public institutions owned or managed and controlled by the State, or the political divisions thereof.

SEC. 2. It shall be the duty of the State Board of Examiners to so distribute and arrange, with the assistance of the boards of managers, directors or trustees of the several institutions referred to in section one of this Act, the labor and industry of their inmates that it will prove conducive to their mutual assistance, with a view of advancing the economic management of all the institutions owned or managed and controlled by the State, or the political divisions thereof; and all such surplus products shall not be sold or disposed of to any individual, corporation or association not connected with the State, or any political division thereof, so long as there shall be any demand for any such products by any public institutions owned or managed and controlled by the State, or the political divisions thereof.

SEC. 3. In estimating the value of such articles for the purpose of such exchange or sale between public institutions, the cost of producing or raising such products, with ten per cent added, shall be the sale price thereof.

SEC. 4. Each institution shall notify the State Board of Examiners what surplus products they have to dispose of, as set forth in this Act, and the State Board of Examiners shall notify all the other institutions owned or managed and controlled by the state, or the political divisions thereof, that such articles can be procured and where, and thereupon the provisions of section two of this Act shall become effective and the State Board of Examiners shall allow no claims for the purchase of any products from any individual, corporation or association so long as the same might have been procured from a State institution after it had been duly notified of that fact.

SEC. 5. All Acts and parts of Acts inconsistent with this Act are hereby repealed.

CHAPTER CCCLII.—An Act to amend an Act entitled "An Act to regulate contracts on behalf of the State in relation to erections and buildings," approved March 23, 1876, by amending section three of said Act, and an Act amendatory thereof, approved March 27, 1895.

[Approved March 20, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section three of said Act is hereby amended so as 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 of 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 will be published weekly for four consecutive weeks next preceding the day named for the making of such contract or contracts, in three papers specially representing the building trades, and having the largest circulation and published each in the cities of San Francisco, Los Angeles, and Sacramento; also in a newspaper having a general circulation in the county where the work is to be let, 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 contracts; provided, however, that the rates of said advertisements shall not exceed the regular advertising rates for similar matter, whether public or private,

in such paper or papers. The aforesaid notice must state that separate bids will be received and separate contracts let for the performance of each of the following parts of said erection, addition, alteration, or improvement including the furnishing of materials and labor necessary therefor, viz.: First, for the masonry work, including all brick, stone, terra cotta and concrete work, and all necessary excavations and filling; second, for the iron work; third, for the carpenter, plastering, electric and glazing work; fourth, for the plumbing and gasfitting work; fifth, for the heating work; sixth, for the tinning, galvanized iron, and slating work; and seventh, for the painting and graining work; and there shall be in all such cases as many separate contracts let therefor as there are different kinds of work, according to the foregoing classification, whether the same be let by the State Board of Harbor Commissioners or any other of the aforesaid commissioners, directors, trustees or other officer or officers.

SEC. 2. This Act shall take effect and be in force immediately upon its passage and approval.

CHAPTER CCCXXVIII.-An Act to amend section one of an Act entitled "An Act requiring the payment into the State treasury of all moneys belonging to the State, received by the various State institutions, commissions and officers, and directing the disposition of the same," approved March seventeenth, eighteen hundred and ninety-nine.

[Approved March 20, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of "An Act requiring the payment into the State treasury of all moneys belonging to the State, received by the various State institutions, commissions and officers, and directing the disposition of the same," approved March seventeenth, eighteen hundred and ninety-nine, is hereby amended so as to read as follows:

Section 1. All moneys belonging to the State received from any source whatever by any officer, commission or commissioner, board of trustees, board of managers or board of directors, shall be accounted for at the close of each month to the State Controller, in such form as the Controller may prescribe, and, at the same time, on the order of the Controller, be paid into the State treasury; provided, in the case of any State hospital, asylum, prison, school, or harbor, supported by or under control of the State, said money shall be credited to a fund to be known as the contingent fund of the particular institution from which such money is received, and may be expended under the same laws and provisions that govern the expenditure of money appropriated for the support of such institutions; and provided, that in every case where the law directs the board of trustees, managers or directors, or officer to refund any money upon the death or discharge of any inmate of said hospital, asylum, prison, school or other institution, or to provide a discharged inmate with any sum of money or with wearing apparel, such amount of money necessary shall be paid by the board of trustees, managers or directors, or officer upon demand; and in the statement to the Controller herein provided for, these amounts shall be itemized and the aggregate deducted from the amount to be paid into the State treasury; provided, further, that all money collected by boards of harbor commissioners shall be paid into the harbor improvement fund of the respective harbor where collected, except so much thereof as may be necessary to pay the expense of urgent repairs, not to exceed in the aggregate six thousand dollars per month, which sum, if so much be required, may be used in repairing the wharves, piers, landings, thoroughfares, sheds, and other structures, and the streets bounding on the water front under the jurisdiction of such board of harbor commissioners, without advertising the proposals therefor.

SEC. 2. This Act shall take effect immediately.

CHAPTER DLXXIX.-An Act to amend an Act entitled "An Act to establish a Code of Civil Procedure," approved March 11th, 1872, by amending Section 131 thereof, relating to powers and duties of the courts in providing for the creation and appointment and term of office of boards, to be known as "Probation Committees," providing for the creation and appointment of probation officers, prescribing their terms of office, duties and powers, and fixing their salaries.

[Approved March 22, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section number one hundred and thirty-one of the Code of Civil Procedure, is hereby amended to read as follows:

131. Sub. 1. The judge of the superior court in and for each county or city and county of the State, or where there are more than one judge of said court, a majority of the judges thereof, by an order entered in the minutes of such court, may appoint seven discreet citizens of good moral character, and of either sex, to be known as probation committee, and shall fill all vacancies occurring in such committee. The clerk of said court shall immediately notify each person appointed on said committee, and thereupon said persons shall appear before the judge of said superior court in said county and qualify by taking oath, to be entered in the minutes of said superior court, to faithfully perform the duties of a member of such probation committee.

Sub. 2. The members of such probation committee shall hold office for four years, and until their successors are appointed; provided, that of those first appointed, one shall hold office for one year, two for two years, two for three years and two for four years, the terms for which the respective members first appointed shall hold office to determined by lot as soon after their appointment as may be. When any vacancy occurs in any probation committee by expiration of the term of office of any member thereof, the successor shall be appointed to hold for the term of four years; when any vacancy occurs for any other reason, the appointee shall hold for the unexpired term of his predecessor.

Sub. 3. The members of the probation committee shall serve without compensation. Sub. 4. The superior court, or any judge thereof, may at any time require said probation committee or a probation officer to examine into the qualifications and management of any society, association or corporation, other than a State institution, applying to receive any child or children under this Act, and to report to the court; provided, that nothing in, this section shall be construed as giving any probation committee or probation officer any power to enter any institution without the consent of such institution.

It shall be the duty of each probation committee prior to December first in each year to prepare a report in writing on the qualifications and management of all societies, associations and corporations, except state institutions, applying for or receiving any child under this Act from the courts of their respective counties, and in said report said committee may make such suggestions or comments as to them may seem fit; said report to be filed in the office of the clerk of the court appointing such committee, for the information of the judges thereof.

Sub. 5. In counties of the first class there shall be one probation officer and not more than five deputy probation officers; in counties of the second class, one probation officer and not more than one deputy probation officer; in all other counties there shall be one probation officer. In any county or city and county additional deputy probation officers may be appointed and their appointment approved or disapproved as hereinafter provided, from time to time, when in the opinion of the court it may be necessary, provided that they serve without salary.

Sub. 6. The probation officer and deputy probation officers in all the counties of the State shall be allowed such necessary incidental expenses as may be authorized by a judge of the superior court; and the same shall be a charge upon the county in

which the court appointing them has jurisdiction, and the said expenses shall be paid out of the county treasury upon a warrant therefor issued by the said court.

Sub. 7. The offices of probation officers and deputy probation officers are hereby created. The appointments of probation officers and deputy probation officers to serve hereunder in any county or city and county shall be made by the probation committee of said county or city and county from discreet citizens of good moral character. The appointments by each probation committee shall be made in writing signed by a majority of the members of such committee and filed with the county clerk of such county, and shall be subject to and shall take effect upon approval by the judge of the superior court appointing such committee, or by a majority of the judges thereof if there be more than one; such approval to be by order entered in the minutes of said court. The term of office of probation officers and of deputy probation officers shall be two years from the date of the said approval of their several appointments. Such probation officers and deputy probation officers may at any time be removed by the judge approving their appointment in his discretion.

Sub. 8. Any of the duties of the probation officer may be performed by a deputy probation officer, and shall be performed by him whenever detailed to perform the same by the probation officer; and it shall be the duty of the probation officer to see that the deputy probation officer performs his duties.

Sub. 9. It is the intention of this Act that the same probation committees, the same probation officers and deputy probation officers shall be appointed and serve under this Act as under the Act known as the Juvenile Court Act, and entitled "An Act defining and providing for the control, protection and treatment of dependent and delinquent children; prescribing the powers and duties of courts with respect thereto; providing for the appointment of probation officers and prescribing their powers and duties; providing for the separation of children from adults when confined in jails or other institutions; providing for the appointment of boards to investigate the qualifications of organizations receiving children under this Act, and prescribing the duties of such boards; and providing when proceedings under this Act shall be admissible in evidence," and approved February 26th, 1903; or under any laws amending or superseding the same.

Sub. 10. Either at the time of the arrest for crime of any person over sixteen years of age, or at the time of the plea or verdict of guilty, the probation officer of the county of the jurisdiction of said crime shall, when so directed by the court, inquire into the antecedents, character, history, family environment and offense of such person, and must report the same to the court and file his report in writing in the records of said court. His report shall contain his recommendation for or against the release of such person on probation. If any such person shall be released on probation and committed to the care of the probation officer, such officer must keep a complete and accurate record in suitable books of the history of the case in court and of the name of the probation officer, and his acts in connection with said case; also the age; sex; nativity; residence; education; habits of temperance; whether married or single; and the conduct, employment and occupation and parents' occupation and condition of such person so committed to his care during the term of such probation, and the result of such probation, which record shall be and constitute a part of the records of the court and shall at all times be open to the inspection of the court or any person appointed by the court for that purpose, as well as of all magistrates and the chief of police or other head of the police, unless otherwise ordered by the court. The said books or record shall be furnished by the county clerk of said county, and shall be paid for out of the county treasury.

Sub. 11. The probation officer shall furnish to each person released on probation and committed to his care, a written statement of the terms and conditions of his probation, and shall report to the court, judge, or justice appointing him, any violation or breach of the terms and conditions imposed by such court on the person placed in his care.

Sub. 12. The probation officers and deputy probation officers appointed under this section shall serve as such probation officers in all courts having original jurisdiction of criminal actions in this State.

Sub. 13. Such probation officer and each deputy probation officer shall have, as to the person so committed to the care of such probation officer or deputy probation officer, the powers of a peace officer.

CHAPTER DCX.-An Act to amend an Act entitled "An Act defining and providing for the control, protection and treatment of dependent and delinquent children; prescribing the powers and duties of courts with respect thereto; providing for the appointment of probation officers and prescribing their duties and powers; providing for the separation of children from adults when confined in jails or other institutions; providing for the appointment of boards to investigate the qualifications of organizations receiving children under this Act, and prescribing the duties of such boards; and providing when proceedings under this Act shall be admissible in evidence," approved February 26, 1903.

[Approved March 22, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. The title of said Act is amended so as to read as follows: "An Act defining and providing for the control, protection and treatment of dependent and delinquent children; defining such children; prescribing the powers and duties of courts in respect thereto; providing for the creation and appointment of probation officers, and prescribing their duties, powers, terms of office and compensation; providing for the commitment and confinement of such children; providing for the creation and appointment of boards, to be known as probation committees; to investigate the qualifications of organizations receiving children under this Act; and prescribing the powers and duties of such boards, with respect to probation officers and otherwise, and prescribing the terms of office of the members of such boards; providing for the powers of courts and judges with respect to the appointment of probation officers and removal of same, and with respect to probation committees and members thereof; and providing when proceedings under this Act shall be admissible in evidence." SEC. 2. Section one of said Act is hereby amended so as to read as follows: Section 1. This Act shall apply only to children under the age of sixteen years not now or hereafter inmates of a State institution. For the purposes of this Act the words "dependent child" shall mean any child under the age of sixteen years who is found begging or receiving or gathering alms (whether actually begging or under the pretext of selling or offering for sale anything) or being in any street, road or public place for the purpose of so begging, gathering or receiving alms; or who is found wandering and not having any home or settled place of abode, or proper guardianship, or visible means of subsistence; or who is found destitute, or whose home, by reason of neglect, cruelty, or depravity, on the part of either of its parents or of its guardian, or other person in whose care it may be, is an unfit place for such child; or who frequents the company of reputed criminals or prostitutes, or who is found living or being in any house of prostitution or assignation, or who habitually visits without parent or guardian, any salcon, or place where any spirituous liquors or wine, or intoxicating or malt liquors are sold, exchanged or given away, or who is incorrigible, or who is a persistent truant from school. The words "delinquent child" shall include any child under the age of sixteen years who violates any law of this State, or any ordinance of any town, city, county or city and county of this State.

SEC. 3. Section two of said Act is hereby amended to read as follows:

Section 2. In counties having more than one judge of a superior court the judges of such court may, from time to time designate one or more of their number whose duty it shall be to hear all cases coming under this Act. In counties of the first class, such designation shall be made by the presiding judge. The orders and findings, if any, of the superior court, in all cases coming under the provisions of this Act, shall be entered in a book to be kept for that purpose and known as the "Juvenile Record," and the court acting under this act shall be called the "Juvenile Court." In justices' courts having more than one justice of the peace, and in police courts having more than one judge, the justices of the peace and the judges of the police