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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.

ACT 2069.

TITLE 297.
MARIN COUNTY.

Declaring certain creeks in Marin County navigable. [Stats. 1861,

Amended 1869-70, p. 663.

p. 469.]

The act declared Guaymas, San Rafael, Corte Madera, and Sausalito creeks navigable. The amendment of 1869-70 amended the act by omitting Guaymas and Sausalito creeks. The San Rafael and Corte Madera creeks were declared navigable by Political Code, § 2349.

ACT 2070.

For the relief of. [Stats. 1861, p. 121.]

This act provided that when the coroner of Marin County was required to inquire into the death of a convict in state prison, the fees should be a state and not a county charge. It also made the same provision where physicians were called in to inquire into the sanity of a convict at the state prison.

ACT 2071.

ACT 2072.

Concerning lawful fences in. [Stats. 1858, p. 123.]

Compensation of certain officers of.

[Stats. 1873-74, p. 433.]

Repealed as to county judges by the constitution of 1879, and as to the other officers by County Government Act, 1897, p. 554, § 195.

ACT 2073.

Election of road overseers in. [Stats. 1877-78, p. 544.]
Repealed by Political Code, § 2642.

АСТ 2074.

Superintendent of schools, salary of. [Stats. 1873-74, p. 212.]
Repealed by County Government Act, 1897, p. 553, § 195.
АСТ 2075.

Public schools, Dixie district. [Stats. 1873-74, p. 339.]

ACT 2076.

School moneys, distribution of. [Stats. 1875-76, p. 568.]
Superseded by Political Code, § 1858, as amended 1893, p. 264.

ACT 2077.

Restricting the herding of sheep in. [Stats. 1857, p. 227.]

Amended 1858, p. 165; 1859, p. 119; 1860, p. 332; 1869-70, p. 304; 1871-72, p. 890; 1877-78, p. 79,

Continued in force by Pol. Code, § 19. See Stats. 1897, p. 198, and Stats. 1901, p. 603,

ACT 2078.

To prevent stock from running at large upon roads and highways of. [Stats. 1875-76, p. 482.]

Modified by the estray law of 1897, p. 198, and 1901, p. 603.

ACT 2079.

Tax collector, bond of. [Stats. 1877-78, p. 196.]
Repealed by County Government Act, 1897, p. 475, § 66.
ACT 2080.

Road poll taxes in, collection of. [Stats. 1875-76, p. 180.J
Repealed by Political Code, § 2652, as amended 1891, p. 478.

АСТ 2085.

TITLE 298.
MARIPOSA COUNTY.

Licenses, collection of. [Stats. 1875-76, p. 508.]
Repealed by County Government Act, 1897, p. 452.

ACT 2086.

Regulating salaries of certain officers of.
Repealed by County Government Act, 1897, p. 566, § 207.

[Stats. 1873-74, p. 83.]

АСТ 2087.

Providing for maintenance and construction of roads and highways in. [Stats. 1875-76, p. 650.]

Amended 1877-78, p. 277. Repealed 1883, p. 5, c. X, § 2.

ACT 2088.

Treasurers of, bonds of. [Stats. 1875-76, p. 17.]
Repealed by County Government Act, 1897, p. 457, § 66.

АСТ 2089.

Authorizing the levy of additional tax in. [Stats. 1873-74, p. 364.] Superseded by subds. 12 and 18, § 25, County Government Act, 1897, pp. 460,

463.

АСТ 2094.

TITLE 299.
MARKLEEVILLE.

Incorporating Markleeville. [Stats. 1863-64, p. 441.]

TITLE 300.

MARKS AND BRANDS.

ACT 2099.

Concerning marks and brands.

[Stats. 1851, p. 411.]

Amended 1857, p. 131; 1861, 373; 1862, pp. 28, 424. Superseded by Political Code, §§ 3167-3185.

ACT 2100.

To prevent fraud and imposition in the matter of stamping and labeling produce and manufactured goods. [Stats. 1887, p. 17.]

Codified by § 349a of Penal Code, 1905. See note to § 349a, Penal Code.
Consult, also, the following:

АСТ 2101.

An act to provide for the marking or branding of boxes or barrels containing citrus fruit for shipment, and fixing a penalty for the violation thereof, and for the appointment of an inspector under its provisions.

[Approved March 23, 1901. Stats. 1901, p. 663.]

(See Stats. 1903, p. 338, post, Act 2102, and ex parte Hayden, 147 Cal. 649.) § 1. All citrus fruit contained in boxes or barrels, which shall hereafter be shipped, or offered for shipment in this state by any person, firm, or corporation, shall have stamped, stenciled, or printed in a conspicuous place on the outside of every such box or barrel, in clearly legible letters, a statement truly and correctly designating the county and immediate locality in which such fruit was grown. Such statement shall be placed thereon by the shipper of said fruit.

§ 2. Any person, firm, or corporation violating any of the provisions or requirements of section 1 of this act shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than two hundred dollars nor more than five hundred dollars.

§ 3. The governor of the state of California, upon the passing of this act, shall appoint one inspector of citrus fruit shipments, to serve without compensation, whose duty it shall be to examine boxes and barrels used in the shipment of citrus fruits; and upon the discovery by said inspector of any violation of the requirements of this act he shall forthwith give notice thereof to the district attorney of the county in which the offense was committed, and upon receiving such notice it shall be the duty of such district attorney to prosecute the offender under the provisions of this act.

§ 4. This act shall take effect immediately on and after its passage.

АСТ 2102.

An act to provide for the marking, branding, or labeling of boxes, barrels, or packages containing fruits, fresh or dried, and fixing a penalty for the violation thereof, and for the appointment of inspectors under its provisions.

[Approved March 20, 1903. Stats. 1903, p. 338.]

Unconstitutional. Ex parte Hayden, 147 Cal. 649.

Citations. Cal. 147/650.

See Penal Code, § 349a.

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