firm or corporation present or represented may bid for said franchise or privilege, a sum not less than ten per cent above the highest sealed bid therefor, and said bid so made may be raised not less than ten per cent by any other responsible bidder, and said bidding may so continue until finally said franchise shall be struck off, sold, and awarded by said governing body to the highest bidder therefor in gold coin of the United States. Each sealed bid shall be accompanied with cash or a certified check, payable to the treasurer of such county or municipality, for the full amount of said bid, and no sealed bid shall be considered unless said cash or check is enclosed there with and the successful bidder shall deposit, at least ten per cent of the amount of his bid with the clerk of such county or municipality before the franchise shall be struck off to him. And if he shall fail to make such deposit immediately, then and in that case, his bid shall not be received, and shall be considered as void, and the said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid therefor, subject to the same conditions as to deposit, as above mentioned. Said procedure shall be had until said franchise is struck off, sold, and awarded to a bidder who shall make the necessary deposit of at least ten per cent of the amount of his bid therefor, as herein provided. Said successful bidder shall deposit with the clerk of such county or manicapility, within twenty-four hours of the acceptance of his bid, the remaining ninety per cent of the amount thereof, and in case he or it shall fail to do so, then the said deposit theretofore made, shall be forfeited, and the said award of said franchise shall be void, and the said franchise shall then and there, by said governing body, be again offered for sale to the highest bidder therefor, in the same manner, and under the same restriction as hereinbefore provided, and in case said bidder shall fail to deposit with the clerk of such county or municipality, the remaining ninety per cent of his bid, within twenty-four hours after its acceptance, the award to him of said francise shall be set aside, and the deposit theretofore made by him shall be set forfeited, and no further proceedings for a sale of said franchise shall be had unless the same shall be readvertised and again offered for sale, in the manner herein before provided. Sec. 6. Work to erect or lay telegraph or telephone wires, to construct street railroads, to lay gas pipes for the purpose of carrying gas for heat and power, to erect poles or wires for transmitting electric heat or power, along or upon any public street or highway, or to exercise any privilege what

ever, a franchise for which shall have been granted in accordance with the terms of this act, shall be commenced in good faith within not more than four months from the granting of any such franchise, and if not so commenced within said time said franchise so granted shall be declared forfeited, and shall be completed within not more than three years thereafter, and if not so completed within said time said franchise so granted shall be forfeited; provided, that for good cause shown the governing or legislative body may by resolution extend the time for completion thereof, not exceeding three months.

Sec. 7. The successful bidder for any franchise or privilege struck off, sold, and awarded under this act shall file a bond running to said county, city and county, or city or town, with, at least, two good and sufficient sureties, to be approved by such governing body, in a penal sum by it to be prescribed, and set forth in the advertisement for bids, conditioned that such bidder shall well and truly observe, fulfill and perform each and every term and condition of such franchise, and that in case of any breach of condition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed with such governing body within five days after such franchise is awarded, and upon the filing and approval of such bond, the said franchise shall, by said governing or legislative body, be granted by ordinance to the person, firm or corporation to whom it has been struck off, sold, or awarded, and in case that said bond shall not be so filed, the award of such franchise shall be set aside, and any money paid therefor shall be forfeited, and said franchise shall, in the discretion of said governing or legislative body, be readvertised, and again offered for sale in the same manner, and under the same restrictions, as herein before provided.

Sec. 8. It shall be the duty of the attorney-general, upon the complaint of any county or municipality, or, in his discretion, upon the complaint of any taxpayer, to sue for the forfeiture of any franchise granted under the terms of this act, for the noncompliance with any condition thereof.

Sec. 9. No clause or condition of any kind shall be inserted in any franchise or grant offered or sold under the terms of this act, which shall directly or indirectly restrict free and open competition in bidding therefor, and no clause or provision shall be inserted in any franchise offered for

sale, which shall in any wise favor one person, firm or corporation, as against another, in bidding for the purchase thereof.

Sec. 10. Any member of any common council or other governing or legislative body of any county, city and county, city or town of this state, who, by his vote, violates or attempts to violate the provisions of this act, or any of them, shall be guilty of a misdemeanor, and may be punished therefor, as provided by law, and may be deprived of his office by the decree of a court of competent jurisdiction, after trial and conviction.

Sec. 11. All acts or parts of acts in conflict herewith are hereby repealed; provided, however, that nothing herein contained shall be construed as repealing, or amending the following acts, to wit: "An act relating to the granting by the counties and municipalities of franchise for the construction of paths and roads for the use of bicycles and other horseless vehicles," approved March twenty-seventh, eighteen hundred and ninty-seven; "An act to authorize cities and towns to grant franchises for the construction and maintenance of railroads beyond the limits of such cities or towns leading to public parks owned thereby," being chapter forty of the laws of eighteen hundred and ninety-seven of the State of California.

This act shall take effect immediately.

ACT 1230.

Providing for the sale of railroad and other franchises in municipalities and relative to granting franchises. [Stats. 1893, p. 288.]

Amended 1897, 176. Superseded by 1901, 265. See Horton v. Los Angeles, 119 Cal. 602.

Cal. Rep. Cit. 111, 546; 111, 555; 117, 700; 119, 602; 132, 680; 134.

622.

This act appears in full in Civil Code, Appendix, p. 753.

ACT 1231.

Providing for the sale of street railroad and other franchises in municipalities, and providing conditions for the granting of such franchises by the legislative or other governing bodies. [Stats. 1897, p. 135.]

Repealed 1301, 265.

Unconstitutional. (Pereria v. Wallace, 129 Cal. 397.)

In full in Appendix to Civil Code, p. 755.

ACT 1232.

To provide for the sale of street rauroad and other franchises in municipalities. [Stats. 1901, p. 265.]

Amended 1903, 90.

This act appears in full in Civil Code, Appendix, p. 758.

Cal. Rep. Cit. 142, 228.

АСТ 1233.

Limiting the time for granting franchises for the construction, extension, or operation of street railroads. [Stats. 1893, p. 29.]

The code commissioners say this act is superseded by the act of 1897, 265. It appears in full-in Civil Code, Appendix, p. 773.

ACT 1234.

Relating to granting by counties and municipalities of franchises for the construction of paths and roads for the use of bicycle and other horseless vehicles. [Stats. 1897, p. 191.]

Bee post act. 1464.

ACT 1239.

"TITLE 174.

FRAUDULENT CONVEYANCES.

Concerning fraudulent conveyances and contracts. [Stats.

Amended 1856, 87;

1850, p. 87.]

1867-8, 110. Superseded by Civil Code, secs.

1227-1231, 1624, 3439-3442.

Amended 1869-70, 366.

288, Civ. Code."-Code Commissioner's Note.

"Repealed by sec.

See note to act 632, ante.

АСТ 1245.

To establish free public libraries and reading-rooms. [Stats.

Repealed 1901, 557.

ACT 1246.

1880, p. 231.]

Free public libraries and reading-rooms, establishment of. [Stats. 1877-8, p. 329.]

Repealed 1880, 233.

ACT 1247,

An act to provide for the establishment and maintenance of public libraries within municipalities.

[Approved March 23, 1901. Stats. 1901, p. 557.]

Amended 1905, p. 296.

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

Section 1. The common council, board of trustees, or other legislative body of any incorporated city or town in the state of California, may, and upon being requested to do so by one fourth of the electors of such municipal corporation in the manner hereinafter provided, must, by ordinance, establish in and for said municipality a public library; provided, there be none already established therein, Sec. 2. The request referred to in the preceding section may be by a single petition, or by several petitions; provided, that such several petitions be substantially in the same form, and that such single petition has, or such several petitions in the aggregate have, the signatures of the requisite number of electors.

Sec. 3. Such public library shall be managed by a board designated as the board of library trustees, consisting of five members, to be appointed by the mayor, president of the board of trustees or other executive head of the municipality, by and with the consent of the legislative body of said municipality. Such trustees shall severally hold office for three years, serving without compensation; provided, that the members of the first board appointed shall so elassify themselves by lot that one of their number shall go, out of office at the end of the current fiscal year, two at the end of one year thereafter, and the other two at the end of two years thereafter. Men and women shall be equally eligible to such appointment, and vacancies shall be filled by appointment for the unexpired term in the same

manner.

+

Sec. 4. Boards of library trustees shall meet at least once a month at such times and places as they may fix by resolution. Special meetings may be called at any time by three trustees, by written notice served upon each member at least three hours before the time specified for the proposed meeting. A majority of the board shall constitute a quorum for the transaction of business. Such boards shall appoint one of their number president, who shall serve for one year and until his successor is appointed, and in his absence shall select a president pro tem. Such boards shall