§ 3247. § 3250. Recovery for labor over twelve hours daily. Form of complaint. Provisions applicable to contracts to labor. Hours of labor on street-cars. Penalty for violation. § 3244. Eight hours a day's work. Eight hours of labor constitutes a day's work, unless it is otherwise expressly stipulated by the parties to a contract, except those contracts within the provisions of sections three thousand two hundred and forty-six, three thousand two hundred and forty-seven, and three thousand two hundred and forty-eight of this code. [Amendment approved 1887; Stats. 1887, p. 101.] Legislation § 3244. 1. Enacted March 12, 1872; based on Stats. 1867-68, p. 63, § 1. 2. Amended by Stats. 1887, p. 101. § 3245. Same, on public works. Eight hours' labor constitute a legal day's work in all cases where the same is performed under the authority of any law of this state, or under the direction, control, or by the authority of any officer of this state acting in his official capacity, or under the direction, control, or by the authority, of any municipal corporation within this state, or of any officer thereof acting as such; and a stipulation to that effect must be made a part of all contracts to which the state or any municipal corporation therein is a party. Hours of labor: See Gen. Laws, tit. "Hours of Labor." Legislation § 3245. Enacted March 12, 1872; based on Stats. 1867-68, p. 63, § 2. § 3246. Twelve hours on street-cars. Twelve hours' labor constitutes a day's work on the part of the drivers, and conductors, and gripmen of street-cars for the carriage of passengers. Any contract for a greater number of hours' labor in one day shall be and is void, at the option of the employee, without regard to the terms of employment, whether the same be by the hour, day, week, month, or any other period of time, or by or according to the trip or trips that the ear may, might, or can make between the termini of the route, or any less distance thereof. Any and every person laboring over twelve hours in one day as driver, or conductor, or gripman, on any street-railroad, shall receive from his employer thirty cents for each hour's labor over twelve hours in each day. Hours of labor on street-cars: See post, § 3250. Legislation § 3246. Added by Stats. 1887, p. 101. § 3247. Recovery for labor over twelve hours daily. In actions to recover the value or price of labor under section three thousand two hundred and forty-six of this code, the plaintiff may include in one action his claim for the number of days, and the number of hours' work over twelve hours in each day, performed by him for the defendant, and the court shall exclude all evidence of agreement to labor over twelve hours in one day for a less price than thirty cents, and the court shall exclude any receipt of payment for hours of labor over twelve hours in one day, unless it be established that at least thirty cents for each hour of labor over twelve hours in one day has been actually paid, and a partial payment shall not be deemed or considered a payment in full. There is another section of this number. See next section. § 3247. Preference in purchase of supplies. Any person, committee, board, officer, or any other person charged with the purchase, or permitted or authorized to purchase supplies, goods, wares, merchandise, manufactures, or produce, for the use of the state, or of any of its institutions or offices, or for the use of any county or consolidated city and county, or city, or town, shall always, price, fitness, and quality equal, prefer such supplies, goods, wares, merchandise, manufactures, or produce as has been grown, manufactured, or produced in this state, and shall next prefer such as have been partially so manufactured, grown, or produced in this state. All state, county, city and county, city or town officers, all boards, commissions, or other persons charged with advertising for any such supplies, shall state in their advertisement that such preferences will be made. In any such advertisement no bid shall be asked for any article of a specific brand or mark nor any patent apparatus or appliances, when such requirement would prevent proper competition on the part of dealers in other articles of equal value, utility, or merit. There is another section of this number. See prior section. § 3248. Form of complaint. In actions under sections [section] three thousand two hundred and forty-six of this code the complaint may be in the following form: Title of case and venue. Plaintiff complains of defendant, and for cause of action states: That between (stating first and last dates) he worked for defendant as conductor, driver, or gripman, on defendant's street-railroad, in (stating place), for (stating number of days), at the agreed rate of (stating price) per day, week, or month, and for such labor defendant has paid plaintiff the sum of (stating sum due), due plaintiff from defendant for said labor. The plaintiff further states that during the said period of time he worked for defendant as such (conductor, driver, or gripman), on sundry days, and performed (stating number of hours) hours' work in excess of twelve hours in one day, for which there is due plaintiff from defendant the sum of (stating the sum due) and costs. Signed Legislation § 3248. Added by Stats. 1887, p. 102. § 3249. Provisions applicable to contracts to labor. The provisions of sections three thousand two hundred and forty-seven and three thousand two hundred and forty-eight of this code are applicable to every contract to labor made by the persons named in section three thousand two hundred and forty-six. Legislation § 3249. Added by Stats. 1887, p. 102. § $250. Hours of labor on street-cars. Penalty for violation. No person shall be employed as conductor, or driver, or gripman, on any street-railroad, for more than twelve hours in one day, except as in this act provided, and any corporation, or company, or owner, or agent, or superintendent, who knowingly employs any person in such capacity for more than twelve hours in one day, in violation of the terms of this act, shall forfeit the sum of fifty dollars as a penalty for such offense, to the use of the person prosecuting any action therefor, and any number of forfeits may be prosecuted in one action. Hours of labor on street-cars: See ante, § 3246. § 3260. "Daytime" and "night-time" defined. § 3255. Time, how computed. Time is computed according to the Gregorian or new style; and the first day of January in every year passed since seventeen hundred and fifty-two, or to come, must be reckoned as the first day of the year. Legislation § 3255. Enacted March 12, 1872. § 3256. Leap-year. The several years one thousand nine hundred, two thousand one hundred, two thousand two hundred, two thousand three hundred, or any other, future hundredth year, of which the year two thousand is the first, except only every fourth hundredth year, are not leap years, but common years of three hundred and sixty-five days; and the years two thousand, two thousand four hundred, two thousand eight hundred, and every other fourth hundredth year from the year two thousand, inclusive, and also every fourth year, except as above mentioned, which, by usage, in this state is considered a leap-year, is a leap-year consisting of three hundred and sixty-six days. Legislation § 3256. Enacted March 12, 1872. § 3257. The year and its parts. The term "year" means a period of three hundred and sixty-five days; a half year, one hundred and eightytwo days; a quarter of a year, ninety-one days, and the added day of a leap-year, and the day immediately preceding, if they occur in any such period, must be reckoned together as one day. Fiscal year, act providing for change of: See act approved March 26, 1895; Stats. 1895, p. 128. Legislation § 3257. Enacted March 12, 1872. § 3258. The week. A week consists of seven consecutive days. § 3259. The day. A day is the period of time between any midnight and the midnight following. Legislation § 3259. Enacted March 12, 1872. § 3260. "Daytime" and "night-time" defined. "Daytime" is the period of time between "sunrise" and "sunset," and "night-time" is the period of time between "sunset" and "sunrise." Legislation § 3260. Enacted March 12, 1872. § 3272. Money of account. The money of account of this state is the dollar, cent, and mill. Public accounts and all proceedings in courts must be kept and had in conformity to this regulation. Legislation § 3272. Enacted March 12, 1872; based on Stats. 1850, p. 459, § 1. § 3273. Limitation on preceding section. The provisions of the preceding section do not vitiate or affect any account, charge, or entry originally made, or any note, bond, or other instrument expressed in any other money of account; but the same must be reduced to dollars, or parts of dollars, in any suit thereupon. Legislation § 3273. Enacted March 12, 1872; based on Stats. 1850, p. 459, § 2. § 3274. Amount, how stated in judgments, etc. In judgments and executions the amount thereof must be computed and stated as near as may be in dollars and cents, rejecting fractions. Legislation § 3274. Enacted March 12, 1872; based on Stats. 1850, p. 459, § 3. § 3289. Renewal for how long; exceeding class by sales. § 3290. Not to transfer license. § 3291. Auctioneers ex officio. § 3292. Assistant, who may be and when. § 3284. Who may become auctioneers and how. Any citizen of this state may become an auctioneer for the county in which he resides, and is authorized to sell real and personal property at public auction, on giv ing a bond in accordance with the provisions of this article for the faithful performance of his duties, and on the payment of the license therefor. Auctioneer: 1. Authority of: See Civ. Code, §§ 2362, 2363. 2. Illegally acting as, is misdemeanor: Pen. Code, § 436. Auction, sale by: 1. What is, and rights and liabilities on: Civ. Code, §§ 1792-1798. 2. Of delinquent stock: Civ. Code, §§ 341 et seq. 3. Of pledged property: Civ. Code, § 3005. 4. Mock, punishment and forfeitures of license for: Pen. Code, $535. Legislation § 3284. Enacted March 12, 1872; based on Stats. 1859, p. 352, § 1. § 3285. The bond, sureties, approval, and filing. The bond must be conditioned to be paid to the people of the state of California, with one or more sureties, in the sum of five thousand dollars, and approved by the judge of the superior court of the county in which the auctioneer proposes to do business, and must be filed in the office of the county clerk of the county. [Amendment approved 1880; Code Amdts. 1880, p. 23.] Legislation § 3285. 1. Enacted March 12, 1872; based on Stats. 1859, p. 352, § 2. 2. Amended by Code Amdts. 1880, p. 23. § 3286. Government goods are exempt. No auctioneers' license is required for the selling of any goods at public sale belonging to the United States, or to this state, or for the sale of property by virtue of any process issued by any state or Federal court. Legislation § 3286. Enacted March 12, 1872; based on Stats. 1859, p. 354, § 5. § 3287. Original applications, how classified. Every original application for auctioneers' license must be accompanied with a verified statement of the amount of sales proposed to be made monthly, and the license charge must be for the first quarter classified thereby. Carrying on business without a license is misdemeanor: Pen. Code, § 435. Amount of license for various classes of auctioneers: Post, § 3376. § 3288. Renewal of license. Every auctioneer applying to the taxcollector for a renewal of his license must accompany the application with a statement, under oath, setting forth that his average receipts per month on account of sales during the preceding quarter did not exceed the amount specified in the class of license for which he applies. The tax-collector must provide blank forms of affidavit for that purpose, and administer the oath required to such applicants without charge. Legislation § 3288. Enacted March 12, 1872; based on Stats. 1859, p. 354, § 6. § 3289. Renewal for how long; exceeding class by sales. After the first quarter licenses may be issued for the class fixed for a term not exceeding one year, at the option of the auctioneer. No auctioneer must exceed the amount of sales of the class in which his license is fixed. |