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amount to which each juror is entitled, and the treasurer shall pay the same.

SEC. 2. This act shall take effect and be in force, from and after its passage.

Subse

quent marriage,

when illegal and void.

CHAPTER CLVIII.

An act to amend an act entitled "An act to establish a Civil
Code," relating to granting of divorces.

[Approved March 16, 1903.]

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

SECTION 1. Section sixty-one of the Civil Code is hereby amended so as to read as follows:

61. A subsequent marriage contracted by any person during the life of a former husband or wife of such person, with any person other than such former husband or wife, is illegal and void from the beginning, unless:

1. The former marriage has been annulled or dissolved. In no case can a marriage of either of the parties during the life of the other, be valid in this state, if contracted within one year after the entry of an interlocutory decree in a proceeding for divorce.

2. Unless such former husband or wife is absent, and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or is generally reputed or believed by such person to be dead at the time such subsequent marriage was contracted. In either of which cases the subsequent marriage is valid until its nullity is adjudged by a competent tribunal.

SEC. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 3. This act shall take effect and be in force immediately upon its passage.

CHAPTER CLIX.

An act making an appropriation to pay the deficiency in the appropriation for care of state armory, cleaning and transportation of arms, traveling and contingent expenses of the adjutant-general, for the fifty-third fiscal year.

[Approved March 18, 1903.]

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

tion to pay

SECTION 1. The sum of twelve hundred dollars is hereby Appropriaappropriated out of any money in the state treasury not other- deficiency wise appropriated, to pay the deficiency in the appropriation for care of for care of state armory, cleaning and transportation of arms, armory. traveling and contingent expenses of the adjutant-general, for the fifty-third fiscal year.

SEC. 2. The controller is hereby directed to draw his warrant for the amount herein made payable, upon proper demands audited by the state board of examiners, and the treasurer is directed to pay the same.

SEC. 3. This act shall take effect immediately.

CHAPTER CLX.

An act to amend section 328 of the Code of Civil Procedure of California, relating to the time of commencing actions for the recovery of real property.

[Approved March 18, 1903.]

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

SECTION 1. Section three hundred and twenty-eight of the Code of Civil Procedure of California is hereby amended to read as follows:

disabilities

to com

328. If a person entitled to commence an action for the certain recovery of real property, or for the recovery of the possession excluded thereof, or to make any entry or defense founded on the title from time to real property, or to rents or services out of the same, is, at mence the time such title first descends or accrues, either : 1. Under the age of majority; 2. Insane;

3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than life;

The time, not exceeding twenty years, during which such disability continues is not deemed any portion of the time in this chapter limited for the commencement of such action, or

action.

the making of such entry or defense, but such action may be commenced, or entry or defense made, within the period of five years after such disability shall cease, or after the death of the person entitled, who shall die under such disability; but such action shall not be commenced, or entry or defense made, after that period.

SEC. 2. This act shall take effect immediately.

Supreme

point five

commis

sioners.

Term.

CHAPTER CLXI.

An act to provide for the appointment by the supreme court of five commissioners, to be known as commissioners of the supreme court, to appoint a secretary, and a stenographer, and to appropriate money therefor.

[Approved March 18, 1903.]

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

SECTION 1. The supreme court of the State of California court top shall, immediately upon the expiration of the term of office of the present supreme court commissioners, appoint five persons of legal learning and personal worth as commissioners of said court. It shall be the duty of said commissioners, under such rules and regulations as said court may adopt, to assist in the performance of its duties, and in the disposition of the numerous causes pending in said court undetermined. The said commissioners shall hold office for the term of two years from and after their appointment, during which time they shall not engage in the practice of the law. They shall each receive a salary equal to the salary of a judge of said court, payable at the same time and in the same manner. Before entering upon the discharge of their duties, they shall each take an oath to support the Constitution of the United States and the Constitution of the State of California, and to faithfully discharge the duties of the office of commissioner of the supreme court to the best of their ability. The said court shall have power to remove any and all members of said commission at any time, by an order entered on the minutes of said court, and all vacancies in said commission shall be filled in like manner.

Salary.

Oath.

Secretary.

Salary.

Stenographer.

SEC. 2. Upon the appointment of said commissioners, as in this act provided, said court is hereby authorized to appoint a secretary for such commission, who shall hold office during the pleasure of the court, not to exceed the term of said commission, and who shall have a salary of $200 per month payable at the same time and in the same manner as said commission.

SEC. 3. The supreme court shall appoint a stenographer for the commission who shall have a salary of one hundred ($100) dollars per month, payable monthly, and who shall hold

said office during the pleasure of the supreme court, but not to exceed the term of office of said commissioners. Such appointment shall be entered upon the minutes of the court.

tiou.

SEC. 4. The sum of sixty-eight thousand dollars is hereby Appropriaappropriated out of any money that is, or may be, in the state treasury not otherwise appropriated, for the purpose of paying the salary of said commission and secretary and stenographer for the remainder of the fifty-fourth fiscal year and for the fifty-fifth and fifty-sixth fiscal years; and the controller is hereby authorized to draw monthly warrants upon the state treasury in favor of said commissioners in the sum of five hundred dollars for each of said commissioners, and in the sum of two hundred dollars for said secretary and one hundred dollars for said stenographer.

SEC. 5. This act shall take effect from and after its passage.

CHAPTER CLXII.

An act to amend section one hundred and fifty-nine of an act entitled "An act to establish a uniform system of county and township governments," approved April first, eighteen hundred and ninety-seven, relating to county and township officers of counties of the second class, and providing for the appointment of assistants, deputies, clerks and employés of such officers, and for the compensation of such officers, their assistants, deputies, clerks and employés.

[Approved March 18, 1903.]

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

SECTION 1. Section one hundred and fifty-nine of an act entitled "An act to establish a uniform system of county and township governments," approved April first, eighteen hundred and ninety-seven, is hereby amended to read as follows:

second

Section 159. In counties of the second class the county and Counties of township officers shall receive, as compensation for the services class. required of them by law, the following salaries, to wit:

clerk.

1. The county clerk, three thousand six hundred dollars per County annum; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk the following clerks and deputies, who shall be appointed by the county clerk, and shall be paid salaries as follows: One chief deputy, at a salary of one hundred and thirty-five dollars per month; two registry clerks, at a salary of one hundred and twentyfive dollars each per month; one clerk of the board of supervisors, at a salary of one hundred and twenty-five dollars per month, and six court-room clerks, at a salary of one hundred and fifteen dollars each per month; one recording clerk, one file

Counties of clerk, one index clerk, one clerk in charge of criminal records;

second

class.

Sheriff.

Recorder.

two miscellaneous clerks and one assistant clerk of the board of supervisors, at a salary of one hundred dollars each per month; four clerks at a salary of ninety dollars each per month; one deputy, at a salary of twenty-five dollars per month; six clerks, at a salary of seventy dollars each per month, for not exceeding one month for any one year. The salaries of the deputies and clerks herein provided for shall be paid by said county in monthly installments, at the same time, and in the same manner, and out of the same fund as the salary of the county clerk is paid.

2. The sheriff, four thousand dollars per annum; provided, that in the counties of this class there shall be and there is hereby allowed to the sheriff an undersheriff and the following deputies and stenographers, who shall be appointed by the sheriff of said county, and shall be paid salaries as follows: One undersheriff, at a salary of one hundred and thirty-five dollars per month; one bookkeeper, at a salary of one hundred and twenty-five dollars per month; ten deputies, at a salary of one hundred dollars each per month; six court deputies, at a salary of ninety dollars each per month; four jail deputies, at a salary of seventy dollars each per month; and one deputy, at a salary of eighty dollars per month; one jail matron, at a salary of fifty dollars per month; one stenographer, at a salary of seventy-five dollars per month. The salaries of the undersheriff, and all deputies and stenographers herein provided for, shall be paid by said county in monthly installments, at the same time, and in the manner, and out of the same fund that the salary of the sheriff is paid. The sheriff shall also receive the amount of money necessarily expended by him in serving all processes and notices, and the same shall be charged against the county, and allowed as such by the board of supervisors, and paid as other county charges are paid. In case of sale of property on foreclosure of mortgage or on execution, the sheriff shall be entitled to receive all necessary expenses of keeping the property and of advertising the sale.

3. The recorder, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed the recorder the following deputies and copyists, who shall be appointed by the recorder of said county and shall be paid salaries as follows: One chief deputy, at a salary of one hundred and thirty-five dollars per month; two deputies at a salary of one hundred dollars each per month; four deputies, at a salary of ninety dollars each per month; six deputies, at a salary of eighty dollars each per month; two deputies, at a salary of eighty dollars each per month, not to exceed six months in any one year; and as many copyists as may be required, who shall receive as compensation for their services the sum of seven cents per folio for recording any instrument and notice, except maps or plats; for copies of any record or paper, seven cents per folio. The salaries and compensation of all deputies and copyists, herein provided for, shall be paid by said county in monthly installments, at the

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