TITLE 510.
SMELTERS.

ACT 3670.

An act providing for the investigation by the state veterinarian, the secretary of the state board of health and the state commissioner of horticulture of injury to animal life and vegetation in California, caused by smelter wastes, and making an appropriation therefor. [Approved June 16, 1913. Stats. 1913, p. 1147.]

Repealed 1917; Stats. 1917, p. 280.

АСТ 3693.

TITLE 513.

SOLDIERS AND SAILORS.

To provide for the burial of ex-Union soldiers, sailors and marines dying without leaving sufficient means to defray burial expenses.

[Approved March 15, 1889. Stats. 1889, p. 198.]

Amended 1901, p. 596; 1911, p. 479; 1913, pp. 17, 330; 1917, p. 749. The amendment of 1917 follows:

§ 1. Soldiers, sailors and marines may be buried at county expense. It shall be the duty of the board of supervisors of each county in this state to designate a proper person in the county, who shall be an honorably discharged soldier, sailor or marine who shall have served in the army or navy of the United States, whose duty it shall be to cause to be decently interred the body of any honorably discharged soldier, sailor or marine who shall have served in the army or navy of the United States, or the widow of any such honorably discharged soldier, sailor or marine, who may hereafter die without having sufficient means to defray funeral expenses. Such burial shall not be made in any cemetery or burial ground, or any portion of such cemetery or burial ground, used exclusively for the burial of the pauper dead. The expenses of each burial shall not exceed the sum of seventy-five dollars. [Amendment approved May 19, 1917; Stats. 1917, p. 749.]

Another amendment of Section 1 of this act was passed at the same session of the legislature. It was in almost precisely the same terms as the above amendment. See Stats. 1917, p. 17.

§ 4. Record of deceased soldiers. Headstones. It shall be the duty of the clerk of the board of supervisors, upon receiving the report and statement of expenses provided for in this act, to transcribe in a book kept for that purpose, all the facts contained in such report respecting such deceased soldier, sailor, or marine, or the widow of such soldier, sailor or marine. It shall also be the duty of said clerk, upon the death and burial of any such soldier, sailor or marine, to make application to the proper authorities under the government of the United States, for a suitable headstone, as provided by act of congress and to cause the same to be placed at the head of such soldier, sailor or marine's grave, the expenses of which shall not exceed the sum of five dollars for cartage and properly setting each stone, and it shall be the duty of the board of

supervisors to perpetually maintain suitably and properly each grave of any such soldier, sailor or marine whether so marked by a headstone prior to the passage of this act or subsequent thereto. The expenses thus incurred shall be audited and paid as provided in section two of this act for burial expenses. [Amendment approved May 19, 1917; Stats. 1917, p. 749.]

АСТ 3693а.

An act to provide for the care of the graves of soldiers, sailors and marines of the United States of America whose remains are buried in certain cemeteries.

[Approved May 11, 1917. Stats. 1917, p. 422. In effect July 27, 1917.]

§ 1. Care of graves of soldiers, sailors and marines. Wherever in any place of burial of human remains, which is now or which may hereafter be established or organized by or under the authority of the board of supervisors of a county, or city and county, of this state, or by or under the authority of the board of trustees, city council or other governing body of a municipality in this state, as a cemetery or place of burial of human remains, there is or shall be any known grave of a former soldier, sailor or marine of the United States of America (who was not dishonorably discharged from the service of said United States), it is hereby made the duty of the trustees or other officers who are or may be hereafter vested by law with the power to manage such cemetery or place of burial, to keep such grave properly marked and identified, and free from weeds and rubbish, and to keep in decent order and repair and free from defacement, injury and unlawful markings any tomb, monument, gravestone, wall or other appurtenance appertaining to such grave.

§ 2. Tax levy. It is hereby made the duty of such officers who are charged or who may hereafter be charged by law with the official power to raise money by taxation for maintaining any such cemetery or place of burial, to include in the tax levy for such purposes sufficient to raise the amount necessary to comply with the requirements of this act.

АСТ 3796а.

TITLE 526.
STATE.

An act authorizing suits against the state concerning certain real property and regulating procedure therein.

[Approved May 14, 1917. Stats. 1917, p. 435. In effect July 27, 1917.]

§ 1. Suits against state to quiet title authorized. In all cases where the state of California has apparently acquired some right, title or in.terest, or the right to acquire some title or interest in or to real property in this state by virtue of an act entitled "An act relating to the rights, powers and disabilities of aliens and of certain companies, associations and corporations with respect to property in this state, provid

ing for escheats in certain cases, prescribing the procedure therein, and repealing all acts or parts of acts inconsistent or in conflict therewith," approved May 19, 1913, and no proceedings have been instituted in regard thereto, as provided in said act, any person or persons claiming to own any such real property in fee, which claim is based upon a right existing prior to the said nineteenth day of May, A. D. 1913, is and are authorized to bring suit against the state of California in any court of competent jurisdiction in said state, within one year from the date upon which this act takes effect, to quiet title to the said real property or any portion thereof, and to prosecute the same to final judgment. The rules of practice in civil cases relating to suits to quiet title shall apply to such suits as may be brought under this authorization except as other wise provided. If judgment be given against the state in such suits, no costs can be recovered from the state.

§ 2. Service of summons. Service of summons in such suits shall be made on the governor and attorney general of the state. It shall be the duty of the attorney general to defend in all such suits.

§ 3. Judgment. In all such cases judgment shall not be entered by default but proceedings shall be had as provided in section seven hundred fifty-one of the Code of Civil Procedure of the state of California, and the judgment when entered shall have the same force and effect against the state of California as in said section provided against other defendants.

ACT 3807.

TITLE 529.

STATE COMMISSION MARKET.

See post, Title 534a, State Market Commission.

An act to provide for the creation of the state commission market, and the organization thereof, to carry on the business of receiving from the producers thereof the agricultural, fishery, dairy and farm prod ucts of the state of California and selling and disposing of such products on commission, creating the "state commission market fund" and appropriating money therefor. [Approved June 10, 1915. Stats. 1915, p. 1390.]

Repealed 1917; Stats. 1917, p. 1669. See post, Act 3847.

АСТ 3812.

TITLE 530.

STATE ENGINEERING.

An act to create for the state of California a department of engineering, to provide for the appointment of the officers and employees thereof, defining its powers and prescribing the duties of said department, its officers and employees, to provide the compensation of such officers and employees, to make an appropriation for the salaries and other expenses for the remainder of the fifty-eighth fiscal year and making certain acts a felony and repealing an act entitled "An act

creating a commissioner of public works, defining his duties and powers and fixing his compensation," approved February 9, 1900, and all acts or parts of acts amendatory thereof; also repealing an act entitled "An act to create a department of highways for the state of California, to define its duties and powers, to provide for the appointment of officers and employees thereof, and to provide for the compensation of said officers and employees, and for the additional expenses of said department, and to make an appropriation therefor for the remainder of the forty-eighth fiscal year," approved April 1, 1897; also repealing an act entitled "An act providing for the appointment of an auditing board to the commissioner of public works, authorizing and directing him and them to perform certain duties relating to drainage, to purchase machinery, tools, dredges, and appliances therefor, to improve and rectify water channels, to erect works necessary and incident to said drainage, to condemn land and property for the purposes aforesaid, making certain acts a felony, and making an appropriation of money for the purposes of this act," approved March 17, 1897, and all acts or parts of acts amendatory thereof; also repealing an act entitled "An act to provide for the appointment, duties and compensation of a debris. commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March 24, 1893, and all acts or parts of acts amendatory thereof; also repealing an act entitled "An act to create the office of Lake Tahoe wagon road commissioner, providing the term of office and compensation of such commissioner, defining his duties, and making an appropriation for the salary and expenditures provided for and authorized by this act," approved April 1, 1897, and all acts or parts of acts amendatory thereof.

[Approved March 11, 1907. Stats. 1907, p. 215.] Amended 1909, p. 558; 1911, p. 823; 1915, pp. 630, 898; 1917, pp. 541,

690.

The amendments of 1917 follow:

* § 1. Department of engineering created. California highway commis. sion. A department of and for the state of California to be known as the department of engineering is hereby created, to consist of an advisory board composed of the governor as ex-officio member and chairman of said board, the state engineer, who shall be the chief executive officer of the department, the general superintendent of state hospitals, the chairman of the state board of harbor commissioners of San Francisco, and three other members to be appointed by the governor, which said three appointive members shall hereafter in this act be designated as the appointed members of said advisory board. Said three appointed members shall compose a subdivision of said department of engineering designated as the California highway commission. The said department, its officers and employees, shall have and exercise the powers and duties hereinafter set forth and specified, and such as are or may be hereafter provided by law. [Amendment approved May 18, 1917; Stats. 1917, p. 692.]

§ 1. Consulting board. Meetings. Reports. 1917; Stats. 1917, p. 692.]

[Repealed May 18,

§ 2. Head of department. Upon this act becoming effective the gov ernor shall appoint a competent civil engineer as the head of the department of engineering, and such person shall be known as the state engineer. The state engineer shall devote his entire time to the services of the state and shall not actively engage in any other pursuit while serving as such state official. He shall have charge of all the engineering and structural work of the department. [Amendment approved May 15, 1917; Stats. 1917, p. 543.]

§ 6. Employees, engineering department. The department of engi neering, by and through the state engineer, shall have power to appoint two assistant engineers, a secretary, one state architect, one assistant state architect, a general superintendent for the architectural division, one mechanical engineer, one architectural designer, one structural engineer, an auditor, one electrical engineer, one estimator, one specification writer, one engineer's draftsman, three architectural draftsmen. two clerks, two stenographers, a blue-print pressman, a janitor, and such additional assistance as the advisory board may, in its judgment, deem necessary, and to fix their salaries and compensation, which officers and appointees shall hold office at the pleasure of the appointive power, and who must be confirmed by the advisory board before proceeding with their duties. Such officers and employees shall devote their entire time to the service of the department. [Amendment approved May 15, 1917; Stats. 1917, p. 543.]

§ 9. Control of state highways. Expenditures. Power to obtain rights of way. Powers of state engineer assumed by highway commission. Highway engineering. The department of engineering shall take and have full possession and control of all roads and highways which have been declared and adopted state roads and state highways and all state roads and state highways which may hereafter be acquired and constructed. All expenditures by the state for highway purposes, except as otherwise hereafter provided by law, shall be under the full charge of the department of engineering, and all moneys appropriated for such purpose shall be made payable upon the proper demand of said department when approved and audited by the state board of control. The department of engineering, in the name of the people of the state of California, shall have the power to obtain or condemn necessary rights of way for any authorized state highway or for the change of any exist ing state highway or for any road placed under the department's charge by law unless otherwise provided. It shall have power to alter or change the route of a road and shall do all things necessary, and obtain all tools and implements required to properly care for and manage the roads under the charge of the department. Whenever, under any stat utes of this state, the performance of any duty or obligation is imposed upon the department of highways, the same shall be assumed by, and the performance of the same shall devolve upon, the department of engineering. The said California highway commission shall forthwith