CHAPTER XV. 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. [Approved March 5, 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, is hereby amended so as to read as follows: Section 752. The members of the Board of Trustees, and of the Board of Education, and the Assessor, Marshal, Treasurer, City Attorney, 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 The Assessor, Marshal, Treasurer, City Attorney, 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 City Clerk shall be appointed by the Board of Trustees, and shall hold office during the pleasure of the Board of Trustees. The Board of Trustees may, in their discretion, appoint a Poundmaster, to hold office during the pleasure of the Board; also, a Superintendent of Streets and a City Engineer, both of whom shall hold office during the pleasure of the Board, and both of which offices may be held by the same person. SEC. 2. This Act shall take effect immediately. CHAPTER XVIII. An Act to amend section three thousand and ten of the Civil Code, relating to the right of the pledgee to purchase the pledged property when sold at public auction. [Approved March 8, 1895.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section three thousand and ten of the Civil Code is hereby amended so as to read as follows: 3010. Whenever property pledged is sold at public auction, in the manner provided by section three thousand and five of this Code, the pledgee or pledge-holder may purchase said property at such sale. SEC. 2. This Act shall take effect immediately. CHAPTER XXI. An Act to amend section seventeen hundred and ninety-nine of an Act entitled "An Act to establish a Code of Civil Procedure," approved March 11, 1872, relating to the discharge of guardians. [Approved March 8, 1895.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section seventeen hundred ninety-nine of an Act entitled "An Act to establish a Code of Civil Procedure," approved March eleventh, eighteen hundred and seventy-two, is hereby amended to read as follows: 1799. Such order is a discharge of the executor, administrator, local guardian, or other person in whose possession the property may be at the time the order is made, on filing with the Clerk of the Court a receipt therefor of a foreign guardian of such absent ward, and transmitting a duplicate receipt, or a certified copy of such receipt, to the Court from which such non-resident guardian received his appointment. CHAPTER XXII. An Act to amend chapter two, part four, title fourteen, of the Civil Code, by adding thereto a new section, to be numbered as section twenty-nine hundred thirty-nine and one half, relating to satisfactions or releases of mortgages in this State by foreign executors or administrators. [Approved March 8, 1895.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Chapter two, part four, title fourteen, of the Civil Code, is hereby amended by adding a new section thereto, to be numbered and known as twenty-nine hundred thirty-nine and one half, and to read as follows: 2939. Foreign executors and administrators may satisfy mortgages upon the records of any county in this State, upon producing and recording in the office of the County Recorder of the county in which such mortgage is recorded, a duly certified and authenticated copy of their letters testamentary or of administration, and which certificate shall also recite that said letters have not been revoked. SEC. 2. This Act shall take effect immediately. CHAPTER XXIII. An Act to amend section seven hundred and fifty-two of an Act entitled "An Act to establish a Political Code," approved March 12, 1872, relative to the fees to be collected by the Clerk of the Supreme Court of the State of California. [Approved March 8, 1895.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section seven hundred fifty-two of an Act entitled "An Act to establish a Political Code," approved March twelfth, eighteen hundred and seventy-two, is hereby amended to read as follows: 752. He must collect in advance the following fees: For filing the transcript on appeal, in each civil case appealed to the Supreme Court, ten dollars, in full of all services rendered in each case up to the rendering of the judgment or the issuing of the remittitur, when no petition for a rehearing has been filed; for filing a petition for a rehearing, and for all services to the issuing of remittitur to the Court below, two dollars and fifty cents; for filing motion to dismiss appeal on Clerk's certificate, two dollars and fifty cents; for filing petitions for writs of mandate, review, prohibition, and other original proceedings, seven dollars and fifty cents, in full for all services rendered in each case; for filing order extending time to file transcript, fifty cents; for certificate of admission as attorney and counselor, ten dollars; for filing each paper in writs of error to the Supreme Court of the United States, twenty-five cents; for making record in writs of error to the Supreme Court of the United States, and for copies of any record or document in his office, per folio, ten cents; but this fee shall not be taxed against parties to suits for any paper or copy of paper up to and including remittitur; for comparing any document requiring any document requiring a certificate, per folio, five cents; for each certificate under seal, one dollar. SEC. 2. This Act shall take effect from and after its passage. CHAPTER XXIV. An Act to amend section two hundred and ninety-seven of an Act entitled "An Act to establish a Civil Code," approved March 21, 1872, relating to articles of incorporation. [Approved March 8, 1895.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two hundred and ninety-seven of the Civil Code is hereby amended to read as follows: 297. A copy of any articles of incorporation filed in pursuance of this chapter, and certified by the Secretary of State, or by the County Clerk of the county where the original articles shall have been filed, must be received in all the Courts of this State, and other places, as prima facie evidence of the facts therein stated. SEC. 2. This Act shall take effect immediately on its passage. CHAPTER XXV. An Act to amend section ninety-four of an Act entitled "An Act to establish a Penal Code," approved February 14, 1872, relative to the fees of court reporters and the misconduct of judicial officers. [Approved March 8, 1895.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section ninety-four of an Act entitled "An Act to establish a Penal Code," approved February fourteenth, eighteen hundred and seventy-two, is amended to read as follows: 94. Every judicial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. Every judicial officer who shall ask or receive the whole or any part of the fees allowed by law to any stenographer or reporter appointed by him, or any other person, to record the proceedings of any Court or investigation held by him, shall be guilty of a misdemeanor, and upon conviction thereof shall forfeit his office. Any stenographer or reporter, appointed by any judicial officer in this State, who shall pay, or offer to pay, the whole or any part of the fees allowed him by law, for his appointment or retention in office, shall be guilty of a misdemeanor, and upon conviction thereof shall be forever disqualified from holding any similar office in the Courts of this State. SEC. 2. This Act shall take effect immediately. CHAPTER XXVI. An Act to amend section five hundred and eighty-one of an Act entitled "An Act to establish a Code of Civil Procedure," approved March 11, 1872, relating to the dismissal of civil actions. [Approved March 8, 1895.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section five hundred and eighty-one of the Code of Civil Procedure is hereby amended to read as follows: 581. An action may be dismissed or a judgment of nonsuit entered, in the following cases: 1. By the plaintiff himself, at any time before trial, upon payment of costs; provided, a counter-claim has not been made, or affirmative relief sought by the cross-complaint or answer of the defendant. If a provisional remedy has been allowed, the undertaking must thereupon be delivered by the Clerk to the defendant, who may have his action thereon. 2. By either party upon the written consent of the other. 3. By the Court, when the plaintiff fails to appear on the trial, and the defendant appears and asks for the dismissal. 4. By the Court, when upon the trial and before the final submission of the case, the plaintiff abandons it. 5. By the Court, upon motion of the defendant, when upon the trial the plaintiff fails to prove a sufficient case for the jury. 6. By the Court, when, after verdict or final submission, the party entitled to judgment neglects to demand and have the same entered for more than six months. The dismissal mentioned in the first two subdivisions of this section is made by entry in the Clerk's register; judgment may thereupon be entered accordingly. 7. And no action heretofore or hereafter commenced shall be further prosecuted, and no further proceedings shall be had therein, and all actions heretofore or hereafter commenced shall be dismissed by the Court in which the same shall have been |