more than fined in a sum not less than fifty ($50) dollars, nor five hundred ($500) dollars, or by imprisonment in the county jail for not less than twenty days or more than six months, or by both fine and imprisonment. § 3. Prosecutions. Prosecutions under this act may be commenced at any time within seven years from the time of the delivery of such fruit tree or fruit trees mentioned in section one. § 4. Takes effect when. This act shall take effect and be in force from and after its passage. ACT 3414. An act providing for the investigation of the nature and means of control of destructive diseases of cultivated plants in those portions of the state not benefited by the Southern California Pathological Laboratory, and making an appropriation therefor. [Approved April 26, 1909. Stats. 1909, p. 1092.] The act appropriated fifteen thousand dollars for the purpose indicated. The powers and duties of the board of citrus fruit shipments have been transferred to the Department of Agriculture: See Pol. Code, § 361b. ACT 3415. An act regulating the sale and shipment of citrus fruits damaged by frost, and prescribing penalties for the violation of the provisions thereof. [Approved May 3, 1915. Stats. 1915, p. 328.] Unlawful to ship citrus fruit showing certain per cent of drying. § 1. § 2. § 1. Unlawful to ship citrus fruit showing certain per cent of drying. It is unlawful for any person, firm or corporation to ship, offer for shipment, sell or offer for sale citrus fruits in boxes or in bulk, if the contents of any package, or if the fruit in bulk contains fifteen per cent or more of citrus fruits which on a transverse section through the center, shows a marked drying in twenty per cent or more of the exposed pulp. § 2. Commissioner of horticulture to enforce law. It shall be the duty of the commissioner of horticulture and his deputies to enforce the provisions of this act and bring to the notice of the proper authorities any violation thereof. The commissioner and his deputies shall have full power to enter any place where oranges, lemons, or grapefruit are grown, picked, packed, shipped or offered for shipment, sold or offered for sale, to inspect such place or any part thereof. § 3. Violation of act a misdemeanor. Any person, firm or corporation violating any provision of this act is guilty of a misdemeanor. ACT 3416. An act to regulate the distribution of date palms and date palm offshoots and to hold the same in quarantine under the supervision of the state commissioner of horticulture until they are free from Mar latt scale (Phoenicococcus marlatti) and Blanchard scale (Parlatoria blanchardii) when introduced from, or grown in, any infested locality within this state or from other states, or if of foreign introduction, after they have been released by the federal horticultural board, and to fix a penalty for violation of this act. [Approved April 1, 1915. Stats. 1915, p. 19.] 1. Planting of infested date palms prohibited. § 2. Unlawful to remove palms. § 3. Penalty. § 1. Planting of infested date palms prohibited. It shall be unlawful for any person, or persons, their agent or agents, employee or employees, possessing or owning date palms or date palm offshoots, or who may introduce palms from any region of this state, or any other state, or from foreign countries after they have been released by federal authorities, which are infested with either of the two scales (Phoenicococcus mariatti) and (Parlatoria blanchardii), to place or plant the same except under the supervision and direction of the state quarantine guardian of the county where the said date palms or date palm offshoots have been introduced. § 2. Unlawful to remove palms. It shall also be unlawful for any person, or persons, their agent or agents, employee, or employees, to move any date palms or date palm offshoots after the same have been planted until permission is granted by the aforesaid state quarantine guardian, or until inspection has shown that the said date palms or date palm offshoots are entirely clean of the Marlatti scale (Phoenicococcus marlatti) and the Blanchard scale (Parlatoria blanchardii), which fact shall be ascertained by the aforesaid state quarantine guardian, when he may consent to the removal, either to an infested district or to an uninfested district. § 3. Penalty. Anyone who shall violate any of the provisions of this act shall upon conviction be deemed guilty of a misdemeanor. ACT 3426. TITLE 255. An act to provide for the licensing and inspecting of maternity hospitals, lying-in asylums and homes for children; defining the duties of persons conducting the same; and the duties and powers of the county boards of health or county health officers and other health officers in relation thereto, and providing a penalty for the violation of its provisions. [Approved March 20, 1903. Stats. 1903, p. 317.] §1. Maternity hospitals, etc., must obtain license. § 2. § 3. Duty and power of board of health or health officer as to licenses. 84. Health officers may inspect premises. § 1. Maternity hospitals, etc., must obtain license. Any person who, without first having obtained a license in writing so to do from the county board of health or county health officers, as hereinafter provided, manages, conducts, establishes or maintains within any county or city and county in this state any maternity hospital or lying in asylum where females may be received, cared for or treated during pregnancy, or during or after delivery; or manages, conducts, establishes or maintains within any county or city and county in this state any institution, boarding-house, home or other place for the reception or care of children, or keeps, at any such place, any child under the age of twelve years, not his relative, apprentice, or ward, without legal commitment; or neglects, refuses or omits to comply with the provisions of this act, or who violates the provisions of such act, is guilty of a misdemeanor. § 2. Duty and power of board of health or health officer as to licenses. For such places within the limits of their respective territorial jurisdictions, the county board of health in all counties or city and county governments, having a county board of health, and in all other counties or city and county governments, the county health officer, shall have power to issue licenses, and every such license must specify the name and residence of the person so undertaking the care of such females or children; and the location within the county or city and county of the place where the same are kept and the number of females or children thereby allowed to be received, boarded or kept therein, and shall be revocable for cause by the said county board of health or county health officer, as the case may be, in any case where the provisions of this act are violated, or in any case where, in the opinion of such county board of health or such county health officer, such hospital, asylum, institution, home, boarding-house or other place is being managed, conducted or maintained without proper regard for the health, comfort or morality of the inmates thereof, or without due regard or proper sanitation or hygiene. § 3. Holder of license must keep register. Every person so licensed must keep a register, wherein he shall enter the names and addresses of all such females, the names and ages of all such children, and of all children born on the premises, and the names and residences of their parents, so far as is known, and the time of the reception and discharge of such children and the reasons therefor, and also the name and age of every child who is given out, adopted, taken away, or indentured from such place, to or by any person, together with the name and residence of the person so adopting, taking away or indenturing such child; and within forty-eight hours after such child is so given out, taken away or indentured, shall cause a correct copy of the register relating to such child to be sent to the county board of health or county health officer, as the case may be. § 4. Health officers may inspect premises. It shall be lawful for the officers and representatives of such county board of health, or for such county health officers and their representatives, and for all health officers, at all reasonable times, to enter and inspect the premises wherein such females and children are so boarded, received or kept, and to call for and inspect the license and the register and also to see and visit such children and females. License tax upon maternity hospitals and homes for children: See Act of 1913, p. 73, post, Act 4334. ACT 3427. An act to promote the public welfare, by providing for the conveyance, holding and protection of property, and the creation of trusts for the founding, endowment, erection and maintenance within this state of hospitals for the relief of the sick and for training schools for nurses. [Approved February 19, 1907. Stats. 1907, p. 10.] § 1. Act to be liberally construed. The provisions of this act shall be liberally construed with a view to effect its objects and promote its purposes; and in the construction thereof, the singular number shall be deemed to include the plural, and the plural shall be deemed to include the singular number, and the masculine gender shall be deemed to include the feminine. § 2. Endowment of hospitals, manner of. Any person desiring in his lifetime to promote the public welfare by founding, endowing and having maintained within this state a hospital for the relief of the sick, and as a training school for nurses, may to that end and for such purpose, by grant in writing, convey to a trustee or any number of trustees named in such grant, and to their successors, any property real or personal, belonging to such person, and situated or being within this state, provided, that if any such person be married and the property be community property, then both husband and wife must join in such grant. § 3. Designation of scope of institution. The person making such grant may therein designate: 1. The nature, object and purpose of the hospital and school for nurses to be founded, endowed and maintained. 2. The name by which it shall be known. 3. The powers and duties of the trustees, and the manner in which they shall account, and to whom, if accounting be required; but such powers and duties shall not be held to be exclusive of other powers and duties which may be necessary to enable such trustees to fully carry out the objects of such grant. 4. The mode and manner, and by whom, the successors of the trustee or trustees named in the grant are to be appointed. 5. Such rules and regulations for the management of the property conveyed as the grantor may elect to prescribe; but such rules shall, unless the grantor otherwise prescribes, be advisory only, and shall not preclude such trustees from making such changes as new couditions may from time to time require. § 4. Trustees, powers of. Seal. The trustees named in such grant, and their successors may in the name of the said hospital and school for nurses, as designated in such grant, receive and hold gifts and donations of real and personal property, sue and defend, in relation to the trust property, and in relation to all matters affecting the said hospital and said school endowed or established by such grant, and such trustees are hereby given, and shall have, the right to exercise corporate powers and privileges, and to that end they may organize and act as a board of trustees, elect such officers of such board as they may deem to be necessary, adopt by-laws, and as such board, and through the officers thereof, they may transact such business, perform such acts and exercise such powers as they in writing may provide may be transacted, performed and exercised by such board. Such board may adopt and use a seal and such seal when attached to any document or writing shall be prima facie evidence that such document or writing was made by and under due authority from such board and from such trustees. § 5. Grantee may exercise powers of trustee. The person making such grant, by a provision therein, may elect in relation to the property conveyed and in relation to the erection, maintenance and management of such hospital and school, to perform, during his life, all the duties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee therein named, and in such case the powers and duties conferred and imposed by such grant upon said trustees therein named, shall be exercised and performed by the person making such grant, during his life; provided however, that upon the death of such person such powers and duties shall devolve upon and shall be exercised by the trustees named in the grant, and their successors. § 6. Execution of grant. Any such grant may be executed, acknowledged and recorded in the same manner as is now provided by law for the execution, acknowledgment and recording of grants of real property. § 7. Right of action to annul trust. No suit, action or proceeding shall be commenced or maintained by any person to set aside, annul or affect said conveyance or to affect the title to the property conveyed, or the right to the possession, or to the rents, issues and profits thereof, unless the same be commenced within two years after the date of filing such grant for record; nor shall any defense be made to any suit, action or proceeding commenced by the trustees named in said grant or their successors, privies or persons holding under them, which defense involves the legality of said grant, or affects the title to the property thereby conveyed, or the right of possession, or the rents, issues and profits thereof, unless such defense is made in a suit, action or proceeding commenced within two years after such grant shall have been filed for record, and after such filing said property shall be exempt from execution and forced sale. § 8. Act takes effect when. This act shall be in force from and after its passage. |