Repealed. Guns, Inclosed fields. Common be held to apply to the hide of any of said animals taken or killed in Alaska or any foreign country. SEC. 2. Section six hundred and twenty-six a of the Penal Code is hereby repealed. SEC. 3. Section six hundred and twenty-six b of the Penal Code is hereby repealed. SEC. 4. Section six hundred and twenty-six c of the Penal Code is hereby repealed. SEC. 5. Section six hundred and twenty-six d of the Penal Code is hereby repealed. SEC. 6. Section six hundred and twenty-six e of the Penal Code is hereby repealed. SEC. 7. Section six hundred and twenty-six ƒ of the Penal Code is hereby repealed. SEC. 8. Section six hundred and twenty-six g of the Penal Code is hereby repealed. SEC. 9. Section six hundred and twenty-six h of the Penal Code is hereby repealed. SEC. 10. Section six hundred and twenty-six i of the Penal Code is hereby repealed. SEC. 11. Section six hundred and twenty-seven of the Penal Code is hereby amended to read as follows: 627. Every person who shall use a shotgun of a larger caliber,etc. caliber than that commonly known and designated as a number ten gauge, shall be guilty of a misdemeanor. The proof of the possession of said gun in the field, or marsh, bay, lake, or stream, shall be prima facie evidence of its illegal use. Every person who, upon any inclosed or cultivated grounds which are private property, and where signs are displayed forbidding such shooting, shall shoot any quail, bob-white, pheasant, partridge, grouse, dove, wild duck, or deer, without permission first obtained from the owner or person in the possession of such ground, or who shall maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding shooting on private property, shall be guilty of a misdemeanor. Every railroad company, express company, transportation company, carriers. or other common carrier, their officers, agents, and servants, and every other person, who shall transport, carry, or take out of this State, or who shall receive for the purpose of transporting from the State, any deer, deer skin, buck, doe, or fawn, or any quail, partridge, pheasant, grouse, prairie chicken, dove, or wild duck, except for purposes of propagation, or who shall transport, carry, or take from the State, or receive for the purpose of transporting from this State, any such animal or bird, shall be guilty of a misdemeanor; provided, that the right to transport for the purposes of propagation shall first be obtained by permit, in writing, from the Board of Fish Commissioners of the State of California. Any person found guilty of a violation of any of the provisions of this section, shall be fined in a sum not less than twenty dollars, or more than five hundred dollars, or be imprisoned in the county jail in the county in which the conviction shall be had, not less than ten days, or more than one Penalty. hundred and fifty days, or be punished by both such fine and imprisonment. SEC. 12. Section six hundred and twenty-seven a of the Repealed. Penal Code is hereby repealed. SEC. 13. Section six hundred and twenty-seven b of the Penal Code is hereby repealed. SEC. 14. Section six hundred and twenty-seven c of the Penal Code is hereby repealed. SEC. 15. Section six hundred and twenty-seven d of the Penal Code is hereby repealed. SEC. 16. All Acts and parts of Acts in conflict with this Act are hereby repealed. SEC. 17. This Act shall take effect from and after its passage. CHAPTER XC. An Act to amend section fifteen of an Act entitled an Act entitled "An Act to authorize and direct the county judges of the several counties of this State to execute certain trusts in relation to the town lands granted to the unincorporated towns in this State by the Act of Congress entitled 'An Act for the relief of the inhabitants of cities and towns upon the public lands,' approved March 2, 1867," approved March 30, 1868. [Approved March 9, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section fifteen of an Act entitled an Act entitled "An Act to authorize and direct the county judges of the several counties of this State to execute certain trusts in relation to the town lands granted to the unincorporated towns in this State by the Act of Congress entitled 'An Act for the relief of the inhabitants of cities and towns upon the public lands,' approved March second, eighteen hundred and sixty-seven," approved March thirtieth, eighteen hundred and sixty-eight, is hereby amended so as to read as follows: claims upon un land limits of Section 15. If within six months after the giving of the Mining public notice that the plat of any townsite has been filed in the Recorder's office as provided in section twelve of this Act, there surveyed shall remain any unoccupied or vacant unclaimed lands, or within lands not previously surveyed into town lots under the provis- plat of ions of this Act, and any person has hitherto or shall hereafter townsite. discover gold in any portion thereof in quantities which he may deem sufficient to justify the profitable working thereof (his judgment thereon to be conclusive), and has located and held the same bona fide for mining purposes, such mining possession shall constitute him a preferred purchaser thereof, from the Judge of the Superior Court, according to the metes and bounds of his location thereof, within the meaning of this Act; and he may apply to the Judge of the Superior Court for Duty of Survey to be filed. Sale of land, and price per acre. a deed thereto, which application he shall accompany with a deposit to be held by such judge in an amount to be estimated by him sufficient to pay the expenses of a survey and the platting thereof as herein provided for. The said Superior Judge shall thereupon cause a survey and plats to be made of such mining possession, and shall cause such plats and a copy of the field notes of such survey to be filed in the Recorder's office of the county in which such town is situated, in the manner provided in section three of this Act, and such filing shall have the effect therein provided; but the provisions of section four of this Act shall not apply to any survey made under the provisions of this section. After the filing of such plats and such copy of field notes, said judge shall sell the said land so embraced within such mining possession to the bona fide possessor thereof at a price equal to one dollar and a quarter per acre or fraction of an acre thereof, and the expenses of the surveying and platting thereof; and in case two or more claimants apply for the same tract, or parcel of the same tract, said judge shall determine who is entitled thereto, and shall sell the same to the party so entitled. Possession If any person has hitherto or shall hereafter occupy any purposes. portion of such unsurveyed lands, and shall, in good faith, make improvements thereon for any purpose other than mining, he shall have to the extent of his possession thereof the same rights and privileges hereunder as such possessor for mining purposes. for other Application for survey. Reserva tions for public uses. Price. And any person not in possession may, at any time, apply to such Superior Judge for a survey into lots and a platting of any such unoccupied or vacant unclaimed lands, or lands not previously surveyed into town lots under the provisions of this Act, and upon his depositing with such judge an amount to be estimated by him as sufficient to defray the expenses thereof, said judge may, at his discretion, cause any portion of such lands to be laid out and surveyed under his supervision into a suitable tract or lot, or into suitable blocks and lots, as such judge shall determine, and shall reserve such portions as shall be deemed necessary for public squares and school-house lots; and shall cause all necessary roads, streets, lanes, and alleys to be laid out through the same, and dedicated to public use; and the said judge shall, upon such survey being completed, proceed in the manner provided in section three of this Act to have plats made thereof in duplicate, and such plats and a copy of the field notes of such survey filed and disposed of as in said section three provided for, and with like effect as therein given to the original plats and field notes of the survey of such townsite; and the said judge shall sell the same in suitable parcels to the applicant for such survey, or to other parties at the price herein before stated, and in case two or more parties apply for the same tract or parcel of the same tract, he shall sell the same at public auction to the highest bidder upon ten days' notice given by posting three notices of such sale in public places in such town, but no bid for less than the minimum price herein stated shall be received at such sale. If no sale is made, said judge may, in his discretion, offer such land for sale in the same manner at any future time. Said judge shall execute to any purchaser, under the pro- Deeds. vision of this section, all necessary deeds of conveyance, and such deeds shall be prima facie evidence of the truthfulness of all recitals therein contained. Any surplus left of the deposit, in this section provided to be surplus. made, shall be returned to the depositor thereof, after proceedings hereunder are completed. SEC. 2. This Act shall take effect immediately. CHAPTER XCI. An Act to amend section twenty-nine hundred and fifty-five of the Civil Code of California, respecting the mortgaging of personal property. [Approved March 9, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section twenty-nine hundred and fifty-five of the Civil Code of California is hereby amended to read as follows: 2955. Mortgages may be made upon the following personal Personal property, and none other: property which First-Locomotives, engines, and other rolling-stock of a may be railroad. Second-Steamboat machinery, the machinery used by machinist foundrymen and mechanics. Third-Steam engines and boilers. Fourth-Mining machinery. Fifth-Printing presses and material. Sixth-Professional libraries. Seventh-Instruments of surveyors, physicians, and dentists. Twelfth-Instruments, negatives, furniture, and fixtures of a photograph gallery. Thirteenth-The machinery, casks, pipes, tubes, and utensils used in the manufacture or storage of wine, fruit brandy, fruit syrups, or sugar, also wines, fruit brandy, fruit syrup, or sugar, with the cooperage in which the same are contained. Fourteenth-Pianos and organs. Fifteenth-Iron and steel safes. Sixteenth-Neat cattle, horses, mules, swine, sheep, and goats, and the increase thereof. Seventeenth-Harvesters, threshing outfits, hay presses, wagons, farming implements, and the equipments of a livery stable, including buggies, carriages, harness, robes. mortgaged. Eighteenth-Abstract systems, books, maps, papers, and slips of searchers of records. Nineteenth-Raisins and dried fruits, cured or in process. of being cured; also, all boxes, fruit-graders, drying-trays, and fruit-ladders. Ratification by two thirds interest, necessary to certain acts of directors companies. CHAPTER XCII. An Act to amend section one of an Act entitled "An Act for the further protection of stockholders in mining companies," approved April 23, 1880. [Approved March 9, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section one of an Act entitled "An Act for the further protection of stockholders in mining companies," approved April twenty-third, eighteen hundred and eighty, is hereby amended so as to read: Section 1. It shall not be lawful for the directors of any mining corporation to sell, lease, mortgage, or otherwise dispose of the whole or any part of the mining ground owned or held by such corporation, nor to purchase or obtain in any way (except by location) any additional mining ground, unless such of stock act be ratified by the holders of at least two thirds of the stock of such corporation then outstanding. Such ratification may be made either in writing, signed and acknowledged by such stockholders, or by resolution, duly passed at any regularly called stockholders' meeting. The certificate of the secretary of any mining corporation, reciting such ratification at a stockholders' meeting, or the names of stockholders with the amount of stock held by each, and the total stock outstanding, signed and acknowledged by him in the manner provided for acknowledgments to conveyances of real property, may be attached to or indorsed upon any deed, mortgage, conveyance, or other instrument made under this Act and recorded with such deed, conveyance, or other instrument, and the recitals contained in such certificate, or the duly recorded copy thereof, are made prima facie evidence of their truthfulness for all purposes whatOnly stock soever; provided, that no one except a stockholder in any such holder may corporation shall be permitted to urge any objection to the acquisition of any additional ground or other property by such corporation. object. SEC. 2. This Act shall take effect immediately. |