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ACT 937.

TITLE 132.

DISSECTION.

To promote the study of anatomy. [Stats. 1869-70, p. 405.] This act provided for the surrender of dead bodies for dissection. It was superseded by Political Code, secs. 3093-3095.

ACT 942.

TITLE 133.

DISTRICT ATTORNEYS.

Authorizing and directing district attorneys to bring suits to abate nuisances. [Stats. 1899, p. 103.]

ACT 943.

In relation to district attorneys, their assistants and clerks in cities and counties, and counties having a population of more than one hundred and twenty-five thousand. [Stats. 1891, p. 21.]

"Unconstitutional. (Darcy v. Mayor, 104 Cal. 642; Ex parte Giambonini, 112 Cal. 574.) Superseded by County Government Act, 1897, and by charter of San Francisco."-Code Commissioners' note.

ACT 944.

Apportioning the fees between district attorneys and their successors. [Stats. 1865-6, p. 163.]

Amended 1865-6, 325.

"Superseded by County Government and other acts requiring officers to pay their fees into the county treasury."-Code Commissioners' note.

ACT 945.

District attorneys, relating to fees of in certain counties. [Stats. 1871-2, p. 799.]

"Probably repealed by secs. 171, 177, 186, and 211 of the County Government Act, 1897, 523, 527, 540, 568, fixing the salaries of district attorneys."-Code Commissioners' note.

This act related to the counties of Butte, Inyo, Placer, and Shasta.

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An act for the protection of the owners of ditches and

flumes.

[Approved March 16, 1889. Stats. 1889, p. 202.]

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Joint liability of owners of ditch or flume.

Section 1. When two or more persons are associated by agreement in the use of a ditch or flume, or are using for the irrigation of land a ditch or flume, to the construction of which they or their grantors have contributed, each of them shall be liable to the other for the reasonable expense of maintaining and repairing the same in proportion to the share in the use of the water to which he is entitled.

Action for refusal to pay proportional expense.

Sec. 2. If any of them refuse or neglect, after demand in writing, to pay his proportion of such expenses, he shall be liable therefor in an action for contribution in the nature of an action on the case, and in any judgment obtained against him, interest from the time of such demand, at the rate of two per cent per month may be included. Willful appropriation a misdemeanor.

Sec. 3. If any of them willfully appropriate to his own use more than his proportionate share of the water from such ditch or flume, to the detriment of his associates, or any of them, he shall be liable in damages in treble the value of the water so appropriated in excess of his proper share.

Actions, how brought.

Sec. 4. The actions provided for in sections two and three may be brought by any or either of the parties injured, and may be joint or several.

Sec. 5. This act shall take effect from and after its passage.

ACT 955.

TITLE 135.

DIVORCES.

[Stats. 1851, p. 186.]

Supplemented 1857, 240.

Concerning divorces.

Amended 1853, 70; 1869-70, 291.

Superseded by provisions of Civil Code.

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Incorporating town of. [Stats. 1877-8, p. 712.]

Superseded by incorporation, in 1884, under Municipal Corporation Act of 1883.

TITLE 137.

DOGS.

Dogs killing sheep, liability for: See Sheep, post.

ACT 965.

An act to protect sheep and cashmere and angora goats against the ravages of dogs.

[Approved March 13, 1866; 1865-6, 225.]

This act is not included in the acts in force compiled by the code commissioners. It has not been in terms repealed. It is difficult to tell what, if any, part of it is in force, and it is therefore set forth at length.

Dog tax.

Section 1. Every owner, claimant, or keeper of a dog or dogs of the age of four months or over, shall hereafter pay an annual tax on all dogs owned, claimed, or kept by him or her; for the first male dog, one dollar; for every additional male dog, two dollars; and for every female dog, three dollars.

Collection.

Sec. 2. It shall be the duty of the county, district, or township assessors, as the case may be, at the time of making their annual assessment of real estate and personal property, to ascertain by diligent inquiry and examination the names of all persons owning, claiming, or keeping any dog or dogs, and they shall assess all such dogs in the amounts respectively, as provided in the first section of this act, to the person or persons owning, claiming, or keeping the same, and shall make lists and delivery thereof on their annual tax lists or assessment rolls at the same time and in the same manner as their lists and delivery of other personal property are made and delivered; and the proper officers are hereby empowered and required to collect such tax on dogs in the same mode and manner as other taxes are collected, and to pay over the same into the county school fund.

Ownership.

Sec. 3. Every dog kept or staying at any house shall be deemed sufficient evidence of ownership to authorize the assessor to return the person inhabiting the house as the owner of such dog; and any person sending his or her dog from house to house or from place to place in order

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to evade said tax shall pay double rates therefor; and every dog not so returned shall be deemed to have no owner, and may be lawfully killed by any person seeing the same running at large.

Damages.

Sec. 4. The owner or owners of any dog or dogs which shall worry, wound, or kill any sheep, cashmere or angora goats, shall be liable to the owner or possessor of such sheep, goat or goats, for the damages and costs of suit, to be recovered before any court having jurisdiction in the

case.

Killing.

Sec. 5. Any person finding any dog or dogs, not on the premises of its owner, worrying, wounding, or killing any sheep, or cashmere or angora goats, may kill the same, and the owner thereof shall sustain no action for damages against any person so killing any dog or dogs under such circumstances.

TITLE 138.

ACT 970.

DORRIS BRIDGE, TOWN OF.

Dorris Bridge, name changed to Alturas.

513.]

[Stats. 1875-6,

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To incorporate. [Stats. 1863, p. 74.]

Amended and repealed 1863-4, 275; 1865-6, 642. Repealed 1901, 276.

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To promote drainage. [Stats. 1880, p. 123.]

Unconstitutional.

Weil, 58 Cal. 334.)

ACT 981.

(People v. Parks, 58 Cal. 624; Doane v.

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Creating Sacramento River drainage district, to establish a board of commissioners therefor and to define their powers and duties. [Stats. 1877-8, p. 987.].

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ACT 982.

To provide for the organization and government of drainage districts, for the drainage of agricultural lands other than swamp and overflowed lands. [Stats. 1897, p. 334.]

Amended 1901, 554. Repealed 1903, 317.

ACT 983.

To provide a system of drainage for agricultural, swamp, and overflowed lands. [Approved March 3, 1881. Stats. 1881, p. 15.]

Amended 1897, 220.

Unconstitutional. (Hickey v. Stearns Rancho Co., 126 Cal. 151.)

ACT 984.

To abolish the state drainage construction fund and directing the transfer of any balance remaining therein to the general fund. [Stats. 1893, p. 64.]

ACT 985.

An act to promote drainage.

[Approved March 18, 1885; 1885, 204.]

Amended 1891, 262.

Petition to adopt measures to drain lands.

Section 1. Whenever the owners of two thirds of any body of lands susceptible of one mode of drainage desire to drain the same, they may present to the board of supervisors of the county in which the lands, or the greater portion thereof, are situated, at a regular meeting of the board, a petition setting forth that they desire to adopt measures to drain the same, the description of the land, the number of acres in the whole district, and the number of acres in each tract, and the names of the owners thereof, and the names of three persons who may desire to serve as trustees for the first three months; the petition must be verified by the affidavit of one of the petitioners, and must be published for four weeks next preceding the hearing thereof, in some newspaper published in the county in which the lands are situated; or if there is no newspaper published in the county, then it must be published in some newspaper having a general circulation in the county, and an affidavit of such publication must be filed with the petition.

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