Filing of claims. work, for this State, or by any county, city and county, city, town, or district therein, shall, before entering upon the performance of such work, file with the commissioners, managers, trustees, officers, Board of Supervisors, Board of Trustees, Common Council, or other body by whom such contract was awarded, a good and sufficient bond, to be approved by such contracting body, officers, or board, in a sum not less than one half of the total amount payable by the terms of the contract; such bond shall be executed by the contractor, and at least two sureties, in an amount not less than the sum specified in the bond, and must provide that if the contractor, person, company, or corporation, fails to pay for any materials or supplies furnished for the performance of the work contracted to be done, or for any work or labor done thereon of any kind, that the sureties will pay the same, in an amount not exceeding the sum specified in the bond; provided, that such claims shall be filed as hereafter required. SEC. 2. Any materialman, person, company, or corporation, furnishing materials or supplies used in the performance of the work contracted to be executed or performed, or any person who performed work or labor upon the same, or any person who supplies both work and materials, and whose claim has not been paid by the contractor, company, or corporation, to whom the contract has been awarded, shall, within thirty days. from the time such work is completed, file with the commissioners, managers, trustees, officers, Board of Supervisors, Board of Trustees, Common Council, or other body by whom such contract was awarded, a verified statement of such claims, together with a statement that the same has not been paid. At any time within ninety days after the filing of such claim, the person, company, or corporation filing the same may commence an action against the sureties on the bond, specified and required by section one hereof. SEC. 3. This Act shall take effect immediately. Filing of mechanics' liens. CHAPTER CXLI. An Act to amend section eleven hundred and eighty-seven of the Code of Civil Procedure, concerning the filing of mechanics' liens. [Approved March 27, 1897.] The People of the State of California, represented in Senate and Section eleven hundred and eighty-seven of the Code of Civil Procedure is hereby amended so as to read as follows: 1187. The owner of any property on which labor has been performed, or for which materials have been furnished to be used in the construction, alteration, addition to, or repair, either in whole or in part, of any work mentioned in section eleven hundred and eighty-three of this Code, must, within must state, ten days after the completion thereof, or within forty days after cessation from labor upon any unfinished contract, or upon any unfinished building, improvement, or structure, or the alteration, addition to, or the repair thereof, file for record in the office of the County Recorder of the county, or city and county, in which such property or some part thereof is situated, a notice setting forth the date when such building, improve- Notice ment, or structure, or the alteration, addition to, or repair what. thereof, was actually completed, or in case of cessation from labor for thirty days, the date on which such cessation actually occurred, and said notice shall also contain the name and the nature of the title of the person who caused the said building, improvement, or structure to be erected, or said alteration, addition to, or repair to be made, and also a description of the property sufficient for identification, and said notice must be verified by said owner or some other person in his behalf. In Neglect to case any such owner neglect to file said notice as herein required, within the time herein required, then the said owner and all persons deraigning title from him, and all persons claiming an interest in said property, shall be estopped, in any proceedings brought to foreclose any mechanics' lien or liens provided for in this chapter, from maintaining a defense therein based on the ground that said lien or liens have not been filed within the time provided in this chapter. Said notice, when so filed Fee for for record, must be recorded by the County Recorder with recording whom the same is filed for record, and the fee for recording the same shall be the sum of one dollar. file notice. notice. claim. Every original contractor, at any time after the completion of Filing of his contract, and until the expiration of sixty days after the filing of said notice of completion or notice of cessation of labor by the owner, and every person, save the original contractor, claiming the benefit of this chapter, at any time after the completion of any building, improvement, or structure, or of the alteration, addition to, or repair thereof, and until the expiration of thirty days after the filing of said notice of completion or cessation, by said owner, or within thirty days after the performance of any labor in a mining claim, must file for record with the County Recorder of the county, or city and county, in which such property or some part thereof is situated, a claim containing a statement of his demand, after deducting all just credits and offsets, with the name of the owner or reputed owner, if known, and also the name of the person by whom he was employed, or to whom he furnished the materials, with a statement of the terms, time given, and conditions of his contract, and also a description of the property to be charged with the lien, sufficient for identification, which claim must be verified by the oath of himself or of some other person; provided, how- Time in ever, that in any event all claims of lien must be filed within which ninety days after the completion of said building, improvement, be filed. or structure, or the alteration, addition to, or repair thereof. Any trivial imperfection in the said work, or in the construction of any building, improvement, or structure, or of the alteration, addition to, or repair thereof, shall not be deemed such a lack of claim must completion as to prevent the filing of any lien; and in all cases the occupation or use of a building, improvement, or structure, by the owner, or his representative, or the acceptance by said owner or his agent of said building, improvement, or structure, and cessation from labor for thirty days upon any contract or upon any building, improvement, or structure, or the alteration, addition to, or repair thereof, shall be deemed equivalent to a completion thereof for all the purposes of this chapter. Grand and from may ask Duty of Stenographic report. CHAPTER CXLII. An Act to amend sections nine hundred and twenty-five, nine hundred and twenty-eight of the Penal Code of the State of California, and to add a new section to said Code, to be known as section nine hundred and twenty-nine, relating to grand juries, their powers and duties. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section nine hundred and twenty-five of the Penal Code of the State of California is hereby amended to read as follows: 925. The grand jury may, at all times, ask the advice of jury when the court, or the judge thereof, or of the District Attorney; but whom they unless such advice is asked, the judge of the court must not advice. be present during the sessions of the grand jury. The District Attorney of the county may at all times appear before the grand jury for the purpose of giving information or advice Attorney. relative to any matter cognizable by them, and may interrogate witnesses before them whenever he thinks it necessary. The grand jury, on the demand of the District Attorney, whenever criminal causes are being investigated before them, must appoint a competent stenographic reporter to report the testimony that may be given in such causes in shorthand, and reduce the same afterward, upon the request of the said District Attorney, to longhand; a copy of the said testimony so taken must be delivered to the defendant in any such criminal cause upon the arraignment after indictment of the said defendant; the services of the said stenographic reporter is hereby constituted a charge against the county wherein the said grand jury may be impaneled. No other person other than above specified is permitted to be present during the session of the grand jury, except the members and witnesses actually under examination, and no person must be permitted to be present during the expression of their opinions, or giving their votes upon any matter before them. Who may be present during sessions. SEC. 2. Section nine hundred and twenty-eight of the Penal Code of the State of California is hereby amended to read as follows: grand jury tion of 928. It shall be the duty of the grand jury annually to Duty of make a careful and complete examination of the books, records, relative to and accounts of all the officers of the county, and especially examinathose pertaining to the revenue, and report as to the facts they books, etc. have found, with such recommendations as they may deem proper and fit; and if, in their judgment, the services of an expert are necessary, they shall have power to employ one, at an agreed compensation, not to exceed five dollars per day, payable as other county charges. The judge, on impanelment of such grand jury, shall charge them specially as to their duties under this section; provided, that if any grand jury shall, in the report above mentioned, comment upon any person or official who has not been indicted by the said grand jury, the said comments shall not be deemed to be privileged. SEC. 3. A new section is hereby added to the Penal Code of the State of California, to read as follows: recovery. 929. The grand jury, after having investigated the books Institution and accounts of the various officials of the county, as in the fore- of suits for going section provided, may order the District Attorney of the said county to institute suit to recover any moneys that, in the judgment of the said grand jury, may from any cause be due the county, and the order of the said grand jury, certified by the foreman of the said grand jury, filed with the County Clerk of the said county, shall be full authority for the said District Attorney to institute and maintain any such suit. SEC. 4. This Act shall take effect immediately. CHAPTER CXLIII. An Act making an appropriation to pay the deficiency in the appropriation for postage and contingent expenses of the Clerk of the Supreme Court, for the forty-sixth fiscal year. [Approved March 27, 1897.] The People of the State of California, represented in Senate and deficiency, Supreme SECTION 1. The sum of eight dollars and seventy-four cents Appropriais hereby appropriated to pay the deficiency in the appropria- tion fon tion for postage and contingent expenses of the Clerk of the Clerk of the Supreme Court for the forty-sixth fiscal year (this account Court. having been approved by the State Board of Examiners), and the State Controller is hereby authorized to draw his warrant for the same, and the State Treasurer is directed to pay the same. SEC. 2. This Act shall take effect immediately. Appropriation for claim of San Francisco CHAPTER CXLIV. An Act making an appropriation to pay the claim of “The Examiner," for advertising the constitutional amendments. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. The sum of four thousand seven hundred and eighty-six dollars and fifty-six cents is hereby appropriated, to pay the claim of "The Examiner," for advertising the constiExaminer. tutional amendments (the same having been approved by the State Board of Examiners), and the State Controller is hereby authorized to draw his warrant for the same, and the State Treasurer is directed to pay the same. SEC. 2. This Act shall take effect immediately. Appropriation for claim of Barry. CHAPTER CXLV. An Act making an appropriation to pay the claim of James H. Barry, publisher of the Star, for advertising the constitutional amendments. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. The sum of two hundred and fifty dollars is hereby appropriated to pay the claim of James H. Barry, James H. publisher of the Star, for advertising the constitutional amendments (the same having been approved by the State Board. of Examiners), and the State Controller is hereby authorized to draw his warrant for the same, and the State Treasurer is directed to pay the same. SEC. 2. This Act shall take effect immediately. Appropriation for CHAPTER CXLVI. An Act making an appropriation to pay the claim of James McClatchy and Company, publishers of the Bee, for advertising the constitutional amendments. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. The sum of one thousand four hundred and forty claim of dollars is hereby appropriated, to pay the claim of James Sacramen- McClatchy and Company, publishers of the Bee, for advertising to Bee. |