dead human bodies; and if upon such examination said board shall determine that such applicant is properly qualified to embalm human bodies, it shall grant a license to such person to embalm dead human bodies.

§ 10. Licenses recorded. All licenses when issued, shall be recorded by the board, a copy of which record shall be furnished to all those holding a license, and to the various transportation companies in the state of California. Such record shall be open to public inspection, and such license shall be admitted in evidence in any of the courts of the state, and shall be presumptive of the facts contained therein.

§ 11. Licenses issued in other states. The state board of embalmers is directed to recognize licenses issued to embalmers by authorities of other states.

§ 12. Regulations. The state board of embalmers shall from time to time adopt rules and regulations not inconsistent with the laws of this state, whereby the performance of the duties of the officers of said board and the practice of embalming dead human bodies and transportation of same shall be regulated.

§ 13. Affidavits to corrections in death certificates. When embalmer's license lapses. Whenever it may be alleged that the facts are not correctly stated in any certificate of death theretofore registered, the local registrar shall require an affidavit under oath to be made by the person asserting the fact, to be supported by the affidavit of one other credible person having knowledge of the facts, setting forth the changes necessary to make the record correct. Having received such affidavits, the local registrar shall file them and shall then draw a line through the incorrect statement or statements in the certificate, without erasing them, and make the necessary corrections, noting on the margin of the certificate his authority for so doing, and transmit the affidavits, attached to the original certificate, when making his regular monthly returns to the state registrar. If the correction relates to a certificate previously returned to the state registrar, the local registrar shall transmit the affidavit forthwith to the state registrar. If the correction is first made upon the original certificate on file in the state bureau of vital statistics, the state registrar shall transmit a certified copy of the original certificate, corrected as above, to the local registrar, who shall thereupon substitute such certified copy for the copy of the certificate in his records. All such corrections and marginal notes referring to them shall be legibly written in ink, typewritten or printed. When an embalmer has allowed his license to lapse, for any reason whatever, his license and number may be reinstated by the proper application of such embalmer, said application to be accompanied by a fee of two dollars and all back dues to date, whereupon the board may reinstate such applicant, provided such lapse shall not have been over two years. [Amendment approved May 27, 1919; Stats. 1919, p. 1334.]

§ 14. License not assignable. No license granted under the provisions of this act shall be assignable, and every such license shall specify by name the person to whom it is issued, and not more than one person shall carry on the practice of embalming dead human bodies under one license.

§ 15. Institutions not affected. Nothing in this act shall apply to, or in any way interfere with the duties of any officer of any local or public institution or of any duly accredited medical college, nor shall this act apply to anyone engaged simply in the furnishing of burial receptacles for the dead but shall apply only to persons engaged in the practice of embalming in connection with the care and disposition of the dead.

§ 16. Carriers. It shall be unlawful for any person, railroad, express company, or common carrier, to receive for transportation any dead human body, unless said body has been prepared by a regularly licensed embalmer, in accordance with the rules prescribed by the state board of embalmers.

§ 17. Schools for embalming. The state board of embalmers and schools for teaching embalming shall have extended to them the same privileges as to the use of bodies for dissecting, demonstrating or teaching, as those granted in this state to medical colleges.

§ 18. Revocation of license. The state board of embalmers shall have power to revoke any license granted under this act, upon conviction of violation of any of the provisions of this act, or any of the rules and regulations, or upon conviction of continued improper conduct, said conviction being subject to approval by the courts of the state.

§ 19. Penalty for noncompliance. Any person who shall advertise, practice, or hold himself or herself as practicing the science of embalming without having complied with the provisions of this act shall be guilty of a misdemeanor and, upon conviction thereof, before the court, shall be sentenced to pay a fine of not less than fifty dollars nor more than one hundred dollars for each and every offense; or any person, railroad, express company, or common carrier who shall violate the provisions of this act shall be guilty of a misdemeanor, and shall pay a fine of not less than one hundred dollars, nor more than five hundred dollars for each and every offense. All fines assessed for the violation of any of the provisions of this act shall be paid into the funds of the state.

§ 20. Yellow pasters. All licensed embalmers shall use yellow pasters to be furnished by the state board of embalmers; said pasters to be approved by the state board of health. No railroad, express company or other common carrier shall accept for transportation any dead human body unless said body is accompanied with said yellow shipping paster.

§ 21. Permission of coroner. It shall be unlawful to embalm a dead human body when a fact within the knowledge, or brought to the knowledge of the embalmer is sufficient to arouse suspicion of crime in connection with the cause of death of the deceased, until permission of the coroner, or justice of the peace (if there be no coroner) has first been obtained. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be fined not less than twenty-five dollars, nor more than one hundred dollars.

§ 22. Special license for nonresidents. Nonresidents living along the border of the state of California, doing business within this state, may make application for a special license, provided they can comply with the rules and regulations governing applicants for license, and furnish a certificate from their state certifying that the applicant holds a valid license, and upon the payment of a fee of twenty dollars, with a yearly renewal fee of five dollars. [New section added May 27, 1919; Stats. 1919, p. 1335.]

§ 23. School of embalming. The state board of embalmers is authorized to enter into an agreement with the proper authorities for the purpose of establishing a school of embalming in connection with any state educational institution of university grade or school of secondary grade maintained by a city, city and county, or school district in this state for the purpose of instructing students in the art of embalming and the sanitary care of the dead. The board shall be empowered to employ instructors; secure paraphernalia; lay out a course of instruction and requirements for a graduation; to require fees for same; which said fees shall be deposited in the state treasury in a fund which is hereby created and which shall be known as the embalmers school fund; this school to be in no way an expense to the state. Upon graduation a diploma thereupon shall entitle the holder to be admitted to practice within the state. [New section added May 27, 1919; Stats. 1919, p. 1335.]

§ 24. Manufacture and distribution of embalming fluids. It is prohibited to manufacture, sell or distribute embalming fluids within the state containing mineral poison. All fluid containers to have printed on the label "no mineral poison." All manufacturers and distributers of embalming fluids are hereby required to state the per cent formaldehyde contained therein, upon the label. [New section added May 27, 1919; Stats. 1919, p. 1335.]

ACT 2327.

TITLE 178.
EMERYVILLE.

An act granting certain tide-lands and submerged lands of the state of California, to the city of Emeryville, and regulating the management, use and control thereof. [Approved May 23, 1919. Stats. 1919, p. 1087.]

TITLE 179.
EMIGRATION.

АСТ 2337.

An act to promote emigration from the state of California.

[Approved March 26, 1880. Stats. 1880, p. 15 (Ban. ed. 50).]

§ 1. To promote emigration from the state.

§ 2. In effect when.

§ 1. To promote emigration from the state. It shall be unlaw ful for the owners, officers, agents, or employees of any steamship company, sailing vessel, or railroad company, or firm or corporation, that may be engaged in this state in the transportaion of

passengers to and from any foreign port, to withhold or refuse any person or persons the right to purchase a passage ticket or tickets to any foreign country for the reason that he or they have not presented a certificate, card, or other document whatsoever showing that such person has paid in full, or in part, any or all dues, debts, or demands, or otherwise, or any sum whatsoever, to any society, company, corporation, association, or individual, or firm; and any person or corporation who shall violate the provisions of this section, or in pursuance of any agreement, oral or written, refuse to sell a passage ticket to any person to any foreign country, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than one hundred nor more than five hundred dollars; provided, that nothing in this section shall be construed in any manner to apply to any passport or other document required by law to be presented, having the signature or seal of any foreign consul resiIdent within this state.

§ 2. In effect when. This act shall take effect on and after its passage.

ACT 2347.

TITLE 180.

EMPLOYMENT AGENTS.

Defining the duties and liabilities of employment agents, making the violation thereof a misdemeanor and fixing penalties therefor. [Stats. 1903, p. 14.]

Amended 1905, p. 143; 1909, pp. 137, 149. See next act.

Section 4 of this act, fixing a maximum charge for employment agents, is an unreasonable limitation upon the right of contract, is not a proper exercise of the police power and is a violation of the due process clause of the constitution: Dickey, Ex parte, 144 Cal. 234, 103 Am. St. Rep. 82, 1 Ann. Cas. 428, 66 L. R. A. 928, 77 Pac.

924.

ACT 2348.

An act to regulate and license the conducting and operating of employment agencies and to provide a revenue therefrom, for the enforcement of the provisions of this act and other acts relating to employment agents and employment agencies. [Approved March 6, 1909. Stats. 1909, p. 191.]

Probably superseded by the Act of 1913, p. 515. See next act. ACT 2349.

An act regulating private employment agencies, providing for a license for the operation thereof and a fee therefor, providing forms of receipts and registers to be used and kept, prohibiting any charge for registering or filing application for help or employment, prohibiting the dividing of fees, providing for the refunding of fees and expenses in the event of failure to procure employment, and granting the commissioner of the bureau of labor statistics the power to prescribe rules and regulations to carry out the purpose and intent of this act.

[Approved June 3, 1913. Stats. 1913, p. 515.] Amended 1. 1915, p. 929. 2. 1923, p. 934. 3. 1923, p. 936. 4. 1923, p. 937.

Suits against licensed person.

9.

§ 10.

§ 11.

Register of applicants for employment.

Registers open to inspection.

Receipt given applicant.

§ 11a. Schedule of fees charged.

§ 11. Limitations on fees.

§ 12. Applicant's fee.

§ 13. False advertising prohibited.

Agencies shall not send applicants to certain places. Fees not to be divided with employers.

Theatrical employment agency.

§ 14.

§ 15.

§ 1. Definitions: "Person." 1. When used in this act the following terms are defined as herein specified: The term "person" means and includes any individual, company, society, association, corporation, manager, contractor, subcontractor or their agents or employees.

2. "Employment agency." The term "employment agency" means and includes the business of conducting, as owner, agent, manager, contractor, subcontractor, or in any other capacity an intelligence office, domestic and commercial employment agency, theatrical employment agency, teachers' employment agency, general employment bureau, shipping agency, nurses' registry, or any other agency or office for the purpose of procuring or attempting to procure help or employment or engagements for persons seeking employment or engagements, or for the registration of persons seeking such help, employment or engagement, or for giving information as to where and of whom such help, employment or engagement may be procured, where a fee or other valuable consideration is exacted, or attempted to be collected, directly or indirectly, for such services, whether such business is conducted in a building or on the street or elsewhere.

3. "Theatrical employment agency." The term "theatrical employment agency" means and includes the business of conducting an agency, bureau, office or any other place for the purpose of procuring or offering, promising or attempting to provide engagements for circus, vaudeville, theatrical and other entertainments or exhibitions or performances, or of giving information as to where such engagements may be procured or provided, whether such business is conducted in a building, or on the street or elsewhere.

4. "Theatrical engagement." The term "theatrical engagement" means and includes any engagement or employment of a person as an actor, performer or entertainer in a circus, vaudeville, theatrical and other enter. tainment, exhibition or performance.

5. "Emergency engagement." The term "emergency engagement" means and includes an engagement which has to be performed within