described in the rules and regulations precribed by said state veterinarian not inconsistent with the provisions of this act; provided, however, that in making such rules and regulations said state veterinarian shall be guided by the regulations governing meat inspection of the United States department of agriculture. § 7. Violation. It shall be unlawful for any person, firm or corpora. tion except the inspector as herein provided, to have in possession, keep or use any mark, stamp or brand provided or used for marking, stamping or branding any article herein required to be marked, stamped or branded. It shall be unlawful for any person, firm or corporation to have in possession, keep, make or use any mark, stamp or brand having thereon a device or words similar in character or import to the marks, stamps or brands provided or used for marking, stamping or branding such articles, and any violation hereof shall be deemed a misdemeanor. ACT 2665. An act to define commercial feeding stuffs and to establish a standard therefor, providing for the branding and labeling of same, empowering the state board of health to enforce the provisions of the act and providing penalties for the violation of same. [Approved May 16, 1919. Stats. 1919, p. 551. In effect November 1, 1919.] § 1. "Commercial feeding stuffs" defined. Exceptions. 7. § 8. § 9. Mislabeled. Prosecution for violation of act. Penalties. One-half of fines to be paid to state treasurer. Guar anty of wholesaler. State standard higher than national. Enforcement. § 10. In effect when. § 11. Repeal of conflicting acts. § 1. "Commercial feeding stuffs" defined. Exceptions. The term "commercial feeding stuffs" shall be held to include all feeding stuffs used for feeding livestock and poultry, except the following: (a) Whole seeds or grains. (b) The unmixed meals made directly from the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kaffir, milo and light rice; provided, that light rice shall be labeled "light rice" when ground. (c) Whole hays, straws, cottonseed hulls and corn stover, when unmixed with other materials. (d) All other materials containing sixty per centum or more of water. § 2. Standards. The standards for commercial feeding stuffs shall be the latest revision of the definitions of feeding stuffs adopted by the association of feed control officials of the United States. § 3. Label for parcels. Contents of label. Every lot or parcel of commercial feeding stuffs sold, offered or exposed for sale or distributed within this state shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in the English language, clearly and truly certifying: (a) The net weight of the contents of the package, lot or parcel; (b) The name, brand or trademark; (e) The name and principal address of the manufacturer or person responsible for placing the commodity on the market; (d) The minimum per centum of crude protein; (e) The minimum per centum of crude fat; (h) The specific name of each ingredient used in its manufacture. The crude protein, crude fat, crude fiber and ash shall be determined by the methods in force at the time by the association of official agricultural chemists of North America. § 4. Inspection by state board of health. The state board of health and its agents and inspectors shall have free access to all places of business, mills, buildings, carriages, cars, vessels and parcels of whatsoever kind used in the manufacture, transportation, importation, sale or storage of any commercial feeding stuffs, and shall have the power and authority to open any parcel containing or supposed to contain any commercial feeding stuffs, and upon tender and full payment of the selling price of said sample, to take therefrom samples for analysis. The methods of analysis shall be those in force at the time by the association of official agricultural chemists of North America. § 5. Adulterated. Commercial feeding stuffs shall be deemed adulterated if they do not conform to the analysis declared on the label or tag. § 6. Mislabeled. Commercial feeding stuffs shall be deemed mislabeled if they are not labeled or tagged in accordance with the provisions of section three of this act. § 7. Prosecution for violation of act. If it appears that any of the provisions of this act has been violated, the state board of health shall certify the facts to the proper prosecuting attorney and furnish that officer with a copy of the result of the analysis or other examination of such feeding stuffs duly authenticated by the analyst or other officer making the determination, under the oath of such officer; provided, that it shall appear from any such examination that any of the provisions of this act has been violated the state board of health shall cause notice to be given to the manufacturer or dealer from whom said sample was taken; any party so notified shall be given an opportunity to be heard in his defense under such rules and regulations as may be prescribed by the state board of health before the facts shall be certified to the proper prosecuting attorney. In all prosecutions arising under the provisions of this act, certificates of the analyst or other officer making the examination or analysis, when duly sworn to by such officer, shall be prima facie evidence of the fact or facts therein certified. § 8. Penalties. One-half of fines to be paid to state treasurer. Guaranty of wholesaler. State standard higher than national. Any manu facturer, importer, jobber, firm, association, corporation or person who shall sell, offer or expose for sale, or distribute in this state, any commercial feeding stuffs without having attached thereto or furnished therewith such labels or tags as required by the provisions of this act, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said state board of health or its authorized agent in the performance of its duty in connection with the provisions of this act, or who shall sell, offer or expose for sale or distribute in this state any commercial feeding stuffs as defined in section one, without complying with the requirements of the provisions of this act, or who shall sell, offer or expose for sale or distribute in this state any commercial feeding stuffs which contains a smaller per centum of crude protein or crude fat or a larger per centum of crude fiber or ash than is certified to be contained therein, or who shall fail to properly state the specific name of each and every ingredient used in its manufacture or who shall fail to properly state the per centum of such ingredients as corn cobs, corn bran, oat hulls, barley hulls, rice hulls, ground light rice, alfalfa meal or similar materials, when such constitute a portion of the package, lot or parcel, or the per centum of grit or mineral matter in poultry feeds shall be deemed guilty of a violation of the provisions of this act and upon conviction thereof shall be fined not more than one hundred dollars for the first violation and not less than one hundred dollars for each subsequent violation. Any manufacturer, jobber, importer, firm, association, corporation or person who shall mix or adul terate any feeding stuffs with any substance or substances injurious to the health of livestock or poultry shall be deemed guilty of a violation of the provisions of this act, and in addition to the penalty provided in this section, the lot of feeding stuffs shall be subject to seizure, condemnation and sale as the court may direct. The court may in its discretion release the feeding stuffs so seized when the requirements of the provisions of this act have been complied with, and upon payment of all costs and expenses incurred by the state in any proceedings connected with such seizure. One-half of fine to be paid to state treasurer. One-half of all fines, and the proceeds from condemned foodstuffs collected by any court or Judge for the violations of the provisions of this act shall be paid to the state treasurer, and the state treasurer shall deposit such money to the credit of the fund for the maintenance of the state laboratory, to be drawn against by warrants of the state controller upon claims which shall be approved by the state board of health and the state board of control. Guaranty of wholesaler. No dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the whoesaler, jobber, manufacturer or other party, residing in the United States, from whom he purchased such commercial feeding stuffs to the effect that the same are not adulterated, mislabeled or misbranded within the meaning of this act, and can also establish by satisfactory evidence that the commercial feeding stuffs sold, offered or exposed for sale or distributed in this state were mislabeled or did not conform to the analysis declared on the label or tag affixed thereto, and that at the time of selling, offering or exposing for sale or distributing in this state such commercial feeding stuffs the dealer was not aware of that fact; such guaranty may be either general or special. A general guaranty shall guarantee without condition or restriction all of the commercial feeding stuffs purchased, prepared, compounded, packed, distributed or sold by the guarantor as not mislabeled or adulterated within the meaning of this act. A special guaranty shall guarantee in the same manner the particular commercial feeding stuffs listed in an invoice of the same and shall be attached to or shall fully identify such invoice. Both said guaranties to afford protection must contain the name and address of the party or parties making the sales of such commercial feeding stuffs to said dealer. If the guaranty be to the effect that such commercial feeding stuffs are not adulterated, mislabeled or misbranded within the meaning of the national pure food act, approved June 30, 1906, it shall be sufficient for the purposes of this act and have the same force and effect as though it referred to this act, State standard higher than national. except that a guaranty referring to the said national pure food act alone shall not be sufficient for the purposes of this act in any case where at any time the standard for the commercial feeding stuffs concerned under this act is higher than the standard for like commercial feeding stuffs under said national pure food act. Notice by district attorney to attorney general where nonresident violates statute. In case the wholesaler, jobber, manufacturer or other party making such guaranty to said dealer resides without this state and it appears from the certificate of the director of the state laboratory that such commercial feeding stuffs were adulterated, mislabeled or misbranded, within the meaning of this act or the national pure food act approved June 30, 1906, the district attorney must forthwith notify the attorney general of the United States of such violation. § 9. Enforcement. The state board of health is hereby empowered to enforce the provisions of this act and to prescribe the form of tags, or labels to be used, and to prescribe and enforce such rules and regulations relating to the sale of commercial feeding stuffs as it may deem necessary to carry into effect the full intent and meaning of this act. § 10. In effect when. This act shall take effect on the first day of November, 1919. § 11. Repeal of conflicting acts. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. ACT 2675. TITLE 206. Concerning forcible entries and unlawful detainers. [Stats. 1863, p. 652.] Amended 1871-72, p. 318. Effect of code on: See Norblett v. Farwell, 38 Cal. 155; Hemstreet v. Wassum, 49 Cal. 273. TITLE 207. ACT 2685. An act to create a fund to be known as the United States forest reserve fund and to provide for the payment out of such fund to the treas uries of the several counties entitled thereto of certain moneys received from the government of the United States, and also to regulate the manner of expenditure by the counties of the moneys so paid. [Approved March 18, 1907. Stats. 1907, p. 346.] § 1. Creation of United States forest reserve fund. All moneys which have been received, and all moneys which may hereafter be received by the state of California from the government of the United States in pursuance of any and all acts of Congress providing for the distribution and payment to states and territories of a fixed and definite percentage of the moneys received by the government of the United States from the forest reserves established therein, shall be credited to a fund to be known as the United States forest reserve fund, which fund is hereby specifically created, and such moneys shall be disposed of, in accordance with the terms of such act of Congress, by the payment of the same to the counties in which such forest reserves are situated. The payment made to each county from the receipts of any given forest reserve shall be in the proportion which the area of such forest reserve situated in such county bears to the total area of such reserve. [Amendment of March 20, 1909. Stats. 1909, p. 550.] § 2. Controller to keep record of receipts. The controller of state shall keep a record of the receipts from the government of the United States on account of each forest reserve in this state. On or before the thirtieth day of June of each year the controller shall draw his warrant in favor of the treasurer of each and every county entitled to payment hereunder for whatever sum of money may be due to such county according to the terms of this act. The state treasurer shall pay the warrants so drawn. § 3. Duty of supervisors and county surveyors. It shall be the duty of the board of supervisors of each county, upon application of the state controller, to instruct the county surveyor to furnish the controller, without expense to the state, a statistical statement showing the area of each United States forest reserve located within that county, and the data thus secured shall be made the basis of the computation of the amount of money due that county under the provisions of this act. [Amendment of March 20, 1909. Stats. 1909, P. 550.] § 4. County auditor to apportion money. It shall be the duty of the county auditor of any county receiving a payment of money |