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appoint a receiver, the execution of the judgment or order cannot be stayed by appeal, unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that if such judgment or order be affirmed or the appeal dismissed, the appellant will pay all damages which the respondent may sustain by reason of such stay, not exceeding an amount to be fixed by the judge of the court by which the judgment was rendered or order made, which amount must be specified in the undertaking. If the judgment or order appealed from direct the sale of personal property upon the foreclosure of a mortgage thereon, the execution of the judgment or order cannot be stayed on appeal, unless an undertaking be entered into on the part of the appellant, with at least two sureties, in such amount as the court, or the judge thereof, may direct, to the effect that the appellant will, on demand, deliver the mortgaged property to the proper officer if the judgment be affirmed, or in default of such delivery that the appellant and sureties will, on demand, pay to the proper officer the full value of such property at the date of the appeal.

CHAPTER LXV.

An Act to amend an Act entitled "An Act to create and organize the University of California," approved March 23, 1868, and an Act amendatory of section twenty-five thereof, approved March 28, 1872, relating to the construction of buildings.

[Approved March 3, 1897.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section twenty-five of said Act, approved March twenty-third, eighteen hundred and sixty-eight, is hereby amended so as to read as follows:

tion of

versity of

Section 25. The regents shall devise, and cause to be con- Construcstructed, such buildings as shall be needed for the use of the buildings University of California. Such a plan shall be adopted that for Uniseparate buildings may be constructed and set aside for California. separate uses, yet such buildings shall be grouped upon a general plan so that such buildings may harmonize therewith, and be a part of one design. The construction and equipment of the buildings shall in every instance be let upon specifications and advertisement of not less than ten days in at least two daily newspapers of the City and County of San Francisco, to the lowest responsible bidder upon sealed proposals. The regents may require adequate security from all bidders, and shall have power to reject any and all bids and advertise anew. They shall take measures for the immediate and permanent improvement of the grounds of the university, and may make such contracts therefor, or for any part thereof, as they may deem advisable. The provisions of all Acts for the erection of

state buildings, or the improvement of state grounds, in conflict with this Act, shall not apply to the grounds and buildings of the University of California.

SEC. 2. This Act to take effect immediately.

Executor

trator must make returns of sales of

CHAPTER LXVI.

An Act to amend section fifteen hundred and seventy-five of the
Code of Civil Procedure.

[Approved March 3, 1897.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section fifteen hundred and seventy-five of the
Code of Civil Procedure is amended to read as follows:

1575. When a sale has been made by an executor or or adminis administrator of any property of the estate, real or personal, he must return to the court, within thirty days thereafter, an account of sales, verified by his affidavit, or in case of his property. absence from the county, or other inability, by the affidavit of his attorney. If he neglects to make such return, he may be Penalty for punished by attachment, or his letters may be revoked, one day's notice having been first given him to appear and show cause why such attachment should not issue, or such revocation should not be made.

neglect.

SEC. 2. This Act shall take effect immediately.

CHAPTER LXVII.

An Act to add two new sections to the Code of Civil Procedure, said sections to be designated as sections six hundred and sixtythree and six hundred and sixty-three and one half, respectively, providing for the setting aside of a judgment of a Superior Court and the rendition of a new judgment without a new trial.

[Approved March 3, 1897.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Two new sections are hereby added to the Code of Civil Procedure, next after section six hundred sixty-two, and included in part two, title eight, chapter seven, and to be numbered and designated as sections six hundred sixty-three and sections six hundred sixty-three and one half, respectively, Judgment to read as follows:

may be

set aside, when.

663. A judgment or decree of a Superior Court, when based upon findings of fact made by the court, or the special verdict

of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of such party and entitling him to a different judgment:

1. Incorrect or erroneous conclusions of law not consistent with or not supported by the findings of fact; and in such case when the judgment is set aside, the conclusions of law shall be amended and corrected.

2. A judgment or decree not consistent with or not supported by the special verdict.

making

shall file

663. The party intending to make the motion mentioned Party in the last section must, within ten days after notice of the motion rendition of judgment or decree, serve upon the adverse party notice, etc. and file with the clerk of the court a notice of his intention, designating the grounds upon which the motion will be made, and specifying the particulars in which the conclusions of law are not consistent with the finding of facts, or in which the judgment or decree is not consistent with the special verdict. The said party must, within sixty days after giving such notice of intention, make the motion to the court, after giving due notice of the time of making such motion to the adverse party; but the hearing or consideration of such motion may be further continued by the court.

SEC. 2. This Act shall go into effect upon its passage.

CHAPTER LXVIII.

An Act to amend section one thousand two hundred and thirteen of the Civil Code of the State of California, relative to the recording of conveyances.

[Approved March 3, 1897.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section one thousand two hundred and thirteen of the Civil Code of the State of California is hereby amended to read as follows:

with

is con

notice, etc.

1213. Every conveyance of real property, acknowledged or Conveyproved, and certified and recorded, as prescribed by law, from ance filed the time it is filed with the Recorder for record, is constructive Recorder notice of the contents thereof to subsequent purchasers and structive mortgagees; and a certified copy of any such recorded conveyance may be recorded in any other county, and when so recorded the record thereof shall have the same force and effect as though it was of the original conveyance. SEC. 2. This Act shall take effect immediately.

Consanguinity or affinity, bar to appointment

CHAPTER LXIX.

An Act to amend sections five hundred and sixty-six and six hun-
dred and forty-one of an Act entitled "An Act to establish a
Code of Civil Procedure of the State of California," approved
March 11, 1872, in relation to receivers and referees.

[Approved March 3, 1897.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section five hundred and sixty-six of the Code of Civil Procedure is amended to read as follows:

566. No party, or attorney, or person interested in an action, or related to any judge of the court by consanguinity or affinity within the third degree, can be appointed receiver as receiver. therein without the written consent of the parties, filed with the clerk. If a receiver be appointed upon an ex parte application, the court, before making the order, may require from the applicant an undertaking, with sufficient sureties, in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages he may sustain by reason of the appointment of such receiver and the entry by him upon his duties, in case the applicant shall have procured such appointment wrongfully, maliciously, or without sufficient cause; and the court may, in its discretion, at any time after said appointment, require an additional undertaking.

Grounds for objec

tion to appointment.

SEC. 2. Section six hundred and forty-one of the Code of Civil Procedure is amended to read as follows:

641. Either party may object to the appointment of any person as referee, on one or more of the following grounds:

1. A want of any of the qualifications prescribed by statute to render a person competent as a juror;

2. Consanguinity, or affinity, within the third degree, to either party, or to any judge of the court in which the appointment shall be made;

3. Standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent, to either party; or being a member of the family of either party; or a partner in business with either party; or being security on any bond or obligation for either party;

4. Having served as a juror or been a witness on any trial between the same parties for the same cause of action;

5. Interest on the part of such person in the event of the action, or in the main question involved in the action;

6. Having formed or expressed an unqualified opinion or belief as to the merits of the action;

7. The existence of a state of mind in such person evincing enmity against or bias to either party.

CHAPTER LXX.

An Act to provide for increasing the efficiency of fire departments within municipalities of the first class in the State of California.

[Approved March 4, 1897.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

for organ

ment.

SECTION 1. Whenever the public interest, safety, or con- Providing venience may require, or it be deemed expedient, the City ization of Council of any municipality of the first class may, by ordi- fire departnance, make and enforce such rules and regulations within said municipality as may be necessary or proper for increasing the efficiency of its fire department, and to that end, among other things, may provide for and authorize the appointment and continued employment of such officers, engineers, members, firemen, employés, and other help in and for said fire department, in addition to those whose employment is now or may be hereafter authorized by law, as the needs of said department may require; and may fix their salaries and compensation, and may increase the salaries and compensation of the officers, engineers, members, firemen, employés, and other help now or hereafter authorized by law, whose salaries and compensation, as now or hereafter fixed, may be deemed inadequate. And said City Council may in like manner provide for the purchase Purchase and repair, and authorize to be purchased and kept in repair, ratus, etc. in addition to those for the purchase and repair of which provision is now or may be hereafter made by law, all additional engines, horses, hook-and-ladder wagons, and all such other engines, machinery, implements, extinguishers, and other apparatus that may be necessary, advantageous, or auxiliary, to extinguish or afford adequate protection against fire. And in order to provide the necessary funds with which to accomplish the foregoing ends, may make all necessary and supplementary appropriations, allowances, and payments in addition to those now or hereafter authorized by law.

of appa

SEC. 2. The officers, engineers, members, firemen, employés, Control of and other help to be appointed as provided in section one of appointees. this Act, shall be appointed, governed, and controlled in the same manner and by the same laws as their fellow officers, engineers, members, firemen, employés, and other help whose appointment is now or may be hereafter authorized by law are appointed, governed, and controlled. The engines, wagons, machinery, implements, extinguishers, and other apparatus, the purchase and repair of which are authorized by section one of this Act, shall be purchased and repaired in like manner and under the same regulations as like articles, the purchase and repair of which are now or may be hereafter authorized by law are purchased and repaired.

Council"

SEC. 3. The term City Council" as used in this Act is "City hereby declared to include any body or bodies, board or boards, defined.

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