CHAPTER XXIX. An act to amend section thirty-four hundred and fifty-six and thirty-four hundred and fifty-nine of the Political Code of this state, relating to the appointment of commissioners of assessment in reclamation districts. [Approved February 18, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: supervisors commis in reclama tricts. SECTION 1. Sections thirty-four hundred and fifty-six and thirty-four hundred and fifty-nine of the Political Code of the State of California are hereby amended so as to read as follows: 3456. The board of supervisors of the county in which the Board of district is situated, or if the district is in more than one county, to appoint then the board of supervisors of the county in which the greater sioners of portion of the land in said district is situated, must appoint assessment three commissioners, disinterested persons, residents of the tion discounty in which the district, or some part thereof is situated, who must view and assess upon the land situated within the district a charge proportionate to the whole expense and to the benefits of which will result from such works, and estimate it in gold and silver coin of the United States. The same must be collected and paid into the county treasury as hereinafter provided, and be placed by the treasurer to the credit of the district, and paid out for works of reclamation upon the warrants of the trustees, approved by the board of supervisors of the county. assess 3459. If the original assessment is insufficient to provide Additional for the complete reclamation of the lands of the district, or if ments. further assessments are from time to time required to provide for the protection, maintenance, and repair of the reclamation works, the trustees must present to the board of supervisors of the county in which the district is situated, or if the district is situated in more than one county, then to the board of supervisors of the county in which the greater portion of the lands in said district are situated, a statement of the work done or to be done, and its estimated cost, and such board must make an order directing the commissioners who made the original assessment, or other commissioners, to be named in such order, to assess the amount of such estimated cost as a charge upon the lands within the district, which assessment must be made and collected in the same manner as the original assessment. SEC. 2. This act shall take effect and be in force immediately from and after its passage. Diseased trees, etc., to be dis CHAPTER XXX. An act to amend section 3 of "An act for the protection of horticulture and to prevent the introduction into this state of insects, or diseases, or animals injurious to fruit or fruit trees, vines, bushes, or vegetables and to provide for a quarantine for the enforcement of this act," which became a law under constitutional provision without governor's approval March 11, 1899. [Approved February 19, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section 3 of an act entitled an act for the protection of horticulture and to prevent the introduction into this state of insects, or diseases, or animals injurious to fruit or fruit trees, vines, bushes, or vegetables and to provide for a quarantine for the enforcement of this act which became a law under constitutional provision without governor's approval, March 11, 1899, is hereby amended so as to read as follows: Section 3. When any shipment of trees, shrubs, plants, vines, cuttings, grafts, cions, buds, fruit pits, or fruit or vegetables, infected. imported or brought into this state, is found infested with injurious insects, or their eggs, larvæ, or pupæ, or reasonable cause to presume that they may be so infested, or infected with tree, plant, or fruit disease or diseases, the entire shipment shall be disinfected at the expense of the owner, owners, or agent. After such disinfection, it shall be detained in quarantine the necessary time to determine the result of such disinfection. the disinfection has been so performed as to destroy all insects, or their eggs, and so as to eradicate all disease and prevent contagion, and in a manner satisfactory to the state horticultural quarantine officer, the quarantine guardian of the district, or the person commissioned by said board, the trees, vines, vegetables, seeds, or other articles shall then be released. Quarantine. Release. If SEC. 2. This act shall take effect immediately from and after its passage. CHAPTER XXXI. An act to repeal an act entitled "An act to provide for the letting of contracts for lighting of streets and public buildings in cities and towns in the State of California," approved March 26, 1895. [Approved February 20, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. An act entitled "An act to provide for the letting of contracts for lighting of streets and public buildings in act relating cities and towns in the State of California," approved March Repeal of twenty-sixth, eighteen hundred and ninety-five, is hereby to street repealed. SEC. 2. This act shall take effect immediately. lighting. CHAPTER XXXII. An act to appropriate money for the purpose of assisting to defray the expenses of a public nature incident to the holding of a national encampment of the Grand Army of the Republic in this state. [Approved February 20, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: tion for ment of SECTION 1. There is hereby appropriated out of any moneys Appropriain the treasury not otherwise appropriated, the sum of twenty- national five thousand dollars ($25,000), to be expended in the dis- encampcretion of the governor, for the purpose of assisting to defray Grand the expenses of a public nature incident to the holding of a of the national encampment of the Grand Army of the Republic in Republic. this state during the year nineteen hundred and three. Army to expend SEC. 2. The governor of the state shall, immediately upon Governor the passage of this act, demand from the state controller, and the state controller is hereby authorized and instructed upon such demand to draw his warrant in favor of the governor of the state for the sum of twenty-five thousand dollars ($25,000), to be expended by him as above provided, and the treasurer is hereby authorized and directed to pay the same; provided, that the governor, in his discretion, may arrange for the expenditure of said money through the general committee of management of the thirty-seventh national encampment of the Grand Army of the Republic, organized under the auspices of the Grand Army of the Republic in this state. SEC. 3. This act shall take effect from and after its passage. CHAPTER XXXIII. An act making an appropriation to pay the contingent expenses of the assembly, thirty-fifth session. [Approved February 23, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: tion to pay SECTION 1. The sum of twenty-five thousand dollars is Appropriahereby appropriated out of any money in the state treasury contingent not otherwise appropriated, to pay the contingent expenses of of assem the assembly, thirty-fifth session. SEC. 2. This act shall take effect immediately. bly. Court may summarily inquire into circumstances. Suspension of sen tence. Person released on CHAPTER XXXIV. An act to amend an act entitled "An act to establish a Penal Code," approved February 14, 1872, by amending sections 1203 and 1215 thereof, relating to the probation of persons arrested for crime after a plea or verdict of guilty, and the suspending of the imposition or execution of sentence during the term of probation. [Approved February 23, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section twelve hundred and three of the Penal Code is hereby amended to read as follows: 1203. After plea or verdict of guilty, where discretion is conferred upon the court as to the extent of the punishment, the court, upon oral suggestions of either party that there are circumstances which may properly be taken into view, either in aggravation or mitigation of the punishment, may, in its discretion, hear the same summarily at a specified time and upon such notice to the adverse party as it may direct. At such specified time, if it shall appear by the record furnished by the probation officer, or otherwise, and from the circumstances, of any person over the age of sixteen years so having plead guilty or having been convicted of the crime, that there are circumstances in mitigation of the punishment, or that the ends of justice will be subserved thereby, the court shall have power, in its discretion, to place the defendant upon probation. in the manner following: 1. The court, judge or justice thereof, may suspend the imposing of sentence and may direct that such suspension may continue for such period of time, not exceeding the maximum possible term of such sentence, and upon such terms and conditions as it shall determine, and shall place such person on probation, under the charge and supervision of the probation officer of said court during such suspension. 2. If the judgment is to pay a fine, and that the defendant be imprisoned until it be paid, the court, judge, or justice, upon imposing sentence, may direct that the execution of the sentence of imprisonment be suspended for such period of time, not exceeding the maximum possible term of such sentence, and on such terms as it shall determine, and shall place the defendant on probation, under the charge and supervision of the probation officer during such suspension, to the end that he may be given the opportunity to pay the fine; provided, however, that upon the payment of the fine being made, judgment shall be satisfied and the probation cease. 3. At any time during the probationary term of the person probation released on probation, in accordance with the provisions of this section, any probation officer may, without warrant, or other may be rearrested. process, at any time until the final disposition of the case, rearrest any person so placed in his care and bring him before the court, or the court may, in his discretion, issue a warrant for the rearrest of any such person and may thereupon revoke and terminate such probation, if the interest of justice so requires, and if the court, in its judgment, shall have reason to believe from the report of the probation officer, or otherwise, that the person so placed upon probation is violating the conditions of his probation, or engaging in criminal practices, or has become abandoned to improper associates, or a vicious life. Upon such revocation and termination, the court may, if the sentence has been suspended, pronounce judgment at any time after the said suspension of the sentence within the longest period for which the defendant might have been sentenced, but if the judgment has been pronounced and the execution thereof has been suspended, the court may revoke such suspension, whereupon the judgment shall be in full force and effect, and the person shall be delivered over to the proper officer to serve his sentence. probation. 4. The court shall have power at any time during the term Terminaof probation to revoke or modify its order of suspension of im- tion of position or execution of sentence. It may, at any time, when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation and discharge the person so held, and in all cases, if the court has not seen fit to revoke the order of probation and impose sentence or pronounce judgment, the defendant shall, at the end of the term of probation, be by the court discharged. SEC. 2. Section twelve hundred and fifteen of the Penal Code is hereby amended to read as follows: and how 1215. If the judgment is for imprisonment, or a fine Judgment, and imprisonment until it be paid, the defendant must forth- by whom with be committed to the custody of the proper officer and by executed. him detained until the judgment is complied with. Where, however, the court has suspended sentence, or where, after imposing sentence, the court has suspended the execution thereof and placed the defendant on probation, as provided in section twelve hundred and three of the Penal Code, the defendant, if over the age of sixteen years, must forthwith be placed under the care and supervision of the probation officer of the court committing him, until the expiration of the period of probation and the compliance with the terms and conditions of the sentence, or of the suspension thereof. Where, however, the probation has been terminated as provided in section twelve hundred and three of the Penal Code, and the suspension of the sentence, or of the execution revoked, and the judgment pronounced, the defendant must forthwith be committed to the custody of the proper officer and be detained until the judgment be complied with. SEC. 3. This act shall take effect immediately. |