Rules 1. That place must be considered and held to be the residence governing of a person in which his habitation is fixed, and to which, place of residence. whenever he is absent, he has the intention of returning; 2. A person must not be held to have gained or lost residence by reason of his presence or absence from a place while employed in the service of the United States, or of this State, nor while engaged in navigation, nor while a student at any institution of learning, nor while kept in an almshouse, asylum, or prison; 3. A person must not be considered to have lost his residence who leaves his home to go into another State, or precinct in this State, for temporary purposes merely, with the intention of returning; 4. A person must not be considered to have gained a residence in any precinct into which he comes for temporary purposes merely, without the intention of making such precinct his home; 5. If a person remove to another State with the intention of making it his residence, he loses his residence in this State; 6. If a person remove to another State with the intention of remaining there for an indefinite time, and as a place of present residence, he loses his residence in this State, notwithstanding he entertains an intention of returning at some future period; 7. The place where a man's family resides must be held to be his residence; but if it be a place for temporary establishment for his family, or for transient objects, it is otherwise; 8. If a man have a family fixed in one place, and he does business in another, the former must be considered his place of residence; but any man having a family, and who has taken up his abode with the intention of remaining, and whose family does not so reside with him, must be regarded as a resident where he has so taken up his abode; 9. The mere intention to acquire a new residence, without the fact of removal, avails nothing; neither does the fact of removal, without the intention. SEC. 2. This Act shall take effect and be in force from and after its passage. Salaries of officers of CHAPTER CXXXII. An Act relating to fire departments of municipalities of the first class, and fixing the salaries of officers thereof. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. In municipalities of the first class the following fire depart officers of its fire department shall receive the following salaries ments in cities of per annum: first class. Chief engineer, five thousand dollars. Assistant chief engineer, three thousand six hundred dollars. Assistant engineers, two thousand one hundred dollars each. SEC. 2. This Act shall take effect immediately. CHAPTER CXXXIII. An Act to amend section three thousand four hundred and ninetythree of the Political Code of the State of California, relating to the dissolution of swamp land or reclamation districts. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section three thousand four hundred and ninetythree of the Political Code of the State of California is amended so as to read as follows: may bring for dissolu district. 3493. An action may be brought by the Attorney- AttorneyGeneral, in the name of the people of this State, upon his own General information or upon the complaint of a private party, for the an action dissolution of a swamp land or reclamation district for a non- tion of recuser of its corporate powers. In such action the complaint and lamation summons may be served personally upon a majority of the trustees of such district, or upon the president of the board of trustees. If two or more districts have been formed to include all or a portion of the same lands, they may all be joined in the same action. In any such action, when service of sum- Date of mons has been made upon the defendant or defendants, and hearing. the defendant or defendants have appeared or default been entered, the court, upon the application of any of the parties, shall thereupon enter an order fixing a day for hearing, which shall not be less than twenty-five days from the date of the order, and shall, also, enter an order directing notice by publication to be given by the clerk to all persons interested in said district or districts, either as owner or owners of land in said district or districts, or creditors of said district or districts, or otherwise, requiring them to be and appear on the day fixed for the hearing of said cause, if any they have, why the district or districts named in the complaint, as defendant or defendants, should not be dissolved. The court shall order the notice to be served by publication in some newspaper of general circulation published in the county where the district or districts are situated, for a period of not less than twenty days. On the day fixed for a hearing, or some later date to which the cause may be continued, the court may pro Notice. ceed with the hearing, due proof having been first made of the service of the notice by publication for the length of time required by the order. Any person interested in the district or districts that is defendant or defendants shall, upon showing his interest, be allowed to file an answer or objections to the dissolutions of the defendant or defendants, and shall from the filing of said answer or objections become a party defendant, and be entitled to all the rights of a defendant in any civil action. Vacancies. Any vacancy in the board of trustees heretofore or hereafter caused by resignation, death, removal from the State, or otherwise, may be filled by the Board of Supervisors of the county in which the district is situated upon the application of any person or persons owning land in the district. The appointment of a trustee or trustees to fill a vacancy or vacancies shall not operate to destroy or remove any cause of action existing before such appointment or appointments were made, against the corporation or district for non-user of its corporate powers; provided, suit be commenced within one year after the passage of this Act. If upon the trial of any such action it be determined by the court: When 1. That trustees have not been elected for said corporation court shall within five years prior to the passage of this Act; enter decree. 2. That the trustees have not within five years prior to the passage of this Act exercised any of the powers of a corporation, or performed any of the duties of trustees; 3. That the corporation is not in debt, or if in debt, that all claims are barred by the statute of limitations, the court shall then enter a decree dissolving the corporation, or make such further order as may be deemed necessary to protect the rights of all parties interested. SEC. 2. This Act shall take effect from its passage. Formation of reclamation districts. CHAPTER CXXXIV. An Act to amend section three thousand four hundred and seventy-two of the Political Code of the State of California, relating to the formation of swamp land or reclamation districts. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section three thousand four hundred and seventytwo of the Political Code of the State of California is amended so as to read as follows: 3472. Whenever any district, susceptible of one mode of reclamation, is entirely owned by parties who desire to reclaim the same, and to manage the reclamation without the intervention of trustees or the establishment of by-laws, they may file the petition provided for in sections thirty-four hundred and forty-six and thirty-four hundred and forty-seven, and must state therein that they intend to undertake the reclamation on their own responsibility. The existence of a reclamation district formed to operate without the intervention of trustees shall not have the effect to prevent the owners of the land included in such district from forming a district to operate with trustees, and such owners may present to the Board of Supervisors the petition provided for in section thirty-four hundred and forty-six or in section thirty-four hundred and ninetytwo, and the presentation of such petition shall be deemed an abandonment and surrender of the rights, immunities, and privileges conferred upon such owners or their predecessors or predecessor in interest in such land by the creation of such original district. SEC. 2. This Act shall take effect from its passage. CHAPTER CXXXV. An Act to amend section one thousand two hundred and thirtyeight of the Penal Code, relating to appeals by the people. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section one thousand two hundred and thirtyeight of the Penal Code is hereby amended so as to read as follows: 1238. An appeal may be taken by the people: When an appeal by the people 1. From an order setting aside the indictment or information; 2. From a judgment for the defendant on a demurrer to the may be indictment or information; taken. 3. From an order granting a new trial; 4. From an order arresting judgment; 5. From an order made after judgment, affecting the substan tial rights of the people; 6. From an order of the court directing the jury to find for the defendant. SEC. 2. This Act shall take effect immediately. Powers of estate. Water and electric light works. Bridges, streets, CHAPTER CXXXVI. An Act amending section seven hundred and sixty-four of an Act entitled "An Act to provide for the organization, incorporation, and government of municipal corporations," approved March 13, 1883, relating to the powers of the Boards of Trustees of certain cities. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section seven hundred and sixty-four of 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 so as to read as follows: Section 764. The Board of Trustees of such city shall have power: 1. To pass ordinances not in conflict with the Constitution and laws of this State, or of the United States. 2. To purchase, lease, or receive such real estate and personal property as may be necessary or proper for municipal purposes, and to control, dispose of, and convey the same for the benefit of the city; provided, that they shall not have any power to sell or convey any portion of any waterfront; but may rent such waterfront for a term not exceeding ten years for the purposes of erecting bath-houses thereon. 3. To contract for supplying the city with water and electric or other lights for municipal purposes; to purchase, lease, or construct waterworks, and electric plant, and all machinery, conductors, and appliances necessary therefor; and to supply said city with, and to sell to the inhabitants thereof, water, light, heat, and power; provided, that in all cases where the estimated total value or price of the waterworks or electric plant sought to be purchased, constructed, or leased, together with all machinery, appliances, and appurtenances necessary therefor, shall not exceed the sum of ten thousand dollars; no such purchase or lease shall be made unless the question of acquiring such property is submitted to the voters of such city, in the same manner as other propositions, at a general or special municipal election, and a majority of the electors, voting at such election, shall vote in favor of such proposition. 4. To establish, build, and repair bridges; to establish, lay alleys, etc. out, alter, keep open, open, improve, and repair streets, sidewalks, alleys, squares, and other public highways and places within the city, and to drain, sprinkle, and light the same; to remove all obstructions therefrom; to establish the grades thereof; to grade, pave, macadamize, gravel, and curb the same in whole or in part, and to construct gutters, culverts, sidewalks, and crosswalks therein, or upon any part thereof; to cause to be planted, set out, and cultivated shade trees therein; |