than any name, word or expression generally denoting any goods to be of some particular class or description. SEC. 2. This act shall take effect immediately. CHAPTER LXXIII. An act to amend section 1536 of the Penal Code, relating to the disposition of property taken on a search warrant. [Approved March 3, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section fifteen hundred and thirty-six of the Penal Code is amended so as to read as follows: tion of search 1536. When the property is delivered to the magistrate, Disposi he must, if it was stolen or embezzled, or if it was taken on a property warrant issued on the grounds stated in the fourth subdivision taken on a of section fifteen hundred and twenty-four of this code, dispose warrant. of it as provided in sections fourteen hundred and eight and fourteen hundred and thirteen, inclusive. If it was taken on a warrant issued on the grounds stated in the second and third subdivisions of section fifteen hundred and twenty-four, he must retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense in respect to which the property taken is triable. SEC. 2. This act shall take effect immediately. CHAPTER LXXIV. An act to amend sections twenty-two hundred and ninety-three, twenty-two hundred and ninety-five, and twenty-two hundred and ninety-eight of the Political Code, relating to the state library. [Approved March 3, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: powers and SECTION 1. Section twenty-two hundred and ninety-three of the Political Code is hereby amended to read as follows: 2293. The powers and duties of the board are as follows: General 1. To make rules and regulations, not inconsistent with law, duties of for its government and for the government of the library; 2. To appoint a librarian, who must designate one of his trustees. deputies as chief deputy; state library General duties of state librarian, Distribute state publications. must with warrants 3. Whenever necessary, to authorize the librarian to appoint an additional deputy and other assistants; 4. To sell or exchange duplicate copies of books; 5. To keep in order and repair the books and property in the library; 6. To draw from the state treasury, at any time, all moneys therein belonging to the library fund; 7. To prescribe rules and regulations permitting persons other than those named in section twenty-two hundred and ninety-six, to have the use of books from the library; 8. To collect and preserve statistics and other information pertaining to libraries, which shall be available to other public libraries within the state applying for the same; 9. To make to the governor, biennially, a report of its transactions. SEC. 2. Section twenty-two hundred and ninety-five of said code is hereby amended to read as follows: 2295. It is the duty of the librarian: 1. To be in attendance at the library during office hours. 3. To purchase books, maps, engravings, paintings and furni- 4. To number and stamp all books and maps belonging to the library, and to keep a catalogue thereof. 5. To have bound all books and papers that require binding. 7. To keep a register of all books taken from the library. SEC. 3. Section twenty-two hundred and ninety-eight of said. 2298. The controller, when notified by the state librarian that any officer or employé of the state for whom he Controller draws a warrant for salary has failed to return any book taken hold salary by him (or for which he has given an order) within the time prescribed by the rules, or the time within which it was agreed to be returned, and which notice shall give the value thereof, must, after first informing said officer or employé of such notice, upon failure by him to return the said book, deduct from the warrant for the salary of said officer or employé, twice the for failure to return books. value of such book, and place the amount so deducted in the state library fund. In case of the neglect or refusal on the part of any officer or employé of the state to return a book for which he has given an order or a receipt or has in his possession, the state librarian is authorized to purchase for the library a duplicate of said book, and to notify the controller of such purchase, together with the cost of the same. Upon the receipt of such notice from the librarian, the controller must deduct twice the cost of said duplicate book from the warrant for the salary of said officer or employé, and place the amount so deducted in the state library fund. The state librarian is Librarian empowered to bring suit in his official capacity for the recovery recovery of any book or books, or for three times the value thereof, of books. together with costs of suit, against any person having the same in his possession or being responsible therefor. In case the librarian has purchased a duplicate of any book as provided in this chapter, he is authorized to bring suit as aforesaid for three times the amount so expended for said duplicate, together with costs of suit. may sue for CHAPTER LXXV. An act to amend an act entitled an act to protect the owners of bottles, boxes, siphons, and kegs used in the sale of soda waters, mineral and aërated waters, porter, ale, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, beer, white beer, or other beverages (approved March 31, 1891) by adding thereto a new section after section 4 thereof relating to deposits, to be numbered as section 5 of said act, by renumbering section 5 of said act as section 6 thereof, and amending the same relating to assignments, and by renumbering section 6 of said act as section 7 thereof. [Approved March 5, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. A new section is added to the above entitled act immediately after section 4 thereof, to be numbered section 5 thereof, and to read as follows: not to be Section 5. The requiring, taking or accepting of any deposit Deposit for any purpose, upon any bottle, box, siphon, or keg shall not deemed a be deemed or constitute a sale of such property, either optional sale. or otherwise, in any proceeding under this act. SEC. 2. Section 5 of said act is hereby renumbered section 6 thereof, and is amended to read as follows: marks filed not Section 6. Any person or persons, corporation or corpora- Refiling of tions, that has or have heretofore filed in the offices mentioned heretofore in section 1 of this act, a description of the name or names, required. marks, or devices, upon his, her, their, or its property therein mentioned, and has caused the same to be published according to the laws existing at the time of such filing and publication Sale of right to use marks. Acts repealed, shall not be required to again file and publish such description to be entitled to the benefits of this act; and any person or persons, corporation or corporations, having complied with the provisions of this act may as a part of the sale, assignment or transfer of all his, her, their or its said bottles, boxes, siphons, or kegs, used as aforesaid, with his, her, their or its name or names or other marks or devices, branded, stamped, engraved, etched, and blown, impressed or otherwise produced upon such bottles, boxes, siphons and kegs, to any other person or persons, corporation or corporations, engaged in manufacturing, bottling, or selling soda waters, mineral or aërated waters, porter, ale, beer, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer or other beverages, sell, assign, and transfer the sole and exclusive right of using said name or names, marks and devices in said business. And in the event of such sale, transfer or assignment as aforesaid, or in the event of the transfer by operation of law or by sale under order of any court of the entire business of such person or persons, corporation or corporations, or of the entire stock of bottles, boxes, siphons or kegs belonging to them, him, her or it, to any person or persons, corporation or corporations, engaged in manufacturing, bottling or selling soda waters, mineral or aërated waters, porter, ale, beer, cider, ginger ale, milk cream, small beer, lager beer, weiss beer, white beer or other beverages, such person or persons, corporation or corporations, shall not be again required to file and publish a description of said name or names, marks or devices, hereunder, but shall be entitled to all the benefits of this act immediately upon acquiring such bottles, boxes, siphons or kegs or such business as aforesaid. SEC. 3. Section 6 of said act is renumbered section 7 thereof, and as renumbered shall read as follows: Section 7. All acts and parts of acts, inconsistent herewith are for the purpose of this act hereby repealed. SEC. 4. This act shall take effect and be in force from and after its passage. CHAPTER LXXVI. An act to amend an act entitled "An act to establish a Code of Civil Procedure," approved March 11, 1872, by amending section 1183 thereof, relating to liens of mechanics and others upon real property. [Approved March 5, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section eleven hundred and eighty-three of an act entitled, "An act to establish a Code of Civil Procedure," approved March eleventh, eighteen hundred and seventy-two, is hereby amended so as to read as follows: liens. 1183. Mechanics, materialmen, contractors, subcontract- Mechanics' ors, artisans, architects, machinists, builders, miners, and all persons and laborers of every class performing labor upon or furnishing materials to be used in the construction, alteration, addition to, or repair, either in whole or in part, of any building, wharf, bridge, ditch, flume, aqueduct, well, tunnel, fence, machinery, railroad, wagon road or other structure, shall have a lien upon the property upon which they have bestowed labor or furnished materials, for the value of such labor done and materials furnished, whether at the instance of the owner, or of any other person acting by his authority or under him, as contractor or otherwise; and any person who performs labor in any mining claim or claims, or in or upon any real property worked as a mine, either in the development thereof or in working thereon by the subtractive process, has a lien upon the same, and the works owned and used by the owners for reducing the ores from such mining claim or claims, or real property so worked as a mine, for the work or labor done or materials furnished by each respectively, whether done or furnished at the instance of the owner of such mining claim or claims or real property worked as a mine or of the building, or other improvement, or his agent; and every contractor, subcontractor, architect, builder, or other person having charge of any mining, or work and labor performed in and about such mining claim or claims, or real property worked as a mine, or the construction, alteration, addition to, or repair, either in whole or in part of any building or other improvement as aforesaid, or of such mining claim or claims, either as lessee or under a working bond or contract thereon, with the privilege of purchase, or otherwise, shall be held to be the agent of the owner for the purposes of this chapter. In case of a contract for the work between the reputed owner and his contractor, the lien shall extend to the entire contract price, and such contract shall operate as a lien in favor of all persons, except the contractor, to the extent of the whole contract price, and after all such liens are satisfied, then as a lien for any balance of the contract price in favor of the contractor. All such contracts Contracts shall be in writing when the amount agreed to be paid there- shall be in writing, under exceeds one thousand dollars, and shall be subscribed and filed. by the parties thereto; and the said contract, or a memorandum thereof, setting forth the names of all the parties to the contract, a description of the property to be affected thereby, together with a statement of the general character of the work to be done, the total amount to be paid thereunder, and the amounts of all partial payments, together with the times when such payments shall be due and payable, shall, before the work is commenced, be filed in the office of the county recorder of the county, or city and county, where the property is situated, who shall receive one dollar for such filing; otherwise, they shall be wholly void, and no recovery shall be had thereon by either party thereto; and in such case, the labor done and materials furnished by all persons aforesaid, except the contractor, shall be deemed to have been done and fur |