for transportation to points within or without this state until such earrier shall have been furnished with duplicate certificates signed by an inspector, showing, in the case of cattle, the brands and earmarks of such cattle, the number of cattle of each earmark and brand, the names of shipper and consignee and also the origin and destination of said cattle. In the case of cattle hides, the certificates shall state the number of hides, the names of shipper and consignee and also the origin and destination of said hides. One copy of said certificates shall be mailed forthwith by the agent or other person in control of the common earrier at the point at which said cattle are received for shipment, to the consignee.

§ 12. Inspection of cattle to be shipped. It shall be the duty of inspectors to inspect all cattle for marks and brands which are offered for transportation to any common carrier at the loading stations thereof.

If upon such inspection cattle shall be found not belonging to the shipper, all such cattle shall be taken by the inspector and dealt with in accordance with the rules of the board in such cases made.

Inspectors must inspect all cattle subject to inspection immediately, and when inspected, the one in charge thereof shall at once pay to the inspector therefor the sum of five cents per head, whereupon the inspector shall certify that said cattle have been inspected.

§ 13. Volumes for recordation of marks and brands. It shall be the duty of the said board to prepare volumes for the recordation of said marks and brands, and to keep a true record of all its official transactions. When cattle or the hides thereof have been shipped or slaughtered, each record thereof must be entered under the name of the owner of said mark or brand, and must be entered in such a manner as to disclose under the record of each particular mark or brand, the number of cattle bearing any other marks or brands. An index shall be kept of unrecorded brands, as well as of those that have been recorded under the provisions hereof.

§14. Driving cattle off range. Any person, not being the owner, or having the right of possession, of any cattle, who shall be found driv ing such cattle off its usual range, without the consent of the owner thereof, shall be guilty of grand larceny.

§ 15. Report of fees by secretary. The secretary of the cattle protection board, at least as often as once each month, shall report to the state controller the total amount of fees collected, and at the same time he shall pay into the state treasury the entire amount of such receipts. All such receipts shall be credited to the cattle protection fund, which fund is hereby created, and shall be held subject to the uses of the cattle protection board, as defined in this act.

§16. "Range." "Person." "Cattle." The term "range" for the purpose of the interpretation and application of this act shall be understood to mean the inclosed or uninclosed lands outside of cities, towns and villages in this state, whether of the public domain or in private ownership, apon which by custom, license or otherwise, cattle are kept or permitted to roam and feed.

The term "person" wherever used includes every person, persons, firm, association or corporation.

The term "cattle" wherever used includes every kind of animal of the bovine species.

§ 17. Penalty. Any person violating any provisions of this act shall, unless otherwise specifically designated herein, be guilty of a misde

meanor.

§ 18. Repealed. All acts and parts of acts in conflict herewith are hereby repealed.

The powers and duties of the cattle protection board have been transferred to the Department of Agriculture: See Pol. Code, § 361b. This act is constitutional: H. Moffat Co. v. Hecke, 44 Cal. App. Dec. 622.

ACT 369.

Providing for the retention of the hides of slaughtered cattle in certain
counties. [Stats. 1863, p. 359.]

Probably superseded by Political Code,
Post, Act 371.

Amended 1863-64, p. 261. § 3185, and Act of 1893, p. 235.

This act applied to the counties of Santa Clara, San Diego, San Bernardino, San Luis Obispo, Contra Costa, San Mateo, Alameda, Santa Barbara, and Marin.

АСТ 370.

For the better protection of stock-raisers in Fresno, Tulare, Monterey, and Mariposa counties. [Stats. 1865–66, p. 322.]

See Stats. 1893, p. 235. Post, Act 371.

This act required hides of cattle to be kept fifteen days, and made provisions as to branding of calves, and required records to be kept of slaughtered animals. It was continued in force by Political Code § 19, and Penal Code, § 23.

ACT 371.

Regulating the disposition of the hides of cattle killed or slaughtered in
the state. [Stats. 1893, p. 235.]

This act provided for the retention and inspection of the hides.
This act provided for the retention of the hides for ten days:
See Pol. Code, § 3185.

ACT 372.

An act to prevent combinations to obstruct the sale of livestock in the state of California.

[Approved February 27, 1893. Stats. 1893, p. 30.]

§ 1. Combinations to prevent buying livestock prohibited.

§ 1. Combinations to prevent buying livestock prohibited. It shall be unlawful for any two or more persons, or corporations, to combine or agree together to do any act which will, in any respect, prevent any person from buying livestock at any place in this state from any

person having the same for sale, either for himself or as the representative or agent of the owner of the same.

§ 2. Corporation prohibited. It shall be unlawful for any corporation organized under the laws of this state, or any board of directors or trustees, or stockholders, or agents, or officers of any corporation, to have, pass, or enforce any rule, by-law, or regulation, whereby any officer, stockholder, member, shareholder, agent, servant, thereof, or any other person in any way interested in or connected with such corporation, shall in any respect be prohibited, prevented, or enjoined from buying livestock from any other person having such livestock for sale, either as owner thereof, or as the agent, representative, or assistant of such owner, in any market in this state where livestock is brought to be sold.

§3. By-laws of corporations. Every rule, regulation, or by-law of any corporation doing business in this state, which has for its purpose, or which, directly or indirectly, tends to prevent its members or stockholders from freely purchasing livestock from any person lawfully having the same for sale, upon any livestock market of this state, are hereby declared to be contrary to the public policy of this state, and unlawful and void; and any person or persons who shall attempt, directly or indirectly, to enforce any such rule, regulation or by-law, shall be deemed guilty of a misdemeanor, and, in addition to the penalties prescribed by this act, shall be personally liable for all damages which may arise from the enforcement of such rule, regulation, or by-law, to any person damaged thereby.

§ 4. Trusts, combinations, or conspiracies. No trusts, combinations, or conspiracies shall be organized or exist in this state, to prevent any person or persons, or corporation, from selling livestock on commission, for such an amount of commission as any person engaged in the business may see fit to charge; and all rules, regulations, by-laws, or agreements of any corporation, association, society, or combination of persons, whereby any such corporation, society, association, or combination of individuals are required to charge not less than a given sum for commissions, or whereby any person or commission merchant is, in any respect, restrained from charging less than a certain fixed sum for his services as such commission merchant in the sale of livestock, are hereby declared to be contrary to the public policy of this state, and unlawful. And any person who shall enter into any such trust, combination, or conspiracy, or who shall enforce or aid, abet, assist, or encourage the enforcement of any such rule, regulation, by-law, or agreement, shall be liable to the penalties prescribed by this act, and also shall be personally liable to any person, individual, society, or corporation who may be injured in his property or business thereby, to the full extent of the injury resulting therefrom.

§ 5. Selling livestock at any market. Whoever shall, directly or indirectly, be a party to any combination, conspiracy, or association, which attempts, directly or indirectly, to prevent any other person from freely selling livestock at any market in this state for such persons as see fit to engage his services, or shall endeavor to compel, directly or indirectly, any person to charge not less than a fixed minimum sum for services in the sale of livestock, or shall, in any way, hinder or

prevent another from lawfully selling livestock for another, for such rate of commission as may be agreed upon by the owner of the livestock and the commission merchant, shall be deemed guilty of a misdemeanor, and suffer the penalties prescribed by this act, and shall be personally liable to any one aggrieved thereby, for the full amount of any damage sustained by such person.

§ 6. Punishment. Anyone who shall violate the provisions of this act shall be punished by a fine in any sum not less than five hundred dollars, and not more than five thousand dollars, or by imprisonment in the county jail not exceeding one year, or by either or both, in the discretion of the court, and shall be liable, in civil action, to any person aggrieved, in such damages as he or she may have sustained by the violation of this act.

§ 7. Time of taking effect. This act shall take effect and be in force from and after its passage.

ACT 373.

An act to regulate the business of selling livestock at public auction and requiring livestock auctioneers to obtain a license and to execute a bond to the state of California, and providing penalties for violation of this act, and repealing acts in conflict herewith.

[Approved June 1, 1921. Stats. 1921, p. 1094. In effect July 31, 1921.] § 1. License for livestock auctioneers.

§ 1. License for livestock auctioneers. (a) A livestock auctioneer within the provisions of this act is one who conducts a public, competitive sale of livestock for a commission, fee or other compensation.

(b) Any person or firm residing in this state, or any corporation organized under the laws of this state, having license to act as auctioneer in the county, city and county, city or town in which he, they, or it resides or has a principal place of business, may carry on the business of selling livestock at public auction in any other county, city and county, city or town in this state upon obtaining a license and executing a bond as hereinafter provided.

§ 2. Issuance by secretary of state. The secretary of state shall, upon application therefor by any person or firm resident in this state, or corporation organized under the laws of this state and having its principal place of business therein, and upon receipt of twenty-five dollars and the filing in his office of the bond herein provided, issue a license to such person, firm or corporation authorizing such applicant to sell livestock at public auction in this state, which license shall be in the following form:

Livestock Auctioneer's License.

-, having paid the license fee of twenty-five dollars and having executed a bond as required by law, is hereby licensed to conduct sales of livestock at public auction in the state of California from date hereof until January first next.

Dated this

day of

19-.

Secretary of state.

§ 3. Application. An applicant for license shall file with the secretary of state an application for such license, giving applicant's name and residence address, and business address, and in case of a copartnership shall give the names and residences of the members thereof and the business address of the firm, and in case of a corporation giving the names of the officers thereof and the business address of the corporation, which said application shall be verified under oath by the applicant, or, in case of a corporation, by one of the officers of the corporation; the applicant shall accompany said application with a license fee of twenty-five dollars.

§ 4. Bond. That applicant shall at the same time that he makes his application execute and file with the secretary of state a bond in the principal sum of five thousand dollars conditioned to be paid to the people of the state of California in case of the failure of the licensee during the period covered by said license or any renewal thereof to faithfully and honestly conduct business as a livestock auctioneer. In the event any person, firm or corporation shall suffer any damage by reason of the failure of the licensee to faithfully perform his duties as auctioneer according to the provisions of this act, or by reason of any fraud practiced by such licensee in the conduct of any sale of livestock at public auction, then said person, firm or corporation so aggrieved Day in an action on such bond recover of the licensee and the sureties the amount of such damage, not exceeding, however, the principal of said bond. The bond shall be executed by the applicant and two sureties, residents of this state, which sureties shall be approved by a judge of the superior court of the county in which the licensee is resident, or, in ease applicant is a corporation, of the county in which it has its principal place of business, at the time the license is issued. In lieu of two sureties, residents of this state, the applicant may provide a bond executed by a surety company which is authorized under the laws of this state to execute undertakings required by the laws of this state.

§ 5. Renewal. All licenses issued according to the provisions of this act shall expire on the thirty-first day of December next succeeding the date thereof, but the same may be renewed by the payment of a license fee of twenty-five dollars. In case of the renewal of any license the liability of the licensee and sureties on the bond filed with the original application shall continue; provided, the licensee files with hig application for renewal a statement by his sureties on said bond that they acknowledge such continuing liability and a sworn statement by each of them that he is a resident of California and worth the sum of five thousand dollars over and above his just debts and liabilities exclusive of property exempt from execution. Unless such statements be filed or a new bond executed such license shall not be renewed.