ACT 2483. Providing a permanent site for the California Home for the Care and Training of Feeble-minded Children. [Stats. 1889, p. 69.] This act appropriated $170,000 for the purpose indicated and authorized the governor to appoint two citizens to act with the board of trustees to select a site. This act is not obnoxious to § 34 of article IV of the constitution, inasmuch as it makes but a single appropriation for a single purpose: People v. Dunn, 80 Cal. 211, 13 Am. St. Rep. 118, 22 Pac. 140. ACT 2484. To authorize and direct the sale of the site and buildings of the California Home for the Care and Training of Feeble-minded Children, in Santa Clara County. [Approved March 19, 1891. Stats. 1891, p. 133.] This act authorized the sale of the site and buildings in Santa Clara county upon the removal of the inmates to the new site at Glen Ellen, in Sonoma county. ACT 2485. Granting to the board of supervisors of Sonoma County, California, right of way through the lands of the California Home for the Care and Training of Feeble-minded Children, to enable said board of supervisors to change the location of the public highway now traversing said lands. [Approved March 23, 1893. Stats. 1893, p. 277.] ACT 2486. To authorize, empower, and direct the California Home for the Care and Training of Feeble-minded Children, to admit idiots, epileptics and mentally enfeebled paralytics into said institution; to provide for the support of all inmates therein, and to repeal all acts or parts of acts in conflict with the provisions of this act. [Approved March 31, 1897. Stats. 1897, p. 251.] See note to Act 2482, ante. ACT 2487. To authorize and empower the trustees of the "California Home for Care and Training of Feeble-minded" to transfer and quitclaim certain real property to the trustees of the town of Santa Clara. [Approved March 20, 1903. Stats. 1903, p. 319.] ACT 2488. An act to authorize and enable the board of managers of the California Home for the Care and Training of Feeble-minded Children to convey certain real property. [Approved March 21, 1907. Stats. 1907, p. 781.] TITLE 192. ACT 2498. To regulate fees and salaries of certain officers. [Stats. 1869-70, p. 148.] Amended 1. 1869-70, pp. 677, 680. 2. 1871-72, pp. 140, 178, 188, 219, 910. 3. 1873-74, pp. 102, 204, 212, 885. 4. 1877-78, pp. 134, 738. 5. 1917, p. 788. "Repealed, as to the salaries and fees therein named, by the various County Government Acts, commencing with 1883, p. 299, and ending with 1897, p. 452. Repealed by fee bill of 1895, p. 267, as to the officers therein named; also repealed as to sundry counties by special acts relating to them. (Swinnerton v. Monterey Co., 76 Cal. 115; Sacramento Co. v. Colgan, 114 Cal. 246; County of Yolo v. Colgan, 132 Cal. 265.)"-Code Commissioner's Note. This act was amended in 1871-72, p. 188, in relation to jurors' fees. It was held, in Carpenter v. Jones, 121 Cal. 362, that this act was not repealed by the codes, and had not been repealed by any subsequent act conflicting therewith, and that a court may refuse to try a civil case under that act until the jury fees are paid as therein provided for. Although the code commissioners were of the opinion that this act was repealed, the legislature amended it in 1917 (Stats. 1917, p. 788). The Political Code provides that the amendment of a section of a repealed act is void: See Pol. Code, § 330. The amendment follows: § 28. Fees of grand and trial jurors. Grand and trial jurors shall receive the fees as established by law. No juror who shall be excused from attendance upon his own motion, on the first day of his appearance, in obedience to the venire, shall receive per diem, but mileage only. In civil actions tried by a jury the party or parties to the action who shall announce that a trial by jury is required shall pay the trial jury their per diem fees as jurors but shall recover the fees so paid, except in actions to recover the possession of personal property where the value of the property recovered amounts to less than three hundred dollars and in actions for the recovery of money or damages where the recovery is less than three hundred dollars, as costs from the party or parties against whom the verdict is rendered. For that purpose the party or parties to the action who shall announce that a trial by jury is required shall be required during the trial to deposit daily with the clerk of the court, at or before the time the case each day is called for trial, the amount of money necessary to pay in full the trial jury fees, for such day. Out of the total sum of money so deposited the clerk shall pay daily to each trial juror the fees to which he shall be entitled as provided by law. Clerks of courts of record shall keep an account of all moneys received for trials by each juror during the term, and if the sum so received by such juror shall not amount to the jury fees provided by law per day, he shall deliver to such juror a certificate of the time for which he is entitled to receive pay, which shall be paid out of the county treasury as other county dues. If in any trial in a civil case the jury be for any cause discharged without finding a verdict, the fees of the jury shall be paid by the party who shall have announced that a trial by jury is required, but may be recovered as costs if he afterwards obtain judgment; and until they are paid no further proceedings shall be allowed in the action. On the first day of each regular meeting of the board of supervisors the clerks of courts of record shall file with the clerk of the board of supervisors of their respective counties a detailed statement, containing a list of the jurors, and the amount of fees earned by each juror and paid out of the county treasury. No allowances shall be made to any clerk for any service performed by him, until the statement required by this section shall have been filed as aforesaid. The amendatory act of 1917 contained the following provision: § 2. All acts and parts of acts in conflict with this act are hereby repealed. [Amendment approved May 21, 1917; Stats. 1917, p. 788.] The amendment of 1877-78, p. 134, of the above act is entirely in line with § 977 of the Code of Civil Procedure and there is no repeal of the statute by implication: Webster v. Hanna, 102 Cal. 177, 178, 36 Pac. 421. ACT 2499. An act concerning the costs in civil actions for serving summonses and subpoenas. [Approved March 10, 1891; Stats. 1891, p. 56.] § 1. Fees for serving writ. § 1. Fees for serving writ. In all civil actions, when a summons or subpoena is served by a person other than the sheriff, the person so serving shall be allowed by the court issuing the process such sum as the court may think proper, not exceeding the amount allowed sheriffs by law. § 2. In effect when. This act shall take effect from and after its passage. Act concerning costs in actions of libel and slander: See post, tit. "Libel." ACT 2500. To provide and regulate the manner of receiving and paying fees, commissions, percentages, and other compensation for official services in cities and cities and counties having a population of over one hundred thousand inhabitants, and prescribing the duties of officers with reference thereto. [Approved March 11, 1893. Stats. 1893, p. 127.] Amended 1895, p. 164. Unconstitutional: Rauer v. Williams, 118 Cal. 401. ACT 2501. Relating to pension matters and claims against counties. [Stats. 1897, p. 55.] See § 4302 of Political Code. This act provided there should be no fees in these proceedings. ACT 2502. To establish the fees of county, township and other officers, and of jurors and witnesses in this state. [Approved March 28, 1895. Stats. 1895, p. 267.] "Unconstitutional as to the requirement of a deposit on the appraised valuation of estates (Fatjo v. Pfister, 117 Cal. 83); also in so far as it provides that justices shall retain fees for their own use (Reid v. Grozinger, 115 Cal. 551); also as to the amount of justices' fees generally (Dwyer v. Parker, 115 Cal. 544; See Conley v. Calaveras Co., 121 Cal. 482); also as to constables in counties of the thirty-fourth class (Kiernan v. Swan, 131 Cal. 410)."-Code Commissioner's Note. This act was superseded by §§ 4300, 4300a-4300k, 4301, Political Code. Constitutionality of this act: See Dwyer v. Parker, 115 Cal. 544, 47 Pac. 372; Wingerter v. San Francisco, 134 Cal. 547, 86 Am. St. Rep. 294, 66 Pac. 730; Reid v. Groezinger, 115 Cal. 551, 47 Pac. 374. АСТ 2503. An act for the payment of the fees due to trial jurors, who have served as such in the superior court of any county or city and county of this state, under the act of 1895. [Approved March 23, 1901. Stats. 1901, p. 684.] Unconstitutional: Powell v. Phelan, 138 Cal. 271, 71 Pac. 335. ACT 2504. An act forbidding the payment of municipal officers out of the funds of the county. [Approved March 8, 1905. Stats. 1905, p. 88.] § 1. Fees of officers not a charge against county. § 1. Fees of officers not a charge against county. In no case shall the fees of a city justice of the peace, town or city recorder or city or town marshal, for services in any criminal action, be a charge against the county. This act is a violation of § 31 of article IV of the constitution: Powell v. Phelan, 138 Cal. 271, 71 Pac. 335. TITLE 193. ACT 2514. An act to incorporate the town of Felton in the county of Santa Cruz, state of California. [Approved March 8, 1878. Stats. 1877-78, p. 185.] Repealed by act approved April 20, 1917; Stats. 1917, p. 151. ACT 2524. TITLE 194. Concerning lawful fences. [Stats. 1850, p. 131.] "Repealed as to many counties by the statute of 1855, p. 154, from which however, Amador, Butte, Calaveras, Colusa, Klamath, Nevada, Placer, San Bernardino, San Diego, Santa Barbara, Shasta, Siskiyou, Trinity, Tuolumne, and Yuba counties were omitted. The statute of 1855 was afterwards amended to include Butte, Calaveras, and Nevada. Special acts were passed relating to other counties, but the statute of 1850 has apparently not been repealed as to Amador, Klamath, San Diego, Santa Barbara, Siskiyou, and Trinity counties."-Code Commissioner's Note. ACT 2525. Concerning lawful fences. [Stats. 1855, p. 154.] Amended 1858, p. 123; 1861, pp. 510, 513; 1863-64, p. 465. Supplemented 1860, p. 141. This act excepted from its operation the counties of Butte, Amador, Tuolumne, Calaveras, San Diego, Nevada, San Bernardino, Colusa, Placer, Santa Barbara, Yuba, Trinity, Shasta, Klamath, and Siskiyou. This act and the supplementary act of 1860, p. 141, were continued in force by the Political Code, § 19, and consequently the counties to which they apply are not subject to the provisions of § 841 of the Civil (Meade v. Watson, 67 Cal. 591. See, also, Gonzales v. Wasson, 51 Cal. 295.) Code. ACT 2526. Lawful fences, supplementing statute concerning. [Stats. 1860, p. 141.] ACT 2527. Concerning lawful fences in San Bernardino, Colusa, Shasta, Tehama, and Placer Counties. [Stats. 1859, p. 279.] Extended to Yuba County, 1863, p. 357. This latter act repealed, Stats. 1871-72, p. 700. ACT 2528. Division fences, construction of. [Stats. 1875–76, p. 175.] Amended 1877-78, p. 765. Repealed, as to San Mateo County, 1877-78, p. 1019. This act applied to the counties of Sacramento, Solano, Sutter, Yuba, Butte, Contra Costa, San Joaquin (parts of), Amador, San Luis Obispo, Santa Barbara, Ventura, Tulare, El Dorado, Tuolumne, San Mateo, and Nevada. ACT 2529. Regulating the height of division and partition fences in cities. [Stats. 1885, p. 45.] Fences wholly on the land of their owner excluded therefrom: Western etc. Co. v. Knickerbocker, 103 Cal. 111. ACT 2530. To prevent persons from passing through inclosures and leaving them open, and tearing down fences to make passage through inclosures. See 7, 1875–76, p. 408; amended 1877-78, pp. 49, 776. See next act. post, Act 3568, note. Codified by § 602 of Penal Code, subd. 8: See note to § 602, Penal Code. ACT 2531. To prevent the leaving open of inclosures and hunting on inclosed lands. ACT [Stats. 1875-76, p. 408.] Amended 1877-78, pp. 49, 776. Many 2.532. sections codified: See post, Acts 3524 and 3568, and notes. An act in relation to fences and other structures erected to annoy, and for the abatement of nuisances. [Approved May 28, 1913. Stats. 1913, p. 342.] Fence exceeding ten feet in height a nuisance. § 1. other Fence exceeding ten feet in height a nuisance. Any fence or structure in the nature of a fence, unnecessarily exceeding ten |