for such trustee or trustees, or by counsel for a majority thereof, which petition shall contain copies of all such grants, amendments, attempted amendments, supplemental grants. instruments of gift, confirmatory conveyances, and grants and instruments of surrender, relinquishment or release, herein before mentioned or referred to, so far as known to such trustee or trustees; and the petition shall allege in general terms the due and voluntary execution and delivery, and the validity, of any and all of such instruments, copies of which are set out in the petition, and shall describe all property, real and personal, the legal title to which is held or claimed to be held by said trustee or trustees under or by virtue of any or all of such instruments, whether or not the same be the original property conveyed, the proceeds thereof, or reinvested proceeds; and the petition shall allege in general terms the estate or interest which the trustee or trustees have or claim in or to the property described; and the petition shall pray, in effect, that the court examine and determine all questions of law and fact affecting the due and voluntary execution and delivery, and the terms, validity and legal effect of all such instruments, copies of which are so set out in the petition; and that the court examine and determine all questions bearing upon the passing to the trustee or trustees, of the legal title to all the properties, real and personal, so conveyed or attempted to be conveyed, so far as the same or the proceeds thereof, or any property acquired in exchange therefor or with the proceeds thereof, may be described in said petition; and that the court examine and determine the interest or title of the trustee or trustees in or to any such property; and that it be established and determined that the trustee or trustees are rightfully vested with the legal title thereto.

time for

SEC. 2. The court or judge shall fix the time for the hearing Fixing of said petition, and shall order the clerk of the court to post hearing. in at least three public places in the county a notice of the filing of said petition, attached to a copy of said petition, and order a copy of such notice together with a copy of the petition to be personally served upon the founder or founders, if living, and upon the surviving wife or widow of any founder, and upon any living grantor or donor of any other grant or gift set out in the petition, and may order such other or further notice to be given as the judge or court may deem proper. Such notice shall be posted and served at least ten days before the hearing. the court or judge finds upon the hearing that due and proper notice has not been given as herein provided, it shall reset the hearing and cause such due and proper notice to be given. The notice and petition shall be entitled substantially in the following form:

In the superior court of the

California.

county of

State of

,

Form of notice and petition.

In the matter of the petition of (giving the name or names in which the petition is brought) for the ascertainment of the existence and terms of, and for the determination of the validity and legal effect of grants or other instruments

Noticewhat shall state.

Waiver of notice.

Parties

may demur.

Defendants.

creating, changing or affecting trusts and estates for the founding, endowment and maintenance of (naming the institution or institutions founded).

The notice shall state the time and place fixed for the hearing of the petition and shall be addressed to the founder or founders, living, and to the surviving wife or widow of any founder, and the living grantor or donor of any other grant or gift set out in the petition, and in general terms to all other persons having or claiming any interest in, or rights, powers, or duties over or concerning the property described in the petition; and shall direct that they and each of such persons appear and answer said petition on or before the time set for said hearing; and shall state that unless said persons so appear and demur or answer, the petitioners will apply to the court to grant the prayer of the petition, and that each person failing to so appear and answer, shall be deemed to admit as true all the material allegations of the petition.

Any of the persons so required to be served, or any other person so interested may waive notice by written waiver filed with the clerk of the court.

SEC. 3. Any person interested in the determination of any interested of the questions presented by the petition may demur to or answer said petition and may set up any new matter affecting the determination of any such questions. Any allegation of the petition or answer may be made upon information and belief. The provisions of the Code of Civil Procedure respecting the demurrer and the answer to a verified complaint, shall be applicable to a demurrer or answer to said petition. The persons so demurring to or answering said petition shall be the defendants to said special proceeding and the petitioners shall be the plaintiffs. Every material statement of the petition not specifically controverted by the answer must, for the purposes of said special proceeding, be taken as true; and each Failure to person failing to answer the petition shall be deemed to admit as true all the material allegations of the petition. The rules of pleading and practice provided for by the Code of Civil Procedure, which are not inconsistent with the provisions of this act, are applicable to the special proceeding herein provided for.

answer.

Jurisdiction of court.

Findings.

Costs.

Judgment to be recorded.

SEC. 4. Upon the hearing of such special proceeding, the court shall have power and jurisdiction to examine into and determine all questions of law and fact within the scope of the proceeding herein provided for, whether presented by the petition or answer, or by the proofs upon the hearing. The court shall find and determine whether the notice of the filing of said petition has been duly given for the time and in the manner in this act prescribed. The costs of the special proceeding may be allowed and apportioned between all parties, in the discretion of the court.

SEC. 5. A certified copy of the judgment of the court in such special proceeding shall be recorded in the office of the recorder of the county in which the action is brought and in the office of the recorder of every county in which any of the real property affected is situated.

to be deter

SEC. 6. The judgment of the court in such special proceeding Judgment shall be determinative of the terms and trusts upon which any minative. property thereafter given for the benefit of such institution or institutions, or any department thereof, shall be held by such trustee or trustees, unless otherwise provided by the grantor or donor of such property.

SEC. 7. This act shall take effect and be in force from and after its passage.

CHAPTER VIII.

An act making an appropriation for transportation of prisoners for the fifty-third and fifty-fourth fiscal years.

[Approved February 10, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

tion for

SECTION 1. The sum of eight thousand five hundred dollars, Appropriaor so much thereof as may be necessary, is hereby appropri- transportaated out of any moneys in the state treasury not otherwise tion of appropriated, to pay for the transportation of prisoners for the fifty-third and fifty-fourth fiscal years.

SEC. 2. The controller is hereby directed to draw his warrants for the amount herein made payable, upon proper demands audited by the state board of examiners, and the treasurer is directed to pay the same.

SEC. 3. This act shall take effect immediately.

prisoners.

CHAPTER IX.

An act making an appropriation for transportation of the insane for the fifty-second, fifty-third and fifty-fourth fiscal years.

[Approved February 10, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. The sum of fourteen thousand dollars, or so Appropriamuch thereof as may be necessary, is hereby appropriated out transportaof any moneys in the state treasury not otherwise appropriated, tion of to pay for the transportation of the insane for the fifty-second, fifty-third and fifty-fourth fiscal years.

SEC. 2. The controller is hereby directed to draw his warrants for the amount herein made payable, upon proper demands audited by the state board of examiners, and the treasurer is directed to pay the same.

SEC. 3. This act shall take effect immediately.

insane.

Appropriation for arrest of

CHAPTER X.

An act making an appropriation for the arrest of criminals without the limits of the state, for the fifty-third and fifty-fourth fiscal years.

[Approved February 10, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. The sum of seven thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any criminals moneys in the state treasury not otherwise appropriated, to pay for the arrest of criminals without the limits of the state, for the fifty-third and fifty-fourth fiscal years.

outside the state.

SEC. 2. The controller is directed to draw his warrants for the amount herein made payable, upon proper demands audited by the state board of examiners, and the treasurer is directed to pay the same.

SEC. 3. This act shall take effect immediately.

Employment agent defined.

Relative to fees.

Same.

CHAPTER XI.

An act defining the duties and liabilities of employment agents, making the violation thereof a misdemeanor and fixing penalties therefor.

[Approved February 12, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Any person, firm, corporation, or association pursuing for profit the business of furnishing, directly or indirectly, to persons seeking employment, information enabling, or tending to enable, such persons to secure such employment, or registering for any fee, charge, or commission the names of any person seeking employment as aforesaid, shall be deemed to be an employment agent within the meaning of this act.

SEC. 2. It shall be unlawful for an employment agent in the State of California to receive, directly or indirectly, any money or other valuable consideration from any person seeking employment, for any information or assistance furnished or to be furnished by said agent to such person, enabling or tending to enable said person to secure such employment, prior to the time at which said information or assistance is actually thus furnished.

SEC. 3. It shall be unlawful for an employment agent in the State of California to retain, directly or indirectly, any money or other valuable consideration received for any registration made or for information or assistance such as is described in

section two hereof, if the person for whom such registration is made or to whom such information or assistance is furnished fails, through no neglect or laches of his own, to secure the employment regarding which registration such information or assistance is furnished; and said money or consideration shall be by said agent forthwith returned to the payor of the same, upon demand therefor by the latter or his agent.

fee to be

SEC. 4. It shall be unlawful for an employment agent in Amount of the State of California to receive, directly or indirectly for charged. registration made or for information or assistance such as is described in section two hereof, any money or other consideration which is in value in excess of ten per cent of the amount earned, or prospectively to be earned, by the person for whom said registration is made or to whom such information is furnished, through the medium of the employment regarding which such registration, information or assistance is given, during the first month of such employment; provided, that said value shall not be in excess of ten per cent of the amount actually prospectively to be earned in such employment when it is mutually understood by the agent and person in this section mentioned, at the time when said information or assistance is furnished, that said employment is to be for a period of less than one month.

collector.

SEC. 5. The tax collector or license collector of each respec- Duty of tax tive city, county or city and county of the State of California shall furnish quarterly, to the commissioner of the bureau of labor statistics of the State of California the name and address of each employment agent doing business in said city, county or city and county; provided, that where the license is not a county license, but is collected by a municipal government, then the municipal collector of said tax shall furnish the names and addresses.

SEC. 6. Each employment agent in the State of California Record of applicashall keep a written record, which shall show the name of each tions. person making application to said agent for registration, information or assistance, such as is described in section two hereof; the name of each such person to whom such registration or information is furnished; and the amount received in each such case therefor; the name of each person who, having received and paid for, as herein contemplated, registration, information or assistance such as is described in section two hereof, fails to secure the employment regarding which such registration, information or assistance is furnished, together with the reason why said employment was not by said person secured, and the name of each person to whom return is made, in accordance with the provisions of section three hereof, of any money or other consideration such as is in said section named, together with the amount of said money, or the value of said consideration, thus returned. SEC. 7. Each employment agent in the State of California Official shall permit the commissioner of the bureau of labor statis- access to tics of said state, by himself, or by his deputies or agents, to have at all times access to, and to inspect, the record in section

record.