commis election precinct; provided, that no primary election precinct Election shall embrace territory not in the same assembly or supervisoral sioners, district; and provided further, that where any city, town, or city duties of. and county, is by law or charter divided into wards, no primary election precinct in such city, town, or city and county, shall embrace territory not included in the same ward, and in the same supervisoral and in the same assembly district. what they tain. 1374. The ballots for primary elections shall have only Ballots, upon them appropriate directions for voting said ballots, stating shall con the party names, and the designations of the various conventions to which delegates are to be elected, and the number of delegates which parties operating co-extensively within each division thereof are entitled respectively to elect to each convention at the particular precinct where said ballot is to be used, but nothing more; all of which shall be concisely and briefly set forth in proper and convenient columns, lines, and headlines, so that there shall be one column for each political party participating. The voter may write the names of his choice for delegates with pen or pencil, or he may attach in the proper place on the ballot with any adhesive substance a slip of paper containing the names of his choice; provided, that on any such slip there may be printed a designation of the convention to which the delegates are to be elected. Each voter may vote for as many names for delegates as may be entitled to be elected to his respective party convention, or conventions, from the primary precinct at which he votes, under and by virtue of the apportionment herein before determined by the various party committees, and the directions in pursuance therewith appearing on said ballot. Any ballot upon which any names appear for delegates to more than one convention, for the same territory, shall be disregarded. That is to say, no ballot shall contain names of candidates for delegates to more than one state convention, or more than one district convention, or more than one local convention, or more than one city convention; any ballot not conforming hereto shall be disregarded. In case of a tie vote between candidates for delegates, Tie vote. so that it cannot be determined who is elected, such fact must be reported and certified to such candidates and to the secretary of the proper party committee, and the convention may determine the respective rights of such candidates to sit or act in the convention. Nothing herein shall be held to prevent the election of the same person to more than one convention. ballot. The form of such ballot shall be substantially as follows, Form of adding thereto other columns, designations of conventions, and other matters herein provided, all as may be necessary: Form of ballot. PRIMARY ELECTION, TUESDAY, AUGUST 30, 1899. Qualifications of voters. 1375. The qualifications and registration of voters at primary elections shall be subject to the same tests and governed by the same rules and regulations as are in the Constitution and Political Code of this state established and prescribed for other elections; and the same officers who prepare and furnish registers for general elections, as provided for in this code, shall prepare and furnish them for use at primary elections. It shall be the duty of the proper officers to furnish the register, and supplements thereto, for use at primary elections, which shall show the names of all voters entitled to vote at such elections; provided, that where a new registration pursuant to law is not completed in point of time sufficient to permit of its use at the next ensuing primary election, then the register used at the last general election in any county, or city and county, in this state, may be used at any primary election, together with supplemental registers or additions showing all additional registrations, changes and corrections made since the last general registration. 1376. All persons entitled to register or vote at any Registra primary election in any city, county, or city and county, whose electors. names are not upon the register, or who may be entitled to transfer their registration, shall be entitled to be registered or transferred so as to enable them to vote at such primary election, and for that purpose it shall be the duty of the officer charged with the registration of voters in each county, or city and county, to keep his office open for at least fifty days prior to the fifteen days immediately preceding such primary election. a quorum. 1377. No convention shall be illegal because of a failure Majority of of any precinct or political division to elect delegates thereto. delegates, A majority of delegates chosen shall constitute a quorum, and each convention shall be the judge of the election and qualification of its members, and no convention shall be recognized as in law entitled to make nominations unless the delegates thereto were elected under and by virtue of the provisions of this chapter. tials of and list of 1378. Immediately upon making out the credentials of Credenany delegates elected under this law, the clerk shall mail to the delegates, secretary of each political party or organization which partici- same. pated in the primary, a complete list of all delegates to whom credentials shall have been given as herein provided, and said clerk must, in proper book to be kept by him, record the names of all delegates elected, with the vote received by each, specifying those to whom credentials have been given, stating when and where such credentials were issued, delivered, or mailed; and if any delegate entitled to credentials shall not have received Duplicate his credentials, or shall have lost the same, said clerk must, upon request, issue a new credential to such delegate, which must be stamped "duplicate." list. refusal to 1379. Any person so chosen to act as a primary election Penalty for officer who shall willfully fail or refuse to act in the capacity act as elecfor which he is chosen, shall be deemed guilty of a misdemeanor, tion officer. and upon conviction thereof, shall be punished by a fine of not less than fifty dollars and not more than two hundred dollars, or by imprisonment for not less than five days nor more than twenty days, or by both said fine and imprisonment. Any act declared to be an offense by the general laws concerning elections in this state is hereby declared to be an offense in all primary elections, and shall be punishable in the same manner and with like penalties as are prescribed for the punishment of all similar offenses against the general election law. no election sion exists. 1380. When there shall not be in any city, county, or city who shall and county, any board of election commissioners as such, then act when all duties enjoined and powers conferred herein upon such board commisof election commissioners, shall be enjoined and conferred upon and performed by the common council or board of trustees of a city, or board of supervisors of a county, or city and county, in each case respectively, as herein before specified. Sections repealed. Sections thirteen hundred and fifty-seven, thirteen hundred and fifty-eight, thirteen hundred and fifty-nine, thirteen hundred and sixty, thirteen hundred and sixty-one, thirteen hundred and sixty-two, thirteen hundred and sixty-three, thirteen hundred and sixty-four, and thirteen hundred and sixty-five of the Political Code be and the same are hereby repealed. SEC. 2. This act shall take effect immediately. Claims based on CHAPTER XLVII. An act prohibiting the payment of money by the state to counties and cities and counties for the collection of taxes. [Approved March 4, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. No money shall be paid by the state to any tax collec- county or city and county of the state on account of any claim based upon the collection of taxes heretofore made by any county or city and county of the state or the officers thereof. tions, invalid. SEC. 2. This act shall take effect immediately. Penalty for primary CHAPTER XLVIII. An act to amend section thirteen hundred and seventy-nine of the Political Code, relating to the election of delegates to conventions of political parties at elections known and designated as primary elections. [Approved March 4, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section thirteen hundred and seventy-nine of the Political Code, relating to the election of delegates to conventions of political parties at elections known and designated as primary elections, is hereby amended so as to read as follows: 1379. Any person so chosen to act as a primary election officer, who shall willfully fail or refuse to act in the capacity for which he is chosen, without having been excused therefrom, shall be liable to a civil suit in the sum of twenty-five dollars, in liquidated damages, to be brought by the district attorney, in the name of the people of the state of California, and shall pay the same, which sum, when collected, together with costs, shall be paid into the treasury of the county, or city and county, respectively. SEC. 2. This act shall take effect immediately. CHAPTER XLIX. An act to amend "An act entitled an act authorizing and requiring boards or commissions having the management and control of paid fire departments to grant the members thereof yearly vacations," approved March 26th, 1895. The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. The act of the legislature entitled "An act authorizing and requiring boards or commissions having the management and control of paid fire departments to grant the members thereof yearly vacations,' approved March twenty-sixth, eighteen hundred and ninety-five, is hereby amended to read as follows: vacations paid fire Section 1. In every city, or city and county, of this state, where Yearly there is a regularly organized paid fire department, the board to mem of supervisors, common council, commissions, or other body bers of having the management and control of the same, are author- departized and required, once in every year, to provide for each ments. regular or permanent member thereof, a leave of absence, from active duty, of not less than five nor more than ten days in each year, and in addition thereto a leave of absence from active duty of two days in every month of such service. Leaves of absence so granted, as aforesaid, must be arranged by said board or commission so as not to interfere with or in any way impair the efficiency of the said department. No deduction must be made from the salary or pay of any member of such fire department granted such leaves of absence under the provisions of this act. SEC. 2. This act shall take effect immediately. [Became a law, under constitutional provision, without Governor's approval, March 4, 1899.] CHAPTER L. An act to amend section four hundred and fifty-six of the Civil The people of the state of California, represented in senate and SECTION 1. Section four hundred and fifty-six is hereby amended to read as follows: corpora borrow money bonds, etc. 456. Railroad corporations may borrow, on the credit of Railroad the corporation and under such regulations and restrictions as tions may the board of directors thereof, by unanimous concurrence, may impose, such sums of money as may be necessary for construct- and issue ing and completing their railroad, with its equipments, and for the purchase of all necessary rolling stock and all else relative thereto, and may issue promissory notes therefor, or may issue and dispose of bonds to raise moneys necessary to pay therefor, |