ACT 1029. An act providing for the disposition of actions and proceedings in which bills of exceptions and statements on motion for a new trial have been lost or destroyed by conflagration or other public calamity. [Approved March 23, 1907. Stats. 1907, p. 998.] 1. New trial may be had if bill of exceptions lost. § 2. Extension of time pending hearing of motion. $3. Time of taking effect. § 1. New trial may be had if bill of exceptions lost. When any proposed bill of exceptions, or statement of the case on motion for a new trial, in actions or proceedings, is lost or destroyed by reason of conflagration or other public calamity, and no other record of the proceedings upon the trial thereof can be obtained, and such action or proceeding is subject to review by motion for new trial, pending at the time of such loss or destruction, and it is by the court in which such action or proceeding is pending deemed impossible or impracticable to restore such proceedings (and to settle a bill of exceptions or statement of the case containing such proceedings) so as to enable the court to review the judgment or order therein by motion for new trial, the court may grant a new trial of such action or proceeding if at the time of such loss or destruction a motion for new trial be pending therein, and such action or proceeding shall thereupon be tried anew. In order to grant such new trial, it shall be unnecessary to have any bill of exceptions or statement of the case settled, but upon the facts above recited being shown to the satisfaction of the court by affidavit or otherwise, the court shall have power in its discretion to grant such new trial. § 2. Extension of time pending hearing of motion. Pending the hearing of a motion under the preceding section to grant such new trial, the time within which a bill of exceptions might be prepared, served or presented for settlement, shall be extended, and shall not commence to run until the decision upon such motion. (The motion provided for by this act must be made within thirty days after the loss or destruction of such records; provided that in any case now perding such motion may be made at any time within sixty days after the passage of this act.) § 3. Time of taking effect. This act shall take effect immediately. This act is constitutional: Bassford v. Earl, 172 Cal. 653, 660, 158 Pae. 124. ACT 1030. An act to provide for the reproduction of the register of the Board of Medical Examiners, the Board of Dental Examiners, or the Board of Pharmacy, where the same has been destroyed by conflagration or other public calamity. [Approved June 16, 1906. Stats. 1906 (Ex. Sess.), p. 82.] 1. Destruction of registration books of state medical society. 2. Reproduction of lost records. 3. Time of taking effect. §1. Destruction of registration books of state medical society. Whenever the register or book of registration of the Board of Med ical Examiners of the state of California, the Board of Dental Examiners of California, or the Board of Pharmacy, has been or may hereafter be destroyed by fire or other public calamity, the board whose duty it is to keep such register or book is hereby authorized to reproduce such register or book so that the same may show as nearly as possible the record existing in the original register or book at the time of such destruction. § 2. Reproduction of lost records. For the reproduction of the destroyed register or book the board shall make use of such existing official printed registers, books, or matter, certificates, affidavits to be presented, or other official information as may be available and which may appear to said board to be authentic, and upon the completion of the said reproduction said board shall by resolution adopt such reproduced register or book as the register or book of said board, and thereafter the same shall be taken and used to all intents and purposes as well for evidence as otherwise as if the same were the original register or book. § 3. Time of taking effect. This act shall take effect immediately. ACT 1031. An act enabling the restoration of an assessment-roll when the same has been destroyed. [Approved June 16, 1906. Stats. 1906 (Ex. Sess.), p. 83.] § 1. Assessment-roll, restoration of lost. § 2. Time of taking effect. § 1. Assessment-roll, restoration of lost. Wherever, through loss by fire, or other public calamity, the assessment-roll of a city, city and county, county or other political subdivision of the state in course of preparation by the assessor of any city, city and county, county or other political subdivision of the state, shall have been or shall be destroyed and such burnt or destroyed record shall have been reconstructed from such data as is available, it shall be lawful for the assessor at any time prior to the sale for delinquent taxes after such assessment is compiled, to correct any assessment erroneously made, provided, however, that any correction so made shall at once be certified to in writing by the assessor, to the tax collector, the auditor and the state controller, and provided, further, that the assessor shall enter opposite said assessment on the assessment-roll, the date and nature of said correction. Such change shall be recognized by any city, city and county, county or state official whose duty it is to make or exact a financial statement based on said assessment-roll, and in making such settlement any alterations resulting from such changes shall be recognized by such officials. § 2. Time of taking effect. This act shall take effect immediately. ACT 1032. An act to provide for the issuance of duplicates of bonds, warrants and other municipal securities which have become defaced or mutilated. [Approved February 23, 1907. Stats. 1907, p. 53.] §1. Mutilated municipal bonds, duplicates may be issued. §2. Procedure to procure duplicates. §3. Duty of municipal legislature. § 4. Time of taking effect. or §1. Mutilated municipal bonds, duplicates may be issued. Whenever it shall be made to appear to the legislative body of any county, eity and county, city, town, irrigation district, school district other municipal corporation, by clear and equivocal proof, that any bond, warrant, or other evidence of indebtedness of said county, eity and county, city, town, irrigation district, school district, or other municipal corporation has, without bad faith upon the part of the owner, been so mutilated or defaced as to impair its value to the owner, and such instrument is capable of being identified by number and description, such legislative body shall, under such regulations and with such restrictions as to time and retention for security or otherwise, as it may prescribe, and upon the conditions hereinafter provided, issue or cause to be issued a duplicate thereof, having the same time to run, bearing like interest, and having the same number as the evidence of indebtedness so proved to have been mutilated or defaced. §2. Procedure to procure duplicates. The owner of such bonds or other evidences of indebtedness desiring to have issued duplicates for the same shall make a written application therefor to the legis lative body of such municipal corporation, setting forth the facts provided by section 1, and shall accompany such request with a deposit of such sum of money as shall be deemed sufficient by such legislative body to cover the cost of printing or lithographing, or otherwise preparing such duplicate, and all other expenses connected with the issuance thereof, and if required by such legislative body, shall also file therewith a bond in such sum as may be required, with good and sufficient sureties, to be approved by such legislative body, with condition to indemnify and save harmless such municipal corporation from any claim upon such mutilated or defaced security. §3. Duty of municipal legislature. The legislative body of such municipal corporation shall thereupon pass a resolution, setting forth the fact of said application and the compliance with the conditions herein prescribed, and with such further conditions as shall have been required by said legislative body in accordance herewith, and directing the officer or officers who had charge, in the first instance, of causing to be printed, lithographed, or otherwise prepared the original bond, warrant, or other evidence of indebtedness, to cause to be issued a duplicate thereof, as herein provided. Such duplicate bond, warrant, or other evidence of indebtedness shall be signed by the same officers, and issued in all respects as nearly as possible as the original instrument, and when so prepared and issued shall be delivered in exchange for the original bond, warrant, or other evidence of indebtedness, provided, that no exchange shall be made unless such defaced or mutilated bond, together with any coupons thereon for which duplicates shall be issued in accordance with this act, shall be capable of identification, and shall first be surrendered by the owner thereof. When surrendered, the legislative body of such municipal corporation shall cause proper record to be made of the cancellation of such original security, and thereafter the duplicate issued in accordance with the provisions of this act, shall have all the force, effect and validity of the original evidence of indebtedness. § 4. Time of taking effect. This act shall take effect immediately. ACT 1033. An act providing for the issuance of duplicate certificates, where certificates issued under authority of law have been lost or destroyed by conflagration or other public calamity. [Approved June 16, 1906. Stats. 1906 (Ex. Sess.), p. 71.] § 1. Certificates issued by public officer, duplicate of those lost. § 2. Time of taking effect. § 1. Certificates issued by public officer, duplicates of those lost. Whenever any public board or officer is authorized by law to issue any certificate of any kind, and the records in the office of such board or officer show the issuance of such certificate, and it is made to appear by affidavit that such certificate has been lost or destroyed by conflagration or other public calamity, such board or officer may issue a duplicate of such certificate, which shall recite the issuance and loss or destruction of such original certificate, and shall have the same force and effect as such original certificate; provided, that this act shall not apply to certificates of acknowledgments. § 2. Time of taking effect. This act shall take effect immediately. ACT 1034. An act to provide for the copying of books, documents, maps or records required by law to be kept or preserved by city, county, or city and county officers, which have been damaged by conflagration or other public calamity. § 1. [Approved June 16, 1906. Stats. 1906 (Ex. Sess.), p. 72.] Damaged records, books, maps, etc., copied, transcribed and bound by order of supervisors. § 2. Compared with original and affidavits attached. Authenticated by officer having custody thereof. § 3. Prima facie evidence. Expenses thereof. § 4. § 1. Damaged records, books, maps, etc., copied, transcribed and bound by order of supervisors. Whenever any book, document, map or record required by law to be kept or preserved by any city, county, or city and county officer has been or may hereafter be damaged by conflagration or other public calamity, it shall be lawful for the board of supervisors, or board of trustees, of the city, county, or city and county in which the same is required to be kept or preserved, to cause such book, document, map or record to be copied and transcribed into a new and well-bound book. §2. Compared with original and affidavits attached. Authenticated by officer having custody thereof. Said book, document, map, or reeord, when so copied or transcribed, shall be carefully compared with the original thereof, and when the same shall have been so copied and compared with the original thereof, the persons who have done such comparing shall each make an affidavit which shall be incorporated into the book, document, map or record as copied, that said book, document, map or record and each and every part thereof 18 a true copy of the original book, document, map or record, and each and every part thereof; that the matter of record which appears upon every page of the original appears also upon the same page of the copy; and that no matter of record appears upon any page of the copy which is not to be found upon the same page of the original. Said book, document, map or record shall also be authentieated under the hand of the officer having the custody thereof, to the effect that the same is a true copy of the original book, document, map or record so damaged. §3. Prima facie evidence. Any such new book, document, map or record copied and authenticated as above provided, shall be prima facie evidence of the contents of the original book, document, map or record; and it shall bear the same name and designation as the original thereof, and certified copies of any instrument so copied into it shall have the same force and effect as certified copies of the original made from the original book. §4. Expenses thereof. The board of supervisors or board of trus tees of such city, county, or city and county, may make such provision for the payment for copying and transcribing the books, documents, maps and records under this act, out of the city, county, or eity and county treasury, as to them may seem reasonable, not exceeding the amount now authorized to be received for copying and recording the originals thereof, and the same shall be a charge against the eity, county, or city and county. § 5. Time of taking effect. This act shall take effect immediately. ACT 1044. TITLE 81. BUTTE COUNTY. Charter of Butte county. [Stats. 1917, p. 1791.] ACT 1045. 391. Protection of agriculture in. [Stats. 1873-74, p. 310.] This act provided against the trespassing of animals. ACT 1046. 1864. Concerning salary of county assessor of. [Stats. 1871-72, p. 270.] |