final judgment and all such penalties may be imposed and col lected under the provisions of said act so repealed to the same extent and in the same manner as though said act had not been repealed. [Stats 1909, chap. 387.]

SEC. 12. This act shall take effect immediately. [Stats. 1909, chap. 387.]

Erection of public buildings and structures-Advertisement for plans, etc.

SEC. 1. When by any statute of this state power is given to any state or county officer or officers, or to any board of supervisors or corporation, or any board of trustees or commissioners, or other person or persons created or appointed by authority of any such statute, to erect, or cause to be erected or constructed, any state or county or other building or structure, it shall be the duty of said officer or officers, board of supervisors, corporation, or board of trustees, or commissioners, or other person or persons, to advertise for plans and specifications in detail for said building or other structure, and to state in said advertisement the amount authorized by law or otherwise to be expended for the erection of said building or structure; and also the premium to be awarded to the architect whose plans and specifications for the same may be adopted.

Architect's bond.

SEC. 2. Whenever the plans and specifications of any architect shall be adopted such officer or officers, board of supervisors, or corporation, or board of trustees or commissioners, or other person or persons so adopting the same, shall before any premium shall be awarded for such plans and specifications, require such architect to execute and file with such officer or officers, board of supervisors, corporation, or board of trustees or commissioners, or other person or persons, a good and sufficient bond, with two sufficient sureties thereto, in the penal sum of five thousand dollars, to be approved by such officer or officers, board of supervisors, corporation, or board of trustees, or commissioners, or other person or persons, as the case may be, and conditioned that within sixty days from the date of said bond he will, on presentment to him, enter into a contract containing such provisions and conditions as may be required by such officer or officers, board of supervisors, corporations, or board of trustees, or commissioners, or other person or persons; and also conditioned that he will give

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such further bond to secure the faithful performance of such contract, with such sureties as may be required of him, in the event hat such officer or officers, board of supervisors, corporation, or oard of trustees or commissioners, or other person or persons, o acting under authority of law, should within said sixty days, equire said architect to enter into such contract to erect such uilding or structure, at the price named in said advertisement O be expended for such purpose. In case said architect whose lans and specifications are adopted should enter into such conact, it shall be the duty of such officer or officers, board of upervisors, corporation, or board of trustees or commissioners, other person or persons, to employ a competent architect or perintendent to superintend the erection of such building or ructure and to see that such plans and specifications are faithlly carried out.

SEC. 3. All contracts entered into by such officer or officers, ard of supervisors, corporation, board of trustees, commissions, or other person or persons, in violation of the provisions of is act, shall be null and void. [Stats. 1871-2, p. 925.]

Mitchell vs. Colgan, 122 Cal. 296, 297, 54 Pac. Rep. 905; Swasey vs. County of Shasta, 141 Cal. 392-395, 74 Pac. Rep. 1031.

bor claims on public work-Contractor's bond.

SEC. 1. Every contractor, person, company, or corporation, whom is awarded a contract for the execution or performance any building, excavating, or other mechanical work, for this te, or by any county, city and county, city, town or district rein, shall before entering upon the performance of such rk, file with the commissioners, managers, trustees, officers, ard of supervisors, board of trustees, common council, or other ly by whom such contract was awarded, a good and sufficient ad, to be approved by such contracting body, officers, or board, a sum not less than one half of the total amount payable by terms of the contract; such bond shall be executed by the tractor and at least two sureties, in an amount not less than sum specified in the bond, and must provide that if the contor, person, company or corporation, fails to pay for any terials or supplies furnished for the performance of the work tracted to be done, or for any work or labor done thereon of kind, that the sureties will pay the same, in an amount not eeding the sum specified in the bond; provided, that such m shall be filed as hereafter required,

A

Materialmen's claims.

SEC. 2. Any materialman, person, company, or corporation, furnishing materials or supplies, used in the performance of the work, contracted to be executed or performed, or any person who performed work or labor upon the same or any person who supplies both work and material, and whose claim has not been paid by the contractor, company, or corporation, to whom the contract has been awarded, shall, within thirty days from the time such work is completed, file with the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by whom such contract was awarded, a verified statement of such claims, together with a statement that the same has not been paid. At any time within ninety days after the filing of such claims, the person, company, or corporation filing the same may commence an action against the sureties on the bond, specified and required by section one hereof. [Stats. 1897, p. 201.]

Wages on public work.

SECTION 1. The minimum compensation to be paid for labor upon all work performed under the direction, control, or by the authority of any officer of this state acting in his official capacity or under the direction, control or by the authority of any municipal corporation within this state, or of any officer thereof acting as such, is hereby fixed at two (2) dollars per day; and a stipulation to that effect must be made a part of all contracts to which the state, or any municipal corporation therein, is a party; provided, however, that this act shall not apply to persons employed regularly in any of the public institutions of the state, or any city, city and county, or county. [Stats. 1897, p. 90.]

Hours of labor on public work.

SEC. 653c. The time of service of any laborer, workman, or mechanic employed upon any of the public works of the State of California, or of any political subdivision thereof, or upon work done for said state, or any political subdivision thereof, is hereby limited and restricted to eight hours during any one calendar day; and it shall be unlawful for any officer or agent of said state, or of any political subdivision thereof, or for any contractor or subcontractor doing work under contract upon any public works aforesaid, who employs or who directs or con

trols, the work of any laborer, workman, or mechanic, employed as herein aforesaid, to require or permit such laborer, workman, or mechanic to labor more than eight hours during any one calendar day, except in cases of extraordinary emergency, caused by fire, flood, or danger to life or property, or except to work upon public military or naval defenses or works in time of war.

Forfeit stipulation for overtime.

Any officer or agent of the State of California, or of any political subdivision thereof, making or awarding, as such officer or agent, any contract, the execution of which involves or may involve the employment of any laborer, workman, or mechanic upon any of the public works, or upon any work, hereinbefore mentioned, shall cause to be inserted therein a stipulation which shall provide that the contractor to whom said contract is awarded shall forfeit, as a penalty to the state or political subdivision in whose behalf the contract is made and awarded, ten (10) dollars for each laborer, workman, or mechanic employed, in the execution of said contract, by him, or by any subcontractor under him, upon any of the public works, or upon any work, hereinbefore mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of this act; and it shall be the duty of such officer or agent to take cognizance of all violations of the provisions of said act committed in the course of the execution of said contract, and to report the same to the representative of the state or political subdivision, party to the contract, authorized to pay to said contractor moneys becoming due to him under the said contract, and said representative, when making payments of moneys thus due. shall withhold and retain therefrom all sums and amounts which shall have been forfeited pursuant to the herein said stipulation.

Penalty.

Any officer, agent or representative of the State of California, or of any political subdivision thereof, who shall violate any of the provisions of this section, shall be deemed guilty of misdemeanor, and shall upon conviction be punished by fine not exceeding five hundred (500) dollars, or by imprisonment not

exceeding six months, or by both such fine and imprisonme the discretion of the court. [Pen. Code. ]

SEC. 4. All acts or parts of acts inconsistent with the visions of this act are hereby repealed. [Stats. 1903, p. 119

Rock-crusher-Operation and sale of product-Prison dire to control plant.

SECTION 1. The state board of prison directors shall late, govern, and have full control of the rock- or stone-crus plant established at the state prison at Folsom, the pro thereof, the revenues derived therefrom, and all appropriat of money therefor. [Stats. 1897, p. 99.]

How operated.

SEC. 2. The plant shall be operated by convict labor, and the application of the mechanical and water power belongin the state prison at Folsom, together with such free labor as state board of prison directors may deem necessary for supe tending, directing, and guarding the convicts employed ther [Stats. 1897, p. 99.]

Sale of road metal.

SEC. 3. The state board of prison directors are hereby powered and authorized to sell and to otherwise dispose of crushed-rock product of the said plant; provided, that in cases, preference shall be given to orders received from bureau of highways for crushed rock for road metal for highw purposes. [Stats. 1897, p. 100.]

Sale price.

SEC. 4. The sale price of all crushed rock sold for road me for highway purposes shall be the cost of production, with per centum added, delivered on board cars or other vehicles transportation at the rock-crushing plant; provided, that no ro shall be sold for highway or other purposes for a less price th thirty cents per ton. [Stats. 1897, p. 100.]

Cost of production, how estimated.

SEC. 5. The cost of production shall be ascertained by est mating the cost of explosives, oil, fuel, tools, repairs, free labo supplementary machinery, the preparation and maintenance beds, boxes, crates, or other unloading devices for carriage to an delivery from cars, of said crushed rock, the leasing of railroa