cultural seeds for test and analysis, subject to such rules and regula. tions as may be adopted by said director of agriculture; provided, that the director may by such regulations fix the maximum number of samples that may be tested free of charge for any one citizen in any one period of time and fix charges for tests or samples submitted in excess of those tested free of charge.

§ 9. Penalties. Any person, firm or corporation that shall fail, neglect or refuse to affix to the packages or other containers in which agricultural seeds are sold, offered or exposed for sale, the labels required by the provisions hereof, or shall affix to any such package or other container any label containing any false statement of the matters or things required by the provisions hereof, or shall in any manner interfere with or obstruct the taking of samples of such seed as herein provided, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months or both; provided, that for a second or subsequent offense a fine, if imposed, shall not be less than one hundred dollars.

§ 10. Repealed. All acts or parts of acts inconsistent with this act are hereby repealed.

§ 11. Constitutionality. If any section, subsection, sentence, clause, or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

ACT 137.

An act to provide for an acceptance by the State of California of the provisions of an act passed by the congress of the United States known as the Smith-Lever act, and entitled, “An act to provide for co-operative agricultural extension work between the agricultural colleges in the several states receiving the benefits of an act of congress approved July 2, 1862, and of acts supplementary thereto, and the United States department of agriculture"; approved May 8, 1914.

[Approved May 27, 1921. Stats. 1921, p. 720. In effect July 29, 1921.] § 1. Assent of state to Smith-Lever act.

§ 1. Assent of state to Smith-Lever act. The state of California hereby assents to the provisions of an act passed by the congress of the United States known as the Smith-Lever act, and entitled, "An act to provide for co-operative agricultural extension work between the agricultural colleges in the several states receiving the benefits of an act of congress approved July 2, 1862, and of acts supplementary thereto, and the United States department of agriculture"; approved May 8, 1914.

ACT 138.

An act to provide for the appointment of a commission to investigate the plan of operation and organization of agricultural colleges in the

United States, and to recommend a plan for the reorganization of agricultural instruction in the state of California, and making an appropriation therefor.

[Approved June 3, 1921. Stats. 1921, p. 1188. In effect August 2, 1921.]

§1. Commission to investigate agricultural colleges.

12. Appropriation.

$1. Commission to investigato agricultural colleges. The governor of this state is hereby authorized and empowered to appoint a commission of seven persons, which commission is hereby charged with the investigation of the entire problem of agricultural instruction and investigation. Said commission shall investigate the plan of operation and organization of the leading agricultural colleges of the United States, and report to the governor before the convening of the forty-fifth session of the legislature their recommendations upon the reorganization of the agricultural instruction as given in the University of California.

§ 2. Appropriation. The sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropriated for the purpose of carrying on the work of said commission as provided for in this act; said money shall be expended and used for the purpose of paying the necessary expenses of the members of said commission while engaged in the performance of their duties, and for all necessary clerical, printing and other expenses connected with the work of carrying out the provisions of this act. The claims of each shall be audited and approved by the board of control in the manner provided by law, and when so approved the state controller is authorized to draw his warrant therefor, and the treasurer is directed to pay the same.

ACT 148.

TITLE 12.
AIRCRAFT.

An act concerning the registration, numbering, and use of aircraft, and the licensing of operators thereof.

[Approved June 3, 1921. Stats. 1921, p. 1421. In effect August 2, 1921.] 1. Definitions.

2. Registration of aircraft.

3. Certificate issued by superintendent of motor vehicle department. Transfer of ownership. Expiration of registration,

4. Number plate.

5. License to operate aircraft. Examination.

6. Classes of licenses.

7. Fees.

¡ & Revocation of certificate or license.

19. Nonresidents.

10. Aerial acrobatics.

11. Penalties.

12. U. S. aircraft excepted.

13. In case of U. S. legislation.

§1. Definitions. The term "aircraft" as used in this act shall include every kind of vehicle or structure intended for use as a means of transporting passengers or goods, or both, in the air; the term "aeronaut"

shall include every person who, being in or upon an aircraft or anything attached thereto, undertakes to direct its ascent, course, or descent in the air or the ascent, course, or descent in the air of anything attached to such aircraft; the word "fly" or the word "voyage" shall include every kind of locomotion by an aircraft.

§ 2. Registration of aircraft. No aircraft shall be flown from any point in this state or to any point in this state unless said aircraft is registered as provided by section three of this act, except as provided by section nine hereof.

§ 3. Certificate issued by superintendent of motor vehicle department, Transfer of ownership. Expiration of registration. Every owner of one or more aircraft kept in this state, shall file, annually, in the office of the superintendent of the motor vehicle department, upon a blank furnished by the superintendent, a statement of his name, residence, and postoffice address, and a description of each aircraft owned by him, and shall give such other information pertaining thereto as shall be required by the superintendent; and said superintendent shall register each aircraft, assigning to it a distinguishing number, and shall thereupon issue to such owner a certificate of registration which shall contain the name, place of residence, and postoffice address of such owner, the number assigned to such aircraft, and such further information as said superintendent may determine. Such certificate shall at all times be carried upon such aircraft and shall be subject to examination, upon demand by any proper officer. An applicant for the registration of an aircraft who does not file his application until after the first day of June in any year shall be entitled to a pro rata reduction in the fee for such registration, calculated to the first day of the month in which application is made. Upon the transfer of ownership of any aircraft its registration shall expire, and the person in whose name such aircraft is registered shall forthwith return the certificate of registration to the superintendent, with a written notice stating the date of such transfer of ownership and the name, place of residence, and post office address of the new owner. The registration of every aircraft shall expire at midnight on the thirty-first day of December in each year.

§ 4. Number plate. Every aircraft shall, at all times when in use or operation within this state, have displayed thereon, in a conspicuous place and in the manner directed by the superintendent of the motor vehicle department, a plate or marker bearing, in figures not less than three feet in height the distinguishing number assigned to said aircraft.

§ 5. License to operate aircraft. Examination. No person, except as hereinafter provided, shall direct or operate an aircraft or act as aeronaut of any aircraft until he shall have obtained from the superintendent of the motor vehicle department a license for that purpose as hereinafter provided. No such license shall be issued until said superintendent has caused the applicant to be examined by boards of one or more competent persons, who shall serve without compensation, said examination to be conducted in such manner as said superintendent may determine and said board is satisfied that the applicant is a proper person to receive such license, except that said superintendent may issue, without examination, a license to any aeronaut holding a license from any association of individuals or societies formed for the purpose of

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promoting the science of aeronautics or aviation, if the standing and eharacter of such association is such that said boards are satisfied that such license has been issued after due examination and deliberation. In any case the applicant must be able to pass the tests required by the United States army or navy for a military or naval aviator or aeronaut. Nothing herein contained shall prevent the operating of an aircraft by an unlicensed person nineteen years of age or more; other than a person whose application has been refused or revoked, if accompanied by a licensed aeronaut, which licensed aeronaut shall be personally liable for any violation of the provisions of this act, or if receiving flying instruction from a regularly established flying school.

§ 6. Classes of licenses. Licenses for directing or operating an aireraft shall be issued by said superintendent, but no license shall be issued by said superintendent to any person under the age of nineteen years, and such licenses shall be divided into three separate classes: License to operate spherical balloons; license to operate dirigible balloons; license to operate aeroplanes or heavier-than-air machines. Applications for licenses shall be made upon blanks furnished by said superintendent. which blanks shall be in such form and shall contain such provisions, not inconsistent with this act as said superintendent may determine. A number shall be assigned to each license and a proper record of all applications for licenses and of all licenses issued shail be kept by said superintendent at his office and shall be open to public inspection. Each license shall state the name, place of residence, and post office address of the licensee and the number assigned to him, the class of aircraft to be operated, and such provisions, not inconsistent with this act as the superintendent may determine. Such license shall expire at midnight on the last day of December in each year. Such license, shall at all times be carried by the licensee when he is directing or operating an aircraft in this state, and shall be subject to examination upon demand, by any proper officer.

§7. Fees. The superintendent of the motor vehicle department shall collect fees as follows: For the registration of every aircraft, five dollars; for examinations and tests of an applicant for a license to direct and operate aircraft, as provided in this act, such sum as he may require, in any instance not exceeding twenty-five dollars; for a license to operate and direct aircraft, two dollars; for every additional copy of a certificate of registration or license, fifty cents.

§8. Revocation of certificate or license. The superintendent of the motor vehicle department may, after due hearing suspend or revoke any certificate of registration or any license to operate issued to any person under the provisions of this act, for any cause which he may deem sufficient.

§9. Nonresidents. Any nonresident of this state may operate an aircraft in this state without complying with the provisions of this act, relative to the registration of aircraft and the licensing of aeronauts; provided, that the said nonresident shall secure special authority from the superintendent of the motor vehicle department before any exhibition flight.

§ 10. Aerial acrobatics. No aeronaut shall engage in aerial acrobatics below an altitude of one thousand five hundred feet, nor over populated

or built over districts, whether land or water, nor over an inclosure at a meet or exhibition which is not closed to spectators. By. "aerial acrobatics" is meant any manipulation of the controls which may tend to divert the aircraft from a normal flight with every consideration for stability and safety. No aircraft shall fly over any part or section within the limits of any city in the state of California at a height lower than that enabling such aircraft to glide, in any emergency and at all times, to an open or unobstructed place on land or water, except at the beginning or end of a flight.

§ 11. Penalties. Any person operating an aircraft in this state who fails to comply with any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dollars, or imprisoned not more than six months or both.

§ 12. U. S. aircraft excepted. All aircraft and aeronauts operating under authority of the United States government are excepted from the provisions contained in this act.

§ 13. In case of U. S. legislation. It is hereby determined that until the congress of the United States passes legislation to control and direct the operation of all aircraft over all of the territory and territorial waters of the United States, at which time the provisions of this act shall automatically cease and become void, all aircraft operating within the geographical limits of the state of California shall be governed by the provisions hereof.

ACT 158.

TITLE 13.
ALAMEDA CITY.

Opening streets in. [Stats. 1875-76, p. 424.]

Repealed 1877-78, p. 964.

ACT 159.

Streets in. [Stats. 1873-74, p. 795.]

This act related to Park Street, Santa Clara Avenue, Railroad Avenue, Buena Vista Avenue, and Third Avenue.

ACT 160.

In relation to certain streets in. [Stats. 1877-78, p. 964.]

This act related to the following streets: Santa Clara Avenue, Railroad Avenue, Versailles Avenue, Pearl Street, Broadway, Clinton Avenue, Bay Avenue, and San Jose Avenue.

ACT 161.

To provide funds for school department of. [Stats. 1877-78, p. 599.] This act authorized the issuance of bonds in the amount of $500,000.

ACT 162.

Act to incorporate. [Stats. 1871-72, p. 276.] Amended and supplemented 1873-74, p. 448; 1875-76, p. 367. pealed 1877-78, p. 89. See next act.

Re