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intended. It shall be the duty of the department to adopt such general forms for the surveying of state highways, mapping, and keeping of the notes thereof, and the permanent marking of the same on the ground, as it shall deem necessary and shall issue instructions defining such general forms and markings to the person having charge of the making of such surveys; and it shall thereafter be the duty of such persons to follow the methods prescribed in such instructions. The department of highways, in performance of its duties, shall have the power to call upon any state, county, or district official to furnish it with any information contained in his office which relates to or is in any way necessary to the proper performance of the work of said department; and it is hereby made the duty of such officials to furnish such information without cost. The attorney-general of the state shall be the legal adviser of the department of highways, and said department of highways shall call upon the attorneygeneral of the state for all such legal advice and services as the discharge of its duties may require.

Sec. 11. The department shall prepare biennial reports, which shall be submitted to the governor at least thirty days before each session of the legislature. Said report

shall embrace the work and investigations of the department for the previous two years, together with such recommendations for changes in the law which it may deem advisable, and which the proper and economical maintenance of the highways may demand.

Sec. 12. It shall be the duty of the state controller, upon the demand of the department of highways, to transfer to it, for its use, all of the property, books, reports, and papers of every description which shall be transferred to him under the provisions of an act entitled "An act to create a bureau of highways, and prescribe its duties and powers, and make an appropriation for its expenses,' approved March twenty-seventh, eighteen hundred and ninety-five.

Sec. 13. It shall be the duty of the state printer to print such reports, bulletins, or other matter, and furnish any necessary illustrations or diagrams therefor as the department of highways may deem necessary; all of which shall first be subject to the approval of the state board of examiners.

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Sec. 14. The department of highways shall have the power and authority to employ, when in its judgment it is deemed necessary, such assistance of a special character as may be necessary and proper, for the discharge of its duties. The department shall also have the power to purconveniences, as may chase such supplies, fixtures, and be necessary in the performance of its work. The commissioners of the department of highways, or any employee thereof, shall be allowed their necessary traveling expenses while engaged in the discharge of their duties within the state. All of the expenses mentioned in this section, except as otherwise herein provided, shall be paid from the appropriation for the contingent expenses of the department of highways. The employment and compensation of assistants under the provisions of this section must receive the approval of the state board of examiners. The expense incurred in locating and definitely surveying state highways in a county shall be paid from the funds apportioned thereto for state highway purposes.

Sec. 15. The commissioners of highways shall each receive the sum of three thousand dollars ($3,000) per annum; the secretary the sum of fifteen hundred dollars ($1,500) per annum; and the stenographer the sum of Such salaries twelve hundred dollars ($1,200) per annum. shall be paid at the same tin.e and in the same manner as are the salaries of other state officers.

Sec. 16. For the purposes of carrying out the provisions of this act, the sum of three thousand dollars ($3,000) is hereby appropriated out of any money in the state treasury not otherwise appropriated, to pay the salaries of the officers, and employees and the other expenses of said department for the remainder of the forty-eighth fiscal year. Sec. 17. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

Sec. 18. This act shall take effect and be in force from and after its passage.

АСТ 1463.

An act to provide for the protection and preservation of public highways from damage by storm, waters and floods, and to authorize the expenditure of public moneys for the purposes thereof.

[Approved April 1, 1897. Stats. 1897, 404.]

Section 1. Whenever it appears to the board of supervisors that any public road, in any road district of the county, is in danger of being damaged by storm waters, or floods, or whenever any public highway has already been damaged by storm waters, or floods, it is hereby made the duty of the board of supervisors to adopt such measures as may be necessary to prevent such damage, or to repair the same; and the board of supervisors is hereby authorized to construct flumes, ditches, or canals, for the purpose of carrying off such storm waters, or floods, to a place of safety, and may condemn the right of way for such flumes, ditches, or canals for such purpose; provided, however, that no more than the sum of one thousand dollars shall be used for such purpose in any one road district of the county in any one year.

Sec. 2. All moneys used for the purposes of this act may be taken from the general road fund of the county.

Sec. 3. This act shall take effect and be in force from and after its passage.

АСТ 1464.

An act relating to the granting by counties and municipalities of franchises for the construction of paths and roads for the use of bicycles and other horseless vehicles.

[Approved March 27, 1897. Stats. 1897, 191.]

Codified by amendment to Civil Code, 1905. See note to § 524, Civil Code.

Section 1. The legislative or other body to whom is intrusted the government of any county, city and county, city, or town, may, under such regulations, restrictions, and limitations as it may provide, subject to existing laws, grant franchises for the construction of paths and roads, either on the surface, elevated, or depressed, on, over, across, or under the streets and public highways of any such county, city and county, city, or town, for the use of bicycles, tricyles, motor-cycles, and other like horseless vehicles, propelled by the rider, for a term not exceeding fifty years; provided, that in incorporated cities no franchise shall be granted for the purpose herein expressed, unless the consent in writing of the owners of a majority of the frontage upon the road or street, along which said path or road is sought to be constructed, be first had and obtained and filed with such legislative or governing body. Sec. 2. This act shall take effect immediately.

HOGS.

General acts relating to hogs running at large were repealed by the estray law of 1897, p. 198. For acts relating to particular localities, see particular title.

TITLE 201.
HOLIDAYS.

ACT 1469.

An act authorizing boards of supervisors or other govern ing bodies of municipalities to declare holidays.

[Approved March 23, 1901. Stats. 1901, 658.]

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

Section 1. The board of supervisors or other governing body of any county, town, city, or city and county, may declare the day on which a primary or other election is held in such municipality to be a holiday therein.

АСТ 1474.

TITLE 202..

HOLLISTER.

Incorporating. [Stats. 1873-4, p. 675.]
Superseded by incorporating under statute of 1883, in 1901.

АСТ 1479.

TITLE 203.

HOME OF ADULT BLIND.

Appropriating money for the establishment and management of the industrial home of mechanical trades for the adult blind. [Stats. 1885, p. 18.]

Superseded 1887, 160, chap. CXLVIII.

ACT 1480.

Establishing an industrial home of mechanical trades for the adult blind, and creating a board of directors for the government thereof. [Stats. 1887, p. 160.]

Amended 1889, 147.

АСТ 1485.

TITLE 204.
HOMESTEADS.

In relation to homesteads. [Stats. 1867-8, 116.]
Superseded by Civil Code, secs. 1237-1269.

Cal. Rep. Cit. 46, 266; 47, 80; 71, 508.

ACT 1486.

Extending the privileges of the homestead law to certain persons. [Stats. 1860, 87.]

Cal. Rep. Cit. 102, 497; 102, 500; 119, 372.

This act extended the law to unmarried men and women and to widows and widowers. The homestead acts are superseded by Civil Code, secs. 1237 et seq.

ACT 1487.

Alienating or incumbering. [Stats. 1873-4, p. 582.] Codified by amendments to Civil Code, 1905. See note to § 1269a, Civil Code.

Cal. Rep. Cit. 108, 220; 114, 670; 126, 25.

It pro

This act appears in full in Civil Code, Appendix, p. 718. vided for the alienation of the homestead in case of the insanity of either husband or wife.

ACT 1492.

TITLE 205.

HOMESTEAD CORPORATIONS.

To authorize formation of homestead corporations. [Stats.

1861, p. 567.]

Repealed. See note to act 632, ante. See supplementary act of 1873-4, 525, which appears in full in Civil Code, Appendix, p. 720. Cal. Rep. Cit. 131, 341.

ACT 1497.

TITLE 206.
HOMING PIGEONS.

An act for the protection of the Antwerp messenger, or homing pigeon.

[Approved February 26, 1897. Stats. 1897, 37.]

Codified by amendments to Penal Code, 1905. See note to § 598a, Penal Code.

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

Section 1. It shall be unlawful or any person, other than the owner thereof, to shoot, maim, or kill any Antwerp messenger, or homing pigeon, either in flight or at

rest.

Sec. 2. It shall be unlawful for any person, other than the owner thereof, to forcibly entrap or detain any Antwerp messenger, or homing pigeon.

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