CHAPTER LXXXV. An act to amend an act entitled "An act to amend an act entitled 'An act to establish a tax on collateral inheritances, bequests, and devises, to provide for its collection, and to direct the disposition of its proceeds,' approved March 23, 1893," approved March 9, 1897. The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section one of an act entitled "An act to establish a tax on collateral inheritances, bequests, and devises, to provide for its collection, and to direct the disposition of its proceeds, approved March twenty-third, eighteen hundred and ninety-three," approved March ninth, eighteen hundred and ninety-seven, is hereby amended so as to read as follows: collateral . Section 1. All property which shall pass, by will or by the Tax upon intestate laws of this state, from any person who may die seized inherit or possessed of the same while a resident of this state, or if such ances. decedent was not a resident of this state at the time of death, which property, or any part thereof, shall be within this state, or any interest therein or income therefrom, which shall be transferred by deed, grant, sale, or gift, made in contemplation of the death of the grantor or bargainor, or intended to take effect in possession or enjoyment after such death, to any person or persons, or to any body politic or corporate, in trust or otherwise, or by reason whereof any person or body politic or corporate shall become beneficially entitled, in possession or expectancy, to any property, or to the income thereof, other than to or for the use of his or her father, mother, husband, wife, lawful issue, the wife or widow of a son, or the husband of a daughter, or any child or children adopted as such in conformity with the laws of the state of California, and any lineal descendant of such decedent born in lawful wedlock, or the societies, corporations, and institutions now or hereafter exempted by law from taxation, or to any public corporation, or to any society, corporation, institution, or association of persons engaged in or devoted to any charitable, benevolent, educational, public, or other like work (pecuniary profit not being its object or purpose), or to any person, society, corporation, institution, or association of persons in trust for or to be devoted to any charitable, benevolent, educational, or public purpose, by reason whereof any such person or corporation shall become beneficially entitled, in possession or expectancy, to any such property, or to the income thereof, shall be and is subject to a tax of five dollars on every hundred dollars of the market value of such property, and at a proportionate rate for any less amount, to be paid to the treasurer of the proper county, as hereinafter defined, for the use of the state; and all administrators, executors, and trustees shall be liable for any Exemp tions. and all such taxes until the same shall have been paid as SEC. 2. The exemptions contained in this act shall apply to SEC. 3. This act shall take effect immediately. [Became a law, under constitutional provision, without Governor's approval, March 14, 1899.] Fees for of ad valorem taxes abolished. CHAPTER LXXXVI. An act to abolish commissions or fees paid by the state for the taxes. [Approved March 14, 1899.] The people of the state of California, represented in senate and SECTION 1. All commissions or fees paid by the state to collection the officers of any county, or city and county, for services rendered in the assessment, equalization, auditing, and collection of ad valorem taxes, are hereby abolished; provided, that this shall not affect the commissions paid to the assessor of the several counties for services rendered in the collection of personal property taxes, as provided by chapter eight of the Political Code, or the mileage allowed to the treasurer of the several counties, or cities and counties, in making settlements with the state, as provided by section three thousand eight hundred and seventy-six of the Political Code. SEC. 2. All acts or parts of acts in conflict with this act are hereby repealed. SEC. 3. This act shall take effect from and after its passage. CHAPTER LXXXVII. An act to add a new section to the Penal Code, to be distinguished as section three hundred and fifty-four and one half, making it a misdemeanor to sell or traffic in or refill any cask, keg, bottle, vessel, siphon, can, case, or other package bearing the duly filed trademark or name of another, printed, branded, stamped, engrossed, etched, blown, or otherwise attached or produced thereon. [Approved March 14, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. A new section is hereby added to the Penal Code next after section three hundred and fifty-four and included in chapter twelve, title nine, part one, and designated as section three hundred and fifty-four and one half, to read as follows: 354. Every person who willfully sells, or traffics in Unlawful any cask, keg, bottle, vessel, siphon, can, case, or other package use of bearing the duly filed trademark or name of another, printed, marks. branded, stamped, engraved, etched, blown, or otherwise attached or produced thereon, or refills any such cask, keg, bottle, vessel, siphon, can, case, or other package with intent to defraud the owner thereof, without the consent of the owner thereof, or unless the same shall have been purchased from the owner thereof, is guilty of a misdemeanor. CHAPTER LXXXVIII. An act authorizing and directing district attorneys to bring suits to abate public nuisances. The people of the state of California, represented in senate and assembly, do enact as follows: abatement SECTION 1. The district attorney of any county of this state Nuisances, in which a public nuisance may now or hereafter shall exist, of. may, and when directed by the board of supervisors of the county shall, bring a civil action in the name of the people of the state to abate said nuisance. SEC. 2. All acts or parts of acts in conflict with this are hereby repealed. SEC. 3. This act shall take effect and be in force immediately after its passage. [Became a law, under constitutional provision, without Governor's approval, March 15, 1899.] Appropriation for fish at Sisson and Price creek. CHAPTER LXXXIX. An act making an appropriation for improving, enlarging, and equipping the state fish hatcheries at Sisson and Price creek. The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. The sum of three thousand five hundred dollars is hereby appropriated out of any moneys in the state treasury hatcheries not otherwise appropriated, to pay for improving, enlarging, and equipping the state fish hatcheries located at Sisson, Siskiyou county, and at Price creek, in Humboldt county, and to be allowed as follows: For improving, enlarging, and equipping the state fish hatchery at Sisson, two thousand dollars; for improving, enlarging, and equipping the state fish hatchery at Price creek, one thousand five hundred dollars. SEC. 2. The claims for the improvement, enlargement, and equipment of said hatcheries shall be presented to, and allowed by the board of examiners. SEC. 3. The controller of the state is hereby authorized to draw his warrant for the amounts herein specified, in favor of the board of fish commissioners, and the treasurer of the state is directed to pay the same. SEC. 4. This act shall take effect immediately. [Became a law, under constitutional provision, without Governor's approval, March 16, 1899.] Trustee under a will may decline. CHAPTER XC. An act to amend section one thousand seven hundred and two of the Code of Civil Procedure of the state of California, relating to the appointment of trustees. The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section one thousand seven hundred and two of the Code of Civil Procedure of the state of California is amended so as to read as follows: 1702. Any person named or designated as a trustee in any will which has been or shall hereafter be admitted to probate in this state may, at any time before final distribution, decline to act as such trustee, and an order of court shall thereupon be made accepting such resignation; but the declination Executor, of any such person who has qualified as executor shall not be accepted by the court, unless the same shall be in writing and filed in the matter of the estate in the court in which the administration is pending, and such notice shall be given thereof as is required upon a petition praying for letters of administration. The court in which the administration is pending shall resigna tion of. trustee or by court. have power at any time before final distribution to appoint Appointsome fit and proper person to fill any vacancy in the office of ment of trustee under the will, whether resulting from such declination, executor removal, or otherwise; provided, it shall be required by law or necessary to carry out the trust created by the will, that such vacancy shall be filled; and every person so appointed shall, before acting as trustee, give a bond such as is required by section one thousand three hundred and eighty-eight of this code, of a person to whom letters of administration are directed to issue. Such appointment may be made by the probate judge upon the written application of any person interested in the trust filed in the probate proceedings, and shall only be made after notice to all parties interested in the trust, given in the same manner as notice is required to be given of the hearing upon the petition for the probate of a will. In each of the preceding cases the court may order such further notice as shall seem necessary. In accepting a declination under the provisions of this section, the court may make and enforce any order which may be necessary for the preservation of the estate. This section shall be applicable to any and all estates now pending in which a final distribution and discharge has not been granted. SEC. 2. This act shall take effect immediately. [Became a law, under constitutional provision, without Governor's approval, March 16, 1899.] CHAPTER XCI. An act to provide for the disposal of money raised by cities or towns for public improvement after the same has been completed and paid for. The people of the state of California, represented in senate and assembly, do enact as follows: after com specific SECTION 1. Whenever any city or town hereafter raises, or Disposal of has heretofore voted to raise, any sum of money for a specific residue public improvement, and after such improvement has been fully pletion of completed and paid for, a residue remains, for the disposition of public which there is now no provision of law, such residue shall be work. paid into the general fund of such city or town and form part thereof. [Became a law, under constitutional provision, without Governor's approval, March 16, 1899.] |