ments, or appliances, shall be deemed guilty of a misdemeanor, and for such breach of this act upon conviction therefor, shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dol lars, or by imprisonment in the county jail for not less than fifty days or more than one hundred and twenty days, or both such fine and imprisonment. All fines recovered under this act shall be paid by the magistrate receiving the same, to the state board of pharmacy, and by said board placed in the special fund created by section two of this act.

Sec. 6. In all actions or prosecutions under this act it need not be alleged in the complaint nor proved by the prosecution that the defendant has not a license as required in this act, but the fact that he has such license may be plead as a matter of defense.

Sec. 7. All acts or parts of acts conflicting with this act [are] hereby repealed, in and so far as they conflict. Sec. 8. This act shall take effect and be in force sixty days after its passage.

ACT 1942.

An act to authorize counties, cities and counties, and incorporated towns, and chartered or incorporated cities, to license bicycles, tricycles, and similar vehicles, and collect a fee therefor, for the purpose of devoting such fee to the construction of paths along country roads for the use of pedestrians, and the wheeling thereon of such vehicles.

[Became a law under constitutional provision without governor's approval, March 16, 1901. Stats. 1901, p.

324.]

The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. Counties, cities and counties, chartered or incorporated cities and towns in the state of California, are hereby, through the governing bodies thereof, authorized and permitted to license the use of bicycles, tricycles, automobile carriages and carts, and similar wheeled vehicles propelled by the power of the rider, or by motor under control of the rider, owned, rented, and used within the several jurisdictions above named; provided, that such license shall be granted and issued only on payment

Gen. Laws-25

of a fee not to exceed one dollar a year for each of such vehicles; and further provided, that the money so collected shall be appropriated and used only for the purpose of constructing and maintaining paths and walkways for the use of pedestrians, and the wheeling of the above-named vehicles; and provided also, that the sum of the taxes paid to the state, county, town, or municipality, upon any vehi cle the use of which is hereby authorized to be licensed, shall be deducted from the amount of the license fee hereby authorized, and credited upon the license; it being the intention that any license fee hereby authorized shall be collected in such less sum as is represented by the subtraction of the personal property tax from the sum of the license fee fixed by such ordinance.

Sec. 2. When an ordinance establishing such license and fixing such license fee is passed, the fee shall be collected and the license issued in the manner and by the officer or officers provided for the issuance and collection of other licenses, and the governing body of such jurisdictions named in section one of this act may devise such label, tag, or certificate as is deemed necessary to be witness of the possession of such license, and the payment of such fee; provided, that no license shall be required for any vehicle so named in this act as is in the possession of a merchant, manufacturer, or dealer, for the purposes of sale or barter, and not for use by the owner or his or her agent, or by persons to whom such vehicles are rented for use, by the hour, the day, the week, or other period of time.

Sec. 3. It shall be lawful for such governing bodies to provide in such ordinance or ordinances for the enforcement of penalties for the violation thereof, or for failure or refusal to take such license, or pay such license fee: provided, that no penalty shall exceed the sum of the said license fee, with the costs of collection and prosecution under the ordinance added thereto; nor shall any judg ment of imprisonment exceed a period of twenty-four hours for violation of said ordinance.

Sec. 4. It shall be lawful to provide in any such ordinance authorized by this act, for the application of the money collected to the construction and maintenance of such paths, by said towns or cities, or consolidated cities and counties, without the limits of such town and munici

pal jurisdictions, but within the county, by and with the consent of the board of supervisors of such county.

Sec. 5. No municipal or town authority in this act referred to shall have authority by ordinance or otherwise to license any such vehicle for use as is in this act referred to, except the same is owned by a resident of such municipal or town jurisdiction, or is used by a resident of such jurisdiction; nor shall any county, by ordinance or otherwise, lay such license upon the use of any such vehicle named in this act, or require a license fee therefor, except the same is owned or used by a resident of the county without the boundaries of town or municipal jurisdictions in the county; provided, that if any town or municipal authority authorized under this act does not provide for such ordinance of license and fee as is permitted by this act, then, and in that case, the governing body of the county may by ordinance provide for the license herein provided for and permitted, and the collection of the fee authorized by this act, so as to make the same applicable to the residents of such town or municipality. But in no case shall any license or fee be required of travelers in counties other than that of their residence, nor from tourists, or visitors, or temporary residents of any city, town, city and county, or county.

Sec. 6. All costs and charges for licenses herein provided for, for tags, or visible evidences of issuance and possession of license, for receipts for payment of the license fee, and other necessary and inseparable expense related to such licenses, shall be paid from the sum of such collections of fees; provided, that no additional salary or fee shall be paid to any officer of any county, or town, or city, or city and county, for services in issuing or delivering licenses provided for by this act, or for collecting the fees therefor, authorized and provided for in this act. Sec. 7. This act shall take effect and be in force from and after its passage.

To secure a lien on livestock kept, fed, or pastured. [Stats.

1869-70, p. 723.]

Not repealed by codes. See Johnson v. Perry, 53 Cal. 351. Cal.Rep.Cit. 44, 304.

ACT 1948.

Creating a lien in favor of owners of stallions, jacks, and bulls, used for propagating purposes. [Stats. 1891, p. 90.]

This act appears in full in Civil Code, Appendix, p. 738.

ACT 1949.

To secure wages of persons employed as laborers on threshing machines. [Stats. 1885, p. 109.]

Cal.Rep.Cit. 75, 201; 104, 11; 116, 293; 125, 171.

This act appears in full in Civil Code, Appendix, p. 743.

ACT 1950.

To secure the payment of claims of materialmen, mechan. ics, or laborers employed by contractors upon state, municipal or other public work. [Stats. 1897, p. 201.] Cal.Rep.Cit. 129, 394; 135, 637.

ACT 1951.

Giving a lien to loggers and laborers employed in logging camps upon the logs cut and hauled.

p. 747.]

Amended 1880, 38; 1887, 53.

Cal.Rep.Cit. 67, 425.

[Stats. 1877-8,

This act appears in full in Civil Code, Appendix, p. 740.

An act concerning submarine sites for lighthouses and other aids to navigation on the coast of this state. [Approved March 26, 1874. Stats. 1873-4, 621.]

Sites for beacons, etc.

Section 1.

Whenever the United States desire to acquire title to land belonging to the state, and covered by the navigable waters of the United States, within the limits thereof, for the site of lighthouse, beacon, or other aid to navigation, and application is made by a duly authorized agent of the United States, describing the site required for one of the purposes aforesaid, then the governor of the state is authorized and empowered to convey the title to the United States, and to cede to the said United States jurisdiction over the same; provided, no single tract shall

contain more than ten acres, and that the state shall retain concurrent jurisdiction so far that all process, civil or criminal, issuing under the authority of the state, may be executed by the proper officers thereof, upon any person or persons amenable to the same, within the limits of land so ceded, in like manner and to like effect as if this act had never been passed.

Sec. 2. This act shall take effect immediately.

ACT 1961.

LIQUOR.

See Intoxicating Liquors.

TITLE 270.

LIVERMORE.

Incorporating. [Stats. 1875-6, p. 913.]

Superseded by incorporating, in 1900, under Municipal Corporation Act of 1883.

Relating to lodging-houses and sleeping apartments. [Stats. 1875-6, p. 759.]

This act appears in full in Civil Code, Appendix, p. 743, and Penal Code, Appendix, p. 632. This act is known as the cubic air law.

Establishing a scale for the measurement of logs. [Stats.

Amended 1880, 119.

1877-8, p. 604.]

TITLE 273.

ACT 1976.

LOS ANGELES CITY.

Amendatory of charter of. [Stats. 1871-2, p. 128.]

Amended 1871-2, 623.

ACT 1977.

Superseded by charter, 1889, 456.

Charter of. [Stats. 1873-4, p. 633.]

Amended 1875-6, 692; 1877-8, 642. Superseded by charter of that city, 1889, 455.