man of the Board mileage in coming to the meeting of said Board of Commissioners, not exceeding twenty-five cents per mile for the actual and necessary number of miles so traveled by him. SEC. 13. This Act shall take effect from and after its passage. Appropriation CHAP. CCCCXX.-An Act to provide a Contingent Fund for the use of the Legislature. [Approved March 29, 1878.] The People of the State of California, represented in Senate and SECTION 1. The sum of five thousand dollars is hereby authorized. appropriated out of any money in the State treasury, not otherwise appropriated, to defray the contingent expenses of the Senate at the twenty-second session of the Legislature, and said amount shall be subject to its order. SEC. 2. The moneys hereby appropriated shall be exempt from the provisions of section six hundred and seventy-two of the Political Code. SEC. 3. This Act shall take effect from and after its passage. CHAP. CCCCXXI.-[See volume of Amendments to the Codes.] CHAP. CCCCXXII.-[See volume of Amendments to the Codes.] Court of record made. CHAP. CCCCXXIII.-An Act amendatory of and supplemental to an Act entitled "An Act to create a City Criminal Court in and for the City and County of San Francisco, to define its powers and jurisdiction," approved April third, eighteen hundred and seventy-six. [Approved March 28, 1878.] The People of the State of California, represented in Senate and SECTION 1. The City Criminal Court in and for the City and County of San Francisco, created and established by an Act entitled an Act to create a City Criminal Court in and for the City and County of San Francisco, to define its powers and jurisdiction, approved April third, eighteen hundred and seventy-six, shall be, and hereby is made a Court of record, and shall have a seal, of such device as shall be adopted by the Judge thereof, a description of which shall be entered on the minutes of the Court, and filed in the office of the Secretary of State. ment of Clerks. SEC. 2. There shall be six terms of said Court held in Terms of each year, commencing on the first Monday of the months Court. of January, March, May, July, September, and November. SEC. 3. The County Clerk of said city and county shall Appointappoint one Court-room Clerk, who shall receive a salary of one hundred and fifty dollars per month; one Register Clerk, who shall receive a salary of one hundred and twentyfive dollars per month. Said Clerks shall be Deputy County Clerks, and their salaries shall be audited and paid as the salaries of Deputy County Clerks in said city are now audited and paid. On entering upon the discharge of their duties, the said Court-room and Register Clerks shall execute good and sufficient bonds to the City and County of San Francisco, to be approved by the Mayor and the Judge of said. Court, in such sums as the Board of Supervisors shall direct, for the faithful performance of their duties. cedure made SEC. 4. Chapter One, of Articles One, Two, Three, Four, Code of Five, Eight and Ten, of Title Three, Part One, of the Code Civil Pro of Civil Procedure, and Acts amendatory and supplemental applicable. thereto, relative to jurors, and the manner of drawing the same, are hereby made applicable to the City Criminal Court. And the Judge thereof is hereby added to the number of the Judges who are authorized to select jury lists for said city and county. SEC. 5. The City Criminal Court has all the power which Power given the Municipal Criminal Court of said city and county now to Court. has to regulate its forms of process and procedure, and to make all needful rules and regulations for its own government and the government of its officers. SEC. 6. All laws regulating proceedings in said Municipal Laws made Criminal Court, or in the District Courts, are made applica- applicable. ble to proceedings in the City Criminal Court, so far as they are not inconsistent with the provisions of this Act; and all writs and process issued out of said Court may be executed within said city and county, and returned by the Bailiff of said Court; said Bailiff to be appointed by the Sheriff of Salary of said city and county, and to receive a salary of one hundred Bailiff. and twenty five dollars per month; said salary to be paid the same as the salaries of other Bailiffs are now paid, and any provisions of law authorizing the appointment of a police officer as Bailiff of said Court is hereby repealed. Said Court has the power to issue all writs of subpoena and Power of other process, and the same may be served beyond the limits Court. of said City and County of San Francisco, and shall be considered of the same effect as writs and process issued out of said Municipal Criminal Court, and obedience to such subpœnas and process, when properly issued and served, may Proceedings construed; how. Power of Powers conferred on Court. Concurrent jurisdiction given to . be enforced in like manner as obedience to a subpoena is enforced by said Municipal Criminal Court. SEC. 7. The proceedings of the City Criminal Court shall be construed in the same manner and with like intendments as the proceedings of Courts of general jurisdiction; and to its records, orders, and judgments, there shall be accorded the like force, effect, and legal presumptions, as to the records, orders, judgments, and decrees of the District Courts, or the Municipal Criminal Court. SEC. 8. The Judge of the City Criminal Court is a con- . servator of the peace within said city and county, and may exercise all the powers conferred on judicial officers as Magistrates. The Judge of said Court is also empowered to take and certify affidavits to be read or filed in any Court, or before any judicial officer of this State, and in other cases where a judicial oath or affidavit is required, except in those cases where such oath or affidavit shall be specially provided by law to be taken before some other officer or tribunal. SEC. 9. All the powers, duties, and jurisdiction conferred upon any Court in the City and County of San Francisco, by virtue of the provisions of an Act entitled an Act to establish the Industrial School Department of the City and County of San Francisco, approved April fifteenth, eighteen hundred and fifty-eight, or of any Act amendatory of or supplemental thereto, and all the powers, duties, and jurisdiction conferred upon any of said Courts by an Act entitled an Act relating to the Home of the Inebriate of San Francisco, and to prescribe the powers and duties of the Board of Managers, and the officers thereof, approved April first, eighteen hundred and seventy, or of any Act amendatory of or supplemental thereto, are conferred upon the City Criminal Court; this Act shall not be so construed, however, as to divest the jurisdiction of any Court now having the same under said Act or Acts. SEC. 10. The City Criminal Court shall have, with the Municipal Criminal Court, concurrent jurisdiction to hear, Court. try, adjudicate, and determine all indictments for misdemeanor presented by the Grand Jury of the City and County of San Francisco, and transferred by the County Court to said Courts for trial; and it is made the duty of the County Court to cause all such indictments to be forthwith transferred to said City Criminal Court or to said Municipal Criminal Court, as the County Court may, by order, direct. Trial of misdemeanor by SEC. 11. Whenever, in the Police Judge's Court of said. jury; where city and county, any person charged with a misdemeanor assigned. which said Court has jurisdiction to try and determine, shall demand a jury trial, excepting charges of violation of the ordinances of said city and county over which said Police. Judge's Court shall have exclusive jurisdiction, such cause shall be forthwith assigned and certified for trial to the City Criminal Court, which Court shall thereupon have full power to hear, try, adjudicate, and determine the same. Original jurisdiction of Court. SEC. 12. The City Criminal Court has original jurisdiction to hear, try, and determine, either by the Court in cases where a jury trial is waived by the defendant and such waiver assented to by Court, or by jury, all statutory misdemeanors, where the fine does not exceed one thousand dollars or the imprisonment exceed one year; and shall have power to issue all necessary process or order to obtain such jurisdiction; provided, this section shall not be so construed as to affect the operation of section eleven of this Act relative to the trial of indictable misdemeanors. SEC. 13. In all cases transferred from the Police Judge's Court for trial in the City Criminal Court, the defendant shall lose no right of demurrer or plea by reason of such transfer, and may, with the consent of the Court, waive a jury trial. punishment SEC. 14. In all cases where the City Criminal Court is Manner of authorized to impose a fine, or imprisonment in the County prescribed Jail, or both, it may, instead thereof, sentence the offender by Court. to imprisonment at hard labor in the House of Correction of said city and county, or to labor on the public works of said city and county, for a period of time equal to the term of imprisonment which might legally be imposed; and may, in case of imposing a fine, embrace, as part of the sentence, that in default of payment of such fine the offender shall be employed to work in the House of Correction or on the public works, at the rate of two dollars per day, until the fine be thereby paid. By the term public works, as used in this Act, is understood the construction, repair, or cleaning of any street, road, dock, wharf, public park, building, or other work whatsover which is authorized to be done by and for the use and benefit of said city and county, the expense of which is not to be borne exclusively by the individuals or property particularly benefited thereby. SEC. 15. When any vacancy occurs in the office of Judge Vacancy; of the City Criminal Court, the Governor shall appoint a how filled. suitable person to fill the same for the unexpired term. Whenever, from sickness or other just and legal cause, the Judge of the City Criminal Court is unable to serve, he shall call in the County Judge of any neighboring county. The Judge so acting instead of the Judge of the City Criminal Court shall have power to perform any and all the duties of the Judge of the City Criminal Court, and shall hear, try, adjudicate, and determine all cases and proceedings over which said Judge has jurisdiction. SEC. 16. All Acts and parts of Acts in conflict with this Act are hereby repealed. Resolution ratified. CHAP. CCCCXXIV.-An Act to ratify and confirm resolution number eleven thousand nine hundred, new series, of the Board of Supervisors of the City and County of San Francisco. [Approved March 29, 1878.] The People of the State of California, represented in Senate and SECTION 1. Resolution number eleven thousand nine hundred (new series) of the Board of Supervisors of the City and County of San Francisco, vacating Florida, York, Hampshire, and Jersey Streets, from Twenty to Twenty-first Streets, Columbia Street from Twenty-first to Butte Street, and Shasta Street from Potrero Avenue to Harrison Street, and opening in lieu thereof Alabama Street, from Twenty-first Street to Butte Street, and Columbia Street, Bryant Avenue, York, and Hampshire Streets, from Twenty-first to Twenty Streets, is hereby ratified and confirmed, and said streets vacated are hereby declared to be severally vacated, and said streets opened are hereby declared to be opened in accordance with the terms of said resolution. SEC. 2. This Act shall take effect immediately. Lake declared navigable. CHAP. CCCCXXV.-An Act to declare Clear Lake, in Lake [Approved March 29, 1878.] The People of the State of California, represented in Senate and SECTION 1. Clear Lake, in Lake County, in the State of California, is hereby navigable. Nothing herein contained shall be deemed to interfere with rights of swamp or overflowed land owners and claimants around the margin of said Lake to reclaim the same, as now authorized and provided for by law. SEC. 2. This Act shall take effect and be in force from and after its passage. Payment out of Special CHAP. CCCCXXVI.-An Act providing for the payment of certain salaries out of the "Special Fee Fund" of the City and County of San Francisco. [Approved March 29, 1878.] The People of the State of California, represented in Senate and SECTION 1. The salaries of such Clerks as are now employed authorized. in the different departments of the government of the City Fee Fund |