of the county, under and as provided in title seven, part three, of the Code of Civil Procedure. SEC. 2. This Act shall take effect immediately. CHAPTER CXXXV. An Act to add a new section, to be numbered four hundred and twenty-five, to an Act entitled "An Act to establish a Political Code," approved March 12, 1872, relating to increasing police force of State Capitol grounds. [Approved March 15, 1887.] The People of the State of California, represented in Senate and SECTION 1. There is added a new section to the Political Code, as follows, to be numbered four hundred and twentyfive: point two 425. The Board of Capitol Commissioners shall appoint Commissiontwo special policemen, to hold office during its pleasure, for ers to apthe State Capitol grounds, who shall have the power of peace policemen. officers, and receive for their services a salary of one hundred Compensa dollars per month each. tion. tion. SEC. 2. There is hereby appropriated out of any money Appropriain the State Treasury not otherwise appropriated, the sum of fifty-four hundred dollars, to pay the salaries of the two special policemen by this Act provided to be appointed, commencing April first, eighteen hundred and eighty-seven. SEC. 3. This Act shall take effect immediately. CHAPTER CXXXVI. An Act to amend section three thousand seven hundred and thirteen of the Political Code, relating to levy of taxes. [Approved March 15, 1887.] The People of the State of California, represented in Senate and to fix ad va SECTION 1. Section three thousand seven hundred and thirteen of the Political Code is hereby amended so as to read: 3713. The State Board of Equalization must, for State Board of purposes, for the thirty-ninth and fortieth fiscal years, and Equalization for the deficiencies that have accrued during the thirty- lorem tax. seventh and thirty-eight fiscal years, fix such an ad valorem rate of taxation upon each one hundred dollars in value of taxable property of this State as, after allowing twelve per cent for delinquencies in and costs of collection of taxes, as Thirty-ninth provided in section three thousand six hundred and ninetyfiscal year. six of the Political Code, will raise for the thirty-ninth fiscal General School Fund. Interest and Sinking Fund. Fortieth fiscal year. General Fund. School Fund. Interest and year: First-For the General Fund, three million two hundred and twenty-five thousand dollars. Second-For the School Fund, one million six hundred thousand dollars. Third-For the Interest and Sinking Fund, two hundred thousand dollars. And for the fortieth fiscal year: First-For the General Fund, two million eight hundred and fourteen thousand dollars. Second-For the School Fund, one million eight hundred thousand dollars. Third-For the Interest and Sinking Fund, two hundred thousand dollars. Lien upon property they have bestowed labor. CHAPTER CXXXVII. An Act to amend sections one thousand one hundred and eightythree, one thousand one hundred and eighty-four, one thousand one hundred and eighty-seven, one thousand one hundred and ninety-one, and to repeal section one thousand two hundred and three of an Act of the Legislature of the State of California entitled "An Act to establish a Code of Civil Procedure," approved March 11, 1872, all relating to liens of mechanics and others. [Approved March 15, 1887.] The People of the State of California, represented in Senate and SECTION 1. Section eleven hundred and eighty-three of the Code of Civil Procedure is amended so as to read as follows: 1183. Mechanics, material men, contractors, subcontractpon which ors, artisans, architects, machinists, builders, miners, and all persons and laborers of every class, performing labor upon or furnishing materials to be used in the construction, alteration, addition to, or repair, either in whole or in part, of any building, wharf, bridge, ditch, flume, aqueduct, tunnel, fence, machinery, railroad, wagon road, or other structure, shall have a lien upon the property upon which they have bestowed labor, or furnished materials, for the value of such labor done and materials furnished, whether at the instance of the owner or of any other person acting by his authority, or under him, as contractor or otherwise; and any person who performs labor in any mining claim or claims, has a lien upon the same, and the works owned and used by the owners for reducing the ores from such mining claim or claims, for the work or labor done, or materials furnished by each respectively, whether done or furnished at the instance of the owner of the building or other improvement, or his agent; and every contractor, subcontractor, architect, builder, writing. or other person having charge of any mining, or of the construction, alteration, addition to, or repair, either in whole or in part, of any building or other improvement as aforesaid, shall be held to be the agent of the owner, for purposes of this chapter. In case of a contract for the work, between the reputed owner and his contractor, the lien shall extend to the entire contract price, and such contract shall operate as a lien in favor of all persons, except the contractor, to the extent of the whole contract price; and after all such liens are satisfied then as a lien for any balance of the contract price in favor of the contractor. All such contracts shall be Contracts in writing when the amount agreed to be paid thereunder shall be in exceeds one thousand dollars, and shall be subscribed by the parties thereto, and the said contract, or a memorandum thereof, setting forth the names of all the parties to the contract, a description of the property to be affected thereby, together with a statement of the general character of the work to be done, the total amount to be paid thereunder, and the amounts of all partial payments, together with the times when such payments shall be due and payable, shall, before the work is commenced, be filed in the office of the County Recorder of the county, or city and county, where the property is situated, who shall receive one dollar for such filing; otherwise they shall be wholly void, and no recovery shall be had thereon by either party thereto; and in such case, the labor done and materials furnished by all persons aforesaid, except the contractor, shall be deemed to have been done and furnished at the personal instance of the owner, and they shall have a lien for the value thereof. SEC. 2. Section one thousand one hundred and eightyfour of the Code of Civil Procedure is hereby amended so as to read as follows: pay 1184. No part of the contract price shall, by the terms of Contract any such contract, be made payable, nor shall the same or price any part thereof be paid in advance of the commencement stallments. of the work, but the contract price shall, by the terms of the contract, be made payable in installments at specified times after the commencement of the work, or on the completion of specified portions of the work, or on the completion of the whole work; provided, that at least twenty-five per cent of the Proviso. whole contract price shall be made payable at least thirtyfive days after the final completion of the contract. No payment made prior to the time when the same is due, under the terms and conditions of the contract, shall be valid for the purpose of defeating, diminishing, or discharging any lien in favor of any person, except the contractor, but as to such liens, such payment shall be deemed as if not made, and shall be applicable to such liens, notwithstanding that the contractor to whom it was paid may thereafter abandon his contract, or be or become indebted to the reputed owner in any amount for damages or otherwise, for non-performance of his contract or otherwise. As to all liens, except that of the contractor, the whole contract price shall be payable in money, and shall not be diminished by any prior or subsequent indebtedness, offset, or counterclaim, in favor of the reputed Written notice of labor performed. delivered. owner and against the contractor; no alteration of any such contract shall affect any lien acquired under the provisions of this chapter. In case such contracts and alterations thereof do not conform substantially to the provisions of this section, the labor done and materials furnished by all persons except the contractor shall be deemed to have been done and furnished at the personal instance and request of the person who contracted with the contractor, and they shall have a lien for the value thereof. Any of the persons mentioned in section eleven hundred and eighty-three, except the contractor, may at any time give to the reputed owner a written notice that they have performed labor or furnished materials, or both, to the contractor, or other person acting by authority of the reputed owner, or that they have agreed to do so, stating in general terms the kind of labor and materials, and the name of the person to or for whom the same was done or furnished, or both, and the amount in value, as near as may be, of that already done or furnished, or both, and of the Notice, how whole agreed to be done or furnished, or both. Such notice may be given by delivering the same to the reputed owner personally, or by leaving it at his residence or place of business, with some person in charge, or by delivering it to his architects, or by leaving it at their residence or place of business, with some person in charge, or by posting it in a conspicuous place upon the mining claim or improvement. No such notice shall be invalid by reason of any defect of form, provided it is sufficient to inform the reputed owner of the substantial matters herein provided for, or to put him upon inquiry as to such matters. Upon such notice being given, it shall be the duty of the person who contracted with the contractor to, and he shall, withhold from his contractor, or from any other person acting under such reputed owner, and to whom by said notice the said labor or materials, or both, have been furnished, or agreed to be furnished, sufficient money due, or that may become due to such contractor, or other person, to answer such claim and any lien that may be filed therefor for record under this chapter, including counsel fees not exceeding one hundred dollars in each case, besides reasonable costs provided for in this chapter. Time and place of filing claim. SEC. 3. Section eleven hundred and eighty-seven of the 1187. Every original contractor, within sixty days after T 1 of property. contract, and also a description of the property to be charged Description with the lien, sufficient for identification, which claim must be verified by the oath of himself, or of some other person; any trivial imperfection in the said work, or in the construction of any building, improvement, or structure, or of the alteration, addition to, or repair thereof, shall not be deemed such a lack of completion as to prevent the filing of any lien; and in case of contracts, the occupation or use of the building, improvement, or structure by the owner, or his representative, or the acceptance by said owner or his agent of said building, improvement, or structure, shall be deemed conclusive evidence of completion; and cessation from labor for thirty days upon any unfinished contract or upon any unfinished building, improvement, or structure, or the alteration, addition to, or repair thereof, shall be deemed equivalent to a completion thereof for all the purposes of this chapter. SEC. 4. Section one thousand one hundred and ninetyone of the Code of Civil Procedure is hereby amended so as to read as follows: 1191. Any person who, at the request of the reputed Lien upon owner of any lot in any incorporated city or town, grades, lot for imfills in, or otherwise improves the same, or the street or sidewalk in front of or adjoining the same, or constructs any areas, or vaults, or cellars, or rooms, under said sidewalks, or makes any improvements in connection therewith, has a lien upon said lot for his work done and materials furnished. SEC. 5. Section one thousand two hundred and three of the Code of Civil Procedure is hereby repealed. SEC. 6. This Act shall take effect and be in force from and after its passage. CHAPTER CXXXVIII. An Act to provide for the deficiency in the appropriation for traveling expenses of the Board of Railroad Commissioners, for the thirty-third fiscal year. [Approved March 15, 1887.] The People of the State of California, represented in Senate and 50 ciency SECTION 1. The sum of eighty-six and fifty one hundredths. Appropriadollars ($86,5%) is hereby appropriated out of any money in tion. Defithe State Treasury not otherwise appropriated, to pay the Board of deficiency in the appropriation for the traveling expenses of Commisthe Board of Railroad Commissioners, for the thirty-third sioners. fiscal year. SEC. 2. This Act shall take effect immediately. Railroad |