by the State Board of Horticulture to be infested with fruit. tree or orchard pests, or infected with contagious diseases injurious to trees, plants, or fruits, unless the same shall have been previously disinfected, shall be guilty of a misdemeanor. Disinfection shall be to the satisfaction of the State Board of Horticulture, or the Inspector of Fruit Pests. When disinfected, the fact shall be stamped upon each box, package, or separate parcel of fruit trees, scions, cuttings, or plants; and Misdeany person who shall cause to be shipped, transported, or meanor to removed, any such box, parcel, or package, from a quarantine stamp. district or locality, not bearing such stamp, shall be guilty of a misdemeanor, and may be punished by fine, as provided in section six of this Act. Any person who shall falsely cause such stamp to be used, or shall imitate or counterfeit any stamp or device used for such purpose, shall be guilty of a misdemeanor. SEC. 4. It shall be the special duty of each member of the State Board of Horticulture to see that the provisions of this Act are carried out within his respective horticultural district, and all offenders duly punished. use false to be cleaned. SEC. 5. All fruit trees infested by any insect or insects, Trees, when their germs, larvæ or pupæ, or infected by disease known to be injurious to fruit, or fruit trees, and liable to spread contagion, must be cleaned or disinfected before the first day of April, eighteen hundred and eighty-five, and on or before the first day of April of every succeeding year thereafter. All owners or occupants of lands on which fruit trees are Misdegrown failing to comply with the provisions of this sec- meanor. tion, shall be guilty of a misdemeanor, and fined as provided for in section six of this Act. All fruit, packages, Trees not trees, plants, cuttings, grafts, and scions, that shall not be cleaned after disinfected within twenty-four hours after notice by the Inspectorare Inspector of Fruit Pests, or a duly appointed Quarantine Guardian, or any member of the Board of Horticulture, shall be liable to be proceeded against as a public nuisance. SEC. 6. Any person or corporation violating any of the Misdeprovisions of this Act, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punishable by a fine of not less than twenty-five dollars nor more than one hundred dollars for every offense. notice by a nuisance. meanor. Election reference to water supply. How called. Ballot, what to contain. Bonds. Interest. CHAPTER XXXVII. An Act to authorize municipal corporations of the fifth class, containing more than three thousand and less than ten thousand inhabitants, to obtain public waterworks. [Approved March 9, 1885.] The People of the State of California, represented in Senate and SECTION 1. The Trustees or Common Council of any municipal corporation of the fifth class, are hereby empowered to call a special election in said city, to submit to the qualified electors of said city a proposition to supply said city with public waterworks. SEC. 2. Said election may be called by said Trustees or Common Council, at any special or regular meeting of said body, after the passage of this Act. SEC. 3. Said election shall be conducted and carried on according to the general laws of the State of California, concerning elections in municipal corporations of the fifth class. SEC. 4. The Board of Trustees, or Common Council, shall cause to be prepared a sufficient number of ballots for said election; upon one half of said ballots shall be printed the words," For public waterworks," and on the remaining half of said ballots shall be printed the words, "Against public waterworks." SEC. 5. The result of said election shall be determined according to the rules of elections of municipal corporations of the fifth class; and if it appears that two thirds of all the ballots cast at said election bear the words "For public waterworks," then the Common Council, or Board of Trustees, shall have power and are hereby authorized to issue bonds of said municipal corporation, payable on the first day of January, nineteen hundred and five, unless previously redeemed as herein provided, to an amount not exceeding one hundred thousand dollars ($100,000). Said bonds shall bear interest at the rate of six (6) per cent per annum, payable semiannually, on the first day of January and the first day of July of each year. Said principal and interest shall be made payable at the office of the Treasurer of said municipal corHow signed. poration. Said bonds shall be signed by the presiding officer of said Common Council, or Board of Trustees, of said city, and the Treasurer thereof, and countersigned by the Clerk. The coupons of said bonds shall be numbered consecutively, and signed by the City Treasurer. Sinking SEC. 6. For the purposes of liquidating the said bonds, the Common Council, or Board of Trustees, is hereby authorized to levy, annually, a special tax from and after the year of the issue of said bonds, sufficient to pay the interest on said indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal amount of said bonds within twenty years after the issuance thereof. SEC. 7. Said bonds shall be sold or exchanged to raise money as required in the purchase, construction, or repairs of said work. advertise for SEC. 8. The money received from the sale of said water Water Fund. shall be deposited with the City Treasurer and kept in a separate fund, to be known as the Water Fund, which fund is to be used for all purposes connected with said waterworks. SEC. 9. Whenever there is in said Water Fund not less Treasurer to than five thousand dollars not required for the care, manage- redemption ment, or repairs of said public waterworks, said Common of bonds. Council, or Board of Trustees, shall require the Treasurer to publish notice in a newspaper of general circulation in said county, for the space of one month, that a certain sum of money (naming it) is in said fund for the redemption of said bonds, and that he will receive bids for the redemption of the same at not more than their par value, with interest due, until a day named, which shall be not less than one month after the last publication of the notice aforesaid. be redeemed SEC. 10. On the day named the bids shall be opened by Bonds not to the Treasurer and presiding officer of said Board, and the above par bids offering to surrender the bonds at the lowest sums, not value. more than their par value and interest due, shall be accepted. If enough bonds to consume all the funds are not redeemed, the Treasurer shall advertise as before to redeem bonds at par value and interest, commencing with the lowest numbers outstanding, to the amount of money on hand, and thirty days after the last publication the bonds named shall cease to bear interest. The Treasurer, on the order of the Board, shall pay the bonds redeemed either under the bids or the second notice. works are SEC. 11. The Common Council, or Board of Trustees, shall By whom manage and control said waterworks, and employ all labor, controlled. and purchase all materials, and appoint all agents for the care and management of and repair to the same. water. SEC. 12. If, at any time, all of said bonds shall be liqui- Income from dated, then said income from said waterworks shall be used for city purposes, as may seem proper to the Common Council or Board of Trustees thereof. CHAPTER XXXVIII. An Act to provide for analyzing the minerals, mineral waters, and other liquids, and the medicinal plants of the State of California, and of foods and drugs, to prevent the adulteration of the same. [Approved March 9, 1885.] The People of the State of California, represented in Senate and appoint State SECTION 1. The Governor of the State of California shall Governor to appoint one of the Professors of the State University of Cali- Analyst. fornia of sufficient competence, knowledge, skill, and experi State Board of Health, submit food, etc., may etc., for analysis. ence, as State Analyst, whose duty it shall be to analyze all articles of food, drugs, medicines, medicinal plants, minerals, and mineral waters, and other liquids or solids which shall be manufactured, sold, or used within this State, when submitted to him, as hereinafter provided. SEC. 2. The State Board of Health and Vital Statistics, or medical officers of health of any city, town, or of any city and county, or county, may, at the cost of their respective Boards or corporations, purchase a sample of any food, drugs, medicines, medicinal plants, mineral waters, or other liquids offered for sale in any town, village, or city in this State, and submit the same to the State Analyst as hereinafter provided; and said Analyst shall, upon receiving such article duly submitted to him, forthwith analyze the same, and give a certified certificate to the Secretary of the State Board of Health submitting the same, wherein he shall fully specify Certificate of the result of the analysis; and the certificate of the State Ahrima Analyst shall be held in all the Courts of this State as prima facie facie evidence of the properties of the articles analyzed by him. Duty of Analyst, evidence. Any person may submit analysis. SEC. 3. Any person desiring an analysis of any food, food, etc., for drug, medicine, medicinal plant, soil, mineral water, or other liquid, shall submit the same to the Secretary of the State Board of Health, together with a written statement of the circumstances under which he procured the article to be analyzed, which statement must, if required by him, be verified by oath, and it shall be the duty of the Secretary of the State Board of Health to transmit the same to the State Analyst, the expenses thereof to be defrayed by the said Board. State Analyst to report. State Board of Health SEC. 4. The State Analyst shall report to the State Board of Health the number of all the articles analyzed, and shall specify the results thereof to said Board annually, with full statement of all the articles analyzed, and by whom submitted. SEC. 5. The State Board of Health may submit to the State Analyst any samples of food, drugs, medicines, medicifood, ete, for nal plants, mineral waters, or other liquids, for analysis, as hereinbefore provided. analysis. Mineral ogist to sub SEC. 6. It shall be competent for the Mineralogist of the mi minerals State of California to submit to the State Analyst any minfor analysis. erals of which he desires an analysis to be made; provided, that the cost of the same shall be defrayed by the Mineralogical Bureau. Viticultural Commissioners may subunit wines and spirits for analysis. SEC. 7. The Board of State Viticultural Commissioners shall have the same privileges as are provided for the State Board of Health under this Act, with respect to samples of wines and grape spirits, and of all liquids and compounds in imitation thereof, and any person or persons desiring analyses of such products, shall submit the same to the Secretary of the said Board of State Viticultural Commissioners, and the same shall be transmitted to the State Analyst, in the manner prescribed in section three of this Act. The analyses shall be made, and the certificates of the State Analyst shall be forwarded to the Secretary of the said Board of State Viticultural Commissioners, and shall have the same force and effect as provided for in section two of this Act, with respect to analyses made for the State Board of Health. CHAPTER XXXIX. An Act regulating the height of division fences and partition walls in cities and towns. [Approved March 9, 1885.] The People of the State of California, represented in Senate and fence not to exceed ten height. SECTION 1. It shall be unlawful for any owner of real Partition property in any city or town in this State, or any person having possession thereof, to construct, erect, build, permit, or feet in maintain upon such premises, any fence or partition wall which shall exceed ten feet in height, without first obtaining a permit to do so from the Board of Supervisors or City Council of the city or town in which said fence or wall is to be erected and maintained. adjoining owner. SEC. 2. No permit to construct or maintain any fence or Consent of division partition wall having a greater height than ten feet, shall be granted by the Board of Supervisors or City Council of any city or town in this State, unless the person applying therefor, and to whom such permit is granted, shall first obtain and present to such Board of Supervisors or City Council the written consent of the person or persons having ownership and possession of the adjoining premises affected thereby; provided, that where such fence or wall is constructed around a public garden, or place of public resort where an admission fee is charged, no signature or consent of adjacent owners shall be required. SEC. 3. Any violation of section one of this Act shall be Misdedeemed a misdemeanor, and the person so offending shall be meanor. punished by a fine of not less than fifty nor more than five Penalty. hundred dollars, or by imprisonment in the county jail for not less than sixty days nor more than one year, or by both fine and imprisonment. |