CONSTRUCTION. Section 115. Act to be liberally construed. Construction of similar legislation elsewhere, not adopted. liberally. SEC. 115. This Act shall be construed liberally so far as may Act to be be necessary for the purpose of effecting its general intent, but construed does not adopt by implication the construction of any similar legislation of other jurisdictions which this Act may to any extent have followed. Section 116. Act to take effect July 1, 1897. In effect SEC. 116. This Act shall take effect and be in force from and after the first day of July, eighteen hundred and ninety-seven. July 1, 1897. CHAPTER CXI. An Act authorizing and empowering the board of school trustees of the City of San José, County of Santa Clara, State of California, to erect, construct, and build, and maintain, at the expense of the said City of San José, a high school building on the north side of the state normal school grounds at San José, between Fifth and Seventh streets in said city. [Approved March 17, 1897.] The People of the State of California, represented in Senate and high school on normal San José. SECTION 1. The State of California hereby authorizes and Authority empowers and grants to the board of school trustees of the to erect a City of San José, County of Santa Clara, the right and building privilege to erect, construct, build, and maintain a high school school building, and conduct and carry on a high school grounds at therein at the expense of said City of San José, on the grounds of the state normal school at San José; said building to be erected on the north side of said normal school grounds, between Fifth and Seventh streets in said city, at such point as may be agreed upon between the board of trustees of said state normal school and the board of school trustees of said City of San José. And the right and privilege is hereby granted to said City of San José to enter into and upon the lands and premises necessary for the said high school building, and grounds necessary to the use thereof, for the purpose of laying water and gas mains and pipes, or for the erection of electric light poles and wires, and for all other purposes necessary to the building and constructing of such high school building and the maintenance of a high school therein. SEC. 2. The City of San José shall keep so much of the Duty of lands and premises belonging to said state normal school as San José. City of may be used by said City of San José for the use of said high school in good condition at the expense of said City of San José, and shall gravel and care for the walks in and upon the Validating incorporations tain condi been com CHAPTER CXII. An Act to validate the organization and incorporation of municipal corporations. [Approved March 17, 1897.] The People of the State of California, represented in Senate and SECTION 1. All municipal corporations, the organization and incorporation of which have been authenticated by an order of a Board of Supervisors in this State, declaring the same incortions have porated as municipal corporations of the classes to which such plied with. corporations may respectively belong, and a certified copy of which order has been filed by such Board of Supervisors in the office of the Secretary of State, showing such copy of said order to have been filed in said office, and which corporations thereafter have acted in the form and manner of municipal corporations under the provisions of "An Act to provide for the organization, incorporation, and government of municipal corporations," approved March thirteenth, eighteen hundred and eighty-three, and the amendments thereto, are hereby declared to be and to have been municipal corporations from the date of filing the certified copy of said order of the Board of Supervisors with the Secretary of State; and all the acts of the said municipal corporations heretofore exercised according to the Act aforesaid, are hereby validated and declared as legal. SEC. 2. This Act shall take effect from and after its passage and approval. CHAPTER CXIII. An Act to amend an Act entitled "An Act to provide for the appointment, duties, and compensation of a Debris Commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March 24, 1893. [Approved March 17, 1897.] The People of the State of California, represented in Senate and Commis SECTION 1. Section one of the Act entitled "An Act to pro- Debris vide for the appointment, duties, and compensation of a Debris sioner. Commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March twenty-fourth, one thousand eight hundred and ninety-three, is hereby amended so as to read as follows: present Section 1. The Governor of the State of California shall, on Governor or before the first day of January, one thousand eight hundred to appoint. and ninety-eight, appoint a competent civil engineer for a period of four years only, to be known as and called the Debris Commissioner; provided, however, that the Debris Commissioner Tenure of heretofore appointed under the Act entitled "An Act to provide real. for the appointment, duties, and compensation of a Debris Commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March twenty-fourth, eighteen hundred and ninety-three, shall continue to perform the duties, and receive the compensation of that office, subject to the provisions of this Act, until the expiration of the term for which he was appointed and until the appointment and qualification of the Debris Commissioner provided for by this Act. SEC. 2. Section two of said Act is hereby amended so as to read as follows: tion. Section 2. Said commissioner shall receive a compensation compensaof ten dollars per day while actually engaged in the discharge of his duties, and his necessary traveling expenses, to be allowed by the State Board of Examiners. SEC. 3. Section three of said Act is hereby amended so as to read as follows: Section 3. It shall be the duty of the said Debris Commis- Duties. sioner to consult and advise with the members of the corps of engineers of the United States Army comprising the California Debris Commission (created by Act of Congress approved March first, eighteen hundred and ninety-three), in relation to the construction of works for the restraining and impounding of debris resulting from mining operations, natural erosion, or other causes; and it shall be his duty to examine such works, and to report the result of such examination to the State Board of Examiners. Said Debris Commissioner is further authorized Duty of State Board of Exami ners. and directed to consult and advise with said "California Debris Commission" in relation to any and all plans and specifications that may have been or may hereafter be prepared or adopted by said "California Debris Commission," for the construction of such restraining or impounding works, and said Debris. Commissioner shall submit a copy of all such plans and specifications to the State Board of Examiners for their examination and consideration, together with his approval or disapproval thereof, or other recommendation with reference thereto. The State Board of Examiners shall thereupon proceed to examine and consider the plans and specifications thus submitted to them, and in that behalf may require the attendance, counsel, and advice of said Debris Commissioner, during their examination and consideration thereof. The State Board of Examiners shall keep a record of their deliberations and shall either approve or disapprove said plans and specifications, which approval or disapproval may be by a majority vote of said board; provided, that no plans and specifications involving an expenditure on the part of the State of California of a sum greater than the appropriation herein made shall be approved. If said plans and specifications be approved by the State Board of Examiners, the said Debris Commissioner shall thereupon. report such action to said "California Debris Commission." California Whenever said "California Debris Commission" or the government of the United States shall have entered into any contract for the construction of works for the purposes described in this Act, in pursuance of plans and specifications that have been theretofore approved by the State Board of Examiners as in this Act provided, it shall then be the duty of the Debris Commissioner to carefully inspect such works during the process of their construction and to keep a record of the result of such inspection and to report the same monthly to the State Board of Examiners. Said Debris Commissioner shall also from time to time, during the process of the construction of such works, when requested so to do by the said "California Debris Commission," draw his warrants upon the State Controller in favor of such person or persons as may be designated by said "California Debris Commission" for such amounts as shall equal one half of the cost of the construction of said works; and said Debris Commissioner shall, in like manner, and when requested so to do by said "California Debris Commission," draw his warrant upon the State Controller for an amount equal to one half the purchase price of any site or sites necessary for the construction of said works; provided, that the purchase of such site or sites shall have been first approved by the State Board of Examiners; and provided further, that no warrant shall be drawn in excess of the amount appropriated by this Act. Debris Commission. Sites. Appropriation. SEC. 4. Section four of said Act is hereby amended so as to read as follows: Section 4. There is hereby appropriated out of the general fund of the treasury of this State not otherwise appropriated, the sum of two hundred and fifty thousand dollars, to be used in the construction of works for the restraining and impound ing of debris resulting from mining operations, natural erosion, or other causes, and for the purchase of sites therefor. The appropriation made by this section is intended as a re-appropriation of the sum of two hundred and fifty thousand dollars appropriated by the Act entitled "An Act to provide for the appointment, duties, and compensation of a Debris Commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March twenty-fourth, eighteen hundred and ninetythree, and it is expressly intended and provided by this Act that the State of California shall, in no event, incur any liability hereunder beyond the amount of the appropriation herein made; and no contractor, claimant, or person shall acquire any right or obligation against the State of California beyond said sum so appropriated and set apart for the purposes herein above set forth, and it is expressly declared that any claim or demand against the State of California in excess of said appropriation shall be invalid and void. Said moneys shall be paid only upon orders drawn by the State Controller upon the written request of said Debris Commissioner, as in this Act provided. SEC. 5. Section seven of said Act is hereby amended so as to read as follows: approved Board of Section 7. All expenditures authorized by the provisions of Expendithis Act shall be subject to the approval of the State Board tures to be of Examiners; and the State Controller is hereby authorized to by State draw his warrant for all expenditures not in excess of the Examiners appropriation herein provided for so approved by the State Board of Examiners, and the State Treasurer is hereby directed to pay the same. SEC. 6. This Act shall take effect immediately. CHAPTER CXIV. An Act providing for the appointment of an auditing board to the Commissioner of Public Works, authorizing and directing him and them to perform certain duties relating to drainage, to purchase machinery, tools, dredgers, and appliances therefor, to improve and rectify water channels, to erect works necessary and incident to said drainage, to condemn land and property for the purposes aforesaid, making certain acts a felony, and making an appropriation of money for the purposes of this Act. [Approved March 17, 1897.] The People of the State of California, represented in Senate and Auditing Commis SECTION 1. Within thirty days after the passage of this board to Act, the Governor shall appoint five persons, who shall citizens of the State of California, and not all members be sioner of of Works. Public |