an amount not exceeding five hundred dollars; provided, that Proviso. no buildings shall be erected for said school, until a deed in fee simple of the land selected by the Board of Trustees of the State Normal School shall be made to the State. building. SEC. 3. The sum of fifty thousand dollars is hereby appro- Appropriapriated out of any money in the General Fund of the State tion for not otherwise appropriated, for the building of said Northern Branch State Normal School, and forwarding the same. SEC. 4. The Controller of State shall draw warrants from How to be time to time as the work shall progress in favor of said Board expended. of Trustees of the said State Normal School, upon their requisition for the same; provided, that the cost to this State for Proviso. the erection of said Normal School buildings shall not exceed the amount herein appropriated. ernment. SEC. 5. Said Northern Branch State Normal School shall Laws of govbe governed and regulated by the same laws now governing and regulating the State Normal School. SEC. 6. The said buildings shall be erected, and the mon- Labor by eys herein appropriated therefor expended, under the direc- day's work. tion of the Board of Trustees of the State Normal School, and all labor performed upon said buildings shall be by the day's work. SEC. 7. This Act shall take effect and be in force from and after its passage. CHAPTER LIV. An Act to amend sections one thousand and thirty-three, one thousand and thirty-four, and one thousand and thirty-five of an Act entitled "An Act to establish a Penal Code," approved Febru ary 14, 1872, relating to the removal of criminal actions before trial. [Approved March 9, 1887.] The People of the State of California, represented in Senate and SECTION 1. Section one thousand and thirty-three of the 1033. A criminal action may be removed from the Court Pending in which it is pending: criminal action re Court. First-On the application of the defendant, on the ground moved from that a fair and impartial trial cannot be had in the county where the action is pending. Second-On the application of the District Attorney, on the How. ground that from any cause no jury can be obtained for the trial of the defendant in the county where the action is pending. SEC. 2. Section one thousand and thirty-four of said Code is amended to read as follows: application. 1034. The application must be made in open Court and Manner of in writing, verified by the affidavit of the defendant or of making the the District Attorney, as the case may be, a copy of which application must be served upon the attorney of the adverse party at least one day prior to the hearing of the applicaApplication tion. Whenever the affidavit of the defendant shows that he by defend ant's attor ney. Duties of Actions pending date of passage of Act. cannot safely appear in person to make such application because popular prejudice is so great as to endanger his personal safety, and such statement is sustained by other testimony, such application may be made by his attorney, and shall be heard and determined in the absence of the defendant, notwithstanding the charge then pending against him be a felony, and he has not at the time of such application been arrested or given bail, or been arraigned, or pleaded, or demurred to the indictment or information. SEC. 3. Section one thousand and thirty-five of said Code is amended to read as follows: 1035. If the Court be satisfied that the representations of the applicant are true, an order must be made transferring the action to the proper Court of some convenient county free from a like objection. SEC. 4. The provisions of this Act shall not apply to criminal actions pending at the date of the passage of this Act. SEC. 5. This Act shall take effect from and after the date of its passage. Appropria tion. Suping Bureau. port of Min CHAPTER LV. An Act making an appropriation for the support and maintenance of the State Mining Bureau, for the thirty-ninth and fortieth fiscal years. [Approved March 9, 1887.] The People of the State of California, represented in Senate and SECTION 1. The sum of sixty thousand dollars is hereby appropriated out of any money in the General Fund of the State Treasury not otherwise appropriated, for the support and maintenance of the Mining Bureau created under an Act entitled "An Act to provide for the establishment and maintenance of a Mining Bureau," approved April sixteenth, eighteen hundred and eighty, and the Act supplementary thereto, approved March twenty-first, eighteen hundred and Geological eighty-five; and at least fifty per cent of this appropriation shall be used for geological work in the field. works. How expended. SEC. 2. Not more than one half of the said sum appropriated under this Act shall be expended during the thirty-ninth fiscal year. SEC. 3. This Act shall take effect immediately. CHAPTER LVI. An Act to amend an Act entitled an Act to amend an Act to incorporate the Town of Chico, Butte County, California, approved March 23, 1878. [Approved March 9, 1887.] The People of the State of California, represented in Senate and SECTION 1. Section two of said Act is hereby amended to read as follows: limits of Section 2. The corporate limits of the Town of Chico shall Defining be and remain as heretofore known of said Town of Chico, as Town of follows: Commencing at the westerly end of First or Front Chico. Street, where Oak Street intersects it, and following the north side of Front Street to its intersection with Sierra Avenue; thence along the north side of said avenue to Orient Street; thence along the east side of Orient Street in a southerly direction to the center of Little Chico Creek, at a point opposite Humboldt Avenue; thence down and along the center of Little Chico Creek, at a point opposite Oak Street, and thence along and with the west side of Oak Street to the place of beginning. Said town shall be divided into four Wards. wards, as follows: All that part of said town lying north of First Ward. Fifth Street and east of Salem, shall constitute the First Ward; all lying south of Fifth Street and east of Salem, shall con- Second stitute the Second Ward; all lying south of Fifth Street and Ward. west of Salem, shall constitute the Third Ward; and all lying Fourth north of Fifth Street and west of Salem shall constitute the Fourth Ward. The Board of Trustees shall have power to Power to change the boundaries of said wards; but no change shall boundaries. be made within thirty days prior to any municipal election. SEC. 2. Section four of said Act is hereby amended to read as follows, to wit: Third Ward. Ward. change Trustees. filling vacancies. Section 4. On the first Monday of February of each year Time of there shall be elected from and by the qualified electors of electies said town the successors of the Trustees then in office, and whose terms are about to expire, and the term of office of such successors shall be two years from and after the first Monday of March next succeeding their election. In case Manner of any vacancy shall occur in said Board of Trustees the same shall be filled by a vote of the majority of the remaining members of the Board, and said appointee shall hold his office until the next election of Trustees, when said office shall be filled for the unexpired term by election; at the election Time for to be held in eighteen hundred and eighty-seven, there shall election of be elected one Trustee from the Fourth Ward; at the election different to be held in eighteen hundred and eighty-eight, one Trustee shall be elected from the First Ward, and one at large; and at the election to be held in eighteen hundred and eightynine, a Trustee shall be elected from each the Second and Third Wards. It shall be the duty of the Trustees to cause register. Trustees in wards. Printing of Election of urer and police force. Salary of Marshal as ex officio Collector. Defining duties of Marshal. Bonds. to be printed, at least ten days prior to an election, the names of the qualified electors. SEC. 3. Section eight of said Act is amended to read as follows, to wit: Section 8. There shall be elected, at the annual election for Trustees for the Town of Chico, a Marshal. The Board ment Treas of Trustees shall have power, and it shall be their duty, to appoint a Treasurer and the police force required, and to make such regulations governing the police force as they may deem necessary, and to provide for the payment of their salaries for services rendered. The Marshal shall be ex officio Assessor and Collector, and shall receive two hundred dollars Assessor and for the same, and shall collect such taxes as may be levied by the Board of Trustees, and shall pay such taxes over to the Treasurer, taking his receipt therefor. He shall collect and pay over to the Treasurer all fines and costs levied and imposed, by reason of a violation of an ordinance of the town, and for such purpose shall have the power conferred by law upon Constables. He shall arrest all persons against whom a warrant shall be directed and delivered to him from any Justice of the Peace or Police Judge of the town, and may arrest, without a warrant, any person actually engaged, in his presence, in a violation of an ordinance. He shall give bonds in the sum of two thousand dollars, conditioned for the faithful performance of his duties, and shall receive, as compensation, seventy-five dollars per month, and said salary shall be provided for by the Board of Trustees, out of the General Fund of the town. He shall receive no other compensation for his services than that provided for in this section, except ten per cent upon all poll taxes collected by him. It shall be the duty of said Marshal to perform the duties of a day policeman. It shall be the duty of the Treasurer to receive all moneys due the town, to pay all warrants drawn by order of the Board, signed by the Secretary and countersigned by the President, and to keep an accurate account of all receipts and expenditures, and to present to the Board a full report of the financial condition of the corporation one month before the annual election, and at such times as the Board may require. He shall give bonds in the sum of five thousand dollars, conditioned for the faithful performance of his duties, and shall receive, as compensation for his services, an annual salary of such sum as the Board may award him, not to exceed one hundred dollars per annum. Defining duties of Treasurer. Bonds. Salary. Quorum. SEC. 4. Section nine of said Act is hereby amended to read as follows, to wit: Section 9. Á majority of the Trustees shall constitute a quorum to do business, but no ordinance, resolution, or order shall have any validity unless passed by the votes of three of the Trustees voting in favor thereof. They shall be allowed no compensation for their services. SEC. 5. Section ten of said Act is hereby amended to read as follows, to wit: Section 10. The Board of Trustees shall have power: town not repugnant to the Constitution and laws of this State. annual tax. Second-To levy and collect annually for the current ex- Levying and penses of said town a tax not exceeding three fourths of collecting of one per cent upon the assessed valuation of all the property, both real and personal, owned within said town, and also when any indebtedness shall be incurred as provided in this Act, to levy and collect an additional tax of not exceeding Sinking three eighths of one per cent to pay the interest thereon and to provide a sinking fund to pay the principal within twenty years from the time of incurring such indebtedness. fund. Third-To impose and collect a road poll tax, not to exceed Road poll two dollars per annum, on each male inhabitant of said town tax. of the age of twenty-one years and upwards, and no other road poll tax shall be collected within the limits of said town. Fourth-To impose and collect a tax, not to exceed two Dog tax. dollars per annum, on every dog owned within the limits of said town, and no other dog tax shall be collected in said town. Fifth-To establish and alter fire limits; to erect, purchase, Fire limits. or lease proper buildings for a fire department; to purchase, hold, and maintain one or more fire engines, and such apparatus and implements for the prevention and extinguishment of fires as may be necessary, and to establish, regulate, and control a fire department in said town. storage of Sixth--To regulate the storage of gunpowder, tar, pitch, Regulating rosin, and other explosive or combustible materials; to regu- explosives. late the erection of steam boilers and engines, and to prohibit the erection thereof in places deemed dangerous to inhabitants of said town. nuisances. Seventh-To determine what are nuisances; to prevent, Regulating remove, or abate the same at the expense of the party causing such nuisance; to control and regulate soap and glue works, slaughter houses, tanneries, and other offensive trades, and to provide for their exclusion or removal from the town or any part thereof. animals at large. Eighth-To prevent any or all domestic animals from run- Domestic ning at large within the limits of said town, either all or a portion of the time; to prevent the leaving of animals in any street or alley without securely fastening the same; to prohibit the fastening to or otherwise destroying or injuring any fence, gate, or building, lamp-post, hydrant, tree, or case around a tree in said town, and to regulate and prohibit fast driving in any portion of the town. diseases. Ninth-To provide for the regulation and prevention of Regulating contagious diseases; to provide and enforce regulations for contagious the protection of health and cleanliness; to control and regulate interments, and to provide for the prevention and summary removal of all filth and garbage. fees of Tenth-To establish a pound and Poundkeeper, and pre- Duties and scribe his duties and fees; to provide for a public sale by the PoundPoundkeeper of all animals that shall be impounded; to keeper. provide when and what animals shall be impounded; to |