the secretary of state revoking the certificate of the person accused; and the secretary of state shall thereupon cancel such.certificate. And on the cancellation of such certificate, it shall be the duty of the secretary of the district board to give notice of such cancellation to the county recorder of each county in this state, whereupon the recorder shall mark the certificate recorded in his office "Canceled."

New certificate. After the expiration of six months the person whose eertificate was revoked may have a new certificate issued to him by the secretary of state upon the certificate of the district board by which the certificate was revoked.

Seal. Every certificated architect shall have a seal, the impression of which must contain the name of the architect, his place of business, and the words "Certificated architect," with which he may stamp all plans prepared by him.

§ 6. Time of taking effect of act. This act shall take effect from and after its passage.

§7. Annual license fee of architects. Receipts for fees. Each regularly certificated architect shall pay an annual license fee of five dollars, said fee to be paid to the secretary of the board of the district of which he shall be a resident, and shall be payable in advance on January 1, and shall become delinquent the first day of April, of each year, after which date it shall be delinquent, and the certificate of such architects who shall fail to pay their license fees by April 1 of each year, shall be subject to cancellation by said district board, and notice of such cancellation shall be sent to each county recorder of the state of California and to the secretary of state, as provided in section 5 of the act to regulate the practice of architecture, approved March 23, 1901, for cancellation of certificates. And the secretary of the said district shall issue a receipt signed by the president and secretary of the district, and under the seal of the district board, to each architect paying said license fee, showing that said certificated architect has paid his annual license fee, which license receipt shall be displayed in a prominent place in the office of said architect. The fees so collected shall be used to meet the expenses of the state board of architecture. [New section approved March 26, 1903. Stats. 1903, p. 522. In effect immediately.]

Division of architecture created as part of Department of Publie Works: See Pol. Code, § 363a.

Constitutionality of this statute: See McManus, Ex parte, 151 Cal. 331, 90 Pac. 702; Binford v. Boyd, 178 Cal. 458, 174 Pac. 56.

TITLE 36.
ARMS.

ACT 496.

To provide for the issuing arms and accoutrements to colleges and academies. [Stats. 1862, p. 483.]

This act provided for the issuing of arms by the governor: See Pol. Code, § 380, subd. 14.

ACT 497.

Military academies, act to furnish arms to. [Stats. 1871-72, p. 121.] See this act, post, tit. "Military Academies."

ACT 507.

For the relief of persons

TITLE 37.

ARREST.

imprisoned on civil process. [Stats. 1850, p. 407. Amended 1863, p. 93.]

Superseded by Code of Civil Procedure, §§ 1143–1154.

ACT 508.

An act relating to the powers and privileges of officers and employees of state reformatories in arresting pupils who have escaped or been rescued therefrom.

[Approved May 5, 1915. Stats. 1915, p. 357.]

§ 1. Officers of reformatories may arrest escaped pupils.

§ 1. Officers of reformatories may arrest escaped pupils. The officers and employees of the state reformatories shall have the powers and privileges of peace officers in so far as it may be necessary to exercise such powers and privileges for the purpose of arresting pupils who have escaped or been rescued from a state reformatory.

ACT 518.

TITLE 38.

ARROYO DEL MEDO.

To declare the Arroyo del Medo in Santa Clara County navigable. [Stats. 1852, p. 223.]

Incorporated in Political Code, § 2349.

TITLE 39.

ARTESIAN WELLS.

ACT 528.

An act to prevent the waste and flow of water from artesian wells, and prescribing penalties therefor, and defining waste and artesian wells.

[1. Approved March 6, 1907; Stats. 1907, p. 122. 2. Amended March 25, 1909; Stats. 1909, p. 749.]

§ 1. Uncapped artesian wells declared public nuisance.

§ 1. Uncapped artesian wells declared public nuisance. Any artesian well which is not capped, equipped or furnished with such mechanical appliance as will readily and effectively arrest and prevent the flow of any water from such well, is hereby declared to be a public nuisance. The owner, tenant, or occupant of the land upon which such well is situated, who causes, permits, or suffers such public nuisance, or suffers or permits it to remain or continue, is guilty of a

misdemeanor; and any person owning, possessing or occupying any land upon which is situated an artesian well, who causes, suffers, or permits the water to unnecessarily flow from such well, or to go to waste, is guilty of a misdemeanor.

§ 2. Artesian well defined. For the purposes of this act, an artesian well is defined to be an artificial hole made in the ground through which water naturally flows from subterranean sources to the surface of the ground for any length of time.

§3. Waste defined. Waste is defined, for the purposes of this act, to be the causing, suffering or permitting any water flowing from an artesian well, to run into any river, creek, or other natural watercourse or channel, or into any bay or pond (unless used thereafter for the beneficial purpose of irrigation of land or domestic use), or into any street, road, or highway, or upon the land of any person, or upon the public lands of the United States or of the state of California, unless it be used thereon for the beneficial purposes of the irrigation thereof or for domestic use or the propagation of fish. The use of any water flowing from an artesian well for irrigation of land whenever over five per cent of the water received on such land for such purposes is allowed to escape therefrom, is also hereby declared to be waste within the meaning of this act; provided, that nothing herein shall prevent the running of artesian water into an artificial pond, or storage-reservoir, if used thereafter for a beneficial use; provided, such beneficial use shall not exceed one tenth of one miner's inch of water per acre, perpetual flow, but such user of water shall have the right to cumulate the said amount within any period of each year. [Amendment approved March 25, 1909; Stats. 1909, p. 749.]

§4. New offense. Each day's continuance of such waste shall constitute a new offense under this act.

§ 5. Penalty. Any person violating any of the provisions of this act shall, for each offense, upon conviction thereof, be punished by a fine of not less than $25 and not more than $500, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. All prosecutions for the violation of any of the provisions of this act shall be instituted in the justice's court of the county in which such well is situated. Any fine imposed under the provisions of this act may be collected as in other criminal cases, and the justice may also issue an execution upon the judgment therein rendered, and the same may be enforced and collected as in

eivil cases.

§ 6. Conflicting acts repealed. All acts and parts of acts in conflict with this act, are hereby repealed.

§7. Act takes effect when. This act shall take effect immediately. Former act: See Stats. 1877-78, p. 195. Amended 1901, p. 284. This act is constitutional: Elam, Ex parte, 6 Cal. App. 233, 91 Pac. 811.

TITLE 40.
'ASEXUALIZATION.

ACT 538.

An act to permit asexualization of inmates of the state hospital and the California Home for the Care and Training of Feeble-minded Children, and of convicts in the state prison. [Approved April 26,

1909. Stats. 1909, p. 1093.]

Repealed 1913, p. 776.

See next act.

ACT 539.

An act to provide for the asexualization of inmates of state hospitals for the insane, the Sonoma State Home, of convicts in the state prisons, and of idiots, and repealing an act entitled "An act to permit asexualization of inmates of the state hospitals and the California Home for the Care and Training of Feeble-minded Children and of convicts in the state prisons," approved April 26, 1909. Stats. 1913, p. 775.]

[Approved June 13, 1913.

Amended 1917; Stats. 1917, p. 571.

§ 1. Asexualization of inmates of hospitals for insane before release. § 2. Asexualization of recidivists committed for sexual crimes. Asexualization of idiots.

§ 1. Asexualization of inmates of hospitals for insane before release Before any person who has been lawfully committed to any state hospital for the insane, or who has been an inmate of the Sonoma State Home, and who is afflicted with mental disease which may have been inherited and is likely to be transmitted to descendants, the various grades of feeblemindedness, those suffering from perversion or marked departures from normal mentality or from disease of a syphilitic nature, shall be released or discharged therefrom, the state commission in lunacy may in its discretion, after a careful investigation of all the circumstances of the case, cause such person to be asexualized, and such asexualization whether with or without the consent of the patient shall be lawful and shall not render the said commission, its members or any person participating in the operation liable either civilly or criminally. [Amended 1917. Stats. 1917, p. 571.]

crimes.

§ 2. Asexualization of recidivists committed for sexual Asexualization of idiots. Whenever in the opinion of the resident physician of any state prison it will be beneficial and conducive to the benefit of the physical, mental or moral condition of any recidivist lawfully confined in such state prison, to be asexualized, then such physician shall call in consultation the general superintendent of state hospitals and the secretary of the state board of health, and they shall jointly examine into the particulars of the case with the said resident physician, and if in their opinion or the opinion of any two of them, asexualization will be beneficial to such recidivist, they may perform the same; provided, that such operation shall not be performed unless the said recidivist has been committed to a state prison in this or some other state or country at least two times for rape,

assault with intent to commit rape, or seduction, or at least three times for any other crime or crimes, and shall have given evidence while an inmate of a state prison in this state that he is a moral or sexual degenerate or pervert; and provided, further, that in the case of convicts sentenced to state prison for life, who exhibit continued evidence of moral and sexual depravity, the right to asexualize them, as provided in this section, shall apply whether they shall have been inmates of a state prison in this or any other country or state more than one time or not; provided, further, that nothing in this act shall apply to or refer to any voluntary patient confined or kept in any state hospital of this state.

§3. Asexualization of idiots. Any idiot if a minor, may be asexualized by or under the direction of the medical superintendent of any state hospital, with the written consent of his or her parent or guardian, and if an adult, then with the written consent of his or her lawfully appointed guardian, and upon the written request of the parent or guardian of any such idiot or fool, the superintendent of any state hospital shall perform such operation or cause the same to be performed without charge therefor.

§4. Stats. 1909, p. 1093, repealed. An act entitled "An act to permit asexualization of inmates of the state hospitals and the California Home for the Care and Training of Feeble-minded Children, and of convicts in the state prison," approved April 26, 1909, is hereby repealed.

TITLE 41.
ASSAULT.

ACT 549.

To punish assaults with caustic or corrosive liquids and substances. [Stats. 1867-68, p. 194.]

Superseded by Penal Code, § 244.

TITLE 42.
ASSESSORS.

ACT 559.

County treasuries, protection of.

[Stats. 1873–74, p. 393.]

Probably repealed by County Government Act, 1897, p. 452. See post, Act 1864.

This act required the assessors of Siskiyou, Calaveras, Amador, and Alpine counties appointing deputies, in pursuance of power given by the board of equalization, to pay such deputies.

ACT 569.

TITLE 43.

ASSIGNMENTS OF CONTRACTS.

Relative to bonds, due-bills and other instruments in writing and making them assignable. [Stats. 1850, p. 332.]

This act has not been in terms repealed, and in the absence of positive legislation, it is difficult to tell what, if any, part of it is in force.