gas is used, who shall turn off, or cause to be turned off at the meter the flow of such illuminating gas, during the time of the use of any such room or rooms, shall be guilty of a misdemeanor; provided, however, that this act shall not apply to any of the persons herein enumerated, when such person or persons shall have connected every exit orifice upon the gas fixtures used in such place or places with a practical and safe automatic gas igniter. Sec. 2. This act shall take effect and be in force immediately from and after its passage. TITLE 212. HOURS OF LABOR. Of minors, see title Infancy, post. ACT 1533. 651. To limit the hours of labor. [Stats. 1867-8, 63.] Superseded by Political Code, secs. 3244, 3245, and Penal Code, sec. АСТ 1534. Limiting the hours of daily services of laborers, workmen, and mechanics employed upon the public works of or work done for the state of California, or any political subdivision thereof, providing for the insertion of certain stipulations in contracts for public works, imposing penalties for violations of the provisions of this act, and providing for the enforcement thereof. [Stats. 1899, 149.] Cal. Rep. Cit. 142, 104. Superseded by the following act: ACT 1535. An act limiting the hours of daily service of laborers, workmen, and mechanics employed upon the public works of, or work done for, the state of California, or any political subdivision thereof; providing for the insertion of certain stipulations in contracts for public works; imposing penalties for violations of the provisions of this act, and providing for enforcement thereof. [Approved March 23, 1901. Stats. 1901, 561.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The time of service of all laborers, workmen, and mechanics employed upon any public works of, or work done for, the state of California, or for any political subdivision thereof, whether said work is done by contract or otherwise, is hereby limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the state, or of any political subdivision thereof. or for any person, corporation, or association acting in behalf thereof, whose duty it shall be to employ, or to direct and control the services of such said laborers, workmen, or mechanics upon any of the above said public works, or who have, in fact, the employment, or the direction and control of the services of such said laborers, workmen, or mechanics upon any of said works, to require or permit them, or any of them, to labor thereupon more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life, property, or except to work upon public, military, or naval works or defenses in time of war. Sec. 2. In every case in which a contract is made for or on behalf of the state of California, or for or on behalf of any political subdivision thereof, which involves the employment of laborers, workmen, or mechanics to do work to be done upon the public works of, or work to be done for the said state, or for the said political subdivision thereof, under the terms of said contract, the officer, board, commission, or other agent or agency of the said state, or of the said political subdivision, acting for or on be half of said state, or of said political subdivision, as the case may be, in making and awarding the said contract, shall cause to be inserted therein, and to be agreed to by every person, firm, or corporation to whom said contract or any interest therein is awarded, as a condition upon which such award is made and accepted, a stipulation, namely: That no laborer, workman, or mechanic employed at any time by the said contractor or contractors, or by any subcontractor or subcontractors under him or under them, upon the work, or upon any part of the work contemplated by the said contract, shall be required or permitted to work thereupon more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property. or except to work upon public, military, or naval works or defenses in time of war; that the said contractor or contractors thereby agrees or agree to forfeit, out of any moneys becoming due to him or to them from the state, or from the political subdivision thereof, as the case may be, under the terms of the said contract, the sum of ten dollars for each laborer, workman, or mechanic, for each and every calendar day upon which he shall labor more than eight hours in violation of the terms of the said stipulation, and that the state, or the political subdivision thereof, as the case may be, is thereby authorized and directed to, through its proper representatives, withhold from the said contractor, or from the said contractors, as the property of the state, or of the political subdivision thereof, as the case may be, all sums forfeited as described under the terms of the said stipulation. It shall be the duty of the officer, board, commission, or other agent or agency of the said state, or of the said political subdivision thereof, as the case may be, acting for or on behalf of said state, or of said political subdivision, in making and awarding any contract such as is described in this section, to take cognizance of all violation of the herein provided for stipulation in said contract, and to report the same to the officer, or other person, representing the said state, or political subdivision thereof, whose duty it shall be to pay the moneys due under such contract, and it shall be the duty of such officer, or other person, when making payment of moneys thus due, to withhold and retain, in accordance with the provisions of this section, all sums which may have been forfeited under the provisions of the herein provided for stipulation. Nothing in this act shall be construed to authorize the collection of a forfeiture as described herein, from the state, or from any political subdivision thereof. Any contract such as described in this section, made for or on behalf of the state of California, or for or on behalf of any political subdivision thereof, which does not contain the stipulation herein described, shall be null and void, and no recovery shall be had thereupon. Sec. 3. Any officer of the state of California, or any political subdivision thereof, or any person acting for or on behalf thereof, who shall violate the provisions of this act, shall be deemed guilty of a misdemeanor, and be subject to a fine or imprisonment, or both, at the discretion of the court, the fine not to exceed five hundred dollars, nor the imprisonment one year, Sec. 4. All acts and parts of acts inconsistent with this act, in so far as they are inconsistent, are hereby repealed. Sec. 5. This act shall take effect and be in force from and after its passage. This act was probably superseded in part, if not entirely, by the following act: АСТ 1536. An act limiting the hours of service of laborers, workmen, and mechanics employed upon the public works of, or work done for, the state of California, or of, or for any political subdivision thereof; imposing penalties for violation of the provisions of said act, and providing for the enforcement thereof. [Approved March 10, 1903. Stats. 1903, p. 119.] Codified by amendment of Penal Code, 1905. See note to § 653c, Penal Code. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The time of service of any laborer, workman, or mechanic employed upon any of the public works of the state of California, or of any political subdivision thereof, or upon work done for said state, or any political subdivision thereof, is hereby limited and restricted to eignt hours during any one calendar day; and it shall be unlawful for any officer or agent of said state, or of any political subdivision thereof, or for any contractor or subcontractor doing work under contract upon any public works aforesaid, who employs, or who directs or controls, the work of any laborer, workman, or mechanic, employed as herein aforesaid, to require or permit such laborer, workman, or mechanic, to labor more than eight hours during any one calendar day, except in cases of extraordinary emergency, caused by fire, flood, or danger to life or property, or except to work upon public military or naval defenses or works in time of war. Sec. 2. Any officer or agent of the state of California, or of any political subdivision thereof, making or awarding, as such officer or agent, any contract, the execution of which involves or may involve the employment of any laborer, workman, or mechanie upon any of the public works, or upon any work, hereinbefore mentioned, shall cause to be inserted therein a stipulation which shall pro than vide that the contractor to whom said contract is awarded shall forfeit, as a penalty, to the state or political sub division in whose behalf the contract is made and awarded, ten (10) dollars for each laborer, workman, or mechanic employed, in the execution of said contract, by him, or by any subcontractor under him, upon any of the public works, or upon any work, hereinbefore mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more eight hours in violation of the provisions of this act; and it shall be the duty of such officer or agent to take cognizance of all violations of the provisions of said act committed in the course of the execution of said contract, and to report the same to the representative of the state or political subdivision, party to the contract, authorized to pay to said contractor moneys becoming due to him under the said contract, and said representative, when making payments of moneys thus due, shall withhold and retain therefrom all sums and amounts which shall have been forfeited pursuant to the herein said stipulation. Sec. 3. Any officer, agent, or representative of the state of California, or of any political subdivision thereof, who shall violate any of the provisions of this act, shall be deemed guilty of misdemeanor, and shall upon conviction be punished by fine not exceeding five hundred (500) dollars, or by imprisonment, not exceeding six (6) months, or by both such fine and imprisonment, in the discretion of the court. Sec. 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Sec. 5. This act shall take effect and be in force from and after the date of its passage. АСТ 1540. TITLE 213. HOUSE OF CORRECTION. To provide for commitments to the house of correction. [Stats. 1885, p. 34.] Superseded 1889, 111, chap. CVIII; 1889, 100, chap. CII. Cal. Rep. Cit. 87, 83. Gen. Laws-31 |