CHAPTER XXII. An Act entitled an Act to amend section one of an Act entitled "An Act to provide for the disincorporation of municipal corporations of the sixth class," approved March 26, 1895. [Approved February 23, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section one of an Act entitled "An Act to provide for the disincorporation of municipal corporations of the sixth class," approved March twenty-sixth, eighteen hundred and ninety-five, is hereby amended to read as follows: tions of the may disin how. Section 1. A municipal corporation of the sixth class may Municipal disincorporate after proceedings had as required in this Act. corpora The Council, the Board of Trustees, or other legislative body sixth class of such corporation shall, upon receiving a petition therefor, corporate, signed by not less than one half of the qualified electors thereof, as shown by the vote cast at the last municipal election held therein, submit to the electors of such corporation the question whether such municipal corporation shall disincorporate. Such question shall be submitted at a special election to be held special for that purpose, and such legislative body shall give notice election. thereof by publication in a newspaper printed or published in such corporation, or if there is no newspaper published in said. corporation, then in some newspaper published in the county in which said corporation is situated, for a period of thirty days prior to such election. Said notice shall state that the question Notice of disincorporating said corporation will be submitted to the of election. legal voters of the same at the time appointed for such election, and the electors shall be invited thereby to vote upon such proposition by placing upon their ballots the cross, as provided by law, after the words "For disincorporation," or "Against disincorporation." Such legislative body shall also designate in said notice the place or places at which the polls will be open in said municipal corporation; and shall also appoint and designate in such notice the names of the officers of election. The vote at said election shall be taken, canvassed, and returned Canvass in the same manner as in other municipal elections. Such legislative body shall meet on the Monday next succeeding the day of such election, and proceed to canvass the votes cast thereat. If it be found by the canvass of said votes that less Two-thirds than two thirds of the votes cast were in favor of disincor- vote poration, such legislative body shall declare the petition for disincorporation denied; in which case no new election shall be held on the question of disincorporating the corporation election for involved in said petition and vote until after the expiration of two years from date of the election so held. In case it shall appear from said canvass that two thirds of all the votes cast were in favor of disincorporation, said legislative body shall, under their hands, make and file in their office, and cause to be of votes. necessary. No new two years. Duty of body in incorpora tion. ness. entered upon their record of proceedings, an order that the petition for such disincorporation be granted, and declaring that such corporation be disincorporated; said order to take effect at the time hereinafter provided. Said legislative body shall, in case said corporation is so legislative disincorporated, forthwith cause their clerk, or other officer case of dis- performing the duties of clerk, by an order entered in their minutes, to make and transmit to the Secretary of State and Board of Supervisors of the county in which said corporation is situated, a certified copy and abstract of the notice of election herein before provided for, the whole number of electors voting for said disincorporation, and the number of electors voting against said disincorporation. Thirty days from and after the holding of the election, in case two thirds of the said votes were cast in favor of said disincorporation, said municipal corporation shall be forever disincorporated. Said legislative body shall forthwith, after ascertaining by said canvass that said disincorporation has been carried, Indebted determine the amount of the indebtedness of said municipal corporation, the amount of money in the treasury thereof, and the amount of any tax levy made by said corporation unpaid or not due, and all other indebtedness due or coming due to said corporation, and within thirty days from the date of said election shall transmit a certified statement of said amount to the Board of Supervisors of the county in which said municipal corporation is situated; and the treasurer of said corporation shall, before the expiration of said thirty days, turn over to the treasurer of said county all moneys of said municipal corporation in his possession, and said County Treasurer shall place said moneys in a special fund, to be drawn upon as hereinafter provided for. Upon the disincorporation of said municipal corporation, every public officer of said corporation shall immediately turn over to the Board of Supervisors of the county in which said corporation is situated, all public property of every nature and description in their possession; provided, however, that all court records of the Recorder's Court of the said municipal corporation shall be retained by said Recorder as Justice of the Peace of the township, and as such Justice of the Peace he shall have authority to execute and complete all unfinished business standing on the same. Nothing contained in this Act shall be held to relieve said municipal corporation, or the territory included within it, from any liability for any debt contracted by such municipal corporation prior to its disincorporation. Warrants All warrants for said indebtedness shall be drawn by the Board for debts. of Supervisors of the county in which said municipal corporation is situated, on the fund herein above provided for in the county treasury. If, at the time of said disincorporation, a tax shall have been levied by said municipal corporation, and remains uncollected, it shall be the duty of the Tax Collector of the county in which said municipal corporation was situated to collect said tax when due, and pay the same into the county treasury to the credit of the fund herein above provided for. If, at any time after the disincorporation of any such municipal Court records. corporation, it should be found that there is not sufficient Tax money in the treasury to the credit of the fund herein above levy for deficiency. provided for, with which to pay any indebtedness of said municipal corporation, the Board of Supervisors of said county shall have the power, and it shall be their duty to levy, and there shall be collected from the territory formerly included within said municipal corporation, a tax or taxes sufficient in amount to pay the said indebtedness, or indebtedness of said municipal corporation; such tax or taxes, assessment, and collection shall be made in the same manner and at the same time that other taxes of said county are levied and collected. and shall be an additional tax upon the property included within said territory for the payment of said debts. If, after surplus. payment of the debts of said municipal corporation, there shall remain any surplus in the hands of said County Treasurer to the credit of the fund herein before mentioned, the money so remaining shall be transferred to the school fund of the districts or district covered by said municipal corporation. CHAPTER XXIII. An Act to amend section three hundred and eighty-three of the [Approved February 23, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section three hundred and eighty-three of the Code of Civil Procedure of California is hereby amended to read as follows: liable may in one 383. Persons severally liable upon the same obligation or Persons instrument, including the parties to bills of exchange and severally promissory notes, and sureties on the same or separate instru- be included ments, may all or any of them be included in the same action, action. at the option of the plaintiff; and all or any of them join as plaintiffs in the same action, concerning or affecting the obligation or instrument upon which they are severally liable. Taking trout. Lawful nets. CHAPTER XXIV. An Act to amend sections six hundred and thirty-two and six hundred and thirty-four of the Penal Code of the State of California, relating to fish. [Approved February 25, 1897.] The People of the State of California, represented in the Senate and Assembly, do enact as follows: SECTION 1. Section six hundred and thirty-two of the Penal Code is hereby amended to read as follows: 632. Every person who buys, sells, offers or exposes for and selling sale any kind of trout less than six inches in length; every person who takes, catches, kills, buys, sells, exposes or offers for sale, or has in his possession any salmon trout, brook, or lake trout, or any variety of trout, except steelhead trout (Salmo gairdneri), between the first day of December and the first day of April of the following year; every person who buys, sells, offers or exposes for sale any steelhead trout (Salmo gairdneri), between the first day of February and the first day of May of each year; every person who, at any time, takes or catches any trout, except with hook and line, is guilty of a misdemeanor; provided, however, that steelhead trout (Salmo gairdneri) may be taken in tide water, between the first day of May and the first day of February of the following year, with lawful nets; and a lawful net shall be a net that when placed in the water is unsecured and free to float with the current or tide, and the meshes of which are, when drawn closely together and measured inside the knot, not less than seven and one half inches in length. Every person found guilty of any violation of any of the provisions of this section Penalties. shall be fined in a sum not less than twenty dollars, or be imprisoned in the county jail in the county in which conviction. shall be had not less than ten days, or be punished by both such fine and imprisonment; and all fines imposed and collected for any violation of any of the provisions of this section shall be paid into the "Fish Commission fund." Nothing in this Steelhead section shall prohibit the possession at any time of steelhead trout (Salmo gairdneri) when taken in tide water with hook and line, and nothing shall prohibit the United States Fish U. S. Fish Commission and the Fish Commission of this State from taking, at all such times, such fish as they deem necessary for the purpose of artificial hatching. trout. Commis sion, etc. Taking salmon. SEC. 2. Section six hundred and thirty-four of the Penal Code is hereby amended to read as follows: 634. Every person who, between the tenth day of Sepand selling tember and the sixteenth day of October of each year, takes or catches, buys, sells, offers or exposes for sale, or has in his possession any fresh salmon; every person who, between the fifteenth day of October and the fifteenth day of November of each year, takes or catches any salmon above tide water; every person who shall set or draw, or assist in setting or drawing, any net or seine for the purpose of taking or catching salmon, shad, striped bass, or sturgeon, in any of the waters of the State, at any time between sunrise of each Saturday and sunset of the following Sunday; every person who, for the purpose of catching salmon, shad, striped bass, or sturgeon, in any of the waters of the State, fish with or use any seine or net, drag-net, Nets. or paranzella, the meshes of which are, when drawn closely together and measured inside the knot, less than seven and one half inches in length, is guilty of a misdemeanor, and is punishable by a fine not less than two hundred dollars, or by Penalty. imprisonment in the county jail in which the conviction shall be had, not less than one hundred and fifty days, or by both such fine and imprisonment, and all the fines imposed and collected for any violations of the provisions of this section shall be paid into the "Fish Commission fund." In the construction and meaning of this section, the limits of tide water Tide water in the Sacramento River shall be deemed to extend from its mouth to the City of Sacramento; in the San Joaquin River, from its mouth to the Southern Pacific Railroad bridge near Lathrop, in San Joaquin County; in Eel River, in Humboldt County, from its mouth to East Ferry, above the town of Fortuna; in the Klamath River, to a point on the river north of the residence of James McGarvey; in Smith River, in Del Norte County, from its mouth to Higgins Ferry. Nothing in this section shall prohibit the United States Fish Commission U. S. Fish and the Fish Commission of this State, from taking, at all sion, etc. times, such fish as they deem necessary for the purposes of artificial hatching. It shall be no defense in a prosecution for the violation of any of the provisions of this section that the fish were caught or taken outside or within this State. SEC. 3. All Act and parts of Act, in conflict with this Act, are hereby repealed. SEC. 4. This Act shall take effect from and after its passage. limits. Commis CHAPTER XXV. An Act concerning bridges across navigable streams. [Approved February 25, 1897.] The People of the State of California, represented in Senate and to bridges streams. SECTION 1. The Board of Supervisors of any county in this Relating State now controlling or maintaining, by virtue of any statute, across any bridge across any navigable stream wholly or in part navigable within the boundary lines of any municipal corporation, is hereby authorized and empowered, whenever it may become necessary, in the interest of commerce or by reason of any such bridge being out of repair, to reconstruct and rebuild any part |