PREFACE.

Th is compilation i s intended only as a condensation of the substantivestatutory law of the State relating to the subj ects treated . Detai l ed provis ions are manifestly imposs ible in a book of thi s s ize , and therefore i thas been thought best to set forth the general provi sions . The purposeof this compilation i s to afford those Who receive it an opportunity to become better acquainted with the general $ provisions of the statutorylaw of th e state . It does not, of course , cover the whole field of statutorylaw, but it may be rel ied upon as accu rate w ith reference to those fie ldswhich it does cover.

It i s suggested that a lawyer should always be consulted where im

portant legal rights are involved , before taking any acti on leading to an

adjustment of such rights .JOHN F. DAV IS, ex-Code Commissioner o f Cal i fornia .

Humboldt Bank Bu ild ing, San Franci sco , Cal .August last, 1914 .

THE UTILITY OF BANKING.

A bank i s as in di spensable in every busines s community as any otherbranch of business .

Banks“

are u sefu l as place s o f security to deposi t money . They arenecessary and important to persons who wish to borrow—to the farmer whobuys a farm , or who needs money to tide him over from the time o f planting to the harvest period ; to the business man who needs additional fundsin hi s operations .

The bank acts in th is double capacity . It gathers the surplus moneyof a community ; offers its cap i tal as a guarantee o f i ts safe return ; loansa part of thi s money to th e active members of the community

,stimulating

activity in al l l ines of commerce . To the extent that the bank hold s in itscustody the funds of i ts community, to that extent i t i s of value and abenefit in that community .

A bank account i s a safe way to keep your money .

Payment by check is convenient, saves time , guards against errors ,

furnishes a good record of your transactions , i s u seful when a payment i sdisputed .

A bank account of an ind ividual i s a valuable record of hi s income andexpenditure .

A bank account i s an education to the depositor. Acquaints h im withthe value of keeping a record , gives h im a better idea of business affai rs ;keeps him in touch with the affairs of his community. G ives h im the benetit of the bank ’s experienc e , knowledge and advice pertaining to investment and other matters .

A bank account i s a great help in saving money . It becomes the oneambition of the man who has a sum of money , large or small , to hiscredit in the bank, to strive to increase that sum .

The richest men in the country never carry money in their pockets , but

put it in the banks . If you have no bank account start one at once , nomatter how small the beginning . Thi s bank accord s careful consideration to

th e small as well as to the large depositor.

TO OUR FRIENDS .

This compilation which we take pleasure in presenting to you i s intended for the use of those who des ire to have at hand some conve nientmeans of reference to the general laws of Cal ifornia , without being com

pelled to resort to the bulky volume of our revised statutes , or to thenumerous act s of the legislature . The work i s not an abridgment of allthe laws of the state , but a compi lation of those provis ions of the statutesbelieved to be of most concern to the people i n general .

Such topics as arise in th e everyday l ives of our c itizens are d iscussedby Hon . John F . Davi s , ex -Code Commiss ioner of Cal ifornia , Hum

boldt Bank Bui lding, San Francisco , Cal ifornia . These topic s are clothedin plain language , and can be readily understood by al l . Thi s work hasbeen prepared at a large expense , and we present i t to our friends , believing that it wi l l give them a fair knowledge o f the laws of our commonwealth , and after a careful reading o f the same they wil l prize it as a manual of no l ittle value , and one that can be consul ted with pleasure andprofit for many years to come .

ALHAMBRA SAV INGS BANK,

ALHAMBRA , CAL .

(Fou rth Page Read ing Matter)

LAWS AND FACTS

CONCERNING BANKS AND BANKING

The incentive to accumulate wealth i s the principle power which im

pel s men to activ ity in al l bus iness walks of l ife . The firs t s tep is to ao

quire money, the second to save it . In framing the laws under which banksare organized and conducted , legislative bodies have always kept in mindthat banking houses are absolutely necessary in all commercial centersfo r convenience and safety in carrying on business . The law-makers havewisely put into the laws such safe -guards and restricti ons as protect thepeople in their transactions with banks , thus furni shing the public a placeof safety in which to deposi t money , as wel l as a place to borrow whenin need of funds .

A Sav ings Bank cannot transact any business in Cal ifornia withoutthe written certificate of the state superintendent of banks stating thatI t has ful ly comp l ied wi th the state bank ing laws . Its business must beconducted under the rigid in spec tion of the state bank ing departm ent .The state superintendent of banks , e ither him se lf or by appointee, must

exam ine every Savings Bank at least once each year and add itional ex

am inations may be made. Whenever requ ired by the state superintendentof banks and at least three t imes each year, eve ry Sav ings Bank mustmake a report to h im in writing, ve rified by oath, showing the actual financ ial cond i tion of the Bank. No person shall be e ligible fo r elec tion as a

d irector of a bank unless he i s a stoc k-holder of the bank, owning, in h is

own right, shares the reof of the par value of at least $500.

The depositor in a Savings Bank has the integri ty of the banke r and the

strong arm of the state, as we l l as the l iabil i ty of the stockholders, to p ro

teet hi s inte rests .

In the dai ly newspapers we often read of money hidden in the homebeing stolen . Under the Cal ifornia banking laws the farmer

,mechanic ,

merchant and al l others can deposit money in a Sav ings Bank and feel assured of being amply protected against the lawless characters who areseeking opportunitie s to steal the accumulations resulting from the industry and economy of others .

a omia e aws

HISTORICAL .

MAGNA C HA RTA—The Great Charter granted by King John at Runnymede , England , June 1sth , 1215 .

DECLA RAT I ON OF INDEPENDENC E—Adopted July 4th ,1 776 , at Phil

adelphia , Pennsylvania .

CONST ITUT I ON OF TH E UN I T ED STATES—Adopted on the i 7th day

of September , 1787 , and rati fied by all of the colonies by May, 1790.

TR EATY OF G UADALUPE H IDALGO - Signed February 2nd , 1848 .

Copies exchanged at Queretaro , M exico , M ay 30 , 1848 . Rati fied by thePres ident o f the United States M arch l 6th , 1 848, and proclaimed by thePre sid ent o f the Un ited State s July 4th , 184 8 .

O RGAN I C ACT AND ENABL ING ACT— There was never an act ofcongress provid ing for the organization of any territory of Cal ifornia . Californ ia was the only state carved out o f the National Domain which cameinto the Union without territorial ch ildhood .

CONST I TUT I ON OF 1849—Adopted by the Constitutional Convention atColton Hall , M onterey, October 10th , 1849 ; ratified by the people November13th , 1849 ; proclaimed December 2oth , 1849 .

STATE ADM ITTED INTO TH E UN I ON—The State of California wasadmitted on September 9 , 1850. (Note that its firs t S tate constitutionhad been adopted the year previous . )CONST ITUT I ON OF 1879 —Adopted by the Constituti onal Convention

at Sacramento, M arch 3,1879 ; rati fied by the vote o f the people on M ay

7th , 1879

STATE INSTITUTIONS .

STATE CAP I TOL—Located at Sacramento , in Sacramento County .

TH E UN I V ERS ITY OF CAL I FO RN IA—Located at Berkeley , in A lamedaCounty.

Besides the Col lege of Letters , College of Social Sciences , College o f

Natural Sciences , College o f Agricul ture , Coll ege o f M echan ics , College o f

M ining , College of C ivi l Engineering, and College o f . Chem istry, all located in Berkeley , there are connected with the Un iversity of Cal ifornia theLi ck Astronomical Department at M ount Hamil ton , in Santa C lara County,the Hastings College of Law, Institute o f Art, College of Dentistry , Wilmerd ing School o f Industrial Arts , College of M edi cine and Californi a Coll ege of Pharmacy, all i n San Francisco, the Los Angeles M edi cal Department in Los Angeles , the Univers ity Farm and University Farm School , locatea at Davis , together with various agricultural , horticultural and biol ogi cal stati ons at different points in the state .STATE NO RMAL SCH OOLS—Seven State Normal Schools , located

at San Jose , Los Angeles , Chico, San D i ego , San Franc isco , Santa Barbaraand Fresno.

we EXTEND THE ACCOMMODAT I ONSOF

A SOL I D, W ELL EQ U I PPED BANK .

6 LIFOII’NIA LAWS MADE PIA IN

POLYT EC HN I C SCH OOLS—Located at San Lu is Obi spo and San Francisco .

I NST I TUT I ON FOR TH E DEAF AND TH E BL I ND—Located at Berkeley

, Al ameda County .

I NDU STR IAL H OM E OF M EC HANICAL T RADES FOR ADU LT BL I ND—Located at Oakland , A lameda County .

STATE H OSP ITALS—Located at Stockton , San Joaqu in County ; Napa ,Napa County ; Agnew ,

Santa C lara County ; Patton , San Bernardino County ;Talmage

, M endoc ino County ; and E ldridge , the last being formerly knownas the Cal ifornia Home for the Care and Train ing of Feeble M indedChi ldren .

STAT E PEN IT ENT IAR I ES—Located at San Quentin , M arin County ,and at Folsom (post office addres s Represa ) , Sacramento County .

STAT E R EFO RM SC H OOLS—Whittier State School , located at Whitti er

, Los Angeles County, and Preston School of Industry , located near Ione(post office address Waterman ) , Amador County .

STAT E L I B RARY—Located at the State Capitol in Sacramento .STAT E F I S H HATCH E R I ES—Located at S isson , Tahoe , Tallac , Brook

dale,Scott Creek (Swanton Egg Collecting Stat ion ) , Grizzly B luff (Eel

R iver ) , Wawona , Eel R iver (spawning station ) , Ukiah , and others of lesserimportance .

CERTAIN CONSTITUTIONAL PROV ISIONS .

R IG HTS OF FO R E I GN R E S I DENTS—Foreigners o f the wh i te race , or

o f African descent , eligi ble to become citizens of the United State s underthe natural ization laws thereof, while bona fide res idents of this state , shallhave the same rights in respect to the acqu isi ti on , possession , enj oyment ,transmiss ion , and inheritance of all property , other than real estate , as native-born citizens ; provided that such aliens owning real e state at the timeo f the adoption of this provi sion may remain such owners ; and providedfurther , that the legislature may , by statute , provi de fo r the disposi tion ofreal estate which shall hereafter be acquired by such al ien s by descento r devise .

PROPE RTY QUAL I F I CAT I ON NOT R EQU I R ED—No property qual ification shall ever be required for any person to vote o r hold office .R I GHT OF SU FFRAG E—Every native citizen o f the United States ,

every person who shal l have acquired the rights o f citizenship under or byvi rtue o f the Treaty of Queretaro , and every natural ized c itizen thereof whoshall have become such ninety days prior to any election , of the age o f

twenty-one years , who shall have been a resident of the state one year nextpreceding the election , and of the county in which he or she claims hi s o rher vote ninety days , and in the election precinct thirty days , shall beentitled to vote at all elections which now are , or may hereafter be , autho rized by law ; provided that no native of China , no idiot , no insane person ,

no person convicted of any infamous crime , no person hereafter convictedof embezz lement or misappropriation of publ i c money , and no person whoshall not be able to read the consti tution in the Engl ish language , andwrite hi s or her name , shal l ever exerci se the priv ileges of an elector inthi s state , but thi s shall not apply to any person prevented by a physicald i sabi l ity from complying with i ts requisi tions , nor to any person wh o nowhas the right to vote , nor to any person who shal l be sixty years of age andupwards at the time this amendment shall take effect . (The amendmentel iminating the word male $ and admitting women to suffrage was ap

proved October 10,

LEG I SLAT I V E DEPA RTM ENT—The legislative authority of the stateis vested in a Senate and A ssembly , des ignated

“The Legi s lature of theState o f Cal i fornia $ , composed of forty senators and eighty assemblymen ,

MONEYDEPOS IT ED W ITH U S

I S B EYOND TH E R EAC H O F H OU S E B R EAKE RS .

C ALI FORNI A LAWS JIADE PLA IN 7

from districts as prescribed in the constitution and by laws ; but the people have reserved to themselves the initiative and referendum

.

IN IT IAT I V E—E ight per cent of al l the votes cast for al l candidates forgovernor at the last preced ing general election at which a governor waselected i s required to propose any law or amendment to the consti tutionby imi t1ative at the next succeeding general election occuring subsequentto ninety days after the presentation of the petiti on

,or at any special elec

tion called by the governor in hi s di scretion,prior to such general elec

tion . All such initiative peti tions shall have printed across the top thereof ,in twelve point black -face type the foll owing : “

Initiative measure to besubmitted directly to the electors

f ’

. Five per cent of al l the votes cast forcand idates for governor at the last preced ing general election at which agovernor was elected i s required to propose , at any time not less than tendays before the commencement o f any regular session of the legislature , alaw set forth in full in said petition

,which the secretary o f state shal l

transmit to the legislature as soon as it convenes and organizes . The lawproposed by such petition shall be either enacted or rej ected without changeor amendment by the legi slature within forty days from the time it i s receivedby the legi slature . I f any law proposed by the said petition shal l be enactedby th e l egislature , i t shal l be subj ect to refer endum . If any law so petitioned for be rej ected , or i f no action i s taken upon i t by the legislaturewithin said forty days . the Secretary of State shal l submit it to the peoplefor approval or rejection at the next ensuing general election . The legislature may reject any measure so proposed by in itiative petition , and propose a different one on the same subject by a yea and nay vote , upon separate rol l cal l , and in such event both

‘

measures shall be submitted by theSecretary of State to the electors for approval or rej ection at the next eusuing general election , or a pri or special election called by the Governor inhi s d iscreti on for such purpose . All such in itiative petitions last abovedescribed shal l have printed in twelve point black-face type the fol lowing :Initiative measure to be presented to the legislature $ .

REFE R ENDU M—The second power reserved to the people i s the ref

erendum . No act passed by the legislature shall go into effect unti l n inetydays after the final adjournment of the sess ion of the legi slature whichpassed such act , except acts cal l ing elections , acts providing for tax leviesor appropriations for the usual current expense of the state , and urgencymeasures necessary for the immediate preservation of the publ ic peace ,health or safety , passed by a two-thirds vote o f all the members electedto each house . Whenever i t i s deemed neces sary for the immediate preservation of the public p

’

eace , health or safety that a law shall go into immediate effect , a statement of the facts consti tuting such necess ity shall beset forth in one section of the act

,which section shal l be passed only

upon a yea and nay vote , upon a separate rol l cal l thereon ; provided , however, th

‘

at no measure creating or aboli shing any office o r changing th e

salary, term o r duties of any officer, or granting any franchise or specialprivilege , or creating any vested right or interest , shal l be construed tobe an urgency measure . Any law so passed by the legis lature , and declared

‘

to be an urgency measure , shal l go into immediate effect .The referendum may be ordered by petit ion to the secretary of state

within ninety days after the final adjournment of the legis lature , s igned bythe qual ified electors equal in number to five per cent of al l the votescast for al l candidates for governor at the last preced ing general election a :which a governor was elected

,and must be submitted at the next succeeding

general election occuring at any time subsequent to thirty days after thefi ling of said peti tion , or at any special election which may be cal led byth e governor in his discretion prior to such general election ; and no act

or section , or part of such act, submitted by the referendum , shal l go intoeffect until and unless approved by a majority o f th e qual ified

WE ACCO RD CAR EFU L CONS I DE RAT I ONTO

SMALL O R LA RG E DEPOS I TO RS .

8 CALIFORNI A LAWS JI ADE PLA IN

elec to rs votin g thereon ; but if a referendum petition is f il ed against anysuch act

, or part o f any act , the remain der of such act shal l not be delayed from going into effect .

W H EN ACTS AND AM ENDMENTS TO TAKE EFFECT—Any act, lawor amendment to the constitution submitted to the people by either initiative or referendum petition , and approved by the majority of the votes castthereon at any election

,shal l take effect five days after the date of the

official declaration of the vote by the secretary o f state . No act , law o r

amendment to the constitution in itiated or adopted by the people shal l besubj ect to the veto power of the governor, and no act , law or amendmentto the constitution adopted by the people at the polls under these in iativeprovisions of th e constitution shall be amended o r repealed except by thevote of the electors , unless otherwise provi ded in said initiative measure ;but acts and laws adopted by the people under these referendum provi sionsmay be amended by the legi slature at any subsequent session thereof. If

any provi sion o r provis ions of two or more measures approved by the electors of the same election confli ct, the provi sion or provi s ions o f the measure rece iving the h ighest affirmative vote shall prevail .ENACT ING CLAU S E—The enacting cl ause of every law shall be :

The people of the State of Cal iforni a do enact as follows :IN IT IAT I V E AND R EFE R ENDUM IN COU NT I E S , C I T I E S AND

TOWNS—The initiative and referendum powers o f the people are furtherreserved to the electors of each county

,c ity and county , c ity and town o f

the state , to be organized under such procedure as may be provided bylaw. (The amendments to the constitution for the initiative and referen

dum were approved October loth ,

LEG I SLAT I V E S ESS I ONS—The ses sions of the legi slature shall be bienn ial, unles s the governor shall , in the interim , convene the legi slatureby proclamation in extra-ordinary sess ion . All sessions other than extraordinary , shal l commence at o ’clock M . on the first M ond ay after thefirst day of January next succeeding the election of its members , and shallcontinue in session for a period not exceeding thirty days thereafter ;whereupon a recess of both houses must be taken for not less than thirtydays

,On the re-assembling of the legi slature , no bi ll shal l be introduced in

either house without the consent of three-fourths of the members t hereof ,nor shall more than two bi ll s be introduced by any one member after suchreassembling. (The amendment for the B ifurcated Session $ was adoptedOctober loth ,

EX EC UT I V E DE PA RTM ENT—The executive department o f the stateas set forth in the constitution , consi sts of the gove rnor, who shal l becommander in chief of the mi l i tia , the army and navy of the state ; al ieutenant-governor , a secretary of state

,a control ler, a treasurer , an

attorney general and a surveyor general , al l elected by the people , andeach holding office for four years . There i s also included by a provis ionof the constitution

,a state superintendent of publ ic instruction , elected for

four years by the people . (There has been added by statute a superin

tendent o f state printing, appointed by the governor , with the advice andconsent o f the senate , and hold ing office at the pleasure of the governor . )

JUD I C IAL DEPA RTM ENT—The judicial power of thi s state i s vestedin the senate si tting as a court o f impeachment , in a supreme court , di strict courts of appeal s , superior court s , and such inf erior courts as thelegislature may establ i sh in any incorporated city o r town , township , county.or city and county .

E I G HT H OU RS A LEGAL DAY 'S LABO R— The time o f service of al llaborers or workmen or mechanics employed upon any publ ic works of theState o f Cal ifornia , or of any county , ci ty and county , city , town , distri ct ,township , or other pol itical sub -d ivi sion thereof, whether said work i s doneby contract or otherwise , shall be limited and restricted to eight hours in

WE I NV IT E NEW ACCO U NTSU pon Our Merits Fo r

ST R ENGTH AND SAFETY .

CALIFORNIA LAWS MADE PLAIN 9

any one calendar day , except in cases of extra-ord inary emergency cau sedby fire , fl ood or danger to l i fe and property

,or except to work upon pub

li c , military or navy works or defenses in time o f war .FR E E PASS ES ON RA I LROADS PROH I B I T ED TO STAT E OFF IC IALS

— No rai lroad or other transportati on company shall grant free passes , or

passes o r tickets at a d iscount, to any person hold ing any offi ce of honor .tru st or profit in the state ; and the acceptance o f any such pass or ti cketby a member . o f the legislature or any publ ic officer other than railroadcommi ss ioner , shal l work a forfe i ture of hi s office .

RA I LROAD COMM I SS I ON,O RGAN I ZAT ION OF—The amendment ap

proved October loth , 191 1 , increased the railroad commi ss ion from three tofive members , to be appointed by the governor from the state at large ;provided that the legis lature , i n its d iscretion , might divide the state intodi stri cts for the purpose of such appointments

,and provided that the three

commiss ioners then in office shoul d serve out their terms .Upon the exp iration of said term the term o f each commiss ioner should

be six years , except the commis sioners first appointed under said amendment , after such expiration , one of whom should be appointed to hold officeunti l January lst, 19 17 , two unti l January lst, 19 19 , and two until Januarylst, 1 921 .

RA I LROAD COMM I SS I ON,R EG U LAT I ON OF PU BL I C UT I L IT I ES

Every private corporation , and every individual or as soc iation of indiv idual sowning , operating , managing or control ling any commercial railroad , interurban railroad street railroad , canal , pipe-l ine , plant or equipment , or anypart of such rai lroad , can al , pipe -l ine , plant or equipment within thi s statefor th e transportati on or conveyance of passengers or express matter , orfreight o f any kind , including crude o il, or for the transmission of telephone o r tel egraph messages

,or for the product ion , generation , transmiss ion ,

del ivery or furni shing of heat,l i ght , water or power , or for the furnishing

of storage o r wharfage faci l i ties,either d irectly or indirectly , to or for the

publ ic , and every common c arri er , i s declared to be a publi c util i ty , subj ectto such control and regulation by the rai lroad commiss ion as may be provided by the legi slature , and every class of private corporations , individual sor associations of individuals hereafter declared by the legi slature ,

to bepublic util ities shall l ikewise be subject to such control and regulati on .

The rai lroad commission shall have and exercise such power and jurisd iction , to supervise and regulate publi c util iti es i n the state , and to

fix the rates to be charged for commodities furnished or services renderedby publi c util i ties as shall be c

’onferred upon it by the legisl ature , and theright of the legislature to confer powers upon the rai lroad commiss ionrespecting publ ic uti l i tie s i s declared to be plenary , and to be unlimited byany provi sion o f the consti tuti on .

M U N IC I PAL OWNER SH I P OF PU BL I C UT I L I T I ES—Any municipalcorporation may establi sh a Board of Publi c Works for supplying its inhabitants with l ight , water, power, heat , transportation , telephone service ,or other means of communication . Such works may be acquired by originalconstruction , or by the purchase of ex i sting works , including their franch ises, or both .

R ECALL OF OFF I C E RS—Every elective publi c officer of the state maybe removed from office at any time by the electors entitled to vote for asuccessor of such incumbent , through -the procedure and in the manner provided for i n the constitution i tsel f, which procedure shal l be known as therecall , and is an addition to any method of removal provided by law .

The consti tution , after setting forth i n detai l the procedure for thi s recal l ,prescribes that the article referring to i t i s self-executing , but l egislationmay be enacted to faci l itate i ts operation , but in no way limit or restrictthe prov isions o f the artic le , or of the powers in that behal f reserved in

th e consti tution .

A BANK ACCO UNT I S A VALUABLE R ECO RDOF

I NCOM E AND EXPEND ITU R ES .

10 f'

lLIFO RN'

IA LAWS JIADE PLAIN

ACKNOWLEDGMENTS .

Before an instrument can be recorded , unless i t be a jud gment af

teeting the titl e to , o r possess ion of , real property , authenticated by thec ertificate o f the clerk o f the court in which sai d judgment was rendered .or a notice of location of a m ining claim , or a patent from the UnitedStates

, or from the State of Cal ifornia , or a judgment of a superior courtcorrecting a defective acknowledgment cert ificate , or a judgment proving aninstrument entitled to be proved for record , its execution must be ackn owl~

edged by the person executing it , o r , if executed by a corporation , by it spre's ident or secretary

,or other person executing the same on behal f o f

the corporation , or approved by a subscribing witnes s , or , as establ i shed bylegal proo f o f the handwriting of the party and of a subscrib ing witness , i fthere i s one , and the acknowledgment or proof certified in the manner prescribed as follows :The proof or acknowledgment of an instrument may be made without

this state , but within the United States , and within the jurisd icti on o f

the officer before either : a justi ce , judge or clerk of any court of record o f the United States ; or a justice , judge o r clerk o f any court o f reco rd o f any state ; or a commissioner appointed by the governor of thi s s tatefor that purpose ; or a notary public , or any other officer of the state wherethe acknowledgment i s made , authorized by it s laws to take such proof ofacknowledgment .The proof o r acknowledgment of an instrument may be made without

the United States before either : a minister , commissioner or charged ’affaires o f the Uni ted States , resident and accred ited in the country wherethe proof or acknowledgment i s made ; or a consul, vice consul , or consularagent o f the United States , res ident in the country where the proof o r se

knowledgm ent i s made ; or a judge o f a court of record of the country wherethe proof or acknowledgment i s made ; or commissioners appointed for suchpurposes by the governor o f the state , pursuant to special statutes ; or anotary public .

When any o f the officers mentioned in the preceding paragraphs areauthorized by law to appoint a deputy , the acknowledgment or proof may betaken by such deputy in the name of his principal .

A conveyance by a married woman has the same effect as i f she wereunmarried , and may be acknowledged in the same manner .

An officer taking the acknowledgment of an instrument must endorsethereon , or attach thereto , a certificate substantially in the following forms :

General Form of Ce rtif icate.

State ofCounty ofOn this day of in the year before me , (here

insert name and quality of the offi c er ) personally appearedknown to me (or proved to me on the oath o f to bethe person whose name is subscribed to the within instrument

,and ac

knowledged that he ( she o r they ) executed the same .

$

Provided , however , that any acknowledgment taken without thi s state ,in accordance with the laws of the place Where the acknowledgment i smade , shall be sufficient in thi s state ; and provided further that the certificate of the clerk o f a court of record o f the county or di stri ct wheresuch acknowledgment i s taken , that the officer certifying to the same isauthorized by law so to do, and that the signature of said officer to suchcertificate , i s hi s true and genu ine signature , and that such acknowledgment i s taken in accordance with the laws o f the place where the sameis made , shall be prima fac ie evidence o f the facts stated in the certificateof said clerk .

WE R EC E I V EDEPOS ITS

S U BJ ECT TO C H EC K .

(‘

ALIFORNI A LAWS PLAIN 1 1

O fficers taking and certi fying acknowledgments or proof o f in strumentsfo r record must authenticate thei r cert ificates by affix ing thereto theirsignatures , fol lowed by the names of thei r offices ; also their seals ofoffice , i f, by the laws of the state or county where acknowledgment orproof i s taken , or by authori ty o f which they are acting

,they are required

to have official seals .Any instrument affecting the title to real property which was , prev iou s

10 the first day of January , 1 903 , copied into the proper book of record , keptin the office of any county recorder , imparts , after that date , notice of itscontents to subsequent purchasers and encumbrancers , notwithstanding anydefect, omm ission or informal ity in the execution of the instrument , or in thecertificate of acknowledgment thereof, or the absence of any such certifi cate ; but nothing herein affects the rights of purchasers or encumbrancerspreviou s to that date .

ADOPTION .

Any minor child may be adopted by any adult person , in the casesand subject to the rules following :The person adopting the child must be at least ten years older than the

person adopted .

A married man , not lawfully separated from hi s wife , cannot adopt achi ld without the consent o f his wife, nor can a married woman not thusseparated from her husband , without

'

hi s consent , provided the husbandor wi fe not consenting i s capable of giving such consent . The consent ofthe child , i f over the age of twelve years , i s necessary to its adoption .

A legitimate chi ld cannot be adopted without the consent of its parents

,i f l iving, nor an i llegitimate child without the consent of i ts mother, i f

l iving ; except that the consent i s not neces sary from a father or motherdeprived o f c ivil rights , or adjudged gu ilty of adultery or cruelt y , o r fore ither cause d ivorced

,or adjudged to be habi tual ly intemperate in the u se

of intoxicants, or who has been judicial ly d eprived o f the custody of the

chi ld on account of cruelty or neglect. Neither is the consent of any

person necessary in case of any abandoned child . Any child deserte dby its parents

,without provis ion for its i dentification or relinqui shed by its

parent for the purpose of adoption expres sed in writing, signed and acknowledged by such parent o r parents before an officer authorized to take ac

knowledgments or before the secretary of any organi zation or society eh

gaged in the work o f plac ing dependent or deserted children in homes inthis state , which organization or society has obtained a proper written p u rmit therefor from the state board of charitie s - and corrections , shall , fromth e date o f desertion , or such relinquishment , be deemed to be an abandonedchild within the meaning of th is provi sion . Any child left in the care andcustody of another by its parent or parents , without any provis ion for itssupport , for the period of one year , may , after such notice to the parent o rparents residing within the state , and to such other relatives of said childres iding within the county as the court shal l requ ire , be determined , byorder of the juvenile court of th e county in which said chi ld was so left ,to be an abandoned child , within the terms of this provi si on . Any suchabandoned chi ld , o r any chi ld whose parent or parents have been judi ciallydeprived of it s cu stody ‘

on account of cruelty or neglect , maintained by , orin the custody of, any orphan asylum within this state , any charitableorganization or society receiving state aid , or receiving commitments fromthe juvenile court, may be adopted with the consent of the managers ofsuch orphan asylum

,charitable organization or society.

‘

Any orphan childfor whose support no provision has been made by any person for a periodof one year , but who has been maintained during said year by , o r i n thecustody o f, any orphan asylum with in th is state , any chari table organiza

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12 CALIFORNIA LAWS MADE PLAIN

tion or society receiving s tate aid , o r receiv ing commitments from the juven ile court , may be adopted with the consent o f the managers o f suchorphan asylum , charitable organ ization or soc iety .

A child , when adopted , may take the family name of the person adopting .

After adoption the two shall su stain towards each other the legal relation ofparent and child , and have al l the rights and be subject to al l the duties , ofthat relation . The parents o f an adopted ch ild are from the time of the adoption , rel ieved ot all parental dutie s toward , and responsibil ity for , the childso adopted , and have no right over i t .

ANIMALS .

STAT E V ET E R I NA R IAN—The state veterinarian shal l be a skil ledveterinary surgeon , appointed by the governor , and shall , at the date of hisappointment , be a graduate , in good standing, of a recognized col lege o f

veterinary surgery , legal ly qualified to practice as such in thi s state , andshal l hold h is offi ce at the pleasure o f the governor . It shall be the dutyof the state veterinarian to protect the health o f all domestic an imals of thestate from all contagious and infectious diseases , so far as practicable .and for that purpose he is authorized and empowered by and with the ap

proval o f the governor,to establ i sh

,mainta in and enforce such quarantine ,

sanitary , and other regulations as he may deem necessary as to stockpassing over any quarantine l ine exi sting

,or which may be establ i shed ,

within the state , and all such stock so moving shall be inspected by him .

and he shal l i ssue his cert ; o f state inspecti on , unless such stock shallhave been , immediately prior to such moving , inspected by an,

officer o r

agent acting under the laws of the Un ited States .Whenever i t may be necessary the governor i s authorized and em

powered to appoint an ass istant state veterinarian,whose tenure o f o f

fice shall be determined and fixed by the governor .The state veterinarian is authorized to employ such inspectors from

time to t ime , through the s ixty-th ird and s ixty-fourth fiscal years , as hemay deem necessary, for the purpose of inspecting and supervi sing the dipping of sheep exposed to , and infected with , the d isease known as scabies ,and such inspectors shall be subject to removal at any time by the stateveterinarian .

The state veterinarian is also made ex-offic io the state sheep inspec

CO UNTY L I V E-STOCK I NSPECTO R—A l ive- stock inspector who shal l ,at the time o f hi s appointment , be a duly qual ified veterinary surgeon ,having on file , in the office of the county clerk , a certificate issued to h imby the state veterinary med ical board , may be appointed by the board of

supervisors whenever, i n the d i scretion of such board , the interest o f thepubli c welfare demands the services of such an officer , and such officershall hold his office at the pleasure of the appointing power .

It shall b e the duty o f the l ive -stock in spector , acting under the supervis ion of the state veterinarian , to enforce al l laws of the state , and all

orders and ordinances of the board of supervisors of his county , pursuantto the health and sanitary surroundings of all l ive - stock in his county , andfor that purpose he is authorized and empowered , by and with the approvalof the board of supervisors , to establ ish , maintain and enforce such quarantine , sanitary and other regulations as he may deem proper and n eces

sary . He shal l give to the duties of his office such time and attentionas may be necessary to secure the general protection and advancement o fall matters pertaining to the health and sanitary conditions of the domestic l ive stock of hi s county .

STAT E BOARD OF S H E EP COM M I SS I ONE R&—A state board of sheepcommiss ioners has been created , to cons is t o f six members , one of whom

I f yo u make your paym en ts by C H EC KYou

_H ave a Record

W H I C H CANNOT B E D I SPUT ED.

CALI FORNIA LAWS MADE PLA IN 13

shall be th e state veterinarian , acting as ex-o ffic io member , and five others ,to be appointed by the governor , all of whom shall be experienced woolgrowers , no two of whom shal l be from the same county , and to hold o f

fice fo r four years , or until the ir successors are duly appointed and qual ified .

The board shall make an annual report to the governor on or before thefifteenth day of December in each year , giv ing a statement of the transact ions o f the board , and facts relating to the cond ition of the sheep industryIn the state . The board shal l have power to order an inspection for quarantine of any sheep in the state , compel sheep d ipping at such times , andas often , as i t deems necessary , to insure the eradication of scab $ ,

anddivide the state into such di stricts as may be necessary for enforcing theprovis ions o f the act creating the board .

The board shal l employ such inspectors as may be necessary,and shall

keep a book , to be known as the inspection book , in which they must entertheir official acts , and such record must show every flock of sheep lnspected and the number contained therein , the time when , and the placewhere , the same was inspected .

The inspectors , and any member o f the board,shall have the right

,

at all times , to enter any premises , farm , field , pen , slaughter house , building or car where any sheep are quartered for the purpose of examiningthem , in order to determine whether they are infected with the d isease knownas scab ies .

The board shall have power to quarantine any corral,pen

,slaugh

ter hou se , bui ld ing or car where sheep may have been or are , beinghandled , - and compel the cleaning and di sinfecting o f the same

,when

deemed necessary, and generally to perform al l duties necessary to the fosteri ng of the sheep industry within the respective counties of the state .

Complete provis ion is made for the financing o f th e commiss ionthrough the board o f supervisors o f the respective counties .

COUNTY SH EEP COMM I SS I ONER—Whenever a petition s hall be filedwith the board o f supervisors o f any county in the s tate , s igned by no t

le ss than fifty re sident freeholders of such county , praying for the appointment of a commiss ioner herein named

,said board may , i f deemed ad

vi sable , appoint some competent person , a res ident of the county, who shallact

,and be known , as sheep commiss ioner, whose duties and powers , which

are to be exercised in the prevention and eradication o f contagious di seases among sheep , shall be defined and determined by said board , and thefees and compensation of such commiss ioner , only to be charged .when hei s actually and necessari ly engaged in the performance of h is duties , shallbe paid out of the treasury of said v coun ty, as claims against countiesare now paid , and be fixed by said board at the time of such appointment .

MAX I M U M S H EEP L I C ENS E—No l i cense or l icenses greater than 3

cen ts per head shall be imposed by the board of supervisors in any countyof this state on the busines s of rai sing , grazing, herding or pasturing sheep .

and any and all l i censes imposed by the board of supervisors of any countyon the busines s of rai s ing , graz ing, herding or pasturing sheep in excess o f3 cents per head is declared inval id . Any l icense tax imposed by any boardof supervisors of any county in th is state upon the bus iness o f rais ing ,graz ing, herding or pasturing sheep shall not be so construed and appl ied asto permit a l icense tax for , or on account of, lambs under eight months old .

MARKS AND B RANDS—Every owner must record , with the recorderof the county

,h is mark , brand and counter-brand , by del ivering to the re

corder his mark cut upon a piece of leather , and hi s brand and counterbrand burned upon it , which shall be kept in the recorder

’s office . A certitled copy thereof

,made by the recorder , with the seal o f h is office at

tached thereto , i s evidence , on the trial o f any action , in a court of competent jurisdi cti on , as to the ownershi p o f al l animal s legally marked orbranded .

TH E B ESTBU S I NESS MEN DEPOS I T T H E I R MONEY

IN A BANK.

14 - I I. IFOR.VIA LA II'

S MADE PLAIN

No mark , brand or counter-brand i s lawful Innless recorded , no r shal lany person use more than one mark or brand , unless he i s the ownerof more than one ranch or farm .

Every person must mark or brand his horses or mules before they areeight months old , and cattle before they are twelve months old , on thehip or hinder part , and mark or brand his sheep , goats and hogs beforethey are s ix months old . When a di spute occurs in regard to a marko r brand , the person first recording the same is entitled thereto .

Any person who uses any mark , brand o r counter-brand other th anthe one recorded by him , except by consent of the owner of such Othermark , brand o r counter-brand , or uses more than one mark , brand or

counter-brand , otherwi se than as provided by law , or suffers his ward .

child , apprenti ce o r servant to use any other than his own mark , brandor counter-brand on those o f the stock they run with , forfei ts , to any person su ing therefore the stock so marked or branded with any other than theproper mark or brand recorded by him . This provis ion does not extend toany stock which may descend to any ward , chi ld , apprentice or servant bygift or devise of any person other than the guardian , parent or master o f

such ward,child , apprentice or servant, but the marks , brands and counter

brands of such minors , apprentices or servants , must be recorded as othermarks , brands and counter-brands .H I DES MUST B E KEPT—All persons s laughte ring cattle must keep the

hides , wi th the ears attached , for fifteen days ; and al l persons havingsuch hides in thei r possess ion must exhibit the same for examination ondemand being made by any person .

ESTRAYS—Any person find ing , at any time , any estray domestic animal upon hi s premises , or upon the premi ses to which he has the right o fpossessi on , or upon highways adjacent thereto , may take up the same , andhave a lien thereon for all expenses incurred and costs o f keeping andcaring for said animal . The word “estray $ i s intended to include all domestic animals which have strayed upon , or been found upon , lands otherthan those o f their owner, or the public domain , or lands whose owner(or to which the person in possession thereof ) has consented may be passedover. or allowed to be entered on , by said animal . Any person taking upan estray animal shall confine the same in a secure place , and within one

week thereafter shall publi sh , i n some newspape r of general circulation .

printed and publ ished in the county in which such estray is found , and alsofile with the county recorder o f the county , a notice containing a description o f the animal taken up , with the marks and brands , i f there be any ,together with the probable value o f each animal , and a . statement of thep lace where the taker-up found , and where he has confined , the same .The notice shall be publi shed for two weeks . If there be no newspaper o fgeneral circulation printed and published in the county where any suchestray animal i s found , then such publi cation shall be made in some newspaper o f general circulation printed and publ ished in an adjoining county

,

wi thin the state , provided that the cost of the publ ication does not exceed$3 . If , however , the animal has the owner

’s brand o r mark upon it,and

such mark has been reco r ded , accord ing to law , or if the finder knows th eowner o f said animal , or the person having charge thereof, then , withinfive days after sai d animal has been taken up , he shall notify the owner ,or other person having charge thereof , wh ich

'

notice shall contain the sameinformation as the notice to be publi shed and recorded , and shall be in l ieuof publi sh ing and recording such notice .

At any time within thirty days from the date of fil ing the abovenotice , any person claiming such estray animal shall appear and demand ,from the taker-up , the possession _ th ereo f, and shall, at the same time ,pay to the taker-up all damages , expenses and costs incurred by reason ofta k ing up said animal , and upon receiv ing such damages , expenses and

W E T RY TO PLEAS E O U R C U STOM E RS

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LAWS PLA IN 15

costs , the taker-up shall immediately del iver to the party claiming suchanimal , the posses s ion thereof. Such damages , expenses and costs shall beestimated as foll ows : The total amount paid by the taker-up to the countyrecorder , and the reasonabl e cost o f publ ish ing said notice ; the sum o f

30 cents per day for the keep ing and care o f each horse , mule , j enny ,ass , cow , bull , ox , steer o r calf ; the sum of 10 cents per day for the keeping and ca r e of each sheep , goat , hog , or other an imal not h er ienbefo respecified , but the taker-up of said an imal mus t properly feed and waterthe same while under h is care , and if he fails so to do , shall forfeit allright of l ien thereon .

Complete procedure is prescribed for each party protecting and enfo rc

ing the rights above enumerated . Noth ing in the said Estray A ct, however ,affects the laws or regulations in force regard ing estrays , the pound -keeper

, or other pound officer within the l imits of any city or town , where lawsregard ing estrays are in force . On the contrary , the said Es tray Act provides that the board o f supervisors of any county may , in their d iseretion

,upon the petition of twenty-f ive or more electors oi? any township , o r

portion of any township , not included within the boundaries of any incor~

po rated munic ipal ity , appoint a pound-keeper fo r such township o r suchportions thereof not included within the boundaries of any incorporatedmunic ipal ity . Where such pound-keeper has been appointed it shal l bethe duty of any person finding any estray domestic animal upon his premises, or upon the premises to which he has the right of possession , or uponhighways adjacent thereto , to del iver th e same to the pound -keeper , or notify said pound-keeper thereof, and it shal l be the duty of the pound-keeperto take possess ion there of, and said pound -keeper shall have a l ien forall expenses incurred in keep ing and caring for said animal , andthe duties , compensat ions , restri ctions and liab il itie s of said pound -keepershall be the same as provided with reference to the taker up hereinaboveset forth ; provided that the sai d pound -keeper shall not be required todel iver the animal to the constable .

for sale thereof, but shall , himself, beempowered with the same powers and duties , and shal l be subject to thesame restrictions , and shal l receive the same compensation as the constablein the procedure above referr ed to .

DESTRUCT I ON OF INJU R I OU S AN IMALS AND TA'XAT I ON OF DOGS—The boards of supervisors of the ir respective counties shal l have jurisd iction and power

,under such l imitations and restrictions as are prescribed

by law : To provide for the destruction of gophers , squ irrels , and other wildanimals

,noxious weeds and insects injuri ous to fru it or fru it trees

, o r

vines,or vegetable or plant l ife ; to provide for the prevention of injuries

to sheep by dogs , and to tax dogs , and d irect the appl ication of the tax .

BOARD OF EXAM INERS IN V ET E R INA RY M ED I C I NE—There hasbeen created a board o f examiners in veterinary medicine , appointed by thegovernor

,which consi sts o f five reputable practitioners of veterinary med

leine,who shall have graduated from such college authorized by law to

confer degrees , each o f whom shall have been a resident of the state forthree years last passed before appointment , and each during said period ,shal l have been actually engaged in the practice of h is profess ion in the state .The term o f office is for four years , but the governor may , in h is judgm ent ,remove any member o f said board for neglect o f duty , or other suffic ientcause

,after due notice and hearing . The statute creating the board makes

complete and effective provisions to insure the proper qual ification of al lpersons practicing veterinary med i cine within the state .QUARANT INE OF D I ST R I CTS AFFECTED W I TH RAB I ES—An Act

was passed , approved June 13th , 1 913 , providing that whenever any caseo f rabies , or other animal d iseases dangerous to the health o f human beings

,

which may be declared by the state board o f health as coming und erthe provis ions o f the act , shall be reported as existing in any county , ci ty

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and county, o r incorporated city or town of th e s tate , the s tate board

o f heal th shall make a prel im inary investigation , and a quarantine maybe declared against such animals as may be des ignated in the quarantineorder , and l iving within the a r ea spec ified in the order . The bo ard o f

heal th shal l thereupon inves tigate the extent‘

Of the d isease , and may substitute for the quarantine order such regulations as may be deemed adequatefo r the control of the d i sease in each area . Ful l provis ion is made for theenforcement o f the act by al l p eace officers and boards o f heal th . O fficersmay enter private premises , and owners in possession of any animal violating the provis ions o f the Act, are subject to arrest . A rabies treatmentfund is created , and a special dog tax to that end provided for, and provis ion is made for special measures of control through the board o f heal th ,

or its secreta r y , and for the payment o f expenditures incurred in connection therewith .

APPRENTICE LAWS .

WHO MAY I NDENTU R E—A minor 1 4 years of age , or over , may be

bound by his father,or by h is mother o r guard ian in case of the father

’s death ,

or incompetency, or where the father has wil fully abandoned his fami ly fo r one

year without making su itable provi sion for their support , or i s habitually i ntemperate , or i s a vagrant ; by an executor who , by the wi l l of thefather is d irected to bring up the ch i ld to a trade o r cal l ing ; by the motheralone

,i f the child i s i l legi timate ; o r by the judge of a superior court ,

i f the minor i s poor , homeless , chargeable to the county or state , or anoutcast who has no vis ible means o f obtaining an honest l ivl ihoo d . If aminor has no parent or guardian competent to act , he may , with the ap

proval o f the superior court , bind himself . Th e minor ’s consent must beexpressed in the indenture , and testifi ed to by his signing the same . A malemay be bound until 2 1 , and a female until 1 8 years o f age .

DUTY OF MASTE R— The master'

must, in the case of an orphan orhomeles s minor, cause the apprentice to be taught reading, writing, andthe ground rules of arithmetic , including ratio and proportion , must givehim the requisite instruction in the different branches of h is trade

,and

at the exp iration’

o f his term of service , must give him $50 in gold andtwo new suits o f clothes , to be worth in the aggregate , at least $60. In

al l cases the master must pay and del iver to the apprenti ce the money,

clothes and ‘other property to which he i s entitled under the indenture .

INTE RFE R ENC E—It i s unlawful to aid , entice , counsel or persuadean apprentice to run away , o r to employ , harbor o r conceal h im ,

kn owinghim to be a runaway .

ATTORNEYS AT LAW .

Any c itizen or person , res ident o f thi s state , who has bona-ride declared his or her intention to become a citi zen , in the manner required bylaw, of the age o f twenty-o ne years , of goo d moral character

,and wh o

possesses the necessary qualificati ons of learning and abili ty,i s enti tled

to admission as attorney and counsel lor in al l the courts o f thi s state . All

persons are attorneys of the supreme court who were , on the first dayof January, 1 880, entitled to practice in the courts superceded thereby .

Every c iti zen o f the United States , or person res ident o f this s tate , who hasbona- tide d eclared his intention to be come a citizen in the man ner re

quired by law , who has been admitted to practice law in the highest courtof a sister state , or of a foreign country where the common law o f

England constitutes the basis o f j uri sprudence , may be admitted to prac ticein all courts of th is state , by any d i strict court o f appeal , upon th e pro

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ALIFORVL I MADE PL AIN

registration of every automobi le of forty horse power and above , but lessthan fi fty horse power, twenty dollars ; for the registration o f every automobile of fifty horse power and above , but less than s ixty horse power ,twenty-five dollars ; for the regi stration of every automobile of s ixty horsepower and above , thirty dollars ; for the registration of motor vehicles ownedby , or under the control of, a manufacturer of, o r dealer in , motor vehicles ,i f such persons Operate upon the public highways , not more than five au

tomobiles, fi fty dollars , and ten dollars for every automobi le in excess oflive so Operated ; for the registration of al l the motorcycles owned byor under the control of , a manufacturer of or dealer in , moto rcycles , wh odoes not manufacture or deal in automobi les , i ncluding five seals to be furn ished ,

with the cert ificate of registration , five dollars ; for the registration o fevery automobile

,and o f the motorcycles own ed by , or under the con

trol of, a manufacturer o f, or dealer in , motor vehicle s , who appli es thereforduring the peri od beginning with the first day of August , and ending on the3 lst day o f December, in any year, one-hal f of the foregoing fees . For thesubsti tution of the registration o f an automobile for that o f a vehiclepreviously registered , in accordance with th e provis ions of the M otorVehicle Act, two dollars ; for every original chauffeur

’s li cense, two dollars ; for the renewal of any chauffeur

’s l icense , to Operate automobiles ,two dollars ; for every add itional seal o f registration or license , fifty cents ;for every additional number plate furnished to replace such plates as havebeen lost or mutilated , or which are i llegible , and for every additionalnumber plate furnished to a manufacturer of, or dealer in , motor vehi cles ,whose business requires more than five pairs of such seals , as have beenlost or muti lated , o r which are il legible , and for every seal furni shed toa manufacturer of, o r dealer in , automobile s for use on motorcyclesowned by , or under the control o f , such persons , fi fty cents but the statedepartment Of engineers may furnish , without charge , cop i es o f seals o f

registration , and l icense to op eratep and cop ies o f other documents re

lating thereto, to officers Of the state , or to any court thereof, or of a cityo r town there in .

NOT APPL I CABLE TO NON-R E S I DENTS—The provis ions o f the M otorVehicle A ct relative to the regi stration and di splay of registration o r li censenumbers ; shall not apply to a motor vehicle owned by a non-res ident o f thisstate who i s only temporarily within thi s state , other than a foreign cor

poration doing busines s in this state ; provided , that the owner thereof shallhave complied with the provis ions of the laws of the fore ign country or stateo f his residence relative to motor vehicles , and the registration

“ and Operation thereof, and shall conspi cuously d isplay, upon said motor vehicle ,while operated upon the publ ic h ighways o f this state

,h is regis tration

number, as required by the provis ions o f the laws o f said foreign countryor state ; provided further , that the regis tration number of such other country

‘

o r state shall be d i splayed on such motor vehicle sub stantially as prov ided in the M otor V ehicle Act for motor veh icles and pursuant to its

provisions .

NUM B E R OF PLAT ES M U ST BE D I SPLAY ED AND KEPT .CLEARNo person shall Operate or drive a motor vehicle on the public highways o fthe state unless such vehicle shall , at al l times , have the distinctive number assigned to i t di splayed both on the front of said vehicle and at theback thereof , upon a number plate of such size , form and character asprovided by said department, securely fastened to said vehi cle

, so as toprevent the same from swinging at a m inimum distance o f s ixteen inchesfrom the ground ; and no person shall attach to or display on such vehicle anynumber plate or seal ass ign ed to it under any motor vehicl e law other thanthe M otor Vehicle Act, or any other number, plate or seal than that assignedfor the current year, or a fi ctitious number plate or seal ; provided , thatone number plate shall be displayed upon every motor vehicle in a consp ic

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none pos ition , securely fastened to the rear wheel guard o f such motor ve

h icle, or other secure pos it ion at the rear thereof, so as to be plainly visible

,and that all letters ; numbers , seal s and other identi fi cation marks

shall be kept clear and distinct and free from grease , dust or other blurringmatter

,so that they can be plainly vi s ible at al l times during the day

light,and under arti ficial l ight in the night time .

GONGS , HO RNS , B ELLS—Every motor vehicle shall be equipped witha bell

,gong

,horn , whistle or other device in good working order.

L IG HTS ON AUTOMOB I LES— Every motor vehicl e other than a motorcylcle while in u se shall carry during the period from a half hour aftersunset to a hal f hou r before sunrise , and at al l t imes when fog o r other atmospheric cond itions render the operati on of vehicles unusually dangerous to the traffi c and use of the highway at least two lighted lamps showingwhite l ights vi s ible , under normal atmospheri c conditions , at least 500 feetin the d irection toward which said motor vehicle i s proceed ing , and shallalso carry at the rear o f such motor vehicle a l ighted lamp exhib iting onered l ight , plainly vi s ible for a distance of 500 feet toward the rear, and soplaced that the number carried on rear o f said motor vehicle shall beillum inated by a white l ight in such manner that such number can beplainly visible

,under normal atmospheric cond itions , at a d i stance of not

les s than fi fty feet in the reverse direction to which said vehicle i s proceding.

L I G HTS ON MOTO RCYCLE S—Every motorcycle , while in use , shallcarry f

’ uring the period from a half hour after sunset to a half hour beforesunrise , and whenever fog or other atmospheri c cond itions render the useof the h ighway by vehic les unusual ly dangerous to the traffi c and use of thehighway at least one l ighted lamp showing a white light , v is ible under normal atmospheri c condi tions , at least 200 feet in the direction toward whichthe motorcycle i s proceeding, and shal l al so carry at the rear of such motorcycle one red l ight , or one red reflex mirror , plainly vis ible from the rear .CHAU FFEUR S M U ST B E L I C ENS ED—No person shall employ for

hire a s a chauffeur of a motor vehicle any person not l icensed,as in the

M otor V ehicle Act provided .RATE OF SPE ED— It shall be unlawful to drive at a rate of speed in

excess o f thirty mi les an hour ; and , provided , further, that in any event noperson shall operate or drive a motor or other vehicle on any public highway where the territory contiguous thereto i s closely bu ilt up at a greaterrate o f speed than one mile in three minutes , or in the busines s district ofany incorporated city and county , city or town , at a greater rate than one

mile in four minutes , or at a greater rate of speed than one mile in six minutes where the operator ’s or chauffeur ’s view of the road traveled i s oh

structed , either upon approaching an intersecting way , or in traversinga cross ing or intersection of ways , or in approaching or travers ing a bridge ,dam , trestle , causeway o r viaduct. or in going around corners o r a curve ina street o r highway .

RULES FOR PASS ING IN OPPOS IT E AND I N THE SAM E D IREC

T lON—Vehic le s p roced ing in oppos ite directions shall pass each other tothe right , giving as nearly as possible one-half the road to each . Vehiclesovertaking other vehicles proceedin g in the same d irection shall pass to theleft th ereof

,and shal l not again drive to the right unti l reasonably clear of

such overtaken vehicle .INTOX I CAT ED DR I VERS—The penal code also contains provi sions

concerning the duties of drivers of vehicles in coll is ion , making th e operating or driv in g o f automobile , motorcycle o r oth er motor veh icle by an intoxicated person a mi sdemeanor, and the doing o f any act , or neglecting o f

any duty , by such intoxicat ed person pun ishable by impri sonment in thestate prison not exceed ing five years . or in the county jai l not exceedingone year , o r by fine not exceeding $500. or by both such fine and impri sonment .

W E LOAN MONEYOn the M ost Favorable Term s

Con s istent W ith Sound Banking.

2 0 CALIFORNIA LAWS JIADE PLA IN

BANKS AND BANKING .

The banking act o f M arch I , 1909 , which had been amended in 191 1 ,

was so greatly amended in 1913 as to constitute practically a new bankingact.CLASS ES OF BANKS— It i s unlawful for any corporation , partnersh ip ,

firm or individual to engage in or transact a banking business wi thin thestate except by means of a corporation duly organized for such purpose .

Banks are d ivided into the fol lowing classes : (a ) savings banks ; (b ) com

m erc ial banks , and (c ) trust companies . Such co r porations may be formedby any board of natural persons not less in any case than three . Theterm “Trust Company $ means any corporation w hich i s incorporated underthe laws of the state for the purpose of conduc ing the business Of actingas executor, administrator, guardian of estates , assi gnee , receiver , depositary or trustee , under appointment by any court o r by authority o f the lawof th is s tate , or as trustee for any purpose perm i tted by law .

FO R E I GN CO RPO RAT I ONS—No foreign corporation shal l transact abanking business in thi s state without first complying with al l the re

quirements of the laws of the state relative to banks , and without havingassi gned to its business in thi s state the amount of paid -up capital andsurplus required by the banking act for the transaction of such businesswithin the state . NO foreign banking corporation shall transact businessin th is state unti l such corporation has made an assignment o f capital requ ired by the banki ng act, and has received a certi ficate from the statesuperintendent of banks .

D I R ECTO R S—No person shall be eligible for election as director of abank h aving a capital stock unles s he i s a stockholder of the bank

,own

ing in his own right shares thereof of the par value of at least $500 ; andevery person elected to be a d irector who, after such election , shall ceaseto be the owner , in h is own right , o f the amount of such stock , or shallhypothecate or in any way pledge sai d stock as security for any loan ordebt , shall immediately noti fy the superintendent o f banks in writing ofsaid sale or hypothecation , and such director may be removed from th e

Office of director by the superintendent of banks . If a bank be organizedwithout capital stock no person shall be eligible as a director thereof

, un

les s h e i s both a member and a depositor o f said bank .

PR E R EQU I S I T E TO ADV E RT I S I NG AS BANK —Every person,f irm

,

company, co -partnership o r corporation , domestic or foreign , advert is ingthat he or i t i s receiving o r accepting money or savings , and issuing notesor certifi cates of deposi t thereof , or adverti s ing that he or i t i s transacting the business of a bank , savings bank or trust company must have theproper capital stock paid in and set as ide for the purpose o f transactingsuch business , and must have received from the superintendent o f banks ,as provided for in the banking act , a certificate to do a banking business .

DEPOS ITS NOT OV E R $500~—Any bank receiving an affidavit s tatingthat a depos itor is dead , and showing that the affiant is entitl ed to be thebenefic iary Of the deceased, under the success ion laws of the state , wherethe sum on depos it does not exceed $500 may pay to the affiant the deposit , without probate proceedings , and the receipt of such affiant i s a sufficient acquittance therefor .

D I V I DENDS .

—No banking corporation shall declare any dividends except from the net earn ings , afterd educting all losses but every such bank shallbefore the declaration of any such dividend , carry at least one-tenth partof the net profits of the stockholders for the preceding half year

,or for

such period as i s covered by the div idend to i ts surplus until such surplu sshal l amount to 25 per cent o f its paid-up capital stock .

STAT E BANK I NG DEPARTM ENT— A state banking department hasbeen created whose chief offi cer shal l be the superintendent thereof ,

and

WE G I VE P ROMPT ATT ENT I ONTO

COLLECT I ONS .

CALIFORNIA LAWS MADE PLAIN 2 1

be .known as the superintendent of banks . He shall be appointed by thegovernor, and shal l hold Office at the pleasure of the governor . He shall

not , ei ther directly or indirectly , be interested in any commercial bank ,savings bank or trust company , o r as an individual banker.INSPECT I ON OF BANKS AND T R U ST COMPAN I ES—Every bank

and trust department o f every ti tl e insurance company doing a trust business shal l be subj ect to the inspection of the superintendent of banks .The superintendent o f banks , the chief deputy , or some competent personto be appointed by the superintendent of banks , to be known as examiners ,shall v i s it and examine every bank at least once each fiscal year . And

ful l provi sions are made for extra examinations , and fo r the administeringof oaths and making an audit upon such examinations .C E RT I F I CATE TO T RANSACT B U S INESS—No bank shall transact

any busines s in thi s state without the written approval o f the superintendent of banks , and without hi s written cert ificate , stating that it has compli ed with the provi sions of the banking act , and that it i s authorized totransact , within the state , the business speci fied therein .

R EPO RT TO SUPE R INTENDENT OF BANKS —Every bank organizedunder the laws of thi s state shal l , whenever required by the superintendentof banks , make a report in writing to him , veri fied by oath of i ts presidentand secretary , or cashier, or two principal Officers , showing the actualfinancial cond ition of the bank making the report at the close of any pastday designated by the superintendent . Every foreign corporation transacting the busines s Of banking in thi s state shal l make , in l ike manner , areport as far as it may relate to the affairs o f such corporation in thi sstate . The reports here spec ified shal l be called for by the superintendentat least three times each year , and spec ial reports shall be l ikewise rendered to h im when cal led for .

DRAW I NG OF BANK C H ECKS W ITH I NT ENT TO DEFRAUD—fiEvery person who wilful ly, with intent to defraud , makes or draws or uttersor del ivers to another person any check or draft on a bank , banker or depo sitary for the payment of money , knowing , at the time o f such making ,drawing , uttering o r del ivery that he has not suffic ient funds in or creditwith such bank

,banker o r depos itary to meet such check or draft in ful l

upon i ts presentation , i s puni shabl e by imprisonment in the state prisonfor not less than one year nor more than fourteen years . The word “cred it $

as used herein shal l be construed to be an arrangement or understanding with the bank or depos itary for the payment o f such check or draft .

NAT I ONAL BANKS—National banks are such as are organized underthe laws of the United States , and are requ ired to have a capital of notles s than $2 5 000 . In ci ti es and towns the capi tal requ ired i s regulated inaccordance W i th the population of said city or town . In cities of overand less than the cap ital o f such bank must be not less thanIn c ities Of more than inhabitants the minimum capital isEach stockholder in a national bank i s l iable not only for the amount o fhi s stock in such bank , but is l iable in an additional amount o f such stock .

The busines s of the bank i s managed by i ts directors , who are required toexerci se due care and good faith , and they are responsible in a c ivi l sui t ,and criminally , for any fraud or mi smanagement o f the bank ’s affairs .An y person engaged in the banking busines s wh o receives deposi ts afterthe bank has become insolvent i s guil ty o f a criminal offense.

CITIES AND TOWNS .

Any portion of a county contain ing not less than 500 inhabitants , andnot incorporated as a municipal corporation , may become incorporated un

der the provi sions of the municipal corporati on act , and when so incor

WE EXT END TH E ACCOM MODAT I ONSOF

A SOL I D,W ELL EQU I PP ED BANK.

2 2 LJ II'

S MADE PLAIN

porated shall have the powers conferred upon municipal corporations o f

the class to which the same may belong .

CLASS I F I CAT I ON—All municipal corporations having a population ofmore than shal l constitute the first class ; those having a populationo f more than and not exceeding the first and one-half class ;those having a population Of more than and not exceedingthe second class ; those having a population of more than and notexceed ing the second and one-half class ; those having a populationof more than and not exceeding the th ird class ; those having a population of more than and not exceeding th e fourthclass ; those having a population of more than and not exceeding

the fifth class ; those having a population not exceed ing thesixth class . But these designations do not change the clas si fication ofex i sting ci ties organized under th e 'mun ic ipal corporation act .

For the purpose o f class ifying municipal corporations , as above provided , the population o f al l municipal corporations within the state i s determ ined to be the population of such municipal corporation as shown bythe federal census taken in the year 19 10 ; but whenever a new federal census i s taken the municipal corporations within the state are not , by operation of law , re-classi fied under such census , bu t remain in the old classi fi

cation until re-classified by the legislature , unless a direct enumeration ofthe inhabitants thereof be made , as provided in the municipal corporationact . The municipal corporation act provides for the offices , executive , jud iolal and legislative , of the respective classes of municipal corporations ,together with their powers , duties , rights and compensations .R ECALL OF M UN I C I PAL OFF I C E RS—The holder of any elective o f

fice of an incorporated city or town may be removed or recal led at anytime by the electors after he has held office at last six months , but thisprovi sion of th e state law is not intended to apply to those cities havingfreeholders ’ charter, and having in such charter provision for the recal l o felective officers by electors .

IN IT IAT I V E AND R EFE R ENDU M— Ordinances may be effected by andfor any incorporated city or town o f the state by direct legi slation , throughthe initiative and referendum , but this prov ision o f th e state law i s notintended to apply to those cities having a freeholders ’ charter

,and having

in such charter provi s ion for the direct in iti ative o f ordinances by the electors .

CHILDREN AND MINORS ; See Also Adoption .

M inors are males under 2 1 years of age , and females under 18 years .All other persons are adults . A child conce ived , but not yet born , i s deemedto be an ex i sting person , so far as may

‘ be necessary for i ts'

interests inthe event of its subsequent birth . The father and mother of a legi timateunmarried chi ld are equally entitled to i ts custody , services and earnings .I f either the father or mother be dead or unable , or refuse to take the custody or has abandoned his or her family the other i s entitled to i ts custody

,

services and earnings . The mother of an i llegit imate unmarried childI s entitled to its custody , services and earnings . A minor cannot give ade legation of power , nor, under the age of 18 , make a contract relating toreal property, or any interest therein , or relating to any personal propertynot in hi s immediate possess ion or control . A minor may make any othercontract than as above speci fied in the same manner as an adult

,subj ect

only to hi s power of disaffirman ce , as follows : The contract of a minor ,i f made while under the age o f 18 , may be d i saffirmed by the minor himself, either before hi s majority, or within a reasonable time afterwards ; or ,in case of h is death within that period , by his he irs or personal represe ntatives ; and i f the contract be made while th e minor i s over 18 it may

MONEYDEPOS I T ED W ITH U S

I S B EYON D TH E R EAC H OF H O U S E B R EAKE RS .

-V I .

-I LA II'

S PLA IN 23

be d isaffirmed in l ike manner upon restoring th e consideration to the partyfrom whom it Was received , or paying its equ ivalent , except that a minorcannot disaff i rm a contract , otherwise val id , to pay the reasonable valueof things neces sary for hi s support , or that of his family, entered into byhim when not under the care of a parent or guardian able to provide it forthem , and except, also , an obl igation . otherwi se val id , entered into .by himunder the express authority or d irection of a statute .

All children born in wedlock are presumed to be legitimate,and al l

children of a woman who has been married born within ten months afterthe di ssolution of the marriage are presumed to be the legitimate chi ldrenof that marriage . And the presumption o f legitimacy can be disputed onlyby the husband or wife , or a descendant of one or both of them .

A chi ld born before wedlock becomes legitimate by th e subsequentmarriage of its parents .The authority Of a parent ceases : (1 ) upon the appointment by a

court of a guard ian of the person of a chi ld ; (2 ) upon the marriage of thechild ; or (3 ) upon its attaining majority .

COMMON CARRIERS ; See Also Public Utilities

Everyone who offers to the public to carry persons , property or m i s

sage s excepting only telegraphic message s,i s a common carrier o f what

ever he thus offers to carry . A common carrier must , i f able to do so , aocept and carry whatever i s offered to h im , at a reasonable time and place ,of the kind that he undertakes , o r is accustomed to carry . An d he must notgive preference in time , price or otherwise to one person over another, buthe must always give a preference in time , and may give a preference inprice to the Uni ted States and to this state . He must start at such time .

and place as he announces to the publ ic , unles s detained by accident or theel ements , or in order to connect with carriers on other l ines of travel . He

i s enti tled to a reasonable compensation , and no more , and he may requireto be paid in advance . If payment thereof is refused he may refuse tocarry. H is Obligation cannot be l imited by general notice on hi s part,but may be l imited by special contract . He cannot be exonerated by anyagreement made in antic ipation thereof from l iab il ity for the gross negl igence , fraud or willful wrong of himself or hi s servants . He i s not re

sponsible for the loss or mi scarriage of a letter, or package having theform o f a letter contain ing money or notes , bill s of exchange or other paperso f value , unless he be inform ed at the time of its receipt o f the valueof its contents .

A common carrier of persons , unless his veh icle i s fitted for the reception of persons exclusively , must receive and carry a reasonable amountof baggage for each passenger without charge, except for an exces s o fweight over 100 pounds to a passenger ; if such carrier is a proprietor o f astage line he need not receive and carry for each passenger by such stagel ine , without ch arge , more than sixty pounds of baggage .

Luggage may consist of whatever the passenger takes with him forh is personal use and conven ience , accord ing. to the habits or wants o f theparticular class to which he belongs , either with reference to the importan tnecessit ies or to the u ltimate purposes o f hi s journey. Luggage within themeaning of thi s paragraph shal l include the samples , cases , wares , ap

pliances and catalogues of commercial travelers or their employes u sed bythem for the purpose of transacting their bus iness , and carried with themsolely for that purpose , when securely packed and locked in substantialtrunks or sample cases of convenient shapes and weight for handl ing . Nocrate

,cover or other protecti on shall be required for any bicycle carri ed as

luggage,but no passenger shall be entitled to carry, as luggage , more than

WE ACCO RD CA R EFU L CONS I DE RAT I ONTO

SMALL O R LARGE DEPOS ITO RS .

2 4 CALI FORNIA LAWS MADE PLAIN

one bicycle . The liabil ity o f the carrier for luggage received by him with apassenger is the same as that of a common carrier of property .

A passenger who refuses to pay his fare , or to conform to any lawfulregulation o f the carrier may be ej ected from the vehicle by the carri er ,but thi s must be done Wi th as l ittle violence as possible , and at any usualstopp ing place , or near some dwelling house .

Unles s a consignor accompanies the freight and retains exclusive con

trol thereof an inland common carrier of property i s l iable from the timehe accepts unti l he rel ieves himself from liabi l ity for the loss or injurythereof from any cause whatever , except : (1 ) an inherent defect , v ice orweakness , or a spontaneous action of the property itself ; (2 ) the act of apubl ic enemy of th e United S tates o r of this s tate ; (3 ) the act o f the law ;or (4 ) any irresi stible superhuman cause . A common carrier is l iable , evenin the case s excepted by the preced ing enumerati on if hi s want of ordinarycare exposes the property to the cause o f loss . A common carrier i s liablefor delay only when it i s caused by his want of ord inary care and d i l igence .

A carrier of messages by telegraph must , i f i t i s practicable , transmitevery sai d message immediately upon its receipt , unless i t i s no t practicable , and several messages accumulate upon hi s hands .

COMMUNITY PROPERTY ; See Also Descent.

S EPA RATE PROPERTY OF TH E H U SBAND—All property owned bythe husband before marriage and that acquired afterwards by gift , bequest ,devise or descent, with the rents , i ssues and profits thereof , i s h is separateproperty.

COMMUN I TY PROPE RTY—All other property acquired after marriageby either husband o r wife , or both , i s community property ; but wheneverany property is conveyed to a marri ed woman by an

' instrument in wri tingthe presumption is that the title i s thereby vested in her as her separateproperty . An d in case the conveyance be to said married woman and toher hu sband , or to her and any other person , the presumption i s that themarried woman takes the part conveyed to her as tenant in common

, un

less a d i fferent intention i s expressed in the instrument , and the p resum ption in thi s section mentioned is

'

conclusive in favor of a purchaser or

encumbrancer in good faith , and for a valuable consideration ; and in caseswhere married women have conveyed or shall hereafter convey real property which they acquired prior to M ay 1 9 , 1 889 , the husbands , or their he irsor assigns , o f such married woman shal l be barred from commencing ormaintain ing any action to Show that the sa id real property was communityproperty o r to recover said real property as fol lows : As to conveyancesmade before M arch 4 , 1897 , from and afte r one year thereafter, and as toconveyances made after M arch 4 1897 f r om and after one year from thefil ing for record in the recorder s offi ce o f such conveyance .

Another definition is that community property i s property acquired bythe husband and wife , or either during marriage , when not acquired as theseparate property of e ither.

W I FE 'S PROPE RTY NOT L IABLE FOR DEBTS OF H U SBAND,B UT

L IABLE FOR H E R OWN DEBTS—The separate property of the wife isl iabl e for her own debts contracted before or after her marriage

,but is not

l iable fo r her husband ’s debts ; prov ided , that such property is l iable for thepayment of debts contracted by the husband or wife for the necessaries ofl ife furn ished to them , or e i ther of them , while they are l ivin g toge ther , butthe provis ions of this paragraph shall not apply to the separate property ofthe wife held by her at the time o f her marriage , or acquired by her by devise or succession after marriage .

Fo r c ivil in juries committed by a married woman damages may berecovered from her alone , and her husband shal l not be l iable therefor ,

W E I NV I T E NEW ACCO UNTSUpon Our Merits Fo r

STRENGTH AND SAFETY .

https://www.forgottenbooks.com/join

26 ( ‘ALIFOHV IA LAWS MADE PLAIN

such goods and chattels , or the evidences , o r some o f them , o f such th in gs inaction , o r pays at the time some part o f the purchase money ; but when asal e is made at auction , an entry by the auctioneer in h is sale book , at the timeof the sale , o f the kind o f property sold , the terms of the sale , and the price ,and the names o f the purchaser and person on whose account the sale ismade , is a suffic ient memorandum ;

5. An agreement for leas ing for a longer period than one year , or forthe sale of real property , or of an interest therein ; and such agreement ,i f made by an agent o f the party sought to be charged , i s inval id unles sthe authority of the agent i s in writing, subscribed by the party sought tobe charged ;

6 . An agreement authorizing and employing an agent or broker topurchase or sell real estate for compensation , or for a commission ;

7 . An agreement which , by its terms , i s not to be performed d uring thel ifetime of the promis sor, or an agreement to devise or bequeath any property, or to make any provis ion for any person by wi ll .

A contract must be so interpreted as to give effect to the mutual in .

tention o f the parties as it existed at the time of contracting, so far as th esame i s ascertainable and lawful . The language of a contract i s to governits interpretation , i f the language i s clear , and expl icit, and does not involvean absurd ity. The words of a contract are to be understood in their ord inary and popular sense rather than accord ing to the ir strict l egal meaning ;unless u sed by parties in a technical sen se , or unle ss a spec ial meaning isgiven to them by usage , in which case the latter must be fol lowed .

CONVEYANCES, DEEDS AND TRANSFERS .

Transfer i s an act of the partie s , or o f the law , by which the titl e toproperty i s conveyed from one l iving person to another .G RANT—A transfer in writing i s cal led a grant, or conveyance or bi ll

of sale . The term “grant $ includes al l these instruments only when it i sespecially appl ied to real property . A grant takes effect so as to vest theinterest intended to be transferred only upon its del ivery by the grantor , butis presumed to have been del ivered at its date . A grant cannot be delivered to the grantee conditionally ; del ivery to him , or his agent, as such , i snecessarily absolute

,and the instrument takes effect thereupon , discharged

of any condition on which the delivery was made . R edel ivering a grant ofreal property to the grantor , o r cancel l ing it , does not operate to re-transferthe title .ESC ROW—A grant may be deposited by the grantor with a third per

son ,to be del ivered on performance of a condition , and, on del ivery by the

depositary,i t wil l take effect . Wh ile in the possess ion of the thi rd person ,

and subject to condition , it i s called an escrow .

R EQU I S ITE FOR TRANSFE R OF C E RTA I N ESTATES—Ah estate inreal property

,other than an estate at will , or for a term not exceeding one

year,can be transferred only by operation of law , o r by an instrument in

writing,subscribed by the party di spos ing of the same , or by hi s agent

thereunto duly authorized by writing.

FO RM OF G RANT—A grant of an estate in real property may be madein substance as follows :

“I , A B ,

grant to C D all that real property situated in (insert name ofcounty ) county, State o f Cal ifornia , bounded (or described ) as fol lows :(Here insert description , or , i f the land sought to be conveyed has a distinctive name , i t may be described by the name , as for instance ,

‘The Norris

“W itness my hand thi s (insert day ) day of ( insert month ) , 19 . A B

G RANT BY MARR I ED WOMAN, HOW ACKNOWLEDG ED—A grant or

WE R EC E I V EDEPOS ITS

S U BJECT TO C H ECK.

CALIFORNI A LAWS MADE PLA IN 27

conveyance of real property made by a marri ed woman may be made , ex

ecuted and acknowledged in the same manner , and has the same effect , asi f she were unmarried .

FEE S I MPLE T I TLE AND SUBS EQ U ENTLY ACQU I R ED T I TLE—Afee simple title i s presumed to he intended to pass by a grant o f realproperty, unles s i t appears from the grant that a lesser estate was intended , and where a person purports by proper instrument to grant realproperty i n fee simple , and subsequently acquires any title , or claim of titl ethereto, the same passes by operation of law to the grantee or hi s succes sors.

CERTA IN T E RM S AND COV ENANTS—Every grant of an estate inreal property i s conclusive against the grantor , and al so again st everyonesubsequently claiming under him , except a purchaser or incumbrancer who.i n good faith

,and for a valuable cons ideration , acquires a title or l ien by

an instrument that i s fi rst - du ly recorded .

The use of the word grant $ in any conveyance impl ies , on the partof the grantor , for himsel f and for h i s heirs to the grantee and hi s heirsand assi gns , the following covenants :

(1 ) That previous to the time of execution o f such conveyance thegrantor has not conveyed the same estate , or any right , title or interesttherein , to any person other than the grantee ;

(2 ) That such estate i s , at the time of the execution o f such conveyance, free from any incumbrances done , made or suffered by the grantoror any person claiming under him . The term “encumbrance $ includes taxes ,assessments , and al l l iens upon real property.G I FTS—A gift i s a transfer of personal property made voluntarily and

without‘ consideration . A verbal gi ft i s not val id unless the means of ohta in ing p ossesion and control of the thing are given , nor , i f i t is capableof del ivery , unless there i s an actual or symbolical del ivery of the thing tothe donee . A gift , other than a gift in view of death , cannot be revokedby the giver. A gi ft in view of death i s one which i s made in contempiation , fear or peri l of death , and with intent that it

‘

shall take effect onlyin case of the death of the giver .

CORPORATIONS .

A corporation is a creature o f the law , h aving certain powers and duties o f a natural person . Being created by the law ,

i t may continue for anylength of time which the law prescribed . Corporat ions are either publ ic o rprivate . Publ ic corporations are formed or organized for the governmentof a portion of the state . All other corporations are private . Private cor

p o rations may be formed by voluntary association of any three o r morepersons . in any manner prescribed by the statute , a majority of wh ich persons must be res idents o f the state , and may be formed for any purpose forwhich ind ividuals may lawfully associate themselves .

A RT I CLES OF I NCO RPO RAT I ON, WHAT TO CONTA I N—Articles ofincorporation must be prepared , setting forth :

I . The name of the corporation ; ,

2 . The purposes for whi ch it i s formed ;3 . The place where its principal bus iness i s to be condu cted ;4 . The term for which it i s to ex i st , not exceeding fifty years ;5 . The number of its d irectors o r trustees wh ich shall not be les s than

three, and the names and res idences of those who are appointed for thefirst year.

Provided , that the corporate powers , business and property o f corporations formed or to be formed , for the purpose o f erecting and managing hall s and buildings for the meetings and accommodati ons o f severallodges o r societies , or any benevolent or charitabl e order o r organization

,

PUT YOU R MONEYIN A BANK

AND PAY YO U R O BL I GAT I ONS BY CH ECK.

28 LAWS .II 4 DL‘

PLAIN

and in connection therewi th the leas ing of stores and offices in such bui lding o r bui ldings for other purp oses , may be conducted , exerci sed and con

trolled by a board of no t less than three , or more than f ifty, d irec tors , tobe chosen from among the sto ckholders o f such corporation ,or among the members of such order o r organ izati on ; and

provided , also , that at any time during the ex is tence of

corporations for profit , other than those of the character last mentioned , thenumbers o f the directors may , by a majori ty o f the stockholders o f thecorporation , be increased or d imini shed to any number not less than three ,who must be members o f the corporation ; whereupon , a certificate stating the number o f directors must be filed , as provided for by law for the filing of the ori ginal articles of incorporation ; and provided also that thecorporate powers , bus in ess and property of corporations formed or to beformed

, for social purposes , and no t directly for profit , may be organizedconducted and control led by a board , cons isting of such number o f directorsas may be in the constitution or by- laws provided ; and corporations soformed may , in thei r constitution o r by- laws , provide for the length of timethat the directors , or any number thereof, shall act, and may , in l ike manner , provide that certain directors , or a certain number of the board of directors , to be selected by the corporation o r the board o f directo rs , i n themode and manner provided in the const itution and by- laws , shall act forany speci fied length of time , or otherwise , as shall be in the constitution or

by-laws set forth ;6 . The amount of its capital stock , and the number of shares into which

it i s d ivided .

Corporations formed for profit, pursuant to these provis ions , may , bytheir art icles of incorporation , provide for the classi fication o f their capitalstock into preferred and common stock . In the event that the articles ofincorporation shal l provide for such classification , the same must contain astatement o f the number o f shares .of s tock to which preference i s granted .

and the number of shares of stock to which no preference i s granted . Thearticles of incorporation shall al so state , in clear and succinct manner , thenature and extent of the preference granted , and except as to the matters andthings so stated

,no d i stinction shal l ex is t between , said classes of s tock , o r

owners thereof ; but no preference shal l be granted , nor shal l any . d istinc

ti on be made , between the classes of stock , either as to voting power , o r asto the statutory or constitutional liabi l ity of the holders thereof to the creditors of the corporation ;

7 . I f there i s a capital stock , the amount actually subscribed , andby whom .

PROC EDU R E FOR lNCO RPORAT ING—Upon fil ing the articles of lncorporation in the office of the county clerk o f the county in which ' theprincipal bu siness of the company i s to be transacted , and a Copy thereof,cert ified by the county clerk with the secretary o f state , the secretary ofstate must issue to the corporation , over the great seal o f the s tate , a certificate that a copy o f the articles containing the required statements o f

facts has been fi led in hi s office , and thereupon the persons signing thearti cles

,and their agents and succes sors , shall be a body pol iti c and cor.

porate by the name stated in the certificate , and for the term of fi ftyyears , unles s i t i s in the articles of incorporation otherwi se stated , or bylaw otherwise spec ially provided ; provided , however, that the secretary o f

state shall not file any copy of any arti cles , o r is sue any cert ificates o f in corporation to any corporation , which articles set forth the corporate name o fany corporation heretofore organ ized in th is state , o r to any corporation existing at the time of fil ing sa id articles , where the name set forth in the newarticl es so closely resembles the name of such corporation that it would tendto deceive .

A corporation must organize and commence the transacti on of business

if you m ake your paym ents by C H ECKYou H ave a Reco rd

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Wi thin one year from the date o f its incorporati on . Fail ing to do so , itscorporate power ceases . Immediately after their election the d irectors mustorganize by the election o f a pres ident , who must be one o f the ir number , asecretary and treasurer . A majori ty of the directors is a sufficient numberto form a board for the transaction o f business , and every decis ion of a majority o f the directors forming such board

,made when duly assembled , i s

val id as a corporate act .L IAB I L I TY OF STOCKHOLDE RS—A peculiarity of Cal ifornia law is

that each stockholder o f a corporation i s ind ivi dually and personally l iablefor such proportion of al l its debts and l iabil ities contracted o r incurredduring the time he i s a stockholder as the amount o f stock or shares ownedby him bears to the whole subscribed capital stock or shares of th e corporation . Under thi s provi s ion the Uni ted State s supreme court , in the caseo f Thomas versu s Matth iessen ,

decided February 2 , 1 9 14 , held that a citizen of New York , a stockholder of an A rizona corporation , doing businessin Cal ifornia , i s personally l iable to the cred itors o f the corporation for aproportionate share o f the debts o f the corporation .

FO R E I GN CO RPO RAT I ONS ; DES I GNAT I ON OF R ES I DENT AG ENTF‘oreign corporations may be adm itted to do bus iness in th is state ,but no foreign corporation can be given preference over, or

greater power than that pos sessed by a domestic corporation . And

every foreign corporation must, at the time of fi l ing a certi fied copy ofits arti cle s of incorporation

,fi le in the office of the secretary of state a des

ignation o f some person residing within the state upon whom process , i ssuedby the authority of , or under, any law of thi s state , may be served .

COUNTIES .

A county i s a legal sub -divi s ion of the state , and every county i s abody corporate and pol iti c , and as such has th e powers specified in thestatute , and such other powers as are necessarily implied from those expres sed . Their powers can only be exerci sed by the board of supervisors ,o r by agents and officers acting under the ir author ity or authority o f l aw . A

county has power to sue and be sued , purchase , rece ive by gift or bequest andhold land wi th in its l im its ; to make such contracts , and purchase and hold suchpersonal proper ty as may be necessary to the exerc ise of i ts powers ; tomanage and dispose o f its property , as the interest o f i ts inhabitants mayrequire ; to levy and coll ect state taxes for such purposes under its exclusivejuri sdiction as are authorized by law . No county shall in any manner giveor loan its credit to , or in aid of, any person or corporation . An indebtedness or l iab i l ity incurred contrary to th is provi s ion i s nul l and void .

OFF I C E RS OF A CO UNTY—The officers of a county are i A di stri ctattorney ; sheri ff ; county clerk ; auditor ; treasurer ; recorder ; l icense collector ; tax col lector , who shall be ex-offi cio l icense collector ; assessor ; superintenden t of schools ; publ ic administrato r ; coroner ; surveyor ; members o fthe board o f supervisors ; l ivestock inspector ; fi sh and game warden ; regi strar of voters ; sealer o f weights and measures and such other officers asmay be provided by law .

CLASS I F I CAT I ON OF COUNT I ES— Counties are divided into 58 classes ,in numerical order, according to their populati on (as ascerta ined and determ ined in the statute ) and the salaries of the officers thereof are separatelyfixed for each class . Whenever a new federal census is taken the countiesare not , by operation of law , re class ified under such census , but shall remain in the old class ification until re-class if ied by the legislature .

BOARD OF S U PE RV I SO RS—The board of supervisors is the legislativedepartment o f the county , has general charge of its affairs , except as otherwise provided by law . Each county must have a board of supervisors

,

cons is ting o f five members , not more than three o f which shall be elected atthe same general election . If in any county the terms of office o f more than

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three o f the board of supervisors , where the board consi sts o f five members , expire at the same time , such members shall , at the first regularmeeting after the first of January following the first election o f suchmembers , so classi fy themselves by lot that not more than three membersso elected shal l serve for four years

,and two for the term of two years ,

and thereafter th e term o f offi ce o f each member shall be four years .The county clerk is ex-officio clerk o f the board o f supervisors , and mustrecord all the proceedings o f the board .

R ECALL OF OFF I C E RS —The holder of any elective office o f anycounty , or of any township or supervisor d istri ct thereof , may be removedor recalled at any time by the electors after he has held office at least s ixmonths , and ful l procedure for such removal or recal l is set forth in thestatute .

COURTS .

CLASS I F I CAT I ON— The fol lowing are the courts o f j ustice in this state :(1 ) The court of impeachment ; (2 ) the supreme court ; (3 ) the district courtsof appeal ; (4 ) the superior courts ; (5 ) the justices

’ courts ; (6 ) the poli cecourts ; and such other inferior courts as the legislature may establ ish inany incorporated city or town , or city and county . The courts enumeratedin the first four sub -divi s ions of the preceding sentence are courts ofrecord . There are no “ terms of court $ in Cal ifornia , but the courts are always Open . The court o f impeachment is the senate ; when sitting as such ,the senators sh all be upon oath , and at least two-th irds of the memberselected shal l be necessary to constitute a quorum .

TH E SU PR EM E CO U RT —The supreme court consists of a chief justi ceand s ix associate justices , who are elected by the qual if ied electors o f thestate at large at the general state elections , other than presidential elections , and hold their offices for the term of twelve years from and af terthe first M onday after the first day o f January next succeed ing their elec;tion , but the terms of the s ix associate justi ces have been so classi fied thatthe term of two o f them expire every four years . There are two departments of the supreme court , des ignated respectively : department 1 and departmen t 2 . The chief justice ass igns three associate justices to each departm ent, and such ass ignment may be changed by him from time to time .but the assoc iate justices are competent to s it in e ither department , and mayin

‘

erchange with one another by agreement among themselves , or , i f no

such agreement is made , as ordered by the ch ief justi ce . The chief justice may si t in either department , and shal l preside when so s itting. Thepresence o f three justices is necessary to transact any bus iness in e i ther o fthe departments , except such as may be done at the chambers . The chiefjustice , o r any four justices , may convene the court in bank at any time , andthe chief justice shal l be the pres iding justice o f the court when so convened . The presence of four justice s shall be necessary to transact anybusiness , and the concurrence o f four justices present at the argumentshal l be necessary to pronounce a judgm ent in the court in bank . Thesessions o f the supreme court are held at the capital of the state at Sacramento , and also at San Franci sco and Los Angeles .The jurisdiction o f the supreme court i s of two kinds , original and ap

pellate . In the exercise of its original jurisdiction i t has power to issuewrits of mandamus , certiorari , prohib i tion and habeas corpus . And ital so has power to i ssue any writs necessary and proper to the complete excro ise o f its appellate jurisdiction .

D I STR I CT COU RTS OF APPEAL —The juri sdiction of the district courtsof appeal i s al so of two kinds : original and appellate , and in the exerci seof their original jurisdiction shall have power to i ssue the same writs as thesupreme court .The state is divided into three appel late distri cts , in each o f wh ich

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there i s a di stri ct court of appeals , consisting of three justices . The su

preme court, by orders entered in its minutes may , from time to time , re

move one or more counties from one appellate d i strict to another, but nocounty not contiguous to another county o f the di strict shall he added tosuch d i strict. Said d istrict courts of appeal shall hold thei r regular sessions respectively at San Franci sco , Los Angeles and Sacramento . Thesupreme court shall have power to order cau se s pending before a di str ictcourt of appeal from one district to be transferred to the district court ofappeal of another d i s trict for hearing and dec is ion . The terms o f office arethe same as those of the ju stices of the supreme court , and they have beenso classi fied that the term of one ju stice in each di strict expires every fouryears . One justice in each distri ct shall be the pres id ing justice thereof ,and as such shall be appointed or

,

elected , as the case may be . Thef resence of three jus tices shal l be necessary for the transaction of any business by such court , except such as may be done at the chambers , andthe concurrence of three ju stices shall be necessary to pronounce a judgment. Whenever any justice of the di stri ct court of appeal i s for any reasondi squal ified or unable to act in ' any cause pending before it, the supremecourt may appoint a justi ce of the di stri ct court of appeal o f another d istri ct ,or a judge of the superior court who has not acted in the cause in thecourt below , to act pro tempore in the place of the justice so disqual ifiedor unable to act . The di strict courts of appeal shall conduct the exam inations for admission to practi ce before the supreme court and allcourts of record in the state.SUPE R I O R CO U RTS—There shal l be in each of the organized counties

o r cit ies and counties of the state,a superior court , for each of which one

judge,and for some of wh ich two or more judges , as specified by law , shal l

be elected by qual ified electors of the county, o r c ity and county, at thegeneral state e lecti on next preceding the expiration of the terms of offi ceof their predecessors respectively . The term o f office is s ix years . Thesuperior court i s the general trial court o f the state . It has jurisdiction ofal l matters of law and equ ity probate , and special proceedings , and criminal cases , and has appellate Jurisdiction from al l inferior courts .

J UST I C ES ' CO U RTS—The justices ’ courts shall have c iv il jurisd ic

1 . In actions arising on contract for the recovery of m oneyp only i fthe sum claimed , exc lus ive of interest, does not amount to $300 ;

2 . In actions for damages for injury to persons , or for tak ing , detaining o r injuring personal property , or for injury to real property , where no

i s sue i s rai sed by the verified answer of the defendant involving the titl e toor possesion of the same , i f the damage claimed does not amount to $300 :

3 . In actions to recover the possess ion of personal property . if th evalue of such property does not amount to $300.

4 . In actions for fine , penalty or forfe iture , not amounting to $300, givenby statute o r ord inance of an incorporated c ity and county c ity or town .

where no issue i s rai sed by the answer involving the legal i ty of any tax ,impost , asses sment, tol l or municipal fine ;

5 . In actions upon bonds or undertakings conditi oned for the paymento f money , i f the sum claimed does not amount to $300 , though the penaltymay exceed that sum ;

6 . To take and enter judgment for the recovery o f money on th e

confess ion of the defendant , when the amount confessed , exclusive o f interest, does not amount to $300 .

The justices ’ courts shal l have concurrent jurisd iction with th e superiorcourt within the ir respective townships :

1 . In actions o f forcible entry and detainer , where the rental value ofthe property entered upon or lawfully detained does not exceed $25 permonth

, and the whole amount o f damages claimed does not exceed $200 ;

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2 . In actions to enforce and foreclose l iens on personal property whereneither the amount of the liens nor the value o f the property amounts to$300.

Except that in the last preced ing paragraphs provided , the jurisd icti on o f ju stices courts shall not in any case trench upon the juri sdiction o f

the several courts o f record o f the state .The justices ' courts have juri sdiction o f the fol lowing public offenses

committed within the respective counties in which such courts are establish ed : (1 ) Petty larceny ; (2 ) assault or battery not charged to have beencommi tted upon a public officer in the di scharge of hi s duties , or to havebeen committed with such intent as to render the offense a felony ; (3 )breaches o f the peace , riots , routs , affrays , committing wilfu l injury to property,

and al l misdemeanors punishable by fine not exceeding $500, or im

pri sonment not exceeding 6 months or by both such fine and impri sonment .

JUVEN ILE COURTS—The juveni le court law applies only to personsunder the age o f 21 years , and not now or hereafter inmates of a stateinstitution . The superior court in every county of the state shall be knownand referred tb as the “ j uveni le court $ when sitting in the exerci se of thejurisdiction conferred by the s tatute concerning neglected , abandoned anddel inquent persons , providing for their care , custody and maintenance , until21 years of age ; providing for thei r commitment to the Whitti er state school ,and the Preston school o f industry, establ ishing a probation committee , andprobati on officers to deal with such persons ; providing for detention homesfor said persons , and providing for the punishment of those responsible for ,or contributing to , the neglect , dependency or del inquency o f said persons .TH E R ECALL—The provi sions of the statu te concerning the recal l of

el ective officers in this state includes the elected judiciary .

DEBTOR AND CREDITOR .

CONT RACTS OF DE BTO R ARE VAL I D AGA INST C R ED ITO R—Inthe absence of fraud , every contract o f a debtor i s

,valid against all

his creditors , ex i sting or sub sequent , wh o have not acquired a l ien on theproperty affected by such contract .

PREFE RENCE—A debtor may pay one creditor in preference to an

other, or may give to one credi tor security for the payment of hi s demandin preference to another .R ELAT I V E R I G HTS OF D I FFE R ENT C R ED I TO RS —Where a cred

itor i s ent itled to resort to each of several funds for the sati sfaction o f

his claim , and another person has an interest in , or is enti tl ed , as a credito r , to resort to some , but not all o f them , the latter may require the formerto seek sati sfaction from those funds to which the latter has no such claim ,

so far as i t can be done without impair ing the right of the former to complete sati sfaction , and without doing injustice to third parties .

TRANSFE R W ITH I NTENT TO DEFRAU D C R ED I TO RS—Every transfer o f property or charge thereon made, every obligation incurred , and everyju d i cial proceeding taken , with intent to delay or defraud any creditor, orother person , of hi s demands , i s void against al l creditors of the debtor , andtheir successors in interest, and against any person upon whom the es

tate of the debtor devolve s in trust for the benefit o f others than the debtor .The question of fraudulent intent is one of fact , and not of l aw ; no r can anytransfer or charge be adjudged fraudulent solely on the ground that i t wasnot made for a valuable cons ideration ; but any transfer or encumbrance

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of property made or given fraudulently or without a valuable consid

eration by a party while insolvent , or in contemplation of insolvency , shallbe fraudulent and void as to existing cred itors .SALE IN BULK—The sale o f a stock in trade (o r of such quantity o f

the stock in trade as to be substantially the whole ) in bulk wi ll be con

BANK DRAFTSARE BETT E R AND CH EAP E R THAN EX P R ESS O R

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I f the decedent leaves no issue,nor husband nor wife , the estate must go to

hi s father and mother in equal shares , or if either is dead then to the other .3 . If there i s neither is sue

,husband , wife , father, nor mother then in

equal shares to the brothers and s is ters o f decedent and to the ch il dren o r

grandchildren o f any deceased brother or si ster, by right of representation .

4 . If the decedent leaves a surviving husband or wife , and neitheri ssue , father, mother , brother , si ster, nor the chi ldren nor grandchildren ofa deceased brother or si ster

,the whole estate goes to the surviving hus

band or wife .

5. If the decedent leaves ne ither i ssue . husband , wife , father , mother ,brother nor si ster

,the estate must go to the next o f kin , in equal degree ,

excepting that , when there are two or more collateral ki ndred , in equaldegree , but claiming through different ancestors , those who claim throughthe nearest ancestor must be preferred to those claiming through an an

cestor more remote .6 If the decedent leaves several ch ildren , or one ch ild and the issue

of one or more chi ldren , and any such surviving chi ld d ies under ageand not having been married , al l the estate that came to the deceased childby inheritance from said decedent descends in equal shares to the otherchildren o f the same parents and to the issue

,o f such other ch ildren who

are dead , by the right of representat ion .

7 . If, at the death of such chi ld , who dies under age , not having beenmarried , all the other - children o f hi s paren t s are al so dead , and any ofthem has left i ssue

,the estate that came to such ch ild by inheritance from

his parent descends to the is sue o f all other children of th e same parent ;and if al l the issue are in the same degree o f kindred to the ch ild , theyshare the estate equally, otherwise they take according to the right o f

representation ;8 . If the deceased i s a widow , or widower , and leaves no i ssue , and the

es tate , or any portion thereof , was common property of such decedent andhis or her deceased spouse whil e said spouse was l iving

,such property goes

in equal shares to the ch ildren o f said deceased spouse and to the descendants o f said chi ldren by the right of representation , and i f none , then one

hal f of such common property goes to the father and mother o f such decedent in equal shares , or to the survivor of them if ei ther be dead , or

i f both be dead , then in equal shares to the brothers and si sters of suchdecedent and to the descendants o f any deceased brother or s is ter by theright o f representation , and the other half goes to the father and mother ofsaid deceased spouse in equal shares , or to the survivor of them i f ei ther bedead o r i f both be dead , then in equal shares to the brothers and s isters ofsaid deceased spouse and to the descendants of any deceased brotheror sister by the right of representation ; i f the estate , or any portion thereof,was the separate property of such deceased spouse , while l iv ing , and came tosuch decedent from such spouse by descent , devise , or bequest , such propertygoes in equal shares to the chi ldren of said spouse and to the descendantso f any deceased ch ild by the right of representation , and if none , then to thefather and mother of such spouse , in equal shares , or to the survivor of themif either be dead , or i f both be dead , then in equal shares to the brothersand si sters o f said spouse and to the descendants of any deceased brotheror s ister by the right of representation ;

9 . If the decedent leaves no husband , wife or kindred , and there are noheirs to take hi s estate or any portion thereof

,under subd ivi sion 8 o f

the foregoing provis ions the same escheats to the state for the support o fthe common schools .H OM EST EAD, DESC ENT ON DEATH OF SPOU S E—~ I f the selection

of the homestead was made by a married person from the community property, or from the separate property o f the spouse making the selection

,or

joining therein , the land so selected , on the death of either o f the spouses ,vests in the survivor , subject to no other l iabi l ity than such as exi sts , or has

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been created,under th e provis ions o f the titl e concerning homesteads ; in

other cases,upon the death of the person whose property

was selected as a homestead , i t shal l go to the heirs or devi sees , subjectto the power o f the superior court

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to assign the same after a l im ited periodof t ime , to the fami ly of the decedent ; but in no case shall i t , or the products ,rents i s sues or profits thereof

,be held l iable for th e debts o f the owner,

except as provided in the same title ; and should the homestead be sold bythe owner

,the proceeds ari sing from such sale , to the extent o f the value

allowed for a homestead exemption , as provided in that title , shall beexempt to th e owner of the homestead for a period o f six months next following said sale .COMMUN ITY PROPE RTY , DESC ENT ON DEATH OF W I FE—Upon

the death of the wife the entire community property , without administration , belongs to the surviving husband , except such portion thereof as mayhave been set apart to her by judic ial decree , for her support and mainten

ance,which portion i s subject to her testamentary disposition , and in the

absence o f such d isposition , goes to her descendants , or heirs , exclus ive ofher husband .

COM MUN I TY PROPE RTY , DESC ENT ON DEATH OF H U S BANDUpon the death o f the husband , one-half of the community property goesto the surviving wife

,and the other half i s subj ect to the testamentary dis

posi ti on of the husband , and , in the absence of such di spos ition , goes tohi s descendants equally , i f such descendants are in the same degree o f

kindred to the decedent ; otherwise , according to the right of representation ;and in the absence of both such dispos ition and such descendants , i s subject to d i stributi on in the sam e manner as the separate property of thehusband . In case of the dissolution of the community by the death of th ehusband . the entire community property i s equally subj ect to his debts , thefamily al lowance , and, the charges and expenses of admini stration .

I NH E R ITANC E BY R EPR ES ENTAT I ON— Inheritance or succes s ion bythe right of representat ion takes p lace when the descendants of any deceased heir take the same share or right in the estate o f another personthat their parents would have taken if l iving . Posthumous children are considered as l iv ing at the death of their parents .

AL I ENS MAY I NH ER I T , W H EN AND HOW—Resi dent al iens may takein all cases by success ion as cit izens ; and no person capable of succeed ingunder the provisions of the statute i s precluded from such succession byreason of the al ienage o f any relative , but no non-resident foreigner cantake by succession unless he appears and claims such succes sion within fiveyears after the death of the decedent to whom he claims succession .

DIRECT PRIMARIES .

The California direct primary law was enacted in 1909 ,was amended

in 19 11 and 19 12 and a complete new law was passed in 1 913 . All thesubstan tial provi s i ons of a general e lection law are incorporated . Every eVennumbered year a general state primary i s held upon the last Tuesday inAugust to nominate al l state , national and local cand idates for officesto be filled at the en su ing November general election . The act does not

apply to nomination in municipal iti e s or counties whose ch ar ‘

ers provide forsuch matter, nor to any distri ct not formed for municipal purposes , norto nomination of freeholders to frame charters , nor to cities o f the s ixthclass , nor to school district offi cers . Each pol itical party i s entitl ed toparticipate in th e primary as a party i s entitled to a separate ticket

,under

the name of such party . B lank spaces must be left for each office so thevoter can write in the name of a candidate whose name is not printed . A

candidate may rece ive the nomination of more than one party . Candidatesfor judic ial , s chool , county or township offices have their names printed

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on all ballots , and also upon a separate bal lot headed non -part isanThe act provides the number o f signers by members o f a party, neces

sary to print the name of a candidate on a ballot , ranging from one-half o f1 per cent to 2 per cent of the party vote , at the las t general election , o r

of the entire vote i f the papers be fo r candidates for judi cial , school , county ,or township offices . Candidates may appoint verificati on deputie s totake the oaths of s igners . The s ign atures are verified by the county clerkor regi ster of voters , and , i f the papers must be fi led with the secretaryof state , are sent to him by such officers after verification .

In presidential years a primary i s held on the second Tuesday of May.

Such local primaries as are held under the state law are held on th e Tuesdaythree weeks before the local election . The candidate receiving the highestvote for the office i s the nominee of hi s party for that office . If morethan one position is to be fil led fo r the same office then the h ighest to th e extent o f double the number to be chosen become the only nominee s . For

jud i cial , school , county or township offices , the h ighest upon al l th e ballots in the aggregate , become the nominees to the extent o f those entitledto become nominees . New parties may nominate cand idates and have the irnames printed by regi stering a certain per cent o f voters under such a newparty name , also by petition s igned by three per cent of the entire vote of th estate at the last preced ing November election . State conven tions , with powerto frame platforms , and nominate Pres idential electors , are provided for , tobe composed of the party nominees at the primary for certain state offices ,and al l it s senate and assembly nominees

,and one delegate from each

hold-over senatorial d istrict . The act provides for fil ling vacancies in case o fdeath , res ignation , etc . , o f a nominee after the primary

, fo r the expenseswhich a candidate may lawfully incur , and for a recount o f the ballots incase o f contest .

DIV ORCE .

M arriage i s di ssolved only by the death of one of the parties , or by thejudgment o f a court o f competent jurisdiction decreeing a divorce of the parties . The effect of a judgment decreeing a divorce i s to restore the partiesto the state of unmarried persons . A divorce must not be granted unlessthe plainti ff has been a resident of the state for one year , and of the countyin which the action i s brought three months next preceding the commencement of the action ; provided , a cross -complainant in an action for d ivorceneed not be or have been a resident o f the state or county in which the action is brought or pend ing in order to entitle such cross-complainant to a d ivorce in sai d action ; and provided , further , that in an action for divorce thecross-complainant must personally verify the cross-complaint . After a tr ial fordivorce , i f a divorce i s granted , the court enters an interlocutory judgment ,and after the entry o f the interlucutory judgment neither party shall havethe right to dismiss the action without the consent o f the other . When oneyear has expired after the entry of said interlocutory judgment the court , onthe motion of e ither party , o r upon its own motion , may enter the finaljudgment . Though judgment o f divorce i s denied the court may in an actionfor d ivorce , provide for the maintenance by the husband o f the wi fe andchildren of th e marriage , or any of them . In case of desertion or fai lureto provide by the husband the wi fe may maintain an action for permanentsupport and maintenance o f hersel f and children without d ivorce .

CAU S ES FOR D I VO RCE—Divorces may be granted for any of the following causes : Adul tery , ex treme cruelty , wilful desertion , wilful neglect , o rhabitual intem peren ce , conviction of felony . W il ful desertion

,wilful neglect

or habitual intemperance must continue for one year before e ither is aground fo r d ivorce .

D I VO RC ES DEN I ED ON W HAT S H OW I NG—Divorces must be denied

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upon showing conn ivance , collus ion , condonation , recrimination or l imi tation and lapse of time . A divorce must be denied when the cause i s adultery, an d the action i s not commenced within two years after commiss ionof the act of adultery, or after its discovery by the injured party ; or whenthe cause i s conviction of felony, and the action i s not commenced before th eexpiration o f two years after a pardon , or the termination of the period o f

sentence. In all other cases where there i s an unreasonable lapse o f timebefore the commencement o f the action .

EDUCATION .

The educational institutes o f thi s state consis t of the Univers ity of Cal iforn ia, together with al l its affi l iated institu t ions , the state normal school s ,the county free high school

,the union high scho ol and the common or di strict

schools .Authority relating to the supervi sion of school s and al l matters per

ta ining thereto i s vested principal ly in the state board of educati on , in thestate superinteindent of public instruction , in the county superintendentsand boards of trustees o f the various school d istricts and c ity boards of education .

STATE BOARD OF EDU CAT I ON—The state'

board of education consists of seven members , who shal l be appointed by the governor , and shallhold office for a term o f four years . Whenever a vacancy occurs it i s fi l ledby appointment by the governor for the balance o f the term . No appointivemember o f the board shal l hol d any salaried educational position . Theboard shal l select its own pres ident , and the superintendent of publ ic instruotion shall be the secretary of the board , and shal l act as its executive officer .

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The board shal l , among other things , have the power to adopt rulesand regulations for the government of the day and even ing elementaryschoo ls , the day and evening secondary school s , the technical and vocationalschools of the state and such other schools , excepting the University of Cal ifornis , as may rece ive , in whole or in part , f inancial support from the state ;to appoint three ass is tant superintendents of publ ic instruction , who shallnot be subject to the provis ions of any c ivil s erv ice law o f the s tate ; to prescribe , by general ru le , the credentials upon which persons may be granted certificates to teach in the h igh school s o f the state ; to cons ider the cases o f ind ividual appl icants who have taught succes sful ly for a period of not lessthan twenty school months , but are not possessed o f the credential s prescribed by the board under the provi s ions of the school law ; to grant l i fe diplomas o f four grades , val id throughout in the . state , as fol lows : (1 ) H ighschool , authorizing the holder to teach in any primary o r grammar highschool ; (2 ) grammar school , authoriz ing the holder to teach in any primaryor grammar school ; (3 ) kindergarten-primary , authorizing the holder toteach in th e kindergarten class o f any primary school ; (4 ) special , auth orizing the holder to teach in any school such special branches and in suchgrades as are named in the dipl oma ; to issue d iplomas upon certain othercredential s , and to revoke or suspend the same ; to compile, in whole or inpart , and to manufacture su ch text books as are now in use ; to comp ile andmanufacture such additional text books or books as i t may deem neces saryor proper for u se in the elementary schools ; to purchase books , when necessary, and to do all things that may be neces sary for the purpose o f p ro

curing a uniform series o f text books fo r use in elementary day and evening school s of the state .To fix the price o f state text books , and to sel l them , not only to pub

l ic schools , but to private schools and individual s , and to provide for a schooltext book fund and its management .STATE SUPERINTENDENT OF PUBL I C INSTRUCT I ON—The state

superintendent of publ ic instru ction is elected at the same time and place as

WE EXT END TH E ACCOMMODAT I ONSOF

A SOL I D,W ELL EQ U I PPED BANK .

38 CALIFORNI A LAWS JIADE PLA IN

other s tate officers,h is term o f office be ing 4 years . It is h is duty to super in

tend the sch ools .o f the state , and . among other things , to apportion the stateschool fund to the several counties , and to furni sh an abstract of such ap por

tionm ent to the state contr oll er , the state board of examiners , and to thecounty and city and county auditors , county and city and county treasurers ,and to the county and ci ty and county school boards o f the several counties o f the state ; to draw his order on the control ler in favor of each county ,or city and county treasurer for school moneys apportioned to the countyor city and county ; to vis it the several orphan asylums to wh ich state appropriations are made , and examine into the course of instruction therein ; to

vi sit the schoo l s in the different counties , and inquire into their condition ;to make full and prescribed reports to the governor and state control ler.

COUNTY SU PE R INTENDENT -A county superintendent i s a countyoffic ial , and is el ected by the qual ified electors thereof at each gubern atorialel ection , but the legislature may au thorize two or more counties to un iteand elect one superintendent for the counties so uniting . H is term of office isfour years . It i s h is duty to superintend the schools of h is county , and ,among other things , to apportion t he school moneys to each school di strict ;on the order of the board of school trustees o r board of education of any cityor town having a board of education to draw his requ is ition upon the countyauditor for all necessary expenses against the school fund o f any di strict ;to keep open to t h e inspection o f. the publ ic a regi ster of requi sit ions ; tovi s it and examine each school in hi s county at least once in each year ; topreside over teachers ’ institutes held in his county, and to secure the attendance thereat o f l ecturers competent to instruct in the art of teach ing ; to en

force the course of study , the use of state text-books , and the rules and regulation s for the examination o f teachers prescribed by the proper authority ;to issue temporary certifi cates of equivalent grades to persons holding val idsecondary or high school , elementary or grammar school , kindergarten ,primary and special certificates granted by county boards of education -

o f

Cal ifornia , except in incorporated ci ties hav in g boards of education ; to passupon and approve or rej ect al l plans for high school s ; to appoint trustees tofi l l all vacanc ies for the ful l term thereof, and when new d i stri cts are or

gan ized to appoint trustees for the same , who shall hold office unti l the firstday of M ay nex t succeed ing the ir appointment, and to preserve al l reports Ofschool officers and teachers , and del iver the same to hi s successor. He

shall , in the month of July of each year, grade each school and keep a record thereof in a book kep t in hi s offi ce for thi s purpose , and no teacher holding a certificate below the grade o f said school shall be employed to teachtherein .

No school superintendent who receives an annual salary of or

more must follow the profess ion o f teach ing, or any other vocation that canconfl ict with h is duties as superintendent , but those rece iving less than

per ' annum may teach in the public schools of the state .

C ITY SCH OOL D I ST R I CTS ; GOV E RNM ENT—“ Every city or incorpo rated town , except c ities of the s ixth class , unless sub-div ided by legislative authority , shall consti tute a separate school di stri ct , which shall begoverned by the board o f education , or the board o f school trustees of suchcity or incorporated town ; but whenever a city o r town shal l be incorporated ,except o f the s ixth class , the board of supervi sors of the county may annexthereto , for schoo l purposes only , the remainder or any part of the re

mainder of the district or districts from which such ci ty or incorporatedtown was organized whenever a majori ty of the heads o f famili es res idingtherein shall petition for such annexation , and may include more terri torythan the remainder of the district or di stricts from which the city or incorporated town was organized , whenever a petition fo r such purpose is presented to them , sign ed by a majori ty of the heads of famil ie s resid ing insuch additional territory .

MONEYDEPOS IT ED W ITH U S

I S B EYOND TH E R EAC H O F H O US E B R EAK E RS .

CALI FORNIA LAWS MADE PLAIN 3 9

FO RMAT I ON OF NEW SC H OOL D I ST R I CTS ; C HANG ING BOUNDAR I ES ; JO I NT D I STR I CTS—No new school d istrict shall be formed , nor shallthe boundaries o f a school d istrict be changed , except between the firs t day ofOctober and the tenth day of February . Joint d istricts (that is d istr icts ly ingpartly in one county and partly in another ) , may be formed between thesame dates . M inute provi s ion s o f procedure are prescribed for accompli shingeach of these acts .GOVERNM ENT OF SC HOOL D I ST R I CT PARTLY W ITH IN C I TY—A

schoo l d i stri ct , a porti on of which i s embraced within the l imits of an incorporated city or town governed by a freeholders

’ charter , may be subj ect to ,

controlled and governed by the provi sions of such charter relating to andproviding for the management of publ ic school s , i f , upon an election submitting such question

,the electors of the school distri ct shall so decide .

ELECT I ON FOR SCHOOL T RU STE ES—An election for school trusteesmust be held in each school di strict on the first of April in each year , at thedi stri ct school house

,i f there i s one

,and

,i f there i s none , at the place to be

designated by the board o f trustees .NU M BER OF SC H OOL T RUST E ES—The number of school trustees for

any school distr ict , except where c ity boards are otherwise authorized bylaw, shal l be three . No person shal l be deemed ineligible to the office of

trustee on account o f sex .

ELECT I ON IN NEW D I ST R I CTS—Jn new school di stricts the schooltrustees shall b e elected on the first Friday of Apri l subsequent to the formation o f the d istri ct, to hold offi ce for one , two and three years , respectively ,from the first day o f M ay next succeeding their election .

VACANCY—When a vacancy occurs the county superintendent o f schoolsshal l appoint a su itable

'

person to fi l l such vacancy unt il the first day ofMay next succeeding the appointment, and a tru stee sh all be elected at thenext April e lection , to hold office for the remainder of the term , except inthe case of c ity boards , and where new districts are formed . One trusteeshal l be elected annually to hold office for three years from the first day of

M ay next succeeding his election , or until h is successor shall be elected or

appointed and qualified .

TERM OF SC H OOL TRUST EES—The term of offi ce of school trusteesi s three years from the first day of M ay next succeeding their election .

BOARDS OF EDU CAT I ON IN C IT I ES—Boards of education are electedin citie s under the provisions of the laws governing such cities , and theirpowers and duties are prescribed in such laws .CO UNTY BOARDS ; HOW COMPOSED—Except in any city and county

there shall be a county boar d of education , which shall consis t of the countysuperintendent of school s and four other members appointed by the board ofsupervisors o f the county. A majority of the members appointed by theboard o f supervisors shall be experienced teachers , hold ing not lower thangrammar school certificates , in ful l force and effect . The term of office i stwo years , and two are appointed each year. If the board o f supervi sorsshould refuse or neglect to appoint it i s the duty of the county superintendent to appoint . Shoul d a vacancy occur at any time it i s the duty o f theboard o f supervisors to fi l l the vacancy . The county board shal l organizeon the first day of July in each year by electing one o f its members presi ~dent of the board . A county superintend ent i s ex-offic io secretary of theboard . Three shall constitute a quorum ; but no teacher

’s certificate shall bei ssued , renewed or revoked , nor shall any books or apparatu s be adopted , except by an affirmative vote of at least three members of the board . On

the cal l of any member the ayes and nays shall be taken upon any proposition , and th e vote shall be recorded in the minutes of the board . The countyboard shal l meet semi -annually at such time as i t may determine . Specialmeetings may be called by the superintendent at any time , and upon therequest of any three members in wri ting the superintendent shall cal l aspecial meeting.

W E ACCO RD CAR EFU L CONS I DE RAT I ONTO

SMALL O R LA RG E DEPOS I TO RS .

40 ,CALIFORNI A LAWS MADE PLAIN

NUMBE R OF YEARS INSTRUCT I ON IN ELEM ENTARY SCHOOLSThe course of s tudy for day and even ing elementary schoo l s o f the s tateshall embrace eight years of instruction , and such courses must allot eightyears of instruction in subj ects required to be taught in such schools , andmay allot not more than two years for day kindergarten instruction .

CO U RS ES OF STUDY REQU I R ED—Instruction must be given in thefollowing branches in the several grades in which they may be required :Reading, writing, arithmetic , orthography, geography, nature study, withspecial reference to agricu lture

,language and grammar, with spec ial refer

ence to composition , history o f the United State s and civ i l government ,phys ical culture , includ ing the necessary elements of phys iology and hygiene ,with special reference to the inju riou s effects of tobacco and alcohol andnarcotics on the human system , morals and manners , music, drawing and elementary bookkeep ing, humane education , and when competent teachersthereof can be secured and there are sufficient funds in the di strict to paythe ir salaries , manual training and domestic sc ience ; provided , that instruotion in elementary bookkeeping, humane education , el ements of phys iologyand hygiene, music, drawing and nature study may be oral , and no textbooks on these subj ects shall be required . Provided , further , that the countyboards of education may, in di stricts having less than 100 cens

’

us chi ldren ,confine the pupils to th e study of reading , writing , orthography , arithmetic ,language, grammar, geography, history of the United States and c ivi l governments , elements of physiology and hygi ene , elementary bookkeeping unti lthey have a practical knowledge of these subjects ; provided , that no morethan twenty rec itations per week shall be requ ired of pupils in secondaryschools , and no pupil under the age of 15 years in any elementary schoolshall be required to do any home study. Provis ion i s also made that theboard of education in every city of the first and first and one-half class shallmaintain therein at least one public school in which shall be taught, in connection with the above , the French, Spani sh , Ital ian and German languages,or any of them .

T EAC H E RS—All teachers in the publ ic school s must hold a certificateissued by competent authority , and must have attained the age o f 18 year s .

ELECTION REGISTRATION LAWS .

There i s a new regi stration of voters , commencing on January 1 in eacheven numbered year. If a voter who registers does no t move out of h isprec inct such registrat ion is good for al l elections (held thirty days aftersuch registration ) , for two years from the beginning of such new regi stration , and for all general or special munic ipal elections unti l the Apri l firstfollowing such two years . C it izens in order to register must have been residents o f the state o ne year, o f the county ninety days , and o f the precinctthirty days prior to any election at which they seek to vote , and if naturalized must have been so natural ized n inety days before any such elec tion .

No native of China, i diot, in sane person or person convicted o f infamouscrime or embe zzlement , o r m isap p rOp r iation of publ ic money

, or wh o cannotread the constitution in the Engli sh language , or write his or her name canvote or register . The educational requirement does not apply to one who isprevented by physical di sabi l ity , or wh o was 60 years o f age , or who hadthe right to vote on November 6 , 1894 . A person registered in one countymust procure the cancellation of such before he registers in another county .

False registration i s a felony, if intentional . Registration is open at theoffi ce o f the county clerk o r regi strar of voters , during office hours , everyday of th e year, except Sundays and holidays . Out si de and precinct regi stration i s provided for. The form of affidavit o f regi stration i s found insections 1196-1197 o f the pol itical code . Age need not be specified

,but it

must be stated that the person is over 2 1 years o f age . Sex must be given ,

WE I NV IT E NEW ACCO U NTSU pon O u r Merits Fo r

ST RENGTH AND SAFETY .

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42 CALIFORNI A LAWS MADE PLAIN

Administration of the estate of a person dying intestate must be grantedto persons hereinafter mentioned , the relatives of the deceased being entitledto adm inister only when they are entitled to succeed to hi s personal estate ,or some portion thereof , in th e fol lowing order : (1 ) The surviving husbandor wife , or some competent person whom he or she may request to haveappointed ; (2 ) the chi ldren ; (3 ) the father and mother ; (4 ) the brothers ;(5 ) the sisters ; (6) the grandchildren ; (7 ) the n

'

ext o f kin entitled to sharein the di stribution of the estate ; (8 ) the publ ic administrator ; (9 ) the creditors ; (10) any person legally competent .

If the decedent was a member o f a partnership at the time o f hi s decease the surviving partner must in no case be appointed administrator o f

hi s estate . These provisions,

shall apply to the relatives of the previouslydeceased spouse o f the decedent when entitled to succeed to some portionof the estate under the statute of succession . No person is competent orentitled to serve as admini strator who i s under the age Of majority , DOt abona fide re sident of the state

,convicted o f an . infamous crime , or adjudged

by th e court incompetent to execute the duties of the tru st by reason o f

drunkenness , improvidence , or want o f understanding or i ntegri ty . A married woman may be appointed administratrix . Wh en an unmarri ed womanappointed adm in itratrix marries her station i s not

_thereby extinguished .

In all cases the estate must be appraised , and an inventory and appraisement thereof filed

,and notice to creditors must be given . The law also

makes provis ion for family al lowance,and the setting as ide o f a homestead ,

whether declared during the l ifetime o f the deceased , and carv in g out o f theestate a probate homestead

,in case none is selected by the decedent in h is

or her l ifetime . Where , upon the return of the inventory , it appears that theestate does not exceed in value a summary procedure i s provided .

Deposits not over $500. (See Banks and Banking) .

FENCES .

PART IT I ON FENC ES— Coterm inus owners are mutually bound equallyto maintain : (1 ) the boundaries and monuments between them ; (2 ) thefences between them , unless one of them chooses to let his land l ie without fenc ing ; in which case , if he afterwards encloses it , he must refundto the other a just proportion o f the value at that time of any d ivis ionfence made by the latter .

OPEN I NG O R DEST ROY I NG FENC ES—Every person who wilfully commits any trespass by wilful ly open ing , tearing down o r otherwise destroying any fence on the enclosed land of another

, or open ing any gate , baror fence o f another , and wilfully leaving it open , without the permiss iono f the owner , o r mal ic iously tearing down , mutilating or destroy ing anys ign , sign board o r other notice forbidd ing shooting on private property , i sgu il ty of a misdemeanor .SP IT E FENC ES—Any fence , o r other stru cture in the nature o f a

fence , unnecessarily exceeding ten feet in height , mal iciously erected or

maintained fo r the purpose o f annoying the owner or occupants o f adjoining property , shall be deemed a private nuisance , and the own er or occu

pan t injured , either in h is comfort o r enjoyment o f his estate , thereby mayenforce against its continuance the remed ies concern ing private nuisances .

LAWFU L FENC ES—A large number o f special laws with regard to

what constitute l awful fences in the various counties , too numerous to setforth in th is book , were continued in force under the provis ions of section1 9 o f the Pol it ical Code , in 1872 , and they , together with al l s imilar speciallaws passed before the adoption of the new constitution in 1879 , were no t

affected by the provis ion against spec ial l egislation contained in that constitution . A fence which is good , strong , subs tantial , and bu il t of stone ,

WE R EC E I V EDEPOS I TS

S U BJECT TO C H EC K .

CALIFORNIA LAWS MADE PLA IN 43

form ing a perfect enclosure,and suffic ient to turn stock , i s a lawful fence ,

with in the mean ing of any of these statutes , although it i s no t specifical lydescribed therein .

FINDER OF PROPERTY .

DUTY OF F I NDE R—One who finds a th ing lost is not bound to takecharge Of i t , bu t if he does so he is thenceforward a depos itary for theown er, with the rights and Obl igations of a depositary for h ire . If thefinder of a th ing other than a domestic an imal takes possess ion thereof ,or if a person saves any such an imal from drown ing or starvation , hemust, within a reasonable time , inform the owner thereof , if known , andmake restitution to him , upon demand , without compensation , except areasonabl e charge for saving and caring therefor ; if the owner i s not

known to such finder , or saver , he must, with in five days , f il e an affidav itwith a justice of the peace of the county

,whose Office is nearest to

the place o f such find ing or saving,particularly describing the property ,

and the time , place and circumstances under which i t was found , or saved .

Such justice must then summon three d is interested persons to appraise theproperty . They , or a majority of them , must make two l is ts o f the valua

tion and descrip tion Of the property , by them verified , and del iver one o f

such l ists to the justice of the peace , to be kept by him on f ile in h isoffice, and the other l is t must be del ivered to such finder or saver , wh omust , with in five days thereafter , cause it to be f iled for record in theOffice Of the coun ty recorder of the county , who must record i t in a bookknown as the “

Es tray and Lost Property Book .

$ The finder of a th ingmay , in good faith , before giving it up , requ ire reasonable proof of ownership‘ from one claiming it . The finder o f a th ing is entitl ed to compensationfo r all expenses necessarily incurred by him in its preservation

,and fo r

any other service necessarily performed by him about it,and to a reasonab le

reward for keeping i t . The finder of a th ing may exonerate h imself froml iab il ity at any time by placing i t on storage with any respons ible personof good character , at reasonable expense . The finder o f a th ing may sel lit , i f i t be a th ing wh ich is commonly a subje ct Of sale , when the ownercannot , with reasonabl e d il igence , be found , or , being found , refuses , upondemand , to pay the lawful charges of the finder , when the th ing is indanger of perish ing o r o f l os ing the greater part of i ts value

, o r when thelawful charges of the finder amount to two-thirds o f i ts value . A sale

,

under the provis ions of the last section , must be made in the same manneras the sale o f a thing pledged . If no owner appears with in s ix monthsafter such find ing or saving, and offers reasonabl e proof of h is ownersh ip ,and compensates , or in good faith offers to compensate the f inder , or saver ,for the expense necessarily incurred by h im

,then such property vests in

such finder o r saver ; unless i t is of greater value than $20. If o f suchgreater value he must publ ish a copy of such verified l is t for three successive weeks in some newspaper of general c irculation

,publ ished in the

county , and if the owner does not , with in one year after the completionof such publ ication , prove the property , and pay , o r

,in good faith

,Offer

to pay al l charges thereon , the titl e thereto vests in such finder o r saver .If the finder o r saver o f p roperty ,

does no t,comp ly with the above pro

v isions , o r if , though he does so comply , he refuses to surrender the propet ty to an owner who has made reasonabl e proof of ownership

,and paid

,

or , in good faith , offered to pay , all the legal charges thereon , he is l iableto the owner for double the value o f the property

,and the owner may

exonerate h imself from all l iab il ity aris ing out of such property by surrendering , o r Offering to surrender , i t in satisfaction thereof . The aboveprovis ions have no appl ication to th ings which have been intentionallyabandoned by the owner thereof .

PUT YO U R MONEYIN A BANK

AND PAY YO U R O BL I GAT I ONS BY C H ECK.

4 4 CALIFORNI A LAWS MADE PLAIN

FIRES .

Every person who wilfully and mal ic iously burns any property exceeding in value $50. or any structure , snowshed , vessel or boat , not a subjecto f arson , or any tent. or any s tack Of hay or grain or s traw o f any k ind ,o r any pile o f baled hay or straw ,

o r any p ile o f potatoes or beans , y egetables , produce Or fru it Of any kind , whether sacked , boxed . crated or not,

or any growing or s tand ing grain , grass o r tree , o r any fence , railroad car ,lumber , cordwood , rail road ties , telephone o r telegraph poles or s takes , o r

any tule-land or peat-ground , o f the value o f $25 or over , no t the propertyo f such person , i s punishable by imprisonment in the state prison for not

less than one year nor more than ten years .By another statute , most stringent provis ions are enacted agains t set

ting fire to forests , woodland , brush , prairie-grass , gra in , s tubble , or othermaterial being o r growing on lands not one ’s own , without the perm iss ionof the owner of such land , or allowing fires , lawfully set , to escape beyondcontrol , o r bu ild ing any f ire , o r making any use of machinery , under cond itions dangerous to forestry .

FIXTURES ; See Also Landlord and Tenant.

A thing is deemed to be affixed to the land when it is attached to i tby roots , as in cases o f trees , vines or shrubs ; o r imbedded in it, as inthe case of walls ; o r permanently resting upon it , as in the case of buildings ; or permanently attached to what is thu s permanent , as by meansOf cement , plaster , nails , poles o r screws .Slu ice-boxes , flumes , hose , p ipes , ra ilway tracks , cars , blacksmith -shops ,

mills , or other machinery or tool s used in working o r develop ing a m ine , areto be deemed affixed to the min e .

When a person aff ixes his property to the land o f another , without anagreement permitting h im to remove it, the th ing affixed , except as prov ided in the next paragraph , belongs to the owner of the land , unless hechooses to require the former to remove it .

A tenant may remove from demised premises any time during the con

tinuance o f his term , anyth ing affixed thereto , for the purpose o f trade ,manufacture , ornament or domestic use , i f the removal can be effectedwithout injury to the premises unless the thing has , by the manner inwhich it is affixed , become an integral part of the premises .

GAME .

STAT E F I S H AND GAM E COM M I SS I ONS—The fish and game commiss ion shall cons ist o f three persons , appointed by the governor, to servedurin g the governor ’s pleasure .

FI S H AND GAM E D I ST R I CTS—The state has been divided into sevenfish and game d is tricts , consis ting of the following counties :

F irs t District : Sisk iyou , M odoc , Lassen , Shasta , Trin ity , Tehama ;Second D is trict : Del Norte , Humboldt , M endocino , Gl enn , Colusa , Lake ,

Sonoma , Napa , Yolo , Sloano , M arin ;Third D istrict : P lumas , Butte , S ierra , Yuba , Sutter, Nevada , P l acer ,

El Dorado , Sacramento , San Joaquin , Amador , Calaveras , Tuolumne , M ariposa ;

Fourth D is trict : M adera , Tulare ; that part of Stanislaus County eastof the west bank of th e San . Joaquin R iver ; that part Of M erced Countyeast of the west bank of th e San Joaquin R iver ; that part o f Fresno County

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CALIFORNIA LAWS MADE PLAIN 45

east of the west bank o f the San Joaqu in R iver , Fresno Slough , F i shSlough , Summit Lake and Tulare Lake ; that part of Kings County eastof the west bank of Kings R iver between Summit Lake and Tulare Lake ;that part of K ings County eas t o f the west bank of Tulare Lake and eastof the west bank o f Bul l Slough ; that part o f Kern County east o f thewest bank of Bull Slough and the west and south bank o f Buena Vis taLake to the sou theast corner of that lake ; that part of Kern County on

the north s ide o f a l ine from this point to the southeas t corner Of Sec . 8 ,T . 10 N . R . 1 9 W San Bernard ino B . M .,

at a point where the countyroad cuts sa id section corner

,such a point be ing on the north boundary

of th e Rancho Castac ; that part o f Kern County on the north s ide of al ine from this point , following the northern boundary of the Rancho Castacto where th is boundary j oins the westerly boundary o f Fort Tejon Rancho ;that part o f Kern County lying northerly and westerly of the west andnorth boundary Of the Fort Tejon Rancho to where the main l ine o f theS . P . R . R . intersects sa id rancho boundary ; that part o f Kern County on

the east s ide Of the main l ine Of the S . P . R . R . from this point to wherethe said R . R . crosses the south l ine of Kern County ;

F ifth Di s trict : Contra Costa , Alameda , San Franc isco , San M ateo , SantaC lara , Santa Cruz , San Ben ito , M onterey , San Lu i s Obispo , Santa Barbara ,and those parts o f Stanislau s , M erced , Fresno , K ings and Kern Countiesnot included in fish and game d istrict No . 4 .

S ixth Dis trict : V entura , Lo s Angeles , O range , San D iego , Imperial ,R ivers ide , San Bernard ino ;

Seventh Di strict : lnyo , M ono , Al p ine .

CERTA I N T I DEWAT E R L I M ITS—Eel R iver , C ounty concrete bridgebelow Fortuna ; Kl amath R iver , a point on the river north of the res idence of John M cGarvey ; Smith R iver at H iggins Ferry .

ASBTRACT OF L I CENS E LAWS —Hunters ’ l icenses (July 1 to JuneObtain o f county cl erks o r f ish and game commiss ion or deputies .

C itizens , res ident o f Cal ifornia , $1 per year ; citizens , non-res ident Of Cal iformia , $10 per year ; al iens , $25 per y ear .

Game fishing l icenses . (Jan . 1 to Dec . Obtain o f county cl erkso r fish and game commiss ion , or deputies . C i tizens res idents Of Cal ifornia ,over e ighteen years , $1 per year ; c itizens , non-res idents o f Cal ifornia , overeighteen years , $2 per year ; al iens over e ighteen years , $3 p er year. All

persons under e ighteen years exempt . The game fish for which these l icenses are required are tuna , yel lowta il , j ewf ish , black sea bass , albicore ,barracuda

,bonita

,black bass , Cal ifornia wh iting , corb ina surf-fish , yellow

tin , or spot- fin croaker , salmon , s teelhead o r other trout , charr , Whitefish ,s triped and black bass , fo r sport .

M arket fish ing l icenses . (April 1 to M arch Obtain of fishand game commiss ion o r deputies . All market fishermen , $10 per year .Wholesale fish and game dealers ’ l icenses . (July 1 to June O bta in

of fish and game commiss ion . C itizens and al iens with firs t papers , $5per year ; al iens $20.

Game rearing l icenses . (Expire December 31 each year .) Obtain o f

fish and game commiss ion . All persons , $25 per year .F ish rearing l icenses . L icenses val id for 25 years . Obtain Of fish and

game commiss ion . All persons $5.

OPEN AND CLOS ED S EASON AND BAG L I M I TS OF F I S H AND GAM E—The code fo r Open and closed season and bag l imits of fish and gamein the various d istricts would make a book more than hal f the s ize o f

th is one,but the following tabulation wil l be found to give an approximately

correct s tatement o f the whole subject :

TH E BESTBU S I NESS M EN DEPOS I T TH E I R M ONEY

IN A BANK.

CALI FORNI A LAWS MADE PLA IN

m “Mm . ( TC

CATFISH (Fm m (chant )

l . lncludec Ducks BranL Geese m d Mudhena. 2. Afl other sho re birds u e pm tected at afl times.

3. It u unlawful to takefish from m y lake withhl iioo feet of tbe mouth of m y stream ; or in Lake Tahoe w ithEn ZSOO‘eet

of the mouth o f BIackwood or Tao t'

creeks or w ifiiin SOO feet o f tbe mw th d m y otber strem flowing h to u id

lake : or from any stream flowing in to Lake Tahoe two ufl a from ib moutb towu ds iu m ce, between No vemberfirst and August fin t.

WE T RY TO PLEAS E O U R C U STOM E RS

AND CAN PLEAS E YO U .

CALIFORNI A LAWS MADE PLAIN 47

Note . The decis ion of th e dis tr i ct court of appeals for th e secondd istrict In re M ascolo, dec ided July 3 , 1 914 , hold ing the act o f 1913 , amending the game d i str icts

,unconstitutional

,makes the fol lowing changes in

the above :H umboldt and De l Norte Co . z Transferred from Di strict 2 to 1 .

Changing deer season from July 1 -Sep t . 1 to Aug. 15-Nov . 1 .

Dove season from Aug. 1 -O ct . 15 to Jul . 15-O ct . 1 .

B lack bass season from July . l-Ap r . 1 to‘ June 1 -Jan . 1 .

San Joaqu in : Transferred from Di s tr ict 3 to 4 .

Changing deer season from Aug. 15-Nov . 1 to July 1-Sept. 1 .

Dove season from July 15-Oct . 1 to Sept . 1-Nov. 1 .

B lack bass season from May 1 -Jan . 1 to M ay 1-Dec . 1 .

Santa Barbara : Transferred from Dis tr ict 5 to 6 .

Changin g deer season from July 1 Sept. 1 to Aug. 15 Sept . 15 .

Valley and Desert Quail season from Oct. 15 Feb . 15 to O ct . 15 Nov . 15 .

Dove season from Aug. 1 Oct. 15 to Sept . 1 Nov . 1 .

Abalones season same but no black to be taken and trawl or paranzel lanets cannot be used . D iv ing for abalones proh ibited . No t over10 per day of any other species to be taken .

A lp ine-Mono : Transferred from D is trict 7 to 3 .

Changing black bass season from July 1 -Jan . 1 to M ay 1 -Jan . 1 .

The western parts of Stan is laus, M erced , Fresno, Kings and Kern : Transferred from D i s trict 5 to 4 .

Changing doves season from Aug. 1 -Oct. 15 to Sept . 1 -Nov . 1 .

B lack bass season from June 1 -Jan . 1 to M ay l-Dec . 1 .

I nyo : Transferred from D is tr ict 7 f $

Changing deer season from 11 118 . 15-Nov . 1 to Aug. 15-Sept . 1 5 .

V al ley and desert quail from Oct. 15-Feb . 15 to O ct. 15-Nov . 15 .

Dove season from July 15-O ct . 1 to Sept . 1-Nov. 1 .

Trout and white fish from M ay 1 -Nov. 1 to Ap r . 1 -Nov .

UNLAWFUL ACTS—The following acts are always unlawful :To hunt birds and an imals without firs t having procured a hunting

l icense .To take tuna , yellow-tail , j ewfish , black sea bass , abicore,

barracuda,

bon ita , rock bass , Cal ifornia wh iting , corbina , surf-f ish , yel low-fin, or spot

fin croaker, salmon , steelhead or other trout, charr, white-fish , striped andblack bass for sport without firs t having procured a sporting angl ingl icense . (In effect January 1 ,

TO refuse to show any game fish in possess ion upon the demand of anyduly authorized officer .

To make a fal se s tatement on the appl ication blank for an angl ingl icense .

To f ish for profit for any f ish without firs t having procured a spec ialmarket fish ing l icense .

To sel l f ish , wi l d ducks , wild geese or rabb its by wholesale withoutfirs t having procured a l icense .

To buy , sell , Offer for sale , barter or trade any game , excep t hare , rabbits , wil d ducks and wild geese . (Domesticated game may be sold underrestrictions .)

To fail to show any hunting, f ish ing or wholesale dealers ’ l icense upondemand o f any duly au thorized Officer .To take game or f ish from one d istr ict into another when th e season

is not open in both d is tricts .To ship striped bass or trout or game out of the state .To shoot res ident game between one-half hour after sunset and one-half

hour before sunrise , or to shoot migratory game between sunset and sunrise .

To sh ip game or - trout in conceal ed packages or without a tag hearing

A BANK ACCOU NTIS A G R EAT A ID

IN SAV I NG MONEY .

48 CALIFORNIA LAWS MADE PLAIN

the name and address,exact contents Of the package and name and address

of shipper .To take o r k il l or have in po ssess ion does , fawn s , antelope and moun

tain sheep,beaver

, or sea~o tter . To kil l an elk is a felony pun ishable bytwo years ’ imprisonment ; kil l ing a sea-o tter punishable by fin e .

To have in possess ion doe o r fawn skins , or any deer sk ins from whichthe evidence o f sex has been removed .

To use more than one dog to the person in hunting deer .To use any animal other than a dog as a bl ind to approach any wild

duck or water fowl , except geese .To shoot at any duck from a power boat in motion .

To take o r ki l l any wild pheasant, swan , bobwhite quail , imported quail ,partridge or wil d turkey :To net, trap or hol d any protected game o r b ird s o f any k ind or their

nests o r eggs , without hav in g procured written author ity from the fishand game bomm issio n .

To take or kill non game birds , except blue- jay , butcher bird , Engl ishsparrow

,sharp-shinned hawk , Cooper

’s hawk , duck hawk , great horn ed owl,or Cal ifornia l innet .

TO hunt any wild game upon the P innacles and C leveland Game Reservation s,

except predatory an imals , and then only with a written permitfrom the fish and game commiss ion .

To take fish in any way with in 50 feet o f a fishway o r by any meansexcept with b ook and l ine within 300 fee t o f one .

To fish for trout between one hour after sunset and one hour beforesunrise .

To take any black bass or trout other than with book and l ine and inth e manner commonly known as angl ing .

To buy , sel l or offer for sale wild trout under 12 inches in length , o r

to import into the state domestically reared trout under one pound in

weight , or to sel l steelhead trout less than 12 inches in length or one poundin weight.

To sel l Qu innat salmon of l ess than 5 pounds in weight .To fish for salmon , shad or striped bass with nets on Saturday and

Sunday .

TO take salmon , except with book and l ine , with in two m iles of aspawn - tak ing station , o r a state o r U . S . hatchery .

To take salmon , shad , o r s triped bass with any net th e cork l ine of

which is below th e surface o f the water .To take salmon , shad or striped bass with nets less than 6 174 inch , o r

more than 9 1A; inch , mesh . No maximum s ize in Kl amath, M ad , o r Eel

rivers .To take , buy , sell or have in possess ion at any time , s triped bass less

than 3 pounds in weight .(It will be lawful to use a 5 175 in ch mess net for taking striped bass

and shad above the V allejo Light until July lst, 1 9 14 ,after which date

nets must be 655 inch mesh . Striped bass may be lawfully taken with afive—inch mesh net in San Francisco and San Pablo bays . )

To take salmon in M ad o r Eel rivers above tidewater, o r in the

Klamath R iver, with any other than a gil l net .To take any fish in Eel R iver with a net above East ’s ferry .

To take any fish in M ad R iver with‘ a net above Carson

’s bridge.

To use nets in Cache slough , Napa and M okelumne rivers , Bol inas bay ,False bay , Lake Tahoe , Lake M erritt. M onterey and Santa Cru z reservations (with exceptions ) and with in three m iles o f Santa Catal ina island

.

To use any paranzella or trawl net in M onterey bay o r in d is trict NO . 6 .

To use 2 or 3-mesh trammel nets , except in M onterey bay and in thePac if ic Ocean , outs ide of the one-mile l imit .

BANK DRAFTSARE BETT E R AND C H EAPE R THAN EXPR ESS O R

POST OFF I CE MONEY O RDE RS .

https://www.forgottenbooks.com/join

50 CALIFORNIA LAWS MADE PLAIN

fa ther, with the written consen t Of the mother ; or by ei ther parent, ifthe other be dead , o r incapable o f consent ; if th e ch ild be il legitimate , bythe mother. In award ing the custody Of a minor, or in appointing ageneral guard ian , the court o r officer is to be gu ided by the followingcircumstances : By what appears to be for the best interes t of th e ch il din respect to its temporal and its mental and moral welfare ; and if thech ild is o f a suffic ient age to form an intell igent preference , the courtmay consider that preference in determining the question ; as betweenparents adversely claiming the custody or guardianship , neither parent isenti tled to i t as o f right ; but other th ings be ing equal , if the ch il d i sof tender years , it shal l be given to the mother ; if i t is of an age to requ ireeducation , preparation for labor and bus iness , then to the father ; Of twopersons equal ly entitled to the custody in other respects custody is to begiven : to a parent ; (2 ) to one wh o was engaged by the wishes o f

the deceased parent ; (3 ) to one who already stands in the pos ition o f

trustee of a fund to be appl ied to the ch ild ’s support ; (4 ) to a relative .Any parent who knowingly or wilful ly abandons or , having abil i ty

to do so , fail s to maintain h is m inor ch ild , under the age o f 14 years ,forfe its the guardiansh ip of such ch ild , and any parent or guardian whoknowingly permits h is ch ild o r ward to remain for the space of one yearin any orphan asylum of this state where any such ch ild is supported bycharity

,and wh o , during such period , fails to give notice in writing to the

managers or officers of such asylum that he is such parent o r guard ian,

abandons and forever forfeits al l r ight to the guard iansh ip,care

,custody

and control o f such chil d , and the Officers and mangers Of any orphanasylum having any such abandoned ch ild in its care , have the preferredright to the guard ianship of such ch ild . The relationsh ip o f guardian andward is confidential . In the handl ing and d ispos ition o f the person or

property committed to him , a guardian may be regulated and controlledby the court . On the death o f one o f two or more joint guard ians the powercontinues to the surv ivor until a further appointment i s made by th ecourt . After a ward has come to h is majority he may settle accounts withh is guardian and give h im a release , which is val id if obtained fairly andwithout undue influence . A guardian appointed by a court is no t entitledto his d ischarge until one year after the ward ’s majority .

HIGHWAYS .

In all counties of th is s tate publ ic h ighways are roads , streets , alleys ,lanes

,courts , places , trails and bridges laid out or erected as such by the

publ ic , o r , i f la id out or erected by others , ded icated or abandoned to thepubl ic

, or made such in actions for partition of real property . All publ ich ighways , once establ ished , shal l continue to be publ ic h ighways untilabandoned by order of the board Of superv isors o f the county in whichthey are s ituated , or by operation o f law , or by judgment of a court o fcompetent jurisd iction .

W I DTH OF H I G HWAYS—The width o f al l publ ic h ighways,except

bridges,alleys , lanes and trail s , shall be at least 40 feet. The width Of al l

private h ighways and by-roads , except bridges , shall be at least 20 feet ;but these provis ions shall not be construed so as to increase or d iminishthe width Of e ither k ind Of highways already establ ished o r used as such .

VACAT I ON OF H I G HWAYS—A road la id out, worked and used , as p rovided in the statute concerning highways , shall not be vacated o r cease tobe a highway until so ordered by the board Of supervisors o f the countyin wh ich said road may be located ; and no route o f travel used by any one

or more persons over another’s land shal l hereafter become a publ ic road

or byway by use , o r until so declared by the board o f supervisors, or by

dedication by the owner of the land affected .

WE R EGA RD ALL BUS I NESS T RANSACT I ONSAS

ST R I CTLY CONFI DENT IAL.

CALIFORNIA LAWS MADE PLAIN 51 .

PUBL I C ACQU I RES ONLY EAS EMENTS—By taking or accept ing landfor a highway the publ ic acqu ires only the right of way , and the inc identsnecessary to enjoying and maintain ing the same .

WHO MAY APPLY TO ALT E R, D I SCONT INUE O R LAY OUT—Any

ten freeholders wh o will be accommodated by the proposed road , two of

whom must be res idents o f the road distr ict where in any part o f the proposed road is s ituated , and who are taxable there in for road purposes , maypetition , in writing , the board of supervisors , to alter or discontinue anyroad , or to lay out a new road there in ; but when a road is petitioned forupon the d iv id ing l ine between two counties , the same course shal l bepursued as in other cases , except that a copy of the petition shal l be presented to the board of supervisors of each county , who shall appointviewers to act jo intly and report to their respective boards the action ofsuch viewers , but al l such roads shall be at leas t 40 feet wide .B R I DGES—All publ ic bridges , not otherwise spec ial ly prov ided for , are

mainta ined by the road distr ict in which they are s ituated , the d istrictswhich they unite , and the county at large , in the same manner as highways , and under the management and control of the road overseerand the board of supervisors , the expense of constructing, maintainingand repairing the same being primarily payable out of the road fund of thedistrict in the hands of the county treasurer , and from road taxes .REMOVAL OF ENC ROACHM ENTS—If any highway la id out or erected

is encroached upon by fences , bu ild ings or otherwise , the road overseerof the district may orally or in writing requ ire the encroachment to beremoved from the highway . Proper notice to remove encroachments mustin al l cases be given . If the encroachment is not removed , or commencedto be removed , and dil igently prosecuted , prior to the expiration o f tendays from service or posting of notice

,the one who caused

,owns or con

trols the encroachment forfe its $10 for each,

day the same continues unremoved , and action w il l l ie to col lect the fine , and to abate the nu isance .

HIRING ; See Also Landlord and Tenant.

DEF I N IT I ON— H iring is a contract by which one gives to another thetemporary possess ion and use of property , other than money , fo r reward ,and the latter agrees to return the same to the former at a future time .

The products o f a th ing h ired , during the h iring , belong to the h irer . An

agreement to l et upon hire b inds the letter to secure to the h irer the quietpossess ion o f the thing h ired during the term of the h ir ing , agains t al lpersons lawfully claiming the same . The h irer of a th ing must u se ord inary care for its preservation in safety and in good condition , and mustrepair al l deterioration from injuries thereto caused by his want o f ord inarycare . And when the th ing is let fo r a particular purpose , the h irer mustnot use i t for any other purpose and if he does he is l iabl e to the letterfor al l damages resul ting from sa i d use , o r the letter may treat the contractas thereby rescinded .

R EAL PROPE RTY , MAKI NG DW ELL I NG H O U SES FIT—The lessor ofa build ing intended for the occupation o f human beings must , in the ah

sence o f an agreement to the contrary , pu t it into cond ition fit for suchoccupation

,and repair al l subsequent d il ap idations thereof which render

it untenantable , except such as are occas ioned by the want o f ord inarycare of the lessee .

ONE MONTH ’S REPA I RS BY LESS E E—If the l essor negle cts to repaird ilapidations , after reasonable notice to h im , the lessee may repair the samehimself

,where the cost. o f such repair does not requ ire an expend iture

greater than one month ’s rent o f the premises , and deduct the expensesof such repairs from the rent , or the lessee may vacate the premises

,in

which case he shall be d ischarged from further payment o f ren t , or per‘fo rman ce o f other cond itions .

WE LOAN MONEYOn the M ost Favorable Te rm s

Co ns istent W ith Sound Banking.

- 52 CALI FORNIA LAWS JIADE PLAIN

TE RM OF H I R I NG W H EN NO L I M I T F I XED—A hiring o f real propertyother than lodgings and dwell ing houses

,in places where there is no usage

on the subject . i s presumed to be for one year from its commencement ,unless otherwise expressed in the h iring . A h iring o f lodgings or a. dwelling house for an unspecified term is presumed to have been made for suchlength of t ime as the parties adopt for the estimation of th e rent. In the

absence of any agreement respecting the l ength of time , or th e rent , theh iring is presumed to be monthly .

R ENEWAL OF LEAS E BY LESSEES H OLD ING OV E R—If a lessee o f

real property remains in possess ion thereof after the exp irat ion o f the h iring , and the lessor accepts rent from him , the parties are presumed to haverenewed the h iring 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 .R ENT

,W H EN PAYABLE—When -there i s no usage o r contract to the

contrary,rents are payable at the termination of the holding , when it does

not exceed one year .LETT I NG PARTS OF ROOM S FO R B I DDEN—One wh o hir es part of a

room for a dwell ing is entitl ed to the whole of the room , notwithstandingany agreement to the contrary ; and if a landlord lets a room as a dwell ingfor more than one family , the person to whom he firs t lets any part of itis entitled to th e possess ion of the whole room for the term agreed upo n ,and every tenant in the bu ild ing under the same landlord is rel ieved fromall obl igations to pay rent to him whil e such double letting o f any roomcontinues .

HOLIDAYS .

Hol idays are every Sunday , the lst o f January , 12 th o f February to beknown as “

L incoln Day$

, 22nd o f February , 3oth o f May , 4th o f July , 9thof September , firs t M onday in S eptember , 12th of October , to be known asColumbus Day

$

, 25th o f December, every day on wh ich an election is heldthroughout the state , and every day appointed by the Pres ident of th e

Un ited States or by the governor of the state for a publ ic fasting , thanksgiving or hol iday .

If the lst o f January , 12th of February , 22nd of February , 3oth of May,

4th of July , 9th o f September , 1 2th of October , or 25th o f December, fallsupon a Sunday , the following M onday is a hol iday .

Every Saturday from o ’clock noon until o ’clock midnight,as

regards the transaction of bus iness in publ ic offices of th is state , and alsoany pol itical sub-d iv is ion thereof , i s a hol iday , where laws , ord inances o r

charters provide that publ ic offices shal l be closed on hol idays ; provided ,

th is shall not be construed to prevent or inval idate the issuance, fil ing ,service , execution or record ing o f any legal process or

‘

written instrumentwhatever on such Saturday afternoons ; and provided , further , that publ icschool s of th is s tate shall close on Saturday , Sunday , the lst o f January ,the 30th o f M ay , the 4th o f July , the 25th of December, and on every dayappointed by the P res ident o f the United States or the governor o f th isstate for a publ ic fast , thanksgiving o r hol iday . Said publ ic school s shallcontinue in session on al l other legal hol idays , and shal l hold proper exerc ises commemorating the day . Boards of s chool trustees , and city boardsof education , shal l have power to declare a hol iday in the publ ic school sunder their jurisd i ction when good reason ex i s ts therefor .

HOMESTEADS .

The homestead consists o f the dwell ing house,in which the claimant

res ides , and the land on which the same is s ituated . If the claimant bem arried , the homestead may be selected from the commun ity property

, o r

WE G I V E P ROM PT ATT ENT I ONTO

COLLECT I ONS .

C ALI FORNI A LAWS MADE PLAIN 53

the separate property of the husban d , o r , with the consent o f the wife , fromher separate property . When the claimant is not married , but is the headof a family , th e homestead may be selected from any o f his or h er property. The homestead cannot be selected from the separate property of

the wife wi thout her consent , shown by her making, or jo in ing in making ,the declaration o f homestead . The homestead is exempt from executionor forced sal e , except that -it i s stil l l iabl e for judgment , o r other l iens uponit , prior to the time . of its selection . The homestead o f a married personcannot be conveyed o r encumbered unles s the instrument by which it isconveyed , o r encumbered , is executed and acknowledged by both husbandand wife . It can be abandoned only by a declaration of abandonment orgrant thereof , executed and acknowledged by the husband and wife , i f theclaimant is married , or by the claimant , if unmarried . Such homesteadmust be selected and claimed of not exceeding in value , by any heado f a family , or o f not exceed ing in value by any other person . A

judgment cred itor may have the value of the homestead appraised , and ifits value is found to exceed those mentioned , a part of i t above the l imitfixed may be sold , if i t i s subject to d ivis ion , and if it is not subject tod ivis ion , the same may be sold under execut ion , but at such sal e no b idmust be rece ived unles s it exceeds the amount of the homestead exemption , and if the sale is made , the proceeds thereof to the amount o f thehomestead exemption must be paid to the claimant , and the balance appl iedto the satisfaction o f the execution , and any money so paid to the claimantis entitl ed , for the period of s ix months thereafter, to the same protectionagain st legal process , and the voluntary d ispos ition of the husband

,which

th e l aw gives to the homestead .

A homestead must be selected by the husband , or other head o f afamily , o r by the wife , in case the husband has made no such selection , byexecution

,acknowledgement , and fil ing for record a declaration showing :

(1 ) That the person making it is the head of a family , and , i f the claimanti s married , the name of the spouse ; o r, when the declaration i s made by thewife , showing that her husband has not made such declaration , and thatshe therefore makes the declaration for the ir joint benefit ; (2 ) a statementthat the person making it is res id ing on the premises , and claims them as ahomestead ; (3 ) a description o f the premises ; (4 ) an estimate of theiractual cash value . The declaration must be recorded in the office of thecounty recorder o f the county in which th e l and is s ituated , and from andafter the time the declaration is f il ed for record , the premises thereindescribed constitute a homestead .

HUSBAND AND WIFE .

Husban d and wife contract towards each other obl igations o f mutualrespect, fidel ity and support . The husband is the head o f the family . He

may choose any reasonable place or mode of l iving, and the wife mustconform thereto . Neither husband nor wife has any interest in the property of the other , bu t neither can be excluded from the other

’s dwell ing .

E i ther husband or wife may enter into any engagement or transactionwith each other , or with any other person , respecting property whiche ither might if unmarried ; subject , in transactions between themselves , tothe general rules which control the actions o f persons occupying confi

dential relations with each other . A husband and wife cannot,by any

contract with each other, al ter their legal relations , except as to property ,and except that they may agree , in writing , to an immediate separation ,

and may make provis ion for the support of either o f them , and of theirchildren during such separation . The mutual consent of the parties is asufficient consideration for such an agreement . They may hold propertyas joint tenants , tenants in common , or as community property . The wife

WE EXT END TH E ACCOM MODAT I ONSOF

A SOL I D,W ELL EQ U I PPED BANK.

54 CALI FORNIA LAWS MADE PLAIN

may make out, acknowledge , and record , in th e office of th e recorder of

th e coun ty‘

in which the parti es res ide , a ful l and complete inventory of

her separate personal p roperty , and such fil ing is notice and prima fac ieevidence of the titl e o f the wife . The earn ings of the wife are not l iablefor the debts of the husband . The earn ings and accumulations o f th e

wife , and of her minor ch ildren l iving with her , in her custody , while sheis l iving separate from her husband , are the separate property of the wife .

The separate property of the husband is not l iable for debts o f the wifecontracted before the marriage . If the husband neglect to make adequateprovis ion for the support of his wife , except when abandoned by her , anyother person may , in good faith , supply her with the articles necessary forher support , and recover the reasonable value thereof from the husband ,but when abandoned by her, he is not l iable for her support , until she offersto return , nor is he l iable for her support when she is l iving apart fromhim by agreement, un l ess such support i s stipulated in the agreement .The wife must support the husband when he has not deserted her, out ofher separate property, when he has no separate property , and there is nocommun ity property , and he is unable , from infirmity , to support h imself .M arriage settlements , however, may be made between husband and wife ,and must be executed and recorded in the same manner as deeds , and aminor capable of contracting marriage , may make a val id marriage settlement .C U RT ESY AND DOW E R NOT ALLOW ED—No estate is allowed th e

husband as tenant by curtesy , upon the death of h is wif e , nor is any estatein dower alloted to the W i fe upon the death o f her husband .

INTEREST .

Interest i s th e compensation allowed by law , or fixed by parties forthe use or forbearance or detention of money .

LEGAL I NTE R EST—Unless there is an express contract in wri ting ,f ix ing a d ifferent rate

,interest is payabl e on all moneys at the rate of

7% per annum ,after they become due , on any instrument of writin g, except

a judgment,and on moneys lent , o r due on any settlement of account, from

the day on which the balance is ascertained , and on moneys receivedto the use of another, and detained from h im . In the computation ofinterest for a period less than a year , 360 days are deemed to constitutea year .

PART I ES MAY AG R E E ON ANY RATE—Parties may agree in writingfor th e payment of any rate of interest , and it shal l be allowed , accordingto the terms o f the agreement , until the entry of judgment .I NT E REST B ECOM ES PA RT OF PR I NC I PAL WH EN—The parties

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 , i t shallbecome a part of the principal , and thereafter bear the same rate o f

in terest as the principal debt .I NT E R EST ON J U DGM ENT—Interest is payable on judgments recov»

ered in the courts of this state , at the rate of 7% per annum , and nogreater rate

,but such interest must not be compounded in any manner

or form .

JURY AND JURORS .

JU RY DEF I N ED—A jury i s a body of men temporarily selected fromthe c iti zens o f a particul ar d istrict , and invested with power to presentor ind ict a person for a publ ic offense , o r to try a question of fact .

D I FFE R ENT K I NDS OF J U R I E S—Juries are o f three k in d s : GrandI u ry ; Trial Ju ry : Juri es o f Inquest .

MONEYDEPOS I T ED W I TH U S

I S B EYOND TH E R EACH OF H O U S E B R EA K E RS .

CALIFORNIA LAWS MADE PLAIN 55

G RAND JURY DEF I NED—A grand jury is a body o f men , nineteenin number, returned in pursuance o f l aw from the citizens o f the county ,or c ity and county , be fore a court o f competent jurisd iction , and swornto inqu ire o f publ ic offenses committed or triable with in the county , or

c ity and county .

TR IAL JURY DEF I NED—A tr ial jury i s a body o f men returned fromthe c itizens of a particular d istrict before a court o r officer o f competentjurisdiction , and sworn to try and determine , by verd ict, a question of fact .

NUM B E R OF T R IAL JURY—A trial jury shall cons is t of 12 men ; butin c iv il actions , and cases o f misdemeanor

,i t may cons is t o f 12 , o r any

number less than 12 , upon which the parties may agree in open court.

JURY OF I NQU EST DEF I NED—A jury of inquest i s a body o f mensummoned from the citizens of a particular d istrict before a sheriff , coronor ,or other ministerial officer, to inqu ire o f particul ar facts .

WHO COMPET ENT TO ACT AS JURO R—A person is competent to actas juror if he be : (1 ) A c itizen of the Un ited States , o f the age o f 2 1 years ,who shal l have been a res ident o f the state one year, and of the county ,or city and county , 90

.

days before be ing selected and returned ; (2 ) In

possess ion o f h is natural facul ties , and of ord inary intel l igence , and not

decrep it ; (3 ) possessed of suffic ient knowledge of the Engl ish language ;(4 ) assessed on the las t assessment-rol l of the county , o r c ity and county ,on property belonging to h im .

WHO NOT CO MPET ENT TO ACT AS JURO R—A ' person i s not competent to act as j uror : (1 ) who does no t possess the qual ifications abovedescr ibed ; (2 ) who has been convicted o f malfeasance in office , or anyfelony , o r other h igh crime ; or (3 ) wh o has been d is charged as a juror byany court o f record in th is state with in a year , o r wh o has been drawnas a grand juror in any such county , and served as such within a yearand been d is charged '

(4 ) a person wh o i s serving as a grand juror inany court of record in th is s tate is not competent to act -as a trial jurorin any such court , and a person who is serv ing as a trial juror in anycourt o f th is s tate is not competent to act as a grand juror in any suchcourt

WHO MAY BE EXCUS ED—A juror shall not be excused by a courtfor sl ight or trivial cause , or for hardsh ip or inconvenience to h is bus iness ,but only when material injury or destruction of. h is property , or o f property entrusted to h im , i s threatened , or when h is own health , or th e s ickness or death of a member of hi s family requires h is absence .

EXEMPT I ONS FROM J U RY DUTY—An exemption from service on ajury is not a cause o f challenge , but the privilege o f the person exempted .

A person is exempt from l iab il ity to act as a juror if he be :1 . A j udic ial , c ivil o r mil i tary officer o f the United States , or o f th is

state ;2 . A person hold in g a county , c ity and county, city, town or township

office ;3 . An attorney at law , or th e clerk , secretary or stenographer of an

attorney at law ;4 . A minister o f the gospel , or pries t of any denomination followin g

h is profess ion ;5 . A teacher in a univers ity , coll ege , academy or school ;6 . A practic ing phys ic ian or druggist actual ly engaged in the bus iness

o f d ispens ing med icines ;7 . An offi cer , keeper o r attendant of an almshouse

,hospital , asylum ,

or other charitable institution ;8 . Engaged in the performance of duty as an officer or attendant of

th e state prison or of a county jail ;9 . Employed on board o f a vessel navigating in th e waters o f this

state ;

WE ACCO RD CA R EFUL CONS I DERAT I ONTO

SMALL O R LARG E DEPOS ITO RS .

CALI FORNIA LA IVS MADE PLA IN

10. An express agent , mail -carrier , o r a superintendent employee oroperator o f a telegraph o r tel ephone company , doing a general telegraphor telephone bus iness in th is s tate , or keeper o f a publ ic ferry or tol l-gate ;

1 1 . An active member o f the National Guard o f Cal ifornia , o r anactive member o f a paid fire department o f any city and county , city ,town or village in this s tate , or an exempt member o f a duly authorizedfire department ;

12 . A superintendent , engineer , brakeman , motorman or conductor ona railroad ; or

13 . A person drawn as a juror in any court o f record in this s tateupon a regular p anel , who has served as such with in a year , o r a persondrawn or summoned as a juror in any such court wh o has been dischargedas a juror within a year , as here inafter provided ; provided , however , thatin counties having les s than population the exemption provided bythis sub-d ivis ion shall not apply .

LABOR LAWS ; See Also Mechanics’

and Materialmen’

s Liens,and Workmen

’

s Compensation, Insurance and Safety Act.

EM PLOYM ENT DEF INED—The contract of employment is a contractby which one wh o i s cal l ed the Employer engages another

, wh o is cal ledthe Employee , to do someth ing for the benefit of the Employer, or o f ath ird person .

T E RM I NAT I ON AT W I LL—An employment having no specified termmay be terminated at the wil l of e ither party , on notice to the other , exceptwhere otherwise provided by the

,

statute .

TERM I NAT I ON BY EMPLOYER FOR FAU LT—An employment,even

for a specified term , may be terminated at any time by the employer incase of any wilful breach of duty by the employee , in the course o f

employment , or in case of h is hab itual negl ect o f duty, or continued

incapaci ty to perform it .T E RM I NAT I ON BY EMPLOY E E FOR FAULT—An employment

,even

for a specif ied term , may be terminated by the employee at any time incase of any wilful or permanent breach o f the obl igations o f h is employerto h im as an employee .COMPENSAT I ON—An employee d ismissed by his employer for good

cause i s not entitled to any compensation for services rendered s ince thelast day upon which a payment became due to h im

,under the contract

.

An employee wh o qu its the service o f his employer for good cause isentitled to such proportion o f the compensation which would become duein case o f ful l performance as the services which he has already renderedbear to the serv ices which he was to render as ful l performance

.

WH EN S E RVANT MAY B E D I SCHARGED—A m aster may dischargeany servant, other than an apprentice , whether engaged for a fixed termor not : (1 ) If he is gu il ty of misconduct in the course o f his service

, or

of gross immoral ity , though unconnected with the same ; (2 ) If beingemployed about th e person of the master , or in a confidential pos ition

,

the master d iscovers that he has been gu il ty of misconduct before or

after the commencement of h is service , of such a nature that,i f the

master had known or contemplated it he would not have so employed him.

PAYM ENT OF WAG ES—No person , f irm or corporation shal l i ssuein payment of , or as evidence of , indebtedness of wages due an employee

,

any order, check , memorandum , or other acknowledgment of indebtednessunless the same is negotiabl e , and is payable upon demand

,without dis

count , in cash , at some bank , or other establ ished place of bus iness inthe state , but th is shall not apply to counties , cities and counties

, municipalcorporations , quas i-municipal corporations , or school d istricts .T I M E OF PAYM ENT OF WAG ES—Whenever an employer d ischarges

an employee , the wages earned and unpaid at the time of such d ischarge

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58 CALIFORNIA LAWS. MADE PLAIN

W EEKLY DAY OF R E ST- Every person employed in any occupa tionof labor shal l be entitled to one day ’s res t therefrom in seven , but th isdoes not apply to any case of emergency , but does apply whether the employee i s engaged by the day week , month or year , and whether the work“is performed in the day or n i ght time .

M INE B ELL S I GNALS—Every person , company , corporation or ind ividual operating any mine in the state must provide a spec if ied systemor code of mine bell s ignal s for shafts , incl ines , drifts , cross-cuts , tunnelsand underground workings , and any person or company fail ing to carryout the provisions of the Act shal l be respons ible for al l damages aris ingto , or incurred by, any person working in said mine during the time of suchfailure .H OURS OF LABO R FOR DRUG CLERKS—No person employed shall ,

for more than an average o f ten hours a day , or s ixty hours a week , or s ixconsecutive calendar days , perform th e work of sell ing drugs or othermedec ines, or compound ing phys ic ians ’ prescriptions in any store , establishm ent, or place o f business where , and in which , drugs o r medecines aresold at retail , or phys ic ians

’ prescriptions are compounded , but the an swering of and attendance to emergency call s shall ~not be construed as aviolation of th is provis ion .

M I NI M UM WAGE OF EMPLOYEES ON PU BL I C WO RK—The minimum compensation to be paid for labor upon all work performed under thedirection , control , or by the authority of, any officer of the state , actingin h is official capaci ty , or under the direction , control or by the authorityof . any municipal corporation , or any officer thereof, acting as such , isf ixed at $2 per day, and a stipulation to that effect must be made a parto f all contracts to which th e s tate , o r municipal corporation there in

,is a

party . But th is does not apply to persons employed regularly in any o f

the publ ic institutions of the state , o r any c ity , city and county , or county .

R EPO RT I NG OF OCC UPAT I ONAL D I SEAS ES—Every medical praetitioner attending on , or cal led in to vis it, a patient whom he bel ie vesto be suffering from l eads , phosphorous , arsenic o r mercury

, or their compounds , o r from anthrax , o r from compressed air i l lness contracted as aresul t o f the nature o f the patient’s employment , shall send to th e stateboard of health a notice , s tating the name and full postal address and placeof employment of the patient, and the d isease from which , in his op in ion ,the patient is suffering .

SAN ITAT I ON OF CAMPS—The state board of heal th is given the rightand power to condemn any camp where f ive or more persons are employed ,unles s the bunk houses , tents and other s leep ing places o f such campsshal l be kept clean and free from accumulations of d irt, f il th , garbage or

other deleterious matter, and contains suffic ient a ir space to insure an

adequate supply of fresh air to each person occupying the same .E I G HT-H OUR DAY IN M I NES AND M I LLS—The period of employ

ment for all persons who are employed or engaged in work in undergroundmines in search o f minerals , whether base or precious

, or who are eu

gaged in such underground mines for other purposes , or wh o are employed o r engaged in any other underground workings

,whether for th e

purpose of tunnel ing, making excavations , o r to accompl ish any other purpose or des ign , or wh o are employed in smelters and other ins ti tu tionsfor the reduction or refin ing o f ores or metals, shal l not exceed eighthours with in twenty-four hours , and the hours of employment in such employment o r work shal l be consecutive , exclud ing, however , any intermiss ion of time for lunch or meal s , but in case of emergency , where l ifeo r property is in imminent danger , the period may be longer, dur ing thecontinuance of the ex igency or emergency, and severe penal ties are enactedfor any violation of th e law . (This law has been held constitutional bythe supreme court .)

WE R EC E I V EDEPOS I TS

SUBJECT TO C H ECK.

CALIFORNI A LAWS MADE PLAIN 59

PAYMENT OF WAGES EARNED IN SEASONAL LABO R—Where a

person is h ired with in th is state to perform seasonal labor , andthe wages are to be paid in th is s tate at the termination o f such employment, upon appl ication of e ither the employer or employee the wagesearned in such seasonal labor shall be pa id in the presence o f the com

miss ioner o f the bureau o f l abor statistics , or an examiner appointed byhim , and the commiss ioner shall hear and dec ide al l d isputes aris ing fromwages earned in said seasonal labor , and shall al low or rej ect any deduction made from such wages , but he shall reject al l deductions madefor gambl ing debts incurred by the empl oyee , and for l iquor sold to h imduring such employment .C H I LD LA BO R LAW—No minor under the age of e ighteen years

shal l be employed in laboring in any manufacturing, mechanical o r mer~cantile establ ishment, o r other place o f labor , more than e ight hoursin one day , except when it i s necessary to make repairs to prevent theinterruption o f the ord inary runn ing o f the machinery , o r when a d ifferentapportionment o f the hours of labor is made for the sole purpose o f makinga shorter day ’s wo r k for one day o f th e week , and in no case shal l thehours of l abor exceed forty-e ight hours in a week . No minor under theage of eighteen years shall be employed , or permitted to work , betweenthe hours of o ’clock in the even ing and o ’clock in the morn ing .

No minor under th e age of fifteen years shall be employed in any mercantile ins titution , office , l aundry , manufacturing establ ishment, workshop , place of amusement , resort , hotel , apartm ent house , or in the d istribution or transmiss ion of merchand ise o r messages , unless each minor issuppl ied with a permit from the superintendent of school s , as spec ifiedin the statute .

EM PLOYM ENT OF M I NO RS B ETWEEN F I FTEEN AND S IXT EENYEA RS—No minor wh o i s under s ixteen years o f age shall be employedor permitted to work at any gainful occupation during the hours thatthe publ ic s chool s o f the c ity , town or s chool d istrict in which h is placeo f employment is s ituated , are in sess ion , unless he or she has completedthe prescribed grammar school course , or unless he o r she is a regularattendant for the then current term at a regularly conducted n ightschool ; bu t if the bodily or mental cond ition of said minor is such as torender inadvisabl e attendance at school , or appl ication to study , a certif icate from any l icensed phys ic ian that said minor should not attendschool shal l be suffic ient excuse for such non-attendance . Every person

,

firm or corporation employing m inors under e ighteen years of age inany manufacturing establ ishment shall post , and keep posted , in a con

sp icuous place in every room where such minors are employed , a written or prin ted notice , stating t h e number of hours per day of each dayof the week required o f such m inors . Full provis ion is made for certificates o f age and school ing to be kept on f ile by the employer

,for

the issuance of such certificates , and f il ing of dupl icates thereof, andfor semi-annual reports of the county superintendent of schools in eachcounty , the form of certificate to be issued , and penalties for i ssuanceof fal se certificates . No minor having the permit to work provided bylaw , and the legal s chool ing certificate , and no minor under s ixteen yearsof age who would by l aw be requ ired to attend school shall

,while the

publ ic,school s are in sess ion , be and remain idle and unemployed for a

period longer than two weeks , but must enrol l and attend school , andwith in one week after such minor shal l have ceased to be employed byany employer, such employer shall , in writing , notify the county superintendent of school s of th e cessation of such employment . Ful l provis ion is made for the l iab il ity o f th e employer violating any of the provis ions o f th e Act, and for penalties incurred , and the d ispos ition o f thefines . Exceptions are made in regard to the employment o f minors at

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60 CALIFORNIA LAWS MADE PLAIN

agricultural , horti cultural , o r v i ticu l tura l , or domestic labor durin g the timethe publ ic schools are no t in sess ion , or during Other than schoo l hours ,and special provis ions are made in the case of theatres . The bureau of

l abor statis tics must en force the provi s ions o f the Act. (The chil d laborlaw has been declared to be constitut ional by the supreme court . )

‘

ASS I GNMENT OF WAG ES—No ass ignment Of, o r order for , wageso r salary shal l be val id unless made in writing by the person by whomth e said wages or sa lary are earned , and no ass ignment of , or order for ,wages or salary made by a married person shal l be val id unless the wr i tten consent Of the husband or wife Of the person making such assignment o r order is attached to such ass ignment or order ; and no ass ignment or order for wages or salary of a m inor shal l be va l id unless thewr i tten consent o f a parent o r guardian of such minor is attached to

such order o r ass ignment . NO ass ignment of , o r order for , wages or

salary shall be val id unless at the time o f the making thereof , suchwages or salary have been earned , except for the necess ities o f l ife , and

then only to th e person o r persons furnish ing such necess ities o f l ifed irectly , and then only for the amount needed to furn ish such necess itiesAny power o f attorney to ass ign o r col l ect wages or salary shall be re

vocable at any time by the maker thereof .BLACKL I ST I NG PRO H I B I T ED—Blackl isting of any d is charged em

ployee by any person , f irm o r corporation , or Officer or d irector o f acorporation , o r superintendent , manager o r other agent o f such person

,

firm or corpo ration , i s prohibi ted , and is punishable by a fine not exceed ing and by treble damages to any such employee susta in ingdamage

'

through a vio lation o f the A ct.

E I G HT-HO U R LAW FO R WOMEN— NO female shall be employedin any manufacturing , mechanical or mercantil e establ ishment, l aundry ,hotel , publ ic lodging house , apartment house , hosp ital , place o f amusement or restaurant , or te legraph or telephone estab l i shment , o r Office

, or

by any express or transportation company in the state,more than e ight

hours during any one day , or more than forty -eight hours in one week .

The hours of work may be so arranged as to permit the employment Offemales at any time so th at they shal l not work more than eight hoursduring the twenty-four hours of one day , o r forty-eight hours during anyone week , but the provis ions o f th e law do not apply to

, o r affect,the

harvesting , curing, canning or d ry ing Of any variety'

Of perishable fru itor vegetable , nor to graduate nurses in hosp ital s . (The supreme court h asheld this law to be constitu tiona l . )

FU R N I SH I NG S EATS FOR WOM EN EMPLOY E ES—Every employerin any manufacturing, mechanical or mercanti le establ ishment

,l aund ry

,

hotel or restaurant , o r other es tabl ishment , employing any female , shallprovi de su itabl e seats for all female employees , and shal l permit them touse such seats when they are not engaged in th e active duties of theiremployment.The enforcement o f the provi s ions o f th is and the p reced ing para

gr aphs are under the bureau Of labor statistics .

LANDLORD AND TENANT ; See Also Fixtures and Hiring.

The relation o f landlord and tenant is that wh ich exis ts by virtue o f

a contract for the possess ion o f lands , and the contract itsel f, by whichthis relation is created , is kn own as a lease . All l eases o f land fo r alonger -period than one year must be in writing .

LEAS ES OF FARM LAND—NO l ease or grant of land for agricultu ralor horticultural purposes , fo r a longer period than fifteen years , in whichshall be reserved any rent o r service Of any kind , shall be va l id .

If yo u m ake you r payments by C H EC KYou H ave a Record

WH I C H CANNOT B E D I SPUT ED.

CALIFORNI A LAWS MADE PLAIN 6 1

L-EASES OF C I TY LOTS —NO l ease o r grant of any town o r city lotfor a l onger period than n inety-nin e years , in wh ich shal l be reservedany rent or service Of any kin d , shal l be val id , but th e property of any

mun icipal ity or any minor or incompetent person shal l not be l eased fora longer period than ten years .

MARRIAGE .

M arriage is a personal relation ar is ing out of a civil contrac t towhich the consent of parties capable of mak ing

'

that contract is neces

sary . Consent alone wil l not constitute marriage ; i t must be fol lowedby a solemnization authorized by l aw .

Any unmarried male Of the age Of e ighteen years or upwards , and

any unmarried female o f the age o f f ifteen years or upwards , and not

otherwise d isqual if ied , are capable o f consenting to and consummatingmarriage .

M arriages between parents and ch ildren , ancestors and descendantsof every degree , between brothers and s isters , Of the half, as wel l as thewhole blood , and between uncles and n ieces , or aunts and nephews , areincestuous , and void from the beginn ing , whether the relationsh ip i s legitimate or i l legitimate .

All marriages o f white persons with negroes , M ongol ians or mulattoes

‘

, are il legal and void .

All persons about to be joined in marriage must firs t obtain a l icensetherefor from the county clerk Of the county in which the marriage is tobe celebrated , which l icense must show : (1 ) th e identity of the parties ;(2 ) the ir real and ful l names and places of res idence ; (3 ) their ages ;and (4 ) whether wh ite , M ongol ian , negro or mulatto . NO l icense mustbe -granted when e ither of the parties i s an imbec ile or insane , or who ,at the time Of making the appl ication for sa id l icense , is under the influence Of any intoxicating l iquor or narcotic drug . NO l i cense must beis sued authoriz ing th e marriage of a white person with a negro , mulattoor M ongol ian . If the male is under the age of twenty-one years or th e

female under the age Of eighteen years , and such person has not beenpreviously married , no l icense must be issued by the county clerkunless the consent , in writ ing , of the parents Of the person under age , or

one Of such parents , or Of h is or her guardian , is presented to him , duly verified by such persons o r parent or guardian ; and such consent must be fil edby the clerk , and he must state such facts in the l icense . All personsabout to be joined in marriage mus t Obtain from the county clerk Ofthe county in which the marriage is to be celebrated , in add ition to thel icenses above prov ided for , a certificate o f registry , as provided in section 3076 of the Pol itical Code , which shal l be fil led out in the presenceOf the county clerk issuing the marriage l icense , and shall th en be presented to the person performing the ceremony , and shall be f il ed by himwith the county recorder within three day s after the ceremony. M arriagesmay be solemnized by e ither a justice o f the supreme court, j us tices Ofthe d is trict courts Of appeal , j udge o f the superior court , justice o f thepeace , j udge of any pol ice court , c ity recorder , pries t o r minister of thegospel Of any denomination . NO particular form for the ceremony or

marriage is req u ired , but the parties must declare , in the presence Of theperson solemniz ing the marriage , that they take each other as husbandand wife . The person solemniz ing the marriage must make , s ign andendorse upon , or attach to , the l icens e , a certif icate showing the fact ,time and

.

place of solemnization , and the names and places of res idenceOf one or more witnesses to the ceremony , and he must , at the requesto f , and for e ither party, make a certified copy Of the l icense and certifi

cats , and f ile the original s with the county recorder wi th in thirty days

THE B ESTBU S I N ESS M EN DEPOS I T THEIR

,MONEY

IN A BANK.

62 - I L AWS MADE PLAIN

after the marri age . When unmarried person s , not m inors , have beenl iving together as man and wife , they may , without a l icense , be marriedby any clergyman . A certificate Of such marriage ,

must, by the cle rgyman , be made and del ivered to the parties , and recorded upon the recordsof the church Of which the clergyman is a representative . NO otherrecord need be made .

MECHANICS ’ AND MATERIALMENfs LIENS .

MEC HAN I CS : LI ENS , FOR WHAT G I V EN— A l ien may be had to

secure payment for labor performed,or material s furn ished in o r for

the construction , alteration , addition to , o r repair o f . any bu ilding o r otherstructure ; on any railroad , vessel , wharf , bridge , ditch , flume , well , tunnel , fence , machinery , wagon road , mine o r min ing claim (e ither in th e

development Of sa id mine or‘

mining cla im , or in working thereon by thesubtractive process ) ; for labor done in , with , about or upon any thresh ingmachine , engine , wagon or other appl iances used in thresh ing ; for cutting

,haul ing , rafting o r drawing logs

,bol ts or other lumber ; fo r grad ing

or improving any town lot , or the street or s idewalks in front of o r ad

jo in ing the same ; for the labor or sk il l expended for the improvement o rsafekeep ing of any article o f personal property ; for service on vessels .

WHO MAY HAV E L I EN—Contractors , sub-contractors , materialmen ,and al l persons performing manual labor ; mates and seamen of a sh ip ;laundry proprietors .S U BJECT PROPE RTY—The land upon which any bu il d ing or im

provement is constructed , or so much as may be required for the conven ient use and occupation , i s subject to l ien , if owned by th e personcausing such construction at the commencement Of the work , but onlyto the extent Of his interest ; vessels and their fre ightage ; thresh ing machines , engines , wagons , etc . ; logs and other timber ; personal propertylawfully in the hands Of any mechanic , repairman or caretaker ; l aundrywork .

AMOUNT OF L I EN—In general , for the value of the labor done andmaterial furnished . A contractor ’s l ien secures the amount Of the cla imin the contract, such l ien to operate in favor of al l parties claim ing re

covery. NO l ien , except that o f a contractor, may be d imin ished by anyindebtedness or set-Off in favor Of the owner and against the contractor .CONT RACT I NG— Cont r acts involv ing and exceed ing must be

in writing, and must be fil ed in the Office Of the county recorder . Workmust be done at the instance o f the owner o r o f his agent , which term in

cludes every contractor , sub-contractor , architect , bu ilder , o r any personin charge o f any min ing claim or claims , whether as lessee o r otherwise .

POST I NG NOT I C E OF NON-R ESPONS I B I L I TY—Work wil l be presumed to have been done at the instance o f the owner , unless , with in tendays after h e '

shall have Obtained knowledge o f such construction , alteration or repair , or work , or labor , he shall have given notice that he wil lnot be respons ible fo r the same , by posting a notice in writing to thateffect in some consp icuous place Upon the property , and shal l al so , with inthe same period , fil e for record a verified copy Of said notice in the OfficeOf the county recorder of the county in wh ich said property , o r some partthereof

,is s ituated . Said notice shall contain a description Of the property

affected thereby , suffic ient for identification , with th e name , and the nature of the title o r interest o f the person giving the same , and said copy sorecorded may be verif ied by anyone having a knowledge of the facts on

beh al f o f the owner o r person for whose protection the notice is given .

NOT I C E BY CLA I MANT—Notice may be given at any time by anyclaimant

,other than an original contractor , whereupon it shall be the

W E T RY TO PLEAS E O U R C U STOM E RS

AND CAN PLEAS E YO U .

CALIFORNIA LAWS MADE PLAIN 63

owner ’s duty to withhold from the contractor an amount equal to the claimmade . Personal property held under l ien may be sold after two monthson ten days ’ notice .

F I L I NG—W i th in ten days after the completion of a contract , or with inforty days ’ after cessation from labor on any unfin ished contract , the own ermust fil e a notice setting forth dates and description o f property , workdone , etc or he i s e stopped from making the defense that any al ien wasfiled after the expirat ion Of the time fixed . Every original contarctor has 60days , and other claimants have th irty days after the fil ing Of the abovenoti ce by the owner in wh ich to file l iens . L iens on mining claims andcity lots must be filed with in th irty days after the completion Of thework . All claims and l iens must be filed with in n inety days after thecompletion o f the work for wh ich they are claimed .

L I M ITAT I ON - NO l ien binds any build ing , improvement , or miningclaim for longer than n inety days after f il ing , unless proceedings thereonhave been commenced ; o r if a cred it be given , with in 90 days after suchcred it exp ires , which may , in no case , be longer than one year from thetime the work was completed . Threshers ’ l iens must he proceeded on

wi th in ten days , and lum bermen’

s l iens with in th irty days after the completion Of the labor for which claim is made . L iens on vessel s contin uefor one year .RANK—M echanics ’ l iens are preferred to any l ien , or other incumbrance

attaching subsequently to the commencement o f the work fo r which given :also to any earl ier incumbrance o f which the l ien-holder had no notice ,and which was not recorded at such commencement of work . Such l ienshave among themselves the following rank , and requ ire satisfaction in theorder named : F irs t : L iens Of persons perform ing manual labor ; second ,l iens Of persons furnish ing material ; th ird , l iens Of sub-contractors ; fourth ,l iens of original contractors . Liens on vessel s are prior to al l other claims .

MINES AND MINING.

FEDE RAL STATUT ES—A mining claim located after the tenth dayOf M ay, 1872 , whether located by one or more persons , may equal , but shallnot exceed , 1500 feet in length along the vein o r lode , but no location Ofa mining claim shall be made until the d iscovery Of the ve in or l ode with inthe l imits Of the claim located . NO claim shal l extend more than 300 feeton each s ide Of the middl e o f the vein at the surface

,nor shall any cla im

be l imited by any min ing regulation to less than twenty-f ive feet on each.

s ide of th e middle Of the vein at the surface , except where adverse rightsex i sting on the tenth day o f M ay, 1872 , render such l imitation necessary .

The end l ines o f each claim shal l be paral lel to each other .The miners of each min ing dis trict may make regulations not in con

flict with the laws Of the United States , o r with the laws o f th e state or

territory in wh ich the district is s ituated , governing the location manner Ofrecording , amount Of work necessary to hold possess ion Of a m ining claim ,

subject to the following requirements : The location must be d istinctlymarked on the ground so that its boundaries can be read ily traced . All

records o f mining claims heretofore made shal l contain the name or namesof the locators , the date Of the l ocation , and such a descrip tion Of theclaim o r claims located as wil l identify the claim . On each claim locatedafter the tenth day of M ay, 1872 , and until a patent has been issuedtherefor, not less than $100 worth Of labor shal l be performed , or imp rovem ents made during each year . Where a person o r company has o r

may run a tunnel fo r the purpose Of develop in g a lode o r l odes owned bysaid person or company , the money so expended in said tunnel shall betaken and considered as expended on said lOde or l odes , whether locatedprior to or s ince the passage of the min ing act provid ing therefor ; and

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IN SAV I NG MONEY .

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such person o r company shall not be required to perform work on th e

surface of said lode or lodes in order to hold the same. The work requi redto be done annually on all unpatented mineral cla ims shall commence on

the firs t day o f January succeed ing the date of location of such claim .

C laims usually cal l ed “placers $ includ ing al l forms Of depos it , exceptingveins Of quartz or other rock in place , shall be subject to entry and

patent under l ike circumstances and conditions , and upon s imilar proceedings , as are provided for vein or l ode claims ; but where the lands havebeen previously surveyed by the United States , the entry in its exteri orl imits shal l conform to the legal sub-div is ions of the publ ic lands .The s ign i fication commonly given to placer claims has been extended

and enlarged so as to include almost all forms Of depos it except quart zve ins , or other rock in place . For example , bu il d in g stone , sal t springs ,or deposits o f salt in any form , gran ite quarries , marble and petrol eum , o r

other mineral Oil s . The reference made to“ lands previou sly surveyed $

does not d ispense with the requ irements o f law as to h ow the l inesclaimed shall be marked or evidenced

,and the exterior boundaries of placer

claims should be marked in the manner heretofore stated . It is al so n ecessary to perform the annual assessment work upon placer claims to thesame extent as on quartz claims .

Where o il lands are located , the annual assessment and labor uponsuch claims may be done upon any one Of a group of claims ly ing con

tiguous and owned by the same person or corporation , not exceed in g fiveclaims i n all , but such labor must tend to the development or to determinethe Oil bearing character o f such contiguous claims .

Legal sub-d ivis ions Of 40 acres may be sub-divided into 10-acre tracts ,and two o r more persons , or associations of persons having contiguousclaims o f any s ize , although such claims may be less than ten acres each ,

may ,mak e jo int entry thereof ; but no location of a placer claim made

af ter the n in th day of July , 1870, shall exceed 160 acres for any one

person , o r association Of persons , wh ich location shal l conform to th e

Un ited States surveys ; and no th ing in th is paragraph conta ined shalldefeat or impair any bona fide pre-emption or homestead claim uponagricul tural lands , or authorize the sal e Of the improvements Of any bonafide settl er to any purchaser .

Where placer claims are upon surveyed lands conforming to the legalsub—d ivis ions , no further survey o r pl at shal l be required , and all placermin ing claims located after the tenth day Of M ay, 1 872 , shall conform ,

as near as,

practicable , with the United States system of public landsurveys , and the rectangular sub-divis ions Of said surveys , and no suchlocation shall include more than 20 acres for each in dividual claiman t ; butwhere placer claims cannot be conformed to the legal sub-d ivis ions , surveyand plat shall be made as on unsurveyed lands ; and where , by th e segregation o f mineral land in any legal sub-divis ion , a quantity Of agricul turalland less than forty acres remains , such fractional portion Of agr iculturalland may be entered by any party qual ified by law for homestead or preemption purposes .

CAL I FO RN IA DE B R I S COMM I SS I ON—The federal commiss ion, known

as the Cal iforn ia debris commiss ion , cons ists o f three members appointedby the pres ident of the United States , with the advi ce and consent of th esenate , from Officers of the corp s Of engineers , United States Army , whichmay adopt rules and regulations not incons istent with law ,

to govern i tsdel iberations , and prescribe the method of procedure under th e provis ionso f the act creating it . The jurisd iction o f the commiss ion , in sofar as thesame affects mining carried on by the hydraul ic process , extends to all suchm in ing in the territory drained by the Sacramento and San Joaqu in riversystems in the State o f Cal ifornia . Hydraul ic m ining , as defined in th e actcreating the commiss ion , d irectly or indirectly in juring the navigabil ity o f

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66 CALIFORNIA LAWS MADE PLAIN

in it ial point . Provis ion is also made for s imilar record ing with in nin etydays after giving notice by a co -owner to a del inquent co -owner in thematter Of annual asses sment work

,Of the notice , and th e affidavit Of

service , where the notice is given in writing, and of the affidavit and noticeOf publ ication , with in 180 days after the firs t publ ication thereof , wherethe notice is given by publ ication .

The failure or neglect of any locator Of a mining cla im to perform development work Of the character

,in the manner , and with in the time , requ ired

by the laws Of the United States , shal l d isqual ify such locators fromre l ocating the ground embraced in the original location or the miningclaim or any part thereof under the min ing laws , with in three years afterthe date o f h is original location , and any attempted re-l ocation thereof byany o f the original locators shal l render such location void .

FENC I NG ABANDONED S HAFTS—All abandoned m in ing shafts , p its ,or other abandoned excavations , dangerous to passers-by, o r l ivestock , shallbe securely covered or fenced , and kept so by the owners Of the land , or

persons in charge of the same , on which such shafts , p its or other excavations are located , and a violation o f th is provis ion is made a m isdemeanor ,and a s imilar service shall be performed for all such abandoned miningshafts , p its or other excavations s ituated on unoccup ied publ ic l ands byth e board o f supervisors of the county wherein the same are s ituated , atthe expense Of the county .

M I NER ’S I NCH DEF I NED—A standard miner ’s inch of water shall beequivalent o r equal to cub ic feet Of water per minute measuredthrough any apperture or orifice .

MORTGAGES .

A mortgage is a contract by wh ich spec ific property is hypothecatedfo r the performance Of an act, without the neces s ity o f a change of possess ion . A mortgage may be created upon property held adversely to themortgagor . A mortgage can be created , renewed or extended only bywriting, executed with the formal it ies requ ired in the case o f a grant Ofreal property .

L I EN, WH EN SPEC IAL—The l ien of a mortgage is spec ial unless otherwise expressly agreed , and is independent Of possess ion .

DEED, W H EN A MO RTGAG E O R PLEDG E—Every transfer of an interest in property other than in trust , made only as security for the performance of another act , is to be deemed a mortgage , except when , in thecase of personal property , it i s accompan ied by th e actual change Of pos

sess ion , in which case it is deemed to be a pledge .ON WHAT A L I EN—A mortgage is a l ien upon everyth ing that would

pass by a grant o f the property , but does not b ind the mortgagor personally to perform the act for the performance of wh ich it i s a security ,unles s there is an express covenant to that effect .S U BS EQU ENTLY ACQ U I R ED T I TLE I NU R ES TO M O RTGAG E E—Title

acquired by the mortgagor subsequent to the execution Of the mortgageinsure s to the mortgagee as security for the debt in l ike manner as i facqu ired before the execution .

POWERS OF SALE—A power o f sal e may be conferred by a mortgageupon the mortgagee , or any other person , to be exercised after a breachof the obl igation fo r which the mortgage is a security .

ASS I GNM ENT OF DE BT—The ass ignment o f a debt secured by mortgage carries with it the security , and the ass ignment Of a mortgage maybe recorded in l ike manner as a mortgage .

MO RTGAG E , HOW D I SC HARG ED—A recorded mortgage may be discharged by an entry in the margin of the record thereof

,s igned by the

mortgagee , or his personal representative , or ass ignee , acknowledgin g the

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satisfaction of th e mortgage , in the presence o f the recorder , who mus tcertify the acknowledgment in the form subs tantial ly as follows : “S ignedand acknowledged before me th is day o f in the year

A . D Recorder . A recorded mortgage , if no t thus d ischarged ,must be d ischarged upon the record by the Officer having custody thereo f ,on presentation to h im Of a certificate , s igned by the mortgagee , his personal representatives or ass igns , acknowledged or duly approved and certified , stat ing that the mortgage has been paid , satisf ied o r d ischarged , andsuch satisfaction of mortgage may be recorded with the county recorder .Fore ign executors , adminis trators and guardians may satisfy mortgagesupon the records Of any county in this s tate upon producing and record ing

,

in the Office of the county recorder Of the county in which such mortgageis recorded , a duly certified and authenticated Oopy Of their l etters test

‘

amentary , or of admin istration , or guardiansh ip , and which certificate or

au thentication shall also rec ite that such letters have not been revoked .

W H EN PERSONAL PROPERTY VO I D AS TO TH I RD PE RSON—Amortgage Of personal property

_i s void as against cred itors Of the mortgagor and subsequent purchasers and encumbrancers o f the property ingood fai th , and fo r value , unless : (1 ) It i s accompan ied by the affidavitOf al l the parties thereto that it i s made in good faith , _ and without anydes ign to h inder ; delay or defraud creditors ; and (2 ) It i s acknowledgedor proved , certif ied and recorded in l ike manner as grants Of real property .

MO RTGAGES OF PE RSONAL PROPE RTY,W H E R E RECO RDED—A

mortgage Of personal property must be recorded in the office of the countyrecorder Of the county in which the mortgagor res ides

,if the mortgagor

be a res ident of th is state , and it shal l al so be recorded in the county inwhich the property mortgaged i s situated , or to which it may be removed .

Property in trans it from the possess ion of the mortgagee to th e countyof the res idence of the mortgagor , or to a location for use , i s , during areasonabl e time for such transportation , to be taken as s ituated in thecounty in wh ich the mortgagor res ides , or where i t is intended to be used .

WHAT P E RSONAL P ROPE RTY MAY BE M O RTGAGED—M ortgagesmay be made on all growing crops , including grapes and fru it , and upon anyand al l kinds Of personal property , except the fol lowing : (1 ) Personalproperty not capable of manual del ivery ; (2 ) articles Of wearing-appareland personal adornment ; (3 ) the stock in trade Of a merchant .

MORTGAGED PERSONAL PROP E RTY ; EFFECT OF REMOVAL—Whenpersonal property mortgaged is thereafter removed from the county inwhich it is s ituated , the l ien of the mortgage shall not be affected therebyfor th irty days after such removal , but after the exp iration of such th irtydays the property m ortgaged is exempted from the Operat ion Of the m ortgage , except as between the parties thereto, until. either : (1 ) the mortgagee causes the mortgage to be recorded in the county to which the property has been removed ; or (2 ) the mortagee takes possess ion Of theproperty .

MO RTGAG E ON PERSONAL PROPERTY, HOW FO R ECLOS ED—A

mortgagee Of personal property , when the debt to secure which the mortgage was executed , becomes due , may forecl ose the mortgagor ’s right Ofredemption by a sale o f the property made in the manner and upon thenotice prescribed in the case Of pledges .

FO RECLOS U R E—There can be but one action for the recovery Of anydebt , or the enforcement of any right secured by mortgage upon realproperty , or personal property , which action must be in accordance withthe provi s ions o f the chapter of the code o f c ivil procedure concerningforeclosure .

REDEMPT I ON OF REAL PROPE RTY—The mortgagee Of real property may redeem it from th e purchaser any time with in twelve monthsafter th e sale , by pay ing the amount o f his purchase , with 1% per month

WE LOAN MONEYO n the M o st Favorable Term s

Cons istent W i th Sound Banking.

68 CALI FORNIA LAWS MADE PLAIN

thereon in add ition , up to the t ime o f redemption , together with the amountOf any as ses sment Or taxes wh ich the purchaser may have pa id thereonaf ter purchase , and in terest on such amount .

DEED OF T RUST—A deed o f trust to secure the payment Of moneydi ffers from a mortgage in that there is no foreclosure by decree in court ,as in the case of a mortgage , but the property is d isposed o f un der theconditons o f the trust set forth in the instrument , and there is no rightof redemption from its sal e , as in the case of real property sold underthe foreclosure of a mortgage .

NEGOTIABLE INSTRUMENTS .

DEF I N IT I ON—A negotiable instrument is a written promise or requestfor the payment Of a certain sum o f money to order or bearer, in con

formity with the provis ions o f the c ivil code concern ing such instruments .MUST BE FOR UNCOND IT I ONAL PAYM ENT OF MONEY—A nego

tiabl e instrument must be made payable in money only , and without anycondi tion not certa in of fulfillment, except that it may provide for th e

payment Of attorneys ’ fees and costs o f su it in case sui t be brought thereonto compel payment thereof .

PAY E E—The person to whose order a negotiable instrument is madepayable must be ascertainable at the time the in s trument is made .

DAT E—A negotiable instrument may be with or without date , and withor without des ignation of the time or place Of payment . Any date may beinserted by the maker of a negotiable instrument , whether past, presentor future , and the in s trument is not inval idated by his death o r incapacity ,at the time Of the nominal date .

MAY CONTA I N A PLEDG E—A negotiable instrument may conta in apl edge Of col lateral se curity , with authority to d ispose thereof .

D I FFE R ENT CLASS ES OF NEGOT IABLE I NST RUM ENTS—There ares ix classes o f negotiable instruments , namely : (1 ) B ills Of exchange ;(2 ) promissory notes ; (3 ) bank notes ; (4 ) checks ; (5) bonds ; (6 ) certif i

cates Of depos i t .WH E RE T I M E NOT SPEC I F I ED—A negotiable instrument which does

not specify the time of payment is payable immediately .

PLACE OF PAYM ENT NOT SPEC I F I ED—A negotiable in s trumentwhich does no t specify a place - Of payment is payable at the res idence or

place of business o f th e maker , or wherever he may be found .

INST RUM ENT PAYABLE TO A PE RSON O R H I S O RDE R—Ah instru

ment, otherwise negotiable in form , payable to a person named , or wi ththe words added “

or to h is order $ , or to bearer $ , or words equ ival entthereto, i s , in the former case , payable to the written order Of such person , and in the latter case , payable to bearer .ENDO RS ED NOTE , WH EN NEGOT IABLE—A negotiable instrument

made payable to the order of the maker, or Of a fictitious person , if issuedby the maker for a valuabl e consideration , without endorsement , has thesame effect against h im , and all other persons havin g notice o f the facts ,as if payable to the bearer . A negotiable instrument made payable to theorder o f a person obviously fictitious , is payable to bearer .

PRESUM PT I ON OF CONS I DE RAT I ON—The s ignature of every drawer ,acceptor and endorser of a negotiable instrument is presumed to have beenmade for a valuable cons ideration before the maturity of the instrument.and in the ord inary course of bus iness .ENDO RSEMENT—One who writes h is name upon a negotiable instru

ment , otherwise than as a maker or acceptor, and del ivers it, with his namethereon , to another person , is call ed an endorser , and his act is cal ledendorsement . One wh o agrees to endorse a negotiable instrument is bo un dto write h is s ign ature upon th e back o f the instrument, if there is suf ficient

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CALIFORNIA LAWS MADE PLAIN 69

space thereon for that purpose . An endorsement may be general or special .A general endorsement is one by which no endorsee is named . A spec ialendorsement specif ies the endorsee .G ENE RAL ENDO RS EM ENT , HOW MADE SPEC IAL—A negotiable in

s trument bearing a general endorsement cannot be afterwards special lyendorsed

,but any lawful holder may turn a general endorsement into a

special one by writing above i t a d irection for payment to a particularperson . A special endorsement may , by express words for that purpose ,but not otherwise , be so made as to render the instrument not negotiable .

I M PL I ED WAR RANTY OF ENDO RS E R—Every endorser o f a negotia

ble instrument, un less h is endorsement i s qual ified , warrants to every subsequent holder thereof

,who is not l iabl e thereon to h im : (1 ) that it is in

al l respects what i t purports to be ; (2 ) that he has a good titl e to i t ;(3 ) that the s ignatures of all prior persons are b inding upon them ; (4 )that , if the instrument is d ishonored , the endorser wil l , upon noticethereof

,duly given to him , or without notice , where it is excused by law ,

pay the same , with interest, unless exonerated under special provis ions o f

the statute concerning delays in presentment .ENDO RS E R , WH EN L IABLE TO PAYEE—One who endorses a negotia

ble ins trument before i t is del ivered to the payee , i s l iable to the payeethereon as an endorser .ENDO RS EM ENT W ITH OUT R ECO U RS E—Ah endorser may qual ify his

endorsement with the words “without recourse $ , or equ ivalent words ; andupon such endorsement he i s respons ible only to the same extent as in thecase of a transfer without endorsement ; except as provided in the preceding sentence , an endorsement without recourse has the same effect asany other endorsement .ENDO RS E E PR I VY TO CONT RACT—An endorsee of a negotiable ih

strument has the same rights against every prior party thereto that hewould have bad i f the contract had been made directly between them inthe first instance .EFFECT OF WANT OF CONS I DE RAT I ON—The want of cons idera

tion for the undertaking Of th e maker, acceptor o r endorser Of a negotiable instrument does not exonerate h im from l iabil i ty thereon to anendorsee in good faith for a cons ideration .

ENDO RS E E IN DUE CO U RS E , WHAT—Ah endorsee in due course isone who , in good faith , in the ord inary course o f bus iness , and for value ,before i ts apparent maturity or presumptive d ishonor, and without knowledge of its actual d ishonor, acquires a negotiable instrument , duly endorsedto h im , or endorsed general ly , or payable to bearer . An endorsee of anegotiable instrument in due course acqu ires an absolute titl e thereto , so

that it i s val id in‘

h is hands , notwithstand ing any provis ion o f l aw makingit general ly void or voidable , and notwithstand ing any defect in the titl eof the person from whom he acqu ired it .

I NST R U M ENT LEFT BLANK—One wh o makes himself a party to aninstrument intended to be negotiable , but which is l eft wholly or partly inblank , for the purpose Of fil l ing afterwards , i s l iabl e upon the instrumentto an endorsee thereof in due course in whatever manner, and at whatevertime , i t may be filled , so long as i t remains negotiable in form .

EFFECT OF WANT OF DEMAND ON PR I NC I PAL DE BTO R—It i s notnecessary to make a demand Of payment upon the principal debtor in anegotiable instrument , in order to charge h im .

APPA R ENT MATU R I TY , WH EN—The apparent maturity Of a negotiable instrument, payable at a particular time , i s the day on which by itsterms it becomes due , or when that is a hol iday , the next business day .

APPA R ENT MATU R I TY OF PROM I SSO RY NOT E PAYA BLE ON DE.

MAND—The apparent maturity of a promissory note , payable at s ight o r on

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70 CALI FORNI A LAWS MADE PLAIN

demand is : (1 ) If i t bears interest, one year after its date ; or (2 ) if itdoes no t bear interest , s ix months after its date .

D I S HONO R, W HAT—A negotiable instrument is d ishonored when it is

either not paid o r no t accepted , accord ing to its tenor , on presentment , forth e purpose , o r without presentment , when that is excused .

NOT I C E,BY WH OM G I VEN—Notice Of the d ishonor o f a negotiable

instrument may be given : (1 ) By a holder thereof ; o r (2 ) by any partyto the instrument wh o might be compelled to pay i t to the holder, and whoWOUIG, upon tak ing it up , have a right to re imbursement from the partyto whom the notice is given .

Notice o f d ishonor, when given by the holder of an ins trument , or hisagent, otherwise than by mail , must be given on th f . day o f d ishonor , or

on the next bus in ess day thereafter . Where notic e is given by mail itmust be deposited in the post-Office in t ime for the first mail which closesthe afternoon of the firs t bus in ess day succeed ing the d ishonor , for theplace to which the notice should be sent . A notice of the d ishonor Of anegotiable instrument , if val id in favor

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o f th e party giving it , inures tothe benefit o f all other parties thereto whose right to give th e holder noticehas not then been lost .

FO RM OF NOT I CE OF D I S H ONO R—A notice Of d ishonor may be givenin any form which describes the in strument with reasonable certainty , andsubstantially informs the party receiving i t that the instrument has beend ishonored .

B I LL OF EXCHANG E—A b il l Of exchange is an instrument , negotiablein form , by which one wh o i s call ed the

,

drawer , requests another , cal ledthe drawee , to pay a specified sum o f money . The rights and Obl igationso f the drawer o f a bill of exchange are the same as those Of the firstendorser of any other negotiabl e instrument . An in l and b il l o f exchangeis one drawn and payable within th is state . All others are fore ign .

DAYS OF G RAC E—Days Of grace are not allowed .

PROT E ST—Notice Of the d ishonor of a fore ign bill o f exchange can begiven only by notice o f its protest . Protest mus t be made by a notarypubl ic if , with reasonable d iligence , one can be Obtained ; and if not, thenby any reputable person . in th e presence o f two witnesses . Protest mustbe made by an instrument in writing giving a l iteral copy o f the bill ofexchange , with all that is written thereon , or annex ing th e original ; s ta tin gthe presentment, and the manner in which it was made ; th e presence o r

absence Of the drawee or acceptor, as the case may be ; the refusal toaccept or to pay , o r inabil ity Of the drawee to give a b inding accep tance ;and in case o f refusal , the reason ass ign ed , if any ; and final ly , protestin gaga inst al l the parties to be charged . A protest must be noted on the dayof presentment , or on the next bus iness day ; but it may be written out

at any time thereafter . Notice Of protest must be given in the samemanner as notice Of d ishonor , except that it may be given by the notarywho makes the protest .

PROM I SSO RY NOT E—A promissory note is an instrument , negotiablein form , whereby the s ign or promise s to pay a spec ified sum of money .

An instrument in the form Of a bil l of exchange , but drawn upon andaccepted by the drawer h imself, i s deemed to be a promissory note . If apromissory note , payable on demand or at s ight , without interest , i s not

duly presented for payment with in s ix months from its date , the endorsersthereof are exonerated , unless such presentment is excused .

CH ECK DEF I NED—A check is a b il l Of exchange drawn upon a bankor banker, or a person described as such , upon the face

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th ereof , and payable on demand , without interest .R U LES APPL I CA BLE TO C H ECKS—A check is subject to al l the pro

vis ions Of the code concern ing bill s Of exchange , except that : (1 ) Thedrawer and endorsers are exonerated by delay in presentment only to the

MONEYDEPOSIT ED W ITH U S

I S B EYOND TH E R EAC H OF H O US E B R EAKE RS .

CALIFORNI A LAWS MADE PLAIN 71

extent Of the injury which they suffer thereby ; (2 ) an endorsee , after itsapparent maturity

,but wi thout actual not ice Of its d ishonor , acquires a

title equal to that o f an endorsee before such period .

NOTARIES PUBLIC ; See also Acknowledgments.

NUM BER APPO I NTED, AND HOW—The governor may appoint andcommiss ion such number Of notaries publ ic for the several counties , andc ities and counties , o f th is state as he shall deem necessary for the publ icconvenience , except that in counties of th e second class the number shallnot exceed 1 10.

QUAL I F I CAT I ONS AND R ES I DENC E—Every person appointed asnotary publ ic must , at the time Of appointment, be a citizen Of the UnitedStates , and of thi s state , and 2 1 years of age ; must have res ided in thecounty for which the appointment is made for s ix months . Women havingthese qual ifications may be appointed .

G ENERAL DU T I ES OF—It i s the duty o f notaries publ ic :1 . When requested , to demand acceptance and payment Of fore ign ,

domestic and inland bill s of exchange or promissory notes , and protest thesame for non -acceptance and non -payment , and to exerc ise such other powersand duties as by the law Of nations , and accord ing 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 o f attorney , mortgages , deeds , grants , transfers and other instruments of writ ing, executedby any person , and to give a certificate Of such proof or acknowledgmentendorsed on o r attached to the instrument .

3 . To take depos itions and affidavits and administer oaths and affirmations in all matters incident to the duties Of the office , or to be used beforeany court , judge , Officer o r board in this s tate .

4 . TO keep a record of all Offic ial acts done by them .

5 . TO keep a record Of the parties to , date and character o f everyinstrument acknowledged o r proved before them ;

6 . When requested , and upon the payment of their fees therefor, tomake and give a certified copy of any record in their Office ;

7 . To provide and keep offic ial s eals , upon which must be engravedthe arms of th is state , the words Notary Publ ic $ , and the name Of thecounty for wh ich they are issued ;

8 . To authenticate , with the ir Offic ial seal s , all Offic ial acts .EXTENT OF JUR I SD I CT I ON IN TH I S STATE—The proof o r acknowl

edgment Of an instrument may be made in th is s tate with in the city ,county

, o r city and county for which a notary publ ic is appointed andcommiss ioned .

PARTNERSHIP .

DEF I NI T I ON—Partnersh ip is the association of two or more personsfor the purpose o f carry ing on b us iness together , and d iv id ing its profitsbetween them .

FO RMAT I ON OF PARTNE RSH I P—A partnersh ip can be formed onlyby th e consent Of all the parties thereto, and thereafter no new partnercan be admitted into a partnersh ip without the consent Of every ex is t ingmember thereof.

PARTNE RS H I P PROPE RTY , W HAT—The property Of a partnersh ipcons ists Of al l that is contributed to the common stock at th e formationthereof , and all that is subsequently acqu ired thereby .

PARTNE RS ' I NT E R EST IN PA RTNE RS H I P P ROPE RTY—The interest

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72 CALIFORNIA LAWS MADE PLAIN

of each member of a partnership extends to every port ion of i ts prope rty .

PARTNERS ’ SHA R ES IN PROF ITS AND LOSSES—In th e absence Ofany agreement on the subject

, th e shares Of partners in the profit or lossOf the bus iness are equal , and the share Of each in the partnership propertyis the value o f his original contribution , increased or dimin ished by hisshare Of profit or loss .

WH EN D I V I S I ON OF LOSSES I M PL I ED—An agreement to divide theprofits Of a business impl ies an agreement for a corresponding divis ion Ofits losses unless it is otherwise expressly stipulated .

APPLI CAT I ON OF PARTNE RS H I P PROPERTY—Each member of apartne

'sh ip may require its property to be appl ied to the d ischarge o f its

debts , and as a l ien upon the shares Of the other partners for th i s purp ose ,and for the payment Of the general balance , i f any , due to h im .

Property , whether real o r personal , acqu ired with partnersh ip fun ds ,i s presumed to be partnersh ip property .

M UTUAL L IAB I LI TY OF PARTNE RS TO ACCOUNT—Each member Ofa partnership must account to it for everyth ing that he receives on accountthereof , and is entitl ed to reimbursement therefrom for everyth ing whichhe personally expends for the benefit thereof , and to be indemnif ied therebyfor all losses and risks which he necessarily incurs in its behalf .R ENUNC IAT I ON OF FUTUR E PROF I TS EXONE RAT I ON FROM LIA

B ILITY—A partner may exonerate himsel f from all future l iabil ity to ath ird person on account of the partnersh ip by renouncing, in good fai th ,al l partic ipation in its future profits , and giving notice to such th ird person ,and to h is own cO-partners , that he has made such renunciation , and that ,so far as may be in h is power, he dissolves the partnersh ip , and does notintend to be l iable on account thereof for the future . After a partner hasgiven notice Of h is renunciation Of the partnersh ip he cannot claim any o f

its subsequent profits , and h is co -partners may proceed to d issolve the partnersh ip .

CHA RACT E R OF PARTNE RSH I PS—Every partnersh ip that is not

formed in accordance with the law concern ing special or min ing partnersh ips , and every special partnersh ip , so far only as the general partnersare concerned , i s a general partnership .

POW E R OF PA RTNE RS—Unless otherwise expressly stipulated a dec ision Of the majority Of the members Of the general partnersh ip b in ds itin the conduct o f i ts bus iness . Every general partner is agent for thepartnership in the transaction o f its bus ines s , and has authori ty to dowhatever i s ne ce ssary to carry on such business in the ord inary mann er

,and

for th is purpose may bind h is co-partners by an agr eement in writing .

LI AB I LI TY OF PARTNE RS TO TH I RD PE RSONS—Every generalpartner is l iable to th ird persons for all the Obl igations of the partnershipjointly with h is co-partners . Anyone permittin g h imsel f to be representedas a partner , general or special , i s l iable as such to th ird persons to whomsuch representation is communicated , and who , on behal f thereof

,give

credit to the partnersh ip .

DURAT I ON OF PA RTNERSH I P —If no term is prescribed by agreement for its duration , a general partnersh ip continues until d issolved by apartner

, or by Operation of l aw .

TOTAL D I SSOLUT I ON O F PA RTNE RS H I P—A general partnersh ip isd issolved as to al l partners : (1 ) By l apse o f time prescribed by th e agreement for i ts duration ; (2 ) by the express wil l o f any partner , if there is nosuch agreement ; (3 ) by the death of a partner ; (4 ) by the transfer to aperson not a partner Of the interest Of any partner in the partnershipproperty ; (5) by war or the proh ibition Of commercial intercourse betweenthe country in wh ich one partner res ides and that in wh ich another res ides ;or

, (6 ) by a judgment o f d i s solution .

F I CT I T I O U S NAM E,DUT I ES OF TH OSE US I NG—Except in the case

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H OUS E H OLD REM ED I ES MAY BE SOLD, WH EN—Th e pharmacy l awprovides that the fol lowing household remed ies may be sold by generaldealers , groceries , etc when their place o f bus iness is more th an threem il es from the store Of a registered pharmacist : T incture o f arn ica ,spirits Of camphor , almond O il, distil led extract Of witch hazel, paregori c ,syrup of ipecac , syrup o f rhubarb , h ive syrup , sweet sp ir its of nitre , tinctureof iron , epsom salts , Rochell e salts , senna leaves , carbonate Of magnes ia ,seidl itz powders

,quinine

,cathartic p ill s , chamomile flowers , caraway seeds ,

chlorate Of potash , moth balls , plasters , salves , ointments and perox ide -o f

hydrogen , copperas , gum camphor , blue o intment , asafoetida , saffron , aniseseed , sal tpetre .

PO I SON—The sale Of poison is regulated by a separate act whi chrequires that al l packages

‘

contain ing poison , when sold , must have uponthem a distinctive label , and such label must al so give the most availableantidote for the poison in such package . The sale o f poison must berecorded by the pharmacist in a poison book , and the s i gnature Of thepurchaser secured before del ivery of the poison . The sale o f habit-formingand narcotic poisons is prohibited by law , except under very severe restrict ions . Strong carbol ic acid may be sold in original one-poun d packages .Quantities less than one pound may be. sold only wh en

,d iluted .

I T I NE RANT V ENDO RS—The sale Of d rugs and nostrums by itinerantvendors (persons going from house to house , o r sel l ing on publ ic streets )i s regulated by an act commonly called the itinerant vendor law . This actrequ ires that al l itinerant vendors must secure a l icense from the stateboard Of pharmacy , and pay the fee therefor .

PU RE DR UG S—The purity Of drugs is provided for by a law commonlycalled the pure drugs act . This is under the jurisd iction of th e stateboard o f heal th . This law has establ ished certain standards for the puri tyof drugs and chemicals sold in the state .HO U RS OF LABOP FOR DRUG CLERKS—See LaborLaws .

PUBLIC UTILITIES ACT.

CONST I TUT I ONAL P ROV I S I ONS—The publ ic u til ities act , passed inaccordance with the amendments to sections 22 and 23 Of article 12 Of theconstitution (which amendment became effective O ctober 10, becameeffective M arch 2 3 , 1912 . These constitutional amendments provided , ineffec

‘

. that the rail road commiss ion might be given by the legislature ,powers o f regulation and supe rvi sion over commercial

,inte rurban and

street railroads , express corporations , gas corporations , water corporations ,electric corporations , telephone and telegraph corporations , wharf ingersand wareh ousem en

,

~all Of which compan ies were declared by the constitu

tion to be publ ic u til ities when they furnished commoditie s or facil ities ,d irectly o r indirectly , to the publ ic . There was a proviso , however, whichreserved to incorporated cities their powers Of control over publ ic ut il itiesvested at the time the l egislature should pass an act granting powers tothe ra il road commiss ion over publ ic u tilities .TH E ACT I TS ELF—The publ ic util ities act firs t defines each Of these

companies , which are to be regarded as publ ic util i ties , and subject to thejurisd iction of the railroad commiss ion . It then goes on to define th e

powers Of regulation which shal l be vested in the ra ilroad commiss ion , whichpowers may generally be divided into three heads : (1 ) Power to regulaterates ; (2 ) power to regulate serv ices ; (3 ) powers to supervise the issuanceo f stocks , bonds and notes .

As to the first of these powers it is provided that every publ ic utilityshal l f ile with the commiss ion a schedule of the rates in effect on O ctober10, 1911 , and that no increase in these rates can be made without the con

sent Of the commiss ion , which is given extens ive power to investigate and

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CALIFORNIA LAWS IIIADE PLAIN 75

prescribe the rates of all publ ic util ities . As to service , the commiss ion isgiven the right to require that extensions be made , that add itional fac il itie sbe install ed , and that se rvice be in every way adequate to publ ic needs .It is given the power to investigate and prescribe the rules and regulationsunder which services shall be rendered . It i s given jurisd iction to investigate al l accidents occurring in the Operation Of ra il roads o r other publ icutil i tie s , and to requ ire the install ation Of safety appl iances and fac il i tiesnecessary for safe Operation . Further, under the power to grant or denyappl ications by util ities for certificates Of publ ic convenience and necess ity ,to exercise franch ises , or go into new terr itory , the commiss ion control sthe question o f competition between publ ic util it ies .

o Under th e power to regulate the issuance of securities , the act providesthat no publ ic util ity may i ssue any s tocks

,bonds or notes for a term in

excess Of one year without having Obtained the consent Of the commiss ion .

Under these powers the commiss ion may completely control the financesof a publ ic util ity and prevent the issuance o f ordered securities .The act further provides the procedure wh ich is to be fol lowed in the

exercise Of these provis ions . The commiss ion is practically made the equ ivalent of a court . Any party who bel ieves that he is aggrieved may file aformal complaint with the commiss ion . The util ity named as defendantis requ ired to answer , whereupon a hearin g is bad , and the dec is ion Ofthe commiss ion rendered . A proceeding which does not contemplate anadverse party , such as a request by a util ity for authority to is sue certifi

cates , i s made by the fil ing of a formal appl ication , upon which a hearingis bad , and the decis ion o f the commiss ion rendered . The commiss ion isalso given the right to ins titute , on i ts own in itiative , investigation into therates , service o r practice of any publ ic util ity . The commiss ion has powerto establ ish a system o f accounts to be kept by the publ ic util ities , subjectto its jurisd iction , or to class ify sa id publ ic util i ties and to es tabl ish asystem of accounts for each class , and to prescribe the manner in wh ichsuch accounts shall be kept .

In addition to the formal proceedings above named , the commiss ion maycons ider complaints which are presented to i t informally . The act providesthat the commiss ion shal l prescribe rules and procedure upon mattersbefore it , and also that the techn ical rules of evidence shal l not be con

troll ing at commiss ion bearings .

The commiss ion has formulated rules of procedure which include formsfor all k inds o f pl eadings before it . The act further provides that anappeal from the orders Of th e commiss ion may be taken d irec tly to th e

supreme court .Th e Hewitt el ection act , adopted at the

'

extra sess ion o f 1911 , prescribesthe procedure for elections by any municipal ity wh ich des ires to transferits power Of control to the ra ilroad commiss ion . This statute further p rovides a procedure whereby the munic ipal ity if i t so des ires , may laterre invest itsel f with the powers of control thus transferred .

RECALL OF ELECTIV E OFFICERS ; See also Constitutional PrOvisions, Cities and Towns, Counties and Courts.

RECORDING.

Any instrument o r judgment affecting the titl e to or possess ion Of realproperty may be recorded . Judgments affecting the title to or possess ionOf real property authenticated by the certificate Of the clerk Of the court inwhich such judgments were rendered , and notices Of location Of miningclaims , may be recorded without acknowledgments , certificate o f acknowl

edgment, or further proof . Le tters patent from the Un ited States , o r from'

th is s tate , may be recorded without acknowledgment . The private conveyance or grant tran sferring any interest in real property , or being a

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LAWS MADE PLAIN

charge thereon , must be ackn owledged . Where an in s trument is properlyrecorded it i s constructive notice Of the contents thereof to subsequentpurchasers and mortgagees .EFFECT OF P R I O R R ECO RDAT I ON OF CONV EYANCE—Every con

veyance Of real property other than a lease for a term not exceedin g one

year is void a s agains t any subsequent purchaser or mortgagee of the sameproperty

, o r any part thereof , in good faith , and for a valuable cons ideration

,whose conveyance is firs t duly recorded , and as again st any judgment

affecting the titl e,unless such conveyance shall have been duly recorded

prior to the record Of notice Of action . The term “ conveyance $ as hereused embraces every instrument in writing by wh ich an estate , o r in terestin real property

,i s created

,al iened , mortgaged , o r encumbered , or by

which the title to any real property may be affected , except lease .R ECO RD I NG OF C E RT I F I ED COP I ES OF I NST RUM ENTS ALR EADY

R ECO RDED—A certif ied copy Of an instrument affecting the titl e to realproperty once recorded

, o r a certified copy Of the record Of such instru

ment,may be recorded in any other county , and when so recorded , th e

record thereof has the same force and effect as though it was Of th eoriginal instrument, and where such original conveyance has been recordedin any county wherein the property there in mentioned is not s ituated , acertified Oopy Of such recorded conveyance may be recorded in the countywhere such property i s s ituated with the same force and effe ct as if theoriginal conveyance had been recorded in said county .

REDEMPTION ; See Also Mortgages.

R I GHT TO REDE EM ,S U B ROGAT I ON—Every person having an in terest

in property subject to a l ien has a right to redeem it from the l ien at atime after the claim is due , and before h is right to redeem is foreclosed ,and by such redemption becomes subrogated to all the benefits o f the l ienas against al l the owners of other interest in the property ; except insofaras he was bound to make such redemption for their benefit .R EDEMPT I ON FROM L I EN, HOW MADE—Redemption from a l ien is

made by performing, o r offering to perform , the act for the perform anceo f which it is a security , and paying, o r Offering to pay , the damages , ifany , to wh ich th e holder of the l ien is entitled for delay .

WH EN SALES ARE A BSOLUT E,AND WH EN R EDE EMABLE ON

EX EC UT I ON—Cn execution , sales of personal property and of real property ,when the estate there in i s less than a leasehold o f two years ’ unexp iredterm , are absolute . In all other cases the property is subject to redemption .

WHO MAY R EDEEM R EAL PROPE RTY SOLD ON EX ECUT I ONProperty sold subject to redemption , o r any part sold separately , may be redeemed by the fol lowing persons , o r the ir successors in interest : (1 ) Thejudgment debtor , or h is successor in interest in the whole or any part o f theproperty ; (2 ) a cred itor having a l ien by judgment o r mortgage on th e

property sold , o r on some share or part of i t , subsequent to that on whichthe property was sold . The persons last mentioned are termed “

redem p

WH EN R EDEMPT I ON MAY B E MADE—The judgment debtor or re

demptioner may redeem the property from the purchaser any time with intwelve months after the sal e, on pay ing the purchaser the amount of h ispurchase , with 1% per month thereon in addition up to the time of redempt ion , together with the amount o f any assessment or tax wh ich th e purchaser may have paid thereon after purchase , and interest on such amount,and if the purchaser be al so a cred itor, having a prior l ien to that of theredemption thereof, the judgment under wh ich said purchase was made tothe amount o f such l ien , with interest .

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CALI FORNIA LAWS MADE PLAIN 77

RESIDENCE .

RULES FOR DETERM IN ING—Every person has in law a res iden ce .

In determining the place Of res idence the fol lowin g ru les are to be observed :(1 ) It i s the place where one remains when not called elsewhere fo r laboro r other special or temporary purpose , and to which he retu rn s in seasonsOf repose ; (2 ) there can only be one res idence ; (3 ) a res idence cannot beIOSt until another is gained ; (4 ) the res idence Of the father, during hisl ife

,and after h is death , the res idence o f the mother, while she remain s

unmarried , i s the res idence of the unmarried minor child ; (5) the res idenceo f the husband is the res idence Of the wife ; (6) the res idence Of an unmar

ried minor who has a parent l iving cannot be changed by either his ownact or that Of h is guard ian ; (7 ) the res idence can be changed only by theun ion of act and intent .R U LES FOR DETERM I N I NG RES I DENCE UPON CHALLENGE DUR.

ING ELECT I ON—The board o f election , in determin ing the place of res idence of any person , as far as they are appl icable , must be governed bythe rules set forth in section 1239 o f the pol itical code .

REVENUE AND TAXATION .

‘ The Cal ifornia tax system is founded under the provis ions Of articl eXIII of the constitution adopted in 1879 , and s ince amended at intervals .The statutory law carry ing into effect the constitutional provis ions is foundin sections 3600 to 3900 of the pol iti cal code , and the fol lowing legislativeenactments : Chapter 335, Stats . Of chapters 6 and 3 20, statutesof 1913 .

TAXAT I ON FOR LOCAL PURPOSES —The law assumes that al l property shall be assessed at full cash value, by a county assessor elected by

'

the people every four years , which assessment must be completed betweenthe first M onday in M arch and the first M onday in July following . Theproperty must be assessed to the record owner , if h is name appears of

record ; otherwise the assessment is made to unknown owners . The con

stitution provides that real estate and improvements thereon shal l be separately assessed .

It i s further provided that lands must be assessed in tracts not exceeding 640 acres .Cultivated and uncultivated land of the same qual ity and s imilarly s itu

ated must be assessed at the same value . The constitution al so providesthat every taxpayer must send in a statement of h is property to theassessor as Of the first M onday of M arch .

BOARD OF EQUAL I ZAT I ON—Local equal ization of assessments is madeby the county boards o f supervisors s itting as boards Of equal ization . Thestate board o f equal ization has jurisd iction to equal ize as between countiesby ra is ing or l owering the entire assessment rol l . This power, however , i srendered about Obsolete s ince separation o f state revenues from local.

W H EN LI EN OF TAX ES ACC R U ES—Taxes have their l ien againstproperty as of the firs t M onday in M arch , and all property shall be assessedand valued as Of that date .TAX ES , HOW PAYABLE—Taxes are payable in two installments

,or

the entire tax may be paid at the time o f payment o f the first in stallment.The first instal lment is payable the second M onday in O ctober , and delinquent the last M onday in November, when 15% i s added as penal ty ; andif not paid before the last M onday in April fol lowing, add itional penalty of

5 per cent is added . The second instal lment is due in January and delinquent the last M onday in April , when 5 per cent i s added as penalty . Delinquent l i st is publ ished in June , and if tax is not paid , property i s struckoff to the state . The s tate holds property for five years and then takes

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78 CALI FORNIA LAWS MADE PLAIN

deed . By amendment to th e law in 1913 at exp iration Of five year periodproperty is put up at auction and sold to h ighest bidder . This is the firstyear Of the Operation o f the amendment .R EDEMPT I ON—Redemption may be made at any time of property sold

to the state (except property sold at auction under said amendment) bypaying all taxes due

,plus interest and graduated penalties for each year

del inquent. Any property deeded to the state for del inquent taxes is forsale . County

'

tax collector advertises property under authorization andd irection o f s tate controller for three weeks and then sel l s to highes t b idder .

TAXAT I ON FOR STATE PURPOSES—The following subj ects are taxesfor state purposes : Taxes levied , assessed and collected as hereinafter provided upon railroads , including street railways , whether operated in one

or more counties ; sleep ing car , din ing car, drawing-room car and palace carcompan ies

,refrigerator

,oil

,stock

,fru it , and other car-loan ing and other

car compan ies Operating upon railroads in th is state ; compan ies doing express bus iness on any railroad , steamboat, vessel or s tage-l ine in th is s tate ;telegraph compan ies ; telephone compan ies ; companies engaged in the transmiss ion or sale o f gas or electric ity ; insurance compan ies , banks , bankingassociations

,savings and loan societies , and trust companies ; and taxes

upon all franch ises o f every kind and nature , shall be entirely and exclusively for state purposes and shall be levied , assessed and coll ected in themanner hereinafter prov i ded . The word “compan ies $ as used in th is section shall include persons , partnersh ips , j oint-stock associations , compan iesand corporations .The tax i s levied by taking a percentage of the gross receipts of the

so -called publ ic serv ice util it ies . Such percentages are as fol lows : On allrailroad compan ies , including street railways , on al l sl eep ing car ,din ing-car , drawing-room car , palace-car compan ies , refr igerator , Oil , stock ,fru it and other car- loaning , and other car compan ies , on all companiesdoing express bus iness on any railroad , steamboat , vessel o r stage l in e ,on all telegraph and telephone companies , on all compan ies engagedin the transmiss ion or sale of gas or electric ity ,The tax i s a property tax , and the percentage paid rel ieves such util ities

from the payment o f all other taxes and l icenses , s tate, county and municipal , upon all property used exclus ively in the conduct and operation Of suchbus iness .

All banks , both state and national , are taxed 1% of the book value ofthe ir stock , l ess the assessed value of real estate as assessed for countypurposes . Book value means the actual paid-ln cap ital

,plus the surp lu s

and und ivided profits .Insurance companies are taxed o f their gross premiums , less

return premiums and reinsurance .Franch ises Of al l k inds o f corporations , both domestic and foreign

(excepting , o f course , the franch ises o f publ ic service utilities above noted )are to be assessed and taxed at 1% o f actual value for benefit o f the state .STATE BOARD OF EQUALI ZAT I ON—The s tate tax law is enforced by

the state board Of equal ization , which annually prepares the necessaryforms for reports . All reports must be f iled with the board with in ten daysafter the firs t M onday in M arch , with power in the state board to extendtime for th irty days only .

Reports are qu ite extens ive and conta in a h istory Of the operations ofthe company for the preced ing calendar year . For the common o r closedcorporations the law requ ires , among other th ings , the capi tal stock authorized , subscribed and paid in , the market or appraised value thereof ; th ed ividends paid for precedin g five years ; the surplus ; the gross receipts orgross bus iness for calendar year ; the gross operating expenses ; the assessedvalues and actual values Of property .

For the publ ic util ity corpo rations i t is req uired that there be given a

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CALI FORNIA LAWS MADE PLAIN 79

history o f the capital s tock as above noted,with its values ; inventory value

o f physical properties ; a balance sheet showing operations with in andwithout the state ; a segregation o f the intrastate from the interstate busi~ness . Publ ic u til i ties doing an interstate bus iness are taxed upon all bus iness beginn ing and ending with in the state

,and a proportion based upon

the proportion o f mileage with in th is s tate to the entire mileage over whichsuch bus iness is done o f receipts on all bus iness pass ing through , into or

out o f th is state .The reports o f the publ ic u til ities al so contain a ful l l ist of al l phys ical

properties “used exclus ively in the Operation Of the ir bus iness $ on whichthey claim exemption from local taxation . Cop ies of these reports madeto the board are also f iled with the local county and c ity assessors . Thelocal assessors have the right , under the law , to Object to any such Operative property $ and in case the assessors and the company do no t agree ,then the state board final ly determines the matter, with the right of appealto the courts .The law provides a severe penalty upon any company which falls to

send in its report, or for any person sending in a false o r fraudulent report .The tax for state purposes fol lows generally the same course as the

local tax . That is to say , the tax takes the l ien on property as o f the firstM onday in M arch , and all compan ies and property are assessable as Of thatdate .The state board of equal izat ion determines the assessment and tax

between the firs t M onday in M arch and the firs t M onday in July . Theboard s its as a board Of review, correction and equal ization from about themiddle o f June until the f irst M onday in July . On th e f irst M onday inJuly the assessment rol l s are del ivered to the control ler for col lection .

The tax is paid d irect to the state treasurer, and the control ler issuesthe rece ip t . The tax is d iv ided into two installments the firs t o f which ispayable with in s ix weeks after the f irs t M onday i n July , and is thendel inquent . The second instal lment is payable any time before the firs tM onday in February , at wh ich t ime both instal lments become del inquent.The same penal tie s for del inquency are added as Obtains to the countytaxes .

If ful l amount of taxes and penalties is not pa id on or before Saturdaypreceding the firs t M onday in M arch , by operation of l aw and declarationof the governor the charter of a domest ic corporation is forfeited , and theright to do bus iness o f the foreign corporation is forfe ited . The law alsoprovides for su it by the attorney-general in the name Of the controller, torecover the taxes and penalties , and a penalty Of not less than $25, nor

more than $100 for each day a company v iolates the law by continu ing todo business after forfeiture o f its charter , aforesaid . Any such corporationmay revive its charter or revive its r ight to do bus iness upon payment o fal l taxes and penalties due .

The constitution provides that no state taxpayer shall have any s tandingin court

,that is , no injunction o r restrain ing order shal l is sue until the

taxes have been paid in ful l . After payment su it will be against the stateto recover . In case an assessment is jud ic ially declared inval id , there maybe a reassessment , which takes the same procedure as an original assessment.

IN CASE TAXES NOT SUFFI C I ENT FOR STAT E PURPOSES—Theconstitution provides that in case the taxes provided for under this separation law (together with other resources of the state ) shal l be insuffic ientfor the maintenance o f the state government , then and in that event th estate board is empowered to levy an ad valorem defic iency tax to meetsuch defic iency . In such case al l property in the state , includ ing theexempted properties of th e publ ic u tili ties , i s cal l ed upon to bear its properproportion of such defic iency tax.

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80 CALIFORNIA LAWS MADE PLAIN

WH EN EX EMPT PROPE RT I ES OF PUBL I C UT I L I T I ES L IABLEThe constitution also provides that the property of publ ic u til it ies , knownas the exempt properties , should also be l iable for the payment o f interestand redemp tion

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o f al l publ ic bonds—state , county and munic ipal—whichwere outstanding on November 8 , 1910, when separation took place . But

the state ’s taxpayers do not ind ividually pay such bond taxes ; they coverinto the state treasury the ful l amount due as computed by the properpercentages and from this amount the state re imb urses the bonded distr ict .C HANG E OF RATES OF PU BLI C UT I L I T I ES : HOW MADE—The

const itution also provides that the rates or percentages to be paid bythe publ ic u til ities may be changed by the legislature on a vote of twoth irds majority in each house . (The only change made so far was by thelegislature in 1 913 . See Chap . 6 , Stats .R EPOR TS OF CO RPO RAT I ONS ' SEC RETS -All reports made to the

state board of equal ization by the common or closed corporations,upon

which are based the assessments o f franch ises , are absolutely secret, thelaw making it a felony for any member o r employee of the state board

, or

of the controller, to d ivulge any information contained there in . The re

ports of al l publ ic util ities , banks and insurance companies are publ ic .

SALES.

DEF IN I T I ON—A sale is a contract by which , for a pecuniary con

s ideration , called a price , one transfers to another an interest in property .

AG R E EM ENT FOR SALE—An agreement for sale i s either an agreement to sell , an agreement to buy , or a mutual agreement to buy and sel l .An agreement to sel l is a contract by which one engages for a price , totransfer to another the title to a certain thing . An agreement to buy

“

i sa contract by which one engages to accept from another

,and pay a price ,

for the title to a certain th ing . An agreement to buy and sell is a contractby which one engages to transfer the titl e to a certain th ing to another

,

who engages to accept the same from him and to pay'

a price therefor .AG R EEM ENT TO SELL . REAL P ROPE RTY—Ah agreement to sel l real

property b inds the sel ler to execute a conveyance in form suffic ient topass the titl e to the property , and an agreement on the part o f the sellero f real property to give the usual covenants binds h im to insert in thegrant covenants of “ seis in ,

$ “qu ite enjoyment, $“ further assurance

,

$ “general warranty ,

$ and “against encumbrance .$

CONT RACT FOR SALE OF P E RSONAL PROPE RTY—No sal e o f

personal property , o r agreement to buy o r sel l i t for a price of $200 or

more , i s val id ; unless : (1 ) The agreement , or some note or memorandumthereof , be in writing , and subscribed by the party to be charged , o r byhis agent or (2 ) the buyer accepts and receives part of th e th ing sold ,or, when i t consists of a th ing in action , part of the evidences thereof, or

some o f them ; o r (3 ) the buyer , at the t ime o f sale,pays a part of the

price . The above rule does not include an agreement to manufacture ath ing from material s furnished by the manufacturer, or by another person .

CONTRACT F OR SALE OF R EAL PROPERTY—No agreement forthe sale of real property , o r of an interest therein , i s val id unless th esame , or some note or memorandum thereof , be in writing, and subscribedby th e party to be charged , or h is agent thereunto auth orized ' in writing .

But the court may compel the specific performance o f any agreement forthe sale of real property in case o f part o f th e performance thereof

.

WH EN S ELLE R MUST ACT AS DEPOS I TA RY—After p ersonalproperty has been sold , and until the del ivery is completed , the sell er hasthe rights and obl igations of a depositary for h ire , except that he must keepthe property without charge until the buyer has had a reasonable op

portun ity to remove it.

BANK DRAFTSARE B ETT E R AND C H EAP E R THAN EXPR ESS O R

POST OFF I C E MONEY O RDERS .

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82 CALIFORNIA LAWS MADE PLAIN

statute fo r the issu ing o f bonds , and for the permanent improvement o f

main publ ic highways in a county under the immed iate d irection o f acounty highway commiss ion

,cons isting of three members appointed by the

board of supervisors,who

,with the consent o f the board o f supervisors ,

may hire necessary engineers and other assi stants and perform work e itheron a contract o r day ’s labor bas is , and do everyth ing necessary and properin the construction o f such main publ ic highway sys tem .

STATE PUBLIC LANDS .

A ci tizen o f the United States , o r one who has declared h is intentionto become such , a res ident o f th is s tate , o f lawf ul age , i s qual ified topurchase lands belonging to the state .School lands are withdrawn from sale

, bu t must be sold'

at peracre on o r after September

Appl ications to purchase school lands must be accompanied W ith a$5 fil ing fee and $20 depos it . All other appl ications for state lands requ ireonly a $5 fil ing fee .Swamp and overflowed and salt marsh lands are sold at the rate o f

$1 per acre , and if said lands are reclaimed by the purchaser , or $2 peracre i s expended towards reclamation

,said purchaser is entitled to a re

turn o f the money paid fo r said land .

Lake lands are sold at the rate of per acre , and are subject toreclamation under the swamp and overflowed land laws .

No appl ication can be approved before n inety days from date of f il ing ,but i t must be approved at the exp iration o f s ix months , if i t appearsto the supervisor-general , upon examination of the appl icant , that h isstatements contained in the appl ication are true .

Payments for al l state lands are 2 0 per cent o f the princ ipal , o r cash ,within f ifty days o f the date o f approval o f the applicantion to purchase ,and the balance , bearing interest at the rate of 7 per cent per annum , payable in advance on January 1 of each year, except that t imber lands mustbe sold for cash .

Lands su itable for cultivation are only sold to actual settl ers , not to

exceed 320 acres to one person .

Lands unsu itable for cultivation , not to exceed 640, are sold to one

person .

Indemnity certificates o r scrip are sold at publ ic auction for cash inthe surveyor-general ’s office at Sacramento , to the h ighest bidder . (Thesal e of scrip is indefin itely postponed . )The purchaser of state lands , on payment o f 20 per cent o f purchase

price o r the full purchase price , receives a certificate of purchase, whichis prima facie evidence o f titl e , and said certificate o f purchase

,and all

rights acqu ired thereunder , are subject to sal e by deed or ass ignment .Patents for state lands are issued in the name of the original appi i

cant . The patent so issued in sure s to the benefit of the assign ees, grantee s,or successors in interest of said origin al appl icant .Tide lands , which include the shore or any part thereof

,or the bed

or any part thereof , o f the ocean o r o f any navigabl e channel or streamor bay or inlet within the state , between ordinary high and low watermark and all such lands over wh ich the ord inary tide ebbs and flows

,are

withheld from sale .Any fal se statement contained in an affidavit to purchase state land

defeats the right of an appl icant to receive any evidence o f ti tl e thereto .

Appl ications to purchase state lands are subject to contest withinfive years from and after issuance of certif icate o f purchase

,but prior

to the issuance o f the patent .When state lands upon which th e ful l purchase price has not been paid

,

WE R EGARD ALL BU S I NESS T RANSACT I ONSAS

STR I CTLY CONF I DENT IAL.

CALI FORNIA LAWS MADE PLAIN 83

have been sold to the state for del inquent taxes , same can be redeemedunder the provis ions o f section 3788 of the pol itical code , if not included innational reservations .

Land sold by the state for wh ich no patent has been issu ed , shal l beas sessed the same as other land

,but the owner shal l be entitled to a de

duction from such assessed valuation in the amount due the state asprincipal upon the purchase price .School lands in national forests are withhel d from sale .No patent must issue until after the exp iration o f one year from date

of approval o f l ocation by the surveyor-general , nor until the lands arerel inqu ished to the state by authority of the U . S . general l and office atWash ington , D . C .

STATUTE OF LIMITATIONS .

SE I S I N IN F I VE Y EARS,IN RECOVERY OF REAL ESTATE—No

action for the recovery o f real property , o r for the recovery o f the possess ion thereof can be mainta ined unless i t appears that the plaintiff ,his ancestors , predecessors o r grantor was se ized o r possessed o f theproperty in question with in five years before the commencement o f theaction .

PER I ODS OF L I M I TAT I ON P RESC R I B ED IN OTHE R CASES—Theperiods prescribed for the commencement of actions other than fo r

“

therecovery of real property are as fol lows : W ith in five years : (1 ) An actionupon a judgment o r decree of any court of the Un ited States , o r of anystate with in the Un ited States ; (2 ) an action for the mesne profits of

real property .

W ith in four Years : (1 ) An action upon any contract , obl igation or

l iabil ity founded upon an instrument in writing executed with in th is s tate ;(2 ) an action to recover a balance due upon a mutual , open and currentaccount , or upon an open book account .W i th in three years : (1 ) An act ion upon a l iabil ity created by a statute

other than a penalty or forfe iture ; (2 ) an action for trespass upon realproperty ; (3 ) an action for tak ing, detain ing o r injuring any goods or

chattels , includ ing actions fo r the spec if ic recovery of personal property ;(4 ) an action for rel ief on the ground of fraud or mistake . The

'

causeof action in such case not to be deemed to have accrued until the d iscovery by the aggrieved party o f the facts constituting the fraud or mistake .

W ith in two years : (1 ) An action upon a contract, obl igation or l iabil itynot founded upon an instrument of writing , other than to recover a balancedue upon a mutual , open and current account , o r upon an open book ao

count ; o r an action founded upon an instrument of writing executed out o f

the state ; or an action founded upon a contract , obl igation o r l iabil ityevidenced by a certificate o r abstract o r guaranty o f title of real property ,or by a pol icy of title insurance ; provided , that the cause of action Upona contract , obl igation o r l iabil ity evidenced by ‘ a certificate or abs tracto r a guaranty of ti tle of real property , or pol icy of t itle insurance , shallnot be deemed to have accrued until the d iscovery of the loss or damagesuffered by the aggrieved party thereunder ; (2 ) an action against asheriff, cor oner or constable upon a l iabil i ty incurred by the doing of anact in h is offic ial capacity , and in virtue of h is office , o r by the omiss iono f an official duty , includ ing the non -payment o f money collected uponan execution . But th is provis ion shal l not apply to an action for an escape .

W ith in one year : (1 ) An action upon a statute for a penalty or for

feiture when the action is given to an ind ividual o r to an individualand the state , except when the statute impos ing i t prescribes a differentl imitation ; (2 ) an action upon a statu te or upon an undertaking in acriminal action for a forfeiture o r penalty to th e peo ple o f this s tate ; (3 )

W E LOAN MONEYOn th e Most Favo rable Term s

Consistent W ith Sound Bank ing.

84 CALI FORNIA LAWS MADE PLAIN

an action for l ibel,slander

,assaul t , battery , false imprisonment, seduction ,

or for in jury to or fo r the death of one caused by the wrongful act or neg

lect o f another, o r by a depos itor against a bank for the payment of aforged o r raised check ; (4 ) an action against a sheriff or other off icerfor the escape of a prisoner arrested or imprisoned on civil process ; (5 )an action agains t a municipal corporation fo r damages or injuries to

property caused by a m ob or riot .W ith in s ix months : An action against an o fficf ?

‘

o r off icer de facto :(1 ) To recover any goods , wares , merchandise or ~ther property se izedby any state officer in h is offic ial capacity as tax co ‘

lector , o r to recoverthe price o r value of any goods

,wares

,merchandise o r other personal

property so seized or fo r damages for the seizure , f etention , sal e o f, o r

injury to , any goods , wares , merchandise , or other personal property seized ,o r for damages done to any person o r property in making any such seizure ;(2 ) to recover stock sold for a del inquent assessment .

Action on claims against a county wh ich have been rejected by th e

board of supervisors must be commenced within s ix months after the firs trej ection thereof by such board .

An action for rel ief not provided for in above provis ions must be com

m enced with in four years after the cause of action shall have accrued .

In an action brought to recover a balance upon a mutual , open andcurrent account , where there have been reciprocal demands upon theparties , the cause of action is deemed to have accrued from the time of thelast item proved in the account on e ither s ide .The l imitations above prescribed apply to actions brought in the name

o f the state , o r fo r the benefi t of the state, in the same manner as toactions for private parties , except that actions for the recovery of moneydue on account of the presence of patients at the s tate hospital s may becommenced at any time with in three years after the accrual o f the same .

An action to redeem a mortgage of real property with o r without anaccount of rents and profits may be brought by the guarantor , o r thoseclaiming under h im , against the mortgagee in possess ion , or those claimingunder h im , unless he or they have continuously maintained an adversepossesion of the mortgaged premises for f ive years after breach o f somecondition o f the mortgage .

To actions brought to recover money , or other property , depos ited withany bank , banker or trust company , o r savings and loan soc iety

,there is

no l imitation .

WATER RIGHTS .

HOW R I G HTS TO WAT E R MAY B E ACQU I R ED UNDER STATESTATUT E—All water , or the use of water , with in th is s tate is the propertyof the people o f this state , but the right to the use o f running water flowingin a river o r stream , or down a canyon o r ravine may be acqu ired byappropriation in the manner provided by law , but no water for generationo f electric ity or electrical or other power may be appropriated fo r a longerperiod than twenty-five years , excep t by a municipal corporation , other thanan irrigation d istrict , or a l ighting d istrict , o r by an irrigation districtwhen such electr ic ity , electri cal or other power is for use and distribut iononly within its own l imits , and as subs idiary to and mainly for the purposeo f serving and carry ing out irrigation ; or by a l ighting d istrict , when suchele ctricity

,electrical o r other power i s for use and d i stribution only within

its own l imits .USE OF WAT E R FLOW I NG O UT OF TH E STAT E—The entire f low

of water in any natural s tream which carries water from this state intoany other state is subject to use in th is state under the laws o f th is s tate ,and the right may be , so far as not already acqu ired by use in this s tate ,

W E G I V E P ROMPT ATT ENT I ONTO

COLLECT I ONS .

CALIFORNIA LAWS MADE PLAIN 85

acquired and held under the laws o f th is state‘

. The rights to the useof said water held under the laws of th is s tate shall be prior and superiorto any rights to the waters of such streams held under the laws o f anyother state .

APP ROPR IAT I ON M U ST BE FOR A US EFUL PURPOSE—The approp riation must be for some useful or benefic ial purpose , and when the ap

prop riator , or his successor in interest , ceases to use it for such purpose ,th e right ceases .

PO I NT OF DI V E RS I ON—The person entitled to the use may changeth e place o f divers ion , if others are not injured by such change , and mayextend th e ditch , flume , p ipe , o r aqueduct by which the divers ion is madeto a place beyond that where the first use was made .

WAT E R MAY BE TURNED I NTO NATURAL C HANNELS—Thewater appropriated may be turned into the channel o f another stream ,

and mingled with its water, and then reclaimed , but in reclaiming it thewater already appropriated by another must not be d iminished .

F I RST IN T I M E , F I RST IN R I G HT— As between appropriators , thefirst in time is the firs t in right .

NOT I C E OF APPROP R IAT I ON—A person des ir ing to appropriatewater must post a notice in writing in a consp icuous place

,at the place

of the intended d ivers ion , s tating therein : (1 ) That he claims the waterthere in flowing to the extent o f (giving the number) inches , measuredunder a four- inch pres sure ; (2 ) the purpose for which he claims it, andthe place

’

of intended use ; (3 ) the means by which he intends to d ivertit , and the s ize o f the flume , d itch , p ipe or aqueduct in wh ich he intendsto d ivert it . A copy of the notice must, with in ten days after i t i s posted ,be recorded in the office o f the recorder o f the county in wh ich i t isposted . After fil ing such COpy for record , the place of intended d ivers ion

,

or the place o f in tended use , or the means by which i t is intended to d ivert the water , may be changed by the person posting said notice , o r h isass igns , i f others are not injured by such change . This p rovison appl iesto notices al ready filed , as wel l as to notices hereafter filed .

WO RK TO BE DONE IN APPROPR IATI ON OF WAT E RS—W ith ins ixty days after the notice is posted , the claimant must commence theexcavation or construction o f the works in wh ich he intends to d ivert thewater, or the survey , road o r trail bu il ding necessarily incident thereto ,and must prosecute the work d il igently and uninterruptedly to completion , unless temporarily interrupted by - snows o r rain ; but i f the erectionof a dam has been recommended by the Cal ifornia debris commiss ion ator near the place where it is intended to d ivert the water

,the claimant

shall have s ixty days after the completion o f such dam in which to com

mence the excavation or construction of the works in wh ich he intendsto d ivert the water ; provided , that whenever any c ity and county , or

incorporated city or town , with in this s tate , makes , o r has made , or ao

qu ires , or has acquired , any appropriation of any of the waters o f th isstate , in accordance with the provis ions of the state law , i t shall not benecessary for such c ity and county , c ity o r town , to commence the workfor development of more of the water so claimed than is actually mecessary for the immed iate needs o f such c ity and county , c ity o r town

,and

it shall be held to be a suffic ient compl iance with the requ irements of thelaw to the ful l amount o f water stated in the

“

notice posted and recordedfor such c ity and county , c ity o r town , to , with in s ixty days make thenecessary surveys , o r , with in s ix months , to authorize the i ssuance of

municipal bonds for the construction of the necessary work , des igned tosupply said city and county . city or town , with the water required for immediate use . Any appropriation heretofore made by any such c ity andcounty

,c ity or town , in connection with which surveys were at any time

made,or an issue o f bonds authorized , for th e construction of any p o r

WE EXT END TH E ACCOM MODAT I ONSOF

A SOL I D, W ELL EQU I PPED BANK.

86 CALIFORNIA LAWS MADE PLAIN

tion of the works necessary for the d ivers ion of any part o f th e waterappropriated , i s , by the statute, conforming to the ful l amount o f waterstated in the original notice or notices .COM PLET I ON DEF I NED—By “ completion is meant conducting

waters to the place of intended use .DOCT R I NE OF R ELAT I ON APPLI ED—By a compl iance with the

above ru l es , the claimant’s right to the use of water relates back to the

time the notice was posted .

FO RFE I TU R E—A failure to comply with the above ru les depr ives theclaimant o f the right to the use o f the water as against a subsequentcl aimant wh o compl ies therewith .

T I M E W I TH I N WH I C H TO COMM ENCE EXCAVAT I ON ON PUBL I CR ES E RVAT I ON—If th e place of in tended d ivers ion , or an y part o f theroute o f intended conveyance of water so claimed be with in , and a partof any national park , forest reservation , or other publ ic reservation , andbe so shown in the notice of appropriation of said water, then the cla imant shal l have s ixty days after the grant of authority to occupy and usesuch park o r reservation for such intended purpose , with in wh ich to com

mence the excavation or construction o f said works ; provided , that W ith ins ixty days from the posting of said notice of appropriation above mentioned the claimant shall , in good faith , commence (and thereafter deligently and continuously , except when temporarily interrupted by snow or rain )prosecute to completion such surveys and other work as under the regulations govern ing such park o r reservations may be required as prel iminary to

, or for use with , an appl ication for such authority ; and provided ,al so

,that the claimant shall , in good faith , on completion of sa id survey

and prel iminary work , apply to the officer , board or body having chargeof such park or reservation for such authority , and shall thereafter prosecute said appl ication with reasonable d il igence .

(Note—The above i s a d igest o f the provisions of the state law, andnot o f federal law , or the decis ions founded thereon .)

WEIGHTS AND MEASURES .

The weights and measures act o f 1913 created the office of superintendent of we ights and measures . Term of office , four years ; subjectto removal at the pleasure of the governor. He may appoint a deputywith the same powers as h imself . He has the custody of the standardsof weights and measures rece ived from the Un ited States under resolution of congress approved June 14 , 1836 , and o f all new weights andmeasures rece ived as standard from the same source . These shall be thestate standards .SUPE R I NT ENDENT OF W E I G HTS . AND M EASUR ES—The s tate

superintendent of weights and measures may establ ish tolerances for usein th is state s imilar to those es tabl ished by the national bureau o f

standards . He shall inspect and correct the s tandards used by eachcounty , c ity , town , and incorporated city and county o f the state

,and

shall have general supervis ion of the weights and measures and weighingdevices offered for sale , sol d or in use in the state . He o r his deputyshall , at l east once annually , tes t the scales , weights and measures usedin checking the receipt and disbursement of suppl ies in every institutionconducted by the state , and shall report in writing h is find ings to theexecutive officer of the institution concerned , and to the state board of

control . He o r h is deputy shall, at least once in two years , vis it the va

t ious citie s and counties o f the state and inspect the work o f the localsealers of weights and measures , and in so doing, may inspect the weights ,measures , bal an ce s , o r any other weighing or measuring devices o f any

MONEYDEPOS IT ED W ITH U S

I S B EYOND TH E R EAC H OF HOUS E B R EAKE RS .

CALIFORNIA LAWS MADE PLAIN 87

person , f irm o r corporation , with the same powers as sealers o f weightsand measures .

S EALE RS OF WE I G HTS AND M EAS U R ES— The leg islative body ofeach county , c ity and county , city , or town , may appoint a sealer o f

weights and measures , fix h is compensation , and provide for the appointment by him of such number o f deputie s as i t may deem necessary andexpedient . Term , four years . Sealer subject to removal by appointingpower ; deputies subject to removal by sealer . No weight, scale , beam ,

measure of any kind , instrument or mechanical dev ice for weigh ing o r

measurement, nor tools , appl iances or accessories connected with any o r

al l of such instruments o r measures shall be used , kept for use , sold ,offered for sale , or kep t for sale , in any county , city , town or city andcounty, in which there has been a sealer appointed for three months , un

less the same shal l have been sealed and tested . Inspection must be madeat leas t once a year. Complete provis ions are made for the sel l ing o f

certain instruments subject to inspection , for devices which must be assembled before use , for testing upon request of res ident or firm ,

formarking weights and measures “

out of order, together with penaltiesfor possess ing o r us ing fal se weights and measures .

A sealer may , in th e performance o f his duty , without formal warrant ,enter or go into o r upon any s tand , place , bu ild ing o r premises

,or stop

any vendor, peddler, junk dealer , driver of a coal wagon , ice wagon , or

del ivery wagon , o r the driver of any wagon contai ning commodities forsal e or del ivery and , i f necessary , requ ire h im to proceed to some placewh ich the sealer may specify , for the purpose o f making the proper tests .

NET CONTA I NE R ACT—The net container act went into effect April1 , 1914 . The provis ions of the act apply to food stuffs , and stuffs intendedto be used o r prepared for use as food for human be ings , except whensol ely for medical purposes , and whenever such commodities are sol d , o r

exposed for sale , in containers , the net quantity o f the contents of thecontainer shal l be plainly and conspicuously marked , branded or otherwiseind icated on the outs ide o r top thereof , or on a label o r

'

tag attachedthereto , and the des ignation shal l be accord ing to weight, measure , or

numerical count, subj ect to the following provis ions : (a) The designationused shall be such as is most feas ible and su itable to the character of thecommodity, o r , if there is a trade custom the des ignation shal l be inaccordance with the custom ; (b ) if the des i gnation is by weight, i t shallbe in terms o f pounds , ounces , or fractions of e ither , avoirdupois ; (c ) ifthe des ign ation is by l iqu id measure , i t shal l be in terms o f gallons ,quarts , pints , or fractions of any o f said units ; (d ) if the des ignationbe sol id measure , it shal l be in terms of bushels , pecks , o r quarts

, or

fractions o f any o f said units ; (e ) if the des i gnation is by numericalcount

,it shall be in Engl ish words , or Arabic numerals . The words “net

contents,or net weight,

$

o r“net measure ,

$ or “net count , shal l appearwith

,and as a part o f the des ignation o f Quantity . The provis ions of

the act do not apply : (a ) When the sal e is made from bulk , and thequantity is weighed , measured or counted for the immediate purpose o f

such sale ; (b ) to a sale o f any container of an ornamental o r symbol iccharacter with wh ich a quantity of some commodity is sol d as merelyincidental ; (c ) to a sale of a commodity in a quantity that is sol d for lessthan eleven cents , at retail .

WILLS .

WHO MAY MAKE A W I LL -Every person over the age o f eighteenyears

, of sound mind , may , by las t wil l , dispose of all h is es tate , chargeable ,however

,with the payment o f all th e decedent’s debts .

W I LL, O R PART THEREOF, PROCURED BY FRAUD—A will , or

WE ACCO RD CA R EFU L CONS I DE RAT I ONTO

SMALL O R LARGE DEPOS I TO RS .

CALIFORNIA LAWS MADE PLAIN

part thereof, procured to be made by duress , m enace , fraud , or undue ihfluence, may be den ied probate ; and a revocation procured by the samemeans may be declared void .

W I LL OF MAR R I ED WOMAN—A married woman may dispose o f allher separate estate by wil l

,without the consent of her husband and may

al ter or revoke the will in l ike manner as if she were s ingle . Her willmust be executed and proved in l ike manner as other wil l s .COMM UN I TY PROPERTY CANNOT BE DI SPOS ED OF BY H U S

BAND—Every estate and interest in real o r personal property to wh ichheirs , husband , widow ,

o r next of kin , succeed may be d isposed of bywil l , except that the husband cannot d ispose of the wife ’s share of thecommunity property .

W R ITTEN W I LL ; HOW TO B E EX ECUT ED— Every will , other thana nuncupative wil l , must be in writing ; and every will , other than anolograph ic wil l and a nuncupative wil l , must be executed and attested asfollows : (1 ) It must be subscribed at the end thereof by the testatorhimself , or some person in h is presence , and by h is d irection must subscribe h is name th ereto ; (2 ) the subscription must be made in the presenceof the attesting witnesses , or be acknowledged by the testator to themto have been made by him or by h is authority ; (3 ) th e testator must ,at the time of subscrib ing or acknowledging the same , declare to the at

testing witnesses that the instrument is h is will ; and (4 ) there must betwo attesting witnesses , each o f whom must s ign the same as a witnessat the end o f the wil l at the testator ’s request, and in h is presence .OLOG RAPH I C W I LL—An olographic wil l is one that is entirely wri .

ten,dated and s igned by the hand of the testator h imself . I t i s subject

to no other form , and may be made in or out o f th is s tate , and need notbe witnessed . There must not be any printed words or figures whateveras a part o f such wil l .

MUTUAL W I LL—A conjoint or mutual wil l is val id , but it may berevoked by any of the testators in l ike manner with any other wil l

.

G I FTS TO SUBSC R I B I NG W I TNESS ES VO I D—All benefic ial devices .legacies and gifts whatever made or given in any will to a subscribingwitness thereto , are void unless there are two other competent subscrib

ing witnes ses to the same ; but a mere charge on the estate of a testatorfor the payment o f debts does not prevent h is cred itors from being competent witnesses to h is will .

W I LL MADE O UT OF STAT E— No wi l l made out of this s tate is val idas a wil l in th is state unless executed accord ing to the provis ions o f thechapter of the c ivil code concern ing will s . Except that a will made in astate or country in which the testator is domic iled at the time of h isdeath , and val id as a will under the laws o f said state or country , i sval id in th is state so far as the same relates to personal property subjectto the restriction hereafter set forth on bequests and devices for charitableuses .

W I LLS WR I TT EN IN OTH E R STATES —All wil ls duly proved and al

lowed in any other o f the United S tates , or in any fore ign country or

state , may be allowed and recorded in the superior court of any countyin which the testator shal l have l eft any estate , or shall have been ares ident at the time of h is death .

CODI C I L—The execution o f a codic il referring to a previous wil l hasthe effect to re publ ish the wil l as mod if ied by the cod ic il .

NUNC U PAT I V E W I LL—A nuncupative will is not required to be inwriting , no r to be declared or attested with any formal ities . To makea nun cuperative will val id , and to entitle i t to be admitted to probate , thefollowing requis ites must be observed : (1 ) The estate bequeathed mustnot exceed in value the sum o f (2 ) i t must be proved by twowitnesses wh o were present at th e making thereof, one o f whom was

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90 CALIFORNIA LAWS MADE PLA IN

premium cost be in g chargeable in to the cost of doing bus iness and th e

benefit being l imited to an amount which , on the average of human experience, i s found requis ite to enable injured workmen , and those dependent upon them , to tide over the ir periods of advers ity consequent uponinjury until they can become again sel f-sustain in g without , meantime ,becoming obj ects of publ i c or private charity .

ITS ADM IN I STRAT I ON—The act is admin is tered by a commiss ion of

three members appointed by the governor for terms o f two , three and fouryears severally .

Its powers are , in general term s : To determine controvers ies betweenemployers and employees as to the nature and extent o f injuries , durationof d isab il i ty therefrom , the amount of compensation payable , wh o are dependents and the extent of such dependency , appoint referees to hold hearings o r determine spec ific issues o f fact , f ix attorney fees and cost o f

medical and hosp ital treatment ; to organize and maintain a departmento f s tatistics relating to acc idents , 8. s tate compensation insurance fund , adepartment of safety and museums o f safety devices ; to adopt rules ofprocedure , and to regulate and prescribe the nature and extent of proofsand evidence , and to defend its awards when appealed from to courts o f

competent jurisd iction .

JURISDICT ION—The act is compulsory as to al l employers of labor,and to all employees except as to those engaged in casual l abor, not inthe usual course o f the occupation of the employer, and persons engaged infarm , dai ry , agricultural , v iticultural , or horticultural labor , in stock or

poultry raising , or in household domestic serv ice , and el ec tive as to theseexcluded classes o f employees ; but compensation is not payable in anycase unless the injury complained of i s caused by accident aris ing out o f

and happening in the course o f the indus try and while the injured employeewas performing serv ice growing out of, in cidental to , and in the course o f ,the employment , and was not caused by his intoxication or wilful m isconductCOM PENSAT I ON—Compensation i s payable only when the injury t e

sults in d isabil ity , and disabil ities are d ivided into“ temporary $ and per

manent .Compensation for temporary d isabi li t ie s are payable, after a waiting

period o f two weeks , if total , at the rate of 65 per cent of th e averageweekly wage

,while the d isabil i ty continue s total , and , thereafter, 65 per

cent of the weekly loss in wages resulting from such part ial d isabil ityuntil cured .Compensations for permanent d isabil ities are payable at the rate o f 65

per cent o f the average weekly wage for a defin ite number of weeks com

puted with regard to the percentage of impairment of the efficiency of thephys ical machine , having due regard to the adap tab il i ty o f the injuredemployee to h is changed condition as influenced by ages between fif teenand seventy- five years , and with reference to the phys ical requ irements ofinjured members in over 600 d ifferent occupations . The problem is workedout in schedule form so that age , occupation , the nature and ex tent o f theinjury, and the wage being g iven , the percentage o f d isab ility in any caseo r permanent d isabil i ty , and the compensation payable , can be determi nedin accordance with the best establ ished world experience .

If the percentage of impaired o f the phys ical body equals or exceeds70 per cent

.of total the injured person rece ives 65 per cent of h is wages for

240 weeks , and , thereafter, during the remainder of his l ife , one per cent ofsuch weekly earn ings for each one per cent of permanent disabil ity in excess of 60 per cent .Compensation al so includes medical , hosp ital , surgi cal and other treat

ment necessary to cure and rel ieve the injured employee , as far as poss ibl e,from the effects of h is injuries for a period o f 90 days , if requ ired , from

WE R EC E I VEDEPOS ITS

S U BJ ECT TO C H ECK.

CALIFORNIA LAWS MADE PLAIN 91

date of injury , such services to be furn ished according to a schedule o f

min imum prices fixed by the commiss ion .

P ROCEDUR ES—The hearings conducted by the commiss ion are informal . They are not court trials , bu t in qu iries and investigations con

ducted ch iefly by the member o f the commiss ion , or referee , hold ing suchhearings . Anything that wil l throw l ight on the i ssue i s admitte d as ev

idence and inspections are made , and testimony taken , when necessary or

conven ient, without the attendance of the parties , transcrip ts o f suchtestimony so taken being served upon the absent parties before decis ionsare rendered .

REH EAR I NGS—The decis ions of the commiss ion are conclus ive as toquestions of fact, but rehearings are allowed , if j ustice requ ires , if i t canbe shown , that the commiss ion acted in exces s of i ts powers , that theaward was obtained by fraud , that the evidence d id not justify the find ingsof fact

,that new evidence has been d iscovered , that the find ings of

fact do not support the award . No appeal can be taken until such rehearing is bad or den ied . Such rehearing does not amount to a new trial , butonly to a recons ideration o f disputed points .

PROC E ED INGS IN REV I EW—The party aggrieved may appeal to thesupreme court or d istrict courts of appeal to review any dec is ion o f thecommiss ion to cons ider whether or not the commiss ion acted in excess o f

i ts powers , whether th e award was procured by fraud , if the order , dec is ion , rule or reguiation (not award of compensation ) i s unreasonable .whether or not the find ings of fact support the award .

STAT E COM PENSAT I ON I NSURANCE FUND—This is an insurancecompany organ ized by the commiss ioners as a board of directors for th e

purpose o f regulating, by fair competition , the rates and practices of otherinsurance compan ies .

DEPA RTM ENT OF SAFETY—The commiss ion is empowered to o r

gan ize, and has organ ized , a department o f safety , with a trained safetyengineer at its head , and a number of special ist engineers , inspectors andclerks under h im , ch iefly , to co-operate and advise with employers as to howbest to make the ir employments and places o f employment safe , and , whennecessary , to enforce such safety regulations as may be made . The act declares that al l employments and places of employment shal l be made safe ,the word “ safe $ meaning “ such freedom from danger to the l ife or safety of

employees as the nature o f employment wi l l reasonably permit leaving itto a commiss ion or other administrative body , to determine what appl iancesand practices are requis ite to safety , and empowers th e commiss ion , af terhearings , to prescribe and enforce requis ite safety rules and regulations ,subj ect to review by the courts as to the ir reasonableness , and obl igatoryonly insofar as , in case o f the rais ing o f an issue as to the “safety $ of anyplant o r employment , to throw the burden o f proof upon the accused partyto show to the satisfaction of a jury that , notwithstand ing the fact of disobedience to the rule o f regu lation , his employment or place of employment ,is

,with in the mean ing o f the act “safe $ .

DEPARTM ENT OF STAT I ST I CS—The commiss ion has organ ized astatistical department for the purpose of ascertain ing the number o f industrial accidents happening within the state , the nature and extent of the ihjuries sustained

,the character and duration o f the d isabil ity , the cost in

loss of industrial time , the compensations payable (and whether or not theywere paid ) , how and why such acc idents happened , and such other information as may be requ ired .

PUT YO U R MONEYIN A BANK

AND PAY YO U R O BL I GAT I ONS BY C H ECK.

9 2 CALIFORNI A LAWS MADE PLAIN

RULES OF MEASUREMENT .

G RA I N—To find the capacity of a bin or a wagon'

bed : Mu l tiply thenumber o f cubic feet by .8 . For greater accuracy , add 1

75 o f a bushel forevery 100 cubic feet .

What is the capac ity of a bin 6 feet wide , 7 174 feet h igh , 14 feet long ?

6X 7Bé >< 14z 630 cubic feet . and ‘ 22 506 bu .

- An s

‘ For 600 cub ic feet add 2 bushel s .Of a wagon bed 18 inches , or 1 174 feet deep , 3 feet wide , 10 feet long ?

1 175X 3 >< 10=45 cub ic feet . 45X .8 : 36 bu .

—Ans .

W A wagon bed 3 feet wide , 10 feet long, holds 2 bu . fo r every inch in depth .

EAR CO RN—Corn in the ear , when of good qual ity , measured afterhaving been cribbed for several months , wi l l hold out at 2 54 cub ic feet toa bu . Inferior corn wil l require from to 2 35 cub ic feet .

At 2 174 cubic feet , multiply cubic feet by 4 , and d ivide th e product by 9 .

At cub ic feet, multiply by 8 and divide the product by 19 .

At 2 174 cubic feet , s imply multiply by '

4 and point off one figure .

F ind contents of a crib 7 174x 9 , and 16 feet long ; 2 54 cubic feet to bu .

cub ic feet . 1080X 4-9th s=480 bu .

—Ans .

Capacity of a wagon bed 10% X 3 , 2 14 feet deep , cubic feet to bu .

10 1/2 x 3 x 2 174 : 7 1 cubic feet, nearly. 71X .4_ bu .—Ans.

HAY—The quantity o f hay in a mow o r s tack can only be approximatelyascerta ined by measurement . Good timothy hay when thoroughly settl ed

,

wil l take about 350 cubic feet to make a ton . If only partly settled , from400 to 450 cubic feet ; while new hay wi l l take 500 cubic feet and over .

How many tons in a mow 20 feet square , 14 feet h igh ; 350 cub ic feetto ton ? 20X 2OX 14 : 5600 cub ic feet . tons—Ans.

C I ST E RNS—To find the capacity of a c istern or tank : M ul tiply thesquare of the mean diameter by the depth (al l in feet) and th is product by

and the resul t wi l l be in gallons—absolutely correct .To find the contents in barre ls . Take 1

36 o f the product . For greater

accuracy,diminish answer of 1% of i tsel f .

F ind contents in barrel s , of a round cis tern 6 feet in d iameter, 8 feetdeep . ft; of 288—54 barrel s .—Ans.

What is the capac ity in gallons of the B l oomi ngton S tand P ipe , whichis 8 fee t in d iameter and 200 feet h igh 8X 8X 200X 5%—75 ,2 00 gallons .An s.

To find the capac ity of a square tank or c is tern : M ultiply the numberof cubic feet by 7 175 the result w il l be in gallons .

To f ind the contents in barrels : M ul tiply the cubic feet by .2%

What is the capacity in gallons and in barrel s , of a tank 12 feet long ,3 feet wide and 2 feet deep ? 12 X 3 >< 22 7 2 cubic feet ; 72 X 7% : 540 gal lons ;

barrels—Ans , 540 gallons , or barrels .

BA R R ELS—To find the contents of a barrel or cask : M ultiply thesquare o f the mean diameter by the depth (al l in inches ) and multiply th eproduct by .0034 .

F ind th e contents o f a barre l whose mean d iameter is 20 inches , depth

32 inches . 20x 20x 32x .0034=43 .52 o r 43 176 gallons—Ans .

I f yo u make your paym ents by C H ECKYou H ave a Record

WH I C H CANNOT B E D I SPUT ED.

CALIFORNIA LAWS MADE PLAIN 93

LEGAL FORMS .

W arranty Deed .

This inden ture ,made th e day o f in th e year o f ou r Lo rd

on e thousand n ine hundred and between th e th e firstpart , and th e p art . . - .o f th e second part ,

W itnesseth, That th e said th e first part , for and in co n sideration o f

th e sum o f do l lars o f th e Un ited States o f Am erica , to

in hand paid by th e said th e second part , th e receipt wh ereo f is herebyackn owledged , by these presents gran t, bargain , sel l , convey and con firmunto th e said th e seco nd part , and to heirs and assigns forever,a ll certain lo t o r o f lan d situate, lying and being in

th e C ounty o f State o f Ca l iforn ia , an d boun ded an d particularlydescribed as fo l lows, to w it :

Together with th e tenemen ts, hered itam en ts and ap purtenances thereto be

lo nging , o r in anywise apperta in ing ; and also al l estate, right, title and

In terest , at law and equity th erein o r thereto , inc lud ing th e ren ts, issues and

p ro fits thereof.To have and to h o ld th e sam e to th e said heirs and assigns forever ;

and do . . covenan t with th e said and legal representatives fo rever , that th e said real estate is free from al l incumbrances, and that

wil l and heirs , executo rs and administrato rs shal l WARRANTAN D DEFE ND th e sam e to th e said heirs and assign s forever, againstth e lawful c laim s an d dem ands o f al l p ersons whom so ever.

I n witness wh ereo f, th e said th e first part h ereun toand seal th e day and year first above written .

Sign ed , sealed and executed in th e p resence o f

(Seal )

(AC KNOWLEDGME NT )Q uit C lalm Deed .

This inden ture , m ade th e day o f A . D ,between

th e part th e first part, and . . th e th e secondpart,W itnesseth, That th e said part - .o f th e first part , fo r and in cons ideration o f

th e sum o f o f th e United States o f Am erica , toin hand paid by th e said p art -o f th e second part , th e receipt whereo f is herebyacknowledged , remised , released and forever quitc laimed , and by thesep resents rem ise, release and forever quitc laim , un to th e said th e

second part, an d to heirs and assigns , al l th e certaino r o f land , situate, lying an d being in th e County o f Stateo f Cal ifornia , and bounded and p articularly described as fo l lows , to w it :

Togeth er with all and singular th e ten em en ts, h ered itam en ts an d appurtenanc esthereunto belonging, o r in anywise app ertaining , and th e reversion and reversions ,

rem ainder and remainders ,rents, issues , and p ro fits thereo f. A nd also al l th e

esta te, right, title,I nterest, p rop erty, p o ssession , c laim and demand

whatsoever, as wel l in law as in equity, o f th e said th e first part o f ,

in or to th e said p rem ises , and every part an d parcel thereo f, with th e ap p urte

nances.

To h ave and to ho ld , al l and singular, th e sa id p rem ises, together with th e

appurtenances ,un to th e said part o f th e second part, and to heirs and

assigns foreverI n witn ess whereo f, th e said part. . .o f th e first part h ereunto set

hand and th e day and year first above written .

Signed , sealed.and del ivered in th e p resence o f

(Seal)

TH E B ESTBU S I NESS M EN DEPOS I T TH E I R MONEY

IN A BANK.

94 CALIFORNIA LAWS MADE PLAIN

(ACKNOWLEDGMENT )Mo rtgage—Sh o rt Fo rm .

This inden ture, made this day o f A . D . 19 betweenth e th e first part, and , th e part th e second

part,

W itn esseth, That th e said -o f th e first part, for and in con sideration o f

th e sum o f do l lars o f th e Un ited States o f Amer ica , toin hand paid , th e receip t whereo f is hereby acknowledged , do by these p resen ts ,

grant, bargain , sel l , convey and con firm , un to th e said part . . o f th e secon d partheirs and assigns fo rever all that certain lot, p iece o r parcel o f land

lying, situate an d being in th e Coun ty o f State o f Cal iforn ia,

an d boun ded and p articular ly descr ibed as fo l lows, to w it :

Together ' with , all and singular, th e tenem en ts,hered itam ents and ap p u rte

nances thereun to belonging, and th e rents, issues and p ro fits thereo f.To have and to ho ld , a l l and singular, th e said p rem ises togeth er with th e

ap purtenan ces, un to th e said part o f th e second part, heirs and assignsforever.

This conveyance is in tended as a m o rtgage to secure th e paym en t o f .

and th ese p resen ts shal l be vo id i f such paym en t . be m ade, acco rd ing to th e

teno r and effect th ereo f ; but in case default b e m ade in th e paym en t o f th e sa idp rin c ip a l o r any instal lmen t o f interest as p rovided , then th e who le sum

o f p rin c ipal an d in terest shal l be due at th e o p tion o f th e said part . . o f th e

second p art, o r assign s ; and suit m ay b e im m ediately brought an d a decree be

h ad to sell th e said p rem ises , with all and every o f th e ap purtenan ces ,o r any

part th ereo f, in th e m anner p rescribed by law , an d ou t o f th e m oney arisingfrom such sale, to reta in th e said p rin c ipal and in terest alth ough th e tim e fo r

paym en t o f sa id p rin c ipal sum m ay not have exp ired , togeth er with th e co stsand ch arges o f m ak ing such sale ,

and o f suit fo r fo rec lo sure , inc lud ing counselfees at th e rate o f p er cen t up on th e am oun t which m ay be found to

be due fo r p rin c ip al and interest by th e said decree, and also th e am oun ts, bo thp rinc ipal and interest, o f a ll such paym en ts o f l iens o r o ther en cum bran ces. as

m ay h ave been m ade by said o f th e secon d part , by reason o f th e p ro

visions hereinafter given , and th e overp lus, i f any there be, sh al l,be paid by th e

p arty m ak ing such sale, on dem an d , to th e said o f th e first partheirs, executo rs,

$

adm in istrators o r assigns .

A nd i t is hereby agreed , th at it sh al l be lawful fo r th e said part . o f th e

seco nd part, heirs , executors , adm in istrato rs o r assigns , to pay and

d ischarge at m atu r ity all l iens or o th er en cum bran c es now subsisting o r h ereafterto be ' laid o r im p o sed up on said o f land and p rem ises, and which m ay be

in effect a charge th ereup on ; and such paym en ts sh al l be al lowed , with interestth ereon at th e rate o f p er cen t p er .and such paym en ts and

in terest sh a ll be co n sidered as secured by th ese p resen ts , and shal l b e a chargeup o n said p rem ises , and sha l l be repayable o n dem and , in th e sam e k ind o f

m on ey o r curren cy in wh ich th e sam e m ay h ave been paid , an d m ay be deduc tedfrom th e p roceeds o f th e sale above authoriz ed .

In witness whereo f, th e said o f th e first part hereun to set

hand . . and th e day and year first above written .

Sign ed , sealed an d del ivered in th e p resen ce o f

(Seal )

(ACKNOWLEDGMENT )Deed .

Th is indenture , m ade th is day o f A . D . 19 betweenth e part. -o f th e first p art, and th e th e seco nd

WE T RY TO PLEAS E O U R C U STOM E RS

AND CAN PLEAS E YO U .

CALIFORNIA LAWS MADE PLAIN 95

W itnesseth, That th e said part - .o f th e first part , fo r and in consi deration o f

th e sum of do l lars o f th e United States of America , toin hand '

paid by th e said part . - .o i th e second part, th e receip t whereo f is herebyacknowledged , by these presen ts grant, bargain , sell , c onvey and confirmunto th e said part -

,o f th e second part , and to heirs and assigns forever.

al l th c ertain lot o r o f land situate, lying and . being in

th e County o f State o f Cal ifo rn ia , and bounded and particularlydescribed as fo llows, to w it :

Together with al l and singular th e ten em en ts, hered itam en ts an d ap purtenancesthereun to belonging, o r in anywise app ertain ing , and th e reversion and reversions,

remainder and remainders , rents , issues and pro fits thereo f.To have and to ho ld , all and singu lar, th e said p rem ises , together with th e

appurtenances,un to th e said part - .o f th e second part , an d to h eirs and

assigns fo reverIn witness whereo f, th e said part -o f th e first part h a h ereunto set

hand . . and th e day and year first above wri tten.

Signed , sealed and del ivered in th e presen ce o f

(Seal )

(ACKNOWLEDGME NT )C h attel Mo rtgage.

This m ortgage made th e day o f in th e year A . D . n ineteenhundred and by o f County o f State o f Califor

n ia, by o ccupation mortgago r to o f th e Coun ty o f

State o f Cal iforn ia , by o ccupation m ortgagee.

W itnesseth , That th e said mortgagor. m ortgage to th e said mortgagee all that certain personal prop erty situated and described as fo llows,to wit :

as security fo r th e payment to th e said m ortgagee do llars,

o f th e United States o f America , on day o f in th e yearnineteen hundred and with interest thereon at th e rate o f p er

cent p er ac co rd ing to th e terms and cond itions o f certain p rom ,

issory o f even date herewith , and in th e wo rds and figures fo l lowing ,to w i t :

It is also agreed that if th e m o rtgago r. shal l fai l to make any paymen tsas in th e said p rom issory p rovided , th en th e m ortgagee m ay takep o ssession of sai d p rop erty, using all necessary force so to d o , an d may im m ediately p roceed to sel l th e sam e in th e m ann er p rovided by law, and from th e

p ro ceeds pay th e who le am ount in said no te . . sp ec ified .

In wi tness whereo f, th e sa id h a hereunto set hand . . and

seal th e day and year first above written .

Signed , sealed and delivered in th e p resen ce o f

th e m ortgagor. in th e fo rego ing m ortgage n am ed and th e mortin said m o rtgage nam ed , each being duly swo rn , eac h fo r him sel f. do th

dep o se an d say : T h at th e aforesa id m ortgage is made in go od faith an d withoutany design to hinder delay o r defraud any creditor o r cred ito rs .

Subscribed and swo rn to ’ before m e, this day o f at th eCoun ty o f

(REGULAR ACKNOWLEDGMENT )

A BANK ACCO UNTI S A G R EAT AID

IN SAV I NG M ONEY .

96 CALIFORNI A LAWS MADE PLAIN

Asslgnm ent of Mo rtgage.

Know al l m en by th ese presents , That th e o f th e first part , forand in con sideration o f th e sum o f do l lars , o f th e Un ited Stateso f Am erica. to in hand paid by th e o f th e second part.th e receipt whereo f is hereby ackn owledged , do by these p resents.

gran t.bargain, sel l , assign , tran sfer and set over un to th e said o f th e secondp art, a certain inden ture o f m ortgage,

bearing date th e day o f one

thousand nine hundred and made and executed byto m ortgagee. . and recorded on th e day o f in book

o f at page in th e o ffice o f th e coun ty recorder o f th e

County o f State o f Cal ifo rn iatogether with th e therein described , and th e m oney due. and to growd ue , thereon , with th e in terest.

To have and to ho ld th e sam e unto th e sa id o f th e secon d part.executors, adm in istrators and assign s , fo r use and benefit ; subject only toth e proviso in th e said inden ture o f mortgage m entioned . A nd th e said o f

th e first part do hereby m ake, con stitute and ap po in t th e said part. o f th e

second p art true and lawful attorn ey, irrevo cable, in nam e o r o therwise, but at th e p ro p er costs and charges o f th e said o f th e second p art, tohave, use, and take a ll lawful ways an d m eans fo r th e recovery o f th e said m on eyand interest ; and , in case o f p aym ent , to d isch arge th e sam e as ful ly as th e saidpart o f th e first part might o r could do if these p resen ts were no t m ade.

In witness whereo f, th e said o f th e first p art h ereunto set

and th e day o f in th e year o f ou r Lord on e thousandn ine hundred and

Signed , sealed and del ivered in th e p resence o f

(Seal )

(ACKNOWLEDGMENT )

Satlsfactlon of Mo rtgage.

Know al l m en by these p resents, That th e m ortgage made bythe of th e first part, to th e part. . o f th e seco nd part , andrecorded in th e o ffice o f th e county recorder o f th e C oun ty o f Stateo f Cal iforn ia , in book of at p age on th e

together with th e debt thereby secured , is ful ly p aid satisfied and d isch arged .

In witness wh ereo f, have hereun to set and th e

day o f A . D . 1 9 .

Sign ed , sealed and del ivered in th e p resen ce

(ACKNOWLEDGM ENT )

Notice o f App ro p rlatlon of W ater.

(Civi l Code, Sec .

Th e undersign ed hereby gives notice to all whom it m ay concern :1 . That I claim th e water flowing here to th e exten t o f in ch es

m easured under a four- inch p ressure.

2 . That th e purp o ses for which I c laim it are (a )

'

3 . That I intend to d ivert it by a (c )in siz e

BANK DRAFTSARE BETT E R AND C H EAPE R THAN EXP R ESS O R

POST OFF I CE M ONEY O RDERS .

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98 CALIFORNIA LAWS MADE PLAIN

Agreement o r C ontract.

This agreem ent, made th e day o f in th e year o f our Lo rd on e

thousand n in e h undred and between th e o f th e firstpart , and th e o f th e second part ,

W itnesseth , That th e said part. . o f th e first part , in consideration o f th e

covenan ts, p rom ises and agreem en ts on th e part o f said o f th e secondpart, h ereinafter co n ta in ed , h ereby covenant and agree to an d withth e sa id part . o f th e second part, that th e said part o f th e first part wi ll

A nd th e sa id p art . . o f th e second part , in co nsideration o f th e said covenants ,

p romises and agreem ents on th e p art o f th e sa id part . . o f th e first part , hereinafter contained , covenan t . and to and with th e saido f th e first part, that th e sa id part. o f th e second part wi l l

A nd fo r th e true and faithful p erfo rm ance o f al l an d every o f th e sai dcovenan ts , p rom ises and agreem ents , th e said parties to th ese p resen ts bindthem selves , each un to th e o ther, in th e p enal sum o f do llars , o f

th e Un ited States o f Am er ica , as fixed , settled and l iquidated dam ages to be

paid by th e fai ling part to th e other, h eirs o r assigns.

I n witn ess whereo f, th e said p arties to these p rem ises have hereunto set

their h ands and seals, th e day and year first above wr itten .

Signed , sealed and delivered in th e p resen ce o f

Lease.

This inden ture , m ade this day o f A . D . 19 betweenth e o f th e first part, an d th e part o f th e second part,W itnesseth , That th e said o f th e first part , do by these p resents

lease and dem ise un to th e said part o f th e second part . .

with th e ap purtenan ces , fo r th e term o f from th e day o f

A . D . 19 at th e rent o r sum o f do l lars , p ayable in go ld co ino f th e Un ited States o f Am erica ,

in advan ce, on th e day o f each

and every mon th during said term ,

A nd i t is further agreed , that i f any rent shal l b e due and unpaid , o r i f

default shai l be made in any o f th e covenan ts h erein con tained , that it shal lbe lawful for th e said o f th e first p art to re- en ter th e sa id p rem ises andrem ove all p ersons therefrom . A nd th e said o f th e second p art dohereby covenant, p romise and agree to pay th e said o f th e first p art th esaid rent, in th e mann er hereinbefo re sp ecified , and not to let o r underlet th ewho le o r any part o f th e said p rem ises no r assign this lease, vo luntarily o r i h

vo luntar ily, without th e written consen t o f th e said part o f th e first p art .

A nd th at , at th e exp iration o f said term , th e said part o f th e second part

wi l l quit and surrender th e said p rem ises in as good sta te and . co nd ition as

reasonable use an d wear thereo f wi l l p erm it (dam age by th e elements excep ted ) .

In witness whereo f, th e said p arties to these p resen ts h ave hereunto set theirhands and seals , th e day and year first above written.

Signed , sea led and delivered in th e p resen ce o f

WE R EGARD ALL BU S I NESS T RANSACT I ONSAS

STR I CTLY CONF I DENT IAL.

CALIFORNIA LAWS MADE PLAIN

I N D EX

PageHistorical 5

State institutio n s 5

Constitutio na l p rovis ions 6

Fo reign residen ts 6

Suffrage 6

L egislative departmen t 6

Initiative 7

R eferendum 7

When take effect, laws 8

Enacting c lause 8

I n coun ties 8

Executive departm en t 8Jud ic ial departm ent 8L ega l days’ work 8Free passes 9

Rai lroad com m ission 9Mun ic ipal ownership 9

R eca l l o f o fficers 9

Acknowledgm ents 10

Adop tion 1 1

An imals 12

State Veterinarian 1 2

Coun ty l ive sto ck in sp ecto r 1 2

State Sheep 1 2Coun ty sheep 13Maxim um sheep license 13Marks an d 13

H ides kep t 1 4

E strays 14

D estruction in jurious an im als . 15

B oard o f exam iners etc . 15

Quaran tine o f rabies 15Ap p rentic e laws 16A ttorn eys at law 16Autom obiles an d m o torcyc les 17

R egistration 17Num ber given ; h ow 17A n nual registration 17Fees 17

N o n - residen ts 18Number p lates d isp layed 18Go ngs, horns ,

bel ls 1 9

L ights o n autom obiles 19L ights o n m o to rcycles 1 9

Chauffeurs l icensed 19R ate o f sp eed 1 9Rules fo r passing 19In toxicated drivers 19

Banks and bank ing 20Classes o f banks 20Fore ign co rp o ratio ns 20D irecto rs 20P re- requisite to advertising 20D eposits no t over $500 20D ividends 20State bank ing departm en t 20Insp ection 21Certificate to do business 2 1

R ep o rts to sup erin tenden t 2 1Fraudulen t ch ecks 2 1Natio nal banks 2 1

Cities and towns 2 1Children and minors 2 2C om m o n carri ers 23Com m un ity p ro p erty 24Com pulso ry education 25Contrac ts 25Conveyances, deeds, etc . 2 6

rant 2 6E scrow 26R equisites fo r transfer 2 6Fo rm o f gran t 2 6Grant by m arried wom an 26

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99

Subsequently acquired titleGifts

Corp orationsA rtic les o f incorp o rationL iabil ity o f stockho ldersFo reign co rpo ration s

Coun tiesC ourts 30- 3 1D ebto r and cred ito r 32D eeds—See conveyan ces 33D esc en t 3 3

Successio n to separate prop erty . 33

Hom estead ; descent o f 34

Comm unity p roperty ; wife sdeathCommunity p rop erty ; husband 'sdeath

Inheritance by rep resen tatio nA l iens m ay inherit

D irect p rim ariesD ivo rceEducationState boardState sup erin tenden tCounty SuperintendentC ity schoo l d istr ic tsFo rm ation n ew d istric tsE lec tion trusteesNum ber trusteesE lection in new d istrictsV acancyTerm o f trusteeB oards in c itiesCoun ty boardsNum ber o f years , etc

Courses o f studyTeachers

E lection registration lawsE states o f deceased p erson s etc

F en cesF inder o f prop ertyFi resF ixturesGam e

State com m iss io nsD istrictsL icense lawsOp en and c lo sed seaso n

Un lawful ac tio nsShipm en t l im itC oun ty warden

Guard ian and wardHighwaysH iringHo l idaysHom esteadsHusband and wifeI n terestJury and jurorsLabor laws

Em p loym en t definedT erm ination at wil lT erm ination by Em p loyerT erm ination by em p loyeeCom p en sationWh en servant d ischargedPayment o f wagesT im e o f p aym entWages exem p tR estraining from m em bersh ip in

unionLabo r com bination s not unlawful 57Bureau o f labo r statistics 57

W eekly day o f rest 58

100 CALIFORNIA LAWS MADE PLAIN

PageMine bel l signals 58Hours fo r drug c lerks 58

Minim um wage o n publ ic wo rk 58Occupational diseases 58

San itatio n o f cam p s 58

E ight -hour day, etc 58Mino rs between 15 and 16 59

A ssignm ent o f wages 60

B lack - listing 60E ight-hour law fo r wom en 60

Seats fo r wom en 60

Landlo rd an d tenan t 60Legal form s 93L iens—See m echan ics ’ l ien sMarriageMechanicss ’

andl ien s 6 2

Mechani cs ’ l iens 62

W h o m ay have l ien 62Subjec t p rop erty 62Am ount o f l ien 62Co n tracting 62

Po sting no tice, etc 62

No tice by claim an t 62

F iling 63

L im itation 63

R ank 63

Mines and m in ing 63 - 64- 65M o rtgages 66

L ien ; when sp ec ial 66

D eed , etc . 66

On what a l ien 66

Subsequen tly acquired title 66Powers o f sa le 66A ssignmen t o f debt 66H ow d isch arged 66When p ersonal p rop erty vo id , etc 67Personal

d (prop e

rty ; where re

corde 67W hat p ersonal p rop erty , etc 67E ffec t o f rem oval 67H ow foreclosed 67Fo reclo sure 67R edem p tio n real p rop erty 67D eed o f trust 68

N ego tiable instrum en ts 68D efinitio n 68Un cond itio nal paym en t 68Payee 68Date 68M ay co n tain a p ledge 68D ifferen t c lasses 68T im e no t sp ec ified 68P lace no t sp ec ified .t 68Payable to p erson o r o rder 68E ndo rsed n o te, etc 68P resum p tion o f 68Endo rsem en t 68General endo rsem en t, etc 69Im p l ied warranty 69E ndo rser l iable to payee 69E ndorsem en t without recourse . 69E ndo rsee p rivy to co n trac t 69W an t o f co nsideratio n 69Endo rsee in d ue course 69In strum en t left blank 69D ish o no r 70N o tice 70Fo rm o f no tice 70B i ll o f exchange 70Days o f grace 70Pro test 70Promisso ry n o te 70Check defin'ed 70Rules ap p licable to ch ecks 70

No taries public 71Partnership 7 1

D efinition 71Fo rmati on o f 7 1Partnership p rop erty 71Partn ers' in terest in 7 1Shares in p ro fi ts , etc 72

0 0 0 0 0 0 0

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9

P ro ceed ings in reviewState insuran ce fundD epartm ent o f safetyD epartm en t o f statistics

D ivisio n o f lo sses Im p l iedApp lication o f p rop ertyMutual liabi lityCharac ter o f partnership sPower o f p artnersL iabil ity o f partn ersDuration o f p artn ershipTo ta l d isso lutio nF ictitious nam e

Sp ec ial p artn ershipMin ing partnersh ip s

Pharm ac iesPubl ic Util ities ac t

R eca l l o f elective o ffic ersReco rdingRedem p tio nResidenceR evenue and taxatio nSales

D efinitionAgreem en t fo r sale

To sel l rea l p rop ertyContrac t fo r sa le p erso nal p ro perty

Co n trac t fo r sale rea l p ro p erty . .

D el ivery o n dem andW arran ty o f title etcA uc tio nA uc tio n eer’s m em oran dum

State departm en t engin eeringState publ ic landsStatute o f l im itatio n sSe isin in five yea rs. etc

P eriods o f lim itatio n in o thercases

W ater righ tsH ow righ ts acquiredWater flowing o ut o f stateFo r a useful purp o sePo in t o f divers ionNo tice o f appro p riatio nW o rk to b e do n eCom p letion defin edForfeitureT im e within wh ich to comm enc e

excavation o n publ ic reservatio n

W eights and m easuresSup erin tenden tSealersNet con tain er ac t

W i llsWh o m ay m akeP ro cured by fraudW i ll of married wom anComm un ity p rop ertyW ritten wil lO lographic willMutual wil lGifts to subscrib ing witn essesMade out o f stateW ritten in o th er statesCodic ilNuncupative wi l lW ritten '

h ow revokedR evo cati o n by m arriage, etc

E ffect o f m arriage , etc

R evocatio n o f cod ic i lChildren n o t p rovided fo rCharitable devises . etc

W orkman’s com p ensation in suranc eand safety act

What th e act isI ts adm in istratio nJurisd ictionComp ensationP ro cedures