and state purposes, or either of them, and for all penalties due upon said taxes for non-payment thereof.

Sec. 2. On the trial of any such suit the assessment roll of said county or city and county, or a copy of any entry therein duly certified, showing unpaid taxes against the defendant, or, in cases where the defendant is sued in a representative capacity, against any person or estate he represents, shall be prima facie evidence of the plaintiff's right to recover.

Sec. 3. All actions now pending for the collection of such taxes may be carried on and prosecuted under the provisions and in accordance with this act.

Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed, but the method of collecting such taxes herein provided shall not be deemed to be the exclusive method, nor shall the provisions of this act in any manner abrogate or modify the provisions of sections 3831 or 3899 of the Political Code of the state of California.

Sec. 5. This act shall take effect and be in force immediately from and after its passage.

ACT 4061.

An act prescribing the form of complaint in actions to recover delinquent taxes, and to authorize the bringing of suits therefor.

[Approved April 23, 1880. Stats. 1880, p. 136 (Ban. ed.

402).]

Repealed in part by Political Code, sec. 3670, as amended 1883, 65. (San Diego v. Southern Pacific R. Co., 108 Cal. 46.) On the point as to whether this act is still in force, see San Bernardino Co. v. Southern Pac. R. R. Co., 70 Pac. 782.

Cal. Rep. Cit. 61, 253; 61, 254; 69, 648; 73, 612; 91, 434; 99, 595; 99, 599; 108, 48; 137, 661.

75, 173;

Form of complaint in action for delinquent taxes. Section 1. In any action that may be hereafter commenced in any county, or city and county, in this state, or the collection of delinquent taxes for any fiscal year, he complaint may be in the following form, and shall e legally sufficient, and on the trial thereof the duplicate ssessment roll for any said fiscal year, of said county, r city or county, or a copy of any entry therein duly

certified, showing unpaid taxes against the defendant, or in cases where the defendant is sued in a representative capacity against any person or estate he represents, shall be prima facie evidence of the plaintiff's right to

recover:

(Title of court.) (Name of plaintiff) vs. (name of defendant.) Plaintiff avers that defendant is indebted to plaintiff in the sum of $(naming the amount for county, or city and county), taxes, with five per cent penalty added thereto for the non-payment thereof, and interest thereon at the rate of two per cent per month from the (date), and fifty cents costs of advertising. Plaintiff further avers that defendant is indebted to plaintiff in the further sum of $(naming amount), for

state taxes, with five per cent penalty added thereto for the non-payment thereof, and interest thereon at the rate of two per cent per month from (date), and fifty cents costs of advertising, which said taxes were duly assessed and levied upon (the real or personal) property of sail defendant, to wit: (describing property as assessed), for the fiscal year (naming the year). Wherefore, plaintif prays judgment against said defendant, for said several sums, with interest and penalty as aforesaid, and costs of suit.

(Signature of attorney.)

And in any case where the defendant is sued in a representative capacity, such other further or additional allegations as may be necessary to charge him in such capacity; and it is further provided, that any county, or city and county, where such taxes are delinquent, may sue in its own name for the recovery of delinquent taxes. whether the same be for county, or city and county, and state purposes, or taxes, or either of them.

Sec. 2. This act shall take effect and be in force from and after its passage.

ACT 4062.

To protect the county treasuries of certain counties. [Ap proved March 16, 1874. Stats. 1873-4, p. 393.]

This act provides that the assessors of Siskiyou, Calaveras Amador, and Alpine counties should pay the salaries of deputies employed by them. It was probably repealed by the County Govern

ment Act.

ACT 4063.

Firemen in certain counties, to be exempt from payment of poll tax. [Stats. 1873-4, p. 731.]

Repealed 1875-6, 287.

This act exempted the firemen of the counties of Nevada, Placer, El Dorado, Alameda, and Siskiyou.

TITLE 494.

ACT 4068.

TEHAMA COUNTY.

To protect agriculture and prevent trespassing of animals in. [Stats. 1873-4, p. 853.]

Amended 1875-6, 643.

"Modified and probably

repealed by

1877-8, 176, chap.

CXXXVI, and 1897, 198, and by the estray law of 1901, 603."Code Commissioners' note.

ACT 4069.

Relating to salary and duties of assessor of. [Stats. 1871-2, p. 756.]

Repealed by County Government Act, 1897, 452.

ACT 4070.

Canal companies in, authorizing incorporation of. [Stats. 1871-2, p. 732.]

Supplementing act of April 2, 1870.

ACT 4071.

Cemeteries in, supporting. [Stats. 1871-2, p. 872.] ACT 4072.

Relating to certain officers of. [Stats. 1871-2, p. 755.] Repealed by County Government Act, 1897, 452, sec. 193. This act fixed the salary of the district attorney and permitted he county clerk to hire a deputy.

CT 4073.

Refunding debt of. [Stats. 1875-6, p. 69.]

CT 4074.

Partition fences in. [Stats. 1875-6, p. 207.]

СТ 4075.

uthorizing transcribing records of Tehama County from the records of Colusa, Shasta, and Butte counties. [Stats. 1859, p. 151.]

ACT 4076.

Road poll tax. [Stats. 1873-4, p. 431.]

As to assessors retaining fees, repealed by County Government Acts, see 1897, 552, sec. 193.

ACT 4077.

Road poll tax and hospital poll tax. [Stats. 1877-8, p. 211) Repealed as to poll tax by Political Code, sec. 2652, and by the provisions of the various County Government Acts.

ACT 4078.

Redistricting and reorganizing board of supervisors [Stats. 1873-4, p. 816.]

Superseded by County Government Acts, see 1897, 452.

ACT 4079.

Making treasurer of ex-officio tax collector. [Stats. 18734 p. 796.]

Amended 1875-6, 232. Repealed by County Government Acts see 1897, 452.

TITLE 495.

ACT 4084.

TEHAMA, TOWN OF.

To prevent hogs from running at large in. [Stats. 1873-4

Repealed 1877-8, 79.

p. 776.]

TITLE 496.

ACT 4089.

TELEGRAPH LINES.

Concerning telegraphic messages and to secure secrecy and fidelity in the transmission thereof. [Stats. 1861, p. 380.]

Superseded by statute of 1862, 288.

ACT 4090.

For regulating telegraphs and to secure secrecy and fidelity in the transmission of telegraphic messages [Stats. 1862, p. 288.]

Amended 1863-4, 232.

"As to Penal provisions, superseded by Penal Code (see sech 619-621, 680; Civil Code, sec. 1017); but section 17, relating to contracts and communications, probably remains in force."--Code

Commissioners' note.

ACT 4091.

Providing for the construction of a telegraph line between the Atlantic and the Pacific. [Stats. 1865-6, p. 102.]

ACT 4092.

Providing for the construction of a telegraph line from San Jose to San Bernardino. [Stats. 1865-6, p. 308.]

Amended 1867-8, 530.

ACT 4093.

Authorizing telegraph between Los Angeles and Wilmington. [Stats. 1871-2, p. 87.]

ACT 4094.

Telegraphic communication between America and Asia, act to facilitate. [Stats. 1871-2, p. 97.]

An act making it unlawful to refuse admission to places of amusement.

[Approved March 23, 1893. Stats. 1893, p. 220.] Section 1. It shall be unlawful for any corporation, person, or association, or the proprietor, lessee, or the agents of either, of any opera-house, theater, melodeon, museum, circus, caravan, race-course, fair, or other place of public amusement or entertainment, to refuse admittance to any person over the age of twenty-one years who presents a ticket of admission acquired by purchase, and who demands admission to such place; provided, that any person under the influence of liquor, or who is guilty of boisterous conduct, or any person of lewd or immoral character, may be excluded from any such place of amusement.

Sec. 2. Any person who is refused admission to any place of amusement contrary to the provisions of this act is entitled to recover from the proprietor, lessee, or their agents, or from any person, association, corporation, or the directors thereof, his actual damages and one hundred dollars in addition thereto.

Sec. 3. This act shall take effect immediately.