meanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, and in addition to such fine shall be imprisoned in the county jail thirty days; and upon the conviction of the owner or keeper thereof, the place wherein such intoxicating liquors shall have been sold or given away shall be, by order of the Court wherein such conviction is made, within ten days thereafter, shut up and abated as a nuisance. And it is hereby made the duty of the District Attorney of the county in which any such institution is or may be located to prosecute all offenders against the provisions of this Act.

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

CHAPTER CLVII.

An Act to add a new section to the Civil Code, to be designated as section six hundred and sixteen, authorizing corporations organized to establish and maintain or to improve cemeteries, to take and hold property bequeathed, granted, or given to them upon trust, to apply the same, or the proceeds or income thereof, to the improvement or embellishment of cemeteries, or of any lot therein, or to the erection or maintenance of any monument, structure, or improvement therein.

[Approved March 26, 1895.]

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

SECTION 1. A new section is hereby added to the Civil Code of this State, as follows, viz.:

616. Any corporation organized to establish and maintain, or to improve, a cemetery, may take and hold any property bequeathed, granted, or given to it upon trust, to apply the proceeds or income thereof to any or all of the following purposes: To the improvement or embellishment of such cemetery, or of any lot therein; or to the erection, renewal, repair, or preservation of any monument, fence, or other structure in such cemetery; or to the planting or cultivation of trees, shrubs, or plants in or around such cemetery, or any lot therein; or to the improving, ornamenting, or embellishing of such cemetery, or any lot therein, in any other mode or manner not inconsistent with the purposes for which said cemetery was established or is being maintained. Such property, and the proceeds or income thereof, shall be invested and re-invested by such corporation, in the bonds of the United States, or of this State, or of any municipality of this State, or in mortgages of real estate, if such investment be not repugnant to the terms of the bequest, grant, or gift.

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

CHAPTER CLIX.

An Act prescribing how judgments which may be recovered against any city and county of over one hundred thousand population shall be paid.

[Approved March 26, 1895.]

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

SECTION 1. All existing judgments against any city and county of over one hundred thousand population shall be paid by the Treasurer of such city and county, out of the or any General Fund thereof, after the same shall have been audited by the Auditor, auditing officer, board, or other auditing officer or officers, and it is hereby made the duty of the Board of Supervisors and Mayor of such city and county to include in the tax levy for any fiscal year a sum sufficient to pay existing judgments.

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

CHAPTER CLX.

An Act to amend an Act entitled "An Act to provide and regulate the manner of receiving and paying fees, commissions, percentages, and other compensation for official services in cities, and cities and counties, having a population of over one hundred thousand inhabitants, and prescribing the duties of officers with reference thereto," approved March 11, 1893, by adding two new sections thereto, to be known and designated as sections number fifteen and sixteen, respectively, providing for the appointment of certain clerks, to be known as fee clerks, prescribing the duties of such clerks, and regulating and providing for their salary.

[Approved March 26, 1895.]

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

SECTION 1. Two new sections are hereby added to an Act entitled "An Act to provide and regulate the manner of receiving and paying fees, commissions, percentages, and other compensation for official services in cities, and cities and counties, having a population of over one hundred thousand inhabitants, and prescribing the duties of officers with reference thereto," approved March eleventh, eighteen hundred and ninety-three, to be known as sections fifteen and sixteen of said Act, to read as follows:

Section 15. For the purpose of carrying out the provisions of said Act the Treasurer of any such cities, or cities and counties, is hereby authorized to appoint clerks not to exceed three

in number, to be known as fee clerks, and said fee clerks shall be allowed a salary of one hundred and fifty dollars per month; they shall give a bond in whatever sum the said Treasurer may exact, and they shall perform such duties as he, the said Treasurer, may direct. The salaries of said clerks shall be a charge and paid out of the unapportioned fee fund in this Act created. Section 16. The Boards of Supervisors of any such cities, or cities and counties, if in their judgment they deem it necessary, may grant additional assistance in the way of clerks to any of the fee officers whose labor has been increased under said Act; and the salaries of such additional clerks shall be allowed and audited out of said unapportioned fee fund. SEC. 2. This Act shall take effect immediately.

CHAPTER CLXI.

An Act concerning the completion of unfinished public buildings in any county, city, city and county, or town in this State, and permitting alterations of the original plans or designs for the construction thereof.

[Approved March 26, 1895.]

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

SECTION 1. Where there are any unfinished public building or buildings now in process of construction in any county, city, city and county, or town in this State, the Board of Supervisors or other governing body of any county, city, city and county, or town, or any commission created by an Act of the Legislature, having in charge the construction of such unfinished building, shall have the right in the construction thereof to omit from the original or adopted plan therefor such part or parts as in their judgment they shall deem necessary to be left out; provided, no contract has been let for the construction of such part or parts. If, in the judgment of such officers, the public good requires, they may let contracts according to law for the construction, in whole or in part, of the unfinished portions of such public building or buildings in accordance with such altered plan. When the same shall have been constructed in accordance with such altered plan, the building shall be deemed to have been completed.

SEC. 2. Whenever, during the construction of such public building or buildings, changes in the original plans or designs have heretofore been made, and contracts for the construction of the work, in whole or in part, in accordance with the altered plans or designs, have been entered into by the Board of Supervisors, or other governing body of any county, city, city and county, or town, or by the commission having the construction thereof in charge, the said alteration of the original plans or designs that have been made and contracts for same that have been entered into, are hereby ratified, approved, and confirmed. SEC. 3. This Act shall take effect from and after its passage.

CHAPTER CLXII.

An Act to amend an Act approved March 11, 1893, entitled “An Act to amend an Act entitled 'An Act to provide for the completion of all unfinished county, city, city and county, towns, and township buildings in the several counties, cities and counties, cities, and towns throughout the State of California,' approved March 11, 1891."

[Approved March 26, 1895.]

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

SECTION 1. Section one of the aforesaid Act is hereby amended so as to read as follows:

Section 1. In the event that the Board of Supervisors of the several counties, cities, and cities and counties of the State of California shall deem it expedient to continue the construction of any unfinished county, or city and county, or town, or township building or buildings now in the 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 eight 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 ten cents on each one hundred dollars of value, as shown by the assessment rolls of said counties, cities, cities and counties, 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 whenever, in the judgment of the Board of Supervisors of the several counties, cities, and cities and counties of the State of California, or of any person or persons, board, or commission

having charge of any building or buildings now in the process of construction, it shall be deemed necessary for the preservation of the building or buildings, or convenient occupation thereof, or the improvement or maintenance of sanitary conditions therein, or the protection of life, to make repairs on said building or buildings, or alterations thereof not inconsistent with the accepted plan of the building or buildings, the Board of Supervisors, person or persons, board, or commission having legal charge of the same, shall have the power to expend in any one year on such repairs or alterations, exclusive of the cost of repairs or alterations on the roof or roofs thereof, the sum of ten thousand dollars, and no more; which sum may be expended without regard to any of the requirements of any Act or Acts authorizing the construction of the building or buildings, if the amount expended at any one time does not exceed the sum of one thousand dollars; but whenever an expenditure in excess of the sum of one thousand dollars should be required, it shall be made according to the provisions of the Act or Acts authorizing the construction of the building or buildings.

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

CHAPTER CLXIII.

An Act to amend sections forty-seven and forty-eight of the Civil Code of the State of California, relating to libel and slander. [Approved March 26, 1895.]

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

SECTION 1. Section forty-seven of the Civil Code is hereby amended so as to read as follows:

47. A privileged publication is one made

1. In the proper discharge of an official duty.

2. In any legislative or judicial proceeding, or in any other official proceeding authorized by law.

3. In a communication, without malice, to a person interested therein, by one who is also interested, or by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent, or who is requested by the person interested to give the information.

4. By a fair and true report, without malice, in a public journal, of a judicial, legislative, or other public official proceeding, or of anything said in the course thereof, or of a verified charge or complaint made by any person to a public official, upon which complaint a warrant shall have been issued.

5. By a fair and true report, without malice, of the proceedings of a public meeting, if such meeting was lawfully convened for a lawful purpose and open to the public, or the publication of the matter complained of was for the public benefit.