Act 1173, §§ 10-12

FIRE DEPARTMENT.

Sec. 10. The board herein provided for shall hold quarterly meetings on the first Mondays of April, July, October, and January of each year, and upon the call of its president; it shall biennially select from its members a president and secretary; it shall issue warrants, signed by its president and secretary, to the persons entitled thereto of the amount of money ordered paid to such persons from such fund by said board, which warrant shall state for what purpose such payment is to be made; it shall keep a record of all its proceedings, which record shall be a public record; it shall, at each quarterly meeting, send to the treasurer of the county, city and county, city, or town, and to the auditor of such county, city and county, city, or town, a written or printed list of all persons entitled to payment from the fund herein provided for, stating the amount of such payments and for what granted, which list shall be certified to and signed by the president and secretary of such board, attested under oath. The auditor shall thereupon enter a copy of said list upon a book to be kept for that purpose, and which shall be known as "The firemen's relief and pension fund book." When such list has been entered by the auditor, he shall transmit the same to the board of supervisors, or other governing authority of such county, city and county, city, or town, which board of authority shall order the payment of the amounts named therein out of "The firemen's relief and A majority of all the members of said pension fund." board herein provided for shall constitute a quorum, and have power to transact business.

Sec. 11. The board herein provided for shall, in addition to other powers herein granted, have power,

First-To compel witnesses to attend and testify before it, upon all matters connected with the operation of this act, in the same manner as is or may be provided by law for the taking of testimony before notaries public, and its president, or any member of said board, may administer oaths to such witnesses.

Second-To appoint a secretary, and to provide for the payment from said fund of all its necessary expenses including secretary hire and printing; provided, that no compensation or emolument shall be paid to any member of said board for any duty required or performed under this act. Third-To make all needful rules and regulations for its guidance, in conformity with the provisions of this act.

Sec. 12. The board of supervisors, or other governing authority, of any county, city and county, city, or town, shall, for the purposes of said "firemen's relief and pension fund" herein before mentioned, direct the payment annually, and

when the tax levy is made, into said fund, of the following moneys:

First-All rewards given or paid to members of such firemen's force.

Second-All fines imposed upon members of the fire department in keeping with rules and regulations of the department.

Third-The treasurer of any county, city and county, city, or town, shall retain from the pay of each member of the fire department the sum of 2 per cent of each month's pay to be forthwith paid into said firemen 's relief and pension fund, and no other or further retention or deduction shall be made from such pay for any other fund.

Fourth-One half of all fines imposed and collected for violation of laws pertaining to precaution against fire.

Sec. 13. Any firemen's life and health insurance fund, or any fund provided by law, heretofore existing in any county, city and county, city, or town, for the relief or pensioning of firemen, or their life or health insurance, or for the payment of a sum of money on their death, shall be merged with, paid into, and constitute a part of the fund created under the provisions of this act; and no person who has resigned or been dismissed from said fire department shall be entitled to any relief from such fund; provided, that any person who, within one year prior to the passage of this act, has been dismissed from the fire department for incompetency or inefficiency, and which incompetency or inefficiency was caused solely by sickness or disability contracted or suffered while in service as a member thereof, and who has, prior to said dismissal, served for twelve or more years as such member, shall be entitled to all the benefits of this act.

Sec. 14. On the last day of June of each year, or as soon thereafter as practicable, the auditor of such county, city and county, city, or town, shall make a report to the board of supervisors, or other governing authority of such county, city and county, city, or town, of all moneys paid out on account of said fund during the previous year, and of the amount then to the credit of the "firemen's relief and pension fund," and all surplus of said fund then remaining in said fund exceeding the average amout per year paid out on account of said fund during the three years next preceding, shall be transferred to and become a part of the general fund of every such county, city and county, city, or town, and no longer under the control of said board, or

subject to its order., Payments provided for in this act shall be made quarterly, upon proper vouchers.

ACT 1174.

To allow unincorporated cities and towns to equip and maintain a fire department. [Stats. 1881, p. 26.]

Amended 1899, 69, chap. LIX.

This act, as amended in 1899, appears in full in Political Code, Appendix, p. 1074.

АСТ 1175.

To create a firemen's relief, health, and life insurance, and pension fund in the several counties, cities and counties and cities and towns of this state. [Stats. 1901, p. 101.]

Amended 1903, 158.

This act appears in full in Political Code, Appendix, p., 1081, Probably superseded by act of March 20, 1905, creating a tiremen's relief, health and life insurance pension fund. See ante, Act 1173.2 АСТ 1176.

To create an exempt firemen's relief fund in the several counties, cities and counties, cities and towns of the state, and relating to the enrollment, formation into fire companies, and services as firemen of such exempt firement. [Stats. 1895, p. 107.]

Unconstitutional. (Taylor v. Mott, 123 Cal. 497.) Superseded 1901, 101, АСТ 1177.

To require the payment of certain insurance premiums

by fire insurance companies not organized in California, to cities and cities and counties. [Stats. 1885, p. 13.]

Amended 1887, 15.

Unconstitutional. (San Francisco v. Insurance Co., 74 Cal. 113.) The moneys collected under this act were for the benefit of the firemen's relief fund.

ACT 1178.

Authorizing boards of supervisors to provide pensions for the relief of aged, infirm, and disabled firemen. [Stats. 1889, p. 108.]

Amended 1901, 575.

Cal. Rep. Cit. 123, 499..

This act appears in full in Political Code, Appendix, p. 1080 АСТ 1179.

Authorizing and requiring boards or commissions having the management and control of paid fire departments,

瀵

to grant the members thereof yearly vacations. [Stats. 1895, p. 76.]

Amended 1899, 57; 1905, 39.

This act appears in full in Political Code, Appendix, 1079.

ACT 1180.

Belating to salaries of officers of fire departments in municipalities of the first class. [Stats. 1897, p. 54.] Unconstitutional. (Popper v. Broderick, 123 Cal. 456.)

ACT 1181.

Relating to fire departments of municipalities of the first class, and fixing the salaries of officers thereof. [Stats. 1897, p. 192.]

Apparently unconstitutional under the rule announced in Popper v. Broderick, 123 Cal. 456.

This act appears in full in Political Code, Appendix, p. 1088.

ACT 1182.

To provide for increasing the efficiency of fire departments within municipalities of the first class in the state of California. [Stats. 1807, p. 61.]

This act appears in full in Political Code, Appendix, p. 1087.

ACT 1188.

TITLE 165.

FIRE PATROL.

"Underwriters, authorizing the establishment of the fire patrol by. [Stats. 1875-6, p. 689.]

Amended 1897, 223.

Codified by amendment of Civil Code, 1905. See note to 4538, Civil Code.

This act appears in full in Civil Code, Appendix, p. 715,

ACT 1193.

TITLE 166.
'FISCAL YEAR.

Providing for changing the fiscal year of cities in this state operating under a charter framed under section eight, article eleven, of the constitution. [Stats. 1895, p. 128.]

See Game Laws.

FISH AND GAME.

FISH COMMISSIONERS.

Bee Game Laws,

TITLE 167.

FLAG.

АСТ 1198.

To prohibit the desecration of the flag of the United States, and provide a punishment therefor. [Stats. 1899, p. 46.]

TITLE 168.

FOLSOM.

АСТ 1203.

To prevent goats from running at large in. [Stats. 1875-6,

p. 385.]

Repealed in 1897, 198; 1901, 603.

Cal. Rep. Cit. 60, 483; 62, 393; 84, 207; 119, 309; 128, 557.

TITLE 169.

АСТ 1208.

FORCIBLE ENTRY.

Concerning forcible entries and unlawful detainers. [Stats. 1863, p. 652.]

Amended 1871-2, 318.

Cal. Rep. Cit. 41, 361; 44, 195; 51, 182; 51, 184.

Effect of code on: See Norblett v. Farwell, 38 Cal. 155; Hemstreet v. Wassum, 59 Cal. 273.

АСТ 1213.

TITLE 170.
FORECLOSURE.

Foreclosure suits, abolishing attorneys' fees in.

4, p. 707.]

[Stats. 1873

This act appears in full in Code of Civil Procedure, Appendix, p. 780. It provided that the fees of attorneys should be fixed by the court, notwithstanding a stipulation in the mortgage to the contrary.

ture:

TITLE 171.
FORESTRY.

See Agriculture; Fruit-Trees and Vines;

Silk Culture.

Horticulture; Viticul