feet in height maliciously erected or maintained for the purpose of annoying the owner or occupants of adjoining property, shall be deemed a private nuisance. § 2. Injured person's recourse. Any such owner or occupant, injured either in his comfort or the enjoyment of his estate by such nuisance, may enforce the remedies against the continuance of the same prescribed in title 3, part 3 of the Civil Code of the state of California. This act is constitutional: Bar Due v. Cox, 47 Cal. App. 713, 190 Pac. 1056. TITLE 195. ACT 2542. Concerning public ferries and toll bridges. [Stats. 1855, p. 183.] Supplemented 1861, p. 18; 1862, p. 247; 1869-70, p. 887. Amended 1861, p. 307; 1863, pp. 720, 747, 758; 1863-64, p. 192; 1867-68, p. 77; 1873-74, p. 581. Superseded by Political Code, § 2843 et seq. ACT 2543. An act relating to ferries across navigable rivers separating counties, and empowering the boards of supervisors of such counties to establish and maintain ferries across such rivers, and to pay the expense thereof. § 1. [Approved March 16, 1903. Stats. 1903, p. 156.] Amended 1921, p. 244. Power to establish. § 2. Proportion of expenses. § 3. Operation by one county. § 4. In effect. § 1. Power to establish. When a navigable river forms a boundary between two counties of this state, the boards of supervisors of such counties are hereby given the power to establish and operate a ferry or ferries across such stream. § 2. Proportion of expenses. Each of such counties shall pay such proportion of the expenses of establishing and operating said ferry or ferries as may be agreed upon by the boards of supervisors of such counties. Such proportion of the expenses of establishing and operating said ferry or ferries may be paid for out of the county general fund or the general road fund of the respective counties. [Amendment approved May 23, 1921; Stats. 1921, p. 244.] § 3. Operation by one county. In case either of said counties shall refuse to enter into an agreement to establish and operate such ferry or ferries, the county situated upon the opposite bank of such river may establish and operate a ferry or ferries across such river, and such county is hereby empowered to acquire landing places for such ferry or ferries on the bank of such river opposite the boundary of such county, and may pay the expense of establishing and operating said ferry or ferries out of the general road fund of such county, or out of the general county fund of such county. [Amendment approved May 23, 1921; Stats. 1921, p. 244.] § 4. sage. In effect. This act shall take effect from and after its pas ACT 2544. An act relating to ferries across rivers and streams wholly within one county, and empowering the boards of supervisors of such county to purchase, establish and maintain ferries across such rivers or streams and to pay the expenses thereof. § 1. § 2. § 3. §1. [Approved April 16, 1909. Stats. 1909, p. 974.] Free ferries, operation of. Payment of expenses. In effect when. Free ferries, operation of. Whenever the board of supervisors of any county within the state of California shall deem it advisable and for the best interests of the public that the county own and operate any ferry within such county, such board may purchase, establish and operate a ferry or ferries across any stream or river within said county and may operate the same as a free ferry or ferries. § 2. Payment of expenses. Such board of supervisors is hereby empowered to acquire landing places for such ferry or ferries on the banks of such river or stream and may pay the expenses of establishing and operating said ferry or ferries out of the general road fund of said county; provided, however, that no supervisor or his bondsmen shall be responsible for the payment of damages incurred by any perSon while traveling on such ferry. § 3. passage. In effect when. This act shall take effect from and after its ACT 2554. TITLE 196. An act to regulate the sale of commercial fertilizers or materials used for manurial purposes, and to provide penalties for the infraction thereof, and means for the enforcement of the act. § 1. § 2. § 3. 4. [Approved March 20, 1903. Stats. 1903, p. 259.] Amended 1. 1911, p. 488. 2. 1915, p. 42. 3. 1921, p. 1185. Commercial fertilizers shall be labeled. Fertilizer to be plainly labeled. Certificate of registration required. Analyses to be made. How users may obtain analyses. Sample to be kept by party whose stock is sampled and by Uni versity. Results of analyses to be published. Appropriation for laboratory. License fee and statement. Disposition of fees. Violation of act a misdemeanor. § 12. In effect when. Certificate is prima facie evidence. § 1. Commercial fertilizers shall be labeled. Every lot, parcel, or package of commercial fertilizers or materials to be used for manurial purposes (excepting the dung of domestic animals), sold, offered, or exposed for sale, within this state, shall be accompanied by a plainly printed label, stating the name, brand, and trademark, if any there be, under which the fertilizer is sold, the name and address of the manufacturer, importer, or dealer, the place of manufacture, and a chemical analysis, stating the percentages claimed to be therein; of nitrogen, specifying the form or forms in which it is present; of phosphoric acid, available and insoluble; and of potash, soluble in distilled water, and the materials from which all of said constituents are derived. All analyses are to be made according to the methods agreed upon by the American association of official agricultural chemists. In the case of those fertilizers, the selling price of which is less than eight dollars ($8) per ton, said label need only give a correct general statement of the nature and composition of the fertilizer it accompanies. § 2. Fertilizer to be plainly labeled. No person shall sell, offer or expose for sale in this state any pulverized leather, hair, ground hoofs, horns or wool waste, raw, steamed, roasted, or in any form, street sweepings, or the dung or urine of any domestic animal, mixed with, or in combination with, water artificially added thereto, or with any sand, soil or other material not commonly used for bedding domestic animals, as a fertilizer or as an ingredient for fertilizer or manure without an explicit statement of the fact in printing or writing conspicuously placed thereon and affixed to every package, container, car or vehicle in which the same shall be transported or delivered to any purchaser thereof, said statement to go with every lot, parcel or package of the same; that a fine of fifty dollars for the first offense and one hundred dollars for each subsequent offense be imposed for violation of this section. [Amendment approved June 3, 1921; Stats. 1921, p. 1185.] This section was also amended in 1911. Stats. 1911, p. 488. § 3. Certificate of registration required. The manufacturer, importer, agent of, or dealer in any commercial fertilizers, or materials used for manurial purposes, the selling price of which to the consumer is eight ($8) dollars or more per ton, shall, before the same is offered for sale, obtain a certificate of registration from the secretary of the board of regents of the University of California, countersigned by the director of the agricultural experiment station of the said university, authorizing the sale of fertilizers in this state, and shall securely fix to each lot, parcel, or package of fertilizer the word "Registered" with the number of registry. The manufacturer, importer, agent, or dealer obtaining such registry, shall pay to the said secretary the sum of fifty ($50) dollars, to be applied as provided in section 9 of this act; such registration shall expire on the thirtieth day of June of the fiscal year for which it was given; provided, the provisions of this section shall not apply to any agent whose principals shall have obtained a certificate of registration as herein provided. Every such manufacturer, importer, agent, or dealer, who makes or sells, or offers for sale, any such substances, under a name or brand, shall file, on or before the first day of July, in each year, a statement, under oath, with said director, stating such name or brand, and stating the component parts in accordance with the provisions of section 1 of this act, of the substances to be sold, or offered for sale, or manufactured under each such name or brand. name §4. Analyses to be made. How users may obtain analyses. The said director shall annually, on or before the first day of September, take samples in accordance with the provisions of section 5 hereof of the substance made, sold, or offered for sale, under every such or brand, and cause analyses to be made thereof in accordance with the provisions of section 1 hereof, and said analyses may include such other determinations as said director may at any time deem advisable. Dealers in, or manufacturers of fertilizers, must give free access to the director of the agricultural experiment station, or his duly authorized deputy, to all the materials which they may place on the market for sale in California. Whenever the analysis certified by the said director shall show a deficiency of not more than one-fourth of one per cent of nitrogen, or one per cent of soluble or available phosphoric acid, or one-half of one per cent of potash soluble in distilled water, the statement of the manufacturer or importer, as required in section 1 of this act, shall not be deemed to be false in the meaning of this act; provided, that this act shall not apply to sales of fertilizing materials made to a registered manufacturer of fertilizers, or to sales for export outside of this state; provided, further, that the said director of the Agricultural Experiment Station of the University of California shall, upon the receipt of a sample of fertilizer, accompanied with a nominal fee of two ($2) dollars, furnish to the user of said commercial fertilizers, such examination or analysis of the sample as will substantially establish the conformity or nonconformity of the said fertilizer to the guarantee under which it was sold. § 5. Sample to be kept by party whose stock is sampled and by University. The director of the Agricultural Experiment Station of the University of California, in person or by deputy, is hereby authorized to take a sample not exceeding two pounds in weight for analysis by the said director, or his deputies, from any lot, parcel, or package of fertilizer, or material, or mixture of materials used for manurial purposes, which may be in the possession of any manufacturer, importer, agent, or dealer, but said sample shall be drawn in the presence of said party or parties in interest, or their representatives. In lots of five tons or less, samples shall be drawn from at least ten packages, or, if less than ten packages are present, all shall be sampled; in lots of over five tons, not less than twenty packages shall be samThe samples so drawn shall be thoroughly mixed, and from it equal samples shall be drawn and placed in glass vessels, carefully sealed, and a label placed on each, stating the name or brand of the fertilizer or material sampled, the name of the party from whose stock pled. two the sample label shall also be signed by the said director or his deputy making inspection, and by the party or parties in interest, or their representatives present at the drawing and sealing of said samples. One of said duplicate samples shall be retained by the party whose stock was drawn, and the time and place of drawing; and said such was ment sampled, and the other by the § 6. director of the agricultural experi station of the University of California. Results of analyses to be published. The director of the Agri cultural Experiment Station of the University of California shall pub lish in bulletin form, from time to time, at least annually, the results of the analyses hereinbefore provided, with such additional information as circumstances may advise. § 7. Appropriation for laboratory. There is hereby appropriated for the use of the Agricultural Experiment Station of the University of California at Berkeley, Alameda County, as set forth in this act, out of any moneys in the treasury not otherwise appropriated, the sum of eighteen hundred ($1800) dollars for the equipment of a laboratory, with the chemicals and apparatus and other incidentals necessary to the successful prosecution of the work. § 8. License fee and statement. In order to further provide for the necessary expenses of this work, there shall be paid by the manufacturer, importer, agent, or dealer, twenty-five cents for every ton of fertilizer sold, the selling price of which to the consumer is eight ($8) dollars or more per ton. A statement sworn to by the manufacturer, importer, agent, or dealer, of such sales, shall be rendered quarterly to the secretary of the board of regents of the University of California, accompanied by the corresponding amount of special license fee as above specified; provided, that whenever the manufacturer or importer shall have paid the special license fee herein required, for any person acting as agent or seller for such manufacturer or importer, such agent or seller shall not be required to pay the special license fee named in this section. On receipt of said special license fee and statement, the said secretary shall issue to the manufacturer, importer, agent, or dealer, a certificate of compliance with this section. § 9. Disposition of fees. All moneys, whether received from registry and analytical fees or special license fees, shall be paid to the secretary of the board of regents of the University of California, for the use of said board in carrying out the provisions of this act, including the erection of buildings. [Amendment approved April 10, 1915. Stats. 1915, p. 42.] § 10. Violation of act a misdemeanor. Any party selling, offering, or exposing for sale, any commercial fertilizer without the statement required by section 1 of this act, or with a label stating that said fertilizer contains a larger percentage of any one or more of the constituents mentioned in said section than is actually contained therein, except as provided for in section 4, or respecting the sale of which all the provisions of this act have not been fully complied with, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be fined in a sum of not less than fifty ($50) dollars and costs of action for the first offense, and one hundred ($100) dollars and costs of the action for each subsequent offense. Said fines to be paid into the school fund of the county in which conviction is had. § 11. Certificate is prima facie evidence. In any action, civil or criminal, in any court of this state, a certificate under the hand of said director, and the seal of said university, stating the results of any analysis purporting to have been made under the provisions of this act, shall be prima facie evidence of the fact that the sample or samples mentioned in said analysis or certificate were properly analyzed as in |