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ACT 923.

An act to create the office of state dental surgeon, prescribing his duties, fix his manner of appointment, salary and term of office, and to make an appropriation for the expenses of his office.

[Approved April 16, 1909. Stats. 1909, p. 947.]

§1. The office of state dental surgeon is hereby created. It shall be the duty of the governor, on or before the tenth day of July, 1909, to appoint a skilled dental surgeon for the state of California to fill said office of state dental surgeon, who at the date of such appointment shall be a graduate in good standing of a recognized college of dental surgery, legally qualified to practice as such in this state, and shall hold said office for the period of four years from and after the date of qualification, provided, however, when a vacancy occurs in the office of state dental surgeon from whatever cause the governor shall fill by appointment said term for the unexpired part thereof only. The salary of said state dental surgeon shall be $2,400 per annum, and shall be paid at the same time and in the same manner as are the salaries of other state officers.

§ 2. The duties of the state dental surgeon shall be to perform the dental services for the inmates of the various state hospitals. Said dental services shall be performed in an efficient and durable manner as possible, and shall consist of cement and amalgam fillings, treatment and extracting teeth, inserting artificial teeth on vulcanite plates, and per form such oral surgery operations as may be referred to him by the superintendents of the various state hospitals. No services shall be performed by the state dental surgeon for any officer or employee of any state institution, except in the case of extreme emergency.

§ 3. The state dental surgeon must visit every state hospital at least twice in each year, and shall at all times be under the supervision of the California state commission in lunacy.

§ 4. For the purpose of carrying out the provisions of this act the sum of three thousand five hundred ($3,500) dollars is hereby appropriated to pay the traveling expenses of the state dental surgeon to the various state hospitals and for the purchase of operating and extracting instruments and such apparatus as may be needed for the making of plates, and such other expenses as may be required in the discharge of his duties.

§ 5. This act shall be in force and effect from and after July 1, 1909.

ACT 927.

TITLE 135.

DESCENT AND DISTRIBUTION.

To regulate descents and distribution. [Stats. 1850, p. 219.]
Superseded by Civil Code, § 1386.

ACT 932.

TITLE 136.
DIABLO CREEK.

To declare Diablo Creek in Contra Costa County navigable. [Stats.

1858, p. 127.]

[blocks in formation]

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, §§ 3093-3095.

TITLE 138.

ACT 942.

DISTRICT ATTORNEYS.

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

Superseded by Political Code, § 4156.

See Penal Code, § 373a, and also People v. McCue, 83 Cal. Dec. 45.

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. 1865-66, p. 163.]

Amended 1865-66, p. 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. 187172, p. 799.]

"Probably repealed by §§ 171, 177, 186 and 211 of the County Government Act, 1897, pp. 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.

ACT 950.

TITLE 139.
DITCHES.

An act for the protection of the owners of ditches and flumes. [Approved March 16, 1889. Stats. 1889, p. 202.]

Citations. Cal. 149/551.

This act related to the liability of joint owners of ditches and flumes.

Codified in part by §§ 842, 843 of Civil Code, 1905. See note to § 842, Civil Code.

ACT 955.

TITLE 140.

DIVORCES.

Concerning divorces.

[Stats. 1851, p. 186.]

Amended 1853, p. 70; 1869-70, p. 291. Supplemented 1857, p. 240. seded by provisions of Civil Code.

TITLE 141.
DIXON.

Super

ACT 960.

Incorporating town of. [Stats. 1877-78, p. 712.]

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

1883.

TITLE 142.
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.

Dog tax.

[Approved March 13, 1866. Stats. 1865-66, p. 225.]

§ 1. Every owner, claimant, or keeper of a dog or dogs at 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.

§ 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.

$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 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 run at large.

Damages.

§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 ease.

Killing.

$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.

"Superseded in part by Civil Code, 3341, and probably not in force in any particular."-Code Commissioner's Note.

TITLE 143.

ACT 970.

DORRIS BRIDGE, TOWN OF.

Dorris Bridge, name changed to Alturas. [Stats. 1875-76, p. 513.]

TITLE 144.

ACT 975.

DOWNIEVILLE.

[Stats. 1863, p. 74.]

To incorporate.

Amended 1863-64, p. 275; 1865-66, p. 642. Repealed 1901, p. 276.

ACT 978.

TITLE 145.
DRAINAGE.

An act to create a drainage district to be called Yolo basin drainage district, to promote drainage therein, and to provide for the management and control of said drainage district. [Approved April 21, 1909. Stats. 1909, p. 1024.]

Gen. Laws-20

ACT 979.
An act to create a drainage district to be called "Sacramento Drainage
District," to promote drainage therein; to provide for the election
and appointment of officers of said drainage district; refining the
powers, duties and compensations of such officers and providing for
the creation, division and management of reclamation, swamp land,
levee, drainage and protection districts within said Sacramento
drainage district, and providing for levying and collecting assess-
ments upon the lands within said drainage district. [Stats. 1905,
p. 443.]

Amended 1907, p. 736; 1907, p. 903.

ACT 980.

To promote drainage.

[Stats. 1880, p. 123.]

Unconstitutional. (People v. Parks, 58 Cal. 624; Doane v. Weil, 58 Cal. 334.)

ACT 981.

Creating Sacramento River drainage district, to establish a board of commissioners therefor and to define their powers and duties. [Stats. 1877-78, p. 987.]

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, p. 554. Repealed 1903, p. 317.

Citations. Cal. 142/201.

ACT 983.

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

Amended 1897, p. 220.

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

Citations. Cal. 106/422, 425; 126/152; 144/216.

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.]

See post, Act 1282.

ACT 985.

An act to promote drainage.

[Approved March 18, 1885. Stats. 1885, p. 204.]

Amended 1891, p. 262; 1909, p. 25.

Citations. Cal. 126/152; 144/210, 211, 212, 213, 214, 216, 217.

Petition for drainage procedure. Publication.

§ 1. Whenever the owners of two-thirds of any body of land susceptible of one mode of drainage desire to drain the same, they may

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