Oral teaching for deaf children. CHAPTER LXXXVIII. An act to add a new section to the Political Code, to be known as section 1618, providing for the establishment and maintenance of separate classes in the common schools for the instruction of the deaf. [Approved March 9, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. A new section is hereby added to the Political Code, to be known as sixteen hundred and eighteen, to read as follows: 1618. The board of education of every city or city and county, or board of school trustees of every school district in this state, containing five or more deaf children, or children who from deafness are unable to hear common conversation, between the ages of three and twenty-one years, may in their discretion establish and maintain separate classes in the primary and grammar grades of the public schools, wherein such pupils shall be taught by the pure oral system for teaching the deaf. SEC. 2. This act shall take effect and be in force from and after its passage. Vagrants- CHAPTER LXXXIX. An act to amend section six hundred and forty-seven of the Penal [Approved March 9, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section six hundred and forty-seven of the Penal Code of the State of California is hereby amended to read as follows: 647. 1. Every person (except a California Indian) withwho are. out visible means of living who has the physical ability to work, and who does not seek employment, nor labor when employment is offered him; or 2. Every healthy beggar who solicits alms as a business; or 3. Every person who roams about from place to place without any lawful business; or 4. Every person known to be a pickpocket, thief, burglar, or confidence operator, either by his own confession, or by his having been convicted of either of such offenses, and having no visible or lawful means of support, when found loitering around any steamboat landing, railroad depot, banking institution, brokers office, place of åmusement, auction room, store, shop, or crowded thoroughfare, car, or omnibus, or at any public gathering or assembly; or 5. Every idle, or lewd, or dissolute person, or associate of known thieves; or 6. Every person who wanders about the streets at late or unusual hours of the night, without any visible or lawful business; or 7. Every person who lodges in any barn, shed, shop, outhouse, vessel, or place other than such as is kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof; or 8. Every person who lives in and about houses of ill-fame; or 9. Every person who acts as a runner or capper for attorneys in and about police courts or city prisons; or 10. Every common prostitute; or 11. Every common drunkard, is a vagrant, and is punish- Penalty able by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. SEC. 2. This act shall take effect and be in force from and after its passage. CHAPTER XC. An act making an appropriation to pay the deficiency in the appropriation for postage, expressage, and telegraphing, adjutant-general's office, for the fifty-third fiscal year. [Approved March 9, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: tion to pay in adju SECTION 1. The sum of one 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 tant for postage, expressage, and telegraphing, adjutant-general's general's office, 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. office. Undertaking in actions to set aside transfer of property. CHAPTER XCI. An act to amend an act entitled, "An act to establish a Code of [Approved March 9, 1903.] The people of the State of California, represented in senate and SECTION 1. A new section is hereby added to the Code of Civil Procedure, to be numbered as section six hundred and seventy-six: 676. Where an action is commenced to set aside a transfer or conveyance of property on the grounds that such transfer or conveyance was made to hinder, delay or defraud a creditor or creditors, the transferee or grantee to whom it is alleged the property was transferred or conveyed to hinder, delay or defraud creditors or the successors or assigns of such transferee or grantee, may give an undertaking as herein provided, and when such undertaking is given as herein provided, the transferee or grantee to whom it is alleged the property was transferred or conveyed to hinder, delay or defraud creditors, or the successors and assigns of such transferee or grantee, may sell, incumber, transfer, convey, mortgage, pledge or otherwise dispose of the property, or any part thereof, which is alleged to have been transferred or conveyed to hinder, delay or defraud creditors, so that the purchaser, incumbrancer, transferee, mortgagee, grantee or pledgee of such property, will take, own, hold and possess such property unaffected by such action and suit, or the judgment which may be rendered therein. of under SEC. 2. A new section is hereby added to the Code of Civil Procedure, to be numbered six hundred and seventy-seven: 677. Such undertaking with two sureties shall be executed Conditions by the transferee or grantee to whom it is alleged the property taking. was transferred or conveyed to hinder, delay or defraud creditors, or the successor or assign of such transferee or grantee, in double the estimated value of the property so alleged to have been transferred or conveyed; provided, in no case need such undertaking be for a greater sum than double the amount of the debt or liability alleged to be due and owing to the plaintiff in such action, commenced to set aside said transfer and conveyance; and where such estimated value of the property alleged so to have been conveyed is less than the sum alleged to be due and owing to the plaintiff in the action, such estimated value shall be stated in the undertaking, and said undertaking shall be conditioned that, if it be adjudged in said action that the transfer or conveyance was made to hinder, delay or defraud a creditor or creditors, then that the transferee or grantee or the said successor or assigns of such transferee or grantee giving such undertaking, will pay to the plaintiff in said action a sum equal to the value, as the same is estimated in said undertaking, of said property alleged to have been transferred or conveyed to hinder, delay or defraud creditors, not exceeding the sum alleged to be due and owing to the plaintiff in the action. SEC. 3. A new section is hereby added to the Code of Civil Procedure, to be numbered six hundred and seventy-seven and one half: serving. 677. Said undertaking shall be filed in the action in which Filing and said execution issued and a copy thereof served upon the plaintiff or his attorney in said action. SEC. 4. A new section is hereby added to the Code of Civil Procedure, to be numbered six hundred and seventy-eight: 678. Within ten days after service of the copy of under- Exceptions taking the plaintiff may object to such undertaking on the to sureties. ground of inability of the sureties, or either of them, to pay the sum for which they become bound in said undertaking, and upon the ground that the estimated value of the property therein is less than the market value of such property. Such objection to the undertaking shall be made in writing, specifying the ground or grounds of objection, and if the objection is made to the undertaking that the estimated value therein is less than the market value of the property, such objection shall specify the plaintiff's estimate of the market value of the property. Such written objection shall be served upon the said transferee or grantee, or the successor or assigns of such transferee or grantee giving such undertaking. SEC. 5. A new section is hereby added to the Code of Civil Procedure, to be numbered six hundred and seventy-eight and one half: tion of 678. When the sureties or either of them, are objected to, Justificathe surety or sureties so objected to shall justify before the court in which the action is commenced, upon ten days' notice sureties. New undertaking. Justification of sureties. When un becomes effective. of the time when they will so justify being given to the plaintiff, or plaintiff's attorney. Upon the hearing and examination into the sufficiency of a surety, witness may be required to attend and evidence may be procured and introduced in the same manner as in trial of civil cases. Upon such hearing and examination the court shall make its order, in writing, approving or disapproving the sufficiency of the sureties or surety on such undertaking. In case the court disapproves of the surety or sureties on any undertaking, a new undertaking may be filed and served, and to any undertaking given under the provisions of this act the same objection to the sureties may be made and the same proceedings had as in case of the first undertaking filed and served. SEC. 6. A new section is hereby added to the Code of Civil Procedure, to be numbered six hundred and seventy-nine: 679. When objection is made to the undertaking upon the ground that the estimated value of the property, as stated in the undertaking, is less than the market value of the property, the transferee or grantee, or the successor or assigns of such transferee or grantee giving the undertaking may accept the estimated value stated by the plaintiff in said objection, and a new undertaking may at once be filed, with the plaintiff's estimate stated therein as the estimated value, and no objection shall thereafter be made upon that ground; if the plaintiff's estimate of the market value is not accepted, the transferee or grantee, or the successor or assigns of the grantee or transferee giving such undertaking, upon ten days' notice to the plaintiff, shall move the court in which the action is pending to estimate the market value of the property, and upon the hearing of such motion, witnesses may be required to attend and testify, and evidence may be produced in the same manner as in the trial of civil actions. Upon the hearing of the motion the court shall estimate the market value of the property, and if the estimated value of the property as made by the court exceeds the estimated value as stated in the undertaking, a new undertaking shall be filed and served with the market value determined by the stated value therein as the estimated value of the property. SEC. 7. A new section is hereby added to the Code of Civil Procedure, to be numbered six hundred and seventy-nine and one half: 679. The sureties shall justify upon the undertaking as required by section one thousand and fifty-seven of the Code of Civil Procedure. SEC. 8. A new section is hereby added to the Code of Civil Procedure, to be numbered six hundred and eighty: 680. The undertaking shall become effective for the purpose dertaking stated in section one of this act, ten days after service of copy thereof on the plaintiff, unless objection to such undertaking is made as in this act provided, and in case objection is so made to the undertaking filed and served, the same shall become effective for such purpose when an order is made by such court approving the sureties, when the surety or sureties are objected to, or affirming the estimate of the value of property when |