Board of Prison Directors in the purchase of material for the erection of a wall at the State Prison at Folsom. SEC. 2. The Controller of State is hereby directed to draw his warrant in favor of the State Board of Prison Directors in the sum hereby appropriated. SEC. 3. This Act shall take effect immediately. Division. First Second Third District. Fourth District. Fifth CHAPTER LXXII. An Act to divide the State of California into Congressional Districts. [Approved March 13, 1883.] The People of the State of California, represented in Senate and SECTION 1. For the purpose of electing Representatives to the Congress of the United States, this State is hereby divided into six Congressional Districts, as follows: SEC. 2. The Counties of Del Norte, Humboldt, Trinity, Siskiyou, Shasta, Modoc, Lassen, Plumas, Sierra, Tehama, Colusa, Mendocino, Lake, Sonoma, and Napa, shall comprise the First Congressional District. SEC. 3. The Counties of Butte, Sutter, Yuba, Nevada, Placer, El Dorado, Amador, Calaveras, San Joaquin, Stanislaus, Merced, Tuolumne, and Mariposa, shall comprise the Second Congressional District. SEC. 4. The Counties of Yolo, Sacramento, Solano, Contra Costa, Marin, and Alameda, shall comprise the Third Congressional District. SEC. 5. All that portion of the City and County of San Francisco described as follows, to wit: Commencing at the intersection of Bryant Street with the waters of the Bay of San Francisco, continuing thence along the center of Bryant Street to the center of Seventh Street; thence along the center of Seventh Street to the center of Market Street; thence along the center of Market Street to the center of McAllister Street; thence along the center of McAllister Street to the center of Leavenworth Street; thence along the center of Leavenworth Street to the center of Sutter Street; thence along the center of Sutter Street to the center of Hyde Street; thence along the center of Hyde Street to the center of California Street; thence along the center of California. Street to its intersection with the east line of the City Cemetery; thence northerly in a direct line to the waters of the Pacific Ocean; thence along the shore in an easterly direction to the place of beginning, together with all the islands within the boundaries of the City and County of San Francisco, shall comprise the Fourth Congressional District. SEC. 6. All that portion of the City and County of San Francisco not included in the Fourth Congressional District, District. together with the Counties of San Mateo, Santa Cruz, and SEC. 8. All Acts or parts of Acts in conflict with this Act are hereby repealed. SEC. 9. This Act shall take effect immediately. CHAPTER LXXIII. An Act to amend an Act entitled “An Act to establish a Political Code," approved March 12, 1872, and to add a new section thereto, numbered four thousand and forty-five, relative to the general permanent powers of Boards of Supervisors, and fixing licenses. [Approved March 13, 1883.] The People of the State of California, represented in Senate and SECTION 1. The Political Code of the State of California is hereby amended by adding a new section thereto, to be known as section number four thousand and forty-five, to read as follows: 4045. The Board of Supervisors, in their respective coun- License tax. ties, have jurisdiction and power, under such limitations and restrictions as are prescribed by law, and in addition to their other jurisdiction and powers, to impose a license tax, at a rate to be fixed annually by them, upon the following named persons, occupations, and business: 1. Auctioneers, bridges, ferries, wharves, chutes, piers, per- Occupations. sons engaged in banking, loaning money at interest, or in buying or selling notes, bonds, or other evidences of indebtedness of private persons; or in buying or selling State, county, or city stocks, or other evidences of State, county, or city indebtedness, or stocks; or notes, bonds, or other evidences of indebtedness of incorporated companies; or in buying or selling gold dust, gold or silver bullion, or gold or silver coin; proprietors of billiard tables not kept exclusively for family use, theaters, exhibitions of a caravan or menagerie, or any collection of animals, circus, or other acrobatic performance; each show for pay of any figures, jugglers, necromancers, magicians, wire or rope dancers, or sleight of hand exhibition; all pawnbrokers, keepers of intelligence offices, persons who sell spirituous, malt, or fermented liquors, or wine, in less quantities than one quart. 2. Every person who, at a fixed place of business, sells any goods, wares, or merchandise, wines or distilled liquors, drugs or medicines, jewelry or wares of precious metals, whether on commission or otherwise (except agricultural or vinicultural Charitable entertainments excepted. county licenses. productions, or the productions of any stock, dairy, or poultry farm of this State, when sold by the producer thereof, and except such as are sold by auctioneers at public sale under license); all persons who keep horses or carriages for hire, (except such as are used in the transportation of goods); every traveling merchant, hawker, or peddler who vends goods, wares,, or merchandise of any kind, other than the manufactures or productions of this State; every person who keeps a stallion, jack, or bull, and who permits the same to be used for the purpose of propagation for hire; a license for propagation, obtained from the Tax Collector, under the provisions of this Act, shall entitle the holder thereof to the right to go into any county of this State for the purposes of propagation, without further license or expense. The provisions of this section do not apply to exhibitions or entertainments given for the benefit of churches, schools, or other charitable entertainments, by any amateur dramatic association or literary society of the town or district in which such exhibition or entertainment is given. The sale of liquors and wines by persons licensed under division two of this section, must not be in less quantity than one quart measure. No license must be required of physicians, surgeons, apothecaries, or chemists, for any wines or spirituous liquors they may use in the preparation of medicines. Board to fix 3. The Board of Supervisors of each county must, on the first Monday of October of each year, fix the rates of county licenses; provided, that after the passage of this Act, said Board of Supervisors of each county may, at any general or special meeting of said Board, held as required by law, fix the rates of said licenses up to the first Monday of October, A. D. eighteen hundred and eighty-three, and said licenses shall be collected at said rates for the year eighteen hundred and eighty-three until said rates are fixed on said first Monday of October, A. D. eighteen hundred and eighty-three. 4. The licenses herein provided for shall be collected as now provided for by the provisions of chapter fifteen, title seven, part three, of the Political Code of the State of California. SEC. 2. This Act shall take effect immediately. CHAPTER LXXIV. An Act to provide for the disposal of moneys remaining in the building fund of any school district, after all bonds and indebtedness shall have been paid and liquidated, arising from the construction of school buildings. [Approved March 13, 1883.] The People of the State of California, represented in Senate and SECTION 1. All moneys that have been or shall be raised by special tax, for the purpose of erecting school buildings, moneys to be School Fund. that shall remain in the hands of the County Treasurer after Surplus all bonds that have been or may be issued on account of such placed in buildings shall have been redeemed, and all other indebted- County ness arising on account of such building shall have been liquidated, shall be placed in the County School Fund of the school district for which such moneys were raised, subject to the order of the Trustees of said district. CHAPTER LXXV. An Act to establish a uniform system of county and township governments. [Approved March 14, 1883.] The People of the State of California, represented in Senate and Counties as now organ ized or may be created are bodies SECTION 1. The several counties of this State as they now exist, and such other counties as may be hereafter organized according to law, are bodies corporate and politic, and as such have the powers specified in this Act, and such other politic. powers as are necessarily implied. exercised. SEC. 2. Its powers can only be exercised by the Board of Powers, how Supervisors, or by agents and officers acting under their authority, or authority of law. SEC. 3. The name of a county designated in the law creat- Name. ing it is its corporate name, and it must be designated thereby in all actions and proceedings touching its corporate rights, property, and duties. SEC. 4. It has power: 1. To sue and be sued ; 2. To purchase and hold land within its limits; 3. To make such contracts and purchase and hold such personal property as may be necessary to the exercise of its powers; 4. To manage and dispose of its property as the interests of its inhabitants may require; 5. To levy and collect such taxes for purposes under its exclusive jurisdiction as are authorized by law. Powers. SEC. 5. No county shall, in any manner, give or loan its Restrictions. credit to or in aid of any person or corporation. No county shall incur any indebtedness or liability in any manner or for any purpose, exceeding in any year the income and revenue provided for it for such year, without the assent of two thirds of the qualified electors thereof, voting at an election to be held for that purpose, nor unless before or at the time of incurring such indebtedness provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within twenty years from the time of contracting the same. Any indebtedness or liability incurred contrary to this provision shall be void. SEC. 6. All contracts, authorizations, allowances, payments, and liabilities to pay, made or attempted to be made in violation of this Act, shall be absolutely void, and shall never be the foundation or basis of a claim against the treasury of such county. And all officers of said county are charged with notice of the condition of the treasury of said county, and the extent of the claims against the same. SEC. 7. All Supervisors, and any other officer, authorizing, or aiding to authorize, or auditing, or allowing any claim or demand upon or against said treasury, or any fund thereof, in violation of any of the provisions of this Act, shall be liable in person, and upon their several official bonds, to the person or persons damaged by such illegal authorization, to the extent of his loss by reason of the non-payment of his or their claim. SEC. 8. Hereafter, whenever any Board of Supervisors shall, without authority of law, order any money paid as a salary, fees, or for any other purposes, and such money shall have been actually paid; or whenever any other county officer has drawn any warrant or warrants in his own favor, or in favor of any other person, without being authorized thereto by the Board of Supervisors, or by the law, and the same shall have been paid, the District Attorney of such county is hereby empowered, and it is hereby made his duty, to institute suit in the name of the county, against such person or persons, to recover the money so paid, and twenty per cent damages for the use thereof; and no order of the Board of Supervisors therefor shall be necessary to maintain such suit; and provided further, that when the money has not been paid on such order or warrants, it is hereby made the duty of the District Attorney of such county, upon receiving notice thereof, to commence suit in the name of the county for restraining the payment of the same, and no order of the Board of Supervisors shall be necessary in order to maintain such suit. SEC. 9. It shall be the duty of the Superior Judge of each and every county, whenever a Grand Jury is impaneled, to call their attention to the provisions of the foregoing sections, and to instruct them to ascertain by careful and diligent investigation whether the provisions of said sections have been complied with, and to specially note the result of such investigation in their report. SEC. 10. The Secretary of State shall, within ninety days after the passage of this Act, certify to the County Clerk of each of the counties in the State, the population of such county, as détermined by the United States census taken in the year eighteen hundred and eighty, and thereafter, whenever a new census is taken, shall, as soon as the same shall be officially ascertained by him, certify to each of such Clerks the population of such county, as determined by such new census, and on the even numbered years thereafter the several counties are, by operation of law, classified thereunder; but such classification shall not operate to change the gov |