state, consigned to a point without this state, over a line or lines of one or more common carriers.

ACT 2433.

An act to protect life and property against the careless and malicious use or handling of dynamite and other explosives.

[Approved March 12, 1887. Stats. 1887, p. 110.]

Sections 1, 2, 3, 4 codified by § 375a, Penal Code: See Penal Code, § 375a, note.

§ 1.

Section 8 codified by § 601, Penal Code: See Penal Code, § 601, note.
Keep record of sales.

§ 2. What record must show.

Records subject to examination of peace officer.
Forfeiture in addition to punishment.

§ 3.

84.

§ 1. Keep record of sales. It is the duty of each and every person, contractor, firm, association, joint stock company, and corporation, manufacturing, storing, selling, transferring, disposing of, or in any manner dealing in or with or using or giving out, nitro:glycerine, dynamite, vigorite, hercules powder, giant powder, or other high explosive, by whatever name known, to keep at all times an accurate journal, or book of record, in which must be entered, from time to time, as they are made, each and every sale, delivery, transfer, gift, or other disposition made by such person, firm, association, joint stock company, or corporation, in the course of business or otherwise, of any quantity of such explosive substance.

§ 2. What record must show. Such journal or record book must show, in a legible handwriting to be entered therein at the time, a complete history of each transaction, stating the name and quantity of the explosive sold, delivered, given away, transferred, or otherwise disposed of; the name, place of residence, or business of the purchaser or transferee; the name of the individual to whom delivered, with his or her address, with a description of such individual sufficient to provide for identification.

§ 3. Records subject to examination of peace officer. Such journal or record book must be kept, by the person, firm, association, joint stock company, or corporation so selling, delivering, or otherwise disposing of such explosive substance or substances, in his or their principal office or place of business, at all times subject to the inspection and examination of the peace officers or other police authorities of nty, city and county, or municipality where the same is police authorities o and made there for. Any failure or neglect to is situated, on proper d

་་

the proper entries therein at the time of Not applicable to carrier. pded, or to exhibit the same to the shall be held to apply to the delivities on demand, shall be deemed

§4. Forfeiture in addition to punishment. In addition to such punishment, and as a cumulative penalty, such person, firm, association, joint stock company, or corporation so offending, shall forfeit, for each offense, the sum of two hundred and fifty dollars, to be recovered in any court of competent jurisdiction, by action at law. The party so instituting such actions shall not be entitled to dismiss the same without consent of the court before which the suit has been instituted. Nor shall any judgment recovered be settled, satisfied, or discharged, save by order of such court, after full payment into court, and all moneys so collected shall be paid to the party bringing the suit.

same,

§ 5. Prohibiting reckless possession of explosives. Any person who, in the public street or any highway of any county, city and county, or town or city, or at, in, or near to any theater, hall, public or private school, or college, church, hotel, or other public building, or at, in, or near to any private habitation or in, on board of, or near any railway passenger train, or car or train, or cable road, or car of the or steam or other vessel, engaged in carrying passengers, or ferryboat, or other public place where human beings ordinarily pass and repass, shall recklessly or maliciously have in his or her possession any dynamite, nitro-glycerine, vigorite, hercules powder, giant powder, or other high explosive; or who shall recklessly or maliciously by use means intimidate, terrify, or endanger any human being, is guilty of a felony, and on conviction shall be punished accordingly. § 6. Defining reckless possession. Any person not regularly engaged in the manufacture, sale, transportation, or legitimate use in blasting operations, or in the arts, of such substances as are named in this act, shall be presumed (prima facie) to be guilty of a reckless and malicious possession thereof, within the meaning of the foregoing section, if any such substance is found upon him, or in his possession, in any of the places, or under any of the circumstances specified in the preceding section.

of such

§7. Punishment for unlawful possession. No person may knowingly keep or have in his or her possession any dynamite, vigorite, nitroglycerine, giant powder, hercules powder, or other high explosive, except in the regular course of business carried on by such person, either a manufacturer thereof or merchant dealing in the same, or for use in legitimate blasting operations, or in the arts, or while engaged in transporting the same for others, or as the agent or employee of engaged in the course of such business or operations. Any possession of any such explosive substances as are named in act is unlawful; and the person so unlawfully possessing it shall

as

others

other

this

be punished by imprisonment in the state prison not exceeding five years, or by fine not exceeding five thousand dollars, or by both such

fine

and imprisonment.

§ 8. Malicious deposits or explosives. Any person who maliciously deposits or explodes, or who attempts to explode, at, in, under, or

near

any building, vessel, or boat, railroad, tram road, or cable road, or any train or car, or any depot, stable, car-house, theater, schoolhouse, church, dwelling-house, or other place where human beings usually inhabit, assemble, frequent, or pass and repass, any dynamite, nitro-glycerine, vigorite, giant or hercules powder, gunpowder, or other

chemical compound, or other explosive, with the intent to injure or destroy such building, vessel, boat, or other structure, or with the intent to injure, intimidate, or terrify any human being, or by means of which any human being is injured or endangered, is guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison not less than one year.

§ 9. Transportation of high explosives. Any person, firm, or corporation, who shall take, carry or transport, or cause to be taken, carried, or transported, any dynamite, vigorite, nitro-glycerine, hercules or giant powder, or other high explosive, into the limits of, or through, or across any incorporated city or town of this state, or into, through, or across any harbor for shipping, in any manner, condition, or quantity, or otherwise, in violation of the laws or ordinances of such city or town, or of the laws or regulations governing such harbor, shall, in addition to the penalties provided or imposed by such laws, ordinances, or regulations, forfeit to the state of California all such explosive substances, as well as the cases inclosing the same. Such forfeiture may be sued for by any citizen of the state, for himself and the state; and the goods or property, when so forfeited and recovered by judgment of the court, shall be sold, and the proceeds divided, the citizen so suing taking one-half to himself for his own benefit, and paying the other half into the state treasury. Such action may be maintained in any court of competent jurisdiction; provided, that the state shall never be liable to any cost or expense for any such suit or proceeding.

§ 10. Police officer may sue for forfeitures. Any of the forfeitures provided for in this act may be taken advantage of, and sued for and recovered, by any peace officer or policeman, member of the police force of any city, city and county, or town where the same arises, for his own benefit, notwithstanding any law, ordinance, or rule to the contrary.

§ 11. In effect when. This act shall take effect and be in force from and after its passage.

ACT 2443.

TITLE 188.
EXPOSITIONS.

An act giving and granting to the board of park commissioners of the city of San Diego the right to use and the right to authorize the use of Balboa Park in said city for exposition purposes. [Approved March 24, 1911. Stats. 1911, p. 478.]

Amended 1916, Stats. 1916 (Extra Session), p. 43; 1917, Stats. 1917, P. 1.

ACT 2444.

An act to provide for a state exhibit at the Panama-California Exposition, to be held in San Diego, California, in 1915, to celebrate the completion of the Panama canal and providing for the erection of necessary buildings therefor; creating a commission to have the charge and control of said exhibition and making an appropriation therefor. [Approved April 1, 1911. Stats. 1911, p. 559.]

ACT 2445.

An act appropriating money to pay the expense of maintaining an exhibit of the products of the state of California at the Italian International Exposition, to be held in the city of Turin, kingdom of Italy, in the year 1911. [Approved April 25, 1911. Stats. 1911, p. 1110.]

The act appropriated ten thousand dollars for the purpose indicated. ACT 2446.

An act relating to the Panama-Pacific International Exposition Commission of the state of California and defining its powers and duties. [Approved March 4, 1911. Stats. 1911, p. 273.]

ACT 2447.

An act appropriating two hundred thousand dollars ($200,000) to complete the construction of the exposition building of the state of California at the Panama-California exposition to be held in San Diego, California, during the year 1915. [Approved June 6, 1913. Stats. 1913, p. 893.]

ACT 2448.

An act appropriating money to pay the expense of maintaining an exhibit of the products of the state of California at the universal and international exposition, to be held in the city of Ghent, in the kingdom of Belgium, in the year nineteen hundred thirteen, and providing for a commissioner thereof. [Approved April 18, 1913. Stats. 1913, p. 37.]

ACT 2449.

An act appropriating fifty thousand dollars for the completion, maintenance and repair of the California State Building at the PanamaCalifornia International Exposition. [Approved January 11, 1916.

Stats. (Ex. Sess.), 1916, p. 44.]

ACT 2450.

An act to provide for the disposition of any money or other property accruing to or to be received by the state of California as its proportionate share of the returns from the holding of the PanamaPacific International Exposition.

[Approved January 11, 1916. Stats. (Ex. Sess.), 1916, p. 43.]

§ 1. Returns accruing to state from Panama-Pacific International Exposition.

§ 2. Disposition of funds.

§ 1. Returns accruing to state from Panama-Pacific International Exposition. The Panama-Pacific International Exposition Commission of the state of California is hereby authorized to accept and receive from the Panama-Pacific International Exposition Company the returns accruing to the state of California from the holding of the Panama-Pacific International Exposition.

§ 2. Disposition of funds. On the receipt of said returns the said commission shall promptly make a full report thereof to the state con

troller and deposit said returns with the state treasurer, who shall place the first two hundred thousand dollars deposited to the credit of "The San Francisco State Normal School-Exposition Preservation Fund," and the next fifty thousand dollars thereof to the credit of a fund known as "The Panama-California International Exposition Fund," which fund is hereby created, and the remainder thereof to the credit of the general fund.

TITLE 189.
EXTENSION OF TIME.

ACT 2460.

An act to extend the time for the performance of any act or the taking of any proceeding appointed, required or limited by or in pursuance of law to be performed or taken on any day or within any time in the month of June, 1906, prior to the last day of said month. [Approved June 3, 1906. Stats. 1906 (Ex. Sess.), p. 8.]

TITLE 190.
FEATHER RIVER.

ACT 2470.

To declare the bridge across Feather River, extending from Fifth Street, at the city of Marysville, in the county of Yuba, to the opposite bank of the said river, a free bridge. [Approved March 31, 1891. Stats. 1891, p. 263.]

АСТ 2471.

Concerning survey of outlet of. [Stats. 1867-68, p. 91.]

TITLE 191.

FEEBLE-MINDED CHILDREN.

Consult the following acts.

ACT 2481.

To establish the "California Home for the Care and Training of Feebleminded Children," and provide for the maintenance of the same. [Approved March 18, 1885; Stats. 1885, p. 198.]

Repealed 1887, p. 73. See next act.

ACT 2482.

To provide for the government and management of the California Home for the Care and Training of Feeble-minded Children. [Stats. 1887, p. 69.]

Amended 1889, p. 155. Supplemented 1897, p. 251; 1901, p. 795.

The Home is now known as the Sonoma State Home, Pol. Code, § 2145. It is now a part of the Department of Institutions: Pol. Code, § 366c. See, also, Pol. Code, § 2136 et seq.