Sheriff for conveying CHAPTER CXXXVI. An Act to allow compensation to Sheriffs for conveying prisoners to the State Prisons, and insane persons to the Insane Asylums. [Approved March 14, 1885.] The People of the State of California, represented in Senate and Allowance to SECTION 1. There shall be allowed by the State Board of Examiners to the Sheriff, for delivering a prisoner to either of the State Prisons, actual expenses and five dollars per diem for the time necessarily consumed in delivering such prisoner. insane and prisoners. SEC. 2. There shall be allowed by the State Board of Examiners to the Sheriff, for delivering an insane person to either of the Insane Asylums, his actual expenses and the. same per diem as is allowed in section one of this Act. SEC. 3. This Act shall take effect and be in force from and after its passage. Districts. Number seventeen. Number eight. CHAPTER CXXXVII. An Act to amend section eight of an Act entitled "An Act to form agricultural districts, to provide for the organization of agricultural associations therein, and for the management and control of the same by the State," approved April 15, 1880. [Approved March 14, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section eight of the Act recited in the title hereto is amended so as to read as follows: Agricultural Section 8. The Counties of Nevada and Placer shall constitute Agricultural District Number Seventeen; and the Counties of Alpine, Amador, El Dorado, and Mono, shall constitute Agricultural District Number Eight. And the sum of three thousand dollars is hereby appropriated out of Appropria- any money in the State Treasury not otherwise appropriated, for the aid of District Agricultural Society Number Seventeen, to be audited and paid the same as appropriations for other district agricultural societies. ti n. SEC. 2. This Act shall take effect immediately. CHAPTER CXXXVIII. An Act to amend an Act entitled "An Act to provide for the organization, incorporation, and government of municipal corporations," approved March 18, 1883, by amending section eight hundred and sixty-two thereof, relative to the powers of the Boards of Trustees of cities of the sixth class. [Approved March 14, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section eight hundred and sixty-two of an Act entitled "An Act to provide for the organization, incorporation, and government of municipal corporations," approved March thirteenth, eighteen hundred and eighty-three, is hereby amended so as to read as follows: 862. The Board of Trustees of said city shall have power: Power of First-To pass ordinances, not in conflict with the Constitution and laws of this State, or of the United States. Board of Trustees of cities relating to property. Second-To purchase, lease, or receive such real estate and real estate personal property as may be necessary or proper for munici- and personal pal purposes, and to control, dispose of, and convey the same for the benefit of the city or town; provided, that they shall not have power to sell or convey any portion of any waterfront. Third-To contract for supplying the city or town with water for municipal purposes, or to acquire, construct, repair, water. and manage pumps, aqueducts, reservoirs, or other works necessary or proper for supplying water for the use of such city or its inhabitants, or for irrigating purposes therein. Fourth-To establish, build, and repair bridges; to establish, streets and lay out, alter, keep open, open, improve, and repair streets, bridges. sidewalks, alleys, squares, and other public highways and places within the city or town, and to drain, sprinkle, and light the same; to remove all obstructions therefrom; to establish the grades thereof; to grade, pave, macadamize, gravel, and curb the same, in whole or in part, and to construct gutters, culverts, sidewalks, and crosswalks therein, or on any part thereof; to cause to be planted, set out, and cul- Trees. tivated, shade trees therein; and generally to manage and control all such highways and places. Fifth-To construct, establish, and maintain drains and Drains. sewers. Sixth-To provide fire engines and all other necessary or Fire engines. proper apparatus for the prevention and extinguishment of fires. road poll tax. Seventh-To impose on and collect, from every male inhab- Street and itant between the ages of twenty-one and sixty years, an annual street poll tax, not exceeding two dollars; and no other road poll tax shall be collected within the limits of such city. License on dogs. Property tax. License business. Improvement of rivers and streams. Buildings. Railroad tracks. Eighth-To impose and collect an annual license, not exceeding two dollars, on every dog owned or harbored within the limits of the city. Ninth-To levy and collect annually a property tax, which said tax shall be apportioned as follows: For the General Fund, which shall include the fund for street work, not exceeding fifty cents on each one hundred dollars; for the Sewer, Fund, not exceeding fifteen cents on each one hundred dollars. The levy for all purposes, for any one year, shall not exceed sixty-five cents on each one hundred dollars of the assessed value of all real and personal property within such city; provided, that the Board of Trustees shall have power to transfer money from one fund to the other whenever occasion requires. Tenth-To license, for purposes of regulation and revenue, all and every kind of business authorized by law and transacted or carried on in such city or town, and all shows, exhibitions, and lawful games carried on therein; to fix the rates of license tax upon the same, and to provide for the collection of the same by suit or otherwise. Eleventh-To improve the rivers and streams flowing through such city, or adjoining the same; to widen, straighten, and deepen the channels thereof, and remove obstructions therefrom; to improve the waterfront of the city, and to construct and maintain embankments and other works to protect such city from overflow. Twelfth-To erect and maintain buildings for municipal purposes. Thirteenth-To permit, under such restrictions as they may deem proper, the laying of railroad tracks and the running of cars drawn by horses, steam, or other power thereon, and the laying of gas and water pipes in the public streets; and water pipes. to construct and maintain and to permit the construction and maintenance of telegraph and telephone lines therein. Gas and Fines. Prisoners to work on streets. Fourteenth-To impose fines, penalties, and forfeitures for any and all violation of ordinances; and for any breach or violation of any ordinance to fix the penalty by fine or imprisonment, or both; but no such fine shall exceed three hundred dollars, nor the term of imprisonment exceed three months. Fifteenth-To cause all persons imprisoned for violation of any ordinance to labor on the streets or other public property or works within the city. Sixteenth-To do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter. CHAPTER CXXXIX. An Act to amend section eleven hundred and sixty-four of an Act entitled "An Act to establish a Code of Civil Procedure," approved March 11, 1872, relating to parties defendant, and procedure in summary proceedings for obtaining possession of real property in certain cases. [Approved March 14, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section eleven hundred and sixty-four of the detainer defendant. liability. 1164. No person other than the tenant of the premises In unlawful and sub-tenant, if there be one, in the actual occupation of tenant alone the premises when the complaint is filed, need be made par- may be made ties defendant in the proceeding, nor shall any proceeding abate, nor the plaintiff be nonsuited for the non-joinder of any person who might have been made party defendant, but when it appears that any of the parties served with process, or appearing in the proceeding, are guilty of the offense charged, judgment must be rendered against him. In case Sub-tenant's a defendant has become a sub-tenant of the premises in controversy, after the service of the notice provided for by part two of section eleven hundred and sixty-one of this Code, upon the tenant of the premises, the fact that such notice was not served on each sub-tenant shall constitute no defense to the action. In case a married woman be a tenant, or a Coverture no sub-tenant, her coverture shall constitute no defense; but in defense. case her husband be not joined, or unless she be doing business as a sole trader, an execution issued upon a personal judgment against her can only be enforced against property on the premises at the commencement of the action. All per- who bound sons who enter the premises under the tenant, after the com- by judgment. mencement of the suit, shall be bound by the judgment, the same as if he or they had been made party to the action. 9* Where owner has agreed to property, and on behalf of an action bonds, the Court may order pur CHAPTER CXL. An Act to amend an Act entitled an Act to establish a Political Code, approved March 12, 1872, by adding thereto a new section, to be known as section nine hundred and eighty-seven, relating to the lien created upon real estate by the filing of a notice of the pendency of an action against the owner thereof, upon an official bond. [Approved March 14, 1885.] The People of the State of California, represented in Senate and SECTION 1. A new section is hereby added to the Political Code, to be known as section nine hundred and eighty-seven, and to read as follows: 987. In any action to compel the specific performance of an agreement to sell real estate affected by the lien created convey by the filing of the certificate mentioned in section nine hunafterwards a dred and eighty-four, which said agreement shall have been lien attaches made prior to the filing of such certificate, but the purchase the State, in price under which said agreement shall not have become upon official due until after the filing of said certificate, the Judge of the Superior Court in which said action for specific performances is tried, shall, if the purchaser is otherwise entitled to specific chase money performance of such agreement, order the said purchaser to pay the purchase price, or so much thereof as may be due, to the State Treasurer, taking his receipt therefor. Upon such payment the purchaser shall be entitled to enforcement of specific performance of said agreement, and shall take said real estate, free from the liens created by the filing of said certificate. The moneys so paid to the State Treasurer shall be held by him, pending the litigation mentioned in said certificate, and subject to the lien created by the filing of said certificate. to be paid into State Treasury. By-laws to be copied and open to public CHAPTER CXLI. An Act to amend section three hundred and four of the Civil Code of the State of California, approved March 21, 1872, relating to corporations. [Approved March 14, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section three hundred and four of the Civil Code of the State of California is hereby amended to read as follows: 304. All by-laws adopted must be certified by a majority inspection. of the Directors and Secretary of the corporation, and copied |