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CHAPTER CXX.

An act authorizing any teacher or public officer who is now a contributor to a public school teachers' annuity and retirement fund in any county, or consolidated city and county, of this state, where there are no annuitants drawing annuities from the said fund of such county, or consolidated city and county, to cease to be a contributor to such fund within sixty days from the taking effect of this act, and to have returned to him the amount contributed by him thereto, or such part thereof as may be available for that purpose.

[Approved March 13, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

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SECTION 1. Within sixty days after the taking effect of this Contribuact, any teacher or public officer who is now a contributor to a teachers' public school teachers' annuity and retirement fund in any annuity county or consolidated city and county in this state, created withdraw. under the provisions of an act approved March 29, 1897, entitled "An act to amend an act approved March 26, 1895, entitled 'An act to create and administer a public school teachers' annuity and retirement fund in the several counties, and cities and counties in the state,'" as amended, may withdraw from such organization by complying with the provisions of this act; provided, however, that the provisions of this act shall not apply to any county or consolidated city and county, where there are, at the time of the taking effect of this act, any annuitants drawing annuities from the said fund of such county, or consolidated city and county.

be filed.

SEC. 2. Any such teacher, or public officer, desiring to avail Notice to himself of the provisions of this act, shall within sixty (60) days after the taking effect of this act, sign and file with the board. of public school teachers' retirement fund commissioners of the county, or consolidated city and county, where such teacher or public officer is then a contributor, a notice in writing to the effect that such teacher, or public officer, thereby withdraws from the said organization, and shall at the same time sign and file with the clerk, secretary, officer, or board, whose duty it is to issue the salary warrants of such teacher or public officer, a notice similar in substance to the said notice filed with the said board of commissioners.

sioners

money.

SEC. 3. The said board of commissioners shall, at its next Commisregular meeting after the expiration of said sixty (60) days, shall order pass a resolution directing that all money contributed to said return of public school teachers' annuity and retirement fund by such. teachers or public officers so withdrawing, shall be immediately returned to such teachers or public officers. If the amount in the fund of said organization, after the payment of all legal demands, shall be insufficient to pay each withdrawal the full

Warrants.

Relief from liability.

Duty of warrant officers.

amount contributed by him, then the said board shall compute the pro rata amount that shall be paid to each, the same to be in proportion to their respective contributions, and shall specify in said resolution the amount to be returned to each.

SEC. 4. The president and secretary of said board shall thereupon issue warrants to the persons entitled thereto, in such amounts as shall have been so computed and specified by said board, and the treasurer of said fund shall pay the same to the person named in each respective warrant, or to his heirs or assigns.

SEC. 5. From and after filing the notices, specified in section two hereof, each teacher or public officer giving such notices shall be relieved from all burdens and liabilities imposed by the said act designated in section one hereof.

SEC. 6. The clerk, secretary, officer, or board, whose duty it is to issue the salary warrants of such teachers or public officers, shall, from and after the filing of the said notice with him or it, cease to note on the salary warrant of such teacher or public officer any amount to be deducted therefrom by the treasurer on account of said fund.

SEC. 7. This act shall take effect immediately.

Appropria

CHAPTER CXXI.

An act to pay the claim of C. W. King and making an appropriation therefor.

[Approved March 13, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. The sum of three hundred dollars ($300) is claim pay hereby appropriated out of any moneys in the state treasury, C. W. King. not otherwise appropriated, to pay the claim of C. W. King.

of

SEC. 2. The controller of the state is hereby authorized to draw his warrant for said sum, in favor of C. W. King or his assigns, and the state treasurer is directed to pay the same, and the direction herein is hereby exempted from the provisions of section six hundred and seventy-two of the Political Code.

SEC. 3. This act shall take effect January first, nineteen hundred and four.

CHAPTER CXXII.

An act to amend and re-enact section eleven hundred and fortytwo of the Political Code relative to the appointment of officers of election to constitute election boards.

[Approved March 13, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section eleven hundred and forty-two of the Political Code of the State of California is hereby amended to read as follows:

qualifica

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1142. When an election is ordered, the board of super- Boards of visors, or other board having charge and control of elec- election; tions in each of the counties, and cities and counties, of the tions of. state must appoint officers of election board from the registered electors of each precinct whose names appear upon the last assessment roll of the county or city and county to serve as election officers only in the election precinct in which they are registered and actually reside to constitute the election board for such precinct, which shall consist of two inspectors, two judges, and two clerks; the inspectors, judges and clerks to be apportioned equally between the two political parties which, respectively, cast the highest and next highest number of votes for governor at the last general election; the inspectors and judges so appointed shall constitute a board of election for such precinct. And such board of supervisors or other board Supervishaving charge of elections must publish the names of such publish electors who constitute the board of elections for each election names. precinct, in some newspaper published in the county or city and county where the election is to be held for five successive days at least one week before the day such election is to be held; or in a weekly paper published in the county, for two successive weeks prior to the election. Such board of election Duties of shall canvass the votes for such precinct, and must be presented. at the closing of the polls. The members of said board shall relieve each other in the duties of canvassing the ballots, which may be conducted by at least half of the whole number; but the final certificate shall be signed by a majority of the whole. No person shall be eligible to act as an officer of election at any Eligibility. precinct who has been employed in any official capacity in the county, or city and county, in the state, within ninety days next preceding any election. No person shall be eligible to act as a member of any election board, or as a clerk upon such board, who cannot read and write the English language. Any Refusal to person acting as a member of any election board, or as a clerk penalty. upon such board, who cannot read and write the English language, and any person who refuses to act upon such board, or as a clerk thereof, after proper notification of his appointment, who is otherwise eligible, unless good and sufficient

election

serve;

cause for such refusal is shown to the election board or to the board of supervisors, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of five hundred dollars, and upon failure to pay said fine shall be imprisoned in the county jail of such county, or city and county, for the period of one day for each one dollar of said fine.

SEC. 2. This act shall take effect and be in force from and after its passage.

Words and terms defined.

Signification of words.

CHAPTER CXXIII.

An act to amend section seventeen of the Code of Civil Procedure relating to the definition of certain words.

[Approved March 13, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1.

Section seventeen of the Code of Civil Procedure is hereby amended to read as follows:

17. Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as a natural person; the word "county" includes "city and county"; writing includes printing and typewriting; oath includes affirmation or declaration; and every mode of oral statement, under oath or affirmation, is embraced by the term "testify," and every written one in the term "depose"; signature or subscription includes mark, when the person cannot write, his name being written near it by a person who writes his own name as a witness; provided, that when a signature is by mark it must, in order that the same may be acknowledged or may serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witness thereto.

The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:

1. The word "property" includes both real and personal property;

2. The words "real property" are coextensive with lands, tenements, and hereditaments;

3. The words "personal property" include money, goods, chattels, things in action, and evidences of debt;

4. The word "month" means a calendar month, unless otherwise expressed;

5. The word "will" includes codicil;

6. The word "writ" signifies an order or precept in writing, issued in the name of the people, or of a court or judicial

officer; and the word "process" a writ or summons issued in the course of judicial proceedings;

7. The word "state," when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the district and territories;

8. The word "section" whenever hereinafter employed, refers to a section of this code, unless some other code or statute is expressly mentioned.

9. The word "affinity" when applied to the marriage relation, signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other.

SEC. 2. This act shall take effect and be in force from and after its passage and approval.

CHAPTER CXXIV.

An act to amend section 880 of an act entitled "An act to provide for the organization, incorporation, and government of municipal corporations," approved March 13, 1883, in relation to the marshal.

[Approved March 13, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

powers

SECTION 1. That section eight hundred and eighty of article General four, chapter seven, of an act to provide for the organization, and duties incorporation, and government of municipal corporations, marshal. approved March thirteenth, eighteen hundred and eighty-three, be, and the same is hereby, amended so as to read as follows: Section 880. The department of police of said city or town shall be under the direction and control of the marshal; and for the suppression of any riot, public tumult, disturbance of the peace, or resistance against the laws or public authorities in the lawful exercise of their functions, he shall have the powers that are now or may hereafter be conferred upon sheriffs by laws of the state, and shall in all respects be entitled to the same protection; and his lawful orders shall be promptly executed by deputies, police officers, and watchmen in said city or town, and every citizen shall also lend his aid, when required, for the arrest of offenders and maintenance of public order. He shall, and is hereby authorized to, execute and return all process issued and directed to him by any legal authority. It shall be his duty to prosecute before the recorder all breaches or violations of or non-compliance with any ordinance which shall come to his knowledge. He shall collect all taxes levied by the board of trustees, except as is herein provided. He shall, at the expiration of any month, pay to the treasurer all taxes and other funds of said city or town collected by him

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