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Brief to be prepared by author and member voting against amendment

Printing copies. Numbering amendments. Copies to county clerk.

What may be mailed to voters. Copies at polling places. § 2. The author of any amendment to the constitution of this state, proposed by the legislature at said session thereof, which amendment shall have been passed in the manner required by section 1 of article XVIII of the constitution, and one member of the same house who voted with the majority on the submission of such amendment, and one member of the same house as the author who voted with the minority against the submission of such amendment, both of whom shall be selected by the presiding officer of such house, before the adjournment of said session of the legislature, shall, within ninety days after the adjournment thereof, prepare a brief statement showing the purpose of said amendment, and a comparative statement of the operation of the present section or article of the constitution, and as proposed to be amended, or in the case of a new section or article, a statement of the operation thereof, and the reasons advanced by the majority for its adoption, and the reasons advanced by the minority against its adoption, and any other reason why such amendment should be adopted, or not be adopted, and forward such statement to the secretary of state; provided, that in all cases where the amendment to be submitted shali have been proposed by resolutions introduced in both houses of the legislature and shall have been adopted substantially as proposed in each house, the statement herein provided for, setting forth the reasons why such amendment should be adopted, shall be prepared by the respective authors of said resolutions. The secretary of state shall cause to be printed at the state printing office, in convenient form, one and one-half times as many copies of such statement as there are registered voters in this state, and the secretary of state shall, not less than twenty-five days before said special election, certify all such amendments to the county clerk of each county of the state, and shall cause to be printed at the state printing office one and one-half times as many copies of said amendments as there are registered voters in the state, which amendments shall be numbered by the secretary of state consecutively in the following order: first, the senate constitutional amendments in the order of their introduction, and next, the assembly constitutional amendments in the order of their introduction. The first assembly amendment shall follow numerically the last senate amendment. At least thirty days before said special election at which such amendments are to voted on, the secretary of state shall furnish each county clerk in the state with one and one-half times as many such copies of the statements and of the amendments as there are registered voters in his county. The clerk of each county shall thereafter cause to be mailed to each voter a copy of each of said constitutional amendments and of said statements, at the same time and in the same manner and in the same envelope provided for in section 1194 of the Political

Code, and no other publication of said amendments or of either of them shall be necessary or authorized. No leaflet, pamphlet, card, or other printed matter shall be inclosed or mailed in said envelope other than that expressly herein or otherwise provided by law, or prepared by the county clerk for the purpose of informing the voter regarding the number of his precinct, the location of his polling place, his voting number, or similar information regarding said election.

The sheet or pamphlets containing the said proposed constitutional amendments shall also contain the corresponding constitutional provisions, if any, then in force, and the parts of the existing provisions shall therein be distinguished in print, so as to facilitate comparison. Three copies of the constitution, in the form of pamphlets to be supplied by the secretary of state, shall be kept at every polling place for said special election while the same is in progress, so that they may be freely consulted by the electors. Election, how conducted, etc. Election returns.

§ 3. Said special election shall be proclaimed, held and conducted and the ballots shall be prepared, marked, voted, counted, canvassed and the results shall be ascertained and the returns thereof made in all respects in accordance with the law governing general elections, in so far as the provisions thereof are applicable to the election provided for by this act, except as otherwise herein especially provided. Each county clerk, as soon as the statement of the vote of his county is made out and entered upon the records of the board of supervisors thereof, must make out and certify an abstract of such vote and must seal up such abstract, and indorse it "election returns," and, without delay, transmit it by mail to the secretary of state. If the people shall approve and ratify any such amendment or amendments, by a majority of the qualified electors voting thereon at said election, such amendment or amendments shall become a part of the constitution of this state. § 4. This act shall take effect immediately.

TITLE 113.

CORPORATIONS. ACT 757. An act relating to revenue and taxation, providing for a license tax upon

corporations, and making an appropriation for the purpose of carry- i ing out the objects of this act.

[Approved March 20, 1905. Stats. 1905, p. 493.] Amended 1906, p. 22; 1907, pp. 664, 745; 1909, pp. 454, 458; 1911, p. 1094. The amendment of 1911 is as follows: Rehabilitation of corporations which failed to pay license tax. When

business may not be carried on under old name. § 6. Any corporation which failed to pay the license tax and penalty required by the act, or any amendment thereof, and of which this is

amendatory, may pay all the said license taxes and penalties prescribed by section 1 of said act and the amendments thereto, and the license taxes and penalties that would have accrued if such corporation had not forfeited its charter or right to do business and any such corporation making such payment shall be relieved from the forfeiture prescribed by the act of which this act is amendatory, and all persons exercising the powers of any such corporation making such payment shall be relieved from the provisions of section 9 of said act of which this act is amendatory, and the secretary of state shall immediately after the first day of December, 1911, transmit to the county clerk of each county in this state, a list of the corporations so paying pursuant to the provisions of this section, which list shall be by said county cler's filed in his office; provided, the rehabilitation of a corporation under the provisions of this act shall be without prejudice to any action, defense or right which accrued by reason of the original forfeiture; and provided, that in case the name of any corporation which has suffered the forfeiture prescribed by the act of which this act is amendatory, or a name so closely resembling the name of such corporation as will tend to deceive, has been adopted by any other corporation since the date of said forfeiture then said corporation having suffered said forfeiture shall be relieved therefrom pursuant to the terms of this section of this act only upon the adoption by said corporation seeking revivor of a new name, and in such case nothing in this act contained shall be construed as permitting such corporation to be revived or carry on any business under its former name; and such corporation shall have the right to use its former name or take such new name only upon filing an application therefor with the secretary of state, and upon the issuing of a certification to such corporation by the secretary of state setting forth the right of such corporation to take such new name or use its former name as the case may be; provided, however, that the secretary of state shall not issue any certificate permitting any corporation to take or use the name of any corporation heretofore organized in this state and which has not suffered the forfeiture prescribed by the act of which this act is amendatory, or to make or use à dame so closely resembling the name of such corporation heretofore organized in this state, as will tend to deceive. The provisions of title IX, part III of the Code of Civil Procedure in so far as they conflict with this section of this act are not applicable to corporations seeking revivor under this act. (Amendment approved April 24, 1911; Stats. 1911, p. 1094.]

Citations. Cal. 155/643, 650; 156/96, 97, 100. App. 12/704, 705, 706. ACT 759.

Citations. Oal. 157/578, 579, 581. ACT 763.

Citations. Cal. 157/581. ACT 776.

Citations. Cal. 155/647.

TITLE 117.

COUNTIES. ACT 804. An act requiring the compilation and publication of reports of the finan.

cial transactions of the several counties and municipalities of the state, and making an appropriation therefor.

[Approved April 21, 1911, Stats. 1911, p. 1071.] Controller to compile annual financial reports of counties and cities.

§ 1. The state controller is hereby directed to compile and publish annually reports of the financial transactions of each county and municipal corporation within the state, together with such other matter as said controller may deem to be of public interest. Such reports shall be made in the time, form and manner prescribed by the said controller. County and city officers to furnish reports.

§ 2. It shall be the duty of the officers of each county and municipal corporation having charge of the financial records thereof to furnish to the controller in the time, form and manner required by him, full and true reports of all the financial transactions of such county or municipal corporation during the fiscal year next preceding the time of the making of such reports. False report a misdemeanor.

§ 3. Any officer who shall knowingly make a false report or who shall refuse to make the reports required shall be guilty of a misdemeanor. Controller to appoint accountant to investigate false reports.

§ 4. In case reports are not made in the time, form and manner required or there is reason to believe that any report is false or incorrect, the controller shall appoint some qualified accountant to make an investigation thereof, and to obtain the information required. The accountant appointed shall report to the controller the results of investigation and a copy thereof shall be filed with the legislative body of the county or municipal corporation, the accounts of which were so investigated. In case a similar investigation has to be made of the accounts of any county or municipal corporation for two successive years, a certified copy of the results of the investigation last made shall be transmitted to the grand jury of the county so investigated or in which the municipal corporation so investigated is situated. Appropriation.

$ 5. The sum of two thousand dollars, or so much thereof as may be necessary is hereby appropriated out of any moneys not otherwise appropriated, to be expended by the controller for the purpose of carrying out the provisions of this act.

ACT 805.
An act granting relief to counties by extending the time within which

county treasurers are required to make semi-annual settlements with
the state controller and state treasurer in cases in which school money
of such counties have been misappropriated.

[Approved May 1, 1911. Stats. 1911, p. 1465.] Misappropriated school money may be deducted at semi-annual settlement.

§ i. Whenever it shall chance that the state school money of any semiannual settlement retained by any county treasurer, under the provisions of section 3866 of the Political Code, shall have been misappropriated, and as a result thereof, the primary schools of such county are embarrassed for lack of funds, a sum equal to the amount of school money so retained and misappropriated may be deducted from such moneys as the treasurer of such county shall be required to pay over to the state treasurer at the next semi-annual settlement. Used for support of primary schools.

§ 2. The sum deducted from the moneys due the state at any semiannual settlement, as provided in section 1 of this act, together with the sum authorized to be retained by the county treasurer, under the provisions of section 3866 of the Political Code, shall be used for the sup. port of the primary schools of such county. Supervisors to levy additional tax to pay state.

§ 3. The board of supervisors of any county availing itself of the provisions of this act, shall on the third Monday in September, imme. diately following the semi-annual settlement at which the deduetion authorized in section 1 of this act is made, shall provide in the tax rate fixed for county purposes, for an additional tax sufficient to raise a sum equal to the amount deducted, as herein provided for, and said board of supervisors shall thereupon levy such additional tax, as will enable the county to repay the state of California such sum deducted from the semi-annual settlement, and such payment shall be made at the time of the semi-annual May settlement following the date of such levy.

§ 4. This act shall take effect immediately.

TITLE 120.
COUNTY GOVERNMENT.

MENT

AOT 834.

Citations.

Cal. 157/415, 492. App. 8/504; 9/707; 11/580.

ACT 835.

Citations. App. 11/581.

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