visions, so far as the same are applicable thereto. When the population of any existing county shall have been reduced, by reason of the creation of any new county from the territory thereof, below the class and rank first assumed hereunder, it shall be the duty of the board of supervisors of such county to designate by order the class to which such county has been reduced by reason thereof, and such county shall thereafter enter the list of such class; provided, that the salary of county officers shall not be affected by reason of such division of the county or order of the board, for the term for which they were elected and qualified. In any newly created county, for the purpose of fixing the salaries and fees of county and township offices, the board of commissioners appointed to organize said new county, and if no commissioners be appointed, then the board of supervisors of said new county, shall classify said new county according to the population classification of this act. In each case the population shall be numerically fixed, and when so fixed shall be certified to the secretary of state by the board fixing the same.

§ 232. All acts and parts of acts inconsistent with this act are hereby repealed.

§ 233. The provisions of sections one hundred and fifty-eight to two hundred and fourteen, inclusive, of this act, so far as they change the compensation of any officer therein named, heretofore paid a fixed salary, or heretofore paid a fixed salary and commissions, and not fees or per diem, shall not affect incumbents, unless otherwise provided in any of said sections.

§ 234. This act, except as otherwise herein provided, shall take effect and be in force sixty days from and after its passage.

TITLE 121.
COURTS.

ACT 812.

Regulating practice in supreme court. [Stats. 1871-72, p. 391.]
Superseded by the constitution of 1879.

ACT 843.

Determining who must act as chief justice of the supreme court. [Stats. 1871-72, p. 364.]

Superseded by the constitution of 1879.

ACT 844.

To transfer records, etc., from the courts existing prior to 1879. [Stats. 1880, p. 2.]

АСТ 845.

Authorizing judges of superior court in counties, and cities and counties, having a population of two hundred thousand or over, to appoint a secretary. [Stats. 1895, p. 98.]

Amended 1909, p. 940.

ACT 846.

To confer upon the superior court of each county powers heretofore possessed by the district, county and probate court. [Stats. 1880, p. 23.]

ACT 817.

An act to authorize the district court of appeal for the second district to provide proper rooms in which to hold court and for the proper accommodation of its officers and library, and authorizing the presiding justice to enter into contracts or leases therefor; and providing for an appropriation of money therefor. [Approved March 21, 1907. Stats. 1907, p. 846.]

ACT 851.

TITLE 122.
COYOTE SCALPS.

Fixing a bounty on coyote scalps. [Approved March 31, 1891. Stats. 1891, p. 280.]

Repealed 1895, p. 1.

Citations. Cal. 106/116, 120, 125; 141/355; 144/683, 686, 689, 693, 694,

To incorporate. [Stats. 1854, p. 197.]

Amended 1857, pp. 56, 225; 1858, p. 233.

ACT 857.

Authorizing location of townsite of. [Stats. 1859, p. 24.] Amended 1860, p. 279; 1862, p. 226.

ACT 858.

Ceding lands to. [Stats. 1867-68, p. 335.]

Amended 1869-70, p. 131.

This act granted to Crescent City its waterfront.

ACT 859.

Relating to the road, poll and property tax in. [Stats. 1877-78, p.

204.]

An act to create a state bureau of criminal identification, providing for the appointment of a director of said bureau, defining his duties, qualifications and powers, providing for the appointment of a clerk

of said bureau, and fixing his qualification, fixing the compensation of said director and clerk, and providing for the manner of paying the same, and providing for the expense of conducting the office. [Approved March 20, 1905. Stats. 1905, p. 520.]

Code commissioners say this act was codified by § 1572 et seq., Penal Code, as adopted in 1907.

АСТ 864.

To abolish public executions. [Stats. 1858, p. 192.]
Superseded by Penal Code, § 1229.

TITLE 125.

CRUELTY TO ANIMALS.

АСТ 869.

For the more effectual prevention of cruelty to animals. [Stats. 1867-68,

p. 604.]

Continued in force, Penal Code, § 23; Political Code, § 19; but repealed by act of 1873-74, p. 502.

АСТ 870.

Providing for the more effectual prevention of cruelty to animals. [Stats. 1871-72, p. 393.]

Repealed 1873-74, p. 502.

ACT 871.

For the more effectual prevention of cruelty to animals. [Stats. 1873-74, p. 499.]

Amended 1901, p. 285; 1903, p. 69; 1905, p. 498.
See notes in Appendix, Penal Code, p. 1999.

Codified.

ACT 872.

An act to prohibit the use of the bristle bur, tack bur, or other like devices on horses or other animals in this state.

[Approved March 13, 1903. Stats. 1903, p. 139.]

§ 1. It shall be unlawful hereafter in this state for anyone, owner, driver or other person, having the care, custody or control of any horse or other animal, to use what is known as the bristle bur, tack bur, or other like device, by whatsoever name known or designated, on any said horse or other animal for any purpose whatsoever.

§ 2. A violation of the provisions of this act shall be deemed a misdemeanor and anyone found guilty thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred and fifty dollars, or by imprisonment in the county jail not less than ten nor more than one hundred and seventy-five days, or may be punished by both such fine and imprisonment.

§3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

§ 4. This act shall take effect and be in force from and after its passage.

See tit. "Infancy," post.

CRUELTY TO CHILDREN.

TITLE 126.
DAIRIES.

ACT 875.

An act to prohibit adulteration and deception in the sale of dairy products, defining adulteration in dairy products, to establish standards of quality in dairy products and to provide for enforcing its provisions. [Approved March 15, 1907. Stats. 1907, p. 265.] Amended 1909, p. 1088.

This act appears in full in Appendix, Penal Code, p. 2019.

Citations. Cal. App. 8/297, 298.

ACT 876.

An act to prevent the sale of dairy products from unhealthy animals and produced under unsanitary conditions; to provide for the inspection of dairy stock, dairies, factories for the production of dairy products and places where dairy products are handled and sold; to improve the quality of dairy products of the state; to prevent deception in the sale of dairy products and to appropriate money for enforcing its provisions.

[Approved March 20, 1905. Stats. 1905, p. 462.] See, also, Stats. 1907, p. 265; ante, Act 875.

§ 1. No person or persons, firms or corporations, by themselves or their agents or employees, shall sell, expose for sale or offer for sale, or exchange, present or deliver to any creamery, cheese factory, milk condensing factory, or any other buyer or consumer, any unclean, unwholesome, stale, impure milk, cream, butter, condensed or evaporated milk or other article produced from such milk or cream. Neither shall any person or persons, firms or corporations, by themselves or their agents or employees, sell, expose for sale, or offer for sale, or exchange, present or deliver to any consumer, creamery, cheese factory, milk condensing factory, or any other buyer or consumer, any milk, cream, butter, cheese, condensed milk or other products manufactured therefrom, which has been produced in or by a dairy, or factory of dairy products, or that is, or has been, handled in any store or depot that is in an unsanitary condition, or that is produced from cows affected by any disease or from cows within five days after or fifteen days preceding parturition.

§ 2. A dairy shall be deemed unsanitary under the meaning of this act when, among other causes that render milk, or products made therefrom, unclean, unwholesome, impure, and unhealthy,

(b) If the drinking water is stagnant, polluted with manure, urine, drainage, decaying vegetable or animal matter.

(c) If the yards or inclosures are filthy or unsanitary, or if any part of such yards or inclosures, other than pastures, are made the depositories of manure in heaps or otherwise where it is allowed to ferment and decay.

If the walls become soiled with manure, urine or other filth.

(g) If to the interior of cattle stables, barns or milking sheds an application of lime whitewash is not made at least once in two years, or if the mangers, or other receptacles from which cows are fed, decaying food or other material is allowed to accumulate.

(i) If the pails, cans, bottles or other containers of milk, or its products, strainers, coolers or other utensils coming in contact with milk or its products are not sterilized by boiling water or superheated steam each and every time the same are used.

(j) If the person or wearing apparel of the dairyman, his employees, or other persons, who come in contact with milk and its products are soiled or not washed from time to time.

§ 3. A creamery or any factory of dairy products or any store, depot or other place where milk is handled or kept for sale shall be deemed unsanitary under the meaning of this act when, among other causes that render milk, or products made therefrom, unclean, unwholesome, impure, stale or of low grade or inferior quality.

(a) If milk or cream is received that has reached an advanced stage of fermentation, or that shows a state of putrefactive fermentation, or if it is received in cans or other containers that have not been sterilized by means of boiling water or superheated steam after each delivery. (b) If the utensils and apparatus that comes in contact with milk or its products in process of manufacture are not thoroughly washed and sterilized by means of boiling water or superheated steam.

(c) If the floor is so constructed that permits the flowing or soaking of water, milk or other liquids underneath or among the interstices of such floor where fermentation and decay may take place, or if such floor may not be readily kept free from dirt.

(d) If drains are not provided that will convey refuse milk, water and sewage at least fifty yards from such creamery or factory of dairy products, or if any cesspool, privy vault, hog-yard, slaughter-house, manure or any decaying vegetables or animal matter shall be within a distance that will permit foul odors from reaching any creamery or other factory of dairy products or store or depot where milk or its products is sold or handled.

(e) If such creamery or factory of dairy products does not permit access of light and air sufficient to secure good ventilation.

(f) If any building or buildings used in connection with any creamery, or factory of dairy products, any insects or other species of animal life are permitted, or if upon the floor, the sides and walls any milk or its products, or if any other filth is allowed to accumulate and ferment and decay, or if the bodies or wearing apparel of persons em.