part three, of the Code of Civil Procedure, and to pay therefor from the general road fund or the district road fund of the county.

5. Levy a property tax for road purposes.

6. Cause to be erected and maintained, at the intersections and crossings of highways, guide posts properly inscribed.

7. Cause the road tax collected each year to be apportioned to the several road districts entitled thereto, and kept by the county treasurer in separate funds.

8. Audit all claims on the funds set apart for highway purposes, and specify the fund, or funds, from which the whole or any part of any claim, or claims, must be paid.

9. In their discretion, they may provide for the establish- Gates. ment of gates on the public highways, in certain cases, to avoid the necessity of building road fences, and prescribe rules and regulations for closing the same, and penalties for violating said rules; provided, that the expense for the erection and maintenance of such gates shall in all cases be borne by the party or parties for whose immediate benefit the same shall be ordered.

10. For the purpose of sprinkling the roads in any part of Sprinkling the county with oil or water, the board of supervisors may erect and maintain waterworks and oil tanks and reservoirs, and for such purposes may purchase or lease real or personal property. The costs of such waterworks, oil tanks and reservoirs and the sprinkling of said roads with oil or water may be charged to the general county fund, the general road fund, or the district fund of the district or districts benefited.

paid for

eral fund.

Whenever it is determined by a two-thirds vote of the board New roads of supervisors of any county that the public convenience and may be necessity demands the acquisition or construction of a road in out of genexcess of three miles in length the cost of which will be too great to pay out of any of the road funds of the county the board of supervisors may by a resolution passed by a two-thirds vote of the board of supervisors determine to acquire or construct such road and thereafter may proceed to acquire or construct such road and if the cost of such road when constructed shall exceed five thousand dollars, such cost may be charged to the general county fund, the general road fund or the district fund of the district or districts benefited.

surveyor

of cost.

11. Whenever it shall be determined that any grading, County graveling, macadamizing, ditching, sprinkling, or other work to submit upon highways is necessary, and is to be done, and where the estimates estimated cost of such work amounts to three hundred dollars, the board of supervisors must, by proper order, direct the county surveyor to make definite surveys of the proposed work, and to prepare profiles and cross-sections thereof, and to submit the same with the estimate of the amount or amounts of work to be done, and cost thereof, and with specifications thereof. Said report shall be prepared in duplicate, one copy to be filed in the surveyor's office, and the other to be filed with Board the clerk of the board of supervisors. The board upon receipt of mustado such report must advertise for bids for the performance of the bids.

vertise for

Form of advertisement.

Notice must be posted.

Work may

road com

work specified. Such advertisement for bids must be published for two weeks in two newspapers, one published at the county seat and the other at a point nearest the proposed work. Such advertisement must be in the following form:

"Office of the clerk of the board of supervisors,

Sealed bids will be received by the clerk of the board of supervisors of

M.,

district, in

county, at his office, until

190, for

county.

on

o'clock in

"Specifications for this work are on file in the office of the said board, to which bidders are hereby referred.

And such advertisement must also be posted, for at least two weeks prior to the opening of the bids for the proposed work, in three conspicuous places in the district or districts in which the proposed work lies, and one at the site of the proposed work. Bids must be enclosed in a sealed envelope, addressed to the clerk of the board of supervisors, and must be indorsed, "Bids for -," and must be delivered to said clerk prior to the hour specified in the advertisement. The board shall publicly open and read such bids as may be submitted, and must award the contract for the work to the lowest bidder; unless it shall appear to the board that the bids are too high, and the work can be done more cheaply by day labor, in which case the bids must be rejected, and the work ordered done by the road be done by commissioner, or commissioners, in whose district or districts, missioner. the work may be situated. In case the work shall be let by contract, monthly or quarterly payments may be made thereon upon the receipt of a certified estimate by the county surveyor of the amount of work done during the preceding month or quarter, to the extent of seventy-five per cent of the value of said work, the remaining twenty-five per cent being due on the completion of the work. The services of the surveyor in making such partial estimates must be paid for by the contractor. Upon the completion of the work, the county surveyor must examine the same, and if completed in accordance with the specifications thereof, he must submit to the board of supervisors a certificate over his signature and official seal to the effect that such work by the contractor therefor has been completed in accordance with the specifications therefor, and recommending its acceptance. The board shall thereupon audit the same and direct its payment out of the proper fund, or funds.

Side paths.

12. In their discretion, they may set apart on any public road or highway a strip of land, not exceeding six feet in width, for a side path; and make an order designating the width of such path, and cause the lines separating the path from the road to be located and marked by stakes or posts, placed at such distances apart as they shall deem proper. After said

path has been set apart, and the lines separating the same from the road has been located and marked, as aforesaid, the use of the same is hereby restricted to pedestrians and riders of bicycles, and other vehicles propelled solely by the power of the rider. The expense of erecting and maintaining such path may be charged to the general county fund, the general road fund, and the district fund of the district or districts benefited. SEC. 2. This act shall take effect and be in force from and after its passage.

CHAPTER LXV.

An act to repeal an act entitled "An act creating a board of bank commissioners and prescribing their duties and powers," approved March 30, 1878, and as amended by an act approved March 10, 1887, and as amended by an act approved March 25, 1895, relating to the powers and duties of such bank commissioners.

[Approved March 2, 1903.]

The people of the State of California, represented in senate and

assembly, do enact as follows:

mission act

SECTION 1. An act entitled, "An act creating a board of Bank combank commissioners, and prescribing their duties and powers," repealed. approved March thirtieth, eighteen hundred and seventy-eight, and as amended by an act approved March tenth, eighteen hundred and eighty-seven, and as amended by an act approved March twenty-fifth, eighteen hundred and ninety-five, relating to the powers and duties of such bank commissioners, is hereby repealed.

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

CHAPTER LXVI.

An act to regulate the sales of perishable products on the wharves and other state property in the city and county of San Francisco by prohibiting such sales except by or in behalf of those holding permits from the board of state harbor commissioners and making such unlawful sales a misdemeanor, and prescribing the penalty therefor, and providing the conditions upon which such permits shall be issued.

[Approved March 2, 1903.]

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

Unlawful to sell perishable products

SECTION 1. It shall be unlawful for any person to sell, upon on state the public wharves or other property belonging to this state, in wharves the city and county of San Francisco, and within the jurisdic- permit.

without

Persons

not hold

must

remove

products.

tion of the board of state harbor commissioners, any fruit, vegetables, poultry, eggs, honey, game, or other produce commonly known, and hereinafter referred to as perishable products, unless such person or the person, firm or corporation, which he may duly represent, shall hold the permit hereinafter described authorizing such sales to be made. Any violation of this act shall be deemed a misdemeanor punishable by a fine of not less than twenty-five dollars or more than five hundred dollars.

SEC. 2. Perishable products consigned to persons, firms or ing permits corporations not holding the permit hereinafter described, and delivered by carrier upon any wharf on the San Francisco water front, must be removed from said wharf within twentyfour hours after their arrival, and the board of state harbor commissioners must levy and collect on such perishable products in addition to the regular state tolls, such additional wharfage as they may prescribe, but not less than the amount of the regular tolls, for each twenty-four hours or fraction thereof which such perishable products shall remain upon the wharf.

Conditions upon

which per mits shall

be issued.

Form of applica

tion.

SEC. 3. Upon application of any person, firm or corporation receiving or expecting to receive perishable products to be delivered by carrier upon any wharf on the San Francisco water front, the board of state harbor commissioners shall issue free of charge to such applicant, a permit authorizing him to sell such products when delivered on the wharves or state property, during the time such perishables are permitted to remain there, under the general regulations prescribed by the commission; provided, nevertheless that said permit shall not be issued until the applicant shall have signed the application which shall read as follows:

"I (or we),- expecting to receive consignments of perishable products to be delivered by carrier on the wharves or other property of the State of California in the city and county of San Francisco, and desiring to dispose of the same before removal, hereby make application for a permit to be valid for one year from the date of issue, to sell perishable products on said wharves or other state property. In consideration of the receipt of such permit, I (or we) promise to faithfully observe all the regulations which are or may be prescribed by the board of the state harbor commissioners in regard to such sales, and in particular I (or we) agree that I (or we) will not, during the life of such permit, be a party to any conspiracy, agreement or understanding whereby I (or we) shall refuse to sell any solvent purchaser or buy from any person whatever, and I (or we) agree that I (or we) will sell, impartially, and at the same prices, to all who desire to purchase for cash, without regard to their business or intended disposition of the products, and will exercise no discrimination whatever between buyers or sellers, by reason of their occupation, affiliations or non-affiliations. I (or we) also agree that in case of violation of this agreement, the board of state harbor commissioners may revoke the permit hereby applied for, whereupon I (or we) agree to

surrender the same, and I (or we) agree that the board of state harbor commissioners shall be the sole judges of the fact of such violation, I (or we) having had a hearing in the matter.

Date

SEC. 4. The permit herein provided for shall be in such Form of form as the board of state harbor commissioners may deter- permit. mine and shall be valid for one year from date of issue and no

longer.

of agree

SEC. 5. In case of violation of his agreement by the holder Violation of any permit the board of state harbor commissioners upon a ment; hearing after giving due notice to all parties concerned, and penalty. finding the fact of such violation shall revoke and cancel the permit, and shall not issue a new permit to the offending party, except upon a new execution of the agreement hereinbefore set forth and the payment of a fee of fifty dollars, and the right to receive a new permit shall rest in the discretion of said board of state harbor commissioners.

harbor

sioners.

SEC. 6. The board of state harbor commissioners and all its Duty of officials and employés are charged with the enforcement of commisthis act, and shall eject from the wharves or other state property all persons found attempting to make sales in violation of this act. And the board of state harbor commissioners through such officials as it may from time to time designate, shall prosecute all violations of this act in the proper court.

SEC. 7. All acts and parts of acts in conflict with this act are hereby repealed.

SEC. 8. This act shall take effect immediately.

CHAPTER LXVII.

An act to amend the Civil Code by adding two new sections thereto to be numbered one hundred thirty-one and one hundred and thirty-two, to title one, of part one, chapter two, article three, relating to actions for divorce.

[Approved March 2, 1903.]

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

SECTION 1. The Civil Code of California is hereby amended by adding two new sections to title one, part one, chapter two, article three, to be numbered sections one hundred thirty-one and one hundred thirty-two to read as follows:

ment.

131. In actions for divorce the court must file its decision Interlocuand conclusions of law as in other cases, and if it determines tory judg that no divorce shall be granted, final judgment must thereupon be entered accordingly. If it determines that the divorce ought to be granted an interlocutory judgment must be entered, declaring that the party in whose favor the court