Shares of uation of. CHAPTER LXXX. An act to amend section thirty-six hundred and eight of the Political Code of the state of California, relating to the general revenue of the state, and to property liable to taxation for the purpose of revenue; and to add new sections, to be known as sections number thirty-six hundred and nine and thirty-six hundred and ten, also relating to the general revenue of the state, and to property liable to taxation for the purpose of revenue. The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section thirty-six hundred and eight of the Political Code of the state of California is amended to read as follows: 3608. Shares of stock in corporations possess no intrinsic stock: val value over and above the actual value of the property of the corporation which they stand for and represent; and the assessment and taxation of such shares, and also all the corporate property, would be double taxation. Therefore, all property belonging to corporations, save and except the property of national banking associations not assessable by federal statute, shall be assessed and taxed. But no assessment shall be made of shares of stock in any corporation, save and except in national banking associations, whose property, other than real estate, is exempt from assessment by federal statute. National to be assessed. SEC. 2. A new section is hereby added to the Political Code of the state of California, to be known as section thirty-six hundred and nine thereof, to read as follows: 3609. The stockholders in every national banking assobank stock ciation doing business in this state, and having its principal place of business located in this state, shall be assessed and taxed on the value of their shares of stock therein; and said shares shall be valued and assessed as is other property for taxation, and shall be included in the valuation of the personal property of such stockholders in the assessment of the taxes at the place, city, town, and county where such national banking association is located, and not elsewhere, whether the said stockholders reside in said place, city, town, or county, or not; but in the assessment of such shares, each stockholder shall be allowed all the deductions permitted by law to the holders of moneyed capital in the form of solvent credits, in the same manner as such deductions are allowed by the provision of paragraph six of section thirty-six hundred and twenty-nine of the Political Code of the state of California. In making such assessment to each stockholder, there shall be deducted from the value of his shares of stock such sum as is in the same proportion to such value as the total value of its real estate and property exempt by law from taxation bears to the whole value of all the shares of capital stock in said Deductions. national bank. And nothing herein shall be construed to exempt the real estate of such national bank from taxation. And the assessment and taxation of such shares of stock in said national banking associations shall not be at a greater rate than is made or assessed upon other moneyed capital in the hands of individual citizens of this state. SEC. 3. A new section is hereby added to the Political Code of the state of California, to be known as section thirty-six hundred and ten thereof, to read as follows: sessment 3610. The assessor charged by law with the assessment Assessor's of said shares shall, within ten days after he has made such duty in asassessment, give written notice to each national banking association of such assessment of the shares of its respective shareholders; and no personal or other notice to such shareholders of such assessment shall be necessary for the purpose of this act. And in case the tax on any such stock is unsecured by real estate owned by the holder of such stock, then the bank in which said stock is held shall become liable therefor; and the assessor shall collect the same from said bank, which may then charge the amount of the tax so collected to the account of the stockholder owning such stock, and shall have a lien, prior to all other liens, on his said stock, and the dividends and earnings thereof, for the reimbursement to it of such taxes so paid. SEC. 4. This act shall take effect immediately. [Became a law, under constitutional provision, without Governor's approval, March 14, 1899.] CHAPTER LXXXI. An act to amend the Penal Code by adding a section thereto to be numbered six hundred and twenty-three and one half, relating to the detention of books and other property belonging to any public or incorporated library, reading-room, museum, or other educational institution. 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 of the state of California, to read as follows: library 623. Whoever willfully detains any book, newspaper, willful demagazine, pamphlet, manuscript, or other property belonging to tention of any public or incorporated library, reading-room, museum or books. other educational institution, for thirty days after notice in writing to return the same, given after the expiration of the time which by the rules of such institution such article or other property may be kept, is guilty of a misdemeanor and shall be punished accordingly. [Became a law, under constitutional provision, without Governor's approval, March 14, 1899.] Boundary line be tween Lassen counties. CHAPTER LXXXII.. An act to change and permanently locate the boundary line between the counties of Shasta and Lassen. The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. The boundary line between the counties of Shasta and Lassen is hereby established and permanently located, as Shasta and follows: Beginning at the quarter section corner to sections eight and nine, in township thirty north, range six east, Mount Diablo base and meridian, and running thence north one and one half miles, to line dividing townships thirty and thirty-one at corner common to sections four and five, in township thirty north, range six east; thence east on township line to corner common to sections thirty-two and thirty-three, in township thirty-one north, range six east; thence north twenty-eight miles, to seventh standard parallel north, Mount Diablo base, at corner common to sections eight and nine, in township thirty-five north, range six east; thence west along said standard line to southwest corner of township thirty-six north, range six east; thence north to intersection with south boundary line of Modoc county, at a point seven and one half chains north of the corner common to sections twenty-five and thirtysix, on east line of township thirty-nine north, range five east; Mount Diablo base and meridian. SEC. 2. All other acts and parts of acts in conflict with this act are hereby repealed. SEC. 3. This act shall take effect immediately. [Became a law, under constitutional provision, without Governor's approval, March 14, 1899.] CHAPTER LXXXIII. An act to amend section seven hundred and ninety-eight of an act entitled "An act to provide for the organization, incorporation, and government of municipal corporations," approved March 13, 1883, concerning the powers of boards of education of cities of the fifth class. The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section seven hundred and ninety-eight of an act entitled "An act to provide for the organization, incorporation, and government of municipal corporations," approved March thirteenth, eighteen hundred and eighty-three, is hereby amended so as to read as follows: Boards of education 798. The board of education shall have power: First-To establish and maintain public, primary, kinder- in cities of garten, grammar, and evening schools, and to subdivide the fifth the school districts, and to fix and alter the boundaries of powers of. such subdivisions. Second-To employ and dismiss a superintendent of schools, teachers, janitors, truant officers, and school census marshals, and to fix, alter, allow, and order paid their salaries or compensation; and to employ and pay such mechanics and laborers as may be necessary to carry into effect the powers hereby conferred. Third-To make, establish, and enforce all necessary or proper rules and regulations, not in conflict with the laws of this state, for the government and management of public schools within such city, the teachers thereof, and the pupils therein, and for carrying into effect the laws relating to education. Fourth-To provide for the school department of such city, fuel and lights, water, printing, and stationery, and to incur such other incidental expenses as may be deemed necessary by said board. Fifth-To build, alter, repair, rent and provide school-houses, and to furnish the same with proper school furniture, apparatus, and appliances, and to insure any and all school property. Sixth-To purchase, receive, lease, and hold in fee, in trust for such city, any and all real estate and personal property that may have been acquired, or may hereafter be acquired, for the use and benefit of the schools of such city; provided, that no real estate shall be bought, sold, or exchanged, nor any expenditure incurred for the construction of new school-houses, without the approval of the board of trustees; and provided further, that the proceeds of any such sale or exchange of real estate shall be exclusively applied to the purchase of other lots for the erection of school-houses. Seventh-To grade, fence, and improve all school lots. Eighth-To determine annually the amount of money required for the support of the public schools, and for carrying into effect all the provisions of law in reference thereto; and in pursuance of this provision the board of education shall, at least ten days before the meeting of the board of trustees at which the annual city taxes are levied, submit in writing to the board of trustees a careful estimate of the whole amount of money to be received from the state and county, and of the amount to be required from such city for the above-mentioned purposes; and the amount so found to be required from the city shall, by the board of trustees, be added to the above amounts to be assessed and collected for city purposes, and when collected the proceeds thereof shall be immediately paid into the school fund of such city, to be drawn out only upon the order of the board of education; provided, that such annual tax shall not exceed twenty-five cents on each one hundred class, Boards of education in cities of the fifth class, powers of. dollars of the assessed valuation of the real and personal property within such city. Ninth-To establish regulations for the just and equal disbursement of all moneys belonging to the school fund. Tenth-To discharge all legal incumbrances existing at the time of the incorporation of such city, or thereafter, on any school property within such city. Eleventh-To admit non-resident children, and persons over twenty-one years of age, to any of the departments of the schools of such city, upon the payment, monthly, in advance, of such tuition fee as said board may establish. Twelfth-To prohibit any children under six years of age from attending the public schools. Thirteenth-To establish and regulate the grades of schools in such city, and the course of study, and the mode of instruction to be pursued therein, and to determine what text-books shall be used. Fourteenth-To do and perform, in addition to the foregoing powers, such other acts as may be necessary or proper to carry into effect the powers hereby conferred. SEC. 2. This act shall take effect immediately. [Became a law, under constitutional provision, without Governor's approval, March 14, 1899.] Summons in civil action must con tain what. CHAPTER LXXXIV. An act to amend section eight hundred and forty-four of the Code of Civil Procedure. The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section eight hundred and forty-four of the Code of Civil Procedure is hereby amended to read as follows: 844. The summons must be directed to the defendant, signed by the justice, and must contain: 1. The title of the court, name of the county, city and county, or township in which the action is brought, and the names of the parties thereto; 2. A direction that the defendant appear and answer before the justice, at his office, as specified in section eight hundred and forty-five of this code; 3. A notice that unless the defendant so appear and answer, the plaintiff will take judgment for any money or damages demanded in the complaint, as arising upon contract, or will apply to the court for the relief demanded in the complaint. If the plaintiff appears by attorney, the name of the attorney must be indorsed upon the summons. SEC. 2. This act shall take effect immediately. [Became a law, under constitutional provision, without Governor's approval, March 14, 1899.] |