ACT 2039. To prohibit lotteries, raffles, gifts, enterprises and other schemes of like character. [Stats. 1861, p. 229.] To prevent hogs from running at large in. [Stats. 1877-78, p. 435.] Probably repealed by 1897, p. 198. TITLE 292. ACT 2049. LUMBER MANUFACTURERS. Lumber manufacturers, protection of. [Stats. 1875-76, p. 32.] This act prescribed a penalty for driving into logs, etc., any substance sufficiently hard to injure saws. TITLE 293. MADERA COUNTY. ACT 2054. To create the county of Madera, to define the boundaries thereof, to determine the county seat, and to provide for its organization and election of officers, and to classify said county. [Approved March 11, 1893. Stats. 1893, p. 168.] Unconstitutional in part: People v. Markham, 104 Cal. 232. An act providing for the labeling or stamping by the manufacturer, vendor, or person, offering for sale any article of hotel, boarding or lodging-house, or domestic or office furniture, the cushions whereof are stuffed in whole or in part with materials made of second-handor cast-off clothing, rags, or cast-off, or second-hand material of any character, so that the label or stamp shall show the character of the materials with which such articles are so partly made or stuffed, and making the violation of any of the provisions of this act a misdemeanor. [Approved March 18, 1909. Stats. 1909, p. 400.] § 1. All persons manufacturing in this state, in whole or in part, any article of hotel, boarding-house, lodging-house or domestic or office furniture, or beds or mattresses, or cushions, used or intended to be or that could be used by human beings, that are stuffed or made in whole or in part, with material composed in whole or in part from second-hand or cast-off clothing, rags, or second-hand, or cast-off material of any character whatever, or with shoddy, shall at the time of the completion of such manufacture attach to a conspicuous place upon each of such articles so manufactured by him, a label or stamp showing the correct character of the materials with which the cushion portion of such articles of furniture or beds or cushions or mattresses are stuffed, and no person so manufacturing any such articles shall allow the same or any thereof to leave his possession in the course of trade or business unless such label or stamp is so affixed, and no person shall sell, or offer for sale, in this state any of such articles of furniture, or beds, or mattresses, or cushions, whether the same are manufactured in this state or not, unless such a label or stamp is so affixed. § 2. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty, nor more than five hundred dollars, or imprisoned not more than six months, or by both such fine and imprisonment. TITLE 296. ACT 2064. An act requiring the recording of maps of cities, towns, additions to cities or towns, or subdivisions of lands into small lots or tracts for the purposes of sale, and providing a penalty for the selling or offering for sale any lots or tracts in cities, towns, additions to cities, towns, subdivisions, or additions thereto, before such maps are filed and recorded. [Approved March 9, 1893. Stats. 1893, p. 96.] Amended 1901, p. 288. Citations. Cal. 153/799, 802. § 1. Whenever any city, town, or subdivision of land into lots, or any addition to any city, town, or such subdivision, shall be laid out into lots for the purposes of sale, the proprietor or proprietors thereof shall cause to be made out an accurate map or plat thereof, particularly setting forth and describing, First. All the parcels of ground within such city, town, addition, or subdivision reserved for public purposes, by their boundaries, courses, and extent, whether they be intended for avenues, streets, lanes, alleys, courts, commons, or other public uses; and, Second. All lots intended for sale, either by number or letter, and their precise length and width. § 2. Such map or plat shall be acknowledged by the proprietor, or if any incorporated company, by the chief officer thereof, before some officer authorized by law to take the acknowledgment of conveyances of real estate. §3. The map or plat so made, acknowledged, and certified shall be presented to the governing body having control of the streets, roads, alleys, and highways in the territory shown on the map or plat, and said governing body shall indorse thereon which streets, roads, alleys, and highways, offered by said map or plat, they accept on behalf of the public, and thereupon such streets, roads, alleys, and highways, only as have been thus accepted, shall be and become dedicated to public use. When so indorsed, and not before, said map or plat shall be recorded in the office of the county recorder of the county in which the city, town, addition, or subdivision is situated, in a book kept for that purpose. The map or plat shall be not more than thirty-six inches by thirty-six inches in size, and shall be drawn in all details clearly and legibly, and if not so drawn may be refused by the county recorder. When such map or plat is presented to be recorded the county recorder shall paste the same securely in a book of maps, and it shall then be deemed to have been recorded under the provisions of this act. [Amendment became a law under constitutional provision without governor's approval March 14, 1901. Stats. 1901, p. 288. In effect in sixty days.] § 4. Every person who sells or offers for sale any lot within any city, town, subdivision, or addition, before the map or plat thereof is made out, acknowledged, filed, as herein provided, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars and not more than five hundred dollars, or by imprisonment in the county jail not to exceed six months, or both such fine and imprisonment. ACT 2065. An act requiring the recording of maps of subdivisions of land into lots for the purpose of sale, and prescribing the conditions on which such maps may be recorded and prohibiting the selling or offering for sale of land by reference to said maps unless the same are recorded. [Approved March 15, 1907. Stats. 1907, p. 290.] Recording tracts of subdivided land. Particular description. § 1. Whenever any tract or subdivision of land shall be laid out into lots for the purpose of sale, the owner or owners thereof shall cause to be made out and filed with the county recorder of the county in which the same is situated, an accurate map or plat thereof on cloth particularly setting forth and describing: First: All parcels of ground within such tract or subdivision offered for dedication for public uses, whether they be intended for public high ways, parks, courts, commons or other public uses, and their dimensions and boundaries and the courses of their boundary lines. Second: All lots intended for sale, or reserved for private purposes and not offered for dedication to the public use, either by number or letter, and their dimensions and boundaries and the courses of their boundary lines. All parcels of land offered for dedication as public highways and not accepted by the proper authorities upon presentation to them, shall also be designated by number or letter. Third: The exact location of such tract or subdivision of land into lots with reference to adjacent subdivisions of land into lots, the maps or plats of which have been previously recorded, if any, or if none, then with reference to corners of a United States survey, or to some natural or artificial monument. Size of map. § 2. Every such map or plat shall be on cloth and be clearly and legibly drawn in all its details upon tracing cloth of good quality, or other equally durable material, and shall be not more than thirty-six by thirty-six inches in size, and if it occupies more than one sheet the sheets shall be numbered consecutively and each sheet shall contain a reference to the others showing where they connect with it. Clear title must be shown. § 3. Upon every such map or plat there shall be indorsed a consent to the making thereof, signed by the owner or owners of the tract or other subdivision of land shown thereon, and also by all other persons whose consent is necessary to pass a clear title to such land, and acknowledged by all the signers in the same manner as conveyances of real property; also a certificate from the county auditor, and from the auditor or other proper officer of any municipal corporation in which any part of such tract or other subdivision is situated, showing that there are no liens for unpaid state, county, municipal or other taxes, except taxes not yet payable, against said tract or subdivision of land or any part thereof. Upon every such map or plat which shows any parcels of land intended for public use and not previously dedicated therefor, there shall be indorsed a statement of the dedication of such parcels of ground intended for public use, executed by the owner or owners and by all other persons whose consent is necessary to pass a clear title to such parcels of ground to the public, and acknowledged by all persons executing the same in the same manner as conveyances of real property. Acceptance of public highways. § 4. The map or plat so made, indorsed and acknowledged shall, if the same offers for dedication any highway, or portion thereof, be presented to the board of supervisors, board of trustees, city council or other governing body having control of public highways in the territory shown on such map or plat, and said governing body shall indorse thereon which of the public highways offered by said map or plat they accept on behalf of the public, and thereupon such highways as have been so accepted, and no others, shall be and become dedicated to the public use. Name of plat to be indorsed on map. Duty of recorder. § 5. Upon every such map or plat there shall be indorsed a name, title or designation, but no such tract or subdivision of land into lots shall be given any title, name or designation that is the same as the name of any existing city, town, tract or subdivision of land into lots in the same county, of which the map or plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion as to the identity thereof. Whenever any map or plat required by this act to be made shall be presented to a county recorder for filing or recording, he shall examine the title, name or designation indorsed thereon and compare the same with the records in his office, and if he finds that said title, name or designation violates this section in any respect, he shall refuse to file or record such map or plat, whether the same be offered for record as a separate map or as a licensed surveyor's record, or as a part of any deed or other instrument. Recorder not to accept unauthorized dedication. § 6. No map or plat showing any public highways or portion of a public highway not already dedicated to the public use shall be accepted by the recorder for filing or recording, whether offered for record as a separate map or as a licensed surveyor's record or as a part of a deed or other instrument, unless the same shall have been presented and indorsed as required by section 4 of this act. No map or plat referred to in this act shall be accepted by the county recorder for filing or recording unless the same shall in all respects comply with the provisions of this act, and the recorder shall be entitled, before accepting or refusing such map or plat, to sufficient time to enable him to examine the same. Book of maps. §7. When any map or plat referred to in this act is presented to the county recorder and is received and accepted by him, he shall paste or otherwise fasten the same securely in a book of maps which he shall keep in his office, and it shall be deemed to have been recorded and shall become a public record. Sale of lots by reference to map. § 8. No person shall sell or offer for sale any lot or parcel of land, by reference to any map or plat, unless such map or plat has been made, certified, indorsed, acknowledged and filed in all respects as provided in this act, or was filed or recorded prior to the taking effect of this act and in accordance with the laws in force at the time it was so filed or recorded. Penalty for violation of act. $9. Every person who violates any of the provisions of this act is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than $25, and not more than $500, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. |