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both of whom shall not belong to the same political party, and fix their compensation, not exceeding thirty cents an hour for the time actually spent in the performance of their duties, which compensation shall be paid out of the funds of the division.

[Duty of inspectors.] It shall be the duty of the inspectors to inspect from time to time the work being done under the contract. They shall file with the board of supervisors at least once a month written reports on the manner in which the contractor is performing the work, setting forth in detail any objections they or either of them may have to the manner in which the work is being done, with recommendations as to changes desirable and provided for in the plans and specifications. They shall also estimate the amount of work of an unsatisfactory nature done since their last report and the supervisors shall make no payment on account of such alleged unsatisfactory work until the objections have been inquired into or until the contractor shall have performed the work in strict compliance with the plans and specifications. History: Former section repealed and present enacted March 19, 1907, Stats. and Amdts. 1907, p. 640.

§ 2769. PAYMENTS ON ACCOUNT. The supervisors may, from time to time as the work progresses, make payments on account, but shall not, before the completion of the contract, pay more than seventy-five per cent of the contract price of the amount completed, and final payment shall not be made until the work has been accepted by the board.

History: Former section repealed and present enacted March 19, 1907,
Stats. and Amdts. 1907, p. 640.

§ 2770. MONEY REMAINING AFTER COMPLETION OF OF WORK. Any money remaining after the completion of the work contracted for shall remain in the fund of the road division and shall be expended only in maintaining the roads of such division.

[When division ceases.] On the payment of the debts of the division or on the failure at two successive elections to vote a special tax or bonds for any proposed work such road division shall cease to exist as a permanent road division; provided, that the second election for a special tax or bond issue shall be held not less than six months nor later than one year after the election at which a special tax or bond issue has been defeated.

History: Former section repealed and present enacted March 19, 1907,
Stats. and Amdts. 1907, p. 640.

All publications

§ 2771. WHERE NOTICES MUST BE PUBLISHED. required to be made in the proceedings for the formation of a permanent road division, or the elections or other proceedings had therein, shall be published in a newspaper published within such road division if any paper is published therein; if there is no paper published within such road division, such publication shall be made in a paper published within the county and deemed by the supervisors most likely to give notice to the residents of the road division. One publication each week for three successive weeks shall be a sufficient publication under this act, including any publication under proceedings commenced but not concluded before this act takes effect.

History: Former section repealed and present enacted March 19, 1907,
Stats. and Amdts. 1907, p. 640.

§ 2772. EXPENSE OF ORGANIZING DIVISION. The expenses of organizing a permanent road division and of conducting any election under the provisions of this act shall be a county charge, payable out of the general county fund.

History: Former section repealed and present enacted March 19, 1907,
Stats. and Amdts. 1907, p. 641.

§ 2773. CONSTRUCTION OF ARTICLE. This act is intended to furnish an alternative method for accomplishing the road construction and improvement provided for herein, and does not repeal, modify, or abridge any other act or acts having for their object the construction or improvement of roads, streets, or other public highways not within the boundaries of a municipal corporation.

History: Enacted March 19, 1907, Stats. and Amdts. 1907, p. 641.

§ 2787. ACQUISITION OF LANDS FOR TOLL-ROADS. Lands, roadways, and rights to the use of land necessary for the purposes of the toll-road or its appurtenances may be acquired by gift, purchase, transfer, or consent, or by condemnation as hereinabove provided for. If after any toll-road company has actually constructed its road over any land, adverse claim be made to such land, the company may, without making the application to the board of supervisors hereinabove provided for, acquire the right of way for said road over such land by condemnation in the manner provided for in title seven of the Code of Civil Procedure. Lands within any public highway may be granted by the board of supervisors or town or city authorities on such terms and for such sums as may be agreed upon.

History: Amended March 18, 1907, Stats. and Amdts. 1907, p. 580.

§ 2789. PLAT MUST BE MADE BEFORE TOLLS ARE FIXED. the company has obtained all necessary lands, roadways, and rights of way in any county by gift, purchase, transfer, consent or agreement, the road may be constructed or completed without making the application to the board of supervisors herein before provided for; but before the supervisors fix the tolls to be taken on such road, an accurate survey or plat of the road must be made by a practical surveyor, signed and sworn to by the president and secretary, and filed for record in the county clerk's office of each county through which the road passes.

History: Amended March 18, 1907, Stats. and Amdts. 1907, p. 580.

§ 2802. PROVISIONS APPLY TO ALL TOLL-ROADS. The provisions of this article apply to all toll-roads, whether owned by companies, corporations, or natural persons, and include toll-roads constructed or to be constructed and operated for the use of light vehicles for the carriage of persons, and for the use of automobiles and other horseless vehicles.

History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 580.

§ 2979a. DUTIES IN CONTAGIOUS AND INFECTIOUS DISEASES. It is the duty of each coroner, and of every county, city and county, city or town health officer, and every member of the local board of health, knowing,

Stats. and Amdts.-11

or having reason to believe that any case of cholera, plague, yellow fever, leprosy, diphtheria, membranous croup, scarlet fever, smallpox, Manila, Philippine or Cuban itch, dobe, bumps, typhus fever, typhoid fever, malignant pustules, anthrax, glanders, cerebro-spinal meningitis, pulmonary tuberculosis, pneumonia, dysentery, erysipelas, uncinariasis or hookworm, trachoma, dangue, tetanus, measles, chickenpox, whooping cough, mumps, or any other contagious or infectious disease exists, or has recently existed, within the city, county, city and county, town, or township of which he is such officer, to take such measures as may be necessary to prevent the spread of such disease, and to report at once in writing such cases to the secretary of the state board of health at Sacramento.

[Duty of physicians.] It is also the duty of every attending or consulting physician, nurse, or other person having charge of or caring for any person afflicted with any of said contagious diseases, to report at once in writing to the local board of health or local health officer the nature of the disease, the name of the person afflicted and the place of his or her confinement.

[Duty and power of state board of health.] The state board of health, or its secretary, upon being informed of any such contagious or infectious disease, may thereupon take such measures as may be necessary to ascertain the nature of such disease and prevent the spread of such contagion, and to that end, said state board of health, or its secretary, may, if deemed proper, take possession or control of the body of any living person, or the corpse of any deceased person, and may direct and take such means as may be deemed expedient to arrest or prevent the further spread of such disease.

History: Amended March 4, 1907, Stats. and Amdts. 1907, p. 105.
In effect immediately.

§ 2984. LOCAL BOARDS OF HEALTH TO ENFORCE RULES MADE BY STATE BOARD OF HEALTH. It shall be the duty of the board of health of each municipality and incorporated town within this state, and of every chief executive health officer thereof, where there is no municipal or town board of health, to enforce within such municipality and incorporated town all orders, rules and regulations concerning health and quarantine, and the registration, certification, and reporting of births, marriages and deaths as prescribed or directed by the state board of health; and it shall be the duty of such board of health, or chief executive health officer to report in writing to the state board of health on or before the fifth day of each month all infectious, contagious and communicable diseases in man or beast which shall come to their or his knowledge, upon blanks furnished by the state board of health.

[To make monthly reports.] Said board of health or chief executive health officer, where there is no board of health, in cases of local epidemic of disease shall report to the state board of health all facts concerning the disease and the measures taken to prevent or abate its spread, infection or contagion.

[To enforce in municipalities regulation as to births, deaths, etc.] Every such board of health or chief executive health officer where there is no board of health, shall strictly observe and enforce within such municipality or incorporated town the provisions of "An act for the registration of deaths, the

issuance and registration of burial and disinterment permits and the establishment of registration districts in counties, cities and counties, cities and incorporated towns, under the superintendence of the state bureau of vital statistics and prescribing the powers and duties of registrars, coroners, physicians, undertakers, sextons and other persons in relation to such registration and fixing penalties for the violation of this act," approved March 18, 1905, and also the provisions of chapter three, of title seven, of part three of the Political Code of the state of California relating to the registration, certification and reporting of marriages, births and deaths, and shall promptly report to the state board of health all violations of the state health laws and of the laws relating to the registration, certification and reporting of marriages, births and deaths which shall come to their or his knowledge.

§ 3075.

History: Amended March 1, 1907, Stats. and Amdts. 1907, p. 74.

STATISTICIAN AND CLERK, APPOINTMENT OF. There shall be a competent statistician and a deputy statistician to assist the state registrar of the bureau of vital statistics, and one clerk to the state board of health, all of whom shall be appointed by the state board of health.

[Salary of statistician and assistants.] The statistician shall receive an annual salary of two thousand dollars, the deputy statistician an annual salary of sixteen hundred dollars, and the clerk an annual salary of sixteen hundred dollars. All such salaries shall be paid in the same manner and at the same time as the salaries of state officers.

[Salary of additional help.] The state board of health may employ and fix the compensation of other and additional clerical and professional assistants, but such compensation shall be paid from its fund for contingent expenses, provided in the general appropriation act.

[In effect, when.] Sec. 2. This act shall take effect from its passage. History: Amendment became a law, under constitutional provision, without governor's approval, March 4, 1907, Stats. and Amdts. 1907, p. 91.

§ 3078. COUNTY RECORDER, DUTY OF. DUTY OF HEALTH OFFICER. It shall be the duty of every county recorder to receive without fee or charge each certificate of registry of marriage and birth; provided however, that in cities having a freeholders' charter the health officer shall act as local registrar for births, and shall receive, without fee or charge, each certificate of birth and enter the same in the same manner as provided for the county recorder; to make a complete and accurate copy of each certificate registered by him, upon a form identical with the original certificate, to be filed and permanently preserved in his office as the local record of such marriage or birth, in such manner as directed by the state registrar.

[To examine reports.] The recorder or health officer must carefully examine each report, and register the same marriage or birth but once, although it may be reported by different persons. The certificates shall be numbered by him and entered in the order in which they are reported to him, beginning with number one for the first birth, or marriage, in each calendar year. He shall also sign his name as registrar in attest of the date of filing in his office. On or before the fifth day of each month each recorder, or health officer,

shall transmit by United States mail, carefully inclosed in appropriate envelopes or wrappers, addressed to the state registrar at Sacramento, or shall personally deliver to him at his office in Sacramento, on or before the fifth day of each month, the original certificates of births and marriages, filed with him during the preceding month.

[Duty of state registrar.] The state registrar shall thereupon file said original certificates of marriage and birth, and cause the same to be separately and systematically indexed.

History: Amended March 6, 1907, Stats. and Amdts. 1907, p. 114.

§ 3081. STATE REGISTRAR MAY REQUIRE FURTHER INFORMATION. The state registrar shall carefully examine the certificates of marriages and births received monthly from the county recorders or health officers, and if any such are incomplete or unsatisfactory, he shall require such further information to be furnished as may be necessary to make the record satisfactory. All physicians, clergymen, judges, midwives, nurses, parents, or other informants upon whom the duty is imposed of certifying to marriages or births, and all other persons having knowledge of the facts, are required to furnish such information as they may possess regarding any marriage or birth upon demand of the state registrar in person, by mail, or through the local registrar.

[Incorrect statements.] Whenever it may be alleged that the facts are not correctly stated in any certificate of marriage or birth, theretofore registered, the county recorder or city health officer shall require an affidavit under oath to be made by the person asserting the fact, to be supported by the affidavit of one other credible person having knowledge of the facts, setting forth the changes necessary to make the record correct.

[Filing affidavits.] Having received such affidavits he shall file them and shall then draw a line through the incorrect statement or statements in the certificate, without erasing them, and make the necessary corrections, noting on the margin of the certificate his authority for so doing, and transmit the affidavits, attached to the original certificate, when making his regular monthly returns to the state registrar.

[Corrections, how made.] If the correction relates to a certificate previously returned to the state registrar, he shall transmit the affidavit forthwith to the state registrar. If the correction is first made upon the original certificate on file in the state bureau of vital statistics, the state registrar shall immediately transmit a certified copy of the original certificate corrected as above, to the county recorder or city health officer, who shall thereupon substitute such certified copy for a copy of the certificate in his records. All such corrections and marginal notes referring to them shall be legibly written in ink, typewritten or printed.

History: Amended March 6, 1907, Stats. and Amdts. 1907, p. 114.

§ 3083. STATE REGISTRAR TO FURNISH CERTIFIED COPIES OF RECORDS. The state registrar shall, upon request, furnish any applicant a certified copy of the record of any marriage or birth registered under the provisions of this chapter, for the making and certification of which he shall

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