Characteristics of road.

9. Length of single main track laid with iron or steel.

10. Length of double main track.

11. Length of branches, stating whether they have single or double track,

12. Aggregate length of sidings and other tracks not above enumerated;
total length of iron embraced in preceding heads.

13. Maximum grade, with its length in main road, and also in branches.

14. The shortest radius of curvature and locality of each curve, with length
of curve in main road, and also in branches.

15. Total degrees of curvature in main road, and also in branches.
IG. Total length of straight line in main road, and also branches.

17. Number of wooden bridges, and aggregate length in feet.

18. Number of iron bridges, and aggregate length in feet.

19. Number of stcme bridges, and aggregate length in feet.

20. Number of wooden trestles, and aggregate length in feet.

21. The greatest age of wooden bridges.

22. The average age of wooden bridges.

23. The greatest age of wooden trestles.

24. The number and kind of new bridges built during the year, and length
in feet.

25. The length of road unfenced on either side, and the reason therefor.

G48

RAILROAD CORPORATIONS. 5491

26. Number of engines.

27. Number of passenger cars.

28. Number of express and baggage cars.

29. Number of freight cars.

30. Number of other cars.

31. The highest rate of speed allowed by express passenger trains when in
motion.

32. The highest rate of speed allowed by mail and accommodation trains
when in motion.

33. The highest rate of speed allowed by freight trains when in motion.

34. The rate of fare for through passengers charged for the respective classes
per mile.

35. The rate of fare for local passengers charged for the respective classes
per ruile.

36. The highest rate per ton per mile charged for the transportation of the
various classes of through freight.

37. The highest rate per ton per mile charged for the transportation of the
various classes of local freight.

Doings of the year.

38. The length of new iron or steel laid during the year.

39. The length of re-rolled iron laid during the year.

40. The number of miles run by passenger trains.

41. Tlie number of miles run by freight trains.

42. The number of through passengers carried in cars.

43. The number of local passengers carried in cars.

44. The number of tons of through freight carried.

45. The number of tons of local freight carried.

E arnings for the year.

46. From transportation of through passengers.

47. From transjDortation of local passengers.

48. From transportation of through freight.

49. From transportation of local freight.

50. From mail and express.

51. From all other sources; total earnings for the year.

Expenditures for the year.

52. For construction and new equipment.

53. For maintenance of way and structures.

54. For transportation expenses, including those of stations and trains.

55. For dividends: rate per cent, and amount.

56. 57, 58, 59, 60. All other expenditures.

61. Total expenditures during the year.

62. The number and kind of farm animals killed, and amount of damages
paid therefor.

63. A statement of all casualties resulting in injuries to persons, and the ex-
tent and cause thereof; and such other and further information as may bo
required by the commissioners.

Penalty for neglect to comply.

Sec. 9. Any transportation company, subject to the provisions of this act,
which shall neglect or refuse to make and file its report, as provided in section
eight of this act, or shall neglect or refuse to file its tariffs of freights and fares
with the commissioners, as provided in section six of this act, shall forfeit and
pay to the State of California the sum of not less than one hundi-ed nor more

649

5491 CrS'IL CODE.

thau OBG thousand dollars for each and every day of such neglect or refusal,
the same to be recovered by suit in any court of comj)etent jurisdiction.
FrosfcuHon.

Sec. 10. All i^rosecutions against any transportation company, railroad com-
pany, or any officer or employee thereof, for forfeitures, jienalties, or fines, for
the violation of any of the laws relating to said comj^anies or roads, shall be
by action in the name of the jDeople of the State of California, and it shall be
the duty of such commissioners to bring in any couii of competent jui-isdiction
all such actions.

Commiitsitmers may examine books of companies.

Sec. 11. Each commissioner shall have power, thereunto authorized by the
board, to examine the books and paj^ers of any railroad corporation or line,
and, also, any railroad officer, agent, or emplo3ee, under oath, concerning the
condition, management, and oi)eratiou of the railroads under their direction
and control; and it is hereby made the duty of the superintendent of each
transjjortation and railroad company in the state to notify said commissioners,
by telegraph, of all accidents, immediately ujdou their occurrence.

Comminsionei's may fix route in cities and towns.

Sec 12. Whenever the directors of any railroad company shall fail to agree
with the municipal authorities of vcxxj town or city, as to the route of their rail-
road in any such town or citj', either party may petition the commissioners of
transportation to fix the route in said town or city, and said commissioners,
after due notice to the other party, shall hear the case, and fix the route in such
town or cit3^

Certain cases to he decided by commissioners.

Sec. 13. It shall be the dut}' of the commissioners of transportation, upon
the petition of either party, after twenty days' notice to the other, to hear and
decide the following cases: The compensation to be paid by one railroad to
another for transporting passengers, merchandise, and cars. To fix such
periods and time-tables, having reference to the convenience and interest of the
corporation, and the public to be accommodated thereby. To determine what
accommodations are required; and, also, the compensation to be paid for the
use of terminal accommodations, and for the receiving, transferring, and for-
warding of passengers and freight.
Awards of commissioners to be binding.

Sec 14. Any award made by the commissioners of transjiortation shall be
binding upon the respective corporations and joarties interested therein, until
the same shall have been revised or altered by said commissioners, or reversed
on a2:)peal to the supreme court, as hereinafter iDrovided.
Awards subject to revision.

Sec 15. Any award made by the commissioners of transportation shall be
returnable, with the evidence, on the request, in writing, of any party affected
thereby, and filed, within thirty days after rendering of such award, in the
county court of the county in which the controversy arose, and shall be there
subject to revision, in the same manner as if the said commissioners had derived
their jtower to act in the premises under the appointment of said court, with
the right of appeal to the supreme court, as in other cases.

Suits to recover pe7ialties.

Sec. 1G. It shall be the duty of the district attorneys of the several counties
within, into, or through which any railroad runs, or is located, or worked, upon
being insti-ucted by said commissioners, to sue for and recover all penalties
for the violation of the railroad laws of this state.

G50

RAILEOAD CORPORATIONS. 5491

Claffs of railroads liable.

Sec. 17. The i:)rovisious of tliis act shall ho applicahle to railroads, the cars
of which are proj^elled by steam, now or liereafter to ho operated liy corpora-
tions, trustees, companies, or individuals, in this state.

Pi'inting of report.

Sec. 18. There shall be printed two thousand five hinidrod copicH of the re-
port of the commissioners of transportation.

Governor may remove commissioners.

Sec 19. The governor shall remove the commissioners of transportation at
any time, when he becomes satisfied that it is for the public good.

CHAPTEK n. — OF EXTORTION AND DISCRIAHNATION.

Extortion defined.

Section 1. A railroad company shall be deemed guilty of extortion in the
following cases:

1. When it shall knowingly or willfully charge, demand, or receive from any
passenger, as his fare from one station or place to another, any greater sum
than is specified as the fare between such stations or places, for the same class
of passage and in the same direction, in its tariff of fares on file with the board
of transj^ortation commissioners;

2. "When it shall knowingly or willfully charge, demand, or receive from any
person or persons, as the rate of freight on goods or merchandise, any greater
sum than is sjDecified as the rates for the like quantity of goods or merchandise
of the same class, between the same places and in the same direction, in its
printed tariff of freights on file with said commissioners;

3. When it shall knowingly or willfully charge, collect, or receive from any
person or persons, a greater amount of rate of toll or compensation than it shall
at the same time charge, collect, or receive from any other persons for receiv-
ing, handling, storing, or delivering freight of the same class and like quantity,
at the same place;

4. When it shall knowingly or willfully charge, demand, or receive from any
person or persons, any greater sum for passage or freight than from any other
person or persons, at the same time, between the same places, in tlie same
direction, for the same class of passage, or for the like quantity of goods of the
same class;

5. When it shall knowingly or willfully charge, demand, or receive as com-
pensation for receiving, storing, handling, or delivering, or for transporting
any lot of goods or merchandise, any greater sum than it shall, by or through
any of its authorized agents, wherever situated, have agreed to charge for such
service previously to the performance thereof.

Unjust discrimination defined.

Sec 2. A railroad company shall be deemed guilty of unjust discrimination
in the following cases:

1. When it shall directly, knowingly, or willfully charge, demand, or receive
from any person or persons, any less sum for passage or freight than from any
other person or persons (except as in this act hereinafter provided), at the same
time, between the same places, and in the same direction, for the like class of
passage, or for the like quantity of goods of the same class;

2. When it shall, directly or indirectly, knowingly or willfully charge,
demand, or receive from any person or persons, as compensation for receiving,
handling, storing, or delivering any lot of goods or merchandise, any less sum
than it ''shall charge, collect, or receive from any other person or persons, for

651

5491 CIVIL CODE.

the like service, to a like quantity of goods of the same class, at the same

place.

Free passes.

Sec. 3. It shall be unlawful for any such railroad company to grant free
passes for travel within this state, exce^jt to the following persons:

1. Directors, officers, agents, and employees of the company, and their
families;

2. Officers and agents and railroad contractors of other railroads or telegraph
companies;

3. Destitute persons;

4. The members of the board of transportation, commissioners of the State
of California, their secretary, attorney, and employees, while traveling in the
discharge of their official duties;

5. Public messengers, troops, and other persons, who are, under existing
laws or any contract of such railroad company with this state, to be transported
free of charge.

Every such railroad company shall keep a record of all free passes issued by
it, except such as are issued by it to officers, agents, employees, and their
families, and of the several classes thereof, and of the number of times each
pass shall be used, and shall rejDort the same to the transportation commis-
sioners whenever required.
Penally for extortion.

Sec. 4. If any such railroad company shall be guilty of extortion, as defined
in this act, it shall forfeit and pay to the person or persons aggrieved three
times the amount of the damages sustained by him or them, together with the
costs of suit, to be recovered in any court of competent jurisdiction. It shall
be the duty of the board of transportation commissioners to prosecute all such
suits for the plaintiff.
Penalty for discrimination.

Sec. 5. If any such railroad comj^any shall be guilty of unjust discrimination,
as defined in section two of this chapter, it shall forfeit and pay the sum of one
thousand dollars for each offense, to be recovered on complaint of the board of
transportation commissioners, as in the last section provided. All forfeitures
under this section shall be paid into the state treasury for the benefit of the
public schools of the state.

Penalty for unlawful issue of passes.

Sec G. Any such railroad company that issues free passes to any person or
persons other than those specified in section three of this chapter, or shall
permit any person whatever to travel free upon their cars, except upon the
exhibition of free passes issued as provided in said section, shall forfeit and pay
for each offense the sum of one hundred dollars, to be recovered and paid over,
one half to the state treasurer, and the other half to the informer, as in the last
section provided.
Prosecutions for violation.

Sec. 7. "Whenever it shall come to the knowledge of the board of transi:)or-
tation commissioners that the provisions of this act are violated by any such
railrf)ad corporation in this state, it shall be their duty to investigate the charge;
and whenever, in their judgment, the facts warrant prosecution, it shall be
their duty to immediately cause suits to be commenced and prosecuted against
any such corjxiration which shall have been guilty of such violation. Such suits
may be brought in any court of competent jurisdiction. All such suits shall
be prosecuted by the district attorney of the county where such action is
brought.

G52

STREET RAILROAD CORPORATIONS. 5401-5408

Stop-over tickets.

Sec. 8. Any person traveling upon any such railroad in this state, desiring to
stop over at any station between the point of his departure and destination,
shall, upon request, be entitled to receive from the conductor of llje train,
without further charge thereon, a stop-over ticket, which shall be good for tlio
remainder of his journey, and may be used at any time within six months after
it shall have been issued.
Act, hoio applied.

Sec. 9. The j^rovisions of this act shall be deemed ppplicable to such railroads
as herein mentioned, whether operated by corporations, trustees, or own<r or
owners not incorporated.

Sec. 10. This act shall take effect and be in force from and after its passage.

TITLE lY.

5497. Authority to lay street railroad track, hoiv obtained.

Sec. 497. Authority to lay railroad tracks through the streets and public
highways of any incorporated city or town may be obtained, for a term of years
not exceeding fifty, from the trustees, covmcil, or other body to whom is in-
trusted the government of the city or tow^n, under such restrictions and limita-
tions, and upon such terms and payment of license tax, as the city or town
authority may provide. In no case must permission be granted to propel cars
upon such tracks otherwise than by horses, mules, or by wire ropes running
under the streets and moved by stationary steam engines, unless for special
reasons, as hereinafter provided. [Ameiid^nent, approved March 0, 187G; Amend-
ments 1875-6, 76; took effect from, pasmge.''''^

5498. Conditions, on grant of rigid of ivay.

Sec. 498. The city or town authorities, in granting the right of way to street
railroad corporations, in addition to the restrictions which they are authorized
to impose, must require a strict compliance with the following conditions, ex-
cept in the cases of prismoidal or other elevated railways. In such cases
said railway shall be required to be constructed in such a manner as will
present the least obstruction to the freedom of the streets on which it njay be
erected, when allowed by the granting power:

1. To construct their tracks on those portions of streets designated in the
ordinance granting the right, which must be as nearly as possible in the middle
thereof;

2. To plank, pave, or macadamize the entire length of the street used by
their track, between the rails, and for two feet on each side thereof, and between
the tracks, if there be more than one, and to keep the same constantly in repair,
flush with the street, and with good crossings;

3. That the tracks must not be more than five feet wide within the rails, and
must have a space between them sufficient to allow the cars to pass each other
freely. [Amendment, approved April 3, 1876; Amendments 1875-G, 77; took
effect from passage.'-'"''

(a) The original section did not have the words " or er;" nor the words, in the second ^ubdivlslon._ " and
by wire ropes runuiog under the streets, and moved by between tlie tracl^H. it thero be '""r<; {^^" ""«; .J^?.
stationary steam engines." third subdiviscn ^1»'' ^^^''t ^ inXln of • lltw/^n

(b) The original section did not have the words " ex- and read " between the track instead of between
cent in the cases of prismoidal or other elevated rail- them." ^ j i,., .„* „# AT-i-^h <in itni.
ways. In such cases said railway shall be required to It was previously amended by act of March M1K74 ,
be coustrurted in such a manner as will present the Amendments 18,:i-l. "^y^- ^^J »« t"/*"" ^ ,^vp tLfwords
least obstruction to the freedom of the street on which ment in the test except that it d^ tot ba^ e the words
it may be erected, when allowed by the granting pow- first above quoted, commencing with excepx.

653

5499-5506 CIVIL CODE.

5499. Two corporations may use (he same track.

Sec. 499, Two corporations may be permitted to use the same street, each
paying- an equal portion for the construction of the track; but in no case must
two raih-oad corporations occuj)y and use the same street or track for a distance
of more than five blocks.

5500. Crossing tracks.

Sec. 500. Any proposed railroad track may be permitted to cross any track
already constructed, the crossing being made as provided in Chapter II, Title III,
of this Part. In la^-ing down the track and preparing therefor, not more than
one block must be obstructed at any one time, nor for a longer period than ten
working days.

5501. Bates of fare, speed, etc.

Sec. 501. The rates of fare on the cars must not exceed ten cents for one
fare, for any distance under tbree miles. The cars must be of the most
approved construction for comfort and convenience of passengers, and pro-
vided with brakes to stop the same, when required. The rate of speed must
not be greater than eight miles per hour. A violation of the provisions of this
section subjects the corporation to a fine of one hundred dollars for each
oll'ense.

5502. Time allowed for co^npletion of ivork of laying down track.

Sec 502. "Work to construct the railroad must be commenced within one
year from the date of the ordinance granting the right of way and the filing of
articles of incorporation, and the same must be completed within three years
thereafter. A failure to comply with these jDrovisions works a forfeiture of the
right of way as well as of the franchise, unless the uncompleted portion is
abandoned by the corporation, with the consent of the authorities granting
the right of way — such abandonment and consent to be in writing.

5503. May make further regulations and rules.

Sec 503. Cities and towuis in or through which street railroads run may
make such further regulations for the government of such street railroads as
may be necessaiy to a full enjoyment of the franchise and the enforcement of
the conditions provided herein.

5504. Penalty for overcharging.

Sec 504. Any corporation, or agent or employee thereof, demanding or
charging a greater sum of money for fare on the cars of such street railroad
than that fixed, as i^rovided in this title, forfeits to the person from whom such
sum is received, or who is thus overcharged, the sum of two hundred dollars,
to be recovered in a civil action, in any justice's court having jurisdiction there-
of, against the corporation.

5505. 2b provide and furnish passenger tickets.

Sec. 505. Every street railroad coi-poration must provide, and, on request,
furnish to all persons desiring a passage on its cars, any required quantity of
passenger tickets or checks, each to be good for one ride. Any corporation
failing to provide and furnish tickets or checks to any person desiring to pur-
chase the same at not exceeding the rate hereinbefore prescribed, shall forfeit
to such pei-son the sum of two hundred dollars, to be recovered as provided in
the preceding section. [AmendmeiU, approved March 30, 1874; Amendments
lH13-i, 21'.); took el/Wl July 1,1H14:.'''^ ■ *

5506. Prima facie evidence of agency.

Sec 500. Upon the Irial of an action for any of the sums forfeited, as pro-
fa) The orlKinal Bcction had "60" before the second " ijrovide," and instead of " iirescribcd, shall forfeit"
had " fixed, uiubt ijay."

G54

STREET RAILEOAD CORPORATIONS. 550G-5511

vided in the two i^receding sections, proof that the person dt'iiiaiidin^' or receiv-
ing the money as fare, or for the sale of the ticket or check, was at the time of
making the demand or receiving the money, engaged in an (jfficc c.f the corpo-
ration, or vehicle belonging to the corporation, shall be i)nnia faci(; evidence
that such person was the agent, servant, or employee of the corporation, to
receive the money and give the ticket or check mentioned. [Amni(biirnt, ap-
proved Mai'ch 30, 1874; Ammdmenls 1873-4, 213; took effect July I, 1874. '*' '

5507. Bights reserved to city or town.

Sec. 507. In eveiy grant to construct street railroads, the riglit to grade,
sewer, pave, macadamize, or otherAvise improve, alter, or repair the streets or
highways, is reserved to the corporation, and cannot be alienated or impaired;
such work to be done so as to obstruct the railroad as little as possible; and, if
required, the corporation must shift its rails so as to avoid the obstructions
made thereby. [Amendnwnt, approved March 30, 1874; Anxendvxcrds 1873-4,
214; took effect July 1, 1874.^"'

5508. License to be paid to city or toion.

Sec. 508, Each street railroad corporation must pay to the authorities of the
city, town, county, or city and county, as a license upon each car, such sum ap
the authorities may fix, not exceeding fifty dollars per annum in the city of San
Francisco, nor more than twenty-five dollars per annum in other cities or towns.
Where any street railroad connects or runs through two or more cities or towns,
a projiortionate or equal share of such license tax must be paid to each of the
cities or towns; and no such license tax is due the county authorities where the
same is paid to any city or town authority.

5509. Track for grading pnirposes.

Sec. 509. The right to lay down a track for grading purposes, and maintain
the same for a period not to exceed three years, may be granted by the cor-
porate authorities of any city or town, or city and county, or supervisors of any
city or county, but no such track must remain more than three years upon any
one street; and it must be laid level with the street, and must be ojjerated under
such resti'ictions as not to interfere with the use of the street by the public.
The corporate authorities of any city or town, or city and county, may grant
the right to use steam or any other motive power in propelling the cars used on
such grading track, when public convenience or utility demands it, but the
reasons therefor must be set forth in the ordinance, and the right to rescind the
ordinance at any time reserved.

5510. What provisions of Title III are applicable to street railroads.

Sec. 510. Street railroads are governed by the provisions of Title III of this
Part, so far as they are applicable, unless such railroads are therein specially
excepted. [Amendment, approved March 30, 1874; Amendments 1873-4, 214;
took effect July 1, 1874.^^^

5511. Title applicable to natural persons alike with corporations.

Sec. 511. When a street railroad is constructed, owned, or operated by any
natural person, this title is applicable to such person in like manner as it is
applicable to corporations.

(a) Originalsection: iJig the right to construct Btreot railroads within Its

Sec. 5i)(;. Upon the trial of any action for the for- limits. nuiKt reserve the rit'ht to gruie, sewtr. paNe.

feiture named in the two preceding sectione, proof macadamize or otherwise iiupiove. alter or rcpsT the

that the person demanding or receiving such sum of streets ur highways permitted to ^'J' "•-^•' /'y "''; ''"j}'";

money as fare, or for the sale of such ticket or check, ration, the work to be so done by the i .t> or t<'»n •« to

was, at the time of making such demand or receiving obstruct the railroad as bttle as I'^'^^h '''• "^'' ^'''^°

such moneys, engaged on or at any car, omnibus, or sm-h works make the same °«|-;«f jyj "'«, '°^"" i^°

vehicle of af,y railroad belonging to such corporation, is must shift its rails so as to avoid tUoobbtructlouu made

primary evidence that such person so demanding or thereby.

receiving such moneys was the agent, servant, or em- (c) Original section:

ployee of the corporation so owning, using or employ- Skc. MO. All the provisions ^f T'"« "J "L n streH

ing such rii Iron d are api)licable to street railroads, unlesn wh< n' strett

(6r(Sigrnarsectionr railr^a'ds are therein speciaUy except, d, „r .he pre.

Sec. 5U7. Every city, town, or city and county, grant- visions are palpably inapplii-aOle.

655

5512-5515 Cn^IL CODE.

TITLE Y.

5512. Three commissioners to act ivifh surveyor.

Sec. 512. "Where a coi-poration is formed fc^r the construction and mainte-
nance of a wagon road, the road must be laid out as follows:

Three commissioners must act in conjunction with the surveyor of the cor-
poration, two to be a2:)pointed by the board of supervisors of the county
through which the road is to run, and one by the corporation, who must lay
out the proposed road and report their proceedings, together with the map of
the road, to the suj)en'isors, as j)rovided in the succeeding section. [Amend-
ment, approved March 30, 1874; Amendments 1873-4, 214; took effect July 1,
1874.<''>

5513. Survey and map to he filed and approved by supervisors.

Sec. 513. "When the route is surveyed, a map thereof must be submitted to
and filed with the board of supervisors of each county through or into w^hich
the road runs, giving its general course and the principal points to or by which
it runs, and its width, which must in no case exceed one hundred feet, and the
superA-isors must either approve or reject the sui"vey. If apjiroved, it must be
entered of record on the journal of the board, and such approval authorizes the
use of all public lands and highways over which the survey runs; but the board
of supervisors must require the corporation, at its own expense, and the corpo-
ration must so change and open the highway so taken and used as to make the
same as good as thej were before the appropriation thereof; and must so con-
struct all crossings of public highways over and by its road, aud its toll gates,
as not to hinder or obstruct the use of the same.

5514. lolls, etc., to be collected.

Skc. 514. All wagon road corporations may bridge or keep ferries on streams
on the line of their road, and must do all things necessary to keep the same in
repair. They may take such tolls only on theu* roads, ferries or bridges, as are
fixed by the board of supervisors of the proper county through which the road
passes, or in which the ferry or bridge is situate, except that in the counties of
Klamath, Butte, Del Norte, Plumas, Humboldt and Sierra, the directors may
fix their own tolls; but in no case must the tolls be more than sufficient to pay
fifteen per cent, nor less than ten per cent, per annum on the cost of construc-
tion, after paying for rej^airs and other expenses for attending to the roads,
bridges or ferries. If tolls, other than as herein provided, are charged or de-
manded, the corporation forfeits its franchise and must pay to the pai-ty so
charged one hundred dollars as liquidated damages. [Amendment, approved
3Iarch28, 1874; Amendments 1813-4:, 272; took effect sixtieth day after passage. '^^'^

5515. No tolls to be cliarged on Jilyhioays or ji^Mic roads.

Sec 515, When any highway or public road is taken and used by any wagon
road corporation as a part of its road, the corporation must not place a toll gate
on or take tolls for the use of such highway or public road by teamsters, trav-
elers, drovers, or any one transporting property over the same.

(a) The original septlondld not have the first clause specified counties to "fifteen per cent, per annum of
do^^Ti to and including the words " as follows." After the amount invested in the coustruction of its road,
the last "superviBors" it had the words "who ap- including therein the cost of its bridges and ferries,
pointed them." and a dividend among the stocliholders equal to twelve

(b) The original section. In addition to the counties per cent, per annum upon tlie amount bo invested,"
named above, had also " Trinity, Shasta," and " Bislii- etc But this amendment, by operatiim of sectiun "287
you." of the amendatory act (Amendments 187S-4, 'iO'J; post,

It was amended by act of March 30, 1R74 f Amend- 8180^, seems never to have taken effect,
ments 187;i-i, 21i), so as to restrict the tolls in the

G56

WAGON KOAD CORPORATIONS. 551G-5522

5516. Bates of toll to he jiosted at gate.

Sec. 516. The corporation must affix and keep up, at or over each gate, or in
some conspicuous place, so as to be conveniently retul, a printetl list of the
rates of toll levied and demanded.

5517. Toll gatherer may detain persons until they pay toll.

Sec. 517. Each toll gatherer may prevent from passin-,' throu^^di his ^';ite per-
sons leading or driving animals or vehicles subject to toll, until they shall huvo
paid, respectively, the tolls authorized to be collected.

5518. Toll gatherer not to detain any person unnecessarily.

Sec. 518. Every toll gatherer who, at any gate, unreasonably hinders or
delays any traveler or passenger liable to the payment of toll, or demands or
receives from any person more than he is authorized to collect, for each oifcuse
forfeits the sum of twenty-five dollars to the j)erson aggrieved.

5519. Persons avoiding tolls to pay five dollars.

Sec. 519. Every person who, to avoid the payment of the legal toll, with his
team, vehicle, or horse, turns out of a wagon, turnpike, or plank road, or
passes any gate thereon on ground adjacent thereto, and again enters upon such
road, for each offense forfeits the sum of five dollars to the corporation injured.

5520. Penalties for trespasses on property of corporation.
Sec. 520. Every person who:

1. Willfully breaks, cuts down, defaces or injures any mile stone or post on
any wagon, turnpike, or plank road; or,

2. Willfully breaks or throws down any gate on such road; or,

3. Digs up or injures any j^art of such road or anything thereunto belong-
ing; or,

4. Forcibly or fraudulently passes any gate thereon without having paid the
legal toll;

For each ofi"ense forfeits to the corporation injured the sum of twenty-five
dollars, in addition to the damages resulting from his wrongful act.

5521. Bevenue, hoiv to be ajipropriated.

Sec. 521. The entire revenue from the road shall be approj)riated : first, to
repayment to the corporation of the costs of its construction, together with the
incidental expenses incurred in collecting tolls and keeping the road in repair;
and, second, to the payment of the dividend among its stockholders, as provided
in section five hundred and fourteen. When the repayment of the cost of
construction is completed, the tolls must be so reduced as to raise no more
than an amotmt sufficient to pay said dividend, and incidental expenses, and to
keep the road in good repair. [Amendment, approved Marcli 30, 1874; Amend-
ments 1873-4, 215; took effect July 1, 1874.'^'

5522. May mortgage and hyjxjthecate corporate property .

Sec 522. The corporation may mortgage or hypothecate its road and other
property for funds with which to construct or repair their road, but no mort-
gage or hypothecation is valid or binding unless at least twenty-five per cent,
of the capital stock subscribed has been paid in and invested in the consti-uc-
tion of the road and appurtenances, and then only after an affinnative vote of
two thirds of the cajiital stock subscribed.

(n) Orifnnal section- more than an amount Fiifflricnt to pay Incidental ei-

Sec. 521°. The entire revenwe derived from the road penees and to keep the road in good repair.

Bhall be appropriated: first, to repi.ymeiit to the cor- The aniendiuent in the text was i-yidently drawn In

poration the costs of its constxiietion, with tifteen^per ccjiinction with and refers to the aniendnieut u the

cent, per annum interest thereon, together with 'the same act ol secti.m f.H. That *nuudu,. nt P'Mn« to

incidental expenses incurred in collecting tolls and have been superseded and in fact never to h»>e Uken

keeping the road in repair. When the rej aynu'nt is effect. See note to section 514. ante, 6514.
completed, the tolls must be so reduced as to raise no

42 , 657

5523-5530 CIVIL CODE.

5523. This title applies to natural persons as well as corporations.

Sec. 523. AVlien a wagon, turnpike, or plank road is constructed, owned, or
operated by any natural iiersou, this title is applicable to such person in like
manner as it is api^licable to corporations.

TITLE YI.

Bvibgc, Jcvvn, U)l)avf, (tijutc, anh |picr iHorporations.

5528. Corporation to obtain license from supervisors.

Sec. 528. No corporation must construct, or take tolls on, a bridge, ferry,
•svliarf, chute, or pier until authority is granted therefor by the supervisors.

5529. In what contingencies corporate existence ceases.

Sec. 529. Every such corporation ceases to be a body corporate:

1. If, -within six months from filing its articles of incorjDoration, it has not
obtained such authority from the board of supervisors; and if ^Yithin one year
thereafter, it has not commenced the construction of the bridge, wharf, chute,
or pier, and actually exi^ended thereon at least ten per cent, of the capital stock
of the corporation;

2. If, within three years from filing the articles of incorporation, the bridge,
wharf, chute, or pier is not completed;

3. If, when the bridge, wharf, chute, or pier of the corporation is destroyed,
it is not reconstructed and ready for use within three 3'ears thereafter;

4. If the ferry of any such corporation is not in running order within three
months after authority is obtained to establish it, or if at any time thereafter it
ceases, for a like term consecutively, to perform the duties imposed by law.

5530. Fresident and secretary to make annual report, and what to contain.

Sec 530. The president and secretary of every bridge, ferr^'', wharf, chute, or
pier cori)oration, must annually, under oath, report to the board of supervisors
of the county in which the articles of incorporation are filed:

1. The cost of constructing and providing all necessary appendages and ap-
purtenances for their bridge, ferry, wharf, chute, or pier;

2. The amount of all moneys expended thereon, since its construction, for
repairs and incidental expenses;

3. The amount of their capital stock, how much paid in, and how much
actually expended thereof;

4. The amount received during the year for tolls and from all other sources,
stating each separately;

5. The amount of dividends made, and the indebtedness of the corporation,
specifying for what it was incurred;

6. Such other facts and i:)articulars respecting the business of the corpora-
tion as the board of supervisors may require.

This report the president and secretary must cause to be published for four
weeks in a daily newsjmper published nearest the bridge, ferry, wharf, pier, or
chute, if required by order of the board of supervisors. A failure to make such
report subjects the corporation to a penalty of two hundred dollars; and for
every week permitted to elapse after such failure, an additional penalty of
fifty dollars; payable in each case to the county from which the authority of
the corporation was derived. All such cases must be reported by the board of
supervisors to the distx'ict attoruoy, who must commence an action therefor.

€58

TELEGRAPH CORPORATIONS. 5531-5540

5531. This title to apphj to natural persons alike with cnrpornlions.

Sec. 531. When a bridge, ferry, wharf, chute, or pier is constructed, operated,
or owned by a natural person, this title is applicable to such person in like
manner as it is applicable to corporations.

TITLE VII.

5536. May use right of way along icaters, roads, and highivays.

Sec. 536. Telegraph corporations may construct lines of telegraj)!! along
and upon any public road or highway, along or across any of the waters or
lands within this state, and may erect poles, posts, piers, or abutments for
supporting the insulators, wires, and other necessary fixtures of their lines, in
such manner and at such points as not to incommode, the public use of the
road or highway, or interrupt the navigation of the waters.

[For an act to facilitate telegraphic communication between America and
Asia, approved February 13, 1874, see 1873-4, 97.]

5537. Persons liable for damages for injuring telegraph properly.

Sec. 537. Any person who injures or destroys, through want of proper care,
any necessary or useful fixture of any telegraph corporation, is liable to the
corporation for all damages sustained thereb}'. Any vessel whicli, T)y dragging
its anchor or otherwise, breaks, injures, or destroys the subaqueous cable of a
telegraph corporation, subjects its owner to the damages hereinbefore specified.

5538. Party guilty of willful and malicious injury, liable to one hundred limes

actual damages.
Sec. 538. Any person who willfully and maliciously does any injury to any
telegraph property mentioned in the preceding section, is liable to the corpora-
tion for one hundred times the amount of actual damages sustained thereby,
to be recovered in any court of competent jurisdiction.

5539. Conditions on ivhich damage to subaqueous cable may be recovered.

Sec. 539. No telegraph corporation can recover damages for the breaking
or injury of any subaqueous telegraph cable, unless such corporation has pre-
viously erected, on either bank of the waters under which the cable is placed,
a monument, indicating the place where the cable lies, and publishes for one
month in some newspaper most likely to give notice to navigators, a notice
giving a description and the purpose of the monuments, and the general course,
landings, and termini of the cable.

5540. If ay dispose of certain rights.

Sec. 540. Any telegraph corporation may at any time, with the consent of
the persons holding two thirds of the issued stock of the corporation, sell,
lease, assign, transfer, or convey any rights, privileges, franchises, or property
of the corporation, except its corporate franchise.

[Sec. 541<^' was repealed by act approved March 30, 1874; Amendments
1873-4, 216; took effect July 1, 1874. J

(a) Renealpfl Kef tion • which must be uniform throughout the state, and pub-

SEc.lll Every Utoph corporation must fix uni- lish them by poBting euch rates at each of iheir ollicc-«

form rates of charges for transmitting messages pro- in use.
portionate to the number of miles the same are sent,

659

5548-5552 CIVIL CODE.

TITLE YIIL

llMn anb (faiml (forpotatiou^.

5548. Corporation may obtain coiitract to svpphj city or town.

Sec. 548. No corporation formed to siipply any city, city and county, or town
with water must do so unless previously authorized' by an ordinance of the
authorities thereof, or unless it is done in conformity with a contract entered
into between the city, city and county, or town and the corporation. Contracts
so made are valid and binding in law, but do not take from the city, city and
county, or town the right to regulate the rates for water, nor must any ex-
clusive right be granted. No contract or grant must be made for a term
exceeding fifty years.

5549. Duties of water corporations.

Sec. 549. All corporations formed to supply water to cities or towns must
furnish pure fresh water to the inhabitants thereof, for family uses, so long as
the supply permits, at reasonable rates and without distinction of persons,
upon proper demand therefor; and must furnish water to the extent of their
means, in case of lire or other great necessity, free of charge. The rates to be
charged for water must be determined by commissioners, to be selected as fol-
lows: two by the cit}' and county, or city or tow^n authorities, or when there
are no city or town authorities, by the board of supervisors of the county, and
two by the water company; and in case a majority cannot agree to the valua-
tion, the four commissioners must choose a fifth commissioner; if they cannot
agree upon a fifth, then the county judge of the county must appoint such fifth
person. The decision of the majority of the commissioners shall determine the
rates to be charged for water for one year, and until new rates are established.
The board of supei-visoi's, or the proper city or town authorities, may jsrescribe
proper rules relating to the delivery of water, not inconsistent with the laws of
the state. [Amendment, apjproved March 30, 1874; Amendments 1873-4, 21G;
took effect July 1, 1874.'=^'

5550. Plight to use streets, ways, alleys, and roads.

Sec. 550. Any corporation created under the provisions of this jiart, for the
purposes named in this title, subject to the reasonable direction of the board of
supervisors, or city or town authorities, as to the mode and manner of using
such right of way, may use so much of the streets, ways, and alleys in any
town, city, or city and county, or any iniblic road therein, as may be necessary
for laying pipes for conducting water into any such town, city, or city and
county, or through or into any part thereof.

5551. To build and keep bridges in repair.

Si:c. 551. Every Avater or canal cori^oration must construct and keep in good
repair, at all times, for public use, across their canal, flume, or water pipe, all
of the Ijridges that tlie board of supervisors of the county in Avliich such canal
is situated may require, the bridges being on the lines of public highways and
iiecoHsary for public uses in connection with such highways; and all water-
works must be so laid and constructed as not to obstruct public highways.

5552. liigJd to water to irrigate lands sold by water or irrigating company.

Sec. 552. Whenever any corporation, organized under the laws of this state,
fur;nshes water to irrigate lands which said corporation has sold, the right to

(a) The. original BPctlon did not have tlie words "or of sniiprvisorsof thecouuty." Ini.laceof " amnjurlty "
wUen there are no city or town authoritieij by the board It bad " they."

660

HOMESTEAD CORPORATIONS. 5552-55G0

the flow and use of said water is aud sliall reiiiaiu a perpcliial eaKeiuent to the
land so sold, at such rates and terms as may be established by said corporation
in pursuance of law. And whenever any person wlio is cidtivutiii',' land on tlie
line and within the flow of any ditch owned by such corporation, has been
furnished water by it with which to irrigate his hand, such person Hlinll be
entitled to the coiitinued use of said water, upon the same terms as those who
have purchased their land of the corporation. [N<;io section, approviid April 3,
1876; Amendments 1^1 Z-(j, 11-^ took c^'ect from passage.

TITLE IX.

5557. Time of corporate existence.

Sec. 557. Corporations organized for the purpose of ac(|uiring lands in lar;,'e
tracts, paying off incumbrances thereon, improving aud subdividing them into
homestead lots or parcels, and distributing tliem among the shareholders, and
for the accumulation of a fund for such purposes, are known as homestead cor-
porations, and must not have a corjiorate existence for a longer period than
ten years.

5558. By-laws to specify time and amount of payment of installments, etc.

Sec. 558. Such corporations must specify in their by-laws the times when the
installments of the capital stock are payable, the amount thereof, and the tines,
penalties, or forfeitures incurred in case of default. A printed copy of the
articles of incorporation and by-laws must be furnished to any shareholder on
demand.

5559. Advertisement and sale of delinquent and forfeited shares.

Sec, 559. Whenever any shares of stock are declared forfeited by resolution
of the board of directors, the directors may advertise the same for sale, giving
the name of the subscriber and the number of shares, by notice of not less than
three weeks, j^ublished at least once a week in a newspaper of general circula-
tion in the city, town, or county w^here the jDrincipal place of business of such
corporation is located. Such sale must be made at auction, under the direction
of the secretary of the company. The corporation may be a bidder, and the
shares must be disposed of to the highest bidder for cash. No defect, inform-
ality, or irregularity in the proceedings respecting the sale invalidates it, if
notice is given as herein provided. After the sale is made the secretary niust,
on receipt of the purchase-money, transfer to the purchaser the shares sold, aud
after deducting from the proceeds of such sale all installments then due, aud
all expenses and charges of sale, must hold the residue subject to the order of
the delinquent subscriber,

5560. May borrow and loan funds.

Sec 5G0. Homestead corporations may borrow money for the purposes of the
corporation, not exceeding at any one time one fourth of the aggregate amount
of the shares or parts of shares actually paid in, and the income thereof; no
greater rate of interest must be paid therefor than twelve per cent, per annum.
For the purpose of completing the purchase of lands intended to be divided
aud distributed, they may borrow on the security of their shares on the land
thus purchased, or that owned by the corporation at the time of procuring the
loan, any sum of money which, together with the interest contracted to become

661

55GC-55G5 CB^IL CODE.

due tliereoB, will not oxceeil ninety per cent, of the unpaid amount subscribed
by the shareholders; but no loan must be made to the corporation for a term
extending? beyond that of its existence.

5561. Minor children, xcards, and married women may oxon stock.

Sec. 5G1. Such shares of stock in homestead corporations as may be acquired
by children, the cost of which, and the deposits and assessments on which are
paid from the personal earnings of the children, or with gifts from persons other
than their male parents, ma}' be taken and held for them by their parents or
guardians. Married women may hold such shares as they acquire with their
personal earnings, or those of their children, voluntarily bestowed therefor, or
from property bequeathed or given to them by persons other than their hus-
bands.

5562. Forfeiture for specidaiing in or oivning lands exceeding tivo hundred thou-

sand dollars.
Sec. 5G2. Homestead corporations must not jiurchase and sell, or otherwise
acquire and dis2-)ose of real property, or any interest therein, or any personal
property, for the sole purpose of speculation or profit. Nor must any such
corijoration at any one time own or hold, in trust or otherwise, for its purposes,
real i^roperty, or any interest therein, which in the aggregate exceeds in cash
value the sum of two hundred thousand dollars. For any violation of the jiro-
visious of this section, corporations forfeit their corporate rights and powers.
On the apiolication of any citizen to a court of competent jurisdiction such for-
feiture may be adjudged, and the judgment carries with it costs of the proceed-
ings.

5563. II7i^/i corporation is terminated, and how.

Sec 5G3. Except for the purpose of winding up and settling its affairs, every
homestead corporation must terminate at the expiration of the time fixed for its
existence in the articles of incorporation, or when dissolved as j^rovided in this
part. No dividend of funds must be made on tei'mination of its corporate ex-
istence until its debts and liabilities are paid; and upon the final settlement of
the affairs of the corporation, or upon the termination of its corporate exist-
ence, the directors, in such manner as they may determine, must divide its
property among its shareholders in proportion to their resiDective interests, or,
upon the application of a majority in interest of the stockholders, must sell and
dispose of any or all of the real estate of the corporation upon such terms as
may be most conducive to the interests of all the stockholders, and must convey
the same to the purchaser, and distribute the proceeds among the shareholders,
or may at any time, Avhen best for the interests of all the shareholders, cause the
lands of the corporation to be subdivided into lots and distributed, by sale for
premiums, at auction or otherwise, among the shareholders.

5564. Paymenl of premiums.

Sec. 5G4. Such premiums on lots may be made payable at the time they are
bid off, and, if not so paid on any lot of land, the directors may immediately
offer tlie same for sale again. If made payable at a future day, and any share-
hf^lder fails to pay his bid on the day the same is made due and payable, the
directors may advertise and sell the shares of stock representing the lots of
land on which the jiremiums remain uni>aid, in the manner j^rovided in the by-
laws for the sale of shares on account of delinquent installments and premiums.
5585. Annual rqjort to he ]mljlished.

Sec. 565. The actual financial condition of all homestead corporations must,
by the directors thereof, be i)ublished annually in the [a] newspaper pul)lished
at the pnncipal phue of business of the corporation, for four weeks, if i)ub-
lishcd in a wtel^ly, and two weeks, if iiublished in a daily. The statement

GG2

SAVINGS AND LOAN CORPORATIONS. 5505-5572

must be made up to the end of each vear, and must he verilicd liy tlic outli uf
the president and secretary, sliowing the items of property and liabilities.
5566. r uhllcation in cerUdn cascf^.

Sec. 5f)G. In any case in which a publication is rc(iuii((l, and no ncwspnt^er
is published at the principal place of business, the i)ublicali(jn niay be made iu
a paper published in an adjoining county.

An Act sniiplemciitary to an act entitled An Act to authorize the formution (if eorixirationK to
provide the numbers thereof with homesteads, or lots of laud suitaWe for hoiuehteuds, up-
proved May 20, 18G1.

Approveil March 23, 1874 ; 1873-4, 625.

Extension of time for homestead eorporatlona.

Section 1. Any corporation formed under the act to which this act is sup-
plemental, whose period of existence is not stated in its articles of incoriiora-
tion to be ten years, may continue its corporate existence for ten years from the
date of filing its articles of incorporation, upon complying with the provisions
of this act.

Hoio existence continued.

Sec. 2. Any such corporation existing on the first day of January, eighteen
hundred and seventy-four, may, at any time before its period of existence, as
stated in its articles of incorporation, shall expire, continue its exi.stence, as
stated in section one of this act, by a majority vote of its board of trustees at
any meeting of such board, or by a vote of a majority of the stockholders as the
board of trustees may elect. A certificate of the action of the directors, signed
by them and their secretary, when the election is made by their vote, or upon
the written consent of the stockholders or members, or a certificate of the pro-
ceedings of the meeting of tbe stockholders or members, when such election is
made at any such meeting, signed by the chairman and secretary of the meet-
ing and a majority of the directors, must be filed in the ofiice of the clerk of the
count}^ where the original articles of incorporation are filed, and a certified
copy thereof must be filed in the office of the secretaiy of state; and thereafter
the corporation shall continue its existence under the provisions of this act, and
shall possess all the rights and powers, and be subject to all the obligations,
restrictions, and limitations prescribed by the act of Avhich this is supple-
mentary.

Sec. 3. This act shall take effect from and after its passage.

TITLE X.

Saiimo0 mh J?oau (ToriJorationo.

5571. May loan money— On lohat terms, hoiv, and to ^chom, and hoic long.

Sec. 571. Corporations organized for the purpose of accumulating and h^an-
ing the funds of their members, stockholders, and depositors, may loan and
invest the funds thereof, receive deposits of money, loan, invest, tmd collect
the same, with interest, and may repay depositors with or without interest.
No such corporation must loan money, except on adequate security on real or
personal property, and such loan must not be for a longer penod than six
years.

5572. Capital stock, and rights and privileges thereof.

Sec 572 AYhen savings and loan corporations have a capital stock specified
in their articles of incorporation, certificates of the ownership of shares may
be issued; and the rights and privileges to be accorded to, and the obligations

663

5572-5576 CIVIL CODE.

to he imiDOsed npon, such capital stock, as distinct from those of depositors,
must be fixed and defined, either iu the articles of incorporation or in the
by-laws,

5573. No dividend except from surplus jorqfits.

Sec. 573. The directors of savings and loan corporations may, at such times
and in such manner as the by-laws prescribe, declare and pay dividends of so
much of the profits of the corporation, and of the interest arising from the
capital stock and deposits, as may be appropriated for that purpose under the
by-laws or under their agreements with depositors. The directors must not
contract any debt or liability against the corporation for any purpose whatever,
excejit for dei^osits. The capital stock and the assets of the corporation are a
security to depositors and stockholders, depositors having the priority of secu-
rity over the stockholders, but the by-laws may provide that the same security
shall extend to deposits made by stockholders.

5574. Property which may be oioned, and how di^^posed of.

Sec. 574. Savings and loan corporations may purchase, hold and convey real
and personal proj^erty, as follows:

1. The lot and building in which the business of the corporation is carried
on, the cost of which must not exceed one hundred thousand dollars; except,
on a vote of two thirds of the stockholders, the corporation may increase the
sum to an amount not exceeding two hundred and fifty thousand dollars;

2. Such as may have been mortgaged, jDledged, or conveyed to it in trust,
for its benefit in good faith, for money loaned in pursuance of the regular busi-
ness of the coi-jDoration;

3. Such as may have been purchased at siiles under pledges, mortgages, or
deeds of trust made for its benefit, for money so loaned, and such as may be
conveyed to it by borrow^ers in satisfaction and discharge of loans made
thereon;

4. Xo such corporation must purchase, hold, or convey real estate in any
other case or for any other purpose; and all real estate described in subdivision
three of this section, must be sold by the corporation within five years after the
title thereto is vested in it by purchase or otherwise;

5. No cori^oration must purchase, own or sell personal j)roperty, excej^t such
as may be requisite for its immediate accommodation for the convenient trans-
action of its business, mortgages on real estate, bonds, securities or evidences
of indebtedness, public or private, gold and silver bullion and United States
mint certificates of ascertained value, and evidences of debt issued by the United
States;

G. No corporation must purchase, hold or convey bonds, securities or evi-
dences of indebtedness, j)ublic or private, except bonds of the United States, of
the State of California, and of the counties, cities, or cities and counties, or towns
of the State of California, unless such corporation has a caj)ital stock or reserved
fund paid in, of not less than $300,000. [Amendment, appjroved March 18, 1874;
Amendments 1873-4, 273; took effect from passage ^^

5575. Married women and minors may own stock in their own right.

Sec 575. Married women and minors may, in their own right, make and
draAv deposits and draw dividends, and give valid receipts therefor.

5576. 3Iay issue transferahle certificates of deposit.

Sec 576. Savings and loan corporations may issue general certificates of de-
posit, which are transferable, as in other cases, by indorsement and delivery;

(a) The original Bection did not have the last clauae division after " fund " it had the words " or both capl-
of the third subdivision, commencing witli tlio words tul stock uud reserved fund."
" and Bucli as may be conveyed to it." lu the lust sub-

604

SAVINGS AND LOAN CORPORATIONS. 557G-5579

may issue, wlieii requested by the depositor, special certificates, ackuowledging
the deposit by the person therein named of a specified sum of money, and ex-
pressly providing on the face of such certificate that the sum so depoKited and
therein named may be transferred only on the books of the corporation; pay-
ment thereafter made by the corporation to the depositor named in such certifi-
cate, or to his assignee named upon the books of the corporation, or, in case of
death, to the legal representative of such person, of the sum for which such
siDCcial certificate was issued, discharges the corporation from all further liability
on account of the money so paid.

5577. To jjrovide reserve fund for the payment of losses.

Sec. 577. Savings and loan corporations may jn-escribe by their by-laws the
time and conditions on which repayment is to be made to depositors; but when-
ever there is any call by depositors for repayment of a greater amount than the
corporation may have disposable for that purpose, the directors or officers thereof
must not make any new loans or investments of the funds of the depositors, or
of the earnings thereof, until such excess of call has ceased. The directors of
any such corporation having no cajntal stock must retain, on each dividend day,
at least five per cent, of the net profits of the corporation, to constitute a reserv'e
fund, which must be invested in the same manner as other funds of the corpor-
ation, and must be used towards paying any losses which the corporation may
sustain in pursuing its lawful business. The corporation may provide by its by-
laws for the disposal of any excess in the reserve fund over one hundred thou-
sand dollars, and the final disposal, upon the dissolution of the corporation, of
the reserve fund, or of the remainder thereof, after payment of losses.

5578. Prohibition on director and officer, and tvliat vacates office.

Sec. 578. No director or officer of any savings and loan corporation must,
directly or indirectly, for himself or as the jiartner or agent of others, T)orrow
any of the deposits or other funds of such corj^oi-ation, nor must he become an
indorser or sui^ety for loans to others, nor in any manner be an obligor for moneys
borrowed of or loaned by such corporation. The office of any director or officer
who acts in contravention of the provisions of this section immediately there-
upon becomes vacant.

5579. Definition of ph^-ase ''create debts."

Sec. 579. Receiving deposits, issuing certificates of deposit, checks, and bills
of exchange and the like, in the transaction of the business of savings and loan
corporations, must not be construed to be the creation of debts within the mean-
ing of the phrase " create debts," in section 309.

An Act to authorize the husband or wife or next of kin of a cleceasetl person to collect and

receive of any savings bank any deposit in such b^nk, when the same does not exceed the sum

of three hl^ndred dollars.

Approved February 18, 18T4; 1873-4, 132.

Collect deposit.

Section 1. The surviving husband or wife of any deceased person, or if no
husband or wife be living, then the next of kin of such decedent may, without
procuring letters of administration, collect of any savings bank any sum which
said deceased may have left on a deposit in such bank at the time of his or her
death; provided, said deposit shall not exceed the sum of thi'ee hundred dollai-s.

Affidavit.

Sec. 2. Any savings bank, upon receiving an affidavit stating that said depos-
itor is dead, and that affiant is the surviving husband or wife, as the case may
be, or stating that decedent left no husband or wife, and that affiant is the next
of kin of said decedent and entitled to distribution, and that the whole amount
that decedent left on deposit in any and all savings banks or bank of deposit

665

5579-5587 CIVIL CODE,

in this state does not exceed the sum of three hundred dollars, niay imy to said
aflSant any deposit of said decedent, if the same does not exceed the sum of
three hundred dollars, and the receipt of such affiant shall be a sufficient
acquittance therefor.

Guilly.

Sec. 3. Any person who shall make a false affidavit in regard to the matters
specified in this act, shall he deemed guilty of perjury.

Sec 4. This act shall take efi'ect from and after its passage.

TITLE XI.

5584. [Sec 584'"^ Avas repealed by act of April 3, 187G; Amendments 1875-6,
73; took effect immediately.]

[The object of the section, -svhich was to change the principal place of busi-
ness of a mining corporation, is accomi^lished by an act to the same effect
applicable to all corporations. See ante, 5321.]

5585. Directors to file certificates of proceedings in offices of county clerics and

secretary of state.

Sec 585. When the publication provided for in the preceding section has
been completed, the directors of the corporation must file in the offices of the
clerks of the counties from and to which such change has been made, and in
the office of the secretary of state, certified cop)ies of the written consent of the
stockholders to such change, and of the notice of such change, and proof of
publication; also a certificate that the proposed removal has taken place; and
thereafter the pi-incipal place of business of the cor^^oration is at the place to
which it is removed.

5586. Transfer agencies.

Sec 58G. Any corporation organized in this state for the purpose of mining
or canying on mining operations in or without this state, may establish and
maintain agencies in other states of the United States, for the transfer and issu-
ing of their stock; and a transfer or issue of the same at any such transfer
agency, in accordance with the provisions of its by-laws, is valid and binding
as fully and effectually for all purposes as if made upon the books of such
corporation at its principal office within this state. The agencies must be gov-
erned by the by-laws and the directors of the corporation.

5587. Stock issued at transfer agencies.

Sec. 587. All stock of any such corporation, issued at a transfer agency,
must be signed by the president and secretary of the corporation, and counter-
signed at the time of its issue by the agent having charge of the transfer agency.
No stock must be issiusd at a transfer agency unless the certificate of stock, in
lieu of wliicli tlie same is issued, is at tlie time surrendered for cancellation.

(a) lU'pealorl Bectlon: is obtained, notice of the intended removal iiiust be
Sec. ftH4. Kv.ry mining rorporntion may clianno its puMislK-d for thirty dnys in s<>7ne newBpiipirpublii-hta
priii.ipal i)l:i<-.' of buhinc-hH from on<- county or <ity to at the principiil pliice of business of tlic corporation,
Buothr-r, within thin htaic Jiefore sucli nmoval is givini,' tlie nanu; of the coui.tv or citv whi re It is
mad<- the consent in writing of th<- holders of two then situated, and that to which it is intended to re-
thirds of the cajiital stock ni\ist be obtained and filed move it.
in the oillce of the corporation. When such consent

GGG

MINING CORrOllATIONS. n5S7

An Act supplemental to an act entitled An Act eoncoriiiiif; corpunitions, passi-d twinty-secoud
April, one tliuusand eight hundred and lifty.

Approved March 21, 1872; 1871-2, Hi.

Petition for removal of officers.

Section 1. On petition of the majority of the shareholders of any corijoration
fo^^-med for the i:>urpose of mininjo;' to the county jud'^e of the county where Knitl
corporation has its in-iiu'i])al phice of husiuess, verified by the si;,'mrs, to Iho
effect that tliey are severally the holders on the hooks of the company of the
number of shares set opposite their signatures to the foregoing petition, tho
county judge shall issue his notice to the shareholders of said company that a
meeting of the shareholders will be hold, stating the time, not less than five
nor more than ten days after the first pul)lication of such notice, and the phico
of meeting within said county, and the object to be to take into consideration
the removal of officers of said company; which notice, signed by the said county
judge, shall be published daily in one or more daily newspapers i^ublished in
said county for at least five days before the time for the meeting.
Organization of meeting.

Sec. 2. At the time and place appointed by said notice, those claiming to be
shareholders who shall assemble, shall proceed to organize by the appointment
of a chairman and secretary, and thereupon those claiming to be shareholders
shall present proof thereof, and only those showing a right to vote shall take
part in the further proceedings. If it appears that at the time appointed, or
within one hour thereafter, shareholders of less than one half the shares are
present, no further proceedings shall be had; but the meeting shall be ipso facto
dissolved; provided, however, that by a vote of the holders of the majority of
the capital stock of the corporations aforesaid, the board of trustees may be
required to furnish to the meeting a written detailed statement and account of
the affairs, business and property of the corporation; but if the holders of a
majority of the shares are present they shall proceed to vote, the secretary
calling the roll, and the members voting yea or no, as the case may be. The
secretary shall enter the same upon his list, and when he has added up the list
and stated the result, he shall sign the same and hand it to the chairman, who
shall sign the same and declare the result. [Amendment, approved April 1,
1876; 1875-6,730; took effect from pasmge.^"'

Ballot to supply vacancies.

Sec. 3. If the result of the vote is that the holders of a majority of all the
shares of the company are in favor of the removal of one or more of the officers
of the company, the meeting shall then proceed to ballot for ofiicers to sui)i)ly
the vacancies thus created. Tellers shall be appointed by the chairman, who
shall collect the ballots and deliver them to the secretary, who shall count the
same in open session, and having stated the result of the count in writing, shall
sign the same and hand it to the chairman, wlio shall announce the result to tho
meeting.

Certificate of election.

■ Sec. 4. A report of the proceedings of the meeting shall be made in writing,
signed by the chairman and secretary and verified by them, and delivered to the
county judge, who shall thereupon issue to each person chosen a certificate of
his election, and shall also issue an order requiring that all books, i^apers, nnd
all property and effects be immediately delivered to the officers elect; and. tho
petition and report, indorsed with the date and fact of the issuance of su.-li cer-
tificate and order, shall be delivered to the county clerk, to be by him filed in

(a) The original section, inRtead of " the majority," had the ^vord8 " two thirds." and instead of " a majority "
the words ' ' more than two thirds."

667

5587 CIVIL CODE.

his office, aud thereafter the persons thus elected officers shall be the duly
elected officers aud hold office until the next regular aunual meeting, unless
removed under the provisions hereof.

Fees of county clerk.

Sec. 5. For all services in these proceedings the county clerk shall receive
ten dollars on the issuance of the notice and ten dollars on the issuance of the
certificates.

Sec. G. All acts or paiis of acts conflicting with this act are hereby repealed.

Sec. 7. This act sLall take effect immediately.

Au Act for the bettor protection of tlie Htockholders in corporations formed under the laws of
the State of Culifurnia, for the pnrijose of carrying on aud conducting the business of mining.

Approved March 30, 1874; 1873-4. 8G6.

Books of mining corporal ioiis.

Section 1. It shall be the duty of the secretary of every corporation fonned
under the laws of the State of California, for the purpose of mining, to keep the
books of such corporation, as prescribed by its by-laws, provided such by-laws
are not inconsistent with the laws of this state. The books of such corporation
shall be produced for examination and inspection during the hours of business,
every day in the year, Sundays and legal holidaj^s excej^ted, upon the demand
of any stockholder, holding and presenting a certificate of stock in such corpo-
ration, either in his own name and properly indorsed; and the secretaiy of such
corj^oration shall be reciuired upon the demand of any stockholder holding
stock in such corporation, to the amount of five hundred dollars, par value, to
have the books of the coi-poration written up at tlie end of each month, and
shall make out a balance sheet showing the correct financial condition of the
corporation, and on or before the tenth day. of January and July of each year,
he shall make out a written statement, showing all the business and financial
transactions of the corporation for the six months preceding, which statement
shall also contain a full description of all joropert}^ of the corporation, and the
character and extent of the same, and such statements, together with all jmpers
and records of the corporation, shall be oj^en to examination and inspection
upon any demand by such stockholder. All demands of stockholders, as speci-
fied in this section, shall be made to the secretary, at the office of the corpora-
tion, where its princii^al place of business is located.

Examination of mines.

Sec. 2. Any owner of stock, of the par value of $500, in anj' of the corpora-
tions mentioned in section one of this act, shall at all hours of business or labor
on or about the premises or property of such corporation, have the right to enter
ui>ou such property and examine the same, either on the surface or under
ground. And it is hereby made the duty of any and all officers, managers,
agents, superintendents, or persons in charge, to allow any such stockholder
to enter upon and examine any of the projierty of such corporation, at any time
during the hours of business or labor. And the presentations of certificates of
stock in the corijoratiou of the jmr value of five hundred dollars, to the officer
or jierson in charge, shall be prima facie evidence of ownershii) and right to
enter upon or into, and make examination of the property of the corporation.

Fejialfy.

Sec. 3. The violations of any of the provisions of sections one and two of this
act, shall subject the trustees of the corporation to a fine of two hundred dol-
lars and costs of suit, aud the expenses of the stockholders so refused, in trav-
eling to and from the projierty, which may be recovered in any court of compe-
tent jurisdiction, either in the county wliere the property is situated, or in the

' GC8

SOCIAL AND BENEVOLENT CORPORATIONS. 5587-o;-;98

county where the office and principal place of hiisiness of tlie cori)onitiou is
situated, which said tine shall be imposed and collected for, iiud piii<l (;ver to
the person so refused, together with all nuaieys collected for the said tmveliug
expenses.

Sec. 4. All acts in conflict with the provisions of this act are hereby repealed.

TITLE XII.

Ucligiaus, Social mib Bcucuolcut ^^seiodatious.

5593. Corporations for pxirposes other than profit, howfornvd.

Sec. 593, Any number of persons associated together for religious, social,
benevolent, or other purpose included in the subdivisions of section 280, where
pecuniary profit is not their object, may, in accordance with the i-ules, regula-
tions, or discipline of such association, elect directors, the number thereof to
be not less than three nor more than eleven, and may incorijorate themselves as
provided in this part.

5594. Additional facts articles of ivcorpioration to set out.

Sec. 594. In addition to the requirements of section 290, the articles of incor-
poration of any association mentioned in the preceding section must set forth
the holding of the election for directors, the time and jjlace where the same was
held, that a majority of the members of such association were present and voted
at such election, and the result thereof; which facts must be verified by the
officers conducting the election.

5595. Corporation to hold property, and amount of real estate limiti'd.

Sec. 595. All such corporations may hold all the property of the association
owned prior to incorporation or acquired thereafter in any manner, and transact
all business relative thereto; but no such corporation must own or hold more
real estate than may be necessary for the business and objects of the association
and providing burial grounds for its deceased members, not to exceed six whole
lots in any city or town nor more than twenty acres in the country, the annual
increase or income whereof must not exceed fifty thousand dollars.

5596. How much land masons, oddfellows, and pioneers may hold.

Sec. 596. In addition to that provided for in the preceding section, masons,

§596. Add after "Odd FpH. r/. "'^'' o-npiniions may hold such real estate as

Templars." [Jn effect, March 26^878.] '""""'^ ^'"''' " ^^°^ ''1'''^^^' '''' ^'''' ^^'^ ^^^^^>^^^^-

nnected therewith. In case

any SUCH cuij^^^. , „ mrchase, of more lands than

herein or in the preceding section provided for, such surplus must be sold and
conveyed by the corporation within five years after its acquisition. Such sale
may be made without the order or decree of the district court, as hereinafter
provided.

5597. Directors to make verified report annually.

Sec. 597. The directors must annually make a full report of all property, real
and personal, held in trust for their corporation by them, and of the condition
thereof, to the members of the association for which they are acting.

5598. Corporations, by order of district court, may mortyaye or sell real estate.
Sec. 598. Corporations of the character mentioned in section five hundred

and ninety-three, may mortgage or sell real property held by them, upon ob-

669

5598-5G01 CITIL CODE.

taining an order for that purpose from the district court hekl in the county in
which the property is situated. Before making the order, proof must be made
to the satisfaction of the court that notice of the application for leave to mort-
gage or sell has been given by publication in such manner and for such time as
the court or judge has directed, and that it is for the interest of the corporation
that leave should be granted as prayed for. The application must be made by
petition, and auy member of the corporation may oppose the granting of the
order by affidavit or otherwise. {Ameiidmerd, approved March 30, 1874; Amend-
ments 1873-4, 216; took effect July 1, 1874.^">

5599. Wliat may be provided for in their hy-knes, etc.

Sec. 599. Corporations organized for inxrjioses other than for profit may in
their by-laws, ordinances, constitutions, or articles of incorporation, in addition
to the provisions in Title I of this Part, provide for:

1. The qualitications of members, mode of election, and terms of admission
to membership;

2. The fees of admission and dues to be paid to their treasury by members;

3. Tiie expulsion and suspension of members for misconduct or non-payment
of dues; also, for restoration to membertship;

4. Contracting, securing, paying, and limiting the amount of their indebt-
edness;

5. Other regulations, not repugnant to the constitution or laws of the state
and consonant with the objects of the corporation,

5600. Members admitted after incorporation.

Sec. goo. Members admitted after incorporation have all the rights and priv-
ileges, and are subject to tbe same responsibilities, as members of the association
prior thereto.

5601. No member to transfer membership , etc.

Sec. GOl. No member, or his legal representative, must disjDose of or transfer
any right or privilege conferred on him by reason of his membership of such
corporation, or be deprived thereof, except as herein provided.

An Act relating to mutual beneficial and relief associations.

Approved Mwch 28, 1871; 1873-4, 745.

Mutual beneficial and relief associations.

Section 1. Associations may be formed for the purpose of paying to the
nominee of any member, a sum upon the death of said member, not exceeding
thi'ee dollars for each member of such association. No such association shall
exceed in number one thousand persons.
How formed.

Sec 2. Such association shall be formed by filing a verified certificate in the

la) Original sectioii: In the real estnto; 4. At any time before the day set for

Sec. .Vj.. CorpoiationRorgnnized by members of ae- hearing the petition any person IntereKtediu the prop-

Bociuti ns tuentioued in S' etiun .'lOrj may mortgai,'e or erty may present objeetii ins or answer to tlie petition,

Bell the uecessary real estate lield by them, on lomply- raising "either question of law or fact, and the same

lug with the following provisions: 1. The directors must bft tried by the court as other cases are tried; 5.

must, by resolution, declare such disnohition of the If on the iiearlng at the trial it is found by the court

real ebt .ti? necessary, or for the best intensts of the that the morl gage or sale of the property is unueces-

corpor.itii.n. in the prosecution of the purposes of sary, or that the best interests of the corporation will

the HBKorii.tion. setting li.rtli the grounds tlierefor; not be subserved or advanced tliereby, the order and

2. The directors must petition the distric t court decree must be denied; if it is found necessary, or

«>f th'-- c(juiity in wliich the real eslate is situated, that the best Interests of tlie corporation will be sub-

fi>r the ni'.rtgage or sale thereof, setting forth the reso- served or advanced thereby, the petition must be

lutiiiu upiin wliich the petition is based; 3. The judge granted; C. Tlie court may, if considered necessary,

of the cimrt. if it ajipear tljat it is a case in which such direct an appraisement of the property to be first made,

order should be made, must ilircct publication of sum- and appi.int disinterested appraisers therefor, fix their

TiioURtonll perilous interested in the pr-perty to ap- compensation and the time for them to report; and

pear before i he i-ourt and show cause why such order direct the mak.ng and exe uti<in of the mortgage or

or decree should n<it bi; madi-. The notice must be deed and all necessary accompanying notes, bonds, or

published in a newspaper I'ublislicd in the city or contracts, and to what purpose the proceeds must be

county wliire the I'njperty is situated, for such time applied by the corporation as best comiJorts with its

as the ju'lgc may rlir'ct; in pboc of tlic imblication, objects.
IHsrhoual notice may be served on all persons interested

670

CEMETERY CORPORATIONS.

Cf;01-5C09

office of the clerk of the county in Avhich the principal place of busincsH shall be
situated, and filing a like certificate in the ofiice of the Hecretary of the state;
such certificate shall state the general objects of the association, its principal
place of business, and the names of the officers selected to hold office for the
■*- thrift months, and shall be signed by said officers, and verified by at least

member, may levy an assess-

) death, not exceeding three

[pay the same to the nominee

ent of such annual payments

provisions of thisXrex;;^' q" 1^ f'^r^-'^'^'^^i'^^-'i ual assessment upon an v one

' '^ ^'^'^' 1878. 5sment established at the time

such member jomeci sucii ^^

Saine.

Sec. 4. Such association, by its name, may sue and be sued, and may loan
such funds as it may have on hand, and may own sufficient real estate for its
business purposes, and such other real estate as it may be necessary to purchase
on foreclosure of its mortgages; provided, such real estate so obtained through
foreclosure shall be sold and conveyed within five years from the day title is
obtained, unless the district court of the proper district shall, upon petition
and good cause shown, extend the time.
By-laws.

Sec. 5. Such association may make such by-laws, not inconsistent with the
lnws of this state, as may be necessary for its government, and for the transac-
tion of its business, and shall not be subject to the provisions of the general
insurance laws.

Old associations.

Skh. (\ All associations heretofore formed for the objects contemplated by

ij 602. Wlicnever the rules, regulations, or discipline of
any religious denomination, society, or church require, for the
administration of the temporalities thereof and tlie manage-
ment of the estate and property thereof, it shall be lawful for the
bishop, chief priest, or presiding elder of such religious denom-
ination, society or church to become a sole corporation in the
manner prescril)ed in this title, as nearly as may be, and with
all the powers and duties and for the uses and purposes in this
title provided for religious incorporations, and subject to all the
conditions, limitations, and provisions in said title prescriljed.
The articles of incorporation to be filed shall set forth the facets
authorizing such incorporation and declare the manner in which
any vacancy occurring in the incumbency of such bishoj), chief
priest, or presiding elder is rccjuired by the rules, regulations,
or discipline of such denomination, society, or church to be
filled, which statements shall be verified by affidavit ; and for
proof of the appointment or election of sucii bisho)., chief
priest, or presiding elder, or of any succeeding incumbent of
such corporation, it shall be suflicient to record, with the clerk of
the county in which such bishop, chief priest, or presiding elder
resides, the original or a copy of his commission or certificate,
or letters of election or appointment, duly attested; provided,
all property held by such l)ishop, chief priest, or jiresiding elder
shall be in trust for the use, purpose, and behoof of his religious
denomination, society, or church. The limitation in section five
hundreil and ninety-five shall not apply to corporations formed
under this section when the land is held or used for churches,
hospitals, schools, colleges, orphan asylums, parsonages, or
cemetery purposes. The District Judge of the district in which
any incorporation is formed under this chapter shall at all
times have access to the books of such incorporation.

of its provisions by filing
at such society shall not

maintain cemeteries may
3ding three hundred and
icles of incorporation are
;eiy for the burial of the
ito lots or jilats, avenues,
lereof filed in the office of

uated. Thereafter, upon
ictions, to be inserted in
jscribe, the directors may

Sec. 609. Every person of full age who is i^roprietor of a lot or plat in the

G71

5609-5614 CIVIL CODE.

cemetery of the corporation, containing not less than two hundred square feet
of laud, or, if there be more than one joroprietor of any such lot, then such of
the proprietors as the majority of joint proprietors designate, may, in person
or by proxy, cast one vote at all elections had by the corporation for directors
or any other purpose, and is eligible to any office of the corporation. At each
annual meeting or election, the directors must make a report to the proprietors
of all their doings, and of the management and condition of the property and
concerns of the corporation.

5610. Jfa;/ hold iiersonal property , to loliat amount.

Sec. 010. Such corporations may hold personal property to an amount not
exceeding five thousand dollars, in addition to the surplus remaining from the
sales of lots or plats after the j^ayments required in the succeeding section.
Such suri:)lus must be disposed of in the improvement, embellishment, and
preservation of the cemeteiy, and paying incidental expenses of the corpora-
tion, and in no other manner.

5611. . J/ay issue bonds to pay for grounds.

Sec. Gil. Such corporations may issue their bonds, bearing interest not
exceeding twelve per cent, per annum, for the purchase of lands for their
cemeteries, payable out of the proceeds of the cemetery, and not otherwise.
Sixty per cent, of the proceeds of sales of lots, jDlats, and graves must be
applied at least every three months to the jDayment of the bonds and interest.

5612. Jllay take and hold piroperty or use income thereof, hoio.

Sec G12. Cemetery coiporations may take and hold any property bequeathed
or given them on trust, or the lots, plats, or graves thereon, for the si^ecific
purpose of embellishing or improving the grounds, avenues, or superstructures
of their cemeteries, to use the income thereof, for the erection, preservation, or
repair of monuments therein, or for any other purpose or design consistent
with the objects of the corp)oration.

5613. Interments in lot, and effect thereof.

Sec. 613. "Whenever an interment is made in any lot or plat transferred to
individual owners by the corporation, the same thereby becomes forever inalien-
able, and descends in regular line of succession to the heirs at law of the owner.
"When there are several owners of interests in such lot or j^lat, one or more may
acquire by purchase the interest of others interested in the fee simple title
thereof; but no one not an owner acquires interest or right of burial therein by
purchase; nor must any one be buried in any such lot or plat, not at the time
owning an interest therein, or who is not the relative of such owner or of his
wife, except by consent of all jointly interested.

5614. Lot ov.-ners previous to jnux'liase to be members of tJie corporation.

Sec. 614. AVlien grounds purchased or otherwise acquired for cemetery pur-
poses have been previously used as a burial ground, those who are lot owners
at the time of the purchase continue to own the same, and are members of the
corporation, with all the privileges a purchase of a lot from the corporation
confers.

672

GAS CORPORATIONS. 5G20-5G30

TITLE Xiy.

Sionntltural Jait (Torporaliouo*

5620. May acquir-e and hold real oHlair, how much.

Sec. 620. Agriciilhiral fair corporatious luay purchase, hold or lonso any
quantity of land, not exceeding- in the aggre<j^ate one hundred and sixty acres,
with such buildings and improvements as may be erected thereon, and may sell,
lease or otherwise dispose of the same, at pleasure. This real estate must bo
held for the purpose of erecting buildings and other improvements thereon, to
promote and encourage agriculture, horticulture, mechanics, manufactures, stock
raising and general domestic industry,

5621. Shall not contract debts or liabilities exceeding amount in treasury.

Sec. 621. Such corporation must not contract any debts or liabilities in excess
of the amount of money in the treasury at the time of contract, except for the
purchase of real jjroperty, for which they may create a debt not exceeding five
thousand dollars, secured by mortgage on the i)roperty of the corporation. The
directors who vote therefor are personally liable for any debt contracted or in-
curred in violation of this section.

5622. Not for profit.

Sec. 622. Agricultural fair corporations are not conducted for profit, and
have no capital stock or income other than that derived from charges to exhib-
itors and fees for membership, which charges, together with the term of niem-
bership and mode of acquiring the same, must be provided for in their by-laws.
Such fees must never be greater than to raise suflicient revenue to discharge the
debt for the real estate and the improvements thereon, and to defray the current
expenses of fairs.

TITLE XY.

5628. Corporations to obtain lorivilege from city or town, and use meters proved by

inspector.
Sec. 628. No corporation hereafter formed must supply any city or town with
gas, or lay down mains or pipes for that purpose in the streets or alleys thereof,
without permission from the city or town authorities, granted in pursuance of
the provisions of the Political Code or of statutes expressly continued by such
code. Nor must such corporation furnish or use any gas meter which has not
been proved and sealed by the inspector of gas meters.

5629. Gas to be supplied on written appUcaiion.

Sec. 629. Upon the application in writing of the owner or occupant of any
building or premises distant not more than one hundred feet from any main of
the corporation, and payment by the appKcant of all money due from him, the
corporation must supply gas as required for such building or i)remises, and
cannot refuse on the ground of any indebtedness of any former owner or occu-
pant thereof, unless the applicant has undertaken to pay the same. If, for the
space of ten davs after such application, the corporation refuses or neglects to
supply the gas required, it must pay to the applicant the sum of fifty dollars as
liquidated damages, and five dollars a day as liquidated damages, for every day
such refusal or neglect continues thereafter.

5630. When corporations may refuse to supply gas.

Sec. 630. No corporation is required to lay service pipe where serious obsta-
cles exist to laying it, unless the applicant, if requii-ed, deposits in advance,
43 673

5630-5643 CIVIL CODE.

with the corporation, a sum of money sufficient to pa}' the cost of laying such
sei'vice pipe, or his proportion thereof.

5631. Agunt of corporatiun may inspect meters.

Sec. 631. Any agent of a gas corporation exhibiting written authority, signed
by the president or secretary thereof for such purpose, may enter any building
or premises lighted Nvith gas supplied by such corporation, to inspect the gas
meters therein, to ascertain the quantity of gas supplied or consumed. Every
owner or occupant of such buildings who hinders or prevents such entry or
inspection must pay to the corporation the sum of fifty dollars as Uquidated
damages.

5632. When persons neglect to jjay, gas may be sliui off.

Skc. 682. All gas corporations may shut off the supply of gas from any
person who neglects or refuses to pay for the gas supplied, or the rent for any
meter, pipes, or fittings provided by the corporation as required by his con-
tract; and for the purpose of shutting off the gas in such case any emj)loyeo of
the corporation may enter the building or premises of such person, between the
hours of eight o'clock in the forenoon and six o'clock in the afternoon of any
day, and remove therefrom any property of the corporation used in supplying
gas.

TITLE XVI.

i^'aui) auD Uinl^ing Corporations.

5639. HoxKs organized.

Sec 639. Corporations organized for the erection of buildings and making
other improvements on real property, may raise funds in shares not exceeding
two hundred dollars each, payable in periodical installments. Such bodies are
known as land and building corporations, and may be organized with or with-
out a capital stock. [Ameudment, approved March 30, 1874; Amendments 1873-4,
217; took effect July 1, 1874.'''^

5640. May borrow money.

Sec. 640. Any such corporation may borrow money for the purpose of cariy-
ing out its objects, and may give as security therefor its shares or mortgage
upon its real estate.

5641. Powers and ohject of corporation.

Sec 641. Any such corporation may purchase real estate and erect buildings
for its members, and make loans to its members for the purpose of aiding them
in ac(juiring and improving real estate. Such loan must in all cases be secured
on such real estate.

5642. May insure the lives of members and debtors.

Sec 642. Such corporation may insure, in some life insurance company in-
corporated under the laws of this state, the lives of its membei'S and debtors.
In case of the death of a debtor or member so insured, the amount recovered
on the policy must be a])plied to extinguish the indebtedness, including the
j)remium i)aid, and the re.-iiduo, if an}-, must be paid to the legal rein'esentatives
of the decedent.

5643. Wliat real estate may Ijc <noned at any one time.

Sec 643. Any such corijorutiun may purchase, hold, and convey real estate,
as follows:

1. The lot and building in wliidi tlie business of the corporation is carried
on, the cost of which must not exceed twenty thousand dollars;

[a) Th<; oriRinal section, instnad of " for thf(Tf;tioii property, " had the words " under subdivJHion eleven
of buildings and making other improvements on real of section '28tj."

C74

LAND AND BUILDING COIIPOIIATIONS. 5043-r,(>47

2. Such as may from time to time be necessary to sii])))ly tlie wants of its
members, the cost of which, hehl unallotted to the members thcn-of ut anvune
time, must not exceed the sum of one hundred thousand dollars;

3. Such as shall have been mortgaged, pledged, or conveyed to it in trust, to
secure money loaned or to secure the purchase price thereof in pursuance of
the regular business of the corporation.

5644. WJiaf the hy-laius may provide.

Sec. 644. The by-laws of such corporations must specify the amount of the
periodical subscriptions or payments to be made by each member, the time and
manner in which such payments are to be made; the fines and forfeiture for
default; the time and manner of election of directors and otiier officers, and
their terms of office; the manner in which the real estate may be distributed,
allotted, or sold to its members; the terms and conditions upon which loans
may be made to its members and by them repaid to the corporation; the manner
in which a person may become and cease to be a meinl)t'r; the conditions an
which members may withdraw from the corporation, and the provisions f(jr tlie
payment to withdrawing members of the sums of money due to them arising
from subscrij)tions or payments, and the proi^ortion of the profits such with-
drawing members may receive on withdrawal.

5645. Secretary must make annual slalemod, and publisli same.

Sec. 645. The secretary of any such corporation must, once in each yo;ir din-
ing the existence of the corporation, prepare a full and explicit statement of the
financial affairs thereof, comprising a balance sheet, statements of receijjts and
expenditures, profit and loss, and assets and liabilities, which must be audited
and verified by two competent persons (not directors), elected by the general
body of shareholders, and be countersigned by the president and secretary. A
copy of such statement must be printed and circulated among the mend)ers,
and appear immediately after the annual meeting of the corporation daily at
least one week, or weekl}' at least four weeks, in one or more newspapers i)ub-
lished at the place of the principal business of the corporation.

5646. [Sec. 646'=^* was repealed by act approved March 30, 1874; Amend-
ments 1873-4, 217; took effect July 1, 1874. J

5647. Consolidalion and transfer of corporation business and property.

Sec 647. Any two or more such corporations may unite and become incor-
porated in one body, with or without any dissolution or division of the funds
of such corporation, or either of them; or any such corporation may transfer its
engagements, funds, and property to any other such corporation, upon such
terms as may be agreed upon by two thirds of the members of each of such
bodies present at general meetings of the members, convened for the purpose
by notice, stating the object of the meeting, sent through the post-office to
every member, and by general notice, appearing daily at least one week, or
weekly at least two weeks, in some newspaper published at the phxco of the
principal business of the corporation; but no such transfer can proju.lice any
right of any creditor of either corporation,

[Sec. 648'"' was repealed by act approved March 30, 1874; Amendments
1873-4, 217; took effect July 1, 1874.]

la) Kepealed section- corporation is unable to satisfy biu-U tU'Ms nml li«biH-

Sec. lilfl. Every present and past member of such cor- ties; nor mu»t any contributi,.u be r.Miuiro.1 fr..iu «i.y

poratiou is personally liable for such proportion of all member or past menib>-r ex.ee,l.[i« the '|i'>;'unt iinpuld

its debts and liabilities, incurred during his member- ou the shares lu respe.t ot which he is liable.

ship.as the number ot shares subscribed by Uiiu bears {h) Uepealed section: ,„...,„ .. i... .^.„i..^i

to the whole number ot subscribed shares; but no past Sicc. ..4^. Married wonien ""'l '" «»« «.> be »<» nitt^

member is liable for such contribution if more tu tn as members and mi.y take and ...Id sh-irc. '" ^''; ' ' " J"

one year has elapsed since he ceased to be a member p. .rations and may execute .1 ■!<-•«■'««'•> ns rume tn

before suit is commenced, nor for any debt or liability and -. ve a 1 uecess iry acqu tt inres an d sj an t^^

contracted after the time at which he ceased to be a fer their shares, in like mauuer us, other momberb.
member, uor unless it appears to the court that the

675

5654-5659 CIVIL CODE.

DIVISION SECOND.

Paet I. PROPEETY IN GENERAL 5C54

II. REAL OR I^kBIOVABLE PROPERTY 5755

III. PERSONAL OR MOVABLE PROPERTY 594G

IV. ACQUISITION OF PROPERTY GOOO

I^J^RT I.

PPtOPEPvTY IN GENERAL.

Title I. Nature of Propeety 5654

II. OwNEi;snip 5669

ITT. General Definitions 6748

TITLE I.

llahm of |Ji0|ici1ij.

5654. Properhj, what.

Sec. 654. The ownership of a thing- is the right of one or more persons to
possess and use it to the exclusion of others. In this code, the thing of which
there may be ownership is called property.

5655. In wliaf j^roperty may exist.

Sec. 655. There may be ownership of all inanimate things which are callable
of appropriation or of manual delivery; of all domestic animals; of all obliga-
tions; of such products of labor or skill as the composition of an author,
the good will of a business, trade-marks and signs, and of rights created or
granted h\ statute.

5656. Wild animals.

Sec. 656. Animals wild by nature are the subjects of ownership while living,
only when on the land of the person claiming them, or when tamed, or taken
and held in possession, or disabled and immediately pursued.

5657. Heal and personal.

Sec 657. Property is either:

1. Real or immovable; or,

2. Personal or movable.

5658. Ileal projoerty.

Sec 658. Real or immovable property consists of;

1. Land;

2. That which is affixed to huid;

3. That which is incidental or appurtenant to land;

4. That which is inujiovuble by law.

5659. Laiid.

Sec 659. Land is the solid material of the earth, whatever may be tlie ingre-
dients of which it is composed, whether soil, rock, or other substance.

076

PROPEKTY IN GENERAL. 5CG0-5G72

5660. Fixtures.

Sec. 6G0. A thing is deemed to be affixed to lund ^vlu'n it is ,ittu.-],ed f.; it l.v
roots, as m the case of trees, vinos, or shrubs; or inibeddc.l i.i it hh in the oas',
of walls; or permanently resting upon it, as in the case of buildin-s- or i)er
manentlj attached to what is thus permanent, as by means of cement,' plaster
nails, bolts, or screws. '

5661. Fixtures attached to mines.

Sec. 661. Sluice boxes, flumes, hose, pipes, railway bracks, cars, blacksmith
shops, mills, and all other machinery or tools used in working or develoi.i)!- a
mine, are to be deemed affixed to the mine. °

5662. Appurtenances.

Sec 662. A thing is deemed to be incidental or appurtenant to land when it
IS by right used with the land for its benefit, as in the case of a way, or water-
course, or of a passage for light, air, or heat from or across the land of another.

5663. Personal property.

Sec. 663. Every kind of property that is not real is personal.

TITLE II.

Chapter I. Owners 5669

II. Modifications of Ownership 5678

III. Rights of Owners 57:}2

IV. Termination of Ownership 573<j

CHAPTER I.

OWNERS.

5669. Owner.

Sec 5669. All property has an owner, whether that owner is the state, and
the property public, or the owner an individual, and the proi:)erty private. The
state may also hold property as a private proprietor.

5670. Property of state.

Sec 670. The state is the owner of all land below tide-water, and below
ordinary high-water mark, bordering ujDon tide-water within the state; of all
land below the water of a navigable lake or stream; of all property lawfully
appropriated by it to its own use; of all property dedicated to tlie state, and of
all property of which there is no other owner. [Amendment, approved March
30, 1874; Amendments 1873-4, 217; took efect July 1, 1874.<''>
5871. Who may own property.

Sec 671. Any person, whether citizen or alien, may take, hold, and dis]iose
of property, real or personal, within this state. [Amendment, appyn;! M.irr),
30, 1874; Amendments 1873-4, 217; took effect July 1, 1874.""
5672. Aliens inheriting must claim xoithinfive years.

Sec 672. If a non-resident alien takes by succession, he must ajipcar and
claim the property within five years from the time of succession, or be barred.
The property in such case is disposed of as provided in Title VIII, Part III,
Code of Civil Procedure. [See post, 11,269. J

(a) Original section: property dedicHted to the stnto, and of aU pn>porty of

Sec. 670. The state is the owner of aU land below which there is no otherowuer.

high water mark bordering upon tide water; of all (h) Original section:

land below the water of a lake or stream which con- Sec. fiTl. Any pei-sou, whether citizen or alien, may

stitutes an exterior boundary of the state; of aU prop- take and hold property, real or persnual.

erty lawfully appropriated by it to its own use; of all

677

5678-5G87 CIVIL CODE.

CHAPTER II.

MODIFICATIONS OF OWNERSHIP.

Abticle I. Intekksts in Peopkrty 5678

II. Conditions of Ownkkship 5707

III. EESTRAIN're UPON Aliknation 5715

IV. ACCCMCLATIONS , 5722

AETICLE I.

INTERESTS IN PROPERTY.

5678. Ownnship, absohife or qualified.

Sec. G78. The ownership of jDroperty is either:

1. Absolute; or,

2. Qualified.

5679. When absolute.

Sec. 679. The ownership of property is absolute when a single person has the
absolute dominion over it, and may use it or dispose of it according to his
pleasure, subject only to general laws.

5680. When qualified.

Sec. 680. The ownership of j)roj)erty is qualified:

1. "When it is shared with one or more persons;

2. "When the time of enjoyment is deferred or limited;

3. "When the use is restricted.

5681. Several ownejsJiip, what.

Sec. 681. The ownership of property by a single joerson is designated as a
sole or several ownership.

5682. Oionership of several 2')ersons.

Sec. 682. The ownership of property by several persons is either:

1. Of joint interests;

2. Of partnership interests;

3. Of interests in common;

4. Of community interest of husband and wife.

5683. Joint interest, ichat.

Sec. 683, A joint interest is one owned by several persons in equal shares, by
a title created by a single will or transfer, when expressly declared in the will
or transfer to be a joint tenancy, or when granted or devised to executors or
trustees as joint tenants.

5684. Partnership interest, vhat.

Sec 684. A partnership interest is one owned by several persons, in pai-tner-
ship, for partnership purposes.

5685. Interest in common, xoliat.

Sec. 685. An interest in common is one owned by several persons, not in
joint ownershiji or partnership.

5686. WJiat interests are in common.

Sec. 686. Every interest created in favor of several jiersons in their own right
is an interest in common, unless acquired by them in partnei'ship, for partner-
ship purposes, or unle.ss declared in its creation to be a joint interest, as pro-
vided in section 683, or unless acquired as community property.

5687. Community jjropertij.

Sec 687, Communitj' property is property acquired by husband and wife, or
either, during mamage, when not acquired as the separate property of either,

678

PEOPERTY IN GENERAL. 5088-5702

56B8. Intercf^fs as to time.

Sec. G88. In respect to the time of enjoyment, an interest in proix'rty is t-itber:

1. Present or future; and,

2. Perpetual or limited.

5689. Fr-eseiU interest, ichat.

Sec. G89. A j^resent interest entitles the owner to the innncdiute ]i(i',>--.s^inn
of the j)roperty,

5690. Future interest, ii;hat.

Sec. 690. A future interest entitles the owner to the possession of the j)rop-
erty only at a future period.

5691. Perpetual interest, what.

Sec. G91. A jDerpetual interest has a duration equal to that of the proj.crty.

5692. Limited interest, what.

Sec. G92. A limited interest has a duration less than that of the property.

5693. Kinds of future, interests.

Sec. G93. A future interest is either:

1. Vested; or,

2. Contingent.

5694. Vested interests.

Sec. 694. A future interest is vested w'hen there is a person in beinpf who
would have a right, defeasible or indefeasible, to the immediate possession of
the property, upon the ceasing of the intermediate or precedent interest.

5695. Contingent inteirsts.

Sec. 695. A future interest is contingent wliilst the person in whom, or the
event upon which it is limited to take effect remains uncertain.

5696. Two or more future interests.

Sec. 696. Two or more future interests may be createcLto take effect in the
alternative, so that if the first in order fails to vest, the next in succession shall
be substituted for it, and take effect accordingly.

5697. Certain future interests not to be void.

Sec. 697. A future interest is not void merely because of the improbabihty of
the contingency on which it is limited to take effect.

5698. Posthumous children.

Sec. 698. When a future interest is limited to successors, heirs, i.ssue, or
children, posthumous children are entitled to take in the same manner as if
living at the death of their parent,

5699. Qualities of expectant estates.

Sec. 699, Future interests pass by succession, will, and transfer, in the .same
manner as present interests.

5700. Mere possibility not an interest.

Sec. 700. A mere possibility, such as the expectancy of an heir apparent, is
not to be deemed an interest of any kind.

5701. Interests in real property.

Sec. 701. In respect to real or immovable property, the interests mentioned
in this chapter are denominated estates, and are specially named and classified
in Part II of this Division.

5702. Interests in personal pi-opeyiy.

Sec. 702. The names and classification of interests in real property have only
such application to interests in personal property as is in this division of the
code expressly provided.

679

5703-5718 CIYIL CODE.

5703. What future interests are recognized.

Sec. 703. No future interest in property is recognizecl by the law, except such
as is deiined in this diN^siou of the code.

AETICLE II.

COXDITIOXS OF OWNERSHIP.

5707. Fixing the time of enjoyment.

Sec. 707. The time when the enjoyment of property is to begin or end may
be determined by computation, or be made to depend on events. In the latter
case, the enjoyment is said to be upon condition.

5708. Conditions.

Sec 70S. Conditions are precedent or subsequent. The former fix the be-
ginning, the latter the ending, of the right.

5709. Certain conditions precedent void.

Sec 709. If a condition precedent requires the performance of an act wrong
of itself, the instinimeut containing it is so far void, and the right cannot exist.
If it requires the performance of an act not wrong of itself, but otherwise un-
lawful, the instrument takes effect and the condition is void.

5710. Conditio7is restraining marriage are void.

Sec 710. Conditions imposing restraints upon marriage, except upon the
marriage of a minor, are void; but this does not affect limitations where the
intent was not to forbid marriage, but only to give the use until mai'riage.
[Amendment, approved March ^Q , 1874; Amendments 1^1 ^—k, 21^; took effect July
1, 1874.^*>

5711. Conditions restraining alienation void.

Sec 711. Conditiqjis restraining alienation, when repugnant to the interest
created, are void.

AETICLE III.

RESTRAINTS UPON ALIENATION.

5715. IIow long it may be suspended.

Sec 715. The absolute power of alienation cannot be suspended, by any lim-
itation or condition whatever, for a longer period than during the continuance
of the lives of persons in being at the creation of tlie limitation or condition,
except in the single case mentioned in section 772.

5716. Future interests void, which suspend power of alienation.

Sec. 71G. Every future interest is void in its creation which, by any possibil-
ity, may suspend the absolute power of alienation for a longer period than is
prescribed in this chapter. Such power of alienation is suspended when there
are no persons in being by whom an absolute interest in possession can be con-
veyed.

5717. Lipases of agricultural land, for over ten years, void.

Sec 717. No lease or grant of agricultural land for a longer period than ten
years, in which shall be reserved any rent or service of any kind, shall be valid.

5718. Leases of city lots, for over twenty years, void.

Sec 718. No lease or grant of any town or city lot, for a longer period than
twenty years, in which shall be reserved any rent or service of any kind, shall
be valid.

(a) The original section did not have the last clause commencing with the words "but this does not affect
limitatiouii."

C80

PKOPEKTY IN GENERAL. 5722-5739

ARTICLE IV.

ACCUMULATIONS.

5722. Dispositions of income.

Sec. 722. Dispositions of the income of property to accrue and to "be received
at any time subsequent to the execution of the instrument creating such dispo-
sition, are governed by the rules prescribed in this title in relation to future
interests.

5723. Accumulations, ivhen void.

Sec 723. All directions for the accumulation of the income of property, ex-
cept such as are allowed by this title, are void.

5724. Accumulation of income.

Sec 724. An accumulation of the income of property, for the benefit of one
or more persons, may be directed by any will or transfer in writing sufficient to
pass the property out of which the fund is to arise, as follows :

1. If such accumulation is directed to commence on the creation of the inter-
est out of which the income is to arise, it must be made for the benefit of one or
more minors then in being, and terminate at the expiration of their minority; or,

2. If such accumulation is directed to commence at any time subsequent to
the creation of the interest out of which the income is to arise, it must com-
mence within the time in this title permitted for the vesting of future interests,
and during the minority of the beneficiaries, and terminate at the expiration of
such minority.

5725. Other directions, when void in part.

Sec 725. If in either of the cases mentioned in the last section the direction
for an acciamulation is for a longer term than during the minority of the bene-
ficiaries, the direction only, whether separable or not from other provisions of
the instrument, is void as respects the time beyond such minority.

5726. Application of income to support, etc. , of minor.

Sec 726. "When a minor for whose benefit an accumulation has been directed
is destitute of other sufficient means of support and education, the proper
court, upon application, may direct a suitable sum to be applied thereto out of
the fund.

CHAPTEE III.

EIGHTS OF OWNEKS.

5732. Increase of property.

Sec 732. The owner of a thing owns also all its products and accessions.

5733, In certain cases, who entitled to income of property.

Sec 733. When, in consequence of a valid limitation of a future interest,
there is a suspension of the power of alienation or of the ownership during the
continuation of which the income is undisj)osed of, and no valid du-ection for its
accumulation is given, such income belongs to the persons j^resumx^tively
entitled to the next eventual interest.

CHAPTEE IV.

TERMINATION OF OWNERSHIP.

5739. Future interests, when defeated.

Sec. 739. A future interest, depending on the contingency of the death of
any person without successors, heirs, issue, or children, is defeated by the
birth of a posthumous child of such person, capable of taking by succession.

681

5740-5749 CIYIL CODE.

5740. Same.

Sec. 740. A future interest may be defeated in any manner or by any act or
means which the party creating such interest provided for or authorized in the
creation thereof; nor is a future interest, thus liable to be defeated, to be on
that ground adjudged void in its creation.

5741. Future iiilei-esls, u-hen not defeated.

Sec. 741. No future interest can be defeated or ban-ed by any alienation or
other act of the owner of the intermediate or precedent interest, nor by any
destruction of such precedent interest by forfeiture, surrender, merger, or
otherwise, except as jirovided by the next section, or where a forfeitui-e is im-
jjosed by statute as a penalty for the violation thereof.

5742. Same.

Sec. 742. No future interest, valid in its creation, is defeated by the deter-
mination of the precedent interest before the hapj)ening of the contingency on
which the future interest is limited to take effect; but should such contingency
afterwards happen, the future interest takes effect in the same manner and to
the same extent as if the precedent interest had continued to the same period.

TITLE III.

5748. Income, what.

Sec, 748. The income of property, as the term is used in this j^art of the
code, includes the rents and profits of real proiDcrty, the interest of money,
dividends upon stock, and other produce of personal property.

5749. Time of creation, what.

Sec. 749. The delivery of the gi'ant, where a limitation, condition, or future
interest is created by grant, and the death of the testator, where it is created
by will, is to be deemed the time of the creation of the limitation, condition, or
interest, within the meaning of this j)art of the code.

682

REAL PROrERTY. 5755-5763

I^A-HT II.

EEAL OR IMMOVABLE PROPERTY.

Title I. Genekal Provisions 5755

II. Estates in Real Property 57G1

III. Rights and Obligations of Owners 5118

•IV. Uses and Trusts 5847

V. Powers 5878

TITLE I.

(Sencral IJroubJon^j.

5755. Law governing real property.

Sec. 755. Real property within this state is governed by the law of this state,
except where the title is in the United States. [Amendment, approved 3Iarch 30,
1874; Amendments 1873-4, 218; took effect July 1, 1874.'^'

TITLE II.

^0tatc$ in JJcal |Jro|if rtij.

Chapter I. Estates in General 5761

II. Termination of Estates 5789

III. Servitudes 5801

CHAPTER I.

estates in general.

5761. Enumeration of estates.

Sec. 761. Estates in real property, in respect to the duration of their enjoy-
ment, are either:

1. Estates of inheritance or perpetual estates;

2. Estates for life;

3. Estates for years; or,

4. Estates at will.

5762. Estates in fee.

Sec. 762. Every estate of inheritance is a fee, and every such estate, when not
defeasible or conditional, is a fee simjile, or an absolute fee. [Ameiidment, ap-
proved March 30, 1874; Amendments 1873-4, 218; took effect July 1, 1874.^'^>

5763. Conditional fees and estates tail abolished.

Sec. 763. Estates tail are abolished, and every estate which would be at com-
mon law adjudged to be a fee tail is a fee simple; and if no valid remainder is
limited thereon, is a fee simple absolute.

(a) The orif^inal Bection did not have the last clause ing the abolition of tenures, continues to be called a

commencing with the words " escept where the title." fee simple, or fee; and every Bi:ch estate, when not de-

(6) Original section: feasible or conditional, is called a fee simple absolute.

Sec. 762. Every estate of inheritance, notwithstand- or an absolute fee.

683

5764:-5773 CB'IL CODE.

5764. Certain remainders valid.

Sec. 704:. Where a remainder iu fee is limited uj^on any estate, wliich would
by the common law he adjudged a fee tail, such remainder is valid as a con-
tingent limitation ujion a fee, and vests in possession on the death of the first
taker, without issue living at the time of his death.

5765. Freeholds — Chattels real — Chattel interests.

Sec. 7G5. Estates of inheritance and for life are called estates of freehold;
estates for years are chattels real; and estates at will are chattel interests, but
are not liable as such to sale on execution,

5766. Estate for life of a third 2)srson, a fi'eehold.

Sec 7GG. An estate during the life of a third person, whether limited to
lieii'S or otherwise, is a freehold. [Amendment, approved March 30, 1874;
Amendments 1873-4, 218; took effect July 1, 1874.'"^

5767. Fi(fu7-e estates, ichat.

Sec. 7(J7. A future estate may be limited by the act of the party to commence
in i^ossession at a future day, either without the intervention of a precedent
estate, or on the termination, by lapse of time or otherwise, of a precedent
estate created at the same time.

5763. Reversions.

Sec 708. A reversion is the residue of an estate left by operation of law in
the grantor or his successors, or in the successors of a testator, commencing in
possession on the determination of a particular estate granted or devised.

5769. Remainders.

Sec 709. 'S\'hen a future estate, other than a reversion, is dej)endent on a
precedent estate, it may be called a remainder, and may be created and trans-
fen-ed by that name.

5770. Limitations of chattels real.

Sec. 770. The absolute ownership of a term of years cannot be suspended for
a longer period than the absolute power of alienation can be suspended in
respect to a fee. [Amendment, approved March 30, 1874; Amendments 1873-4,
218; took effect July 1, 1874.*"'

5771. Suspension by trust.

Sec 771. The suspension of all pow'er to alienate the subject of a trust, other
than a j)ower to exchange it for other j)roperty to be held upon the same trust,
or to sell it and reinvest the proceeds to be held upon the same trust, is a sus-
pension of the jjower of alienation, within the meaning of section 715.

5772. Contingent remainder in fee.

Sec 772. A contingent remainder in fee may be created on a prior remainder
m fee, to take effect in the event that the persons to whom the first remainder
IS limited die under the age of twenty-one years, or upon an^^ other contingency
by Avhich the estate of such persons may be determined before they attain
majority.

5773. Remainders, future and contingent estates, how created.

Sec 773. Subject to the rules of this title, and of Part I of this Division, a
freehold estate, as well as a chattel real, may be created to commence at a future
day; an estate for life may be created in a term of years, and a remainder lim-
ited thereon; a remainder of a freehold or chattel real, either contingent or

(a) 0ri(,'iD8l BC'ctlon: (h) The original section had the following prefatory

Bkc. 70(.. An ihtitte during the life of a third prrson, -wiiraK: "The iJroviHions of Title II of Pint I of this

whether liiuited to heirh or otherwise, is ii freehold DiviBion, relative to future entuteB, apply to liniitiitions

only during tlie life of the grantee or deviBte. After of chuttelB real, ae well as to freehold eatates, so that."

DIB death it in a chattel real.

C84

EEAL PROPERTY. 5773-5789

vested, may be created, exi:)ectant on the determination of a term of years; and
a fee may be limited on a fee, upon a contingency, which, if it should occur,
must hapi:)en within the period prescribed in this title.

5774. Limitation of successive estates for life.

Sec. 774. Successive estates for life cannot be limited, except to persons in
being at the creation thereof, and all life estates subsequent to those of persons
in being are void; and upon the death of those persons the remainder, if valid in
its creation, takes effect in the same manner as if no other life estate had been
created. [Amendment, approved March 30, 1874; Amendments 1873-4, 219; took
effect July 1, 1874.^"'

5775. Remainder upon estates for life or term of years.

Sec. 775. No remainder can be created upon successive estates for life, pro-
vided for in the preceding section, unless such remainder is in fee; nor can a
remainder be created upon such estate in a term for years, tinless it is for the
whole residue of such term. [Amendme7il, approved 31arch 30, 1874; Amend-
ments 1873-4, 219; took effect July 1, 1874.^'"

5776. Contingent remainder on a term of years.

Sec. 776. A contingent remainder cannot be created on a term of years, unless
the nature of the contingency on which it is limited is such that the remainder
must vest in interest during the continuance or at the termination of lives in
being at the creation of such remainder.

5777. Remainder of estates for life.

Sec. 777. No estate for life can be limited as a remainder on a term of years,
except to a person in being at the creation of such estate.

5778. Remainder upon a contingency.

Sec. 778. A remainder may be limited on a contingency which, in case it
should happen, will operate to abridge or determine the precedent estate; and
every such remainder is to be deemed a conditional limitation.

5779. Heirs of a tenant for life, ivhen to fake as purchasers.

Sec 779. When a remainder is limited to the heirs, or heirs of the body, of a
person to whom a life estate in the same property is given, the persons who, ou
the termination of the life estate, are the successors or heirs of the bod}- of the
owner for life, are entitled to take by virtue of the remainder so limited to them,
and not as mere successors of the owner for hfe.

5780. Construction of certain remainders.

Sec 780. When a remainder on an estate for life, or for years, is not limited
on a contingency defeating or avoiding such precedent estate, it is to be deemed
intended to take effect only on the death of the first taker, or the expiration, by
lapse of time, of such term of years.

5781. Effect of power of appointment.

Sec 781. A general or special power of appointment does not prevent the
vesting of a future estate limited to take effect in case such power is not
executed.

CHAPTER II.

TERMINATION OF ESTATES.

5789. Tenancy at will may he terminated by notice.

Sec 789. A tenancy or other estate at will, however created, may be termi-
nated by the landlord's giving notice in writing to the tenant, in the manner

(a) The original section did not have the words "and (6) The original section did not have the words "pro.
all life estates subsequent to those of persons in being vided for in the jirecediug sectiou."
are void."

685

5789-5802 CIVIL CODE.

IDrescribed h\ section 11G2 of the Code of Civil Procedure, to remove from the
premises within a period of not less than one month, to be specified in the
notice.

5790. £[ft:ct of notice.

Sec. 790. After such notice has been served, and the period specified by such
notice has expired, but not before, the landlord may re-enter, or proceed accord-
ing to law to recover possession.

5791. la'-enlrij, ichen and how to he made.

Sec. 791. Whenever the right of re-entry is given to a grantor or lessor in any
gi-ant or lease, or otherwise, such re-entry may be made at any time after the
ri"ht has accrued, upon three days' notice, as provided in sections llGl and
11G2, Code of Civil Procedure.

5792. Summary proceedings in certain cases provided for .

Sec. 792. Summary proceedings for obtaining possession of real property
forcibly entered, or forcibly and unlawfully detained, are provided for in sec-
tions 1159 to 1175, both inclusive, of the Code of Civil Procedure.

5793. Xotice not nrcessai-y be/ore action.

Sec. 793. An action for the possession of real property leased or granted,
with a right of re-entr}^, may be maintained at any time, in the district court,
after the right to re-enter has accrued, without the notice prescribed in section
791.

CHAPTER III.

SERVITUDES.

5801. Servitudes attached to land.

Sec. 801. The following land burdens, or servitudes upon land, may be at-
tached to other land as incidents or appurtenances, and are then called ease-
ments:

1. The right of i^asture;

2. TLie right of fishing;

3. The right of taking game;

4. The right of wa}';

5. The right of taking Nvater, wood, minerals, and other things;
G. The right of transacting business upon land;

7. The right of conducting lawful sports upon land;

8. The right of receiving air, light, or heat from or over, or discharging the
Bame upon or over land;

9. Tlie right of receiving water from or discharging the same upon land;

10. The right of flooding land;

11. The right of having water flow without diminution or disturbance of any
kind;

12. The riglit of using a wall as a party wall;

13. Tlie right of receiving more than natural support from adjacent land or
things affi.\ed thereto;

14. The right of having the whole of a division fence maintained by a coter-
minous owner;

15. Tlie right of having public conveyances stopped, or of stopping the same
on land;

10. Tlie right of a seat in church;
17. Tlie right of burial.

5802. Servitudes not attached to land.

Sec. 802. The following land burdens, or servitudes upon laud, may be
granted and lield, though not attached to land:

G8G

REAL PROPERTY. 5802-5811

1. The right to pasture, and of fishing and taking game;

2. The right of a seat in church;

3. The right of burial;

4. The right of taking rents and tolls;

5. The right of Avay;

C. The right of taking water, wood, minerals, or other things. [Amendmeitt,
approved March 30, 1874; Amendments 1873-4, 219; took effect July 1, 1874.<'"

5803. Designation of estates.

Sec. 803. The land to which an easement is attached is called the dominant
tenement; the land upon which a burden or servitude is laid is called the ser-
vient tenement.

5804. By ivhom grantdble.

Sec. 804. A servitude can be created only by one who has a vested estate in
the servient tenement.

5805. By whom held.

Sec. 805. A servitude thereon cannot be held by the owner of the servient
tenement.

5808. Extent of servitudes.

Sec. 80G. The extent of a ser^dtude is determined by the terms of the grant,
or the nature of the enjoyment by which it was acquired.

5807. Apportioning easements.

Sec 807. In case of partition of the dominant tenement the burden must be
apportioned according to the division of the dominant tenement, but not in such
a way as to increase the burden upon the servient tenement.

5808. Rights of oivner of future estate.

Sec. 808. The owner of a future estate in a dominant tenement may use ease-
ments attached thereto for the purpose of viewing waste, demanding rent, or
removing an obstruction to the enjoyment of such easements, although such
tenement is occupied by a tenant.

5809. Actions by owner and occupant of dominant tenement.

Sec. 809. The owner of any estate in a dominant tenement, or the occupant
of such tenement, may maintain an action for the enforcement of an easement
attached thereto.

5810. Actions by owner of servient tenement.

Sec. 810. The owner in fee of a servient tenement may maintain an action
for the possession of the land, against any one unlawfully possessed thereof,
though a servitude exists thereon in favor of the public.

5811. How extinguished.

Sec 811. A servitude is extinguished:

1. B3- the vesting of the right to the servitude and the right to the servient
tenement in the same person;

2. By the destruction of the servient tenement;

3. B}^ the performance of any act upon either tenement, by the owner of the
servitude, or with his assent, which is incompatible with its nature or exer-
cise; or,

4. When the servitude was acquired by enjoyment, by disuse thereof by the
owner of the servitude for the period prescribed for acquiring title by enjoy-
ment.

(a) The original section did not have the words, " to pasture, and " in the first subdivision, and did not have
the sixth subdivision,

687

5818-5823 CR'IL CODE.

TITLE III.

Jliijljt^ m\h (!)bii9atioi!0 of (Dinners.

Chapter I. Rights of Owners 5818

II. OBLia.vrioNS of Owners i 5840

CHAPTEE I.

EIGHTS OF OWNERS.

Article I. Incidents of Owneeship. 5818

II. BuCN-DAKIES , 5829

ARTICLE I.

INCIDENTS OF OWNERSHIP.

5818. Fiiqhls of tenant for life.

Sec. 818. The owner of a life estate may use the land in the same manner as
the owner of a fee simple, except that he must do no act to the injury of the
inheritance.

5819. Bifilds of tenant for years, etc.

Sec. 819, A tenant for years or at will, unless he is a wrongdoer by holding
over, may occupy the buildings, take the annual products of the soil, work
mines and quarries open at the commencement of his tenancy.

5820. Same.

Sec 820. A tenant for years or at will has no other rights to the property
than siich as are given to him by the agreement or instnimeut by which his
tenancy is acquired, or by the last section.

5821. Pdyhis of grantees of rents and reversions.

Sec 821. A person to whom any real property is transferred or devised, upon
which rent has been reserved, or to whom any such rent is transferred, is en-
titled to the same remedies for recovery of rent, for non-performance of any of
the terms of the lease, or for any waste or cause of forfeiture, as his grantor or
devisor might have had.

5822. Liability of assignee of lessee.

Sec. 822, AVhatever remedies the lessor of any real property [has] against his
immediate lessee for the brea/;h of any agreement in the lease, or for recoveiy
of the possession, he has against the assignees of the lessee, for any cause of
action •accruing while they are such assignees, except where the assignment is
made by way of security for a loan, and is not accomi^anied by possession of
the premises. [Amendment, approved Mardi 30, 1874; Amendments 1873-4, 219;
took effect July 1, 1874,* ">

5823. Rights of lessees and their assignees, etc.

Sec, 823, "Whatever remedies the lessee of any real property may have
against his immediate lessor, for the breach of any agreement in the lease, he
may have against the assigns of the lessor, and the assigns of the lessee may
have againt the lessor and his assigns, except upon covenants against incum-
brances or relating to the title or possession of the premises.

(a) TL<: '■ri^'iiial htction did not liave the lufct clause commencing with the words " for any cause of action."

688

KEAL PEOPERTY. 5824-5832

5824. Remechj on leases for life.

Sec. 824. Pieut due upon a lease for life may be recovered in the same manner
as upon a lease for years.

5825. Bent dependent on life.

Sec. 825. Rent dependent on the life of a person may be recovered after as
well as before his death.

5826. Remedy of reversioners , etc.

Sec. 826. A person having- an estate in fee, in remainder or reversion, may
maintain an action for any injury done to the inheritance, notwithstanding an
intervening estate for life or years, and although, after its commission, his estate
is transferred, and he has no interest in the property at the commencement of
the action.

5827. Terms of lease may he changed by notice.

Sec 827. In all leases of lands or tenements, or of any interest therein, from
month to month, the landlord may, upon giving notice in writing at least fifteen
days before the expiration of the month, change the terms of the lease, to take
effect at the expu-ation of the month. The notice, when served upon the tenant,
shall of itself operate and be effectual to create and establish, as a part of the
lease, the terms, rent, and conditions specified in the notice, if the tenant shall
continue to hold the premises after the expiration of the month. [New section,
approved Ilarch 30, 1874; Amendments 1873-4, 220; took effect July 1, 1874.

ARTICLE II.

boundaries.

5829. Rights of owner.

Sec. 829, The owner of the land in fee has the right to the surface and to
everything permanently situated beneath or above it.

5830. Boundaries by ivater.

Sec 830. Except where the grant under Avhich land is held indicates a different
intent, the owner of the upland, Avhen it borders on tide water, takes to ordi-
nary high water mark; when it borders ujDon a navigable lake or stream, where
there is no tide, the owner takes to the edge of the lake or stream, at low water
mark; when it borders ujDon any other water, the owner takes to the middle of
the lake or stream. [Aynendment, approved March 30, 1874; Amendments 1873-4,
220; took eff'ect July 1, 1874,^^'

5831. Boundaries by ways.

Sec 831. An owner of land bounded by a road or street is presumed to own
to the centre of the way, but the contrary may be shown.

5832. Lateral and subjacent support, right of owner to excavate.

Sec 832. Each coterminous owner is entitled to the lateral and subjacent
support which his land receives from the adjoining land, subject to the right of
the owner of the adjoining land to make proper and usual excavations on the
same for purjDOses of construction, on using ordinary care and skill, and taking
reasonable precautions to sustain the land of the other, and giving previous
reasonable notice to the other of his intention to make such excavations.
[Amendment, approved March 30, 1874; Amendments 1873-4, 221; took effect
July 1, 1874.^^'

(a) Original section: water, the owner takes to the middle of the lake or

Sec. 830. When land borders upon tide water, or stream,

upon water which constitutes an exterior bouudai-y of (a) Original section:

the state, the owner of the upland takes to high water Sec. 832. Each coterminous owner is entitled to the

mark; when it borders upon a navigable lake where lateral and subjacent support which his laud by nature

there is no tide, the owner takes to the edge of the lake receives from the laud of the other,
at low water naark; when it borders upon any other

44 689

5833-5852 CIVIL CODE.

5833. Trees tchose trunks are iL-liolhj on land of one.

Sec. 833. Trees whose trunks stand wholly upon the land of one owner
belong exclusively to him, although their roots grow into the laud of another.

5834. Line trees.

Sec. 83-4. Trees whose trunks stand partly on the land of two or more coter-
minous owners, belong to them in common.

CHAPTEE II.

OBLIGATIONS OF OWNERS.

5840. Duties of tenant for life.

Sec. 840. The owner of a life estate must keep the buildings and fences in
rejmir from ordinary waste, and must pay the taxes and other annual charges,
and a just proportion of extraordinary assessments benefiting the whole inher-
itance.

5841. Monuments and fences.

Sec. 8-41. Coterminous owners are mutually bound equally to maintain:

1. The boundaries and monuments between them;

2. The fences between them, unless one of them chooses to let his land lie
without fencing; in which case, if he afterwards incloses it, he must refund to
the other a just projjortion of the value, at that time, of any division fence
made b}' the latter.

[In a number of the counties there are special laws concerning division and
partition fences; and in so far as they are in force they modify the above pro-
visions. See post, 15,308 to 15,335. J

TITLE lY.

5847. What uses and trusts may exist.

Sec. 84:7. Uses and trusts in relation to real j^roperty are those only w^hich
are specified in this title.

[Sees. 848, 849, 850 and 851^"' were repealed by act approved March 30, 1874;
1874; Amendments 1873-4, 221; took effect July 1, 1874.]

5852. Trust to be in writing.

Six. 852. No trust in relation to real property is valid unless created or
declared:

1, By a written instrument, subscribed by the trustee, or by his agent thereto
authorized by writing;

2, By the instrument under which the trustee claims the estate affected; or,

3, By operation of law.

(a) llepealcd KfctionK: Rkc. 850. Everj' (IJRposition of real proporty. whether

8kc. 8H. Ever}' I'"'™"" who, by virtue of any transfer by tninsl'er or will, must bo m.adc directly to the per-

or (ieviw-., in entitled to tbe actiiiil poHKCKsion of real Bon iu whom tlie right to the iiosFcKsion mid prolitB is

propr-rty, and the n-ciipt of the rintK and profits intended to*be vestinl, and not to any other, to the use

then-ot, IK to be deewjeil to havi- a legal ehtiiti- therein, of or iu trust for such person; and if made to any per-

of the Haine quality anrl duration, and subject to the son, to the nee of or in trust for another, no cstnte or

name conditiouK. as his beneficial interest. interest vests in the trustee; but he must execute a re-

Skc. 810. The last section does not divest the estate lease of the projjerty to the beneficiary on demand, the

of any trustee in a trust, where the title of such trustee latter jjaying the expense thereof.

is not mi rely nominal, but is (dni]i-<t<-d witli some Sec. 8.'>1. The preceding se(ti<ins of this title do not

power of actual disposition or management in rela- extend to trusts arising or resulting by implicjitiDii of

tion to the real iiroperty which ib the subject of the law, nor i)revent or iiffeit the creation of such express

trubt. trusts as are hereinalter authorized and defmed.

690

EEAL PROPERTY. 5853-5859

5853. RpMilting trust, lohen presumed.

Sec. 853. When a transfer of real property is made to one person, and the
consideration therefor is paid by or for another, a trust is presumed to result
in favor of the person by or for whom such payment is made. [Amendment, ap-
proved March 30, 1874; Amendments 1873-4, 221; took effect July 1, 1874.<'''

[Sees. 854 and 855*"' were repealed by act approved March 30, 1874; Amend-
ments 1873-4, 221; took effect July 1, 1874.]

5856. Purchasers protected.

Sec. 856. No implied or resulting trust can prejudice the rights of a purchaser
or incumbrancer of real property for value and without notice of the trust.

5857. Express trusts, for what purposes created.

Sec. 857. Express trusts may be created for any of the following purposes:

1. To sell real property, and apply or dispose of the proceeds in accordance
with the instrument creating the trust;

2. To mortgage or lease real property for the benefit of annuitants or other
legatees, or for the purpose of satisfying anj' charge thereon;

3. To receive the rents and profits of real property, and pay them to or apply
them to the use of any person, whether ascertained at the time of the creation
of the trust or not, for himself or for his family, during the life of such person,
or for any shorter term, subject to the rules of Title II of this Part; or,

4. To receive the rents and profits of real property, and to accumulate the
same for the purposes and within the limits prescribed b}' the same title.
[Amendment, ajjpi-oved 3Ia7-ch 30, 1874; Amendments ISTS-A, 221; look effect July
1, 1874.*^^

[Sec. 858, as originally passed,***' was repealed by act approved March 30,
1874 (Amendments 1873-4, 222; took effect July 1, 1874), and a new section
substituted in its place, as follows:]

5858. Powers, when deemed part of the security.

Sec 858. Where a power to sell real property is given to a mortgagee, or
other incumbrancer, in an instrument intended to secure the payment of money,
the power is to be deemed a part of the security, and vests in any j^erson who,
by assignment, becomes entitled to the money so secured to be j^iaid, and may
be executed by him whenever the assignment is duly acknowledged and re-
corded. [Neiv section, approved March 30, 1874; Amendments 1873-4, 222; took
effect July 1, 1874.

5859. Profits of land liable to creditors in certain cases.

Sec. 859. Where a trust is created to receive the rents and profits of real
property, and no valid direction for accumulation is given, the surplus of such
rents and profits, beyond the sum that may be necessary for the education and
support of the person for whose benefit the trust is created, is liable to the
claims of the creditors of such person, in the same manner as jpersonal property
which cannot be reached by execution.

<a) Original section: fer in Lis own name, without the consent or knowledge

Sec. 85y. where a transfer of real property Is made of the person paying the consideration; nor, 2. To cases

to one person, and the consideration therefor is paid where the gr.iutee, in violation of a trust, purchased

by or for another, no use or trust results in favor of the the real property so transferred with property belong-

person by or for whom such payment is made; but the ing to another person.

title vests in the grantee, subject only to the provisions (c) The original section differed in the first subdl-

of the next two sections. vision, which reid: "1. To sell real property for the

(6) Repealed sections: benefit of creditors." In the second subdivision it had

Sec. 854. Every such transfer as is described in the the word " sell " before the word " mortgage."

last section is presumed to be fraudulent as agaiust the (d) Repealed section:

creditors, at that time, of the person ijaying the con- Sec. Ha.i. A devise of real property to executors or

eideration; and where a fraudulent intent is not dis- other trustees, to be sold or mortgaged, where the

proved, a trust results in favor of such ci-editors to the trustees are not also empowered to receive the rents

extent necessary to satisfy their just demands. and profits, vests no estate in them; but the trust is

Sec. 85.5. Section 853 does not api)ly: 1. To cases valid as a power in trust,
■where the grantee took the grant as an absolute trans-

691

oS3d-58G9 CITIL CODE.

[Sec. 8G0, as originally passed/'^ was repealed by act approved Marcli 30,
1874 (Amendments 1873-4, 222; took effect July 1, 1874), and a new section
substituted in its place, as follows:]

5860. Poivers, execution of.

Sec. 860. Where a power is vested in several persons, all must unite in its
execution; but, in case any one or more of them is dead, the power may be
executed by the sm-vivor or sur%-ivors, unless otherwise prescribed by the terms
of the power. [New section, ajyproved March 30,1874; Amendmental^l^-^:, 222;
took effect Juhj 1, 1874.

[Sec 8G1 and 802*"' were repealed by act approved March 30, 1874; Amend-
ments 1873-4, 222; took effect July 1, 1874.]

5863. Trustees of express trusts to have whole estate.

Sec 8G3, Except as hereinafter otherwise provided, every express trust in
real pi'operty, valid as such in its creation, vests the whole estate in the trus-
tees, subject only to the execution of the trust. The beneficiaries take no
estate or interest in the projierty, but may enforce the performance of the trust.

5864. Author of trust may devise, etc.

Sec. 8G4. Notwithstanding anything contained in the last section, the author
of a trust may, in its creation, prescribe to whom the real property to which
the trust relates shall belong, in the event of the failure or termination of the
trust, and may transfer or devise such property, subject to the execution of the
tmst.

5865. Title of grantor of trust property.

Sec 8G5. The gi-antee or devisee of real jDroperty subject to a trust acquii-es
a legal estate in the property, as against all persons except the trustees and
those lawfully claiming under them.

5866. Interests remaining in grantor of express trust.

Sec 8G6. Where an express trust is created in relation to real property, every
estate not embraced in the trust, and not otherwise disposed of, is left in the
author of the ti-ust or his successors.

5867. Beneficiary may he restrained from disposing of interest.

Sec 867. The beneficiary of a trast for the recei2:)t of the rents and profits
of real property, or for the jjayment of an annuity out of such rents and profits,
may be restrained from disposing of his interest in such trust, during his life
or for a tenn of years, by the instrument creating the trust. [Amejidment,
aiyproved March 30, 1874; Amendments 1873-4, 223; took effect July 1, 1874.<'=>

I Sec 868"" was repealed by act approved March 30, 1874; Amendments
1873-4, 223; took effect July 1, 1874.]

536*9. Express trust, lolien deemed absolute grant in favor of purchasers from
trustees.

Sec 869. Where an express trust is created in relation to real property, but
is not contained or declared in the grant to the trustee, or in an instrument
signed by him, and recorded in the same office with the grant to the trustee,

(n) Reiieiilfd Bcctlon: power In trust, the ronl property to wliich the truBt

Skc. H((i. ANhi-re an expreKS tnist in relation to real reiiitcB reiiuiiiiR in. or pasgiis by succcBSiou to, the per-

propirty m <Ti-Bt4<l for any pjirpohe not enumerated in sons otherwise entitled, Bubject to the execution of the

the preceding He<ti<pnH. Bucli trust vests \u> estate in the trust as a power in trust.

trustees; but the tnist. if direrting or authorizing the (c) Original Beetion:

perfornianie oJ any a. t which may be lawfully per- Skc. «(i7. The benehciary of a trust for the receipt of

forined undi-r a power, is valid as a power in trust, the rents and iirofits of real property cannot transfer

subject to the jirovisions in relation to such powerB or in anv manner dispose of his interest in Buch truBt.

contained in TiUe V of this Part. (d) Kepeoled section:

(fc) Kepealed BCctions: Sec. «0K. The beneficiary of a trust for the payment

SEf. «tll. Nothing in this title prevents the creation of an annuity uni of the rents and i>rofits of real prop-

of a power in trust for any of the purposes for which erty, or of a sum in groBB, can dispose of his interest

an express trust may be created. in such trust.
Sec. 862. In every case where a trust is valid as a

692

PERSONAL PROPERTY. 5869-594G

such grant must be deemed absolute in favor of purchasers from such trustee
without notice, and for a valuable consideration. [Amendment, approved
March 30, 1874; Amendments 1873-4, 223; took effect July 1, 1874.^"'

5870. Certain sales, etc., by trustees, void.

Sec. 870. Where a trust in relation to real property is expressed in the insti-u-
ment creating- the estate every transfer or other act of the trustees, in contra-
vention of the trust, is absolutely void.

5871. When estate of trustee to cease.

Sec 871. When the purpose for which an express trust was created ceases,
ihe estate of the trustee also ceases.

[TITLE y.]

[iloiiicr0.]

[This entire title, on the subject of " Powers," embracing sections from 878
to 940, inclusive, was repealed by act approved March 30, 1874; Amendments
1873-4, 223; took effect July 1, 1874. On account of the unimportance, under
the circumstances, of these repealed sections, as well as on account of their
length, they are omitted from the foot-notes; and the inquirer, who may desire
to consult them, is referred to the Civil Code as jDublished in 1872.]

I>^IIT III.

PERSONAL OR MOVABLE PROPERTY.

Title I. Personal Property in General 5946

11. Particular Kinds of Personal Property 5953

TITLE I.

|)cr$0nal Jliopcrtij in (BcncraL

5946. By tchat law governed.

Sec. 946. If there is no law to the contrary in the place where personal
property is situated, it is deemed to follow the person of its owner, and is
governed by the law of his domicile. [Re-enactment, approved March 9, 1876;
Amendments 1875-6, 78; took effect sixtieth day after passage.

[The foregoing section may have been repealed by act ajiproved March 80,
1874; Amendments 1873-4, 223. The section containing the repeal, if there
was any repeal, referred to the pre\dous title, but apparently treated this section
as a part of such title. The repealing section was as follows:

" Sec 123. Title V, of Part III, of Division II, on Powers of the Civil Code,
embracing sections of said code from section 878 to 946, inclusive, is repealed."

(a) Original Bection: absolute in favor of the PubBoquent creditors of the

Sec. 869. Where an express trust is created in rela- trustees, not having notice of the trust, and in favor of

tion to real property, but is not contained or declared purchasers from such trustees without notice, and for

in the grant to the trustee, such grant must be deemed a valuable consideration.

693

5946-59C1 CIVIL CODE.

It ^Yill be observed that section 940 was not embraced in the title referred to;
that it was not upon the subject of Powers, and that the repeal, if any, was
effected by the use of the word " inclusive." However this may have been, the
section was re-enacted by act approved March 9, 1870; Amendments 1875-6,
78; took effect sixtieth day after passage.]

[Sec 947 ^"^ was repealed by act approved March 30, 1874; Amendments
1873-4, 223; took effect July 1, 1874.J

TITLE II.

Particular BiuD0 of Pergonal IJroiicrtij.

Chapter I. Things in Action 5953

II. Shipping 5960

III. Products of the Mind 5980

IV. Other kinds of Personal Property 5991

CHAPTEK I.

THINGS IN ACTION.

5953. Thing in action defined.

Sec. 953. A thing in action is a right to recover money or other personal
property by a judicial proceeding. [Amendment, approved 31arch 30, 1874 ;
Amendments 1873-4, 223; took effect July 1, 1874.'''>

5954. Transfer and survivorship.

Sec. 954. A thing in action, arising out of the violation of a right of prop-
erty, or out of an obligation, may be transferred by the owner. Upon the
death of the owner it passes to his personal representatives, except where, in
the cases i:)rovided in the Code of Civil Procedure, it passes to his devisees or
successor in office.

CHAPTEK II.

SHIPPING.

Akticle I. Genkbal Pbotisions 5960

II. RcLEs OF Navigation 5970

AKTICLE I.

GENERAL PROVISIONS.

5960. Ship, shif>ping terms defined.

Skc. 900. The term ship, or shipping, when used in this code, includes steam-
boats, sailing vessels, canal boats, barges, and every structure adapted to be
navigated from place to place for the transi:)ortation of merchandise or persons.
[Amendment, approved March 30, 1874; Amendments 1873-4, 224; took effect
Jul'/ 1, 1874.<'>

5961. Aprpxirtennnces and erpiipments.

Sec. 961. All things, belonging to the owners, which are onboard a ship, and
are connected with its proper use, for the objects of the voyage and adventure
in which the ship is engaged, are deemed its appurtenances.

{n) Rf-pealerl Bcrtlon: (i) The originHl Bpction, instead of " money or other

Sr.f. 'H'l. When- iin<- hHH the pnprnt «nrl nnnOirr tho perHonnl property. " had the word " BOinething."

future int«-r<-Ht In » \h\nv. i>< n-nnHi. i,n.| th<- tiling ifl (c) Original section:

p<-rihh«1)le. the latter rnay nrjiiin it t<. In- Knld. imd tlio Sec. 9()(). A ship iB any Btnieture fitted for naviga-

proie«dB Invested for the Ij. iicllt of both jmrtieh, ae- tion. Every kiud of ship is included in the term

cording to their reppertivH inti ri-htK: ixcipt in caKe of "Bhipping."

a thing Bpetially appropriated to a particular UBe.

694

PERSONAL PROPERTY. 59G2-5970

5962. Foreign and domestic navigation.

Sec. 9G2. Ships are engag-ed either in foreign or domestic navigation, or in
the fisheries. Ships are engaged in foreign navigation when passing to or from
a foreign countr}^; and in domestic navigation, when passing from place to place
within the United States.

5963. Foreign and domcHlic ships distinguished.

Sec. 963. A ship in the port of a state to which it belongs is called a domes-
tic ship; in another port it is called a foreign ship.

5964. Several owners.

Sec. 9G4. If .a ship belongs to several persons, not partners, and they differ
as to its use or repair, the controversy may be determined by any court of com-
petent jurisdiction.

5985. Owner for voyage.

Sec 965. If the owner of a ship commits its possession and navigation to
another, that other, and not the owner, is responsible for its repairs and sup-
plies.

5966. Registry, etc.

Sec. 966. The registry, enrollment, and license of ships are regulated by acts
of congress.

ARTICLE II.

EDLES of NA\^GATI0N.

5970. Collisions.

Sec 970. In the case of ships meeting, the following rules must be observed,
in addition to those prescribed by that part of the Political Code which relates
to navigation:

Jtules as to shij^s meeting each other.

1. Whenever any ship, whether a steamer or sailing ship, proceefding in one
direction, meets another ship, whether a steamer or sailing ship, proceeding in
another direction, so that if both ships were to continue their respective courses
they would pass so near as to involve the risk of a collision, the helms of both
ships mvist be put to port so as to pass on the port side of each other; and this
rule applies to all steamers and all sailing sliips, whether on the port or star-
board tack, and whether closehauled or not, except where the circumstances
of the case are such as to render a departure from the rule necessary in order to
avoid immediate danger, and subject also to a due regard to the dangers of
navigation, and, as regards sailing ships on the starboard tack closehauled, to
the keeping such ships under command.

The rule for sailing vessels.

2. In the case of sailing vessels, those having the wind fair must give way to
those on a wind. When both are going by the wind, the vessel on the star-
board tack must keep her wind, and the one on the larboard tack bear up
strongly, passing each other on the larboard hand. When both vessels have
the wind large or abeam, and meet, they must pass each other in the same way
on the larboard hand, to effect which two last-mentioned objects the helm must
be put to port. Steam vessels must be regarded as vessels navigating with a
fair wind, and should give way to sailing vessels on a wind of either tack.

Rules for steamers in narrow channels.

3. A steamer navigating a narrow channel must, whenever it is safe and prac-
ticable, keep to that side of the fairway or mid-channel which lies on the star-
board side of the steamer.

695

5970-5981 CIYIL CODE.

Same.

4. A steamer when passing another steamer in such channel, must always
leave the other upon the larboard side.

Rules for steam vessels on different courses.

5. "When steamers must inevitably or necessarily cross so near that, by con-
tinuing their respective courses, thei'e would be a risk of collision, each vessel
must put her helm to port, so as always to pass on the larboard side of each
other.

3Ieet i ng of stea mers.

6. The rules of this section do not apply to any case for which a different
rule is provided by the regulations for the government of pilots of steamers
a]iproaching each other within sound of the steam whistle, or by the regula-
tions concerning lights upon steamers, prescribed under authority of the acts
of congress approved August thirtieth, eighteen hundred and fifty-two, and
April twenty-ninth, eighteen hundred and sixty-four.

5971. Collision from breach of rules.

Sec. 971. If it ai)j)ears that a collision was occasioned by failure to observe
vluj rule in the foregoing section, the owner of the ship by which such rule is
infringed, cannot recover compensation for damages sustained by the ship in
such collision, unless it appears that the circumstances of the case made a
departui-e from the rule necessary.

5972. Breaches of such rules to imply willful default.

Sec. 972. Damage to person or property arising from the failure of a shijD to
observe any rule of section 970, must be deemed to have been occasioned by the
willful default of the person in charge of the deck of such ship at the time,
unless it appears that the circumstances of the case made a departure from the
rule necessary.

5973. Loss, hmv apportioned.

Sec. 973. Losses caused by collision are to be borne as follows:

1. If either party was exclusively in fault he must bear his own loss, and com-
jDensate the other for any loss he has sustained;

2. If neither was at fault, the loss must be borne by him on whom it falls;

3. If both were in fault, the loss is to be equally divided, unless it appears
that there was a great disparity in fault, in which case the loss must be equita-
bly apportioned;

4. If it cannot be ascertained where the fault lies, the loss must be equally
divided.

CHAPTEK III.

PRODUCTS OF THE MIND.

5980. How far the subject of ownership.

Sec. 980. The author of any product of the mind, whether it is an invention,
or a composition in letters or art, or a design, with or without delineation, or
other graphical representation, has an exclusive ownership therein, and in the
representation or expression thereof, which continues so long as the product
and the representations or expressions thereof made by him remain in his pos-
session.

5981. Joint authorship.

Sec. 981. Unless othervv-ise agreed, a product of the mind in the production
of which several pei-sons are jointly concerned, is owned by them as follows:

1. If the product is single, in equal proportions;

2. If it is not single, in proportion to the contribution of each.

696

PERSONAL PROPERTY. 5982-5994

5982. Transfer.

Sec. 982. The owner of any product of the mind, or of any representation or
exj)ression thereof, may transfer his property in the same.

5983. Effect of publication.

Sec. 983. If the owner of a product of the mind intentionally makes it public,
a coj)y or rej? reduction may be made public by any person, without responsi-
bility to the owner, so far as the law of this state is concerned.

5984. Subsequent inventor, author, etc.

Sec 984. If the owner of a product of the mind does not make it public, any
other person subsequently and originally producing the same thing has the same
right therein as the prior author, which is exclusive to the same extent against
all persons except the prior author, or those claiming under him.

5985. Private ivritings.

Sec 985. Letters and other j)rivate communications in writing belong to the
person to whom the}^ are addressed and delivered; but they cannot be pubhshed
against the will of the writer, except by authority of law,

CHAPTER IV.

OTHER KINDS OF PERSONAL PROPERTY.

5991. Trade-mark, ivhat may be appropriated.

Sec 991. One who produces or deals in a particular thing, or conducts a par-
ticular business, may appropriate to his exclusive use, as a trade-mark, any
form, symbol, or name, which has not been so ajDj^ropriated by another, to
designate the origin or ownership thereof, but he cannot exclusively appropriate
any designation, or part of a designation, which relates only to the name,
quality, or the description of the thing or business, or the place where the
thing is produced, or the business is carried on. [Amendment, approved Ilarch
30, 1874; Amendments 1873-4, 224; took effect Juhj 1, 1874.^''^

[See also, upon the subject of trade-marks, ante, 3196.]

5992. Good will of business.

Sec 992. The good will of a business is the expectation of continued public
patronage, but it does not include a right to use the name of any person from
whom it was acquired.

5993. Good will transferable.

Sec. 993. The good will of a business is property, transferable like any other.

5994. Title deeds.

Sec 994. Instruments essential to the title of real property, and which are
not kept in a public office as a record, pursuant to law, belong to the person in
whom, for the time Ueing, such title may be vested, and pass with the title.

(a) The original did not have the concluding -words, " or the place where the thing is produced, or the business
is carried on."

697

6000-6007 CIVIL CODE.

I>^RT IV.

ACQUISITION OF PEOPEKTY.

Title I. Modes in which Property may be Acquired GOOO

II. Occupancy 6006

III. Accession 6013

IT. Transfer 6039

V. Homesteads 6237

VI. Wills 6270

VII. Succession 6383

TITLE I.

Bl0i)C0 in tuljjdj Propcrtij maij be 3lc(juiiti>.

6000. Properly, hoiv acquired.

Sec. 1000. Property is acquired by:

1. Occupancy;

2. Accession;

3. Ti'ansfer;

4. Will; or,

5. Succession.

6001. Acquisition of property by exercise of eminent domain.

Sec. 1001. Any person may, without further legislative action, acquire private
property for any use specified in section 1238 of the Code of Civil Procedure
either by consent of the owner or by proceedings had under the provisions of
Title VII, Part III, of the Code of Civil Procedure; and any person seeking to
acquire proj^erty for any of the uses mentioned in such title is "an agent of the
state," or a " person in charge of such use," within the meaning of those terms
as used in such title. This section shall be in force from and after the fourth
day of April, eighteen hundred and seventy-two.

TITLE 11.

(Occu;)ancij.

6006. Simple occvpavcy.

Sec. 1006. Occupancy for any period confers a title sufficient against all,
except the state and those who have title by prescription, accession, transfer,
will, or succession.

6007. Presfri/ition.

Sec. 1007. Occupancy for the period prescribed by the Code of Civil Pro-
cedure as sufficient to bar an action for the recover^' of the property confers a
title thereto, denominated a title by prescription, which is sufficient against all.

698

ACCESSION. 6013-G019

TITLE III.

%tttmo\u

Chapter I. To Real Property G013

II. To Personal Property G025

CHAPTER I.

ACCESSION TO REAL PROPERTY.

6013. Fixtures.

Sec. 1013. When a person affixes bis property to the land of another, with-
out an agreement permitting him to remove it, the thing affixed, except as pro-
vided in section 1019, belongs to the owner of the land, unless he chooses to
require the former to remQve it. [Amendment, approved March 30, 1874;
Amendments 1873-4, 224; took effect July 1, 1874.<''>

6014. Alluvion.

Sec. 1014. AVhere, from natural causes, land forms by imperceptible de-
grees upon the bank of a river or stream, navigable or not navigable, either by
accumulation of material or by the recession of the stream, such land belongs
to the owner of the bank, subject to any existing right of way over the bank.

6015. Sudden removal of bank.

Sec. 1015. If a river or stream, navigable or not navigable, carries away, by
sudden violence, a considerable and distinguishable part of a bank, and bears
it to the opposite bank, or to another part of the same bank, the owner of the
part carried away may reclaim it within a year after the owner of the land
to which it has been united takes possession thereof.

6016. Islands in navigable streams.

Sec. 1016. Islands and accumulations of land, formed in the beds of streams
which are navigable, belong to the state, if there is no title or prescription to
the contrary.

6017. Li unnavigable streams.

Sec. 1017. An island, or an accumulation of land, formed in a stream which
is not navigable, belongs to the owner of the shore on that side where the
island or accumulation is formed; or, if not formed on one side only, to the
owners of the shore on the two sides, divided by an imaginary line drawn
through the middle of the river.

6018. Islands formed by division of stream.

Sec. 1018. If a stream, navigable or not navigable, in fonning itself a new
arm, divides itself, and surrounds land belonging to the owner of the shore,
and thereby forms an island, the island belongs to such owner.

[Sec. 1019, as originally passed,*"^ was repealed by act approved March 30,
1874 (Amendments 1873-4, 224; took effect July 1, 1874), and a new section
substituted in its place as follows :]

6019. What fixtures tenant may remove.

Sec. 1019. A tenant may remove from the demised premises, any time during
the continuance of his term, anything affixed thereto for jiurposes of trade,
manufacture, ornament, or domestic use, if the removal can be effected without

(a) The original section did not have the words "ex- forms a new course, abandoning its ancient bed. the

cept as provided in section 1019." owners of the land newly occupied take, by way of iu-

(6) Repealed section: demnity, the ancient bed abandoned, each in ijropor-

Sec. 1019. If a stream, navigable or' not navigable, tion to the land of which he has been deprived.

699

6019-6031 CIVIL CODE.

injmy to tlie premises, unless the thing lias, hj the manner in wliich it is
affixed, become an integral part of tbe premises. [NeAV section, approved 31arch
30, 1874; Aniendmenls 1873-4, 224; took effect July 1, 1874.

CHAPTEE II.

ACCESSION TO TERSONAL PEOPERTY.

6025. Accession by uniting several things.

Skc. 1025. When things belonging to different owners have been united so as to
form a single thing, and cannot be separated without injury, the whole belongs
to the owner of the thing which forms the principal part; who must, however,
reimburse the value of the residue to the other owner, or surrender the whole
to him.

6026. Principal part, what.

Sec. 102G. That part is to be deemed the principal to which the other has
been united onl}- for the use, ornament, or completion of the former, unless the
latter is the more valuable, and has been united withovit the knowledge of its
owner, who may, in the latter case, require it to be separated and retiu-ned to
him, although some injur}'' should result to the thing to which it has been
united.

6027. Same.

Sec. 1027. If neither part can be considered the principal, within the rule
prescribed by the last section, the more valuable, or, if the values are nearly
equal, the more considerable in bulk, is to be deemed the principal part.

6028. Uniting materials and workmariship.

Sec 1028. If one makes a thing from materials belonging to another, the
latter may claim the thing on reimbursing the value of the workmanship, unless
the value of the workmanship exceeds the value of the materials, in which case
the thing belongs to the maker, on reimbursing the value of the materials.

6029. Inseparable materials.

Sec. 1029. Where one has made use of materials which in part belong to him
and in part to another, in order to form a thing of a new description, without
having destroyed any of the materials, but in such a way that they cannot be
separated without inconvenience, the thing formed is common to both proprie-
tors; in proportion, as respects the one, of the materials belonging to him, and
as respects the other, of the materials belonging to him and the price of his
workmanship.

6030. Maleriah of several owners.

Sec 1030. When a thing has been formed by the admixture of several ma-
terials of different owners, and neither can be considered the principal substance,
an owner without whose consent the admixture was made may require a sepa-
ration, if the materials can be separated without inconvenience. If they cannot
be tluis separated, tlie owners ac(piire the thing in common, in proportion to
the quantity, quality, and value of their materials; but if the materials of one
were far superior to those of the others, both in quantity and value, he may
claim the thing on reimbur.siug to the others the value of their materials.

6031. Willful tres^jossers.

Sec 1031. The foregoing sections of this article are not applicable to cases
in which one willfully uses the materials of another without his consent; but,
in sucli cases, the product belongs to the owner of the material, if its identity
can be traced.

700

TEANSFEE. 6032-6046

6032. Owner may elect behceen the thing and its value.

Sec. 1032. In all cases where one whose material has been used without his
knowledge, in order to form a product of a different description, can claim an
interest in such product, he has an option to demand either restitution of his
material in kind, in the same quantity, weight, measure, and quality, or the
value thereof; or where he is entitled to the product, the value thereof in place
of the i^roduct.

6033. Wrongdoer liable in damages.

Sec. 1033. One who Avrongfully employs materials belonging to another, is
liable to him in damages, as well as under the foregoing provisions of this
chapter.

TITLE lY.

Chapter I. Transfer in General ,. C039

II. Transfer of Eeal Property G091

III. Transfer of Personal Property G135

IV, Eecording Transfers of Real Property 6158

V. Unlawful Transfers 6227

CHAPTER I.

TEANSFERS IN GENERAL.

Article I. Definition of Tbansfer 6039

II. What mat be Tkansfekked 6044

III. Mode of Tkansfek 6052

IV. Intebpeetation of Grants 6066

V. Effect of Tkansfek 6083

ARTICLE I.

definition of transfer.
6089. Transfer, what.

Sec 1039. Transfer is an act of the parties, or of the law, by which the title
to property is conveyed from one living person to another.

6040. Voluntary transfer.

Sec. 1040. A volvintary transfer is an executed contract, subject to all rules
of law concerning contracts in general; except that a consideration is not
necessary to its validity.

ARTICLE II.

what may be transferred.

6044. What may be transferred.

Sec. 1044. Property of any kind may be transferred, except as otherwise
provided by this article.

6045. Possibility.

Sec 1045. A mere possibility, not coupled with an interest, cannot be trans-
ferred.

6046. Bight of re-entry can be transferred.

Sec 1046. A right of re-entiy, or of repossession for breach of condition
subsequent, can be transferred.

701

6047-6066 CIVIL CODE.

6047. Owner ousted of possession may transfer.

Sec. 1047. Any jDerson claiming title to real property' in the adverse posses-
sion of another may transfer it with the same effect as if in actual possession.

AETICLE III.

MODE OF TKANSFER.

6052. JVhen oral.

Sec. 1052. A transfer may be made without writing, in every case in -whicli a
writing is not esin'essly required by statute.

6053. Transfer grant defined.

Sec 1053. A transfer in writing is called a grant, or conveyance, or bill of
sale. The term "grant," in this and the next two articles, includes all these
instruments, unless it is specially applied to real proj)erty. \Amendmevt, ap-
proved March 30, 1874; Ameyidments 1873-4, 225; took effect July 1, 1874.*"^

6054. Delivery necessary.

Sec. 1054. A grant takes effect, so as to vest the interest intended to be trans-
ferred, only upon its delivery by the grantor.

6055. Dale.

Sec. 1055. A grant daly executed is presumed to have been delivered at its
date.

6056. Delivery to grantee is necessarily absolute.

Sec. 105G. A grant cannot be delivered to the grantee conditionally. Deliv-
ery to him, or to his agent as such, is necessarily absolute, and the instrument
takes effect thereupon, discharged of any condition on which the delivery was
made.

6057. Delivery in escrow.

Sec 1057. A grant may be deposited by the grantor with a third person, to
be delivered on performance of a condition, and, on delivery by the depositary,
it will take effect. AVhile in the possession of the third person, and subject to
condition, it is called an escrow.

6058. Surrendering or canceling grant does not reconvey.

Sec 1058. Redelivering a grant of real property to the grantor, or canceling
it, does not operate to retransfer the title.

6059. Constructive delivery.

Sec. 1059. Though a grant be not actually delivered into the possession of
the grantee, it is yet to be deemed constructively delivered in the following
cases:

1. Where the instrument is, by the agreement of the parties at the time of
execution, understood to be delivered, and under such circumstances that the
grantee is entitled to immediate delivery; or,

2. Wliere it is delivered to a stranger for the benefit of the grantee, and his
assent is shown, or may be presumed.

[Sec lOGO'"* was repealed by act approved March 30, 1874; Amendments
1873-4, 225; took effect July 1, 1874.]

ARTICLE IV.

INTEUPRETATION OF GUANTS.

60G6. Grants, how interpreted.

Sec lOGG. Grants are to be interpreted in like manner with contracts in gen-
eral, except so far as is otherwise provided in this article.

(n) Orlginnl section: upon its execution, even though the grantor retain

Sec. lO.J. A trauBfcT in writing la called a grant. iJOBsesuion, unices a contrary inttntion apwears.

(/>) llf-ppahd section:
8ec. 1060. A grunt made as a mere gratuity takes effect

702

TRANSFER. G0G7-G092

6067. Limitations, hoiv controlled.

Sec. 10G7. A clear and distinct limitation in a grant is not controlled by other
words less clear and distinct.

6068. Recitals, ivhen resorted to.

Sec. 1068. If the operative words of a grant are doubtful, recourse may be
had to its recital to assist the constructions.

6069. Interpretation against grantor.

Sec. 10G9. A grant is to be interpreted in favor of the grantee, except that a
reservation in any grant, and every grant by a public officer or body, as such,
to a private party, is to be interpreted in favor of the grantor.

6070 . Irreconcilable provis ions .

Sec. 1070. If several parts of a grant are absolutely irreconcilable, the former
part prevails.

6071. Meaning of" heirs" and " issue" in certain remainders.

Sec 1071. Where a future interest is limited by a grant to take effect on the
death of any person without heirs, or heirs of his body, or without issue, or in
equivalent words, such words must be taken to mean successors, or issue living
at the death of the person named as ancestor.

6072. Wo7'ds of inheritance unnecessary.

Sec. 1072. Words of inheritance or succession are not requisite to transfer a
fee in real property.

ARTICLE V.

EFFECT OF TRANSFER.

6083. What title jMsses.

Sec 1083. A transfer vests in the transferee all the actual title to the thing
transferred which the transferrer then has, unless a different intention is ex-
pressed or is necessarily implied.

6084. Incidents.

Sec 1084. The transfer of a thing transfers also all its incidents, unless
expressly excepted; but the transfer of an incident to a thing does not transfer
the thing itself. [See also post, 8540.]

6085. Grant may inure to benefit of stranger.

Sec 1085. A present interest, and the benefit of a condition or covenant
resjiecting property, may be taken by any natural person under a grant,
although not named a party thereto.

CHAPTER II.

TRANSFER OF RE.\L PROPERTY.

Abticlb I. Mode of Teansfer 6091

II. Effect of Tkansfkr 6104

ARTICLE I.

MODE OF TRANSFER.

6091. Requisites for transfer of certain estates.

Sec 1001. An estate in real property, other than an estate at will or for a
term not exceeding one year, can be transferred only by operation of law, or by
an instrument in writing, subscribed by the party disposing of the same, or by
his agent thereunto authorized by writing.

6092. Form of grant.

Sec 1092. A grant of an estate in real jproperty may be made in substance
as follows :

703

6092-G105 CIVIL CODE.

" I, A. B., grant to C. D. all that real property situated in (insert name of
county) county, State of California, bounded (or described) as follows: (here
insert description, or if the land sought to be conveyed has a descriptive name,
it may be described by the name, as for instance, ' The Norris Eanch.')

" Witness my hand this (insert day) day of (insert month) 18—.

"A. B."

6093. Grant by married women, hoiv acknowledged.

Sec. ]093. No estate in the real property of a married woman passes by any
grant purporting to be executed or acknowledged by her, unless the grant or
instrument is acknowledged by her in the manner prescribed by sections 1186
and 1191.

6094. Power of attorney of married women, hoiv acknoivledged.

Sec. 1094. A power of attorney of a married woman, authorizing the execu-
tion of an instrument transferring an estate in her separate real property, has no
validity for that purpose until acknowledged by her in the manner provided
in sections 118G and 1191.

6095. Attorney in fact, how must execute for principal.

Sec 1095. When an attorney in fact executes an instrament transferring an
estate in real i^roperty, he must subscribe the name of his principal to it, and
his own name as attorney in fact.

An Act relatiug to conveyances of real estate.

Approved March 11, 1874; 1873-4, 345.

Conveyances by persons ivhose names are changed.

Section 1. Any person in whom the title of real estate is vested, who shall
afterwards, from any cause have his or her name changed, shall, in any convey-
ances of real estate so held, set forth the name in which he or she derived title
to said real estate.

Record of conveyances made by j)ublic officers.

Sec 2. All conveyances of real estate, except patents issued by the state as a
party, made by any public officer pursuant to any law of this state, shall, when
recorded by the county recorder, be by him alphabetically indexed in the
"Index of grantors," both in the name of the officer making such sale, and in
the name of the person owning the proj^erty so sold.
Indexing of such conveyances.

Sec 3. It is hereby made the duty of all county recorders to alphabetically
index in the "Index of grantors," both in the name by which title was
acquired, and also the name by which the same was conveyed, all conveyances
referred to in section one of this act.

Sec 4. This act shall be in force from and after its passage.

ARTICLE 11.

EFFECT OF TRANSFER.

6104. What easements pass with property.

Sec 1104. A transfer of real property passes all easements attached thereto,
and creates in favor thereof an easement to use other real property of the person
whose estate is transferred in the same manner and to the same extent as such
property was obviously and permanently used by the person whose es.tate is
transferred, for the benefit thereof, at the time when the transfer was agreed
upon or completed.

6105. When fee simple title is presumed to pass.

Sec 1105. A fee simple title is presumed to be intended to pass by a grant

704

TRANSFER. 6105-6113

of real property, unless it appears from the grant that a lesser estate was in-
tended.

6106. Subsequently acquired titte passes brj operation of law.

Sec. 1106. Where a person purports by proper instrument to grant real i)rop-
erty in fee simple, and subsequently acquires any title, or claim of title thereto,
the same passes by operation of law to the grantee, or his successors.

6107. Grant, how far conclusive on purchaser.

Sec. 1107. Every grant of an estate in real projoerty is conclusive against the
grantor, also against every one subsequently claiming under him, except a pur-
chaser or incumbrancer who in good faith and for a valuable consideration
acquires a title or lien by ah instrument that is first duly recorded.

6108. Conveyances by owner for life or for years.

Sec. 1108. A grant made by the owner of an estate for life or years, purport-
ing to transfer a greater estate than he could lawfully transfer, does not work a
forfeiture of his estate, but passes to the grantee all the estate which the
grantor could lawfully transfer,

6109. Grant made on condition subsequent.

Sec 1109. Where a grant is made upon condition subsequent, and is subse-
quently defeated by the non-performance of the condition, the person other-
wise entitled to hold under the grant must reconvey the projjerty to the grantor
or his successors, by grant, duly acknowledged for record.

6110. Grant on condition precedent.

Sec. 1110. An instrument purporting to be a grant of real property, to take
effect upon condition precedent, passes the estate upon the performance of the
condition. [Amendment, approved March 30, 1874; Amendments 1873-4, 225;
took effect July 1, 1874.^=^^

6111. Grant of rents, reversions, and remainders.

Sec 1111. Grants of rents or of reversions or of remainders are good and
effectual without attornments of the tenants; but no tenant who, before notice
of the grant, shall have paid rent to the grantor, must suffer any damage
thereby.

6112. Boundary by highway, what passes.

Sec 1112. A transfer of land, bounded by a highway, passes the title of the
person whose estate is transferred to the soil of the highway in front to the
centre thereof, unless a different intent appears from the grant. [Amendment,
approved March 30, 1874; Amendments 1873-4, 225; took effect July 1, 1874.'^^

6113. Implied covenants.

Sec. 1113. From the use of the word "grant" in any conveyance by which
an estate of inheritance or fee simple is to be passed, the following covenants,
and none other, on the part of the grantor for himself and his heirs to the
grantee, his heirs, and assigns, are implied, unless restrained by express terms
contained in such conveyance:

1. That previous to the time of the execution of such convej'ance, the grantor
has not conveyed the same estate, or any right, title, or interest therein, to any
person other than the grantee;

2. That such estate is at the time of the execution of such conveyance free
from encumbrances done, made, or suffered by the grantor, or any joerson claim-
ing under him.

(o) Original section: formance of the condition, the grantee is entitled to a
Sec. 111(1. An instniment purporting to be a grant of grant from the grantor or his successors for the prop-
real property, to take effect upon condition precedent, erty, duly acknowledged for record,
does not pass the estate upon the performance of the [b) The original section did not have the words
condition. Such instrument is an executory contract " unlets a different intent appears from the grant."
for the conveyance of the property. Upon the per-

45 705

6113-6142 CIYIL CODE.

Such covenants may be sued upon in the same manner as if they had been
expressly inserted in the conveyance.

6114. Incumhrances, ivhat include.

Sec. 1114. The term "incumbrances" inchules taxes, assessments, and all
liens upon real prof)erty. [Amendment, approved 3Iarch 30, 1874; Amendments
1873-4, 225; took effect July 1, 1874.''>

6115. Lineal and collateral warrantees abolished.

Sec. 1115. Lineal and collateral warrantees, with all their incidents, are
abolished; but the heirs and devisees of every person who has made any cove-
nant or agreement in reference to the title of, in, or to any real propert}-, are
answerable upon such covenant or agreement to the extent of the land de-
scended or devised to them, in the cases and in the manner prescribed by law.

CHAPTER III.

TEANSFER OF PERSONAL PROPERTY.

Akticle I. Mode of Ti!Ansfee 6135

II. What opekates as a Tkansfeb 6140

III. Gifts 6146

ARTICLE I.

MODE OF TRANSFER.

6135. Wlien must be in ivriting.

Sec 1135. An interest in a ship, or in an existing trust, can be transferred
only by operation of law, or by a written instrument, subscribed by the person
making the transfer, or by his agent.

6136. Tramtfer by sale, etc.

Sec. 1136. The mode of transferring other personal property by sale is regu-
lated by the title on that subject, in Division Third of this Code.

ARTICLE II.

WHAT OPERATES AS A TRANSFER.

6140. Transfer of title under sale.

Sec. 1140. The title to personal property, sold or exchanged, passes to the
buyer whenever the parties agree upon a present transfer, and the thing itself
is identified, whether it is separated from other things or not.

6141. Transfer of title under executory agreement for sale.

Sec. 1141. Title is transferred by an executory agreement for the sale or ex-
change of i^ersonal property only when the buyer has accepted the thing, or
when the seller has completed it, prepared it for delivery, and offered it to the
buyer, with intent to transfer the title thereto, in the manner prescribed by the
chapter upon offer of performance.

6142. When buyer acquires better title than seller has.

Sec. 1142. Where the possession of personal property, together with a power
to dispose thereof, is transferred by its owner to another person, an executed
sale Ijy the latter, while in possession, to a buyer in good faith and in the ordi-
nary course of business, for value, transfers to such buyer the title of the former
owner, though he may be entitled to rescind, and does rescind the transfer made
by him.

(o) Original section: cution liens; also, vendors', mechanics', and mortgage

Sec. 11 U. The term " incumbrances " includes taxes liens; also, all other debts or demands which are liens
and BBsessmentB; also, attachment, judgment, and exe- upon real property.

706

TRANSFER. 6146-6158

ARTICLE III.

GIFTS.

6146. Gifts defined.

Sec. 1146. A gift is a transfer of personal property, made voluntarily, and
without consideration.

6147. Gift, hoiv made.

Sec. 1147. A verbal gift is not valid, imlesstlie means of obtaining possession
and control of the thing are given, nor, if it is capable of delivery, unless there
is an actual or symbolical delivery of the thing to the donee.

6148. Gift not revocable.

Sec. 1148. A gift, other than a gift in view of death, cannot be revoked by
the giver.

6149. Gift in vieio of death, what.

Sec. 1149. A gift in view of death is one which is made in contemplation,
fear, or peril of death, and with intent that it shall take effect only in case of
the death of the giver.

6150. When gift presumed to he in vieto of death.

Sec. 1150. A gift made during the last illness of the giver, or under circum-
stances which would naturally impress him with an expectation of speedy death,
is presumed to be a gift in view of death.

6151. Revocation of gift in view of death.

Sec. 1151. A gift in view of death may be revoked by the giver at any time,
and is revoked by his recovery from the illness, or escape from the peril, under
the i^resence of which it was made, or by the occurrence of any event which
would operate as a revocation of a will made at the same time; but when the
gift has been delivered to the donee, the rights of a bona fide purchaser from
the donee before the revocation, shall not be affected by the revocation. [Amend-
ment, approved March 30, 1874; Amendments 1873-4, 226; took effect July 1,
1874."^^

6152. Effect of loill upon gift.

Sec. 1152. A gift in view of death is not affected by a previous will; nor by a
subsequent will, unless it expresses an intention to revoke the gift.

6153. When treated as legacy.

Sec. 1153. A gift in view of death must be treated as a legacy, so far as
relates only to the creditors of the giver.

CHAPTER IV.

EECORDING TRANSFERS.

Article I. What mat be Recoeded 6158

II. Mode of Recouding *il69

III. Proof and Acknowledgments op Instruments 6180

IV. Effect of Recokding ok of the want thereof 6213

ARTICLE I.

WHAT MAY BE RECORDED.

6158. What may he recorded.

Sec, 1158. Any instrument or judgment affecting the title to or possession
of real property may be recorded under this chapter.

(a) The original section did not have the last clavise commencing with the words " but when the gift has been
delivered to the donee."

707

G159-G170 CIYIL CODE.

6159. Judgments may be recorded wUhont achwidedgment.

Sec. 1159. Judgments affecting the title to or possession of real property,
authenticated by the certificate of the clerk of the court in -which such judg-
ments were rendered, may be recorded without acknowledgment or further

.„t

% 1160. Add, " and wliere letters patent liave been lost or
are l>eyoiid the control of any party deraignin- title therefrom 3dgment.

or for any reason they remain unrecorded, any person claiming or from the State of Cali-

title tliereiinderniay cause a transcript of the copy of such let- -l- ^ i i i

ters patent kept by the government issuing the same, duly cer- ^^^^^° l^W, may be recorded

tified by the ollicer or individual having lawful custody of such
copy, to be recorded in lieu of the original ; and such "recorded
copy shall \va\q prima facie the same force and effect as the

original, for title or for evidence, until said original letters pat- rl unless it belono-q to the

ent be recorded." [In effect, May 31, 1878.1 ' ^"^®^^ It DeiongS to tue

«.iaoo |.xvy.xviv..vc ^^^ ^-' I aud fifty-ulne, eleven hun-

dred and sixt}', twelve hundred and two, or twelve hundred and three, its exe-
cution must be acknowledged by the person executing it, or if executed by a
corporation, by its president or secretarj^, or proved by a subscribing witness,
or as provided in sections eleven hundred and ninety-eight and eleven hundred
and ninety-uine, and the acknowledgment or proof certified in the manner pre-
scribed by Article III of this chapter. [Amendment, approved March 30, 1874;
Amendments 1873-4, 220; took effect July I, 1874.'''^

6162. Same.

Skc. 11G2. An instrument j^roved and certified 2)ursuant to sections 1198 and
1199 may be recorded in the j)roper office if the original is at the same time
deposited therein to remain for public inspection, but not otherwise.

[Sec 1163'*" was repealed by act approved March 30, 1874; Amendments
1873-4, 226; took effect July 1, 1874.]

6164. Transfers in trust, etc.

Sec. 1164. Transfers of j^roperty in trust for the benefit of creditors, and
transfers or liens on property by waj' of mortgage, are required to be recorded
in the cases sjDecified in the titles on the special relation of debtor and creditor,
and the chapter on mortgages, respectively.

6165. Fees of recorder to he indorsed.

Sec 1165. The recorder must in all cases indorse the amount of his fee for
recordation on the instrument recorded. [New section, approced Marcli 11, 1874;
Amendments 1873-4, 274; took effect sixtietli day of I cr passage.

ARTICLE II.

MODE OF EECOEDING.

61G9. In XL-hut office.

Sec 11G*J. Instmments entitled to be recorded must be recorded by the
county recorder of the county in which the real property affected thereby is
situated.

6170. Instrument, xclien deemed recorded.

Sec 1170. An instrument is deemed to be recorded, when, being duly
acknowledged or proved, and certified, it is deposited in the recorder's office
with the proper officer for record. [Amendment, approved Ilarch 30, 1874;
Aotendnients 1873-4, 226; took effect July 1, 1874.'"'

(a) Tin- uriKinal HIM linn dill not liavc- the words "or (c) Ori^iiualeection:

OR iTONlilid in witionH tUvi ii liinidri-fl and ninety- Sec. 1170. An iustrumcnt ia recorded when duly no-

I i^'ht unil ill VI I) liundriwl und ninity-uinc." • kuowledged or provc-d. certiticd, and deposited in the

(M Itipi-jilid witi. n: rerordir's offiie with the proper lilicer, and 1,y him

Six. hi:;. An inslniinent excciiU'd by an attorney in filed for record, bv noting therton siu h filing, with the

f»rt must not U- recordf-d nntil the power of attorney minute, hour, day, and year thereof, aud Bubscribiug

authorizing the execution of the instrument is filed for thi- same.

record in the satue office.

708

TEANSFEK. G171-G183

6171. Books of record.

Sec. 1171. Grants, absolute in terms, are to be recorded in one set of books,
and mortgages in another.

6172. Duties of recorder.

Sec. 1172. The duties of county recorders, in respect to recording instru-
ments, are prescribed by the Political Code.

6173. Transfer of vessels.

Sec. 1173. The mode of recording transfers of ships registered under the laws
of the United States is regulated by acts of congress.

AKTICLE III.

PEOOF AND ACKNOWLEDGMENT OF INSTRUMENTS.

6180. By whom acknowledgments may he taken in tliis state.

Sec. 1180. The proof or acknowledgment of an instrument may be made at
an}' place within this state before a justice or clerk of the supreme court.

6181. Same.

Sec. 1181. The proof or acknowledgment of an instrument may be made in
this state within the city, county, or district for which the officer was elected or
appointed, before either:

1. A judge or clerk of a court of record; or,

2. A mayor or recorder of a city; or,

3. A court commissioner; or,

4. A county recorder; or,

5. A notary public; or,

6. A justice of the peace.

6182. By tohom taken ivithout the state.

Sec. 1182. The proof or acknowledgment of an instrument may be made
without this state, but within the United States, and within the jurisdiction of
the officer, before either:

1. A justice, judge, or clerk of any court of record of the United States; or,

2. A justice, judge, or clerk of any court of record of any state; or,

3. A commissioner aj)pointed by the governor of this state for that purpose; or,

4. A notary public; or,

5. Any other officer of the state where the acknowledgment is made author-
ized by its laws to take such proof or acknowledgment.

6183. Acknowledgment, by whom taken ivithout United States.

Sec. 1183. The proof or acknowledgment of an instrument may be made
without the United States, before either:

1. A minister, commissioner, or charge d'affaires of the United States, resi-
dent and accredited in the country where the proof or acknowledgment is
made; or,

2. A consul, vice-consul, or consular agent of the United States, resident in
the country where the proof or acknowledgment is made; or,

3. A judge of a court of record of the country where the proof or acknowl-
edgment is made; or,

4. Commissioners appointed for such purposes by the governor of the state,
pursuant to special statutes; or,

5. A notary i:)ublic. [Aniendmeid, approved March 30, 1874; Amendments
1873-4, 227; took effect July 1, 1874.<*> .

(a) The original section did not have the words " consular agent."

709

618J^6191 CmL CODE.

6184. Deputy can take acknowledgment.

Sec. 1184. "When any of the officers mentioned in tlie four preceding sections
are aiitborized by law to appoint a deputy, the acknowledgmeut or proof may-
be taken by such deputy, in tlie name of his principal.

6185. ri'^quisites for acknoidedipnents.

Sec. 1185. The acknowledgment of an instrument must not be taken, unless
the officer taking it knows, or has satisfactory evidence, on the oath or affirma-
tion of a credible witness, that the person making such acknowledgment is the
individual who is described in and who executed the instrument; or, if executed
by a corporation, that the person making such acknowledgment is the president
or secretary' of such corporation.

6186. Acknoivledgment by married tuomen.

Sec. 1186. The acknowledgment of a married woman to an instrument pur-
I^orting to be executed by her, must not be taken, unless she is made acquainted
by the officer with the contents of the instrument on an examination without
the healing of her husband; nor certified, unless she thereupon acknowledges
to the officer that she executed the instrument, and that she does not wish to
retract such execution.

6187. Same.

Sec. 1187. A conveyance by a married woman has the same effect as if she
were unmarried, and may be acknowledged in the same manner, except as
mentioned in the last section; but such conveyance has no validity until so
acknowledged.

6188. Certificate to he indorsed on acknoivledgment.

Sec. 1188. An officer taking the acknowledgment of an instrument, must
indorse thereon, or attach thereto, a certificate substantially in the forms here-
inafter prescribed. [Amendment, approved March 30, 1874; Amendments 1873-4,
227; took effect July 1, 1874.*^ >

6189. General form of certificate.

Sec 1189. The certificate of acknowledgment, unless it is otherwise in this
article provided, must be substantially in the following form:

State of , ]

County of . f

On this day of , in the year , before me [here insert the name

and quality of the officer], personally ajipeared , known to me [or proved

to me on the oath of ] to be the person whose name is subscribed to the

within instniment, and acknowledged to me that he [or they] executed the
same.

6190. Form of acknowledgment by corporation.

Sec. 1190. The certificate of acknowledgment of an instniment executed by a
corporation must be substantially in the following form :

State of , ]

County of . ] ^^•

On this day of , in the year , l)efore me [here insert the name

and quality of the officer], personally appeared , known to me [or proved

to me on the oath of ] to be the president [or the secretaiy] of the corpora-
tion that executed the within instrument, and acknowledged to me that such
corporation executed the same.

6191. Form of certificate of acknoxoledgment by married icomen.

Sec. 1191. The certificate of acknowledgment by a maiiied woman must be
substantially in the following form:

(a) The original eettion did not havo the words " or attach thereto."

710

TKANSFER. 6191-6197

State of ,

County of ^

On this day of , in the year , before me [here insert the name

and quality of the officer], personally appeared , known to me [or proved to

me on the oath of ] to be the person whose name is subscribed to the within

instrument, described as a married woman; and upon an examination without
the hearing of her husband I made her acquainted with the contents of the in-
strument, and thereupon she acknowledged to me that she executed the same,
and that she does not wish to retract such execution.

6192. Form of certificate of acknoioledgmenl by attorney in fact.

Sec. 1192. The certificate of acknowledgment by an attorney in fact, must be
substantially in the following form:
St.\te of

County of ^

On this day of , in the year , before me [here insert the name

and quality of the officer], personally appeared , known tome [or proved to

me on the oath of ] to be the person whose name is subscribed to the within

instrument as the attorney in fact of ■ , and acknowledged tome that he sub-
scribed the name of thereto as principal, and his own name as attorne}^ in

fact.

6193. Officers must affix their signatures.

Sec. 1193. Officers taking and certifying acknowledgments or proof of instru-
ments for record, must authenticate their certificates by affixing thereto their
signatures, followed by the names of their offices; also, their seals of office. If
by the laws of the state or country where the acknowledgment or proof is taken,
or by authority of which they are acting, they are required to bave official
seals,

6194. Certificate of authority of justices in certain cases.

Sec. 1194. The certificate of proof or acknowledgment, if made before a jus-
tice of the peace, when used in any county other than that in which he resides,
must be accompanied by a certificate under the hand and seal of the clerk of
the county in which the justice resides, setting forth that such justice, at the time
of taking such proof or acknowledgment, was authorized to take the same, and
that the clerk is accjuainted with his handwriting, and believes that the signa-
ture to the original certificate is genuine,

6195. Proof of execution, hoic made.

Sec. 1195. Proof of the execution of an instrument, when not acknowledged,
may be made either:

1, By the party executing it, or either of them; or

2, By a subscribing witness; or

3, By other witnesses, in cases mentioned in section 1398,

6196. Witness must be personally known to officer.

Sec 1196. If by a subscribing witness, such witness must be personally
known to the officer taking the proof to be the person whose name is subscribed
to the instrument as a witness, or must be proved to be such by the oath of a
credible witness.

6197. Witness must jorove , what.

Sec. 1197. The subscribing witness must prove that the person whose nnme
is subscribed to the instrument as a party is the person described in it, and that
such person executed it, and that the witness subscribed his name therei|^s a
witness.

711

6198-6203 CWIL CODE.

6198. Handwriting may he proved, ichen.

Sec. 1198. The execution of au instrument may be established by proof of
the handwiiting of the party and of a subscribing witness, if there is one, in
the following cases:

1. When the parties and all the subscribing witnesses are dead; or,

2. AVhen the parties and all the subscribing witnesses are non-residents of
the state; or,

3. When the place of their residence is unknown to the party desiring the
proof, and cannot be ascertained by the exercise of due diligence; or,

4. "VMien the subscribing witness conceals himself, or cannot be found by the
officer by the exercise of due diligence in attemj^ting to serve the subpoena or
attachment; or,

5. In case of the continued failure or refusal of the witness to testify, for
the space of one hour, after his appearance.

6199. Evidence of handwriting must jyrove what.

Sec. 1199. The evidence taken under the preceding section must satisfac-
toril}- prove to the officer the following facts:

1. The existence of one or more of the conditions mentioned therein; and,

2. That the witness testifying knew the person whose name purports to be
subscribed to the instrument as a party, and is well acquainted with his signa-
ture, and that it is genuine; and,

3. That the witness testifying personally knew the person who subscribed the
instrument as a witness, and is well acquainted with his signature, and that it
is genuine; and,

' 4. The place of residence of the witness. [Amendment, approved March 30,
1874; Amendments 1873-4, 227; took effect July 1, 1874.^''>

6200. Certificate of proof

Sec. 1200. An oflicer taking proof of the execution of any instrument must,
in his certificate indorsed thereon or attached thereto, set forth all the matters
required by law to be done or known by him, or proved before him on the pro-
ceeding, together with the names of all the witnesses examined before him,
their places of residence respectively, and the substance of their testimon}'.

6201. Officers authorized to do certain things.

Sec 1201. Officers authorized to take the proof of instruments are authorized
in such proceedings:

1. To administer oaths or affirmations, as prescribed in section 2093, Code of
Civil Procedure;

2. To employ and swear interpreters;

3. To issue subpoena, as prescribed in section 1986, Code of Civil Procedure.

4. To punish for contempt, as prescribed in sections 1991, 1993, 1994, Code
of Civil Procedure.

The civil diiniugcs and forfeiture to the party aggrieved are prescribed in
secticju 1992, Code of Civil Procedure.

6202. ir/cu iny/nnnent imjrroperly certified, party may have action to correct error.
Sec 1202. AVlieu the acknowledgment or proof of the execution of an in-
strument is properly made, but defectively certified, any party interested may
have an action in the district court to obtain a judgment correcting the cer-
tificate.

6203. Art ion to ohtain jadgmcnt (f proof of an instrument.

Sec 1203. Any person interested under an instrument entitled to be proved

in) The orijfinal Bcctlou ha<l an B<UIitii)nal Hiibdi- the person who executca the instrumcut, uud that his
hiori (in f(.nowH: , fiignuture is genuine."

" 0. That the witncsH toHtifjiug knew the signature of

712

TRANSFER. 6203-G216

for record may institute an action in the district court against the proi^er parties
to obtain a judgment proving such instrument.

6204. Effect of judgment in such action.

Sec. 1204. A certified copy of the judgment in a proceeding instituted under
either of the tAVO preceding sections, showing the proof of the instrument, and
attached thereto, entitles such iustiniment to record, with like effect as if
acknowledged.

6205. Conveyances heretofore made to he governed by then existing laios.

Sec 1205. The legality of the execution, acknowledgment, proof, form, or
record of any conveyance or other instrument made before this code goes into
effect, executed, acknowledged, proved, or recorded is not affected by anything
contained in this chapter, but depends for its vahdity and legality upon the
laws in force when the act was performed.

6206. Recording , and as evidence, to he governed hy then exiding laivs.

Sec. 1206. All conveyances of real property made before this code goes into
effect, and acknowledged or proved accordiug to the laws in force at the time
of such making and acknowledgment or proof, have the same force as evidence,
and may be recorded in the same manner and with the like effect, as convey-
ances executed and acknowledged in pursuance of this'chapter.

6207. Record as notice. — Certified copies as evidence.

Sec 1207. Any instrument affecting real property, which was, previous to
the thirtieth day of January, one thousand eight hundred and seventy-three,
copied into the proper book of record, kept in the office of any county recorder,
shall be deemed to impart, after that date, notice of its contents to subsequent
purchasers and incumbrancers, notwithstanding any defect, omission, or infor-
mality in the execution of the instrument, or in the certificate of acknowledg-
ment thereof, or the absence of any such certificate; but nothing herein shall
be deemed to affect the rights of purchasers or incumbrancers previous to that
date. Duly certified copies of the record of any such instrument may be read
in evidence, with like effect as copies of an instrument duly acknowledged and
recorded, provided it be first shown that the original instrument was genuine.
[New section, approved March 30, 1874; Amendments 1873-4, 228; took effect
July 1, 1874.

ARTICLE IV.

EFFECT OF RECORDING, OR THE WANT THEREOF.

6213. Record, where and to whom notice.

Sec 1213. Every conveyance of real property, acknowledged or proved, and
certified and recorded as prescribed by law, from the time it is filed with the
recorder for record, is constructive notice of the contents thereof to subsequent
purchaser and mortgagees.

6214. Conveyances to he recorded, or are void, etc.

Sec 1214. Every conveyance of real property other than a lease for a term
not exceeding one year, is void as against any subsequent purchaser or mort-
gagee of the same proj)erty, or any part thereof, in good faith and for a valuable
consideration, whose conveyance is first duly recorded.

6215. Conveyance defined.

Sec 1215. The term "conveyance," as used in sections 1213 and 1214, em-
braces every instrument in writing by which any estate or interest in real prop-
erty is created, aliened, mortgaged, or incumbered, or by which the title to
any real property may be affected, except wills.

6216. Poivers of attorney, hoio revoked.

Sec 1216. No instrument containing a power to convey or execute instru-

713

621G-6237 CIVIL CODE.

ments affecting real property, which has been recorded, is revoked by any act
of the party by whom it was executed, unless the instrument containing such
revocation is also acknowledged or proved, certified and recorded, in the same
office in which the instrument containing the power was recorded.
6217. Unrecorded insirumenf valid between the parties.

Sec. 1217. An unrecorded insti-ument is valid as between the parties thereto
and those who have notice thereof.

CHAPTER V.

UNLAWFUL TBANSFERS.

6227. Certain instruments void against purchasers, etc.

Sec. 1227. Every instrument, other than a will, affecting an estate in real
property, including every charge upon real property, or upon its rents or
Ijrotits, made with intent to defraud jirior or subsequent purchasers thereof, or
incumbrancers thereon, is void as against every purchaser or incumbrancer, for
value, of the same property', or the rents or profits thereof.

6228. Not void against purchaser having notice, unless fraud is mutual.

Sec. 1228. No instrument is to be avoided under the last section, in favor of
a subsequent purchaser or incumbrancer having notice thereof at the time his
purchase was made, or his lien acquired, unless the person in whose favor the
instrument was made was privy to the fraud intended.

6229. Foiver to revok-j, when deemed executed.

Sec. 1229. "Where a power to revoke or modify an instrument affecting the
title to, or the enjoyment of, an estate in real property, is reserved to the
grantor, or given to any other person, a subsequent grant of, or charge ujjou, the
estate, by the person having the power of revocation, in favor of a i3urchaser or
incumbrancer, for value, operates as a revocation of the original instrument,
to i\\Q extent of the power, in favor of such purchaser or incumbrancer.

6230. Same.

Sec. 1230. "Where a person having a power of revocation, within the pro-
visions of the last section, is not entitled to execute it until after the time at
which he makes such a grant or charge as is described in that section, the
power is deemed to be executed as soon as he is entitled to execute it.

6231. Other provisions.

Sec 1231. Other provisions concerning unlawful transfers are contained
in Part II, Division lY, of this Code, concerning the special relations of debtor
and creditor.

TITLE Y.

Chapter I. Genehai. Phovisions C237

II. Homestead of the Head of a Family G2G2

III. Homeste.vd of Otijku Persons G266

CHAPTER I.

GENERAL TROVISIONS.

6237. Uomestead, of what consists.

Sec. 1237. The homestead consists of the dwelling-house in which the claim-

714

HOMESTEADS. G237-6245

ant resides, and the land on -whicli the same is situated, selected as in this title
provided. [Amendment , approved March 30, 1874; Amendments 1873-4, 228;
Jook effect July 1, 1874/"'

6238. From what may he selected.

Sec, 1238. If th^^aimant be married, the homestead may be selected from
the community property, or the separate property of the husband, or with the
consent of the wife from her separate property. When the claimant is not mar-
ried, but is the head of a family, within the meaning- of section one thousand two
hundred and sixt^^-one, the homestead may be selected from any of his or her
property. [Amendment, approved March 30, 1874; Amendments 1873-4, 229;
took effect July 1, 1874.*'''

6239. When selected fi'om wife's separate estate.

Sec. 1239. The homestead cannot be selected from the separate property of
the wife without her consent, shown by her making, or joininj^- in making, the
declaration of homestead. [Amendment, approved March 30, 1874; Amendments
1873-4, 229; took effect July 1, 1874.<">

6240. Exempt from forced sale.

Sec. 1240. The homestead is exempt from execution or forced sale, except as
in this title provided.

6241. Subject to execution, ivhen.

Sec. 1241. The homestead is subject to execution or forced sale in satisfac-
tion of judgments obtained :

1. Before the declaration of homestead was filed for record, and which con-
stitute liens upon the premises;

2. On debts secured by mechanics', laborers', or vendors' liens uj)on the
premises;

3. On debts secured by mortgages upon the premises, executed and acknowl-
edged by the husband, wife, or an unmarried claimant;

4. On debts secured by mortgages upon the premises, executed and recorded
before the declaration of homestead was filed for record. [Amendment, approved
March 30, 1874; Amendments 1873-4, 229; took effect July 1, 1874.^'^'

6242. Hoio conveyed or incumbered.

Sec. 1242. The homestead of a married person cannot be conveyed or in-
cumbered unless the instrument by which it is conveyed or incumbered is
executed and acknowledged by both husband and wife.

6243. How abandoned.

Sec. 1243. A homestead can be abandoned only by a declaration of abandon-
ment, or a grant thereof, executed and acknowledged:

1. By the husband and wife, if the claimant is married;

2. By the claimant, if unmarried.

6244. Same.

Sec, 1244. A declaration of abandonment is effectual only from the time it is
filed in the office in which the homestead was recorded,

6245. Proceedings on execution against homestead.

Sec. 1245. When an execution for the enforcement of a judgment obtained
in a case not within the classes enumerated in section 1241, is levied upon the

(a) Original section: (c) Original section:

Sec. 12:i7. The homestead consists of a quantity of Sec. 1239 The husband cannot select a homestea

land, on which the claimant resides, selected as in this from the separate property of the wife,

title provided. (rf) The original section in the first subdivision, in-

(6) Original section: stead of " premises " had the words " land out of which

Sec. 1*238. It may be selected by the claimant from the homestead is carved." In the second, third and

any land in the possession of the claimant, or of the fourth subdivisions, instead of " premises " it had the

husband of the claimant. word " land."

715

6245-6257 CIVIL CODE.

homestead, the judgment creditor may apply to the county judge of the county
in which the homestead is situated for the appointment of persons to appraise
the value thereof.

6246. Verified petition.

Sec. 1246. The application must be made upon a verified" petition, showing:

1. The fact that an execution has been levied upon the homestead;

2. The name of the claimant;

3. That the value of the homestead exceeds the amount of the homestead
exemption.

6247. Filing.

Skc. 1247. The petition must be filed with the clerk of the county court.

6248. Xotice.

Sec 1218. A copy of the joetition, with a notice of the time and place of
hearing, must be served upon the claimant, at least two dajs before the hearing.

6249. Hearing and appointment of appraiser.

Sec. 1249. At the hearing the judge may, uj^on proof of the service of a copy
of the petition and notice, and of the facts stated in the petition, appoint
three disinterested residents of the county to appraise the value of the home-
stead.

6250. Oath of appraiser.

Sec. 1250. The j^ersous a2)pointed, before entering ujion the performance of
their duties, must take an oath to faithfully perform the same.

6251. View of premises.

Sec. 1251. They must view the jDremises and appraise the value thereof, and
if the appraised value exceeds the homestead exemption they must determine
whether the land claimed can be divided without material injury.

6252. Report of appraisers.

Sec. 1252. "Within fifteen days after their ai^pointment they must make to the
judge a report in Avritiug, Avhich report must show the appraised value and their
determination upon the matter of a division of the land claimed.

6253. Division of property , lohen.

Sec. 1253. If, from the report, it appears to the judge that the land claimed
can be divided without material injury, he must, by an order, direct the ap-
praisers to set off to the claimant so much of the laud, including the residence,
as will amount in value to the homestead exemption, and the execution ma^' be
enforced against the remainder of the land.

6254. Sale, ichen.

Sec. 1254. If, from the report, it appears to the judge that the land claimed
exceeds in value the amount of the homestead exeuq^tion, and that it cannot
be divided, he must make an order directing its sale under the execution.

6255. nids.

Skc. 1255. At such sale no l)id must be received, unless it exceeds the amount
of the homestead exemption.

6256. Ajjjjlifalion of proceeds of sale.

Sec. 1256. If the sale is made, the proceeds thereof, to the amount of the
homestead exemption, must be paid to the claimant, and the balance applied to
the satisfaction of the execution.

6257. Money resulting from execution sale protected.

Sec 1257. The money paid to the claimant is entitled, for the period of
BEX months thereafter, to the same protection against legal process and the vol-

716

HOMESTEADS. G257-G2G1

untaiy disposition of the husband, which the law gives to the homestead.
[Ame7idment, approved llarch 30, 1874; Amendments 1873-4, 230; took t'ffect

Jul;/ 1, 1814:.^'^

6258. Compevsaiion of appraisers.

Sec. 1258. The court must fix the compensation of the appraisers, not to
exceed five dollars per day each for the time actually engaged.

6259. Costs.

Sec. 1259. The execution creditor must pay the costs of these proceedings in
the first instance; but in the cases provided for in sections 1253 and 1254 the
amount so paid must be added as costs on execution, and collected accord-
ingly.

6260. Who may select homestead, value of.

Sec. 1260. Homesteads may be selected and claimed:

1. Of not exceeding five thousand dollars in value by any head of a family;

2. Of not exceeding one thousand dollars in value by any other person.

6261. Head of a family defined.

Sec. 1261. The phrase "head of a family," as used in this title, includes
"within its meaning:

1. The husband, when the claimant is a married person;

2. Every person who has residing on the premises with him or her and under
his or her care and maintenance, either:

1. His or her minor child, or the minor child of his or her deceased wife or
husband ;

2. A minor brother or sister, or the minor child of a deceased brother or
sister;

3. A father, mother, grandfather, or grandmother;

4. The father, mother, grandfather or grandmother of a deceased husband
or wife;

5. An unmarried sister, or any other of the relatives mentioned in this sec-
tion who have attained the age of majority, and are unable to take care of or
support themselves. [Amendment, approved March 30, 1874; Amendments
1873-4, 230; took effect July 1, 1874.^^'

An Act to enable certain parties therein named to alienate or incumber homesteads.
Approved March 25, 1874; 1873-4, 582.

Alienation of homestead.

Section 1. In case of a homestead, if either the husband or wife shall become
hopelessly insane, upon api^lication of the husband or wife, not insane, to the
probate court of the county in which said homestead is situated, and upon due
proof of such insanity, the court may make an order permitting the husband or
wife, not insane, to sell and convey, or mortgage, such homestead.

Notice of apyplicalion.

Sec. 2. Notice of the application for such order shall be given by publication
of the same, in a newspaper published in the county in which such homestead
is situated, if there be a newsj)aper published therein, once each week for three
successive weeks, prior to the hearing of such application, and a copy of such
notice shall also be served upon the nearest male relative of such insane hus-
band or wife, resident in this state, at least three weeks prior to such applica-
tion; and in case there be no such male relative known to the applicant, a copy

(a) Original section: (ft) The original section, instead of the first Bubdl-

Sec. i'lbi. The money paid to the claimant is entitled vision as above, had two subdivisions as foUowB:

to all the protection against legal process and the vol- " 1. The husband; 2. The wife."

untary disposition of the husband which the law gives

to the homestead.

717

C2G1-G2G3 CIVIL CODE.

of such notice shall be served upon the public administrator of the count}- in
■which such homestead is situated; and it is hereby made the duty of such
public administrator, upon being served with a copy of such notice, to appear
in court and see that such application is made in good faith, and that the pro-
ceedings thereon are fairly conducted.

P Hill on.

Sec. 3. Thirty days before the hearing of any application under the provisions
of this act, the applicant shall present and file in the court in which such appli-
cation is to be heard, a petition for the order mentioned in the first section of
this act, subscribed and sworn to by the applicant, setting fortJi the name and
age of the insane husband or wife; the number, age, and sex of the children of
such insane husband or wife; a description of the premises constituting the
homestead; the value of the same; the county in which it is situated; and such
facts in addition to that of the insanity of the husband or wife relating to the
circumstances and necessities of the applicant and his or her family, as he or
she may rely upon in support of the petition.
Order and effect.

Sec. 4. If the court shall make the order provided for in the first section of
this act, the same shall be entered upon the minutes of the court, and there-
after an}' sale, conveyance, or mortgage made in pursuance of such order, shall
be as valid and effectual as if the property affected thereby was the absolute
property of the person making such sale, conveyance, or mortgage, in fee
simi)le.
Fees.

Sec. 5. For all services rendered by any public administrator, under the pro-
visions of this act, he shall be allowed a fee not exceeding twenty dollars, to be
fixed by the court, and the same shall be taxed as costs against the jDerson
making api^lication for the order herein provided for.

Sec. 6. All acts and parts of acts in conflict with the provisions of this act
are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its passage.

CHAPTER II.

HOMESTEAD OF THE HEAD OF A FAMILY.

6262. Mode of selection.

Sec. 12G2. In order to select a homestead, the husband or other head of a
family, or in case the husband has not made such selection, the wife must
execute and acknowledge, in the same manner as a grant of real property is
acknowledged, a declaration of homestead, and file the same for record.
[Amendmnd , approved March 30, 1874; Amendmenlti 1873-4, 230; look effect July
1, 1874.*="

6263. Di'chiratinn, v:hat to contain.

Sec. 1203. The declaration of homestead must contain:

1. A st^itement, showing that the person making it is the head of a family;
or, when the declaration is made by the wife, showing that her husband has not
made such declaration, and that slie therefore makes the declaration for their
joint benefit;

2. A statement that the person making it is residing on the premises, and
claims them as a homestead;

(a) Orlfrinal Bection: Bteacl, must execute and acknowledge. In the Bame

Sec. 1M2. Tho liuKband and wife-, or either of them, manner as a grant of real property is acknowledged, a
or other head of u family, in the selection of the home- declaration of homestead.

718

WILLS. G2G3-G270

3. A description of the premises;

4. An estimate of their actual cash value. [Amendment, approved March 30,
1874; Amendments 1873-4, 231; took effect July 1, 1874. "»

6264. Declaration must be recorded.

Sec. 1264. The declaration must be recorded in the office of the recorder of
the county in which the land is situated.

6265. Homestead right, when it attaches.

Sec. 12G5. From and after the time the declaration is filed for record, the
premises therein described constitute a homestead. If the selection was made
by a married person from the community property, the land, on the death of
either of the spouses, vests in the survivor, subject to no other liability than
such as exists or has been created under the provisions of this title; in other
cases, upon the death of the person whose property was selected as a homestead,
it shall go to his heirs or devisees, subject to the power of the probate court to
assign the same for a limited period to the family of the decedent; but in no
case shall it be held liable for the debts of the owner, except as provided in this
title. [Amendment, approved March 30, 1874; Amendments 1873-4, 231; took
effect July 1, 1874.'''>

CHAPTER III.

HOMESTEAD OF OTHER PERSONS.

6266. Mode of selection .

Sec. 1266. Any person other than the head of a family, in the selection of a
homestead, must execute and acknowledge, in the same manner as a grant of
real property is acknowledged, a " declaration of homestead."

6267. Declaration of homestead.

Sec 1267. The declaration must contain everything required by the second,
third and fourth subdivisions of section 1263,
6263. Declaration must be 7-ecorded.

Sec 1268. The declaration must be recorded in the office of the county re-
corder of the county in which the land is situated.
6269. Effect of fling for record the declaration of homestead.

Sec 1269. From and after the time the declaration is filed for record, the land
described therein is a homestead.

TITLE VI.

Chapter I. Execution and Revocation of Wills 6270

II. Interpretation of Wills 6317

III. General Provisions Relating to Wills 6357

CHAPTER I.

EXECUTION AND REVOCATION OP WILLS.
6270. Who may make a will.

Sec 1270. Every person over the age of eighteen years, of sound mind, may,

(a) Original section: filed for record, the land therein described is a home-

Sfc.12G3. The "declaration of homestead" must con- stead; and if the declaration was made by a married

tain: 1. A statement of the facts that show the person person, the land is thereafter by the spouses held in

making it to be the head of afamily; 2. Astatement joint tenancy, and on the d<ath of either of the spouses,

that the person making it Is residing'on the land, and and subject to no other liability than such as exists or

claims it as a homestead; 3. A description of the land; has been created under the provisions of this title, it

i. An estimate of its actual cash value. dcBcends to and the title at ouce vests in the survivor.

(6) Original section:

Sec. 12e5. From and after the time the declaration is

719

6270-6278 CIVIL CODE.

by last will, dispose of all liis estate, real and personal, and such estate not dis-
posed of by will is succeeded to as provided in Title VII of this Part, being
chargeable in both cases with the payment of all the decedent's debts, as provided
in the Code of Civil Procedure.

6271. [Sec. 12T1<"^ was repealed by act approved March 30, 1874; Amend-
ments 1873-4, 232; took eiiect July 1, 1874.]

6272. ]I7//, or part thereof, procured bij fraud.

Sec 1272. A will, or jiart of a will, procured to be made by duress, menace,
fraud, or undue influence, may be denied probate; and a revocation, j)rocured
by the same means, may be declared void.

6273. Harried ivoman may dispose of separate estate by toill.

Sec, 1273. A married woman may dispose of all her separate estate hj will,
without the consent of her husband, and may alter or revoke the will in like
manner as if she were single. Her will must be executed and proved in like
manner as other wills. [Amendment, approved March 30, 1874; Amendments
1878-4, 232; took effect July 1, 1874.<''>

6274. What may pass by xoill.

Sec 1274. Evexy estate and interest in real or personal property', to which
heirs, husband, widow, or next of kin might succeed, may be disposed of by
will, except as otherwise provided in sections 1401 and 1402.

6275. 117(0 may take by will.

Sec 1275. A testamentary disj)osition may be made to any person callable
by law of taking the proj)erty so disposed of, except corporations other than
those formed for scientific, literary, or solely educational purposes, cannot take
under a will, unless expressly authorized by statute. [Amendment, approved
Januai'y 29, 1874; Amendments 1873-4, 275; took effect from passage.'-"^

6276. Written xoill, how to be executed.

Sec 127G. Every will, other than a nuncuj)ative will, must be in writing; and
every will, other than an olographic Avill, and a nuncupative will, must be
executed and attested as follows:

1. It must be subscribed at the end thereof by the testator himself, or some
person in his presence and by his direction must subscribe his name thereto;

2. The subsci-ijition must be made in the jiresence of the attesting witnesses,
or be acknowledged by the testator to them, to have been made by him or by
his authority;

3. The testator must, at the time of subscribing or acknowledging the same,
declare to the attesting witnesses that the instrument is his will; and,

4. There must be two attesting witnesses, each of whom must sign his name
as a witness, at the end of the will, at the testator's request, and in his presence.

6277. Definition of an olographic will.

Sec. 1277. An olographic will is one that is entirely written, dated, and signed
by the hand of the testator himself. It is subject to no other form, and may be
made in or out of this state, and need not be witnessed.

6278. Witness to add r-esidence.

Sec. 1278. A witness to a written will must write, with his name, his place of
residence; and a person who subscribes the testator's name, by his direction,
must write his own name as a witness to the will. But a violation of this section
does not affect the validity of the will.

(a) Repealed section: (c) Original section:

Sec. 1271. A i)erson having any insane delusion is Sk<:. 127.5. A tcstmiientaiT disposition may be made

incompetent to make a will. to any ijersou callable by law of taking tbe property so

(6) Tbe original section differed in tbe lai^t sen- disposed of, except that no corporation can take under

tence, which was as follows: "Her will must be at- a will, uulesB exin-essly authorized by statute so to

tested, witnessed, and jjroved in like manner as all take,
other ■vs-ills."

720

WILLS. 6279-6288

6279. Mutual will.

Sec. 1279. A conjoint or mutual will is valid, but it may be revoked by any
of the testators, in like manner with any other will.

6280. Competency of subscribing ivifness.

Sec. 1280. If the subscribing witnesses to a will are competent at the time of
attesting its execution, their subsequent incompetency, from whatever cause it
may arise, does not prevent the jorobate and allowance of the Avill, if it is other-
wise satisfactorily proved.

6281. Conditional will.

Sec 1281. A will, the validity of which is made by its own terms conditional,
may be denied probate, according to the event, with reference to the condition.

6282. Gifts to subscribing witnesses void.

Sec. 1282. All beneiicial devises, legacies and gifts whatever, made or given
in any will to a subscribing witness thereto, are void, unless there are two other
competent subscribing witnesses to the same; but a mere charge on the estate
of ^the testator for the payment of debts does not jprevent his creditors from
being competent witnesses to his will.

6283. Witness, ivho is devisee, rights of.

Sec. 1283. If a witness, to whom any beneficial de\dse, legacy or gift, void by
the preceding section, is made, would have been entitled to any share of the
estate of the testator, in case the will should not be established, he succeeds to
so much of the share as would be distributed to him, not exceeding the devise
or bequest made to him in the will, and he may recover the same of the other
devisees or legatees named in the will, in proportion to and out of the parts
devised or bequeathed to them. [Amendment, approved March 30, 1874; Amend-
ments 1873-4, 232; took effect July 1, 1874.'''''

6284. [Sec. 1284"" was repealed by act approved March 30, 1874; Amendments
1873-4, 232; took effect July 1, 1874.J

6285. Will made out of state.

Sec 1285. No will made out of this state is valid as a will in this state,
unless executed according to the provisions of this chapter. [Amendment, ap-
proved March 30, 1874; Amendments 1873-4, 232; took effect July 1, 1874.^'''

6286.

[Sec 1286"^' was repealed by act approved March 30, 1874; Amendments
1873-4, 232; took effect July 1, 1874. J

6287. Pkcpublication by codicil.

Sec 1287. The execution of a codicil, referring to a previous will, has the
effect to republish the will, as modified by the codicil.

6288. Nuncupative loill, liow to be executed.

Sec 1288. A nuncupative will is not required to be in writing, nor to be
declared or attested with any formalities.

(a) Original section: (c) Original section:

Sec. 12fca. If a witness, to whom any beneficial de- Sec. 12bo. No will or revocation is valid unless exe-
vise, legacy, or gift, is made or given, would have been cuted either according to the provisions of this chap-
entitled to any share of the estate of the testator, in ter, or according to the law of the place in which
case the will is not established, he succeeds to so it was made, or in which the testator was at the time
much of the share as would be distributed to him, not domiciled,
exceeding the devise or bequest made to him in the (d) Kejiealed section:

will; ana he may recover the same of the devisees or Sec. 12o6. Whenever a will, or a revocation thereof,

legatees uamed in the will, in proportion to and out of is duly executed according to the law of the place in

the xjarts devised or bequeathed to them. which the same was made, or in which the testator was

(b) Kejjealed section: at the time domiciled, the same is regulated, as to the
Sec. VMi. A will of real or ijersonal property, or both, validity of its execution, by the law ol such place, not-

*T a revocation thereof, made out of tnis state by a per- withstanding that the testator subsequently changed
Bon not having his domicile in this state, is as valid, his domicile to a place by the law of which such will
when executed according to the law of the x^lace in would be void,
which the same was made, or in which the testator
was at the time domiciled, as if it were made in this
state, and according to the provisions of this chapter.

46 721

6289-6296 CIYIL CODE.

6289. BequisUes of valid nuncupative ivill.

Sec. 1289. To make a uuncupative will valid, and to entitle it to be admitted
to i^robate, the following requisites must be observed:

1. The estate bequeathed must not exceed in value the sum of one thousand
dollars;

2. It must be proved by two witnesses who were present at the making
thereof, one of whom was asked by the testator, at the time, to bear witness that
such was his will, or to that effect;

3. The decedent must, at the time, have been in actual military service in the
field, or doing duty on shijjboard at sea, and in either case in actual contem-
plation, fear, or peril of death; or the decedent must have been, at the time,
iu expectation of immediate death from an injury received the same day.
[Amoidment, approved March 30, 187J:; AmendmetUs 1873-4, 233; look effect July
1, 1874.'^>

6290. Proof of nuncupative wills.

Sec. 1290. No proof must be received of any nuncupative will, unless it is
offered within six months after speaking the testamentary words, nor unless the
words, or the substance thereof, were reduced to writing within thirty da3's after
they were spoken.

6291. Probate of nuncupative wills.

Skc. 1291. No probate of any nuncupative will must be granted for fourteen
days after the death of the testator, nor must any nuncupative will be at any
time proved, unless the testamentary words, or the substance thereof, be first
committed to writing, and jJi'ocess issued to call in the widow, or other persons
interested, to contest the probate of such will, if they think proper.

6292. Written will, how revoked.

Sec. 1292. Except in the cases in this chapter mentioned, no written will, nor
any part thereof, can be revoked or altered otherwise than:

1. B}' a written will, or other writing of the testator, declaring such revoca-
tion or alteration, and executed with the same formalities with Avhich a will
should be executed by such testator; or,

2. By being burnt, torn, canceled, obliterated, or destroyed, with the intent
and for the purpose of revoking the same, by the testator himself, or by some
person in his presence and by his direction.

6293. Ecidence of revocation.

Sec. 1293. When a will is canceled or destroyed by any other person than the
testator, the direction of the testator, and the fact of such injury or destruc-
tion, must be proved by two witnesses.

6294. [Sec 1294"" was repealed by act approved March 30, 1874; Amendments
1873-4, 233; took effect July 1, 1874.]

6295. Jicvocalion of duplicate.

Sec. 1295. The revocation of a Avill, executed in duplicate, may be made by
revoking one of the duplicates.
62C6. Pcvocation by sabsfquent will.

Sec. 1296. A prior will is not revoked by a subseqiient will, unless the latter

(n) The original section lia<l four Biilidivisions. The (h) Repealed geetion:

flrat uud Bcroud were the Huiiie uh in the uiueudnieut. Sko I'J'.ll. .\ revocation by obliteration on the face

The tliird and fourth were uk follows: of the will niuy be partial or total, and is complete if

"a The decedent uiuht, at the time, hirve been In the material jjart is so obliterated aB to show an iuteu-

hlfi laht illncKK, or iu mtual militiry service in the tiou to revoke; but where, in order to effect a new dis-

field, or doing duty on Bhijiboard at Ben, and in either position, the testator attempts to revoke a i)rovision of

case iu aetuil contemplatii II. fear, or peril of dentil; the will, by altering or obliterating it ou the face

"4 Exi-ept in the i-uHes mentioned iu subdivisions thereof . sucli revocation is not valid unless the now

ol this se( tiou, it must be made at the dwelling-house disposition is legally effected,
of th" ti ht:itor, or where he was rei-iding for tlie space
of ten d:iys or more, uuless taken sick from home aud
death endues before his return."

722

WILLS. G29G-fi304

contains .an express revocation, or i')rovisions wlioll}' inconsistent -witli tlie terms
of the former will; but in other cases the prior will remains eflectual so far as
consistent with the provisions of the subsequent will.

6297. Antecedoit nol revived bij revoealion of siibsequciU xoill.

Sec. 1297. If, after making a will, the testator duly makes and executes a
second will, the destruction, cancellation, or revocation of such second will
does not revive the first will, unless it appears by the tei'ms of such revocation
that it was the intention to revive and give effect to the first wull, or unless,
after such destruction, cancellation, or revocation, the first will is duly repub-
lished.

6298. Revocation by marriage and birth of issue.

Sec 1298. If, after having made a will, the testator marries, and has issue
of such marriage, born either in his lifetime or after his death, and the wife or
issue survives him, the will is revoked, unless provision has been made for such
issue by some settlement, or unless such issue are provided for in the will, or
in such way mentioned therein as to show an intention not to make such pro-
vision; and no other evidence to rebut the presumption of such revocation can
be received.

6299. Effect of marriage of a man on histwill.

Sec. 1299. If, after making a will, the testator marries, and the wife survives
the testator, the will is revoked, unless provision has been made for her by
marriage contract, or unless she is provided for in the will, or in such way men-
tioned therein as to show an intention not to make such provision; and no other
evidence to rebut the presumption of revocation must be received.

6300. Effect of a marriage of a ivoman on her xoill.

Sec. 1300. A will, executed by an unmarried woman, is revoked by her sub-
sequent marriage, and is not revived by the death of her husband.

6301. Contract of sale not a revocation.

Sec. 1301. An agreement made by a testator for the sale or transfer of property
disposed of by a will previously made, does not revoke such disi:)Osal ; but the
property passes by the will, subject to the same remedies on the testator's
agreement, for a specific performance or otherwise against the devisees or lega-
tees, as might be had against the testator's successors, if the same had passed
by succession.

6302. Mortgage not a revocation of will.

Sec 1302. A charge or incumbrance uj^on any estate, for the purpose of
securing the payment of money or the performance of any covenant or agree-
ment, is not a revocation of any will relating to the same estate which was
previously executed; but the devise and legacies therein contained must pass,
subject to such charge or incumbrance.

6303. Conveyance, when not a revocation. .

Sec 1303. A conveyance, settlement, or other act of a testator, by which his
interest in a thing previously disposed of by his will is altered, but not wholly
divested, is not a revocation; but the will passes the property which would
otherwise devolve by succession.

6304. When it is a revocation.

Sec 1304. If the instrument by which an alteration is made in the testator's
interest in a thing previously disposed of by his will expresses his intent that
it shall be a revocation, or if it contains provisions wholly inconsistent with the
terms and nature of the testamentary disposition, it operates as a revocation
thereof, unless such inconsistent provisions depend on a condition or contin-
gency by reason of which they do not take effect.

723

6305-0312 CIVIL CODE.

6305. Eevocatiori or codinh.

Sec. 1305. Tlie revocation of a will revotes all its codicils.

6306. Afterhorn child, unprovided for , to succeed .

Sec. 1306. 'Wbenever a testator has a child bom after the making of his will,
either in his lifetime or after his death, and dies leaving such child unprovided
for by any settlement, and neither provided for nor in any vvay mentioned in
his will, the child succeeds to the same portion of the testator's real and j^er-
sonal property that he would have succeeded to if the testator had died intes-
tate.

6307. Children, or issue of children of testator unprovided for by his icill.

Sec 1307. "When any testator omits to provide in his will for any of his chil-
dren, or for the issue of any deceased child, unless it appears that such omission
was intentional, such child, or the issue of such chUd, must have the same
share in the estate of the testator as if he had died intestate, and succeeds
thereto as provided in the preceding section.

6308. Share ofafferbom child, out of ichat part of estate to be paid.

Sec. 1308. When any share of the estate of a testator is assigned to a child
bom after the making of a will, or to a child, or the issue of a child, omitted in
the will, as hereinbefore mentioned, the same must first be taken from the estate
not disposed of by the will, if any; if that is not sufficient, so much as may be
necessary must be taken from all the devisees or legatees, in proportion to the
value they may respectively receive under the will, unless the obvious intention
of the testator in relation to some specific devise or bequest, or other provision
in the will, would thereby be defeated ; in such case, such specific devise,
legacy, or provision, may be e:sempted from such apportionment, and a different
apportionment, consistent with the intention of the testator, may be adopted.

6309. Advancement during lifetime of testator.

Sec. 1309. If such children, or their descendants, so unprovided for, had an
equal proportion of the testator's estate bestowed on them in the testator's life-
time, by way of advancement, they take nothing in virtue of the provisions of
the three preceding sections.

6310. Death of devisee, being relation of testator in lifetime of testator, leaving

lineal descendants.
Sec. 1310. TVhen any estate is devised to any child, or other relation of the
testator, and the devisee dies before the testator, leaving lineal descendants,
such descendants take the estate so given by the will, in the same manner as
the devisee would have done had he survived the testator.

6311. Devises of land, how construed.

Sec. 1311. Every devise of land in any will conveys all the estate of the
devisor therein, which he could lawfully devise, unless it clearly appears by the
will that he intended to convey a less estate.

6312. Will passes after-acquired estates.

Sec. 1312. Any estate, right, or interest in lands acquired by the testator
after the making of his will, passes thereby and in like manner as if title thereto
was vested in him at the time of making the will, unless the contrary mani-
festly appears by the will to have been the intention of the testator. Every
•will made in express terms devising, or in any other terms denoting the intent
of the testator to de-^nse all the real estate of such testator, passes all the real
estate which such testator was entitled to devise at the time of his decease.
[Amendment, approved March 30, 1874; Amendments 1873-i, 233; took effect
July 1, 1874.''>

(aj The original section, insUad of " nnlesB the contrary," had the words " if it."

724

TVILLS. 6313-€325

6313. Eentriction on power of device to cJuirUable rises.

Szc. 1313. No estate, real or personal, shall be bequeathed or devised to anv
charitable or benevolent society, or corporation, or to any person or persons in
tnist for charitable uses, except the same be done by will duly executed at least
thiiiy days before the decease of the testator; and if so made, at least thirti.-
days prior to such death such devise or legacy, and each of them, shall be
valid; provided, that no such devises or l>equests shall collectively exceed one
third of the estate of the testator leaving legal heirs, and in such case a pro rata
deduction from such devises or bequests shall be made so as to reduce the
aggiegate thereof to one third of such estate; and all dispositions of property
made contrary hereto shall be void, and go to the residuary legatee or devisee,
next of kin, or heirs, according to law. [Xew section, approved March 18, 1874;
AmendrnenU 1873-4, 275; iooJc effect from passage.

CHAPTER n.

IXTEEPBETATIOX OF WILLS, AND EFFECT OF TAPJOrS PEOTISIOXS.

6317. Testator's intention to be carried out.

Sec. 1317. A will is to be construed according to the intention of the testa-
tor. "Where his intention cannot have effect to its full extent, it must have
effect as far as possible.

6318. Intention to be ascertained from the will.

Sec. 1318. In case of uncertainty arising upon the face of a will, as to the
application of any of its provisions, the testator's intention is to be ascertained
from the words of the will, taking into view the circumstances under which it
was made, exclusive of his oral declarations.

6319. Bides of interpretation.

Sec. 1319. In interpreting a will, subject to the law of this state, the rules
l^rescribed by the following sections of this chapter are to be observed, unless
an intention to the contrary clearly appears.

6320. Several instruments are to be taken together.

Sec. 1320. Several testamentary instruments, executed by the same testator,
are to be taken and construed together as one instrument.

6321. Hormonizing various parts.

Sec. 1321. All the parts of a will are to be construed in relation to each other,
and so as, if possible, to form one consistent whole; but where several parts
are absolutely irreconcilable, the latter must prevail-

6322. In what case devise not affected.

Sec 1322. A clear and distinct devise or bequest cannot be affected by any
reasons assigned therefor, or by any other words not equally clear and distinct,
or by inference or argument from other parts of the wdl, or by an inaccurate
recital of or reference to its contents in another part of the wiU.

6323. When ambiguous or doubtful.

Sec. 1323. "WTiere the meaning of any part of a will is ambiguous or doubt-
ful, it may be explained by any reference thereto, or recital thereof in another
part of the will.

6324. Words taken in ordinary sense.

Sec. 1324. The words of a wiQ are to be taken in their ordinary and gram-
matical sense, unless a clear intention to use them in another sense can be col-
lected, and that other can be ascertained.

6325. TTortfe to receive an op^erative construction.

Sec. 1325. The words of a will are to receive an interpretation which will

725

6325-G336 CIYIL CODE.

give to eveiT expression some effect, ratber than one wliicli will render any of
the expressions inoperative.

6326. Intestacy to he avoided.

Skc. 132G. Of two modes of interpreting a will, tliat is to be preferred which
will i^revent a total intestacy.

6327. Effect of technical ivords.

Sec. 1327. Technical words in a will are to be taken in their technical sense,
unless the context clearly indicates a contrary intention.

6328. Technical woi^ds not necessary.

Sec. 1328. Technical words are not necessary to give effect to any species of
dis]iosition by a will.

6329. Certain tcords not rtecessary to jjass a fee.

Sec 1329. The term " heirs," or other words of inheritance, are not requisite
to devise a fee, and a devise of real projoerty passes all the estate of the testa-
tor, unless otherwise limited.

6330. Power to devise, hoiv executed by tey^ms of iviU.

Sec. 1330. Real or personal property embraced in a power to devise, passes
by a will jmrporting to devise all the real or personal property of the testator.

6331. Devise or bequest of all real or all person aVpropert y , or both.

Sec. 1331. A devise or bequest of all the testator's real or personal property,
in express terms, or in any other terms denoting his intent to dispose of all his
real or personal jiroperty, passes all the real or personal property which he was
entitled to dispose of by will at the time of his death.

6332. Devise of residue, ichaf jyasses.

Sec 1332. A devise of the residue of the testator's real property passes all
the real property which he was entitled to devise at the time of his death, not
otherwise effectually devised by his will. [Amendment, aj^i^roved March 30,
1874; Amendments 1873-4, 234; took effect July 1, 1874.'*'

6333. Same.

Sec 1333. A bequest of the residue of the testator's personal property, j^asses
all the personal property which he was entitled to bequeath at the time of his
death, not otherwise effectually bequeathed by his will. [Amendment, approved
MarchZi), 1874; Amendments 1^1^-4:, 234; took effect July 1, 1874.<'"

6334. "Heirs," " relatives," " issue," "descendants," etc.

Sec. 1334. A testamentary disposition to "heirs," "relations," "nearest
relations," "representatives," "legal rejiresentatives," or "personal represent-
atives," or "famil}^," "issue," "descendants," "nearest" or "next of kin" of
any person, without other words of qualification, and when the terms are used
as words of douation, and not of limitation, vests the property in those who
would be entitled to succeed to the jnoperty of such person, according to the
provisions of the title on succession, in this code.

6335. Words of donation and of limitation.

Sec 1335. The terms mentioned in the last section are used as words of dona-
tion, and not of limitation, when the proiierty is given to the person so des-
ignated, directly, and not as a qualification of an estate given to the ancestor
of such person.

6336. 7b what lime rrnrds refer.

Sec 1330. AVords in a will referring to death or survivorship, simply, relate
to the time of the testator's death, unless possession is actually posti)oned,
when they must be referred to the time of possession.

(a) The original H'-ction, after " teBtutor's," liutl the (ft) The origlnnl Bcction, after " testator's," had the
words " estate, x^roiierty, or." words " estate, iiroperty, or."

726

WILLS. 6337-6348

6337. DeviHe or bequest to a class.

Sec. 1337. A testamentary disposition to a class includes every person an-
swering- the description at the testator's death; but when the possession is post-
poned to a future jjeriod, it includes also all persons coining within the descrip-
tion before the time to which possession is postponed.

6338. WJum conversion takes effect.

Sec 1338. When a will directs the conversion of real property into money,
such property and all its proceeds must be deemed personal property from the
time of the testator's death.

6339. When child born after testator's death takes under ivill.

Sec. 1339. A child conceived before, but not born until after a testator's
death, or any other period when a disposition to a class vests in right or in
possession, takes, if answering to the description of the class.

6340. Mistakes and omissions.

Sec. 1340. When, appljdng a will, it is found that there is an imperfect de-
scription, or that no person or property exactly answers the description, mis-
takes and omissions must be corrected, if the error appears from the context of
the will or from extrinsic evidence; but evidence of the declarations of the tes-
tator as to his intentions cannot be received.

6341. When devises and bequests vest.

Sec. 1341. Testamentary dispositions, including devises and bequests to a
person on attaining majority, are presumed to vest at the testator's death.

6342. When cannot be divested.

Sec 1342. A testamentary disposition, when vested, cannot be divested unless
upon the occurrence of the precise contingency prescribed by the testator for
that purpose.

6343. Death of devisee or legatee, before testator.

Sec 1343. If a devisee or legatee dies during the lifetime of the testator, the
testamentary disposition to him fails, unless an intention appears to substitute
some other in his place, except as provided in section thirteen hundred and ten.
[Amejidment, approved March ?>0, 1874; Amendmentsl^l^-4:, 234; took effect July 1,
1874.

6344. Interests in remainder are not affected.

Sec. 1344. The death of a devisee or legatee of a limited interest before the
testator's death does not defeat the interests of persons in remainder, who sur-
vive the testator.

6345. Conditional devises and bequests.

Sec. 1345. A conditional disj)osition is one which depends upon the occur-
rence of some uncertain event, by which it is either to take effect or be de-
feated.

6346. Condition precedent, what.

Sec 1346. A condition precedent in a will is one which is required to be ful-
filled before a particular disposition takes effect.

6347. Effect of condition precedoit.

Sec 1347. Where a testamentary disposition is made ui)on a condition pre-
cedent, nothing vests until the condition is fulfilled, except where such fulfill-
ment is impossible, in which case the disposition vests, unless the condition was
the sole motive thereof, and the impossibility was unknown to the testator, or
arose from an unavoidable event subsequent to the execution of the will.

6348. Conditions precedent, when deemed performed.

Sec 1348, A condition j)recedent in a will is to be deemed performed when

727

6348-6359 CIVIL CODE.

the testator's intention has been substantially, though not literally, complied
with.

6349. Conditions suhf^equent, what.

Sec. 1349. A couclition subsequent is where an estate or interest is so given
as to vest immediately, subject only to be divested hj some subsequent act or
event.

6350. Devisees, etc., fake as tenants in common.

Sec. 1350. A devise or legacy given to more than one person vests in them as
owners in common.

6351. Advancements, when ademptions.

Sec 1351. Advancements or gifts are not to be taken as ademptions of gen-
eral legacies, unless such intention is expressed by the testator in writing.

CHAPTER III.

GENERAL PEOVISIONS.

6357. Nature and designation of legacies.

Sec. 1357. Legacies are distinguished and designated, according to their
nature, as follows:

Specific.

1. A legacy of a particular thing, specified and distiuguished from all others
of the same kind belonging to the testator, is specific; if such legacy fails, resort
cannot be had to the other property of the testator.

Dejnonsfrative.

2. A legacy is demonstrative when the particular fund or personal property
is pointed out from which it is to be taken or paid; if such fund or property
fails, in whole or in part, resort may be had to the general assets, as in case of
a general legacy.

Annuities.

3. An annuity is a bequest of certain specified sums periodically; if the fund
or property out of which they are payable fails, resort may be had to the general
assets, as in case of a general legacy.

Besiduary.

4. A residuary legacy embraces only that which remains after all the bequests
of the will are discharged.

General.

5. All other legacies are general legacies.

6358. Propertij of intestate chargeable with debts.

Six'. 1358. When a person dies intestate, all his property, real and personal,
without any distinction between them, is chargeable with the payment of his
debts, except as otherwise provided in this code and the Code of Civil Proced-
ure. [Amendment, approved March 30, 1874; Amendments 1873-4, 234; look efect
July 1, 1874.^''>

6359. Order of resort to property for payment of debts.

Sec. 1359. The i>roperty of a testator, except as otherwise si:)ecially provided
for in this code, and the Code of Civil Procedure, must be resorted to .for the
payment of debts, in the following order:

(a) Orif^inal Hrotlon: of Ci^nl Proceflure, anfl fxeiiipt from exopution therein,

SKf; i:i.'>H. When a person dicK intestate, his property, in to Ije resorted to, iu tlie following order, in piiyiiient

except Huch iiHiH otherwise disposed of under this code, of debts: 1. Personal property; 2. Keal property] other

and under (Jbapter V, of Title XI, of Part III, of the Code than estates of freehold ; 3. EstateB of freehold.

728

WILLS. 6359-6365

1. The property wliicli is expressly appropriated Ly the Avill for the payment
of the debts;

2. Projierty not disposed of by the will;

3. Property which is devised or bequeathed to a residuary legatee:

4. Proj)erty which is not specifically devised or bequeathed; and,

5. All other property ratably. Before any debts are paid, the expenses of
the administration and the allowance to the family must be paid or provided
for. [Amendment, approved March 30, 1874; Amendments 1873-4, 234; took effect
July 1, 1874.^''>

6360. Order of resort to property for payment of legacies.

Sec. 13G0. The property of a testator, except as otherwise specially provided
in this code and the Code of Civil Procedure, must be resorted to for the pay-
ment of legacies, in the following order:

1. The property which is expressly appropriated by the will for the payment
of the legacies;

2. Property not disposed of by the will;

3. Proj)erty which is devised or bequeathed to a residuary legatee;

4. Property which is [not] specifically devised or bequeathed. [Amendment,
approved March 30, 1874; Amendments 1873-4, 235; took effect July 1, 1874.^"^

6361. Same.

Sec. 1361. Legacies to husband, widow, or kindred of any class, are charge-
able only after legacies to persons not related to the testator.

6362. Abatement.

Sec. 1362. Abatement takes place in any class only as between legacies of that
class, unless a different intention is expressed in the will.

6363. Specific devises and legacies.

Sec 1363. In a specific devise or legacy, the title j^asses by the will, but pos-
session can only be obtained from the personal representative; and he may be
authorized by the judge of the probate court to sell the property devised and
bequeathed, in the cases herein provided.

6364. Heir's conveyance good, unless ivill is proved within four years.

Sec 1364. The rights of a purchaser or incumbrancer of real property, in
good faith and for value, derived from any person claiming the same by succes-
sion, are not impaired by any devise made by the decedent from whom succes-
sion is claimed, unless the instrument containing such devise is duly proved as
a will, and recorded in the office of the clerk of the probate court having juris-
diction thereof, or unless written notice of such devise is filed with the clerk
of the county where the real property is situated, within four years after the
devisor's death.

6365. Possession of legatees.

Sec 1365. AVhere specific legacies are for life only, the first legatee must sign
and deliver to the second legatee, or, if there is none, to the personal represent-
ative, an inventory of the property, expressing that the same is in his custody
for life only, and that, on his decease, it is to be delivered and to remain to the

(a) Original section: fonowing property, ratably: real property, devised

Sec. 1S59. The property of a testator, with the excep- without being charged with debts or legacies, and

tion specified in the last section, is to be resorted to, in specific and demonstrative legacies ; 6. Personal prop-

the fpUowing order, for the payment of debts and lega- erty expressly exempted in the will,

cies: 1. Personal property,exceptiug such as is expressly (6) Original section:

exempted in the will; 2. Real property expressly devised Seo. 1S60. In the application of the personal property

to pay debts or legacies, where the personal property is of a decedent to the payment of debts, legacies must

exempted in the will, or where the personal property be charged in the following order, unless a different

•which is not exempted is insufacient; 3. Real property intention ig expressed in the will: 1. Residuary lega-

•which is not effectually devised; 4. Property, real or cies; 2. General legacies; 3. Legacies given tor a valu-

personal, charged with debts or legacies; but though able consideration, or for the relinquishment of some

real property is charged with the payment of legacies, right or interest; 4. Specific and demonstrative lega-

the personal property is not to be exonerated; 5. The cies.

729

6365-6377 CFV^IL CODE.

use and for tlie benefit of tlie second legatee, or to the personal reiDresentative,
as the case may be.

6366. Bequest of interest.

Sec. 13GG. In case of a bequest of the interest or income of a certain sum or
fund, the income accmes from the testator's death.

6367. Sathfadion of legacy.

Sec. 13G7. A legacy, or a gift in contemplation, fear or peril of death, may
be satisfied before death. [Amendment, approved March 30, 1874; Amendments
1873-4, 235; took efect July 1, 1874.<''>

6368. Legacies, xohen due.

Sec. 1308. Legacies are due and deliverable at the expiration of one 3'ear
after the testator's decease. Annuities commence at the testator's decease.

6369. Interest.

Sec 13G9. Legacies bear interest from the time when they are due and paya-
ble, except that legacies for maintenance, or to the testator's widow, bear inter-
est from the testator's decease.

6370. Construction of these rvles.

Sec 1370. The four preceding sections are in all cases to be controlled by a
testator's express intention.

6371. Executor according to the tenor.

Sec. 1371. Where it appears, by the terms of a will, that it was the intention
of the testator to commit the execution thereof and the administration of his
estate to any person as executor, such person, although not named executor,
is entitled to letters testamentary in like manner as if he had been named
executor.

6372. Poioer to ajjpoint is invalid.

Sec 1372. An authority to an executor to ajjpoint an executor is void.

6373. Executor not to act till qualified.

Sec. 1373. No person has any power, as an executor, until he qualifies, except
that, before letters have been issued, he may pay funeral charges and take
necessary measures for the preservation of the estate.

6374. Provisions as to reirjcations.

Sec 1374. The provisions of this title in relation to the revocation of wills
apply to all wills made by any testator living at the exj^iration of one year from
the time it takes efi'ect.

6375. Execution and constrnetion of prior xvills not affected.

Sec 1375. The provisions of this title do not impair the validity of the execu-
tion of any will made before it takes effect, or affect the consti-uction of any
such will,

6376. Lav) governing validity and interpretation,

Sj:c. 137G. The validity and interpretation of wills, wherever made, are gov-
erned, wlion relating to property within this state, by the laAV of this state.
{Amt'ndment, approved March 30, 1874; Amendments 1873-4, 235; took efect July
1, 1874.'*"

6377. Lialjilily of beneficiaries for testator's obligations.

Sec 1377. Those to whom property is given by will are liable for the obliga-
tions of the testator in the cases and to the extent proscribed by the Code of
Civil Procedure.

(a) Thf orl|?inal Heetion did not have the -words " be- and intcrprctntion of wills aro governed, when relating

fore death." to real property witliiii this 8tat^^ by the law of this

(h) Original section: state; when relating to personal property, by the law

Sec. 137 (J. KxceiJt as otherwise provided, the validity of the testator's domicile.

730

SUCCESSION. G383-6386

TITLE VII.

6383. Succession defined.

Skc. 1383. Succession is the coming- in of another to take the property of one
who dies without disposing of it by will.

6384. Succession to estates of intestate.

Sec. 1384. The property, Loth real and personal, of one who dies without
disposing of it by will, passes to the heirs of the intestate, subject to the control
of the probate court, and to the possession of any administrator apjDointed by
that court, for the purposes of administration. [Amendment, approved March
30, 1874; Amendments 1873-4, 236; took effect July 1, 1874."''

6385. [Sec. 1385^"' was repealed by act approved March 30, 1874; Amend-
ments 1873-4, 236; took effect July 1, 1874. J

6386. Succession to and distHhution of property.

Sec. 1386. When any person having title to any estate not otherwise limited
by marriage contract, dies without disposing of the estate by will, it is succeeded
to and must be distributed, unless otherwise expressly j^rovided in this code
and the Code of Civil Procedure, subject to the payment of his debts, in the
following manner :

1. If the decedent leave a surviving husband or wife, and only one child, or
the lawful issue of one child, in equal shares to the surviving husband, or wife
and child, or issue of such child. If the decedent leave a surviving husband
or wife, and more than one child living, or one child living, and the lawful
issue of one or more deceased children, one third to the surviving husband or
wife, and the remainder in equal shares to his children, and to the lawful issue
of any deceased child, by right of rejDresentation ; but if there be no child of
the decedent living at his death, the remainder goes to all of his lineal descend-
ants; and if all of the descendants are in the same degree of kindred to the
decedent, they share equally, otherwise they take according- to the right of
rei^'esentation. If the decedent leave no surviving husband or wife, but leave
issue, the whole estate goes to such issue, and if such issue consists of more
than one child living, or one child living, and the law^ful issue of one or more
deceased children, then the estate goes in equal shares to the children living,
or to the child living,, and the issue of the deceased child or children by right
of representation;

2. If the decedent leave no issue, [and] the estate goes in equal shares to the
surviving husband or wife, and to the decedent's father. If there be no father,
then one half goes in equal shares to the brothers and sisters of the decedent,
and to the children of any deceased brother or sister, by right of representation;
if he leave a mother also, she takes an equal share w'ith the brothers and sisters.
If decedent leave no issue, nor husband nor wife, the estate must go to his
father;

3. If there be no issue, nor husband, nor wife, nor father, then in equal
shares to the brothers and sisters of the decedent, and to the children of any

(a) Original section: cedure; and, 3. To distribute any remaininf; property

Sec. ]3si. The property, both real and personal, of among those entitled to succeed to the property of the

any one who dies without disposingof itby will, passes, decedent, according to the provisions of this title,

in the first instance, to the personal representative of (l>) liepealed section:

Buch person as trustee: 1. To make the provision for Seo 1o85. The personal rejiresentative of a decedent,

the surviving husband, or wife, or child, which is di- within the meaning of that phrase as used in the pre-

rected by Title XI, of Part III, of the Code of Civil ceding section, is the duly qualified and acting execu-

Procedure; 2. To apply the property to the paynnent of tor, administrator, or administrator with the wiU an-

the debts of the decedent, according to the title on nexed, of the estate of the decedent,
wills, and the provisions of the Code of Civil Pro-

731

C386-6388 CIYIL CODE.

deceased brotlier or sister, by right of representation; if a mother survive, she
takes an equal share with the brothers and sisters;

4. If the decedent leave no issue, nor husband, nor wife, nor father, and no
brother nor sister is living at the time of his death, the estate goes to his
mother, to the exclusion of the issue, if any, of deceased brothers or sisters;

5. If the decedent leave a surviving husband or Mdfe, and no issue, and no
father, nor mother, nor brother, nor sister, the whole estate goes to the surviv-
ing husband or wife;

6. If the decedent leave no issue, nor husband, nor wife, and no father, nor
mother, nor brother, nor sister, the estate must go to the next of kin, in equal
degree, exceiJting that when there are two or more collateral kindred, in equal
degree, but claiming through different ancestors, those Avho claimed through
the nearest ancestors must be preferred to those claiming through an ancestor
more remote. However:

7. If the decedent leave several children, or one child and the issue of one or
more children, and any such surviving child dies under age, and not having
been married, all the estate that came to the deceased child by inheritance from
such decedent, descends in equal shares to the other children of the same
jjarent, and to the issue of any such other children who are dead, by right of
rejDresentation;

8. If, at the death of such child, who dies under age, not having been mar-
ried, all the other children of his parents are also dead, and any of them have
left issue, the estate that came to such child by inheritance from his j^arents,
descends to the issue of all other children of the same parent; and if all the
issue are in the same degree of kindred to the child, they share the estate
equally; otherwise, they take according to the right of rej^resentation;

9. If the decedent leave no husband, wife, or kindred, the estate escheats to
the state, for the support of common schools. [Amendment, aj^i^roved March 30,
1874; Amendments 1873-4, 23G; took effect Julij 1, 1874.^^'

6387. lllefjltimate children to inherit in certain events.

Sec. 1387. Every illegitimate child is an heir of the person who, in writing,
signed in the presence of a competent witness, acknowledges himself to be the
father of such child; and in all cases is an heir of his mother; and inherits his
or her estate, in whole or in i:)art, as the case may be, in the same manner as if
he had been born in lawful wedlock; but he does not represent his father or
mother by inheriting any part of the estate of his or her kindred, either lineal
or collateral, unless, before his death, his parents shall have intermarried, and
his father, after such marriage, acknowledges him as his child, or adopts him
into his family; in which case such child and all the legitimate children are con-
sidered brothers and sisters, and on the death of either of them, intestate, and
without issue, the others inherit his estate, and are heirs, as hereinbefore pro-
vided, in like manner as if all the children had been legitimate; saving to the
father and mother, respectively, their rights in the estates of all the children in
like manner as if all had been legitimate. The issue of all marriages null in
law, or dissolved by divorce, are legitimate.

6338. The mother is successor to illegitimate child.

Six. 1388. If an illegitimate child, who has not been acknowledged or
ado^jted Ijy his father, dies intestate, without lawful issue, his estate goes to
his mother, or in case of her decease to her heirs at law.

(a) The original section did not liave in the first sen- surviving husband or xnfe, but leave issue." In the

tcn<-e the wurdK " unlewt otlii-rwine expreHwly provided second subdivision it did not have the reduudant

in this cod"' and the Code of Civil Procedure." In the "and." Iheori^tinal section throughout had tlieiudic-

flrst subdivision it did not have the last sentence com- ative " leaves " instead of the subjunctive " leave."
zuencing with the words, " if the decedent leave no

732

SUCCESSION". C389-C398

6389. Degrees of kindred hoiv computed.

Sec. 1389. The degree of kiudred is established by the number of gener-
ations, and each generation is called a degree.

6390. Direct and collatercd conHancjuinity.

Sec. 1390. The series of degrees forms the line; the series of degrees between
l^ersons who descend from one another is called direct or lineal consanguinity;
and the series of degrees between jjersons who do not descend from one
another, but spring from a common ancestor, is called the collateral line or
collateral consanguinity.

6391. Direct line descending , and direct line ascending.

Sec. 1391. The direct line isdiA-ided into a direct line descending and a direct
line ascending. The first is that which connects the ancestors w'ith those who
descend from him. The second is that which connects a person Avith those
from w^hom he descends.

6392. Degrees in direct line.

Sec. 1392. In the direct line there are as many degrees as there are genera-
tions. Thus, the son is, with regard to the father, in the first degree; the
grandson in the second; and vice versa with regard to the father and grandfather
toward the sons and grandsons.

6393. Degrees in collateral line.

Sec. 1393. In the collateral line the degi-ees are counted by generations, from
one of the relations up to the common ancestor, and from the common ancestor
to the other relations. In such computation the decedent is excludedj the rela-
tive included, and the ancestor counted but once. Thus, brothers are related
in the second degree; uncle and nephew in the third degree; cousins-german in
the fourth, and so on.

6394. Relatives of the half blood.

Sec. 1394. Kindred of the half blood inherit equally with those of the whole
blood in the same degree, unless the inheritance come to the intestate by
descent, devise, or gift of some of his ancestors, in which case all those who
are not of the blood of such ancestors must be excluded from such inheritance.

6395. Advancements constitute part of distrihidive share.

Sec. 1395. Any estate, real or personal, given by the decedent in his lifetime,
as an advancement to any child, or other lineal descendant, is a part of the
estate of the decedent for the purposes of division and distribution thereof
among his issue, and must be taken by such child, or other lineal descendant,
toward his share of the estate of the decedent.

6396. Advancements, when too much, or not enough.

Sec. 139G. If the amount of such advancement exceeds the share of the heir
receiving the same, he must be excluded from any further portion in the di^dsion
and distribution of the estate, but he must not be required to refund any part
of such advancement; and if the amount so received is less than his share, he
is entitled to so much more as will give him his full share of the estate of the
decedent.

6397. What are advancements.

Sec. 1397. All gifts and grants are made as advancements, if expressed in
the gift or grant to be so made, or if charged in writing by the decedent as an
advancement, or acknow^ledged in writing as such, by the child or other suc-
cessor or heir.

6398. Valae of advancements, how determined.

Sec. 1398. If the value of the estate so advanced is expressed in the con-
veyance, or in the charge thereof made by the decedent, or in the acknowledg-

733

6398-6405 CIVIL CODE.

ment of the parh' receiving- it, it must be held as of that value in the division
and distribution of the estate; otherwise, it must be estimated according to its
value when given, as nearly as the same can be ascertained.
0399. When heir, advanced to, dies before decedent.

Sec. 1399. If any child, or other lineal descendant receiving advancement,
dies before the decedent, leaving issue, the advancement must be taken into
consideration in the division and distribution of the estate, and the amount
thereof must be allowed accordingly by the representatives of the heirs receiv-
ing the advancement, in like manner as if the advancement had been made
dii-ectly to them.

6400. Inheritance of husband and wife from each other.

Sec. liUO. The provisions of the preceding sections of this title, as to the
inheritance of the husband and wife from each other, apply only to the separate
proj^erty of the decedents.

6401. CommiLnity property, on death ofxmfe.

Sec. 1401. Upon the death of the wife, the entire community property, with-
out administration, belongs to the surviving husband, except such jDortion
thereof as may have been set apart to her by judicial decree, for her support
and maintenance, which portion is subject to her testamentary disposition, and
in the absence of such disposition, goes to her descendants, or heirs, exclusive
of her husband. [Amendment, approved March 30, 1874; Amendments 1873-4,
238; too/c effect July 1, 1874.^^>

6402. Distribution of common property on death of the husband.

Sec. 1402. Upon the death of the husband, one half of the community
property goes to the surviving wife, and the other half is subject to the testa-
mentary disposition of the husband, and in the absence of such disposition,
goes to his descendants, equall}', if such descendants are in the same degree of
kindred to the decedent; otherwise, according to the right of representation;
and in the absence of both such disposition and such descendants, is subject to
distribution in the same manner as the separate property of the husband. In
case of the dissolution of the community by the death of the husband, the
entire community jDroperty is equally subject to his debts, the family allowance,
and the charges and expenses of administration.

6403. lidieritance by representation.

Sec. 1403. Inheritance or succession "by right of representation" takes
place when the descendants of any deceased heir take the same share or right
in the estate of another person that their parents would l)ave taken if living.
Posthumous children are considered as living at the death of their parents.

6404. Alienn may inherit, ivhen, and how.

Sec. 1404. Resident aliens may take in all cases by succession as citizens;
and no person capable of succeeding under the provisions of this title is pre-
cluded from such succession by reason of the alienage of any relative; but no
non-resident foreigner can take by succession unless he appears and claims
^uch succession within five years after the death of the decedent to whom he
claims succession.

6405. When auccesaion not claimed property to be ^old, and proceeds deposited.
Sec. 1405, When succession is not claimed as iirovidcd in the joreceding sec-
tion, the di.strict court, on information, must direct the attorney-general to

(«) Original Bcotlon: Beparnte and apart from her, the hnlf iif tliP community

Sec. ItOi rpon the; dc-ith of the wife, the f-ntire property, subject to the paynieut of the ilebts c liiir^'e-

couiiiiuiiity prujierty, witln'iit ndininistration, belontjB aljle to it, is at her tcKtamentary disposition, and in the

to the Biin'iviuli liuKbaiid, if lie hli;ill not have aban- absence of such dispofiition goes to her descendants or

doned and lived separate Bn<l apart from her; but if tlie heirs at law, exclusive of her husband,
buiibund shall have abuodoned his wife, and lived

734

WATEE EIGHTS. G405-6415

reduce the property to Lis or tlie possession of the state, or to cause the same
to be sold, and the same or the proceeds thereof to be deposited in the state
treasury for the benefit of such non-resident foreigner, or his legal represent-
ative, to be paid to him whenever, within five years after such de[)Osit, proof
to tlie satisfaction of the state controller and treasurer is produced that he is
entitled to succeed thereto.

6406. When the properly and estate escheat to the state.

Sec. 140G. When so claimed, the evidence and the joint order of the con-
troller and treasurer must be filed by the treasurer as his voucher, and the
property delivered or the proceeds paid to the claimant on filing his receipt
therefor. If no one succeeds to the estate or the proceeds, as herein jDrovided,
the property of the decedent devolves and escheats to the people of the state,
and is placed by the state treasurer to the credit of the school fund.

6407. Property escheated subject to charges as other property.

Sec. 1407. Eeal property passing to the state under the last section, whether
held by the state or its officers, is subject to the same charges and trusts to
which it would have been subject if it had passed by succession, and is also
subject to all the provisions of Title VIII, Part III, of the Code of Civil
Procedure. [See post, 11,269.]

6408. Successor liable for decedent's obligations .

Sec. 1408. Those who succeed to the property of a decedent are liable for his
obligations in the cases and to the extent prescribed by the Code of Civil
Procedure.

TITLE YIIL

6410. Eights to xoater may he acquired by appropriation.

Sec. 1410. The right to the use of running water flowing in a river or stream
or down a canon or ravine may be acquired by appropriation.

6411. Appropriation must be for a useful purpose.

Sec. 1411. The appropriation must be for some useful or beneficial purpose,
and when the appropriator or his successor in interest ceases to use.it for such
a purpose, the right ceases.

6412. Point of diversion may he changed.

Sec. 1412. The person entitled to the use may change the place of diversion,
if others are not iijjured by such change, and may extend the ditch, flume, pipe,
or aqueduct by which the diversion is made to places beyond that where the
first use was made. t

6413. Water may he turned into natural channels.

Sec. 1413. The water appropriated may be turned into the channel of another
stream and mingled with its water, and then reclaimed; but in reclaiming it
the water already appropriated by another must not be diminished.

6414. First in time, first in right.

Sec 1414. As between appropriators, the one first in time is the first in
right.

6415. Notice of appropriation.

Sec. 1415. A person desiring to appropriate water must post a notice, in
writing, in a conspicuous place at the point of intended diversion, stating
therein ;

735

6415-G422 CIVIL CODE.

1. That lie claims tlie water there flowing to the extent of (giving the number)
inches, measured under a four-inch pressure;

2. The purposes for which he claims it, and the place of intended use;

3. The means by which he intends to divert it, and the size of the flume,
ditch, pipe, or aqueduct in which he intends to divert it.

A copy of the notice must, within ten days after it is jDosted, be recorded in
the oftice of the recorder of the county in which it is posted.

6416. Dilifjcnre in appropriating.

Sec 1410. Within sixty days after the notice is posted, the claimant must
commence the excavation or construction of the works in which he intends to
divert the water, and must prosecute the work diligentl}' and uninterruptedly
to completion, unless temjDorarily interrupted by snow or rain.

6417. Completion defined.

Skc. 1417. By "completion" is meant conducting the w^aters to the place of
intended use.

6418. Doctrine of relation applied.

Sec. 1418. By a compliance with the above rules the claimant's right to the
use of the water relates back to the time the notice was posted.

6419. Forfeiture.

Sec. 1419. A failure to comply with such rules deprives the claimants of the
right to the use of the water as against a subsequent claimant who complies
therewith.

6420. Eights of present claimant.

Sec 1420. Persons who have heretofore claimed the right to water, and who
have not constructed works in which to divert it, and who have not diverted
nor api^lied it to some useful purjoose, must, after this title takes effect, and
within twenty days thereafter, proceed as in this title provided, or their right
ceases.

6421. Recorder to keep hook in ivhich to record notices.

Sec 1421. The recorder of each county must keep a book, in which he must
record the notices provided for in this title.

6422. T/a's title not to affect rights of riparian proprietors.

Sec 1422, The rights of riparian proprietors are not affected by the pro-
visions of this title.

An Act to promote irrigation.

Approved April 1, 1872; 1871-2. 945.

Petition to supervisors.

Section 1. Whenever the owners of any body of lands susceptible of one
mode of in'igatiou or drainage desire to irrigate or drain the same, they may
present to the board of supervisors of the county in which the lands or the
greater portion thereof are situated, at a regular meeting of the board, a petition
setting forth that they desire to adopt measures to irrigate the same, the descrip-
tion of the lands by legal subdivisions, the number of acres in the whole district,
and the number of acres in each tract, with the names of the owners thereof and
the names of three persons who may desii-e to serve as trustees for the first three
months.

Puhlicatvni.

Sec. 2. The petition must be verified by the affidavit of one of the petition-
ers, and must be published for four Aveeks next preceding the hearing thereof,
in some newspaper published in the county in which the lands are situated; or,

73G

WATER RIGHTS. G422

if there is no newspaper piiblislied in the county, then it must be published in
some newspaper having a general circulation in the county, and an affidavit of
publication must be filed with such petition.

Distriv/s. •

Sec. 3. When a district is situated partly in different counties, the trustees
must, after the petition has been granted, forward a copy thereof to the clerk
of the board of supervisors of each of the counties in which any portion of the
district may lie, and the board to which the same is forwarded must not allow
another district to be formed within such district unless with the consent of the
trustees thereof.

Approval of petition — Trustees.

Sec. 4. If the board of supervisors find upon the hearing of the petition that
the statements are correct, and that no land is improperly included or excej)ted
from the district, they must note their ajiproval on the jietition, which apjjroval
must be signed by the president and attested by the clerk; and from and after
the approval the district is duly formed, and the persons named in the petition
are the trustees for the first three months, and until their successors are ap-
pointed.

Becord.

Sec 5. The petition must then be recorded by the county recorder in a book
kept for the purpose.

By-laivs.

Sec. 6. After the approval of the petition, the petitioners may make such
by-laws as they deem necessary for future appointment of trustees and to
effect the works of irrigation or drainage, keep the same in repair and oj)era-
tion, and for the control and management thereof, by the votes or consent of a
majority of the owners of the lands within their districts.

Becord of by-laws.

Sec 7. The by-laws adoj^ted must be signed by persons owning a majority
of the land within the district, and must be recorded by the county recorder in
the same book and immediately following the j^etition.

Powers of trustees.

Sec. 8. The board thus formed have power to elect one of their number pres-
ident thereof, and to employ engineers to survey, plan, locate and estimate the
cost of the works necessary for the irrigation, the water rights needed, and the
land needed for right of way, including drains, canals, sluices, water gates, em-
bankments, and material for construction, and to construct, maintain and keep
in repair all works necessary to the object in view.

Beports.

Sec 9. The board of trustees must rej^ort to the board of sujoervisors of the
county, or if the district is in more than one county then to the board of suijer-
visors of each county in which the district is situated, the plans of the work and
estimates of the costs, together with estimates of the incidental expenses of
superintendence, repairs, etc.

Assessments for benefits.

Sec 10. The board by Avhich the district was formed must ajojDoint three
commissioners, disinterested persons, resident of the county in which the dis-
trict or some part thereof is situated, and must view and assess upon the lands
situated within the district a charge proportionate to the whole expense and to
the benefits which will result from such works, which charge must be collected
and paid into the county treasury as hereinafter provided, and must be placed
47 737

6422 CIVIL CODE.

by the treasurer to the credit of the district, and paid out for the work of
irrio-atiou or drainage upon the Avarrants of the trustees, approved by the board
of supervisors of the county.

Warraiifs. •

Sec. 11. The warrants drawn by the tnistees must, after they are approved
by the board of supervisors, be presented to the treasurer of the county, and,
if they are not paid on presentation, like indorsement must be made thereon,
and they must be registered in like manner as county warrants.

Payments where district in two counties.

Sec. 12. If a district is situated partly in different counties, the charge must
be paid into the treasury of the county in which the jDarticular tract may be
situated.

Further assessments.

Sec. 13. If the original assessment is insufficient to provide for the complete
irri'-'atiou or draiuage of the lands of the district, or if fui'ther assessments are
from time to time required to provide for the protection, maintenance, and repair
of the works, the trustees must present to the board of supervisors by which
the district was formed a statement of the work to be done and its estimated
cost and the board must make an order directing the commissioners who made
the oii'nnal assessment, or other commissioners to be named in such order, to
assess the amount of such estimated cost as a charge upon the lands within the
district, which assessment must be made and collected in the same manner as
the original assessment.

List of charges assessed.

Sec 14. The commissioners appointed by the board of super-visors must make
a list of the charges assessed against each tract of laud.

List, ichat to contain.

Sec. 15. The list must contain:

1. A description, by legal subdivisions or natural boundaries, of each tract
assessed;

2. The number of acres in each tract;

3. The names of the owners of each tract, if known, and if unknown, tha

fact;

4. The amount of the charge assessed against each tract.

List to Ijefded xoith treasurer.

Sec 1G. The list so made must be filed with the county treasurer of the
county, or if the district is partly situated in different counties, then the original
list njust be filed in the county first in order under alphabetical arrangement,
and copies thereof, certified by the commissioner, must be filed with the treas-
urer of each of the other counties.

Charges, when constitute liens.

Sec 17. From and after the filing of the list, or certified copy thereof, the
charges assessed u^jon any tract of land within the county constitutes a lien
thereon.

Payments.

Sec 1H. The lists thus prepared must remain in the office of the treasurer
for tliirty days, or longer if ordered by the board of trustees, and during the
time they so remain any jiersou may pay the amount of the charge against any
tract to tlie treasurer, witliout cost.

Action to collect charges.

Sec. ly. If, at the end of thirty days, or of the longer time fixed by the

738

WATER RIGHTS. G422

trustees, all of the charges have not been paid, the troasurer nmst return tho
lists to the district attorney, who must at once ]>rocc«'d ],\ ,-\\\\ !i<-ti<>n to mlh-ct
such charges.
Work.

Sec. 20. The work must be executed under the direction and in the inaniH-r
prescribed b}^ the board of trustees.

Accounts.

Sec. 21. The board must keep accurate accounts of all ex])Oiiditurf"s, wliidi
accounts, and all contracts that may be made by them, are open to the inspec-
tion of the board of supervisors, and every person interested.
Property may be acquired.

Sec. 21. The trustees may acquire, by purchase, all property necesKary to
caiTy out and maintain the system of irrigation or drainage provided for.
Condemnation.

Sec. 22. The trustees may acquire by condemnation:

1. The right to the use of any running Avater not already used for culinary
or domestic purposes, or for irrigating, milling, or mining puri)oses;

2. The right of way for canals, drains, embankments, and other work neco.s-
Bary, and may take materials for the construction, maintenance, and repair
thereof, from lands outside of as well as within the limits of the district.

Pi^actice.

Sec. 23. The provisions of Title VII, Part III, of the Code of Civil Procedure
are applicable to, and the condemnation herein provided for must be made
thereunder.

Irrigation or drainage by individual owners.

Sec 24. "Whenever any district susceptible of one mode of irrigation or drain-
age is entirely owned by parties who desire to irrigate or drain the same, and to
manage the irrigation or drainage without the intervention of trustees or tlie
establishment of by-laws, they may file the petition j^rovided for in sections
one and two, and must state therein that the}^ intend to undertake the irrigation
or drainage on their own responsibility.

Privileges of owners.

Sec. 25. If the petition is granted, the owners of the lands have all the rights,
immunities, and privileges granted to boards of trustees, and in all proceedings
the names of the owners may be used instead of the names of trustees.

Not applicable to certain counties.

1 Sec 26. This act shall not be so construed as applying to the counties of

I Fresno, Kern, Tulare, and Yolo.

Sec 27. This act, and the provisions of the title of the Code of Civil Pro-
cedure herein referred to, so far as proceedings under this act are to be had,
shall be in force from and after the passage of this act.

739

6427-6428 CIVIL CODE.

DIVISION THIRD.

Part I. OBLIGATIONS IN GENERAL 6427

11. CONTRACTS 6549

III. OBLIGATIONS IMPOSED BY LAW 6708

IV. OBLIGATIONS ARISING FROM PARTICULAR TRANS-

ACTIONS 6721

I>A.IIT I.

OBLIGATIONS IN GENERAL.

Title I. Definition of Obligations 6427

II. Interpretation of Obligations 6429

III. Transfer op Obligations 6457

IV. Extinction of Obligations 6473

TITLE I.

definition of (Dblioation^.

6427. Ohligalion, what.

Sec. 1427. An obligation is a legal duty, by "wbicli a person is bound to do or
not to do a ceiiain thing.

6428. How created and enforced.

Sec. 1428. An obligation arises either from : 1. The contract of the parties;
or, 2. The operation of law.

An obligation arising from oj^eration of law, may be enforced in the manner
provided by law, or by civil action or proceeding. [Amendment, approved 3Iarch
30, 1874; Amendments 1873-4, 239; took effect July 1, 1874.^"'

TITLE IL

Intrrprctotion of (Oblioation^.

Chapter I. General Rules of Interpretation 6429

II. Joint or Several Obligations 6430

III. CONLITIONAL OBLIGATIONS 6434

IV. Alternative Obligations 6448

(a) The original Bection did tot have the laBt eentence commenciug, " an obligation aribing from operation
of law."

740

OBLIGATIONS. 6429-6439

CHAPTER I.

GENERAL RULES OF INTERPRETATION.

6429. General rules.

Sec. 1429. The rules which govern the interpretation of contracts are pre-
scribed by Part II of this Division. Other obligations are interpreted by the
same rules by which statutes of a similar nature are interpreted.

CHAPTER II.

JOINT OR SEVERAL OBLIGATIONS.

6430. Obligations, joint or several, etc.

Sec. 1430. An obligation imposed upon several persons, or a right created
in favor of several persons, may be :

1. Joint;

2. Several; or,

3. Joint and several.

6431. When joint.

Sec. 1431. An obligation imposed upon several persons, or a right created in
favor of several persons, is presumed to be joint, and not several, except in the
special cases mentioned in the title on the interpretation of contracts. This
j)resumption, in the case of a right, can be overcome only by express words to
the contrary.

6432. Contribution between joint parties.

Sec. 1432. A j)arty to a joint, or joint and several obligation, who satisfies
more than his share of the claim against all, may require a proportionate
contribution from all the parties joined with him.

CHAPTER III.

CONDITIONAL OBLIGATIONS.

6434. Obligation, when conditional.

Sec. 1434. An obligation is conditional, when the rights or duties of any
party thereto depend upon the occurrence of an uncertain event.

6435. Conditions, kinds of.

Sec. 1435. Conditions may be precedent, concurrent, or subsequent.

6436. Conditions precedent.

Sec. 1436. A condition precedent is one which is to be performed before
some right dependent thereon accrues, or some act dependent thereon is per-
formed.

6437. Conditions concurrent.

Sec. 1437. Conditions concurrent are those which are mutually dependent,
and are to be performed at the same time.

6438. Conditions subsequent.

Sec. 1438. A condition subsequent is one referring to a future event, upon
the happening of which the obligation becomes no longer binding uj^on the
other party, if he chooses to avail himself of the condition.

6439. Per-formance, etc., of conditions , when essential.

Sec. 1439. Before any party to an obligation can require another party to
perform any act under it, he must fulfill all conditions precedent thereto im-
posed upon himself; and must be able and offer to fulfill all conditions con-
current so imposed upon him on the like fulfillment by the other pai'ty, except
as provided by the next section.

741

Ci40-6459 CIVIL CODE.

6440. When performance, etc., excnsed.

Sec. 1440. If a i^arty to an obligation gives notice to another, before the
latter is in default, that he will not perform the same upon his part, and does
not retract such notice before the time at which performance upon his part is
due, such other party is entitled to enforce the obligation without previously
performing or offering to perform any conditions upon his part in favor of the
fonner party.

6441. Impossible or unlaicful conditions void.

Sec 1441. A condition is a contract, the fulfillment of which is impossible
or unlawful Avithin the meaning of the article on the object of contracts,
or which is repugnant to the nature of the interest created by the contract, is
void.

6442. Conditions involving forfeiture, how construed.

Sec. 1442. A condition involving a forfeiture must be strictly interpreted
against the party for whose benefit it is created.

CHAPTER IV.

ALTEKNATIVE OBLIGATIONS.

6448. Who has the right of selection.

Sec. 1448. If an obligation requires the performance of one of two acts, in
the alternative, the party required to perform has the right of selection, unless
it is otherwise provided by the terms of the obligation.

6449. Bight of selection, how lost.

Sec. 1449. If the party having the right of selection between alternative acts
does not give notice of his selection to the other party within the time, if any,
fixed by the obligation for that purpose, or, if none is so fixed, before the time
at which the obligation oiight to be jDerformed, the right of selection passes to
the other party.

6450. Alternatives indivisible.

Sec 1450. The party having the right of selection betAveen alternative acts
must select one of them in its entirety, and cannot select part of one and part
of another without the consent of the other party.

6451. Nullity of one of alternative obligalioiis.

Sec 1451. If one of the alternative acts required by an obligation is such as
the law will not enforce, or becomes unlawful, or imj^ossible of performance,
the obligation is to be interpreted as though the other stood alone.

TITLE III.

6457. Burden of oIAigation not transferable.

Sec 1457. The burden of an obligation may be transferred with the consent
of the paiiy entitled to its benefit, but not otherwise, except as provided by
Hoctiun 1400.

6458. Bights arising out (f obligation transferable.

Sec 1458. A right arising out of an obligation is the propei'ty of the person
to whom it is due, and may be transferred as such.

6459. Kon-negotiabh instruments may be transferred .

Skc. 1459. A non-negotiable wx'itten contract for the payment of money or

742

OBLIGATIONS. 6459-G467

personal property may be transferred by indorsement, in like manner with
negotiable instruments. Such indorsement shall transfer all the rights of tl>e
assignor under the instrument to the assignee, subject to all equities and defenses
existing in favor of the maker at the time of the indorsement.

6460. Covenants running ivith land, what.

Sec. 1460. Certain covenants, contained in grants of estates in real property,
are appurtenant to such estates, and pass with them, so as to bind the assigns
of thecovenantor and to vest in the assigns of the covenantee, in the same man-
ner as if they had personally entered into them. Such covenants are said to run
with the land.

6461. Wiiat covenants run loith land.

Sec. 1461. The only covenants which run with the land are those specified in
this title, and those which are incidental thereto.

6462. Same.

Sec. 1462. Every covenant contained in a grant of an estate in real property,
which is made for the direct benefit of the property, or some part of it then in
existence, runs with the land.

6463. Same.

Sec. 1463. The last section includes covenants "of warranty," "for quiet en-
joyment," or for further assurance on the part of a grantor, and covenants for
the jDaymeut of rent, or of taxes or assessments upon the land, on the part of
a grantee.

6464. What coveyianis run tvith land wlien assigns are named.

Sec. 1464. A covenant for the addition of some new thing to real property,
or for the direct benefit of some part of the property not then in existence or
annexed thereto, when contained in a grant of an estate in such property, and
made by the covenantor expressly for his assigns or to the assigns of the cove-
nantee, runs with land so far only as the assigns thus mentioned are concerned.

6465. Wlio are hound by covenants.

Sec. 1465. A covenant running with the land binds those only who acquire
the whole estate of the covenantor in some part of the property.

6466. Who are not.

Sec. 1466. No one, merely by reason of having acquired an estate subject to
a covenant running with the land, is liable for a breach of the covenant before
he acquired the estate, or after he has parted with it or ceased to enjoy its
benefits.

6467. Apportionment of covenants.

Sec. 1467. "Where several persons, holding by several titles, are subject to the
burden or entitled to the benefit of a covenant running with the land, it must
be apportioned among them according to the value of the property subject to
it held by them respectively, if such value can be ascertained, and if not, then
according to their respective interests in point of quantity.

TITLE lY.

Citinctiou of (Olilioatiou^.

Chapter I. Performance , 64 ( 3

II. Offer of Performance 6485

III. Prevention of Performance or Offer 6511

IV. Accord and Satisfaction G521

V. Novation ^^"^^

YI. Release 6541

743

6473-6479 CIVIL CODE.

CHAPTEK I.

PERFOEMANCE.

6473. Obligation extinguished by performance.

Sec. 1473. Full perfoi-mance of an obligation by the party whose duty it is
to perform it, or by any other person on his behalf, and with his assent, if
accei^ted by the creditor, extinguishes it.

6474. Performance by one of several joint debtors.

Sec. 1474. Performance of an obligation, by one of several persons who are
jointly liable under it, extinguishes the liability of all.

6475. rerformance to one of joint creditors.

Sec. 1475. An obligation in favor of several persons is extinguished by jjer-
formance rendered to any of them, except in the case of a deposit made by
owners in common, or in joint ownership, which is regulated by the title on
deposit.

6476. Effect of directions by creditors.

Sec. 147G. If a creditor, or any one of two or more joint creditors, at any
time directs the debtor to perform his obligation in a particular manner, the
obligation is extinguished by performance in that manner, even though the
creditor does not receive the benefit of such performance.

6477. Partial performance.

Sec 1477. A partial performance of an indivisible obligation extinguishes a
corresponding proportion thereof, if the benefit of such performance is volun-
tarily retained by the creditor, but not otherwise. If such partial performance
is of such a nature that the creditor cannot avoid retaining it without injuring
his own propei'ty, his retention thereof is not presumed to be voluntary.

6478. Payment, what.

Sec 1478. Performance of an obligation for the delivery of money only, is
called paj'ment.

6479. Application of act by rvay of performance or extinctions of obligation.

Sec 1479. Where a debtor, under several obligations to another, does an act,
by way of performance, in whole or in part, which is ecpially a2:)plicable to two
or more of such obligations, such j^erformance must be api^lied as follows:

1 . If, at the time of performance, the intention or desire of the debtor that
such performance should be ai:)plied to the extinction of any particular obliga-
tion, be manifested to the creditor, it must be so applied;

2. If no such application be then made, the creditor, within a reasonable
time after such performance, may apply it toward the extinction of any obliga-
tion, performance of wliich was due to him from the debtor at the time of such
perfurniance; except that if similar obligations were due to him, both individu-
ally and as a trustee, he must, unless otherwise directed by the debtor, apply
the performance to the extinction of all such obligations in equal proportion;
and an ai)2)lication once made by the creditor cannot be rescinded without the
consent of the debtor;

3. If noitlior party makes sucli ai:)plication within the time prescrilicd herein,
the perforniaijce must be applied to the extinction of obligations in the follow-
ing order; and, if there be more than one obligation of a particular class, to
the extinction of all in that class ratably:

1. Of interest due at the time of the performance;

2. Of principal due at that time;

3. Of the obligation earliest in date of maturity;

744

OBLIGATIONS. G479-6492

4, Of an obligation not secured by a lien or collateral undertaking;

5. Of an obligation secured by a lien or collateral undertaking. [Amendment,
approved March 30, 1874; Amendments 1^1^-4., 239; look efectJabj 1, 1874/''

CHAPTER II.

OFFER OF PERFORMANCE.

6485. Obligation extinguished by offer of performance.

Sec. 1485. An obligation is extinguished by an offer of jjerformance, made in
conformity to the rules herein j^i'escribed, and with intent to extinguish the
obligation.

6486. Offer of partial performance.

Sec. 1486. An offer of partial j)erformance is of no effect.

6487. By tohom to be made.

Sec. 1487. An offer of performance must be made by the debtor, or by some
person on his behalf and with his assent.

6488. Offer of performance to xvhom, and lohere to be made.

Sec. 1488. An offer of performance must be made to the creditor, or to any
one of two or more joint creditors, or to a person authorized by one or more of
them to receive or collect what is due under the obligation, if such creditor or
authorized person is present at the place where the offer may be made; and, if
not, wherever the creditor may be found. [Amendment, approved March 30,
1874; Amendments 1873-4, 240; took effect July 1, 1874.^"'

6489. Where offer may be made.

Sec. 1489. In the absence of an express provision to the contrary, an offer of
performance may be made, at the option of the debtor:

1. At any place appointed by the creditor; or,

2. "Wherever the person to whom the offer ought to be made can be found; or,

3. If such person cannot, with reasonable diligence, be found within this
state, and within a reasonable distance from his residence or place of business,
or if he evades the debtor, then at his residence or place of business, if the same
can, with reasonable diligence, be found within the state; or,

4. If this cannot be done, then at any place within this state.

6490. When offset must be made.

Sec. 1490. Where an obligation fixes a time for its performance, an offer of
performance must be made at that time, within reasonable hom-s, and not before
nor afterwards.

6491. Same.

Sec 1491. Where an obligation does not fix the time for its performance, an*
offer of performance may be made at any time before the debtor, upon a reason-
able demand, has refused to perform.

6492. Compensation after delay in performance.

Sec 1492. Where delay in performance is capable of exact and entire com-
pensation, and time has not been expressly declared to be of the essence of the
obligation, an offer of performance, accompanied with an offer of such com-
pensation, may be made at any time after it is due, but without prejudice to
any rights acquired by the creditor, or by any other person, in the meantime.

(a) The original section did not have the words " in lateral undertaking; i. Of interest; 5. Of the obliga-

■whole or in part." and instead of the subjunctive tion earliest in date of maturity; 6. Of the obligation

"must be" it had the indicative "is." The order of which it is most for the interest of the debtor to ex.

api)lieatiou, provided for under the third subdivision, tinguish.

was as follows: {'') The original section, instead of the concluding

1. Of an obligation due at the time of performance; clause " wherever the creditor may be found," had the

2. Of an obligation not voidable at the option of the words " then to a notarj- public."
debtor; 3. Of an obligation secui-ed by a lien or col-

745

6493-6504 CIYIL CODE.

6493. Ojfer io he made in good faith.

Sec. 1493. Au oifer of performance must be made in good faith, and in sucli
manner as is most likeh', under the circumstances, to benefit the creditor.

6494. Conditional offer.

Sec. 1494. An offer of pei'formance must be free from any conditions which
the creditor is not bound, on his part, to perform.

6495. Ability and tvillingness essential.

Sec. 1495. An offer of i:)erformance is of no effect if the person making it is
not able and willing to perform according to the offer.

6496. Production of thing io he delivered not necessary.

Sec. 1496. The thing to be delivered, if any, need not in any case be actually
produced, ujDon an offer of j)erformance, unless the offer is accepted.

6497. Thing offered to he kej)t separate.

Sec. 1497. A thing, when offered by way of performance, must not be mixed
witli other things from which it cannot be separated immediately and without
difficulty.

6498. Performance of condition j^recedent.

Sec. 1498. When a debtor is entitled to the performance of a condition pre-
cedent to, or concuiTent with, performance on his part, he may make his offer
to depend upon the due performance of such condition.

6499. W7-itten receipts.

Sec. 1499. A debtor has a right to require from his creditor a written receijDt
for any i:)roperty delivered in performance of his obligation.

6500. Extinction of pecuniary ohligaiion.

Sec. 1500. An obligation for the payment of money is extinguished by a due
offer of payment, if the amount is immediately deposited in the name of the
creditor, in some bank of deposit within this state, of good rej)ute, and notice
thereof is given to the creditor.

6501. Objections io mode of offer.

Sec. 1501. All objections to the mode of an offer of performance, which the
creditor has an opportunity to state at the time to the person making the offer,
and which could be then obviated by him, are waived by the creditor, if not
then stated.

6502. Title to thing offered.

Sec. 1502. The title to a thing duly offered in jierformance of an obligation
passes to the creditor, if the debtor at the time signifies his intention to that
effect.

6503. Custody of thing offered.

Sec 1503. The person offering a thing, other than money, by way of per-
formance, must, if he means to treat it as belonging to the creditor, retain it as
a depositary for hire, until the creditor accepts it, or until he has given reason-
able notice to the creditor that he will retain it no longer, and, if with reason-
able diligence he can find a suitable depositary therefor, until he has deposited
it with such person.

6504. Effect of offer on accessories of obligation.

Sec 1504. An offer of payment or other performance, duly made, though tlie
title to the thing offered be not transferred to the creditor, stops the running of
interest on tlie obligation, and has the same effect upon all its incidents as a
performance thereof.

746

OBLIGATIONS. 6505-6521

6505. Creditor's retention of thing ichich he refuses to accept.

Sec. 1505. If anything is given to a creditor by way of perfonnance, which
he refuses to accept as such, he is not bound to return it without demand; but
if he retains it, he is a gratuitous depositary thereof.

CHAPTEK III.

PREVENTION OF PEKFORMANCE OR OFFER.

6511. What excuses performance, etc.

Sec. 1511. The want of performance of an obligation, or of an offer of per-
formance, in whole or in j^art, or any delay therein, is excused by the fpllowing
causes, to the extent to which they operate :

1. AVhen such performance or offer is 2:)revented or delayed by the act of the
creditor, or by the operation of law, even though there may have been a stipu-
lation that this shall not be an excuse;

2. When it is jDrevented or delayed by an irresistible, superhuman cause, or
by the act of jjublic enemies of this state or of the United States, unless the
parties have expressly agreed to the contrary'; or,

3. "When the debtor is induced not to make it, by any act of the creditor in-
tended or naturally tending to have that effect, done at or before the time at
which such performance or offer may be made, and not rescinded before that
time.

6512. Performance xohen prevented by creditor.

Sec. 1512. If the j)erformance of an obligation be prevented by the creditor,
the debtor is entitled to all the benefits which he would have obtained if it had
been j^erformed by both parties. [Amendment, approved March 30, 1874; Amend-
ments 1873-4, 240; took effect Julxj 1, 1874.<*^

6513. [Sec. 1513*''' was repealed by act approved March 30, 1874; Amend-
ments 1873-4, 240; took effect July 1, 1874.]

6514. Same.

Sec. 1514. If the performance of an obligation is prevented by any cause
excusing performance, other than the act of the creditor, the debtor is entitled
to a ratable proportion of the consideration to which he would have been
entitled upon full performance, according to the benefit which the creditor
receives from the actual performance.

6515. Effect of refusal to accept performance before offer.

Sec. 1515. A refusal by a creditor to accept performance, made before an
offer thereof, is equivalent to an offer and refusal, unless, before performance
is actually due, he gives notice to the debtor of his willingness to accept it.

CHAPTER IV.

ACCORD AND SATISFACTION.
6521. Accord, what.

Sec. 1521. An accord is an agreement to accept, in extinction of an obligation,
something different from or less than that to which the person agreeing to
accept is entitled. [Amendment, approved March 30, 1874; Amendments 1873-4,
240; took effect July 1, 1874."=^

(a) Tlie original section, instead of " if it had been retain whatever he has received under the contract,

performed by both parties," had the words " by its per- but he is entitled to nothing more.

formance on both sides." (c) The original section, instead of " something dif-

(6) Repealed section: ferent from or less than that to which the person agree-

Sec. 1513. If a debtor is dissuaded by his creditor ing to accept is entitled," had the words " something to

from performance, but is not actually forbidden to which the person agreeing to accept is not otherwlBe

perform, he may, at his option, omit to i^erform, and entitled."

747

6522-6542 CIVIL CODE.

6522. Effect of accord.

Sec. 1522. Though the parties to an accord are bound to execute it, yet it
does not extinguish the obligation until it is fully executed.

6523. Satisfaction, xohat.

Sec 1523. AccejDtance, by the creditor, of the consideration of an accord ex-
tinguishes the obUgation, and is called satisfaction.

6524. Part iierformance in satisfaction.

Sec. 1524. Part performance of an obligation, either before or after a breach
thereof, when expressly accejDted by the creditor in writing, in satisfaction, or
rendered in pursuance of an agreement in writing, for that purpose, though
without any new consideration, extinguishes the obligation. {Amendment, ap-
proved March 30, 1874; Amendments 1873-4, 241; took effect July 1, 1874.'''>

GHAPTEE V.

NOVATION.

6530. Xovation, ivhat.

Sec. 1530. Novation is the substitution of a new obligation for an existing
one.

6531. Modes of novation.

Sec. 1531, Novation is made :

1. Bj' the substitution of a new obligation between the same parties, with
intent to extinguish the old obligation;

2. By the substitution of a new debtor in place of the old one, with intent to
release the latter; or,

3. By the substitution of a new creditor in place of the old one, with intent
to transfer the rights of the latter to the former.

6532. Novaiion a contract.

Sec. 1532. Novation is made by contract, and is subject to all the rules con-
cerning contracts in general.

6533. Novation, right to rescind contract of.

Sec 1533. When the obligation of a third person, or an order upon such
person, is accepted in satisfaction, the creditor may rescind such acceptance if
the debtor prevents such person from complying wdth the order, or from ful-
filling the obligation; or if, at the time of the obligation or order is received,
such person is insolvent, and this fact is unknown to the creditor, or, if before
the creditor can with reasonable diligence present the order to the person upon
wLom it is given, he becomes insolvent. [Amendinent, api>roved March 30, 1874;
Amendnienl>i 1873-4, 241; took effect July 1, 1874.'"^

CHAPTER VI.

RELEASE.

6541. Ol>ligation e.rlingvished by release.

Sec 1541. An obligation is extinguished by a release therefrom given to the
debtor by the creditor, upon a new consideration, or in writing, with or without
new consideration.

6542. General release, not to extend to certain claims.

Sec 1542. A general release does not extend to claims w'hich the creditor

(a) The oiifffnal fiection did not have the -words " in the creditor may rescind such acceptance if the debtor

writing " in cither of the places where they occur iu prevents such person from complying with the order,

the above amendment. or from fulfilling the obligation; or if, before tlie cred-

Ih) Original section: itor can with reasonable diligence reach such person,

Sec. laaa. When the obligation of a third person, or he becumeu insolvent.
an order upon such person, Is accepted iu satisfaction,

748

CONTEACTS. 6542-6556

does not know or suspect to exist in his favor at the time of executing the re-
lease, which if known by him must have materially affected his settlement with
the debtor. [Amendment, approved March 30, 1874; Amendments 1873-4, 241;
took effect July 1, 1874/''>
6543. Release of several joint debtors.

Sec. 1543. A release of one of two or more joint debtors does not extinguish
the obligations of any of the others, unless they are mere guarantors; nor does
it affect their right to contribution from him.

P^RT II.

CONTKACTS.

Title I. Nature of a Conteact 6549

II. Manner of Creating Contracts 6619

III. Interpretation of Contracts 6635

IV. Unlawful Contracts 6667

V. Extinction of Contracts 6682

TITLE I.

Itatutt of a (fontract.

Chaptee I. Definition 6549

II. Parties 6556

III. Consent 6565

IV. Object 6595

V. Consideration 6605

CHAPTEE I.

definition.

6549. Contract, what.

Sec. 1549. A contract is an agreement to do or not to do a certain thing.

6550. Essential elements of contract.

Sec. 1550. It is essential to the existence of a contract that there should be:

1. Parties capable of contracting;

2. Their consent;

3. A lawful object; and,

4. A sufficient cause or consideration.

CHAPTER II.

PARTIES. .

6556, Who may contract.

Sec 1556. All persons are capable of contracting, except minors, persons of
unsound mind, and persons deprived of civil rights.

(a) The original section, instead of " does," had the word " did," acd did not hare the laet clause commenc-
Ing with the words " which if known by him,"

749

6557-6572 CIYIL CODE.

6557. llinors, etc.

Sec. 1557. Minors and persons of unsound mind, have onlj^ such capacity as
is defined by Part I of Division I of this Code.

6558. Identification of parties necessary.

Sec. 1558. It is essential to the validity of a contract, not only that the par-
ties should exist, but that it should be possible to identify them.

6559. When contract for benefit of third person may he enforced.

Sec. 1559. A contract, made expressly for the benefit of a third person may
be enforced by him at any time before the parties thereto rescind it.

CHAPTEE III.

CONSENT.

6565. Essentials of consent.

Sec. 15G5. The consent of the parties to a contract must be:

1. Free;

2. Mutual; and,

3. Communicated by each to the other.

6566. Consent, when voidable.

Sec. loGG. A consent which is not free is nevertheless not absolutely void,
but may be rescinded by the parties, in the manner prescribed by the chapter
on rescission.

6567. Apparent consent, when not free.

Sec. 15G7. An apparent consent is not real or free when obtained through:
1 Duress;

2. Menace;

3. Fraud;

4. Undue influence; or,

5. Mistake.

6568. Wlien deemed to have been obtained by fraud, etc.

Sec. 15G8. Consent is deemed to have been obtained through one of the
causes meutioned in the last section only when it would not have been given
had such cause not existed.
65S9. Duress, ichat.

Sec. 1569. Duress consists in:

1. Unlawful confinement of the person of the party, or of the husband or wife
of such party, or of an ancestor, descendant, or adopted child of such party,
husband, or wife;

2. Unlawful detention of the i:)roperty of any such person; or,

3. Confinement of such person, lawful in form, but fraudulently obtained, or
fraudulently made unjustly harassing or oppressive.

6570. Mmace, what.

Sec. 1570. Menace consists in a threat:

1. Of such duress as is specified in subdivisions 1 and 3 of the last section;

2. Of unlawful and violent injury to the person or property of any such per-
son as is specified in the last section; or,

3. Of injuiy to the character of any such person.

6571. Fraud, actual or constructive.

Sec. 1571. Fraud is either actual or constructive.

6572. Actual fraud, what.

Sec. 1572. Actual fraud, within the meaning of this chapter, consists in any
of the following acts, committed by a party to the contract, or with his conniv-

750

CONTRACTS. G572-G580

ance, with intent to deceive another party thereto, or to induce him to enter
into the contract:

1. The suggestion, as a fact, of that which is not true, by one who does not
believe it to be true;

2. The positive assertion, in a manner not warranted by the information of
the person making it, of that which is not true, though he believes it to be
true;

3. The suppression of that which is true, by one having knowledge or belief
of the fact;

4. A promise made without any intention of performing it; or,

5. Any other act fitted to deceive.

6573. Constructive fraud.

Sec. 1573. Constructive fraud consists:

1. In any breach of duty which, without an actually fraudulent intent, gains
an advantage to the person in fault, or any one claiming under him, by mis-
leading another to his j)rejudice, or to the prejudice of any one claiming under
him; or,

2. In any such act or omission as the law specially declares to be fraudulent,
without respect to actual fraud.

6574. Actual fraud a question of fact.

Sec. 1574. Actual fraud is always a question of fact.

6575. Undue influence, ichat.

Sec. 1575. Undue influence consists:

1. In the use, by one in whom a confidence is reposed by another, or who
holds a real or apparent authority over him, of such confidence or authority for
the purpose of obtaining an unfair advantage over him;

2. In taking an unfair advantage of another's weakness of mind; or,

3. In taking a grossly oppressive and unfair advantage of another's necessi-
ties or distress.

6576. MlMake, what.

Sec. 1576. Mistake may be either of fact or law.

6577. Mistake of fad.

Sec. 1577. Mistake of fact is a mistake, not caused by the neglect of a legal
duty on the part of the person making the mistake, and consisting in :

1. An unconscious ignorance or forgetfulness of a fact joast or present, mate-
rial to the contract; or,

2. Belief in the present existence of a thing material to the contract, which
does not exist, or in the past existence of such a thing, which has not existed.

6578. Mistake of law.

Sec 1578. Mistake of law constitutes a mistake, within the meaning of this
article, only when it arises from:

1. A misapprehension of the law by all parties, all supposing that they knew
and understood it, and all making substantially the same mistake as to the
law; or,

2. A misapprehension of the law by one party, of which the others are aware
at the time of contracting, but which they do not rectify.

' 6579. Mistake of foreign laws.

Sec 1579. Mistake of foreign laws is a mistake of fact.

6580. Mutuality of consent.

Sec 1580. Consent is not mutual, unless the parties all agree upon the same
tiling in the same sense. But in certain cases defined by the chapter on inter-
pretation, they are to be deemed so to agree without regard to the fact.

751

6581-6596 CIVIL CODE.

6581. Communication of consent.

Sec. 1581. Consent can be communicated witli effect, only by some act or
omission of the party contracting, by which he intends to communicate it, or
•which necessarily tends to such communication.

6582. Mode of communicating acceptance of proposal.

Sec. 1582. If a jDroposal prescribes any conditions concerning the communi-
cation of its acceptance, the proposer is not bound unless they are conformed
to; but in other cases any reasonable and usual mode may be adopted.

6583. Mlien communication deemed complete.

Sec. 1583. Consent is deemed to be fully communicated between the parties
as soon as the jDarty accepting a proposal has put his accej)tance in the course
of transmission to the proposer, in confonnity to the last section.

6584. Acceptance Jjy performance of conditions.

Sec. 1584:. Performance of the conditions of a jn'oposal, or the acceptance
of the consideration offered with a j)roposal, is an acceptance of the j)roposal.

6585. Acceptance must be absolute.

Sec. 1585. An acceptance must be absolute and unqualified, or must include
in itself an acceptance of that character which the proposer can separate from
the rest, and which will conclude the jDcrson accepting. A qualified accept-
ance is a new proposal.

6586. Revocation of proposal.

Sec. 1586. A proposal may be revoked at any time before its acceptance is
communicated to the proj^oser, but not afterw^ards.

6587. Bevocation, how made.

Sec. 1587. A proposal is revoked:

1. By the communication of notice of revocation by the proposer to the other
part}', in the manner prescribed by sections 1581 and 1583, before his accept-
ance has been communicated to the former;

2. By the lapse of the time jirescribed in such proposal for its accejitance, or
if no time is so prescribed, the lapse of a reasonable time without communica-
tion of the acceptance;

8. By the failure of the accej)tor to fulfill a condition precedent to accept-
ance; or,

4. By the death or insanity of the proposer.

6588. Itatification of contract void for want of consent.

Sec 1588. A contract which is voidable solely for want of due consent, may
be ratified by a subsequent consent.

6589. Assumption of oUlrjation by acceptance of benefds.

Sec 1 589. A voluntary acceptance of the benefit of a transaction is equivalent
to a consent to all the obligations arising from it, so far as the facts are known,
or ought to be known, to the jierson accepting.

CHAPTER IV.

OBJECT OF A CONTRACT.

6595. Object, ivhal.

Sec. 1595. Tlie object of a contract is the thing which it is agreed, On the
part of the jmrty receiving the consideration, to do or not to do.

6596. Requisites of object.

Sec 1590. The object of a contract must be lawful when the contract is made,
and possible and ascertainable by the time the contract is to be performed.

752

CONTEACTS. 6597-GG13

6597. Impossibility, what.

Sec. 1597. Everything is deemed possible except that wliich is impossible in
the nature of things.

6598. Wien contract ivholly void.

Sec. 1598. AVhere a contract has but a single object, and such object is un-
lawful, whether in Avhole or in part, or wholly impossible of i:)erformunce, or so
vaguely expressed as to be wholly unaseertainable, the entire contract is void.

CHAPTEE V.

CONSIDEIIATION.

6605. Good consideration, what.

Sec. 1C05. Any benefit conferred, or agreed to be conferred, upon the jirom-
isor, by any other person, to which the promisor is not lawfully entitled, or any
prejudice suffered, or agreed to be suffered, by such person, other than such as
he is at the time of consent lawfully bound to suffer, as an inducement to the
promisor, is a good consideration for a j^romise.

6606. How far legal or moral obligation is a good consideration.

Sec. 1606. An existing legal obligation resting uj)on the promisor, or a moral
obligation originating in some benefit conferred upon the promisor, or preju-
dice suffered by the j)romisee, is also a good consideration for a promise, to an
extent corresponding with the extent of the obligation, but no further, or
otherwise.

6607. Gonsideratjon lawful.

Sec. 1607. The consideration of a contract must be lawful within the meaning
of section 1667.

6608. Effect of its illegality.

Sec. 1608. If any part of a single consideration for one or more objects, or of
several considerations for a single object, is unlawful, the entire contract is void.

6609. G onsideration executed or executory.

Sec. 1609. A consideration may be executed or executory, in whole or in part.
In so far as it is executory it is subject to the provisions of Chapter IV of this
title.

6610. Executory consideration.

Sec. 1610. "When a consideration is executory, it is not indispensable that
the contract should specify its amount or the means of ascertaining it. It may
be left to the decision of a third person, or regulated by any specified standard.

6611. How ascertained.

Sec. 1611. When a contract does not determine the amount of the considera-
tion, nor the method by which it is to be ascertained, or when it leaves the
amount thereof to the discretion of an interested party, the consideration must
be so much money as the object of the contract is reasonably worth.

6612. Effect of impossihility of ascertaining consideration.

Sec. 1612. Where a contract provides an exclusive method by which its con-
sideration is to be ascertained, which method is on its face impossible of exe-
cution, the entire contract is void.

6613. Same.

Sec. 1613. Where a contract provides an exclusive method by which its con-
sideration is to be ascertained, which method appears possible on its face, but
in fact is, or becomes, impossible of execution, such provision only is void.
48 753

6614-6G24 CFV'IL CODE.

6614. Writfen insfi'iiment prcmmptive evidence of consideration.

Sec. IGl-l. A written instrument is presumptive evidence of a consideration.

6615. Burden of proof to invalidate sufficient consideration.

Sec. IGlo. The burden of showing a want of consideration sufficient to sup-
port an instrument lies with the party seeking to invalidate or avoid it.

TITLE II.

Blauucr of (rrcatin0 (fontracto.

6619. Contracts, express or implied.

Sec. 1619. A contract is either express or implied.

6620. Express contract, xohat.

Sec. 1G20. An express contract is one, the terms of which are stated in wordg.

6621. Implied contract, xoliat.

Sec. 1G21. An implied contract is one, the existence and terms of which are
manifested by conduct.

6622. What contracts may he oral.

Sec. 1G22. All contracts may be oral, except such as are specially required by
statute to be in writing.

6623. Contract not in writing through fraud, may he enforced against fraudulent

party.
Sec. 1G23. "Where a contract, which is required by law to be in writing, is
prevented from being \}\xi into writing by the fraud of a party thereto, any other
party who is by such fraud led to believe that it is in writing, and acts upon
such belief to his prejudice, may enforce it against the fraudulent party.

6624. What contracts must he in writing.

f. I'jpc. 1G24. The following contracts are invalid, unless the same, or some

an agent or iji- aoraudum thereof, be in writing and subscribed by the party to be
tion or a «r..,. , , . , ° J i J

^ea, or by his agent:

1. All agreement that by its terms is not to be performed within a year from
the making thereof;

2. A si^ecial promise to answer for the debt, default or miscarriage of another,
except in the cases pro%'ided for in section twenty-seven hundred and ninety-
four of this code;

3. An agreement made upon consideration of marriage, other than a mutual
promise to marry;

4. An agreement for the sale of goods, chattels, or things in action, at a
price not less than two hundred dollars, unless the buyer accept or receive part
of such goods and cliattels, or the evidences, or some of them, of such things
in action, or pay at the time some part of the purchase-money; but when a sale
is made by auction, an entry by the auctioneer in his sale book, at the time of
the sale, of the kind of property sold, the terms of sale, the price, and the
names of the purc-luxser and j^erson on whose account the sale is made, is a
sufficient memorandum;

5. An agreement for the leasing for a longer period than one year, or for the
sale of real property, or of an interest therein; and such agreement, if made by
an agent of the party sought to be charged, is invalid, unless the authority of the

7o4

CONTRACTS. 6G24-6640

agent be in writing', subscribed by the party sought to be charged. [A7nend-
ment, approved March 30, 1874; AviendmoUs 1873-4, ^41; took effect July 1,
1874.<^'

6625. Effect of writing.

Sec. 1625, The execution of a contract in writing, whether the law requires
it to be written or not, supersedes all the oral negotiations or stipulations con-
cerning its matter which preceded or accomj^anied the execution of the instni-
ment.

6626. Contract in xoriting takes effect, when.

Sec 1626. A contract in writing takes effect upon its delivery to the party in
whose favor it is made, or to his agent.

6627. Provisions of chapter on transfers of real property.

Sec. 1627. The provisions of the chai:)ter on transfers in general, concerning
the delivery of grants, absolute and conditional, apply to all written contracts.

6628. Corporate seal, how affixed.

Sec. 1628. A corporate or official seal may be affixed to an instrument by a
mere impression upon the paper or other material on which such instrument is
written.

6629. Provisions abolishing seals made applicable.

Sec 1629. All distinctions between sealed and unsealed instruments are
abolished.

TITLE III.

luterpittation of (!loutract0.

6635. Uniformity of interpretation.

Sec. 1635. All contracts, whether public or private, are to be interiDreted by
the same rules, except as otherwise provided by this code.

6636. Contracts, how to he interpreted.

Sec 1636. A contract must be so interpreted as to give effect to the mutual
intention of the parties as it existed at the time of contracting, so far as the
same is ascertainable and lawful.

6637. Intention of parties, how ascertained.

Sec 1637. For the purpose of ascertaining the intention of the parties to a
contract, if otherwise doubtful, the rules given in this chaj^ter are to be applied.

6638. Intention to be ascertained from language.

Sec 1638. The language of a contract is to govern its interpretation, if the
language is clear and explicit, and does not involve an absurdity.

6639. Interpretation ofioritten contracts.

Sec 1639. "When a contract is reduced to writing, the intention of the parties
is to be ascertained from the writing alone, if possible; subject, however, to the
other provisions of this title.

6640. Writing, when disregarded.

Sec 1640. When, through fraud, mistake, or accident, a written contract
fails to express the real intention of the parties, such intention is to be regarded,
and the erroneous parts of the writing disregarded.

(o) Original Bection: agent for the purpose: 1. An agreement that by its

Sec. 1624. The fuUowing contracts, or some memo- terms cannot be fully performed within one year; 2.

randum thereof, expreBsiug the parties, their consent. An agreement made upon consideriition of man-iage,

and the object of the contract, must be in writing, sub- other than unitual promises to marry,
scribed by the party to be charged thereby, or by his

755

6G41-6652 CH^L CODE.

6641. Effect to he given to every paii of contract.

Sec. 1G41. Tbe whole of a contract is to be taken together, so as to give effect
to every part, if reasonably jDracticable, each clause hel^nng to interpret the
other.

6642. Several contracts when taken together.

Sec. IG'42. Several contracts relating to the same matters, between the same
parties, and made as parts of substantially one transaction, are to be taken
together.

6643. Interpretation in favor of contract.

Sec. 1043. A contract must receive such an interpretation as will make it
lawful, operative, definite, reasonable, and capable of being carried into effect,
if it can be done without violating the intention of the parties.

6644. Words to be understood in usual sense.

Sec 1G44. The words of a contract are to be understood in their ordinary
and popular sense, rather than according to their strict legal meaning; unless
used by the parties in a technical sense, or unless a special meaning is given to
them by usage, in which case the latter must be followed.

6645. Technical icords.

Sec 1G45. Technical words are to be iiiterj)reted as usually understood by
persons in the profession or business to which they relate, unless clearly used
in a different sense.

6646. Law of place.

Sec 1G4G. A contract is to be interpreted according to the law and usage of
the place where it is to be performed; or, if it does not indicate a place of per-
formance, according to the law and usage of the place where it is made.

6647. Contracts eocplained by circumstances.

Sec 1C47. A contract may be explained by reference to the circumstances
under which it was made, and the matter to which it relates.

6648. Contract restricted to Us evident object.

Sec 1G48. However broad may be the terms of a contract, it extends only to
those things concerning which it appears that the parties intended to contract.

6649. Inierpretalion in sense in which promisor believed j^romisee to i-ely.

Sec 1G49. If the terms of a promise are in any respect ambiguous or uncer-
tain, it must be interj)reted in the sense in which the promisor believed, at the
time of making it, that the promisee understood it.

66£0. Farticvlar clause subordinate to general intent.

Sec 1C50. Particular clauses of a contract are subordinate to its general
intent.

6651. Contract, partly written and partly pyrinted.

Sec 1G51. Where a contract is jmrtly written and partly printed, or where
part of it is written or printed under the special directions of the parties, and
with a special view to their intention, and the remainder is copied from a form
originally prepared without special reference to the particular parties and the
particular (contract in question, the written parts control the printed parts, and
the parts which are jjurely original control those which are coi)ied from a form.
And if the two are absolutely repugnant, the latter must be so far disregarded,

66.'' 2. I/tjnignanciis, how reconciled.

Sec 1G52. Repugnancy in a contract must be reconciled, if possible, by such
an interpretation as will give some effect to the repugnant clauses, subordinate
to the general intent and purpose of the whole contract.

756

CONTRACTS. GG53-GGG8

6653. Inconsistent words rejected.

Sec. 1653. Words in a contract whicli are wholly inconsistent with its nature,
or with the main intention of the parties, are to be rejected.

6654. Words to be taken most strongly against icliom.

Sec. 1654. In cases of uncertainty not removed by the preceding rule, the
language of a contract should be interpreted most strongly against the party
who caused the uncertainty' to exist. The promisor is presumed to be such
party; excej)t in a contract between a public officer or body, as such, and a
private party, in which it is presumed that all uncertainty was caused by the
private jDarty.

6655. Reasonable stipulations, lohen implied.

Sec. 1G55. Stipulations which are necessary to make a contract reasonable, or
conformable to usage, are implied, in respect to matters concerning which the
contract manifests no contrary intention.

6656. Necessary incidents implied.

Sec 1656. All things that in law or usage are considered as incidental to a
contract, or as necessary to carry it into effect, are implied therefrom, unless
some of them are expressly mentioned therein, when all other things of the
same class are deemed to be excluded.

6657. Time of performance of contract.

Sec. 1657. If no time is specified for the performance of an act required to
be performed, a reasonable time is allowed. If the act is in its nature capable
of being done instantly— as, for example, if it consists in the payment of money
only — it must be j^erf ormed immediately upon the thing to be done being exactly
ascertained.

6658. [Sec 1658^^^ was repealed by act approved March 30, 1874; Amendments
1873-4, 242; took effect Jidy 1, 1874.]

6659. When joint and several.

Sec 1659. Where all the parties who unite in a promise receive some benefit
from the consideration, whether past or present, their promise is presumed to
be joint and several.

6660. Same.

Sec 1660. A promise, made in the singular number, but executed by several
persons, is presumed to be joint and several.

6661. Executed and executory contracts, what.

Sec 1661. An executed contract is one, the object of which is fully performed.
All others are executoiy.

TITLE lY.

6667. What is nnlaiiful.

Sec 1667. That is not lawful which is:

1. Contrary to an express provision of law;

2. Contrary to the policy of express law, though not expressly prohibited; or,

3. Otherwise contrary to good morals.

6668. Certain contracts unlawful.

Sec 1668. All contracts which have for their object, directly or indirectly, to

(a) Repealed section: sence of a contract, unless by its terms expressly so

Sec. 1658. Time is never considered as of the es- ijrovided.

757

6G68-6682 CIVIL CODE.

exemjit anj' one from responsibility for bis own fraud, or -u-illful injiuy to the
person or proj^erty of another, or violation of law, whether willful or negligent,
are against the policy of the law.

6669. [Sec. IGGD*"' was repealed by act approved March 30, 1874; Amendments
1873-4, 242; took eflect July 1, 1874.]

6670. Contract fixing damages, void.

Sec. 1670. Every contract by which the amount of damage to be paid, or
other compensation to be made, for a breach of an obligation, is determined in
anticipation thereof, is to that extent void, except as expressly provided in the
next section.

6671. Exception.

Sec. 1071. The parties to a contract may agree therein upon an amount which
shall be presumed to be the amount of damage sustained by a breach thereof,
when, from the nature of the case, it would be impracticable or extremely diffi-
cult to fix the actual damage.
6672.

[Sec. 1072^'"' was repealed by act approved March 30, 1874; Amendments
1873-4, 242; took effect July 1, 1874.]

6673. Contract in restraint of trade, void.

Sec. 1G73. Every contract by which any one is restrained from exercising a
lawful profession, trade, or business of any kind, otherwise than is provided by
the next two sections, is to that extent void.

6674. Exception in favor of sale of good loiil.

Sec. 1674. One who sells the good will of a business may agree with the
buyer to refrain from can'ying on a similar business within a specified county,
city, or a part thereof, so long as the buyer or any person deriving title to the
good will from him, carries on a like business therein.

6675. Exception in favor of partneraldp arrangements.

Sec. 1675. Partners may, upon or in anticipation of a dissolution of the part-
nership, agree that none of them will carry on a similar business within the
same city or town where the partnership business has been transacted, or
within a specified part thereof.

6676. Contract in restraint of marriage, void.

Sec. 1676. Every contract in restraint of the marriage of any j^erson, other
than a minor, is void.

TITLE Y.

(f Alinction of (Tonlracb.

Chapter I. Contracts, how Extinguished GG82

II. Kescission 6688

III. Alteration and Cancellation GG97

CHAPTEE I.

CONTRACTS, HOW EXTINGUISHED.
6682. Contrart, hovj extinguished.

Si:c. 1G82. A contract may be extinguished in like manner with any other
obligation, and also in the manner prescribed by this title.

(a) Repealed neotlon : (h) Repealed section:

Sec. IfiCa. PenalticH iiupdHfidby conlraot foranynon- Sec. J 072. Every Rtipiilntion or condition in a con-

perfornianf-e thereof, an; void, lint this Kection doeRuot tract, by which any party thereto is restricted from

render void puch Ix.udH or '.bligatioiiB, penal in form, UH enforcing his rights under the contract by the usual

have heretofore been commonly used; it merely re- legal proceedings in the ordinary tribunals, or which

jecte and avoids the penal clauecB. limits the time within which he may thus enforce his

rights, is void.

758

CONTRACTS. 6C88-G698

CHAPTEE II.

RESCISSION.

6688. Eescission eximguishes contract.

Sec. 1G88. A contract is extinguished by its rescission.

6689. WJien party may rescind.

Sec. 1689. A party to a contract may rescind the same in the following cases
only:

1. If the consent of the party rescinding, or of any ]oarty jointly contracting
with him, was given by mistake, or obtained through duress, menace, fraud, or
undue influence, exercised by or with the connivance of the party as to whom
he rescinds, or of any other party to the contract jointly interested Avith such
party;

2. If, through the fault of the party as to whom he rescinds, the considera-
tion for his obligation fails, in whole or in part;

3. If such consideration becomes entirely void from any cause;

4. If such consideration, before it is rendered to him, fails in a material re-
spect, from any cause; or,

5. By consent of all the other parties.

6690. When stipulations against right to rescind do not defeat it.

Sec 1690. A stipulation that errors of description shall not avoid a contract,
or shall be the subject of compensation, or both, does not take away the right
of rescission for fraud, nor for mistake, where such mistake is in a matter essen-
tial to the inducement of the contract, and is not capable of exact and entire
compensation.

6691. Rescission, how effected.

Sec 1691. Eescission, when not effected by consent, can be accomplished only
by the use, on the part of the party rescinding, of reasonable diligence to comply
with the following rules:

1. He must rescind promptly upon discovering the facts which entitle him to
rescind, if he is free from duress, menace, undue influence, or disability, and is
aware of his right to rescind; and,

2, He must restore to the other party everj'thing of value which he has
received from him under the contract; or must offer to restore the same, upon
condition that such party shall do likewise, unless the latter is unable or j)Osi-
tively refuses to do so.

CHAPTEE III.

ALTERATION AND CANCELLATION.

6697. Alteration of verbal contract.

Sec 1697. A contract not in writing may be altered in any respect by con-
sent of the parties, in writing, without a new consideration, and is extinguished
thereby to the extent of the new alteration. [Amendment, approved March 30,
1874; Amendmerds 1873-4, 242; took effect July 1, 1874.^"'

6698. Alteration of written contract.

Sec. 1698. A contract in writing may be altered by a contract in writing, or
by an executed oral agreement, and not otherwise. [Amendment, approved
March 30, 1874; Amendmeids 1873-4, 242; took effect July 1, 1874.""

(a) Original section: (6) Original section:

Sec. 1697. A contract may be altered in any respect Sec. 1698. A contract in -writing may be altered by a
by consent of the parties, without a new consideration, contract in writing, or by an executed oral agreement ;
and is extinguished thereby to the extent of the alter- and not otherwise, except aa to the time of perlorin-
ation. ■ ance, which may be extended by any form of agree-

ment.

759

6699-6713 CIVIL CODE.

6699. Extinction by cancellation, etc.

Sec. 1699. The destruction or cancellation of a written contract, or of the sig-
nature of the parties liable thereon, with intent to extinguish the obligation
thereof, extinguishes it as to all the 25arties consenting to the act.

6700. Extinction by unauthorized alteration.

Sec. 1700. The intentional destruction, cancellation, or material alteration of
a written contract, by a party entitled to any benefit under it, or with his con-
sent, extinguishes all the executory obligations of the contract in his favor,
against parties who do not consent to the act.

6701. Alteration of diiplicate not to prejudice.

Sec. 1701. "Where a contract is executed in duplicate, an alteration or
destruction of one copy, while the other exists, is not within the provisions of
the last section.

P»A.RT III.

OBLIGATIONS IMPOSED BY LAW.

6708. Abstinence from injury.

Sec. 1708. Every person is bound, without contract, to abstain from injuring
the person or property of another, or infringing upon any of his rights.

6709. Fraudulent deceit.

Sec. 1709. One who willfully deceives another with intent to induce him to
alter his position to his injury or risk, is liable for any damage which he thereby

suffers.

6710. Deceit, what.

Sec 1710. A deceit, within the meaning of the last section, is either:

1. The suggestion, as a fact, of that which is not true, by one who does not
believe it to be tiaie;

2. The assertion, as a fact, of that which is not true, by one who has no
reasonable ground for believing it to be true;

3. The suppression of a fact, by one who is bound to disclose it, or who gives
information of other facts which are likely to mislead for want of communica-
tion of that fact; or,

4. A promise, made without any intention of performing it.

6711. Deceit upon the public, etc.

Sec 1711. One who practices a deceit with intent to defraud the public, or a
particular class of persons, is deemed to have intended to defraud every indi-
vidual in that class, who is actually misled by the deceit,

6712. licHtoration of thing ivrongfully acquired.

Sec 1712. One who obtains a thing without the consent of its owner, or by a
consent aftei'wards rescinded, or by an unlawful exaction which the owner could
not at the time jji-udently refuse, must restore it to the person from whom it
was thus obtained, unless he has acquired a title thereto superior to that of
such other person, or unless the transaction was corrujat and unlawful on both
sides.

6713. Wien demand necessary.

Sec 1713. The restoration required by the last section must be made without

760

SALE. 6713-6715

demand, except where a tliiug is obtained by mutual mistake, in wliich case
the party obtaining the thing is not bound to return it until he has notice of
the mistake.

6714. BesponHibility for willful acts, negligence, etc.

Sec. 1714. Every one is responsible, not only for the result of his -willful acts,
but also for an injury occasioned to another by his want of ordinary care or
skill in the management of his joroperty or person, except so far as the latter
has, willfully or by want of ordinary care, brought the injury upon himself.
The extent of liability in such cases is defined by the title on compensatory
relief.

6715. Other obligations.

Sec. 1715. Other obligations are prescribed by Divisions I and II of this Code.

PART IV.

OBLIGATIONS AKISING FEOM PAETICULAR TEANSACTIONS.

Title I. Sale 6721

11. Exchange 6804

III. Deposit 6813

IV. Loan 6884

V. Hiring 6925

VI. Service 6965

VII. Carriage 7085

VIII. Trust 7215

IX. Agency 7295

X. Partnership 7395

XI. Insurance 7527

XII. Indemnity 7772

XIII. Guaranty 7787

XIV. Lien 7872

XV. Negotiable Instruments 8086

XVI. General Proyisions 8268

TITLE I.

Sale.

Chapter I. General Provisions 6721

II. Eights and Obligations of the Seller 6748

III. Eights and Obligations of the Buyer 6784

IV. Sale by Auction 6792

CHAPTEE I.

GENERAL PROYISIONS.

Article I. Sale 6721

II. Agkkements for Sale 6726

III. FOKM OF THE CoNTKACT 6739

761

6721-6734 CIVIL CODE.

AKTICLE I.

SALE.

6721. Sale, what.

Sec. 1721. Sale is a contract by which, for a pecuniary consideration, called a
price, one transfers to another an interest in pro^^erty.

6722. Subject of sale.

Sec. 1722. The subject of sale umst be property, the title to which can be
immediately transferred from the seller to the buyer.

AETICLE II.

AGREEMENTS FOR SALE.

6726. Agreement for sale.

Sec. 1726. An agreement for sale is either:

1. An agreement to sell;

2. An agreement to buy ; or,

3. A mutual agreement to sell and buy.

6727. Agreement to sell.

Sec. 1727. An agreement to sell is a contract by which one engages, for a
price, to transfer to another the title to a certain thing.

6728. Agreement to buy.

Sec 1728. An agreement to buy is a contract by which one engages to
accept from another, and pay a j)rice for the title to a certain thing.

6729. Agreement to sell and buy.

Sec 1729. An agreement to sell and buy is a contract by which one engages
to transfer the title to a certain thing to another, who engages to accept the
same from him and to pay a jDrice therefor.

6730. What may be the subject of the contract.

Sec. 1730. Any property which, if in existence, might be the subject of sale,
may be the subject of an agreement for sale, whether in existence or not.

6731. Agreement to sell real j)roperty .

Sec 1731. An agreement to sell real property binds the seller to execute a
conveyance in form sufficient to pass the title to the jDropei-ty. [Amendment ,
approved March 30, 1874; Amendments 1873-4, 243; took effect July 1, 1874.'^>

6732. [Sec 1732<''> was repealed by act approved March 30, 1874; Amend-
ments 1873-4, 243; took effect July 1, 3874.1

6733. Usual common laio covenants required by such contracts, when.

Sec 1733. An agreement on the part of a seller of real property to give the
usual covenants, binds him to insert in the grant covenants of "seizin," "quiet
enjoyment," "further assurance," " general warranty," and " against incum-
brances."

6734. Form of such covenants.

Sec 1734. The covenants mentioned in the last section must be in substance
as follows: "The party of the first part covenants with the party of the second
part, that the former is now seized in fee simple of the i:)roi5erty granted; that
the latter shall enjoy the same without any lawful disturbance; that the same
is free from all incumbrances; that the pai'ty of the first part, and all persons
acquiring any interest in the same through or for him, will, on demand, execute

(a) Original section: (6) Repealed section:

Sbc. 17:U. An atjreempnt to Bf-U real property binds Sec 1732. An agreement to sell real property binds

the seller to execute a grunt in the form and man- the Bcller to execute a grant in the form prescribed by

ner prescribed by the c hapter on transfers of real prop- section 1092.
erty.

762

SALE. 6734-6749

and deliver to the party of the second part, at the expense of the latter, any-
further assurance of the same that may be reasonably required; and that the
party of the first part will warrant to the party of the second part all the said
property against every person lawfully claiming the same."

AETICLE III.

FORM OF THE CONTRACT.

6739. Contract for sale of personal property.

Sec 1739. No sale of personal property, or agreement to buy or sell it for a
price of two hundred dollars or more, is valid, unless:

1. The agreement or some note or memorandum thereof be in writing, and
subscribed by the party to be charged, or by his agent; or,

2. The buyer accepts and receives part of the thing sold, or when it consists
of a thing in action, part of the evidences thereof, or some of them; or,

3. The buyer, at the time of sale, pays a pai't of the price. [Amendment, ap-
proved Ifarvh 30, 1874; Amendments 1873-4, 243; took eject July 1, 1874.^"^

6740. Contract to mariufacture.

Sec. 1740. An agreement to manufacture a thing, from materials furnished by
the manufacturer, or by another person, is not within the provisions of the last
section.

6741. Contract for sale of real property.

Sec 1741. No agreement for the sale of real property, or of an interest therein,
is valid, unless the same, or some note or memorandum thereof, be in writing,
and subscribed by the party to be charged, or his agent, thereunto authorized,
in writing; but this does not abridge the power of any court to compel the spe-
cific performance of any agreement for the sale of real property in case of jDart
performance thereof. [Amendment, approved Ilarch 30, 1874; Amendments
1873-4, 243; took effect July 1, 1874.^"'

CHAPTER II.

BIGHTS AND OBLIGATIONS OF THE SELLEE.

Article I. Eights and Duties befoee Delivery 6748

II. Delivery 6753

III. Warranty 6763

ARTICLE I.

RIGHTS AND DUTIES BEFORE DELIVERY.

6748. When seller must act as depositary.

Sec. 1748. After personal property has been sold, and until the delivery is
completed, the seller has the rights and obligations of a depositary for hire,
except that he must keep the property, without charge, until the buyer has had
a reasonable opportunity to remove it.

6749. When seller may resell.

Sec 1749. If a buyer of personal property does not pay for it according to

(a) The original section differed in the first and sec- or of any estate therein, other than an estate for a term

end subdivisions. The first was as follows: not exceeding one year, is valid, unless a mcnnorandum

"1. A memorandum of the contract, showing the par- thereof, showing the parties, their consent, and the

ties, their consent, and the subject of sale, is made in subject of sale, is made in writing, and subscribed by

writing, and subscribed by the party to be charged; the party to be charged or his agent, thereunto author-

or." ized in writing, or unices the contract has been

The second subdivision did not have the words " or partially performed by the party seeking to enforce it,

some of them." and such part performauce has been accepted by the

(6) Original section: other.

Sec, 1741. No agreement for the sale of real property,

763

6749-6767 CIYIL CODE.

contract, and it remains in the joossession of the seller after payment is due,
the seller may rescind the sale, or may enforce his lien for the price, in the
manner j)rescribed by the title on liens.

AKTICLE II.

DELIVERY.

6753. Delivery on demand.

Sec. 1753. One who sells personal property, whether it was in his possession
at the time of sale or not, must put it into a condition fit for delivery, and de-
liver it to the buyer within a reasonable time after demand, unless he has a lien
thereon.

6754. Delivery, where made.

Sec. 1754. Personal property sold is deliverable at the jDlace where it is at
the time of the sale or agreement to sell, or if it is not then in existence, it is
deliverable at the place where it is j)roduced.

6755. Expense of transporlalion.

Sec 1755. One who sells jiersonal property must bring it to his own door, or
other convenient place, for its acceptance by the buyer, but further transporta-
tion is at the risk and expense of the buyer.

6756. Notice of election as to delivery.

Sec. 1756. When either party to a contract of sale has an option as to the
time, place, or manner of delivery, he must give the other party reasonable
notice of his choice; and if he does not give such notice within a reasonable
time, his right of option is waived.

6757. Buyer's directions as to manner of sending things sold.

Sec. 1757. If a seller agrees to send the thing sold to the buyer, he must
follow the directions of the latter as to the manner of sending, or it will be at
his own risk during its transportation. If he follows such directions, or if, in
the absence of special directions he uses ordinary care in forwarding the thing,
it is at the risk of the buyer.

6758. Delivery to be within reasonable hours.

Sec. 1758. The delivery of a thing sold can be ofifered or demanded only
within reasonable hours of the day.

AETICLE III.

WARRANTY.

6763. Warranty, what.

Sec 17G3. A warranty is an engagement by which a seller assures to a buyer
the existence of some fact affecting the transaction, whether past, present, or
future.

6764. No implied warranty in mere contract of sale.

Sec 1764. Except as prescribed by this article, a mere contract of sale or
agreement to sell does not imply a warranty.

6765. Warranty of title to personal property.

Sec 1765. One who sells or agrees to sell personal property, as his own,
thereby warrants that he has a good and unincumbered title thereto.

6766. Warranty on sale by sample.

Sec 1766. One who sells or agrees to sell goods by sample, thereby warrants
the bulk to be equal to the sample.

6767. When seller knows that buyer relies on his statements.

Sec 1767. One who sells or agrees to sell personal i^roperty, knowing that

764

SALE. 6767-6778

the buyer relies upon his advice or judgment, thereby wan'ants to the buyer
that neither the seller, nor any agent employed by him in the transaction,
knows the existence of any fact concerning the thing sold which would, to his
knowledge, destroy the buyer's inducement to buy.

6768. Merchandise not in existence.

Sec. 1768. One who agrees to sell merchandise not then in existence, thereby
warrants that it shall be sound and merchantable at the place of production
contemplated by the parties, and as nearly so, at the place of delivery, as can
be secured by reasonable care.

6769. Manufacturer' s warranty against latent defects.

Sec. 1769. One who sells or agrees to sell an article of his own manufacture
thereby warrants it to be free from any latent defect, not disclosed to the buyer,
arising from the process of manufacture, and also that neither he nor his agent
in such manufacture has knowingly used improper materials therein.

6770. Thing hoitght for particular purpose.

Sec. 1770. One who manufactures an article under an order for a particular
purpose, warrants by the sale that it is reasonably fit for that purpose.

6771. When thing cannot he examined by buyer.

Sec. 1771. One who sells or agrees to sell merchandise inaccessible to the
examination of the buyer, thereby warrants that it is sound and merchantable.

6772. Trade-marks.

Sec. 1772. One who sells or agrees to sell any article to which there is
affixed or attached a trade-mark, thereby warrants that mark to be genuine and
lawfully used.

6773. Other marks.

Sec. 1773. One who sells or agrees to sell any article to which there is
affixed or attached a statement or mark to express the quantity or quality thereof,
or the place where it was, in whole or in part, produced, manufactured, or pre-
pared, thereby warrants the truth thereof.

6774. Warranty, on sale of written instrument.

Sec. 1774. One who sells or agrees to sell an instrument purporting to bind
any one to the performance of an act, thereby warrants that he has no knowl-
edge of any facts which tend to prove it worthless, such as the insolvency of
any of the parties thereto, where that is material, the extinction of its obliga-
tions, or its invalidity for any cause. [Amendment, approved March 30, 1874;
Amendments 1873-4, 244; took effect July 1, 1874.<'"

6775. Warranty of provisions for domestic use.

Sec 1775. One who makes a business of selling provisions for domestic use
warrants by a sale thereof, to one who buys for actual consumption, that they
are sound and wholesome.

6776. Warranty on sale of good ivill.

Sec. 1776. One who sells the good will of a business thereby warrants that he
will not endeavor to draw off any of the customers.

6777. War raiity upon judicial sale.

Sec 1777. Upon a judicial sale, the only warranty implied is that the seller
does not know that the sale will not pass a good title to the property.

6778. Effect of general warranty.

Sec 1778. A general warranty does not extend to defects inconsistent there-
in) The original eection after " warrants " had the its purport iipon all the parties thereto; and also war-
following additional words: " the instrument fo be rants."
what it purports to be, and to be binding according to

765

6778-6798 CIVIL CODE.

with of whicli the buyer was then aware, or which were then easily discernible
by him without the exercise of i)eculiar skill; but it extends to all other de-
fects.

CHAPTEE III.

EIGHTS AND OBLIGATIONS OF THE BUYER.

6784. Price, token to be paid.

Sec. 1784. A buyer must pay the price of the thing sold on its delivery, and
must take it away within a reasonable time after the seller offers to deliver it.

6785. Iiight to inspect goods.

Sec. 1785. On an agreement for sale, with warranty, the buyer has a right to
inspect the thing sold, at a reasonable time, before accepting it; and may
rescind the contract if the seller refuses to permit him to do so.

6786. JRiglUs in case of breach of loarranty.

Sec. 178G. The breach of a warranty entitles the buyer to rescind an agree-
ment for sale, but not an executed sale, unless the warranty was intended by
the parties to operate as a condition.

CHAPTER IV.

SALE BY AUCTION.

6792. Sale by auction, what.

Sec 1792. A sale by auction is a sale by public outcry to the highest bidder
on the spot.

6793. Sale, when complete.

Sec. 1793. A sale by auction is complete when the auctioneer publicly an-
nounces, by the fall of his hammer, or in any other customary manner, that
the thing is sold.

6794. Withdraical of bid.

Sec. 1794. Until the announcement mentioned in the last section has been
made, any bidder may withdraw his bid, if he does so in a manner reasonably
sufficient to bring it to the notice of the auctioneer.

6795. Sale under xoritlen conditions.

Sec. 1795. When a sale by auction is made ujoon written or printed conditions,
such conditions cannot be modified by auy oral declaration of the auctioneer,
except so far as they are for his own benefit.

6796. Rights of buyer upon sale xoilhout reserve.

Sec. 179G. If, at a sale by auction, the auctioneer, having authority to do so,
publicly announces that the sale will be without reserve, or makes any an-
nouncement equivalent thereto, the highest bidder in good faith has an absolute
right to the completion of the sale to him; and, upon such a sale, bids by the
seller, or any agent for him, are void.

6797. J',y bidding.

Sec. 1797. The employment by a seller of any person to bid at a sale by
auction, without the knowledge of the buyer, without an intention on the part
of such bidder to Ijuy, and on the part of the seller to enforce his bid, is a fraud
upon the buyer, which entitles him to rescind his purchase.

6798. Auctioneer's niemorandnm of sale.

Sec 1798. When property is sold by auction, an entry made by the auctioneer,
in his sale-book, at the time of the sale, specifying the name of the person for
whom he sells, the thing sold, the price, the terms of sale, and the name of the

7CG

DEPOSIT. G798-6814

buyer, binds both the parties in the same manner as if made by themselves.
[Amendmeyit, approved 31arch 30, 1874; Amendvients 1873-4, 244; took cffecl July
1, 1874.'^)

TITLE II.

6804. Exchange, what.

Sec. 1804. Exchange is a contract by which the parties mutually give, or
agree to give, one thing for another, neither thing, or both things, being money
only.

6805. Form of contract.

Sec. 1805. The j^rovisions of section 1739 apply to all exchanges in which the
value of the thing to be given by either party is two hundred dollars or more.

6806. Parties have rights and obligations of sellers and buyers.

Sec 1806. The jorovisions of the title on sale apply to exchanges. Each party
has the rights and obligations of a seller as to the thing which he gives, and of
a buyer as to that which he takes.

6807. Warranty of money .

Sec. 1807. On an exchange of money, each party thereby warrants the genu-
ineness of the money given by him.

TITLE III.

Chapter I. Deposit in General 6813

II. Deposit foe Keeping 6833

III. Deposit for Exchange 6878

CHAPTEK I.

DEPOSIT IN GENERAL.

Article I. Natdbe and Creation of Deposit 6813

II. Obligations of the Depositary tJ822

AETICLE I.

nature and creation of deposit.

6813. Deposit, kinds of.

Sec. 1813. A deposit may be voluntary or involuntary; and for safe keeping or
for exchange.

6814. Voluntary deposit, how made.

Sec. 1814. A voluntary deposit is made by one giving to another, with his
consent, the possession of personal property to keep for the benefit of the
former, or of a third party. The person giving is called the depositor, and the
person receiving the depositary.

(a) OriBinal Bectlon- thing sold, the price, the termB of sale, and the name

Sec. 1798. Whon property is Bold by auction, the of the buyer. A memorandum thus made binds both

auctioneer, or his partner or clerli, may enter in a Bale the parties in the same manner as if made by them-

boolL, at the time of the sale, a memorandum specify- selves.

ing the name of the person for whom he boUs, the

767

6815-G827 CH'IL CODE.

6815. Involuntary deposit, hoiv made.

Sec. 1815. An involuntary deposit is made:

1. By the accidental leaving or placing of personal property in the possession
of any person, without negligence on the part of its owner; or,

2. In cases of fire, shipwreck, inundation, insurrection, riot, or like extraor-
dinary emergencies, by the owner of personal property committing it, out of
necessity, to the care of any person.

6816. Same.

Sec. 1816. The person with whom a thing is deposited in the manner described
in the last section is bound to take charge of it, if able to do so.
[As to involuntary trust resulting from negligence, see j)0st, 7224:.]

6817. Deposit for safe keeping, xohai.

Sec. 1817. A deposit for keeping is one in which the depositary is bound to
return the identical thing dej^osited.

6818. Deposit for exchange, ichat.

Sec 1818. A deposit for exchange is one in which the depositary is only
bound to return a thing corresponding in kind to that which is deposited.

ARTICLE II.

OBLIGATIONS OF THE DEPOSITARY.

6822. Depositary must deliver on demand.

Sec. 1822. A depositary must deliver the thing to the person for whose benefit
it was deposited, on demand, whether the dejDOsit was made for a specified time
or not, unless he has a lien upon the thing deposited, or has been forbidden or
prevented from doing so by the real owner thereof, or by the act of the law,
and has given the notice required by section 1825.

6823. No obligation to deliver without demand.

Sec. 1823. A dejDOsitary is not bound to deliver a thing deposited without
demand, even where the deposit is made for a s^DCcified time.

6824. Place of delivery.

Sec. 1824. A depositary must deliver the thing deposited at his residence or
place of business, as may be most convenient for him.

6825. Notice to owner of adverse claim.

Sec. 1825. A depositary must give prompt notice to the person for whose
benefit the dei)osit was made, of any proceedings taken adversely to his interest
in the thing deposited, which may tend to excuse the depositary' from delivering
the thing to him.

6826. Xofice to ovmer of thing wrongfully detained.

Se<;. 182G. A depositary, who believes that a thing de^josited with him is
wi'ongfully detained from its true owner, may give him notice of the dejjosit;
and if within a reasonable time afterwards he does not claim it, and sufficiently
establish his right thereto, and indemnify the depositary against the claim of
the depositor, the depositaiy is exonerated from liability to the person to whom
he gave the notice, upon returning the tbing to the depositor, or assuming, in
good faith, a new obligation changing his j^osition, in respect to the thing, to
his prejudice.

6827. Delivery of thing owned jointly , etc.

Sec. 1827. If a thing deposited is owned jointly or in common by persons who
cannot agree upon the manner of its deliveiy, the dej^ositary may deliver to
each his proper share thereof, if it can be done without injury to the thing.

768

DEPOSIT. G833-G840

CHAPTEE II.

DEPOSIT FOR KEEPING.

Aeticle I. General Provisions G833

II Gratuitods Deposit V)H-i'k

III. Storage 0^51

IV. Innkeepers 6859

V. Finding 086-1

ARTICLE I.

GENERAL PROVISIONS.

6833. Depositor must indemnify depositary.

Sec. 1833. A depositor must mdemnify the depositary:

1. For all damage caused to bim by the defects or vices of the thing de-
posited; and,

2. For all expenses necessarily incurred by him about the thing, other than
such as are involved in the nature of the undertaking.

6834. Obligation of depositary of animals.

Sec. 1834. A dejDOsitary of living animals must provide them with suitable
food and shelter, and treat them kindly.

6335. Obligations as to use of thing deposited.

Sec. 1835, A depositary may not use the thing deposited, or permit it to be
used, for any purpose, without the consent of the depositor. He may not, if it
is purposely fastened by the depositor, open it without the consent of the latter,
except in case of necessity.

6836. Liability for damage arising from %vrongful use.

Sec. 1836. A depositary is liable for any damage happening to the thing
deposited, during his wrongful use thereof, unless such damage must inevitably
have hapjDened though |;he proj)erty had not been thus used.

6837. Sale of thing in danger of perishing.

Sec. 1837. If a thing deposited is in actual danger of perishing before in-
structions can be obtained from the depositor, the dejoositary may sell it for the
best price obtainable, and retain the proceeds as a deposit, giving immediate
notice of his proceedings to the depositor,

6838. Injury to, or loss of thing deposited.

Sec. 1838. If a thing is lost or injured during its deposit, and the dejDositary
refuses to inform the depositor of the circumstances under which the loss or
injury occurred, so far as he has information concerning them, or willfully
misrepresents the circumstances to him, the depositary is presumed to have
willfully, or by gross negligence, j)ermitted the loss or injury to occur.

6839. Service rendered by depositary.

Sec. 1839. So far as any service is rendered by a depositaiy, or required from
him, his duties and liabilities are prescribed by the title on employment and
service.

6840. Limitation of liability of depositing for negligence.

Sec. 1840. The liability of a depositaiy for negligence cannot exceed the
amount which he is informed by the depositor, or has reason to suppose, the
thing deposited to be worth. [Amendment, apjiJ^oved 3Iarch 30, 1874; Amend-
ments 1873-4, 244; took effect July 1, 1874.*''^

(a) The original section, instead of " cannot exceed," had the words " is limited to."

49 769

G844-G860 CIVIL CODE.

ARTICLE II.

GBATUITOUS DEPOSIT.

6844. Gratuitoui^ deposit, ^vhaf.

Sec. 1844. Gratuitous deposit is a deposit for whicli the depositary receives
no consideration beyond the mere possession of the thing deposited.

6845. Nature of involuntary deposit.

Sec. 1845. An involuntary deposit is gratuitous, the depositary being entitled
to no reward.

6846. Degrees of care required of gratuitous depositary.

Sec. 184G. A gratuitous depositary must use, at least, slight care for the pres-
ervation of the thing deposited.

6847. His duties cease, when.

Sec. 1847. The duties of a gratuitous depositary cease:

1. Upon his restoring the thing deposited to its owner; or,

2. Upon his giving reasonable notice to the owner to remove it, and the
owner failing to do so within a reasonable time. But an involuntary deposi-
tary, vmder subdivision 2 of section 1815, cannot give such notice until the
emergency which gave rise to the deposit is past.

[ARTICLE III.

STORAGE.

6851. Deposit for Idre.

Sec. 1851. A deposit not gratuitous is called storage. The depositary in such
case is called a depositary for hire.

6352. Degree of care required of depositary for hire.

Sec. 1852. A depositary for hire must use at least ordinary care for the j)res-
ervation of the thing deposited.

6853. Rate of compensation for fraction of a tveek, etc.

Sec 1853. In the absence of a different agreement or usage, a depositaiy for
hire is entitled to one week's hire for the sustenance and shelter of living ani-
mals during any fraction of a week, and to half a month's hire for the storage
of any other property during any fraction of a half month.

6854. Termination of deposit.

Sec 1854. In the absence of an agreement as to the length of time during
which a deposit is to continue, it may be terminated by the depositor at any
time, and by the depositary upon reasonable notice.

6855. Same.

Sec 1855. Notwithstanding an agreement resj)ecting the length of time dur-
ing which a deposit is to continiae, it may be terminated by the dejDOsitor on
paying all that would become due to the depositary in case of the deposit so
continuing.

ARTICLE IV.

INNKEEPERS.

6859. Innkeeper's liability.

Sec 1859. An innkeeper is liable for all losses of or injuries to j^ersonal prop-
erty placed by his guests under his care, unless occasioned by an irresistible
superhuman cause, by a public enemy, by the negligence of the owner, or by
the act of some one whom he brought into the inn.

6860. Hon- exempted from liability.

Sec 1860. If an innkeei^er keeps a fireproof safe, and gives notice to a guest,

770

DEPOSIT. G860-G8G3

either personally or by putting up a printed notice in a prominent place in tbe
room occupied by the guest, that he keeps such a safe, and will not be liable for
money, jewelry, documents, or other articles of unusual value and small com-
pass, unless placed therein, he is not liable, except so far as his own acts con-
tribute thereto, for any loss of or injury to such articles, if not deposited with
him, and not required by the guest for present use.

6861. Liens by hotel, inn, hoarding-house, and lodging-house keepers.

Sec. 1861. Hotel, inn, boarding-house and lodging-house keepers shall have
a lien upon the baggage and other j^roperty of value of their guests, or boarders,
or lodgers, brought into such hotel, inn, or boarding or lodging-hoixse, by such
guests, or boarders, or lodgers, for the proper charges due, from such guests,
or boarders, or lodgers, for their accommodation, board, and lodging, and
room rent, and such extras as are furnished at their request, with the right to
the possession of such baggage or other propert}' of value, until all such charges
are j)aid. [Neio section, aioproved April 1, 187G; Amendments 1875-G, 78: look
effect from imssage.

6862. Sale of unclaimed baggage for storage, etc.

Sec. 1862. Whenever any trunk, carjpet-bag, valise, box, bundle, or other
baggage has heretofore come, or shall hereafter come into the possession of the
keeper of any hotel, inn, boarding or lodging-house, as such, and has remained
or shall remain unclaimed for the period of six months, such keejDer may pro-
ceed to sell the same at public auction, and out of the proceeds of such sale
may retain the charges for storage, if any, and the expenses of advertising and
sale thereof; but no such sale shall be made until the expiration of four weeks
from the first publication of notice of such sale in a newspaper published in or
nearest the cit}^ town, village, or place in which said hotel, inn, boarding or
lodging-house is situated. Said notice shall be published once a week for four
successive weeks, in some newspaper, daily or weekly, of general circulation,
and shall contain a description of each trunk, carpet-bag, valise, box, bundle,
or other baggage, as near as may be, the name of the owner, if known, the
name of such keeper, and the time and place of such sale; and the expenses
incurred for advertising shall be a lien upon such trunk, carpet-bag, valise, box,
bundle, or other baggage, in a ratable proj^ortion, according to the value of
such piece of projoerty, or thing, or article sold; and in case any balance aris-
ing from such sale shall not be claimed by the rightful owner within one week
from the day of said sale, the same shall be paid into the treasury of the county
in which such sale took place; and if the same be not claimed by the owner
thereof or his legal representatives within one year thereafter, the same shall be
paid into the general fund of said county. [New section, ap)proved April 1, 1876;
Amendments 1K1^~Q>, 78; took eff'ect from passage.

6863. Posting of statement of charges, etc.

Sec. 1863. Every keeper of a hotel, inn, boarding or lodging-house, shall post
in a conspicuous place in the office or public room, and in every bedroom of
said hotel, boarding-house, inn, or lodging-house, a printed copy of this sec-
tion, and a statement of charge or rate of charges by the day, and for meals or
items furnished, and for lodging. No charge or sum shall be collected or
received by any such person for any service not actually rendered, or for any
item not actually delivered, or for any greater or other sum than he is entitled
to by the general rules and regulations of said hotel, inn, boarding or lodging-
house. For any violation of this section, or any j)rovision herein contained,
the offender shall forfeit to the injured party three times the amount of the
sum charged in excess of what he is entitled to. [New section, approved April 1,
1876; Amendments 1875-6, 78; took effect from passage.

771

68G4-6878 CFV^IL CODE.

AETICLE Y.

FINDING.

6864. OhUgaiion of finder.

Sec. 18G4. One who finds a thing lost is not bound to take charge of it, but
if he does so he is thenceforward a depositary for the owner, with the rights
and obligations of a depositary for hire.

6865. Finder to notify owner.

Skc. 1865. If the finder of a thing knows or suspects who is the owner, he
must, with reasonable diligence, give him notice of the finding; and if he fails
to do so, he is liable in damages to the owner, and has no claim to any reward
offered by him for the recovery of the thing, or to any compensation for his
trouble or expenses.

6866. Claimant to jyrove oivnersMp.

Sec. 186G. The finder of a thing may, in good faith, before gi\dng it up,
reqviire reasonable proof of ownership from any person claiming it.

6867. Reward, etc., to finder.

Sec. 1867. The finder of a thing is entitled to compensation for all expenses
necessarily incurred by him in its preservation, and for any other service
necessarily performed by him about it, and to a reasonable reward for keeping it.

6868. Finder may put thing found on storage.

Sec 1868. The finder of a thing may exonerate himself from liability at any
time by placing it on storage with any responsible person of good character, at
a reasonable expense.

6869. When finder may sell the thing found.

Sec 1869. The finder of a thing may sell it, if it is a thing which is com-
monly the subject of sale, when the owner cannot, with reasonable diligence,
be found, or, being found, refuses upon demand to pay the lawful charges of
the finder, in the following cases:

1. "When the thing is in danger of perishing, or of losing the greater part of
its value; or,

2. AVhen the lawful charges of the finder amount to two thirds of its value.

6870. How sale is to be made.

Sec 1870. A sale under the provisions of the last section must be made in
the same manner as the sale of a thing pledged.

6871. Surrender of thing to the finder.

Sec 1871. The owner of a thing found may exonerate himself from the claims
of the finder by sui-rendering it to him in satisfaction thereof.

6872. Thing abandoned.

Sec 1872. The provisions of this article have no application to things which
have been intentionally abandoned by their owners.

CHAPTER III.

DEPOSIT FOR EXCHANGE.

G878. Jielatiorts of the parties.

Sec 1878. A deposit for exchange transfers to the dei:)Ositary the title to the
thing deposited, and creates between him and the depositor the relation of
debtor and creditor merely.

772

LOAN. C884-G894

TITLE IV.

Chapter I. Loan ron Use 0884

II. Loan for Exchange ; G902

III. Loan of Money G912

CHAPTER I.

LOAN FOR USE.

6884. Loan, what.

Sec. 1884. A loan for use is a contract by which one gives to another the
temporary possession and use of personal property, and the latter agrees to re-
turn the same thing to him at a future time, without reward for its use.

6885. Title to property lent.

Sec. 1885. A loan for use does not transfer the title to the thing; and all its
increase during the period of the loan belongs to the lender.

6886. Care required of bon^ower.

Sec. 1886. A borrower for use must use great care for the preservation in
safety and in good condition of the thing lent.

6887. Same.

Sec. 1887. One who borrows a living animal for use, must treat it with great
kindness, and provide everything necessary and suitable for it.

6888. Degree of skill.

Sec. 1888. A borrower for use is bound to have and to exercise such skill in
the care of the thing lent as he causes the lender to believe him to possess.

6889. Borrower , when to repair injuries.

Sec. 1889. A borrower for use must repair all deteriorations or injuries to
the thing lent, which are occasioned by his negligence, however slight.

6890. Use of thing lent.

Sec 1890. The borrower of a thing for use may use it for such purposes only
as the lender might reasonably anticipate at the time of lending.

6891. Eelending forbidden.

Sec 1891. The borrower of a thing for use must not part with it to a third
person, without the consent of the lender.

6892. Borrower, ivhen to bear expenses.

Sec 1892. The borrower of a thing for use must bear all its expenses during
the loan, except such as are necessarily incurred by him to preserve it from
unexpected and unusvial injury. For such expenses he is entitled to compen-
sation from the lender, who may, however, exonerate himself b}' surrendering
the thing to the borrower.

6893. Lender liable for defects.

Sec. 1893. The lender of a thing for use must indemnify the borrower for
damage caused by defects or vices in it, which he knew at the time of lending,
and concealed from the borrower.

6894. Lender may require return of thing lent.

Sec 1894. The lender of a thing for use may at any time require its return,
even though he lent it for a specified time or purpose. But if, on the faith of
such an agreement, the borrower has made such arrangements that a return
of the thing before the period agreed upon would cause him loss, exceeding the

773

G891-6914 CIVIL CODE.

benefit derived l\y Lim from the loan, the lender must indemnify him for such
loss, if he compels such return, the borrower not having in any manner violated
his duty.

6895. Wlien returnahle witlioul demand.

Sec. 1895. If a thing is lent for use for a sj^ecified time or purpose, it must
be returned to the lender without demand as soon as the time has expired, or
the purpose has been accomplished. In other cases it need not be returned
until demanded.

6896. Place of return.

Sec. 189C. The borrower of a thing for use must return it to the lender at
the place contemi^lated b}- the parties at the time of lending; or if no particular
place was so contemplated by them, then at the place where it Avas at that time.

CHAPTEK II.

LOAN FOR EXCHANGE.

6902. Loan for exchange, what.

Sec. 1902. A loan for exchange is a conti'act by which one delivers personal
property to another, and the latter agrees to return to the lender a similar
thing at a future time, without reward for its use.

6903. Same.

Sec 1903. A loan, which the borrower is allowed by the lender to treat as a
loan for use, or for exchange, at his option, is subject to all the provisions of
this chapter.

6904. Title to property lent.

Sec 1904. By a loan for exchange the title to the thing lent is transferred
to the borrower, and he must bear all its expenses, and is entitled to all its
increase.

6905. Contract cannot he modifed by lender.

Sec 1905. A lender for exchange cannot require the borrower to fulfill his
obligations at a time, or in a manner, different from that which Avas originally
agreed upon.

6906. Certain nections applicable.

Sec. 1906. Sections 18D3, 1895, and 189G, apply to a loan for exchange.

CHAPTER III.

LOAN OF MONEY.

6912. Loan of money.

Sec. 1912. A loan of money is a contract by which one delivers a sum of
money to another, and the latter agrees to return at a future time a sum equiva-
lent to that which he borrowed. A loan for mere use is governed by the chap-
ter on loan for use.

6913. Loan to be repaid in current money.

Sec. 1913. A borrower of money, unless there is an express contract to the
contrary, must pay the amount due in such money as is current at the time
when the loan becomes due, Avhether such money is worth more or less than
the actual money lent.

6914. Loan, presumed to be on interest.

Sec. 1914. Whenever a loan of money is made, it is presumed to be made upon
interest, unless it is otherwise expressly stipulated at the time in Avriting.
[Amendment, approved Marcli 30, 1874; Amendments 1873-4, 244; took effect July
1, 1874.<''

(fi) Original section: without reward, but is i)rtBume(l to bo made for re-

8ec. 1314. A loan of money may be made with or ward.

774

HIRING. 6915-G925

6915. Interest defined.

Sec. 1915. Interest is the compensation allowed by law or fixed by the parties
for the use, or forbearance, or detention of money. [Avwudmod, approved March
30, 1874; Amendments 1873-4, 245; took effect July 1, 1874."' >

6916. Annual rate.

Sec. 191 G. When a rate of interest is prescribed by a law or contract, without
specifying the period of time by which such rate is to be calculated, it is to be
deemed an annual rate.

6917. Legal interest — Computation.

Sec. 1917. Unless there is an express contract in writing- fixing a different

§ 1917. Change ''ten," in third line, to "seven." [In ef- ' ten per cent, per annum,

feet, April 16, 1878.] ^^^^p^ ^ judgment, and on

moneys lent or due on any settlement of accounts, from the da}'^ on which the
balance is ascertained, and on moneys received to the use of another and
detained from him. In the computation of interest for a period less than a
year, three hundred and sixty days are deemed to constitute a year. [Amend-
ment, approved March 30, 1874; Aynendmenls'i^l'i-4., 245; took effect July 1, 1874.*"^

6918. Same.

Sec. 1918. Parties may agi-ee in writing for the payment of any rate of interest,
and it shall be allowed, according to the terms of the agreement, until the entry
of judgment.

6919. Interest becomes part of principal, when.

Sec. 1919. The j^arties may, in any contract in writing whereby any debt is
secured to be paid, agree that if the interest on such debt is not punctually
paid, it shall become a i^art of the principal, and thereafter bear the same rate
of interest as the principal debt.

6920. Interest on judgment.

Sec. 1920. Interest is payable on judgments recovered in the courts of this
state, at the rate of seven per cent, per annum, and no greater rate, but such
interest must not be comj)ounded in any manner or form. [Amendment, approved
March 30, 1874; Amendments 1873-4, 245; took effect July 1, 1874.'^'

TITLE Y.

Iniino.

Chapter I. Hiring in General 6925

II. Hiring of Real Property 6941

III. Hiring of Personal Property 6955

CHAPTER I.

HIRING IN GENERAL.
6925. Hiring, tvhat.

Sec. 1925. Hiring is a contract by which one gives to another the temporary
possession and use of property, other than money, for reward, and the latter
agrees to return the same to the former at a future time.

(a) Original Bection: tereet for lesB than a year, three hundred and sixty days

Sec. 1915. Reward for the loan, forbearance, cruse of are deemed to ronstitute a year.

money or Its equivalent, is called interest. (c) Original sertion:

(6) Original section: Seo. 1920. No judgment in any court of this state

Seo. 1917. Under an obligation to pay interest, no shall draw interest at a rate to exceed seven per cent.

rate being specified, interest is payable at the rate of per annum. Interest must not be compounded in any

ten per cent, per annum, and in like proportion for a manner or form on a judgment.

longer or shorter time ; but in the computation of in-

775

6926-G935 CH'IL CODE.

6926. Frodiicfs of thing.

Sec. 1926. The products of a thing- hired, during the hiring, belong to the
hirer.

6927. Quiet jiossession.

Sec. 1927. An agreement to let upon hire binds the letter to secure to the
hirer the quiet possession of the thing hired during the term of the hiring,
against all persons lawfully claiming the same.

6928. Degree of care, etc., onpaiH of hirer.

Sec. 1928. The hirer of a thing must use ordinary care for its preservation in
safety and in good condition.

6929. Mast repair injuries, etc.

Sec. 1929. The hirer of a thing must repair all deteriorations or injuries
thereto occasioned by his ordinary negligence.

6930. Thingletforaj)(oiicularj)urpose.

Sec 1930. When a thing is let for a particular purpose the hirer must not
use it for qmj other purpose; and if he does, the letter may hold him respon-
sible for its safety during such use in all events, or may treat the contract as
thereby rescinded.

6931. When letter may terminate the hiring.

Sec. 1931. The letter of a thing ma}' terminate the hiring and reclaim the
thing before the end of the term agreed uiDon :

1. "When the hirer uses or permits a use of the thing hired in a manner con-
trary to the agreement of the parties; or,

2. "When the hirer does not, within a reasonable time after request, make
such repairs as he is bound to make.

6932. When hirer may terminate the hiring.

Sec 1932. The hirer of a thing may terminate the hiring before the end of the
term agreed upon:

1. "When the letter does not, within a reasonable time after request, fulfill
his obligations, if any, as to j^lacing and securing the hirer in the quiet posses-
sion of the thing hired, or putting it into good condition, or repairing; or,

2. "When the greater part of the thing hired, or that j^art which was and
which the letter had at the time of the hiring reason to believe was the material
inducement to the hirer to enter into the contract, perishes from any other
cause than the ordinary negligence of the hirer.

6933. When hiring terminates.

Sec 1933. The hiring of a thing terminates:

1. At the end of the tex-m agreed upon;

2. By the mutual consent of the parties;

3. By the hirer acquiring a title to the thing hired superior to that of the
letter; or,

4. By the destruction of the thing hired.

6934. Wlien terminated by death, etc., of partij.

Sec 1934. If the hiring of a thing is terminable at the pleasure of one of
the parties, it is terminated by notice to the other of his death or incapacity to
contract. In other cases it is not terminated thereby.

6935. Apportionment of hire.

Skc 1935. When the hiring of a thing is terminated before the time origi-
nally agreed upon, the hirer must pay the due proportion of the hire for such
use as he has actually made of the thing, unless such use is merely nominal,
and of no benefit to him.

77G

HIRING. 6941-G947

CHAPTER II.

HIRING OF REAL TROPERTY.

6941. Lessor to make dwelling-house fd for its purpose.

Seo. 1941. The lessor of a building intended for the occupation of human
beings must, in the absence of an agreement to the contrary, put it into a con-
dition fit for such occupation, and repair all subsequent dilapidations thereof,
"which render it untenantable, except such as are mentioned in section nineteen
hundred and twenty-nine. [Amendment, approved March 30,1874; Amendments
1873-4, 245; took effect July 1, 1874.^"'

6942. When lessee may make repairs, etc.

Sec. 1942. If within a reasonable time after notice to the lessor, of dilapida-
tions which he ought to repair, he neglects to do so, the lessee may repair the
same himself, where the costs of such repairs do not require an expenditure
greater, than one month's rent of the premises, and deduct the expenses of such
repairs from the rent, or the lessee may vacate the premises, in which case he
shall be discharged from further payment of rent, or performance of other con-
ditions. [Amendment, ajyproved Ilarch SO, 181 4t; Amendments ISIS-A, 246; took
effect July 1, 1874.<''^

6943. 1'erm of hiring when no limit is fixed.

Sec. 1943. A hiring of real proj)erty, other than lodgings and dwelling-houses,
in places where there is no usage on the subject, is presumed to be for one year
from its commencement, unless otherwise expressed in the hiring.

6944. Hiring of lodgings for indefinite term.

Sec. 1944. A hiring of lodgings or a dwelling house for an unspecified term
is presumed to have been made for such length of time as the parties adopt for
the estimation of the rent. Thus a hiring at a monthly rate of rent is presumed
to be for one month. In the absence of any agreement respecting the length
of time or the rent, the hiring is presumed to be monthly.

6945. Renewal of lease by lessee's continued possession.

Sec. 1945. If a lessee of real property remains in possession thereof after the
expiration of the hiring, and the lessor accepts rent from him, the parties are
•presumed to have renewed the hiring on the same terms and for the same time,
not exceeding one month when the rent is payable monthly, nor in any case one
year.

6946. Notice to quit.

Sec 1946. A hiring of real property, for a term not specified by the parties,
is deemed to be renewed as stated in the last section, at the end of the term
implied by law, unless one of the parties gives notice to the other of his inten-
tion to terminate the same, at least as long before the expiration thereof as the
term of the hiring itself, not exceeding one month.

6947. Bent, when payable.

Sec 1947. AVhen there is no usage or contract to the contrary, rents are pay-
able at the termination of the holding, when it does not exceed one year. If
the holding is by the day, week, month, quarter, or year, rent is payable at the
termination of the respective periods, as it successively becomes due.

(a) Original section: (6) Original eertion:

Sec. 1941. The lessor of a building intended for the Sec. 1'J4'2. If, within a reaeonable time after notice

occupatinn of human beings must put it into a condi- to the lessor, of dilai^dations wbicli he ought to re-

tion lit for that inirpose, and must repair all subsequent pair, bo neglects to do so, the lessee may repair

dilapidations thereof except such as are mentioned in the same himself, and deduct the expenses of such

section 19^9. repairs from the rent, or otherwiee recover it trom the

lessor.

777

6948-G959 CIVIL CODE.

6948. Attornment of a tenant to a i^tranger.

Sec. 194:8. The attornment of a tenant to a stranger is Toid, unless it is made
with the consent of the landlord, or in consequence of a judgment of a coixrt of
comjDetent jurisdiction.

6949. Tenant must deliver notice served on Mm.

Sec. 1949'. Every tenant who receives notice of any proceeding to recover the
real i^roperty occupied by him, or the possession thereof, must immediately
inform his landlord of the same, and also deliver to the landlord the notice, if
in writing, and is responsible to the landlord for all damages which he may
sustain by reason of any omission to inform him of the notice, or to deliver it
to him if in writiug. [Amendment, approved IlarchdO, 1874; Amendments 1873-4,
24G; took efect July 1, 1874.^^'

6950. Letting parts of rooms forbidden.

Sec. 1950. One who hires part of a room for a dwelling is entitled to the
whole of the room, notwithstanding any agreement to the contrary; and if a
landlord lets a room as a dwelling for more than one family, the person to whom
he first lets any part of it is entitled to the possession of the whole room for the
term agreed ujion, and every tenant in the biiilding, under the same landlord,
is relieved from all obligation to pay rent to him while such double letting of
any room continues.

CHAPTEE III.

HIRING OF PERSONAL PROPERTY.

6955. OhUgafions of letter of piersonal property .

Sec. 1955. One who lets personal property must deliver it to the hirer, secure
his quiet enjoyment thereof against all lawful claimants, put it into a condition
fit for the purpose for which he lets it, and rei:)air all deteriorations thereof not
occasioned by the fault of the hirer and not the natural result of its use.

6956. Ordinary expenses.

Sec. 195G. A hirer of personal property must bear all such expenses concern-
ing it as might naturally be foreseen to attend it during its use by him. All
other expenses must be borne b}^ the letter.

6957. Extraordinary expenses.

Sec 1957. If a letter fails to fulfill his obligations, as prescribed by section
1955, the hirer, after giving him notice to do so, if such notice can conveniently
be given, may expend any reasonable amount necessary to make good the letter's
default, and may recover such amount from him.

6958. Return oftJnng hired.

Sec. 1958. At the expiration of the term for which personal property is hired,
the hirer must return it to the letter at the place contemplated by the parties at
the time of hiring; or, if no particular place was so contemplated by them, at
the place at which it was at that time.

6959. Charter party, v:hat.

Sec 1959. The contract by which a ship is let is termed a charter-party. By
it the owner may either let the capacity or burden of the shii^, continuing the
employment of the owner's master, crew, and equipments, or may surrender
the entire ship to the charterer, who then provides them himself. The master
or a part owner may be a charterer.

(a) The original Bection couHiBted of the firfit clause alone, down to and including the word " same."

778

SEKVICE. G965-G976

TITLE YI.

Chapter I. Service with Employment G9G5

II. Particular Employments 7009

III, Service without Employment 7078

CHAPTEE I.

SERVICE WITH EMPLOYMENT.

Article I. Dkfinition of Employment 6965

II. Obligations of thk Employeu 6969

III. Obligations of the Employee 6975

IV, Teemination of Employment 699G

ARTICLE I,

definition of employment,
6965. Employment, what.

Sec. 1965, The contract of emiiloyment is a contract by wLicli one, who is
called the employer, engages another, who is called the employee, to do some-
thing for the benefit of the employer, or of a third person,

ARTICLE n,

obligations of the employer.

6969. When employer must indemnify employee.

Sec 1969, An employer must indemnify his employee, except as prescribed
in the next section, for all that he necessarily expends or loses in dii'ect conse-
quence of the discharge of his duties as such, or of his obedience to the direc-
tions of the employer, even though unlawful, unless the employee, at the time
of obeying such directions, believed them to be unlawful.

6970. When not.

Sec 1970. An employer is not bound to indemnify his emploj-ee for losses
suffered by the latter in consequence of the ordinary risks of the business in
which he is employed, nor in consequence of the negligence of another person,
employed by the same employer in the same general business, unless he has
neglected to use ordinary care in the selection of the culpable employee.

6971. Employer to indemnify for his own negligence.

Sec 1971, An employer must in all cases indemnify his employee for losses
caused by the former's want of ordinary care,

ARTICLE III,

obligations of the employee.

6975, Duties of gratuitous employee.

Sec 1975, One who, without consideration, undertakes to do a service for
another, is not bound to perform the same, but if he actually enters upon its
performance, he must use at least slight care and diligence therein.

6976. ^a?7ie.

Sec 1976. One who, by his own special request, induces another to intrust
him with the performance of a service, must perform the same fully. In other
cases, one w^ho undertakes a gratuitous service may relinquish it at any time,

779

6977-G9SG CR^IL CODE.

6977. Same.

Sec. 1977. A gratuitous employee, who accepts a written power of attorney,
must act under it so long as it remains in force, or until he gives notice to his
employer that he will not do so,

6978. Duties of employee for reward.

Sec. 1978. One who, for a good consideration, agrees to serve another, must
perform the service, and must use ordinary care and diligence therein, so long
as he is thus employed.

6979. Duties of employee for Im oicn benefit.

Sfx. 1979. One who is employed at his own request to do that which is more
for his own advantage than for that of his employer, must use great care and
diligence therein to protect the interest of the latter.

6980. Contracts for service limited to tivo years.

Skc. 1980. A contract to render personal sei-vice, other than a contract of
apprenticeship, as provided in the chapter on master and servant, cannot be
enforced against the employee beyond the term of two years from the commence-
ment of service under it;, but if the employee voluntarily continues his service
under it beyond that time, the contract may be referred to as affording a pre-
sumptive measure of the compensation.

6981. Employee, duty of.

Sec. 1981. An emjoloyee must substantially comply with all the directions of
his employer concerning the service on which he is engaged, except where such
obedience is impossible or unlawful, or would impose new and unreasonable
biu'dens upon the employee. [Amendment, approved March 30, 1874; Amend-
ments 1873-4, 246; took effect July 1, 1874.'"^

6982. Employee to conform to usage.

Sec 1982. An employee must perform his sei^ice in conformity to the usage
of the place of performance, unless otherwise directed by his employer, or
unless it is impracticable, or manifestly injurious to his employer to do so.

6983. Degree of skill required.

Sec. 1983. An employee is bound to exercise a reasonable degree of skill,
unless his employer has notice, before employing him, of his want of skill.

6984. Must use skill.

Sec. 1984. An employee is always bound to use such skill as he jDossesses, so
far as the same is required, for the service specified. [Amendment, approved
March 30, 1874; Amendments 1873-^, 247; took efj'ect July 1, 1874.""

6985. WJiut belongs to employer.

Sec. 1985. Everything which an employee acquires by virtue of his emploj'-
ment, except the compensation, if any, which is due to him from his employer,
belongs to the latter, whether acquired lawfully or unlawfully, or during or
after the expiration of the term of his emploj'ment.

6986. Duly to account.

Sec. 198G. An employee must, on demand, render to his employer just
accounts of all his transactions in the course of his service, as often as may be

(a) Ori^nal section: cousulted, and in which non-compliance is judged by

Heo I'JHl. An cinployt'e muKt BnbHtantinlly comply the employee in good faith, and in the exercise of rea-

■with oil the directions of his employer c<jui-erniiig the eouable discretion, to be absolutely necessary lor the

Bervlce ou which he is engaged, even though contrary protection of the employer's interests. In all such

to the provisions of this title, except wliere sucli obe- cases the employee must conform as nearly to the di-

dience is impossible or unlawful, or would impose new rections of his employer as may be reasonably prac-

and unreasonable burdens upon the employee, or in ticable, and most for the interest of the latter,

case of an emergency which, according to the best in- (b) The original section did not have the words,

formation wliicU the employee can with reasonable " so far as the same is reriuired, for the service speci-

dlUgence <jl)tain, the employer did not contemplate, fled."
In which he cannot, with reaeonable diligence, be

780

SEEVICE. 698G-G998

reasonable, and mnst, witliont demand, give prompt notice to his employer of
everything which he receives for his account.

6987. Employee not hovnd to deliver xdthout demand.

Sec. 1987. An employee who receives anything on account of his employer,
in any capacity other than that of a mere servant, is not bound to deliver it to
him until demanded, and is not at liberty to send it to him from a distance,
without demand, in any mode involving greater risk than its retention by the
emjiloyee himself.

6988. Preference to employer's interests.

Sec. 1988. An employee who has any business to transact on his own account,
similar to that intrusted to him by his employer, must always give the latter
the preference. [Ameiidment, approved Ilarxh 30, 1874; Amendments 1873-4,
247; took effect July 1, 1874.^"^

6989. Responsibility of employee for substitute.

Sec. 1989. An employee who is expressly authorized to employ a substitute
is liable to his principal only for want of ordinary care in his selection. The
substitute is directly resjponsible to the principal.

6990. Responsibility for negligence.

Sec. 1990. An employee who is guilty of a culpable degi-ee of negligence is
liable to his employer for the damage thereby caused to the latter; and the em-
ployer is liable to him, if the service is not gratuitous, for the value of such
services only as are properly rendered. «

6991. Surviving employee.

Sec 1991. "Where service is to be rendered by two or more persons jointly,
and one of them dies, the survivor must act alone, if the service to be rendered
is svich as he can rightly perform without the aid of the deceased person, but
not otherwise.

6992. Confidential employment.

Sec. 1992. The obligations peculiar to confidential employments are defined
in the title on trusts.

AKTICLE IV.

TERMINATION OF EMPLOYMENT.

6996, Termination by death, etc. , of employer.

Sec 1996. Every employment in which the power of the employee is not
coupled with an interest in its subject is terminated by notice to him of:

1. The death of the employer; or,

2. His legal incapacity to contract.

6997, Employment, hoiv terminated.

Sec 1997. Eveiy employment is terminated:

1. By the expiration of its appointed term;

2. By the extinction of its subject;

3. By the death of the employee; or,

4. By his legal incapacity to act as such.

6998, Continuance of service in certain cases.

Sec 1998. An employee, unless the term of his service has expired, or unless
he has a right to discontinue it at any time without notice, must continue his
service after notice of the death or incapacity of his employer, so far as is
necessary to protect from serious injury the interests of the employer's successor

(a) The original section had an additional sentence their relative urgency, or, other things being equal,

as follows: according to the order In which they were committed

"If intrusted with similar affairs by different em- to him,"
ployers, he must give them preference according to

781

6998-7011 CIVIL CODE.

in interest, until a reasonable time after notice of the facts has been commu-
nicated to such successor. The successor must compensate the employee for
such sen'ice according to the terms of the contract of employment.

6999. Termiimtion at ivill.

Sec. 1999. An employment having no specified tenn may be terminated at
the will of either party, on notice to the other, except where otherwise provided
by this title.

7000. Termination by employer for fault.

Sec. 2000. An employment, even for a specified term, may be terminated at
any time by the employer, in case of any willful' breach of duty by the em-
ployee in the course of his employment, or in case of his habitual neglect of his
duty or continued incapacity to perform it.

7001. Termination by employee for fault.

Sec. 2001. An employment, even for a specified term, may be terminated by
the employee at any time, in case of any willful or permanent breach of the
obligations of his employer to him as an employee.

7002. Compensation of employee dismissed for cause.

Sec 2002. An employee, dismissed by his employer for good cause, is not
entitled to any compensation for services rendered since the last day upon
which a payment became due to him under the contract.

7003. Compensation of employee leaving for cause.

Sec. 2003. An employee who quits the service of hisemplo^'er for good cause
is entitled to such proportion of the compensation which would become due in
case of full performance as the services which he has already I'endered bear to
the services which he was to render as full performance.

CHAPTER II. .

PABTICULAR EMPLOYMENTS.

Article I. Mastkr and Servant 7009

ir. Agknts 7019

III. Factors 70'2G

IV. Shipmastkrs 7034

V. Matks and Seamen 7048

VI. Ships' Managers 7070

AETICLE I.

MASTER AND SERVANT.

7009. Serrant, ichaf.

Sec. 2009. A servant is one who is employed to render personal service to
his employer, otherwise than in the pursuit of an independent calling, and who
in such service remains entirely under the control and direction of the latter,
who is called his master.

7010. Term cf hiring.

Sec 2010. A servant is presumed to have been hired for such length of time
as the parties adopt for the estimation of wages. A hiring at a yearly rate is
presumed to be for one year; a hiring at a daily rate, for one day; a hiring by
pi('<;e work, for no specified term.

7011. Same.

Sec 2011. In the absence of any agreement or custom as to the term of ser-
vice, tlie time of payment, or rate or value of wages, a servant is presumed
to be hired by the montli, at a monthly rate of reasonable wages, to be paid
when the sen'ice is performed.

782

SERVICE, 7012-7027

7012. Benewal of hiring.

Sec. 2012. Where, after the expiration of an agreement respecting the Avages
and the term of service, the j)arties continue the rehition of master and servant,
they are presumed to have renewed the agreement for the same wages and term
of service,

7013. Time of service.

Sec. 2013, The entire time of a domestic servant belongs to the master; and
the time of other servants to such an extent is usual in the business in which
they serve, not exceeding in any case ten hours in the day.

7014, Servant to pay over without demand.

Sec. 2014, A servant must deliver to his master, as soon as with reasonable
diligence he can find him, everything that he receives for his account, without
demand; but he is not bound, without orders from his master, to send anything
to him through another person.

7015, When servant may he discharged.

Sec, 2015. A master may discharge any servant, other than an apprentice,
whether engaged for a fixed term or not :

1. If he is guilty of misconduct in the course of his service, or of gross immo-
rality, though unconnected with the same; or,

2. If, being employed about the person of the master, or in a confidential
position, the master discovers that he has been guilty of misconduct, before or
after the commencement of his service, of such a nature that, if the master had
known or contemplated it, he would not have so employed him.

ARTICLE II.

AGENTS,

7019, Agent to conform to his authority.

Sec. 2019. An agent must not exceed the limits of his actual authority, as
defined by the title on agency.

7020, Must keep his principal informed.

Sec. 2020. An agent must use ordinary diligence to keej^ his principal in-
formed of his acts in the course of the agency,

7021, Collecting agent.

Sec. 2021, An agent employed to collect a negotiable instrument must collect
it promptly, and take all measures necessary to charge the parties thereto, in
case of its dishonor; and, if it is a bill of exchange, must present it for accept-
ance with reasonable diligence.

7022, Responsibility of sub-agent.

Sec. 2022. A mere agent of an agent is not responsible as such to the prin-
cipal of the latter.

ARTICLE III.

FACTORS.

7026, Factor, what.

Sec. 202G. A factor is an agent who, in the pursuit of an independent calling,
is emj^loyed by another to sell property for him, and is vested by the latter
with the possession or control of the property, or authorized to receive payment
therefor from the purchaser.

7027. Obedience required from factor.

Sec, 2027. A factor must obey the instructions of his princiijal to the same
extent as any other employee, notwithstanding any advances he may have made
to his principal upon the property consigned to him, exce^it that if the j^rincipal

78a

7027-7041 CIVIL CODE.

forbids him to sell at the market price, he may, nevertheless, sell for his reim-
bursement, after giving to his jorincipal reasonable notice of his intention to do
so, and of the time and place of sale, and proceeding in all respects as a
pledgee.

7028. Sales on credit.

Sec. 2028. A factor may sell property consigned to him on such credit as is
usual; but, having once agreed with the purchaser upon the term of credit, may
not extend it.

7029. Liabilitij of factor under guaranty co7nmission.

'Sec. 2029. A factor who charges his principal with a guaranty commission
upon a sale, thereby assumes absolutely to pay the price when it falls due, as if
it were a debt of his own, and not as a mere guarantor for the purchaser; but
he does not thereby assume any additional responsibility for the safety of his
remittance of the proceeds.

7030. Factor cannot relieve himself from liability.

Sec. 2030. A factor who receives property for sale, under a general agreement
or usage to giiarantee the sales or the remittance of the proceeds, cannot
relieve himself from responsibility therefor without the consent of his principal.

ARTICLE IV.

SHIPMASTERS.

7034. Appointment of master.

Sec. 2034. The master of a ship is ai^pointed by the owner, and holds during
his pleasure.

7035. When must be on board.

Sec. 2035. The master of a ship is bound to be always on board when enter-
ing or leaving a port, harbor or river.

7036. Pilotage.

Sec. 2036. On entering or leaving a port, harbor. or river, the master of a ship
must take a pilot if one offers himself, and while the pilot is on board the navi-
gation of the ship devolves on him.

7037. Power of master over seamen.

Sec. 2037. The master of a ship may enforce the obedience of the mate and
seamen to his lawful commands by confinement and other reasonable corporal
punishment, not prohibited by acts of congress, being responsible for the abuse
of his power.

7038. Power of master ox'er lyn^^^engers.

Sec. 2038. The master of a ship may confine any person on board, during a
voyage, for willful disobedience to his lawful commands.

7039. Impressing private stores.

Sec. 2039. If, during a voyage, the ship's supplies fail, the master, with the
advice of the officers, may compel persons who have private sujiplies on board
to surrender them for the common want, on payment of their value, or giving
secui'ity therefor,

7040. When may atjandon the ship.

Sec. 2040. The master of a ship must not abandon it during the voyage, with-
out the advice of the other officers.

7041. Duties on ubaudonmenl.

Sec. 204L The master of a ship, upon al)andoning it, must carry with him,
so far as it is in his power, the money and the most valuable of the goods on
board, under penalty of being personally responsible. If the articles thus
taken are lost from causes beyond his control, he is exonerated from liability.

784

SERVICE. 7042-7055

7042. Wheyi master cannot trade on Ms own account.

Sec. 2042. The master of a ship, who engages for a common profit on the
cargo, must not trade on his own account, and if he does, he must account to
his employer for all jirofits thus made by him.

7043. Care and diligence.

Sec. 2043. The master of a ship must use great care and diligence in the per-
formance of his duties, and is responsible for all damage occasioned by his neg-
ligence, however slight.

7044. Authority of master.

Sec. 2044. The authority and liability of the master of a ship, as an agent
for the owners of the ship and cargo, are regulated by the title on agency.

ARTICLE V.

MATES AND SEAMEN.

7048. Mate, ivhat.

Sec. 2048. The mate of a ship is the officer next in rank to the master, and
in case of the master's disability he must take his place. By so doing he does
not lose any of his rights as mate.

7049. Seamen, what.

Sec. 2049. All persons employed in the navigation of a shij), or upon a voy-
age, other than the master and mate, are to be deemed seamen within the pro-
visions of this code.

7050. 3Iate and seamen, hoiv engaged and discharged.

Sec. 2050. The mate and seamen of a ship are engaged by the master, and
may be discharged by him at any j)eriod of the voyage, for willful and j^ersist-
ent disobedience or gross disqualification, but cannot otherwise be discharged
before the termination of the voyage.

7051. Unseaworthy vessel.

Sec. 2051. A mate or seaman is not bound to go to sea in a ship that is not
seaworthy; and if there is reasonable doubt of its seaworthiness, he may refuse
to proceed until a proper survey has been had.

7052 . Seamen not to lose wages or lien by agreement.

Sec 2052. A seaman cannot, by reason of any agreement, be deprived of his
lien upon the ship, or of any remedy for the recovery of his wages to w'hich he
would otherwise have been entitled. Any stipulation by which he consents to
abandon his right to wages in case of the loss of the ship, or to abandon any
right he may have or obtain in the nature of salvage, is void.

7053. Special agreement with seamen.

Sec. 2053. No special agreement entered into by a seaman can impair any of
his rights, or add to any of his obligations, as defined by law, unless he fully
understands the effect of the agreement, and receives a fair compensation
therefor.

7054. Wages depend on freightage.

Sec. 2054.* Except as hereinafter provided, the wages of seamen are due
when, and so far only as, freightage is earned, unless the loss of freightage is
owing to the fault of the owner or master.

7055. When wages, etc., begin.

Sec 2055. The right of a mate or seaman to wages and provisions begins
either from the time he begins work, or from the time specified in the agree-
ment for his beginning work, or from his presence on board, whichever first
happens.

50 785

7056-7070- CIVIL CODE.

7056. Wages, xchere voyage is broken up before departure.

Sec. 205G. "Where a voyage is "broken up before departure of tlie sliii^, the
seameu must be paid for the time they have served, and may retain for their
iudomuity such advances as they have received.

7057. Wrongful discharge.

Sec. 2057. When a mate or seaman is wrongfully discharged, or is driven to
leave the ship by the cruelty of the master on the voyage, it is then ended with
resjiect to him, and he may thereupon recover his full wages.

7058. Wages, v:hen not lost by ivreck.

Skc. 2058. In case of loss or wreck of the ship, a seaman is entitled to his
wages up to the time of the loss or wreck, whether freightage has been earned
or not, if he exerts himself to the utmost to save the ship, cargo, and stores.

7059. Certificate.

Sec. 2059. A certificate from the master or chief surviving officer of a ship,
to the effect that a seaman exerted himself to the utmost to save the ship, cargo
and stores, is presumptive evidence of the fact.

7060. Disabled seamen.

Sec. 2060. "VMiere a mate or seaman is prevented from rendering service by
illness or injur}', incurred without his fault in the discharge of his duty on the
voyage, or by being wrongfully discharged, or by a capture of the ship, he is
entitled to wages notwithstanding; but in case of a capture, a ratable deduction
for salvage is to be made.

7061. Maintenance of seamen during sickness.

Sec. 2061. If a mate or seaman becomes sick or disabled during the voyage,
without his fault, the expense of furnishing him with suitable medical advice,
medicine, attendance, and other provision for his wants, must be borne by the
ship till the close of the voyage.

7062. iJealh on the voyage.

Sec. 2062, If a mate or seaman dies during the voyage, his personal repre-
sentatives are entitled to his wages to the time of his death, if he would have
been entitled to them had he lived to the end of the voyage.

7063. Theft, etc., forfeits wages.

Sec. 2063. Desertion of the ship without cause, or a justifiable discharge by
the master during the voyage, for misconduct, or a theft of any part of the cargo
or ai:)purtenauces of the ship, or a willful injury thereto or to the ship, forfeits
all wages due for the voyage to a mate or seaman thus in fault.

7064. Seamen cannot ship goods.

Sec 2064. A mate or seaman may not, under any pretext, ship goods on his
own account without permission from the master.

7065. [Sec 2065"" was repealed by act approved March 30, 1874; Amendments
1873-4, 247; took effect July 1, 1874.]

7066. Law governing seamen.

Sec 2066. The shipment of officers and seamen, and their rights and duties,
are further regulated by acts of congress. ^

ARTICLE VI.

ship's managers.
7070. Manager, v:hal.

Sec 2070. The general agent fur the owners, in respect to the care of a ship

(a) Rcpfalcd Bcction: man, the oflfcntler, or, if it iH not known which is the

Sbc. "i!!)'..'). If any part of the cargo or appurt(!nnnr,es offender, aU tliosc of whom negligence or fault may be
of a Bhip iB embezzled or injured by the mate cr a sea- presumed, must make good the loss.

780

CARRIAGE. 7070-7085

and freight, is called the manager. If lie is a part owner, he is also called the
managing owner.

7071. Duties of manager.

Sec. 2071. Unless otherwise directed, it is the duty of the manager of a ship
to provide for the complete seaworthiness of a shiji; to take care of it in port;
to see that it is provided with necessary papers, with a proper master, mate, and
crew, and supplies of provisions and stores.

7072. Compensation,

Sec. 2072. A managing owner is presumed to have no right to compensation
for his own services.

CHAPTER III.

SEEVICE WITHOUT EMPLOYMENT.

7078. Voluntary interference ivith property.

Sec. 2078. One who officiously, and without the consent of the real or ap-
parent owner of a thing, takes it into his possession for the purpose of rendering
a service about it, must complete such service, and use ordinary care, diligence,
and reasonable skill about the same. He is not entitled to any compensation
for his service or expenses, except that he may deduct actual and necessary
expenses incurred by him about such service from any profits which his service
has caused the thing to acquire for its owner, and must account to the owner
for the residue.

7079. Salvage.

Sec 2079. Any person, other than the master, mate, or a seaman thereof,
who rescues a ship, her appurtenances or cargo, from danger, is entitled to a
reasonable compensation therefor, to be paid out of the property saved. He
has a lien for such claim, which is regulated by the title on liens; but no claim
for salvage, as such, can accrue against any vessel, or her freight, or cargo, in
favor of the owners, officers, or crew of another vessel belonging to the same
owners; but the actual cost at the time of the services rendered by one such
vessel to another, when in distress, are payable through a general average con-
tribution on the jDroperty saved. [Amendment, approved March 30, 1874;
Amendments 1873-4, 247; took effect July 1, 1874.'"^

TITLE YII.

Chapter I. Carriage in General 7085

II. Carriage of Persons 709G

III. Carriage of Property 7110

IV. Carriage of Messages 7161

V. Common Carriers 71G8

CHAPTER I.

CAKKIAGE IN GENERAL.

7085. Contract of carriage.

Sec 2085. The contract of carriage is a contract for the conveyance of prop-
erty, persons, or messages, from one place to another.

(a) The original section did not have any portion of the latter part of the above amendment, commencing
with the words " but no claim for Balvage."

787

7086-7104 CIVIL CODE.

7086. Different kinds of carriers.
Sec. 208G. Carriage is either:

1. Inland; or,

2. Marine.

7087. Marine and inland cari^iers, what.

Sec. 2U87. Carriers upon the ocean and u^^on arms of the sea are marine car-
riers. All others are inland carriers.

7088. Carriers by sea.

Sec. 2U88. Eights and duties peculiar to carriers by sea are defined by acts
of congress.

7089. Obligalions of gratuiioits carriers.

Sec 2089. Carriers without reward are subject to the same rules as employees
without reward, except so far as is otherwise provided by this title.

7090. Obligations of gratuitous carrier u-ho has begun to carinj.

Sec 2090. A carrier without reward, who has begun to perform his under-
taking, must complete it in like manner as if he had received a reward, unless
he restores the person or thing carried to as favorable a position as before he
commenced the carriage.

CHAPTEK II.

CARRIAGE OF PERSONS.

Abticle I. Geatditous Caeeiage 7096

II. Caeeiage foe Kewaed 7100

AETICLE I.

GRATUITOUS CAEEIAGE OF PERSONS.

7096. Degree of care required.

Sec 2096. A carrier of persons without reward must use ordinary care and
diligence for their safe carnage,

AETICLE 11.

carriage for reward.

7100. General duties of carrier.

Sec 2100. A earner of persons for reward must use the utmost care and
diligence for their safe carriage, must provide everything necessary for that
purjiose, and must exercise to that end a reasonable degree of skill.

7101. Vehicles.

Sec 2101. A carrier of persons for reward is bound to provide vehicles safe
and fit for the purposes to which they are put, and is not excused for default
in this respect by any degree of care.

7102. l^ot to ovrrload his veJdcle.

Sec 2102. A carrier of persons for reward must not overcrowd or overload
his vehicle.

7103. Treatment of passengers.

Sec 2103. A canier of persons for reward must give to passengers all such
accommodations as are usual and reasonable, and must treat them with civility,
and give them a reasonable degree of attention.

7104. Rate of speed and delays.

Sec 2104. A carrier of joersons for reward nii:st travel at a reasonable rate
of speed, and without any unreasonable delay, or deviation from his proj^er
route.

788

CARRIAGE. 7110-7119

CHAPTER III.

CARRIAGE OF PROPERTY.

Article I Genkral Definitions 7110

II. Obligations of tuk Carrier 7111

III. Bill of Lading 7120

IV. Freightage 713i;

V. General Average 7148

ARTICLE I.

GENEKAL DEFINITIONS.

7110. Freight, consignor, etc., wJiai.

Sec. 2110. Property carried is called fi-eigLt; the reward, if any, to be paid
for its carriage is called freightage; the person who delivers the freight to tlie
carrier is called the consignor; and the person to whom it is to be delivered is
called the consignee.

ARTICLE II.

OBLIGATIONS OF THE CABRIER.

7114. Care and diligence required of carriers.

Sec. 2114. A carrier of property for reward must use at least ordinary care
and diligence in the performance of all his duties. A carrier without reward
must use at least slight care and diligence.

7115. Carrier to obey directions.

Seo. 2115. A carrier must comply with the directions of the consignor or con-
signee to the same extent that an employee is bound to comply with those of
his employer.

7116. Confiict of orders.

Sec 2116. When the directions of a consignor and consignee are conflicting,
the carrier must comply with those of the consignor in respect to all matters
except the delivery of the freight, as to which he must comj^ly with the direc-
tions of the consignee, unless the consignor has specially forbidden the carrier
to receive orders from the consignee inconsistent with his own.

7117. Stowage, deviation, etc.

Sec. 2117. A marine carrier must not stow freight upon deck during the
voyage, except where it is usual to do so, nor make any improper deviation from
or delay in the voyage, nor do an}^ other unnecessary act which would avoid an
insurance in the usual form upon the freight.

7118. Delivery of freight.

Sec. 2118. A carrier of property must deliver it to the consignee, at the place
to which it is addressed, in the manner usual at that place.

7119. Place of delivery.

Sec 2119. If there is no usage to the contrary at the place of delivery, freight
must be delivered as follows :

1 . If carried upon a railway owned or managed by the carrier, it may be
delivered at the station nearest to the place to which it is addressed ;

2. If carried by sea from a foreign country, it may be delivered at the wharf
where the ship moors, within a reasonable distance from the place of address;
or, if there is no wharf, on board a lighter alongside the ship; or,

3. In other cases, it must be delivered to the consignee or his agent, person-
ally, if either can, with reasonable diligence, be found.

789

7120-7131 Cn^IL CODE.

7120. OUigations of carrier wlienfreigJit not delivered.

Sec. 2120. If, for any reason, a carrier does not deliver freight to the con-
signee or bis agent personally, he must give notice to the consignee of its
arrival, and keep the same in safety, upon his responsibility as a -warehouse-
man, until the consignee has had a reasonable time to remove it. If the place of
residence or business of the consignee be unknown to the carrier, he may give
the notice by letter dropped in the nearest post-office. [Amendvient, approved
March 30, 1874; Amendments 1873-4, 247; took effect July 1, 1874.^''>

7121. Carrier, how exonerated from liahilUij.

Sec. 2121. If a consignee does not accept and remove freight within a rea-
sonable time after the carrier has fulfilled his obligation to deliver, or duly
ofiered to fulfill the same, the carrier may exonerate himself from further
liability by jjlaciug the freight in a suitable warehouse, on storage, on account
of the consignee, and giving notice thereof to him. [Amendment, approved
March 30, 1874; Amendments 1873-4, 248; took effect July 1, 1874."'^

7122. [Sec. 2122'"^ was repealed by act ajjproved March 30, 1874; Amendments
1873-4, 248; took effect July 1, 1874.]

ARTICLE III.

BILL OF LADING.

7126. ^(7/ of lading, what.

Sec. 212G. A bill of lading is an instrument in writing, signed by a carrier or
his agent, describing the freight so as to identify it, stating the name of the
consignor, the terms of the contract for carriage, and agreeing or directing that
the freight be delivered to the order or assigns of a specified person at a sj^ecified
place.

7127. Bill of lading negotiable.

Sec 2127. All the title to the freight which the first holder of a bill of lading
had when he received it, passes to every subsequent indorsee thereof in good
faith and for value, in the ordinary course of business, vdth. like effect and in
like manner as in the case of a bill of exchange.

7128. Same.

Sec. 2128. When a bill of lading is made to "bearer," or in equivalent terms,
a simple transfer thereof, by delivery, conveys the same title as an indorsement.

7129. E(f<'i-t of hill of lading on rights, etc., of carrier.

Sec 2129. A bill of lading does not alter the rights or obligations of the
carrier, as defined in this chapter, unless it is plainly inconsistent therewith.

7130. ]>ilh of lading to he given to consignor.

Sec 2130. A canier must subscribe and deliver to the consignor, on demand,
any reasonable number of bills of lading, of the same tenor, expressing truly
the original contract for carriage; and if he refuses to do so, the consignor may
take the freight from him, and recover from him, besides, all damage thereby
occasioned.

7131. Carrier exonerated by delivery according to bill of lading.

Sec 2131. A can-ier is exonerated from liability for freight by deliveiy
thereof, in good faith, to any holder of a bill of lading therefor, properly in-
dorsed, or made in favor of the bearer.

(a) The original section did not have the last sen- (c) Repealed Bectlon:

tence, find inBtead of " ■warebouHc-man " it had the word Skc. 21'2'i. If a I'ouBignee of freight cannot with rea-

"CHiTic-r." BoniiMi- (lili(,'ciii-c be found, tlie carrier may place it in

(fc) The original section (lid not have the wordB " on ii Biiil.iM'- wiU'lMnisc Icpr liis account, but must give

account of the conBignee." notice thereof to the cousiguor.

790

CARRIAGE. 7132-7148

7132. Carrier may demand surrender of MR of lading before delivery.

Sec. 2132. When a carrier lias given a bill of lading, or other instrument sub-
stantially equivalent thereto, he may require its surrender, or a reasonable
indemnity against claims thereon, before delivering the freight.

ARTICLE IV.

FREIGHTAGE.

7136. When freightage in to he paid.

Sec. 2136. A carrier may require his freightage to be paid upon his receiving
the freight; but if he does not demand it then, he cannot until he is ready to
deliver the freight to the consignee.

7137. Consignor, ichen liable for freightage.

Sec. 2137. The consignor of freight is jn-esumed to be liable for the freight-
age; but if the contract between him and the carrier provides that the consignee
shall pay it, and the carrier allows the consignee to take the freight, he cannot
afterwards recover the freightage from the consignor,

7138. Consignee, when liable.

Sec. 2138. The consignee of freight is liable for the freightage, if he accepts
the freight with notice of the intention of the consignor that he shovild pay it.

7139. Natural increase of freight.

Sec. 2139. No freightage can be charged upon the natural increase of freight.

7140. Apportionment by cordract.

Sec. 2140. If freightage is apportioned by a bill of lading or other contract
made between a consignor and carrier, the carrier is entitled to payment,
according to the apportionment, for so much as he delivers.

7141. Same.

Sec. 2141. If a part of the freight is accepted by a consignee, without a
specific objection that the rest is not delivered, the freightage must be appor-
tioned and paid as to that part, though not apportioned in the oiiginal
contract.

7142. Apportionment according to distance.

Sec. 2142. If a consignee voluntarily receives freight at a place short of the
one appointed for delivery, the carrier is entitled to a just proportion of the
freightage, according to distance. If the carrier, being ready and willing,
offers to complete the transit, he is entitled to the full freightage. If he does
not thus offer comj^letion, and the consignee receives the freight only from
necessity, the carrier is not entitled to any freightage.

7143. Freight carried further than agreed, etc.

Sec. 2143. If freight is carried further, or more expeditiously, than was
agreed upon by the parties, the carrier is not entitled to additional compensation,
and cannot refuse to deliver it, on the demand of the consignee, at the place
and time of its arrival.

7144. Carrier's lien for freightage.

Sec. 2144. A carrier has a lien for freightage, which is regulated by the title
on liens.

ARTICLE V.

GENERAL AVERAGE.

7148. Jettison and general average, xchat.

Sec. 2148. A carrier by water may, when in case of extreme peril it is necessary
for the safety of the ship or cargo, throw overboard, or otherwise sacrifice, any
or all of the cargo or appurtenances of the ship. Throwing property overboard

791

7148-7161 CmL CODE.

for such pnii-)Ose is called jettison, and the loss incurred thereby is called a
general average loss.

7149. Order of jettison.

Sec. 2149. A jettison must begin with the most bulky and least valuable
article, so far as possible.

7150. By whom made.

Sec. 2150. A jettison can be made only by authority of the master of a ship,
except in case of his disability, or of an oveiTuling necessity, when it may be
made by any other person.

7151. Zo.^.9, hoio borne.

Sec. 2151. The loss incurred by a jettison, when lawfully made, must be borne
in due proportion by all that part of the ship, appurtenances, freightage, and
cargo for the benefit of which the sacrifice is made, as well as by the owner of
the thing sacrificed.

7152. General average loss, how adjusted.

Sec. 2152. The proj^ortions in which a general average loss is to be borne
must be ascertained by an adjustment, in which the owner of each separate
interest is to be charged with such proportion of the value of the thing lost as
the value of his i^art of the iDrojDcrty aifected bears to the value of the whole.
But an adjustment made at the end of the voyage, if valid there, is valid every-
where.

7153. Values, how ascertained.

Sec. 2153. In estimating values for the jDurj^ose of a general average, the
ship and appurtenances must be valued as at the end of the voyage, the freight-
age at one half the amount due on delivery, and the cargo as at the time and
place of its discharge; adding, in each case, the amount made good by contri-
bution.

7154. Tilings stowed on deck.

Sec 2154. The owner of things stowed on deck, in case of their jettison, is
entitled to the benefit of a general average contribution only in case it is usual
to stow such things on deck upon such a voyage.

7155. Application of the foregoing rules.

Sec 2155. The rules herein stated concerning jettison are equally ai^plicable
to every other voluntary sacrifice of property on a ship, or expense necessarily
incurred, for the preservation of the ship and cargo from extraordinary perils.

CHAPTEE IV.

CARRIAGE OF MESSAGES.

7161. Ohligalions of carrier of messages.

Skc 21G1. A carrier of messages for reward, other than by telegraph, must
deliver them at the place to which they are addressed, or to the person for
whom they are intended. Such carrier, by telegraph, must deliver them at
such place and to such person, provided the place of address, or the person for
whom they are intended, is within a distance of two miles from the main office
of the carrier in the city or town to which the messages are transmitted, and
the carrier is not required, in making the delivery, to j^ay on his route toll or
ferriage; but for any distance beyond one mile from such office, comjionsation
may be charged for a messenger employed by the carrier. [Amendment, ap-
proved March 30, 1874; Amendments 1873-4, 248; took effect July 1, 1874.^^>

(a) The original Bection conHibtcd of tUo first eeutence aloue, leaving out the words " other than by telegraph.'

792

CAKRIAGE. 71G2-7175

7162. Care and diligence required.

Sec. 21G2. A carrier of messages for reward must use great care and diligence
in the transmission and delivery of messages. [Amendment, approved March 30,
1874; Amendments 1873-4, 249 j took effect Juhjl, 1874.^''^

CHAPTER V.

COMMON CAllRIERS.

Article I. Common Carrikks in Genkeal 71G8

II. Common Carriers of Persons 7180

III. Common Carriers of Property 7194

IV. Common Carriers of Messages 7207

ARTICLE I.

COMMON CAKRIEKS IN GENERAL.

7168. Common carrier, what.

Sec. 21G8. Every one who offers to the public to carry persons, property, or
messages, excepting only telegraphic messages, is a common carrier of whatever
he thus offers to carry. [Amendment, approved March 30, 1874; Amendments
1873-4, 249; took effect July 1, 1874.^*>

7169. Obligation to accept freight.

Sec. 2169. A common carrier must, if able to do so, accept and carry what-
ever is offered to him, at a reasonable time and place, of a kind that he under-
takes or is accustomed to carry.

7170. Obligation not to give preference.

Sec. 2170. A common carrier must not give preference, in time, price, or
otherwise, to one person over another, except where expressly authorized by
statute.

7171. What preferences he must give.

Sec. 2171. A common carrier must always give a preference in time, and may
give a j)reference in price, to the United States and to this state.

7172. 3Iust start on time.

Sec. 2172. A common carrier must start at such time and place as he
announces to the public, unless detained by accident or the elements, or in
order to connect with carriers on other lines of travel. [Amendment, approved
March 30, 1874; Amendments 1873-4, 249; took effect July 1, 1874."=>

7173. Compensation.

Sec 2173. A common carrier is entitled to a reasonable compensation and no
more, which he may require to be paid in advance. If payment thereof is re-
fused, he may refuse to carry.

7174. Obligations, how limited.

Sec 2174. The obligations of a common carrier cannot be limited by general
notice on his i)art, but may be limited by special contract. [Amendment, ap-
proved March 30, 1874; Amendments 1873-4, 249; took effect July 1, 1874.*"'

7175. Certain agreements void.

Sec 2175. A common carrier cannot be exonerated, by any agreement made

(a) The original gectioB had an additional sentence (d) Original eection:

as follows: "A carrier liy telegraph must use the ut- Sec. 217-t. The rights and obligations of a common
most diligence therein." carrier cannot be altered by notice on his part, or by

(6) The original section did not have the -words "ex- any other means, except a written agreement between
cepting only telegraphic messages." him and the person with whom he deals.

793

7175-7181 Cn^IL CODE.

in anticipation thereof, from liability for the gross negligence, fraud, or willful
wrong of himself or his servants.

7176. Wrllfc7i contract carrier.

Sec. 2176. A passenger, consignor, or consignee, by accepting a ticket, bill of
lading, or written contract for carriage, with a knowledge of its terms, assents to
the rate of hire, the time, place, and manner of delivery therein stated; and
also to the limitation stated therein upon the amount of the carrier's lialnlity in
case property cariied in packages, trunks, or boxes, is lost or injured, when the
value of such jjroperty is not named; and also to the limitation stated therein
to the earner's liability for loss or injury to live animals carried. But his assent
to any other modification of the carrier's obligations contained in such instru-
ment can be manifested only by his signature to the same. [Ameruhnent, ap-
proved March 30, 1874; Amendments 1873-4, 249; took effect July 1, 1874.""

7177. When not liable for loss.

Sec 2177. A common carrier is not responsible for loss or miscarriage of a
letter, or j^ackage having the form of a letter, containing money or notes, bills
of exchange, or other paj^ers of value, unless he be informed at the time of its
receipt of the value of its contents. [Neiv section, approved March 30, 1874;
Amendments 1873-4, 250; took effect July 1, 1874.

ARTICLE II.

COMMON CAKEIERS OF PERSONS.

; 2180. A common currier of persons, unless his vehicle

is fitted for the reception of perm m exclusively, must receive i • i • i • £+4. if j.i

and carry a reasonable amount of luggage for each passenger, ^^^ veUlClC IS Utted lor tlie

without ciiarge, except for an excess' of weight over one hun- carrv a I'easonable amount

/toiJwo,"' o/« 'l/ZT'^1 ' ^"""'"^f "'"* '^ T'' '^'T' *' f ^ept for an excess of weight

pro/j) leio) of a Mage line, he may not receive and carry for each ^ ^

pasgeiiffer by mtch stage line, without charr/e, more than sixti/
founds of luggage. [In effect, May 8, 1878.'|

jj-

Sec. 2181. Luggage may consist of any articles intended for the use of a
passenger Avhile traveling, or for his personal equipment.

7182. Liability for luggage.

Sec 2182. The liability of a can'ier for luggage received by him with a pas-
senger is the same as that of a common carrier of propert}'.

7183. Luggage, how carried and delivered.

Sfx'. 2183. A common carrier must deliver every passenger's luggage, whether
within the prescribed weight or not, immediately vipon the arrival of the jms-
senger at his destination; and, unless the vehicle would be overcrowded or
overloaded thereby, must carry it on the same vehicle by which he carries the
passenger to whom it belonged, except that where luggage is transported by
rail, it must be checked and carried in a regular baggage car; and whenever
passengers neglect or refuse to have their luggage so checked and transjDorted,
it is can-ied at theii* risk. [Amendment, approved March 30, 1874; Amendments
1873-4, 250; took effect July 1, 1874.(''>

7184. Obligation to provide vehicles.

Sec 2184. A common carrier of persons must provide a sufficient number of
vehicles to accommodate all the passengers who can be reasonably exj)ected to
require carnage at any one time.

(a) Tho original Bt-ctifm di'l not have the clause [h) The original section had the word " belongs "

commencing with the words " and bIho to the liinita- luHtead of ■ Ijelouged," and did not have any of the

tlon stated, " and ending with " live auimalH carried." subsequent clause, commencing with the words " ex-
cept that where."

794

CARRIAGE. 7185-7197

7185. Seats for passengers.

Sec. 2185. A common carrier of persons must provide every passen^'er with a
seat. He must not overload Lis vehicle by receiving and carrying more pas-
sengers than its rated capacity allows.
7188. Rerjulations for conduct of business.

Sec. 2186. A common carrier of persons may make rules for the conduct of
his business, and may require passengers to conform to them, if they are lawful,
public, uniform in their application, and reasonable.

7187. Fare, ivhen payable.

Sec 2187, A common carrier may demand the fare of passengers, either at
starting or at any subsequent time.

7188. Ejection ofjMssengers.

Sec. 2188. A passenger who refuses to pay his fare or to conform to any
lawful regulation of the earner, may be ejected from the vehicle by the carrier.
But this must be done with as little violence as possible, and at any usual stop-
ping-place, or near some dwelling-house.

7189. Passenger ivho has not paid fare.

Sec. 2189. A passenger upon a railroad train who has not paid his fare before
entering the train, if he has been afforded an opportunity to do so, must, upon
demand, pay ten per cent, in addition to the regular rate.

7190. Fare not payable after ejection.

Sec 2190. After having ejected a passenger, a carrier has no right to require
the payment of any part of his fare.

7191. Carrier's lien.

Sec 2191. A common carrier has a lieu upon the luggage of a passenger
for the payment of such fare as he is entitled to from him. This lien is regu-
lated by the title on liens,

ARTICLE III.

COMMON CARRIERS OF PROPERTY.

7194. Liability of inland carriers for loss.

Sec 2194. Unless the consignor accompanies the freight and retains exclu-
sive control thereof, an inland common carrier of property is liable, from the
time that he accepts until he relieves himself from liability pursuant to sections
2118 to 2122, for the loss or injury thereof from any cause whatever, except:

1. An inherent defect, vice, or weakness, or a spontaneous action, of the
j)ropei'ty itself;

2. The act of a public enemy of the United States, or of this state;

3. The act of the law; or,

4. Any irresistible superhuman cause,

7195. Wheji exemjMons do not apply.

Sec 2195. A common carrier is liable, even in the cases excepted by the last
section, if his ordinary negligence exposes the property to the cause of the loss.

7196. Liability for delay.

Sec 2196, A common carrier is liable for delay only when it is caused by his
want of ordinary care and diligence. [Amendment, approved March 30, 1874;
Amendments 1873-4, 251; took effect July 1, 1874,^^>

7197. Liability of marine carriers.

Sec 2197, A marine carrier is liable in like manner as an inland carrier,
except for loss or injury caused by the perils of the sea or fire.

(a) The original section, instead of " caused by bis want of ordinary care and diligence," bad tbo words " tbe
effect of bis ordinary negligence."

795

7198-7207 CrV'IL CODE.

7198. Same.

Skc. 2198. The liability of a common carrier by sea is further regulated by
acts of congress.

7199. Perils of sea, ichaf.

Skc. 2199. Perils of the sea are from:

1. Storms and waves;

2. Rocks, shoals, and raj^ids;

3. Other obstacles, though of human origin;

4. Changes of climate;

5. The confinement necessary at sea;

6. Animals f)eculiar to the sea; and,

7. All other dangers i^eculiar to the sea.

7200. Limitation of liability without notice.

Sec 2200. A common carrier of gpld, silver, platina, or precious stones, or
of imitations thereof, in a manufactured or unmanufactured state; of time-
l^ieces of any description; of negotiable paper or other valuable writiugs; of
pictures, glass or chinaware; of statuary, silk, or laces; or of plated ware of
any kind, is not liable for more than fifty dollars upon the loss or injuiy of any
pne package of such articles, unless he has notice, upon his receipt thereof, by
mark uj^on the package or otherwise, of the nature of the freight; nor is such
carrier liable upon any package carried for more than the value of the articles
named in the receipt or the bill of lading. [Amendment, approved March 30,
1874; Amendments 1873-4, 251; took effect July 1, 1874.^=^'

7201. Di'livery of freight beyond usual route.

Sec. 2201. If a common carrier accepts freight for a place beyond his usual
route, he must, unless he stipulates otherwise, deliver it at the end of his route
in that direction to some other comj^etent carrier carrying to the place of ad-
dress, or connected with those who thus carry, and his liability ceases upon
making such delivery.

7202. Proof to be given in case of loss.

Sec 2202. If freight addressed to a place beyond the usual route of the com-
mon carrier who first received it is lost or injured, he must, within a reasonable
time after demand, give satisfactory proof to the consignor that the loss or
injuiy did not occur while it was in his charge, or he will be himself liable
therefor.

7203. Carrier's services, other than carriage and delivery.

Sec. 2203. In resi:)ect to any service rendered by a common carrier about
freight, other than its carriage and delivery, his rights and obligations are de-
fined b}' the titles on deposit and service.

7204. Sale of perishable property for freightage.

Sec 2204. If, from any cause other than want of ordinary care and diligence
on his part, a common carrier is unable to deliver jierishable property trans-
ported \)y him, and collect his charges thereon, he may cause the property to
bo sold in open market, to satisf}' his lien for freightage. [New section, ap)proved
March 30, 1874; Amendments 1873-4, 251; took effect July 1, 1874.

ARTICLE IV.

COMMON CARRIERS OF MESSAGES.

7207. Order of transmission of lelegraphu^ messages.

Sec 2207. A carrier of messages by telegraph must, if it is practicable,

fa) The original Bt-ction did not have the words " of nor did it have the last clauBe commencing with the
Statuary, bilk or lacfs; or of i^latc-d ware of any l£ind ;" words " nor is such carrier liable,"

796

TRUST. 7207-7219

transmit every such message immediately upon its receipt. But if this is not
practicable, and several messages accumulate upon his hands, he must transmit
them in the following order:

1. Messages from jjublic agents of the United States or of this state, on
public business;

2. Messages intended in good faith for immediate publication in newspapers,
and not for any secret use;

3. Messages giving information relating to the sickness or death of any
person ;

4. Other messages in the order in which they were received.

7208. Order in other cases.

Sec. 2208. A common carrier of messages, otherwise than by telegraph, must
transmit messages in the order in which he receives them, except messages from
agents of the United States or of this state, on public business, to which he
must always give priority. But he may fix uj^on certain times for the simul-
taneous transmission of messages previousl}^ received.

7209. Damages when message is refused or postponed.

Sec. 2209. Every person whose message is refused or postponed, contrary to
the provisions of this chapter, is entitled to recover from the carrier his actual
damages, and fifty dollars in addition thereto.

TITLE YIII.

®ru0t.

Chapter I. Trusts in General 7215

II. Trusts for the Benefit of Third Persons 7250

CHAPTEE I.

TRUSTS IN GENERAL.

Abticle I. Natuee and Ceeation of a TaasT 7215

II. Obligations of Tbustees 7228

III. Obligations of Thibd Persons 7213

ARTICLE I.

NATURE AND CREATION OF A TRUST.

7215. Trusts classified.

Sec. 2215. A trust is either:

1. Voluntary; or,

2. Involuntary.

7216. Voluntary trust, what.

Sec. 2216. A voluntary trust is an obligation arising out of a personal con-
fidence reposed in, and voluntarily accepted by, one for the benefit of another.

7217. Involuntary trust, what.

Sec 2217. An involuntary trust is one Avhich is created by operation of law.

7218. Parties to the contract.

Sec 2218. The person whose confidence creates a trust is called the trustor;
the person in whom the confidence is reposed is called the trustee; and the
person for whose benefit the trust is created is called the beneficiary.

7219. What constitutes one a trustee.

Sec. 2219. Every one who voluntarily assumes a relation of personal confidence

797

7219-7230 Cn^IL CODE.

■^ith auotlier is cleemed a trustee, witliin the meaning of tliis chapter, not only
as to the person -who reposes such confidence, hnt also as to all persons of
•whose aifairs he thus acquires information whicli was given to such person in
the like confidence, or over whose affairs he, by such confidence, obtains any
control.

7220. For xL'hat purpose a trust may be created.

Sec. 2220. A trust may be created for any purpose for which a contract may
lawfully be made, except as otherwise prescribed by the titles on uses and trusts
and on transfers.

7221. Voluntary trust, how created as to trustor.

Sec. 2221. Subject to the provisions of section 852, a voluntary trust is
created, as to the trustor and beneficiar}', by any words or acts of the trustor,
indicating with reasonable certainty:

1. An intention on the part of the trustor to create a trust; and,

2. The subject, purpose, and beneficiary of the trust.

7222. Hoio created as to trustee.

Sec. 2222. Subject to the provisions of section 852, a voluntary trust is
created, as to the tnistee, by any words or acts of his indicating, with reason-
able certainty:

1. His acceptance of the trust, or his acknowledgment, made upon sufficient
consideration, of its existence; and,

2. The subject, purpose, and beneficiary of the trust.

7223. Involuntary trustee, icho is.

Sec 2223. One who wrongfully detains a thing is an involuntary trustee
thereof, for the benefit of the owner.

7224. Jnvolantary trust resulting from negligence, etc.

Sec. 2224. One who gains a thing by fraud, accident, mistake, undue influ-
ence, the violation of a trust, or other wrongful act, is, unless he has some other
and better right thereto, an involuntary trustee of the thing gained, for the
benefit of the person who would otherwise have had it.

[As to involuntary deposit, see also ante, 681G.]

AETICLE II.

OBLIGATIONS OF TRUSTEES.

7228. Trustee's ohligation to good faith.

Sec. 2228. In all matters connected with his trust, a trustee is bound to act
in the highest good faith toward his beneficiary, and may not obtain any advan-
tage therein over the latter by the slightest misrepresentation, concealment,
tlu-e:it, or adverse pi-essui-e of any kind.

7229. Trustee not to use properly fur his oicnp7'ofU.

Sec 2229. A trustee may not use or deal with the trust projierty for his own
])rofit, or for any other purpose unconnected with the trust in any manner.

7230. (Jcrlain transaclions forbidden.

Sec. 2230. Neither a trustee nor any of his agents may take part in any
transaction concerning the trust in which he or any one for whom he acts as
agent has an interest, present or contingent, adverse to that of his beneficiary,
except as follows:

1. "When the beneficiary, having capacit}' to contract, with a full knowledge
of the motives of the trustee, and of all other facts concerning the transaction
which might affect his own decision, and without the use of any influence on
the part of tlie trustee, permits him to do so.

2. "When the Ijcneficiary not having capacity to contract, the proper court,
ujion the like information of the facts, grants the like permission; or,

798

TEUST. 7230-7244

3. "When some of the beuefieiaries having capacity to contract, and some not
having- it, the former grant permission for themselvea, and the proper court for
the latter, in the manner above prescribed.

7231. Ti'ustee's influence not lo he used for Jus advantnr/e.

Sec. 2231. A trustee ma}- not use the inlkience which his position gives him
to obtain any advantage from his beneficiary.

7232. Trui<tee not to assume a trust adverse to interest of beneficiary.

Sec. 2232. No trustee, so long as he remains in the trust, may undertake
another trust adverse in its nature to the interest of his beneficiary in the sub-
ject of the trust, without the consent of the latter.

7233. To disclose adverse interest.

Sec. 2233. If a trustee acquires any interest, or becomes charged with any
duty, adverse to the interest of his beneficiary in the subject of the trust, he
must immediately inform the latter thereof, and may be at once removed.

7234. Trustee guilty of fraud, ivhen.

Sec. 2234. Every violation of the provisions of the jDreceding sections of this
article is a fraud against the beneficiary of a titist.

7235. Presumption against trustees.

Sec. 2235. All transactions between a trustee and his beneficiai-y during the
existence of the trust, or while the influence acquired by the trustee remains,
by which he obtains any advantage from his beneficiary, are presumed to be
entered into by the latter without sufficient consideration, and under undue
influence.

7236. Trustee mingling trust property iviih his own.

Sec. 2236. A trustee who willfully and unnecessarily mingles the trust prop-
erty with his own, so as to constitute himself in appearance its absolute owner,
is liable for its safety in all events.

7237. Measure of liahility for breach of trust.

Sec. 2237. A trustee who uses or disposes of the trust property, contrary to
section 2229, may, at the option of the beneficiary, be required to account for
all profits so made, or to pay the value of its use, and, if he has disposed
thereof, to replace it, with its fruits, or to account for its proceeds, with interest.

7238. Same.

Sec. 2238. A trustee who uses or disposes of the trust projierty in any manner
not authorized by the trust, but in good faith, and with intent to serve the
interests of the beneficiary, is liable only to make good whatever is lost to the
beneficiary by his error.

7239. Go-trustees, how far liable for each other.

Sec. 2239. A trustee is responsible for the wrongful acts of a co-trustee to
which he consented, or which, by his negligence, he enabled the latter to com-
mit, but for no others.

AETICLE IIJ.

OBLIGATIONS OF THIRD PERSONS.

7243. Third persons, xohen involuntary trustees.

Sec. 2243. Every one to whom property is transferred in violation of a trust,
holds the same as an involuntary trustee under such trust, unless he purchased
it in good faith, and for a valuable consideration.

7244. When third person must see lo application of trust property.

Sec. 2244. One who actually and in good faith transfers any money or other
property to a trustee, as such, is not bound to see to the application thereof,

799

7244-7260 CIYIL CODE.

and his rights can in no "way be prejudiced by a misapplication thereof by the
trustee. Other persons must, at their peril, see to the proper application of
money or other property paid or delivered by them.

CHAPTEK II.

TRUSTS FOR THE BENEFIT OF THIRD PERSONS.

Aeticle I. Natuke and Creation of the Tkust 7250

II. Obligations of Tkustees 7258

III. Powers of Trustees 72(57

IV. JiiGHTS OF Trustees 727.3

T. Termination of the Trust 7279

YI. Succession or Appointment of New Trustees 7287

ARTICLE I.

NATURE AND CREATION OF THE TRUST.

7250. TT7io are trustees icitlun scope of this chcqjter.

Sec. 2250. The provisions of this chapter apply only to express trusts, created
for the benefit of another than the trustor, and in which the title to the trust
property is vested in the trustee; not including, however, those of executors,
administrators, and guardians, as such.

7251. Creation of trust.

Sec. 2251. The mutual consent of a trustor and trustee creates a trust of
which the beneficiary may take advantage at any time prior to its rescission.

7252. Trustees appointed by court.

Sec. 2252. When a trustee is a^jpointed by a couri or public officer, as such,
such court or officer is the trustor, within the meaning of the last section.

7253. Declaration of trust.

Sec. 2253. The nature, extent, and object of a trust are expressed in the dec-
laration of tiTist.

7254. Same.

Sec 2254. All declarations of a trustor to his trustees, in relation to the
trust, before its accej^tance by the trustees, or any of them, are to be deemed
part of the declaration of the trust, except that when a declaration of trust is
made in writing, all previous declarations by the same trustor are merged
therein.

ARTICLE II.

OBLIGATIONS OF TRUSTEES.

7258. Trustees must obey declaration of trust.

Sec 2258. A trustee must fulfill the purpose of the ti-ust, as declared at its
creation, and must follow all the directions of the trustor given at that time,
except as modified by the consent of all parties interested, in the same manner,
and to the same extent, as an employee.

7259. Degree (f care and diligence in execution of trust.

Sec. 2259. A trustee, whether he receives any compensation or not, must use
at least ordinary care and diligence in the execution of his trust.

7260. Duty of trustee as to appointment of successor.

Sec. 22G0. If a trustee procures or assents to his discharge from his office,
before his trust is fully executed, he must use at least ordinary care and dili-
gence to secure the appointment of a trustwoiihy successor before accepting his
own final discharge.

SCO

TRUST. 7201-.

7261. Investment of money by trustee.

Sec. 22G1. A trustee must invest money received by Lim under the tiiist, as
fast as lie collects a sufficient amount, in such manner as to aftbrd reasonable
security and interest for the same.

7262. Interest, simple or compound, on omission, to invest trust moneys.

Sec. 22G2. If a trustee omits to invest the ti-ust moneys according to the last
section, he must pay simple interest thereon, if such omission is negligent
merely, and compound interest if it is willful.

7263. Purchase by trustee of claims against trust fund.

Sec 2263. A trustee cannot enforce any claim against the tiiist property
which he purchases after or in contemplation of his appointment as trustee;
but he may be allowed, by any competent court, to charge to the trust prop-
erty what he has in good faith paid for the claim, upon discharging the same.

AETICLE III.

POWERS OF TRUSTEES.

7267. Trustee's jxnvers as agent.

Sec. 2267. A trustee is a general agent for the trust property. His authority
is such as is conferred upon him by the declaration of trust and by this chapter,
and none other. His acts, within the scope of his authority, bind the trust
property to the same extent as the acts of an agent bind his principal.

7268. All must act.

Sec 2268. Where there are several co-trustees, all must unite in any act to
bind the trust property, unless the declaration of trust otherwise provides.

7269. Discretionary poioers.

Sec 2269. A discretionary power conferred upon a trustee is presumed not
to be left to his arbitrary discretion, but may be controlled by the proper court
if not reasonably exercised, unless an absolute discretion is clearly conferred
by the declaration of trust.

AETICLE IV.

RIGHTS OF trustees.

7273. Indemnification of trustee.

Sec 2273. A trustee is entitled to the repayment, out of the tiiist j^roperty,
of all expenses actually and properly incurred by him in the performance of
his trust. He is entitled to the repayment of even unlawful expenditures, if
they were productive of actual benefit to the estate.

7274. Compensation of trustee.

Sec 2274. When a declaration of trust is silent upon the subject of compen-
sation, the trustee is entitled to the same compensation as an executor. If it
specifies the amount of his compensation he is entitled to the amount thus speci-
fied and no more. If it directs that he shall be allowed a compensation, but
does not specify the rate or amount, he is entitled to such compensation as may
be reasonable under the circumstances.

7275. Involuntary trustee.

Sec 2275. An involuntary trustee, who becomes such through his own fault,
has none of the rights mentioned in this article.

51 801

4 CIVIL CODE.

AKTICLE V.

TERMINATION OF THE TRUST.

Trust, hoxo extinguished.
Sec. 2279. A trust is extiiiguislied by the entire fulfillment of its object, or
by such object becoming impossible or unla^Yful.

7280. Not revocable.

Sec. 2280. A trust cannot be revoked by the trustor after its acceptance,
actual or jiresumed, by the trustee and beneficiaries, except by the consent of
all the beneficiaries, unless the declaration of trust reserves a power of revoca-
tion to the trustor, and in that case the power must be strictly pursued.

7281. Trustee's office, hoiv vacated.

Sec. 2281. The office of a trustee is vacated:

1. By his death; or,

2. By his discharge.

7282. Trustee, how discharged.

Sec. 2282. A trustee can be discharged from his trust only as follows:

1. By the extinction of the trust;

2. By the completion of his duties under the trust;

3. By such means as may be prescribed by the declaration of trust;

4. By the consent of the beneficiary, if he had caj)acity to contract;

5. B3' the judgment of a competent tribunal, in a direct proceeding for that
purpose, that he is of unsound mind; or,

C. By the district court,

7283. Removal by district court.

Sec. 2283. The district court may remove any trustee who has violated or is
unfit to execute the trust; or may accept the resignation of a trustee.

AETICLE VI.

SUCCESSION OR APPOINTMENT OF NEW TRUSTEES.

7287. Vacant trusteeship filled by court.

Sec. 2287. The district court may appoint a trustee whenever there is a
vacancy, and the declaration of trust does not provide a practicable method of
appointment.

7288. Survivorship betxceen co-trustees.

Sec. 2288. On the death, renunciation or discharge of one of several co-trus-
tees the trust survives to the others.

7289. District court as trustee.

Sec 2289. TMien a trust exists without any appointed tinistee, or where all
the trustees renounce, die or are discharged, the district court of the county
where the trust propei-ty, or some portion thereof is situated, must appoint
another trustee, and direct the execution of the trust. The court may, in its
discretion, appoint the original number, or any less number of trustees.

802

AGENCY. 7295-730G

TITLE TX.

Chapter I. Agency in General 721)5

II. Particular Agencies 1'M')'2

CHAPTER I.

AGENCY IN GENERAL.

Article I. Dkfinition of Agency 7293

II. Authority of Agents 7304

III. MuTLTAL Obligations of Principals and Third Persons 7330

IV. Obligations of Agents to Third Persons 7342

V . Delegation of Agency 73-i'J

VI. Termination of Agency 73.55

AETICLE I.

definition of agency.

7295. Agency, what.

Sec. 2295. An agent is one who represents another, called the principal, in
dealings with third persons. Such reiDresentation is called agency.

7296. Who may appoint, and who may be an agent.

Sec. 2296. Any person having capacity to contract may aj)point an agent, and
any person may be an agent.

7297. Agents, general or special.

Sec. 2297. An agent for a particular act or transaction is called a special
agent. All others are general agents.

7298. Agency, actual or ostensible.

Sec. 2298. An agency is either actual or ostensible.

7299. Actual agency.

Sec. 2299. An agency is actual when the agent is really employed by the
principal.

7300. Ostensible agency.

Sec. 2300. An agency is ostensible when the principal intentionally, or by
want of ordinary cai'e, causes a third person to believe another to be his agent
who is not really employed by him.

ARTICLE II.

authority of agents.

7304. What authority may he conferred.

Sec 2304. An agent may be authorized to do any acts which his principal
might do, except those to which the latter is bound to give his personal
attention.

7305. Agent may perform acts required of principal by code.

Sec 2305. Every act which, according to this code, may be done by or to
any person, may be done by or to the agent of such person for that purpose,
unless a contrary intention clearly appears.

7306. Agent cannot have authority to defraud princij^al.

Sec. 2306. An agent can never have authority, either actual or ostensible, to
do an act which is, and is known or suspected by the person with whom he
deals, to be a fraud upon the principal.

803

7307-7319 CIVIL CODE.

7307. Creation of agency.

Sec. 2307. An agency may be created, and an autliority may be conferred,
by a precedent authorization or a subsequent ratification.

7308. Consideration unnecessary.

Sec. 2308. A consideration is not necessary to make an authority, "whether
precedent or subsequent, binding upon the principal.

7309. Form of authority.

Si:c. 2309. An oral authorization is sufficient for any purpose, except that an
authority to enter into a contract required by law to be in -writing can only be
given by an instrument in writing.

7310. Ratification of agent's act.

Sec. 2310. A ratification can be made only in the inanner that would have
been necessary to confer an original authority for the act ratified, or where an
oral authorization would suffice, by accejjting or retaining the benefit of the act,
with notice thereof.

7311. Batif cation of part of a transaction.

Sec. 2311. Ratification of part of an indivisible transaction is a ratification of
the whole.

7312. When ratification void.

Sec. 2312. A ratification is not valid unless, at the time of ratifying the act
done, the princij)al has power to confer authority for such an act.

7313. Ratification not to xcork injury to third persons.

Sec 2313. No unauthorized act can be made valid, retroactively, to the preju-
dice of third persons, without their consent.

7314. Rescission of ratification.

Sec 2314. A ratification may be rescinded when made without such consent
as is required in a contract, or with an imperfect knowledge of the material
facts of the transaction ratified, but not otherwise.

7315. Measure of agent's authority.

Sec 2315. An agent has such authority as the princii:)al, actually or ostensi-
bly, confers upon him.

7316. Actual authority, ichat.

Sec 2316. Actual authority is such as a j:)rincipal intentionally confers upon
the agent, or intentionally, or by want of ordinary care, allows the agent to
believe himself to possess.

7317. Ostensible authority, u-hat.

Sec 2317. Ostensible authority is such as a principal, intentionally or by
want of ordinary care, causes or allows a third person to believe the agent to
2)Ossess.

7318. Agent's authority as to persons having notice of restrictions upon it.

Sec 2318. Eveiy agent has actually such authority as is defined by this title,
unless specially deprived thereof by his principal, and has even then such
authority ostensibly, excei)t as to persons who have actual or constructive notice
of the restriction upon his authority.

7319. Agent's nece.^.^ary authority.
Sec 2319. An agent has authority:

1. To do everj-thing necessary or proper and usual, in the ordinary course of
business, for eflecting the i»ur[)ose of his agency; and,

2. To make a re])resentation respecting any matter of fact, not including the
terms of his authority, but upon which Ijis right to use his authority depends,
and the tinith of which cannot be determined by the use of reasonable diligence
on the part of the person to whom the representation is made.

804

AGENCY. 7320-733-t

7320. Agent's poiver to disobey instrucdoiix.

Sec. 2320. An agent has power to disobey instructions in dealing- witli tlie
subject of tlie agency, in cases where it is clearly for the interest of his priii-
cij^al that he should do so, and there is not time to communicate willi the
principal.

7321. Authority to he construed by its specific, rather than t»i its (jmcral tmns.
Sec. 2321. "When an authority is given partly in general and i)artly in specific

terms, the general authority gives no higher powers than those specifically
mentioned.

7322. Exceptions to general authoritij.

Sec. 2322. An authority expressed in general terms, however broad, does
not authorize an agent:

1. To act in his own name, unless it is the usual course of business to do so;

2. To define the scoj^e of his agency; or,

3. To do any act which a trustee is forbidden to do by Article II, Chapter I,
of the last title,

7323. What included in authority to sell personal property.

Sec. 2323. An authority to sell personal property includes authority to
warrant the title of the principal, and the quality and quantity of the prop-
erty.

7324. What included in authority to sell real property .

Sec, 2324. An authority to sell and convey real property includes authority
to give the usual covenants of warranty,

7325. Authority of general agent to receive pirice of property.

Sec. 2325. A general agent to sell, who is intrusted by the principal with the
possession of the thing sold, has authority to receive the price.

7326. Authority of special agent to 7-eceive price.

Sec. 2326. A special agent to sell has authority to receive the j^rice on de-
livery of the thing sold, but not afterwards.

AKTICLE III.

MUTUAL OBLIGATIONS OF PRINCIPALS AND THIRD PERSONS,

7330. Principal, hoto affected by acts of agent ivithin scope of authority.

Sec 2330, An agent represents his principal for all purposes within the scope
of his actual or ostensible authority, and all the rights and liabilities which
would accrue to the agent from transactions within such limit, if they had been
entered into on his own account, accrue to the principal,

7331. Principal, ivheii bound by incomplete execution of authority.

Sec. 2331, A principal is bound b}' an incomplete execution of an authority,
when it is consistent with the whole purpose and scope thereof, but not other-
wise,

7332. Notice to agent, when notice to principal.

Sec, 2332. As against a principal, both principal and agent are deemed to
have notice of whatever either has notice of, and ought, in good faith and the
exercise of ordinary care and diligence, to communicate to the other.

7333. Obligation of principal when agent exceeds his authority.

Sec. 2333. "When an agent exceeds his authority, his principal is bound by
his authorized acts so far only as they can be plainly separated from those
w^hich are unauthorized.

7334. For acts done under a merely ostensiJjle axdhority.

Sec. 2334, A principal is bound by acts of his agent, under a merely osten-

^805

7334-7345 CIVIL CODE.

sible authority, to those persons only who have in good faith, and without
ordinaiy negligence, incurred a liability or parted with value, tipon the faith
thereof.

7335. When exclusive credit is given to agent.

Sec. 2335. If exclusive credit is given to an agent by the person dealing with
him, his principal is exonerated by payment or other satisfaction made by him
to his agent in good faith, before receiving notice of the creditor's election to
hold him resjDonsible.

7336. Higlits of person who deals with agent without knoioledge of agency.

Sec. 2336. One who deals with an agent w^ithout knowing or having reason
to believe that the agent acts as such in the transaction, may set off against any
claim of the princij^al arising out of the same, all claims which he might have
set off against the agent before notice of the agency.

7337. Instrument intended to hind principal does bind him.

Sec. 2337. An instrument within the scojie of his authority by which an
agent intends to bind his principal, does bind him if such intent is plainly
inferable from the instrument itself.

7338. Frincipars responsibilifg for agent's negligence or omission.

Sec. 2338. Unless required by or under the authority of law to employ that
particular agent, a principal is responsible to third persons for the negligence
of his agent in the transaction of the business of the agency, including wrong-
ful acts committed by such agent in and as a j)art of the transaction of such
business, and for his willful omission to fulfill the obligations of the principal.

7339. Principal's rcsponsibHiiy for icrongs iviUfuUy committed bg the agent.

Sec. 2339. A principal is responsible for no other wrongs committed hj his
agent than those mentioned in the last section, unless he has authorized or rati-
fied them, even though they are committed while the agent is engaged in his
sen-ice.

AKTICLE IV.

OBLIGATIONS OF AGENTS TO THIRD PERSONS.

7342. Warranty of authority.

Sec. 2342. One who assumes to act as an agent thereby Avarrants, to all who
deal with him in that capacity, that he has the authority which he assumes.

7343. Agent's responsibility to third persons.

Sec. 2343. One who assumes to act as an agent is responsible to third persons
as a principal for his acts in the course of his agency, in any of the following
eases, and in no others:

1 . "When, with his consent, credit is given to him jDcrsonally in a transaction;

2. AVhen he enters into a written contract in the name of his principal, with-
out believing, in good faith, that he has authority to do so; or,

3. AN'hen his acts are wrongful in their nature.

7344. Obligation of agent to surrender property to third person.

Sec. 2344. If an agent receives anything for the benefit of his principal, to
the possession of which anotlier person is entitled, he must, on demand, sur-
render it to such person, or so much of it as he has under his control at the
time of demand, on being indemnified for any advance which he has made to
his principal, in good faith, on account of the same; and is responsible therefor,
if, after notice from the owner, he delivers it to his principal.

7345. Agent not having capacity to contract.

Si;c. 2345. The provisions of this article are subject to the provisions of Part
I, Division Fii'st, of this Code.

80G

AGENCY. 7349-73G2

• ARTICLE V.

DELEGATION OF AGENCY,

7349. Agent's delerjntion of his poxvers.

Sec. 2349. An agent, unless specially forbidden by his principal to do so, can
delegate bis powers to another person in any of the following cases, and in no
others :

1. When the act to be done is purely mechanical;

2. When it is such as the agent cannot himself, and the sub-agent can law-
fully perform;

3. When it is the usage of the place to delegate such powers; or,

4. When such delegation is specially authorized by the princii)al.

7350. Agent's unauthorized employment of sub-agent.

Sec. 2350. If an agent employs a sub-agent without authority, the former is
a principal and the latter his agent, and the principal of the former has no con-
nection with the latter.

7351. Sub-agent rightfully appointed represents principal.

Sec. 2351. A sub-agent, lawfully appointed, represents the principal in like
manner with the original agent; and the original agent is not responsible to
third jDcrsons for the acts of the sub-agent.

ARTICLE VI. •

TEEMINATION OF AGENCY.

7355. Termination of agency.

Sec 2355. An agency is terminated, as to every person having notice thereof,
by:

1. The expiration of its term;

2. The extinction of its subject;

3. The death of the agent;

4. His renunciation of the agency; or,

5. The incapacity of the agency to act as such,

7356. Same.

Sec 2356. Unless the power of an agent is coupled with an interest in the
subject of the agency, it is terminated, as to every person having notice thereof,
by:

1. Its revocation by the principal;

2. His death; or,

3. His incajDacity to contract.

CHAPTER II.

PARTICULAR AGENCIES.

Abticle I. Auctioneers ' "^^2

II. Factoes 7367

III. ShIPMASTEES AND PiLOTS I'HZ

IV. Ships' Managees 7388

ARTICLE I.

auctioneers.

7362. Auctioneer's authority from the seller.

Sec 2362. An auctioneer, in the absence of special authorization or usage to
the contrary, has authority from the seller, only as follows:

807

7362-7376 CIVIL CODE.

1. To sell by public auction to the highest bidder;

2. To sell for cash only, except such articles as are usually sold on credit at
auction;

3. To warrant, in like manner with other agents to sell, according to section
2323;

4. To prescribe reasonable rules and terms of sale;

5. To deliver the things sold, upon payment of the price;

6. To collect the price; and,

7. To do whatever else is necessary, or proper and usual, in the ordinary
course of business, for effecting these purposes.

7363. Auctioneer's authority from the bidder.

Sec. 2363. An auctioneer has authority from a bidder at the auction, as well
as from the seller, to bind both by a memorandum of the contract as j^rescribed
in the title on sale.

ARTICLE II.

FACTORS.

7367. Factor, xohat.

Sec 23G7. A factor is an agent, as defined by section 202G.

7368. Actual authority of factor.

Sec 23G8. In addition to the authority of agents in general, a factor has
actual authority from his princijDal, unless specially restricted:

1. To insure property consigned to him uninsured;

2. To sell, on credit, anything intrusted to him for sale, except such things
as it is contrary to usage to sell on credit; but not to pledge, mortgage, or
barter the same; and,

3. To delegate his authority to his partner or servant, but not to any person
in an independent employment.

7369. Ostensible authority.

Sec 2369. A factor has ostensible authority to deal with the property of his
jirincipal as his own, in transactions with persons not ha\'ing notice of the actual
ownershij).

ARTICLE III.

SHIPMASTERS AND PILOTS.

7373. Authority of shipmaster on be] lalf of shipowner.

Sec 2373. The master of a ship is a general agent for its owner in all matters
concerning the same.

7374. Autliority to horroio.

Sec 2374. The master of a ship has authority to borrow monc}^ on the credit
of its owner, if it is necessary to enable him to complete the voyage, and if
neither the owner nor his proper agent for such matters can be consulted with-
out injurious delay.

7375. Authority of shipmaster.

Sf:c. 2375. The master of a ship, during a voyage, is a general agent for each
of the owners of the cargo, and has authority to do whatever they might do for
the preservation of their respective interests, but he cannot sell or hypothecate
the cargo, except in the cases mentioned in this article. [Amendment, approved
March 30, 1874; Amendments 1873-4, 251; took effect July 1, 1874.^''>
IdTlQ. Power to make contracts.

Sec 2376. The master of a ship may procure all its necessary repairs and
supplies, may engage cargo and passengers for carriage, and, in a foreign port,

(a) The original Bection after " interests " bad only tlie words " except to sell or hji'othecate the same."

808

AGENCY. 737G-7385

niaj^ enter into a charter-party; and Lis contracts for those purposes bind the
owner to the full amount of the value of the ship and freightage.

7377. Power of shipmaster to Ixypothccate.

Sec. 2377. The master of a ship may hypothecate the ship, freiglitage and
cargo, and sell part of the cargo, in the cases prescribed bj' the chapters on
bottomry and respondentia, and in no othei's, except that the master may also
sell the cargo or any part of it short of the jiort of destination, if found to be of
such perishable nature, or in such damaged condition that if left on board or
reshipped, it would be entirely lost, or would seriously endanger the interests
of its owners. [Amendment, approved March 30, 1874 ; Amendments 1873-4,
252; took effect July 1, 1874.<''>

7378. Master's poioer to sell ship.

Sec. 2378. When a ship, whether foreign or domestic, is seriously injured, or
the voyage is otherwise broken up, beyond the possibility of pursuing it, the
master, in case of necessity, may sell the ship without instructions from the
owners, unless by the earliest use of ordinary means of communication he can
inform the owners, and await their instructions.

7379. Master' s power to sell cargo.

Sec. 2379. The master of a ship may sell the cargo, if the voyage is broken
up beyond the possibility of pursuing it, and no other ship can be obtained to
carry it to its destination, and the sale is otherwise absolutely necessary.

7380. Authority to ransom ship.

Sec. 2380. The master of a ship, in case of its capture, may engage to
pay a ransom for it, in money or in part of the cargo, and his engagement will
bind the ship, freightage, and cargo.

7381. Abandonment terminates master's poiver.

Sec 2381. The power of the master of a ship to bind its owner, or the owners
of the cargo, ceases upon the abandonment of the ship and freightage to
insurers.

7382. Personal liability for contracts concerning the shijy.

Sec 2382. Unless otherwise expressly agreed, or unless the contracting
parties give exclusive credit to the owner, the master of a ship is personally
liable ujDon his contracts relative thereto, even when the owner is also liable.

7383. Liability for acts of iiersons employed upon the ship.

Sec 2383. The master of a ship is liable to third persons for the acts or neg-
ligence of persons employed in its navigation, whether aj)pointed by him or not,
to the same extent as the owner of the ship.

7384. Responsibility for negligence of pilot.

Sec 2384. The owner or master of a ship is not responsible for the negligence
of a pilot whom he is bound by law to employ; but if he is allowed an option
betweeji^ pilots, some of whom are competent, or is required only to pay com-
pensation to a pilot, whether he employs him or not, he is so responsible to
third persons.

7385. Obligations of shipowner to owner of cargo.

Sec 2385. The owner of a ship is bound to pay to the owner of her cargo the
market value at the time of arrival of the ship at the port of her destination, of
that portion of her cargo which has been sold to enable the master to pay the
necessary repairs and supplies of the ship. [New section, approved March 30,
1874; Amendments 1873-4, 252; took effect July 1, 1874.

(a) Original section: tlie chapters on bottomry and respondentia, and in no

Sec. 2377. The master of a ship may hypothecate the others,
ship, freightage, and cargo in the cases prescribed by

809

7388-7402 CIVIL CODE.

ARTICLE IV.

ships' managers.

7388. What poioers manager has.

Sec. 2388. A ship's manager has iDOwer to make contracts requisite for the
performance of his duties as such; to enter into charter-parties, or make con-
tracts for carriage; and to settle for freightage and adjust averages.

7389. What poioers he has not.

Sec. 2389. "Without special authority a shijj's manager cannot borrow mone}--
or give up the lien for freightage, or purchase a cargo, or Lind the owners of
the ship to an insui'ance.

TITLE X.

Chapter I. Partnership in General 7395

II. General Partnership 7424

III. Speclil Partnership 7477

IV. Mining Partnership 7511

CHAPTER I.

PARTNERSHIP IN GENERAL.

Article I. What Constitutes a Partnership 7395

II. Partnership Property 7401

III. Mutual Obligations or Partners 7410

lY. IIencnciation of Partnership 7417

ARTICLE I.

WHAT constitutes A PARTNERSHIP.

7395. Partnership, what.

Sec. 2395. Partnership is the association of two or more persons, for the
purpose of caiiying on business together, and dividing its profits between them.

7396. Shipoioners.

Sec 239G. Part owners of a ship do not, by simply using it in a joint enter-
prise, become partners as to the ship.

7397. Formation of partnership.

Sec 2397. A pai'tnership can be formed only by the consent of all the parties
thereto, and therefore no new partner can be admitted into a partnership with-
out the consent of ever}' existing member thereof.

ARTICLE II.

PARTNERSHIP PROPERTY.

7401. Partnership properly, xulial.

Sec 2401. The pro^jerty of a partnership consists of all that is contributed to
the common stock at the formation of the partnershij), and all that is subse-
quently acquired thereby.

7402. Partner's interest in pjartnership prf>2)ert)j.

Sec. 2402. The interest of each member of a partnership extends to every
portion of its property.

810

PAKTNERSHIP. 7403-7417

7403. Partner's share in 2>rofits and losses.

Sec. 2403. In the absence of any agreement on the subject the shares of
partners in the profit or loss of the business are equal, and the share of each
in the partnership property is the value of his original contribution, increased
or diminished by his share of profit or loss.

7404. Wlien division of losses implied.

Sec. 2404. An agreement to divide the profits of a business implies an agree-
ment for a corresponding division of its losses, unless it is otherwise expressly
stijDulated.

7405. Partner may require application of partnership property to payment of

debts.

Sec. 2405. Each member of a partnership may require its property to l>e ap-
plied to the discharge of its debts, and has a lien upon the shares of the other
l^artners for this purpose, and for the payment of the general balance if any
due to him.

7406. What jyropeiiy is partnership property by presumption.

Sec. 2406. Property, whether real or personal, acquired with partnership
funds, is presumed to be partnership property.

ARTICLE III.

MUTUAL OBLIGATION OF PARTNERS.

7410. Partners trustees for each other.

Sec. 2410. The relations of partners are confidential. They are trustees for
each other within the meaning of Chapter I of the title on trusts, and their ob-
ligations as such trustees are defined by that chapter.

7411. Good faith to be observed between them.

Sec. 2411. In all proceedings connected wdth the formation, conduct, disso-
lution, and liquidation of a joartnership, every partner is bound to act in the
highest good faith toward his cojDartners. He may not obtain any advantage
over them in the partnership affairs by the slightest misrepresentation, con-
cealment, threat, or adverse pressure of any kind.

7412. Mutual liability of partners to account.

Sec. 2412. Each member of a partnership must account to it for even'thing
that he receives on account thereof, and is entitled to reimbursement therefrom
for everything that he proj^erly expends for the benefit thereof, and to be in-
demnified thereby for all losses and risks which he necessarily incurs on its
behalf.

7413. No compensation for services to firm.

Sec. 2413. A partner is not entitled to any compensation for services rendered
by him to the partnership.

ARTICLE IV.

RENUNCIATION OF PARTNERSHIP.

7417. Renunciation of future profits exonerates from liahiWy.

Sec 2417. A partner may exonerate himself from all future liability to a third
person, on account of the partnership, by renouncing, in good faith, all partici-
pation in its future profits, and giving notice to such third person, and to his
own copartners, that he has made such renunciation, and that, so far as may be
in his power, he dissolves the partnership and does not intend to be liable on
account thereof for the future.

811

7418-7431 Cn^IL CODE.

7418. Effect of renunciation.

Sh:c. 2418. After a partner bas given notice of bis renunciation of the jiartner-
sliip, lie cannot claim any of its subsequent profits, and his copartners may pro-
ceed to dissolve the partnership.

CHAPTER II.

GENERAL PARTNERSHIP.

Article I. "What is a Gknkral Partnership 7424

II. Powers and Authority of Partners 7428

III. Mutual Obligations of Partners 7435

IV. Liability of Partners 7442

V. Termination of Partnership 7449

TI. Liquidation 7458

"\^I . Of the Use of Fictitious Names 74G6

ARTICLE I.

WHAT IS A GENEK.\L PARTNEKSHIP.

7424. General partnership, what.

Sec. 2424. Every i)ai"tnership that is not fonned in accordance with the law
concerning special or mining partnerships, and every sj)ecial partnership, so far
only as the general jjartners are concerned, is a general partnership.

ARTICLE II.

POWERS AND AUTHORITY OF PARTNERS.

7428. Poicer of majority ofjxirtners.

Sec. 2428. Unless othenvise expressly stipulated, the decision of the majority
of the members of a general XDartnershij) binds it in the conduct of its business.

7429. Authority of individual partner.

Sec 2429. Every general partner is agent for the partnership) in the transac-
tion of its business, and has authority to do whatever is necessary to carry on
such business in the ordinary manner, and for this purpose may bind his co-
partners by an agreement in writing.

7430. What authority pjartner has not.

Sec. 2430. A partner, as such, has not authority to do any of the following
acts, unless his copartners have wholly abandoned the business to him, or are
incapable of acting:

1. To make an assignment of the partnershiii property or any portion thereof
to a creditor, or to a third person in trust for the benefit of a creditor or of all
creditors;

2. To dispose of the good will of the business;

3. To dispose of the whole of the partnership property at once, unless it
consists entirely of merchandise;

4. To do any act which would make it impossible to carry on the ordinary
business of the partnership;

5. To confess a judgment;

6. To submit a partnershii) claim to arbitration;

7. To do any other act not within the scope of the i:)receding section.

7431. Partner's acAs in bad faith, tcJien inpffectaal.

Sec. 2431. A partner is not bound by any act of a copartner, in bad faith
toward him, though witliin the scope of the partner's powers, excej^t in favor
of persons who have in good faith parted with value in reliance upon such act.

812

PARTNERSHIP, 7435-7450

ARTICLE III.

MUTUAL OBLIOATIONS OF PARTNEHS,

7435 . Profits of individual partner.

Sec, 2435. All profits made by a general partner, in the eoui-se of any busi-
ness usually carried on by the partnership, belong to the firm.

7436. In ivhat b2isiness partner viay not engage.

Sec. 2436. A general j^artner, who agrees to give his personal attention to
the business of the i^artnership, may not engage in any business -which gives
him an interest adverse to that of the partnership, or which prevents him from
giving to such business all the attention Avhich would be advantageous to it.

7437. In what he may engage.

Sec. 2437, A partner may engage in any separate business, except as othor-
wdse provided by the last two sections.

7438. llust account to firm for profds.

Sec. 2438. A general partner transacting business contrary to the provisions
of this article may be required by any copartner to account to the partiiership
for the profits of such business,

ARTICLE IV,

LIABILITY OF PAKTNEES,

7442, Liability of partners to third persons.

Sec, 2442. Every general partner is liable to third persons for all the obliga-
tions of the paitnership, jointly with his copartners.

7443, Liability for each other's acts as agents.

Sec 2443. The liability of general partners for each other's acts is defined by
the title on agency.

7444, Liability of one held out as partner.

Sec 2444, Any one permitting himself to be represented as a partner,
general or special, is liable, as such, to third persons to whom such representa-
tion is communicated, and who, on the faith thereof, give credit to the partner-
ship,

7445, No one liable as partner unless held out as such.

Sec 2445. No one is liable as a partner who is not such in fact, except as
provided in the last section.

ARTICLE V,

TERMINATION OF PARTNERSHIP.

7449. Duration of partnership.

Sec 2449. If no term is prescribed by agreement for its duration, a general
loartnership continues until dissolved by a partner or by operation of law.

7450. Total dissolution ofpaiinership.

Sec 2450. A general partnership is dissolved as to all the partners:

1. By lapse of the time prescribed by agreement for its duration;

2. By the expressed will of any partner, if there is no such agreement;

3. By the death of a partner;

4. By the transfer to a person, not a partner, of the interest of any partner
in the partnership j)roperty;

5. By war, or the prohibition of commercial intercourse between the country
in which one partner resides and that in which another resides; or,

6. By a judgment of dissolution,

813

7451-7462 CIVIL CODE.

7451. Partial dissolution.

Sec. 2451. A general partnersliip may be dissolved, as to himself only, by
the expressed will of any partner, notwithstanding his agreement for its contin-
uance, subject however to liability to his copartners for any damage caused to
them thereby, unless the circumstances are such as entitle him to a judgment of
dissolution.

7452. Partner entitled to dissolution.

Sfx. 2452. A general partner is entitled to a judgment of dissolution;

1. "When he, or another partner, becomes legally incapable of contracting;

2. "When another partner fails to perfomi his duties under the agreement of
partnership, or is guilty of serious misconduct; or,

3. "When the business of the partnership can be carried on only at a perma-
nent loss.

7453. Xotice of termination.

Sec. 2453. The liability of a general partner for the acts of his copartners
continues, even after a dissolution of the copartnership, in favor of jDersous who
have had dealings with and given credit to the partnership during its existence,
until they have had personal notice of the dissolution; and in favor of other
pei"sons until such dissolution has been advertised in a newspaper published in
every county where the jDartnership, at the time of its dissolution, had a jjlace
of business, if a newsjDaper is there published, to the extent in either case to
which such persons part with value in good faith, and in the belief that such
l)artner is still a member of the firm.

7454. Xotice by change of name.

Sec 2454. A change of the partnership name, M'hich plainly indicates the
withdrawal of a partner, is sufficient notice of the fact of such withdrawal to all
persons to whom it is communicated; but a change in the name, which does
not contain such an indication, is not notice of the withdrawal of any partner.

AKTICLE VI.

LIQUIDATION.

7458. Powers of partners after dissolution.

Sec 2458. After the dissolution of a partnership), the powers and authority of
the partners are such only as are prescribed by this article.

7459. WJio may act in liquidation.

Sec 2459. Any member of a general partnership may act in liquidation of its
affairs, except as jirovided by the next section.

7460. Wlio may not act in liquidation.

Sec 24G0. If the liquidation of a partnership is committed, by consent of all
the partners, to one or more of them, the others have no right to act therein;
but their acts are valid in favor of persons parting with value, in good faith,
ui^on credit thereof.

7461. Poimrs of partners in liquidation.

Sec 2401. A partner authorized to act in liquidation may collect, compromise,
or release any debts due to the partnership, pay or compromise any claims
against it, and dispose of the partnership property.

7462. IVhat partner may do in liquidation.

Sec 2402. A partner authorized to act in liquidation, may indorse, in the
name of the firm, promissory notes, or other obligations held by the partnership,
for the i)urpose of collecting tljc same, but he cannot create any new obligation
in its name, or revive a debt against the firm, by an acknowledgment when an

814

PARTNERSHIP. 74G2-74G9

action thereon is barred under the provisions of the Code of Civil Procedure.

[Amendmcni, approved March 30, 1874; ^l»i('/((///(('»(/.s 1873-4, 252; louk <-(/)vlJiili/l
1874.'"

ARTICLE VII.

OF THE USE OF FICTITIOUS NAMES.

7466. Partnership, under fictitious, name.

Sec. 24GG. Excejjt as otherwise provided in the next section, every partner-
ship transacting- business in this state under a fictitious name, or a designation
not showing the names of the persons interested as pjirtuers in such business,
must file with the clerk of the county in which its principal place of business is
situated, a certificate stating the names in full of all the members of such part-
nership and their ^^laces of residence, and publish the same once a week for
four successive weeks, in a newspaper published in the county, if there be one,
and if there be none in such county, then in a newspaper published in an
adjoining county. [Amendment, approved March 30, 1874; Amendments 1873-4,
253; took effect Juhj 1, 1874.^''>

7467. Foreign partnerships.

Sec. 24G7. A commercial or banking partnership, established and transact-
ing business in a place without the United States, may, without filing the cer-
tificate, or making the publication prescribed in the last section, use in this state
the partnership name used by it there, although it be fictitious, or does not show
the names of the persons interested as partners in such business. [Amendment,
approved March 80, 1874; Amendments 1873-4, 253; took eff'ect July 1, 1874.*'^

7468. Certificate of partnership to he filed.

Sec. 24G8. The certificate filed with the clerk, as provided in section twenty-
four hundred and sixty-six, -must be signed by the partners, and acknowledged
befoi'e some officer authorized to take the acknowledgment of conveyances of
real property. Where the partnership is hereafter formed, the certificate must
be filed, and the publication designated in that section must be made within one
mouth after the formation of the jDartnership, or Avithin one month from the
time designated in the agreement of its members for the commencement of the
partnership; where the partnership has been heretofore formed, the certificate
must be filed, and the publication made within six months after the passage of
this act. Persons doing business as partners contrary to the pi'OA-isious of this
article, shall not maintain any action upon or on account of an}' contracts made
or transactions had in their partnershii^ name, in any court of this state, until
they have first filed the certificate and made the jjublication herein required.
[Amendment, approved March 30, 1874; Amendments 1873-4, 253; took effect
July 1, 1874.^"^^

7469. Neiu certificate required on change of partners.

Sec. 24G9. On eveiy change in the members of a partnership transacting busi-
ness in this state under a fictitious name, or a designation which does not show
the names of the persons interested as partners in its business, except in the

(a) Original section: (c) Original section: . v.,, ^ ^

Sec. 246-2. A partner authorized to act in liquidation Sec. 24ti7. A commercial partnership, established

may enter, in the name of the firm, into any obliga- and transacting busimss in a place without the Imted

tion, by way of satisfaction of a partnership debt, or as States, may use in this state the partnership name

a- collateral security therefor; but he cannot make, used by it there, although tictitiouB.

draw, or indorse any other obligation in its name, nor (rf) Original section:

revive a debt against the firm, by any acknowledg- Sec. 24t)S. The name of a partnership, which ba«

ment, -within the provisions of the Code of Civil had business relations with places without the I nlted

Procedure concerning the times of commencing civil States, may be continued in use by the persons suc-

actions. ceeding to its business, and by their successors, upon

(6) Original section- compliance with the provisions of this article, and

Sec.24w>. No partnership or person may transact with the consent of the persons, if living, whose names

business by a fictitious name, or in the name of a jjer- are used,
son not interested in such business , except as prescribed
in this article.

815

74G9-7480 CIVIL CODE.

cases meutionecl in section twenty-four liunclrecl and sixty-seven, a new certifi-
cate must be filed witli the county clerk, and a new publication made, as required
by this article on the formation of such partnership. [Amendment, approved
March 30, 1874; Amendments 1873-4, 254; took effect July 1, 1874/''>

7470. Register of firms to he kept by county clerk.

Sec. 2470. Everj' county clerk must keep a register of the names of firms and
persons mentioned in the certificates filed with him, jiursuant to this article,
entering in alphabetical order the name of every such partnership, and of each
partner therein. [Amendment, approved March 30, 1874; Amendments 1873-4,
254; took effect July 1, 1874,^''>

7471. Certified copies of register and proof of publication to be evidence.

Sec. 2471. Copies of the entries of a county clerk, as herein directed, when
certified by him, and affidavits of publication, as herein directed, made by the
printer, publisher, or chief clerk of a newspaper, are presumptive evidence of
the facts therein stated.

CHAPTEK III.

SPECIAL PARTNERSHIP.

Abticle I. Formation of Paetnekship 7477

II. PowEEs, Rights, and Duties of the Paetnees. . 7489

III. Liability of Partnkes 7500

IV. Alteeation and Dissolution of the Pabtnership 7507

AKTICLE I.

FORMATION OF PARTNERSHIP.

7477. Formation of special partnership.

Sec. 2477. A special partnership may be formed by two or more persons, in
the manner and with the efl^ect prescribed in this chapter, for the transaction of
any business except banking or insurance.

7478. Of ivhat to consist.

Sec. 2478. A special partnership may consist of one or more persons called
general jiartuers, and one or more persons called special partners.

7479. Certified statement.

Sect. 2479. Persons desirous of forming a sj)ecial partnership must severally
sign a certificate, stating:

1. The name under which the partnership is to be conducted;

2. The general nature of the -business intended to be transacted;

3. The names of all the partners, and their residences, specifying which are
general and which are special partners;

4. The amount of cai)ital which each special partner has contributed to the
common stock;

5. The periods at which such partnership will begin and end.

7480. Acknowh'dyed and recorded.

Sec 2480. Certificates under the last section must be acknowledged by all the
l^aiiners, before some ofiicer authorized to take acknowledgment of deeds, one to
be filed in the clerk's ofi^ice, and the other recorded in the office of the recorder

(a) Original gfction: and nmst publish such rcrtificate, or a statement con-
Sec. 240'.t. Ou evtry change of the porsons continu- taining the substance thcicuf, once in each week for
ing the use of a partnership name, under the last sec- four successive weeks, beginning within one week
tioii, the person acriuiring the right to iisc it must sign after his first using sui^h name, in a newspaper printed
and acknowledf;e, before » proper ofiicer for that pur- in the county, or nearest the county (if noni' is printed
pose, a cerliticate stating tlie name of each pers(jn deal- in the county) in which such principal place of bust-
ing under such nanii-, and liis place of residence, and ness is situated.

must tile the same with the clerk of the county in {h) The original section, instead of " this article,"

which their principal jdace of buBiness is situated; had the words " the last section."

816

PARTNERSHIP. 7480-7492

of the county in which the principal place of business of the partnership is
situated, in a book to be kept for that purjiose, open to public inspection; and
if the partnership has places of business situated in different counties, a coi)y
of the certificate, certified by the recorder in whose office it is recorded, must
be filed in the clerk's office, and recorded in like manner in the office of the
recorder in every such county. If any false statement is made in any such
certificate, all the persons interested in the partnershiiJ are liable, as general
partners, for all the engagements thereof.

7481. Affidavit as to sums contributed.

Sec. 2481. An affidavit of each of the partners, stating that the sums speci-
fied in the certificate of the partnershij) as having been contributed by ouch of
the special partners, have been actually and in good faith paid, in the lawful
money of the United States, must be filed in the same office with the original
certificate.

7482. No partnersliip until compliance.

Sec 2482. No special partnership is formed until the provisions of the last
five sections are complied with.

7483. Certificate to he published.

Sec. 2483. The certificate mentioned in this article, or a statement of its sub-
stance, must be published in a newspaper printed in the county where the
original certificate is filed, and if no newspaper is there printed, then in a news-
paper in the state nearest thereto. Such publication must be made once a week
for four successive weeks, beginning within one week from the time of filing the
certificate. In case such publication is not so made, the partnership must be
deemed general.

7484. Affidavit of publication filed.

Sec. 2484. An affidavit of the making of the publication mentioned in the
preceding section, made by the printer, publisher, or chief clerk of the news-
paper in which such publication is made, may be filed with the county recorder
with whom the original certificate was filed, and is presumptive evidence of the
facts therein stated.

7485. Renewal of special partnership.

Sec. 2485. Every renewal or continuance of a special partnershij^ must be
certified, recorded, verified, and published in the same manner as upon its
original formation.

ARTICLE II.

POWERS, RIGHTS, AND DUTIES OF THE PARTNERS.

7489. Who to do business.

Sec 2489. The general partners only have authority to transact the business
of a special partnership,

7490. Special partners may advise.

Sec 24C0. A special partner may at all times investigate the partnership
affairs, and advise his partners, or their agents, as to their management.

7491. Hay loan money.

Sec. 2491. A special partner may lend money to the partnership, or advance
money for it, and take from it security therefor, and as to such loans or advances
has the same rights as any other creditor; but in case of the insolvency of the
partnership, all other claims which he may have against it must be postponed
until all other creditors are satisfied.

7492. General partners may sue and be sued.

Sec, 2492, In all matters relating to a special partnership, its general partners
52 817

7492-7503 CIVIL CODE.

may sue and be sued alone, in the same manner as if there were no special
partners.

7493. Withdrawal of capital.

Sec. 2493. No sjiecial partner, under any pretense, may withdraw any part of
the cai^ital invested by him in the partnership, during its continuance.

7494. Liierest and profits.

Sec. 2494. A sjiecial partner may receive such lawful interest and such pro-
portion of profits as may be agreed upon, if not paid out of the caj^ital invested
in the partnership by him, or by some other special partner, and is not bound
to refund the same to meet subsequent losses.

7495. Bct^nlt of icillidraicing capital.

Sec. 2495. If a special partner withdraws capital from the firm, contrary to
the provisions of this article, he thereby becomes a general partner.

7496. Preferential transfer void.

Sec 249G. Every transfer of the property of a special partnership, or of a
partner therein, made after or in contemplation of the insolvency of such part-
nership or partner, with intent to give a preference to any creditor of such part-
nership or partner over any other creditor of such partnership, is void against
the creditors thereof; and every judgment confessed, lien created, or security
given, in like manner and with the like intent, is in like manner void.

ARTICLE III.

LIABILITY OF PARTNERS.

7500. Liability of partners.

Sec. 2500. The general partners in a special partnership are liable to the same
extent as partners in a general partnership.

7501. Of special partners.

Sec 2501. The contribution of a special partner to the capital of the firm,
and the increase thereof, is liable for its debts, but he is not otherwise liable
therefor except as follows:

1. If ne has Avillfully made or permitted a false or materially defective state-
ment in the certificate of the partnership, the affidavit filed therewith, or the
pul)lished announcement thereof, he is liable, as a general partner, to all cred-
itors of the firm;

2. If he has willfully interfered with the business of the firm, excei3t as per-
mitted in Article II of this chapter, he is liable in like manner; or,

3. If ho has willfully joined in or assented to an act contrary to any of the
provisions of Article II of this chapter, he is liable in like manner.

7502. Liability for unintentional act.

Sec 2502. "When a special partner has unintentionally done any of the acts
mentioned in the last section, he is liable, as a general partner; to any creditor
of the firm who has been actually misled thereby to his prejudice.

7503. Who may qaeslion existence of special partnership .

Sec. 2503. One who, upon making a contract with a partnershii?, accepts
from or gives to it a written memorandum of the contract, stating that the
partnership is special, and giving the names of the special partners, cannot
afterwards charge tlie persons thus named as general partners ujDon that con-
tract, by reason of an error or defect in tlie proceedings for the creation of the
special partnership, prior to the acceptance of the memorandum, if an effort
has been made by the partners, in good faith, to form a special partnership in
the manner required by Article I of this chapter.

818

PAKTNERSHIP. 7507-7514

AETICLE IV.

ALTERATION AND DISSOLUTION.

7507. When special partnership becomes general.

Sec. 2507. A special partnership becomes general if, within ten daj's after
any partner withdraws from it, or any new partner is received into it, or a
change is made in the nature of its business or in its name, a certificate of such
fact, duly verified and signed by one or more of the i^artners, is not filed with
the county clerk and recorder with whom the original certificate of the partner-
ship was filed, and notice thereof publislied as is provided in Article I of this
chapter for the publication of the certificate.

7508. JBbiv neio special partners may he admitted.

Sec. 2508. New special partners may be admitted into a special partnership
upon a certificate, stating the names, residences, and contributions to the
common stock of each of such jDartners, signed by each of them, and by the
general partners, verified, acknowledged, or proved, according to the provisions
of Article I of this chapter, and filed with the county clerk and recorder with
whom the original certificate of the partnership was filed.

7509. Dissolution of sptecial partnership.

Sec. 2509. A special partnership is subject to dissolution in the same manner
as a general partnership, except that no dissolution, by the act of the partners,
is complete until a notice thereof has been filed and recorded in the office of
the county clerk and recorder with whom the original certificate was recorded,
and published once in each week, for four successive weeks, in a newspaper
printed in each county where the partnership has a place of business.

7510. The name of a special partner not used, xtnless.

Sec. 2510. The name of a special partner must not be used in the finn name
of partnership, unless it be accompanied Avith the word " limited."

CHAPTER IV.

MINING PARTNERSHIPS.

7511. When a mining partnership exists^.

Sec. 2511. A mining partnership exists when two or more persons who own
or acquire a mining claim for the purpose of working it and extracting the min-
eral therefrom actually engage in working the same.

7512. Express agreement not necessary to constitute.

Sec. 2512. An express agreement to become partners or to share the profits
and losses of mining is not necessary to the formation or existence of a mining
partnership. The relation arises from the ownership of shares or interest in the
mine and working the same for the purpose of extracting the minerals there-
from.

7513. Profits and losses, Jiow shared.

Sec. 2513. A member of a mining partnership shares in the profits and losses
thereof in the proportion which the interest or share he owns in the mine bears
to the whole partnership capital or whole number of shares.

7514. Lien of partners.

Sec. 2514. Each member of a mining partnership has a lien on the partner-
ship property for the debts due the creditors thereof, and for money advanced
by him for its use. This lien exists notwithstanding there is an agreement
among the partners that it must not.

819

7515-7520 CIVIL CODE.

7515. Jline, partnership property.

Skc. 2515. The miniug ground owned and worked by partners in mining,
whether jiurchased with partnership funds or not, is jjartnership property.

7516. rartner?hip not dissolved by sale of interest.

Skc. 2516. One of the partners in a mining- partnership may convey his in-
terest in the mine and business without dissolving the j^artnership. The pur-
chaser, from the date of his purchase, becomes a member of the partnership.

7517. Purchaser takes, subject to liens, unless, etc.

Skc 2517. A purchaser of an interest in the mining ground of a mining
partnership takes it subject to the liens existing in favor of the partners for
debts due all creditors thereof, or advances made for the benefit of the partner-
shij), unless he jDurchased in good faith, for a valuable consideration, without
notice of such lien.

7518 Takes with notice of lien, when.

Skc. 2518. A purchaser of the interest of a partner in a mine when the j)art-
nership is engaged in working it, takes with notice of all liens resulting from
the relation of the partners to each other and to the creditors of the jDart-
nership.

7519. Contract in writing, when binding.

Skc. 2519. No member of a mining partnership or other agent or manager
thereof can, by a contract in writing, bind the partnership, except by express
authority derived from the members thereof.

7520 Oivners of majority of shares govern.

Skc 2520. The decision of the members owning a majority of the shares or
interests in a mining partnership binds it in the conduct of its business.

TITLE XI.

$\m\vmtt.

Chapter I. Insurance in General " 7527

II. Marine Insurance 7655

III. Fire Insurance 7752

rV. Lite and Health Insurance 7762

CHAPTER I.

INSURANCE IN GENERAL.

ARTICLE I. Dkfinition OF Insubanck 7527

II. What mai be Insobed 7531

III. pAKiiKS 7538

IV. Insubaule Intekkpt 7546

V. CoNCKAI.MKNT AST) RkIBKKENTATION 75G1

VI. The Policy 7586

VII. Wakhantieb 7G03

VIII. Pbkmiumh 7616

IX. Lo8H 7026

X. Notice of Lokh 7033

XI. Double Inhubance 7641

XII . Reinsubanck 7646

820

INSUEANCE. 7527-7542

ARTICLE I.

DEFINITION OF INSURANCE.

7527. Insurance, what.

Sec. 2527. Insurance is a contra(-t whereby one undertakes to iiideninify
another against loss, damage, or Hability, arising fi'om an unknown or contin-
gent event.

ARTICLE II.

WHAT MAY BE INSURED.

7531. What events may he insured against.

Sec. 2531. Any contingent or unknown event, whether past or future, which
may damnify a person having an insurable interest, or create a liability against
him, may be insured against, subject to the jDrovisions of this chapter.

7532. Insurance of lottery or lottery prize unauthorized.

Sec 2532. The preceding section does not authorize an insurance for or
against the drawing of any lottery, or for or against any chance or ticket in a
lottery drawing a prize.

7533. Usual kinds of insurance.

Sec. 2533. The most usual kinds of insurance are :

1. Marine insurance,

2. Fire insurance;

3. Life insurance;

4. Health insurance; and

5. Accident insurance.

7534. All subject to this chapter.

Sec 2534. All kinds of insurance are subject to the provisions of this chapter

ARTICLE III.

parties to the contract.

7538. Designation of parties.

Sec 2538. The person who undertakes to indemnify another by a contract of
insurance is called the insurer, and the person indemnified is called the insured.

7539. Who may insure.

Sec 2539. Any one capable of making a contract may be an insurer, subject
to the restrictions imposed by special statutes upon foreign corporations, non-
residents, and others.

7540. Who may be insured.

Sec 2540. Any one except a public enemy may be insured.

7541. Assignment to mortgagee of thing insured.

Sec 2541. Where a mortgagor of property effects insurance in his own name,
providing that the loss shall be payable to the mortgagee, or assigns a policy of
insurance to the mortgagee, the insurance is deemed to be upon the interest of
the mortgagor, who does not cease to be a party to the original contract, and
any act of his which would othei-wise avoid the insurance will have the same
effect, although the property is in the hands of the mortgagee.

7542. Neiv contract between insurer and assignee.

Sec 2542. If an insurer assents to the transfer of an insurance from a mort-
gagor to a mortgagee, and, at the time of his assent, imposes further obliga-
tions on the assignee, making a new contract with him, the acts of the mortgagor
cannot affect his rights.

821

754G-7o57 CIVIL CODF.

ARTICLE IV.

IN'SUKABLE INTEKEST.

7546. Insurable interest, ichat.

Sec. 2546. Every interest in property, or any relation thereto, or liability in
respect thereof, of such a nature that a contemplated jDeril might directly dam-
nify the insured, is an insurable interest.

7547. In what may consist.

Sec. 2547. An insurable interest in property may consist in:

1. An existing- interest;

2. An inchoate interest founded on an existing interest; or,

3. An expectancy, coui)led with an existing interest in that out of which the
expectancy arises.

7548. Interest of carrier or depositary.

Sec. 2548. A carrier or depositary of any kind has an insurable interest in a
thing held by him as such, to the extent of its value.

7549. 3Ie7'e expectancies.

Sec 2549. A mere contingent or expectant interest in anything, not founded
on an actual right to the thing, nor ujDon any valid contract for it, is not in-
surable.

7550. Measure of interest in property.

Sec. 2550. The measure of an insurable interest in property is the extent to
which the insured might be damnified by loss or injury thereof.

7551. Insurance icithout interest, illegal.

Sec 2551. The sole object of insurance is the indemnity of the insured, and
if he has no insurable interest the contract is void.

7552. When interest must exist.

Sec. 2552. An interest insured must exist when the insurance takes e£fect, and
when the loss occurs, but need not exist in the meantime.

7553. Effect of transfer.

Sec 2553. Except in the cases specified in the next four sections, and in the
cases of life, accident, and health insurance, a change of interest in any part of
a thing insured, unaccompanied by a corresponding change of interest in the
insurance, susi:)ends the insurance to an equivalent extent, until the interest in
the thing and the interest in the insurance are vested in the same person.

7554. Transfer after loss.

Sec. 2554. A change of interest in a thing insured, after the occurrence of an
injury wliich results in o loss, does not affect the right of the insured to indem-
nity for the loss.

7555. Exnption in the case of several subjects in one policy.

Sec 2555. A change of interest in one or more of several distinct things,
separately insured by one jiolicy, does not avoid the insurance as to the others.

7556. In case of the deatli of the insurer.

Sec 2550. A change of interest, by will or succession, on the death of the
insured, does not avoid an insurance; and his interest in the insurance j^assesto
the person taking his interest in the thing insured.

7557. In the case of transfer heticeen co-tenants.

Sec 2557. A transfer of interest by one of several partners, joint owners, or
owners in common, who are jointly insured, to the others, does not avoid an
insurance, even tliougli it has been agreed that the insurance shall cease ujwn
an alienation of the thing insured.

822

INSITRANCE. 7558-75G8

7558. Policy of insurance, when void.

Sec. 2558. Every stipulation in a policy of insurance for tlie payment of loss,
whether the person insured has or has not any interest in the projierty insured,
or that the policy shall be received as proof of such interest, and eveiy policy
executed by way of gaming or wagering, is void. [Nexo section , approved 2Iarch
30, 1874; Amendments 1873-4, 255; took efect July 1, 1874.

ARTICLE V.

CONCEALMENT AND REPBESENTATI0N8,

7561. Concealment, tvhat.

Sec. 25G1. A neglect to communicate that which a party knows, and ought to
communicate, is called a concealment.

7562. Effect of concealment.

Sec. 2562. A concealment, whether intentional or unintentional, entitles the
injured party to rescind a contract of insui'auce.

7563. What must he disclosed.

Sec. 2563. Each party to a contract of insurance must communicate to the
other, in good faith, all facts within his knowledge which are or which he be-
lieves to be material to the contract, and which the other has not the means of
ascertaining, and as to which he makes no warranty.

7564. Matters which need not be communicated loithout inquiry.

Sec. 2564. Neither party to a contract of insurance is bound to communicate
information of the matters following, except in answer to the inquiries of the
other:

1. Those which the other knows;

2. Those which, in the exercise of ordinary care, the other ought to know,
and of which the former has no reason to supypose him ignorant;

3. Those of which the other waives communication;

4. Those which prove or tend to prove the existence of a risk excluded by a
warranty, and which are not otherwise material; and,

5. Those which relate to a risk excepted from the policy, and which are not
otherwise material.

7565. Test of materiality.

Sec 2565. Materiality is to be determined not by the event, but solely by the
probable and reasonable influence of the facts upon the party to whom the com-
munication is due, in forming his estimate of the disadvantages of the proposed
contract, or in making his inquiries.

7566. Matters ivhich each is bound to know.

Sec 2566. Each party to a contract of insurance is bound to know all the
general causes which are open to his inquiry, equally with that of the other, and
which may affect either the political or mateiial perils contemp)lated; and all
general usages of trade.

7567. Waiver of communication.

Sec 2567. The right to information of material facts may be waived, either
by the terms of insurance or by neglect to make inquiries as to such facts,
where they are distinctly implied in other facts of which information is com-
municated.

7568. Interest of insured.

Sec 2568. Information of the nature or amount of the interest of one insured
need not be communicated unless in ausAver to an inquiry, except as prescribed
by section 2587.

823

7569-7583 CIVIL CODE.

7569. Fraudulent xi-arranty.

Sec. 25G9. An iuteutional and fraudulent omission, on the part of one in-
sured, to communicate information of matters proving or tending to prove the
falsity of a warranty, entitles the insurer to rescind.

7570. JiMters of opinion.

Sec 2570. Neither i:)art3^ to a contract of insurance is bound to communicate,
even upon inquiry, information of his own judgment upon the matters in ques-
tion.

7571. Representation, what.

Sec. 2571. A representation may be oral or written.

7572. When made.

Sec 2572. A representation may be made at the same time with issuing the
policy, or before it.

7573. Hoiv interpreted.

Sec 2573. The language of a representation is to be interpreted by the same
rules as the language of contracts in general.

7574. Representation as to future.

Sec 2574. A representation as to the future is to be deemed a promise,
unless it appears that it was merely a statement of belief or expectation.

7575. Hot'- may a feet policy.

Sec 2575. A representation cannot be allowed to qualify an express pro-
vision in a contract of insurance; but it may qualif}^ an implied warranty.

7576. Wheti may be withdrawn.

Sec. 257G. A representation may be altered or withdrawn before the insur-
ance is effected, but not afterwards.

7577. Time intended by representation.

Sec 2577. The completion of the contract of insurance is the time to which a
representation must be presumed to refer.

7578. Representing information.

Sec 2578. "When a person insured has no personal knowledge of the fact, he
may nevertheless rej^eat information which he has upon the subject, and Avhich
he believes to be true, with the explanation that he does so on the infoiTnation
of others, or he may submit the information, in its whole extent, to the insurer;
and in neither case is he responsible for its truth, unless it proceeds from an
agent of the insured, whose duty it is to give the intelligence.

7579. Falsity.

Sec 2579. A representation is to be deemed false when the facts fail to cor-
respond with its assertions or stipulations.

7580. Effect of falsity.

Sec 2580. If a representation is false in a material i:)oint, whether affinnative
or promissory, the injured party is entitled to rescind the contract from the
time when the representation becomes false.

7581. Materiality.

Si;c. 2581. The materiality of a reiDresentation is detennined by the same i-ule
as the materiality of a concealment.

7582. Appliralion of provviions of this article.

Si c. 2o82. The provisions of this article api:)]y as well to a modification of a
contract of insurance^as to its original foi-mation.

7583. RirjIU to rescind, v-hen exercised.

Sec 2583. Whenever a right to rescind a contract of insurance is given to the

824

INSUEANCE. 7583-7597

insurer by any provision of this chapter sucli right may be exercised at any time
previous to the commencement of an action on the contract. [Ncrc srrtion,
approved March 30, 1874; Amendments 1873-4, 255; took effect July 1, 1874.

ARTICLE VI.

THE POLICY.

7586. PolicT/, ivhat.

Sec. 2586. The written instrument, in which a contract of insurance is set
forth, is called a policy of insurance.

7587. What must be specified in a polici/.

Sec. 2587. A jDolicy of insurance must specify:

1. The parties between whom the contract is made;

2. The rate of premium;

3. The property or life insured;

4. The interest of the insured in property insured, if he is not the absolute
owner thereof;

5. The risks insured against; and,

6. The period during which the insurance is to continue.

7588. Wliose interest is covered.

Sec. 2588. When the name of the person intended to be insured is specified
in a policy, it can be applied only to his own proper interest.

7589. Insurance by agent of trustee.

Sec. 2589. When an insurance is made by an agent or trustee, the fact that
his princijDal or beneficiary is the person really insured may be indicated by
describing him as agent or trustee, or by other general words in the pohcy.

7590. Insurance by part oivner.

Sec. 2590. To render an insurance, effected by one partner or part owner,
applicable to the interest of his coj)artners, or of other part owners, it is neces-
sary that the terms of the policy should be such as are applicable to the joint
or common intei'est.

7591. General terms.

Sec 2591. When the description of the insured in a policy is so general that
it may comj^rehend any person or any class of persons, he only can claim the
benefit of the policy who can show that it was intended to include him.

7592. Successive oivners.

Sec 2592. A policy may be so framed that it will inure to the benefit of whom-
soever, during the continuance of the risk, may become the owner of the interest
insured. .

7593. Transfer of the thing insured.

Sec 2593. The mere transfer of a thing insiu-ed does not transfer the policy,
but suspends it until the same person becomes the owner of both the policy
and the thing insui'ed.

7594. Open and valued policies.

Sec 2594. A policy is either open or valued.

7595. Open policy, what.

Sec 2595. An open policy is one in which the value of the thing insured is
not agreed upon, but is left to be ascertained in case of loss.

7596. Valued policy , tvhat.

Sec 2596. A valued policy is one which expresses on its face an agreement
that the thing insured shall be valued at a specified sum.

7597. Banning policy, ivhat.

Sec 2597. A running policy is one which contemplates successive insurances,

825

7597-7G11 . CIYIL CODE.

and which provides that the object of the policy may be from time to time
defined, especially as to the sabjects of insurance, by additional statements or
indorsements.

7598. Effect of receipt.

Sec. 2598. An acknoAvledgment in a j^olicy of the receijit of premium is con-
clusive evidence of its payment, so far as to make the policy binding, notwith-
standing any stipulation therein that it shall not be binding until the premium
is actually paid.

7599. Agreement not to transfer.

Sec. 2599. An agreement made before a loss, not to transfer the claim of a
person insxu-ed against the insurer, after the loss has haj)pened, is void.

AETICLE YII.

WARRANTIES.

7603. Wnrranty, expi'ess or implied.

Sec. 2G03. A warranty is either express or implied.

7604. Form.

Sec. 2G04. No i:)articular form of words is necessaiy to create a warranty.

7605. Wnrrantij mud he in policy.

Sec 2005. Every express warranty, made at or before the execution of a pol-
icy, must be contained in the jDolicy itself, or in another instrument signed by
the insured, and referred to in the policy, as making a part of it. [Amend-
ment, approved March 30, 1874; Amendments 1873-4, 255; took effect July 1,
1874.'^'

7606. Past, present, and future warranties.

Sec. 2G06. A warranty may relate to the past, the j)resent, the future, or to
any or all of these.

7607. Wai'ranty as to past or present.

Sec 2G07. A statement in a policy, of a matter relating to the j^erson or thing
insiu-ed, or to the risk, as a fact, is an exjjress warranty thereof.

7608. Warranty as to the future.

Sec 2G08. A statement in a policy, which imports that it is intended to do or
not to do a thing which materially affects the risk, is a warranty that such act
or omission shall take place.

7609. Performance excused.

Sec 2G09. When, before the time arrives for the perfonnance of a warranty
relating to the future, a loss insured against happens, or performance becomes
unlawful at the place of the contract, or impossible, the omission to fulfill the
warranty does not avoid the policy. [Amendment, approved 3Iarch 30, 1874;
Amendments 1873-4, 255; took effect July 1, 1874.^'''

7610. What acts avoid the policy.

Sec 2610. The violation of a material warranty, or other material jirovision
of a policy, on the part of either j^arty thereto, entitles the other to rescind.

7611. Policy may provide for avoidance.

Sec 2611. A policy may declare that a violation of specified provisions
thereof shall avoid it, otherwise the breach of an immaterial provision does not
avoid the policy.

(a) Original section: a part of the policy, for this purpose, even by agree-

Sho. 2C0.'). Ev<'ry exprf'BB ■warranty, made at or liefore meut of the parties,
the execution of a polii y, must Ix^ criiitiiiij<:(l iu the {h) The original section did not have the words " at

policy itself, and auothir iustruineut, whi-.thf-r upon the place of the contract."
the Bame jjaper or uot camiut be referred to as making

826

INSURANCE. 7G12-7622

7612. Breach without fraud.

Sec. 2G12, A breach of warranty, witliout fraud, merely exonerates an insurer
from the time that it occurs, or where it is broken in its inception prevents tbo
policy from attaching to the risk.

ARTICLE YIII.

PREMIUM.

7616. When premium is earned.

Sec. 261G. An insurer is entitled to payment of the premium ii.s soon us the
thing insured is exposed to the peril insured against.

7617. Beturn of jJremium.

Sec. 2617. A person insured is entitled to a return of premium paid as
follows:

1. To the whole premium, if no part of his interest in the thing insured be
exposed to any of the j^erils insured against;

2. Where the insiu-ance is made for a definite period of time, and the insured
surrenders his policy, to such proportion of the premium as corresponds with
the unexpired time, after deducting from the whole premium any claim for loss
or damage under the policy which has jireviously accnied. [Amendment,
ajyproved March 30, 1874; Amendments 1873-4, 256; took effect July 1, 1874.^"'

7618. When return not allowed.

Sec. 2618. If a peril insured against has existed, and the insurer has been
liable for any period, however short, the insured is not entitled to return of
premiums, so far as that particular risk is concerned. [Amendment, approved
March 30, 1874; Amendments 1873-4, 256; took effect July 1, 1874.^"'

7619. Beturn for fraud.

Sec. 2619. A person insured is entitled to a return of the premium when the
contract is voidable, on account of the fraud or misreiDresentation of the insurer,
or on account of facts, of the existence of Avhieh the insured was ignorant with-
out his fault; or when, by any default of the insured other than actual fraud,
the insurer never incurred any liability under the j)olicy.

7620. Over-insurance by several insurer's.

Sec. 2620. In case of an over-insurance by several insurers, the insured is
entitled to a ratable return of the premium, proportioned to the amount by
which the aggregate sum insured in all the policies exceeds the insurable value
of the thing at risk.

7621. Contribution.

Sec. 2621. When an over-insurance is effected by simultaneous policies, the
insurers contribute to the premium to be returned in proportion to the amount
insured by their respective policies.

7622. Broporfionate contribution.

Sec. 2622. When an over-insurance is effected by successive policies, those
only contribute to a return of the premium w^ho are exonerated by prior insur-
ances from the liability assumed by them, and in joroportion as the sum for
which the premium was paid exceeds the amount for which, on account of
prior insurance, they could be made liable.

(a) Original section: {!>) The original pertion had the fdllowinRsilflitlonnl

Sec. 2617. A person insured is entitled to a return of clause: " unlisK tbt' insurance was for a definite period
premium paid, or a ratable proportion thereof, if no of time, in which case he is entitled to a proi>ortionnte
part of his interest in the thing insured is exposed to return under the preceding section."
any of the perils insured against; or, -where the insur-
ance is made for a definite period of time, if it is not
exposed to such peril for the whole of that time.

827

7626-7 G37 CFV'IL CODE.

ARTICLE IX.

LOSS,

'TSSS. Pei'ils, remote and proximate.

Sec. 2626. An insurer is liable for a loss of which a peril insured against was
the proximate cause; although a peril not contemplated b}' the contract may
have been a remote cause of the loss; but he is not liable for a loss of which
the peril insured against was onl}- a remote cause.

7627. Lof^n incurred in rescue from peril.

Sec. 2027. An insurer is liable where the thing insured is rescued from a
peril insured against, that would otherwise have caused a loss, if in the course
of such rescue the thing is exposed to a peril not insured against, which per-
manentl}- deprives the insured of its possession, in whole or in part; or where a
loss is caused bj eflbrts to rescue the thing insured from a peril insured
against.

7628. Excepted perils.

Sec. 2628. Where a peril is specially excepted in a contract of insurance, a
loss which would not have occurred but for such peril, is thereby excepted;
although the immediate cause of the loss was a peril which was not excepted.

7629. Exoneration of insurer.

Sec. 2629. An insurer is not liable for a loss caused by the willful act of the
insured; but he is not exonerated by the negligence of the insured, or of his
agents or others. [Amendment, approved March 30, 1874; Amendments 1^1 ^-A,
256; took effect July 1, 1S14..^'^

ARTICLE X,

NOTICE OF LOSS.

7633. Insurer exonerated by failure to give notice of loss.

Sec 2633. In case of loss uj^on an insurance against fire, an insurer is exon-
erated, if notice thereof be not given to him by some person insured, or entitled
to the benefit of the insurance, without unnecessary delay. [Amendment , ap-
Xivoved March 30, 1874; Amendments 1873-4, 256; took eff'ect July 1, 1874."^^

7634. Preliminary pivoofs.

Sec 2634. When preliminary proof of loss is required by a policy, the insured
is not bound to give such proof as would be necessary in a court of justice; but
it is sufficient for him to give the best evidence which lie has in his power at
the time.

7635. Waivers of defects in notice, etc.

Sec. 2635. All defects in a notice of loss, or in preliminar\' proof thereof,
which the insured might remedy, and which the insurer omits to specify to him,
without unnecessary delay, as grounds of objection, are waived.

7636. Waiver of delay.

Sec 2036. Delay in the presentation to an insurer of notice or proof of loss
is waived, if caused by any act of his, or if he omits to make objection promptly
and sj^ecifically upon that ground.

7637. Certificate, xohen dispensed with.

Sec 2637. If a policy requires, by way of preliminary jiroof of loss, the cer-
tificate or testimony' of a person other than the insured, it is sufficient for the
insured to use reasonable diligence to procure it, and in case of the refusal of

(a) Tlio ori!,nnal Rcction, instead of " orof liiB agents (h) The original Bection did not have the words
r otherK," had thf wordK •■ imr by fraud or uegliyence " ux^on an insurance against fire."
Q the part of bis agents or others."

828

INSURANCE, 7G37-7G49

such person to give it, then to furnish reasonuLlo evidence to the insurer that
such refusal was not induced by any just grounds of disbelief iu the facts
necessary to be certified.

ARTICLE XI.

DOUBLE INSURANCE.

7641. Double insurance.

Sec. 2G41. A double insurance exists where the same person is insured by
several insurers separately in respect to the same subject and interest.

7642. Double insurance contribution.

Sec. 2642, In case of double insurance, the several insurers are liable to pay
losses thereon as follows:

1. In fire insurance, each insurer must contribute ratably towards the loss,
without regard to the dates of the several policies;

2. In marine insurance, the liability of the several insurers for a total loss,
whether actual or constructive, where the policies are not simultaneous, is in
the order of the dates of the several policies: no liability attaching to a second
or other subsequent policy except as to the excess of the loss over the amount
of all previous policies on the same interest. If two or more policies bear date
upon the same day, they are deemed to be simultaneous, and the liability of
insurers on simultaneous policies, is to contribute ratably with each other. The
insolvency of any of the insurers does not affect the proportionate liability of
the other insurers. The liability of all insurers on the same marine interest for
a partial or average loss, is to contribute ratably. [Amendment, approved 3Iarch
30, 1874; Amendme^its 1873-4, 257; took effect July 1, 1874. ^''>

ARTICLE XII.

reinsurance.

7646. Eeinsurance, what.

Sec 2646. A contract of reinsurance is one by which an insurer procures a
third person to insure him against loss or liability by reason of such original
insurance.

7647. Disclosures required.

Sec. 2647. Where an insurer obtains reinsurance, he must communicate all
the representations of the original insured, and also all the knowledge and
information he possesses, whether previously or subsequently acquired, which
are material to the risk.

7648. Reinsurance presumed to be against liability.

Sec 2648. A reinsurance is presumed to be a contract of indemnity against
liability, and not merely against damage.

7649. Original insured has no interest.

Sec 2649. The original insured has no interest in a contract of reinsurance.

(a) Original section: BurerB, who, on paying it, may require the others to

Sf.c. 21342. In case of double insurance, the insured contribute ratably thereto,
may claim payment of a loss from any one of the iu-

829

7655-7665 CIVIL CODE.

CHAPTER II.

MARIN E IXSUK ANOE .

Abticle I. Definition- op Marine Insueanck 7G55

II. Inscjkable Inteeesx 7659

III. CONCEALMKST 7669

IV. Rkpbesentations 7676

V. Implied Waueanties 7681

YI. The Voyage, and Deviation 7692

VII. Loss 7701

VIII. Abandonment. 7716

IX. Measuek of Indemnity 7736

ARTICLE I. •

DEFINITION OF MARINE INSURANCE.

'IGSS. Marine insurance, lohat.

Sec. 2G55. Marine insurance is an insurance against risks connected with,
na^-igation, to which a ship, cargo, freightage, profits, or other insurable interest
in movable property, may be exposed during a certain voyage or a fixed period
of time.

ARTICLE II.

INSURABLE INTEREST.

7659. Insurable interest in a ship.

Sec. 2Go9. The owner of a ship has in all cases an insurable interest in it,
even when it has been chartered by one who covenants to pay him its value in
case of loss.

7660. Interest reduced by bottomry.

Sec. 26G0. The insurable interest of the owner of a ship hypothecated by
bottomiy is ouly the excess of its value over the amount secured by bottomry.

7661. Freightage, ichat.

Sec. 2661. Freightage, in the sense of a policy of marine insurance, signifies
all the benefit derived by the owner, either from the chartering of the ship or
its employment for the carriage of his own goods or those of others.

7662. Expected freightage.

Sec. 2G62. The owner of a ship has an insurable interest in expected
freightage which he would have certainly' earned but for the intervention of a
peril insured against.

7663. Interest in expected freightage, ivhat.

Sec. 2GG3. The interest mentioned in the last section exists, in the case of a
charter party, when the ship has broken ground on the chartered voyage, and
if a price is to be paid for the carriage of goods when they are actually on
board, or there is some contract for i^utting them on board, and both ship and
goods are ready for tlie specified voyage.

7664. Insurable interest in pr(ftts.

Sec 2GG4:. One who has an interest in the thing from which profits are ex-
pected to proceed, h;is an insurable interest in the profits.

7665. Insurable interest of charterer.

Sec. 2GG5. The charterer of a ship has an insurable interest in it, to the
extent that he is liable to be damnified by its loss.

830

INSURANCE. 7GG9-7G82

ARTICLE III.

CONCEALMENT.

7669. Information must be comviunicaled.

Sko. 20(59. In marine insurance each joarty is bound to comniunicnte, in
addition to what is required by section 25G3, all the information wliich lie jios-
sesses, material to the risk, except such as is mentioned in section 25G4, and to
state the exact and whole truth in relation to all matters that he represents, or
upon inquii-y assumes to disclose.

7670. Material inforviation.

Sec. 2670. In marine insurance, information of the belief or expectation of a
third person, in reference to a material fact, is material.

7671. Presumption of knowledge of loss.

Sec. 2671. A person insured by a contract of marine insurance is presumed
to have had knowledge, at the time of insuring, of a prior loss, if the informa-
tion might joossibly have reached him in the usual mode of transmission, and
at the usual rate of communication.

7672. Concealments tvhich only affect the risk in question.

Sec. 2672. A concealment in a marine insurance, in respect to aiij of the fol-
lowing matters, does not vitiate the entire contract, but merely exonerates the
insurer from a loss resulting from the risk concealed:

1. The national character of the insured;

2. The liability of the thing insured to capture and detention;

3. The liability to seizure from breach of foreign laws of trade;

4. The want of necessary documents; and,

5. The use of false and simulated papers.

ARTICLE IV.

REPRESENTATIONS.

7676. Effect of intentional falsity.

Sec 2676. If a representation, by a person insured by a contract of marine
insurance, is intentionally false in any respect, whether material or immaterial,
the insurer may I'escind the entire contract.

7677. Eepresentation of expectation.

Sec. 2677. The eventual falsity of a representation as to expectation does not,
in the absence of fraud, avoid a contract of insurance.

ARTICLE V.

IMPLIED WARRANTIES.

7681. Warranty of seaworthiness.

Sec. 2681. In every marine insurance upon a ship or freight, or freightage,
or upon anything which is the subject of marine insurance, a warranty is implied
that the ship is seaworthy. [Amendment, approved March 30, 1874; Amendments
1873-4, 257; took effect July 1, 1874.^''>

7682. Seaworthiness, what.

Sec. 2682. A ship is seaworthy, when reasonably fit to perform the sei-rices,
and to encounter the ordinary perils of the voyage, contemplated by the parties
to the policy.

(a) Original section: owner, unleBS made for a epecified length of time, a

Sec. 2681. In every marine insurance upon ship or warranty is Implied that the 6hip BhaU be eeaworthy.
freightage, or upon anything belonging to the ship-

831

7683-7693 CH^IL CODE.

7683. Seaiooiihiness, ivhen must exUt.

Sec. 2683. An implied warranty of seaworthiness is complied with if the ship
be seaworthy at the time of the commencement of the risk, except in the follow-
ing cases:

1. When the insurance is made for a specified length of time, the implied
warranty is not complied with unless the ship be seaworthy at the commence-
ment of every voyage she may undertake during that time; and,

2. When the insurance is upon the cargo, which, by the terms of the policy
or the description of the voyage, or the established custom of the trade, is to be
transshipped at an intermediate port, the implied warranty is not complied with,
unless each vessel upon which the cargo is shipped or transshipped be seaworthy
at the commencement of its particular voyage. [Amendment, appi'oved March
80, 1874; Amendments 1873-4, 257; took efeet July 1, 1874.^^'

7684. Wlmt things are required to constitute seaioorthiness.

Sec. 2684. A warrant}^ of seaworthiness extends not only to the condition of
the structui-e of the ship itself, but i-equires that it be properly laden, and pro-
vided with a competent master, a sufficient nvimber of competent officers and
seamen, and the requisite ai^purtenances and equij^ments, such as ballast,
cables and anchors, cordage and sails, food, water, fuel, and lights, and other
necessary or proper stores and implements for the voyage.

7685. Different degrees of seaworthiness at different stages of the voyage.

Sec. 2685. Where different portions of the voyage contemplated by a policy
differ in respect to the things requisite to make the ship seaworthy therefor, a
warranty of seaworthiness is complied with if, at the commencement of each
portioil, the ship is seaworthy with reference to that portion.

7686. Unseaicorthiness during the voyage.

Sec. 2686. When a ship becomes unseaworthy duiing the voyage to which an
insurance relates, an unreasonable delay in repairing the defect exonerates the
insurer from liability from any loss arising therefrom.

7687. Seaxvorthiness for purposes of insurance on cargo.

Sec. 2687. A ship which is seaworthy for the purjDose of an insurance upon
the ship may, nevertheless, by reason of being unfitted to receive the cargo, be
unseaworthy for the purpose of insurance upon the cargo.

7688. Neutral papers.

Sec. 2688. Where the nationality or neutrality of a ship or cargo is expressly
warranted, it is implied that the ship will carry the requisite documents to show
Buch nationality or neutrality, and that it will not carry any documents which
cast reasonable suspicion thereon.

ARTICLE VI.

THE VOYAGE AND DEVIATION.

7692. Voyage insured, how determined.

Sec 2692. When the voyage contemplated by a policy is described by the
places of beginning and ending, the voyage insured is one which conforms to
the course of sailing fixed by mercantile usage between those places.

7693. Course of sailing, Jioiv determined.

Sec. 2693. If the course of sailing is not fixed by mercantile usage, the voyage
insured by a policy is the way between the j^laces specified, which, to a master
of ordinary skill and discretion, would seem the most natural, direct, and advan-
tageous.

(a) Original section: complied with if the Bhip is seaworthy at the time of

Bko. 2683. An implied warrauty of seaworthiness is the commencement of the ris):.

832

INSURANCE. 7G94-7707

7694. Deviation, what.

Sec. 2094. Deviation is a departure from the course of the voya^'O insured,
mentioned in the last two sections, or an unreasonable delay in pursuinj^f the
voyage, or the commencement of an entirely different voyage.

7695. When proper.

Sec. 2G95. A deviation is proper:

1. When caused by circumstances over Avhich neither the master nrjr the
owner of the ship has any control;

2. When necessary to comply with a warranty, or to avoid a peril, whether
insured against or not;

3. When made in good faith, and upon reasonable gi-ounds of belief in its
necessity to avoid a peril; or,

4. When made in good faith, for the purpose of saving human life, or reliev-
ing another vessel in distress.

7696. Mhen improper.

Sec. 2696. Every deviation not specified in the last section is improper.

7697. Deviation exonerates the insurer.

Sec. 2697. An insurer is not liable for any loss happening to a thing insured
subsequently to an imj)roper deviation.

ARTICLE VII.

LOSS.

7701. Total and partial loss.

Sec. 2701. A loss may be either total or partial.

7702. Partial loss.

Sec. 2702. Eveiy loss which is not total is partial.

7703. Actual and constructive total loss.

Sec. 2703. A total loss may be either actual or constructive.

7704. Actual total loss, what.

Sec. 2704. An actual total loss is caused by:

1. A total destruction of the thing insured;

2. The loss of the thing by sinking, or by being broken up;

3. Any damage to the thing which renders it valueless to the owner for the
jDurposes for which he held it; or,

4. Any other event which entirely deprives the owner of the possession, at
the port of destination, of the thing insured.

7705. Constructive total loss.

Sec. 2705. A constructive total loss is one which gives to a person insured a
right to abandon, under section 2717,

7706. Presumed actual loss.

Sec. 2706. An actual loss may be presumed from the continued absence of a
ship without being heard of; and the length of time which is sufficient to raise
this presumption depends on the circumstances of the case.

7707. Insurance on cargo ivhen voyage broken up.

Sec. 2707. When a ship is i^revented, at an intermediate port, from complet-
ing the voyage, by the perils insured against, the master must make every exer-
tion to procure, in the same or a contiguous port, another ship, for the purpose
of conveying the cargo to its destination; and the liabihty of a marine insurer
thereon continues after they are thus reshipped. [Amendment, approved March
30, 1874; Amendments 1873-4, 258; took effect July 1, 1874.'"'

(a) The original Bectiou did not have the words " by the perils insured against."

53 833

7708-7717 CIVIL CODE.

7708. Cost ofreshipment, etc.

Sec. 2708. In addition to the liability mentioned in the last section, a marine
iusuver is bound for damages, expenses of discharging, storage, reshipment,
extra freightage, and all other expenses incurred in saving cargo reshipped
pursuant to the last section, up to the amount insured.

7709. When insured is entitled to payment.

Sec. 2709. Upon an actual total loss, a person insured is entitled to payment
"without notice of abandonment.

7710. [Sec. 2710'"' was repealed by act approved March 30, 1874; Amendments
1873-4, 258; took efiect July 1, 1874.]

7711. Average loss.

Sec. 2711. "SVhere it has been agreed that an insurance upon a particular
thing or class of things shall be free from particular average, a marine insurer
is not liable for any particular average ^loss not depriving the insured of the
possession, at the port of destination, of the whole of such thing, or class of
things, even though it become entirely worthless, but he is liable for his pro-
portion of all general average loss assessed upon the thing insured. [Amend-
ment, approved March 30, 1874; Amendments 1873-4, 258; took effect Julyl, 1874.*^'

7712. Insurance against total loss.

Sec. 2712. An insurance confined in terms to an actual total loss, does not
cover a constructive total loss, but covers any loss which necessarily results in
depriving the insured of the j^ossession, at the port of destination, of the entire
thing insured. [Amendment, approved March 30, 1874; Amendments 1873-4,
259; took effect July 1, 1874.'*='

ARTICLE VIII.

ABANDONMENT.

7716. Abandonment, ichat.

Sec. 271G. Abandonment is the act by which, after a constructive total loss,
a person insured by contract of marine insurance declares to the insurer that he
relinquishes to him his interest in the thing insured.

7717. When insured may abandon.

Sec. 2717. A person insured by a contract of marine insurance may abandon
the thing insured, or any particular portion thereof separately valued by the
policy, or otherwise separately insured, and recover for a total loss thereof,
when the cause of the loss is a peril insured against:

1. If more than half thereof in value is actually lost, or would have to be
expended to recover it from the peril;

2. If it is injured to such an extent as to reduce its value more than one
half;

3. If the thing insured, being a ship, the contemplated voyage cannot be
lawfully performed without incurring an expense to the insured of more than
half the value of the thing abandoned, or without incurring a risk which a pru-
dent man would not take under the circumstances; or,

4. If the thing insured, being cargo or freightage, the voyage cannot be per-
formed nor another ship procured by the master, within a reasonable time and
with reasonable diligence, to forward the cargo, without incurring the like ex-
pense or risk. But freightage cannot in any case be abandoned, unless the ship
is also abandoned.

(a) I{(i)pale(l Bcction: average " before the word " loss," and did not have the

Skc. 2710. Where profits are insured, but the goodB laist elniiKe, coiumencing with the words "but he is

are not insured, a marine insurer is not liable for a liable for his i^roportion."

constructive totttllosB unlessthe insured offerstoaban- (c) The original section did not have the word

don the goods. " actuitl." It liml at the end the additional words " and

(6) The original section did not have "particular also a general average loss."

834

INSURANCE. 7718-7731

7718. 3fust be unqualified.

Sec. 2718. An abandonment must be neither partial nor conditional.

7719. When may be made.

Sec. 2719. An abandonment must be made within a reasonable time after the
information of the loss, and after the commencement of the voyage, and before
the party abandoning has information of its completion.

7720. Abandonment may be defeated.

Sec. 2720. Where the information upon which an abandonment has been
made proves incorrect or the thing insured was so far restored when the aban-
donment was made that there was then in fact no total loss, the abandonment
becomes ineffectual.

7721. Hoiv made.

Sec. 2721. Abandonment is made by giving notice thereof to the insurer,
which may be done orally, or in Avriting.

7722. Requisites of notice.

Sec. 2722. A notice of abandonment must be explicit, and must specify the
particular cause of the abandonment, but need state only enough to show that
there is probable cause therefor, and need not be accompanied with proof of
interest or of loss.

7723. No other Cause can be relied on.

Sec. 2723. An abandonment can be sustained only upon the cause specified
in the notice thereof.

7724. Effect.

Sec. 2724. An abandonment is equivalent to a transfer, by the insured, of his
interest, to the insurer, with all the cbances of recovery and indemnity.

7725. Waiver of former abandonment.

Sec. 2725. If a marine insurer pays for a loss as if it were an actual total
loss, he is entitled to whatever may remain of the thing insured, or its proceeds
or salvage, as if there had been a formal abandonment.

7726. Agents of the insured become agents of the insurer.

Sec. 2726. Upon an abandonment, acts done in good faith by those who were
agents of the insured in respect to the thing insured, subsequent to the loss,
are at th^ risk of the insurer, and for his benefit.

7727. Acceptance not necessary.

Sec. 2727. An acceptance of an abandonment is not necessary to the rights
of the insured, and is not to be presumed from the mere silence of the insurer,
upon his x'eceiving notice of abandonment.

7728. Acceptance conclusive.

Sec. 2728. The acceptance of an abandonment, whether expressed or implied,
is conclusive upon the parties, and admits the loss and the sufficiency of the
abandonment.

7729. Accepted abandonment, irrevocable.

Sec. 2729. An abandonment once made and accepted is irrevocable, unless
the ground upon which it was made proves to be unfounded.

7730. Freightage, how affected by abandonment of ship.

Sec. 2730. On an accepted abandonment of a ship, freightage earned pre-
vious to the loss belongs to the insurer thereof; but freightage sub.sequently
earned belongs to the insurer of the ship.

7731. Refusal to accept.

Sec. 2731. If an insurer refuses to accept a valid abandonment, he is hable

835

7731-7742 CIVIL CODE.

as upon an actual total loss, deducting from the amoiint any proceeds of the
thing insured which may have come to the hands of the insured.
7732. Omi!<sio7i to abandon.

Sec. 2732. If a person insured omits to abandon, he niaj' nevertheless recover
his actual loss.

ARTICLE IX.

aiEASURE OF INDEarNITY.

7736. VdJuation, when conclusive.

Sec 2736. A valuation in a jdc^Hcj' of marine insurance is conclusive between
the parties thereto in the adjustment of either a partial or total loss, if the in-
sured has some interest at risk, and there is no fraud on his part; except that
when a thing has been hypothecated by bottomr}' or respondentia, before its
insurance, and without the knowledge of the person actually procuring the
insurance, he may show the real value. But a valuation fraudulent in fact
entitles the insurer to rescind the contract.

7737. Partial loss.

Sec. 2737. A marine insurer is liable upon a partial loss, only for such pro-
portion of the amoimt insured by him as the loss bears to the value of the
whole interest of the insured in the property insured.

7738. Profits.

Sec. 2738. Where iDrotits are separately insured in a contract of marine insur-
ance, the insured is entitled to recover, in case of loss, a proportion of such
profits equivalent to the proportion which the value of the property lost bears
to the value of the whole.

7739. Valuation apportioned.

Sec. 2739. In case of a valued policy of maiine insurance on freightage or
cargo, if a part only of the subject is exjDOsed to risk, the valuation a^jplies only
in jDrojDortion to such part,

7740. Valuation applied to profits.

Sec 2740. "When profits are valued and insured by a contract of marine insur-
ance, a loss of them is conclusively presumed from a loss of the property out
of which they were expected to arise, and the valuation fixes their amount.

7741. Estimating loss under an open policy.

Sec. 2741. In estimating a loss under an open policy of marine insurance, the
following rules are to be observed:

1. The value of a ship is its value at the beginning of the risk, including all
articles or charges which add to its permanent value, or which are necessary' to
•prepare it for the voyage insured;

2. The value of cargo is its actual cost to the insured, when laden on board,
or where that cost cannot be ascertained, its market value at the time and place
of lading, adding the charges incurred in purchasing and placing it on board,
but without reference to any losses incurred in raising money for its purchase,
or to any drawback on its exportation, or to the fluctuations of the market at
the port of destination, or to expenses incurred on the Avay or on arrival;

3. The value of freightage is the gross freightage, exclusive of primage, with-
out reference to the cost of earning it; and,

4. The cost of insurance is in each case to be added to the value thus esti-
mated.

7742. Arrival of thlny damaged.

Sec, 2742. If cargo insured against partial loss arrives at the port of destina-
tion in a damaged condition, the loss of the insured is deemed to be the same

83G

INSURANCE. 77i'2-7755

proi^ortion of the value which the market price at that port, of the thing so
damaged, bears to the market price it would have brought if sound.

7743. Labor and expenses.

Sec. 2743. A marine insurer is liable for all the expense attendant upon a loss
which forces the ship into port to be repaired; and where it is agreed that tlie
insured may labor for the recovery of the property, the insurer is liable for tlie
expense incurred thereby, such expense, in either case, being in addition to a
total loss, if that afterwards occurs.

7744. General average.

Sec. 2744. A marine insurer is liable for a loss falling upon the insured,
through a contribution in respect to the thing insured, required to be made by
him towards a general average loss called for by a peril insured against.

7745. Contribution subrogation of insurer.

Sec. 2745. Where a person insured by a contract of marine insurance has a
demand against others for contribution, he may claim the whole loss from the
insurer, subrogating him to his own right to contribution. But no such claim
can be made upon the insurer after the separation of the interests liable to con-
tribution, nor when the insured, having the right and opportunity to enforce
contribution from others, has neglected or waived the exercise of that right.
[Amendment, approved Ilarch 30, 1874; Amendments 1873-4, 259; took efeci July
1, 1874.^^>

7746. One third new for old.

Sec. 2746. In the case of a partial loss of a ship or its equipments, the old
materials are to be applied towards payment for the new, and whether the ship
is new or old, a marire insurer is liable for only two thirds of the remaining cost
of the repairs, except that he must joay for anchors and cannon in full, and for
sheathing metal at a depreciation of only two and one half per cent, for each
month that it has been fastened to the ship.

CHAPTEE III.

FIRE INSURANCE.

[Sec. 2752^^" was repealed by act approved March 30, 1874; Amendments
1873-4, 259; took effect July 1, 1874.]

7753. Alteration increasing risk.

Sec. 2753. An alteration in the use or condition of a thing insured from that
to which it is Limited by the policy, made without the consent of the insurer, by
means within the control of the insured, and increasing the risk, entitles an
insurer to rescind a contract of fire insurance.

7754. Alteration not increasing risk.

Sec 2754. An alteration in the use or condition of a thing insured from that
to which it is limited by the policy, which does not increase the risk, does not
affect a contract of fire insurance.

7755. Acts of the insured.

Sec 2755. A contract of fire insurance is not affected by any act of the insured
subsequent to the execution of the policy, which does not violate its provisions,
even though it increases the risk and is the cause of a loss.

(a) The original section consisted of the first sen- concealment, nor by the falsity of a repreBrntntlon not
teuce alone, down to and including the words "right inserted in the policy, though in a material particular,
to contribution." unless made with a fraudulent intent.

( h ] Repealed section :

Sec. 2752. An insurance against fire is not afiectedby

837

77o6-77GG CIVIL CODE.

7756. Measure of indemnity.

Sec. 2756. If there is no valuation in the policy, the measure of indemnity
in an insurance against fire is the expense, at the time that the loss is payable,
of rei^lacing the thing lost or injured in the condition in which it was at the
time of the injury; but the effect of a valuation in a policy of fire insurance is
the same as in a policy of marine insurance.

CHAPTER IV.

LIFE AND HEALTH INSURANCE.

7762. Insurance upon life, xclien2')ayahle.

Sec. 2702. An insurance upon life may be made i:)a3'able on the death of the
person, or on his sur\dving a specified period, or j)eriodically so long as he shall
live, or otherwise contingently on the continuance or determination of life.

7763. Insurable inteirsi.

Sec. 2763. Eveiy person has an insurable interest in the life and health:

1. Of himself;

2. Of auy person on whom he depends wholly or in part for education or
support;

3. Of any person under a legal obligation to him for the payment of money,
or respecting property or services, of which death or illness might delay or pre-
vent the i^erformance; and

4. Of auy person upon whose life any estate or interest vested in him depends.

7764. Assignee, etc., of life policy need have no interest.

Sec. 2764. A policy of insurance upon life or health may i:)ass by transfer,
will, or succession to any person, whether he has an insurable interest or not,
and such person may recover upon it whatever the insured might have recovered.

7765. Notice of transfer.

Sec. 2765. Notice to an insurer of a transfer or bequest thereof is not neces-
sary to presen-e the validity of a policy of insurance uj^on life or health, unless
thereby expressly required.

7766. Measure of indemnity.

Sec. 2766. Unless the interest of a person insured is susceptible of exact
pecuniary measurement, the measure of indemnity under a policy of insurance
upon life or health is the sum fixed in the policy.

Au Act to regulate the forfeiture of policies of life insurance.
Approved February 2, 1872; 1871-2, 59.

Life policies not to become forfeited except to ascertain extent.

Section 1. No policy of insurance on life hereafter issued by any comj^any
incorporated under the laws of this state shall be forfeited or become void by
the non-payment of premium thereon, any further than regards the right of the
party insured therein to have it continued in force beyond a certain i:)eriod, to
be determined as follows, to wit: the net value of the policy when the premium
becomes due and is not paid shall be ascei'tained according to the American
experience life table rate of mortality, with interest at four and a half per centum
per annum, or the same interest which has been assumed in finding the net
value of the policy, after deducting from such net value any indebtedness to
the company, or notes held b}- the comjoany against the insured, which notes,
if given for jiremium, shall then be canceled. Four fifths of what remains shall
be considered as a net single premium of temporary insurance, and the term
for which it will insure shall be determined according to the age of the party
at the time of the lapse of j)remium and the assumption of mortality and interest
aforesaid.

838

INDEMNITY. 77GG-7778

Insurance due on death of insured.

Seo. 2. If the death of the party occur within the term of the temporaiy in-
surance covered by the A^ahie of the policy, as determined in the ]>revious
section, and if no condition of the insurance otlier than the payment of the
premium shall have been violated by the insured, the company shall be bound
to pay the amount of the policy the same as if there had been no lajise of
premium, anything in the policy to the contrary notwithstandiiiff; provided,
however, that notice of the claim and proofs of death shall be subn)ittcd to the
company within six months of the decease; and provided, also, that the com-
pany shall have the right to deduct from the amount insured in the policy the
amount, at ten per centum per annum, of the jDremium that has been forborne
at the time of the death.

Sec. 3, This act shall take effect immediately.

TITLE XII.

7772. Indemnity, what.

Sec. 2772. Indemnity is a contract by which one engages to save another
from a legal consequence of the conduct of one of the parties, or of some
other person.

7773. Indemnify agauist future wrongful act void.

Sec. 2773. An agreement to indemnify a person against an act thereafter to
be done, is void, if the act be known by such person at the time of doing it, to
be unlawful. [Amendment, approved March 30, 1874; Amendments 1873-4, 259;
took effect July 1, 1874.^"'

7774. Indemnity for a past wrongful act valid.

Sec. 2774. An agreement to indemnify a j^erson against an act already done,
is valid, even though the act was known to be wrongful, unless it was a felony.

7775. Indemnity extends to acts of agents.

Sec. 2775. An agreement to indemnify against the acts of a certain person,
applies not only to his acts and their consequences, but also to those of his
agents.

7776. Indemnity to several.

Sec. 2776. An agreement to indemnify several persons applies to each, unless
a contrary intention appears.

7777. Persons indemnifying liable jointly or severally ivith person indemnified.
Sec. 2777. One who indemnifies another against an act to be done by the

latter, is liable jointly with the person indemnified, and separately, to every

person injured by such act.

7773. Hides for interpreting agreement of indemnity.

Sec. 2778. In the interpretation of a contract of indemnity, the following
rules are to be applied, unless a contrary intention api)ears:

1. Upon an indemnity against liability, expressly, or in other equivalent
terms, the person indemnified is entitled to recover upon becoming liable;

2. Upon an indemnity against claims, or demands, or damages, or costs,
expressly, or in other equivalent terms, the person indemnified is not entitled
to recover without payment thereof;

The original section, instead of " unlawful," had the word " wrongful."

839

7778-7787 CIVIL CODE.

3. An indemnity ag-ainst claims, or demands, or liability, expressly, or in
other equivalent tenns, embraces the costs of defense against such claims, de-
mands, or liability incurred in good faith, and in the exercise of a reasonable
discretion;

4. The person indemnifying is bound, on request of the person indemnified,
to defend actions or proceedings brought against the latter in respect to the
matters embraced by the indemnity, but the person indemnified has the right
to conduct such defenses, if he chooses to do so;

5. If, after request, the i:)erson indemnifying neglects to defend the person
indemnified, a recovery against the latter suffered by him in good faith, is con-
clusive in his favor against the former;

6. If the person indemnifying, whether he is a principal or a surety in the
agreement, has not reasonable notice of the action or proceeding against the
person indemnified, or is not allowed to control its defense, judgment against
the latter is only presumptive evidence against the former;

7. A stipulation that a judgment against the person indemnified shall be con-
clusive ujwn the person indemnifying, is inaj)plicable if he had a good defense
upon the merits, which by want of ordinary care he failed to establish in the
action.

7779. When person indemnifying is a surety.

Sec. 2779. "WTiere one, at the request of another, engages to answer in dam-
ages, whether liquidated or unliquidated, for any violation of duty on the part
of the latter, he is entitled to be reimbui'sed in the same manner as a surety, for
whatever he may jDay.

7780. Bail, what.

Sec. 2780. Upon those contracts of indemnity which are taken in legal pro-
ceedings as security for the performance of an obligation imposed or declared
by the tribunals, and known as undertakings or recognizances, the sureties are
called bail.

7781. How regulated.

Sec. 2781. The obligations of bail are governed by the statutes specially
applicable thereto.

TITLE XIII.

Chapter I. Guaranty in General. 7787

II. SCBETYSHIP 7831

CHAPTER I.

GUARANTY IN GENERAL.

AkTICLK I. DKriN'ITION OF GaARANTY 7787

II. Ckkation of Guaranty 7792

III. I.STKUPHETATIOS OF GUARANTY 7799

IV. LiAiJiLiTY OF Guarantors 7806

V. CoNTiNuiNO Guaranty 7814

VI. Exoneration of Guabantors 7819

AETICLE I.

DEFINITION OF GUARANTY.

7787. Guaranty, tchat.

Sec 2787. A guaranty is a promise to answer for the debt, default, or mis-
carriage of another person.

840

GUARANTY. 7788-7799

7788 Knowledge of principal not necessary to creation of guaraniy.

Sec. 2788. A person may become guarantor even without the knowledge or
consent of the jJi'incipal.

ARTICLE II.

CREATION OF GUARANTY.

7792. Necessity of a consideration.

Sec 2792. Where a guaranty is entered into at tlie same time with the original
obligation, or with the acceptance of the latter by the guarantee, and forms
with that obligation a part of the consideration to him, no other consideration
need exist. In all other cases there must be a consideration distinct from that
of the original obligation.

7793. Guaranty to be in writing, etc.

Sec. 2793. Except as prescribed by the next section, a guaranty must be in
writing, and signed by the guarantor; but the writing need not express a con-
sideration.

7794. Engagement to answer for obligation of another, when deemed original.
Sec. 2794. A promise to answer for the obligation of another, in any of the

following cases, is deemed an original obligation of the promisor, and need not
be in writing:

1. Where the promise is made by one who has received property of another
upon an undertaking to apply it pursuant to such promise; or by one who has
received a discharge from an obligation in whole or in part, in consideration of
such j)romise;

2. Where the creditor parts with value, or enters into an obligation, in con"
sideration of the obligation in respect to which the promise is made, in terms
or under circumstances such as to render the party making the promise the
principal debtor, and the person in whose behalf it is made his surety;

3. Where the promise, being for an antecedent obligation of another, is made
upon the consideration that the party receiving it cancels the antecedent obliga-
tion, accepting the new promise as a substitute therefor; or upon the considera-
tion that the party receiving it releases the property of another from a lexj, or

vis person from imprisonment under an execution on a judgment obtained upon
*ie antecedent obligation; or upon a consideration beneficial to the promisor,
■hether moving from either party to the antecedent obligation, or from another
Jrson;

t. Where a factor undertakes, for a commission, to sell merchandise and
g\ranty the sale;

\ Where the holder of an instrument for the payment of money, upon which
a tird person is or may become liable to him, transfers it in payment of a pre-
ce<Vit debt of his own, or for a new consideration, and in connection with such
traifer enters into a promise respecting such instrument.

779* Acceptance of guaranty.

Sb 2795. A mere offer to guaranty is not binding, until notice of its accept-
ance communicated by the guarantee to the guarantor; but an absolute guar-
anty ^binding upon the guarantor without notice of acceijtance.

\ ARTICLE III.

INTERPRETATION OF GUARANTY,

7799. taranty of incomplete contract.

Sec ^9. in a guaranty of a contract, the terms of which are not then set-
tled, it ibplied that its terms shall be such as will not expose the guarantor

841

7799-7815 CIVIL CODE.

to gfi-eater risks than he -woukl incur under those terms which are most common
in similar contracts at the place where the principal contract is to he per-
formed.

7800. Guaranty that an oUigation is good or collectible.

Sec. 2800. A guaranty to the effect that an obligation is good, or is collect-
ible, imports that the debtor is solvent, and that the demand is collectible by
the usual legal proceedings, if taken with reasonable diligence.

7801. Recovery upon such guaranty.

Sec. 2801. A guaranty, such as is mentioned in the last section, is not dis-
charged by an omission to take proceedings upon the princij^al debt, or upon
any collateral security for its payment, if no part of the debt could have been
collected thereby.

7802. Guarantor's liability upon such guaranty.

Sec. 2802. In the cases mentioned in section 2800, the removal of the prin-
cipal from the state, leaving no property therein from which the obligation
might be satisfied, is equivalent to the insolvency of the principal in its effect
upon the rights and obligations of the guarantor.

ARTICLE IV.

LIABILITY OF GUARANTORS.

7806. Guaranty, hoiv construed.

Sec. 2806. A guaranty is to be deemed unconditional unless its terms im-
port some condition jirecedent to the liability of the guarantor.

7807. Liability upon guaranty of payment or pierformance.

Sec 2807. A guarantor of payment or j)erformance is liable to the guarantee
immediately upon the default of the princijDal, and without demand or notice.

7808. Liability upon guaranty of a conditional obligation.

Sec. 2808. Where one guarantees a conditional obligation, his liability is
commensurate with that of the principal, and he is not entitled to notice of the
default of the principal, unless he is unable, by the exercise of reasonable dili
gence, to acquire information of such default, and the creditor has actual notic
thereof.

7808. OlAigation of guarantor cannot exceed that of ptrincipal.

Sec. 2809. The obligation of a guarantor must be neither larger in amout
nor in other respects more burdensome than that of the jn-incipal; and if ints
terms it exceeds it, it is reducible in proportion to the principal obligation.
7810. Guarantor not liable on an illegal contract.

Sec 2810. A guarantor is not liable if the contract of the principal is uriw-
ful; but he is liable notwithstanding any mere personal disability of thei'in-
cipal, though the disability be such as to make the contract void again; the
principal.

ARTICLE V.

CONTINUING GUARANTY.

7814. Continuing guaranty, vhat.

Sec 2814. A guaranty relating to a future liability of the principr under
successive transactions, which either continue his liability or from timto time
renew it after it has been satisfied, is called a continuing guaranty.

7815. Revocation.

Sec 2815. A continuing guaranty may be revoked at any time \r^^ guar-
antor, in respect to future transactioiis, unless there is a continuin consider-
ation as to such transactions which he does not renounce.

842

GUAEANTY. 7819-7832

ARTICLE VI.

EXONEEATION OF GUARANTORS.

7819. What dealings icWi debtor exonerate cjuarardor.

Sec. 2819. A guarantor is exonerated, except so far as he may he indemnified
by the principal, if by any act of the creditor, without the consent of the guar-
antor, the original obligation of the principal is altered in any respect, or the
remedies or rights of the creditor against the principal, in respect thereto, in
any way impaired or suspended.

7820. Void promises.

Sec. 2820. A promise by a creditor, which for xny cause is void, or voidable
by him at his option, does not alter the obligation, or suspend or impair the
remedy, within the meaning of the last section.

7821. Rescission of alteration.

Sbc. 2821. The rescission of an agreement altering the original obligation of
a debtor, or impairing the remedy of a creditor, does not restore the liability of
a guarantor who has been exonerated by such agreement.

7822. Part performance.

Sec. 2822. The acceptance, by a creditor, of anything in partial satisfaction
of an obligation, reduces the obligation of a guarantor thereof in the same
measure as that of the principal, but does not otherwise affect it.

7823. Delay of creditor does not discharge guarantor.

Sec 2823. Mere delay on the part of a creditor to proceed against the prin-
cipal, or to enforce any other remedy, does not exonerate a guarantor.

7824. Guarantor indemnified by the debtor, not exonerated.

Sec. 2824. A guarantor, who has been indemnified by the principal, is liable
to the creditor to the extent of the indemnity, notwithstanding that the creditor,
without the assent of the guarantor, may have modified the contract or released
the principal.

7825. Discharge of principal by act of law does not discharge guarantor.

Sec. 2825. A guarantor is not exonerated by the discharge of his pi-incipal
by operation of law, without the intervention or omission of the creditor.

CHAPTEE II.

SURETYSHIP.

Akticle I. Who are Sureties 7831

II. Liability of Sureties 7S26

III. Rights of Sureties '^^^^

IV. Eights of Creditors IH^A

V. Letter of Credit ISdS

ARTICLE I.

WHO ARE SURETIES.

7831. Sxirety, what.

Sec 2831. A surety is one who at the request of another, and for thepuii^ose
of securing to him a benefit, becomes responsible for the performance by the
latter of some act in favor of a third person, or hypothecates property as secu-
rity therefor.

7832. Apparent principal may show that he is surety.

Sec 2832. One who appears to be a principal, whether by the terms of a
written instrument or otherwise, may show that he is in fact a surety, except
as against persons who have acted on the faith of his apparent character of

principal.

813

7836-7848 CmL CODE.

ARTICLE II.

LIABILITY OF SURETIES.

7836. Limit of surety's obligntion.

Sec. 2836. A surety cauuot be held beyond the express terras of bis contract,
and if such contract prescribes a penalt}' for its breach, he cannot in any case
be liable for more than the penalty.

7837. Rules of interpretation.

Sec. 2837. In interi:)reting the terms of a contract of suretyship, the same
rules are to be observed as in the case of other contracts.

7838. Judgment against surety does not alter the relation.

Sec 2838. Notwithstanding the recovery of judgment by a creditor against a
surety, the latter still occupies the relation of surety.

7839. Surety exonerated by j^f^rformance or offer of performance.

Sec 2839. Performance of the principal obligation, or an ofifer of such" per-
formance, duly made as provided in this code, exonerates a surety. [Amend-
ment, approved March 30, 1874; Amendments 1873-4, 260; took effect July 1, 1874.^"'

7840. Surety discharged by certain acts of the creditor.
Sec 2840. A surety is exonerated —

1. In like manner with a guarantor;

2. To the extent to which he is prejudiced by any act of the creditor which
would naturally prove injurious to the remedies of the surety or inconsistent
with his rights, or which lessens his security; or,

3. To the extent to which he is prejudiced by an omission of the creditor to
do anything, when requu-ed by the surety, which it is his duty to do.

ARTICLE III.

RIGHTS OE SURETIES.

7844. Surety has rights of guarantor.

Sec 2844. A siu-ety has all the rights of a guarantor, whether he becomes
personally responsible or not.

7845. Surety may require creditor to proceed against principal.

Sec 2845. A surety may require his creditor to proceed against the principal,
or to pursue any other remedy in his jiower which the surety cannot himself
pursue, and which would lighten his burden; and if in such case the creditor
neglects to do so, the surety is exonerated to the extent to which he is thereby
prejudiced .

7846. Surety may compel principal, etc.

Sec 2846, A surety may compel his jDiincipal to perform the obligation when
due.

7847. A p)rincipal bound to reimburse his surety.

Sec. 2847. If a surety satisfies the principal obligation, or any part thereof,
whether with or without legal proceedings, the principal is bound to reimburse
what he has disbursed, including necessary costs and exj^enses; but the surety
has no claim for reimbursement against other persons, though they may have
been benefited by his act, except as prescribed by the next section.

7848. The surety acquires the rigid of the creditor.

Sec 2848. A surety, upon satisfying the obligation of the piincipal, is enti-
tled to enforce every remedy which the creditor then has against the ]:)riucij)al

(a) The original Bectlon, inijtea'l of " as provided in this code," had the words " whether by the ijrinciiial or
by another penwn."

844

GUARANTY. 7818-7864

to the extent of rciinbursing wliat be Las expended, and also to require all his
co-sureties to contribute thereto, •without regard to the order of time in which
they became such.

7849. Surety entitled to benefit of securities held by creditor.

Sec. 2849. A surety is entitled to the benefit of every security for the per-
formance of the principal obligation held by the creditor, or by a co-surety at
the time of entering into the contract of suretyship, or acquired by him utter-
wards, whether the surety was aware of the secmity or not.

7850. The projicrty of princijxd to be taken firat.

Sec. 2850. Whenever property of a surety is hypothecated with property of
the principal, the surety is entitled to have the j)roperty of the principal first
applied to the discharge of the obligation.

ARTICLE rV.

EIGHTS OP CREDITORS.

7854. Creditor entitled to benefit of securities held by surety.

Sec. 2854. A creditor is entitled to the benefit of everything which a surety
has received from the debtor by way of security for the performance of the obli-
gation, and may, upon the maturity of the obligation, compel the ajjplication
of such security to its satisfaction.

ARTICLE V.

letter of credit.

7858. Letter of credit, ivhat.

Sec 2858. A letter of credit is a written instrument, addressed by one person
to another, requesting the latter to give credit to the person in whose favor it is
drawn.

7859. Hoio addressed.

Sec. 2859. A letter of credit may be addressed to several persons in suc-
cession.

7860. Liability of the xoriter.

Sec 2860. The writer of a letter of credit is, ui:>on the default of the debtor,
liable to those who gave credit in compliance with its terms.

7861. Letters of credit either general or special.

Sec 2861. A letter of credit is either general or special. When the request
for credit in a letter is addressed to specified persons by name or desciiption,
the letter is special. All other letters of credit are general.

7862. Nature of general letter of credit.

Sec 2862. A general letter of credit gives any person to whom it may be
shown authority to comply with its request, and by his so doing it becomes, aa
to him, of the same effect as if addressed to him by name.

7863. Extent of general letter of credit.

Sec 2863. Several persons may successively give credit upon a general
letter.

7864. A letter of credit may be a continuing guaranty.

Sec 2864, If the parties to a letter of credit appear, by its terms, to contem-
plate a course of future dealing between the parties, it is not exhausted by
giving a credit, even to the amount limited by the letter, which is subsequently
reduced or satisfied by j)aynients made by the debtor, but is to be deemed a
continuing guaranty.

845

7865-7876 CIYIL CODE.

7865. When notice to the writer necessary.

Sec. 28G5. The writer of a letter of credit is liable for credit given upon it
"without notice to him, unless its terms express or imply the necessity of giving
notice.

7866. The credit given must agree ivilh the terms of the letter.

Sec. 2866. If a letter of credit prescribes the persons by whom, or the mode
in which, the credit is to be given, or the term of credit, or limits the amount
thereof, the writer is not bound except for transactions which, in these respects,
conform strictlv to the terms of the letter.

TITLE XIV.

§mu

Chajptee I. Liens rN General 7872

•II. Mortgage 7920

III. Pledge 7986

IV. Bottomry 8017

V. Respondentlv. 8036

VI. Other Liens 8046

VII. Stoppage in Transit 8076

CHAPTER I.

LIENS IN GENERAL.

Article I. Definition op Liens 7872

II. Cekation of Liens 7881

III. Effect of Liens 7888

IV. Peioeity of Liens 7897

V. Eedemption feom Liens 7903

VI. Extinction of Liens 7909

ARTICLE I.

DEIINITION nV TTT7XTO

g 2872. Insert after "imposed," " in some mode other than
by a transfer in trust." [In effect April 16, 1878. § 1180 C. property by whicll it is

C. P. was the same as this section, and is not amended.] '■ ■'■ J ' >/

7873. Liens, general or special.

Sec. 2873. Liens are either general or special.

7874. General lien, what.

Sec. 2874. A general lien is one w^hich the holder thereof is entitled to en-
force as a security for the performance of all the obligations, or all of a partic-
ular class of obligations, which exist in his favor against the owner of the
property.

7875. Special lien, what.

Sec. 2875. A special lien is one which the holder thereof can enforce only as
security for the performance of a particular act or obligation, and of such obli-
gations as may be incidental thereto.

7876. Prior liens.

Sec. 2876. Where the holder of a special lien is compelled to satisfy a prior
lien for his own protection, he may enforce payment of the amount so paid by
him, as a part of the claim for which his own lien exists.

846

LIEN. 7877-7898

7877. Conti-acts subject to provisions of this chapter.

Sec. 2877. Contracts of mortgage, pledge, Lottomn', or respondentia, are
subject to all the provisions of tLis chapter.

ARTICLE II.

CllEATION OF LIEXS.

7881. Lien, how created.

Sec. 2881. A lien is created:

1. By contract of the parties; or,

2. By operation of law.

7882. No lien for claim not due.

Sec. 2882. No lien arises by mere operation of law until the time at which
the act to be secured thereby ought to be performed.

7883. Lien on future interest.

Sec. 2883. An agreement may be made to create a lien upon property not yet
acquired by the party agreeing to give the lien, or not yet in existence. In such
case the lien agreed for attaches from the time when the party agreeing to give
it acquires an interest in the thing, to the extent of such interest.

7884. Lien may be created by contract.

Sec. 2884. A lien may be created by contract, to take immediate effect, as
security for the performance of obligations not then in existence.

ARTICLE III.

EFFECT OF LIENS.

7888. Lien, or contract for lien, transfers no title.

Sec 2888. Notwithstanding an agreement to the contrary, a lien, or a con-
tract for a lien, transfers no title to the property subject to the lien.

7889. Certain contracts void.

Sec. 2889. All contracts for the forfeiture of propert}' subject to a lien, in
satisfaction of the obligation secured thereby, and all contracts in restraint of
the right of redemption from a lien, are void.

7890. Creation of lien does not imply personal obligation.

Sec. 2890. The creation of a lien does not of itself imply that any person is
bound to perform the act for which the lien is a security.

7891. Uxtent of lien.

Sec. 2891. The existence of a lien upon property does not of itself entitle the
person in whose favor it exists to a lien upon the same property for the perform-
ance of any other obligation than that which the lien originally secured.

7892. Holder of lien not entitled to compensation.

Sec. 2892. One who holds property by virtue of a lien thereon, is not entitled
to compensation from the owner thereof for any trouble or expense which he
incurs respecting it, except to the same extent as a borrower, under sections
1892 and 1893.

ARTICLE IV.

PRIORITY OF LIENS.

7897. Priority of liens.

Sec. 2897. Other things being equal, different liens upon the same property
have priority according to the time of their creation, except in cases of bottomry
and respondentia.

7898. Priority of mortgage for price.

Sec. 2898. A mortgage given for the price of real property, at the time of its

847

7898-7911 CIVIL CODE.

conveyance, has i)riority over all other liens created against the purchaser, sub-
ject to the operation of the recording laws.
7899. Order of resort to different funds.

Sec. 2899. Where one has a lien upon several things, and other persons have
subordinate liens upon, or interests in, some but not all of the same things,
the person having the prior lien, if he can do so -without risk of loss to himself,
or of injustice to other persons, must resort to the property in the following
order, on the demand of any party interested :

1. To the things ujdou which he has an exclusive lien;

2. To the things which are subject to the fewest subordinate liens;

3. In like manner inversely to the number of subordinate liens upon the same
thing; and,

4. "When several things are within one of the foregoing classes, and subject
to the same number of liens, resort must be had —

(1.) To the things which have not been transferred since the prior lien was
created;

(2.) To the things which have been so transferred without a valuable consid-
eration; and,

(3.) To the things which have been so transferred for a valuable consideration
in the inverse order of the transfer.

ARTICLE V.

EEDEMPTION FEOM LIEN.

7903. PdgU to redeem.

Sec. 2903. Every person, ha^dng an interest in property subject to a lien, has
a right to redeem it from the lien, at any time after the claim is due, and before
his right of redemption is foreclosed.

7904. Rights of inferior lienor.

Sec. 2904. One who has a lien inferior to another, upon the same property,
has a right:

1. To redeem the property in the same manner as its owner might, from the
superior lien; and,

2. To be subrogated to all the benefits of the superior lien, when necessary
for the protection of his interests, upon satisfying the claim secured thereby.

7905. Redemption from lien, hoiv made.

Sec 2905. Redemption from a lien is made by performing, or offering to
perform, the act for the perfoi'mance of which it is a security, and jmying, or
offering to pay, the damages, if any, to which the holder of the lieu is entitled
for delay.

ARTICLE YI.

EXTINCTIOX OF LIENS.

7909. Lien deemed accessory to act whose performance it secures.

Sec. 2909. A lien is to be deemed accessory to the act for the performance of
which it is a securitj', whether any person is bound for such performance or
not, and is extinguishable in like manner with any other accessory obligation.

7910. Extinction by sale or conversion.

Sec. 2910. The sale of any property on which there is a lieu, in satisfaction
of the claim secured thereby, or in case of personal property, its wrongful con-
version by the person holding the lien, extinguishes the lien thereon.

7911. Lien extinguished by lapse of time uiuhr statute of limitations.

Sec 2911. Alien is distinguished by the lapse of the time within which,

848

LIEN. 7911-7925

under tlie provisions of the Code of Civil Procedure, can action can be brought
uj^ou the jDrincipal obligation.

7912. Appo7'tionment of lien.

Sec. 2912. The partial performance of an act secured by a lien does not ex-
tinguish the lien ujion any part of the i:)roperty subject thereto, even if it is
divisible.

7913. Bestoration of property extinguishes lien.

Sec. 2913. The voluntary restoration of property to its owner l.)y the holder
of a lien thereon, dependent upon possession, extinguishes the lien as to such
property, unless otherwise agreed by the parties, and extinguishes it, notwith-
standing any such agreement, as to creditors of the OAvner and persons subse-
quently acquiring a title to the jDroperty, or a lien thereon, in good faith, and
for a good consideration. [Amendment, approved 3Iarch 30, 1874; Amendments
1873-4, 260; took effect July 1, 1874.^^'

CHAPTEE II.

MORTGAGE.

Aeticle I. MoETGAGES IN Geneeal 7920

II. MoETGAGEs OF Real Peopeuty 7947

III. Mortgages of Peesonal Pkopeexy 7955

AETICLE I.

MORTGAGES IN GENERAL.

7920. Mortgage, what.

Sec. 2920. Mortgage is a contract by which specific property is hypothecated
for the performance of an act, without the necessity of a change of possession.

7921. Prope^'ty adversely held, may he mortgaged.

Sec. 2921. A mortgage may be created upon jjroperty held adversely to the
mortgagor.

7822. To he in writing.

Sec. 2922. A mortgage can be created, renewed, or extended, only by writing,
executed with the formalities required in the case of a grant of real property.

7923, Lien of a mortgage, lohen special.

Sec. 2923, The lien of a mortgage is special, unless othenvise expressly
agreed, and is independent of possession,

7924, Transfer of interest ivhen deemed a mortgage.

Sec. 2924. Every transfer of an interest in property, other than in trust,
made only as a security for the performance of another act, is to be deemed a
mortgage, except when in the case of personal property it is accomi^anied by
actual change of possession, in Avhich case it is deemed a pledge. [Amotdment,
approved March 30, 1874; Amendments 1873-4, 2G0; took efect July 1, 1874.^''>

7925, Transfer made subject to defeasance may he proved.

Sec. 2925. The fact that a transfer was made subject to defeasance on a con-
dition, may, for the purpose of showing such transfer to be a mortgage, be
proved (except as against a subsequent purchaser or incumbrancer for value
and without notice), though the fact does not appear by the tenns of the in-
strument.

(a) The original section did not have the word " sub- merely transient purpose."

8e<iuently,"but it had an additional clause at the end as (6) Thw original section did not have the words

follows: " unless such restoration is made to the owner " other than in trust."
as a mere employee of the holder of the lien, or for a

58 849

792G-7936 CIVIL CODE.

7926. Mortgage, on what lien.

Sec. 2926. A mortgage is a lien iipon everything that would pass by a grant
of the property.

7927. Mortgage does not entitle mortgagee to jiossession.

Sec. 2927. A mortgage does not entitle the mortgagee to the possession of
the property, iinless authorized by the express terms of the mortgage; but
after the execution of the mortgage the mortgagor may agree to such change of
possession without a new consideration.

7928. 'Mortgage not a permnal obligation.

Sec 2928. A mortgage does not bind the mortgagor personally to perform
the act for the performance of which it is a security, unless there is an express
covenant therein to that effect.

7929. TFfl.sfe.

Sec 2929. No person whose interest is subject to the lien of a mortgage may
do any act which will substantially impair the mortgagee's security.

7930. Subsequently acquired title inures to mortgagee.

Sec. 2930. Title acquired by the mortgagor subsequent to the execution of
the mortgage, inures to the mortgagee as security for the debt in like manner
as if acquired before the execution. {Amendment, approved March 30, 1874;
Amendments 1873-4, 2G0; took effect July 1, 1874.^^^

7931. Foreclosure.

Sec 2931. A mortgagee may foreclose the right of redemption of the mort-
gagor in the manner prescribed by the Code of Civil Procedure.

7932. Power of sale.

Sec 2932. A power of sale may be conferred by a mortgage upon the mort-
gagee or any other person, to be exercised after a breach of the obligation for
which the mortgage is a security.

7933. Foicer of attorney to execute.

Sec 2933. A power of attorney to execute a mortgage must be in writing,
subscribed, acknowledged, or proved, certified, and recorded in like manner
as powers of attorney for grants of real property.

7934. Record of assignment of mortgage as notice.

Sec 2934. An assignment of a mortga,ge may be recorded in like manner as a
mortgage, and such record operates as notice to all persons subsequently deriv-
ing title to the mortgage from the assignor. [Amendment, approved March 30,
1874; Amendments 1873-4, 2G1; took effect July 1, 1874.""

7935. 'When not notice to morigagor.

Sec 2935. AVhen the mortgage is executed as security for money due, or to
become due, on a promissory note, bond, or other instrument, designated in
the mortgage, the record of the assignment of the mortgage is not, of itself,
notice to a mortgagor, his heirs or personal representatives, so as to invalidate
any payment made by them, or either of them, to the person holding such
note, bond, or other instrument. [Amendment, approved March 30, 1874; Amend-
ments 1873-4, 261; took effect July 1, 1874.^'=>

7936. Mortgage passes by assignment of drht.

Sec. 2930. The assignment of a debt secured by mortgage carries with it the
ecurity.

(a) The original fiection had the following arldi- (c) Original section:
tional Beutence: "The priority of ai»i)lication of such Sec. 2!):)'). The record of the assignment of a mort-
subseciui iitly a' quired title to BuccephiveuiortgagotB ia gage is not of itself notice to a mortgagor, his heirs or
deteriiiiii'-d Vjy the existing rules of priority, when no personal representatives, bo as to iuvalidati- any pay-
title ia subsequf-ntly acquired." nient made by them, or either of Ihem, to the mort-

(6) The original secti'.in, instead of " as a mortgage," gagee.
had the words " with a mortgage, but in a separate
book."

850

LIEN. 7937-7947

7937. [Sec. 2937'"^ was repealed by act approved March 30, 1874; Amendineuts
1873-4, 261; took effect July 1, 1874.]

7938. Mortgage, how discharged.

Sec. 2938. A recorded mortgage may be discharged by an entry iu the margin
of the record thereof, signed by the mortgagee, or his personal representative
or assignee, acknowledging the satisfaction of the mortgage in the presence of
the recorder, who must certify' the acknowledgment in form substantially as

follows: " Signed and acknowledged before me, this day of , in the

year . A. B., Recorder."

7939. Same.

Sec 2939. A recorded mortgage, if not discharged as provided in the pre-
ceding section, must be discharged uj^on the record by the officer having custody
thereof, on the presentation to him of a certificate signed by the mortgagee, his
personal repi^esentatives or assigns, acknowledged or proved and certified as
prescribed by the chapter on recording transfers, stating that the mortgage has
been paid, satisfied, or discharged.

7940. Same.

Sec 2940. A certificate of the discharge of a mortgage, and the proof or
acknowledgment thereof, must be recorded at leugth, and a reference made in
the record to the book and j)age where the mortgage is recorded, and in the
minute of the discharge made upon the record of the mortgage to the book and
page where the discharge is recorded.

7941. Duty of mortgagee on satisfaction of mortgage.

Sec 2941. When any mortgage has been satisfied, the mortgagee or his
assignee must immediately, on demand of the mortgagor, execute and deliver
to him a certificate of the discharge thereof, and must, at the expense of the
mortgagor, acknowledge the execution thereof so as to entitle it to be recorded ,
or he must enter satisfaction, or cause satisfaction of such mortgage to be en-
tered of record; and any mortgagee, or assignee of such mortgage, who refuses
to execute and deliver to the mortgagor the certificate of discharge, and to
acknowledge the execution thereof, or to enter satisfaction or cause satisfaction
to be entered of the mortgage, as provided in this chapter, is liable to the mort-
gagor, or his grantee or heirs, for all damages which he or they may sustain by
reason of such refusal, and also forfeit to him or them the sum of one hundred
dollars. [Amendment, approved March 30, 1874; Amendments 1873-4, 261; took
efect July 1, 1874.'"'

7942. Provisions of fliis chapter do not affect bottomry or respondentia.

Sec 2942. Contracts of bottomry or respondentia, although in the nature of
mortgages, are not affected by any of the provisions of this chapter.

AETICLE II.

mortgage of real property.

7947. Wliat real property may he mortgaged.

Sec 2947. Any interest in real property which is capable of being transferred
may be mortgaged.

(a) Repealed section: mortgagee or his assignee must immediately, on de-

Sec. 2937. A mortgagee is allowed, from the date of mand of the mortgagor, enter satisfaction or cause sat-

the mortgage, one day for every twenty miles of the isfaction of such mortgage to be entered of record; and

distance between hisresidence and the county recorder's any mortgagee or assignee ot such mortgagee who

office where such mortgage ought by law to be recorded, neglects or refuses to enter satisfaction ot such mort-

During such time the mortgage has the same effect as gage, as is iirovlded in this chapter, is liable in dam-

if recorded ages to such mortgagor, or his grantee or hens, in the

(6) Original section: sum of oi>e hundred dollars, to be recovered in a civil

Sec. 2941. When any mortgage has been satisaed, the action before any court of competent jurisdiction.

851

7948-7955 CIYIL CODE.

7948. Form of mortgage.

Sec. 2948. A mortgage of real property may be made in substantially the
following form :

This mortgage, made the day of , in the year • , by A. B., of ,

mortgagor, to C. D., of , mortgagee, witnesseth:

That the mortgagor mortgages to the mortgagee [here describe the property],

as security for the payment to him of dollars, on for before] the day

of , in the year , with interest thereon [or as security for the payment

of an obligation, describing it, etc.] A. B.

7949. [Sec 2949'"' was repealed by act approved March 30, 1874; Amendments
1873-4, 2G2; took effect July 1, 1874.]

7950. Defeasance to affect grant absolute on its face, must be recoixled.

Sec 2950. When a grant of real j)roperty purports to be an absolute convey-
ance, but is intended to be defeasible on the performance of certain conditions,
such grant is not defeated or affected as against any person other than the
r'-rantee or his heirs or devisees, or persons having actual notice, unless an
iustrument of defeasance, duly executed and acknowledged, shall have been
recorded in the office of the county recorder of the county where the j^roperty
is situated.

7951. [Sec 2051'*' was repealed by act approved March 30, 1874; Amendments
1873-4, 2G2; took effect July 1, 1874.]

7952. Record of mortgages.

Sec 2952. Mortgages of real property may be acknowledged or proved, cer-
titied and recorded in like manner and with like effect, as grants thereof.
[Amendment, aijproved 3Iarch 30, 1874; Amendments 1873-4, 2G2; took effect Jidy
1, 1874.'=^

AETICLE III.

mortgage of personal PEOPERTr..

7955. What personal property may be mortgaged.
Sec 2955. Mortgages may be made upon :

"*"§ 2955. Seventh line, read "surveyor" instead of "sur- ^ railroad;

geon," and add : " Twelfth, the machinery, casks, pipes, tubs, 3hinists, foundrymen and

and utensils used in the manufacture of wine, fruit brandy,
and fruit syrup or sugar."

4. Mining machinery;

5. Printing presses and material;

6. Professional libraries;

7. Instruments of a surgeon, physician or dentist;

8. Upholstery and furniture used in hotels, lodging or boarding-houses, when
mortgaged to secure the 2:)urchase-mohey of the articles mortgaged;

9. Growing crops;

10. Vessels of more than five tons burden;

11. Instruments, negatives, furniture and fixtures of a photograph gallery,
[Amendment, approved April 3, 1870; Amendments 1875-6, 79; took effect sixtieth
day after jjasmge.^'^''

(a) Repealed section : witbout reBorfinp: to the escfutor or aclnilnistrator of

t-EC. 'i'J4'J. Eveiy grant of real property, or of any the imirtgat'iir, unit kb tlitrc in an expnps direction in

f-state therein, wliicli appears by any other writing to the uill <jt (lie inortgagor that the mortgage phall be

be intended as a mortgage, UiUht be recorded as a nurt- othtrwite paid.

gage; and if huch grant ui.d other writing explauatoiy (<) The i riginal section had the following addi-

of its true characttr arc not re<<irded togethi r, at the tional dauFe at the end: " but they miiBt be recorded

same time and place, the giantee tan derive no btufctit in boots kept for mortgages of real property ex-

frrm su( h record. * elusively."

(/y) ReiJtaled settioii: (d) The original section did liot have the -word

Stc. 2951. When real property, subject to a mortgage, " lodging " in the eighth Bubdivisiou or any part of the

jiaBses by succession or -nill, the successor or devisee eleventh subdivision.

must bat'if.fy the moitgage out of his own property,

852

LIEN. 795G-79G4

7956. Form of personal morUjage.

Sec. 2956. A mortg-age of personal property may be jnade in substantially
the following' form :

This mortgage, made the day of , in the year -, by A. B. of ,

by occupation a , mortgagor, to C. D. of , by occupation a , mort-
gagee, -witnesseth:

That the mortgagor mortgages to the mortgagee [here describe the property],

as security for the payment to him of dollars, on [or before] the day

of , in the year , with interest thei'eon [or, as security for the payment

of a note or obligation, describing it, etc.] A. B.

7957. When void as to third persons.

Sec. 2957. A mortgage of personal property is void as against creditors of
the mortgagor and subsequent jiurchasers and incumbrancers of the jDrojierty
in good faith and for value, unless:

1. It is accompanied by the affidavit of all the parties thereto that it is made
in good faith and without any design to hinder, delay, or defraud creditors;

2. It is acknowledged or proved, certified, and recorded in like manner as
grants of real property.

7958. Mortgage of ships, luhen void as to third persons.

Sec. 2958. A mortgage of any vessel or part of any vessel under the flag of
the United States is void as against any person (other than the mortgagor, his
heirs, and devisee, and persons having actiaal notice thereof), unless the mort-
gage is recorded in the office of the collector of customs where such vessel is
registered or enrolled.

7959. Where recorded.

Sec 2959, A mortgage of personal property must "be recorded in the office of
the county recorder of the county in which the mortgagor resides, and also of
the county in which the property mortgaged is situated, or to which it may be
removed.

7960. Property in tran.nt, where to he recorded.

Sec 2960. For the purposes of this article pro^Derty in transit from the pos-
session of the mortgagee to the county of the residence of the mortgagor, or to
a location for use, is, during a reasonable time for such transportation, to be
taken as situated in the county in which the mortgagor resides, or where it is
intended to be used.

7961. Property of a common carrier, where to he recorded.

Sec 2961. For a like purpose, personal property used in conducting tbe
business of a common carrier is to be taken as situated in the county in which
the principal office or place of business of the carrier is located.

7962. Recorded in different places.

Sec 2962. A single mortgage of personal property, embracing several things
of such character or so situated that by the provisions of this article separate
mortgages upon them would be required to be recorded in difterent places, is
only valid in respect to the things as to which it is duly recorded.

7963. Personal mortgage may he recorded.

Sec 2963. Except as it is otherwise in this article provided, mortgages of
personal property may be acknowledged or proved and certified, recorded iu
like manner and with hke effect as grants of real property; but they must be
recorded in books kept for personal mortgages exclusively.

7964. Certified copies may he recorded, when.

Sec 2964. A certified copy of a mortgage of personal property once recorded
may be recorded in any other county, and when so recorded the record thereof
has the same force and effect as though it was of the original mortgage.

853

7965-7988 CIVIL CODE.

7965. rroperty exempt from effect of mortgage, tclien.

Sec. 2965. When personal i:)roperty mortgaged is thereafter by the mortgagor
removed from the county in which it is situated, it is, except as between the
parties to the mortgage, exempted from the operation thereof, unless either:

1. The mortgagee, wdthin thirty days after such removal, causes the mortgage
to be recorded in the county to w^hich the property has been removed; or,

2. The mortgagee, within thirty days after such removal, takes possession of
the jjroperty, as prescribed in the next section.

7966. May he taken hy mortgagee as a jyledge, when.

Sec 2966. If a mortgagor voluntarily removes or permits the removal of the
mortgaged jiroperty from the county in which it was situated at the time it was
mortgaged, the mortgagee may take possession and dispose of the j)roperty as
a pledge for the payment of the debt, though the debt is not due.

7967. Hoiv foreclosed.

Sec. 2967. A mortgagee of personal property, when the debt to secure which
the mortgage was executed becomes due, may foreclose the mortgagor's right
of redemption by a sale of the property, made in the manner and upon the
notice prescribed by the title on " Pledge," or by proceedings under the Code
of Civil Procedure.

7868. Mortgage proioeriy may he levied upon.

Sec. 2968. Personal property mortgaged may be taken under attachment or
execution issued at the suit of a creditor of the mortgagor.

7969. Limitations on 7'ight of levy.

Sec. 2969. Before the property is so taken, the officer must pay or tender to
the mortgagee the amount of the mortgage debt and interest, or must deposit
the amount thereof with the county clerk or treasurer, payable to the order of
the mortgagee.

7970. Bisfrihution of proceeds of sale under process.

Sec 2970. When the property thus taken is sold under process, the officer
must apply the proceeds of the sale as follows:

1. To the repayment of the sum paid to the mortgagee, with interest from
the date of such payment; and,

2. The balance, if any, in like manner as the proceeds of sales under execu-
tion are applied in other cases.

7971. Certain sections not applicahle to mortgage of certain ships.

Sec 2971. Sections 2957, 2959, 2960, 29*61, 2962, 2963, 2964, 2965, and 2966
A^ „^+ «r^-.^i,r fo anv morterage of a ship or part of a shij) under the flag of the

7986. riedge, what.

Sec 2986. Pledge is a deposit of personal property by way of security for
the performance of another act.

7987. When contract is to he deemed a pledge.

Sec 2987. Every contract by which the possession of personal property is
transferred, as security ouly, is to be deemed a pledge.

7988. Delivery essential to validity of pledge.

Sec 2988. The lien of a pledge is dependent on possession, and no pledge is
valid until the property pledged is delivered to the pledgee, or to a pledge
holder, as hereafter prescribed.

854

LIEN. 7989-8000

7989. Increase of thing.

Sec. 2989. The increase of property pledged is pledged with tlio pvoporty.

7990. Lienor may pledge properly to extent of liis lien.

Sec. 2990. One who has a lien upon property may pledge it to the extent of
his lien.

7991. Ileal owner cannot defeat pledge of property tranff erred to apparent ovncr

for purpose of p)ledge.
Sec. 2991. One who has allowed another to assume the apparent ownership
of property for the purpose of making any transfer of it, cannot set up his own
title, to defeat a pledge of the property, made by the other, to a pledgee who
received the property in good faith, in the ordinary course of business, and for
value.

7992. Pledge lender, what.

Sec 2992. Property may be pledged as security for the obligation of anotbcr
person than the owner, and in so doing the owner has all the rights of a pledgor
for himself, except as hereinafter stated.

7993. Pledge holder, what.

Sec. 2993. A pledgor and pledgee may agree upon a third person with wliom
to deposit the proi^erty pledged, who, if he accepts the deposit, is called a
pledge holder.

7994. When 2)ledge lender may withdraw property pledged.

Sec 2994. One who pledges property as security for the obligation of
another, cannot withdraw the property pledged otherwise than as a pledgor for
himself might, and if he receives from the debtor a consideration for the pledge
he cannot withdraw it without his consent.

7995. Obligations of pledge holder.

Sec 2995. A pledge holder for reward cannot exonerate himself from his
undertaking; and a gratuitous pledge holder can do so only by giving reasonable
notice to the pledgor and pledgee to aj^point a new pledge holder, and in case
of their failure to agree, by depositing the property pledged with some impar-
tial person, who wall then be entitled to a reasonable compensation for his care
of the same.

7996. Pledge holder must enforce rights of pledgee.

Sec 2996. A pledge holder must enforce all the rights of the pledgee, unless
authorized by him to waive them.

7997. Obligation of pledgee and pledge holder, for reward.

Sec. 2997. A jDledgee, or a pledge holder for reward, assumes the duties and
liabilities of a depositary for reward.

7998. Gratuitous pledge holder.

Sec 2998. A gratuitous i^ledge holder assumes the duties and liabilities of a
gratuitous dej)ositary.

7999. Debtor's misrepresentation of value of pledge.

Sec 2999. Where a debtor has obtained credit, or an extension of time, by a
fraudulent misrepresentation of the value of property pledged by or for him,
the creditor may demand a further pledge to correspond with the value repre-
sented; and in default thereof may recover his debt immediately, though it be
not actually due.

8000. When pledgee may sell.

Sec 3000. When performance of the act for which a pledge is given is due,
in whole or in part, the pledgee may collect what is due to him by a sale of
property pledged, subject to the rules and exceptions hereinafter prescribed.

855

8001-8011 CIVIL CODE.

8001. Demand of 'performance requisile before sale of pledge.

Sec. 3001. Before property jjledgecl cau be sold, and after performance of the
act for which it is security is due, the pledgee must demand performance thereof
from the debtor, if the debtor can be found. [Amendment, aioproved March 30,
1874; Amendments 1873-4, 2G2; took effect July 1, 1874.^^'

8002. Notice of sale to pledgor.

Sec. 3002. A pledgee must give actual notice to the j^ledgor of the time and
place at which the property pledged will be sold, at such a reasonable time
before the sale as will enable the pledgor to attend.

8003. Waiver of notice of sale.

Sec. 3003. Notice of sale may be waived by a i:)ledgor at any time; but is not
waived by a mere waiver of demand of performance.

8004. Waiver of demand.

Sec 3004. A debtor or pledgor waives a demand of joerformance as a
condition jDrecedent to a sale of the property jDledged, by a positive refusal to
perform, after performance is due; but cannot waive it in any other manner,
except by contract.

8005. Sale must be by auction.

Sec 3005. The sale by a pledgee, of joroperty pledged, must be made by
public auction, in the manner and upon the notice to the public usual at the
place of sale, in respect to auction sales of similar property; and must be for
the highest obtainable price.

8006. Pledgee's sale of securities.

Sec 300G. A pledgee cannot sell any evidence of debt pledged to him, except
the obligations of governments, states, or corporations; but he may collect the
same when due.

8007. Sale on the demand of the pledgor.

Sec 3007. "Whenever property i^ledged can be sold for a price sufficient to
satisfy the claim of the pledgee, the pledgor may require it to be sold, and its
proceeds to be applied to such satisfaction when due.

8008. Surplus to be paid to pledgor.

Sec 3008. After a pledgee has lawfully sold jn-operty pledged, or otherwise
collected its proceeds, he may deduct therefrom the amount due under the
principal obligation, and. the necessary expenses of sale and collection, and
must iDay the surplus to the pledgor, on demand.

8009. nights (f pledgee on sale of pledge.

Sec 3009. "When property jjledged is sold by order of the pledgor befoi-e the
claim of the pledgee is due, the latter may retain out of the proceeds all that
can possibly become due under his claim until it becomes due. [Amendment,
approved March 30, 1874; Amendmoifs 1873-4, 262; took effect July 1, 1874.^"'

8010. Pledgee's purchase of property pledged.

Sec 3010. A pledgee, or pledge holder, cannot purchase the property pledged,
except by direct dealing with the pledgor.

8011. Pledgee may foreclose right of redemption.

Sec 3011. Instead of selling property pledged, as hereinbefore provided, a
pledgee may foreclose the right of redemption by a judicial sale, under the
direction of a competent court; and in that case may be authorized by the court
to purchase at the sale.

(a) The original seition did not have the words " If claim of the pledgee is due, he may retain out of the
the debtor can be found." proceeds h11 that can possibly become due under his

(b) Origiual section: daiui, until it becomes due, with the proper rebate of
Sac. 3009. When i^roperty pledged is sold before the interest.

85G

LIEN. 8017-8028

CHAPTEK IV.

BOTTOMRY.

8017. Bottomry, what.

Sec. 3017. Bottomry is a contract by wliicli a shii) or its f rei<,flitage is liypothe-
cated as security for a loan, wliicli is to be repaid only in case the ship survives
a particular risk, voyage, or period.

8018. Owner of ship may hypothecate.

Sec. 3018. The owner of a shij) may hypothecate it or its freightage, upon
bottomry, for any lawful purpose, and at any time and place.

8019. When master may hypothecate si tip.

Sec. 3019. The master of a ship may hypothecate it upon bottomry only for
the purpose of procuring repairs or supplies which are necessary for accomplish-
ing the objects of the voyage, or for securing the safety of the ship.

8020. Same.

Sec. 3020. The master of a ship can hypothecate it upon bottomiy only when
he cannot otherwise relieve the necessities of the ship, and is unable to reach
adequate funds of the owner, or to obtain any upon the personal credit of the
owner, and when previous communication with him is precluded by the urgent
necessity of the case.

8021. When master may hypothecate freight money.

Sec. 3021. The master of a ship may hypothecate freightage upon bottomiy,
under the same circumstances as those which authorize an hypothecation of the
ship by him,

8022. Bate of interest. •

Sec. 3022. Ui^on a contract of bottomiy, the parties may lawfully stipulate
for a rate of interest higher than that allowed by the law upon other contracts.
But a competent court may reduce the rate stipulated when it appears unjusti-
fiable and exorbitant.

8023. Bights of lender, when no necessity for bottomry existed.

Sec. 3023. A lender upon a contract of bottomry, made by the master of a

ship, as such, may enforce the contract, though the circumstances necessary to

authorize the master to hypothecate the shijD did not in fact exist, if, after due

iiligence and inquiry, the lender had reasonable grounds to believe, and did in

ood faith believe, in the existence of such circumstances.

')24. Stipulation for personal liability void.

Sec. 3024. A stipulation in a contract of bottomry, imposing any liability for
loan indej)endent of the maritime risks, is void.
'5. When money loaned is to be repaid.

c. 3025. In case of a total loss of the thing hypothecated, from a risk to
A the loan was subject, the lender upon bottomry can recover nothing; in
^H a partial loss, he can recover only to the extent of the net value to the
*^^of the part saved.
° When bottomry loan becomes due.

^'026. Unless it is otherwise expressly agreed, a bottomry loan becomes
^^^ ediately upon the termination of the risk, although a term of credit is

''P^^in the contract.
orvo""

Homry lien, how lost.

^^*-7. A bottomry lien is independent of possession, and is lost by omis-
sion ^\y.QQ ji; within a reasonable time,
8028. •^^.g^jgg ^y bottomry lien over other liens.

^^*^" A bottomry lieu, if created out of a real or apparent necessity, in

857

8028-8049 CIVIL CODE.

good faith, is j^ref erred to ereiy other lien or claim upon the same thing,
excepting only a lien for seamen's wages, a subsequent lien of material-men for
supiDlies or repairs indispensable to the safety of the ship, and a subsequent
lien for salvage.

8029. Priority of bottomry liens.

Sec. 3029. Of two or more bottomry liens on the same subject, the latter in
date has preference, if created out of necessity:

CHAPTEE Y.

BESPONDENTIA.

8036. Respondentia, what.

Sec. 3036. Respondentia is a contract by which a cargo, or some part thereof,
is hyiDothecated as security for a loan, the repayment of which is dependent on
maritime risks.

8037. Respondentia by owner.

Sec 3037. The owner of cargo may hyiDothecate it upon respondentia, at any
time and place, and for any lawful purpose.

8038. Respondentia by master.

Sec. 3038. The master of a shijD may hypothecate its cargo upon respondentia
only in a case in which he would be aiithorized to hypothecate the ship and
freightage, but is unable to borrow sufficient mone}' thereon for repairs or sup-
plies which are necessary for the successful accomplishment of the voyage; and
he cannot do so, even in such case, if there is no reasonable prospect of bene-
fiting the cargo thereby.

8039. Rate of interest.

Sec 3039. The provisions of sections 3022 to 3029 apply equally to loans on
resj^ondentia.

8040. Obligations of shipowner.

Sec 3040. The owner of a ship is bound to repay to the owner of its cargo
all which the latter is compelled to pay, under a contract of respondentia made
by the master, in order to discharge its lien.

CHAPTEE VI.

OTHER LIENS.

8046. Lien of seller of real property .

Sec. 3046. One who sells real proi:)erty has a vendor's lien thereon, indej)en("
ent of possession, for so much of the jjrice as remains unpaid and unsecur/
otherwise than by the personal obligation of the buyer. /

8047. When transfer of contract waives lien. /
Sec 3047. Where a buyer of real property gives to the seller a written

tract for payment of all or part of the price, an absolute transfer of such/
tract by the seller waives his lien to the extent of the sum payable uud^
contract, but a transfer of such contract in trust to pay debts, and retu^
surplus, is not a waiver of the lieu.

8048. Extent of seller's lien.
Sec 3048. The liens defined in sections 3046 and 3050 are valid again/^'y

one claiming under the debtor, except a purchaser or incumbrancer /^°^
faith and for value.

8049. Lien of seller of ftorsonal properly .
Sec 3049. One who sells personal jiroperty has a special lien thereoy^^

858

LIEN. 8049-8058

ent on possession, for its price, if it is in his possession when tlie price hoconies
payable, and may enforce his lien in like manner as if the property was pledged
to him for the price.

8050. Purchaser's lien on real property.

Sec. 3050. One who pays to the owner any part of the price of real property,
under an agreement for the sale thereof, has a special lien upon the property,
independent of possession, for such part of the amount paid as he may be
entitled to recover back, in case of a failure of consideration.

8051. Lien for services.

" '' - —1-1" i"".fniKr ^r, possession of an article of

§3051. Add, "and livery, or boarding, or feed-stable pro- lereof by labor or skill

pne ors and persons pasturing horses or sf.ck have liens de- n- or caiTia^re thereof

pendent on possession (or their compensation in caring for ^' Coinage tlltieol

boarding or pasturing such horses or stock." [In effect May O^' ^^^^ compensation, if
^o 1 878. 1

ce.

8052. Liens on personal property. ,

Sec. 3052. A person who makes, alters, or repairs any article of personal
proj)erty, at the request of the owner or legal joossessor of the property, has a
lien on the same for his reasonable charges for work done and materials fur-
nished, and may retain j)ossession of the same until the charges are paid. If
not i^aid within two months after the work is done, the person may proceed to
sell the property at public auction, by gi\'ing ten days' public notice of the
sale by advertising in some news^mper published in the county in which the
work was done; or, if there be no newspaper published in the county, then by
jDOsting up notices of the sale in three of the most public places in the town
where the work was done, for ten days j^revious to the sale. The proceeds of
the sale must be applied to the discharge of the lien and the cost of keeping
and selling the property; the remainder, if any, must be paid over to the owner
thereof.

8053. Lien of factor.

Sec. 3053. A factor has a general lien, dependent on possession, for all that
is due to him as such, upon all articles of commercial value that are intrusted
to him by the same principal.

8054. Banker's Hen.

Sec 3054. A banker has a general lien, dependent on possession, upon all
property in his hands belonging to a customer, for the balance due to him from
such customer in the course of the business.

8055. Shipmaster's lien.

Sec 3055. The master of a ship has a general lien, independent of posses-
sion, upon the ship and freightage, for advances necessarily made or liabilities
necessarily incurred by him for the benefit of the ship, but has no lien for his
wages.

8056. Seamen's lien.

Sec 3056. The mate and seamen of a ship have a general lien, independent
of possession, upon the ship and freightage, for their wages, which is superior
to every other lien.

8057. Officer's lien.

Sec 3057. An officer who levies an attachment or execution upon personal
property acquires a special lien, dependent on possession, upon such property,
which authorizes him to hold it until the process is discharged or satisfied, or a
judicial sale of the property is had.

8058. Judgment lien.

Sec 3058. The lien of a judgment is regulated by the Code of Civil Pro-
cedure.

859

8059-8080 CIVIL CODE.

8059. Mechanic's lien.

Sec. 3059. The liens of mecbanics, for materials and services upon real prop-
erty, are regulated by the Code of Civil Procedure.

8060. Lien on ships.

Sec. 3060. Debts amounting to at least fifty dollars, contracted for the
benefit of ships, are liens in the cases provided by the Code of Ci\dl Procedure.

CHAPTEE VII.

STOPPAGE IN TRANSIT.

8076. When consignor may stop goods.

Sec. 3076. A seller or consignor of property, whose claim for its price or pro-
ceeds has not been extinguished, may, ujDon the insolvency of the buyer or
consignee becoming known to him after parting with the property, stop it Avhile
on its transit to the buyer or consignee, and resume possession thereof.

8077. What is insolvency of consignee.

Sec. 3077. A person is insolvent, within the meaning of the last section, when
he ceases to pay his debts in the manner usual with persons of his business, or
when he declares his inability or unwillingness to do so.

8078. Transit, ivhen ended.

Sec. 3078. The transit of property is at an end when it comes into the pos-
session of the consignee, or into that of his agent, unless such agent is employed
merely to forward the property to the consignee.

8079. Stoppage, how effected.

Sec. 3079. Stoppage in transit can be effected only by notice to the carrier or
depositary of the property, or by taking actual possession thereof.

8080. Effect of stoppage.

Sec. 3080. Stopj^age in transit does not, of itself, rescind a sale, but is a
means of enforcing the lien of the seller.

TITLE XV.

Ilcoottabic |i!^trumcnt0.

Chapter I. Negotiable Instruments in General 8086

II. Bills of Exchange 8171

III. Proiiissory Notes 8244

IV. Checks 8254

V. Bank Notes and Certificates of Deposit 8261

CHAPTER I.

NEGOTIABLE INSTRUMENTS IN GENERAL.

Article I. Genk.eal Definitions 8086

II. Inteepeetation 8099

III . Indoesement 8108

IV. Peesentment foe Payment 8130

V. DisHONOii 8141

VI. Excuse of Peesentment and Notice 8155

VII. Extinction 8164

860

NEGOTIABLE INSTRUMENTS. 8086-8100

ARTICLE I.

GENERAL DEFINITIONS.

8086. To what instruments this title is applicable.

Sec. 3086. The provisions of this title apply only to negotiable instruments,
as defined in this article,

8087. Negotiable instrument, ivhat.

Sec. 3087. A negotiable instrument is a written promise or request for the
payment of a certain sum of money to order or bearer, in conformity to the
provisions of this article.

8088. 3Iust be for unconditional payment of money.

Sec. 8088. A negotiable instrument must be made j^ayable in money only,
and without any condition not certain of fulfillment.

8089. Paijee.

Sec. 3089. The person to whose order a negotiable instrument is made pay-
able must be ascertainable at the time the instrument is made.

8090. Instrument may be in altei^native.

Sec 3090. A negotiable instrument may give to the payee an option between
the payment of the sum specified therein and the performance of another act;
but as to the latter, the instrument is not within the provisions of this title.

8091. Date, etc.

Sec 3091. A negotiable instrument may be with or without date, and with
or without designation of the time or place of payment.

8092. May contain a pledge, etc.

Sec 3092. A negotiable instrument may contain a pledge of collateral secu-
rity, with authority to dispose thereof.

8093. What it must not contain.

Sec 3093. A negotiable instrument must not contain any other contract than
such as is specified in this article.

8094. Date.

Sec 3094. Any date may be inserted by the maker of a negotiable instru-
ment, whether past, present, or future, and the instrument is not invahdated
by his death or incapacity at the time of the nominal date.

8095. Different classes of negotiable instruments.

Sec. 3095. There are six classes of negotiable instruments, namely:

1. Bills of exchange;

2. Promissory notes;

3. Bank notes;

4. Checks;

5. Bonds;

6. Certificates of deposit.

ARTICLE II,
interpretation of negotiable instruments.

8099. Time and place of parjment.

Sec 3099. A negotiable instrument which does not specify the time of pay-
ment, is payable immediately.

8100. Place of payment not specified.

Sec 3100. A negotiable instrument which does not specify a place of pay-
ment, is payable at the residence or place of business of the maker, or wherever

861

8100-8115 CIVIL CODE.

he may be found. [Amenchnent, approved March 30, 1874; Amendments 1873-4,
262; took effect July 1, 1874.^"^

8101. Instruments payable to a person or his order, how construed.

Sec. 3101. An instrument, otherwise negotiable in form, payable to a person
named, but with the words added, "or to his order," or "to bearer," or words
equivalent thereto, is in the former case payable to the written order of such
person, and in the latter case payable to the bearer.

8102. Unindorsed note, when negotiable.

Sec. 3102. A negotiable instrument, made payable to tbe order of the maker,
or of a fictitious person, if issued by the maker for a valid consideration, without
indorsement, has the same effect against him and all other persons having
notice of the facts as if payable to the bearer.

8103. Fictitious j)ciyee.

Sec. 3103. A negotiable instrument, made payable to the order of a person
obviously fictitious, is payable to the bearer.

8104. Fresumplion of consideration.

Sec. 3104. The signature of every drawer, acceptor, and indorser of a nego-
tiable instrument is presumed to have been made for a valuable consideration,
before the maturity of the instrument, and in the ordinary course of business.

AKTICLE III.

INDORSEMENT.

8108. Indorsement, what.

Sec 3108. One who writes his name upon a negotiable instrument, otherwise
than as a maker or acceptor, and delivers it, with his name thereon, to another
person, is called an indorser, and his act is called indorsement.

8109. Agreement to indorse.

Sec. 3109. One who agrees to indorse a negotiable instrument is bound to
write his signature upon the back of the instrument, if there is sufiicient space
thereon for that purpose.

8110. When may be made 07i separate paper.

Sec. 3110. When there is not room for a signature upon the back of a nego-
tiable instrument, a signature equivalent to an indorsement thereof may be
made upon a paper annexed thereto.

8111. Kinds of indorsement.

Sec. 3111. An indorsement may be general or special.

8112. General indorsement, what.

Sec. 3112. A general indorsement is one by which no indorsee is named.

8113. Special indorsement, what.

Sec. 3113. A special indorsement specifies the indorsee.

8114. General indorsement, how made special.

Sec. 3114. A negotiable instrument bearing a general indorsement cannot be
afterwards specially indorsed; but any lawful holder may turn a general in-
dorsement into a special one, by writing above it a direction for payment to a
particular person.

8115. Destruction of yxegotiaJyility by indorser.

Sec 3115. A special indorsement may, by express words for that purpose,
but not otherwise, be so made as to render the instrument not negotiable.

(a) Orifiinal section : specify a place of payment is payable wherever it Is

Sec. 3100. A negotiable instrument wbich docs not held at its maturity.

8(i2

NEGOTIABLE INSTKUIMENTS. 8116-8125

8116. Imjjlied tmrranty of indorser.

Sec. 3116. Every indorser of a negotiable inBtrument, unless liis indorsement
is qualified, warrants to eveiy subsequent holder thereof, who is not liable
thereon to him:

1. That it is in all respects what it purports to be;

2. That he has a good title to it;

3. That the signatures of all prior parties are binding upon them;

4. That if the instrument is dishonored, the indorser will, u])on notice
thereof, duly given to him, or without notice, where it is excused by law, pay
the same with interest, unless exonerated under the provisions of sections thirty-
one hundred and eighty-nine, thirty-two hundred and thirteen, thirty-two
hundred and forty-eight, or thirty-two hundred and fifty-five. [Ainendment,
approved March 30, 1874; Amendmerds 1873-4, 263; took ejf'ecl July 1, 1874.<'"

8117. Indorser, when liable to payee.

Sec. 3117. One who indorses a negotiable instrument before it is delivered
to the payee, is liable to the payee thereon, as an indorser.

8118. Indorsement ivithoid recourse.

Sec. 3118. An indorser may qualify his indorsement with the words, " with-
out recourse," or equivalent words; and ujion such indorsement, he is respon-
sible only to the same extent as in the case of a transfer without indorsement,

8119. Sa7ne.

Sec. 3119. ExcejDt as otherwise prescribed by the last section, an indorsement,
without recourse, has the same effect as any other indorsement.

8120. Indorsee pi'ivy to contract.

Sec. 3120. An indorsee of a negotiable instrument has the same rights against
every prior party thereto that he would have had if the contract had been made
directly between them in the first instance.

8121. [Sec. 3121*'" was repealed bv act approved March 30, 1874; Amendments
1873-4, 263; took effect July 1, 1874.]

8122. Effect of icant of consideration.

Sec. 3122. The want of consideration for the undertaking of a maker, accej^tor
or indorser of a negotiable instrument does not exonerate him from liability
thereon to an indorser in good faith for a consideration.

8123. Indorsee in due course, what.

Sec. 3123. An indorsee in due course is one who, in good faith, in the ordi-
nary course of business, and for value, before its apparent maturity or presump-
tive dishonor, and without knowledge of its actual dishonor, acquires a nego-
tiable instrument duly indoi'sed to him, or indorsed generally, or payable to
the bearer.

8124. Rights of indorsee in due course.

Sfc. 3124. An indorsee of a negotiable instrument, in due course, acquires an
absolute title thereto, so that it is valid in his hands, notwithstanding any pro-
vision of law making it generally void or voidable, and notwithstanding any
defect in the title of the person from whom he acquired it.

8125. Instrument left blank.

Sec. 3125. One who makes himself a party to an instrument intended to be

(a) The original section did not have the words " un- at the request and for the accommodation of another

less his indorsement is qualified." In the fourth sub- party to the in^t^umeut, has all the rights of a surety,

division instead of "pay the same," it had the words as defined by the chapter on suretyship, and is ex<in-

" pay so much of the same as the holder paid therefor." erated in like manner In respect to every one having

The fourth subdivision did not have the words notice of the facts, excei)t that he is not entitled to cou-

" thirty-two hundred and thirteen." tributiou from subsequent indorsers.

(6) Kepealed section:

Sec. 3121. One who indorses a negotiable Instrument,

863

8125-8133 CIVIL CODE.

negotiable, but which is left wholly or partly in blank, for the purpose of fill-
ing afterwards, is liable uj)on the instrument to an indorsee thereof in due
course, in whatever manner and at whatever time it may be filled, so long as it
remains negotiable in form.

AETICLE IV.

PRESENTMENT FOR PAYMENT.

8130. Effect of want of demand on pinncipal debtor.

Sec. 3130. It is not necessary to make a demand of payment upon the prin-
cipal debtor in a negotiable instrument in order to charge him; but if the instru-
ment is by its terms payable at a specified place, and he is able and willing to
pay it there at maturity, such ability and willingness are equivalent to an offer
of pa^'ment ujjon his part.

8131. Presentment, lioio made.

Sec. 3131. Presentment of a negotiable instrument for payment, when nec-
essary, must be made as follows, as nearly as by reasonable diligence it isjDrac-
ticable :

1. The instrument must be presented by the holder;

2. The instrument must be presented to the principal debtor, if he can be
found at the place where presentment should be made; and if not, then it must
be presented to some other person having charge thereof, or employed therein,
if one can be found there;

3. An insti-ument which specifies a place for its payment, must be presented
there; and if the jjlace specified includes more than one house, then at the
place of residence or business of the principal debtor, if it can be found
therein ;

4. An instrument which does not specify a place for its payment, must be
presented at the place of residence or business of the principal debtor, or
wherever he may be found, at the oj^tion of the presentor; and,

5. The instrument must be presented upon the day of its maturity, or, if
it be payable on demand, it may be presented upon any day. It must be pre-
sented within reasonable hours; and, if it be payable at a banking house, within
the usual banking hours of the vicinity, but, by the consent of the person to
whom it should be presented, it may be presented at any hour of the day;

6. If the principal debtor have no place of business, or if his jDlace of
business or residence cannot, with reasonable diligence, be ascertained, i^re-
sentment for payment is excused. \Amendment, approved llarch 30, 1874;
Amendments 1873^-4, 263; took effect July 1, 1874.^="

8132. Apparent maturity, when.

Sec 3132. The apparent maturity of a negotiable instrument, payable at a
particular time, is the day on which, by its terms, it becomes due, or when that
is a holiday, the next business day.

8133. Presum2)five dishonor of bill, payable after sight.

Sec. 3133. A bill of exchange, payable at a certain time after sight, which is
not accepted within ten da^'s after its date, in addition to the time which would
sufiice with ordinaiy diligence, to forward it for acceptance, is presumed to
have been dishonored.

(a) The original section did not have the pixth 8ub- " ."j. The instrument must be presented upon the day

division, and differed from the aiueudiuenl in the of its apiJHientmatvirity, or, if it is payable oudtmand,

second and fifth subdivisions, which were as follows: at any tiiue before its ajjpareut maturity, within reasou-

"2. The instrument must bo presented to the priuci- able liours; and, if it is payable at a bauliing-house,

pal debtor, if he can be found at the jjlace where pre- within the usual banking hours <if the viiinily; l)ut, by

gentment should be made; and if not, then it must be the consent of the person to whom it should be pre-

preeented to some other person of discretion, if one can Btnted, it may be jjresented at any hour of the day.
be found there; and if not, then it must be presented
to a notarj- public within the state;

864

NEGOTIABLE INSTKmiENTS. 8134-8144

8134. Apparent maturity of bill, payable at sight.

Sec. 3134. The apparent maturity of a bill of exchange, payable at sight or
on demand, is:

1. If it bears interest, one year after its date; or,

2. If it does not bear interest, ten days after its date, in addition to the time
which would suffice, with ordinary diligence, to forward it for accerjtance.

8135. Apparent maturity of note.

Sec. 3135. The apparent maturity of a promissory note, payable at sight or
on demand, is:

1. If it bears interest, one year after its date; or,

2. If it does not bear interest, six months after its date.

8136. Same.

Sec. 3136. Where a promissory note is payable at a certain time after sight
or demand, such time is to be added to the periods mentioned in the last sec-
tion.

8137. Surrender of instrument, ichen condition of payment.

Sec. 3137. A party to a negotiable instrument may require, as a condition
concurrent to its payment by him :

1. That the instrument be surrendered to him, unless it is lost or destroyed,
or the holder has other claims upon it; or,

2. If the holder has a right to retain the instrument and does retain it, then
that a receipt for the amount paid, or an exoneration of the party paying, be
written thereon; or,

3. If the instrument is lost or destroyed, then that the holder give to him a
bond, executed by himself and two sufficient sureties, to indemnify him against
any lawfid claim thereon.

ARTICLE V.

DISHONOR OF NEGOTIABLE INSTRUMENTS.

8141. Dishonor, lohat.

Sec. 3141. A negotiable instrument is dishonored when it is either not paid,
or not accepted, according to its tenor, on presentment for that purpose, or
without presentment, where that is excused.

8142. Notice, by whom given.

Sec. 3142, Notice of the dishonor of a negotiable instrument may be given :

1. By a holder thereof; or,

2. By any party to the instrument who might be compelled to pay it to the
holder, and who would, upon taking it up, have a right to reimbursement
from the party to whom the notice is given.

8143. Form of notice.

Sec. 3143. A notice of dishonor may be given in any form which describes
the instrument with reasonable certainty, and substantially informs the party
receiving it that the instrument has been dishonored.

8144. Notice, how served.

Sec. 3144. A notice of dishonor may be given:

1. By delivering it to the party to be charged, personally, at any place; or,

2. By delivering it to some person of discretion at the place of residence or
business of such party, apparently acting for him; or,

3. By properly folding the notice, directing it to the party to be charged, at
his place of residence, according to the best information that the person giving
the notice can obtain, depositing it in the post-office most conveniently accessi-
ble from the place where the presentment was made, and paying the postage
thereon.

54 865

8145-8156 CIVIL CODE.

8145. 2\otice, hoiv served after indorser's death.

Sec. 3145. In case of the death of a party to whom notice of dishonor should
otherwise be given, the notice must he given to one of his personal representa-
tives; or, if there are none, then to any member of his family who resided with
him at his death; or, if there is none, then it must be mailed to his last place
of residence, as prescribed by subdivision 3 of the last section.

8146. Notice given in ignorance of death, valid.

Sec. 3146. A notice of dishonor sent to a jDarty after his death, but in igno-
rance thereof, and in good faith, is valid.

8147. Notice, when to be given.

Sec 3147. Notice of dishonor, when given by the holder of an instrument or
his agent, otherwise than by mail, must be given on the day of dishonor, or on
the next business day thereafter.

8148. Notice of dishonor', when to be mailed.

Sec. 3148. When notice of dishonor is given by mail, it must be deposited
in the post-office in time for the first mail which closes after noon of the first
business day succeeding the dishonor, and which leaves the place where the
instrument was dishonored, for the place to which the notice should be sent.

8149. Notice, hoio given by agent.

Sec. 3149. When the holder of a negotiable instrument at the time of its dis-
honor, is a mere agent for the owner, it is sufficient for him to give notice to
his principal in the same manner as to an indorser, and his principal may give
notice to any other party to be charged, as if he were himself an indorser.
And if an agent of the owner employs a sub-agent, it is sufficient for each suc-
cessive agent or sub-agent to give notice in like manner to his own j)i"incipal.

8150. Additional time for notice by indorser.

Sec. 3150. Every party to a negotiable instrument, receiving notice of its
dishonor, has the like time thereafter to give similar notice to prior parties as
the original holder had after its dishonor. But this additional time is available
only to the particular party entitled thereto.

8151. Efect of notice of dishonor.

Sec 3151. A notice of the dishonor of a negotiable instrument, if valid in
favor of the party giving it, inures to the benefit of all other parties thereto
whose right to give the like notice has not then been lost.

ARTICLE VI.

EXCUSE OF presentment AND NOTICE.

8155. Notice of dishonor, when excused.
Sec. 3155. Notice of dishonor is excused:

1. When the party by whom it should be given cannot, with reasonable dili-
gence, ascertain either the place of residence or business of the party to be
charged; or,

2. When there is no post-office communication between the town of the party
by whom the notice should be given and the town in which the place of resi-
dence or business of the party to be charged is situated; or,

3. When the i)arty to be charged is the same person who dishonors the instru-
ment; or,

4. When the notice is waived by the party entitled thereto.

8156. Presentment and notice, when excused.

Sec 3156. Presentment and notice are excused as to any party to a negoti-
able instrument who informs the holder, within ten days before its maturity,
that it will be dishonored.

8G6

NEGOTIABLE INSTRIIMENTS. 8157-8172

8157. Smie.

Sec. 3157. If, before or after the maturity of an instrument, an iiidorser has
received full security for the amount thereof, or the 7naker has assij^'ned all hiw
estate to him as such security, presentment and notice to him arc excused.

8158. Delay, lohen excused.

Sec. 3158. Delay in presentment, or in giving notice of dishonor, is exciised
when caused by circumstances which the party delaying could not have avoided
by the exercise of reasonable care and diligence.

8159. Waiver of presentment and notice.

Sec. 3159. A waiver of presentment waives notice of dishonor also, unless
the contrary is expressly stipulated; but a waiver of notice does not waive pre-
sentment.

8160. Waiver of protest.

Sec. 3160. A waiver of protest on any negotiable instrument other than a
foreign bill of exchange waives presentment and notice.

ARTICLE VII.

EXTINCTION OF NEGOTUBLE INSTRUMENTS.

8164. Obligation of party, when extinguished.

Sec. 3164. The obligation of a party to a negotiable instrument is extin-
guished :

1. In like manner with that of jjarties to contracts in general; or,

2. By payment of the amount due upon the instrument, at or after its matu-
rity, in good faith and in the ordinary course of business, to any i)erson having
actual possession thereof, and entitled by its terms to payment.

8165. [Sec. 3165'''^ was repealed by act approved March 30, 1874; Amendments
1873-4, 264; took effect July 1, 1874. J

CHAPTER II.

BILLS OF EXCHANGE.

Article I. Form and Interpretation 8171

II. Days of Grace 81H1

III. Presentment for Acceptance 8185

IV. Acceptance ^IdZ

V. Acceptance or Patmknt for Honor 8203

VI. Presentment for Payment 8211

VII. Excuse of Presentment and Notice • 8218

VIII. Foreign Bills 8221

ARTICLE I.

FORM AND INTERPKETATION OF A BILL.

8171. Bill of exchange, what.

Sec. 3171. A bill of exchange is an instrument, negotiable in form, by which
one, who is called the drawer, requests another, called the drawee, to pay a
specified sum of money.

8172. Drawee, in case of need.

Sec. 3172. A bill of exchange may give the name of any person in addition
to the drawee, to be resorted to in case of need.

(a) Repealed eection: in '^ue course, the obligation thereof revives in his

Sec. 3105. If, after its extinction, a negotiable in- favor.
Btnruient comes into the possession of an indorsee

867

8173-8186 CIVIL CODE,

8173. Bill in parts of a set.

Sec. 3173 . A bill of excLange may be drawn in any number of parts, each
part stating the existence of the others, and all forming one set.

8174. When must he in a set.

Sec. 3174. An agreement to draw a bill of exchange binds the drawer to
execute it in three parts, if the other party to the agreement desires it.

8175. Presentment, etc., of part of set.

Sec. 3175. Presentment, aecej^tance, or payment, of a single part in a set of
a bill of exchange, is sufficient for the whole.

8176. Bill, trhere payable.

Sec. 3176. A bill of exchange is payable:

1. At the place where, by its terms, it is made payable; or,

2. If it specify no i)lace of payment, then at the place to which it is
addressed; or,

3. If it be not addressed to any place, then at the place of residence or
business of the drawee, or wherever he may be found. If the drawee has no
j)lace of business, or if his place of business or residence [cannot] with reason-
able diligence be ascertained, presentment for payment is excused, and the bill
may be jn'otested for non-payment. [Amendment, approved March 30, 1874;
Amendments 1873-4, 264; took effect July 1, 1874.^''>

8177. Bights and obligations of draioer.

Sec. 3177. The rights and obligations of the drawer of a bill of exchange are
the same as those of the first indorser of any other negotiable instrument.

AKTICLE II.

DAYS OF GRACE.

8181. Days of grace.

Sec. 3181. Days of grace are not allowed.

ARTICLE III.

PRESENTMENT FOR ACCEPTANCE.

8185. When a bill may he presented.

Sec. 3185. At any time before a bill of exchange is j^ayable, the holder may
present it to the drawee for acceptance, and if acceptance is refused, the bill is
dishonored.

8186. Presentment for acceptance, hoiv made.

Sec. 3186. Presentment for acceptance must be made in the following man-
ner, as nearly as by reasonable diligence it is practicable :

1. The bill must be presented by the holder or his agent;

2. It must be presented on a business day, and within reasonable hours;

3. It must be presented to the drawee, or, if he be absent from his place of
residence or business, to some person having charge thereof, or employed therein;
and,

4. The drawee, on such presentment, may postpone his acceptance or refusal
until the next day. If the drawee have no place of business, or if his place of
business or residence cannot, with reasonable diligence, be ascertained, pre-
sentment for acceptance is excused, and the bill may be protested for non-

(a) The original Ffction.instpad of the lapt Bfntence "4. If this cnnnot be done, then at the office of any
commencint; with the v;< rds " if the drawee has no notary ijublic in the state."
Ijlace of bubinttB," had a tourth subdivision as fol-
lows:

868

NEGOTIABLE INSTRIBIENTS. 818G-8198

acceptance. [Amendment, approved March 30, 1874; Amendments 1873-4, 2G5;
took effect July 1, 1874/='>

8187. Presentment to joint drawees.

Sec. 3187. Preseutmeut for acceptance to one df several joint drawees, and
refusal by him, dispenses with presentment to the others.

8188. When presentment to he made to drawee in case of need.

Sec. 3188. A bill of exchange which specifies a drawee in case of need, must
be presented to him for acceptance or payment, as the case may bo, before it
can be treated as dishonored.

8189. Presentment, when must he made.

Sec. 3189. When a bill of exchange is payable at a specified time after sight,
the drawer and indorsers are exonerated if it is not presented for acceptance
within ten days after the time which would suffice, with ordinary diligence, to
, forward it for acceptance, unless presentment is excused.

ARTICLE IV.

ACCEPTANCE.

8193. Acceptance, how made.

Sec. 3193. An acceptance of a bill must be made in writing, b}' the drawee
or by an acceptor for honor, and may be made by the accej)tor writing his name
across the face of the bill, with or without other words.

8194. Holder entitled to acceptance on face of bill.

Sec. 3194. The holder of a bill of exchange, if entitled to an acceptance
thereof, may treat the bill as dishonored if the drawee refuses to write across
its face an unqualified accej)tance.

8195. What acceptance sufficient with consent of holder.

Sec 3195. The holder of a bill of exchange may, without prejudice to his
rights against prior jjarties, receive and treat as a sufficient acceptance:

1. An acceptance written upon any part of the bill, or upon a separate
paper;

2. An acceptance qualified so far only as to make the bill payable at a par-
ticular place within the city or town in which, if the accei)tance was unqualified,
it would be payable; or

3. A refusal by the drawee to return the bill to the holder after ijresentment,
in which case the bill is payable immediately, without regard to its terms.

8196. Acceptance by separate instrument.

Sec 3196. The acceptance of a bill of exchange, by a sej:)arate instrument,
binds the acceptor to one, who, upon the faith thereof, has the bill for value or
other good consideration.

8197. Promise to accept, when equivalent to acceptance.

Sec 3197. An unconditional promise, in writing, to accept a bill of exchange,
is a sufficient acceptance thereof, in favor of every person who ujjon the faith
thereof has taken the bill for value or other good consideration.

8198. Cancellation of acceptance.

Sec 3198. The accej)tor of a bill of exchange may cancel his acceptance at
any time before delivex'ing the bill to the holder, and before the holder has,
with the consent of the acceptor, transferred his title to another j)erson who
has given value for it upon the faith of such acceptance. ,

(a) The original section did not have the words " or of residence or business, or there is no person of dis-

his agent" in the first subdivision. The third and cretion therein, then to any not^iry public in the state;

fourtli subdivisions were as follows: and,

" 3. It must be presented to the drawee, if he can be " 4. If the drawee requests it, the bill must be left

found within the state; and if not, then at his place of with him until the same hour of the next day, to which

residence or business, if within the statf , to any per- time he may postpone his acceptance or relusal."
son of discretion therein; and if he has no such place

869

8199-8214 CIVIL CODE.

8189. Whal acceptance admits.

Sec. 3199. The acceptance of a bill of excliange admits the signature of the
drawer, but does not admit the signature of any indorser to be genuine.
[Amendment, approved March 30, 1874; Amendments 1873-4, 265; took effect July
1, 1874.'"'

AETICLE V.

ACCEPTANCE OR PAYMENT FOR HONOR.

8203. When bill may be accepted or paid for honor.

Sec. 3203. On the dishonor of a bill of exchange by the drawee, and, in case
of a foreign bill, after it has been duly protested, it maybe accepted or j)aidby
any person, for the honor of any party thereto.

8204. Holder of bill of exchange bound to accept payment for honor.

Sec. 3204. The holder of a bill of exchange is not bound to allow it to be
accepted for honor, but is bound to accej^t payment for honor.

8205. Acceptance for honor, hotv made.

Sec. 3205. An acceptor or payor for honor must write a memorandum upon
the bill, stating therein for whose honor he accepts or pays, and must give
notice to such parties, with reasonable diligence, of the fact of such acceptance
or payment. Having done so, he is entitled to reimbursement from such parties,
and from all parties prior to them.

8206. Hoiv enforced.

Sec. 3206. A bill of exchange which has been accepted for honor must be
presented at its maturity to the drawee for payment, and notice of its dishonor
by him must be given to the acceptor for honor, in like manner as to an indorser;
after which the accej)tor for honor must i^ay the bill.

8207. Notice of dishonor not excused by acceptance for honor.

Sec. 3207. The acceptance of a bill of exchange for honor does not excuse the
holder from giving notice of its dishonor by the drawee.

AETICLE VI.

PRESENTMENT FOR PAYMENT.

8211. Preseyxtment, lohen bUl not accepted, where made.

Sec. 3211. If a bill of exchange is by its terms payable at a particular place,
and is not accepted on presentment, it must be presented at the same place for
payment, when j^resentment for payment is necessary.

8212. Presentment of bill, pjayable at particular place.

Sec. 3212. A bill of exchange, accej^ted payable at a particular place, must
be i:)resented at that place for i)ayment, when presentment for payment is nec-
essary, and need not be presented elsewhere.

8213. Effect of delay in pjresentment , in certain cases.

Sec. 3213. If a bill of exchange, payable at sight or on demand, without in-
terest, is not duly presented fur payment within ten days after the time in which
it could, with reasonable diligence, be transmitted to the proper place for such
presentment, the drawer and indorsers are exonerated, unless such presentment
is excused.

8214. Effect-in other cases.

Sec. 3214. Mere delay in presenting a bill of exchange payable, with interest,
at sight or on demand, does not exonerate any party thereto.

(a) Original Bt-ction: and if written upon tho bill, it also admits the same to

Skc, :il9'J. The acreptance of a bill of exchnngn ad- Ix- gfimiiir, imd biuaiug upon thodrnwer; but it does

mit8 the capacity of the drawer to draw and indorse it; not admit the signature of any indorser to be genuine.

870

NEGOTIABLE INSTRUMENTS. 8218-8232

ARTICLE VII.

EXCUSE OF PKESENTMENT AND NOTICE.

8218. Presentment, when excused.

Sec. 3218. The presentment of a bill of exchange for acceptance is excused if
the drawee has not capacity to accept it.

8219. Delay, xolien excused.

Sec. 3219. Delay in the presentment of a bill of exchanp^e for acceptance is
excused, when caused by circumstances over which the holder has no control.

8220. Presentment and notice, when excused.

Sec 3220. Presentment of a bill of exchange for acceptance or payment, and
notice of its dishonor, are excused as to the drawer, if he forbids the drawee
to accept, or the acceptor to pay the bill; or if, at the time of drawing, he had
no reason to believe that the drawee would accept or pay the same.

ARTICLE VIII.

FOREIGN BILLS.

8224. Definitions.

Sec. 3224. An inland bill of exchange is one drawn and payable within this
state. All others are foreign.

8225. Protest necessary.

Sec 3225. Notice of the dishonor of a foreign bill of exchange can be given
only by notice of its protest.

8226. Protest, by whom made.

Sec 3226. Protest must be made by a notary public, if with reasonable dili-
gence one can be obtained; and if not, then by any reputable person, in the
presence of two witnesses.

8227. Protest, how made.

Sec. 3227. Protest must be made by an instrument in writing, giving a literal
copy of the bill of exchange, with all that is written thereon, or annexing the
original; stating the presentment, and the manner in which it was made; the
presence or absence of the drawee or acce^Dtor, as the case may be; the refusal
to acceptor to pay, or the inability of the drawee to give a binding acceptance;
and in case of refusal, the reason assigned, if any; and, finally, protesting
against all the parties to be charged.

8228. Protest, where made.

Sec 3228. A protest for non-acceptance must be made in the city or town in
which the bill is presented for acceptance, and a j)rotest for non-payment in the
city or town in which it is jDresented for payment.

8229. Protest, tvhen to be made.

Sec. 3229. A protest must be noted on the day of presentment, or on the next
business day; but it may be written out at any time thereafter.

8230. Protest, when excused.

Sec 3230. The want of a protest of a foreign bill of exchange, or delay in
making the same, is excused in like cases with the want or delay of presentment.

8231. Notice of protest, hoio given.

Sec 3231. Notice of protest must be given in the same manner as notice of
dishonor, except that it may be given by the notary who makes the protest.

8232. Waiver of protest.

Sec 3232. If a foreign bill of exchange on its face waives protest, notice of
dishonor may be given to any party thereto, in like manner as of an inland bill;

871

8232-8246 CIVIL CODE.

except that if an}' indorser of siicli a bill expressl}'' requires j^rotest to be made,
b}' a direction written on tlie bill at or before liis indorsement, protest must be
made, and notice thereof given to him and to all subsequent indorsers.

8233. Declaration hefore iMijment for honor.

Sec. 3233. One who i^ays a foreign bill of exchange for honor must declare,
before payment, in the presence of a person authorized to make protest, for
whose honor he pays the same, in order to entitle him to reimbursement.

8234. Damages alloived on dishonor of foreign bill.

Sec. 3234. Damages are allowed as hereinafter prescribed, as a full compen-
sation for interest accrued before notice of dishonor, re-exchange, expenses, and
all other damages, in favor of holders for value only, upon bills of exchange
drawn or negotiated within this state, and protested for non-acceptance or non-
payment.

8235. Bale of damages.

Sec. 3235. Damages are allowed under the last section upon bills drawn upon
any person :

1. If drawn upon any person in this state, two dollars uj)on each one hundred
dollars of the iDrincij^al sum specified in the bill;

2. If drawn upon any person out of this state, but in any of the other states
west of the Rocky mountains, five dollars upon each hundred dollars of the
jn-incipal sum specified in the bill;

3. If drawn upon any j^erson in any of the United States east of the Rocky
mountains, ten dollars upon each hundred dollars of the principal sum sj^ecified
in the bill;

4. If drawn upon any j^erson in any place in a foreign country, fifteen dollars
upon each hundred dollars of the principal sum specified in the bill.

8236. Interest on amount of ijvotested bill.

Sec 3236. From the time of notice of dishonor and demand of payment,
lawful interest must be allowed upon the aggregate amount of the principal
sum spiecified in the bill, and the damages mentioned in the iDreceding section.

8237. Damages, hoiv estimated.

Sec 3237. If the amount of a protested bill of exchange is expressed in
money of the United States, damages are estimated uj^on such amount without
regard to th'e rate of exchange.

8238. Same.

Sec. 3238, If the amount of a protested bill of exchange is exi3ressed in
foreign money, damages are estimated upon the value of a similar bill at the
time of protest, in the place nearest to the place where the bill was negotiated,
and where such bills are currently sold.

CHAPTER III.

PKOMISSOKY NOTES.

8244. Promissory note, what.

Sec. 3244. A promissory note is an instrument, negotiable in form, whereby
the signer promises to pay a specified sum of money.

8245. Certain instrximents promissorij notes.

Sec. 3245. An instrument in the form of a bill of exchange, but drawn upon
and accejDted by the drawer himself, is to be deemed a promissory note,

8246. Jjill of exchange, when converted into a note.

Sec 3246, A bill of exchange, if accepted, with the consent of the owner, by
a person other than the drawee, or an acceptor for honor, becomes in eftect the
promissory note of such person, and all prior parties thereto are exonerated.

872

WAIVER OF RIGHTS. 8247-8268

8247. Certain sections applicahle to notes.

Sec. 3247. Chapter I of this title, and sections 3181 and 3214 of this code,
apj)ly to promissory notes.

8248. Effect of delay in presentment.

Sec. 3248. If a promissory note, payable on demand, or at sight, without
interest, is not duly presented for payment within six months from its date, the
indorsers thereof are exonerated, unless such presentment is excused.

CHAPTER IV.

CHECKS.

8254. Chech, what.

Sec. 3254. A check is a bill of exchange drawn upon a bank or banker, or a
IDcrson described as such upon the face thereof, and payable on demand, with-
out interest.

8255. Bules applicahle to checks.

Sec'. 3255. A check is subject to all the provisions of this code concerning
bills of exchange, except that:

1. The drawer and indorsers are exonerated by delay in presentment, only
to the extent of the injury which they suffer thereby;

2. An indorsee, after its apparent maturity, but without actual notice of its
dishonor, acquires a title equal to that of an indorsee before such period.

CHAPTER V.

BONDS, BANK NOTES, AND CEKTIFICATES OF DEPOSIT.

8261. Banh note negotiable after payment.

Sec. 3261. A bank note remains negotiable, even after it has been paid by
the maker.

8262. [Sec. 3262'''^ was repealed by act approved March 30, 1874; Amendments
1873-4, 265; took effect July 1, 1874.]

TITLE XYI.

(Snicial |3roubion0.

8268. Parties may waive provisions of code.

Sec. 3268. Except where it is otherwise declared, the provisions of the fore-
going fifteen titles of this part, in respect to the rights and obligations of
parties to contracts, are subordinate to the intention of the parties, when ascer-
tained in the manner XDrescribed by the chapter on the interpretation of con-
tracts; and the benefit thereof may be waived by any party entitled thereto,
unless such waiver would be against public policy.

(a) Eepealed section: dishonor •within his knowledge, acquires a title equal

Sec. 3262. A transferee of a bond, hank note, or cer- to that of a transferee before such event,
tificate of deposit, after its apparent maturity or actual

873

8274r-8281 CIVIL CODE.

DIVISION FOURTH.

Part I. RELIEF 8274

II. SPECIAL RELATIONS OF DEBTOR AND CREDITOR. . . . 8429

III. NUISANCE 8479

IV. MAXIMS OF JURISPRUDENCE .' 8509

P^A-KT I.

RELIEF.

Title I. Relief in Genekal 8274

XL Compensatory Relief 8281

III. Specific and Peeventive Relief 8366

BcUtf

TITLE I.

in (Beneral

8274. Species of relief.

Sec. 3274. As a general rule, compensation is the relief or remedy provided
by the law of this state for the violation of pi'ivate rights, and the means of
securing their observance; and specific and preventive relief may be given in no
other cases than those specified in this part of the Civil Code.

8275. Relief in case of forfeiture.

Sec. 3275. Whenever by the terms of an obligation, a party thereto incurs a
forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to
comply with its provisions, he may be relieved therefrom, upon making full
compensation to the other party, except in case of a grossly negligent, willful,
or fraudulent breach of duty.

TITLE 11.

Chapter I. Damages in General 8281

II. Measure op Damages 8300

CHAPTER I.

DAMAGES IN GENERAL.

A.BT1CLE I. CiKNEItAL PRINCIPLES 8281

II. Intkrest as Damages 8287

III. ExEMPLAEic Damages 829-i

ARTICLE I.

general principles.
8281. Ferson svfferinrj defrinierd may recover damages.

Sec. 3281. Every person who sufiers detriment from the unlawful act or

874

DAMAGES. 8281-8300

omission of another, may recover from the person in fault a compensation there-
for in money, which is called damages.

8282. Detriment, xvhat.

Sec. 3282, Detriment is a loss or harm sufifered in person or property.

8283. Injuries resulting or probable after suit brought.

Sec. 3283. Damages maj' be awarded, in a judicial proceeding, for detriment
resulting after the commencement thereof, or certain to result in the future.

ARTICLE II.

INTEREST AS DAMAGES.

8287. Person entitled to recover damages may recover interest thereon.

Sec 3287. Every person who is entitled to recover damages certain, or cap-
able of being made certain by calculation, and the right to recover which is
vested in him upon a particular day, is entitled also to recover interest thereon
from that day, except during such time as the debtor is prevented by law, or
by the act of the creditor, from paying the debt.

8288. In actions other than contract.

Sec 3288. In an action for the breach of an obligation not arising from con-
tract, and in every case of opj)ression, fraud, or malice, interest may be given,
in the discretion of the jury.

8289. Limit of rate hy contract.

Sec 3289. Any legal rate of interest stipulated by a contract remains charge-
able after a breach thereof, as before, until the contract is superseded by a
verdict or other new obligation.

8290. Acceptance of principal xoaives claim to interest.

Sec. 3290. Accepting j)ayment of the whole principal, as such, waives all
claim to interest.

ARTICLE III.

EXEMPLARY DAMAGES.

8294. Exemplary damages, in what cases allowed.

Sec 3294. In any action for the breach of an obligation not arising from
contract, where the defendant has been guilty of oppression, fraud, or malice,
actual or jiresumed, the jury, in addition to the actual damages, may give dam-
ages for the sake of example, and by way of punishing the defendant.

CHAPTER II.

MEASURE OF DAMAGES.

Article I. Damages foe Bkeach of Contract 8300

II. Damagks for Wrongs 8333

III. Penal Damages 8314

IV. General Provisions 8353

ARTICLE I.

DAMAGES FOR BREACH OF CONTRACT.

8300. Ileasure of damages on breach of contract.

Sec 3300. For the breach of an obligation arising from contract, the measure
of damages, except where otherwise expressly provided by this code, is the
amount which will compensate the party aggrieved for all the detriment prox-
imately caused thereby, or which in the ordinary course of things, would be

875

8300-8308 CWIL CODE.

likely to result therefrom. [Ajnendment, approved March 30, 1874; Amendments
1873-4, 2G5; took effect Jubj 1, 1874/''>

8301. Damages must be certain.

Sec. 3301. No damages can be recovered for a breacli of contract which are
not clearly ascertainable in both their nature and origin.

8302. Breach of contract to pay liquidated sum.

Sec. 3302. The detriment caused by the breach of an obligation to pay money
only, is deemed to be the amount due by the terms of the obligation, Avith
interest thereon.

8303. Dishonor of foreign bills of exchange.

Sec. 3303. For the dishonor of foreign bills of exchange the damages are
prescribed by sections 3235, 3237, and 3238.

8304. Detriment caused by breach of covenant of seizin, etc.; what is.

Sec 3304. The detriment caused by the breach of a covenant of " seizin," of
"right to convey," of "warranty," or of "quiet enjoyment," in a grant of an
estate in real property, is deemed to be :

1. The price paid to the grantor; or, if the breach is partial only, such j)ro-
portion of the price as the value of the property affected by the breach bore at
the time of the grant to the value of the whole propert}^;

2. Interest thereon for the time during which the grantee derived no benefit
from the i:)roperty, not exceeding five years;

3. Any expenses properly incurred b}' the covenantee in defending his i^os-
session.

8305. Detriment caused by breach of covenant against incumbrances.

Sec 3305. The detriment caused by the breach of a covenant against incum-
brances in a grant of an estate in real property is deemed to be the amount
which has been actually expended by the covenantee in extinguishing either
the principal or interest thereof, not exceeding in the former case a proportion
of the i^iice joaid to the grantor equivalent to the relative value at the time of
the grant of the property aff'ected by the breach, as compared with the whole,
or, in the latter case, interest on a like amount.

8306. Breach of agreement to convey real property .

Sec. 3306. The detriment caused by the breach of an agTcement to convey an
estate in real j^roperty, is deemed to be the price paid, and the expenses properly
incurred in examining the title and prej^aring the necessary papers, with interest
thereon; but adding thereto, in case of bad faith, the diff"erence between the
price agreed to be paid and the value of the estate agreed to be conveyed, at
the time of the breach, and the expenses jDroperly incurred in preparing to enter
upon the land.

8307. Breach of agreement to buy real jyroperfy.

Sec 3307. The detriment caused by the breach of an agreement to purchase
an estate in real property, is deemed to be the excess, if any, of the amount
which would have been due to the seller, under the contract, over the value of
the property to him.

8308. Breach of agreement to sell p)ersonal property , not paid for.

Sec 3308. The detriment caused by the breach of a seller's agreement to
deliver personal i:)roperty, the price of Avhich has not been fully paid in advance,
is deemed to be the excess, if any, of the value of the projjerty to the buyer,
over the amount which would have been due to the seller under the contract, if
it had been fulfilled.

(a) The original section, after the -wordB " detriment breach, and while it was in his power to perform the

proximat'ly caused thereby," proceeded as follows: contract upon his part, would be likely to result from

"which the jjarty in fault had notice, at the time of such breach, or which, in the ordinary coui'se of things,

entering into the contract, or at any time before the would be likely to result therefrom."

876

DAMAGES. 8309-8317

8309. Breach of agreement to Siell personal property paid for.

Sec. 3309. The detriment caused by tbe breach of a seller's agreement to
deliver personal property, the price of which has been fully paid to him in
advance, is deemed to be the same as in case of ^vrongf^^l conversion.

8310. Breach of agreement to pay for jjersonal property mid.

Sec. 3310. The detriment caused by the breach of a buyer's agreement to
accept and pay for personal property, the title to which is vested in him, i8
deemed to be the contract price.

8311. Breach of agreement to buy personal property.

Sec. 3311. The detriment caused by the breach of a buyer's agi'eement to
accept and pay for personal property, the title to which is not vested in him, is
deemed to be:

1. If the property has been resold, pursuant to section 3049, the excess, if
any, of the amount due from the buyer, under the contract, over the net
proceeds of the resale; or,

2. If the property has not been resold in the manner prescribed by section
3049, the excess, if any, of the amount due from the buyer, under the contract,
over the value to the seller, together with the excess, if any, of the expenses
properly incurred in carrying the property to market, over those which would
have been incurred for the carriage thereof, if the buyer had accepted it.

8312. Breach of warranty of title to personal property.

Sec. 3312. The detriment caused by the breach of a warranty of the title of
personal property sold, is deemed to be the value thereof to the buyer, when he
is deprived of its possession, together with any costs which he has become
liable to pay in an action brought for the projDerty by the true owner.

8313. Breach of tvarranty of quality of personal property.

Sec 3313. The detriment caused by the breach of a warranty of the quality
of personal property is deemed to be the excess, if any, of the value which the
property would have had at the time to which the warranty referred, if it had
been complied with, over its actual value at that time.

8314. Breach of tvarranty of quality for special purpose.

Sec 3314. The detriment caused by the breach of a warranty of the fitness of
an article of personal property for a particular purpose, is deemed to be that
which is defined by the last section, together with a fair compensation for the
loss incurred by an effort in good faith to use it for such purpose.

8315. Breach of carrier's obligation to receive goods, etc.

Sec 3315. The detriment caused by the breach of a earner's obligation to
accept freight, messages, or passengers, is deemed to be the difference between
the amount which he had a right to charge for the carriage and the amount
which it would be necessary to pay for the same service when it ought to be
performed.

8316. Breach of carrier's obligation to deliver.

Sec. 3316. The detriment caused by the breach of a carrier's obligation to
deliver freight, where he has not converted it to his own use, is deemed to be
the value thereof at the place and on the day at which it should have been
delivered, deducting the freightage to which he would have been entitled if he
had completed the delivery.

8317. Carrier's delay.

Sec 3317. The detriment caused by a caiTier's delay in the delivery of freight,
is deemed to be the depreciation in the intrinsic value of the freight during the
delay, and also the depreciation, if any, in the market value thereof, otherwise

877

8317-8338 CIVIL CODE.

than b}"^ reason of a. depreciation in its intrinsic value, at the place where it
ought to have been delivered, and between the day at which it ought to have
been delivered, and the day of its actual deliveiy.

8318. Breach of xcarranty of authority.

Sec. 3318. The detriment caused by the breach of a warranty of an agent's
authority, is deemed to be the amount which could have been recovered and
collected from his principal if the warranty had been complied with, and the
reasonable expenses of legal proceedings taken, in good faith, to enforce the act
of the agent against his principal.

8319. Breach of loromise of marriage.

Sec. 3319. The damages for the breach of a promise of marriage rest in the
sound discretion of the jury.

ARTICLE II.

DAMAGES FOR WRONGS. • •

8333. Breach of obligation other than contract.

Sec 3333. For the breach of an obligation not arising from contract, the
measure of damages, except where otherwise expressly provided by this code, is
the amount which will compensate for all the detriment proximately caused
thereby, whether it could have been anticipated or not.

8334. Wrongful occupation of real projyerty.

Sec. 3334. The detriment caused by the wrongful occupation of real prop-
erty, in cases not embraced in sections 3335, 3344 and 3345 of this code, or sec-
tion 1174 of the Code of Civil Procedure, is deemed to be the value of the use
of the property for the time of such occupation, not exceeding five years next
preceding the commencement of the action or proceeding to enforce the right to
damages, and the costs, if any, of recovering the possession.

8335. Willful holding over.

Sec 3335. For willfully holding over real property, by a person who entered
upon the same, as guardian or trustee for an infant, or by right of an estate
terminable with any life or lives, after the termination of the trust or particular
estate, without the consent of the party immediately entitled after .such termi-
nation, the measure of damages is the value of the profits received during such
■ holding over.

8336. Conversion, measure of damages.

Sec. 333G. The detriment cmisp/l iw +v>o -., rf^i conversion of personal

§ 3336. Add to first subdivision : " Or where the action he
been '/trosccu/cd with reasonable diligence the highest market vah Conversion with the intcr-

of the [troperty at aiiy time between the conversion and the verdii '

without interest, at the option of the injured party and.''"' [In (

feet, .laiuiaiy 22, 1871.] .„^„^^ properly expended in pursuit

of the property. [Amendment, approved March 30, 1874; Amendments 1873-4,
266; took effect July 1, 1874.^"'

8337. Same.

Sec 3337. The presumption declared by the last section cannot be repelled,
in favor of one whose possession was wrongful from the beginning, by his sub-
sequent application of the property to the benefit of the owner, without his
consent.

8338. Damages of lienor.

Sec 3338. One having a mere lien on personal property, cannot recover

(a) The orijjlnal section difff'rfd from the antcnd-. diligence, the highest mnrket value of the property at

ment in the lirst subdiviKion, \vhi<h, after the words' any time between the converHion and the verdict, with-

"intereKt from that time," proceeded n8 follows: "or, out interest, at the option of the injured party; and,"
■where the action has been prosecuted with reasonable

878

DAMAGES. 8338-8353

greater damages for its conversion, from one having a right thereto superior to
his, after his lien is discharged, than the amount secured by the lien, and the
compensation allowed by section 333G for loss of time and expenses.

8339. Seduction.

Sec. 3339. The damages for seduction rest in the sound discretion of the

8340. Injuries to animals.

Sec. 3340. For wrongful injuries to animals being siibjocts of property, com-
mitted willfully or by gross negligence, in disregard of humanity, exemplary
damages may be given.

ARTICLE III.

PENAL DAM.\GES.

8344. Failure to quit, after notice.

Sec. 3344. If any tenant give notice of his intention to quit the premises,
and does not deliver up the possession at the time specified in the notice, he
must paj to the landlord treble rent during the time he continues in i^ossession
after such notice.

8345. Tenant, willfully holding over.

Sec. 3345. If any tenant, or any person in collusion with the tenant, holds
over any lands or tenements after demand made and one month's notice, in
"writing given, requiring the possession thereof, such person holding over must
pay to the landlord treble rent during the time he continues in possession after
such notice.

8346. Injuries to trees, etc.

Sec. 3346. For wrongful injuries to timber, trees, or underwood upon the
land of another, or removal thereof, the measure of damages is three times such
a sum as would compensate for the actual detriment, excej^t where the trespass
was casual and involuntary, or committed under the belief that the land belonged
to the trespasser, or where the wood was taken by the authority of highway
officers for the purposes of a highway; in which cases the damages are a sum
equal to the actual detriment.

8347. Injuries inflicted in a duel.

Sec 8347. If any person slays or permanently disables another person in a
duel in this state, the slayer must provide for the maintenance of the widow or
wife of the person slain or permanently disabled, and for the minor children,
in such manner and at such cost, either by aggregate comj)ensation in damages
to each, or by a monthly, quarterly, or annual allowance, to be determined by
the court.

8348. Same.

Sec 3348. If any person slays or permanently disables another person in a
duel in this state, the slayer is liable for and must pay all debts of the person
slain or permanently disabled.

ARTICLE IV.

general provisions.

8358. Value, hoio estimated in favor of seller.

Sec 3353. In estimating damages, the value of property to a seller thereof is
deemed to be the price which he could have obtained therefor in the market
nearest to the place at which it should have been accepted by the buyer, and at
such time after the breach of the contract as would have sufficed, with reason-
able diligence, for the seller to effect a resale.

879

8354-83G6 CIVIL CODE.

8354. Value, hoiv estimated in favor of buyer.

Sec. 3354. In estimating' damages, except as provided by sections 3855 and
8356, the value of iDi'operty, to a buyer or owner thereof, deprived of its posses-
sion, is deemed to be the i^iice at which he might have bought an equivalent
thing in the market nearest to the place where the property ought to have been
put into his possession, and at such time after the breach of duty upon which
his right to damages is founded as would suffice, with reasonable diligence, for
him to make such a purchase.

8355. Property of peculiar value.

Sec. 3355. Where certain property has a peculiar value to a person recovering
damages for a deprivation thereof, or injury thereto, that may be deemed to be
its value against one who had notice thereof before incurring a liability to dam-
ages in respect thereof, or against a willful wrongdoer.

8356. Value of thing in action.

Sec. 3356. For the purpose of estimating damages, the value of an instru-
ment in writing is presumed to be equal to that of the property to which it
entitles its owner. [Amend7nent, approved March 30, 1874; Amendments 1873-4,
266; took effect July 1, 1874.'^'

8357. Damages allowed in this chapter, exclusive of others.

Sec. 3357. The damages prescribed by this chapter are exclusive of exemplary
damages and interest, except where those are expressly mentioned.

8358. Limitation of damages.

Sec. 3358. Notwithstanding the provisions of this chapter, no person can
recover a greater amount in damages for the breach of an obligation than he
could have gained by the full j)erformance thereof on both sides, except in the
cases specified in the articles on exemplary damages and penal damages, and in
sections 3319, 3339, and 3340.

8359. Damages to he reasonable.

Sec. 3359. Damages must, in all cases, be reasonable, and where an obliga-
tion of any kind appears to create a right to unconscionable and grossly oppres-
sive damages, contrary to substantial justice, no more than reasonable damages
can be recovered.

8360. Nominal damages.

Sec 3360, When a breach of duty has caused no appreciable detriment to the
party affected, he may yet recover nominal damages.

TITLE III.

Svmfic m\h JJitueutiiic lldief.

Chapter I. General Principles 8366

II. Specific Kelief 8375

III. Preventive Relief 8420

CHAPTEK I.

GENERAL PRINCIPLES.
8366. Specif c relief, etc., when allowed.

Sec 3366. Specific or preventive relief may be given in the cases specified in
this title, and in no others.

(a) The original section, inetead of " an iUBtrument in writing," had the words " a thing in action."

880

SPECIFIC AND PKEVENTIVE RELIEF. 83G7-83S4

8367. Specific relief, how given.
Sec. 3367. Si:)ecific relief is given:

1. By taking possession of a thing, and delivering it to a claimant;

2. By compelling a party himself to do that which ought to be done; or,

3. By declaring and determining the rights of parties, otherwise than by an
award of damages.

8368. Preventive relief, how given.

Sec. 33G8, Preventive relief is given by prohilnting a party from doing that
which, ought not to be done.

8369. Not to enforce penalty , etc.

Sec. 33G9. Neither sj^ecific nor preventive relief can be granted t(j eiiloice a
penal law, except in a case of nuisance, nor to enforce a penalty or forfeiture in
any case.

CHAPTER II.

SPECIFIC EELIEF.

Aeticle I. Possession or Eeal Propeety 8375

II. Possession of Personal Peopeety 8379

III. Specific Peefoemance of Obligations 8384

IV. Kevision of Conteacts 8399

V. Rescission of Conteacts 84(J6

VI. Cancellation of Instruments 8412

ARTICLE I.

POSSESSION OF EEAL PROPERTY.

8375. Judgment for possessioii or title.

Sec. 3375. A person entitled to specific real property, by reason either of a
perfected title, or of a claim to title which ought to be perfected, may recover
the same in the manner prescribed by the Code of Civil Procedure, either by a
judgment for its possession, to be executed by the sherifi", or by a judgment
requiring the other party to perfect the title, and to deliver possession of the
property.

ARTICLE II.

POSSESSION OF PERSONAIi PROPERTY.

8379. Judgment for delivery.

Sec. 3379. A person entitled to the immediate possession of specific personal
property may recover the same in the manner provided b}- the Code of Civil
Procedure.

8380. Oivner may recover specific property.

Sec. 3380. Any person having the possession or control of a particular article
of personal property, of which he is not the owner, may be compelled specifi-
cally to deliver it to the person entitled to its immediate possession. [Amend-
ment, approved March 30, 1874; Amendments 1873-4, 2GG ; look efi'ect July 1,
1874.^^'

ARTICLE III.
specific performance of obligations.

8384. Specific performance, when compelled.

Sec. 3384. Except as otherwise provided in this article, the specific perfoi-m-

la) The original section had the following addi- When pecuniary compensation would not afford adc-

tional words after " possession:" " in either of the ful- quate relief for the loss of the thing claimed : or a.

lowin" cases- 1. When the thing claimed is held sub- Wlien it would be extremely difhcult to ascertain the

ject to an express trust in favor of the claimant; 2. actual damage caused by its lose."

55 881

8384-8391 CIVIL CODE.

ance of an obligation may be comi^elled. [Amendment, approved Ilarch 80,
1874; Amendments 1873-4,'26G; took effect July 1, 1874/=^>

8385. [Sec. 3385 ^"^ was repealed by act approved March 30, 1874; Amend-
ments 1873-4, 267; took effect July 1, 1874.]

8386. No remedy unless mutual.

Sec. 3386. Neither party to an obligation can be compelled specifically to
perform it, unless the other party thereto has performed, or is compellable
specifically to perform, everything to which the former is entitled under the
same obligation, either completely or nearly so, together with fvtll compen-
sation for any want of entire performance.

8387. Distinction between real and personal jiroperty .

Sec. 3387. It is to be presumed that the breach of an agreement to transfer
real property cannot be adequately relieved by pecuniary compensation, and
that the breach of an agreement to transfer personal property can be thus
relieved.

8388. Contract signed by one party only, may be enforced by other.

Sec. 3388. A party who has signed a written contract may be compelled
specifically to perform it, though the other party has not signed it, if the latter
has performed, or offers to perform it on his part, and the case is otherwise
proper for enforcing specific performance.

8389. Liquidation of damages not a bar to specific performance.

Sec. 3389. A contract otherwise proper to be sjDecifically enforced, may be
thus enforced, though a penalty is imposed, or the damages are liquidated for
its breach, and the party in default is willing to pay the same.

8390. What cannot be specifically enforced.

Sec. 3390. The following obligations cannot be specifically enforced:

1. An obligation to render personal service;

2. An obligation to employ another in personal service;

3. An agreement to submit a controversy to arbitration;

4. An agreement to perform an act which the party has not j^ower lawfully to
perform when required to do so;

5. An agreement to procure the act or consent of the wife of the contracting
party, or of any other third person; or,

6. An agreement, the terms of which are not sufficiently certain to make the
precise act which is to be done clearly ascertainable.

8391. Wlial parties cannot be compelled to perform.

Sec. 3391. Specific performance cannot be enforced against a party to a con-
tract in any of the following cases:

1. If he has not received an adequate consideration for the contract;

2. If it is not, as to him, just and reasonable;

3. If his assent was obtained by the misrepresentations, concealment, cir-
cumvention, or unfair practices of any party to whom performance would
becouie due under the contract, or by any promise of such partj' which has not
been substantially fulfilled; or,

4. If his assent was given under the influence of mistake, misaj)i5rehension,
or surprise, except that where the contract provides for comjoensation in case

(a) The f)riginal Bection had the following addi- the pjirties to the contract, that ppccitic porforniance
tioual words alter " compt-lUd:" " 1. When the act to tlurecjf may be required by either party, or that dam-
be done is in the performance, wholly or partly, of an ayes shall not be considered adequate relief."
express lru;-t; 2. When the act to be done is such that (h) Uejjealed section:

pecuniary coiiipensation for Its uon-iierf'orniance would Skc. Sasr). When either of the parties to an ohliga-

not afford adecpiate relief; 3. When it would be ex- tion is entitled to a specific performance thereof, ac-

tremelv difficult to ascertain the ac tual damage caused cording to the provisions of the last section, the other

by the'non-performance of the act to be done; or, 4. party is also entitled to it, though not within those

When it has been expressly agreed, in writing, between provisions."

882

SPECIFIC AND PREVENTIVE RELIEF. 8392-8400

of mistake, a mistake within the scope of such provision may he coinponsated
for, and the contract speciticall}^ enforced in otlier respects, if ^jroper to be so
enforced.

8392. JVJiat parties cannot have specific performance in their favor.

Sec. 3392. Specific performance canuot be enforced in favor of a party who
has not fully and fairly performed all the conditions precedent on his part to
the obligation of the other party, except Avhere his failure to perform is only
partial, and either entirely immaterial, or capable of being fully compensated,
in which case specific performance may be compelled, ujjon full compensation
being- made for the default.

8393. [Sec. 3393^''> was repealed by act approved March 80, 1874; Amend-
ments 1873-4, 267; took efiect July 1, 1874.J

8394. Agreement to sell property by one who has no title.

Sec 3394. An agreement for the sale of property cannot be specifically
enforced in favor of a seller who cannot give to the buyer a title free from
reasonable doubt.

8395. Belief against paiiies claiming under person bound to perform.

Sec 3395. Whenever an obligation in respect to real property would ha
si^ecifically enforced against a particular person, it may be in like manner
enforced against any other person claiming under him by a title created subse-
quently to the obligation, except a purchaser or incumbrancer in good faith and
for value, and except, also, that any such person may exonerate himself by con-
veying all his estate to the person entitled to enforce the obligation.

ARTICLE IV.

REVISION OF CONTRACTS.

8399. When contract may be revised.

Sec 3399. When, through fraud or a mutual mistake of the parties, or a
mistake of one party, which the other at the time knew or susp)ected, a written
contract does not truly express the intention of the jDarties, it may be revised
on the apj)lication of a party aggrieved, so as to express that intention, so far as
it can be done without prejudice to rights acquired by third persons, in good
faith and for value.

8400. Presumption as to intent of parties.

Sec 3400. For the purpose of revising a contract, it must be presumed that
all the parties thereto intended to make an equitable and conscientious agree-
ment.

8401. Principles of revision.

Sec 3401. In revising a written instrument, the court may inquire what the
instrument was intended to mean, and what were intended to be its legal con-
sequences, and is not confiined to the inquiry what the language of the instru-
ment was intended to be.

8402. Enforcement of revised contract.

Sec 3402. A contract may be first revised and then specifically enforced.

ARTICLE V.

RESCISSION OF CONTRACTS.

8408. When rescission may be adjudged. ,

Sec 3406. The rescission of a written contract may be adjudg:ed, on the
application of a party aggrieved :

(a) Repealed section: required to iierform than its refusal would operate

Seo. 33yti. Specific performance cannot be compelled upon the party seeking it.
when it would operate more harshly upon the party

883

8406-8423 CIVIL CODE.

1. In any of the cases mentioned in section 1589; or,

2. Where the contract is unlawful, for causes not apparent upon its face, and
the parties were not equally in fault; or,

3. When the public interest will be prejudiced by permitting it to stand.

8407. Bescission for mistake.

Sec. 3407. Rescission cannot be adjudged for mere mistake, unless the party
against whom it is adjudged can be restored to substantially the same position
as if the contract had not been made.

8408. Court may require party rescindivg to do eqxiity.

Sec. 3408. On adjudging the rescission of a contract, the court may require
the part}' to whom such relief is granted to make any compensation to the other
which justice may require.

ARTICLE VI.

CANCELLATION OF INSTRUMENTS.

8412. When cancellation may he ordered.

Sec 3412. A written instrument, in i^espect to which there is a reasonable
apprehension that if left outstanding it may cause serious injury to a person
against whom it is void or voidable, may, upon his application, be so adjudged,
and ordered to be delivered up or canceled.

8413. Instrument obviously void.

Sec 3413. An instrument, the invalidity of which is apparent uj)on its face,
or upon the face of another instrument which is necessary to the use of the
former in evidence, is not to be deemed capable of causing injury, within the
provisions of the last section.

8414. Cancellation in part.

Sec 3414. Where an instrument is evidence of different rights or obligations,
it may be canceled in part, and allowed to stand for the residue.

CHAPTER III.

PEEYENTIVE RELIEF.

8420. Preventive relief, how granted.

Sec 3420. Preventive relief is granted by injunction, provisional or final.

8421. Provisional injunctions.

Sec. 3421. Provisional injunctions are regulated by the Code of Civil Pro-
cedure.

8422. Injunction, xohen allowed.

Sec 3422. Except where otherwise provided by this title, a final injunction
may be granted to prevent the breach of an obligation existing in favor of the
applicant:

1. Where pecuniar}- compensation would not afford adequate relief;

2. Where it would be extremely difficult to ascertain the amount of compen-
sation which would afford adequate relief;

3. Where the restraint is necessary to prevent a multiplicity of judicial pro-
ceedings; or,

4. Where the obligation arises from a trust.

8423. Injunction, tchen not alloiced.

Sec. 3423. An injunction cannot be granted:

1. To stay a judicial in-oceeding j^ending at the commencement of the action
in which the injunction is demanded, unless such restraint is necessary to pre-
vent a multiplicity of such i^roceedings;

884

DEBTOR AND CREDITOR. 8423-8433

2. To stay proceeding-s in a court of the Unitetl States;

3. To stay proceedings in another state upon a judgment of a court of that
state ;

4. To prevent the execution of a public statute, by oflicers of the hiw, furtlic
public benefit;

5. To prevent the breach of a contract, the performance of which wcjuld not
be specifically enforced;

G. To prevent the exercise of a public or private office, in a lawful manner, by
the person in possession ;

7. To j^revent a legislative act by a municipal corporation. \Amriirlineiif, ap-
2yroved March SO, 1874; Amendments 1873-4, 267; took effeclJahj 1, 1874.'*>

I^A.IIT II.

SPECIAL RELATIONS OF DEBTOR AND CREDITOR.

Title I. General Principles 8429

II. Fraudulent Instruments and Transfers 8439

III. Assignments for the Benefit of Creditors 8449

TITLE I.

(Bcucral ilrinriplc^.

8429. Whois a debtor.

Sfc. 3429. A debtor, within the meaning of this title, is one who, by reason
of an existing obligation, is or may become liable to pay money to another,
whether such liability is certain or contingent.

8430. Who is a creditor.

Sec. 3430. A creditor, within the meaning of this title, is one in whose favor
an obligation exists, by reason of w^hich he is, or may become, entitled to the
payment of money.

8431. Contracts of debtor are valid.

Sec. 3431. In the absence of fraud, every contract of a debtor is valid against
all his creditors, existing or subsequent, who have not acquii-ed a lien on the
property affected by such contract.

8432. Payments in preference.

Sec. 3432. A debtor may pay one creditor in preference to another, or may
give to one creditor secui-ity for the payment of his demand in preference to
another.

8433. Relative rights of different creditors.

Sec. 3433. Where a creditor is entitled to resort to each of several funds for
the satisfaction of his claim, and another person has an interest in, or is entitled

(a) .The orisinal section had nine subdivisions, the nuisance; exceiit that in an action lor divorce, an in-

seventh and eighth of which were like tlie above sixth junction may be granted to prevent interference with

and seventh. The sixth and ninth of the original were a wife or child ;

as follows: '"J- Where relief, equally efficacious, can bP obtained

" 6. To prevent an injury to the iserson, character, or by any other usual mode of proceeding, except in caae

personal relations of the applicant, not amounting to a of breach of trust."

885

8433-8449 CIVIL CODE.

as a creditor to resort to some, but not all of them, tLe latter may require the
former to seek satisfaction from those funds to which the latter has no such
claim, so far as it can be done without impairing the right of the former to com-
j)lete satisfaction, and without doing injustice to third persons.

TITLE II.

8439. Transfer, etc., xcith iiiterd to defraud creditors.

Sec. 3439. Every transfer of j)roperty or charge thereon made, every obliga-
tion incurred, and every judicial proceeding taken, with intent to delay or
defraud any creditor or other person of his demands, is void against all creditors
of the debtor, and their successors in interest, and against any person upon
whom the estate of the debtor devolves in trust for the benefit of others than
the debtor.

8440. Certain transfers presumed fratululent .

Sec. 3440. Every transfer of personal property, other than a thing in action,
or a shijo or cargo at sea, or in a foreign port, and every lieu thereon, other than
a mortgage, when allowed by law, and a contract of bottomry or respondentia,
is conclusively presumed, if made by a i^erson having at the time the possession
or control of the jDroperty, 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 successors 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 incumbrancers in good faith
subsequent to the transfer.

8441. Creditor's right must be judicially ascertained.

Sec 3441. A creditor can avoid the act or obligation of his debtor for fraud
only where the fraud obstructs the enforcement, by legal process, of his right
to take the property afi'ected by the transfer or obligation.
8442 Question of fraud, how determined.

Sec 3442. In all cases arising under section 1227, or tinder the provisions of
this title, except as otherwise provided in section 3440, the question of fraud-
ulent intent is one of fact, and not of law; nor can any transfer or charge be
adjudged fraudulent solely on the ground that it was not made for a valuable
consideration.

TITLE III.

2V555iGmitcnl!5 for tijc JJciicfJl of (Ticiiitoisi.

8449. When debtor may execute assignment.

Sec. 3449. An insolvent debtor may, in good faith, execute an assignment of
propei-ty to one or more assignees, in trust for the satisfaction of his creditors,
in conformity to the provisions of this chapter; subject, however, to the pro-
visions of this code relative to trusts and to fraudulent transfers, and to the
restrictions imposed by law upon assignments by sj^ecial partnershij)S, by cor-
j)orations, or by other specific classes or persons.

88(J

DEBTOR AND CREDITOR. 8450-8458

8450. Insolvency, ivhnt.

Sec. 3450. A debtor is insolvent, Avithin the meaning of tliis title, wlion be is
unable to pay bis debts from bis own means, as tbey become due.

8451. Certain transfers not affected.

Sec, 3451. Tbe provisions of this title do not prevent a person residing in
another state or country from making there, in good faith and without intent
to evade the laws of this state, a transfer of property situated within it; nor do
they affect the po-sver of a person, although insolvent and within this state, to
transfer property to a pprticular creditor for the piirpose of paying or securing
the whole or part of a debt owing to such creditor, whether in his own light
or otherwise.

8452. What debts may be secured.

Sec. 3452. An assignment for tbe benefit of creditors may provide for any
subsisting liability of the assignor which he might lawfully pay, Avhotlier abso-
lute or contingent.

8453. [Secs. 3453, 3454, 3455, and 345G,<''> were repealed by act, approved March
30, 1874; Amendments 1873-4, 2G7; took effect July 1, 1874.]

8457. Assignment, u-hen void.

Sec. 3457. An assignment for the benefit of creditors is void against any cred-
itor of the assignor not assenting thereto, in the following cases:

1. If it give a preference of one debt or class of debts over another;

2. If it tend to coerce any creditor to release or compromise his demand;

3. If it proAdde for the payment of any claim known to the assignor to be
false or fraudulent, or for the payment of more upon any claim than is known
to be justly due from the assignor;

4. If it reserve any interest in the assigned property, or in any part thereof,
to the assignor, or for his benefit, before all his existing debts are paid;

5. If it confer upon the assignee any power which, if exercised, might prevent
or delay the immediate conversion of the assigned iDrojierty to the purposes of
the trust;

6. If it exempt him from liabilit}^ for neglect of duty or misconduct. [Amend-
ment, approved March 30, 1874; Amendments 1873-4, 2G7; took effect July 1,
1874.^^"

8458. The instrument of assignment.

Sec. 3458. An assignment for the benefit of creditors must be in writing, sub-
scribed by the assignor, or by his agent thereto authorized by writiiig. It
must be acknowledged, or proved and certified, in the mode prescribed by the
chax^ter on recording transfers of real property, and recorded as required by
sections 3463 and 3464; but recording in one county constitutes a compliance
with the following section.

(a) Repealed sections: Seo. 3455. No provision in an ssslgnnjent, giving a
Sec. 34.')3. Except as otherwise speciaUy provided by preference to a creditor, can affect or impair any rinht
statute, an assignment by an insolvent debtor, for the of another creditor to priority of payment, whether
benefit of creditors, may give a preference to one or created by law, or arising from an obligation or trans-
more creditors or classes of creditors in the following action of the parties.

cases, and in no others: 1. Judgments may be -pre- Sec. 345i;. Joiut.or joint and seveinl debtors, can pre-
ferred to debts not in judgment; 2. Debts which are fer their joint cr.ditors only out of jdint property: and
liens or charges upon the assigned property, or upon can prefer the inaividu:il creditors ol each, only out of
some part of it, may be preferred to debts which are the separate property of eac'h. , ,. . . .,
not such liens or charges; 3. Debts for money or other (6) The original section had eight subdivisions; the
property lent without interest may be preferred for third, fifth, sixth and seventh were like the second.
debts for money lent upon interest, or for property fourth, fifth and sixth above. In the first it did net
sold- i. Debts due from the assignor bv virtue of a have the word "unlawful," and in the Ion rth. other-
trust may be preferred to debts whiih are nottliusdne; wise like the above third, it did n.it have the words
and, 5. Debts for personal services performed within " known to be." The second and eighth were as fol-
six months next before the assignment may, to an ex- lows: .. , , »
tent not exceeding one hundred dollars to any one per- " 'i. If it gives a preference dependent upon any con-
son, be preferred to other debts not within any of the dition or contingency, or with any power of revocation
preceding classes. reserved; _ ^^

Sec. 34i1. A preference, in an assignment for the "8. If it violates section 34ob of this code.
benefit of creditors, can only be given absolutely, and
without reserving any power of revocation.

887

8459-8465 CIVIL CODE.

8459. Compliance with provisions of last section necessary to validity of assignment.
Sec. 3459. Unless the provisions of the last section are complied with, an

assignment for the benefit of creditors is void against every creditor of the
assignor not assenting thereto.

8460. Assignee takes, subject to riglits of third j^arties.

Sec. 3460. An assignee for the benefit of creditors is not to be regarded as a
l^urchaser for value, and has no greater rights than his assignor had, in respect
to things in action transferred by the assignment.

8461. Inventory required.

Sec. 3461. Within twenty days after an assignment is made for the benefit of
creditors, the assignor must make and file, in the manner prescribed by section
3463, a full and true inventory, showing:

1. All the creditors of the assignor;

2. The place of residence of each creditor, if known to the assignor; or if not
known, that fact must be stated;

3. The sum owing to each creditor and the nature of each debt or liability,
whether arising on written security, account, or otherwise;

4. The true consideration of the liability in each case, and the place where it
arose ;

5. Every existing judgment, mortgage, or other security for the payment of
any debt or liability of the assignor;

6. All projDcrty of the assignor at the date of the assignment, which is exempt
by law from execution; and,

7. All of the assignor's property at the date of the assignment, both real and
personal, of every kind, not so exempt, and the incumbrances existing thereon,
and all vouchers and securities relating thereto, and the value of such property
according to the best knowledge of the assignor.

8462. Verification of inventory.

Sec. 3462. An affidavit must be made by every person executing an assign-
ment for the benefit of creditors, to be annexed to and filed with the inventor}'
mentioned in the last section, to the effect that the same is in all respects just
and true, according to the best of such assignor's knowledge and belief.

8463. Recording assignment and filing inventory.

Sec. 3463. An assignment for the benefit of creditors must be recorded, and
+1..C. Ln-vAntorv required by section 3461 filed with the county recorder of the

.iif^l^^r "" ""' " '''' " "' ^"^"^ ""«• tl" ^"^et, :^ assignment; or, if he

J the county m which his

ACT TO piioTKc'T .srocKiiof DPRQ av,^ „ li^d uot theu a rcsideuce

• I '(.KIlOLnKRS AND PKRSON.S DKALUNG WITH , ■. i • i • t ii

COlil'OKATIONS IN THIS STATK thC COUllty lU WhlCh thC

. . . olhctr of any corporation formed or oxistlno-
-f, or transai'tinL' bnsiiiPss In fi,„ „ "

litors is executed b}' more
the inventory required by
lunty in which an}' of the
, not then residing in this

^"h a L'rcater vai ... ,1 1' "'"^■' '^'^ '''"^'^ '" «"^'l' ^'or- I's IS void against creditors

)rancers m good laith and
entory required by section
enty days after the dale of

DEBTOR AND CREDITOR. 84GG-8i73

8466. Assignment of real property.

Sec. 34GG. Where an assignment for tlie benefit of creditors embraces real
i:)roi5erty, it is subject to the provisions of Article IV of the chapter on record-
ing transfers, as well as to those of this title.

8467. Bond of assignees.

Sec. 34G7. Within thirty days after the date of an assignment for the benefit
of creditors, the assignee must enter into a bond to the people of this state, in
such amount as may be fixed by the county judge of the county in which the
original inventory is filed, with sufficient sureties, to be approved by such judge,
and conditioned for the faithful discharge of the trust, and the due accounting
for all moneys received by the assignee, which bond must be filed in the same
office with the original inventory.

8468. Conditions of disiMsal and conversion.

Sec. 34G8. Until the inventory and affidavit required by sections 34G1 and
34G2 have been made and filed, and the assignee has given a bond as required
by the last section, the assignee for the benefit of creditors has no authority to
dispose of the estate or convert it to the purposes of the trust.

8469. Accountings. I

Sec. 34G9. After six months from the date of an assignment for the benefit of
creditors, the assignee may be required, on the petition of any creditor, to
account before the county judge of the county where the accompanying inven-
tory was filed, in the manner prescribed by the insolvent laws of this state.

8470. Property exempt.

Sec. 3470. Property exempt from execution, and insurance upon the life of
the assignor, do not j)ass to the assignee by a general assignment for the benefit
of creditors, unless the instrument specially mentions them, and declares an
intention that they should pass the"reby.

8471. Compensation.

Sec. 3471. In the absence of any provision in the assignment to the contrary,
an assignee for the benefit of creditors is entitled to the same commissions as
are allowed by law to executors and guardians; but the assignment cannot
grant more, and may restrict the commissions to a less amount, or deny them
altogether.

8472. Assignees protected for acts done in good fiith.

Sec. 3472. An assignee for the benefit of creditors is not to be held liable for
his acts, done in good faith, in the execution of the trust, merely for the reason
that the assignment is afterwards adjudged void.

8473. Assent of creditor necessary to modification of assignment .

Sec. 3473. An assignment for the benefit of creditors, which has been ex-
ecuted and recorded so as to transfer the property to the assignee, cannot
afterwards be canceled or modified by the parties thereto, without the consent
of every creditor affected thereby.

889

8479-8480 CIVIL CODE.

I>^RT III.

NUISANCE.

Title I. General Principles 8479

II. Public NL^SANCES 8490

III. Private Nuisances 8501

TITLE I.

8479. Nuisance, u-hat.

Sec. 3479. Anj'tbing ■whieii is injurious to health, or is indecent or offensive
to the senses, or an obstruction to the free use of property, so as to interfere
with the comfortable enjoyn^nt of life or propertj^ or unlaAvfully obstructs the
free passage or use, in the customary manner, of any navigable lake, or river,
bay, stream, canal, or basin, or any public park, square, street, or highway, is
a nuisance. [Amendment, approved Ilarch 30, 1874; Amendments 1873-4, 2G8;
took effect July 1, 1874. ^^>

8480. Public nuisance.

Sec. 3480. A public nuisance is one which affects at the same time an entire
community or neighborhood, or any considerable number of persons, although
the extent of the annoyance or damage inflicted upon individuals may be un-
equal. [Amendment, approved March 30, 1874; Amendments 1873-4, 2G8; took
effect July 1, 1874.^''>

[The amendatory act of March 30, 1874 (Amendments 1873-4, 181-269), from
which most of the foregoing amendments and new sections of the Civil Code
are taken, contained three additional sections, relating to its effect, as follows:]

Effect of amendatory act of March 30, 1874.

Sec. 286. All provisions of law inconsistent with the provisions of this act
are hereby repealed, but no rights acc^uired or proceedings taken under the
provisions repealed, shall be impaired or in any manner affected by this repeal;
and whenever a limitation or period of time is prescribed by such repealed jn'o-
visions for acquiring a right or barring a remedy, or for any other purpose, has
begun to run before tbis act takes effect, and the same or auy other limitation
is prescribed by this act, the time of limitation which shall have run when this
act takes effect shall be deemed part of the time prescribed by this act.

Effect of amendatory act as to other acts passed at session of 1811-2.

Sec 287.. With relation to the laws passed at the present session of the legis-
lature, this act must be construed as though it had been passed at the first day
of the present session; if the provisions of an}' law passed at the present session
of the legislature contravene or are inconsistent with the provisions of this act,
the provisions of such law must prevail.

(a) Original section: or navigable river, bay, stream, canal, or basiu, or auy

8eo 3479. A niiiHance consists in nnlawfiilly doing public park, square, street, or highway; or,

an act, or omitting to perform a duty, which act or 4. In anyway renders other i)ersous insecure in life,

omisKion either: or in the use of property.

1. Annoys, injures, or endangers the comfort, re- {h) Origiual section:

Iiose, health, or i^afety of others; or. Sec. :i48(). A public nuisance is one whiih afificts

2. Oflfends decency-; or, equally the riglits of an entire commuuity or niii:?hl)or-

3. I'nlawfully interferes with, obstructs, or tends hood, although the extent of the damage may be un-
to obstruct, or renders dangerous for jjassage, any lake, equal.

890

NUISANCE. 8480-8501

Sec. 288. This act shall take effect on the first clay of July, one thousand
eight hundred and seventy-four.

8481. Private nuisance.

Sec. 3481. Every nuisance not included in the definition of the last section
is private.

8482. Wiat is not deemed a nuisance.

Sec. 3482. Nothing which is done or maintained under the express authority
of a statute can be deemed a nuisance.

8483. Successive oivners.

Sec. 3483. Eveiy successive owner of property who neglects to abate a con-
tinuing nuisance upon, or in the use of, such property, created by a fonner
owner, is liable therefor in the same manner as the one who first created it.

8484. Abatement does not jjreclude action.

Sec. 3484. The abatement of a nuisance does not prejudice the right of any
person to recover damages for its past existence.

TITLE II.

Public JUiJ*jiancc0.

8490. Lapse of time does not legalize.

Sec. 3490. No lapse of time can legalize a public nuisance, amounting to an
actual obstruction of public right.

8491. Abatement.

Sec. 3491. The remedies against a public nuisance are:

1. Indictment;

2. A civil action; or,

3. Abatement.

8492. Indictment.

Sec. 3492. The remedy by indictment is regulated by the Penal Code.

8493. Action.

Sec. 3493. A private person may maintain an action for a joublic nuisance, if
it is specially injuiious to himself, but not othei-wise.

8494. Abatement, by tvhom.

Sec. 3494. A public nuisance may be abated by any public body or officer
authorized thereto by law.

8495. Hoiv abated.

Sec. 3495. Any person may abate a joublic nuisance which is si:)eciall3- in-
jurious to him by removing, or, if necessary-, destroying the thing which con-
stitutes the same, without committing a breach of the peace, or doing unneces-
saiy injury.

TITLE III.

JJnuatc lluioancco.

8501. Remedies for private nuisance.

Sec. 3501. The remedies against a private nuisance are:

1. A ciA"il action; or,

2. Abatement.

891

8502-8524 CIVIL CODE.

8502. Abatement , ivhen allowed.

Skc. 3502. A j^erson injured by a private nuisance may abate it by removing,
or, if necessary, destroying the thing which constitutes the nuisance, without
committing a breach of the peace, or doing unnecessary injury.

8503. When notice is required.

Sec. 3503. Where a private nuisance results from a mere omission of the
wrongdoer, and cannot be abated without entering upon his land, I'easonable
notice must be given to him before enterino- to abate it.

P.AIIT IV.

MAXIMS OF JURISPRUDENCE.

8509. Sec. 3509. The maxims of jurisprudence hereinafter set forth are in-
tended not to qualify any of the foregoing provisions of this code, but to
aid in their just application.

8510. Sec. 3510. "When the reason of a rule ceases, so should the rule itself.

8511. Sec 3511. Where the reason is the same, the rule should be the same.

8512. Sec. 3512. One must not change his purpose to the injuiy of another.

8513. Sec. 3513. Any one may waive the advantage of a law intended solely
for his benefit. But a law established for a public reason cannot be con-
travened by a private agreement.

8514. Sec 3514. One must so use his own rights as not to infringe upon the
rights of another.

8515. Sec 3515. He who consents to an act is not wronged by it.

8516. Sec 3516. Acquiescence in en-or takes away the right of objecting to it.

8517. Sec 3517. No one can take advantage of his own wrong.

8518. Sec 3518. He who has fraudulently dispossessed himself of a thing-
may be treated as if he still had possession.

8519. Sec 3519. He who can and does not forbid that which is done on his
behalf, is deemed to have bidden it.

8520. Sec 3520. No one should suffer by the act of another.

8521. Sec 3521. He who takes the benefit must bear the burden.

8522. Sec 3522. One who grants a thing is presumed to grant also whatever
is essential to its use.

8523. Sec 3523. For every wrong there is a remedy.

8524. Sec 3524. Between those who are equally in the right, or equally in
the wrong, the law does not interpose.

892

MAXIMS OF JUKISPRUDENCE. 8525-8543

8525. Sec, 3525. Between rights othci-^N-ise equal, the earhest is preforrod.

8526. Sec. 3526, No man is responsible for that which no man can control.

8527. Sec. 3527, The law he\pH the vigilant, before those who sleep on their
rights,

8528. Sec. 3528. The law respects form less than substance.

8529. Sec. 3529. That which ought to have been done is to be regarded as
done, in favor of him to whom, and against him from whom, performance
is due,

8530. Sec, 3530. That which does not appear to exist is to be regarded as if
it did not exist.

8531. Sec 3531. The law never requires impossibilities.

8532. Sec. 3532. The law neither does nor requires idle acts.

8533. Sec, 3533, The law disregards trifles.

8534. Sec, 3534. Particular expressions qualify those which are general.

8535. Sec. 3535, Contemporaneous exposition is in general the best,

8536. Sec. 3536, The greater contains the less,

8537. Sec. 3537. Superfluity does not vitiate.

8538. Sec. 3538. That is certain which can be made certain.

8539. Sec. 3539. Time does not confirm a void act.

8540. Sec 3540. The incident follows the principal, and not the principal the
incident.

8541. Sec 3541. An interpretation which gives effect is preferred to one which
makes void,

8542. Sec 3542, Inteipretation must be reasonable,

8543. Sec 3543. Where one of two innocent persons must suffer by the act
of a third, he, by whose negligence it happened, must be the sufferer.

893

SCHOOL OF LAW LIBRARY
UNIVERSITY OF CALIFORNIA'

LOr; AKGELES

;i • 'iiilMI l;rj III i.ioNAl UBRARYIACILiry

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