GENERAL LAWS CODIFIED AND NEW SECTIONS ADDED.

The act of March 31, 1891 (Statutes 1891, page 237), authorizing the controller and treasurer to transfer to the general fund all moneys to the state drainage construction fund, is codified as section 691 of the Political Code.

The new section reads as follows:

Sec. 691. The controller is hereby authorized to transfer to the general fund all moneys standing to the credit of the state drainage construction fund, and also, from time to time, to transfer to the general fund all moneys that may hereafter be paid into the state drainage construction fund. The controller immediately after making such transfers shall notify the treasurer of the same, and the treasurer shall thereupon make corresponding transfers upon the books of his office.

The act of March 2, 1899 (Statutes 1899, page 46), relating to the desecration of the American flag, is codified as section 648b (new) of the Penal Code.

The new section reads as follows:

Sec. 6486. Any person who shall desecrate the flag of the United States, by printing thereon or attaching thereto any advertisement of any nature whatsoever, shall be deemed guilty of a misdemeanor.

The act of February 20, 1872 (Statutes 1872, page 121), relating to military academies, is codified as sections 2047 and 2048 of the Political Code.

The new sections read as follows:

Sec. 2047. When any military academy has been established within the state, having not less than eighty boys, uniformed, drilled, and instructed in strict accordance with the tactics of the regular United States army service, and all its course of education and economy conducted upon strict military principles, the military instructor of such academy, when regularly elected by the board of trustees or other lawful authority of the academy, be commissioned in the national guard of California, with the rank of major.

Sec. 2048. Upon giving bond, with good security, to be approved by a judge of the superior court of the county where the academy is situ

ated, conditioned for the safe-keeping against fire, loss, and against all damages, in twice the value, that arms and accoutrements, the property of the state, be issued for the use of the military academy, mentioned in section two thousand forty-seven, and the adjutant-general of the state is hereby authorized to issue such arms and accoutrements as may be needed by the said military academies, without a monthly allowance, in the same manner as arms and accoutrements are issued to regular organized companies of the national guard of California, upon requisition made for this purpose, approved by the commander-in-chief.

The act of March 10, 1891 (Statutes 1891, page 47), requiring municipalities to grant annual vacations to members of the police force in the respective municipalities, is codified as section 721 of the Penal Code. The new section reads as follows:

Sec. 721. In every city or city and county of this state where there is a regularly organized paid police force, the board of supervisors, common council, commissions, or other body having the management and control of the same, and required once in every year to provide for granting each member thereof a leave of absence from active duty for a period of not less than ten nor more than fifteen days. Leaves of absence so granted must be arranged by said board or commission so as not to interfere with the police protection of any such city or city and county, or to impair in any way the efficiency of the department; and leaves of absence granted in case of sickness or in consequence of wounds or injuries received while in the discharge of duty shall not be construed to be or become a part of the leave of absence provided for by this act. No deduction must be made from the pay of any police officer granted a leave of absence under the provisions of this section.

The act of March 23, 1893 (Statutes 1893, page 183), relating to the powers and duties of parole commissioners for the parole of and government of paroled prisoners, is codified as section 1088a (new) of the Political Code.

The new section reads as follows:

Sec. 1088a. The state board of prison directors of this state shall have power to establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in any state prison, and who may have served one calendar year of the term for which he was convicted, and who has not previously been convicted of a felony and served a term in a penal institution, may be allowed to go upon parole outside of the buildings and inclosures, but to remain while on parole in the legal custody and under the control of the state board of prison directors, and subject at any time to be taken back within the inclosures of said prison; and full power to make and enforce such rules and

regulations and retake and imprison any convict so upon parole is hereby conferred upon said board of directors, whose written order so certified by the president of said board shall be a sufficient warrant for all officers named therein to authorize such officer to return to actual custody any conditionally released or paroled prisoner, and it is hereby made the duty of all chiefs of police, marshals of cities and villages, and sheriffs of counties, and all police, prison and peace officers and constables to execute any such order in like manner as ordinary criminal process; provided, however, that no prisoner imprisoned under a sentence for life shall be paroled until he shall have served at least seven calendar years. The governor of the state shall have like power to cancel and revoke the parole of any prisoner, and his written authority shall likewise be sufficient to authorize any of the officers named therein to retake and return said prisoner to the state prison, and his written order canceling or revoking the parole shall have the same force and effect and be executed in like manner as the order of the state board of prison directors. If any prisoner so paroled shall leave the state without permission from said board he shall be held as an escaped prisoner and arrested as such. (Amendment, Stats. 1901, p. 82.)

The act of March 20, 1905 (see amendments), relating to contagious diseases of animals, was amended March 23, 1907 (Stats. and Amdts. 1907, page 932), by substituting in lieu thereof an entirely different act relating to the different subject-matter.

It is therefore recommended that the substance of the original act of March 20, 1905, be reënacted as sections 374b, 374c, and 374d, of the Penal Code.

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The new sections read as follows:

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Sec. 3746. Any person having the care, custody, or control of any animal that dies from tuberculosis, glanders, farcy, Texas fever, or other infectious disease, who does not immediately upon the death of such animal cremate or bury the carcass of the same, or cause the same to be cremated or buried, shall be deemed guilty of a misdemeanor.

Sec. 374c. Any common carrier of persons or freight that shall transport any animal suffering with, or that has died from the diseases, or any of them mentioned in section 374b of this code a greater distance than is necessary to transport such animal to the nearest crematory, shall be deemed guilty of a misdemeanor.

Sec. 374d. Any person who uses or sells the carcass or any portion thereof, of an animal that has died of any contagious disease as food for human beings or any domestic animal, or fowl, is guilty of a misdemeanor.

The act of April 18, 1880 (Statutes 1880, page 102), relating to the payment of the expenses of posse commitatus by the respective boards of supervisors, is codified as section 151 of the Penal Code.

The new section reads as follows:

Sec. 151. The board of supervisors of any county may allow, in their discretion, such compensation as they may deem just, to defray the necessary expenses that have been incurred by a posse comitatus in criminal cases; provided, no claim shall be allowed for expenses which have not been incurred within one year before such allowance.

A new section relating to appeals in divorce proceedings is added to the civil code, to be known as section 149.

The new section reads as follows:

Sec. 149. The right of the superior court to enforce its orders or judgments for the payment of money, or giving security therefor under the provisions of sections 136, 137, 138, 139, and 140, shall not be stayed or suspended by appeal unless an undertaking is given as provided in section 942 of the Code of Civil Procedure.

The various cemetery acts contained in the general laws have been combined with title XIII of the Civil Code relating to cemetery corporations, by amendment, repeal, and new sections added, and all of the general laws relating to the management and conduct of cemetery corporations repealed.

The sections of the Civil Code relating to cemetery corporations would then read as follows:

Sec. 608. Corporations, for the purpose of procuring, holding, and managing lands to be exclusively for a cemetery or place for the burial or cremation of the dead, may be formed by seven or more persons who must execute and file articles of incorporation as provided in chapter I, title I, part IV of this code. Upon receiving from the secretary of state a certificate of the filing with him of a certified copy of its articles of incorporation, such corporation becomes a body corporate, and by its corporate name has succession for the period. limited in its articles and power

First-To sue and be sued in any court.

Second-To make and use a common seal, and alter the same at pleasure.

Third-To purchase, hold, sell, and convey, such real and personal estate as the purposes of the incorporation shall require.

Fourth-To appoint such officers, agents, and servants, as the business of the corporation shall require to define their powers, prescribe their duties, and fix their compensation.