Forgery of a seal, signature, or instrument in registrar's office, a felony. § 112. Whoever (1) forges, or procures to be forged, or assists in forging the seal of the registrar, or the name, signature, or handwriting of any officer of the registry office in cases where such officer is expressly or impliedly authorized to affix his signature; or (2) fraudulently stamps, or procures to be stamped, or assists in stamping any document with any forged seal of said registrar; or (3) forges, or procures to be forged, or assists in forging the name, signature, or handwriting of any person whomsoever to any instrument which is expressly or impliedly authorized to be signed by such person; or (4) uses any document upon which any impression, or part of the impression, of any seal of said registrar has been forged, knowing the same to have been forged, or any document, the signature to which has been forged, knowing the same to have been forged; or (5) swears falsely concerning any matter or procedure made and done in pursuance of this act, shall be guilty of a felony, and imprisoned not exceeding ten years, nor less than one year, or fined not exceeding five thousand dollars, or both fined and imprisoned, in the discretion of the court.

No proceeding or conviction under this act shall affect any remedy at law or in equity.

§ 113. No proceeding or conviction for any act hereby declared to be a misdemeanor or a felony shall affect any remedy which any person aggrieved or injured by such act may be entitled to at law or in equity against the person who has committed such act, or against his estate, or against the registrar, or upon his bond.

FEES.

Fees same as in similar cases under present laws, except as provided herein.

§ 114. First-The fees, in respect of applications and proceedings under them prior to registration, shall be the same as in actions in the superior court.

Second-There shall be paid to the registrar:

For issuing a certificate of title, including one duplicate thereof, one dollar and fifty cents.

For each additional duplicate, fifty cents.

For registering each transfer, including the issue and registration of the new certificate, one dollar and fifty cents.

For entry of each memorial on the register, including the indorsement upon the duplicate certificates, one dollar.

For the cancellation of each certificate, memorial, or charge, twenty-five cents.

For each certificate showing condition of register, one dollar and fifty cents.

For filing any instrument, or for a certified copy of the register, or of any instrument or writing on file in his office, the same fees allowed by law to recorders for like services.

CONSTRUCTION.

Act to be liberally construed. Construction of similar legislation elsewhere, not adopted.

§ 115. This act shall be construed liberally so far as may be necessary for the purpose of effecting its general intent, but does not adopt by implication the construction of any similar legislation of other juris dictions which this act may to any extent have followed.

Act to take effect July 1, 1897.

§ 116. This act shall take effect and be in force from and after the first day of July, eighteen hundred and ninety-seven.

АСТ 4120.

TITLE 524.
TRADEMARKS.

Concerning trademarks and trade names. [Stats. 1863, p. 155.] Amended 1867-68, p. 423. Superseded by Penal Code, § 350, and Political Code, §§ 3196-3199.

ACT 4121.

To protect owners of bottles, boxes, siphons and kegs used in the sale of soda waters, mineral waters, porter, ale, cider, milk, beer, and -other beverages, etc. [Stats. 1891, p. 217.]

Amended 1903, p. 83.

This act appears in full in Civil Code, Appendix, p. 838.

АСТ 4123.

TITLE 525.

TRADING STAMPS.

An act making it a misdemeanor to sell or exchange property under the representation, advertisement, notice or inducement that an unidentified, unknown, unselected, or chance prize, premium or premium gift, or that a stamp, trading stamp, coupon or other like device entitling the holder to receive such a prize, premium or premium gift, or that the redemption of such a stamp, trading stamp, coupon or other like device so given is to be a part of the transaction, or to sell or exchange any trading stamp, stamp, coupon, or other like device to aid such sale or exchange, as aforesaid, and providing a penalty therefor. [Approved March 7, 1905. Stats. 1905, p. 67.] Unconstitutional: Ex parte Drexel, 147 Cal. 763.

ACT 4125.

TITLE 526.
TRAINING SHIP.

To establish and maintain a training ship in the city and county of San Francisco. [Approved February 15, 1876. Stats. 1875-76, p. 54.]

Amended 1877-78, p. 233.

Training ship: See Act 3327.

TITLE 527.

АСТ 4130.

TRAMROAD COMPANIES.

Shasta County, providing for incorporation of tramroad companies in. [Stats. 1871-72, p. 800.]

An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts or parts of acts in conflict with this act. [Approved March 20, 1905. Stats. 1905, p. 323.]

Repealed 1907, p. 67. See Act 4134.

ACT 4134.

An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts or parts of acts in conflict with this act. [Approved February 28, 1907. Stats. 1907, p. 67.]

Deposit of state moneys in banks. Security. Interest. Amount. Expense of transporting moneys.

§ 1. All moneys in the state treasury belonging to the state not immediately required to meet current expenditures may be deposited by the state treasurer to the credit of the state in such state or national bank, or banks, in the state, as the treasurer, with the approval of the governor and state controller, shall select for the safekeeping of such deposits, and any sum so deposited shall be deemed to be in the state treasury; provided, that the bank or banks in which such money is deposited shall furnish security as hereinafter provided, and provided further, that such depositary bank or banks be selected from those agreeing to pay the highest rate of interest, not less than two per cent per annum, for such deposits, as may be determined by bids to be submitted at such times and in such manner, as the treasurer, with the approval of the governor and state controller, shall direct; provided, that not more than one-tenth of the aggregate amount of state moneys available for deposit and on deposit shall be deposited in any one bank, and provided further, that such deposit shall not exceed twenty-five per cent of the paid-up capital, exclusive of reserve and surplus, of any depositary bank. Any and all bids may be rejected by the treasurer, with the approval of the governor and state controller, and new bids asked for. The expense of transportation of moneys to and from the state treasury to such depositaries shall be borne by such depositaries. Said deposits, with interest thereon, shall be subject to withdrawal at any time upon the demand of the state treasurer, or upon presentation of a certificate of deposit properly indorsed.

Interest, when payable. School moneys.

§ 2. The interest to be paid by any such depositary bank shall be on the average daily balances of the state moneys kept on deposit there

with, and shall be paid and credited to the state monthly on the first day of each and every month, and such interest shall accrue to the gen eral fund of the state treasury; provided that if any moneys belonging to the state school fund or the state school land fund shall at any time be deposited under the provisions of this act, the interest received thereon shall be paid into the state school fund.

Security of funds deposited.

§3. For the security of the funds deposited by the state treasurer under the provisions of this act, there shall be deposited with the treas urer bonds of the United States, or of this state, or of any county, municipality or school district of this state, which bonds shall be approved by the governor, controller and treasurer, to an amount in value at least ten per cent in excess of the amount of the deposit with such bank or banks; and if in any case, or at any time, such bonds are not deemed satisfactory security to the governor, controller and treas urer, they may require such additional security as may be satisfactory to them. Said bonds or any part thereof may be withdrawn on the written consent of the governor, controller and treasurer; provided, that a sufficient amount of said bonds to secure said deposits shall always be kept in the treasury; and in the event that said bank or banks of deposit shall fail to pay such deposits or any part thereof on the demand of the state treasurer, or upon any presentation of a certificate of deposit properly indorsed, then it shall be the duty of the state treasurer to forthwith convert said bonds into money and to disburse the same ac cording to law; provided, however, that he shall sell no bonds for less than their face value except at public sale after ten days' printed notice in some newspaper of general circulation published in the county where the sale is to take place.

Provisions of contract. Treasurer's annual statement to banks.

§ 4. The treasurer shall take from such depositary or depositaries a written contract, in duplicate setting forth the conditions and terms upon which the funds of the state are deposited therewith, one of which shall be filed with the controller. One provision of said contract shall be that each depositary shall at the end of each month render to the treasurer a statement in duplicate showing the daily balances or amount of money of the state held by it during the month and the amount of the accrued interest thereon separately, one of which shall be filed by the treasurer with the controller. The treasurer shall annually on the first day of July furnish each depositary bank with a statement showing the amount and description of the bonds on deposit with him by such bank to secure state deposits.

Indemnity bonds.

§ 5. The treasurer, with the approval of the governor and controller, shall, if in his judgment it shall appear necessary for the security of the state, require said banks of deposit to give an indemnity bond, the sureties on which shall not be interested as stockholders in said bank

or banks, to be approved by the governor, controller and treasurer, to secure the state against loss by any depreciation in value that may occur in such bonds held by him as security for the safekeeping and prompt payment of the state moneys in such depositaries.

Treasurer not responsible for deposits.

§ 6. The state treasurer shall not be responsible for any moneys deposited in a bank or in banks under the provisions of this act while the same remain there deposited with the consent of the governor and controller; but the treasurer shall be chargeable with the safekeeping, management and disbursement of the bonds and certificates of deposit deposited with him as security for deposits of state moneys, and with the interest thereon, and the proceeds of any sale under the provisions of this act.

Certificates of deposit. Warrants paid by certificates.

§7. At the time of depositing state moneys in any bank designated as a depositary the treasurer shall take a certificate or certificates of deposits made payable to the treasurer of state in such sum or sums as he shall deem advisable. Such certificate or certificates of deposit in the possession of the treasurer shall be deemed and counted as cash by the state board of examiners. Controller's warrants drawn upon the state treasury may be paid by such certificates of deposit when properly indorsed by the treasurer the same as in cash.

Act of 1905 repealed.

§ 8. The act of March 20, 1905, entitled "An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts or parts of acts in conflict with this act," and all other acts or parts of acts in conflict with this act are hereby expressly repealed.

АСТ 4135.

Relating to treasurers, their deputies and clerks, in counties and cities and counties having a population of two hundred thousand inhabitants or over. [Stats. 1893, p. 282.]

Superseded as to San Francisco by the charter of that city. This act appears in full in Political Code, Appendix, tit. "Treasurers," p. 1480.

АСТ 4136.

Authorizing the state treasurer to pay controller's warrants drawn for the salaries of public officers who are entitled to monthly payments from the state. [Stats. 1873-74, p. 593.]

Codified by § 461 of Political Code.

АСТ 4137.

For the better protection of the state treasury. [Stats. 1867-68, p. 554.]

This act authorized the state treasurer to employ two watchmen. The code commissioners say of it: "Doubtless superseded by § 457, Political Code, but nevertheless amended by statute of 1895, p. 55, c. LIV."