board in carrying out the purposes of this act; and prescribing the procedure for carrying out the provisions of this act. [Approved May 29, 1923. Stats. 1923, p. 495.] § 1. Survey of forest lands. Those suitable for public parks to be designated. Designated lands to be acquired. Rights of way. Examination and purchase of park lands upon application of § 2. § 3. § 1. Survey of forest lands. Those suitable for public parks to be designated. The state board of forestry is hereby authorized and directed to make a survey of forest lands in this state and report upon such lands suitable for use as public parks. Said board is directed to divide the state into general sections for the purposes of said survey, and to file its report on each of such sections as soon as the survey of each section is complete. In making selections of such lands for park purposes and in passing upon applications provided for in section three hereof, the said board shall give due consideration to the maintenance of the integrity of logging units. Said report shall designate by accurate description the specific areas which said board recommends should be acquired by the state for park purposes and said reports shall be filed with the secretary of state. § 2. Designated lands to be acquired. Rights of way. Upon the filing of its report upon any section, the said board of forestry is hereby authorized to acquire for and in the name of the people of the state of California, any land in said selected areas designated in said report, either by gift, donation, contribution, purchase, devise, or proceedings in eminent domain; also to receive and accept at any time by gift, donation, contribution or bequest, money to be used for said survey, for the acquisition of said lands, and/or the care and maintenance thereof; provided, that nothing herein contained shall be construed to abridge or curtail any existing right of owners of forest lands adjacent to land acquired hereunder to cross said acquired lands, and said board of forestry shall have the power to grant such necessary rights of way. § 3. Examination and purchase of park lands upon application of private individuals. Deposit. Notice to owner. Upon written application by any person, designating with accuracy all or any part of such park land area the state board of forestry shall examine such desig nated lands and in writing, approve or disapprove such designated land for park purposes; if said board approves such land, it shall then be the duty of said board to appraise such land and to advise such person of the sum of money necessary, in the opinion of said board, for the acquisition of such designated land; provided, however, that any expenses occasioned by such examination and/or appraisement shall be deposited in advance by the person so applying. Said appraisement and approval shall be filed with the secretary of state. Deposit. Any person may, at any time within ninety days after the filing of such appraisement and approval, deposit a sum of money with the treasurer of the state of California together with a description of any land so approved and included within the areas designated by any report of the state board of forestry as herein provided, with the declaration that he desires said described lands to be acquired for the use of the people of the state of California for park purposes; and sum so deposited, equal in amount to the appraisement of the state board of forestry, shall be used by said state board of forestry for the acquisition, maintenance and preservation of the park land so described. No action to condemn any such land shall be commenced until the amount of such appraisement is deposited. Notice to owner. Upon the owner of any land filing with the state board of forestry a written request therefor, specifying an address within this state, the state board of forestry shall mail forthwith to such address of the owner of any land designated under this section a copy of any application, a copy of any approval or disapproval, and a copy of any appraisement, and shall advise such owner of any deposit of money made and the amount thereof. Nor shall any condemnation proceeding be brought if the owner of such land shall file his written acceptance of any sum deposited or part thereof as the purchase price of such land. § 4. Name of park acquired by gift. Any lands acquired hereunder through gifts of money used for acquiring the same, or by donation, gift or devise, may be known by any name designated by the donor and approved by the state board of forestry. § 5. Procedure where deposit is insufficient. Should there be rendered in any condemnation action a judgment for a greater amount than the money deposited in the state treasury, the person so depositing said money shall have the right to deposit a sum additional thereto, sufficient to cover the amount of said judgment and all costs and expenses, in which event said condemnation shall be proceeded with, and said lands passed to the state of California. Should, however, said additional deposit not be made within thirty days from entry of judgment as herein provided, then said judgment shall be set aside, the court being hereby authorized to set said judgment aside, and to render a judgment for all costs and expenses on behalf of the defendant or defendants and all costs on behalf of the state of California, which costs and expenses shall be paid out of the fund on deposit in the state treasury as herein before provided. § 6. Return of balance of deposit. In the event, as in the previous section set forth, the depositor of the money in the treasury should not enlarge such deposit to cover the judgment and costs and expenses, after the payment of all costs of the state of California and the expenses of defendant from said fund, the remainder of said fund shall, by the treasurer, on the certificate of the governer and the attorney general, be paid to the depositor thereof. § 7. Procedure where deposit too large. If, in said proceedings for condemnation, a judgment should be rendered for a less amount than the amount deposited in the treasury and said lands thereby become the property of the state, after deducting all expenses of the state and the defendant in said proceedings, the residue or remainder of said sum in the treasury shall, on the certificate of the governor and the attorney general, be paid to the depositor of said moneys. § 8. Payment for lands, etc. The value of said lands and the expenses of the defendant in such proceedings, determined by judgment in condemnation shall be paid by the treasurer of the state of California to the defendant in said action from any moneys paid into the treasury as in this act provided. § 9. Compensation in eminent domain proceedings. In any case where land is acquired hereunder by proceedings in eminent domain, all costs and expenses, including costs of appeal, no matter by whom such appeal may be taken, shall be borne by the state of California from the funds so deposited with the treasurer and in awarding damages to the person whose property may be so taken, the court or jury shall be and is hereby required to include as damages any and all detriment which may be occasioned to such person through the taking, including damage to the business of such person, and to the property of such person not taken, and to the value of such property last mentioned, whether it be contiguous or not to that taken, if such property not taken be used or is susceptible of use in conjunction with the property that is taken-the intention hereof being that the person whose property is taken shall be fully compensated for loss of value of the property and business which is not taken, but nothing herein contained shall be construed as requiring or permitting com pensation to be awarded for injury to good will of any business. All statutory provisions applicable to proceedings in eminent domain, not inconsistent herewith, shall apply to such proceedings brought here. under. § 10. Powers of control of board of forestry. The state board of forestry shall have full power and control over any lands acquired hereunder and over any funds provided for the purchase and maintenance of the same, and shall make and enforce all necessary rules and regulations for the care, maintenance and government of the same and for the carrying out of the purposes of this act and shall be allowed out of any money available or deposited under the terms hereof, all expenses necessary and requisite to carry out the purposes of this act. § 11. Examination of title to lands. No payment on any piece of land to be acquired under this act shall be made until an abstract or abstracts of title shall have been furnished to the attorney general of the state of California, and the said attorney general shall have examined said abstract or abstract of title and shall have rendered and delivered to the said state board of forestry, his opinion in writing, certifying that no valid liens or encumbrances exist on said land, and that the title to said lands and the whole thereof is good and valid. It is hereby made the duty of the attorney general to examine said abstract or abstracts of title and to deliver and render to said board of forestry his said opinion in writing. The opinion of the attorney general, together with the said abstract or abstracts of title shall be filed in the office of the secretary of state. § 12. Limitations. Nothing herein contained shall in any way interfere with existing rights in eminent domain which the state of California or the state highway commission may now lave; nor shall this act prevent acceptance at any time of gifts of money, timber or lands pending the report of the state forestry board. ACT 2698. An act to prevent the destruction of wild game within certain territory lying within the boundaries of the Cleveland national forest, in the state of California, and providing a penalty therefor. [Approved June 16, 1913. Stats. 1913, p. 952.] ACT 2709. ACT 2719. TITLE 208. FORT JONES. Incorporation of. [Stats. 1871-72, p. 387.] TITLE 209. An act providing for the cancellation of bonds given to secure the performance of the terms and conditions of franchises or privileges granted by the legislative or other governing body of counties or municipalities, the release of the sureties on such bonds, and the filing and acceptance of new bonds in lieu thereof. [Approved March 20, 1907. Stats. 1907, p. 747.] § 1. Bonds to secure conditions of franchises. Petition of sureties for Corporation as surety. § 1. Bonds to secure conditions of franchises. Petition of sureties for release. New bonds, conditions for. Corporation as surety. That in all cases where a bond or bonds have been given to secure the observance, fulfillment and performance of each and every term or condition, terms or conditions, or any thereof, of a franchise or privilege granted by a board of supervisors, board or trustees or common council, or other governing or legislative body of any county, city and county, city or town within this state, the governing or legislative body of such county, city and county, city or town may, upon the petition of the owner of said franchise or privilege, or upon the petition of the sureties on said bond or bonds, or upon the petition of any one or more of said sureties cancel and annul said bond or bonds, and release the sureties thereon from any future liability, and accept and take in lieu thereof a new bond or bonds to be approved by the governing or legislative body of such county, city and county, city or town, in the same penal sum and containing the same terms and conditions as the bond or bonds so canceled and annulled; which new bond or bonds must be executed by the owner of said franchise or privilege and by new sureties satisfactory to the governing or legislative body of such county, city and county, city or town; provided, that any person, firm or corporation who acted as surety on the old bond or bonds so canceled and annulled may act as surety on the new bond or bonds, if the same be satisfactory to the governing or legislative body of such county, city and county, city or town. § 2. When old bond shall become annulled. Immediately upon the acceptance by the governing or legislative body of such county, city and county, city or town of any new bond or bonds, filed with the governing or legislative body of such county, city and county, city or town as herein provided for, the old bond or bonds shall become canceled and annulled, and the sureties thereon shall by such cancellation and annulment be released from any future liability on such old bond or bonds, but such cancellation and annulment shall not release said sureties from any past liability; and thereafter the new bond or bonds, herein provided for, shall take the place of such old bond or bonds. § 3. In effect when. This act shall take effect immediately. ACT 2720. An act providing for the sale of street railroad and other franchises in counties and municipalities, and providing conditions for the granting of such franchises by legislative or other governing bodies, and repealing conflicting acts. [Approved March 22, 1905. Stats. 1905, p. 777.] Amended 1. 1909, p. 125. 2. 1915, p. 1300. Publication must state character of and term for which it is § 1. Street franchises granted on condition. § 2. Franchise, advertisement of application for. § 3. § 4. § 5. § 6. § 7. § 8. § 9. Duty of attorney general. § 10. Sold to highest bidder. Highest bid may be increased. Check Bond of successful bidder. When and where filed. Failure to file. Certain clauses and conditions to be omitted. § 11. Conflicting acts repealed. Certain acts not repealed. § 1. Street franchises granted on condition. Every franchise or privilege to erect or lay telegraph or telephone wires, to construct or operate street or interurban railroads upon any public street or highway, to lay gas-pipes for the purpose of carrying gas for light, heat or power, to erect poles or wires for transmitting electricity for light, heat or power, along or upon any public street or highway, or to exercise any other privilege whatever hereafter proposed to be granted by boards of supervisors, boards of trustees or common councils, or other governing or legislative bodies of any county, city and county, city or town within this state, except steam railroads and except telegraph or telephone lines doing an interstate business, and renewals of franchises for piers, chutes or wharves, shall be granted upon the conditions in this act provided, and not otherwise. The grantor may, how |