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For every violation of this section, in addition to the criminal penalty, the auctioneer forfeits two hundred and fifty dollars.

Penalties, recovery and disposition of: See post, $ 3323.

Legislation § 3289. Enacted March 12, 1872; based on Stats. 1861, p. 446, § 83.

§ 3290. Not to transfer license. No auctioneer is permitted to transfer his license to any other person for any part of the time for which his license is issued; nor is any auctioneer permitted to use his license for the purpose of transacting an auction business in more than one store or specified place of business.

More than one place: See post, $ 3302.

Legislation & 3290. Enacted March 12, 1872; based on Stats. 1859, p. 354, $ 7.

§ 3291. Auctioneers ex officio. In any city or town where there is no auctioneer, the sheriff or a constable thereof is ex officio auctioneer, and is permitted to sell any property, real or personal, at public auction; and for any delinquency as such ex officio auctioneer he is liable on his official bond.

Legislation 8 3291. Enacted March 12, 1872; based on Stats. 1859, p. 354, $ 9.

§ 3292. Assistant, who may be and when. Every auctioneer, in case of inability to attend an auction by reason of sickness, or the performance of any duty imposed upon him by law, or during a temporary absence from the city or county within which he is auctioneer, may employ a copartner or clerk to hold such auction in his name and behalf, such employee to take and file with the clerk of the county an affidavit faithfully to perform the duties of auctioneer. But any auctioneer may employ a crier at any sale, for whose acts he shall be responsibie. [Amend. ment approved 1874, Code Amdts. 1873–74, p. 136.]

Legislation & 3292. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873–74, p. 136.

ARTICLE II.

Regulations Respecting Sales. $ 3302. Auctioneers in cities. to designate their places of business. . $ 3303. To sell at no other place. $ 3304. Power of city authorities. § 3305. Book for live-stock. $ 3306. Book of sales. § 3307. Advertisement of auction sales in San Francisco. $ 3308. Evening sales in San Francisco and Sacramento. $ 3309. Commissions, and penalty for overcharge. § 3310. Quarterly report of sales.

§ 3302. Auctioneers in cities to designate their places of business. No auctioneer in any city of this state must have at one time more than one place for holding auction; and every such auctioneer, before acting as such, must file with the clerk of the county in which such city is situated a writing signed by him designating such place, and naming therein the partners, if any, engaged with him in business.

Legislation § 3302. Enacted March 12, 1872.

§ 3303. To sell at no other place. No auctioneer must expose to sale any articles at any other place than that so designated, except goods sold in original packages as imported, household furniture, and such bulky articles as have usually been sold in warehouses, or in the public streets, or on the wharves.

Legislation § 3303. Enacted March 12, 1872. $ 3304. Power of city authorities. The common council or other corresponding authority of each city may designate such place or places therein for the sale by auction of horses, carriages, and household furniture as they deem expedient.

Legislation & 3304. Enacted March 12, 1872.

$ 3305. . Book for live-stock. Every auctioneer who sells any animal of the horse kind, or any mules, must keep a book, in which he must register the name of each and every person bringing or offering any horse or mule to be sold, and the name of the person purchasing such horse or mule, together with date of such sale, and a description of each horse or mule sold, together with the marks and brands. The book is a public record, subject to the inspection of any person desiring to inspect the same.

Legislation § 3305. Enacted March 12, 1872; based on Stats. 1859, p. 354, § 10.

§ 3306. Book of sales. Each auctioneer must keep a book, in which he must enter all sales, showing the name of the owner of the goods sold, to whom sold, and the amount paid, and the date of each sale, which book must at all times be open for the inspection of any person interested therein.

Legislation § 3306. Enacted March 12, 1872; based on Stats. 1859, p. 355, $ 11.

$ 3307. Advertisement of auction sales in San Francisco. Every auctioneer in the city of San Francisco must, under his own name, give previous notice in one or more of the public newspapers printed in that city of every auction sale made by him; and in case he is connected with any person or firm, his name must in all cases precede, separately and individually, the name of such person or the title of the firm.

Legislation § 3307. Enacted March 12, 1872. § 3308. Evening sales in San Francisco and Sacramento. All sales of goods by public auction in the cities of San Francisco and Sacramento must be made in the daytime, between sunrise and sunset, excepting:

1. Books, prints, or paintings;

2. Goods sold in the original package as imported, according to printed catalogue, of which samples must have been opened and exposed to public inspection at least one day previous to the sale.

Legislation § 3308. Enacted March 12, 1872. § 3309. Commissions, and penalty for overcharge. No auctioneer must demand or receive a higher compensation for his services than a commission of one per cent on the amount of any sales, public or private,

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made by him, unless by virtue of a previous agreement in writing between him and the owner or consignee. Every auctioneer who violates this section, in addition to the criminal penalty, forfeits to the party aggrieved two hundred and fifty dollars, and must refund the excess of charge.

Legislation § 3309. Enacted March 12, 1872. § 3310. Quarterly report of sales. Every auctioneer must quarterly make to the county auditor a report, under oath, showing:

1. The aggregate amount of auction sales made by him for the preceding quarter, designating the months and the amount for each month;

2. The days of each month on which auction sales were made, and the character of property sold by him during each month;

3. The amount of all private sales made, and the day on which they were made;

4. A statement of any partner, clerk, or other employee connected with him in his business, and what sales, if any, have been conducted by them, and why; and 5. The particular place where his business is conducted.

False report, or neglect to make any report, penalty for: Post, § 3322.

Legislation § 3310. Enacted March 12, 1872.

ARTICLE III.

Frauds and Penalties.
$ 3322. Penalty for not reporting, or reporting falsely.
§ 3323. Penalties, how recovered, and for what.

$ 3324. Action on bond. § 3322. Penalty for not reporting, or reporting falsely. For every false report made, and for every neglect to make the report required in the preceding article, the auctioneer thereby forfeits the sum of two hundred and fifty dollars, to be recovered on his bond.

Penal provisions concerning auctions: See Pen. Code, $$ 436, 535.

Legislation & 3322. Enacted March 12, 1872. $ 3323. Penalties, how recovered, and for what. The penalties imposed by the provisions of this chapter, not otherwise appropriated, must be prosecuted for by the district attorney of the proper county, the moneys recovered to be paid to the county treasurer for the use of the general fund of the county.

Legislation § 3323. Enacted March 12, 1872. § 3324. Action on bond. Any one aggrieved or damaged by any act of an auctioneer in violation of or contrary to the provisions of this chapter, has an action against him and his bondsmen on his official bond therefor.

Legislation § 3324. Enacted March 12, 1872.

CHAPTER XIV.

Fires and Firemen.
§ 3335. Fire companies in incorporated towns.
$ 3336. To elect Officers and adopt and enforce by-laws.
§ 3337. Firemen, what exempt from.
$ 3338. empt certifica by and to whom issued.
§ 3339. County clerk may issue exempt certificates, when.
§ 3340. Seal of department, who to use and keep.
§ 3341. Record and certificate of exemption.
$ 3342. Duties of chief of fire department,
$ 3343. Chief to attend fires and preserve property.
§ 3344. Setting woods on fire.

§ 3345. Extinguishing fire in woods. § 3335. Fire companies in incorporated towns. Fire companies in incorporated cities and towns are formed and organized under special laws, or under authority conferred upon the city or town government. Those in unincorporated towns and villages are organized by filing, with the recorder of the county in which they are located, a certificate in writing, signed by the foreman or presiding officer and secretary, setting forth the date of the organization, name, officers, and roll of active and honorary members, which certificate and filing must be renewed every six months. There shall not be allowed to any such cities, towns, or villages more than one company for each one thousand inhabitants, but one company shall be allowed in any city, town, or village where the population is less than one thousand. There shall not be allowed to any engine company more than sixty-five certificate members, to any hook-and-ladder company more than sixty-five certificate members, to any hose company more than twenty-five certificate members. [Amendment approved 1909; Stats. 1909, p. 273.]

Fire department and commissioners in unincorporated towns and villages, act providing for: See General Laws, tit. "Fire Department,” Act 1174.

Yearly vacations to members: See General Laws, tit. “Fire Department"" Act 1179.

Pensions for disabled firemen: See General Laws, tit. "Fire Department,” Act 1178.

Act relating to increasing efficiency of department in certain cities: See General Laws, tit. “Fire Department,” Act 1182.

Legislation § 3335. 1. Enacted March 12, 1872; based on Stats. 1853, P. 59, $ 1; Stats. 1854, Redding ed. p. 42, Kerr ed. p. 155, $$ 1, 2. 2. Amended by Code Amdts. 1877-78, p. 61. 3. By Stats. 1909, p. 273.

§ 3336. To elect officers and adopt and enforce by-laws. Every such fire company must choose or elect a foreman, who is the presiding officer, and a secretary and treasurer, and may establish and adopt by-laws and regulations, and impose penalties, not exceeding five dollars or expulsion for each offense.

Legislation § 3336. Enacted March 12, 1872. $ 3337. Firemen, what exempt from. The officers and members of unpaid fire companies regularly organized, and exempt firemen, are entitled to the following privileges and exemptions, viz.: Exemption from payment of poll-tax, road-tax, aud head-tax of every description; exemption from jury duty; exemption from military duty, except in case of war, invasion, or insurrection. [Amendment approved 1878; Code Amdts. 1877–78, p. 62.]

Legislation & 3337. 1. Enacted March 12, 1872; based on Stats. 1853, p. 60, $$ 2, 6; Stats. 1854, Redding ed. p. 42, Kerr ed. p. 155, $$ 1, 2; Stats. 1861, p. 585, § 1; Stats. 1862, p. 465, § 1; Stats. 1863–64, p. 256, § 4. 2. Amended by Code Amdts. 1877–78, p. 62.

§ 3338. Exempt certificate, by and to whom issued. Every fireman who has served five years in an organized fire company in this state is an "exempt fireman," and must receive from the chief engineer of the department to which he belonged a certificate to that effect. Every active fireman must have a certificate of that fact signed by the chief of the fire department or the foreman of the company to which he belongs; such certificates must be countersigned by the secretary, and over the seal of the company, if one provided. Either certificate entitles the holder to exemption from military and jury duty.

False certificate of exemption, issuance of, is misdemeanor: Pen. Code, $ 649,

Legislation & 3338. Enacted March 12, 1872; based on Stats. 18.53, p. 59, $$ 3, 6; Stats. 1854, Redding ed. p. 42; Kerr ed. p. 155, $$ 1, 2; Stats. 1861, p. 585, § 1; Stats. 1862, p. 465, § 1; Stats. 1863-64, p. 256, 88 2, 4, 5.

$ 3339. County clerk may issue exempt certificates, when. In lieu of issuing certificates to exempt firemen by the chief of the fire department, as provided in the last section, on the certificate of the foreman and secretary of any fire company, or the chief of the department, provisions being made therefor in the by-laws of the company, "exempt certificates” may be issued by the clerk of the county over his official seal and signature, which entitles the holder to like exemption from military and jury duty.

Legislation & 3339. Enacted March 12, 1872; based on Stats. 1862, p. 465, $ 1.

§ 3340. Seal of department, who to use and keep. Every fire department regularly organized may adopt a department seal, having upon it the arms of the state, and the name of the particular fire department to which it belongs, which must be under the control of and for the use of the secretary, and be by him affixed to exempt certificates, certificates of active membership, and such other documents as the by-laws may provide. The secretary of every department having a seal must take the constitutional oath of office and give such bond as the by-laws provide for the faithful performance of his duties.

Legislation § 3340. Enacted March, 12, 1872; based on Stats. 1863-64, p. 256, 88 1, 2, 3.

$ 3341. Record and certificate of exemption. The secretary of the fire department, or fire company, must keep a record of all certificates of exemption or active membership, the date thereof, and to whom issued; and when no seal is provided, similar entries of certificates issued to obtain county clerk's certificates. Every such certificate is prima facie evidence of the facts therein stated. [Amendment approved 1874; Code Amdts. 1873–74, p. 43.]

Prima facie evidence: See Codę Civ, Proc., § 1833,

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