possession. possession, to continue in the possession and use, and if not in Putting possession, to take possession of and use the land and premises plaintiff in sought to be condemned, during the pendency and until the final conclusion of the proceedings brought to condemn the same, and may stay all actions and proceedings against such plaintiff on account thereof; provided, however, that in and by said order security. said plaintiff shall be ordered to pay, and thereafter and before the taking of such possession, or of the further continuance in possession of any such land and premises, pay a sufficient sum of money into court, or give security for the payment thereof, to be approved by the judge of such court, to compensate said defendant for all damages which may be sustained by said defendant by reason of such proceedings, or of any such condemnation; provided, the condemnation shall be finally had of condemthe said land and premises, together with all damages which nation. may be sustained by the said defendant, if the said proceedings for said condemnation shall finally fail; or if for any cause the said land and premises shall not be taken for the public use for which the same is sought to be condemned, and upon the deposit of the said money, or upon the giving of such security, as ordered by the court, the said plaintiff, by the said order of the said court, shall be let into the possession and use of said land and premises sought to be condemned, or be continued in the possession and use thereof, in the same manner and to the same effect as the said plaintiff would be entitled after the trial of such proceedings and the entry of final judgment therein, except that the right of said plaintiff to retain such possession and to use said land and premises shall be determined by said final judgment, and in case of a refusal of the defendant, upon the order of said court, to allow the said plaintiff to enter into the possession and use of said land and premises, or any part thereof, the said court, upon application of said plaintiff, shall issue a writ of assistance of the same force and effect as writs of assistance are issued in other cases in which writs of assistance are issuable, which said writ shall be executed by the Sheriff of the county wherein the said land and premises may be situated, without delay. ant's The defendant who is entitled to the said money paid into Defendcourt as aforesaid, or upon any judgment in such proceedings, rights. shall be entitled to demand and receive the same at any time thereafter upon obtaining an order therefor from the court. It shall be the duty of the court, upon application being made by such defendant, to order and direct that the money so paid into court be delivered to him upon his filing a satisfaction of the judgment, or upon filing his receipt therefor, and an abandonment of all defenses to the action or proceeding, except as to the amount of damages that he may be entitled to in the event that a new trial shall be granted. A payment to defendant, as aforesaid, shall be held to be an abandonment by such defendant of all defenses interposed by him, excepting his claim for Payment greater compensation. In ascertaining the amount to be paid of money into court, the court shall take care that the same be sufficient discharge and adequate. The payment of the money into court, as here- tiff does not the plain inbefore provided for, shall not discharge the plaintiff from liability to keep the said fund full and without diminution; but such money shall be and remain, as to all accidents, defalcations, or other contingencies (as between the parties to the proceedings), at the risk of the plaintiff, and shall so remain until the amount of the compensation or damages is finally settled by judicial determination, and until the court awards the money, or such part thereof as shall be determined upon, to the defendant, and until he is authorized or required by order of court to take it. If, for any reason, the money shall at any time be lost, or otherwise abstracted or withdrawn, through no fault of the defendant, the court shall require the plaintiff to make and keep the sum good at all times until the litigation is finally brought to an end, and until paid over or made payable to the defendant by order of court, as above provided, and until such time or times the County Clerk shall be deemed to be the custodian of the money, and shall be liable to the plaintiff upon his official bond for the same, or any part thereof, in case it be for any reason lost or otherwise abstracted or withdrawn. The court, however, may order the money to be Treasurer. deposited in the state treasury, and in such case it shall be the duty of the State Treasurer to receive all such moneys, duly receipt for, and safely keep the same in a special fund, to be entered upon his books as a condemnation fund for such purpose, and for such duty he shall be liable to the plaintiff upon his official bond. The State Treasurer shall pay out such money so deposited in such manner and at such times as the court may, by order, direct. In all cases where a new trial has been granted upon the application of the defendant, and he has failed upon such trial to obtain greater compensation than was allowed him upon the first trial, the costs of such new trial shall be taxed against him. Duty of State New trials and appeals. SEC. 2. Section twelve hundred and fifty-seven of the Code of Civil Procedure is hereby amended to read as follows: 1257. The provisions of part two of this Code, relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this title, apply to the proceedings mentioned in this title; provided, that upon the payment of the sum of money assessed, and upon the execution of the bond to build the fences and cattle-guards, as provided in section twelve hundred and fifty-one, the plaintiff shall be entitled to enter into, improve, and hold possession of the property sought to be condemned, if not already in possession, or shall have been let into the possession and use thereof, as provided in section twelve hundred and fifty-four, and devote the same to the public use in question; and no motion for a new trial or appeal shall, after such payment and filing of such bond as aforesaid, in any manner retard the contemplated improvement. Any money which shall have been deposited, as provided in section twelve hundred and fifty-four, may be applied to the payment of the money assessed, and the remainder, if any there be, shall be returned to the plaintiff. SEC. 3. This Act shall take effect immediately. CHAPTER CXXVIII. An Act to appropriate one thousand five hundred and thirty-five and twenty-five one hundredths dollars to pay the claim of W. W. Foote and Garret W. McEnerney for legal services rendered and expenses incurred by them in that certain action commenced in and decided by the Supreme Court of the State of California, and which was therein entitled "The People of the State of California, on the relation of John C. Lynch, petitioners, vs. James H. Budd, respondent," and numbered S. F. No. 600. [Approved March 27, 1897.] The People of the State of California, represented in Senate and State vs. Budd. SECTION 1. The sum of one thousand five hundred and Appropriation to pay thirty-five and twenty-five one hundredths dollars is hereby for legal appropriated out of any money in the state treasury not other- services, wise appropriated, to pay the claim of W. W. Foote and Garret James H. W. McEnerney for legal services rendered and expenses incurred by them in that certain action commenced in and decided by the Supreme Court of the State of California, wherein the People of the State of California, on the relation of John C. Lynch, were petitioners, and in which James H. Budd, as Governor of the State of California, was respondent, and which action was numbered S. F. No. 600. Said action involved the question as to whether there should be an election in November, eighteen hundred and ninety-six, to fill an unexpired term in the office of Lieutenant-Governor. Said W. W. Foote and Garret W. McEnerney were, with the consent of the Attorney-General, employed by said Governor, to represent him and defend the said action, and their aforesaid claim has been approved by the State Board of Examiners. SEC. 2. The Controller of the State is hereby directed to draw his warrant for the sum of one thousand five hundred and thirty-five and twenty-five one hundredths dollars in favor of said W. W. Foote and Garret W. McEnerney, and the Treasurer is hereby directed to pay the same. SEC. 3. This Act shall take effect from and after its passage. Every and every must be by chief executive CHAPTER CXXIX. An Act to require ordinances and resolutions passed by the City Council or other legislative body of any municipality to be presented to the Mayor or other chief executive officer of such municipality for his approval. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Every ordinance and every resolution of the City ordinance Council of any municipality providing for any specific improveresolution ment, or the granting of any franchise, or other privilege, or approved affecting real property interests, or the expenditure of more than one hundred dollars of the public moneys, or levying of munici- tax or assessment, or establishing rates for artificial light, and pality. every ordinance or resolution imposing a duty or penalty, which shall have passed the City Council, shall, before it takes effect, be presented to the Mayor for his approval. The Mayor shall return such ordinance or resolution to the City Council within ten days after receiving it. If he approve it he shall sign it, and it shall then take effect. If he disapprove it he shall specify his objections thereto in writing. If he do not return it with such disapproval within the time above specified, it shall take effect as if he had approved it. The objections of Objections. the Mayor shall be entered at large on the journal of the City Council, and the City Council shall cause the same to be immediately published. The City Council shall, after five and within thirty days after such ordinance or resolution shall have been returned with the Mayor's disapproval, reconsider and Passage on vote upon the same; and if the same shall, upon reconsideration, reconsider be again passed by the affirmative vote of not less than three fourths of all the members, the presiding officer shall certify that fact on the ordinance or resolution, and when so certified, it shall take effect as if it had received the approval of the Mayor; but if the ordinance or resolution shall fail to receive, upon the first vote thereon after its return with the Mayor's disapproval, the affirmative votes of three fourths of all the members, it shall be deemed finally lost. The vote on such reconsideration shall be taken by ayes and noes, and the names of the members voting for or against the same shall be entered in the journal; provided, that the provisions of this section Exception. shall not apply to cities in which the Mayor is a member of the City Council, or other governing body. ation vote. "Municipality" and "city" defined. "City SEC. 2. The word "municipality," and the word "city," as used in this Act, shall be understood and so construed as to include, and is hereby declared to include, all corporations heretofore organized and now existing, and those hereafter organized, for municipal purposes. SEC. 3. The term "City Council" is hereby declared to Council." include any body or board which, under the law, is the legislative department of the government of any city. Mayor. SEC. 4. In municipalities in which there is no Mayor, then cities the duties imposed upon said officer by the provisions of this having no Act shall be performed by the President of the Board of Trustees, or other chief executive officer of the municipality. SEC. 5. This Act shall take effect and be in force from and after its passage, and all Acts and parts of Acts in conflict with this Act are hereby repealed. CHAPTER CXXX. 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.] The People of the State of California, represented in Senate and for roads horseless SECTION 1. The legislative or other body to whom is Franchises intrusted the government of any county, city and county, city, for bicycles or town, may, under such regulations, restrictions, and limita- and tions as it may provide, subject to existing laws, grant fran- vehicles. chises 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, tricycles, 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. CHAPTER CXXXI. An Act to amend section twelve hundred and thirty-nine of the Political Code, relating to rules for determining question of residence. [Approved March 27, 1897.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section twelve hundred and thirty-nine of the Rules Political Code is amended so as to read as follows: governing place of 1239. The board of election, in determining the place of residence. residence of any person, must be governed by the following rules, as far as they are applicable: |