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of any such body except in accordance with the rules, regulations and discipline of such religious denomination, society or church.

§ 16. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional.

§ 17. Repealed.

by repealed.

ACT 1297.

All acts or parts of acts in conflict herewith are here

TITLE 100.
CENSUS.

An act to authorize any city, or city and county of this state to take its

census.

[Approved February 25, 1897. Stats. 1897, p. 28.]

§ 1. Legislative body may take census.

§ 2.

Manner of taking census.

§ 3. Certified copy.

§ 4.

Time of taking effect of act.

§ 1. Legislative body may take census. The council, or other legislative body of any city in this state, and the board of supervisors, or other legislative body of any city and county of this state, is hereby authorized, whenever said council, board of supervisors, or other legislative body, may deem it necessary, between the years of taking the federal census, to take the census of such city, or city and county, in the manner prescribed by section 2 of this act.

§ 2. Manner of taking census. Said council, board of supervisors, or other legislative body of any city, or city and county of this state electing to take a census, as in this act provided for, shall pass a resolution of intention declaring its intention to cause such census to be taken by one or more suitable persons appointed therefor by such council, board of supervisors, or other legislative body, at the expense of said city or cities desiring such census taken, and such census shall, by such persons so appointed, be taken of all the inhabitants of such city, or city and county, and in said census the full name of each person shall be plainly written and the names alphabetically arranged and regularly numbered in one complete series, and when completed shall be verified before any officer authorized to administer oaths, and be filed with the clerk of such city, or city and county.

§ 3. Certified copy. A certified copy of such census shall be prepared by said clerk after being so filed, and shall be filed by him with the secretary of state for this state, and thereupon the same shall be known and be the official census of said city, or city and county.

§ 4. Time of taking effect. This act shall take effect and be in force from and after its passage.

Taking of census: See Pol. Code, § 4055.

ACT 1307.

TITLE 101.

CENTRAL PACIFIC RAILROAD COMPANY.

Authorizing relocation of route of. [Stats. 1863, p. 320.]

АСТ 1308.

To aid construction of, and to secure the use of the same to this state for military and other purposes. [Stats. 1863-64, p. 344.]

ACT 1309.

To aid in carrying out the provisions of the Pacific railroad and telegraph act of congress. [Stats. 1863-64, p. 471.]

This act granted certain privileges to the Central Pacific Railroad Company.

ACT 1310.

For relief of. [Stats. 1871-72, p. 432.]

This act validated the certificate of incorporation of the San Joaquin Valley Railroad, which consolidated with other railroads under the name of the Central Pacific Railroad.

ACT 1320.

TITLE 102.

CHAMBERS OF COMMERCE.

To provide for the formation of chambers of commerce, boards of trade, mechanics' institutes, and other kindred protective associations. [Stats. 1865-66, p. 469.]

Amended 1867-68, p. 5; 1885, p. 76.

Codified by §§ 591-592e, Civil Code.

ACT 1330.

TITLE 103.

CHARITIES AND CORRECTIONS.

An act to create a state board of charities and corrections, prescribing its duties and powers, and appropriating money therefor.

[Approved March 25, 1903. Stats. 1903, p. 482.]

Amended 1. 1911, p. 1334. 2. 1915, p. 847.

With the exception of § 4 the act was entirely amended or the sections were renumbered in 1911.

1. State Board of Charities created. Women eligible. Vacancies. § 2. Expenses allowed. Bond of secretary. Office. Meetings. Non

attendance deemed resignation.

§ 3. Powers and duties. Forms of records. Plans of buildings sub

mitted.

§ 4. Attendance of witnesses. Disobedience of subpoena.

5. Investigate institutions receiving state aid.

86. Refusing to furnish information.

7. Plenary investigation by governor.

§ 8. Biennial report.

89. Institutions exempted from act. 10. Repeal of conflicting acts.

§ 1. State board of charities created. Women eligible. Vacancies. A state board of charities and corrections is hereby created of six members, to be appointed by the governor, with the advice and consent of the senate, not more than three of whom shall be of the same political party. Such members shall hold office for a period of four years and until their successors are appointed and qualified;` provided, that the terms of the three members who were appointed February 17, 1908, shall expire February 17, 1912, and the other three terms shall expire February 17, 1914, and thereafter the terms of three members of said board shall expire on February 17th of each even-numbered year. Women may be appointed members of said board or hold any position in the appointment of said board. No person shall be appointed a member, or continue to act as such, while he is a trustee, manager, director, or other administrative officer of an institution, subject to the provisions of this act. Appointments to fill vacancies before the expiration of such terms shall be for the residue of terms in the same manner as original appointments. The governor shall be ex officio a member of said board. [Amendment approved May 1, 1911. Stats. 1911, p. 1334.]

§ 2. Expenses allowed. Bond of secretary. Office. Meetings. Nonattendance deemed resignation. The members of said board shall act without compensation, but shall be allowed their actual necessary expenses. The said board may appoint a secretary and such other employees as it may deem necessary to carry out the provisions of this act, and shall determine their salaries. The secretary of said board shall execute a bond in the sum of five thousand ($5,000) dollars, and take the oath of office prescribed by the Political Code for the executive officers of this state. The board shall provide itself with an office in the city and county of San Francisco. Meetings of the board may be held at such times and in such places in the state of California as said board may deem fit. It may make such rules and orders for the regulation of its own proceedings as it may deem necessary, and may fix the number of members necessary to constitute a quorum. The failure of a member to attend three consecutive meetings of said board during any calendar year, unless excused by formal vote of the board, may be construed by the governor as a resignation of said nonattending member. [Amendment approved May 26, 1915. Stats. 1915, p. 847. Also amended May 1, 1911. Stats. 1911, p. 1335.]

§ 3. Powers and duties. Forms of records. Plans of buildings submitted. The board is hereby empowered and authorized, and it shall be its duty as a whole, or by committee, or by its secretary, or other agent whom it may authorize, to investigate, examine, and make reports upon the charitable, correctional, and penal institutions of the state, including the state hospitals for the insane, of the counties, cities and counties, cities, and towns of the state, and such public officers as are in any way responsible for the administration of public funds used for the relief or maintenance of the poor. All the persons or officers in charge of or connected with such public institutions, or with the administration of said funds, are hereby required to furnish to the board or its committee or secretary such information and statistics as they may request or require, and allow said board, committee, or secretary free access to all departments of such institutions and to all of their records. In order to secure accuracy, uniformity, and completeness in such statistics and

information, the board may prescribe such forms of report and records by the state commission in lunacy regarding the state hospitals for the insane and by such other officers, boards, or institutions as it may deem necessary, and also such forms of registration at all public institutions referred to in this section as it may require. The state commission in lunacy, on behalf of the institutions under its charge, and the officers of all other institutions, and all officers in any way responsible for public funds used for the relief of the poor or the maintenance of any inmates of said public institutions, are hereby required to follow such forms, records, and registration so prescribed; provided, that the intent of this law is that, so far as possible, the board shall make use of the forms of report, record, and registration now obtaining in the state commission of lunacy and other state boards and institutions. All plans of new buildings, or parts of buildings for any of the public institutions coming under provisions of this section, or any additions or alterations in such buildings, shall, before their adoption by the proper officials, be submitted to the board for suggestions and criticism. [Amendment approved May 1, 1911. Stats. 1911, p. 1335.]

§ 4. Attendance of witnesses. Disobedience of subpoena. The board shall have the power to issue compulsory process to compel the attendance of any witness before said board or any member thereof, and to require the production of such books or papers relating to any public institution mentioned in section 3 of this act as they may deem necessary; provided, that no witness shall be required to attend before said board out of the county in which he resides. Any member of said board shall have power, and he is hereby authorized to administer an oath to any and all witnesses coming before said board, or any member thereof, for examination, and to examine such witness or witnesses in reference to any matter relating to public institutions mentioned in section 3 of this act appertaining to the inquiry before the board, or said member. Disobedience of a subpoena issued by said board, or refusal to be sworn, or to answer, shall subject such person disobeying or refusing to a forfeiture of one hundred dollars, to be recovered in a civil action brought in a court of competent jurisdiction by said board in its name as plaintiff, the money recovered to be appropriated to the use of said board.

§ 5. This section was renumbered as section 7; Stats. 1911, p. 1336. A new section 5 was added in 1911 as follows:

§ 5. Investigate institutions receiving state aid. The board is hereby empowered and authorized, and it shall be its duty as a whole, or by committee, or by its secretary, to investigate, examine, and make reports upon all institutions or persons receiving any state aid for the care of orphan, half-orphan, abandoned or dependent children, and may prescribe forms of record thereof to be kept, and require reports thereof. [New section approved May 1, 1911. Stats. 1911, p. 1336.] § 6. This section was renumbered as section 8, and amended: See post, § 8.

A new section 6 was adopted in 1911 as follows:

§ 6. Refusing to furnish information. Any public officer, superintendent, manager or person in charge of any said public institution, or with the administration of said funds, who refuses or neglects to

furnish said board, its committee or secretary, the information and statistics which they may request or require shall be subject to a forfeiture of fifty dollars, to be recovered as provided in section 4 of this act for disobedience of a subpoena. [New section approved May 1, 1911. Stats. 1911, p. 1336.]

§ 7. Plenary investigation by governor. No provision in this act contained shall in any way be construed as preventing the governor of this state from making a plenary investigation in reference to the conduct of any public institutions under the terms of any act of the legislature of this state. Furthermore, the governor may at any time order an investigation by the board, or by a committee of its members, of the management of the above-named institutions, or any thereof. This was § 5 of the original act. It was renumbered as § 7 in the amendment of 1911. Stats. 1911, p. 1336.

§ 8. This section was renumbered as § 10 in 1911: Stats. 1911, p. 1336.

Section 6 of the original act was renumbered as § 8 in 1911 and amended to read as follows:

§ 8. Biennial report. Two months prior to each regular session of the legislature, the board shall make a full and complete report to the governor of all its transactions during the preceding two years, showing fully and in detail all expenses incurred and moneys paid out by it, and giving a list of all officers and agents employed, and the actual condition of all institutions under its supervision, with such suggestions as it may deem necessary and pertinent, and with recommendations for legislative and executive action. [Renumbered and amended May 1, 1911. Stats. 1911, p. 1336.]

§ 9. Institutions exempted from act. The provisions of this act shall not apply to the Veterans' Home of California, located at Yountville, Napa County, nor to the Woman's Relief Corps Home at Evergreen, Santa Clara County.

This was § 7 of the original act. It was renumbered as § 9 by the amendment of 1911.

§ 10. Repeal of conflicting act. All acts and parts of act in conflict with the provisions of this act are hereby repealed.

This was 8 of the original act. It was renumbered as § 10 by the amendment of 1911.

License by board of charities and corrections on maternity hospitals, lying-in asylums and homes for children: See post, tit. "Licenses."

ACT 1331.

An act providing for the supervision and control by the state board of charities and corrections of the placing of dependent children into homes and for the supervision of all societies or organizations engaged in such work and known as children's home finding societies. [Approved April 24, 1911. Stats. 1911, p. 1087.] Unlawful to place dependent children in homes without permit. Board of charities may investigate societies.

§ 1.

§ 2.

§ 3.

Permit may be withdrawn.

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