gerous nor obnoxious and offensive business may be carried on, and they may order the clearing of land or the removal therefrom of dry grass, stubble, brush, rubbish, litter, or other inflammable material, if, in their judgment, said inflammable material endangers the public safety by creating a fire hazard. [4 [Amendment approved March 26, 1919; Stats. 1919, p. 9.]

§ 22. Fire ordinances. They may adopt such ordinance, within the purview of the preceding section, as they may deem proper to prevent fires and conflagrations, and for the protection of property at and during the pendency of any fire, and for that purpose may provide that at and during the pendency of any fire the officers of the fire company or companies present shall be vested with police powers. Such ordinances shall be signed by the said fire commissioners, and published in a newspaper printed in said town or village, or posted in three of the most public places thereof, for the period of two weeks, at the end of which time it shall be and become a law for the government of the inhabitants of said town or village.

§ 23. Misdemeanor. Any person who shall violate any of the provisions of said ordinance shall be guilty of misdemeanor.

§ 24. Prosecutions. Any justice of the peace within the townships within which said town or village is situated shall have jurisdiction of all prosecutions under this act, and sections fourteen hundred and twenty-six to fourteen hundred and forty-nine, both inclusive, title nine, chapter one, of the Penal Code, are hereby made applicable to proceedings under this act.

§ 25. Repeal of prior acts. All acts or parts of acts, so far as they do conflict with the provisions hereof, are hereby repealed.

§ 26. In effect when. This act shall take effect and be in force from and after its passage.

ACT 2594.

To create a firemen's relief, health, and life insurance, and pension fund in the several counties, cities and counties and cities and towns of this state. [Stats. 1901, p. 101.]

Amended 1903, p. 158.

Probably superseded by act of March 20, 1905, creating a firemen's relief, health and life insurance pension fund. See ante, Act 2592.

ACT 2595.

To create an exempt firemen's relief fund in the several counties, cities and counties, cities and towns of the state, and relating to the enrollment, formation into fire companies, and services as firemen of such exempt firemen. [Stats. 1895, p. 107.]

Unconstitutional: Taylor v. Mott, 123 Cal. 497, 56 Pac. 256. Superseded 1901, p. 101. See ante, Act 2594.

ACT 2596.

To require the payment of certain insurance premiums by fire insurance companies not organized in California, to cities and cities and counties. [Stats. 1885, p. 13.]

Amended 1887, p. 15.

Unconstitutional: San Francisco v. Insurance Co., 74 Cal. 113, 15

Pac. 380.

The moneys collected under this act were for the benefit of the firemen's relief fund.

ACT 2597.

An act to authorize the board of supervisors or other governing authority of the several counties, cities and counties, cities, and towns of the state to provide pensions or benefits for the relief of aged, infirm, or disabled firemen.

§ 1.

[Approved March 11, 1889. Stats. 1889, p. 108.] Amended 1901, p. 575.

Pensions for aged, infirm or disabled firemen. § 2. Qualifications of beneficiaries under this act.

Exception.

§ 3. In effect when.

Amount of pension.

§ 1. Pensions for aged, infirm or disabled firemen. The board of supervisors, or other governing authority of the several counties, cities and counties, cities and towns of the state in which fire departments exist, shall, upon the written petition of a majority of the lawfully registered electors of any such political division respectively, by appropriate ordinances, provide a fund by general tax upon the property of the county, city and county, city, or town, for the relief of aged, infirm, or disabled firemen; provided, that such disability shall be caused by exposure while in the discharge of such duty. [Amendment approved March 23, 1901. Stats. 1901, p. 575.]

§ 2. Qualifications of beneficiaries under this act. Amount of pension. Exception. No person shall be entitled to any benefits from any fund created by authority of this act, unless he shall have served as an active member in the fire department of such county, city and county, city, or town, at least fifteen years, and any person having served in the fire department of such county, city and county, city, or town, at least fifteen years, may make application to be placed on the retired list of such fire department, and he shall receive the sum of not more than twenty-five (25) dollars and not less than fifteen (15) dollars per month, to be paid out of said fund, and those members of a fire department who have been paid a stipulated salary, having served fifteen years in such fire department, shall receive an amount equal to ore-half of the salary provided by law at the time of such retirement; provided, that any person injured in the actual discharge of fire duty shall be entitled to the benefits of this act regardless of his length of service in the fire department of any such county, city and county, city, or town. [Amendment approved March 23, 1901. Stats. 1901, p. 575.]

§ 3. In effect when. passage.

This act shall take effect from and after its

ACT 2598.

An act authorizing and requiring boards or commissions having the man. agement and control of paid fire departments, to grant the members thereof yearly vacations.

[Approved March 26, 1895. Stats. 1895, p. 76.]

Amended 1. 1899, p. 57. 2. 1905, p. 39.

§ 1. Yearly vacations for members. Monthly vacations for members. To receive pay during vacations.

§ 1. Yearly vacations for members. Monthly vacations for members. To receive pay during vacations. In every city or city and county of this state where there is a regularly organized paid fire department, the board of supervisors, common council, commissions or other body having the management and control of the same are authorized and required once in every year to provide for each regu lar or permanent member thereof, a leave of absence from active duty of not less than five, nor more than fifteen days, in each year and in addition thereto a leave of absence from active duty of four days in every month of such service. Leave of absence so granted, as aforesaid, must be arranged by said board of [or] commissions, so as not to interfere with or [in] any way impair the efficiency of the said department; no deduction must be made from the salary or pay of any member of such fire department granted such leave of absence in [under] the provisions of this act. [Amendment approved March 3, 1905. Stats. 1905, p. 39. Also amended March 4, 1899. Stats. 1899, p. 57.]

§ 2. In effect when. This act shall take effect immediately.

ACT 2599.

Relating to salaries of officers of fire departments in municipalities of the first class. [Stats. 1897, p. 54.]

Unconstitutional: Popper v. Broderick, 123 Cal. 456, 56 Pac. 53.

АСТ 2600.

An act relating to fire departments of municipalities of the first class, and fixing the salaries of officers thereof.

§ 1. Salaries.

[Approved March 27, 1897. Stats. 1897, p. 192.]

§ 2. In effect when.

§ 1. Salaries. In municipalities of the first class the following offi cers of its fire department shall receive the following salaries per

annum:

Chief engineer, five thousand dollars.

Assistant chief engineer, three thousand six hundred dollars.

Secretary, or clerk, three thousand dollars.

Assistant engineers, two thousand one hundred dollars each.

Veterinary surgeons, one thousand eight hundred dollars.

Said salaries shall be paid in the same manner as is now provided by law.

§2. In effect when. This act shall take effect immediately.

Code commissioner's note. "Apparently unconstitutional, under the rule announced in Popper v. Broderick, 123 Cal. 456, 56 Pac. 53."

ACT 2601.

An act to provide for increasing the efficiency of fire departments within municipalities of the first class in the state of California.

1.

[Approved March 4, 1897. Stats. 1897, p. 61.]

Providing for organization of fire department. Purchase of apparatus, etc.

§ 2. Control of appointees.

§3.

City council defined.

§ 4. In effect when.

§ 1. Providing for organization of fire department. Purchase of apparatus, etc. Whenever the public interest, safety, or convenience may require, or it be deemed expedient, the city council of any municipality of the first class may, by ordinance, make and enforce such rules and regulations within said municipality as may be necessary or proper for increasing the efficiency of its fire department, and to that end, among other things, may provide for and authorize the appointment and continued employment of such officers, engineers, members, firemen, employees, and other help in and for said fire department, in addition to those whose employment is now or may be hereafter authorized by law, as the needs of said department may require; and may fix their salaries and compensation, and may increase the salaries and compensation of the officers, engineers, members, firemen, employees, and other help now or hereafter authorized by law, whose salaries and compensation, as now or hereafter fixed, may be deemed inadequate. And said city council may in like manner provide for the purchase and repair, and authorize to be purchased and kept in repair, in addition to those for the purchase and repair of which provision is now or may be hereafter made by law, all additional engines, horses, hook-and-ladder wagons, and all such other engines, machinery, implements, extinguishers, and other apparatus that may be necessary, advantageous, or auxiliary, to extinguish or afford adequate protection against fire. And in order to provide the necessary funds with which to accomplish the foregoing ends, may make all necessary and supplementary appropriations, allowances, and payments in addition to those now or hereafter authorized by law.

§ 2. Control of appointees. The officers, engineers, members, firemen, employees, and other help to be appointed as provided in section one of this act, shall be appointed, governed, and controlled in the same manner and by the same laws as their fellow-officers, engineers, members, firemen, employees, and other help whose appointment is now or may be hereafter authorized by law are appointed, gov erned, and controlled. The engines, wagons, machinery, implements, extinguishers, and other apparatus, the purchase and repair of which are authorized by section one of this act, shall be purchased and repaired in like manner and under the same regulations as like articles, the purchase and repair of which are now or may be hereafter authorized by law are purchased and repaired.

§3. City council defined. The term "city council" as used in this act is hereby declared to include any body or bodies, board or

boards, which, under law, constitute the legislative department of any municipality of the first class.

§ 4. In effect when. This act shall take effect and be in force from and after its passage.

As to the constitutionality of this statute, see Popper v. Broderick, 123 Cal. 456, 56 Pac. 53.

АСТ 2611.

TITLE 200.
FIRE DISTRICTS.

An act to provide for the disincorporation and discontinuance of fire districts where the same become wholly or partly within the corporate limits of a town or city, incorporated subsequently to the organization thereof, and providing for the disposal of the property of such districts.

[Approved March 20, 1909. Stats. 1909, p. 576.]

§ 1. Discontinuance of fire districts, proceedings for.

§ 2.

§ 3.

§ 4.

Change of districts.

Order of discontinuance to be recorded.
In effect when.

§ 1. Discontinuance of fire districts, proceedings for. Whenever the territory comprising a fire district organized under the laws of this state, governing the organization and establishment of fire districts and fire departments in unincorporated towns or villages in this state, shall be wholly within, or be identical with the corporate limits of a town or city, which shall have become incorporated as a municipality, after said fire district was organized and established, the board of supervisors of any county in which any such fire district shall have been or may be hereafter established at any time, upon the written verified petition of the inhabitants of any such fire district, whose names appear upon the last preceding assessment-roll of the county, town or city within which said fire district is located, owning or representing more than one-half in value of the assessed real property of such fire district, or owning or representing more than one-half in value of the assessed real property in such fire district owned by the residents thereof, may, by a resolution adopted and entered in their minutes, discontinue such fire district, and declare the same to be disincorporated; and upon such action being taken by said board of supervisors, the board of fire commissioners of such fire district, shall turn over to any fire department organized by the board of trustees of said town or city, or to the board of trustees of said town or city, all the property of such fire district or fire department; such town or city to pay all the debts of said fire district, and department, and thereupon said fire district shall be discontinued and disincorporated.

§ 2. Change of districts. Whenever any portion of the territory of any fire district heretofore or hereafter established shall be incorporated into the corporate limits of any incorporated town or city, the board of supervisors of the county in which such fire district is located, upon the written verified petition of the inhabitants of such incorporated portion of such fire district, whose names appear upon the last preceding assessment-roll of the county, city or town