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1. License required.

2.

3.

4.

Fee. Term of license. Pharmaceutical firms. Ex-Union soldiers.

Itinerant vendors defined.

Statement to controller.

5. Penalty for violation of act.

6. Proof required.

7.

Acts repealed.

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§ 1. License required. No person as principal or agent, shall conuct as an itinerant vendor the business of selling or in any maner disposing of drugs, nostrums, ointments or any appliances for the reatment of disease, deformities or injuries, within this state, withut previously obtaining a license therefor as herein provided. Amendment approved March 19, 1909. Stats. 1909, p. 419.]

§ 2. Fee. Term of license. Pharmaceutical firms. Ex-Union solliers. A license fee of one hundred dollars is hereby levied upon all uch itinerant vendors doing business in this state. Said tax shall be paid to the state board of pharmacy, for the use and benefit of the state of California, and shall constitute a special fund for the enforcement of this act, and of the provisions of the act or acts creating such board of pharmacy. Upon the receipt of said sum from any persons desiring to Conduct such business within this state, the secretary of said board of pharmacy shall issue a license to such person to carry on such business within this state for the term of six months next ensuing; provided that nothing in this act shall be construed to prevent the collection of any ax or license that may be imposed by any county or municipal authorty; and provided, further, that nothing herein contained shall prevent nanufacturing pharmaceutical firms from placing their products on the narket through their agents and managers subject to the provisions of ection 3 of this act. The said board of pharmacy may allow such icense to be transferred during the life thereof on such terms as the oard of pharmacy may deem proper; provided however, that nothing n this act shall be held to repeal or modify the provisions of an act pproved March 20, 1905, “An act permitting all ex-Union soldiers and ailors of the Civil War, honorably discharged from military or marine ervice of the United States, the right to vend, hawk and peddle goods, vares, fruits or merchandise not prohibited by law, in any county, town r village, incorporated city or municipality in the state of California, ithout paying a license." [Amendment approved March 21, 1907. tats. 1907, p. 765.]

§ 3. Itinerant vendors defined. Itinerant vendors under the meanng of this act shall include all persons who carry on the business bove described by passing from house to house, or by haranguing he people on the public streets or in public places, or use the arious customary devices for attracting crowds and therewith recomending their wares, and offering them for sale.

§ 4. Statement to controller. Said board of pharmacy shall on the rst day of July of each year make a verified and itemized statement n writing to the controller of this state, of all receipts and disursements of money coming into their hands by reason of this act. § 5. Penalty for violation of act. Any person violating any of the rovisions of this act, who shall without such license, sell or offer

for sale any of the abo appliances, shall be deeme breach of this act upon fine of not less than

a

hundred and fifty dollars for not less than fifty da days, or both such fine a this act shall be paid by state board of pharmacy, a created by section 2 of this

§6. Proof required. In it need not be alleged i ention that the defendant but the fact that he ha of defense.

§7. Acts repealed. All act [are] hereby repealed §8. Act takes effect force sixty days after it This act is not rept federal constitution: G 1917A, 1086, 152 Pac. 4 It constitutes a valid general law enforceable not an attempt to exer revenue: Idem.

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for sale any of the above-described drugs, nostrums, ointments, or appliances, shall be deemed guilty of a misdemeanor, and for such breach of this act upon conviction therefor, shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars, or by imprisonment in the county jail for not less than fifty days or more than one hundred and twenty days, or both such fine and imprisonment. All fines recovered under this act shall be paid by the magistrate receiving the same, to the state board of pharmacy, and by said board placed in the special fund created by section 2 of this act.

§ 6. Proof required. In all actions or prosecutions under this act it need not be alleged in the complaint nor proved by the prosecution that the defendant has not a license as required in this act, but the fact that he has such license may be plead as a matter of defense.

§ 7. Acts repealed. All acts or parts of acts conflicting with this act [are] hereby repealed, in and so far as they conflict.

§ 8. Act takes effect when. This act shall take effect and be in force sixty days after its passage.

This act is not repugnant to the fourteenth amendment to the federal constitution: Gilstrap, In re, 171 Cal. 108, 115, Ann. Cas. 1917A, 1086, 152 Pac. 42.

It constitutes a valid exercise of the police power: Idem. It is a general law enforceable in every part of the state: Idem. And it is not an attempt to exercise the power of taxation for the purpose of revenue: Idem.

АСТ 4333.

An act to authorize counties, cities and counties, and incorporated towns, and chartered or incorporated cities, to license bicycles, tricycles, and similar vehicles, and collect a fee therefor, for the purpose of devoting such fee to the construction of paths along county roads for the use of pedestrians and the wheeling thereon of such vehicles.

[Became a law under constitutional provision without governor's approval, March 16, 1901. Stats. 1901, p. 324.]

§ 1. Governing bodies may tax bicycles, tricycles, automobiles, etc. § 2. How license fee shall be collected.

§ 3.

Ordinances to enforce collection of licenses.

$4. Application of funds to be derived from licenses. § 5. Jurisdiction under the provisions of this act.

porary residents not to be taxed.

Visitors and tem

§ 6. Expenses incident to this act to be paid from collections. § 7. Act takes effect when.

§ 1. Governing bodies may tax bicycles, tricycles, automobiles, etc. Counties, cities and counties, chartered or incorporated cities and towns in the state of California, are hereby, through the governing bodies thereof, authorized and permitted to license the use of bicycles, tricycles, automobile carriages and carts, and similar wheeled vehicles, propelled by the power of the rider, or by motor under control of the rider, owned, rented, and used within the several jurisdictions above

named; provided, that such license shall be granted and issued only on payment of a fee not to exceed one dollar a year for each of such vehicles; and further provided, that the money so collected shall be appropriated and used only for the purpose of constructing and maintaining paths and walkways for the use of pedestrians, and the wheeling of the above-named vehicles; and provided also, that the sum of the taxes paid to the state, county, town, or municipality, upon any vehicle the use of which is hereby authorized to be licensed, shall be deducted from the amount of the license fee hereby authorized, and credited upon the license; it being the intention that any license fee hereby authorized shall be collected in such less, sum as is represented by the subtraction of the personal property tax from the sum of the license fee fixed by such ordinance.

§ 2. How license fee shall be collected. When an ordinance establishing such license and fixing such license fee is passed, the fee shall be collected and the license issued in the manner and by the officer or officers provided for the issuance and collection of other licenses, and the governing body of such jurisdictions named in section 1 of this act may devise such label, tag, or certificate as is deemed necessary to be witness of the possession of such license, and the payment of such fee; provided, that no license shall be required for any vehicle so named in this act as is in the possession of a merchant, manufacturer, or dealer, for the purposes of sale or barter, and not for use by the owner or his or her agent, or by persons to whom such vehicles are rented for use, by the hour, the day, the week, or other period of time.

§ 3. Ordinances to enforce collection of licenses. It shall be lawful for such governing bodies to provide in such ordinance or ordinances for the enforcement of penalties for the violation thereof, or for failure or refusal to take such license, or pay such license fee; provided, that no penalty shall exceed the sum of the said license fee, with the costs of collection and prosecution under the ordinance added thereto; nor shall any judgment of imprisonment exceed a period of twenty-four hours for violation of said ordinance.

§ 4. Application of funds to be derived from licenses. It shall be lawful to provide in any such ordinance authorized by this act, for the application of the money collected to the construction and maintenance of such paths, by said towns or cities, or consolidated cities and counties, without the limits of such town and municipal jurisdictions, but within the county, by and with the consent of the board of supervisors of such county.

§ 5. Jurisdiction under the provisions of this act. Visitors and temporary residents not to be taxed. No municipal or town authority in this act referred to shall have authority by ordinance or otherwise to license any such vehicle for use as is in this act referred to, except the same is owned by a resident of such municipal or town jurisdiction, or is used by a resident of such jurisdiction; nor shall any county, by ordinance or otherwise, lay such license upon the use of any such vehicle named in this act, or require a license fee therefor, except the same is owned or used by a resident of the county without the boundaries of town or municipal jurisdictions in

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the county; provided, that if any town or municipal authority authorized under this act does not provide for such ordinance of license and fee as is permitted by this act, then, and in that case, the governing body of the county may by ordinance provide for the license herein provided for and permitted, and the collection of the fee authorized by this act, so as to make the same applicable to the residents of such town or municipality. But in no case shall any license or fee be required of travelers in counties other than that of their residence, nor from tourists, or visitors, or temporary residents of any city, town, city and county, or county.

§ 6. Expenses incident to this act to be paid from collections. All costs and charges for licenses herein provided for, for tags, or visible evidences of issuance and possession of license, for receipts for payment of the license fee, and other necessary and inseparable expense related to such licenses, shall be paid from the sum of such collections of fees; provided, that no additional salary or fee shall be paid to any officer of any county, or town, or city, or city and county, for services in issuing or delivering licenses provided for by this act, or for collecting the fees therefor, authorized for in this act.

§7. Act takes effect when. This act shall take effect and be in force from and after its passage.

АСТ 4334.

An act to provide for the licensing, inspecting and regulating of maternity hospitals or lying-in asylums, and institutions, boardinghouses and homes for the reception and care of children, by the state board of charities and corrections, and providing a penalty for the violation of the provisions of this act.

[Approved April 23, 1913. Stats. 1913, p. 73.]

Charities and corrections. See Act 1330 et seq., ante.
Licensing of maternity hospitals: See ante, Act 3426.

§ 1. License for maternity hospitals.

§ 2. Rules for government.

§ 3. Penalty for violation of statute.

§ 1. License for maternity hospitals. No person, association, or corporation shall hereafter maintain or conduct 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 any institution, boarding-house, home or other place conducted as a place for the reception and care of children, without first obtaining a license or permit therefor, in writing, from the state board of charities and corrections, such permit or license once issued to continue until revoked for cause after hearing.

§ 2. Rules for government. The state board of charities and corrections is hereby authorized to issue licenses or permits to persons or associations to conduct maternity hospitals, lying-in asylums, or homes for children, as provided in section 1 of this act, and to prescribe the conditions upon which such licenses or permits shall be granted, and such rules and regulations as it may deem best for

the government and regulation of maternity hospitals, lying-in asy lums and institutions, boarding-houses, or homes for the reception and care of children, and said board is further authorized, by one or more of its members, secretary, or duly authorized representative, to inspect and report upon the conditions prevailing in all such institutions.

§ 3. Penalty for violation of statute. Any person who maintains or conducts, or assists in maintaining or conducting as manager or officer, any maternity hospital, lying-in asylum, or any institution, boarding-house, home or other place conducted as a place for the reception and care of children, or who keeps at any such place any child under the age of twelve years, not his relative, apprentice or ward, without first having obtained a license or permit therefor in writing, as provided in section 1 of this act, shall be punished upon conviction by imprisonment in the county jail for not more than one year, or by a fine not to exceed five hundred dollars, or both a fine and imprisonment may be imposed at the discretion of the court.

ACT 4344.

TITLE 322.
LIENS.

An act to secure a lien on livestock kept, fed or pastured by ranchmen and stable-keepers.

[Approved April 4, 1870. Stats. 1869-70, p. 723.]

§ 1. Lien on stock pastured. Collection of debts.

§ 2.

§ 1. Lien on stock pastured. The proprietors of stables and ranches or farms, shall have a lien on all livestock pastured, kept or fed by them, under contract with the owners thereof, for the amount and value of the care, feed or pasturage of such livestock, and shall be entitled to recover and hold possession of such livestock until the amount of such lien shall be paid.

§ 2. Collection of debts. Such proprietors shall have power to proceed and collect such debts and foreclose such liens, in the same manner as other debts and liens are collected and foreclosed upon other personal property in civil actions.

Not repealed by codes: See Johnson v. Perry, 53 Cal. 351,
Compare § 3051 of the Civil Code.

ACT 4345.

Creating a lien in favor of owners of stallions, jacks, and bulls, used for propagating purposes. [Stats. 1891, p. 90.]

Codified by §§ 3062-3064 of Civil Code, 1905. See note to § 3062, Civil Code.

ACT 4346.

To secure wages of persons employed as laborers on threshing machines. [Stats. 1885, p. 109.]

Codified by § 3061 of Civil Code, 1905. See note to § 3061, Civil

Code,

1626

ACT 4347.

To secure the payment employed by contra [Stats. 1897, p. 201 Amended 1911, p. p. 487. See post, Ac While this act was 1919, Stats. 1919, p. the title of the rep

ACT 4348.
An act giving a lien
camps, upon the lo
them.

[1. Approved March
April 12, 1880. S
Stats. 1887, p. 53.]
1. Labor with logs;
2. Lien to cease; h
3. Suits to be com
4. Plaintiff to have
5. Clerk to issue w
6. Sheriff to attach
7. Sections made a
§ 8. Attachment; how
9. Where lien shall
10. Time of taking
§1. Labor with log
hauling, rafting, or dr
in or about a logging
portation of logs or 1
due for his personal s
claims, to continue fo
the place of destinati
provided. [Amendme

§ 2. Lien to cease cease and determine days from the time record in the office labor was performed First. Of his dem Second. The time Third. The name

done.

Fourth. The place is claimed is believe Fifth. The repute Sixth. The repute

cut and hauled.

§3. Suits to be c

vided for shall cease

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