§ 3. Repeal of former act. This act shall be in effect immediately and be enforced from and after its passage and repeals an act approved March 27, 1897, on pages 213, 214 of Statutes and Amendments to the Codes of California of 1897.

ACT 1681.

An act to provide indemnity to persons erroneously convicted of felonies in the state of California.

[Approved May 24, 1913. Stats. 1913, p. 245.]

Claim of persons erroneously convicted.

Presented to board of control.

§ 1.

§ 2.

§ 1. Claim of persons erroneously convicted. Any person who, having been convicted of any crime against the state of California amounting to a felony, and having been imprisoned therefor in a state prison of this state shall hereafter, on a retrial of the case, or on reversal on appeal of the final judgment of conviction, be acquitted or discharged for the reason that the crime with which he was charged was either not committed at all, or, if committed, was not committed by him, or who shall hereafter be granted a pardon by the governor of this state for either of the foregoing reasons, or who, being innocent of the crime with which he was charged for either of the foregoing reasons, shall have served the term for which he was imprisoned, may, under the conditions hereinafter provided, present a claim against the state to the state board of control for the pecuniary injury sustained by him through such erroneous conviction and imprisonment.

§ 2. Presented to board of control. Such claim, accompanied by a statement of the facts constituting the claim, verified in the manner provided for the verification of complaints in civil actions, must be presented by the claimant to the board of control within a period of six months after judgment of acquittal or discharge given, or after pardon granted, or after release from imprisonment, and at least four months prior to the next meeting of the legislature of this state; and no claim not so presented shall be considered by the board of control.

§ 3. Hearing on claim. Upon presentation of any such claim, the board of control shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the attorney general of this state at least fifteen days prior to the time fixed for such hearing.

§ 4. Proof of claimant. On such hearing the claimant shall introduce evidence in support of the claim, and the attorney general may introduce evidence in opposition thereto. The claimant must prove the facts set forth in the statement constituting the claim, including the fact that the crime with which he was charged was either not committed at all, or, if committed, was not committed by him, the fact that he did not, by any act or omission on his part, either intentionally or

negligently, contribute to the bringing about of his arrest or conviction for the crime with which he was charged, and the pecuniary in jury sustained by him through his erroneous conviction and imprisonment.

§ 5. Board to report approved claim to legislature. If the board of control shall be satisfied from the evidence that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, and that the claimant did not, by any act or omission either intentionally or negligently, contribute to the bringing about of his arrest or conviction, and that the claimant has sustained pecuniary injury through his erroneous conviction and imprisonment, it shall, with the sanction of the governor of this state, report the facts of the case and its conclusions to the next legislature of this state, with a recommendation that an appropriation be made by the legislature for the purpose of indemnifying the claimant for such pecuniary injury; but the amount of the appropriation, so recommended shall not exceed in any case, the sum of five thousand dollars ($5,000).

§ 6. Statement to controller. The board of control shall make up its report and recommendation and shall give to the controller of this state a statement showing its recommendations for appropriations under the provisions of this act, as provided by the law in cases of other claimants against this state for which no appropriations have been made.

§ 7. Rules. The board of control is hereby authorized to make all needful rules and regulations consistent with the law for the purpose of carrying into effect the provisions of this act.

TITLE 133.

ACT 1691.

CO-OPERATIVE ASSOCIATIONS.

Defining and providing for the organization and government of co-operative business corporations. [Stats. 1877-78, p. 883.]

Superseded by 1895, p. 221.

Codified in part by § 653a of Civil Code: See Civil Code, § 653a, note. "The portion of the statute declaring that the by-laws may provide for the number of votes to which each stockholder shall be entitled is probably unconstitutional as being special legislation. (See Krause v. Durbrow, 127 Cal. 681.) The remaining portion is superseded by Civil Code, § 653a, as adopted in 1905."-Code Commissioner's Note. АСТ 1692.

To provide for the incorporation, operation, and management of cooperative associations. [Stats. 1895, p. 221.]

Codified by §§ 653b-6531 of Civil Code, adopted 1905.

TITLE 134.

CORONADO.

Incorporated under the Municipal Corporation Bill of 1883, p. 93 in 1890.

Act 1702.

An act conveying certain tide-lands and lands lying under inland navigable waters situate in the bay of San Diego to the city of Coronado in furtherance of navigation, commerce and fisheries and providing for the government, management and control thereof. [Approved April 27, 1923. Stats. 1923, p. 85.]

АСТ 1712.

TITLE 135.
CORONERS.

An act to provide an official stenographic reporter to the coroner of each county, or city and county, having one hundred thousand or more inhabitants, and providing the mode in which such reporter shall be appointed, and establishing the compensation and prescribing the duties of such reporter.

[Approved March 26, 1895. Stats. 1895, p. 168.]

Superseded as to San Francisco.

by its charter.

Superseded as to San Francisco,

Coroners of cities and counties of one hundred thousand to appoint stenographer.

§ 1.

§ 2.

Salary.

§ 3.

Duties.

§ 1. Coroners of cities and counties of one hundred thousand to appoint stenographer. It shall be lawful for the coroner of every county, or city and county, of this state, having one hundred thousand or more inhabitants, to select and appoint as an official stenographic reporter, such reporter to hold office during the pleasure of the coroner making the appointment.

§ 2. Salary. The said official reporter shall be allowed and shall receive compensation as follows: One hundred and fifty dollars per month.

§ 3. Duties. It shall be the duty of said reporter to attend all inquests held by the coroner of the said county, or city and county, and report in shorthand all testimony of witnesses, and all the proceedings of said inquests, and to transcribe the same into legible longhand and furnish two typewritten copies thereof, and shall certify the same, and file one of the copies with the said coroner and the other copy with the clerk of the said county, or city and county. He shall also, within a reasonable time after such testimony is taken, file with the said clerk the shorthand notes taken by him at each inquest.

§ 4. Oath. The said official reporter shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office.

§ 5. Certified report prima facie correct. Any report of the said official reporter duly appointed and sworn, when written out in

longhand writing and certified by him as being a correct transcript of the testimony and proceedings in the case, shall be prima facie a correct statement of such testimony and proceedings.

§ 6. Salary, how paid. The salary of said reporter shall be audited and paid monthly out of the general fund of the said county, or city and county.

§ 7. Act takes effect when. This act shall take effect from and after its passage.

АСТ 1713.

Coroners and elisors, fees of. [Stats. 1873-74, p. 794.]

Superseded by County Government Act, 1897, p. 481, § 105. See Act 1864.

ACT 1714.

An act to provide for furnishing assistants to the coroner of each city, or city and county having one hundred thousand or more inhabitants, and providing the mode in which such assistants shall be appointed and designated, and establishing the compensation and prescribing the duties of such assistants.

[Approved March 23, 1893. Stats. 1893, p. 190.]

Superseded as to San Francisco. Act superseded as to San Francisco, by its charter.

§ 1. Coroner to appoint assistants.

§ 2. Classification and designation of assistants. Salaries. Duty of assistants.

§ 1. Coroner to appoint assistants. It shall be lawful for the coroner to every city, or city and county of this state, having one hundred thousand or more inhabitants, to select and appoint five assistants. Such assistants shall hold their respective offices at the pleasure of said appointing power.

§ 2. Classification and designation of assistants. Salaries. Duty of assistants. Such assistants shall be classified and designated as follows: First deputy coroner, second deputy coroner, third deputy coroner, fourth deputy coroner, messenger. Said deputies shall be allowed and receive salaries as follows: The salary of the first deputy shall be two hundred dollars per month; the salary of the second deputy shall be one hundred and fifty dollars per month, the salary of the third and fourth deputies shall be one hundred and twenty-five dollars per month each; the salary of the messenger shall be seventy-five dollars per month. It shall be the duty of said deputies to act as deputy coroners in all matters, except as to those duties which are forbidden to be delegated. It shall be the duty of the messenger to have charge of the dead-wagon, keep in order the morgue, and perform such other duties as are required by the coroner or his deputies.

§ 3. Salary, how paid. The salaries of the said assistants shall be audited and paid monthly out of the general fund of the said city, or city and county.

§ 4. Act takes effect when. This act shall take effect from and after

its passage.

ACT 1715.

An act concerning the attendance of physicians and surgeons in certain cases, and to provide payment for making chemical and postmortem examinations. [Approved February 8, 1872. Stats. 187172, p. 81.]

Code commissioner's note to § 1. The code commissioner says in his "List of Statutes in Force," that "As to § 1, [it is] superseded by County Government Act, 1897: 490, § 142." See post, Act 1864. Probably superseded by § 1512 of the Penal Code.

АСТ 1716.

An act providing in counties of the first class for the appointment by the coroner of a competent physician for the performance of autopsies upon the bodies of deceased persons when inquests are held, and fixing the compensation therefor.

[Approved March 14, 1895. Stats. 1895, p. 52.]

§ 1. Coroner to appoint physician in counties of first class, to hold autopsies. Compensation.

§ 2.

§ 3. Act takes effect when.

§ 1. Coroner to appoint physician in counties of rst class to hold autopsies. In counties of the first class, the coroner shall appoint a competent physician, whose duties it shall be to perform autopsies upon the bodies of all deceased persons when inquests are held. Such physician shall, after the performance of such autopsy, certify in writing his professional opinion as to the cause of death, which certificate shall be filed with said coroner.

§ 2. Compensation. The physician so appointed shall receive as compensation for his said services the sum of twenty-four hundred dollars per annum, which shall be paid out of the general fund of the county in monthly installments of two hundred dollars, at the same time and in the same manner as county officers are paid.

§ 3. Act takes effect when. This act shall take effect and be in force from and after its passage.

ACT 1726.

TITLE 136.
CORPORATIONS.

Concerning corporations. [Stats. 1850, p. 347.]

Amended 1851, pp. 424, 426. Repealed, 1851, p. 433, c. CXVIII, § 31. Amended 1852, p. 168; 1853, pp. 87, 140, 169; 1854, pp. 162, 166; 1858, pp. 57, 264; 1859, pp. 87, 93; 1861, p. 84; 1862, pp. 17, 110, 125; 1863, pp. 34, 747, 766; 1865-66, p. 748; 1869-70, pp. 46, 364, 402; 1871-72, p. 443; 1875-76, p. 730. Supplemented 1862, p. 17. Extended 1857, p. 75. Repealed: See § 288, Civil Code.

Continued in force as to corporations created under it: See Eastman, Estate of, 60 Cal. 308.