§ 4. Act takes effect when. This act shall take effect immediately on and after its passage. ACT 4635. An act to provide for the marking, branding, or labeling of boxes, barrels, or packages containing fruits, fresh or dried, and fixing a penalty for the violation thereof, and for the appointment of inspectors under its provisions. [Approved March 20, 1903. Stats. 1903, p. 338.] Unconstitutional: Hayden, Ex parte, 147 Cal. 649, 82 Pac. 315. ACT 4636. An act requiring the labeling of articles offered for sale and intended for personal wear, manufactured in state penitentiaries, reform schools or other institutions supported at public expense, and requiring that notice that such goods are on sale, shall be conspicuously posted in places where said goods are offered for sale. [Approved May 5, 1917. Stats. 1917, p. 249. In effect July 27, 1917.] § 1. Articles manufactured at state institutions must be labeled. § 2. Notice that articles manufactured at state institutions are for sale. No § 1. Articles manufactured at state institutions must be labeled. person, persons, firm or corporation, by themselves, their agents or employees shall sell, offer for sale or expose for sale, or have in his or their possession for sale, any article intended for personal wear which was manufactured at a state penitentiary, state reform school or at any other institution supported at public expense and located without the boundaries of the state of California, unless said article shall have affixed, stamped or imprinted thereon, a label in letters three-eighths of an inch in height, designating the state penitentiary, state reform school or other public institution, where said article was manufactured. § 2. Notice that articles manufactured at state institutions are for sale. No person, persons, firm or corporation, by themselves, their agents or employees shall sell, offer for sale or expose for sale, or have in his or their possession for sale, any article intended for personal wear which was manufactured at a state penitentiary, state reform school or at any other institution supported at public expense and located without the boundaries of the state of California unless there is kept on exhibition in a conspicuous place, where said article is exposed or offered for sale, a notice at least twelve inches in length by six inches in height, stating that goods so manufactured are on sale there. § 3. Penalty. Whoever shall knowingly violate any of the provisions or sections of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished for the first offense by a fine of not less than twenty dollars nor more than one hundred dollars; or by imprisonment in the county jail for not less than ten days and not exceeding thirty days; and for each subsequent offense by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment in the county jail for not less than twenty days nor more than one hundred days, or by both such fine and imprisonment, at the discretion of the court. § 4. Duty of district attorney. It shall be the duty of the district attorney of each and every county in this state, upon application, to attend to the prosecution in the name of the people of any action brought for the violation of any of the provisions of this act within his district. ACT 4637. An act to perpetuate marks, brands and counterbrands established in the several counties of the state under sections three thousand one hundred sixty-eight and three thousand one hundred sixty-nine of the Political Code, to provide methods of perpetuation and declaring all marks, brands and counterbrands not so perpetuated to be inoperative and void. [Approved April 16, 1917. Stats. 1917, p. 138. In effect July 27, 1917.] § 1. Notice to perpetuate marks, brands, and counterbrands. § 5. Sections of Political Code not affected by act. § 1. Notice to perpetuate marks, brands, and counterbrands. The county recorder of each county in whose office there are recorded more than one hundred marks, brands and counterbrands under the provisions of section three thousand one hundred sixty-eight of the Political Code, shall, within thirty days after this law goes into effect, cause to be published in a newspaper of general circulation in such county, the following notice: "Every person, who, under and by virtue of compliance with section three thousand one hundred sixty-eight of the Political Code, owns a mark, brand or counterbrand, must, within three months after final publication of this notice, notify the county recorder of his desire to continue and perpetuate such mark, brand and counterbrand. This notification must be in words of positive and reasonable intendment and must be either by registered letter or by personal application addressed to said county recorder. Any person failing to so continue and perpetuate such mark, brand and counterbrand, shall lose all right, title and interest therein. First publication: (naming date). County recorder of county." § 2. Publication. The notice set forth in section one shall be published six times at intervals of four weeks, final publication to be not more than five months later than the original publication thereof. § 3. Continuance of marks, etc. Every person desiring to continue and perpetuate any mark, brand and counterbrand must comply with the provisions set forth in the notice under section one, and the county recorder shall, upon such compliance, write or stamp opposite the record of such mark, brand or counterbrand the word "perpetuated." § 4 mon coun mark new t one h and ec counti abando § 5. act sha sixty-ei Code. Act 4638 An act t inga scrib and p [Approved § 1. Title § 2. Enfo § 3. Reco cor ing 4. Inspec Issu 5. Licens Fees Reco Slau port 6. Taggin § 7. Inspect § 8. Estrays § 9. Recorda § 10. Terms §1. Title o § 2. Enforce culture is herel visions of this the cattle of th as may be nece He shall I appoi and other employ fix the salaries pointees, includin of this act, as he tection fund, whi All rules and in a proclamation shall be published the state. § 4. Marks, etc., deemed abandoned. At the termination of three months after final publication of notice set forth in section one, the county recorders of the several counties shall transfer the records of all marks, brands and counterbrands perpetuated under section three to a new book set apart for the purpose described in section three thousand one hundred sixty-eight of the Political Code, and all marks, brands and counterbrands in the custody of the county recorders of the several counties not so continued and perpetuated shall be deemed to have been abandoned by the owner thereof and to be inoperative and void. § 5. Sections of Political Code not affected by act. Nothing in this act shall be construed as repealing sections three thousand one hundred sixty-eight and three thousand one hundred sixty-nine of the Political Code. Act 4638. An act to provide for the registration of brands and earmarks, the licensing and regulating of cattle slaughterers and sellers of meat; prescribing duties of the department of agriculture in relation thereto, and penalties for the violation hereof. [Approved June 3, 1921. Stats. 1921, p. 1248. In effect August 2, 1921.] § 1. Title of act. Enforcement by director of agriculture. Recorded brands and marks. Adopting mark or brand. Re- Inspection of cattle. Inspection of carcasses. Inspection fee. Tagging hides. Inspection before slaughter. 6. § 7. § 8. Estrays. § 9. § 10. § 1. § 2. Recordation of marks and brands. Report of moneys. Terms defined. Penalty. Constitutionality. Title of act. This act shall be known as the hide and brand law. Enforcement by director of agriculture. The director of agriculture is hereby authorized and it is made his duty to enforce the provisions of this act and to exercise a general supervision over and protect the cattle of this state from theft, and to make such rules and regulations as may be necessary to carry out the purposes of this act. He shall appoint a secretary, counsel and such hide and brand inspectors and other employees and clerks as may be necessary for this purpose and fix the salaries of such appointees. The salaries and expenses of appointees, including other additional expenses incurred in the enforcement of this act, as hereinafter provided, shall be paid out of the cattle protection fund, which fund is hereinafter provided. All rules and regulations made under this act shall be promulgated in a proclamation under the seal of the department of agriculture, and shall be published in one or more stock journals of general circulation in § 3. Recorded brands and marks. 1. It shall be unlawful to brand and earmark any cattle with a brand and earmark unless said brand and mark shall be recorded and not forfeited under the provisions of this act. 2. Adopting mark or brand. Any person owning cattle in this state, except as hereinafter provided, may adopt a brand and earmark with which to brand and mark his cattle; provided, such brand and mark be not the same or similar to the brand and mark heretofore adopted by any other person, except by special permit issued by said director. Said brands and marks must be recorded by the director of agriculture. 3. Recording mark or brand. Recording a brand and mark shall consist of depicting in the brand records a facsimile of the design of the brand adopted, a diagram denoting the manner of earmarking adopted, an entry of the name and address of the person adopting the same, the date of recordation, the place upon the animal where the brand is to be used, number of the district and the location of the range whereon such animals are to range. A brand and mark shall not be deemed similar if it is not recorded by any other person in the same or a contiguous district. Whenever the brand records on file with the state department of agriculture disclose evidence whereby the same or a similar brand and mark has been recorded by two or more persons in any one branding district, the director of agriculture may proceed to cause an investigation to be made, and hearing held, for the purpose of determining the rights of prior ownership in such brand and mark, and when in the judgment of the director of agriculture, prior ownership to such brand and mark has been fully established, the director shall cause the cancellation of any duplicated or recorded brand in such branding district. A brand and mark shall not be considered recorded unless all renewal fees due have been paid. 4. Districts. The director may divide the state into a number of districts. Such districts may be changed as often as may be necessary to avoid the recordation of a brand and earmark in any two contiguous districts. Earmarks may be recorded only with a brand. 5. Fee. The sum of two dollars shall be paid said director for the recordation of any brand and earmark; for the right to continue the use of said brand and of said earmark, under the provisions of this act, the owner thereof shall before the first day of January of each year after its recordation transmit to the said director the sum of one and onehalf dollars. Failure to make such payment shall forfeit the right to use said brand and earmark. When forfeited, said brand and earmark shall not be recorded by any other person until after the expiration of one year from the date of the forfeiture thereof. Provided that no brand used or to be used for the purpose of branding cattle shall be recorded by any county clerk or recorder of any county of this state until said band has been recorded under this act. 6. Transfer. No transferee of any mark and brand shall use such mark and brand until transfer thereof shall have been recorded in the office of the said director and the sum of one dollar paid therefor. 7. Obliterating brand. No person shall obliterate a brand on the hide of any bovine animal until such hide has been inspected and tagged. § 4. Inspection of catt examination of the same branded cattle, for natural ing said brands and man inspection, shall make a r and brand of each anima signor and consignee. 2. Inspection of carcass hides attached, and of hi inspector before issuing with the official tag of th animals from which such were obtained, were not within fifteen days prior 3. Inspection fee. The quest of the shipper or s ment or place of slaught being notified, and shall for such inspection the s inspected before he shal 4. Issuing certificate inspector or other empl such inspection shall h spection fees collected, ficate of inspection and fifteen days after said i 5. Tagging. Tagging department of agricult when so attached, said 6. Charge. No charg have been previously act. § 5. License to slav a bovine animal or of unless he shall have provisions of this act 2. Slaughter-house business shall do so business he must pr business and execute of one thousand do that such person sha or the meat thereof authorized so to do any cattle without b aball, in addition to the value of such a be paid as follows: 0 ing one-half to the ca § 4. Inspection of cattle. Inspection of cattle shall consist of the examination of the same for marks and brands, and in the case of unbranded cattle, for natural marks, and the issuance of a certificate showing said brands and marks. The inspector, as he proceeds with the inspection, shall make a record showing the number, kind, age, sex, mark and brand of each animal inspected, name of owner or claimant, consignor and consignee. 2. Inspection of carcasses. Inspection of carcasses of cattle with the hides attached, and of hides, will be the same as for cattle, except such inspector before issuing a certificate of inspection shall tag the same with the official tag of the department of agriculture; provided, that the animals from which such hides were removed, or from which such carcasses were obtained, were not inspected at shipping point or place of slaughter within fifteen days prior to slaughter. 3. Inspection fee. The inspector shall make such inspection upon request of the shipper or slaughterer at the point of shipment prior to shipment or place of slaughter prior to slaughter as soon as practicable after being notified, and shall receive from the person in charge of the same for such inspection the sum of five cents for each animal, carcass or hide inspected before he shall issue a certificate of inspection therefor. 4. Issuing certificate without inspection. It shall be unlawful for any inspector or other employee to issue any certificate of inspection unless such inspection shall have been personally made by him and all inspection fees collected, or neglect or refuse to forward the original certificate of inspection and fees collected to the director of agriculture within fifteen days after said inspection has been made. 5. Tagging. Tagging shall consist of attaching the official tag of the department of agriculture to the left side of the neck of the hide, and when so attached, said tag shall be prima facie evidence of inspection. 6. Charge. No charge shall be made for the inspection of hides which have been previously inspected and tagged under the provisions of this act. § 5. License to slaughter or sell animal. 1. No person shall slaughter a bovine animal or offer for sale, barter or exchange the meat thereof, unless he shall have a license therefor issued in accordance with the provisions of this act, except as herein otherwise provided. 2. Slaughter-house license. Every person slaughtering cattle as a business shall do so in a designated slaughter-house. Before beginning business he must procure from the director a license to carry on such business and execute a bond to the state of California, in the penal sum of one thousand dollars to be approved by the director, conditioned that such person shall not slaughter, sell or expose for sale any cattle or the meat thereof, without first being the owner thereof, or being authorized so to do by such owner, and that in case he shall slaughter any cattle without being the owner, or so authorized by the owner, he shall, in addition to all other statutory penalties, pay therefor double the value of such animal. All amounts recovered on said bonds shall be paid as follows: One-half to the owner of such animal and the remaining one-half to the cattle protection fund. |