Quorum of board. § 11. That three members of the board of examiners in veterinary medicine in the state of California shall constitute a quorum for the transaction of business at any meeting of the board, except as provided in section 9 of this act. § 12. That this act shall take effect immediately, and all laws in conflict with this act are hereby repealed. TITLE 548. ACT 4298. Incorporating, and providing for public schools therein. [Stats. 1873-74, p. 171.] Amended 1875-76, p. 119. Superseded by incorporating in 1900, under statute of 1883. АСТ 4299. [Quieting title to town lots in. Stats. 1877-78, p. 363.] АСТ 4304. TITLE 549. To define and enlarge the powers and duties of the state viticultural commissioners, to authorize the appointment of certain officers, and to protect the interests of horticulture and agriculture. [Stats. 1881, p. 51.] Enlarged 1885, p. 9. Repealed 1895, p. 235. Unconstitutional in part: Ex parte Cox, 63 Cal. 21. АСТ 4305. To enlarge the duties of the board of state viticultural commissioners. [Stats. 1885, p. 9.] Repealed 1895, p. 235. АСТ 4306. For the promotion of the viticultural industries of the state. [Stats. 1880, p. 52.] Enlarged 1881, p. 51; 1885, p. 9. Certain sections repealed 1895, p. 235. This act provided for the creation of viticultural districts and the appointment of viticultural commissioners. ACT 4307. An act for the protection of the viticultural interests of the state, and making an appropriation therefor. [Approved March 26, 1903. Stats. 1903, p. 522.] § 1. The regents and the president of the University of California are hereby directed to cause to be prosecuted with all possible diligence, in connection with and in addition to the work heretofore carried on by the agricultural experiment station, experimental and research work in the field of viticulture, including both cultural and industrial processes. They are directed to ascertain the adaptation of the various kinds of vines to the several climatic and soil conditions of the state, with the special reference to those stocks for propagating purposes, resistant to the phylloxera, and to further their adaptability and utility as grafting stocks for producing wine, raisin and table grapes. They are directed to ascertain the best methods of grafting and propagating said stocks and vines, together with the most important methods of vinification and the preparation, manufacture and application of yeasts in vinification and distillation. They are further directed to report upon the utilization of the by-products of the vineyard and winery, the study and treatment of the vine diseases and all matters appertaining to the viticultural industry, pertinent to the successful conduct of the business and that may be of general public interest, use and profit. They are further directed to publish the result of said experiments and investigations in form of bulletins from time to time, as may seem advisable, and not less than two bulletins showing the progress and result of the work, shall be issued in any fiscal year. § 2. The sum of three thousand dollars ($3,000) is hereby appropri ated out of any money in the treasury not otherwise appropriated, for the purpose of carrying into effect the provisions of this act; said money to be paid to the regents of the University of California, to be expended by them through the agricultural department of the university during the two years beginning July 1, 1903. The controller of the state is hereby directed to draw his warrant for such payments as requested by said regents of the state university of California, and the treasurer of the state is hereby directed to pay the same. §3. This act shall take effect and be in force from and after its passage. АСТ 4312. TITLE 550. WAGON ROAD CORPORATIONS. To provide for the formation of. [Stats. 1853, p. 114.] Citations. Cal. 122/338. This act was repealed by the later act of March 12, 1853. Stats. 1853, p. 169, in regard to the formation of wagon-road corporations, being inconsistent with it: See People ex rel. Waugh v. Auburn etc. Tp. Co., 122 Cal. 335. ACT 4317. TITLE 551. To authorize the keepers of warehouses to sell goods on storage after a certain period. [Stats. 1851, p. 170.] This act is probably superseded by the provisions of the code relating to stor age. In the absence of positive legislation it is difficult to determine what, if any, part of it is in force. ACT 4318. Relating to warehouse and wharfinger receipts and other matters pertaining thereto. [Stats. 1877-78, p. 949.] Codified by §§ 1858-1858f of Civil Code. See note to § 1858, Civil Code. Citations. Cal. 68/609, 610; 75/355; 108/140; 110/359; 111/380; 123/631. App. 1/491. АСТ 4319. An act concerning warehouse receipts, and the issuing, sale and transfer thereof, and the sale of goods, wares and merchandise stored in public or private warehouses in other states. [Approved March 20, 1905. Stats. 1905, p. 322.] See Civil Code, §§ 1858-1858f. warehouse receipts, post, Act 4320. See, also, Act of 1909, p. 437, regulating § 1. That it shall be unlawful for any corporation, firm or person, their agents or employees, to issue, sell, pledge, assign or transfer in this state, any receipt, certificate or other written instrument purporting to be a warehouse receipt, or in the similitude of a warehouse receipt, or designed to be understood as a warehouse receipt, for goods, wares or merchandise stored or deposited, or claimed to be stored or deposited, in any warehouse, public or private, in any other state, unless such receipt, certificate or other written instrument, shall have been issued by the warehousemen operating such warehouse. § 2. It shall be unlawful for any corporation, firm or person, their agents or employees, to issue, sell, pledge, assign or transfer in this state, any receipt. certificate or other written instrument for goods, wares or merchandise claimed to be stored or deposited, in any warehouse, public or private, in any other state, knowing that there is no such warehouse located at the place named in such receipt, certificate or other written instrument, or if there be a warehouse at such place, knowing that there are no goods, wares or merchandise stored or deposited therein as specified in such report, certificate or other written instrument. § 3. It shall be unlawful for any corporation, firm or person, their agents or employees, to issue, sign, sell, pledge, assign or transfer, in this state, any receipt, certificate or other written instrument evidencing. or purporting to evidence, the sale, pledge, mortgage or bailment of any goods, wares or merchandise stored or deposited, or claimed to be stored or deposited, in any warehouse, public or private, in any other state, unless such receipt, certificate or other written instrument shall plainly designate the number and location of such warehouse, and shall also set forth therein a full, true and complete copy of the receipt issued by the warehouseman operating such warehouse wherein such goods, wares or merchandise are stored or deposited, or are claimed to be stored or deposited: Provided, that the provisions of this section shall not apply to the issue, signing, sale, pledge, assignment or transfer of bona fide warehouse receipts issued by the warehouseman operating public or bonded warehouses in other states, according to the laws of the state wherein such warehouses may be located. § 4. Every corporation, firm or person, or agent, or employee, who shall knowingly violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than fifty nor more than one thousand dollars, to which may be added imprisonment in the county jail for any period not exceeding six months. ACT 4320. An act to make uniform the law of warehouse receipts. Receipts, who may issue. § 1. Warehouse receipts may be issued by any warehouseman. What receipt must embody. Liability for omission. § 2. Warehouse receipts need not be in any particular form, but every such receipt must embody within its written or printed terms— (a) The location of the warehouse where the goods are stored, (b) The date of issue of the receipt, (c) The consecutive number of the receipt, (d) A statement whether the goods received will be delivered to the bearer, or to a specified person, or to a specified person or his order, (e) The rate of storage charges, (f) A description of the goods or of the packages containing them. (g) The signature of the warehouseman, which may be made by his authorized agent, (h) If the receipt is issued for goods of which the warehouseman is owner, either solely or jointly or in common with others, the fact of such ownership, and (i) A statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien. If the precise amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof is sufficient. A warehouseman shall be liable to any person injured thereby, for all damage caused by the omission from a negotiable receipt of any of the terms herein required. Insertion of other conditions. §3. A warehouseman may insert in a receipt, issued by him, any other terms and conditions, provided that such terms and conditions shall not (a) Be contrary to the provisions of this act. (b) In anywise impair his obligation to exercise that degree of care in the safekeeping of the goods intrusted to him which a reasonably careful man would exercise in regard to similar goods of his own. Non-negotiable receipt. § 4. A receipt in which it is stated that the goods received will be delivered to the depositor, or to any other specified person, is a nonnegotiable receipt. Negotiable receipt. § 5. A receipt in which it is stated that the goods received will be delivered to the bearer, or to the order of any person named in such receipt is a negotiable receipt. No provision shall be inserted in a negotiable receipt that is non-negotiable. Such provision, if inserted, shall be void. Duplicates shall be so marked. § 6. When more than one negotiable receipt is issued for the same goods, the word "duplicate" shall be plainly placed upon the face of every such receipt, except the one first issued. A warehouseman shall be liable for all damage caused by his failure so to do anyone who pur chased the subsequent receipt for value supposing it to be an original, even though the purchase be after the delivery of the goods by the warehouseman to the holder of the original receipt. Non-negotiable shall be marked. § 7. A non-negotiable receipt shall have plainly placed upon its face by the warehouseman issuing it, "non-negotiable," or "not negotiable." In case of the warehouseman's failure so to do, a holder of the receipt who purchased it for value supposing it to be negotiable, may, at his option, treat such receipt as imposing upon the warehouseman the same liabilities he would have incurred had the receipt been negotiable. This section shall not apply, however, to letters, memoranda, or written acknowledgments of an informal character. Rights of holder of receipt. § 8. A warehouseman, in the absence of some lawful excuse provided by this act, is bound to deliver the goods upon a demand made either by the holder of a receipt for the goods or by the depositor, if such demand is accompanied with (a) An offer to satisfy the warehouseman's lien, |