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136/378; 138/272, 273; 141/397; 143/172, 173; 144/267, 268; 152/480. App. 5/64.

"Unconstitutional as to the requirement of a deposit on the appraised valua tion of estates (Fatjo v. Pfister, 117 Cal. 83); also in so far as it provides that justices shall retain fees for their own use (Reid v. Grozinger, 115 Cal. 551); also as to the amount of justices' fees generally (Dwyer v. Parker, 115 Cal. 544; See Conley v. Calaveras Co., 121 Cal. 482); also as to constables in counties of the thirty-fourth class (Kiernan v. Swan, 131 Cal. 410)."-Code Commissioner's Note.

This act superseded by §§ 4300, 4300a-4300k, 4301, Political Code. АСТ 1124.

An act for the payment of the fees due to trial jurors, who have served as such in the superior court of any county or city and county of this state, under the act of 1895. [Approved March 23, 1901. Stats. 1901, p. 684.]

ACT 1125.

An act forbidding the payment of municipal officers out of the funds of the county.

[Approved March 8, 1905. Stats. 1905, p. 88.]

§ 1. In no case shall the fees of a city justice of the peace, town or eity recorder or city or town marshal, for services in any criminal action, be a charge against the county.

ACT 1129.

ACT 1134.

TITLE 164.
FELTON.

Incorporating. [Stats. 1877-78, p. 185.]

TITLE 165.
FENCES.

Concerning lawful fences. [Stats. 1850, p. 131.] "Repealed as to many counties by the statute of 1855, p. 154, from which however, Amador, Butte, Calaveras, Colusa, Klamath, Nevada, Placer, San Bernardino, San Diego, Santa Barbara, Shasta, Siskiyou, Trinity, Tuolumne, and Yuba counties were omitted. The statute of 1855 was afterwards amended to include Butte, Calaveras, and Nevada. Special acts were passed relating to other counties, but the statute of 1850 has apparently not been repealed as to Amador, Klamath, San Diego, Santa Barbara, Siskiyou, and Trinity counties."Code Commissioner's Note.

ACT 1135.

Concerning lawful fences. [Stats. 1855, p. 154.] Amended 1858, p. 123; 1861, pp. 510, 513; 1863-64, p. 465. 1860, p. 141.

Supplemented

This act excepted from its operation the counties of Butte, Amador, Tuolumne, Calaveras, San Diego, Nevada, San Bernardino, Colusa, Placer, Santa Barbara, Yuba, Trinity, Shasta, Klamath, and Siskiyou.

Gen. Laws-24

This act and the supplementary act of 1860, p. 141, were continued in force by the Political Code, § 19, and consequently the counties to which they apply are not subject to the provisions of § 841 of the Civil Code. (Meade v. Watson, 67 Cal. 591. See, also, Gonzales v. Wasson, 51 Cal. 295.)

ACT 1136.

Lawful fences, supplementing statute concerning. [Stats. 1860, p. 141.]

АСТ 1137.

Concerning lawful fences in San Bernardino, Colusa, Shasta, Tehama, and Placer counties. [Stats. 1859, p. 279.]

Extended to Yuba County, 1863, p. 357. This latter act repealed, Stats. 1871-72, p. 700.

ACT 1138.

Division fences, construction of. [Stats. 1875-76, p. 175.]

Amended 1877-78, p. 765. Repealed, as to San Mateo County, 1877-78, p. 1019.

This act applied to the counties of Sacramento, Solano, Sutter, Yuba, Butte, Contra Costa, San Joaquin (parts of), Amador, San Luis Obispo, Santa Barbara, Ventura, Tulare, El Dorado, Tuolumne, San Mateo, and Nevada.

ACT 1139.

Regulating the height of division and partition fences in cities. [Stats. 1885, p. 45.]

Citations. Cal. 118/343.

Fences wholly on the land of their owner excluded therefrom: Western etc. Co. v. Knickerbocker, 103 Cal. 111.

ACT 1140.

To prevent persons from passing through inclosures and leaving them open, and tearing down fences to make passage through inclosures. [Stats. 1871-72, p. 384.]

See 7, 1875-76, p. 408; 1877-78, pp. 49, 776.

Citations. Cal. 108/347.

Certain counties were exempted from the provisions of this act: See post, Act 1593, note.

Codified by § 602 of Penal Code, subd. 8.

ACT 1141.

To prevent the leaving open of inclosures and hunting on inclosed lands. [Stats. 1875-76, p. 408.]

Amended 1877-78, pp. 49, 776.

Many sections codified: See post, Acts 1577, notes, and 1593, note.

АСТ 1146.

TITLE 166.
FERRIES.

Concerning public ferries and toll bridges.

[Stats. 1855, p. 183.] Amended 1861,

Supplemented 1861, p. 18; 1862, p. 247; 1869-70, p. 887.

p. 307; 1863, pp. 720, 747, 758; 1863-64, p. 192; 1867-68, p. 77; 1873-74, p. 581. Superseded by Political Code, § 2843 et seq.

Citations. Cal. 7/115.

ACT 1147.

An act relating to ferries across navigable rivers separating counties, and empowering the boards of supervisors of such counties to establish and maintain ferries across such rivers, and to pay the expense thereof.

[Approved March 16, 1903. Stats. 1903, p. 156.]

§1. When a navigable river forms a boundary between two counties of this state, the boards of supervisors of such counties are hereby given the power to establish and operate a ferry or ferries across such stream.

§2. Each of such counties shall pay such proportion of the expenses of establishing and operating said ferry or ferries as may be agreed upon by the boards of supervisors of such counties.

§3. In case either of said counties shall refuse to enter into an agreement to establish and operate such ferry or ferries, the county situated upon the opposite bank of such river may establish and operate a ferry or ferries across such river, and such county is hereby empowered to acquire landing places for such ferry or ferries on the bank of such river opposite the boundary of such county, and may pay the expense of establishing and operating said ferry or ferries out of the general road fund of such county.

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

ACT 1148.

An act relating to ferries across rivers and streams wholly within one county, and empowering the boards of supervisors of such county to purchase, establish and maintain ferries across such rivers or streams and to pay the expenses thereof.

[Approved April 16, 1909. Stats. 1909, p. 974.]

§1. Whenever the board of supervisors of any county within the state of California shall deem it advisable and for the best interests of the public that the county own and operate any ferry within such county, such board may purchase, establish and operate a ferry or ferries across any stream or river within said county and may operate the same as a free ferry or ferries.

§2. Such board of supervisors is hereby empowered to acquire landing places for such ferry or ferries on the banks of such river or stream and may pay the expenses of establishing and operating said ferry or ferries out of the general road fund of said county; provided, however, that no supervisor or his bondsmen shall be responsible for the payment of damages incurred by any person while traveling on such ferry.

§3. This act shall take effect from and after its passage.

АСТ 1152.

TITLE 167.
FERRY DEPOT.

To provide for the issuance and sale of state bonds to create a fund for the construction and furnishing, by the board of state harbor commissioners, of a general ferry and passenger depot in the city and county of San Francisco; to create a sinking fund for the payment of said bonds, and providing for the submission of this act to a vote of the people. [Approved March 17, 1891. Stats. 1891, p. 110.] Cal. 111/582.

Citations.

TITLE 168.
FERTILIZERS.

АСТ 1157.

An act to regulate the sale of commercial fertilizers or materials used for manurial purposes, and to provide penalties for the infraction thereof, and means for the enforcement of the act.

[Approved March 20, 1903. Stats. 1903, p. 259.]

§1. Every lot, parcel, or package of commercial fertilizers or materials to be used for manurial purposes (excepting the dung of domestic animals), sold, offered, or exposed for sale, within this state, shall be accompanied by a plainly printed label, stating the name, brand, and trademark, if any there be, under which the fertilizer is sold, the name and address of the manufacturer, importer, or dealer, the place of manufacture, and a chemical analysis, stating the percentages claimed to be therein; of nitrogen, specifying the form or forms in which it is present; of phosphoric acid, available and insoluble; and of potash, soluble in distilled water, and the materials from which all of said constituents are derived. All analyses are to be made according to the methods agreed upon by the American association of official agricultural chemists. In the case of those fertilizers, the selling price of which is less than eight dollars ($8) per ton, said label need only give a correct general statement of the nature and composition of the fertilizer it accompanies.

§ 2. No person shall sell, offer, or expose for sale in this state, any pulverized leather, hair, ground hoofs, horns, or wool waste, raw, steamed, roasted, or in any form as a fertilizer, or as an ingredient of a fertilizer or manure, without an explicit statement of the fact; said statement to be conspicuously affixed to every package of such fertilizer or manure, and to accompany and go with every lot, parcel, or package of the same.

§3. The manufacturer, importer, agent of, or dealer in any commercial fertilizers, or materials used for manurial purposes, the selling price of which to the consumer is eight ($8) dollars or more per ton, shall. before the same is offered for sale, obtain a certificate of registration from the secretary of the board of regents of the University of California, countersigned by the director of the agricultural experiment station of the said university, authorizing the sale of fertilizers in this state, and

shall securely fix to each lot, parcel, or package of fertilizer the word "Registered" with the number of registry. The manufacturer, importer, agent, or dealer obtaining such registry, shall pay to the said secretary the sum of fifty ($50) dollars, to be applied as provided in section 9 of this act; such registration shall expire on the thirtieth day of June of the fiscal year for which it was given; provided, the provisions of this section shall not apply to any agent whose principals shall have obtained a certificate of registration as herein provided. Every such manufacturer, importer, agent, or dealer, who makes or sells, or offers for sale, any such substances, under a name or brand, shall file, on or before the first day of July, in each year, a statement, under oath, with said director, stating such name or brand, and stating the component parts in accordance with the provisions of section 1 of this act, of the substances to be sold, or offered for sale, or manufactured under each such name or brand.

§ 4. The said director shall annually, on or before the first day of September, take samples in accordance with the provisions of section 5 hereof of the substance made, sold, or offered for sale, under every such name or brand, and cause analyses to be made thereof in accordance with the provisions of section 1 hereof, and said analyses may include such other determinations as said director may at any time deem advisable. Dealers in, or manufacturers of fertilizers, must give free access to the director of the agricultural experiment station, or his duly authorized deputy, to all the materials which they may place on the market for sale in California. Whenever the analysis certified by the said director shall show a deficiency of not more than one fourth of one per cent of nitrogen, or one per cent of soluble or available phosphoric acid, or one-half of one per cent of potash soluble in distilled water, the statement of the manufacturer or importer, as required in section 1 of this act, shall not be deemed to be false in the meaning of this act; provided, that this act shall not apply to sales of fertilizing materials made to a registered manufacturer of fertilizers, or to sales for export outside of this state; provided further, that the said director of the agricultural experiment station of the University of California shall, upon the receipt f a sample of fertilizer, accompanied with a nominal fee of two ($2) Yollars, furnish to the user of said commercial fertilizers, such examinaon or analysis of the sample as will substantially establish the conformity or non-conformity of the said fertilizer to the guarantee under which it was sold.

§ 5. The director of the agricultural experiment station of the University of California, in person or by deputy, is hereby authorized to take a sample not exceeding two pounds in weight for analysis by the said director, or his deputies, from any lot, parcel, or package of fertilizer, or material, or mixture of materials used for manurial purposes, which may be in the possession of any manufacturer, importer, agent, or dealer, but said sample shall be drawn in the presence of said party or parties in interest, or their representatives. In lots of five tons or less, samples shall be drawn from at least ten packages, or, if less than ten

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