The record-union., 1897-04-27

ment of such boards, and of their
clerks and attaches; also, to prescribe
the manner and method by which all
elections by the people shall be con-
ducted and may in addition determine
the tests and conditions upon when
electors, political parties and organlza-
tons may participate in any primary
election.
Whenever any county has, in the
manner and method herein pointed out,
adopted any County Government Act,
and the same shall have been ap-
proved by the Legislature as aforesaid,
the directions of Sections 4 and OF
this article providing for the uniform
ity of a system of county governments
Throughout the State, and likewise pro
viding for the election and appoint
ment of officers, and the regulation OF
their compensation. shall not apply
Said County Government Act shall, as
to any of the matters hereinaboVe pro-
vided for and declared by such County
Government Act, not be subject to any
law or amendment enacted by the Leg
islature, except by amendment first
submitted to the electors and ratlned
in the number hereinaboye set forth.
REVENUE AND TAXATION.
The other amendment was introduced
by Dickinson and proposes an amend
ment to Section Is of Article XII, in re-
lation to revenue and taxation. The
full text of the amendment follows:
Section IS. No county, city, town,
township, Board Of Education or school
district, shall incur any indebtedness
or liability in any manner or for any
purpose exceeding in any year the IN
come and revenue provided for it for
such year, without the assent of two
thirds of the qualified electors thereof,
voting at an election to be held for that
purpose. nor unless before, or at the
time of mourning such Indebtedness,
provision shall be made for the collec-
lection of an annual tax sufficient to
pay the interest on such Indebtedness
as it falls due. and also provision to
constitute a sinking fund for the pay
ment of the principal thereof on or be-
fore maturity, which shall not exceed
forty years from the time of contract
ing the same; provided however, that
the city and county of San Francisco
may at any time pay the unpaid claims
with interest thereon for materials fur
nished to and work done for said city
and county during the forty-third and
forty-fourth fiscal years, out of the in
come and revenue of any succeeding
year or years; provided, that any and
all claims for making, repairing, alter
ing, or for any work done upon or for
any material furnished for any street,
lane, alley, court, place or sidewalk, or
for the construction of any sewer or
sewers in said city and county are here
by excepted from the provisions of this
section: and in determining any claim
permitted to be paid by this section, no
statute of limitations shall apply in any
manner; and provided further that the
city Of Vallejo, in Solano County, may
pay its existing Indebtedness incurred
in the construction of waterworks,
whenever two-thirds of the electors
thereof voting at an election held for
that purpose shall so decide. Any in
debtedness or liability incurred con-
trary to this provision. with the excep-
ton hereinbefore recited, shall be void
RELATING TO EMINENT DOMAIN
The Legislature amended Sections
1854 and 1857 of the Code of Civil Pro-
cedure, relating to the right of eminent
domain. and as amended, the sections
read as follows:
Section 1854. At any time after the
filing of the complaint, and the issu-
ance and service of the summons there
on. the court may, upon notice to the
defendant by said court, by an order in
that behalf made, authorize the plain
tiff, if already in possession, to con-
tinue in the possession and use, and if
not in possession, to take possession Of
and use the land and premises sought
to be condemned, during the tendency
and until the final conclusion Of the
proceedings brought to condemn the
same and may stay all actions and
proceedings against such plaintiff on
account thereof; provided however
that in and by said order said plain
tiff shall be ordered to pay, and there
after and before the taking Of such pos
session, or Of the further continuance
in possession Of any such land and
premises, pay a sufficient sum of money
into court, or give security for the
payment thereof, to be approved by the
Judge of such court. to compensate
said defendant for all damages which
may be sustained by said defendant by
such condemnation; provided, the con-
demnation shall be finally had of the
said land and premises, together with
all damages which may be sustained
by the said defendant. If the said pro-
ceedings for said condemnation shall
finally fail; or if for any cause the
said land and premises shall not be
taken for the public use for which the
same is sought to be condemned. and
upon the deposit of the said money, or
upon the giving Of such security. as or
dered by the court. the said plaintiff. by
the said order Of the said court, shall
be let into the possession and use of
said land and premises sought to be
condemned. or be continued in the pos
session and use thereof, in the same
manner and to the same effect as the
said plaintiff would be entitled after the
trial Of such proceedings and the entry
of final judgment therein, except that
the right of said plaintiff to retain such
possession and TO use said land and
premises shall be determined by said
final judgment. and in case of a refusal
Cf the defendant. upon the order of said
court. TO allow the said plaintiff to en-
ter into the possession and use OF said
land and premises or any part there
Of the said court, upon application of
said plaintiff. shall issue a writ of as
sistance of the same force and effect as
writs Of assistance are issued in other
cases in which writs of assistance are
issuable. which said writ shall be exc
cuted by the Sheriff of the county
wherein the said land and premises
l,a situated bQt1f delay
The defendant who is entitled to the
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