5 197 POLITICAL CODE. tion of any unfinished county, or city and county, or town, or township building or buildings now in process of construction, they are hereby authorized and empowered to express such judgment, by resolution or order, in such form as they may deem proper; and for the purpose of raising the money necessary to complete said building or buildings, the board of supervisors of the several counties, cities, and cities and counties of the state of California are hereby authorized and empowered to levy and collect annually, for the fiscal year commencing July first, eighteen hundred and eighty-seven, and ending June thirtieth, eighteen hundred and eighty-eight, and each and every fiscal year thereafter, during the seven fiscal years next ensuing, in the same manner and at the same times as other taxes in said counties, cities, and towns, and townships, and cities and counties, are levied and collected, an ad valorem property tax on real and personal property within the said Counties, or cities and counties, cities, towns, and townships, of not to exceed ten cents on each one hundred dollars of value as shown by the assessment rolls of said counties, cities, towns, and townships for the current fiscal year; provided, the moneys raised under the provisions of this act shall be expended only in the manner and for the purposes authorized by law, or by the act or acts authorizing the construction of the building or buildings; and provided further, that no part of said moneys shall be used for the purchase of carpets, furniture, fixtures, or other office furnishings of the rooms or offices completed and In use at the time of the passage of this act, nor for any furniture or other office fixtures or furnishings for the rooms or offices yet to be completed, save and except such office fixtures as are usually affixed to and constitute a part of the permanent structure or arrangement of such offices or rooms; and it is further provided, that not more than ten thousand dollars shall be expended in any one year for general repairs or alterations, except for roofs; and such repairs are hereby limited to such as may be necessary for the preservation of the building, or the protection of life, or the improvement or maintenance of sanitary conditions, and such alterations only as are actually necessary for the completion of the building or buildings according to the accepted plans. SEC. 2. This act shall take effect and be in force from and after its passage. An act creating a commissioner of public works, defining his duties and powers, prescribing his compensation, and making appropri tion. [Approved March 24, 1893; Stats. 1893, p. 345.] SECTION 1. There is hereby created a commissioner of public works for a period of four years only, to be appointed by the governor. Such commissioner shall hold his office for the term of two years from the first day of March, eighteen hundred and ninety-three, and until his successor shall be appointed and qualified, and ali subsequent appointments shall be for the term of four years. In case of vacancy occasioned by death, resignation, or otherwise, the governor shall appoint his successor. Said officer, before entering upon the discharge of his duty, shall take and subscribe the official oath, and execute an official bond in the sum of six thousand dollars, to be approved by the governor, and filed and recorded in the office of the secretary of state, as in the case of bonds of other state officials. Such commissioners shall receive a salary of four thousand dollars per annum, payable in monthly installments, and shall be allowed his actual traveling and other expenses incurred while in the performance of official duties. SEC. 2. The office of said commissioner shall be at the state capitol, in the city of Sacramento. SEC. 3. Such commissioner shall appoint a secretary, who shall hold office at the pleasure of the commissioner, and until his successor is appointed, and who shall receive a salary of one hundred and fifty dollars per month while actually employed. The commissioner shall adopt a seal. SEC. 4. The commissioner shall perform such duties in the examination of lands subject to inundation and overflow by flood waters, and of the waters causing and making such inundation and overflow, and in the preparation of plans and estimates of cost for works to regulate and control such flood waters, as he may be directed to perform from time to time by the governor; and he shall perform such other duties in the examination, supervision, and management of such public works, constructed or carried on by the state, or under state authority, or under any law of the state, as he may be directed to perform from time to time by law. He shall have the power to employ such engineers, assistants, attorneys, agents, and persons as he may deem necessary to carry out the provisions of this act, or to perform any duties imposed by any law upon said commissioner, and to fix their compensation. SEC. 5. The sum of thirty thousand dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated to pay the salaries and expenses of said commissioner and his employees, and for such other purposes as may be necessary or proper for carrying out the purposes of this act or the provisions of any law imposing duties upon said commissioner. And the controller of state is hereby directed to draw his warrants therefor, and the treasurer is directed to pay the same. SEC. 6. This act shall take effect immediately. An act to provide for, insure, and maintain preference in the appointment, employment, and retention in the public service, and upon public works of the state of California, of honorably discharged ex-Union soldiers, sailors, and marines of the war of the Rebellion. [Approved March 31, 1891; Stats. 1891, p. 289.] SECTION 1. In every department, upon all public works, whether under contract or not, in all offices, employments, places, and positions of trust or profit of this state, honorably discharged ex-Union soldiers, sailors, and marines of the war of the Rebellion must be preferred for appointment, employment, and retention therein; and age, loss of limb, or other 199 POLITICAL CODE. physical impairment which does not in fact incapacitate, shall not be deemed to disqualify them; provided, they possess the capacity necessary to fill the position; and persons thus preferred or appointed, unless appointed or employed for a definite statutory period, shall not be dismissed from such positions, offices, or employments, except upon charges, after a hearing, and for just cause. SEC. 2. This act shall take effect immediately. 3234. An act to amend section three of "An act to regulate contracts on behalf of the state, in relation to erections and buildings," approved March 23, 1876. [Approved March 31, 1891; Stats. 1891, p. 457.] SECTION 1. Section three of "An act to regulate contracts on behalf of the state, in relation to erections and buildings," approved March twenty-third, eighteen hundred and seventysix, is hereby amended to read as follows: Section 3. That after such plans, descriptions, bills of materials, and specifications and estimates as are in this act required are made and approved, in accordance with the requirements of this act, it shall be and is hereby made the duty of such commissioners, directors, trustees, or other officer or officers to whom the duty of devising and superintending the erection, addition to, alteration, or improvement of such institution, asylum, or other improvement, as in this act provided, to give or cause to be given public notice of the time and place when and where sealed proposals will be received for performing the labor and furnishing the materials necessary to the erection of such institution, asylum, or other improvement, or for the adding to, altering, or improvement thereof, and a contract or contracts, based on such sealed proposals, will be made, which notice shall be published weekly for four consecutive weeks next preceding the day named for the making of such contract or contracts, in the paper having the largest circulation in the county where the work is to be let, and in two daily papers having the largest circulation and published each in the cities of Sacramento and San Francisco, and shall state when and where such plan or plans, descriptions, bills, and specifications can be seen, and which shall be open to public inspection, at all business hours, between the date of such notice and the making of such contract or conBut in the letting of contracts as provided for in this tracts. act, and in giving notice thereof, the notice shall at least state that bids for the furnishing of the materials for and doing the mason and iron work, for the furnishing of the materials for and doing the carpenter and plasterer's work. and for the furnishing of the materials for and doing the plumbing, gas-fitting, and heating work, and for the furnishing of the materials for and doing the tinning, galvanized iron, and slating work, and for the furnishing of the materials for and doing the painting and graining work, and for the furnishing of the materials for and doing the electric work, will be separately received, and separate contracts for furnishing such materials and doing such work shall be made, as set out in said notice. 3259. Definition of day: 89 Cal. 467. 3335. Fire commissioners, appointment: 69 Cal. 460; 93 Cal. 153. 3344. Use of fire for agriculture: 90 Cal. 105. 3357. Issuance of licenses: 69 Cal. 88. 3360. Collection of license tax by suit: 71 Cal. 242; 77 Cal. 541; 86 Cal, 255. 3363. Payment into city treasury: 84 Cal. 71. 3377. Railroad licenses: 19 Pac. Rep. 830; 77 Cal. 518; overruling 66 Cal. 642; 67 Cal. 433. Banker's license: 86 Cal, 255. 3380. Laundry licenses: 68 Cal. 635. 3381. Liquor licenses: 65 Cal. 269; 69 Cal. 88; 69 Cal. 609; 70 Cal. 35, 36; 70 Cal. 458; 71 Cal. 242; 73 Cal. 632; 96 Cal. 360; sufficiency of complaint for violation: 85 Cal. 208. 3382. Licensing business: 66 Cal. 448; 69 Cal. 88. 3384. Peddler's license: 71 Cal. 204, 3385. License for raising sheep: 72 Cal. 387; 73 Cal. 365. 3395. Duty of register to investigate selections of public land: 76 Cal. 499. Classification of lands: 88 Cal. 454. Indian lands, power of Congress over: 68 Cal. 593. Mexican grants. — (a) Protection of Mexican settlers: 74 Cal. 448; 78 Cal. 158; 91 Cal, 158. (b) Approval, presentment, and confirmation: 74 Cal. 448; 74 Cal. 457; 68 Cal. 445; 90 Cal, 342; 92 Cal. 437; 91 Cal. 194; 91 Cal. 371, (e) Boundaries: 69 Cal, 122; 74 Cal. 302; 69 Cal. 160; 91 Cal. 158; 87 Cal. 371; 78 Cal. 158; 85 Cal. 313; 91 Cal. 194; 91 Cal. 371; 91 Cal. 400; 91 Cal, 194, (d) Patent founded on Mexican grant, conclusiveness: 69 Cal. 160; 75 Cal. 388; 74 Cal. 628; 92 Cal. 437; 87 Cal. 371; 78 Cal. 158; 85 Cal. 313; 91 Cal. 371; 91 Cal. 400; 91 Cal. 194; 79 Cal. 130; 79 Cal. 490; 84 Cal. 617. (e) Railroad grant covering: 91 Cal. 194; 78 Cal. 158; 79 Cal. 130. 3413. Traveling expenses of attorney-general and surveyor-general: 69 Cal, 223. 3414. Contest. — (a) Right of contest: 65 Cal. 11; 68 Cal. 539; 70 Cal. 247; 74 Cal. 175; 78 Cal. 4; 85 Cal. 533: 91 Cal. 30. (b) Pleadings and proof: 68 Cal. 473; 70 Cal, 544; 72 Cal, 236; 76 Cal. 175; 78 Cal. 30; 78 Cal. 116; 81 Cal. 604; 82 Cal. 513; 82 Cal. 570; 91 Cal. 30; 96 Cal. 117; 96 Cal. 513; 20 Pac. Rep. 130; 20 Pac. Rep. 131. (c) Order referring contest: 68 Cal. 481; 68 Cal. 539; 70 Cal, 247; 76 Cal. 175. (d) Character of land: 82 Cal. 104; 88 Cal. 274; 88 Cal. 454; 89 Cal. 73; 90 Cal. 163. (e) Intervention by settler: 88 Cal. 519. Actual settlers: 81 Cal. 590; 82 Cal. 104; 82 Cal. 647. (g) Citizenship: 82 Cal. 104; 82 Cal. 513; 82 Cal. 570; 82 Cal. 617; 89 Cal. 73. 3415. Jurisdiction of superior court: 68 Cal. 481; 70 Cal. 217; 70 Cal. 150; 74 Cal. 175; 74 Cal. 579; 76 Cal. 175; 91 Cal. 30. 3418. Judgment in land contest: 68 Cal. 473; 70 Cal. 247; 70 Cal. 544; 74 Cal. 493; 90 Cal. 43. 3417. Failure to bring action: 72 Cal. 448; 79 Cal. 1. 3428. County Government Act, effect of, on this section: 68 Cal. 54. 3440. Grant of swamp and overflowed lands to state: 69 Cal. 255; 73 Cal. 61. What are swamp and overflowed lands: 73 Cal. 61; 71 Cal. 50; 96 Cal. 408; 87 Cal. 371; 83 Cal. 279; 31 Pac. Rep. 267. Suitableness for cultivation: 88 Cal. 454. Tide-land, certificate of purchase of: 87 Cal. 23; 96 Cal. 117; 89 Cal. 73; 89 Cal. 385; 89 Cal. 42; 90 Cal. 150. An act to determine that lands of this state are swamp and overRowed when returned as such by the United States surveyor-gen eral. [Approved March 31, 1891; Stats. 1891, p. 221.] SECTION 1. Lands within this state which have been or may hereafter be returned by the United States surveyor-general as swamp and overflowed lands, and shown as such on approved townships plats, shall, as soon as patents have been or may be issued therefor by this state, be held to be of the character so returned; provided, however, that nothing herein contained shall be construed to affect the rights of any homestead or pre-emption settler claiming under the laws of the United States, nor shall it affect any suit now pending in any court as between the parties thereto; provided, that nothing contained in this act shall be construed to prejudice the rights of any settler now or hereafter located upon said lands to perfect title to the same, if permitted under existing laws. SEC. 2. This act shall take effect from and after its passage. An act to declare certain tide lands public grounds, and granting the same to the county of San Mateo in trust for the use of the public. [Approved February 27, 1893; Stats. 1893, p. 42.] SECTION 1. That all the tide-lands between the line of high and low tide, described below, are hereby dedicated as public grounds, and the title thereto is granted to the county of San Mateo, in trust for the use of the public, and without the power to sell or in any manner dispose of the same, or any part thereof; said lands shall be made and kept accessible to the public for the purposes aforesaid. The lands above mentioned are described as follows: Being all the lands between high and low tide along the shore of the Pacific Ocean, commencing at the mouth of Pescadero Creek, and running southerly with the shore line of said ocean to a point known as the mouth of |