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.

Sec. 24. Any person who shall violate any of the provisions of said ordinance shall be guilty of a misdemeanor.

Sec. 25. 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.

Section 2. All acts or parts of acts, so far as they do conflict with the provisions hereof, are hereby repealed. Section 3. This act shall take effect and be in force from and after its passage.

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

[Act approved March 26, 1895; Stats. 1895, p. 76. Amended 1899, 57.]

The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. 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 regular or permanent member thereof, a leave of absence, from active duty, of not less than five nor more than ten days in each year, and in addition thereto a leave of absence from active duty of two days in every month of such service. Leaves of absence so granted, as aforesaid, must be arranged by

said board or commission 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 leaves of absence under the provisions of this act. [Became a law, under constitutional provision, without the governor's approval, March 4, 1899; Stats. 1899, 57.]

Sec. 2. This act shall take effect immediately.

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

[Approved March 11, 1889; 1889, 108. Am'd. 1901, 575.] Section 1. 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, 575.1

Sec. 2. 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 one 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, 575.]

Sec. 3. This act shall take effect from and after its passage.

An act 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.

[Statute approved March 26, 1895; Stats. 1895, p. 107.] Unconstitutional: Taylor v. Mott, 123 Cal. 497. Superseded: Stats. 1901, 101. See next act.

An act 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 the state. [Stats. 1901, 101. Amended 1903, 158.]

[Became a law under constitutional provision without governor's approval, March 7, 1901.]

The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. The chairman of the board of supervisors of the county, city and county, city or incorporated town in which there is no board of fire commissioners, the treasurer of the county, city and county, city or incorporated town, and the chief engineer of fire department, and their successors in office, are hereby constituted a board of trustees of the firemen's relief and pension fund of the fire department, to provide for the disbursement of the same and to designate the beneficiaries thereof as hereinafter directed, which board shall be known as the "Board of Firemen's Relief and Pension Fund Commissioners"; provided, however, that where there is in any county, city and county, city or town, a board of fire commissioners, then such body shall take the place of and possess the powers and perform the duties of said board of trustees of the firemen's relief and pension fund of the fire department.

Sec. 2. They shall organize as such board by choosing one of their number as chairman and by appointing a secretary. The treasurer of the county, city and county,

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city or town shall be ex-officio treasurer of said fund. Such board of trustees shall have charge of and administer said fund and order payments therefrom in pursuance of the provisions of this act. They shall report annually in the month of June to the board of supervisors, or other governing authority of the county, city and county, city or incorporated town, the condition of the firemen's relief and pension fund of the fire department, and the receipts and disbursements on account of the same, with a full and complete list of the beneficiaries of said fund and the amounts paid them.

Sec. 3. Whenever any person, at the taking effect of this act, or thereafter, shall have been duly appointed, and shall have served for twenty years, or more, in the aggregate, as a member, in any capacity or rank whatever, of the regularly constituted fire department of any such county, city and county, city or town, which may hereafter be subject to the provisions of this act, said board may if it deem it to be for the good of such fire department or shall, upon the written application of such person, providing he shall have attained the age of sixty years order and direct that he be retired from further active service in such fire department, and from the date of the making of such order, the service of such person in such fire department shall cease, and such person so retired shall thereafter, during his life, be paid from such fund a monthly pension, equal to one half of the monthly salary attached to the rank which he may have held in said fire department at the date of such retirement; provided, only, that if he shall have been promoted within one year prior to the date of such retirement, then he shall receive from such fund a monthly pension equal to one half of the monthly salary he received in the rank held by him next prior to said promotion. [Amendment approved March 16, 1903; Stats. 1903, p. 158; in effect immediately.]

Sec. 4. Whenever any duly appointed member of the fire department of any such county, city and county, city or town, shall become physically disabled, by reason of any bodily injury received, and in direct consequence of, the performance or discharge of his duty as such member, said board shall, upon his written request, or without such request, if it deem it to be for the good of such fire department, and in furtherance of justice, retire said member

from said department, and order and direct that he be paid, from such fund, during such disability, a monthly pension equal to one half the monthly salary attached to the rank, which he may have held in said fire department at the time of such retirement; provided, that whenever such disability shall cease, such pension shall cease, and such person shall be restored to active service in said department with the rank he held at the date of his retirement. [Amendment approved March 16, 1903; Stats. 1903, p. 158; in effect immediately.]

Sec. 5. No person shall be retired, as provided in the next preceding section, or receive any benefit from said fund, unless there shall be filed with said board certificates of his disability, which certificates shall be subscribed and sworn to by said person, and by the county, city and county, city or town physician, if there be one, and two regularly licensed practicing physicians of such county, city and county, city or town, and such board may require other evidence of disability before ordering such retirement and payment as aforesaid.

Sec. 6. Whenever any member of the fire department of such county, city and county, city or town, shall lose his life in, and in direct consequence of, the performance of his duty as such member, or shall die from the effects of bodily injury received, and in direct consequence of the performance of such duty, leaving a widow, or child, or children, under the age of sixteen years, or a mother, or father, wholly dependent upon him for support and maintenance, then, upon satisfactory proof of such facts made to it, such board shall order and direct, that a monthly pension equal to one third the monthly salary attached to the rank which said member held in such fire department at the time of his death, shall be paid to such widow during her life, or, if there be no such widow, then to such child or children until it or they reach the age of sixteen years, and no longer, and if there be no such widow, or children, then to such dependent mother and father, or the survivor of such mother or father; provided, that if such widow die leaving surviving her any child or children of said member who are under the age of sixteen years at the time of her death, then said pension shall be paid to such child or children untli they arrive at the age of sixteen years, and no longer; and provided, further, that