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ment, as the case may require; provided, however, if the issue to be tried is an issue of fact, proof must first be made to the satisfaction of the court that the adverse party has had five days' notice of such trial.

SEC. 2. This act shall take effect and be in force from and after its passage.

Pilots to render an account.

Pay five

receipts.

CHAPTER VII.

An act to amend an act entitled "An act to establish a Political Code," approved March 12, 1872, by amending section two thousand four hundred and sixty of said Political Code, relating to pilots, pilot commissioners, and pilotage.

[Approved February 14, 1899.]

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

SECTION 1. Section two thousand four hundred and sixty of the Political Code of the state of California is hereby amended to read as follows:

2460. Every pilot of the harbor of San Francisco, Mare Island, Vallejo, and Benicia must, once in each month, upon blanks to be furnished to them by the board of pilot commissioners, render a verified account to the board of all moneys received by him, or by any other person for him, or on his account, and pay five per cent thereof to the board, in per cent of full compensation for its official services, for the services of its secretary and treasurer, and all incidental expenses. Such Contents of account shall give the name of each vessel piloted, and the master thereof, and of each vessel for which pilotage has been charged or collected, and the amount charged to or collected from each, and any rebates made and allowed and the amounts thereof, where the same is registered, the depth of its draught, its tonnage, whether inward or outward bound, and whether the amount so received, collected, or charged is for full pilotage or half pilotage, and the secretary shall record such account in full detail in a book prepared for that purpose, which book shall at all times be open to public inspection.

account.

Duties of secretary.

:

SEC. 2. This act shall go into effect sixty days after its passage.

CHAPTER VIII.

An act making an appropriation to pay the claim of F. P. Otis for costs of suit in foreclosing delinquent purchases of state school lands.

[Approved February 14, 1899.]

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

tion to pay

SECTION 1. The sum of one hundred and twenty-seven dol- Approprialars and thirty-eight cents is hereby appropriated to pay the claim of claim of F. P. Otis for expenses incurred in foreclosing delin- F. P. Otis. quent purchases of state school lands in Tuolumne county (the same having been approved by the state board of examiners).

SEC. 2. The state controller is hereby authorized to draw his warrant in favor of said F. P. Otis for the sum herein made payable, and the state treasurer is hereby directed to pay the

same.

SEC. 3. This act shall take effect immediately.

CHAPTER IX.

An act to amend sections nine hundred and thirty-nine and nine hundred and sixty-three of an act entitled "An act to establish a Code of Civil Procedure."

[Approved February 14, 1899.]

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

SECTION 1.

Section nine hundred and thirty-nine of an act entitled "An act to establish a Code of Civil Procedure" is, hereby amended so as to read as follows:

939. An appeal may be taken:

from what

may be

1. From a final judgment in an action, or special proceeding, Appeal, commenced in the court in which the same is rendered, within six months after the entry of judgment. But an exception to taken. the decision, or verdict, on the ground that it is not supported by the evidence, cannot be reviewed on an appeal from the judgment, unless the appeal is taken within sixty days after the rendition of the judgment;

2. From a judgment rendered on an appeal from an inferior court, within ninety days after the entry of such judgment;

3. From an order granting or refusing a new trial; from an order granting or dissolving an injunction; from an order refusing to grant or dissolve an injunction; from an order appointing a receiver; from an order dissolving or refusing to dissolve an attachment; from an order granting or refusing to

Appeal,

when may be taken

to supreme court.

grant a change of the place of trial; from any special order made after final judgment; from an interlocutory judgment, order, or decree hereafter made or entered in any action to redeem real or personal property from a mortgage thereof, or lien thereon, determining such right to redeem and ordering an accounting; from an interlocutory judgment in actions for partition of real property; and from an order confirming, changing, modifying, or setting aside the report, in whole or in part, of the referees in actions for partition of real property in the cases mentioned in section seven hundred and sixtythree of this code, within sixty days after the order of interlocutory judgment is made and entered in the minutes of the court, or filed with the clerk.

SEC. 2. Section nine hundred and sixty-three of an act entitled "An act to establish a Code of Civil Procedure" is hereby amended so as to read as follows:

963. An appeal may be taken to the supreme court, from a superior court, in the following cases:

1. From a final judgment entered in an action, or special proceeding, commenced in a superior court, or brought into a superior court from another court;

2. From an order granting or refusing a new trial, or granting or dissolving an injunction, or refusing to grant or dissolve an injunction, or appointing a receiver, or dissolving or refusing to dissolve an attachment, or changing or refusing to change. the place of trial; from any special order made after final judgment; from any interlocutory judgment, order, or decree hereafter made or entered in actions to redeem real or personal property from a mortgage thereof, or lien thereon, determining such right to redeem, and directing an accounting; and from such interlocutory judgment in actions for partition as determines the rights and interests of the respective parties, and directs partition to be made;

3. From a judgment or order granting or refusing to grant, revoking or refusing to revoke, letters testamentary, or of administration, or of guardianship; or admitting or refusing to admit a will to probate, or against or in favor of the validity of a will, or revoking the probate thereof; or against or in favor of setting apart property, or making an allowance for a widow or child; or against or in favor of directing the partition, sale, or conveyance of real property, or settling an account of an executor, administrator, or guardian; or refusing, allowing, or directing the distribution or partition of an estate, or any part thereof, or the payment of a debt claim, or legacy, or distributive share; or confirming or refusing to confirm a report of an appraiser or appraisers setting apart a homestead.

SEC. 3. This act shall take effect immediately.

CHAPTER X.

An act to amend section thirty-four hundred and fifty-three of the Political Code.

[Approved February 14, 1899.]

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

SECTION 1. Section thirty-four hundred and fifty-three of the Political Code is hereby amended so as to read as follows, viz.:

trustees of

districts.

3453. After the approval of the petition and the adoption Boards of of by-laws, the board of supervisors of the county where the reclamadistrict was formed, on the application of a land-owner of the ton district, must call an election in compliance with the provisions of section thirty-four hundred and ninety-one of this code, at which election there must be elected, under and in pursuance of the provisions of said section thirty-four hundred and ninety-one, three eligible persons, who shall constitute, when elected and qualified, the board of trustees of the district, for the management of the affairs thereof, and who shall hold office for two years next succeeding their election, and until their successors are elected and qualified. The board of trustees must keep an office in or near the district for the transaction of the business thereof, and the books, maps, papers, records, contracts, and other documents pertaining to the affairs of the district must be open to inspection by any person interested at all times. From and after the election and qualification of said trustees said district shall be deemed organized and shall have power to sue and be sued.

CHAPTER XI.

An act to prevent the maintenance against the state, or any officer thereof, by any county or county officer, of any action or proceeding for the collection or recovery of any money alleged to be due such county, or any officer thereof, for services rendered in the assessment, equalization, auditing, and collection of ad

valorem taxes.

[Approved February 16, 1899.]

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

ad valorem

SECTION 1. No action or proceeding shall hereafter be main- Suits in tained by any county or county officer against the state or any tax cases state officer for the collection or recovery of any money alleged prohibited. to be due such county or any officer thereof for services ren

dered in the assessment, equalization, auditing, and collection of ad valorem taxes, and all such actions and proceedings heretofore commenced and now pending, and all such actions or proceedings that may hereafter be instituted, shall be dismissed by the court in which the same may be pending upon its own motion.

SEC. 2. Nothing in this act shall be held to affect the commissions paid to the assessor of the several counties for services rendered in the collection of personal property taxes, or the mileage allowed to the treasurer of the several counties or cities and counties in making settlements with the state.

SEC. 3. All acts or parts of acts in conflict with any of the provisions of this act are hereby repealed.

SEC. 4. This act shall take effect and be in force from and after its passage.

Powers of

corpora

tions.

CHAPTER XII.

An act to amend section five hundred and ninety-five of the Civil
Code, relating to powers of benevolent corporations.

[Approved February 16, 1899.]

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

SECTION 1. Section five hundred and ninety-five of the Civil Code of California is hereby amended so as to read as follows: 595. All such corporations may hold all the property benevolent of the association owned prior to incorporation or acquired thereafter in any manner, and transact all business relative thereto; but no such corporation must own or hold more real estate than may be necessary for the business and objects of the association and providing burial grounds for its deceased members, not to exceed six whole lots in any city or town, nor more than twenty acres in the country, the annual increase, income, or profit whereof must not exceed fifty thousand dollars; provided, that any such corporation now or hereafter having, and having had continuously for the next preceding three years, the care, custody, control, and maintenance each year, upon an annual average, of not less than one hundred orphans, half-orphans, and indigent minor children at any one orphan asylum, shall be entitled and allowed to own and possess any number of acres not exceeding one hundred and sixty acres of land in the country, outside of any incorporated city or town, and the annual income or profit of which does not exceed fifty thousand dollars; and provided further, such orphan asylum shall be situated on such lands; and provided further, that the limitations herein provided for shall not apply to corporations formed, or to be formed, under section. six hundred and two of the Civil Code, when the land is

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