Transfers of moneys to school fund. wherever mentioned in this chapter, shall be construed to mean those between the ages of five and seventeen years. Fifth-Whenever in any school year, prior to the receipt by the counties, cities, or cities and counties of this state, of their state, county, or city school fund, the school districts or cities shall not have sufficient money to their credit to pay the lawful demands against them, the county, city, or city and county superintendent shall give the treasurer of said county, city, or city and county an estimate of the amount of school money that will next be paid into the county, city, or city and county treasury, stating the amount to be apportioned to each district. Upon the receipt of such estimate, it shall be the duty of the treasurer of said county, city, or city and county to transfer from any fund not immediately needed to pay claims against it, to the proper school fund, an amount not to exceed ninety per cent of the amount estimated by the superintendent, and he shall immediately notify the superintendent of the amount so transferred. The funds so transferred to the school fund shall be re-transferred by the treasurer to the fund from which they were taken, from the first money paid into the school fund after the transfer. SEC. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. Appropriation of pay claim CHAPTER CXIV. An act making an appropriation to pay the claim of A. W. North against the State of California. [Approved March 11, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. The sum of four hundred dollars is hereby moneys to appropriated out of any money not otherwise appropriated to pay the claim of A. W. North against the State of California. The controller of state is hereby authorized to draw his warrant in favor of said A. W. North for said amount, and the treasurer of state is hereby directed to pay the same. of A. W. North. SEC. 2. This act shall take effect and be in force from and after its passage. CHAPTER CXV. An act to provide for the purchase of a portrait of ex-Governor Henry T. Gage by the state board of examiners and to appropriate money therefor. [Approved March 12, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: ex-Gover SECTION 1. The state board of examiners are hereby author- Portrait of ized to contract with a competent artist for the purchase of a nor Gage. portrait of ex-Governor Henry T. Gage, the same to be appropriately framed at a price not to exceed five hundred dollars; and upon delivery of such portrait, so framed, to the said board of examiners the controller shall draw his warrant as said board of examiners may direct for the amount of the contract price; and the treasurer is hereby directed to pay the same. SEC. 2. The sum of five hundred dollars, or so much thereof, as may be necessary to pay the controller's warrant, drawn under the provisions of section one of this act, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the purpose named in section one of this act. SEC. 3. This act shall take effect from and after its passage. CHAPTER CXVI. An act directing the state prison directors of the State of California to employ at least twenty prisoners in the construction of roads to the state prisons at San Quentin and at Folsom. [Approved March 12, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: prisoners, public SECTION 1. The state prison directors of the State of Califor- State nia are hereby authorized and directed to employ at least employtwenty prisoners daily during fair weather, in the construc- ment of, on tion and repair of such public roads as have been or shall roads. hereafter be laid out or opened by the board of supervisors of Marin county, and which extend from San Quentin state prison, or the grounds surrounding the same, to Point Tiburon, San Rafael, and all railroad stations in Marin county which lie in the neighborhood of the said state prison; providing, that no work shall be done by such prisoners beyond a point six miles distant from said prison buildings; and also to employ at least twenty prisoners under like conditions on roads extending from the state prison at Folsom in Sacramento county or connecting therewith; providing, that no work shall be done by such prisoners beyond a point six miles distant from said prison building. SEC. 2. This act shall take effect and be in force from and after its passage. Appropria claim Potter. CHAPTER CXVII. An act to appropriate the sum of one thousand three hundred and fifteen dollars, to pay the claim of Robert R. Potter for money due and owing the said Robert R. Potter, based upon a judgment recovered by the said Robert R. Potter against the State of California, in the superior court of Tuolumne county, California, on the 8th day of November, 1902, under the provisions of an act of the legislature of the State of California, entitled "An act authorizing suits against the state on claims or demands arising under an act of the legislature entitled 'An act fixing a bounty on coyote scalps,' approved March 31, 1891, and regulating the procedure therein," approved March 23, 1901. [Approved March 12, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. There is hereby appropriated, out of any money tion to pay in the state treasury not otherwise appropriated, the sum of Robert R. one thousand three hundred and fifteen dollars, to pay the claim of Robert R. Potter, the said sum being now due and owing to the said Robert R. Potter from the State of California, upon a judgment recovered by the said Robert R. Potter against the State of California, on the eighth day of November, nineteen hundred and two, in the superior court of Tuolumne county, California, under the provisions of an act of the legislature of the State of California, entitled "An act authorizing suits against the state on claims or demands arising under an act of the legislature entitled 'An act fixing a bounty on coyote scalps,' approved March thirty-first, eighteen hundred and ninety-one, and regulating the procedure therein," approved March twenty-third, nineteen hundred and one; provided, however, that no warrant shall be drawn or paid under the provisions of this act before the first day of January, one thousand nine hundred and five, nor unless at the time such warrant is drawn the said judgment shall be standing not reversed or vacated, and there be no appeal pending therefrom. SEC. 2. Under the conditions and after the date and upon the contingencies stated in section one hereof, and upon the delivery to the controller of a satisfaction of judgment properly executed by the judgment creditor herein, or such creditor's successor in interest, the state controller is hereby authorized and directed to draw his warrant in favor of the said Robert R. Potter for the said sum of one thousand three hundred and fifteen dollars, and the state treasurer is hereby directed to pay the same. SEC. 3. This act is hereby excepted from the provision of section six hundred and seventy-two of the Political Code in relation to the board of examiners. SEC. 4. This act shall take effect immediately. CHAPTER CXVIII. An act to amend section fifty-six (56) of an act, entitled "An act to establish a uniform system of county and township governments," approved April 1st, 1897, and as amended March 23, 1901, relating to the officers of a township. [Approved March 12, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section fifty-six (56) of an act entitled, "An act to establish a uniform system of county and township governments," approved April 1st, 1897, is hereby amended so as to read as follows: officers. Section 56. The officers of a township are two justices of Township the peace, two constables, and such subordinate officers as are provided by law. In townships containing cities in which city justices or recorders are elected, there shall be but one justice of the peace; except as hereinafter otherwise provided, and in townships having a population less than five thousand, there shall be but one justice of the peace and one constable, and except in townships containing a population of more than one hundred thousand and less than three hundred thousand, there shall be two justices of the peace. The board of supervisors of each county, as public convenience may require, shall divide their respective counties into townships for the purpose of electing justices of the peace and constables and shall appoint competent persons to fill the offices of justice of the peace and constable created by this act. But the provisions of this section shall not affect any present incumbent of the office of justice of the peace or constable. SEC. 2. This act shall take effect immediately. Collection of personal property taxes by suit. Evidence. Pending actions. Conflicting acts repealed. CHAPTER CXIX. An act authorizing and providing for suits for the collection of [Approved March 13, 1903.] The people of the State of California, represented in senate and SECTION 1. Each county and city and county may sue in its own name for the recovery of any and all moneys due or hereafter to become due as delinquent taxes upon any and all personal property, where no real property is assessed as security for the payment of such personal property taxes, or where, in the judgment of the board of supervisors, there is not sufficient real property assessed to secure the payment of such personal property taxes, whether the same be for county or city and county, and state purposes, or either of them, and for all penalties due upon said taxes for non-payment thereof. SEC. 2. On the trial of any such suit the assessment roll of said county or city and county, or a copy of any entry therein duly certified, showing unpaid taxes against the defendant, or, in cases where the defendant is sued in a representative capacity, against any person or estate he represents, shall be prima facie evidence of the plaintiff's right to recover. SEC. 3. All actions now pending for the collection of such taxes may be carried on and prosecuted under the provisions and in accordance with this act. SEC. 4. All acts and parts of acts in conflict with this act are hereby repealed, but the method of collecting such taxes herein provided shall not be deemed to be the exclusive method, nor shall the provisions of this act in any manner abrogate or modify the provisions of sections 3831 or 3899 of the Political Code of the State of California. SEC. 5. This act shall take effect and be in force immediately from and after its passage. 1 |