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TITLE 370.

MOKELUMNE HILL.

ACT 5010.

Name changed to Lodi. [Stats. 1873-74, p. 690.]

ACT 5011.

Defining fire limits of, and providing for the support of the fire department thereof. [Stats. 1871-72, p. 625.]

ACT 5021.

TITLE 371.

MOKELUMNE RIVER.

To declare the Mokelumne River navigable. [Stats. 1880, p. 22.] Superseded by Political Code, § 2349.

TITLE 372.

MONEY.

ACT 5031.

In relation to money of account in this state. [Stats. 1850, p. 459.] Superseded by Political Code, §§ 3272-3274.

АСТ 5032.

To regulate the coining of money by individuals. [Stats. 1851, p. 171.] Superseded as to its penal provisions by § 6 of the Penal Code, and probably entirely superseded.

ACT 5033.

To prohibit any person or persons, association, company or corporation from exercising the privileges of banking or creating paper to circulate as money. [Stats. 1855, p. 128.]

Superseded by Penal Code, § 648.

ACT 5043.

TITLE 373.

MONO COUNTY.

Assessor, fixing compensation of. [Stats. 1873-74, p. 708.] Repealed by County Government Act, 1897, p. 570, § 213. See ante, Act 1864.

ACT 5044.

Official bonds in. [Stats. 1873-74, p. 180.]

Repealed by County Government Act, 1897, p. 475, § 66. See ante,

Act 1864.

ACT 5045.

To provide for additional judge in. [Stats. 1880, p. 99.] Repealed 1883, p. 62.

This act increased the number of judges from one to two.

ACT 5046.

Public roads in, improvement of. [Stats. 1877-78, p. 438.] Repealed 1883, p. 5, c. X, § 2, and by Political Code, §§ 2642, 2652. АСТ 5047.

Stallions running at large, act to prevent. [Stats. 1873-74, p. 228.] Codified by § 597g of Penal Code. See note to § 597g, Penal Code. ACT 5048.

Teachers in, employment of.

[Stats. 1873-74, p. 509.]

Probably repealed by Political Code, § 1696, as amended 1893, p. 255. ACT 5049.

Act to provide for the distribution of school moneys in Mono County. [Stats. 1877-78, p. 746.]

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An act to provide for the acquisition of the old mission at Sonoma, of
Fort Ross property, of the landing place at Monterey of Junipero
Serra, and the old theater property of Monterey, and providing for
the preservation, maintenance, protection and improvement of said
properties. [Approved February 21, 1905. Stats. 1905, p. 17.]
ACT 5060.

To incorporate the city of Monterey. [Stats. 1853, p. 159.]
Amended 1857, p. 55; 1862, p. 274; 1865, p. 834. Repealed 1889,

p. 227.

ACT 5061.

To grant to the city of Monterey the title to the waterfront of said city in the bay of Monterey. [Stats. 1867-68, p. 202.] Amended 1903, p. 290.

ACT 5062.

Charter of Monterey City. [Stats. 1911, p. 1742.] Amended 1921, p. 2268.

ACT 5063.

An act granting to the city of Monterey the title to the waterfront of said city in the bay of Monterey. [Approved May 27, 1919. Stats. 1919, p. 1359. In effect July 27, 1919.]

ACT 5073.

TITLE 375. MONTEREY COUNTY.

Courthouse and jail, erection of. [Stats. 1877-78, p. 28.] Amended 1877-78, p. 1034.

1848

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ACT 5074.

Transfer of money from one fund to another. [Stats. 1875–76, p. 595.] Superseded by subd. 18, § 25, County Government Act, 1897, p. 463. See ante, Act 1864.

This act authorized the transfer of money from the swamp-land fund to the general fund.

ACT 5075.

Concerning roads and highways in. [Stats. 1877–78, p. 998.]
Repealed 1883, p. 5, c. X, § 2, and by the County Government Acts.

ACT 5076.

Repealing the act of 1868 relating to roads in Monterey and making the provisions of the codes, respecting roads and highways applicable. [Stats. 1873-74, p. 307.]

Repealed Stats. 1883, p. 5, c. X, § 2.

ACT 5077.

Authorizing the appointment of two additional notaries in Monterey County. [Stats. 1871-72, p. 792.]

Repealed by Political Code, § 791.

ACT 5078.

In relation to officers of, their fees and salaries.
"Repealed, except as to county surveyor, by fee
the County Government Act, 1897, p. 526, § 175.
to the salary of recorder never went into effect.
Cal. 278."-Code Commissioners' Note.

ACT 5079.

[Stats. 1877-78, p. 863.] bill of 1895, p. 267, and The provisions relating See Speegle v. Joy, 60

To legalize and make valid copies of certain records of. [Stats. 1877-78, p. 736.]

АСТ 5080.

Fees of sheriffs of. [Stats. 1871-72, p. 419.]

Repealed by County Government Act, 1897, p. 526, § 175. See ante, Act 1864.

ACT 5081.

Fixing salary of superintendent of common schools of. [Stats. 1871–72, p. 316.]

Repealed by County Government Act, 1897, p. 526, § 175. See ante,

Act 1864.

ACT 5082.

Supervisorial districts, reorganizing. [Stats. 1873-74, p. 203.] Amended 1873-74, p. 432. Superseded by County Government Act, 1897, p. 452. See ante, Act 1864.

ACT 5083.

Supervisors, terms of. [Stats. 1875-76, p. 124.]

Amended 1877-78, p. 326. Superseded by County Government Act, 1897, p. 452. See ante, Act 1864.

ACT 5084.

An act to provide for the accomplishment of the work of constructing a breakwater in Monterey Bay, California, as recommended in the report of the chief of engineers, United States army, and printed in a document of the United States house of representatives, No. 1084, sixty-first congress, third session, calling for an expenditure of eight hundred thousand dollars and making an appropriation for such work. [Approved March 15, 1911. Stats. 1911, p. 371.] The act appropriated $200,000 for the purpose indicated, conditional upon the United States government taking charge of the work and appropriating $600,000 for the work.

This act was superseded by the act of 1917, p. 475. See next Act.

ACT 5085.

An act making an appropriation to aid in the construction of a breakwater in Monterey Bay, California. [Approved May 14, 1917. Stats. 1917, p. 475. In effect July 27, 1917.]

This act appropriated $200,000 for the purpose indicated, conditional upon the United States government taking charge of the work and appropriating not less than $200,000 for the work.

ACT 5095.

TITLE 376.

MONTEREY CUSTOM-HOUSE.

To provide for the appointment of a board of Monterey custom-house trustees and for the acquisition of the control of the Monterey custom-house property, and providing for an appropriation for the preservation, protection, and improvement of said property. [Approved March 16, 1901. Stats. 1901, p. 516.]

The nature of the act sufficiently appears from the title.

Duties and powers of trustees of transferred to Department of Finance: See Pol. Code, § 360d.

ACT 5105.

TITLE 377.

MORO COJO SLOUGH.

Declared navigable. [Stats. 1873-74, p 790.]

"Repealed by Political Code, § 2349, as amended 1891. Renewed by Political Code, § 2349, as amended in 1907."-Code Commissioners' Note.

ACT 5115.

TITLE 378. MORTGAGES.

An act to abolish attorney's fees, and other charges, in foreclosure

suits.

[Approved March 27, 1874. Stats. 1873-74, p. 707.]

§ 1. Attorney's fee on foreclosure to be fixed by court.

§ 2. Conflicting acts repealed.

1850

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ACT 5126.

An act to regulate the use and ope highways and elsewhere; to pro tification of motor vehicles and therefor; to provide for the lic vehicles; to prohibit certain pe the public highways; to prohibi vehicle without the consent of th offer to or acceptance by certai or other consideration for the pu vehicles, or for work or repair do violations of provisions of this ad of fines and forfeitures imposed tion of registration and license hereunder; to provide for carryi: make an appropriation and to en to repeal all acts or parts of act with this act. [Approved May Repealed 1915, p. 397. See next This statute did not violate sub the constitution by including Sa purposes of the act and excluding 167 Cal. 282, 139 Pac. 685.

It is not unconstitutional as ma that it requires professional chauf annual license tax, but exempts and regulation: Stork, In re, 167

Conceding without deciding that the court would nevertheless be ec and this because of § 42, which pr should be declared unconstitutiona the statute without that part: Mite 1915C, 706, 139 Pac. 685.

§1. Attorney's fee on foreclosure to be fixed by court. In all cases of foreclosure of mortgage the attorney's fee shall be fixed by the court in which the proceedings of foreclosure are had, any stipulation in said mortgage to the contrary notwithstanding.

§ 2. Conflicting acts repealed. All acts and parts of acts, so far as they conflict with the provisions of this act, are hereby repealed, and this act shall take effect and be in force from and after its passage.

TITLE 379.
MOTOR VEHICLES.

ACT 5125.

An act to regulate the operation of motor vehicles on public highways, and making an appropriation for the purpose of carrying out the objects of this act. [Approved March 22, 1905. Stats. 1905, p. 816.] Amended 1907, p. 914. Repealed May 31, 1913 (Stats. 1913, p. 656). See Act 5126, post.

See post, Act 5128.

See Pol. Code, §§ 2787, 2789, 2802.

ACT 5126.

An act to regulate the use and operation of vehicles upon the public highways and elsewhere; to provide for the registration and identification of motor vehicles and for the payment of registration fees therefor; to provide for the licensing of persons operating motor vehicles; to prohibit certain persons from operating vehicles upon the public highways; to prohibit the possession or use of a motor vehicle without the consent of the owner thereof, and to prohibit the offer to or acceptance by certain persons of any bonus or discount or other consideration for the purchase of supplies or parts for motor vehicles, or for work or repair done thereon; to provide penalties for violations of provisions of this act, and to provide for the disposition of fines and forfeitures imposed thereon; to provide for the disposition of registration and license fees, fines and forfeitures collected hereunder; to provide for carrying out the objects of this act and to make an appropriation and to create a revolving fund therefor; and to repeal all acts or parts of acts either in conformity or in conflict with this act. [Approved May 31, 1913. Stats. 1913, p. 639.] Repealed 1915, p. 397. See next act.

This statute did not violate subdivision 10 of § 25 of article IV of the constitution by including San Francisco as a county for the purposes of the act and excluding all other cities: Mitchell, Ex parte, 167 Cal. 282, 139 Pac. 685.

It is not unconstitutional as making an arbitrary classification, in that it requires professional chauffeurs or drivers for hire to pay an annual license tax, but exempts all other operators from such tax and regulation: Stork, In re, 167 Cal. 294, 139 Pac. 684.

Conceding without deciding that § 35 of this act is unconstitutional, the court would nevertheless be compelled to uphold § 7 of the act, and this because of § 42, which provides that if any part of the act should be declared unconstitutional the legislature intended to pass the statute without that part: Mitchell, In re, 167 Cal. 282, Ann, Cas. 1915C, 706, 139 Pac. 685.

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