time more than one place for holding auction; and every such auctioneer, before acting as such, must file with the clerk of the county in which such city is situated a writing signed by him designating such place, and naming therein the partners, if any, engaged with him in business. En. March 12, 1872.

§ 3303. To sell at no other place. No auctioneer must expose to sale any articles at any other place than that so designated, except goods sold in original packages as imported, household furniture, and such bulky articles as have usually been sold in warehouses, or in the public streets, or on the wharves. En. March 12, 1872.

§ 3304. Power of city authorities. The common council or other corresponding authority of each city may desig nate such place or places therein for the sale by auction of horses, carriages, and household furniture, as they deem expedient. En. March 12, 1872.

§ 3305. Book for live stock. Every auctioneer who sells any animal of the horse kind, or any mules, must keep a book, in which he must register the name of each and every person bringing or offering any horse or mule to be sold, and the name of the person purchasing such horse or mule, together with the date of such sale, and a description of each horse or mule sold, together with the marks and brands. The book is a public record, subject to the inspection of any person desiring to inspect the same. En. March 12, 1872.

§ 3306. Book of sales. Each auctioneer must keep a book, in which he must enter all sales, showing the name of the owner of the goods sold, to whom sold, and the amount paid, and the date of each sale, which book must at all times be open for the inspection of any person interested therein. En. March 12, 1872.

$ 3307. Advertisement of auction sales in San Francisco. Every auctioneer in the city of San Francisco must, under his own name, give previous notice in one or more of the public newspapers printed in that city of every auction sale made by him; and in case he is connected with any person or firm, his name must in all cases pre

cede, separately and individually, the name of such person or the title of the firm. En. March 12, 1872.

§ 3308. Evening sales in San Francisco and Sacramento. All sales of goods by public auction in the cities of San Francisco and Sacramento must be made in the day-time, between sunrise and sunset, excepting:

1. Books, prints, or paintings;

2. Goods sold in the original package as imported, according to a printed catalogue, of which samples must have been opened and exposed to public inspection at least one day previous to the sale. En. March 12, 1872.

No

$3309. Commissions, and penalty of overcharge. auctioneer must demand or receive a higher compensation for his services than a commission of one per cent on the amount of any sales, public or private, made by him, unless by virtue of a previous agreement in writing between him and the owner or consignee. Every auctioneer who violates this section, in addition to the criminal penalty, forfeits to the party aggrieved two hundred and fifty dollars, and must refund the excess of charge. En. March 12, 1872.

§ 3310. Quarterly report of sales. Every auctioneer must quarterly make to the county auditor a report, under oath, showing:

1. The aggregate amount of auction sales made by him for the preceding quarter, designating the months and the amount for each month;

2. The days of each month on which auction sales were made, and the character of property sold by him during each month;

3. The amount of all private sales made, and the day on which they were made;

4. A statement of any partner, clerk, or other employee connected with him in his business, and what sales, if any, have been conducted by them, and why; and

5. The particular place where his business is conducted. En. March 12, 1872.

False report or neglect to make any report, penalty for: Post, sec. 3322.

Pal. Code-32

ARTICLE III.

FRAUDS AND PENALTIES.

3322. Penalty for not reporting, or reporting falsely. Penalties, how recovered, and for what.

3323.

§ 3322. Penalty for not reporting, or reporting falsely. For every false report made, and for every neglect to make the report required in the preceding article, the auctioneer thereby forfeits the sum of two hundred and fifty dollars, to be recovered on his bond. En. March 12, 1872.

Penal provisions concerning auctions: See Pen. Code, secs. 436, 535.

§ 3323. Penalties, how recovered, and for what. The penalties imposed by the provisions of this chapter, not otherwise appropriated, must be prosecuted for by the district attorney of the proper county, the moneys recovered to be paid to the county treasurer for the use of the general fund of the county. En. March 12, 1872.

§ 3324. Action on bond. Any one aggrieved or damaged by any act of an auctioneer, in violation of or contrary to the provisions of this chapter, has an action against him and his bondsmen on his official bond therefor. En. March 12, 1872.

§ 3335.

3336.

3337.

3338.

3339.

3340.

3341.

§ 3342.

§ 3343.

§ 3344.

§ 3345.

§ 3335.

CHAPTER XIV.

FIRES AND FIREMEN.

Fire companies, how organized.

To elect officers and adopt by-laws.

Firemen, what exempt from.

Exempt certificate, by and to whom issued.

County clerk may issue exempt certificates, when.

Seal of department, who to use and keep.

Record and certificate of exemption.

Duties of chief of fire department.

Chief to attend fires and preserve property.
Setting woods on fire.

Extinguishing fire in woods.

Fire companies, how organized. Fire companies in incorporated cities and towns are formed and organized under special laws, or under authority conferred upon the city or town government. Those in incorporated towns and villages are organized by filing, with the recorder of

the county in which they are located, a certificate in writing, signed by the foreman or presiding officer and secretary, setting forth the date of the organization, name, officers, and roll of active and honorary members, which certificate and filing must be renewed every six months. There shall not be allowed to any such cities, towns, or villages, more than one company for each one thousand inhabitants, but one company shall be allowed in any city, town, or village where the population is less than one thousand. There shall not be allowed to any engine company more than sixty-five certificate members, to any hook and ladder company more than sixty-five certificate members, to any hose company more than twenty-five certificate members. En. March 12, 1872. Am'd. 1877-8, 61.

Cal.Rep.Cit. 100, 263.

Fire department and commissioners in unincorporated towns and villages, act providing for: See post, Appendix, title Fire Department.

Yearly vacations to members: See post, Appendix, title Fire Department.

Premiums by foreign insurance companies for benefit of disabled firemen: See post, Appendix, title Fire Depart

ment.

Pensions for disabled firemen: See post, Appendix, title Fire Department.

Exempt firemen's fund and act for, enrollment of exempt firemen: See post, Appendix, title Fire Department. Act relating to increasing efficiency of department in certain cities: See post, Appendix, title Fire Department.

§ 3336. To elect officers and adopt by-laws. Every such fire company must chose or elect a foreman, who is the presiding officer, and a secretary and treasurer, and may establish and adopt by-laws and regulations, and impose penalties, not exceeding five dollars or expulsion for each offense. En. March 12, 1872.

Cal.Rep.Cit. 100, 263.

§ 3337. Firemen, what exempt from. The officers and members of unpaid fire companies regularly organized, and exempt firemen, are entitled to the following privileges and exemptions, viz.: Exemption from payment of poll tax, road tax, and head tax of every description; exemption

from jury duty; exemption from military duty, except in case of war, invasion or insurrection. En. March 12, 1872.

Am'd. 1877-8, 62.

Cal.Rep.Cit. 123, 499.

§ 3338. Exempt certificate, by and to whom issued. Every fireman who has served five years in an organized fire company in this state is an "exempt fireman," and must receive from the chief engineer of the department to which he belongs a certificate to that effect. Every active fireman must have a certificate of that fact, signed by the chief of the fire department or the foreman of the company to which he belongs; such certificates must be countersigned by the secretary, and over the seal of the company, if one is provided. Either certificate entitles the holder to exemption from military and jury duty. En. March 12, 1872.

Cal.Rep.Cit. 123, 499.

False certificate of exemption, issuance is misdemeanor: Pen. Code, sec. 649.

§ 3339. County clerk may issue exempt certificates, when. In lieu of issuing certificates to exempt firemen by the chief of the fire department, as 'provided in the last section, on the certificate of the foreman and secretary of any fire company, or the chief of the department, provision being made therefor in the by-laws of the company, "exempt certificates" may be issued by the clerk of the county, over his official seal and signature, which entitles the holder to like exemption from military and jury duty. En. March 12, 1872.

§ 3340. Seal of department, who to use and keep. Every fire department regularly organized may adopt a department seal, having upon it the arms of the state and the name of the particular fire department to which it belongs, which must be under the control of and for the use of the secretary, and be by him affixed to exempt certificates, certificates of active membership, and such other documents as the by-laws may provide. The secretary of every department having a seal must take the constitutional oath of office and give such bond as the by-laws provide for the faithful performance of his duties. En. March 12,