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for any fiscal year, the complaint may be in the following form, and shall be legally sufficient, and on the trial thereof the duplicate assessmentroll for any said fiscal year, of said county, or city or county, or a copy of any entry therein duly certified, showing unpaid taxes against the defendant, or in cases where the defendant is sued in a representative capacity against any person or estate he represents, shall be prima facie evidence of the plaintiff's right to recover:

(Title of court.) (Name of plaintiff) vs. (name of defendant.) Plaintiff avers that defendant is indebted to plaintiff in the sum of (naming the amount for county, or city and county), taxes, with five per cent penalty added thereto for the nonpayment thereof, and interest thereon at the rate of two per cent per month from the (date), and fifty cents costs of advertising. Plaintiff further avers that defendant is indebted to plaintiff in the further sum of $- (naming amount), for state taxes, with five per cent penalty added thereto for the nonpayment thereof, and interest thereon at the rate of two per cent per month from (date), and fifty cents costs of advertising, which said taxes were duly assessed and levied upon (the real or personal) property of said defendant, to wit: (describe property as assessed), for the fiscal year (naming the year). Wherefore, plaintiff prays judgment against said defendant, for said several sums, with interest and penalty as aforesaid, and costs of suit. (Signature of attorney.)

And in any case where the defendant is sued in a representative capacity, such other further or additional allegations as may be necessary to charge him in such capacity; and it is further provided, that any county, or city and county, where such taxes are delinquent, may sue in its own name for the recovery of delinquent taxes, whether the same be for county, or city and county, and state purposes, or taxes, or either of them.

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

ACT 4062.

To protect the county treasuries of certain counties,

[Approved March

16, 1874.

Stats. 1873-74, p. 393.1

It was

This act provides that the assessors of Siskiyou, Calaveras, Amador, and Alpine counties should pay the salaries of deputies employed by them. probably repealed by the County Government Act.

ACT 4063.

Firemen in certain counties, to be exempt from payment of poll tax.

[Stats. 1873-4, p. 731.]

Repealed 1875-76, p. 287.

This act exempted the firemen of the counties of Nevada, Placer, El Dorado, Alameda, and Siskiyou,

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ACT 4064.

An act to legalize, confirm, and validate tax deeds made to the state of California for delinquent taxes, and deeds made to purchasers of property sold under and in pursuance of the provisions of sections 3897 and 3898 of the Political Code. [Approved April 15, 1909. Stats. 1909, p. 920.]

ACT 4068.

TITLE 515.

TEHAMA COUNTY.

To protect agriculture and prevent trespassing of animals in. [Stats 1873-74, p. 853.]

Amended 1875-76, p. 643.

"Modified and probably repealed by 1877-78, p. 176, c. CXXXVI, and 1897, See the estray law of 1901, p. 603."-Code Commissioners' Note.

p. 198.

ACT 4069.

Relating to salary and duties of assessor of. [Stats. 1871-72, p. 756.) Repealed by County Government Act, 1897, p. 452.

АСТ 4070.

Canal companies in, authorizing incorporation of. [Stats. 1871-72, p. 732.]

Supplementing act of April 2, 1870.

ACT 4071.

ACT 4072.

Cemeteries in, supporting. [Stats. 1871-72, p. 872.]

Relating to certain officers of. [Stats. 1871-82, p. 755.]

Repealed by County Government Act, 1897, p. 552, § 193.

This act fixed the salary of the district attorney and permitted the county clerk to hire a deputy.

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Authorizing transcribing records of Tehama County from the records of Colusa, Shasta, and Butte counties. [Stats. 1859, p. 151.]

ACT 4076.

Road poll tax. [Stats. 1873-74, p. 431.]

As to assessors retaining fees, repealed by County Government Acts: See 1897, p. 552, § 193.

ACT 4077.

Road poll tax and hospital poll tax. [Stats. 1877-78, p. 211.]

Repealed as to poll-tax by Political Code, § 2652, and by the provisions of the various County Government Acts.

ACT 4078.

Redistricting and reorganizing board of supervisors. [Stats. 1873-74, p. 816.]

Superseded by County Government Acts: See 1897, p. 452.

ACT 4079.

Making treasurer of ex officio tax collector. [Stats. 1873-74, p. 796.]
Amended 1875-76, p. 232. Repealed by County Government Acts: See 1897,

p. 452.

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To prevent hogs from running at large in. [Stats. 1873-74, p. 776.]
Repealed 1877-78, p. 79.

ACT 4089.

TITLE 517.
TELEGRAPH LINES.

Concerning telegraphic messages and to secure secrecy and fidelity in
the transmission thereof. [Stats. 1861, p. 380.]
Superseded by statute of 1862, p. 288.

АСТ 4090.

For regulating telegraphs and to secure secrecy and fidelity in the transmission of telegraphic messages. [Stats. 1862, p. 288.]

Amended 1863-64, p. 232.

"As to Penal provisions, superseded by Penal Code (see §§ 619-621, 680; Civil Code, § 1017); but section 17, relating to contracts and communications, probably remains in force."-Code Commissioners' Note.

ACT 4091.

Providing for the construction of a telegraph line between the Atlantic and the Pacific. [Stats. 1865-66, p. 102.]

ACT 4092.

Providing for the construction of a telegraph line from San Jose to
San Bernardino. [Stats. 1865-66, p. 308.]

Amended 1867-68, p. 530.

ACT 4093.

Authorizing telegraph between Los Angeles and Wilmington. [Stats. 1871-72, p. 87.]

ACT 4094.

Telegraphic communication between America and Asia, act to facilitate. [Stats. 1871-72, p. 97.]

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TITLE 518.

TENEMENT HOUSES.

ACT 4097.

An act to regulate the building and occupancy of tenement houses in incorporated towns, incorporated cities and cities and counties, and to provide penalties for the violation thereof.

[Approved April 16, 1909. Stats. 1909, p. 948.]

Tenement house act.

§ 1. This act shall be known as the tenement house act, and its provisions shall apply to all incorporated towns, incorporated cities, cities and counties in the state of California.

Definition of phrases.

§ 2. For the purpose of this act certain words and phrases are defined as follows:

A tenement house is any house or building, or portion thereof, which is rented, leased, let or hired out, to be occupied or is occupied as the home or residence of three families or more living independently of each other, and doing their cooking upon the premises, or by more than two families upon any floor so living and cooking, but having a common right in the halls, stairways, yards, water-closets or privies or some or any of them.

An apartment in a tenement house is a room or suite of rooms which is occupied, or is intended or designed to be occupied as a family domicile.

A yard is an open, unoccupied space on the same lot with a tenement house, between the extreme rear line of the house and the rear line of the lot.

A court is an open, unoccupied space, other than a yard, on the same lot with a tenement house. A court not extending to the street or yard is an inner court. A court extending to the street or yard is an outer court. If it extends to the street it is a street court. If it extends to the yard it is a yard court. If it extends from the street to the yard it is a street-to-yard court. A court bounded on one side and both ends by a tenement house and on the remaining side by a lot line is a "lotline" court.

A shaft includes exterior and interior shafts, whether for air, light, elevator, dumbwaiter, or any other purpose. A vent shaft is one used solely to ventilate or light a water-closet compartment or bathroom. A public hall is a hall, corridor or passageway not within an apart

ment.

A stair hall includes the stairs, stair landings and those portions of the public halls through which it is necessary to pass in going between the entrance hall and the roof.

A basement is a story partly below the level of the curb, the ceiling of which is not less than four feet six inches above the curb level.

A cellar is any story partly or wholly below the level of the curb, the ceiling of which is less than four feet six inches above the curb level.

A fireproof tenement house is one the walls of which are constructed of brick, stone, iron or other incombustible material, and in which there are no wood beams or lintels and in which the floors, roofs, stair halls and public halls are built entirely of brick, stone, iron, or other hard incombustible material, and in which no woodwork or other inflammable material is used in any of the partitions, furrings or ceilings. But this definition shall not be construed as prohibiting elsewhere than in the stair halls or entrance halls, the use of wooden flooring on top of the fireproof floors or the use of wooden sleepers, nor as prohibiting wooden hand rails, and hardwood treads.

The term curb level wherever used in this act means the level of the curb directly in front of the middle of the street line of the tenement house; where a tenement house is on a corner lot, or on a lot which runs through from one street to another street, and there is more than one grade or level, the lowest level shall be taken.

Buildings converted to tenement uses.

§3. A building not erected for use as a tenement house, if hereafter altered or converted to such use, shall thereupon become subject to all of the provisions of this act affecting tenement houses hereafter erected. Unlawful structure defined.

§4. No tenement house shall at any time be altered so as to be in violation of any provision of this act. If any tenement house or any part thereof be occupied by more families than provided by this act, or is erected, altered or occupied contrary to law, such tenement house shall be deemed an unlawful structure, and the department charged with the enforcement of this act may cause such building to be vacated. And such building shall not again be occupied until it or its occupation, as the case may be, has been made to conform to the law.

Fireproof tenement.

§ 5. Every tenement house hereafter erected exceeding six stories or parts of stories in height (above the curb) shall be a fireproof tenement house, nor shall any such tenement house be altered so as to exceed such height without being made fireproof. A cellar is not a story within the meaning of this section, provided that no part of such cellar or basement is occupied or arranged to be occupied for living purposes.

Fire-escapes.

§ 6. Every tenement house that is occupied or is intended to be occupied shall be provided and equipped with stand-pipes and with metallic fire-escapes, combined with suitable metallic balconies, platforms and railings, as provided for, or which shall be provided for by the ordinances. of the incorporated town, city, or city and county in which the tenement house is situated. No encumbrance of any kind shall at any time be placed before, upon or against any stairway, steps or landings or fireescapes in or upon any tenement house. All fire-escapes upon tenement houses shall be kept in good order and repair, and every exposed part thereof shall at all times be protected against rust by durable paint.

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