receive a salary of three thousand dollars per annum, payable Salary and in monthly installments, and shall be allowed his actual trav- expenses. eling and other necessary incidental expenses incurred while in the performance of official duties. tion of office. SEC. 2. This Act and the Act creating a Commissioner of TerminaPublic Works, defining his duties and powers, prescribing his compensation, and making appropriation, approved March twenty-fourth, eighteen hundred and ninety-three, relating to the office of Commissioner of Public Works, of which Act this is amendatory, shall cease, terminate, and be at an end on the first day of March, eighteen hundred and ninety-nine, and the office of commissioner created hereunder, and under said Act approved March twenty-fourth, eighteen hundred and ninetythree, and all officers and employés appointed by said commission, shall cease, and their employment thereafter shall be discontinued, and the State of California shall in no manner whatever be liable for the compensation of the commissioner, officers, or employés, employed by him, or by said commission, after said date. SEC. 3. This Act shall take effect immediately. CHAPTER XXIX. An Act to compel all depositaries of money and commercial banks to publish a sworn statement of all unclaimed deposits. [Approved February 25, 1897.] The People of the State of California, represented in Senate and of un deposits to the Bank SECTION 1. The president, cashier, or secretary of every A sworn bank, depositary, society, or institution of every kind or char- statement acter which receive money on deposit, or in which deposits of claimed money are made, and upon which deposits no interest is paid, be made to shall, within fifteen days after the first day of June in the year Commisone thousand eight hundred and ninety-seven, and within sioners. fifteen days of the first day of June of each and every second succeeding year thereafter, return to the Board of Bank Commissioners a sworn statement showing the amount standing to his credit, the last known place of residence or post office address, and the fact of death, if known to said president, cashier, or secretary, of every depositor of such bank, depositary, society, or institution, who shall not have made a deposit therein, or withdrawn therefrom any part of his deposit or funds to his credit therein, for a period of more than ten years next preceding; and the presidents, cashiers, or secretaries, of statement all such banks, depositaries, societies, and institutions, which to be pubreceive money on deposit or in which deposits of money is made, shall give notice of these deposits, in one or more newspapers published in or nearest to the city, city and county, or lished. town where such banks, depositaries, societies, or institutions are situated, at least once a week for four successive weeks, the cost of such publications to be paid pro rata out of said unclaimed deposits; provided, however, that this Act shall not Exception. apply to or affect the deposit made by or in the name of any person known to the said presidents, cashiers, or secretaries, to belong, or any deposit which, with the accumulations thereon, shall be less than fifty dollars. Duty of missioners. SEC. 2. The Board of Bank Commissioners shall incorporate Bank Com in their subsequent report each return which shall have been made to them, as provided in section one of this Act. Penalty. SEC. 3. Any president, cashier, or secretary of either of the banks, depositaries, societies, or institutions named in section one of this Act, neglecting or refusing to make the sworn statement required by said section one, shall be guilty of a misdemeanor. Legislative take cen sus. CHAPTER XXX. An Act to authorize any city, or city and county of this State to take its census. [Approved February 25, 1897.] The People of the State of California, represented in Senate and SECTION 1. The Council, or other legislative body of any city body may in this State, and the Board of Supervisors, or other legislative body of any city and county of this State, is hereby authorized, whenever said Council, Board of Supervisors, or other legislative body, may deem it necessary, between the years of taking the federal census, to take the census of such city, or city and county, in the manner prescribed by section two of this Act. Manner census. Certified copy. SEC. 2. Said Council, Board of Supervisors, or other legislative body of any city, or city and county of this State electing to take a census, as in this Act provided for, shall pass a resolution of intention declaring its intention to cause such census to be taken by one or more suitable persons appointed therefor by such Council, Board of Supervisors, or other legislative body, at the expense of said city or cities desiring such census taken, and such census shall, by such persons so appointed, be taken of all the inhabitants of such city, or city and county, and in said census the full name of each person shall be plainly written and the names alphabetically arranged and regularly numbered in one complete series, and when completed shall be verified before any officer authorized to administer oaths, and be filed with the clerk of such city, or city and county. SEC. 3. A certified copy of such census shall be prepared by said clerk after being so filed, and shall be filed by him with the Secretary of State for this State, and thereupon the same shall be known and be the official state census of said city, or city and county. SEC. 4. This Act shall take effect and be in force from and after its passage. CHAPTER XXXI. An Act to amend section three hundred and ninety-seven of the Penal Code, relating to penalties for selling liquor to habitual or common drunkards and Indians. [Approved February 25, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section three hundred and ninety-seven of said Act is hereby amended to read as follows: habitual and 397. Every person who sells or furnishes, or causes to be selling sold or furnished, any intoxicating liquors to any habitual or liquor to common drunkard, is guilty of a misdemeanor; or who sells or drunkards furnishes, or causes to be sold or furnished, intoxicating liquors Indians. to any Indian, is punishable by imprisonment in the state prison, or in a county jail, not exceeding two years, or by a fine not exceeding one thousand dollars, or both. CHAPTER XXXII. An Act to legalize certain acknowledgments. [Approved February 25, 1897.] The People of the State of California, represented in Senate and Assembly, do enact as follows: certain SECTION 1. All acknowledgments of deeds and other instru- Legalizing ments of writing, whereby real estate, or any interest therein, Ceknowl is conveyed or may be affected, heretofore taken before Court edgments. Commissioners or a County Clerk, and by them or him certified in the usual legal form, shall, from and after the passage of this Act, have the same force and effect for all purposes, as though such acknowledgments had been taken before and certified by a clerk of a court of record, or a County Recorder, or a notary public; and the record of such deeds or instruments, if the same shall have been admitted to record, shall hereafter impart notice to the same extent as though such acknowledgments had been taken before and certified by any one of the above-named officers, and said records and duly certified copies thereof shall have the same effect in evidence as though said deeds or instruments had been originally acknowledged and certified before and by duly authorized officers; provided, nothing in this Act shall be so construed as in any manner to affect the rights of any subsequent purchaser in good faith and for value. SEC. 2. This Act shall take effect from and after its passage. CHAPTER XXXIII. An Act to amend section six hundred and thirty-eight of the Civil Code of the State of California, relating to the interest to be charged and security to be taken by mutual building and loan associations. [Approved February 25, 1897.] The People of the State of California, represented in Senate and Section six hundred and thirty-eight of the Civil Code of the State of California is hereby amended so as to read as follows: 638. The rate of interest on all loans may be fixed by the by-laws, but, in case the by-laws fail to fix the rate, then it charged by shall be fixed, from time to time, by the board of directors. Rate of interest to be building and loan associations. Security. Repay- For every loan made, a note or obligation, secured by a first mortgage or deed of trust upon unincumbered real estate, shall be given, accompanied by a transfer and pledge to the association of the shares borrowed upon, as collateral security for the repayment of the loan; or, in lieu of the mortgage or deed of trust, there may be pledged and transferred to the association, for the payment of the loan, free shares, the withdrawal value of which, under the by-laws, at the time of such borrowing, shall exceed the amount borrowed and interest thereon for six months. At the discretion of the board of directors, a borrower may repay a loan, and all arrears of interest and fines thereon, at any time upon the surrender of the shares pledged for the loan. Author izing State Agri cultural CHAPTER XXXIV. An Act to authorize state agricultural societies under the control of the State to sell property held by them in fee, or held by trustees for their use, or in which they may have any interest; to prescribe a course of procedure therefor; to indemnify purchasers at such sale, and to direct how the proceeds shall be applied. [Approved February 25, 1897.] The People of the State of California, represented in Senate and SECTION 1. Whenever any state agricultural society under Society to state control shall desire to sell the whole or any portion of its real estate held by it in fee, or by a trustee for its use, or sell real estate. ants. in which it may have any title, interest, or claim, it shall be lawful for such society or association to file its complaint in the Superior Court of the county in which such lands are situated, setting forth the nature of the title under which the land to be affected by the decree of the court is held, and what claim such society or association has therein; and that it is the desire of such society or association to sell such real estate, and praying for judgment authorizing it to sell the same. In such action Parties in interest to the trustee or trustees holding title in trust for such society or be made association, or their successors, or the survivor or survivors of defendthem, or such other persons deriving title from the trustees, as the case shall require, shall be made parties defendant; and upon the service of the summons upon such defendants personally, or by publication, or upon their appearance, the court shall have full jurisdiction in the premises. Such society or association may include as defendants in such action in addition to such persons or parties as appear of record to have, and other persons or parties who are known to have, some claim in or lien on the lands described in the complaint; also all other persons or parties unknown, claiming any right, interest, or lien in such land, and the plaintiff may describe such defendants in the complaint as follows: "Also all other persons or parties, unknown, claiming any right, title, estate, lien, or interest in the real estate described in the complaint herein." Service of the summons may be had upon all such unknown persons or parties defendant by publication, as provided by law in case of non-resident defendants. All such unknown Unknown persons or parties so served shall have the same rights as are provided by law in case of all the other defendants upon whom service is made by publication or personally, and the action shall proceed against such unknown persons or parties in the same manner as against the defendants who are named, upon whom service is made by publication, and with like effect; and any such unknown persons or parties who have or claim any right, estate, lien, or interest in the said property in controversy at the time of the commencement of the action, duly served as aforesaid, shall be bound and concluded by the judgment in such action as effectually as if the action was brought against such defendant by his or her name, and personal service of the summons obtained, notwithstanding any such unknown person may be under legal disability. The court Authority shall have full power and authority to order the property sold. of court. In case of a sale, the court shall appoint a commissioner to make the sale, and shall direct the manner in which the sale shall be conducted; provided, that when any property is held in trust by any such agricultural society or association, such property held in trust shall be sold separately from any that may be held in fee. The commissioner shall make a report of sale to the court, which, after such notice as it may deem proper, shall proceed to hear the same, and if it finds that the sale was fairly conducted, and the price bid was proportionate to the value of the land sold, it shall make and enter a decree confirming the sale, and directing the commis persons or parties. |