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STATUTES OF CALIFORNIA

PASSED AT THE

THIRTY-FIFTH SESSION OF THE LEGISLATURE.

CHAPTER I.

An act transferring money from the general fund to the state printing fund, to defray the expenses of legislative printing for the thirty-fifth session of the legislature, and directing the state controller and state treasurer to make such transfer.

[Approved January 23, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

tion for

SECTION 1. The sum of fifty thousand dollars ($50,000) is Appropriahereby transferred from the general fund to the state printing printing, fund, to defray the printing expenses of the thirty-fifth session thirty-fifth of the legislature.

SEC. 2. The state controller and state treasurer are hereby directed to make said transfer in conformity with section one of this act.

SEC. 3. This act shall take effect from and after its passage.

session.

CHAPTER II.

An act making an appropriation for the contingent expenses of the senate for the thirty-fifth session of the legislature.

[Approved January 26, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

contingent

of senate,

SECTION 1. The sum of thirty thousand dollars is hereby Appropriaappropriated out of any money in the state treasury not other- tion for wise appropriated, for contingent expenses of the senate for the expenses thirty-fifth session of the legislature; and the controller of the thirty-fifth state is authorized to draw his warrants for the same, and the treasurer of the state is directed to pay the same. SEC. 2. This act shall take effect immediately.

session.

Appropriation for

CHAPTER III.

An act making an appropriation to pay the contingent expenses of the assembly, thirty-fifth session.

[Approved January 30, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. The sum of twenty thousand dollars is hereby contingent appropriated out of any money in the state treasury not otherexpenses wise appropriated, to pay the contingent expenses of the bly, thirty- assembly, thirty-fifth session.

of assem

fifth ses

sion.

SEC. 2. This act shall take effect immediately.

Close season for quail, duck, etc.

Doves.

CHAPTER IV.

An act to amend Sections 626, 626a, 626f and 626h, of the Penal Code of the State of California, all relating to the protection and preservation of game.

[Approved February 2, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1.

Section 626 of the Penal Code of the State of California is amended to read as follows:

626. Every person who between the fifteenth day of February and the fifteenth day of October of any year, hunts, pursues, takes, kills or destroys, or has in his possession, whether taken or killed in the State of California, or shipped into the state from any other state, territory or foreign country, any valley quail, or partridge, or any kind of wild duck, or any rail, or any curlew, ibis or plover; or who between the fifteenth day of February and the first day of September of any year, hunts, pursues, takes, kills or destroys, or has in his possession, whether taken or killed in the State of California, or shipped into the state from any other state, territory or foreign country, any mountain quail, grouse, or sage-hen is guilty of a misde

meanor.

SEC. 2. Section 626a (section six hundred and twenty-six a) of the Penal Code of the State of California is hereby amended to read as follows:

626a. Every person who, between the fifteenth day of February and the first day of July of the same year, hunts, pursues, takes, kills or destroys, or has in his possession, any dove, is guilty of a misdemeanor.

SEC. 3. Section six hundred and twenty-six f, of the Penal Code of the State of California is hereby amended to read as follows:

626f. Every person who between the first day of Novem- Male deer. ber and the fifteenth day of July of the following year, hunts, pursues, takes, kills or destroys, or has in his possession, whether taken or killed in the State of California, or shipped into the state from any other state, territory, or foreign country, any male deer, or any deer meat, is guilty of a misdemeanor.

SEC. 4. Section six hundred and twenty-six h of the Penal Code of the State of California is hereby amended to read as follows:

session of

626h. Every person who buys, sells, offers or exposes Sale or posfor sale, barter or trade, the hide, pelt or skin of any deer, or deer pelts. who transports, carries, or has in his possession, the skin, pelt or hide of any female deer, or spotted fawn, or any deer hide or pelt from which the evidence of sex has been removed, is guilty of a misdemeanor; provided, however, that the provisions of this section shall not apply to the skin, pelt or hide of any deer killed or taken in a foreign country.

SEC. 5. All acts and parts of acts in conflict with this act are hereby repealed.

SEC. 6. This act shall take effect immediately.

CHAPTER V.

An act to provide for the dissolution of irrigation districts, the ascertainment and discharge of their indebtedness, and the distribution of their property.

[Approved February 10, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

districts may be dis

SECTION 1. Any irrigation district organized under the pro- Irrigation visions of an act entitled, "An act to provide for the organization and government of irrigation districts, and to provide for solved. the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March seven, eighteen hundred and eighty-seven, and all acts supplementary thereto, or amendatory thereof, including an act entitled, "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition or construction thereby of works for the irrigation of lands embraced within such districts, and, also, to provide for the distribution of water for irrigation purposes," approved March thirty-one, eighteen hundred and ninety-seven, may be dissolved in the manner hereinafter provided.

Manner of dissolution.

Petitionwhat to contain.

Special election.

Notice of election.

Ballots.

Validity of proceedings, how

determined.

SEC. 2. A majority in number of the holders of title, or evidence of title, to real property in any irrigation district, and a majority in value of said property according to the equalized assessment roll of said district for the year last preceding upon which any assessment has been made, may propose the dissolution of said district by a petition signed by such majority, which petition shall set forth the amount of the outstanding bonds, coupons, and other indebtedness, if such there be, together with a general description of the same, and the holders, so far as known, showing the amount of each description of indebtedness and the ownership, so far as known, of the same. Also the estimated cost of the dissolution of said district. Said petition shall also state the assets of said district, including irrigation system, if any, dams, reservoirs, canals, franchises, water rights, a detailed statement of all the lands sold to the district for assessments, and the amount of the assessments on each parcel of land sold, also all assessments unpaid, and the amount upon each lot or tract of land, and all other assets of the district; and in case any proposition has been made by the holders of said. indebtedness to settle the same, said proposition, together with any plan proposed to carry the same into execution, shall be included in said petition.

SEC. 3. Upon the filing of said petition with the board of directors of said district said board shall call a special election, at which shall be submitted to the electors of such district the question whether or not said district shall be dissolved, its indebtedness liquidated, and its assets distributed in accordance with the plan so proposed, or in case no plan has been proposed, then in accordance with a plan which shall be proposed by said board of directors in the notice of the election, but no such election shall be called until the assent of all the known holders of valid indebtedness against the district shall be obtained or provision shall be made in said plan for the payment of such non-assenting holders. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some newspaper published in the county where the office of the board of directors is required to be kept, once a week for at least three successive weeks before such election. Such notices must specify the time of holding the election, the fact that it is proposed to dissolve the district, and a brief summary of the plan proposed for liquidating its indebtedness and disposing of its assets. Said election shall be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions governing the election of officers in irrigation districts. At such election the ballot shall contain the words "Dissolution of the district-yes," or "Dissolution of the district-no," or words equivalent thereto.

SEC. 4. In case upon such canvass it is found and declared by said board of directors that two thirds of the votes cast at. such election shall be cast in favor of "Dissolution of the district-yes," then the said board of directors shall file a petition

in the superior court of the county wherein is located the office of such board to determine the validity of the proceedings had and of the proposed plan for the dissolution of said district. Such action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication of a notice of the pendency of the proceeding for at least once a week for three weeks in some paper of general circulation published in the county where the action is pending; provided, that if the property of the district is situate in more than one county then the publication shall be made in one paper in each county wherein the same is situate, such papers or papers to be designated by the court having jurisdiction of the proceeding; jurisdiction shall be complete in thirty days after the completion of such notice in the manner herein provided. Any one interested may at any time before the expiration of said thirty days appear and contest the validity of the proceedings already had and of the plan proposed for the dissolution of said district, or any portion thereof, including the validity of any portion of the indebtedness set out in said petition, and the court may determine the validity of any sales for assessments, and may determine the amount of any assessment or assessments due upon the various parcels and lots of real estate within said district, and may determine the amount of any assessment or assessments theretofore paid upon the various parcels and lots of real estate therein, and may in said proceeding adjust and determine the rights and liabilities of all parties. Such action shall be speedily tried and judgment rendered. Either party shall have the right to appeal at Right of any time within thirty days after the entering of such judgment, and the appeal must be heard and determined within three months after the taking of such appeal.

appeal.

superior

SEC. 5. Said petition to the superior court shall set forth Facts rethe facts required to be set forth in the petition to the board of query directors and all the proceedings therein, and at the hearing the court. court shall hear and determine the regularity, legality, and correctness of all proceedings, and in doing so shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties. The rules of pleading and practice in the Code of Civil Procedure not inconsistent with the provisions of this act are made applicable to the proceeding herein provided. The costs of any contest may be allowed and costs of proportioned between the parties or taxed to the losing party contests. in the discretion of the court, and no contest of any matter or thing herein provided for shall be made other than in the time and manner herein specified.

ment

action.

SEC. 6. If no such proceeding shall have been filed by the Assessboard of directors within thirty days after the canvass of said payer may vote, then any district assessment-payer may bring an action bring in the superior court of the county wherein the office of the board of directors is located. The board of directors shall be made parties defendant and notice shall be served on the members of the board personally, if they can be found in the state, if not, then service by publication as provided in section four,

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