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ACT 2382.

An act to provide for the payment of awards of court, or judgments, rendered in conformity with the provisions of section 1272 of the Code of Civil Procedure, and making an appropriation therefor.

[Approved May 17, 1915. Stats. 1915, p. 470.]

§ 1. Appropriation for estates of deceased persons fund to pay claims to escheated estates.

§ 2. Controller's warrant.

§ 3. Unexpended balance reverts to estates of deceased persons fund.

§ 1. Appropriation for estates of deceased persons fund to pay claims to escheated estates. From the moneys in the state treasury to the credit of the estates of deceased persons fund there is hereby appropriated the sum of $15,000, to be used exclusively for the purpose of paying to the persons entitled thereto the amounts to them, respectively, awarded by any final order, award, or judgment, made, given or rendered by the court having jurisdiction of any proceeding, or action, instituted in conformity with the provisions of section 1272 of the Code of Civil Procedure.

§ 2. Controller's warrant. When any such order, award, or judg ment has become final, a certified copy thereof shall be filed in the office of the state controller, who shall thereupon draw his warrant upon the said estates of deceased persons fund in favor of the person, or persons, entitled thereto, for the sum awarded to each, respectively, and the state treasurer shall pay the same; provided, however, that the aggregate sum of all warrants so drawn and paid shall not exceed the amount by this act appropriated.

§ 3. Unexpended balance reverts to estates of deceased persons fund. Any balance of said appropriation remaining unexpended on the first day of September, A. D. 1917, shall, without further action, revert to and become a part of said estates of deceased persons fund.

АСТ 2392.

TITLE 184.

ESTATES OF DECEASED PERSONS.

Estates of deceased persons, collection of savings bank deposits by next [Stats. 1873-74, p. 132.]

of kin.

Amended in every section, 1895, p. 32.

Codified by § 1454 of Code of Civil Procedure: See Code of Civil Procedure, § 1454, note.

Collection of deposit under one thousand dollars by next of kin: See Code Civ. Proc., § 1454.

ACT 2393.

Estates of deceased persons, regulating settlement of, supplementing act of May 1, 1851. [Stats. 1871-72, p. 696.] Superseded by Code of Civil Procedure, § 1632.

ACT 2394.

To provide for the summary sale of mines or mining interests belonging to estates of deceased persons. [Stats. 1865-66, p. 359.] Superseded by Code of Civil Procedure, §§ 1529-1533.

ACT 2395.

An act to provide for the investment of the moneys in the estates of deceased persons fund and also to provide for payment of interest received into the state school fund.

§ 1.

§ 2.

[Approved February 22, 1909. Stats. 1909, p. 37.]

Investment of funds. Restrictions.

Bonds. Interest on. How apportioned.

§3. Fund, minimum sum in.

§ 4. In effect.

§ 1. Investment of funds. Restrictions. Whenever and as often as there is in the state treasury to the credit of the estates of deceased persons fund (in excess of the retention hereinafter provided for) the sum of ten thousand dollars or more, the state board of examiners must invest the same in the bonds of this state, or in the bonds of the United States, or in the bonds of the several counties, city and county, cities or towns, or school districts of this state; the investments to be made in such manner and on such terms as the board shall deem best for the fund; provided, that no investment shall be made which with the amounts previously invested shall reduce the unin. vested portion of the fund below the amount of ten thousand dollars.

§ 2. Bonds-Interest on. How apportioned. Bonds purchased by the state board of examiners under the provisions of this act must be delivered to the state treasurer, who shall keep them as a portion of said estates of deceased persons fund, and the interest upon such bonds shall be paid into the state school fund and apportioned like other moneys employed for the support of common schools.

§ 3. Fund, minimum sum in. It is the intent of this act that there shall at all times be retained in said estates of deceased persons fund, in the form of cash available for meeting the demands of persons holding legal claims against such fund, the sum of at least ten thousand dollars, and whenever by reason of payments made out of the fund the amount of cash therein shall be reduced below the specified amount of ten thousand dollars, it shall be the duty of the state board of examiners to sell such bonds belonging to said fund as they may deem proper, for the purpose of making good the cash retention of ten thousand dollars.

§ 4. In effect. This act shall take effect from and after its passage.

ACT 2405.

TITLE 185.
ETNA.

Town of, incorporating. [Stats. 1877-78, p. 261.]

See tit. "Rough and Ready," post.

ACT 2415.

TITLE 186.
EUREKA.

To incorporate. [Stats. 1859, p. 192.]

Amended 1862, p. 55; 1863–64, p. 165; 1871–72, p. 186; 1873–74, p. 91.
Supplemented 1875-76, p. 333. Amended 1875-76, p. 334.
Superseded by the charter of Eureka, Stats. 1895, pp. 356-405. See

next act.

ACT 2416.

Incorporation of.

[Stats. 1873-74, p. 91.]

Supplemented 1875-76, p. 333. Amended 1875-76, p. 334. Repealed by charter of Eureka 1895, p. 356. See post, Act 2417.

ACT 2417.

Charter of Eureka. [Stats. 1895, p. 356.]

Amended 1907, p. 1172; 1911, p. 2036; 1913, p. 1544; 1917, p. 1742; 1923, p. 1616.

ACT 2418.

To legalize the survey of Clark's addition to. [Stats. 1869–70, p. 395.]

ACT 2419.

To cede property to Eureka. [Stats. 1857, p. 76.]
This act ceded to Eureka the entire waterfront of the town.

ACT 2420.

An act granting to the city of Eureka tide and submerged lands of the state of California, including the right to wharf out therefrom to the city of Eureka, and regulating the management, use and control thereof. [Approved May 21, 1915. Stats. 1915, p. 724.]

ACT 2421.

Common council of to sit as a board of equalization. [Stats. 1877-78, p. 184.]

Superseded by charter of Eureka, 1895, p. 356. See ante, Act 2417. ACT 2422.

To establish a police court in. [Stats. 1895, p. 90.]
Superseded by charter, 1895, p. 376. See ante, Act 2417.

TITLE 187.

EXPLOSIVES.

ACT 2432.

An act relating to explosives and prescribing regulations for the transportation, storage and selling of explosives, and providing penalties for the violation of this act.

[Became a law under constitutional provision without governor's approval, March 21, 1911. Stats. 1911, p. 391.]

Amended 1. 1917, p. 695. 2. 1919, p. 148.

§ 1. Definitions.

§ 2. Inclosure and storage.

§ 3. Magazine.

§ 4. Penalty for violating.

§ 5. Transporting.

§ 6. Regulations of railroad commission.

[blocks in formation]

Penalty for violating.

§ 10.

Record of sales. Statement from purchaser. Not applicable to carrier. Penalty.

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§ 1. Definitions. The term "explosive" or "explosives" whenever used in this act shall include gunpowder, blasting powder, dynamite, guncotton, nitro-glycerine or any compound thereof, fulminate, and every explosive substance having an explosive power equal to or greater than black blasting powder, and any substance intended to be used by exploding or igniting the same to produce a force to propel missiles, or rend apart substances, but does not include said substances, or any of them, in the form of fixed ammunition for small arms. The term "person" whenever used herein shall be held to include corporations as well as natural persons; words used in the singular number to include the plural and the plural the singular. The words "explosive manufacturing plant" shall be understood to include all the land used in connection with the manufacture and storage of explosives thereat.

§ 2. Inclosure and storage. Except only at an explosive manufacturing plant, no person shall have, keep or store, at any place within this state, any explosives, unless such explosives are completely inclosed and incased in tight metal, wooden or fiber containers, and, except while being transported, or within the custody of a common carrier pending delivery to consignee, shall be kept and stored in a magazine constructed and operated as hereinafter described, and no person having in his possession or control, any explosives, shall under any circumstances permit or allow any grains or particles thereof to be or remain on the outside or about the containers, in which such explosives are contained.

§ 3. Magazine. Magazines in which explosives may lawfully be stored or kept shall be two classes, as follows:

(a) First class. Magazines of the first class shall consist of those containing explosives exceeding one hundred pounds, and shall be constructed wholly of brick, wood covered with iron, or other fireproof material, and must be fireproof, and, except magazines where gunpowder or black blasting powder only is stored must be bullet proof, and shall have no openings except for ventilation and entrance. The doors of such magazines must be fireproof and bullet proof, and at all times kept closed and locked, except when necessarily opened for the purpose of storing or removing explosives therein or therefrom, by persons lawfully entitled to enter the same. Every such magazine shall have sufficient openings for ventilation thereof, which must be screened in such manner as to prevent the entrance of sparks or fire through the same. Upon each side of such magazine there shall at all times be kept conspicuously posted a sign, with the words, "magazine," "explosives," "dangerous," legibly printed thereon in letters not less than six inches high. No matches, fire or lighting device of any kind except electric light shall at any time be permitted in any such magazines. No package of explosives shall at any time be opened in any magazine. No blasting caps, or other detonating or fulminating caps, or detonators, or electric fuzees, shall be kept or stored in any magazine in which explosives are kept or stored, but such caps, detonators or fuzees may be kept or stored in a magazine constructed as above provided which must be located at least one hundred feet from any magazine in which explosives are kept or stored. Magazines in which explosives are kept or stored must be detached and must be located at least one hundred feet from any other structure.

(b) Quantity depends on distance from buildings, etc. On and after January 1, 1919, the quantity of explosives that may be lawfully had, kept or stored in any magazine shall depend upon the distance that such magazine is situated from buildings, highways, or railroads, and upon the protection afforded by natural or efficient artificial barricades to such buildings, highways or railroads. Whenever any of the quantities given in column one of the quantity and distance table hereinafter set forth is had, kept or stored in any magazine in this state, the distance that any quantity given in column one of said table may be lawfully had, kept or stored from buildings is the distance set opposite said quantity in column two of said table, and the distance that any quantity in column one of said table, may be lawfully had, kept or stored from railroads is the distance set opposite said quantity in column three of said table, and the distance that any quantity given in column one of said table may be lawfully had, kept or stored from highways is the distance set opposite said quantity in column four of said table. The quantity and distance table governing the keeping or storing of explosives is as follows:

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