at once cancel such evidences of indetebdness by indorsing thereon the amount for which they were received, the word "canceled" and the date of cancellation. He shall keep a record of all bonds sold or exchanged by him, by number, date of sale, amount, date of maturity, the name and postoffice address of purchasers, and, if exchanged, what evidence of indebtedness was received therefor, which record shall be open at all times for public inspection. No such bonds shall be sold or exchanged for any indebtedness of the district except by the approval of the board of directors or trustees thereof.

§ 3. The board of directors or trustees shall cause to be assessed and levied each year upon the assessable property of the district, in addition to the levy authorized for other purposes, a sufficient sum to pay the interest on outstanding bonds, issued in conformity with the provisions of this act, accruing before the next annual levy, and such proportion of the principal, that at the end of five years the sum raised from such levies shall equal at least twenty per cent of the amount of bonds issued, at the end of nine years at least forty per cent of the amount, and at and before the date of maturity of the bonds shall be equal to the whole amount of the principal, and the money arising from such levies shall be known as the bond fund, and shall be used for the payment of bonds and interest coupons, and for no other purpose whatever; and the treasurer shall open and keep in his books a separate and special account thereof, which at all times shall show the exact condition of said bond fund.

§ 4. Whenever there shall be in the bond fund of such district a surplus of five hundred dollars or more, over and above the interest maturing before the next levy, the treasurer shall give notice for two weeks in one or more newspapers of general circulation, printed and published in the county in which such district is situated, stating the amount of such surplus, and that on the day and hour named in such notice, sealed proposals will be received at his office for the surrender of bonds of the district, and shall at the time and place named open the proposals and accept the lowest bid; provided, that no bid shall be accepted for an amount exceeding the par value of such bonds with accrued interest; if bids are not offered, at par, or less, sufficient to exhaust the amount on hand applicable to redemption, the treasurer shall publish for the same time and in the same manner a notice that he will redeem a bond or bonds of said district, giving the number or numbers thereof, and that if not presented for redemption within thirty days after the date of the first publication of such notice, the interest thereon will cease, and the amount due thereon will be set aside for the payment of such bond or bonds whenever presented. If any such band be not so presented, interest thereon shall cease, and the amount due thereon shall be set aside as specified in said notice. All redemption of bonds other than those voluntarily surrendered shall be made in the exact order of their issuance, beginning with the lowest or first number.

§ 5. This act shall take effect immediately.

АСТ 1926.

TITLE 276.
LEXINGTON.

Lexington, Los Angeles County, name changed to El Monte. [Stats. 1875-76, p. 854.]

TITLE 277.

LIBEL.

ACT 1931.

Concerning actions for libel and slander. [Stats. 1871-72, p. 533.]

Amended 1880, p. 81.

It

Citations. Cal. 69/530; 78/571, 572; 93/422, 425; 153/670. App. 3/126. This act appears in full in Code of Civil Procedure, Appendix, p. 863. required the plaintiff to give a bond for costs. It was not repealed by the Code of Civil Procedure: Smith v. McDermott, 93 Cal. 421.

TITLE 278.
LICENSES.

АСТ 1936.

To provide for miners' licenses from foreigners. [Stats. 1853, p. 62.] Amended 1854, p. 55; 1855, p. 216; 1856, p. 141; 1857, pp. 60, 182, 360; 1858, p. 302. Supplemented 1866, p. 380.

"Doubtless unconstitutional; but see People v. Naglee, 1 Cal. 232; Lin Sing v. Washburn, 20 Cal. 544."-Code Commissioner's Note.

ACT 1937.

To prohibit the issue of licenses to aliens not eligible to become electors. [Stats. 1880, p. 39.]

"Unconstitutional: People v. Quong On Long, 6 Pac. C. L. J. 192. See Political Code, § 3666, as amended 1901, p. 635."-Code Commissioners' Note.

ACT 1938.

Enforcing the collection of license taxes. [Stats. 1871-72, p. 539.] This act imposed upon the district attorney the duty of instituting proceedings against persons neglecting to pay ferry or bridge license taxes.

ACT 1939.

Authorizing the payment of salaries by boards of supervisors to persons who have been employed to collect county licenses, and legalizing all payments heretofore made to such persons. [Approved March 27, 1895. Stats. 1895, p. 267.]

АСТ 1940.

An act restricting the powers of boards of supervisors in the matter of imposing licenses upon the business of raising, herding, grazing, and pasturing sheep.

[Approved February 26, 1903. Stats. 1903, p. 41.]

§ 1. No license or licenses greater than five cents per head shall be imposed by the board of supervisors of any county on the business of raising, herding or pasturing sheep, and any and all licenses imposed by the board of supervisors of any county on the business of raising, herding or pasturing sheep, in excess of five cents per head, shall be and are hereby declared invalid; provided, the provisions of this act shall not apply to any license tax the validity of which is involved in any suit now pending, or to any such license tax due when this act takes effect. § 2. This act shall take effect immediately.

АСТ 1941.

An act imposing a license tax upon itinerant vendors of drugs, nostrums, ointments, or appliances sold for the cure of disease, injuries, or deformities.

[Approved March 20, 1903. Stats. 1903, p. 284.] Amended 1907, p. 765; 1909, p. 419.

§1. No person as principal or agent, shall conduct as an itinerant vendor the business of selling or in any manner disposing of drugs, nostrums, ointments or any appliances for the treatment of disease, deformities or injuries, within this state, without previously obtaining a license therefor as herein provided. [Amendment approved March 19, 1909. Stats. 1909, p. 419.]

§ 2. A license fee of one hundred dollars is hereby levied upon all such itinerant vendors doing business in this state. Said tax shall be paid to the state board of pharmacy, for the use and benefit of the state of California, and shall constitute a special fund for the enforcement of this act, and of the provisions of the act or acts creating such board of pharmacy. Upon the receipt of said sum from any persons desiring to conduct such business within this state, the secretary of said board of pharmacy shall issue a license to such person to carry on such business within this state for the term of six months next ensuing; provided that nothing in this act shall be construed to prevent the collection of any tax or license that may be imposed by any county or municipal authority; and provided, further, that nothing herein contained shall prevent manufacturing pharmaceutical firms from placing their products on the market through their agents and managers subject to the provisions of section 3 of this act. The said board of pharmacy may allow such license to be transferred during the life thereof on such terms as the board of pharmacy may deem proper; provided however, that nothing in this act shall be held to repeal or modify the provisions of an act approved March 20, 1905, "An act permitting all ex-Union soldiers and sailors of the Civil War, honorably discharged from military or marine service of the United States, the right to vend, hawk and peddle goods, wares, fruits or merchandise not prohibited by law, in any county, town or village, incorporated city or municipality in the state of California, without paying a license." [Amendment approved March 21, 1907. Stats. 1907, p. 765.]

§ 3. Itinerant vendors under the meaning of this act shall include all persons who carry on the business above described by passing from house to house, or by haranguing the people on the public streets or in public places, or use the various customary devices for attracting crowds and therewith recommending their wares, and offering them for sale.

§4. Said board of pharmacy sball on the first day of July of each year make a verified and itemized statement in writing to the controller of this state, of all receipts and disbursements of money coming into their hands by reason of this act.

$5. Any person violating any of the provisions of this act, who shall without such license, sell or offer for sale any of the above-described drugs, nostrums, ointments, 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 dollars, 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 2 of this act.

§ 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.

§7. All acts or parts of acts conflicting with this act [are] hereby repealed, in and so far as they conflict.

§ 8. This act shall take effect and be in force sixty days after its passage.

АСТ 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 county 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.]

§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 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 vehicle 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.

§ 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 1 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.

§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 judgment of imprisonment exceed a period of twenty-four hours for violation of said ordinance.

§ 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 municipal jurisdietions, but within the county, by and with the consent of the board of supervisors of such county.

§ 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