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Consolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell online

. (page 188 of 295)
Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 188 of 295)
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Said building has been essential not alone to the proper conduct of the
educational and other work of said institution, but also to jirovide living
and sleeping quarters for the officers of said, school and about two hun-
dred of the boys committed thereto. The unsafe and unfit condition of
such building constitutes a menace to the life and physical well-being



Acts 2772-2778a geneb^vl laws. 1686

of said officers and boys, and it is therefore deemed necessary for the
immediate preservation of the public health and safety that such persons
shall be at once removed from such building and that proper provision
therefor should be made by law.

TITLE 391.

PEISONS.
ACT 2772.

An act to regulate and govern the operation of the rock-crushing plant
at the state prison at Folsom, to provide for the sale of crushed
rock, and the disposition of the revenues derived therefrom.

[Approved March 11, 1897. Stats. 1897, p. 99.]
Repealed June 16, 1913 (Stats. 1913, p. 1034).
The repealing act contained the following:

Transfer of fund.

§ 2. All moneys now in what is known as the revolving fund, referred
to in section 7 of the above-entitled act, and all moneys in the rock-
crushing fund of Folsom prison, are hereby transferred to the prison
fund of the state prison at Folsom.

ACT 2777a.

An act appropriating money for the construction of cell buildings at the

state prison at Folsom and for construction of a wall around said

prison.

[Approved June 7, 1913. Stats. 1913, p. 880.]

Appropriation: Cell buildings, wall, Folsom prison.

§ 1. The sum of one hundred and thirty-five thousand dollars, or so
much thereof as may be necessary, is hereby appropriated out of any
money in the state treasury not otherwise appropriated, to be used in
accordance with law for the construction of cell buildings at the state
prison at Folsom and for the construction of a wall around said prison.

§ 2. The state controller is hereby authorized and directed to draw
his warrants for the amount herein appropriated in favor of the officers
authorized by law to receive the same, in such amounts and at such
times as may be approved by the state board of control, and the state
treasurer is directed to pay the same.

ACT 2778a.

An act making an appropriation for the completion and construction of ad-
ditional cells, walls, chapel, domestic building, and stables, at the state
prison at San Quontin, the installation and equipment of an electric
light and power ]>]ant at state prison, and providing for additional
accommodations for the prisoners at said prison and to provide



1687 PROSTITUTION. Acts 2797, 2798

for other expenditures incidental or relating thereto. [Approved
April 21, 1911. Stats. 1911, p. 1078.]

The act appropriated three hundred and eighteen thousand two hundred and
seventy dollars for the purpose indicated.



TITLE 395.

PROSTITUTION.
ACT 2797.

Citations. Cal. 162/249.

ACT 2798.

An act declaring all buildings and places nuisances wherein or upon
which acts of lewdness, assignation or prostitution are held or
occur or which are used for such purposes, and providing for the
abatement and prevention of such nuisances by injunction and
otherwise.

[Approved April 7, 1913. Stats. 1913, p. 20.]
Definitions.

§ 1. The term "person" as used in this act shall be deemed and held
to mean and include individuals, corporations, associations, partner-
ships, trustees, lessees, agents and assignees. The term "building," as
used in this act shall be deemed and held to mean and include so much
of any building or structure of any kind as is or may be entered through
the same outside entrance.

Place of prostitution a nuisance.

§ 2. Every building or place used for the purpose of lewdness, assig-
nation or prostitution and every building or place wherein or upon which
acts of lewdness, assignation or prostitution are held or occur, is a nui-
sance which shall be enjoined, abated and prevented as hereinafter pro-
vided, whether the same be a public or private nuisance.

Action to abate.

§ 3. Whenever there is reason to believe that such nuisance is kept,
maintained or exists in any county or city and county, the district at-
torney of said county or city and county, in the name of the people
of the state of California, must, or any citizen of the state resident
within said county or city and county, in his own name may, maintain
an action in equity to abate and prevent such nuisance and to perpetu-
ally enjoin the person or persons conducting or maintaining the same,
and the owner, lessee or agent of the building, or place, in or upon
which such nuisance exists, from directly or indirectly maintaining or
permitting such nuisance.

Temporary writ.

§ 4. The complaint in such action must be verified unless filed by the
district attorney. Whenever the existence of such nuisance is shown



Act 2798, §§ 5 - 8 general laws. 1688

in such action to the satisfaction of the court or judge thereof, either
by verified complaint or affidavit, the court or judge shall allow a tem-
porary writ of injunction to abate and prevent the continuance or re-
currence of such nuisance.

Action to have precedence. Failure to prosecute.

§ 5. The action when brought shall have precedence over all other
actions, excepting criminal proceedings, election contests and hearings
on injunctions, and in such action evidence of the general reputation
of the place shall be admissible for the purpose of proving the existence
of said nuisance. If the complaint is filed by a citizen, it shall not be
dismissed by the plaintiff or for want of prosecution except upon a
sworn statement made by the complainant and his attorney, setting forth
the reasons why the action should be dismissed, and the dismissal
ordered by the court. In case of failure to prosecute any such action
with reasonable diligence, or at the request of the plaintiff, the court,
in its discretion, may substitute any such citizen consenting thereto for
such plaintiff. If the action is brought by a citizen and the court finds
there was no reasonable ground or cause for said action, the costs shall
be taxed against such citizen.

Violation of injunction.

§ 6. Any violation or disobedience of either any injunction or order
expressly provided for by this act shall be punished as a contempt of
court bj^ a fine of not less than two hundred dollars, nor more than one
thousand dollars, or by imprisonment in the county jail for not less
than one month nor more than six months, or by both such fine and
imprisonment.

Order of abatement.

§ 7. If the existence of a nuisance be established in an action as
provided herein, an order of abatement shall be entered as a part of
the judgment in the ca'se, which order shall direct the removal from .
the building or place of all fixtures, musical instruments and movable
property used in conducting, maintaining, aiding or abetting the nui-
sance, and shall direct the sale thereof in the manner provided for the
sale of chattels under execution, and the eft'cctual closing of the build-
ing or place against its use for any purpose, and so keeping it closed '
for a period of one year, unless sooner released, as hereinafter pro-
vided. While such order remains in effect as to closing, such building
or place shall be and remain in the custody of the court. For removing
and selling the movable property, the officer shall be entitled to charge
and receive the same fees as he would for levying upon and selling like
property on execution, and for closing the premises and- keeping them
closed, a reasonable sum shall be allowed by the court.

Proceeds of sale. Building may be sold.

§ 8. The proceeds of the sale of the property, as provided in the pre-
ceding section, shall be applied as follows:



1689 PROTECTION DISTRICTS. Act 2804

1. To the fees and costs of such removal and sale;

2. To the allowances and costs of so closing and keeping closed such
building or place;

3. To the payment of plaintiff's costs in such action;

4. The balance, if any, shall be paid to the owner of the property so
sold.

If the proceeds of such sale do not fully discharge all such costs,
fees and allowances, the said building and place shall then also be sold
under execution issued upon the order of the court or judge and the
proceeds of such sale applied in like manner.

Owner, aot guilty of contempt, may pay costs.

§ 9. If the owner of the building or place has not been guilty of
any contempt of court in the proceedings, and appears and pays all
costs, fees and allowances which are a lien on the building or place
and files a bond in the full value of the property, to be ascertained by
the court, with sureties, to be approved by the court or judge, condi-
tioned that he will immediately abate any such nuisance that may exist
at such building or place and prevent the same from being established
or kept thereat within a period of one year thereafter, the court, or judge
thereof, may, if satisfied of his good faith, order the premises closed
under the order of abatement, to be delivered to said owner, and said
order of abatement canceled so far as the same may relate to said
property. The release of the property, under the provisions of this sec-
tion, shall not release it from any judgment, lien, penalty or liability
to which it may be subject by law.

Fine lien on building.

§ 10. Whenever the owner of a building or place upon which the
act or acts constituting the contempt shall have been committed, or of
any interest therein has been guilty of a contempt of court and fined
therefor in any proceedings under this act, such fine shall be a Hen upon
such building and place to the extent of the interest of such person
therein enforceable and collectible by execution issued by the order of
the court.

Laws repealed.

§ 11. All acts and parts of acts in conflict with the provisions of
this act are hereby repealed; provided, that nothing herein shall be
construed as repealing any law for the suppression of lewdness, assigna-
tion or prostitution.

TITLE 396.
PROTECTION DISTRICTS.
ACT 2804.

An act to provide for the formation of protection districts in the various
counties of this state, for the improvomont and rectification of thci
channels in navigable streams and wutorcourses, for the prevention



Act 2804, §§ 1, 2 GENERAL LAWS. 1690

of the overflow thereof, by widening, deepening, and straightening
and otherwise improving the same, and to authorize the boards of
supervisors to levy and collect assessments from the property bene-
fited to pay the expenses of the same.

[Approved March 27, 1895. Stats. 1895, p. 247.]
Amended 1897, p. 219; 1903, p. 328; 1909, p. 807; 1911, p. 446.
The amendments of 1911 are as follows:

Formation of protection district. Boundaries. Hearing.

§ 1. Whenever the board of supervisors of any county in this state
deem it proper, for the purpose of protecting property from damage, to
widen, deepen, change, straighten or otherwise improve the channel of
any navigable stream, watercourse or wash within the county, or to
construct a new channel therefor, in whole or in part, or to erect levees,
or dikes upon or along the banks thereof, or otherwise to prevent the
same from overflow, or to do any one or more or all of said things, said
board may, upon petition of ten land owners, setting forth the general
character of the improvements desired by them, and the boundaries of
the district to be benefited by such proposed improvement, and that their
land is within the same, and asking for the formation of a district under
this act, pass a resolution declaring their intention to form a protection
district under this act. Said resolution shall describe the exterior
boundaries of the proposed district, and the general character of the
improvements contemplated, either of which need not be the same as
those set forth in the petition, and shall fix a time and place for the
hearing of the matter, not less than thirty days after the passage
thereof, and direct the clerk of said board to publish a notice of the
intention of the board of supervisors to form such protection district,
and of the time and place fixed for the hearing, and shall designate
some newspaper of general circulation, published and circulate(^ in said
proposed district, or, if there' is no newspaper so published and circu-
lated, then some newspaper of general circulation published and cir-
culated in the county. [Amendment approved March 23, 1911; Stats.

1911, p. 446.]

«

Publication of notice. Copy to ea<;h owner of land.

§ 2. Thereupon said clerk shall cause to be published in the news-
paper so designated, for a period of twenty days before the date fixed
for the hearing, a notice, which notice shall be headed, "notice of inten-
tion of the board of supervisors to form a protection district." Said
notice shall set forth the fact of the passage of such resolution, with the
date thereof, the general character of the improvements contemplated,
the boundaries of the proposed district, and the time and place for the
hearing, and shall state that it is proposed to assess all property em-
braced in said proposed protection district, for the jiurpose of paying the
damages, costs, and expenses of constructing the proposed improvements.



1691 PROTECTION DISTRICTS. Act 2804, §§ 3, 4

and the necessary expense of maintaining and repairing the said works
and improvements, and shall refer to the resolution for further particu-
hiis. Said clerk shall send a copy of said notice by mail, postage pre-
p:iid, to each owner of land in the proposed district whose name appears
;is such on the last completed assessment-rftll of the county or counties
ill which said proposed district lies, addressed to such owner at his ad-
dress given on such assessment-roll, or if no address is so given, then to
his last known address, or if it be not known then at the county seat of
the county in which his land lies. Said clerk shall make and file in his
office an affidavit of such mailing, showing the names and addresses of
the persons to whom such notices were sent, which shall be prima facie
evidence that said notices were mailed as herein required. Failure of
the clerk to mail said notices as herein required shall not invalidate sub-
sequent proceedings. [Amendment approved March 23, 1911; Stats.
1911, p. 447.]

Written objections.

§ 3. Any person interested objecting to the formation of such pro-
posed district, or to the extent thereof, may, at or before the time fixed
for the hearing of the matter, file a written objection thereto, stating
briefly his ground of objection, with the clerk of said board of super-
visors, who shall indorse thereon the date of its reception by him, and
shall at the time fixed for the hearing, place all such objections filed
with him before said board of supervisors. [Amendment approved March
23, 1911; Stats. 1911, p. 447.]

Supervisors to hear objections.

§ 4. At the time fixed for the hearing, or to which the hearing may
be adjourned, the board of supervisors shall hear the objections filed, if
any, and pass upon the same. Said board may, in its discretion, overrule
or sustain, in whole or in part, any or all of the objections filed, and may
change or alter the boundaries of such proposed district to conform to
the needs of the district, provided, that they shall include therein only
such land as will, in their judgment, be benefited by the proposed work
or improvements, and provided, further, that if they deem it proper to
include therein any territory not included in the boundaries mentioned
in the resolution of intention, they shall first cause notice of their inten-
tion so to do to be published and mailed to land owners in such addi-
tional territory, as in case of the original notice, and shall, for that pur-
pose, adjourn the hearing to some time and place to be stated in such
new notice, and shall hear and pass upon any objections made by such
owners as in case of other land owners in the proposed district. Said
board may, in their discretion, declare such protection district formed
with the boundaries designated by them and shall designate such district

by name as the protection" district of county (or counties),

[Amendment approved March 23, 1911; Stats. 1911, p. 447.]



Act2804, §§ 6, 15 general laws. 1692

District governed by supervisors. Powers. Maps, plans, survey.

§ 6. Each protection district shall be governed and controlled by tbe
board of supervisors of the county in which it is situated. Said board
shall have power, in the nam^ of the county and in behalf of the district,
to purchase, receive by donation, or acquire by condemnation any rights
of way or other real or personal property necessary to carry out the pur-
poses for which the district was. formed, and for that purpose all the
provisions of the Code of Civil Procedure relating to eminent domain
are hereby made applicable to proceedings in behalf of such district to
condemn property. The said board shall also have power to employ such
engineers, surveyors and others as may be necessary to survey, plan or
locate, or supervise the construction or repair of, the improvements
necessary to carry out the purposes for which the district was formed;
to construct, maintain and keep in repair any and all improvements, and
do all other things requisite or necessary to carry out the purposes of
the district; and to employ the services of any person, legal or other-
wise, which in the judgment of said board, may be necessary to carry
out said, purposes. As soon as said district is formed, the board shall
cause a survey of the contemplated improvements to be made, or adopt
.a survey already made, and shall also cause a map of such survey, and
plans and specifications showing such improvements in detail, to be pre-,
pared, and they shall adopt such survey, maps, plans and specifications,
and thereafter all such improvements shall be made in accordance with
the survey, maps, plans and specifications so adopted; provided, that at
any time after the adoption of said survey, map, plans and specifications,
and before the commissioner's report of assessment of benefits and
ftward of damages has been finally adopted and confirmed by the board,
«;aid board maj- rescind their action in adopting said survey, map, plans
and specifications, and may modify the same or adopt others in place
thereof, in which case a new assessment shall be made, or may, by a
four-fifths vote of the members thereof, abandon the contemplated im-
provement and dissolve the said protection district, in which case the
expenses already incurred in behalf of such district shall be a county
charge. [Amendment approved March 23, 1911; Stats. 1911, p. 448.]

Report. Publication of. Form of notice.

§ 15. The report of such commissioners and the plat accompanying it
shall be filed with the clerk of the board of supervisors, and said board
shall thereupon fix a time for the hearing thereof, which shall not be less
than four weeks after the filing thereof, and thereupon the clerk of said
board shall give notice of such hearing by publication for at least three
weeks in a newspaper of general circulation published and circulated in
/the said district, if such there be, or if there is no such newspaper, then
in some newspaper of general circulation, published in one of the counties
in which said district is situated, said newspaper to be designated by the
board. Such notice shall be substantially in the following form:



1693 PROTECTION DISTRICTS. Act 280-4, § 16

Notice of the Filing of the Commissioner's Eeport of Protection

District of the County of .

Notice is hereby given that the commissioners of the protection

district of the county of , did on the day of , 19 — , file

their report of the assessment of benefits and award of damages with the
clerk of the board of supervisors of said county, which said report is

now on file in the office of said board of supervisors in the city of ,

said county, and that said report will be heard by said board at their

office on the day of , 19 — , at the hour of M. Said report

and the survey, map, plans and specifications of the improvements men-
tioned therein are hereby referred to for further particulars. All per-
sons interested are hereby required to show cause, if any they have, at
the time fixed for said hearing, why such report should not be adopted
ind confirmed by said board of supervisors, and the improvements
therein referred to constructed. All objections shall be in writing,
signed by the person objecting, and filed with the clerk of said board
at or before the time above mentioned.

(Signed) ,

Clerk of the board of supervisors of • county.

[Amendment approved March 23, 1911; Stats. 1911, p. 449.]

Objections to report. Action of supervisors final.

§ 16. Any person interested may file with the clerk of said board, at
or before the time fixed for the hearing, a written objection to said re-
port or any part thereof, or to the survey, map, plans, or specifications
for the proposed improvements, or to the making of such proposed im-
provements. At the time fixed for such hearing or at any other time to
which the hearing may be adjourned, the board of supervisors shall hear
all objections so filed, if any, and pass upon the same, and shall proceed
to pass upon such report, and may confirm, correct or modify the same,
or may take such advice in regard to the survey, map, plans and speci-
fications as is authorized by section 6 of this act, or may order the com-
missioners to make a new assessment, report and plat, which shall be
filed, heard and acted upon in the same manner and on like notice, as in
the case of an original report. The action of the board upon the report
and objections thereto, and upon the survey, map, plans and specifica-
tions, shall be final and conclusive as to all matters which they might
have remedied or avoided; and no assessment shall be set aside, except
upon such hearing, for any error, defect or informality therein or in the
proceedings prior thereto, where the district has been legally formed
and notice of the hearing of the report has been given as herein pre-
scribed. When such report has been adopted and confirmed, said board
may by order entered upon its minutes discharge said commissioners, and
their authority shall thereupon cease. [Amendment approved March
23, 1911; Stats. 1911, p. 449.]



Act 2804, §§ 18-27 general laws. 1G94

Special fund. Pajrments from.

§ 18. All moneys paid upon such assessments eitter by property own-
ers or by the county or counties affected^ shall be placed in the county
treasury of the county in which such protection district was organized,

to the credit of a special fund to be known as the protection district

improvement fund; and shall be used only to pay the expense and cost
of constructing the improvements described in the survey, map, plans
and specifications adopted by the board of supervisors; provided, that
any surplus remaining after the construction thereof shall be paid into
the current expense fund. Paj-ments from said fund shall be made upon
demands prepared, presented, allowed and audited in the same manner
as demands upon the funds of the county. [Amendment approved
March 23, 1911; Stats. 1911, p. 450.]

Protection district tax levy.

§ 21. The board of supervisors shall, at the time of making the levy
of taxes for county purposes for each year, levy a tax upon the real es-
tate in each protection district in their county suflScient in amount to
raise the amount of mojiey which will be needed for the current year for
maintaining and repairing the works and improvements of said district.
Said tax, when levied, shall be entered upon the assessment-roll and
collected in the same manner as state and county taxes. When the same
is collected, it shall be placed in the treasury of the county to the creilit
of the current expense fund of said district, and shall be used only for
the purpose for which it was raised. Payments shall be made from said
fund in the same manner as from the improvement fund of the district.
[Amendment approved March 23, 1911; Stats. 1911, p. 450.]

What improvements may be made.

§ 27. The improvements made under this act may include the widen-
ing, deepening, changing and straightening of the channels of innavigable
streams, watercourses or washes, the construction of new channels
therefor, and the construction of levees, banks, dikes, conduits, ditches
and canals for the conveyance of the waters of such streams, water-



Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 188 of 295)