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CHAPTER XCIX.

An act to appropriate the sum of two hundred and fifty (250) dollars to pay the claim of Thomas D. Riordan against the State of California, for professional services and advice in the case of D. B. Murphy vs. Charles F. Curry, secretary of state, involving the question as to whether name of person nominated by different political organizations should appear on the ballot more than once, the said claim having been approved by the state board of examiners.

[Approved March 9, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

tion to pay

Riordan.

SECTION 1. The sum of two hundred and fifty (250) dollars Appropriais hereby appropriated out of any money in the state treasury claim of not otherwise appropriated, to pay the claim of Thomas D. Thomas D. Riordan against the State of California, for professional services and advice in the case of D. B. Murphy vs. Charles F. Curry, secretary of state, involving the question as to whether name of person nominated by different political organizations should appear on the ballot more than once, the said claim having been approved by the state board of examiners.

SEC. 2. The controller is hereby authorized to draw his warrant in favor of Thomas D. Riordan for the sum of two hundred and fifty (250) dollars, and the state treasurer is hereby directed to pay the same.

SEC. 3. This act shall take effect immediately.

CHAPTER C.

An act to amend section 3440 of the Civil Code of the State of California, relating to transfers of property presumed fraudulent.

[Approved March 10, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1.

Section 3440 of the Civil Code, State of California, is hereby amended to read as follows:

3440. Every transfer of personal property, other than Transfers a thing in action, or a ship or cargo at sea or in a foreign port, fraudu presumed and every lien thereon, other than a mortgage, when allowed by lent. law, and a contract of bottomry or respondentia, is conclusively presumed, if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery, and followed by an actual and continued change

Exceptions.

cordation

required.

of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession, and the successors in interest of such creditors, and against any persons on whom his estate devolves in trust for the benefit of others than himself, and against purchasers or incumbrancers in good faith subsequent to the transfer; provided, however, that the provisions of this section shall not apply to the transfers of wines in the wineries or wine cellars of the makers or owners thereof, or other persons having possession, care, and control of the same, and the pipes, casks, and tanks in which the said wines are contained, which transfers shall be made in writing, and certified and verified in the same form as provided for chattel mortgages and which shall be recorded in the book of miscellaneous records in the office of the county recorder of the county in which the same are situated; provided, also, that the sale, transfer, or assignment of a stock Public re in trade (or of such a quantity of a stock in trade as to be substantially a whole) in bulk, or in any manner otherwise than in the ordinary course of trade and in the regular and usual practice and method of business of the vendor, transferrer, or assignor, will be conclusively presumed to be fraudulent and void as against the existing creditors of the vendor, transferrer, or assignor, unless at least five days before the consummation of such sale, transfer, or assignment the vendor, transferrer, or assignor, or the intended vendee, transferee, or assignee shall record in the office of the county recorder in the county or counties in which the said stock in trade is situated, a notice of said intended sale, transfer, or assignment, stating the name and address of the intended vendor, transferrer, or assignor, and the name and address of the intended vendee, transferee, or assignee, and a general statement of the character of the property or merchandise intended to be sold, assigned, or transferred, and the date when, and the place where, the purchase price, if any there be, is to be paid; provided, nevertheless, that if such intended sale is to be at public auction the notice above required to be recorded shall state that fact, the time, terms, and place of said sale, the names and addresses of the vendor and auctioneer, and a general statement of the character of the property or merchandise intended to be sold; but such sale shall in no event occur within five days of the date of recordation of said notice; provided further, that the provisions of this section shall not apply or extend to any sale, transfer or assignment made under the direction or order of a court of competent jurisdiction, or by any executor, administrator, guardian, receiver, or other officer or person acting in the regular and proper discharge of official duty, or in the discharge of any trust imposed upon him by law, nor to any transfer or assignment made for the benefit of creditors generally, nor to any sale, transfer or assignment of any property exempt from execution.

Sales at public auction.

Transfers under order of court.

SEC. 2. This act shall take effect immediately.

CHAPTER CI.

An act to amend section eight of an act entitled "An act to provide for the establishment, maintenance and support of a bureau, to be known as the state mining bureau, and for the appointment and duties of a board of trustees, to be known as the board of trustees of the state mining bureau, who shall have the direction, management and control of said state mining bureau and to provide for the appointment, duties and compensation of a state mineralogist, who shall perform the duties of his office, under the control, direction, and supervision of the board of trustees of the state mining bureau" approved March 23, 1893, relating to the powers of the board of trustees of the state mining bureau.

[Approved March 10, 1903.]

The people of the State of California, represented in senate and

assembly, do enact as follows:

Section 8 of

Act.

SECTION 1. Section eight of an act entitled "An act to pro- Amending vide for the establishment, maintenance, and support of a Mining bureau, to be known as the state mining bureau, and for the Bureau appointment and duties of a board of trustees, to be known as the board of trustees of the state mining bureau, who shall have the direction, management and control of said state mining bureau, and to provide for the appointment, duties and compensation of a state mineralogist, who shall perform the duties of his office under the control, direction and supervision of the board of trustees of the state mining bureau" approved March 23, 1893, relating to the powers of the board of trustees of the state mining bureau, is hereby amended to read as follows:

report of

tions to be

Section 8. The board of trustees of the state mining bureau Biennial shall biennially report to the governor of the state the con- trustees. dition of the bureau, with a statement of the receipts and disbursements in detail, and with said reports shall be incorporated the biennial report of the state mineralogist and the report of said board of trustees and state mineralogist shall be printed as are the reports of the other state officers. The board is hereby empowered to fix a price upon, and to Publicadispose of to the public, at such price, any and all publications sold. of the bureau, including reports, bulletins, maps, registers, etc. The sum derived from such disposition must be accounted for Revolving and used as a revolving printing and publishing fund for other reports, bulletins, maps, registers, etc. The prices fixed must approximate the actual cost of printing and issuing the respective reports, bulletins, maps, registers, etc., without reference to the cost of obtaining and preparing the information embraced therein.

SEC. 2. This act takes effect and is in force from and after its passage.

fund.

Adoption of chil

dren; con

sary.

Orphans

and abandoned children.

CHAPTER CII.

An act to amend section two hundred and twenty-four of the Civil
Code, relating to the adoption of children.

[Approved March 10, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section two hundred and twenty-four of the Civil Code is hereby amended to read as follows:

224. A legitimate child cannot be adopted without the consent of its parents, if living; nor an illegitimate child sent neces- without the consent of its mother, if living; except that consent is not necessary from a father or mother deprived of civil rights, or adjudged guilty of adultery or cruelty, and for either cause divorced, or adjudged to be habitually intemperate in the use of intoxicants, or who has been judicially deprived of the custody of the child on account of cruelty or neglect ; neither is the consent of any one necessary in the case of any abandoned child; provided, however, that any such child, being a half orphan, and kept and maintained in any orphan asylum in this state for more than two years, may be adopted with the consent of the managers of such orphans' home without the consent of the parent unless such parent has paid toward the expenses of maintenance of such half orphan at least a reasonable sum during the said time, if able to do so. Any child deserted by both parents, or left in the care and custody of another by its parent or parents, without any agreement or provision for its support, for the period of one year, is deemed to be an abandoned child within the meaning of this section, and where the parent is a non-resident of this state such child may without the consent of either parent be adopted with the consent of the managers of such home whenever it has been left in such home for more than one year.

SEC. 2. This act shall take effect immediately.

Property exempt from

CHAPTER CIII.

An act to amend section six hundred and ninety of the Code of
Civil Procedure, relating to property exempt from execution.

[Approved March 10, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section six hundred and ninety of the Code of Civil Precedure is hereby amended so as to read as follows:

690. The following property is exempt from execution, execution. except as herein otherwise specially provided:

1. Chairs, tables, desks, and books, to the value of two Property hundred dollars, belonging to the judgment debtor;

exempt

from

2. Necessary household, table, and kitchen furniture belong- execution. ing to the judgment debtor, including one sewing machine, stove, stovepipes and furniture, wearing apparel, beds, bedding, and bedsteads, hanging pictures, oil paintings and drawings drawn or painted by any member of the family, and family portraits and their necessary frames, provisions and fuel actually provided for individual or family use, sufficient for three months, and three cows and their suckling calves, four hogs with their suckling pigs, and food for such cows and hogs for one month; also, one piano, one shotgun, and one rifle;

3. The farming utensils or implements of husbandry of the judgment debtor, not exceeding in value the sum of one thousand dollars; also, two oxen, or two horses, or two mules, and their harness, one cart or buggy and two wagons, and food for such oxen, horses, or mules, for one month; also, all seed, grain, or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of two hundred dollars; and seventy-five beehives; one horse and vehicle belonging to any person who is maimed or crippled, and the same is necessary in his business;

4. The tools or implements of a mechanic or artisan, necessary to carry on his trade; the notarial seal, records, and office furniture of a notary public; the instruments and chest of a surgeon, physician, surveyor, or dentist, necessary to the exercise of their profession, with their professional libraries and necessary office furniture; the professional libraries of attorneys, judges, ministers of the gospel, editors, school teachers, and music teachers, and their necessary office furniture; including one safe and one typewriter; also, the musical instruments of music teachers actually used by them in giving instructions, and all the indexes, abstracts, books, papers, maps and office furniture of a searcher of records necessary to be used in his profession; also, the typewriters, or other mechanical contrivances employed for writing in type, actually used by the owner thereof for making his living; also, one bicycle, when the same is used by its owner for the purpose of carrying on his regular business, or when the same is used for the purpose of transporting the owner to and from his place of business;

5. The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also, his sluices, pipes, hose, windlass, derrick, cars, pumps, tools, implements, and appliances necessary for carrying on any mining operations, not exceeding in value the aggregate sum of five hundred dollars; and two horses, mules, or oxen with their harness, and food for such horses, mules, or oxen for one month, when necessary to be used on any whim, windlass, derrick, car, pump or hoisting gear; and also his mining claim, actually worked by him, not exceeding in value the sum of one thousand dollars;

6. Two horses, two oxen, or two mules, and their harness, and one cart or wagon, one dray or truck, one coupé, one hack,

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