Exposition fund. when levied upon all the property in this section mentioned, after making due allowance for delinquency, shall raise for each of said fiscal years, the sum of one million two hundred and fifty thousand dollars. SEC. 17. The taxes assessed, levied and collected for state purposes under the provisions of sections three thousand eight hundred and twenty, three thousand eight hundred and twentyone, three thousand eight hundred and twenty-two, three thousand eight hundred and twenty-three of the Political Code shall be deemed to have been assessed, levied and collected for the purposes of raising to the extent of the amount collected, the moneys directed to be raised by section twenty-two of article four of the constitution of this state as that section was amended on the eighth day of November in the year one thousand nine hundred and ten and as required by section sixteen of this act. SEC. 18. All money collected by taxation as in this act provided shall be paid over to the state treasurer at the time and in the manner provided in chapter ten, part three, title nine of the Political Code and by said state treasurer credited to a fund to be known as the Panama-Pacific International Exposition fund and paid out as provided in section four hereof. SEC. 19. Any money remaining in the Panama-Pacific International Exposition fund after the filing of the complete and final report of said commission shall be transferred to the general fund of the State of California. SEC. 20. This act shall take effect immediately. Appropria 'tingent CHAPTER 110. An act to make an appropriation for the contingent expenses of the senate for the session of the thirty-ninth legislature of the State of California during the sixty-second fiscal year. [Approved March 4, 1911.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, the sum of expenses of five thousand dollars for the contingent expenses of the senate for the session of the thirty-ninth legislature of the State of California, during the sixty-second fiscal year. senate. SEC. 2. This act shall take effect immediately. CHAPTER 111. An act making appropriation to pay the salaries and mileage of the senators for the thirty-ninth session of the legislature, during the sixty-second fiscal year. [Approved March 4, 1911.] The people of the State of California, represented in senate and assembly, do enact as follows: tion: SECTION 1. The sum of nineteen hundred thirty and 40-100 Appropriadollars is hereby appropriated out of any money in the state salaries treasury, not otherwise appropriated, to pay the salaries and and mileage of the senators for the thirty-ninth session of the legis- senators. lature during the sixty-second fiscal year. SEC. 2. This act shall take effect immediately. mileage of CHAPTER 112. An act making an appropriation for the pay of officers and employees of the senate of the thirty-ninth session of the legislature. [Approved March 4, 1911.] The people of the State of California, represented in senate and assembly, do enact as follows: tion: officers and SECTION 1. The sum of sixteen thousand dollars is hereby Appropriaappropriated out of any money in the state treasury not senate otherwise appropriated, for the pay of officers and employees employees. of the senate of the thirty-ninth session of the legislature. SEC. 2. This act shall take effect immediately. CHAPTER 113. An act appropriating and transferring money from the general fund to the state printing fund, to defray the expenses of legislative printing for the thirty-ninth session of the legislature and directing the state controller and state treasurer to make such transfer. [Approved March 4, 1911.] The people of the State of California, represented in senate and assembly, do enact as follows: legislative SECTION 1. The sum of thirty-five thousand dollars is Appropriahereby appropriated and ordered transferred from the general tion: fund to the state printing fund, to defray the printing expenses printing. of the thirty-ninth session of the legislature. SEC. 2. The state controller and state treasurer are hereby directed to make said transfer in conformity with section one of this act. SEC. 3. This act shall take effect immediately. Deceased executor's accounts. CHAPTER 114. An act to amend the Code of Civil Procedure of the State of California by amending section 1639 thereof, concerning accounts to be rendered by representatives of deceased executors, administrators and guardians. [Approved March 4, 1911.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section 1639 of the Code of Civil Procedure of the State of California is hereby amended to read as follows: 1639. If any executor, administrator or guardian dies, his accounts may be presented by his personal representative to, and settled by, the court in which the estate of which he was executor, administrator or guardian is being administered, and, upon petition of the successor of such deceased executor, administrator or guardian, such court may compel the personal representatives of such deceased executor, administrator or guardian to render an account of the administration of their testator or intestate, and must settle such account as in other cases. Private property defined. CHAPTER 115. An act to amend sections 1240 and 1241 of the Code of Civil Procedure of the State of California, relating to the taking of private property for public use. [Approved March 4, 1911.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section 1240 of the Code of Civil Procedure of the State of California is hereby amended so as to read as follows: 1240. The private property which may be taken under this title includes: 1. All real property belonging to any person; 2. Lands belonging to this state, including tide and submerged lands, not within the corporate limits of any city, or city and county, or to any county, incorporated city, or city and county, village or town, not appropriated to some public use; 3. Lands belonging to the United States or owned or held by the United States in trust, or otherwise, for any purpose, except lands owned or held for light-houses, postoffices or other government buildings, forts, arsenals, or other military purposes; 4. Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated; provided, that property owned by any person, firm or private corporation may be taken by a municipal corporation for the purpose of supplying water to such corporation or the inhabitants thereof, and such use by any municipal corporation shall be held to be a more necessary use than by a person, firm or private corporation; 5. Franchises for toll-roads, toll-bridges, and ferries, and all other franchises; but such franchises shall not be taken unless for free highways, railroads, or other more necessary public use; 6. All rights of way for any and all the purposes mentioned in section twelve hundred and thirty-eight, and any and all structures and improvements thereon, and the lands held or used in connection therewith shall be subject to be connected with, crossed, or intersected by any other right of way or improvements, or structures thereon. They shall also be subject to a limited use, in common with the owner thereof, when necessary; but such uses, crossings, intersections, and connections shall be made in manner most compatible with the greatest public benefit and least private injury: crossing. No railroad main track crossing, outside the limits of any Railroad incorporated town, city or city and county, shall be at grade, unless the party proposing such crossing at grade shall, at its own sole cost and expense, protect such crossing by the construction, operation and maintenance of an interlocking plant, with suitable signals and derails; but either party to such crossing may insist upon a separation of grades, in which case the cost of constructing such crossing with separate grades shall be equally divided between the railroad companies concerned; and provided further, that where any such crossing has been constructed at grade, either company may, at any time thereafter, require a separation of the grades at such crossing, each company paying one-half of the expense of such separation; and provided further, that the foregoing provisions shall not be construed as requiring a separation of grades where such separation is physically impracticable, and in case of any dispute or controversy as to the physical practicability of any undergrade or overhead crossing, the same shall be determined by the superior court of the county in which such crossing is situate in an action or proceeding brought by either party for that purpose; Before property may be taken, what necessary. 7. All classes of private property not enumerated may be taken for public use, when such taking is authorized by law; 8. Proceedings to condemn lands belonging to this state are hereby authorized, and must be maintained and conducted in the same manner as are other condemnation proceedings provided for in this title; except, that in such proceedings the summons and a copy of the complaint must be served on the governor, attorney general, and surveyor general of this state; 9. Proceedings to condemn any of said lands belonging to the United States or owned or held by the United States in trust, or otherwise, for any purpose, are hereby authorized, and must be maintained and conducted in the same manner as are other condemnation proceedings provided for in this title; except, that in such proceedings, the summons and a copy of the complaint must be served on the United States district attorney for the district in which the land sought to be condemned is situated and also upon the United States surveyor general for this state. SEC. 2. Section 1241 of the Code of Civil Procedure of the State of California is hereby amended so as to read as follows: 1241. Before property can be taken, it must appear: 1. That the use to which it is to be applied is a use authorized by law; 2. That the taking is necessary to such use; 3. If already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use; provided, that property owned by any person, firm or private corporation may be taken by a municipal corporation for the purpose of supplying water to such municipal corporation or the inhabitants thereof, and such use by any municipal corporation shall be held to be a more necessary use than by a person, firm or private corporation. Employment of minors. CHAPTER 116. An act to amend section 2 of an act entitled, "An act regulating the employment of children, prohibiting the employment of minors under certain ages, prohibiting the employment of certain illiterate minors, providing for the enforcement hereof by the commissioner of the bureau of labor statistics and providing penalties for the violation hereof," approved February 20, 1905. [Approved March 6, 1911.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section 2 of an act entitled, "An act regulating the employment of children, prohibiting the employment of minors under certain ages, prohibiting the employment of certain illiterate minors, providing for the enforcement hereof |