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TITLE VII.

General Police of the State.

Chapter I. Immigration. 88 2949–2969.
II. Preservation of the Public Health. Articles I-V. 88 2978–

3064.
III. Registry of Births, Marriages, and Deaths. $8 3074–3084.
IV. Dissection. $8 3093-3095,

V. Cemeteries and Sepulture. $8 3105-3111.
VI. Lost and Unclaimed Property. Articles I, II. $$ 3136–

3158.
VII. Marks and Brands. Articles I-III. $$ 3167-3201.
VIII. Weights and Measures. $$ 3209-3223.

IX. Labor and Materials on Public Buildings. $$ 3233-3235.
X. Hours of Labor. 88 3244-3250.
XI. Time. $8 3255-3260.
XII. Money of Account. $$ 3272-3274.
XIII. Auctions. Articles I-III. $8 3284-3321.
XIV. Fires and Firemen. $$ 3335-3345.
XV. Licenses. Articles I, II. 88 3356–3387.

CHAPTER I.

Immigration, $ 2949. Duties of masters of vessels arriving in California. $ 2950. Form of report. $ 2951. Oath to be administered to certain passengers. § 2952. Lepers, lazarettos for. $ 2953. Additional bond in certain cases. [Repealed.] $ 2951. Nature of bond. § 2955. Lepers, examination and disposition of. $ 2956. Action on bond. § 2957. Penalty for neglect to give bond. § 2958. Commutation fund, where placed. $ 2959 Fines and penalties, lien on vessel. $ 2960. Other commutations. $ 2961. Commutation-money to be paid into state treasury. 8 2962. Certain vessels exempted. $ 2963. Certain persons exempted. $ 2964. Powers and duties of commissioners of immigration. § 2965. Same and fees. § 2966. Ex officio commissioners. $ 2967. Duties of district attorneys under this chapter. [Repealed.) $ 2968. Bond of commissioner, § 2969. Disposition of funds.

$ 2949. Duties of masters of vessels arriving in California. Within twenty-four hours after the arrival of any vessel arriving at any of the ports of this state, bringing passengers from any place out of this state, the master of such vessel must make on oath to the commissioner of immigration at such port a written report.

Chinese immigration to be discouraged: Const., art. XIX, 4. Importing foreign convicts is misdemeanor: Pen. Code, 173. Separate prosecution for each person landed: Pen. Code, $ 175. Landing Chinese without permit, punishment for: Pen. Code, 174.

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Legislation § 2949. Enacted March 12, 1872; based on Stats. 1852, p. 78, § 1, as amended by Stats. 1853, p. 11. § 2950. Form of report. The report must state:

One-The name, place of birth, last residence, age, and occupation of all such passengers who are not citizens, or who shall have, within the last preceding twelve months, arrived from any country out of the United States, and who have not been examined, bonded, or paid commutationmoney, as provided in this chapter, or have been landed from any such vessel at any place during her last voyage, or who have gone on board of any vessel with the intention of coming into this state, or who may have died during the last voyage of such vessel; and,

Two-Whether any of the passengers so reported are lunatic, idiotic, deaf, dumb, blind, crippled, infirm, or are lepers, or persons affected with any of the diseases known as leprosy or elephantiasis.

Three-The names and residences of the owners of such vessel. [Amendment approved 1876; Code Amdts. 1875–76, p. 53.]

Subd. 2. Lepers, disposition of: See post, $ 2952.

Legislation § 2950. 1. Enacted March 12, 1872; based Stats. 1852, p. 78, § 1, as amended by Stats. 1853, p. 71. 2. Amended by Code Amdts. 1873–74, p. 38. 3. By Code Amdts. 1875–76, p. 53.

§ 2951. Oath to be administered to certain passengers. The master or commander of the vessel must administer to any passenger of foreign birth, who declares himself a citizen of the United States, the following oath: “I,

do solemnly swear (or affirm) that I was born in —; that I am a naturalized citizen of the United States; that I was naturalized and received my certificate of naturalization in the state of

-" Legislation § 2951. Enacted March 12, 1872; based on Stats. 1852, p. 78, § 1, as amended by Stats. 1853, p. 71.

§ 2952. Lepers, lazarettos for. It shall not be lawful for lepers or persons affected with leprosy or elephantiasis to live in ordinary intercourse with the population of this state; but all such persons shall be compelled to inhabit such lazarettos or lepers' quarters as may be assigned to them by the board of supervisors of the city or county in which they shall be domiciled or settled, and the board of supervisors are vested with power and are required to make all necessary provisions for the separation, detention, and care of lepers or persons affected with leprosy or elephantiasis, settled or domiciled in their respective citie's or counties. The superintendent or manager of all lepers' quarters under this chapter shall forward quarterly statements, showing the name, age, sex, and birthplace of each leper in such quarter, to the secretary of state, who shall keep a proper record of such matters for the information of the public. [Amendment approved 1876; Code Amdts. 1875–76, p. 53.]

Legislation & 2952. 1. Enacted by Code Amdts. 1873–74, p. 39. 2. Amended by Code Amdts. 1875–76, p. 53. The original code $ 2952 (based on Stats. 1852, p. 79, $ 2), entitled "Bond may be required of owner or consignee of vessel," was repealed by Code Amdts. 1873–74,

in the year

P. 39.

§ 2953. Additional bond in certain cases. Amdts. 1873-74, p. 39.]

(Repealed 1871; Code Legislation § 2953. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873–74, p. 39.

§ 2954. Nature of bond. The bond required hy the next preceding section, must be a separate bond for each passenger, and the same sureties must not be upon more than one bond. Each bond must be secured by two or more sufficient sureties, residents of the state, each of whom must prove, before the commissioner of immigration, by oath or otherwise, indorsed in writing on such bond, that he is a freeholder and resident of the state, and is worth double the amount of the peualty of the bond in real estate, over and above all his debts and liabilities. The bond may, at the option of the party, he secured by mortgage on real estate, or by the pledge and transfer of United States bonds, or controller's warrants of this state, in any amount sufficient to secure the same.

[Amendment approved 1874; Code Amdts. 1873–74, p. 41.] Legislation § 2954. 1. Enacted March 12, 1872; first sentence based on Stats. 1852, p. 79, § 3, as amended by Stats. 1862, p. 486, § 1. 2. Amended by Code Amdts. 1873–74, p. 41.

$ 2955. Lepers, examination and disposition of. The commissioner of immigration must satisfy himself whether or not any person who shall arrive in this state, by vessel from any foreign port or place, is a leper, or affected with the disease known as leprosy or elephantiasis, before such person sliall mingle with the population of this state. For the purpose of ascertaining said fact the commissioner is vested with the power and authority to detain all such persons on board any such vessel so arriving, and to assign the vessel to a berth or anchorage separate and apart from other vessels, and at a safe and suitable distance from the shore, if in his judgment it shall be necessary, until such fact can be fully ascertained by him. Such fact shall be ascertained by personal inspection and examination of each and every person on board such vessel; and the commissioner of immigration is authorized, empowered, and required to make such personal inspection and examination of all persons so arriving by any such vessel, the same to be made at such berth or anchorage as he shall, in his discretion, assign to such vessel for that purpose, and shall be made before the landing of any person thereupon. All of such persons who, upon inspection and examination, are found to be lepers, or affected with the disease known as leprosy or elephantiasis, shall be taken in charge by the commissioner of immigration, and placed in a suitable lazaretto, or lepers' quarter, to be provided or designated by the board of supervisors, whenever necessary for that purpose, as hereinbefore prescribed, and there detained and properly cared for separate and apart from the general population of this state, so long as they, the said lepers, shall elect to remain in the state of California, or until they shall have recovered from said disease, and no longer. All of such persons as shall be found to be free from said disease shall be allowed to depart and go at their will, without unnecessary detention or delay, and shall be entitled to receive a certificate of the fact of their freedom from said disease from said commissioner. For his services in making such examination and inspection the commissioner of immigration shall demand and collect from the master, owner, or signee of such vessel the sum of seventy cents in United States gold or silver coin, for each and every person so examined or inspecter, which

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sum, except four thousand dollars a year and expenses of office, shall, when required for such purpose, be paid by the commissioner into the state treasury, to be used in the maintenance, when necessary, of such lazarettos or lepers' quarters as shall be constructed under this law. Any master, owner, or consignee of any vessel arriving at any port of this state who shall fail or refuse to perform, or permit the performance of, any of the acts or things required by this chapter, or to take and occupy with his vessel the berth or anchorage assigned for the same by the commissioner, pending the examination and inspection herein provided for, or who shall permit or allow any person arriving in such vessel to depart therefrom, and to communicate, mingle, or associate with the population of this state or any part thereof, until after such examination and inspection by the commissioner is had, shall, for every such act or omission, forfeit to the commissioner of immigration the sum of one thousand dollars in United States gold coin, to be sued for and recovered by suit in any court of competent jurisdiction, and to be applied in like manner with the fees. And any master, owner, or consignee of any such vessel so arriving, who shall refuse or neglect to pay or cause to be paid to said commissioner the fee of seventy cents for the examination and inspection of each and every person so arriving in such vessel, shall forfeit to said commissioner, for each case, the sum of five hundred dollars in United States gold coin, to be recovered and applied as above. And the commissioner shall have a lien upon the vessel, and the same shall be sold to pay any judgment recovered under this act. The commissioner shall have the power to call in the aid of the sheriff and all police authorities to assist in enforcing this law. And he may appoint one or more deputies under him, who shall be invested with all the powers of the commissioner and may discharge his official duties when required by him. The commissioner of immigration must prepare and transmit to the secretary of state quarterly statements, certified under his hand and seal, showing the name, age, sex, birthplace, and present residence of every leper, or person affected with leprosy or elephantiasis, examined or inspected by him, as well as any other information or fact touching the character and prevalence of said disease within his knowledge.

Fees of commissioner: See post, $8 2961, 2969.
Fines and penalties, lien for and action for: See post, $ 2959.

Legislation & 2955. 1. Enacted March 12, 1872 (based on Stats. 18:52, p. 79, $ 3, as amended by Stats. 1862, p. 186, § 1), and then related to the commutation of the bonds required by this chapter. 2. Repealed by Code Amdts. 1873–74, p. 41. 3. "Re-enacted and amended” by Code Amdts. 1875–76, p. 54.

§ 2956. Action on bond. If any person for whom a bond has been given under this chapter, within the time specified in such bond, becomes chargeable upon any city, town, or county of this state, an action may be brought upon such bond in the name of the people of this state, by the distriet attorney of the county. The plaintiff in the action is entitled to recover upon such bond, from time to time, so much money, not in the whole exceeding the penalty of such bond, exclusive of costs, as may be sufficient to defray the expense incurred by any such city, town, or county, for the maintenance and support of the person for whom the bond may have been given. The amount of such recovery may be col. lected from the sale of the real estate or other security mortgaged, pledged, or deposited therefor, ir. conformity with this chapter.

Legislation § 2956. Enacted March 12, 1872; based on Stats. 1852, p. 80, 8 6.

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§ 2957. Penalty for neglect to give bond. If any person or consignee neglects or refuses to give any of the bonds required by this chapter within three days after the landing of such passenger, or the indorsement of the commissioner, or does not within that time make the commutation authorized by section two thousand nine hundred and fifty-five, he is liable to the state of California in the penal sum of one thousand dollars for each passenger on whose account such bond may have been required, or for whom such commutation might have been made under this chapter.

Legislation & 2957. Enacted March 12, 1872; þased on Stats. 1852; P. 81, 87.

§ 2958. Commutation fund, where placed. All moneys received in commutation of bonds, and paid into the state treasury, must be placed to the credit of the general fund. [Amendment approved 1874; Code Amdts. 1873–74, p. 132.]

Commutation of bonds: See post, $ 2960.

Legislation & 2958. 1. Enacted March 12, 1872; based Stats. 1860, p. 214, $$ 8, 9. 2. Amended by Code Amdts. 1873–74, p. 132.

§ 2959. Fines and penalties, lien on vessel. For all fines and penalties imposed by this chapter upon any master or commander, owner or consignee, for any omission, neglect, or refusal to perform any act or duty required by this chapter, such vessel is liable; and the amount of such fines or penalties are [is] a lien upon such vessel, and have priority over all other liens, except those for seamen's wages, bottomry bonds, and respondentia. Such penalties and fines may be sued for and recovered in a civil action, with costs of suit, by the commissioner, or by his authorized attorney, in the name of the people of the state of California, in any court having cognizance thereof, and when recovered must, after deducting the expenses, be paid into the state treasury.

Actions against vessels, etc.: Code Civ. Proc., $$ 813–827.

Importing forbidden persons, punishment for: See Pen. Code, $ $ 173175.

Lien for fines and penalties: See ante, § 2955.

Legislation 8 2959. Enacted March 12, 1872; based on Stats. 1852, p. 81, § 9, as amended by Stats. 1853, p. 71.

§ 2960. Other commutations. The commissioner may compound or commute, for any of the penalties or fines, upon such terms as he thinks proper, and at the end of every month report to the controller of state the reasons and causes of such compounding or commutation. He may also compound or commute, with the owner or consignee of any vessel, for any bond required to be given by such owner or consignee for such passengers as have been paupers in any other country, or who, from their condition at the time of their arrival in this state, or from sickness or disease at the time of their leaving the port of departure, are a public .

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