When an assignee is chosen, and has qualified, the receiver shall forthwith return to Court an account of the assets and property which have come into his possession, and of his disbursements, and a report of all actions or proceedings commenced by him for the recovery of any property belonging to the estate, and the Court shall thereupon summarily hear and settle the receiver's account, and shall allow him a just compensation for his services, including a reasonable attorney's fee, whereupon the receiver shall deliver all property, assets, or effects remaining in his hands, to the assignee, who shall be substituted for the receiver in all pending actions or proceedings.

SEC. 68. All sections of the Code of Civil Procedure of the State of California relating to contempts are hereby made applicable to all proceedings under this Act.

SEC. 69. When an attachment has been made and is not dissolved before the commencement of proceedings in insolvency, or is dissolved by an undertaking given by the defendant, if the claim upon which the attachment suit was commenced is proved against the estate of the debtor, the plaintiff may prove the legal costs and disbursements of the suit, and of the keeping of the property, and the amount thereof shall be a preferred debt. In all contested matters in insolvency the Court may, in its discretion, award costs to either party, to be paid by the other, or to either or both parties, to be paid out of the estate, as justice and equity may require; in awarding costs, the Court may issue execution therefor. In all involuntary cases under this Act, the Court shall allow the petitioning creditors, out of the estate of the debtor, if any adjudication of insolvency be made, as a preferred claim, all legal costs and disbursements incurred by them in that behalf.

SEC. 70. The Court may, upon the application of the debtor, if it be a voluntary petition, or of the petitioning creditors, if a creditors' petition, dismiss the petition and discontinue the proceedings at any time before the appointment of an assignee, upon giving ten days' notice to the creditors, in the same manner that notice of the time and place of election of an assignee is given, if no creditor files written objections to such dismissal; provided, however, that by consent of all creditors the proceedings may be dismissed at any time. After the appointment of an assignee, no dismissal shall be made without the consent of all parties interested in or affected thereby.

SEC. 71. An appeal may be taken to the Supreme Court in the following cases:

1. From an order granting or refusing an adjudication of insolvency.

2. From an order made at the hearing of any account of an assignee, allowing or rejecting a creditor's claim, in whole or in part.

3. From an order granting or overruling a motion for a new trial.

4. From an order settling an account of an assignee. 5. From an order against or in favor of setting apart homestead or other property claimed as exempt from execution.

6. From an order granting or refusing a discharge to the debtor.

The notice, undertaking, and procedure on appeal shall conform to the general laws of this State regulating appeals in civil cases, except that when an assignee has given an official undertaking and appeals from a judgment or order in insolvency, his official undertaking stands in the place of an undertaking on appeal, and the sureties therein are liable on such undertaking; provided, however, that an appeal from an order granting or refusing an adjudication of insolvency shall not stay proceedings unless a written undertaking be entered into on the part of the appellant, with at least two sureties, in such an amount as the Court, or a Judge thereof, may direct, but not less than double the value of the property involved, to the effect that if the order appealed from be affirmed, or the appeal dismissed, appellant will pay all costs and damages which the adverse party may sustain by reason of the appeal and the stay of proceedings.

SEC. 72. The Insolvent Act of eighteen hundred and eighty, and all amendments thereto, are hereby repealed; provided, however, that such repeal shall in no manner invalidate or affect any case in insolvency instituted and pending in any Court on and prior to the day when this Act shall take effect.

CHAPTER CXLV.

An Act to amend section thirty-four hundred and forty-two of the Civil Code of the State of California, relating to fraudulent instruments and transfers.

[Approved March 26, 1895.]

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

SECTION 1. Section thirty-four hundred and forty-two of the Civil Code of the State of California is hereby amended to read as follows:

3442. In all cases arising under section twelve hundred and twenty-seven, or under the provisions of this title, except as otherwise provided in section thirty-four hundred and forty, the question of fraudulent intent is one of fact and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration; provided, however, that any transfer or incumbrance of property made or given voluntarily, or without a valuable consideration, by a party while insolvent or in contemplation of insolvency, shall be fraudulent, and void as to existing credit

ors.

CHAPTER CXLIX.

An Act to amend section seventeen hundred and thirty-six of the Code of Civil Procedure, relating to a report as to the condition of the estate.

[Approved March 26, 1895.]

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

SECTION 1. Section seventeen hundred and thirty-six of the Code of Civil Procedure is hereby amended to read as follows: 1736. The Public Administrator, or any person who received letters of administration while acting as Public Administrator, must, once in every six months, make to the Superior Court, under oath, a return of all the estates of decedents which have come into his hands, the value of each estate, the money which has come into his hands from every such estate, and what he has done with it, and the amount of his fees, and expenses incurred in each estate, and the balance, if any, in each such case remaining in his hands; publish the same six times in some newspaper published in the county, or if there is none, then post the same, legibly written or printed, in the office of the County Clerk of the county. One copy of the return must be filed with papers in each estate so reported.

SEC. 2. This Act shall take effect from and after its passage.

CHAPTER CL.

An Act to amend an Act entitled "An Act providing for the removal of human remains from cemeteries in cities having a population of more than five thousand and not exceeding one hundred thousand," approved March 23, 1893.

[Approved March 26, 1895.]

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

SECTION 1. The Act of the Legislature entitled "An Act providing for the removal of human remains from cemeteries in cities having a population of more than five thousand and not exceeding one hundred thousand," approved March twentythird, eighteen hundred and ninety-three, is hereby amended to read as follows:

1. The City Council of any city in this State having a population of more than fifteen hundred and not exceeding one hundred thousand, may, by ordinance duly passed, and under such lawful rules and regulations which it may adopt, provide. for the exhuming, taking up, and removal from cemeteries within the boundary lines of such city, or from cemeteries owned and controlled by such city that may have been located

without its boundaries (and in which such cemeteries no interments of human remains have been made for a period of not less than two years), of all the human remains interred in such cemeteries.

CHAPTER CLII.

An Act to amend section seven hundred and fifty-two of an Act entitled "An Act to provide for the organization, incorporation, and government of municipal corporations," approved March 13, 1883, and the amendment thereto, approved March 19, 1889.

[Approved March 26, 1895.]

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

SECTION 1. Section seven hundred and fifty-two of an Act entitled "An Act to provide for the organization, incorporation, and government of municipal corporations," approved March thirteenth, eighteen hundred and eighty-three, and amended March nineteenth, eighteen hundred and eighty-nine, is hereby amended to read as follows:

Section 752. The members of the Board of Trustees, and of the Board of Education, and the City Clerk, City Attorney, Assessor, Marshal, Treasurer, and Recorder shall be elected by the qualified electors of said city, at a general municipal election, to be held therein on the second Monday in April in each odd-numbered year. The City Clerk, City Attorney, Assessor, Marshal, Treasurer, and Recorder shall hold office for the period of two years from and after the Monday next succeeding the day of such election, and until their successors are elected and qualified. Members of the Board of Trustees and of the Board of Education shall hold office for the period of four years from and after the Monday next succeeding the day of such election, and until their successors are elected and qualified; provided, that the first Board of Trustees and Board of Education elected under the provisions of this Act shall, at their first meeting, so classify themselves, by lot, as that three of their members shall go out of office at the expiration of two years, and two at the expiration of four years. The Board of Trustees may, in their discretion, appoint a Poundmaster, also a Superintendent of Streets and a City Engineer, all of whom shall hold office during the pleasure of the Board.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAPTER CLV.

An Act to amend section three thousand seven hundred and thirteen of the Political Code, relating to the levy of taxes. [Approved March 26, 1895.]

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

SECTION 1. Section three thousand seven hundred and thirteen of the Political Code is hereby amended so as to read as follows:

3713. The State Board of Equalization must, for State purposes for the forty-seventh and forty-eighth fiscal years, fix such an ad valorem rate of taxation upon each one hundred dollars in value of taxable property in this State, as after allowing five per cent for delinquencies in and costs of collection of taxes, as provided in section three thousand six hundred and ninety-six of the Political Code, will raise for the forty-seventh fiscal year:

First-For the General Fund, four million nine hundred and thirteen thousand and one hundred and six dollars.

Second-For the School Fund, two million one hundred and ninety-five thousand four hundred and fifty-nine dollars. Third-For the Interest and Sinking Fund, one hundred and forty-one thousand four hundred and thirty-five dollars. And for the forty-eighth fiscal year:

First-For the General Fund, two million six hundred and eighty-one thousand three hundred and seventy-one dollars. Second-For the School Fund, two million one hundred and ninety-five thousand four hundred and fifty-nine dollars.

Third-For the Interest and Sinking Fund, one hundred and forty-one thousand four hundred and thirty-five dollars.

CHAPTER CLVI.

An Act to prevent the sale of intoxicating liquors in the immediate vicinity of soldiers' homes.

[Approved March 26, 1895.]

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

SECTION 1. Every person who sells or gives away any ale, beer, wine, cider, or other intoxicating liquors, within one and one half miles outside of the boundary line of the lands occupied by any home, retreat, or asylum for disabled volunteer soldiers, or soldiers and sailors, which has been or may hereafter be established by the Government of the United States, within the State of California, is guilty of a misde