for the violation of the act. [Approved March 20, 1905. Stats. 1905, p. 422.] Unconstitutional: Sohncke, In re, 148 Cal. 262. Compare Act 1731, ante. АСТ 3756. To regulate the interest of money. [Stats. 1850, p. 92.] Amended 1867-68, p. 553; 1869–70, p. 669. Superseded by Civil Code, §§ 1917-1920. АСТ 3757. An act, to be known as the usury law, relating to the rate of interest which may be charged for the loan or forbearance of money, goods or things in actions, or on accounts after demand, or on judgments, providing penalties for the violation of the provisions hereof, and repealing sections one thousand nine hundred seventeen, one thousand nine hundred eighteen, one thousand nine hundred nineteen, and one thousand nine hundred twenty of the Civil Code and all acts and parts of acts in conflict with this act. This act was an initiative measure submitted and approved at the general election November 5, 1918. See Stats. 1919, lxxxiii. § 1. Legal rate of interest. Contract rate. § 2. Limit on rate of interest that can be charged. § 3. § 4. Rights of persons paying illegal interest. Penalty for charging illegal interest. Repeal of Civil Code sections relating to interest. § 5. Title of act. § 1. Legal rate of interest. Contract rate. The rate of interest upon the loan or forbearance of any money, goods or things in action or on accounts after demand or judgments rendered in any court of this state, shall be seven dollars upon the one hundred dollars for one year and at that rate for a greater or less sum or for a longer or a shorter time; but it shall be competent for parties to contract for the payment and receipt of a rate of interest not exceeding twelve dollars on the one hundred dollars for one year and not exceeding that rate for a greater or less sum or for a longer or shorter time, in which case such rate exceeding seven dollars on one hundred dollars shall be clearly expressed in writing. § 2. Limit on rate of interest that can be charged. No person, company, association or corporation shall directly or indirectly take or receive in money, goods or things in action, or in any other manner whatsoever, any greater sum or any greater value for the loan or for bearance of money, goods or things in action than at the rate of twelve dollars upon one hundred dollars for one year; and in the computation of interest upon any bond, note, or other instrument or agreement, interest shall not be compounded, nor shall the interest thereon be construed to bear interest unless an agreement to that effect is clearly expressed in writing and signed by the party to be charged therewith. Any agreement or contract of any nature in conflict with the provisions of this section shall be null and void as to any agreement or stipulation therein contained to pay interest and no action at law to recover interest in any sum shall be maintained and the debt cannot be declared due until the full period of time it was contracted for has elapsed. § 3. Rights of person paying illegal interest. Every person, company, association or corporation, who for any loan or forbearance of money, goods or things in action shall have paid or delivered any greater sum or value than is allowed to be received under the preceding sections, one and two, may either in person or his or its personal representative, recover in an action at law against the person, company, association or corporation who shall have taken received the same, or his or its personal representative, treble the amount of the money so paid or value delivered in violation of said sections, providing such action shall be brought within one year after such payment or delivery. or Penalty for charging illegal interest. And any person, company, association or corporation, who shall ask, demand, receive, take, accept or charge more than twelve per centum per annum upon the sum of money actually loaned for the forbearance, use or loan thereof, when the repayment of the money loaned shall be secured by a mortgage, trust deed, bill of sale, assignment, pledge, receipt or other evidence of debt, except corporation bonds, and municipal and other public bonds, upon property, real or personal or by assignment of wages, or ask, demand, receive, take, accept or charge more than an amount equal to five per cent so actually loaned and secured in all sums of one thousand dollars or less, and three per cent on all sums over one thousand dollars in full for all examinations, views, fees, appraisals, commissions, renewals made within one year from date of loan and charges of any kind or description whatsoever, except abstracts or certificates of title charges made under the Torrens land law or otherwise, in the procuring, making and transacting of the business connected with such loans, or who shall ask, demand, receive, take, accept or charge any fee, bonus or commission whatsoever for the use or loan or the procuring of such loan of any sum of money for a shorter period than six months when said loan is not secured by a mortgage or pledge upon real estate, or shall violate the provisions of sections one and two of this act, shall be guilty of a misdemeanor and upon conviction thereof shall be punished for the first offense by a fine of not less than twenty-five dollars nor more than three hundred dollars, or by imprisonment not more than six months, or by both such fine and imprisonment, and for each subsequent offense and conviction shall be punished by a fine not less than one hundred dollars nor more than five hundred dollars and by imprisonment not less than six months nor more than one year. The penalties herein provided for the violation of this section and said sections one and two shall apply to and be imposed upon each member of any unincorporated company, association, or of any copartnership and upon each officer and director of a corporation who shall violate either of said sections. § 4. Repeal of Civil Code sections relating to interest. Sections one thousand nine hundred seventeen, one thousand nine hundred eighteen, one thousand nine hundred nineteen and one thousand nine hundred twenty of the Civil Code and all acts and parts of acts in conflict with this act are hereby repealed. § 5. Title of act. This act whenever cited, referred to, or amended may be designated simply as the "usury law." ACT 3767. TITLE 277. In relation to interpreters before grand jury. [Stats. 1871–72, p. 540.] Codified by § 925 of Penal Code. See Penal Code, § 925, note. АСТ 3768. To authorize the appointment of an interpreter of the Italian language in cities of one hundred thousand inhabitants. [Stats. 1885, p. 108.] Amended 1895, p. 37. Codified by Amendment of Penal Code 1905. See note to § 925, Penal Code. "Superseded as to San Francisco by c. I of art. V of the charter of that city."-Code Commissioner's Note. АСТ 3778. TITLE 278. INTOXICATING LIQUORS. An act declaring all buildings and places nuisances, wherein or upon which any spirituous, vinous, malt or other alcoholic liquor is unlaw fully sold, served or given away, or which are used for the purpose of unlawfully selling, serving or giving away such liquors; and providing for the abatement of such nuisances. [Approved April 28, 1915. Stats. 1915, p. 236.] Place where liquor unlawfully sold a nuisance. Precedence of actions. § 1. § 2. § 3. § 4. Costs. § 1. Place where liquor unlawfully sold a nuisance. Every building or place used for the purpose of unlawfully selling, serving or giving away any spirituous, vinous, malt or other alcoholic liquor, and every building or place wherein or upon which such liquors are unlawfully sold, served or given away, is a nuisance which shall be enjoined, abated and prevented as hereinafter provided, whether the same be a public or private nuisance. § 2. District attorney or citizen may bring suit to abate. Whenever there is reason to believe that such nuisance is kept, maintained or exists in any county or city and county, the district attorney of said county or city and county, in the name of the people of the state of California, must, or any citizen of the state resident within said county or city and county, in his own name may, maintain an action in equity to abate and prevent such nuisance and to perpetually enjoin the person or persons conducting or maintaining the same, and the owner, lessee or agent of the building, or place, in or upon which such nuisance exists, from directly or indirectly maintaining or permitting such nuisance. § 3. Abatement procedure. Writ of injunction. The complaint in such action must be verified unless filed by the district attorney. Whenever the existence of such nuisance is shown in such action to the satisfaction of the court or judge thereof, either by verified complaint or affidavit, and the court or judge is satisfied that the owner of the property has received written notice of the existence of such nuisance, signed by the complainant or the said district attorney at least two weeks prior to the filing of the complaint, the court or judge shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of such nuisance. On granting such writ the court or judge must require, except when it is granted on application of the people of the state, written undertaking on the part of the applicant, with sufficient securities, to the effect that he will pay to the party enjoined such damages, not exceeding an amount to be specified, as such party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled thereto. § 4. Precedence of actions. Costs. The action when brought shall have precedence over all other actions, excepting criminal proceedings, election contests and hearings on injunctions. If the complaint is filed by a citizen, it shall not be dismissed by the plaintiff or for want of prosecution except upon a sworn statement made by the complainant and his attorney, setting forth the reasons why the action should be dismissed, and the dismissal ordered by the court. In case of failure to prosecute any such action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any such citizen consenting thereto for such plaintiff. If the action is brought by a citizen and the court finds there was no reasonable ground or cause for said action, the costs shall be taxed against such citizen. § 5. Plaintiff's costs a lien. If the existence of the nuisance be established in an action as provided herein, an order of abatement shall be entered as part of the judgment in the case, and plaintiff's costs in such action shall be a lien upon such building and place, enforceable and collectible by execution issued by order of the court. § 6. Violation of injunction a contempt. Any violation or disobedience of any injunction or order expressly provided for by this act shall be punished as a contempt of court by fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than one month nor more than six months, or by both such fine and imprisonment. § 7. Fine a lien on building. Whenever the owner of a building or place upon which the act or acts constituting the contempt shall have been committed, or the owner of any interest therein, has been guilty of a contempt of court, and fined therefor in any proceedings under this act, such fine shall be a lien upon such building and place to the extent of the interest of such person therein, enforceable and collectible by execution issued by order of the court. § 8. "Person" defined. The term "person," as used in this act, shall be held to mean and include individuals, corporations, associations, partnerships, trustees, lessees, agents and assignees. This act with reference to the abatement of illegal liquor-selling places as nuisances is not a law attempting to lay down a special procedure in violation of art. IV, § 25, subd. 3, of the constitution: Brambini, In re, 66 Cal. Dec. 306, 218 Pac. 569. АСТ 3779. To prohibit the collection of accounts for liquors sold at retail. [Stats. 1858, p. 193.] Superseded, although not in terms repealed, by the Act of 1873-74, p. 509, to the same effect. АСТ 3780. An act to prevent the sale of intoxicating liquors to persons addicted to the inordinate use thereof. [Approved March 19, 1889. Stats. 1889, p. 352.] Amended 1915, p. 49. §1. To prohibit furnishing intoxicating liquor to person inordinately using it. § 2. Not to apply to physicians. § 3. Act takes effect when. § 1. To prohibit furnishing intoxicating liquor to person inordinately using it. Any person who, after receiving notice that a person named in said notice is addicted to the inordinate use of intoxicating liquors, should the person named in said notice be so addicted, shall thereafter within a period of twelve months furnish to said person so addicted to the inordinate use of intoxicating liquors, any spirituous liquors, wines, or intoxicating or malt liquors, shall be guilty of a misdemeanor and punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding two hundred dollars, or by both such fine or imprisonment. Said notice shall be in writing and may be given by any adult member of the family of said person so addicted to the inordinate use of intoxicating liquors, or by any adult relative of said person so addicted to the inordinate use of said intoxicating liquors, or by any peace-officer or district attorney. [Amendment approved May 26, 1915; Stats. 1915, p. 49.] § 2. Not to apply to physicians. The provisions of this act shall not prohibit any regularly licensed physician from furnishing or prescribing said liquor in case of sickness. § 3. Act takes effect when. This act shall take effect from and after its passage. Sale of intoxicating liquor to habitual drunkard: See Penal Code, § 397. АСТ 3781. Permitting voters of every township or incorporated city to vote on question of granting license to sell. [Stats. 1873-74, p. 434.] Repealed, 1875–76, p. 10. Unconstitutional: Wall, Ex parte, 48 Cal. 279. Local option law. See next act. |