Material. Exception. 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. 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. Sale of water by ity. CHAPTER CXXI. An Act to provide for the sale of an excess of water when owned by a municipality. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Whenever the water supply owned by any city, excess of incorporated town, county, or city and county, is in excess of the municipal amount required to supply the water required by the inhabitants thereof, it may be declared by ordinance that such excess exists, and such excess of water may be sold outside of the limits of the corporation; but in no case shall a contract be made for a supply of any excess of water sold by a city, incorporated town, county, or city and county, outside the corporate limits, for a period longer than one year; and in no case shall such a contract be made unless the legislative authority of a city, incorporated town, county, or city and county, declare by ordinance that there exists an excess of water not required to supply the inhabitants of the city, incorporated town, county, or city and county, within the term of the contract, but water not required to supply the inhabitants of a city, incorporated town, county, or city and county, may be sold by the authorities thereof outside the corporate limits from month to month during the existence of such excess, and shall be sold only at the rates fixed for consumers inside the corporative limits. SEC. 2. This Act shall take effect immediately. CHAPTER CXXII. An Act to amend an Act entitled "An Act to provide for the organization, incorporation, and government of municipal corporations," approved March 13, 1883. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. An Act entitled an Act to provide for the organization, incorporation, and government of municipal corporations, approved March thirteenth, eighteen hundred and eighty-three, is hereby amended by adding a new section thereto, to be known as section eight hundred and thirteen, which section shall read as follows, to wit: class. Section 813. Fire departments in cities of the fifth class Fire deshall consist of volunteer companies of firemen, organized into in cities of engine, hose, or hook and ladder companies. Such fire depart- the fifth ment and such fire companies shall elect their own officers; provided, that in the election of any person as chief of any such fire department, his election shall be forthwith certified by the secretary of said department to the Board of Trustees of such city, and by them, at their next regular meeting, confirmed, and such chief shall give a bond to the chairman of the Board of Trustees of such city, in the sum of one thousand dollars; and the chief of every fire department must inquire into the Duties of cause of every fire occurring in the city, and keep a record chief. thereof. He shall have exclusive control of the working of the fire department in time of conflagration or fire. He must aid in the enforcement of all fire ordinances duly enacted, examine buildings in process of erection, report violation of ordinances relating to the prevention and extinguishment of fires when directed by the proper authorities, and institute proceedings therefor, and shall have general control, management, and direction of the fire companies, hose, hook and ladder companies, and engine, and fire departments of such city, and shall perform such other duties as may be by the ordinances of said. city, or by law, imposed upon him. His compensation, which Compensashall not be less than ten dollars per month, must be fixed and paid by the Board of City Trustees. tion. Duty of court in charging jury. CHAPTER CXXIII. An Act to amend section eleven hundred and twenty-seven of the · [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section one thousand one hundred and twentyseven of the Penal Code of the State of California is hereby amended to read as follows: 1127. In charging the jury the court must state to them all matters of law necessary for their information. All instructions given (except such as might incidentally be given during the admission of evidence) shall be in writing, unless both parties request the giving of an oral instruction, or consent thereto, and when so given orally, all instructions must be taken down by the phonographic reporter. Either party may present to the court any written charge, and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented and given or refused, the court must indorse and sign its decision. If part be given and part refused, the court must distinguish, showing by the indorsement what part of the charge was given and what part refused. Change of place of trial. CHAPTER CXXIV. An Act to amend section three hundred and ninety-eight of the [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section three hundred and ninety-eight of the 398. If an action or proceeding is commenced or pending in a court, and the judge or justice thereof is disqualified from acting as such, or if, from any cause, the court orders the place of trial changed, it must be transferred for trial to a court the parties may agree upon, by stipulation in writing, or made in open court and entered in the minutes; or, if they do not so agree, then to the nearest or most accessible court, where the like objection or cause for making the order does not exist, as follows: 1. If in a Superior Court, to another Superior Court. 2. If in a Justice's Court, to another Justice's Court in the same county. SEC. 2. This Act shall go into effect upon its passage. CHAPTER CXXV. An Act to amend section two hundred of the Code of Civil Procedure, by adding a new subdivision, to be known as subdivision number eleven, relating to exempting "exempt firemen" from jury duty. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section two hundred of the Code of Civil Procedure of the State of California is hereby amended to read as follows: 200. A person is exempt from liability to act as a juror Exempif he be: 1. A judicial, civil, or military officer of the United States, or of this State; 2. A person holding a county, city and county, or township office; 3. An attorney-at-law; 4. A minister of the gospel, or a priest of any denomination following his profession; 5. A teacher in a university, college, academy, or school; 6. A practicing physician or druggist actually engaged in the business of dispensing medicines; 7. An officer, keeper, or attendant of an almshouse, hospital, asylum, or other charitable institution; 8. Engaged in the performance of duty as officer or attendant. of the state prison or of a county jail; 9. Employed on board of a vessel navigating the waters of this State; 10. An express agent, mail carrier, superintendent, employé, or operator of a telegraph line doing a general telegraph business in this State, or keeper of a public ferry or toll-gate; 11. An active member of the National Guard of California, or an active member of a fire department of any city and county, city, town, or village in this State, or an exempt member of a duly organized fire company; 12. A superintendent, engineer, or conductor on a railroad; or, 13. A person drawn as a juror in any court of record in this State, upon a regular panel, who has served as such within a year; but this exemption shall not extend to a person who is summoned as a juror for the trial of a particular case. SEC. 2. This Act shall take effect and be in force from and after its passage. tion from jury duty. Recording of mar riage. CHAPTER CXXVI. An Act to add a new section to the Civil Code of the State of California, to be known and numbered as section seventy-nine and one half, relating to the procuring of licenses for marriage, the solemnization of marriages, and the recording of the declaration of marriage. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. That a new section is hereby added to the Civil Code of the State of California, to be known and numbered as section seventy-nine and one half, and to read as follows: 79. The provisions of this chapter, so far as they relate declaration to procuring licenses and the solemnizing of marriages, are not applicable to members of any particular religious denomination having, as such, any peculiar mode of entering the marriage relation; but such marriages shall be declared, as provided in section seventy-six of the Civil Code of this State, and shall be acknowledged and recorded, as provided in section seventyseven of said Civil Code. Where a marriage is declared as is provided in said section seventy-six, the husband shall file said declaration with the County Recorder within thirty days. after said marriage, and upon receiving the same the County Recorder shall record the same; and if the husband fail to make such declaration and file the same for record, as herein provided, he shall be liable to the same penalties as any person authorized to solemnize marriages, and who fails to make the return of such solemnization as provided by law. SEC. 2. This Act shall take effect immediately. Right of eminent domain. CHAPTER CXXVII. An Act to amend sections twelve hundred and fifty-four and twelve hundred and fifty-seven of the Code of Civil Procedure, relating to the right of eminent domain. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section twelve hundred and fifty-four of the Code of Civil Procedure is hereby amended to read as follows: 1254. At any time after the filing of the complaint, and the issuance and service of the summons thereon, the court may, upon notice to the defendant by said court, by an order in that behalf made, authorize the plaintiff, if already in |