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heretofore or hereafter granted. In construing the provisions of this section, net surplus shall be treated and considered as part of the paid-in capital.

$ 8. Section five hundred eighty of the Civil Code and all other acts or parts of acts inconsistent with this act are hereby repealed.

$ 9. This act shall take effect and be in force from and after the date of its passage.

BENEFICIAL INSECTS-INTRODUCING, PROPAGATING, ETC. Making an appropriation for searching for beneficial insects.

(Stats. and Amdts. 1907, p. 612, ch. 332.) § 1. There is hereby appropriated out of any money not otherwise appropriated the sum of twelve thousand dollars, to be used by the state commissioner of horticulture of California for searching for, securing, introducing, propagating and distributing beneficial insects, and for the purpose of constructing suitable structures and acquiring necessary appliances to carry on such work.

$ 2. The state controller is hereby authorized to draw warrants from time to time at the request of the governor and in favor of the state commissioner of horticulture to enable said commissioner to make or have made such researches as he may deem necessary.

§ 3. The state commissioner of horticulture is hereby required to furnish the state board of examiners with an itemized account of all money expended by him under this act.

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

BILLS OF EXCEPTION-LOSS OR DESTRUCTION BY FIRE

PROCEDURE. Providing for the disposition of actions and proceedings in which bills of

exceptions and statements on motion for a new trial have been lost or destroyed by conflagration or other public calamity.

(Stats. and Amdts. 1907, p. 998, ch. 537.) § 1. When any proposed bill of exceptions, or statement of the case on motion for a new trial, in action or proceedings, is lost or destroyed by reason of conflagration or other public calamity, and no other record of the proceedings upon the trial thereof can be obtained, and such action or proceeding is subject to review by motion for new trial, pending at the time of such loss or destruction, and it is by the court in which such action or proceeding is pending, deemed impossible or impracticable to restore such proceedings (and to settle a bill of exceptions or statement of the case containing such proceedings) so as to enable the court to review the judgment or order therein by motion for new trial, the court may grant a new trial of such action or proceeding if at the time of such loss or destruction a motion for new trial be pending therein, and such action or proceeding shall thereupon be tried anew. In order to grant such new trial, it shall be unnecessary to have any bill of exceptions or statement of the case settled, but upon the facts above recited being shown to the satisfaction of the court by affidavit or otherwise, the court shall have power in its discretion to grant such new trial.

§ 2. Pending the hearing of a motion under the preceding section to grant such new trial, the time within which a bill of exceptions might be prepared, served or presented for settlement, shall be extended, and shall not commence to run until the decision upon such motion. (The motion provided for by this act must be made within thirty days after the loss or destruction of such records; provided that in any case now pending such motion may be made at any time within sixty days after the passage of this act.)

$3. This act shall take effect immediately.

BOARD OF MEDICAL EXAMINERS.
See tit. Medical Examiners Board of.

BOARD OF PHARMACY-RESTORATION OF RECORDS OF.

See tit. Pharmacy-Board of—Restoration of Records of.

BONDS IMPROVEMENT.
See tit. Municipal Corporations Improvement Bonds.

BONDSTO SECURE PERFORMANCE OF FRANCHISE. See tit. Franchise-Bonds to Secure Performance of Conditions of.

BOOPHILUS ANNULATUS TICK_ANIMALS INFESTED WITH.

See tit. Animals—Infested with Boophilus Annulatus Tick.

BRIDGES—BUILDING, ETC., BY ADJOINING COUNTIES.
See tit. Counties—Adjoining-Construction, etc., Bridges, etc.

BUILDING AND LOAN COMMISSIONERS. To amend section sixteen of an act entitled “An act creating a bureau of

building and loan supervision; providing for the appointment of administration officials therefor to be known as the building and loan commissioners; prescribing their duties, powers and compensation; providing for a secretary, his powers and compensation; providing for the rental of offices for the use of the bureau and for traveling and office expenses; providing a system for licensing building and loan and other associations, and for assessing and collecting license fees necessary to meet the salaries and other expenses; providing a course of procedure where violations of law, or unsafe practices are found to exist or are reported by the commissioners to the attorney-general; providing for involuntary liquidation by trustees, and proceedings in connection therewith; providing for exemption of property of associations in liquidation from attachments, executions and liens pending liquidation; providing for and requiring associations to procure licenses, pay assessments levied for pro rata of salaries and expenses, and to make and file reports; providing penalties for violations of law and orders of the commissioners; providing for

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succession in office, and repealing all acts and parts of acts in conflict herewith,” approved March twenty-first, nineteen hundred and five, relating to and providing for reports to building and loan commissioners and the publication thereof.

(Stats. and Amdts. 1907, p. 931, ch. 505.) Section three of an act entitled “An act creating a bureau of building and loan supervision; providing for the appointment of administration officials therefor to be known as the building and loan commissioners; prescribing their duties, powers and compensation; providing for a secretary, his powers and compensation; providing for the rental of offices for the use of the bureau and for traveling and office expenses; providing a system for licensing building and loan and other associations, and for assessing and collecting license fees necessary to meet the salaries and other expenses; providing a course of procedure where violations of law, or unsafe practices are found to exist or are reported by the commissioners to the attorney-general; providing for involuntary liquidation by trustees, and proceedings in connection therewith; providing for exemption of property of associations in liquidation from attachments, executions and liens pending liquidation; providing for and requiring associations to procure licenses, pay assessments levied for pro rata of salaries and expenses, and to make and file reports; providing penalties for violations of law and orders of the commissioners; providing for succession in office, and repealing all acts and parts of acts in conflict herewith," approved March twenty-first, nineteen hundred and five, is hereby amended to read as follows:

§ 3. The commissioners shall each receive a salary of twenty-four hundred dollars per annum, and their secretary shall receive a salary of not exceeding eighteen hundred dollars per annum. There shall also be allowed and paid the necessary traveling expenses of the commissioners and their secretary, not to exceed the sum of two thousand dollars per annum. The commissioners shall procure and have an office in the city of San Francisco, for which there shall be allowed and paid a rental of not exceeding one hundred dollars per month, and such office shall be kept open for business, every business day, during such hours as are commonly observed by the banks of that city as banking hours; they may also provide such fuel, stationery, printing, postage, office help and other necessary conveniences as may be requisite in such office, at a cost not to exceed in the aggregate, the sum of five hundred dollars per annum. All said salaries and expenses shall be audited and paid in the same manner as the salaries and expenses of other state officers.

Note: The title to the above act declares its purpose to amend section sixteen; the body of the act amends section three. Consequently the act becomes a nullity under provisions of constitution 1879, article VI, $ 24. See HENNING'S GENERAL LAWS, p. lxxii.

BUREAU OF LABOR STATISTICS.
See tit. Labor Statistics—Bureau of.

BURIAL AND DISINTERMENT PERMITS. To amend sections three, four, nine, ten, thirteen, fourteen and fifteen of an

act entitled “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 eighteenth, nineteen hundred and five.

(Stats. and Amdts. 1907, p. 296, ch. 236.) Section 1. Sections three, four, nine, ten, thirteen, fourteen and fifteen of an act entitled "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 eighteen, nineteen hundred and five, are hereby amended to read as follows:

3. That the recorder of each county and city and county, and the clerk of each city or incorporated town, shall be the local registrar in and for such primary registration district and shall perform all such duties of local registrar as hereinafter provided; provided however, that in cities having a freeholders' charter the health officer shall act as local registrar and perform all the duties thereof. Each local registrar shall immediately appoint in writing, a deputy who shall be authorized to act in his stead in case of absence, death, illness or disability, and when it may appear necessary for the convenience of the people in any registration district, the local registrar is hereby authorized with the approval of the state registrar of vital statistics to appoint one or more proper and competent persons to act as subregistrars, who shall be authorized to receive certificates of death and to issue burial permits or removal permits in and for such portions of the registration district as may be designated. Each subregistrar shall note in legible writing over his signature, the date each certificate of death was filed, and shall forthwitla forward the certificate to the local registrar of the registration district, and in all cases before the fifth day of the following month; provided, that all subregistrars shall be subject to the supervision and control of the state registrar of vital statistics.

§ 4. That the body or remains of no person whose death occurs in the state shall be interred, deposited in a vault, grave or tomb, cremated, disinterred or otherwise disposed of, or removed from or into any registration district until a permit for burial, disinterment or removal shall have been properly issued by the registrar of the registration district in which the death occurs, except in the case where there are two or more registration districts within the same county, or where there are two contiguous registration districts not in the same county, a body may be removed from the

registration district where the death occurred to another registration district within the same county, or contiguous registration districts in different counties, for the purpose of preparing said body for burial or shipment, provided that before such burial or shipment the undertaker, sexton or other person in charge shall have first secured a permit for the interment or removal of said body from the registrar of the registration district where the death occurred. And no such burial or removal permit shall be issued by any registrar until a complete and satisfactory certificate and return of the death has been filed with him, as hereinafter required; provided that in case of any death outside of the state, where the body is accompanied by a removal or transit permit issued in accordance with the law and the health regulations in force where the death occurred, such removal or transit permit shall be accepted as of the same authority as a permit from the local registrar when such removal or transit permit shall have indorsed thereon the written approval of the state registrar of vital statistics, or when said state registrar otherwise officially notifies the local registrar of his approval.

89. It shall be the duty of each local registrar to supply to any persons requiring them, blank forms of certificates prepared and furnished by the board of supervisors of the county. He shall carefully examine each certificate when presented for record to see that it has been made out in accordance with the provisions of this act, and the instructions of the state registrar, and if any certificate is incomplete or unsatisfactory, it shall be his duty to call attention to the defects in the return and to withhold issuing the burial or removal permit until they are corrected. He shall then number them in consecutive order, beginning with number one for the first death in each calendar year, and sign his name as registrar in attest of the date of filing in his office. If the certificate is properly executed and complete, he shall then issue a burial or removal permit to the undertaker; provided, that in case the death occurred from some disease that is held by the state board of health to be infectious, contagious, or communicable and dangerous to the public health, no permit for the removal or other disposition of the body shall be granted by the registrar except under such conditions as may be prescribed by the state and local boards of health. He shall also 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 death, in such manner as directed by the state registrar. He shall, on or before the fifth day of each month, transmit to the state registrar all original certificates registered by him during the preceding month. If no deaths occurred in any month he shall, on or before the fifth day in any (the following] month, report that fact to the state registrar in such manner as the state registrar shall direct.

§ 10. If the interment or other disposition of the body is to be made in the registration district in which the death occurred, or in a contiguous registration district in the same or an adjoining county, the wording of the burial permit may be limited to a statement by the registrar, and over his signature, that a satisfactory certificate of death having been filed with him as required by law, permission is granted to inter, remove or otherwise dispose of the body of the deceased, stating the name, age, sex, and cause of death and other necessary details upon the form prescribed by the state

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