exempt 13. All fire engines, hooks and ladders, with the carts, Property trucks, and carriages, hose, buckets, implements, and apparatus from exethereunto appertaining, and all furniture and uniforms of any cution. fire company or department organized under any laws of this state. 14. All uniforms, arms, accoutrements required by law to be kept by any person, and also one gun, to be selected by the debtor. 15. All court-houses, jails, public offices, and buildings, lots, grounds, and personal property, the fixtures, furniture, books, papers, and appurtenances belonging and pertaining to the jail and public offices belonging to any county, or to any city and county of this state, and all cemeteries, public squares, parks, and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament, or public use, or for the use of any fire or military company organized under the laws of this state. 16. All material purchased in good faith for use in the construction, alteration, or repair of any building, mining claim, or other improvement, as long as in good faith the same is about to be applied to the construction, alteration, or repair of such building, mining claim, or other improvement. 17. All machinery, tools, and implements necessary in and for boring, sinking, putting down and constructing surface or artesian wells; also, the engines necessary for operating such machinery, implements, tools, etc.; also, all trucks necessary for the transportation of such machinery, tools, implements, engines, etc., to the value of one thousand dollars. No article, however, or species of property mentioned in this section is exempt from execution issued upon a judgment recovered for its price, or upon a judgment of foreclosure of a mortgage thereon. CHAPTER XX. An act to amend section ten hundred and thirty-three (1033) of an act entitled "An act to establish a Code of Civil Procedure," approved March 11, 1872, relating to the filing and service and affidavit of bill of costs and motion to retax same. [Approved February 21, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section ten hundred and thirty-three of an act entitled "An act to establish a Code of Civil Procedure," approved March eleventh, eighteen hundred and seventy-two, is hereby amended to read as follows: Filing, affidavit of bill of costs. 1033. The party in whose favor the judgment is rendered, service and and who claims his costs, must deliver to the clerk, and serve upon the adverse party, within five days, after the verdict, or notice of the decision of the court or referee, or, if the entry of the judgment on the verdict or decision be stayed, then, before such entry is made, a memorandum of the items of his costs and necessary disbursements in the action or proceeding, which memorandum must be verified by the oath of the party, or his attorney or agent, or by the clerk of his attorney, stating that to the best of his knowledge and belief the items are correct, and that the disbursements have been necessarily incurred in the action or proceeding. A party dissatisfied with the costs claimed may, within five days after notice of filing of the bill of costs, file a motion to have the same taxed by the court in which the judgment was rendered, or by the judge thereof at chambers. By the decision of the court, or referee, herein referred to, is meant the signing and filing of the findings of fact and conclusions of law. Municipalities of less CHAPTER XXI. An act authorizing municipalities of less than the first class to obtain, by purchase, donation, or devise, lands for cemetery purposes; and authorizing the board of trustees of said municipalities to make all necessary rules and regulations for the government and disposition of the same. [Approved February 21, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Cities and towns of less than the first class are than first hereby authorized to purchase, or receive by donation or devise and dispose of, all and any necessary property for cemetery purposes. class may acquire property for ceme tery purposes. SEC. 2. The board of trustees or other governing body of said municipalities shall make all necessary rules and regulations for the government, embellishment, and disposition of the same. SEC. 3. The board of trustees or other governing body of said municipalities shall, by ordinance, prescribe the method and conditions by which burial lots may be sold in said cemetery, and may authorize any officer of the municipality to execute conveyances in behalf of said municipality, subject to the restrictions that may be deemed proper. SEC. 4. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. SEC. 5. This act shall take effect immediately. CHAPTER XXII. An act to amend an act entitled "An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities," approved March 18, 1885, by adding thereto a new section, to be known as section six and one half, relating to securing claims for labor done and material furnished for improvements under said act. [Approved February 21, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. A new section, to be known as section six and one half of said act, is hereby added thereto, and shall read as follows: claims for and sewer ities. Section 6. Every contractor, person, company, or corpora- Securing tion, including contracting owners, to whom is awarded any labor, etc.. contract for street work under this act, shall, before executing for street the said contract, file with the superintendent of streets a good work in and sufficient bond, approved by the mayor, in a sum not less municipalthan one half of the total amount payable by the terms of said contract; such bond shall be executed by the principal and at least two sureties, who shall qualify for double the sum specified in said bond, and shall be made to inure to the benefit of any and all persons, companies, or corporations who perform labor on, or furnish materials to be used in the said work of improvement, and shall provide that if the contractor, person, company, or corporation to whom said contract was awarded fails to pay for any materials so furnished for the said work of improvement, or for any work or labor done thereon of any kind, that the sureties will pay the same, to an amount not exceeding the sum specified in said bond. Any material man, person, company, or corporation, furnishing materials to be used in the performance of said work specified in said contract, or who performed work or labor upon the said improvement, whose claim has not been paid by the said contractor, company, or corporation, to whom the said contract. was awarded, may, within thirty days from the time said. improvement is completed, file with the superintendent of streets a verified statement of his or its claim, together with a statement that the same, or some part thereof, has not been paid. At any time within ninety days after the filing of such claim, the person, company, or corporation, filing the same, or their assigns, may commence an action on said bond for the recovery of the amount due on said claim, together with the costs incurred in said action, and a reasonable attorney fee, to be fixed by the court, for the prosecution thereof. SEC. 2. This act shall take effect and be in force from and after its passage. CHAPTER XXIII. An act to amend section eleven hundred and eighty-five of the Code of Civil Procedure, relating to mechanics' and others' liens upon real property. [Approved February 23, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section eleven hundred and eighty-five of the Code of Civil Procedure of the state of California is hereby amended to read as follows: 1185. The land upon which any building, improvement, well, or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien, if, at the commencement of the work, or of the furnishing of the materials for the same, the land belonged to the person who caused said building, improvement, well, or structure to be constructed, altered, or repaired, but if such person owned less than a fee simple estate in such land, then only his interest therein is subject to such lien. Method of publishing proposed constitutional amendments. CHAPTER XXIV. An act to repeal an act entitled "An act to provide for the submission of proposed amendments to the constitution of the state of California to the qualified electors for their approval," approved March 7, 1883, relating to the manner of publishing such proposed amendments. [Approved February 23, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. An act to provide for the submission of proposed amendments to the constitution of the state of California to the qualified electors for their approval, adopted March seventh, eighteen hundred and eighty-three, is hereby repealed. Section 1. Whenever the legislature shall propose any amendment to the constitution of this state, which amendment shall have been passed in the manner required by section one of article eighteen of the constitution, or whenever said legislature shall submit any proposition to a vote of the qualified electors of the state, it shall be the duty of the governor to include such amendment or proposition in his election proclamation. The secretary of state shall cause to be printed at the state printing office, in convenient form, one and one half times as many copies of such amendment or proposition as there are registered voters in the state, and at least thirty days before any election at which such amendment or proposition are to be voted on, shall furnish each county clerk in the state with one and one half times as many such copies as there are registered voters in his county, and said county clerks shall mail one copy of such amendment or proposition to each registered voter in his county, at least twenty days before the day of election at which such amendment or proposition is to be voted No other publication of such amendment or proposition shall be required or authorized. on. SEC. 2. This act shall take effect immediately. CHAPTER XXV. An act to prevent deception in the sale of process or renovated butter. The people of the state of California, represented in senate and assembly, do enact as follows: butter. SECTION 1. No person or persons, firms or corporation, shall Renovated sell, or offer for sale, or have in his or their possession for sale, any butter manufactured by boiling, melting, deodorizing, or renovating, which is the product of stale, rancid, or decomposed butter, or by any other process whereby stale, rancid, or decomposed butter is manufactured to resemble or appear like creamery or dairy butter, unless the same is plainly stenciled or branded upon each and every package, barrel, firkin, tub, pail, square, or roll, in letters not less than one half inch in length, "process butter," or "renovated butter," in such a Real charmanner as the purchaser will be advised of the real character must be of such "process" or "renovated" butter. acter revealed. SEC. 2. Whoever shall violate any of the provisions or Penalty. sections of this act shall be deemed guilty of a misdemeanor. district SEC. 3. It shall be the duty of the district attorney of each Duty of and every county of this state, upon application, to attend to the attorney. prosecution in the name of the state of any action brought for the violation of any of the provisions of this act within his district. bureau. SEC. 4. The state dairy bureau, by its agent and assistant Duty of agents, is hereby authorized and directed to enforce all of the dairy provisions of this act. All fines and penalties for the violation of this act shall be paid to the agent or assistant agents of the state dairy bureau, and by said bureau paid to the state treasurer. SEC. 5. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. SEC. 6. This act shall take effect on and after its passage. [Became a law, under constitutional provision, without Governor's approval, February 23, 1899.] |