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dedication or other matters thereon or required to be thereon by any law in force at the time of such recording or filing.

Former act: See Stats. 1917, p. 1653.

ACT 4576.

An act to provide for the exclusion of any portion of the lands embraced within a subdivision or tract of land and for the alteration or vacation of recorded maps or plats thereof. [Approved May 7, 1919. Stats. 1919, p. 329. In effect July 22, 1919.]

Repealed 1921; Stats. 1921, p. 548. See next act.

АСТ 4577.

An act to provide for the exclusion of any portion of the lands embraced within a subdivision or tract of land and for the alteration or vacation of recorded maps or plats thereof and repealing an act entitled "An act to provide for the exclusion of any portion of the lands embraced within a subdivision or tract of land and for the alteration or vacation of recorded maps or plats thereof," approved May 7, 1919.

[Approved May 23, 1921. Stats. 1921, p. 548. In effect July 29, 1921.] § 1. Exclusion of land from subdivision.

§ 2. Application. Petition.

§ 3.

Notice of filing.

§ 4.

Hearing.

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§ 1. Exclusion of land from subdivision. Upon the application of the owners of at least two-thirds of the area of the land included within the boundaries of any tract or subdivision of land described in a recorded map or plat, or of that portion thereof sought to be excluded, where application is made to vacate a portion of any subdivision or tract, the superior court of the county or city and county wherein such land is situated, may cause all or any portion of such land to be excluded from the subdivision or tract and the recorded map or plat thereof to be altered or vacated as hereinafter provided,

§ 2. Application. Petition. The application provided for in section one hereof shall be made by filing in the office of the county clerk of the county or city and county in which the tract or subdivision, or that portion of the land sought to be excluded, is situated, a petition signed and verified by the owners of at least two-thirds of the total area of the land included within the boundaries of the tract or subdivision, or of that portion thereof sought to be excluded, where application is made to vacate a portion of such subdivision or tract, as shown on the recorded map or plat, praying that all or such portions of the land included within such subdivision or tract as are described shall be excluded therefrom. Such petition shall also show the reasons therefor. The land sought to be excluded shall be accurately and distinctly described by reference to the recorded map or plat or by an accurate survey. The petition shall further show the names and addresses of all other owners of the land

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§8. Stats. 1919, state of California

in the subdivision or tract, or of that portion thereof sought to be excluded, where application is made to vacate a portion of such subdivision or tract, so far as the same are known to the petitioners.

§ 3. Notice of filing. Upon the filing of a petition as hereinbefore provided, any judge of the superior court of the county or city and county wherein such land is situated, shall make an order directing the clerk of such court to give notice of the filing of such petition. Said notice shall be for not less than thirty, nor more than fifty, days as shall be by such judge directed, by publication in some newspaper of general circulation within the county, or city and county, or if there is no newspaper published therein, by posting in three of the principal places in the county or city and county. Such notice shall contain a statement of the nature of the petition together with a direction that any person may file his objection to the petition, in writing, at any time before the expiration of the time of posting or publication.

§ 4. Hearing. When the time of posting or publication has expired there shall be filed with the clerk of the superior court an affidavit showing the posting or publication, whereupon the court may, if no objection has been filed, proceed without further notice to hear the application. If upon such hearing the petitioners shall produce to said court satisfactory evidence of the necessity of the exclusion of said lands, and that the owners of two-thirds of the area of the land included within such tract or subdivision, or of that portion thereof sought to be excluded, where application is made to vacate a portion of such subdivision or tract, are such petitioners, and that there is no reasonable objection to making such exclusion, the court may proceed to exclude the lands sought to be excluded by the petition, and alter or vacate any recorded map or plat thereof, and enter its decree accordingly.

§ 5. Objection. If objection is made to the petition which, in the judgment of the court is material, the court shall proceed to hear such objection and may adjourn the proceedings to such time as may be necessary upon proper notice to the petitioners.

§ 6. Public highway not affected. Filing decree. The exclusion of any territory herein provided for or the alteration or vacation of any recorded map or plat, shall not affect or vacate the whole or any part of any public highway. The exclusion of any land herein provided for or the alteration or vacation of any recorded map or plat, shall be complete with the filing in the office of the county recorder of the county or city and county in which such land is situated, of a copy of the decree of the superior court. The county recorder shall make upon the face of any such recorded map or plat a memorandum stating briefly that such recorded plat has been altered or vacated, whichever the case may be, and giving the date and reference of such decree.

§7. New map. In case any land has been excluded and any map or plat altered pursuant to the provisions of this act, a new map or plat shall be filed with the county recorder in the manner provided by law showing the boundaries of such subdivision or tract as same appears after the exclusion and alteration.

§ 8. Stats. 1919, p. 329, repealed. An act of the legislature of the state of California entitled "An act to provide for the exclusion of any

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portion of the lands embraced within a subdivision or tract of land and for the alteration or vacation of recorded maps or plats thereof," approved May 7, 1919, is hereby repealed.

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ACT 4587.

TITLE 340.
MARIN COUNTY.

Declaring certain creeks in Marin County navigable. [Stats. 1861, p. 469.]

Amended 1869-70, p. 663.

The act declared Guaymas, San Rafael, Corte Madera, and Sausalito creeks navigable. The amendment of 1869-70 amended the act by omitting Guaymas and Sausalito creeks. The San Rafael and Corte Madera creeks were declared navigable by Political Code, § 2349.

ACT 4588.

For the relief of. [Stats. 1861, p. 121.]

This act provided that when the coroner of Marin County was required to inquire into the death of a convict in state prison, the fees should be a state and not a county charge. It also made the same provision where physicians were called in to inquire into the sanity of a convict at the state prison.

АСТ 4589.

ACT 4590.

Concerning lawful fences in. [Stats. 1858, p. 123.]

Compensation of certain officers of. [Stats. 1873-74, p. 433.] Repealed as to county judges by the constitution of 1879, and as to the other officers by County Government Act, 1897, p. 554, § 195. See ante, Act 1864.

АСТ 4591.

Election of road overseers in. [Stats. 1877-78, p. 544.] Repealed by Political Code, § 2642.

ACT 4592.

Superintendent of schools, salary of. [Stats. 1873-74, p. 212.] Repealed by County Government Act, 1897, p. 553, § 195. See ante, Act 1864.

ACT 4593.

Public schools, Dixie district. [Stats. 1873-74, p. 339.]

ACT 4594.

School moneys, distribution of.

[Stats. 1875–76, p. 568.]

Superseded by Political Code, § 1858, as amended 1893, p. 264.

ACT 4595.

Restricting the herding of sheep in. [Stats. 1857, p. 227.] Amended 1858, p. 165; 1859, p. 119; 1860, p. 332; 1869–70, p. 304; 1871-72, p. 890; 1877-78, p. 79.

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Continued in force by Pol. Code, § 19. See Stats. 1897, p. 198, and Stats. 1901, p. 603. Ante, Acts 387, 391.

ACT 4596.

To prevent stock from running at large upon roads and highways of. Stats. 1875-76, p. 482.]

See estray laws of 1897, p. 198, and 1901, p. 603. Ante, Acts 387, 391.

ACT 4597.

Tax collector, bond of. [Stats. 1877-78, p. 196.]

Repealed by County Government Act, 1897, p. 475, § 66. See ante, Act 1864.

ACT 4598.

Road poll taxes in, collection of. [Stats. 1875–76, p. 180.]
Repealed by Political Code, § 2652, as amended 1891, p. 478.

ACT 4608.

TITLE 341.

MARIPOSA COUNTY.

Licenses, collection of. [Stats. 1875-76, p. 308.]
Repealed by County Government Act, 1897, p. 452. See ante, Act

1864.

ACT 4609.

Regulating salaries of certain officers of. [Stats. 1873-74, p. 83.] Repealed by County Government Act, 1897, p. 566, § 207. See ante, Act 1864.

ACT 4610.

Providing for maintenance and construction of roads and highways in. [Stats. 1875-76, p. 650.]

Amended 1877-78, p. 277. Repealed 1883, p. 5, c. X, § 2.

АСТ 4611.

Treasurers of, bonds of. [Stats. 1875-76, p. 17.]

Repealed by County Government Act, 1897, p. 457, § 66. See ante, Act 1864.

ACT 4612.

Authorizing the levy of additional tax in. [Stats. 1873-74, p. 364.] Superseded by subds. 12 and 18, § 25, County Government Act, 1897, pp. 460, 463. See ante, Act 1864.

ACT 4622.

TITLE 342.
MARKLEEVILLE.

Incorporating Markleeville. [Stats. 1863-64, p. 441.]

ACT 4632.

TITLE 343.

MARKS AND BRANDS.

Concerning marks and brands. [Stats. 1851, p. 411.]
Amended 1857, p. 131; 1861, 373; 1862, pp. 28, 424. Superseded by
Political Code, §§ 3167-3185.

ACT 4633.

To prevent fraud and imposition in the matter of stamping and labeling produce and manufactured goods. [Stats. 1887, p. 17.]

Codified by § 349a of Penal Code, 1905. See note to § 349a, Penal Code.

Consult, also, the following:

ACT 4634.

An act to provide for the marking or branding of boxes or barrels containing citrus fruit for shipment, and fixing a penalty for the violation thereof, and for the appointment of an inspector under its provisions.

[Approved March 23, 1901. Stats. 1901, p. 663.]

(See Stats. 1903, p. 338, post, Act 4635, and Hayden, Ex parte, 147 Cal. 649, 82 Pac. 315.)

§1. Marking or branding of packages of citrus fruits.

§ 2. Penalty for violation.

§ 3. Inspector to be appointed. Duty to report violation of statute. § 4. Act takes effect when.

§ 1. Marking or branding of packages of citrus fruits. All citrus fruit contained in boxes or barrels, which shall hereafter be shipped, or offered for shipment in this state by any person, firm, or corporation, shall have stamped, stenciled, or printed in a conspicuous place on the outside of every such box or barrel, in clearly legible letters, a statement truly and correctly designating the county and immediate locality in which such fruit was grown. Such statement shall be placed thereon by the shipper of said fruit.

§ 2. Penalty for violation. Any person, firm, or corporation violating any of the provisions or requirements of section 1 of this act shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than two hundred dollars nor more than five hundred dollars.

§ 3. Inspector to be appointed. Duty to report violation of statute. The governor of the state of California, upon the passing of this act, shall appoint one inspector of citrus fruit shipments, to serve without compensation, whose duty it shall be to examine boxes and barrels used in the shipment of citrus fruits; and upon the discovery by said in spector of any violation of the requirements of this act he shall forthwith give notice thereof to the district attorney of the county in which the offense was committed, and upon receiving such notice it shall be the duty of such district attorney to prosecute the offender under the provisions of this act.

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