which must be served, obeyed, and enforced as provided in the Code of Civil Procedure for civil cases; the commissioners to issue attachments, and impose the penalty for disobedience, and the witnesses may be punished as provided in the Penal

Code.

recover

SEC. 18. The bank commissioners may sue for and recover, Suits to in the name of the people, in any court of competent jurisdic- money. tion, all sums of money which become due, payable, or forfeited by any of the provisions of this act.

sioners to

SEC. 19. The commissioners shall, upon the expiration of Commistheir term of office, deliver to their successors, or if there be deliver none, then to the controller of state, all property, books, property. reports, and papers of every description pertaining to their office.

banks to

SEC. 20. Every person engaged for himself, or any person Private being the cashier, manager, or agent, of two or more persons, report. not incorporated, engaged in the business of banking, or publicly receiving money on deposit, must, three times in each year, or oftener, as may be required by the board of bank commissioners, make a report in writing to the commissioners, verified under oath, which report shall show the actual financial condition of the said business on any past day by the commissioners specified, and shall also state the facts required to be stated by incorporated banks or banking corporations in section eight of this act, so far as the same appertain to said business. Such reports shall be transmitted to the commissioners within fifteen days after the receipt from the commissioners of a request or requisition therefor. Every person Penalty for violating any of the provisions of this section is guilty of a misdemeanor, and is punishable by imprisonment in the county jail for not less than ninety days nor more than six months, or by fine of not less than one hundred dollars nor more than five hundred dollars, or by both such fine and imprisonment.

violation.

sion not to

word

SEC. 21. The use of the word "bank," or any other word or Instituterms denoting or implying the conduct of the business of bank- tions not ing, or the use of the word "savings," alone or in connection supervi with other words denoting or implying the conduct of the busi- use the ness of a savings institution, or a savings and loan society, "bank." is hereby prohibited to all persons, firms, associations, companies, or corporations other than those subject to the supervision of the bank commissioners or required by this act to report to them, and no license as in this act provided shall be issued by the commissioners to any corporation that does not receive money from the public as deposits in manner customary with commercial or savings banks. Any person, firm, association, company, or corporation not subject to the supervision of the bank commissioners or not required by this act to report to them, making use of terms implying conduct of a bank, savings bank, or savings and loan society by means of signs, advertisements, letter heads, bill heads, blank notes, blank receipts, certificates, circulars, or any written or printed or partly written and partly printed paper whatever, having

Penalty.

Legal

successors

commis

sion.

thereon any artificial or corporate name or other word or words indicating that such business is the business of a bank, savings bank, or savings and loan society, shall forfeit for each day the offense is continued the sum of one hundred dollars, to be recovered as provided in this act.

SEC. 22. The commission hereby established shall be the of previous legal successor of the bank commissioners created by the act creating a board of bank commissioners, approved March 30, 1878, and the acts amendatory thereto, and shall be entitled to have and receive all the books, records and other property acquired by and belonging to the said bank commissioners and shall be substituted for and continue in the stead and place of said bank commissioners all suits, actions and proceedings at law now pending wherein said bank commissioners are a party.

SEC. 23. All acts or parts of acts in conflict with this act are hereby repealed.

SEC. 24. This act shall take effect immediately.

Sheep inspector.

Appointment of deputies.

General

duties of inspector.

Duties and powers of deputies.

CHAPTER CCLXVII.

An act to create the office of sheep inspector for the State of California, to provide for the appointment, and to define the powers and duties of said officer and his deputies, and their compensation, and providing for the prosecution of offenses under the same and to suppress and prevent dissemination of scab among sheep.

. [Approved March 24, 1903.]

The people of the state of California, represented in senate and assembly, do enact as follows:

SECTION 1. The office of sheep inspector for the State of California is hereby created and the state veterinarian of the State of California is hereby made ex officio sheep inspector and shall perform the duties imposed by this act without additional salary or compensation from the State of California.

SEC. 2. The board of supervisors may, in their discretion, upon the written demand of a majority of sheep growers of their respective counties, appoint one or more deputy sheep inspectors. Such deputies shall be practical sheep men and subject to removal whenever the board may deem it necessary.

SEC. 3. It shall be the duty of the state sheep inspector to have general supervision over his deputies appointed under the provisions of this act and to aid, counsel, and advise with such deputies and generally to enforce the provisions of this act.

SEC. 4. The deputies appointed under the provisions of this act shall have power to administer oaths, and it shall be the duty of at least one deputy inspector in each county where the same may be appointed, as herein provided by the

state sheep inspector, to personally examine all sheep and bands of sheep in his county every spring between the first day of February and the first day of June and every fall between the first day of October and the first day of December for the first two years after the passage of this act, and thereafter between the first day of February and the first day of June of each year; and to the owners or persons in charge of herds found to be clean he shall issue a certificate stating such fact, which certificate shall permit such herds to pass into and through any and all counties in this state so long as they shall remain free and clean from disease, And such deputy also is required to examine any band or bands of sheep at any time he may be called upon to do so at the request of one or more sheep growers in writing, stating that such sheep are affected or infected with some infectious or contagious disease, and that there is imminent and immediate danger of the spreading of such disease; provided, that if, upon examination, such sheep are found to be clean the person or persons making such complaint shall pay the expenses and costs of such examination, which may be recovered in a civil action therefor; but in case such inspector, upon making such examination, finds said. sheep diseased, he shall forthwith issue his order quarantining said sheep; and further provided, that all bands of sheep of less than two hundred and fifty head shall not be subject to such inspections when known to be sound; but where complaint is made, then the deputy inspector must comply with and enforce the provisions of this act as in other cases hereinafter provided for.

permits.

SEC. 5. Any person, company, association, or corporation Traveling desiring to move his or their sheep which are not sound or are infected or affected by scab or any infectious or contagious disease shall obtain from a deputy inspector a traveling permit. Such permit shall only be granted for the purpose of moving said sheep to some place where they may be dipped for said disease, or on account of shortage of feed, and then by such route as the deputy sheep inspector may designate.

infected

owner.

SEC. 6. Whenever upon examination of any bands or herds Scab of sheep, kept or herded in any county of the State of Califor- sheep; nia the deputy sheep inspector of such county shall find such duty of sheep, or any portion of them affected or infected with the scab or scabies, or any other infectious or contagious disease, he shall forthwith notify the owner or person in charge of said sheep, in writing, to dip said sheep for said disease within a period of fifteen days from said notice; and also during said period to keep such sheep from contact with other sheep by such means as he may specify; and if, upon examination at the end of fifteen days from such notice, said deputy sheep inspector shall find that said sheep have not been dipped for said disease, or have not been kept from contact with other sheep that are sound, the owner or owners, or person or persons controlling said sheep, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars or more than two

Ewes with lambs.

Quarantine.

Hand

dressing.

hundred and fifty dollars; and in case said sheep have not been dipped for said disease within said fifteen days, such deputy sheep inspector shall immediately take possession of said sheep and dip them for said disease, and all expenses incurred in so doing, including a compensation of four dollars for every day, or part of a day, in which said deputy sheep inspector may be engaged in dipping said sheep, shall become and is hereby made a lien upon said sheep; and such deputy sheep inspector shall hold such sheep for the period of ten days, and if the same is not paid within such time he may collect the same, together with the costs and expenses of collection, by advertising and selling said sheep, or as many thereof as may be necessary, in the manner prescribed by law for the sale of personal property on execution. If, however, upon examination at the end of fifteen days from the notice required to be given under this section such deputy sheep inspector shall find that said sheep have been dipped for said disease, but are still infected with the same, then he shall instruct the owner or controller of said sheep to dip one or more times, as circumstances demand, and as soon as possible, but with an interval between the dippings of not less than nine or more than twelve days; and if upon examination at the end of thirty days further, such deputy sheep inspector finds that said sheep have been dipped for said disease, but are still infected, then he shall at once take possession of said sheep and dip them as above specified. If, however, upon examination he finds that said sheep have not been dipped he shall seize said sheep and dip them as above specified, and the owner or owners, or controller, by reason of his failure to dip such sheep as required, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars; provided, however, that no person, persons, company, or corporation shall be required to dip his or their bands of sheep between the first day of December and such time as he or they can shear such sheep in the following spring.

SEC. 7. No person, persons, company, or corporation shall be required to dip a band or bands of ewes or any part of them which are ewes with lambs, at any time between the fifteenth of December and the fifteenth of May following of any year; but they must be held in quarantine and kept separate from sound sheep, and the owner, owners, or controller shall be responsible for all damages as stated in sections seven and eight of this act, to be enforced and recovered as therein provided for. It shall also be the duty of such deputy sheep inspector to require the owner, owners, or controller of sheep, while held in quarantine during the above exemption, to spot or hand dress all sheep in their band or bands that show any scab or other contagious disease, with some reliable medicine; and such deputy sheep inspector shall have power to enforce hand dressing or spotting during the exemption referred to in this section, the same as he has power to enforce dipping at any other period of the year, as provided by this act.

SEC. 8. The deputy sheep inspector appointed in the several Per diem of counties as provided in this act shall receive four dollars per deputies. day for every day or part of a day spent in the performance of his duty, to be paid by the owner or owners of the sheep examined, and to be enforced as a lien against the sheep so examined, as provided in section six of this act.

under this

SEC. 9. In any action or proceeding, civil or criminal, aris- Actions ing under this act, any and all persons having an interest in act. the sheep or controlling the same, and concerning which such action or proceeding is had, shall be deemed the owners of said sheep, and shall be liable severally and jointly for such violation of this act. Any herder or shepherd, or other person in charge of sheep, who shall willfully refuse to give a deputy sheep inspector after showing a star any and all information as to the condition of sheep in his charge, requested by such deputy, shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. In criminal actions against corporations under this act no arrest shall be necessary, but a summons containing notice of the time and place of trial, together with a copy of the complaint filed before a justice of the peace, or in the court in which the action is commenced, shall be served in the same manner and for the same length of time as in civil actions.

brands to

SEC. 10. It shall be the duty of each deputy sheep inspector Marks and appointed under this act to keep a book in which he shall be reported record as complete a description as practicable of the marks to deputy. and brands with which each person in his county marks or brands his sheep, and the owners of sheep shall report in writing to such deputy sheep inspector their marks and brands, for the purpose of aiding such deputy sheep inspector to make up and keep such records; said deputy sheep inspectors are also required to keep a book in which they shall record the names. of all persons prosecuted for violations of this act, together with a description of the particular offense charged against him, the name of the court in which said prosecution was had, and the result of such prosecution, giving the amount of fines where fines are imposed. And on the first day of January of Report to each year, each deputy sheep inspector appointed under the inspector. provisions of this act shall make a report to the state sheep inspector, which report shall contain a true and correct copy of his record as contained in the books required by him to be kept under the provisions of this act, which report shall be placed on file in the office of the state sheep inspector.

tation com

liabilities.

SEC. 11. It shall be unlawful for any person, persons, com- Transporpany, corporation or association, owning, controlling, or man- panies; aging any ferryboat, toll bridge, car, steamboat, wagon, vehicle, duties and or other things used for transportation, to allow any sheep to be carried thereon unless the party in charge of said sheep shall first produce a certificate from a deputy sheep inspector appointed under this act, that said sheep are free from scab, scabies, and other infectious or contagious disease. Any violation of this section shall be deemed a misdemeanor and