For each mile actually traveled in attending Court as a juror, except in criminal cases in Justice's Court, for which no allowance shall be made, in going only, per mile, fifteen cents. WITNESS' FEES. For each day's actual attendance, when legally required to attend upon the Superior Court, per day, two dollars in civil cases, and one dollar and fifty cents in criminal cases. Mileage actually traveled, one way only, per mile, ten cents; provided, however, that in criminal cases, such per diem and mileage shall only be allowed upon a showing to the Court, by the witness, that the same are necessary for the expenses of the witness in attending, and the Court shall determine the necessity for the same, and may disallow any fees to a witness unnecessarily subpoenaed. For each day's attendance upon Justice Court, in civil cases only, when legally required to attend, per day, one dollar. For each mile actually traveled, in civil cases only, in Justice's Court, in going only, ten cents. Witnesses in civil cases may demand the payment of their mileage and fees for one day in advance, and when so demanded shall not be compelled to attend until the same shall have been paid. CORONER. Coroners may, for their own use, collect the following fees, and no others: For general services in holding an inquest, ten dollars. For each mile necessarily traveled in going to the place of the inquest, twenty-five cents. For directing or attending the interment of each body upon which an inquest has been held, two dollars; which fees shall be all that he shall be entitled to charge. When acting as or in the place of the Sheriff, the same fees as are allowed the Sheriff for like services. PUBLIC ADMINISTRATOR. The Public Administrator shall charge and collect such fees as are now or may hereafter be allowed by law. COUNTY SURVEYOR. The County Surveyor shall charge and collect such fees as are now or may hereafter be allowed by law. SEC. 2. No fees or other compensation shall be paid for certificate of declaration to become a citizen of the United States, and for making a record thereof, or for issuing a certificate of citizenship to become a citizen of the United States, or for making a record thereof; and no fees or other compensation shall be paid for filing the statement and affidavit of a com mittee or candidate voted for at any public election held within the State; and this section shall apply to all the counties in this State. SEC. 3. All Acts or portions of Acts inconsistent herewith are hereby repealed. SEC. 4. This Act shall take effect immediately. CHAPTER CCVIII. An Act providing for the erection and operation of rock-crushing plants at the State Prisons, for the preparation of highway material for the benefit of the people of the State, and providing for the necessary advances and appropriation of money to carry out said work. [Approved March 28, 1895.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. The Governor of the State, the State Prison Directors, and the Bureau of Highways (or if the latter shall not be established, then and in that case the two first named) shall, when satisfied that fifty thousand cubic yards of prepared road or highway metal, as hereinafter described, will be taken for highway purposes, purchase, establish, and operate at one or both of the State Prisons, a rock or stone crushing plant, to be operated by convict labor and by the application of power under control of the State Prison Directors, and with such free labor as is necessary for superintendence and direction, to crush rock or stone into road metal for highway purposes, of different and necessary degrees of fineness; provided, that the authority and direction hereby and herein conferred and given, shall not be exercised or employed until the Governor and the State Prison Directors are satisfied that transportation can be had for such highway metal for highway purposes at just and reasonable rates, and so as to justify the setting up and operation herein provided for of said plant. SEC. 2. When such plant described in section one is set up and operated there shall be taken into account in ascertaining the cost of producing highway metal therefrom, only the cost of necessary explosives, oil, fuel, tools, and machinery exclusive of the plant itself, repairs, superintendence, and direction, and the preparation and maintenance of beds, boxes, crates, or other unloading devices for carriage and delivery from cars of said highway metal. SEC. 3. To said cost of production so ascertained, as set out in section two, there shall be added for and to each and every cubic yard of highway metal so produced, ten per cent, and the result or product of such addition shall be the sale price of such metal delivered from the plant free on board of the cars or other vehicles of transportation. SEC. 4. Said ten per cent shall, as realized, and not less frequently than semi-annually, be paid into the State Treasury, until there shall have been paid in the full sum of twenty-five thousand dollars, and thereafter said percentage shall be reduced to five per cent, and the same, as realized, shall be paid into the fund for the support of the State Prisons. SEC. 5. The State Prison Directors are hereby authorized to lease railroad cars with equipment suitable for the rapid and economical handling and delivery of highway material prepared as aforesaid, whenever in their judgment the interests of the people of the State will be conserved thereby in the matter of highway construction by the use of such highway metal so produced, as in this Act provided. The cost of such leasing shall in such case be carried into the cost of production described in section two. SEC. 6. The sum of thirty thousand dollars is hereby advanced by the State, for the purposes of this Act, and said sum is hereby appropriated out of the General Fund of the Treasury, subject to the demand of the State Prison Directors; and the State Controller shall, on presentation of such demand, in writing, draw his warrant upon the Treasurer for the said sum of money in behalf of said State Prison Directors, and the State Treasurer shall, on presentation of such warrant, pay the same. Twenty-five thousand dollars of said sum of money so advanced and appropriated shall be returned to the fund from which drawn, as is specified and directed in this Act. SEC. 7. The sum of five thousand dollars is hereby set apart out of the money so appropriated in the previous section, to and for the usage of the State Prison Directors, to provide and maintain a permanent revolving fund for the purchase of tools, machinery, and other material and appliances, exclusive of the establishment of the plant described in this Act, to be used in the process of crushing and handling rock or stone at the State Prisons for the purposes contemplated and set out in this Act. All money taken from said revolving fund shall be used exclusively in payment for such supplemental machinery, tools, material, and appliances necessary to the proper quarrying, handling, and preparing of highway material at said State Prisons; and so much of the money received for sale of highway metal as shall be necessary to that end shall be returned to said revolving fund as is needed to keep the same constantly at the said figure of five thousand dollars. SEC. 8. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. SEC. 9. This Act shall take effect and be in force from and after its passage. CHAPTER CCXIII. An Act to amend the Penal Code by adding a new section, to be known as section ten hundred and eighty-nine of the Penal Code of the State of California, relating to alternate jurors. [Approved March 28, 1895.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. The Penal Code of the State of California is hereby amended by adding a new section thereto, to be known as section ten hundred and eighty-nine, to read as follows: 1089. Whenever, in the opinion of a Judge of a Superior Court about to try a defendant against whom has been filed any indictment or information for a felony, the trial is likely to be a protracted one, the Court may cause an entry to that effect to be made in the minutes of the Court, and thereupon, immediately after the jury is impaneled and sworn, the Court may direct the calling of one or two additional jurors, in its discretion, to be known as "Alternate Jurors." Such jurors must be drawn from the same source, and in the same manner, and have the same qualifications as the jurors already sworn, and be subject to the same examination and challenges; provided, that the prosecution shall be entitled to one, and the defendant to two, peremptory challenges to such alternate jurors. Such alternate jurors shall be seated near, with equal power and facilities for seeing and hearing the proceedings in the case, and shall take the same oath as the jurors already selected, and must attend at all times upon the trial of the cause in company with the other jurors; and for a failure so to do are liable to be punished for contempt. They shall obey the orders of and be bound by the admonition of the Court upon each adjournment of the Court; but if the regular jurors are ordered to be kept in the custody of the Sheriff during the trial of the cause, such alternate jurors shall also be kept in confinement with the other jurors; and except, as hereinafter provided, shall be discharged upon the final submission of the case to the jury. If, before the final submission of the case, a juror die, or become ill, so as to be unable to perform his duty, the Court may order him to be discharged and draw the name of an alternate, who shall then take his place in the jury-box, and be subject to the same rules and regulations as though he had been selected as one of the original jurors. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAPTER CCXV. An Act to amend sections sixteen hundred and seventy and sixteen hundred and seventy-one of the Political Code, relating to high schools. [Approved March 28, 1895.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section sixteen hundred and seventy of the Political Code is hereby amended to read as follows: 1670. First-Any city, incorporated town, or school district having a population of one thousand inhabitants or more, may, by a majority vote of the qualified electors voting at the election held for the purpose of determining the establishment and maintenance of such high school, establish and maintain a high school at the expense of such city, incorporated town, or school district. Second-Whenever a majority of the heads of families, as shown by the last preceding school census, in any city, incorporated town, or school district, having one thousand or more inhabitants, shall unite in a petition to the Board of Education or Board of School Trustees of said city, incorporated town, or school district, for the establishing and maintaining of a high school therein, said Board of Education or Board of School Trustees shall petition the County Superintendent of Schools to call an election in said city, incorporated town, or school district, for the determination of the question. Third-Within twenty days after receiving said petition from said Board of Education or Board of School Trustees, the County Superintendent of Schools shall call an election therein for the determination of the question, and shall appoint three qualified electors thereof to conduct said election. Said election shall be called by posting notice thereof in five of the most public places in said city, incorporated town, or school district, and by publication in a daily or weekly paper therein, if there be one, for not less than fifteen days. Said election shall be conducted in the manner prescribed for conducting school elections. The ballots at such elections shall contain the words "For High School," and the voter shall write or print after said words on his ballot the word "Yes," or the word "No." It shall be the duty of said election officers to report the result of said election to the County Superintendent of Schools within ten days subsequent to the holding thereof. Fourth-When a majority in each district, as shown by the last preceding school census, of the heads of families residing in two or more contiguous school districts in the same county, shall unite in a petition to the County Superintendent of Schools for the establishing and maintaining of a union high school district, he shall, within twenty days after receiving said petition, call an election for the determination of the question, and shall appoint three |