Stats. 1871-2, p. 925. An Act to regulate the erection of public buildings and structures. [Approved April 1, 1872.] [Enacting clause.] SECTION 1. When by any statute of this State power is given to any State or county officer or officers, or to any Board of Supervisors or corporation, or any Board of Trustees or Commissioners, or other person or persons created or appointed by authority of any such statute, to erect, or cause to be erected or constructed, any State or county or other building or structure, it shall be the duty of said officer or officers, Board of Supervisors, corporation, or Board of Trustees, or Commissioners, or other person or persons, to advertise for plans and specifications in detail for said building or other structure, and to state in said advertisement the amount authorized by law or otherwise to be expended for the erection of said building or structure; and also the premium to be awarded to the architect whose plans and specifications for the same may be adopted. SEC. 2. Whenever the plans and specifications of any architect shall be adopted, such officer or officers, Board of Supervisors, or corporation, or Board of Trustees, or Commissioners, or other person or persons so adopting the same, shall, before any premium shall be awarded for such plans and specifications, require such architect to execute and file with such officer or officers, Board of Supervisors, corporation, or Board of Trustees, or Commissioners, or other person or persons, a good and sufficient bond, with two sufficient sureties thereto, in the penal sum of five thousand dollars, to be approved by such officer or officers, Board of Supervisors, corporation, or Board of Trustees, or Commissioners, or other person or persons, as the case may be, and conditioned that within sixty days from the date of said bond he will, on presentment to him, enter into a contract containing such provisions and conditions as may be required by such officer or officers, Board of Supervisors, corporation, or Board of Trustees, or Commissioners, or other person or persons; and also conditioned that he will give such further bond to secure the faithful performance of such contract, with such sureties as may be required of him, in the event that such officer or officers, Board of Supervisors, corporation, or Board of Trustees, or Commissioners, or other person or persons, so acting under authority of law should, within said sixty days, require said archi- SEC. 3. All contracts entered into by such officer or SEC. 4. This Act shall take effect and be in force from and after its passage. CHAPTER X. HOURS OF LABOR. SECTION 3244. Eight hours a day's work. 3245. Same, on public works. a day's 3244. Eight hours of labor constitute a day's Eight hours work, unless it is otherwise expressly stipulated by work. the parties to a contract. NOTE.-Stats. 1868, p. 63, Sec. 1. public 3245. Eight hours labor constitute a legal day's Same, on work in all cases where the same is performed under works. the authority of any law of this State, or under the direction, control, or by the authority of any officer of this State acting in his official capacity, or under the direction, control, or by the authority, of any municipal corporation within this State, or of any officer thereof acting as such; and a stipulation to that effect must be made a part of all contracts to which the State or any municipal corporation therein is a party. NOTE.-Stats. 1868, p. 63, Sec. 2. The penal clauses of the statute of 1868 are inserted in the Penal Code Cal., Sec. 651. Time, how computed. Leap year. CHAPTER XI. TIME. SECTION 3255. Time, how computed. 3256. Leap year. 3257. The year and its parts. 3258. The week. 3259. The day. 3260. "Day-time" and "night-time" defined. 3255. Time is computed according to the Gregorian or new style; and the first day of January in every year passed since seventeen hundred and fifty-two, or to come, must be reckoned as the first day of the year. NOTE.-"Time," 2 Bouv. Law Dict., p. 595, is "the measure of duration." Generally, in computing time one day is included and one excluded. See authorities there given. When the computation is to be made from an act, the day on which the act is done excluded; id, and authorities there given. Inquiry may be had to the very point of time of the occurrence affecting the rights of parties.-Craig vs. Godfrey, 1 Cal., p. 415. Time as to filing papers.-See Wood vs. Forbes, 5 Cal., p. 62. In giving effect to the intention of contracts there is no uniform rule.-Price vs. Whitman, 8 Cal., p. 412. When time is of the essence of the inquiry a day or fraction is considered.-People vs. Beatty, 14 Cal., p. 566. Jacobs vs. Murray, 15 Cal., p. 221, gives a rule for public bodies exercising functions. See "Enactment of Statutes," time, in Sec. 309, ante, and notes. 3256. The several years one thousand nine hundred, two thousand one hundred, two thousand two hundred, two thousand three hundred, or any other future hundredth year, of which the year two thou sand is the first, except only every fourth hundredth year, are not leap years, but common years of three hundred and sixty-five days; and the years two thousand, two thousand four hundred, two thousand eight hundred, and every other fourth hundredth year from the year two thousand, inclusive, and also every fourth year, except as above mentioned, which, by usage, in this State is considered a leap year, is a leap year consisting of three hundred and sixty-six days. 3257. The term "year" means a period of three hundred and sixty-five days; a half year, one hundred and eighty-two days; a quarter of a year, ninety-one days, and the added day of a leap year, and the day immediately preceding, if they occur in any such period, must be reckoned together as one day. The year and its parts. 3258. A week consists of seven consecutive days. The week. 3259. A day is the period of time between any The day. midnight and the midnight following. 3260. 66 Day-time" is the period of time between "sunrise" and "sunset," and "night-time" is the period of time between "sunset" and "sunrise." "Day time" and night time" defined. CHAPTER XII. MONEY OF ACCOUNT. SECTION 3272. Money of account. 3273. Limitation on preceding section. 3274. Amount, how stated in judgments, etc. account. 3272. The money of account of this State is the Money of dollar, cent, and mill. Public accounts and all proceedings in Courts must be kept and had in conformity to this regulation. NOTE.-Stats. 1850, p. 459, Sec. 1. See Bouv. Law Limitation on preced view that the terms "coin money," used in Art. I, Sec. 8, of the Fed. Const., makes "money" and "coin" synonymous. Such was undoubtedly the original intention of the framers of the Constitution, but the stern law of necessity in the preservation of a national existence, coupled with the power to levy and carry on a war therefor, induced a departure by Congress, and the legal tender Act was enacted under this Article and section, until which time the "money" of the United States consisted in "gold and silver coin;" copper cents and nickels, though authorized to pass as current, were not permitted by Congress to be used as a legal tender. The text proposes to go no further than to regulate the use of money in accounting. Process and judgments are governed by this Chapter. See Co. Civ. Pro. Cal., for "specific contract" enforced by judgment, Sec. 667. 3273. The provisions of the preceding section do ing section. not vitiate or affect any account, charge, or entry originally made, or any note, bond, or other instrument expressed in any other money of account; but the same must be reduced to dollars, or parts of dollars, in any suit thereupon. Amount, how stated in judgments, etc. NOTE.-Stats. 1850, p. 459, Sec. 2. 3274. In judgments and executions the amount thereof must be computed and stated as near as may be in dollars and cents, rejecting fractions. NOTE.-Stats. 1850, p. 459, Sec. 3; and see note Sec. 3272, ante. CHAPTER XIII. AUCTIONS. ARTICLE I. AUCTIONEERS. II. REGULATIONS RESPECTING SALES. III. FRAUDS AND PENALTIES. |