Boards of to hold and lease real estate. CHAPTER C. An Act to amend an Act approved January 14, 1868, entitled "An [Approved March 10, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section seven of said Act is hereby amended so as to read as follows: Section 7. Corporations formed under the provisions of Trade, etc. this Act shall be capable in law to lease, purchase, have, hold, use, take possession of, and enjoy, in fee simple, or otherwise, any personal or real estate within this State necessary for the uses and purposes of such corporation, and the same to sell, lease, deed in trust, alien, and dispose of at their pleasure. All real estate owned by the corporation shall be held in the name of the same, and all conveyances made by such corporation shall be signed by the President and Secretary, and attested by the corporate seal; provided, that no corporation. formed under this Act shall engage in any mercantile, commercial, or mechanical business. Not to engage in business. SEC. 2. All Acts and parts of Acts, so far as they do conflict with this Act, are hereby repealed. SEC. 3. This Act shall take effect from and after its passage. When action CHAPTER CI. An Act to amend section five hundred and eighty-one of an Act entitled "An Act to establish a Code of Civil Procedure," approved March 12, 1872, relating to the dismissal of actions. [Approved March 10, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section five hundred and eighty-one of the Code of Civil Procedure is hereby amended so as to read as follows: 581. An action may be dismissed, or a judgment of nondismissed or suit entered, in the following cases: nonsuit entered. First-By the plaintiff himself at any time before trial, By plaintiff. upon payment of costs; provided, a counterclaim has not been made, or affirmative relief sought by the cross complaint or answer of defendant. If a provisional remedy has been allowed, the undertaking must thereupon be delivered by the Clerk to the defendant, who may have his action thereon. Second-By either party upon the written consent of the By plaintiff other. or defendant. Third-By the Court, when the plaintiff fails to appear on By Court. the trial, and the defendant appears and asks for the dismissal. Fourth-By the Court, when upon the trial and before the submission of the case the plaintiff abandons it. Fifth-By the Court, upon motion of the defendant, when upon the trial the plaintiff fails to prove a sufficient case for the jury. Sixth-By the Court when, after verdict or final submission, the party entitled to judgment neglects to demand and have the same entered for more than six months. The dismissal mentioned in the first two subdivisions is made by entry in the Clerk's register; judgment may thereupon be entered accordingly. CHAPTER CII. An Act to subject certain reclamation districts in the State to the provisions of the Political Code. [Approved March 10, 1885.] The People of the State of California, represented in Senate and Assembly, do enact as follows: districts SECTION 1. All reclamation districts, now legally existing Reclamation in the State, which were formed under the provisions of any subject to statute of the State prior to the first day of January, eighteen Political hundred and seventy-three, which are now, and have been Code., ever since their creation, prosecuting the objects for which they were created, shall, after this Act takes effect, be subject to the provisions of the Political Code of the State relating to reclamation districts for reclamation purposes, the same as though such districts had been formed and created under the provisions of article two of said Code, relating to "swamp and overflowed, salt marsh, and tide lands;" provided, that Act does not nothing in this Act shall affect any proceeding that shall levied or acts have been already commenced for the levy or collection of done prior assessments in such districts when this Act takes effect; nor shall it affect any act done or performed in relation to the affairs of the districts prior to said last mentioned date, nor the indebtedness of the districts theretofore incurred. SEC. 2. This Act shall take effect immediately. affect tax hereto. Contingent expenses of CHAPTER CIII. An Act to provide for a contingent fund for the Assembly, for the twenty-sixth session of the Legislature. [Approved March 10, 1885.] The People of the State of California, represented in Senate and SECTION 1. The sum of five thousand dollars is hereby Assembly appropriated out of any funds not otherwise appropriated, to provide a contingent fund for the Assembly, for the twentysixth session of the Legislature. SEC. 2. This Act shall take effect and be in force from and after its passage. State Treas urer to pay unpaid drainage warrants. CHAPTER CIV. An Act to appropriate money to pay the indebtedness incurred under an Act entitled "An Act to promote drainage," approved April 23, 1880. [Approved March 10, 1885.] The People of the State of California, represented in Senate and SECTION 1. The State Treasurer is hereby authorized and required to pay all warrants outstanding and unpaid, in their order as drawn by the State Controller, in accordance with "An Act to promote drainage," approved April twenty-third, eighteen hundred and eighty, upon the Construction Fund of Drainage District Number One, and all warrants drawn upon the State Drainage Construction Fund, out of each fund Deficiency respectively; provided, that if there is not money enough in out of Gen- said funds to pay all said warrants, then he shall pay the remainder of said warrants unpaid out of any money in the General Fund not otherwise appropriated. eral Fund. draw war rants for audited claims. Controller to SEC. 2. The State Controller is hereby authorized and required to draw his warrants for all claims against Drainage District Number One that have been heretofore audited and allowed by the State Board of Drainage Directors; also, all claims against the State Drainage Construction Fund that have been heretofore audited and allowed by the said State Board of Drainage Directors; and the State Treasurer is hereby authorized and required to pay the same out of any money in each fund respectively; provided, if there is not money enough in said fund to pay all of said warrants, then the State Treasurer shall pay the remainder of said warrants unpaid out of any money in the General Fund not otherwise appropriated. Deficiency out of General Fund. SEC. 3. All persons having claims "unaudited by the State Board of Drainage Directors," for work done or materials presented to Examiners. furnished under the provisions of "An Act to promote drain- Unaudited age," approved April twenty-third, eighteen hundred and claims to be eighty, are authorized to present their claims to the State Board of Board of Examiners. All claims so presented shall be itemized and verified by the claimant, his heirs or assigns. The State Board of Examiners shall audit and allow said claims, either in whole or in part, or reject the whole, as they may deem just and proper, and certify the amount so allowed to the State Controller, who shall draw his warrant in favor of each claimant for the said amounts upon the State Treasury. The State Treasurer is authorized and required to pay the same out of any money in the General Fund not otherwise appropriated; provided, that unaudited claims of ten thou- Paid out of sand dollars only shall be allowed by the provisions of this General section. Fund. priated. SEC. 4. The sum of forty-three thousand one hundred and Drainage eight dollars and twenty-six cents in the State Treasury to Fund appro the credit of the "State Drainage Construction Fund," and the sum of twenty-one thousand forty-eight dollars and seventy-five cents in the State Treasury to the credit of the Construction Fund of Drainage District Number One, and the sum of one hundred and ninety thousand dollars in the AppropriaState Treasury not otherwise appropriated, is hereby appro- tion from priated to pay the warrants mentioned in section one of this Fund. Act, and those authorized to be drawn in sections two and three of this Act. SEC. 5. This Act shall be in force and take effect from and after its passage. CHAPTER CV. An Act to appropriate the sum of thirty-four thousand four hundred and nineteen dollars and forty cents, to pay the amount found by the Sixth Judicial Court to be due M. Miles and his sureties, for work done under contract, in building the State Prison at Folsom. [Approved March 10, 1885.] The People of the State of California, represented in Senate and tion to pay M. Miles. SECTION 1. The sum of thirty-four thousand four hundred Appropriaand nineteen dollars and forty cents is hereby appropriated out of the General Fund in the State Treasury, to pay the amount due M. Miles, his sureties and creditors, or said creditors' assigns, for and on account of work done by the said. Miles and his sureties, upon his contract in the building of the State Prison at Folsom, as found by the judgment of the Sixth Judicial District Court. Trustees. SEC. 2. The Controller of State is hereby authorized and Warrant in directed to draw his warrant on the General Fund of the favor of State Treasury, in favor of John W. Armstrong, of Sacramento, and H. C. Partridge, of San Francisco, Trustees, for said sum of thirty-four thousand four hundred and nineteen pay creditors of Miles. dollars and forty cents; and the State Treasurer is hereby ordered and directed to pay such warrant or warrants. Trustees to SEC. 3. The said John W. Armstrong and H. C. Partridge, Trustees, shall, upon the several amounts due to said Miles, his sureties and creditors, on said contract being ascertained and indorsed by said Miles as correct, pay said several amounts to the respective parties to whom the same are due. And if any residue of said money so appropriated remain, after settling with said sureties and creditors, the same shall be paid to said Miles by said Trustees. SEC. 4. This Act shall take effect immediately. Senate and Per diem. Officers. Contingent expenses. Supreme Superior Supreme CHAPTER CVI. An Act making appropriations for the support of the Government of the State of California, for the thirty-seventh and thirtyeighth fiscal years. [Approved March 10, 1885.] The People of the State of California, represented in Senate and SECTION 1. The following sums of money are hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the objects hereinafter expressed, and for the support of the Government of the State of California, for the thirty-seventh and thirty-eighth fiscal years: For the per diem and mileage of the Lieutenant-Governor and Senators, twenty-one thousand dollars; For the per diem and mileage of Assemblymen, forty-one thousand and five hundred dollars; For pay of officers and clerks of Senate, five thousand five hundred dollars; For pay of officers and clerks of Assembly, six thousand five hundred dollars; For contingent expenses of Senate, ten thousand dollars; For contingent expenses of Assembly, fifteen thousand dollars; For salaries of Justices of the Supreme Court, eighty-four thousand dollars; For State portion of salaries of Judges of Superior Court, two hundred and thirty-five thousand dollars; For salary of Clerk of Supreme Court, six thousand dollars; For salaries of Deputy Clerks of Supreme Court, eighteen thousand dollars; For salary of Reporter of Decisions of Supreme Court, five thousand dollars; For salaries of Secretaries to Justices of the Supreme Court, six thousand four hundred dollars; For salary of Bailiffs of Supreme Court, four thousand eight hundred dollars; For pay of Porter for office of Clerk of Supreme Court, six hundred dollars; |