CHAPTER IX. An Act to increase the number of Judges of the Superior Court of the County of Santa Clara, and to provide for the appointment of an additional judge. [Approved February 16, 1897.] The People of the State of California, represented in Senate and Judge in SECTION 1. The number of Judges of the Superior Court of Additional the County of Santa Clara is hereby increased from two to three. SEC. 2. Within ten days after the passage of this Act the Governor shall appoint one additional Judge of the Superior Court of the County of Santa Clara, State of California, who shall hold office until the first Monday after the first day of January, Anno Domini eighteen hundred and ninety-nine. At the next general election a Judge of the Superior Court of the said county shall be elected in said county, who shall be the successor of the judge appointed hereunder, to hold office for the term prescribed by the Constitution and by law. Santa Clara County. SEC. 3. The salary of said additional judge shall be the Salary. same in amount, and shall be paid at the same time and in the same manner as the salary of the other Judges of the Superior Court of the said county, now authorized by law. SEC. 4. This Act shall take effect and be in force from and after its passage. CHAPTER X. An Act to amend section one thousand four hundred and sixtynine of an Act of the Legislature of the State of California entitled "An Act to establish a Code of Civil Procedure," relating to the support of families of deceased persons, and the distribution of the estates of deceased persons, where the value of the whole estate does not exceed the sum of one thousand five hundred dollars. [Approved February 16, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section one thousand four hundred sixty-nine of the Code of Civil Procedure of California is hereby amended to read as follows: families of 1469. If, upon the return of the inventory of the estate Support of of a deceased person, it shall appear therefrom that the value deceased of the whole estate does not exceed the sum of fifteen hundred persons. dollars, and if there be a widow or minor children of the deceased, the court, or a judge thereof, shall, by order, require When value of $1,500. all persons interested to appear on a day fixed, to show cause why the whole of said estate should not be assigned for the use and support of the family of the deceased. Notice thereof shall be given and proceedings had in the same manner as provided in sections one thousand six hundred and thirtythree, one thousand six hundred and thirty-five, and one thousand six hundred and thirty-eight of this Code. If, upon the hearing, the court finds that the value of the estate does not estate does exceed the sum of fifteen hundred dollars, it shall, by a decree not exceed for that purpose, assign to the widow of the deceased, if there be a widow, if no widow, then to the minor children of the deceased, if there be minor children, the whole of the estate, subject to whatever mortgages, liens, or incumbrances there may be upon said estate at the time of the death of the deceased, after the payment of the expenses of the last illness of the deceased, funeral charges, and expenses of administration, and the title thereof shall rest absolutely in such widow or minor children, subject to whatever mortgages, liens, or incumbrances there may be upon said estate at the time of the death of the deceased, and there must be no further proceedings in the administration, unless further estate be discovered. SEC. 2. This Act shall take effect immediately. Justice of may call another Justice to act. CHAPTER XI. An Act to amend section one hundred and five of the Code of Civil [Approved February 16, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and five of the Code of Civil Procedure is hereby amended so as to read as follows: 105. A Justice of the Peace of any township, or city, or the Peace city and county may hold the court of any other Justice of the Peace of any township, city and county, or city within the same county, at his written request, and while so acting shall be vested with all the powers of the justice for whom he so holds court. In which case the proper entry of the proceedings before the attending justice subscribed by him shall be made in the docket of the justice for whom he so holds the court; and the same shall be prima facie evidence of such proceedings, and form and become a part of the record of any, or any part of any and all actions, causes, or proceedings had before such attending justice while so holding the court CHAPTER XII. An Act to amend section three hundred and eighty-nine of the [Approved February 16, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section three hundred and eighty-nine of the Code of Civil Procedure of California is hereby amended to read as follows: may bring when. 389. The court may determine any controversy between Court parties before it, when it can be done without prejudice to in other the rights of others, or by saving their rights; but when a parties, complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in, and to that end may order amended and supplemental pleadings, or a cross-complaint to be filed, and summons thereon to be issued and served. And when, in an action for the recovery of real or personal property, a person, not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in, by the proper amendment. CHAPTER XIII. An Act conferring power upon the governing body of municipal corporations of the first class to provide for the erection of a municipal hospital, and to levy a tax therefor. [Approved February 16, 1897.] The People of the State of California, represented in Senate and SECTION 1. corpora first class vide for Power is hereby conferred upon the Common Governing Council or other governing body of municipal corporations of body in the first class to provide for the erection and construction in tions of the such municipal corporations, and at the expense of the same, may proof a building to be used for the purposes of a municipal hospital. erection of SEC. 2. In the event that the Common Council or other hospital. governing body of any such municipal corporation shall deem it expedient, and in their judgment shall determine that the public good requires the construction of a building such as is provided for in section one of this Act, they are hereby authorized and empowered to express such judgment by resolution or order in such manner as they may deem proper, and for the purpose of raising the money necessary to construct and furnish such building, the said Common Council or other governing body raised by property tax. Cost to be of any such municipal corporation is hereby authorized and empowered to levy and collect, in the same manner and at the same time as other taxes are levied and collected in such for municipal purposes, an ad valorem property tax on real and personal property, which shall not in the aggregate exceed the sum of three hundred thousand dollars, which sum shall cover all the expense of constructing and furnishing said building; provided, that such tax must be levied in the fortyninth fiscal year, and not otherwise. Site. "Munici pal Hospital Fund." Claims, how audited. Bids for work must be for. contain. SEC. 3. Such building may be constructed upon such site as the Common Council or other governing body of such municipal corporation may determine. SEC. 4. The money raised from the tax hereby authorized to be levied and collected shall be kept by the treasurer of such municipal corporation in a fund to be known as the "municipal hospital fund," and out of said fund all claims for work, labor, and materials used in the construction and furnishing of such building, and all other expenses authorized to be incurred under the provisions of this Act, shall be paid. All claims against the said fund shall be allowed by the Common Council or other governing body of such municipal corporation by resolution entered upon the minutes in the same manner and form as other expenses are authorized, before the Auditor shall be authorized to audit the same; and in no case shall any portion of said fund be used and expended for any other purpose than such as is herein indicated, nor shall any part of the cost of construction and furnishing of such building be paid out of any other or different fund, nor shall any lien for work, labor, or material at any time attach to such building, or to the land. on which the same is located, in any manner whatever. SEC. 5. When work is to be done upon such building, or materials be furnished, it shall be the duty of the Common advertised Council or other governing body of such municipal corporation to advertise for at least ten days in a daily newspaper published and circulated in such municipal corporation for sealed proposals for doing both said work and furnishing said materials. Said work shall be of the best quality. The advertisement Advertise shall contain a general description of the work to be done and ment to of the materials to be furnished, the time within which the same is to be done or furnished, and may refer to plans and specifications for such other details as may be necessary to give a correct understanding regarding such work or materials. The advertisement shall also state the day, and an hour of said day, within which bids will be received. At the hour and day stated in the advertisement the said Common Council or other governing body shall proceed to open the bids in the presence of the bidders, and an abstract of which shall be recorded in the minutes of the clerk. A day and hour shall then be fixed for considering the bids and awarding the conAbstract of tract. An abstract of said bids, showing the name of each published. bidder, the price at which work, labor, and materials are offered to be done or furnished by each, and such other things as may be necessary to show or explain the offer, shall be made by the bids to be ment shall bids. contract. clerk of said Common Council or other governing body and published for five days in a daily newspaper of general circulation in such municipal corporation. At the expiration of five days after the first publication of the abstract, on the day and at the hour fixed by such Common Council or other governing body, the said Common Council or other governing body shall proceed to consider the several bids and award the contract for the work and supplying materials for which proposals were invited, and for none other, to the lowest bidder who shall furnish sufficient sureties to guarantee the performance of the contract; provided, that the advertisement Advertiseherein before provided for shall invite proposals and bids for provide the performance of all the work, and the furnishing of all the for. materials that may be required for the erection and completion of the entire building, and the contract herein provided for shall cover the erection and completion of the entire building, and the whole thereof shall be erected and completed and made ready for occupancy under and by a single contract. Said Council Common Council or other governing body shall have the may reject right to reject any or all bids when in the judgment the public interests may be thereby promoted. Such contract shall be Mayor to executed on behalf of such municipal corporation by the execute Mayor or President of the Common Council or other governing body of such municipal corporation. No change in the plans No change or specifications shall be made after proposals for doing the in plans and speciwork and furnishing materials have been called for, nor shall fications. any contractor be allowed a claim for work done or materials furnished not embraced in his contract. All contracts shall be Contracts, in writing, and shall be carefully drawn by the City Attorney drawn. or other law officer of such municipal corporation, and shall contain detailed specifications of the work to be done, the manner in which the same shall be executed, the quality of the materials, and the time within which the same shall be completed, and such penalty for the non-performance of such work as such Common Council or other governing body may deem just and reasonable. All contracts shall be signed in triplicate, one copy of which, with the plans and specifications of the work to be done, shall be filed with the clerk or secretary of said Common Council or other governing body, and shall at all times, in the office hours, be open to the inspection of the public; one, with the plans and specifications, shall be kept in the office of said Common Council or other governing body, and the other copy, with the plans and specifications, shall be delivered to the contractor. how SEC. 6. The Common Council, or other governing body of Payments. such municipal corporation, may make payments on such contract from time to time as the work progresses, or the materials are furnished; but until the contract is completed, at no time shall the payments exceed seventy-five per cent of the value of the labor or materials furnished. specifica SEC. 7. The plans and specifications herein referred to shall Plans and be secured by said Common Council or other governing body tions. after the publication for ten days in a newspaper of general cir |