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thereof, and the secretary. The hearing shall be held at such times and places as may be designated by the state board of health and at least fifteen days' notice thereof shall be first served upon the party complained of. These hearings shall be private and confined to questions of fact. The parties interested therein may appear in person or by attorneys and may propound the interrogatories and submit oral or written evidence to show any fault or error in the findings made by the director of the state laboratory. If the examination or analysis be found correct, or if the party or parties fail to appear at such hearing, after notice duly served as provided herein, the secretary of the state board of health shall forthwith transmit a certificate of the facts so found to the district attorney of the county in which said adulterated, mislabeled or misbranded drug was found. No publication thereof shall be made until after said hearing is concluded. [Amendment approved June 13, 1913; Stats. 1913, p. 767.]

Duty of sheriff.

Sec. 16. It is hereby made the duty of the sheriff of any county of this state, on presentation to him of a verified complaint of the violation of any provisions of this act, at once to obtain by purchase a sample of the adulterated, mislabeled or misbranded drug complained of and divide said article into three parts, and each part shall be sealed by the sheriff with a seal provided for that purpose. If the package be less than four pounds, or in volume less than two quarts, three packages of approximately the same size shall be purchased and the marks and tags upon each package noted as above. One sample shall be delivered to the party from whom procured, or to the party guaranteeing said drug. One sample shall be sent to the director of the state laboratory, and the third sample shall be sent to and held under seal by the state board of health.

Fees of sheriff.

Sec. 17. For his services hereunder the said sheriff shall be allowed the same fees for travel allowed by law to sheriffs on service of criminal process, together with such compensation as by the board of supervisors of his county may be deemed reasonable, and all accounts expended by him in procuring and transmitting the said samples, which fees and amount expended shall be audited and allowed by the said supervisors and paid by his said county as other bills of said sheriff.

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Duty of district attorney.

Sec. 18. It shall be the duty of the district attorney of each county to prosecute all violations of the provisions of this act occurring within his county.

Penalty for violation of act.

Sec. 19. Any person, firm, company or corporation violating any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars, nor more than five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Drugs found to be adulterated or misbranded within the meaning of this act may, by order of any court or judge, be seized and destroyed.

Disposition of fines.

Sec. 20. One half of all fines collected by any court or judge for the violations of the provisions of this act shall be paid to the state treasurer and the state treasurer shall deposit such money to the credit of the fund for the maintenance of the state laboratory, to be drawn against by warrants of the state controller upon claims which shall be approved by the state board of examiners.

Guaranty of jobber protects dealer. Prosecution of jobber.

Sec. 21. No dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States from whom he purchased such article, to the effect that the same is not adulterated or misbranded within the meaning of this act. Such guaranty may be either general or special. A general guaranty shall guarantee without condition or restriction all of the products or articles produced, prepared, compounded, packed, distributed, or sold by the guarantor as not adulterated within the meaning of this act. A special guaranty shall guarantee in the same manner the particular articles listed in an invoice of the same, and shall be attached to or shall fully identify such invoice. Both said guaranties to afford protection must contain the name and address of the party or parties making the sales of such article to said dealer. If the guaranty be to the effect that such article is not adulterated or misbranded within the meaning of the national pure food act, approved June 30, 1906, it shall be sufficient for all the purposes of this act and have the same force and effect as though it referred to this act, except that a guar

anty referring to the said national pure food act alone shall not be sufficient for the purpose of this act in any case where at any time the standard for the article concerned under this act is higher than the standard for a like article under said national pure food act. In case the wholesaler, jobber, manufacturer or other party making such guaranty to said dealer resides without this state and it appears from the certificate of the director of the state laboratory that such article or articles were adulterated or misbranded, within the meaning of this act or the national pure food act approved June 30, 1906, the district attorney must forthwith notify the attorney-general of the United States of such violation. [Amendment approved April 23, 1915; Stats. 1915, p. 172.] .

The act amending this section contained the following provision: This amendment shall be in force and effect from and after May 1, 1916; provided, that as to products packed and labeled prior to May 1, 1916, in accordance with said national pure food act and with the regulations thereunder in force prior to May 5, 1914, this amendment shall be in force and effect from and after November 1, 1916. Act takes effect when.

Sec. 22. This act shall be in force and effect from and after the first day of January, nineteen hundred and eight.

EMIGRATION.

An Act to promote emigration from the state of California. [Approved March 26, 1880; Stats. 1880, p. 15.]

To promote emigration from state.

Section 1. It shall be unlawful for the owners, officers, agents, or employees of any steamship company, sailing ves sel, or railroad company, or firm, or corporation that may be engaged in this state in the transportation of passengers to and from any foreign port, to withhold or refuse any person or persons the right to purchase a passage ticket or tickets to any foreign country, for the reason that he or they have not presented a certificate, card, or other document whatsoever, showing that such person has paid in full, or in part, any or all dues, debts, or demands, or otherwise, or any sum whatsoever, to any society, company, corporation, association, or individual, or firm; and any person or corporation who shall violate the provisions of this section, or in

pursuance of any agreement, oral or written, refuse to sell a passage ticket to any person to any foreign country, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than one hundred nor more than five hundred dollars; provided, that nothing in this section shall be construed in any manner to apply to any passport or other document required by law to be presented, having the signature or seal of any foreign consul resident within this state.

Act takes effect when.

Sec. 2. This act shall take effect on and after its passage.

EXPLOSIVES.

An Act to protect life and property against the careless and malicious use or handling of dynamite and other explosives.

[Approved March 12, 1887; Stats. 1887, p. 110.]

Codification of act and sections superseded. §§ 1-4 superseded by Pen. Code, § 375a. § 8 superseded by Pen. Code, § 601.

See, also, Act of 1911, p. 391, relating to the same general subject. These acts are in the General Laws, Acts 1092 and 1093.

FENCES AND INCLOSURES.

An Act to prevent persons passing through inclosures and leaving them open, by tearing down fences, or otherwise, and to prevent hunting upon inclosed lands in the state of California.

[1. Approved March 23, 1876; Stats. 1875-76, p. 408. 2. Amended January 25, 1878; Stats. 1877-78, p. 49. 3. Amended March 30, 1878; Stats. 1877-78, p. 776.]

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Section 1. Every person who shall open any gate, bars, or fence of another, for the purpose of passing through, and shall willfully leave the same open, without the permission of the owner, is guilty of a misdemeanor.

Same.

Sec. 2. Every person who willfully opens, tears down, or otherwise destroys any fence on the inclosed land of another, is guilty of a misdemeanor.

Same.

Sec. 3. Every preson who willfully enters upon the inclosed land of another for the purpose of hunting, or who discharges firearms, or lights camp-fires thereon, without first having obtained permission of the owner or occupant of said land, is guilty of a misdemeanor.

Same.

Sec. 4. Every person who willfully, carelessly, or negligently, while hunting or camping upon the inclosed land of another, kills, maims, or wounds an animal, the property of another, is guilty of a misdemeanor.

Same.

Sec. 5. Every person who, upon departing from camp, willfully leaves the fire or fires burning or unextinguished, is guilty of a misdemeanor.

Penalty.

Sec. 6. Every person found guilty of any of the misdemeanors herein mentioned shall be fined not less than twenty nor more than fifty dollars, and shall be imprisoned in the county jail until such fine be satisfied, not exceeding one day for every two dollars thereof.

Conflicting acts repealed.

Sec. 7. All acts and parts of acts in conflict herewith are repealed; provided, however, nothing herein contained shall be construed as repealing section five hundred and ninetyfour of the Penal Code.

Counties excepted.

Sec. 8. Section three of this act shall not apply to the counties of Los Angeles, San Diego, Sutter, San Benito, Del Norte, El Dorado, Colusa, Yuba, Humboldt, Amador, Tuolumne, Shasta, Plumas, Lassen, Siskiyou, Modoc, Trinity, Sierra, Placer, and Santa Cruz. [Amendment approved March 30, 1878; Stats. 1877–78, p. 776.]

Another amendment of § 8 at same session of the legislature. By an act approved January 25, 1878 (Stats. 1877-78, p. 49), § 8 was amended to read:

"Sec. 8. Section three of this act shall not apply to the counties of Los Angeles, San Diego, Sutter, Del Norte, El Dorado, Colusa, Yuba, Humboldt, Amador, Tuolumne, San Luis Obispo, Plumas, Lassen, Sis kiyou, Modoc, Shasta, Trinity, Sierra, and Placer."

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