if such widow, or such child, or children, shall marry, or such mother or father become capable of self-support, then said person so marrying, or such mother or father so becoming capable of self-support, shall thereafter receive no further pension from such fund. [Amendment approved March 16, 1903; Stats. 1903, p. 159; in effect immediately.]

Sec. 7. Whenever any member of the fire department of such county, city and county, city or town, shall after ten years of service, die from natural causes, then his widow or children, or if there be no widow or children, then his mother or unmarried sisters, shall be entitled to the sum of one thousand dollars from such fund.

Sec. 8. Any person retired for disability under this act may be summoned before the board herein provided for at any time thereafter, and shall submit himself thereto for examination as to his fitness for duty, and shall abide the decision and order of such board with reference thereto; and all members of the fire department who may be retired under the provisions of this act, shall report to the chief of the fire department of the county, city and county, city or town where so retired on the first Mondays of April, July, October and January of each year; and in cases of great public emergency, may be assigned to and shall perform such duty as said chief of the fire department may direct; and such persons shall have no claim against the county, city and county, city or town for payment for such duty so performed.

Sec. 9. When any person who shall have received any benefit from said fund shall be convicted of any felony or shall become an habitual drunkard, or shall become a non-resident of this state or shall fail to report himself for examination for duty as required herein, unless excused by the board, or shall disobey the requirements of said board under this act, in respect to said examination or duty, then such board shall order that such pension allowance as may have been granted to such person shall immediately cease and such person shall receive no further pension allowance or benefit under this act.

Sec. 10. The board herein provided for shall hold quarterly meetings on the first Mondays of April, July, October, and January of each year and upon the call of its

president. It shall biennially select from its members a president and secretary. It shall issue warrants, signed by its president and secretary, to the persons entitled thereto, of the amount of money ordered paid to such persons from such fund by said board, which warrant shall state for what purpose such payment is to be made; it shall keep a record of all its proceedings, which record shall be a public record; it shall, at each quarterly meeting, send to the treasurer of the county, city and county, city or town, and to the auditor of such county, city and county, city or town, a written or printed list of all persons entitled to payment from the fund herein provided for, stating the amount of such payments and for what granted, which list shall be certified to and signed by the president and secretary of such board, attested under oath. The auditor shall thereupon enter a copy of said list upon a book to be kept for that purpose and which shall be known and designated as "the firemen's relief and pension fund" book. When such list has been entered by the auditor, he shall transmit the same to the board of supervisors or other governing authority of such county, city and county, city or town, which board or authority shall order the payment of the amounts named therein out of "the firemen's relief and pension fund." A majority of all the members of said board herein provided for shall constitute a quorum and have power to transact business.

Sec. 11. The board herein provided for shall, in addition to other powers herein granted, have power:

First-To compel witnesses to attend and testify before it upon all matters connected with the operation of this act, in the same manner as is or may be provided by law for the taking of testimony before notaries public; and its president, or any member of said board, may administer oaths to such witnesses.

Second-To appoint a secretary and to provide for the payment from said fund of all its necessary expenses, including secretary hire and printing; provided, that no compensation or emolument shall be paid to any member of said board for any duty required or performed under this act.

Third-To make all needful rules and regulations for its guidance, and shall make up an estimate every year

of the amount required to pay all demands on the firemen's relief and pension fund for the succeeding fiscal year, and certify the same to the board of supervisors or other governing authority of the county, city and county, city or town, in connection with and as a part of the annual appropriation of the fire department, in conformity with the provisions of this act.

Sec. 12. The board of supervisors, or other governing authority of any county, city and county, city or town, shall, for the purposes of said "firemen's relief and pension fund" herein before mentioned, have annually levied, collected and apportioned to the firemen's relief and pension fund, a tax sufficient to meet and pay all demands upon said fund for the purpose set out in this act.

Sec. 13. Any person who, within one year prior to the passage of this act, has been dismissed from the fire department for incompetency or inefficiency and which incompetency or inefficiency was caused solely by sickness or disability contracted or suffered while in service as a member thereof, and who has, prior to said dismissal, served for twelve years or more as such member, shall be entitled to all the benefits of this act.

Sec. 14. On the last day of June of each year, or so soon thereafter as practicable, the auditor of such county, city and county, city or town, shall make a report to the board of supervisors or other governing authority of such county, city and county, city or town, of all moneys paid out on account of said fund during the previous year, and of the amount then to the credit of the "firemen's relief and pension fund." Payments provided for in this act shall be made quarterly upon proper vouchers.

Sec. 15. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Sec. 16. This act shall take effect immediately.

An act to require the payment of certain premiums to counties, and cities and counties, by fire insurance companies not organized under the laws of the state of California, but doing business therein, and providing for the disposition of such premiums.

[Approved March 3, 1885; Stats. 1885, p. 13. Amended 1887, 15.]

Unconstitutional:

San Francisco v. Insurance Co., 74 Cal. 113. The tax provided for in this act constituted the firemen's relief fund.

An act to authorize the board of supervisors of Santa Clara County to exempt firemen from the payment of poll taxes for county purposes.

[Approved March 30, 1874; 1873-4, 825; in effect immediately.]

The code commissioners say of this act, "Probably superseded by County Government Act, 1897, 452, and constitution of 1879, sec. 12, art. XIII."

An act to provide for increasing the efficiency of fire departments within municipalities of the first class in the state of California.

[Statute approved March 4, 1897; Stats. 1897, p. 61.] The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. Whenever the public interest, safety, or convenience may require, or it be deemed expedient, the city council of any municipality of the first class may, by ordinance, make and enforce such rules and regulations within said municipality as may be necessary or proper for increasing the efficiency of its fire department, and to that end, among other things, may provide for and authorize the appointment and continued employment of such officers, engineers, members, firemen, employees, and other help in and for said fire department, in addition to those whose employment is now or may be hereafter authorized by law, as the needs of said department may require; and may fix their salaries and compensation, and may increase the salaries and compensation of the officers, engineers, members, firemen, employees, and other help now or hereafter authorized by law, whose salaries and compensation as now or hereafter fixed, may be deemed inadequate. And said city council may in like manner provide for the purchase and repair, and authorize to be purchased and kept in repair, in addition to those for the purchase and repair of which provision is now or may be hereafter made by law, all additional engines, horses, hook and ladder wagons, and all such other engines, machinery, implements, extinguishers, and other apparatus that may

be necessary, advantageous, or auxiliary to extinguish or afford adequate protection against fire. And in order to provide the necessary funds with which to accomplish the foregoing ends, may make all necessary and supplementary appropriations, allowances, and payments in addition to those now or hereafter authorized by law.

Sec. 2. The officers, engineers, members, firemen, employees, and other help to be appointed as provided in section one of this act, shall be appointed, governed, and controlled in the same manner and by the same laws as their fellow officers, engineers, members, firemen, employees, and other help whose appointment is now or may be hereafter authorized by law are appointed, governed, and controlled. The engines, wagons, machinery, implements, extinguishers, and other apparatus, the purchase and repair of which are authorized by section one of this act, shall be purchased and repaired in like manner and under the same regulations as like articles, the purchase and repair of which are now or may be hereafter authorized by law are purchased and repaired.

Sec. 3. The term "city council," as used in this act, is hereby declared to include any body or bodies, board or boards, which, under law, constitute the legislative department of any municipality of the first class.

Sec. 4. This act shall take effect and be in force from and after its passage.

An act relating to fire departments of municipalities of the first class, and fixing the salaries of officers thereof. [Statute approved March 27, 1897; Stats. 1897, p. 192.] The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. In municipalities of the first class the following officers of its fire department shall receive the following salaries per annum:

Chief engineer, five thousand dollars.

Assistant chief engineer, three thousand six hundred dollars.

Secretary, or clerk, three thousand dollars.

Assistant engineers, two thousand one hundred dollars

each.

Veterinary surgeons, one thousand eight hundred dollars.