An act authorizing and requiring boards or commissions having the management and control of paid police force to grant the members thereof yearly vacations. [Approved March 10, 1891; Stats. 1891, p. 47.] SECTION 1. In every city or city and county of this state where there is a regularly organized paid police force, the board of supervisors, common council, commissions, or other body having the management and control of the same, are authorized and required once in every year to provide for granting each member thereof a leave of absence from active duty for a period of not less than ten nor more than fifteen days. Leaves of absence so granted must be arranged by said board or commission so as not to interfere with the police protection of any such city or city and county, or to impair in any way the efficiency of the department; and leaves of absence granted in case of sickness or in consequence of wounds or injuries received while in the discharge of duty shall not be construed to be or become a part of the leave of absence provided for by this act. No deduction must be made from the pay of any police-officer granted a leave of absence under provisions of this act. SEC. 2. This act shall take effect immediately. An act to amend an act entitled "An act to create a police relief, health, life insurance, and pension fund in the several counties, cities and counties, cities, and towns of the state," approved March 4, 1889. [Approved March 31, 1891; Stats. 1891, p. 469.] SECTION 1. Section (1) one of the "Act to create a police relief, health, and life insurance and pension fund in the several counties, cities and counties, cities, and towns of the state," approved March fourth, eighteen hundred and eighty-nine, is hereby amended so as to read as follows: Section 1. The chairman of the board of supervisors of the county, city and county, city, or incorporated town in which there is no board of police commissioners, the treasurer of the county, city and county, or incorporated town, and the chief of police, and their successors in office, are hereby constituted a board of trustees of the police relief or pension fund of the police department, to provide for the disbursement of the same and to designate the beneficiaries thereof, as hereinafter directed, which board shall be known as the "Board of Police Pension Fund Commissioners"; provided, however, that where there is in any county, city and county, city, or town, a board of police commissioners, then such body shall constitute said board of trustees of the police relief and pension fund of the police department. Section (2) two of said act is hereby amended so as to read as follows: Section 2. They shall organize as such board by choosing one of their number as chairman, and by appointing a secretary. The treasurer of the county, city and county, city, or town shall be ex officio treasurer of said fund. Such board of trustees shall have charge of and administer said fund, and to order payments therefrom in pursuance of the provisions of this act. They shall report annually, in the month of June, to the board of supervisors, or other governing authority of the county, city and county, city, or incorporated town, the condition of the police relief and pension fund, and the receipts and disbursements on account of the same, with a full and complete list of the beneficiaries of said fund and the amounts paid them. An act to amend section seven of an act entitled "An act to create a police relief, health, and life insurance and pension fund in the several counties, cities and counties, cities, and towns of the state." [Approved March 31, 1891; Stats. 1891, p. 287.] SECTION 1. Section seven of said act is amended so as to read as follows: Section 7. Whenever any member of the police department of such county, city and county, city or town shall, after ten years of service, die from natural causes, then his widow or children, or if there be no widow or children, then his mother or unmarried sisters, shall be entitled to the sum of one thousand dollars from such fund. SEC. 2. This act shall take effect from and after its passage. 772. Misconduct of officer-Summary removal-Ac cusation: 83 Cal. 46; 85 Cal. 585; 85 Cal. 639; 68 Cal. 324; 96 Cal. 155. Act of March 30, 1874, providing for removal of certain officers, was abolished by the new constitution: 75 Cal. 147. 784. Subsequent arrest for same offense, where former proceeding pending, effect of: 71 Cal. 384. 786. Property brought into another county: 74 Cal. 94. See 91 Cal. 23. 799. No limitation in certain crimes. There is no limitation of time within which a prosecution for murder, the embezzlement of public moneys, and the falsification of public records must be commenced. Prosecution for murder may be commenced at any time after the death of the person killed, and for the embezzlement of public money or the falsification of public records, at any time after the discovery of the crime. [Amendment approved March 20, 1891; Stats. 1891, p. 192.] 800. An indictment for any other felony than murder, the embezzlement of public money, or the falsification of public records, must be found, or an information filed, within three years after its commission. [Amendment approved March 20, 1891; Stats. 1891, p. 192.] 801. Limitation of misdemeanor: 85 Cal. 86. 806. Swearing to complaint: 65 Cal. 615. 809. Date of filling - Of order of commitment: 68 Cal. 576; of the shorthand reporter's notes of the evidence: 65 Cal. 107. Irregularity in examination or commitment: 68 Cal. 576. Designation of offense in indictment: 66 Cal. 662; 67 Cal. 231. Defendant charged by fictitious name: 73 Cal. 272. 811. Complaint, sufficiency of to sustain warrant of arrest: 74 Cal. 164; 91 Cal. 23. 821. Commitment by one and examination by another justice: 65 Cal. 216. 858. Mandamus to compel justice to proceed with preliminary examination: 66 Cal. 594. 861. Continuances, consent to: 75 Cal. 301. 864. Admission of reporter's transcript of testimony of deposing witness: 75 Cal. 301. 865. Failure to ask witness his business is not prejudicial: 69 Cal. 601. 869. Section allowing depositions taken on prelim. inary examination to be read is constitutional: 66 Cal. 101. Compensation of shorthand reporter: 83 Cal. 361. Transcript of reporter's notes as evidence: 75 Cal. 98; 75 Cal. 301. Objection to question: 75 Cal. 98. Business or profession of deponent, what statement of sufficient: 75 Cal. 301. 872. Commitment, sufficiency of and validity: 65 Cal. 216; 66 Cal. 662; 68 Cal. 576; 73 Cal. 252; 84 Cal. 598; 85 Cal. 309; 85 Cal. 362; 88 Cal. 316 90 Cal. 195; 93 Cal. 377; 94 Cal. 497; 96 Cal. 315. Amendment of defective commitment: 85 Cal. 309. 877. Warrant of commitment will be presumed to have been made out as required by this section, when: 68 Cal. 576. 882. Deposition taken pending an information upon a void commitment cannot be read: 84 Cal. 598. 883. Failure to return depositions: 66 Cal. 662; 95 Cal. 657. 894. Legality of grand jury not determined upon writ of review in an agreed case, when: 91 Cal. 535. 895. Collateral attack on validity of grand jury: 69 Cal. 541. 897. Challenge after discharge of grand jury: 88 Cal. 233. 906. Term of service of grand jury: 69 Cal. 541. Bias on part of grand jury is not shown by calling wit 920. Right of defendant to be heard before grand 926. Grand juror as a witness: 77 Cal. 620. 942. Effect of dismissal of bill by grand jury: 65 Cal. 943. Indorsement of names of witnesses on indict- 944. Time for filing indictment: 95 Cal. 657. 956. Misnomer of person injured: 67 Cal. 55; 69 Cal. 958. Indictment following language of statute: 70 Cal. 959. Indictment in particular offenses. See Par- General rules as to indictment Particularity of aver- Affirmative showing of jurisdiction: 92 Cal. 277. Criminal intent need not be shown: 96 Cal. 171. Charging different offense than that named in indict- Amendment of indictment: 69 Cal. 184; 91 Cal. 640. 970. Withdrawal of indictment as to one defendant: 971. Accessary is tried and punished as principal: Indictment of accessary: 78 Cal. 84. 976. Withdrawal of plea as to prior convictions: 987. Assignment of counsel: 66 Cal. 228. 988. Arraignment and plea: 81 Cal. 566; 84 Cal. 484; 88 995. Setting aside information or indictment, Where no offense in commitment or depositions: 91 Cal. 91. Because oath administered by clerk of police court: 96 Cal. 315. Indictment not based on any charge for which defendant held to Designation of defendant by different names: 65 Cal. 613. Variance of information from commitment: 94 Cal. 497. See 94 Indictment without giving defendant opportunity to challenge Discharge on habeas corpus: 79 Cal. 554. Decision of trial court on motion - Presumption: 91 Cal. 640. Demurrer properly overruled if indictment sufficient 1007. Confession of demurrer: 65 Cal. 564. Judgment on demurrer - Appeal, how may be taken: Absence of counsel for defendant on overruling de- 1008. Allowing demurrer-Ordering new indict- 1012. Arrest of judgment: 82 Cal. 620; 83 Cal. 374; 92 Cal. 1017. Arraignment and plea: See ante, sec. 988, note. 113. Withdrawal of plea after punishment fixed: 67 Cal. Jury trial waived by plea of guilty: 67 Cal. 113. 1021. This section, providing that acquittal for vari 178. 1022. Once in jeopardy, plea of: See ante, sec. 687, note. Verdict where previous conviction charged and con- 1033. Change of venue: 65 Cal. 138; 76 Cal. 328; 80 Cal. |