§ 2. Cost of repairs, and lien for. The cost of repairing or replacing any such buoy or beacon which may have been misplaced, damaged, or destroyed by any vessel, boat, raft, or scow being made fast to the same, shall, when said cost shall have been legally ascertained, be a lien upon such vessel, boat, raft, or scow, and recovered against the same, and the owner or owners thereof, in an action of debt, in any court of competent jurisdiction in this state. §3. Act takes effect when. This act shall take effect from and after its passage. Codification of act. Portion of this statute was codified by Penal Code, § 609. See also, Penal Code, § 614. ACT 5390. Submarine sites for lighthouses, and other aids to navigation. [Stats. 1873-74, p. 621.] This act authorized the governor to convey sites to the United States for the above purpose. TITLE 394. ACT 5400. Requiring compensation for causing death by wrongful act, neglect, or default. [Stats. 1862, p. 447.] Superseded by Code of Civil Procedure, §§ 376, 377. ACT 5410. TITLE 395. NET CONTAINER BILL. An act to provide for the indicating of the net quantity of foodstuffs and stuffs intended to be used or prepared for use as food for human beings when sold or offered or exposed for sale in containers and providing penalties for the violation thereof. [Approved May 24, 1913. Stats. 1913, p. 247.] Amended 1915, p. 1263; 1917, p. 87; 1919, p. 145. The title of the act was amended in 1917 and again in 1919 to read as follows: An act to provide for the indicating of the net quantity of foodstuffs and stuffs intended to be used or prepared for use as food for human beings, and medicine, when sold or offered or exposed for sale in containers, and providing for the indicating of quantity in the sale of commodities in respect to which there exists a definite trade custom, and providing penalties for the violation thereof. [Stats. 1917, p. 87; 1919, p. 145.] § 1. Title of act. This act shall be known as the net container act. § 2. Design of act. This act is designed to protect purchasers of any commodity within its provisions against deception as to the quantity or amount of the commodity purchased, and as against the seller shall be strictly construed with a view to effect its object. § 3. Application of act. The provisions of this act shall apply to foodstuffs and stuffs intended to be used or prepared for use as food or medicine for human beings and shall apply to any commodity when sold, offered or exposed for sale in containers. [Amendment approved May 3, 1919; Stats. 1919, p. 145.] This section was also amended in 1915. See Stats. 1915, p. 1263. § 4. Net quantity plainly marked. Whenever any of the commodities within the provisions of this act are sold, or offered or exposed for sale, in containers, the net quantity of the contents of the container shall be plainly and conspicuously marked, branded, or otherwise indicated on the outside or top thereof or on a label or tag attached thereto. § 5. Designation of quantity. The designation of the quantity of the commodity required by section four of this act shall be in terms of weight, measure or numerical count, subject, however, to the following provisions: (a) The quantity of the contents so marked shall be the net amount of food or stuff or other commodity in the package or container. (b) If the designation is by weight it shall be in terms of avoirdupois pounds and ounces; if the designation is in liquid measure it shall be in terms of the United States gallon of two hundred thirty-one cubic inches and its customary subdivisions, i. e., in gallons, quarts, pints, or fluid ounces; provided, that, by like method, such designations may be in terms of the metric system of weight or measure. (c) The quantity of solids shall be designated in terms of weight, and of fluids in terms of measure, except in case of an article in respect to which there exists a definite trade custom; in such case the designation shall be in terms of weight, or measure, or numerical count, in accordance with such custom. (d) The quantity of the contents shall be designated in terms of weight or measure, unless the container be marked by numerical count and such numerical count gives accurate information as to the quantity of the food or other commodity in the package. When designation is by numerical count it shall be in English words or Arabic numerals. (e) The quantity of the contents may be stated in terms of minimum weight, minimum measure or minimum count, but in such cases the designation must approximate the actual quantity and there shall be no tolerance below the stated minimum. (f) The quantity of viscous or semi-solid foods, or of a mixture of solids and liquids, may be stated in terms of weight and measure. When products are packed in brine or other preserving fluids, the weight or measure of such brine or fluids shall not be included in the weight or measure of the edible or commodity indicated on the container. [Amendment approved May 3, 1919; Stats. 1919, p. 146.] This section was also amended in 1915. See Stats. 1915, p. 1264; 1917. See Stats. 1917, p. 87. § 6. Wherein not applicable. The provisions of this act shall not apply (a) To any sale of a commodity within the provisions of this act when such sale is made from bulk and the quantity is weighed, measured or counted for the immediate purpose of such sale. (b) To a sale of any container of an ornamental or symbolic character with which a quantity of some commodity is sold as merely incidental. (c) To a sale of a commodity in any container of a net weight of two ounces or less, or of a commodity in any container of a measure of two fluid ounces or less, or of a commodity in any container of a numerical count of six or less. (d) To the sale of medicine, when prescribed by a licensed physician, veterinarian, or dentist; or to medicinal or pharmaceutical preparations or mixtures of two or more medicinal substances. [Amendment approved June 7, 1915. Stats. 1915, p. 1264.] § 7. Violation defined. It shall not be held to be a violation of the provisions of this act when a commodity in a container is sold, or offered or exposed for sale, and there is a discrepancy between the actual quantity of the commodity in said container and the net quantity of the contents thereof indicated on the container as herein prescribed, provided such discrepancy is due to unavoidable leakage, shrinkage, evaporation, waste, or causes beyond the control of the seller acting in good faith. § 8. No violation. It shall not be held to be a violation of the provisions of this act when a commodity in a container is sold, or offered or exposed for sale, and there is a discrepancy between the actual quantity of the commodity in said container and the net quantity of the contents thereof indicated on the container as herein prescribed; provided, that the seller purchased said commodity in said container, in good faith relying upon the said indication of the net contents thereof, and sold said commodity in said container without altering the contents thereof or the indication of the contents thereof; and provided, further, that the exemption of this section shall not apply to any sale unless the container had the name of a packer, manufacturer, wholesaler, or jobber thereon at the time the seller purchased it. § 9. "Person" used in this act shall include every person, firm, com pany, copartnership, society, association and corporation. § 10. Container defined. The term "container" used in this act is hereby defined to be any receptable or carton into which a commodity is packed, or any wrappings with which any commodity is wrapped or put for sale, or to be offered or exposed for sale. No containers, boxes, or baskets wherein food products or other commodities are packed shall have a false bottom, or be so constructed as to facilitate the perpetra tion of deception or fraud. [Amendment approved May 3, 1919; Stats. 1919, p. 146.] This section was also amended in 1917. See Stats. 1917, p. 87. § 11. Penalty. Every person who, by himself or his agent, servant or employee violates or causes or permits to be violated, any of the provisions of this act shall be guilty of a misdemeanor and apon conviction shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. § 12. Not a violation of act. All acts and parts of acts inconsistent with or in conflict with any of the provisions of this act are hereby repealed. (a) It shall not be held to be a violation of the provisions of this act to sell or offer for sale any commodity contained in a container which complies with the provisions and requirements of any act of congress or the opinions and regulations as issued by the secretary of agriculture and appertaining to net weight or measure. (b) The enactment of the provisions of this act shall be under the supervision of the state superintendent of weights and measures. [Amendment approved June 7, 1915. Stats. 1915, p. 1265.] ACT 5420. TITLE 396. To declare Neuces Creek in Contra Costa County navigable. [Stats. 1858, p. 127.] Incorporated in Political Code, § 2349. Fees and mileage in criminal cases in. [Stats. 1875-76, p. 404.] Repealed by fee bill of 1895, p. 267, and County Government Acts. See 1897, p. 524, § 173, ante, Act 1864. ACT 5441. Lawful fences in. [Stats. 1863-64, p. 318.] This act extended the act of 1855 concerning lawful fences to Nevada County. ACT 5442. Regulating salaries of officers of. [Stats. 1877-78, p. 551.] Repealed by County Government Acts. See 1897, p. 524, § 173, ante, Act 1864. ACT 5443. To remedy defects in certain county records. [Stats. 1871-72, p. 377.] This act validated certain records in Nevada County which the presi dent of the board had omitted to sign. ACT 5444. Indexing certain records of. [Stats. 1873-74, p. 280.] ACT 5445. Public roads in. [Stats. 1871–72, p. 448.] Amended 1873–74, p. 293; 1875–76, p. 423; 1877–78, pp. 279, 364. Repealed by statute of 1883, p. 5, c. X, § 2. This act provided for the location, construction, and maintenance of public roads in Nevada County. ACT 5446. Nevada school district, board of education of, establishing and defining powers and duties of. [Stats. 1873-74, p. 614.] ACT 5447. Quarterly meetings of supervisors. [Stats. 1873-74, p. 239.] Repealed by County Government Acts. See 1897, p. 452, ante, Act 1864. ACT 5448. Authorizing supervisors to remove bodies of certain deceased persons. [Stats. 1877-78, p. 104.] An act granting certain tide-lands and submerged lands of the state of California to the city of Newport Beach, upon certain trusts and conditions. [Approved May 25, 1919. Stats. 1919, p. 1011.] ACT 5459. An act granting to the city of Newport Beach, a municipal corporation, the right and authority to construct and maintain sewer, water, gas, and other conduits upon public lands. [Approved May 25, 1919. Stats. 1919, p. 1012.] Name changed to Santa Rita. [Stats. 1873-74, p. 823.] |