ACT 1067. Protecting agriculture and preventing trespassing of animals. [Stats. 1873-4, p. 50.] Supplemented 1873-4, 179, 474, 705, 824. Cal Rep.Cit. 51, 298; 53, 146. "Unconstitutional, in so far as it authorizes justices to enforce alien. (Young v. Wright, 52 Cal. 407; Sutherland v. Sweem, 53 Cal. 48.) Repealed 1877-8, 176. 97 Cal. 182.)"-Code Commissioners' note. (Hanley v. Sixteen Horses, ACT 1068. Hogs running at large in certain towns. Repealed 1897, 198. p. 904.] [Stats. 1873-4, This act prevented hogs running at large upon lands included in any townsite which had received a patent under congressional grant. ACT 1069. Stanislaus, Fresno, and Sutter counties, protection of agriculture in, and prevention of trespassing of animals upon private property. [Stats. 1875-6, p. 373.] Repealed 1897, 198. ACT 1070. To prevent hogs and goats running at large on certain lands. [Stats. 1875-6, p. 644.] Amended 1877-8, 85. Superseded 1897, 198. This act forbade the running at large upon any townsite receiving patents under act of congress. ACT 1071. Concerning trespassing of animals upon private lands in certain counties. [Stats. 1877-8, p. 176.] Amended 1877-8, 878. Superseded by the estray laws of 1897, 198, and 1901, 603. Tehama counties, and to all of Alpine, Humboldt, Merced, Solano, This act applied to parts of San Bernardino, El Dorado, and Santa Barbara, San Joaquin, San Luis Obispo, and Sacramento Counties. ACT 1072. Buck goats, to prevent running at large. [Stats. 1877-8, p. 437.] Probably superseded by estray acts of 1897, 198, and 1901, 603. ACT 1073. [Stat. ap Relating to estrays, and repealing all other acts and parts of acts now in force relating to estrays. proved March 27, 1897. Stats. 1897, 198.] Revealed 1901, 606. Town of, incorporating. [Stats. 1877-8, p. 261.] TITLE 151. EUREKA. [Stats. 1859, 192.] ACT 1083. To incorporate. Amended 1862, 55; 1863-4, 165; 1871-2, 186; 1873-4, Supplemented 1875-6, 333. Amended 1875-6, 334. Superseded by the charter of Eureka, Stats 1895, 356-405. АСТ 1084. Incorporation of. [Stats. 1873-4, p. 91.] Supplemented 1875-6, 333. by charter of Eureka 1895, 356. ACT 1085. Amended 1875-6, 334. Repea To legalize the survey of Clark's addition to. [Stats. 18( ACT 1086. 70, 395.] To cede property to Eureka. [Stats. 1857, p. 76.] This act ceded to Eureka the entire water-front of the town. ACT 1087. Common council of to sit as a board of equalizatio [Stats. 1877-8, p. 184.] Superseded by charter of Eureka, 1895, 356. An act to protect life and property against the carele and malicious use or handling or dynamite and oth explosives. [Approved March 12, 1887; 1887, 110.] Keep record of sales. Section 1. It is the duty of each and every perso contractor, firm, association, joint stock company, a Corporation, manufacturing, storing, selling, transferring, disposing of, or in any manner dealing in or with, or using or giving out, nitro-glycerine, dynamite, vigorite, hercules powder, giant powder, or other high explosive, by whatever name known, to keep at all times an accurate joural, or book of record, in which must be entered, from time to time, as they are made, each and every sale, deery, transfer, gift, or other disposition made by such jerson, firm, association, joint stock company, or corpora, in the course of business or otherwise, of any quanAy of such explosive substance. What record must show. Sec. 2. Such journal or record book must show, in a egible handwriting to be entered therein at the time, a complete history of each transaction, stating the name and quantity of the explosive sold, delivered, given away, transferred, or otherwise disposed of; the name, place of residence, or business of the purchaser or transferee; the name of the individual to whom delivered, with his her address, with a description of such individual su.fiGent to provide for identification. Records subject to examination of peace officer. the Sec. 3. Such journal or record book must be kept, by person, firm, association, joint stock company, or cororation so selling, delivering, or otherwise disposing of hexplosive substance or substances, in his or their Principal office or place of business, at all times subject the inspection and examination of the peace officers Tother police authorities of the state, county, city and mty, or municipality where the same is situated, on per demand made therefor; any failure or neglect to Deep such book, or to make the proper entries therein at the time of the transaction, as herein provided, or to extes on demand, shall be deemed a misdemeanor, and At the same to the peace officers or other police author ished accordingly. Forfeiture in addition to punishment. Sec. 4. In addition to such punishment, and as a cumulative penalty, such person, firm, association, joint stock company, or corporation so offending, shall forfeit, for each offense, the sum of two hundred and fifty dollars, to be recovered in any court of competent jurisdiction, by action at law. The party so instituting such actions shall not be entitled to dismiss the same without consent of the court before which the suit has been instituted. Nor shall any judgment recovered be settled, satisfied, or dis charged, save by order of such court, after full payment into court, and all moneys so collected shall be paid to the party bringing the suit. Prohibiting reckless possession of explosives. Sec. 5. Any person who, in the public street or any highway of any county, city and county, city, or town or city, or at, in, or near to any theater, hall, public or private school, or college, church, hotel, or other public building, or at, in, or near to any private habitation or in, on board of, or near any railway passenger train, or car or train, or cable road, or car of the same, or steam or other vessel, engaged in carrying passengers, or ferryboat, or other public place where human beings ordinarily pass and repass, shall recklessly or maliciously have in his or her possession any dynamite, nitro-glycerine, vigorite, hercules powder, giant powder, or other high explosive; or who shall recklessly or maliciously by use of such means intimidate, terrify, or endanger any human being, is guilty of a felony, and on conviction shall be punished accordingly. Defining reckless possession. Sec. 6. Any person not regularly engaged in the manu facture, sale, transportation, or legitimate use in blasting operations, or in the arts, of such substances as are named in this act, shall be presumed (prima facie) to be guilty of a reckless and malicious possession thereof within the meaning of the foregoing section, if any such substance is found upon him, or in his possession, in any of the places, or under any of the circumstances specified in the preceding section. Punishment for unlawful possession. Sec. 7. No person may knowingly keep or have in his or her possession any dynamite, vigorite, nitro-glycerine, giant powder, hercules powder, or other high explosive. except in the regular course of business carried on by such person, either as a manufacturer thereof or mer chant dealing in the same, or for use in legitimate blasting operations, or in the arts, or while engaged in trans porting the same for others, or as the agent or employee ent of others engaged in the course of such business or operNorations. Any other possession of any such explosive sub stances as are named in this act is unlawful; and the Cicious deposit. Sec. 8. Any person who maliciously deposits or exdes, or who attempts to explode, at, in, under, or near any building, vessel, or boat, railroad, tramroad, or cable ad, or any train or car, or any depot, stable, car-house, theater, schoolhouse, church, dwelling-house, or other place where human beings usually inhabit, assemble, frequent, or pass and repass, any dynamite, nitro-glycerine, rigorite, giant or hercules powder, gunpowder, or other chemical compound, or other explosive, with the intent to injure or destroy such building, vessel, boat, or other structure, or with the intent to injure, intimidate, or terrily any human being, or by means of which any human being is injured or endangered, is guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison not less than one year. Transportation of high explosives. Sec. 9. Any person, firm, or corporation, who shall take, ported, any dynamite, vigorite, nitro-glycerine, hercules arry, or transport, or cause to be taken, carried, or transor giant powder, or other high explosive, into the limits for through, or across any incorporated city or town of this state, or into, through, or across any harbor for shipMtg, in any manner, condition, or quantity, or otherwise, ariolation of the laws or ordinances of such city or town, 7 of the laws or regulations governing such harbor, shall, aaddition to the penalties provided or imposed by such ws, ordinances, or regulations, forfeit to the state of California all such explosive substances, as well as the for by any citizen of the state, for himself and the state; and the goods or property, when so forfeited and recov.. ered by judgment of the court, shall be sold, and the proceeds divided, the citizen so suing taking one half to inclosing the same. Such forfeiture may be sued |