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Legislation § 3377. 1. Enacted March 12, 1872; based on Stats. 1861, p. 443, § 76. 2. Repealed by the act of April 1, 1872 (on file in office of secretary of state).

§ 3378. Bridge, ferry, wharf, chute, or pier license. Licenses to take tolls on bridges, ferries, wharves, chutes, or piers are fixed annually by the boards of supervisors. The licenses therein provided for are issued by the county auditor, and must be obtained from the tax-collector of the county.

Toll-bridges and ferries: See ante, §§ 2843-2895.

Delinquent license tax, proceedings to collect: Stats. 1871-72, p. 539.
Wharves, chutes, and piers: Ante, §§ 2906-2921.
Omitting to procure license: Pen. Code, § 435.

License to take tolls, supervisors to fix: See ante, § 2845.

Legislation § 3378. Enacted March 12, 1872.

§ 3379. Brokers, trust companies, and others. Persons engaged in banking, loaning money at interest, or in buying or selling notes, bonds, or other evidences of indebtedness of private persons; or in buying or selling state, county, or city stocks, or other evidences of state, county, or city indebtedness; or stocks, or notes, bonds, or other evidences of indebtedness of incorporated companies; or in buying or selling gold-dust gold or silver bullion, or gold or silver coin, are divided into six classes, and must pay licenses as follows:

1. Those doing business in the aggregate to the amount of two hundred and fifty thousand dollars per quarter and over, constitute the first class, and must pay a license of one hundred dollars per quarter;

2. Those doing business to the amount of two hundred thousand dollars, and less than two hundred and fifty thousand dollars per quarter, constitute the second class, and must pay a license of eighty dollars per quarter;

3. Those doing business to the amount of one hundred thousand dollars, and less than two hundred thousand dollars per quarter, constitute the third class, and must pay a license of forty dollars per quarter;

4. Those doing business to the amount of fifty thousand dollars, and less than one hundred thousand dollars per quarter, constitute the fourth class, and must pay a license of twenty-five dollars per quarter;

5. Those doing business in any amount under fifty thousand dollars, and over five thousand dollars per quarter, constitute the fifth class, and must pay a license of fifteen dollars per quarter;

6. Those doing business in any amount under five thousand dollars per quarter, constitute the sixth class, and must pay a license of three dollars per quarter. [Amended April 1, 1872.]

Legislation § 3379. 1. Enacted March 12, 1872; based on Stats. 1861, p. 442, § 75. 2. Amended by act of April 1, 1872.

§ 3380. Different kinds of licenses. Licenses must be obtained for the purposes hereinafter named, for which the tax-collector must require payment as follows:

First-From each proprietor of a billiard-table not kept exclusively for family use, for each table five (5) dollars per quarter; and for a bowlingalley, five (5) dollars per quarter for each alley; but no license must be granted for a term less than three months.

Pol. Code-50

Two-Theaters are divided into classes; those seating nine hundred and seventy-five or more, are of the first class; those seating less than nine hundred and seventy-five are of the second class; one seat is twenty-two inches. Licenses shall be granted to theaters and other places of amusement according to the following schedule:

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Third-For each exhibition, for pay, for a caravan or menagerie, or any collection of animals, circus or other acrobatic performance, ten dollars; and for each show, for pay, of any figures, jugglers, necromancers, magicians, wire or rope dancing, or sleight-of-hand exhibition, five (5) dollars each day.

Four-From each pawnbroker, thirty (30) dollars per quarter.

Five From each keeper of all intelligence offices, fifteen (15) dollars per quarter. [Amendment approved 1874; Code Amdts. 1873-74, p. 44.]

Subds. 2, 3. Inapplicable to charitable entertainments: Post, § 3386. Legislation § 3380. 1. Enacted March 12, 1872; based on Stats. 1861, p. 441, § 73. 2. Amended by act of April 1, 1872. 3. By Code Amdts. 1873-74, p. 44.

§ 3381. Retail liquor licenses. Every person who sells spirituous, malt, or fermented liquors or wine, in less quantities than one quart, must obtain a license from the tax-collector as prescribed in this chapter, and make therefor the following payment:

1. Those making sales to the amount of ten thousand dollars or more as a monthly average, constitute the first class, and must pay forty dollars per month;

2. Those making sales to the amount of five thousand dollars, and not exceeding ten thousand dollars as a monthly average, constitute the second class, and must pay twelve dollars per month;

3. And those making sales of less than five thousand dollars, constitute the third class, and must pay five dollars per month. [Amended April 1, 1872.]

Legislation § 3381. 1. Enacted March 12, 1872; based on Stats. 1861, p. 446, § 81. 2. Amended by act of April 1, 1872.

§ 3382. Merchants and keepers of livery-stables license. Every person who, at a fixed place of business, sells any goods, wares, or merchandise, wines or distilled liquors, drugs or medicines, jewelry or wares of precious metals, whether on commission or otherwise (except agricultural or vinicultural productions, or the productions of any stock, dairy, or poultry farm of this state, when sold by the producer thereof, and except such as are sold by auctioneers at public sale under license), and all persons who keep horses or carriages for hire (except such as are used in the transportation of goods), must obtain from the tax-collector of the county in which the business is transacted, and for each branch of such business, license, and pay quarterly therefor an amount of money to be determined by the class in which such person is placed by the tax-collector; such business to

be classified and regulated by the amount of the average monthly sales made or hiring done, and at the rates following:

First-Those who are estimated to make average monthly sales or hiring to the amount of one hundred thousand dollars or more, constitute the first class, and must pay fifty dollars per month.

Second-Of seventy-five thousand dollars, and less than one hundred thousand dollars, constitute the second class, and must pay thirty-seven dollars and fifty cents per month.

Third-Of fifty thousand dollars, and less than seventy-five thousand dollars, constitute the third class, and must pay twenty-five dollars per month.

Fourth Of forty thousand dollars, and less than fifty thousand dollars, constitute the fourth class, and must pay twenty dollars per month. Fifth-Of thirty thousand dollars, and less than forty thousand dollars, constitute the fifth class, and must pay fifteen dollars per month.

Sixth-Of twenty thousand dollars, and less than thirty thousand dollars, constitute the sixth class, and must pay ten dollars per month. Seventh-of ten thousand dollars, and less than twenty thousand dollars, constitute the seventh class, and must pay seven dollars and fifty cents per month.

Eighth Of five thousand dollars, and less than ten thousand dollars, constitute the eighth class, and must pay five dollars per month.

Ninth Of two thousand five hundred dollars, and less than five thousand dollars, constitute the ninth class, and must pay three dollars per month.

Tenth Of all amounts over twelve hundred and fifty dollars, and under two thousand five hundred dollars per month, constitute the tenth class, and must pay one dollar and fifty cents per month.

Eleventh Of all amounts less than twelve hundred and fifty dollars per month, constitute the eleventh class, and must pay one dollar per month. [Amendment approved 1874; Code Amdts. 1873-74, p. 137.]

Wines or distilled liquors, application of provision: Post, § 3383. Legislation § 3382. 1. Enacted March 12, 1872; based on Stats. 1861, p. 444, § 78 (as amended by Stats. 1863, p. 122, § 1) and § 79. 2. Amended by Code Amdts. 1873-74, p. 137.

§ 3383. Exception in using liquors. The sale of liquors and wines by persons licensed under the preceding section must not be in less quantity than one quart measure. No license must be required of physicians, surgeons, apothecaries, or chemists for any wines or spirituous liquors they may use in the preparation of medicines.

Legislation § 3383. Enacted March 12, 1872; based on Stats. 1861, p. 444, § 78 (as amended by Stats. 1863, p. 122, § 1) and § 79.

§ 3384. Peddlers' and hawkers' license. Every traveling merchant, hawker, or peddler, who carries a pack and vends goods, wares, or merchandise of any kind other than the manufactures or productions of this state, must pay for a license five dollars per month; and every such traveling merchant, hawker, or peddler, who uses a wagon, or one or more animals, for the purpose of vending such goods, wares, or merchandise of any kind, must pay for a license fifteen dollars per month; and every traveling merchant, hawker, or peddler, who uses a trading-boat or other water-craft only, shall pay a merchant's license according to the provi

sions and classifications of section three thousand three hundred and eighty-two of this code. [Amendment approved 1876; Code Amdts. 187576, p. 55.]

Legislation § 3384. 1. Enacted March 12, 1872; based on Stats. 1851, p. 299, §§ 3, 4, 6; Stats. 1861, p. 446, § 82. 2. Amended by act of April 1, 1872. 3. By Code Amdts. 1875-76, p. 55.

§ 3385. Animals kept for propagation to be licensed. Every person who keeps a stallion, jack, or bull, and who permits the same to be used for the purpose of propagation for hire, must annually obtain a license therefor from the tax-collector, and pay therefor as follows:

1. Horses that are hired for the purpose of propagation, by the season, at one hundred dollars or more, constitute the first class, and require a license of seventy-five dollars.

2. At seventy-five dollars and less than one hundred dollars, constitute the second-class, and require a license of sixty dollars.

3. At fifty dollars and less than seventy-five dollars, constitute the third class, and require a license of forty dollars.

4. At thirty dollars and less than fifty dollars, constitute the fourth class, and require a license of twenty-five dollars.

5. At fifteen dollars and less than thirty dollars, constitute the fifth class, and require a license of fifteen dollars.

6. All at less than fifteen dollars, constitute the sixth class, and require a license of ten dollars.

7. For each jack, ten dollars.

8. For each bull, ten dollars.

A license so obtained from the tax-collector, under the provisions of this act, shall entitle the holder thereof [to] the right to go into any county of this state for the purposes of propagation, without further license or expense. [Amendment approved 1876; Code Amdts. 1875-76,

p. 56.]

Legislation § 3385. 1. Enacted March 12, 1872; based on Stats. 186364, p. 71, § 1. 2. Amended by Code Amdts. 1875-76, p. 56.

§ 3386. Certain exhibitions, etc., exempted. The provisions of subdivisions two and three of section three thousand three hundred and eighty do not apply to exhibitions or entertainments given for the benefit of churches, schools, or other charitable entertainments, by any amateur dramatic association or literary society of the town or district in which such exhibition or entertainment is given.

Legislation § 3386. Added by act of April 1, 1872 (unpublished act). § 3387. Present incumbents must collect licenses. In every county in this state where any officer other than the tax-collector is charged with the collection of license taxes, such officer must, until after the expiration of the term of the present incumbent, discharge the duties cast upon the tax-collector under the provisions of articles one and two of this chapter.

Legislation § 3387. Added by act of April 1, 1872 (unpublished act).

TITLE VIII.

Property of the State.

Chapter I. The Public Lands. Articles I-VII. §§ 3395-3574. II. The Yosemite Valley and Mariposa Big Tree Grove. §§ 3584-3586. [Repealed.]

III. The State Burying-ground. §§ 3596, 3597.

Article I.

CHAPTER I.

The Public Lands.

General Provisions Respecting the Public Lands. §§ 3395

3429.

II. Swamp and Overflowed, Salt-marsh, and Tide Lands.
§§ 3440-34934.

IIa. Sale of Lands Uncovered by the Recession or Drainage of
Waters of Inland Lakes, and Unsegregated Swamp and
Overflowed Lands. §§ 3493m-3493t.
School Lands. §§ 3494-3503.

III.

IV. Payments, Certificates of Purchase, and Patents, §§ 35123524.

V. Selection and Sale of University Lands. §§ 3533-3536.

VI.
VII.

Proceedings against Delinquent Purchasers. §§ 3546-3556. Miscellaneous Provisions Relating to Public Lands. §§ 35663574.

ARTICLE I.

General Provisions Respecting the Public Lands.

Register to keep certain accounts and records.
Must keep plats, and note locations thereon.

§ 3395.

§ 3396.

§ 3397.

§ 3398.

§ 3399.

Agent at Washington. [Repealed.]

Must note on plats the issuing of certificates or patents.
Surveyor-general location agent for state.

$3400. Qualification and residence of agent. [Repealed.]
Duties of agent. [Repealed.]

§ 3401.

§ 3402. Compensation. [Repealed.]

§ 3403.

Mode of payment of agent. [Repealed.]

§ 3404. Purchasers of lands must pay expenses of agency. [Repealed.] $3405. Surveyor-general to keep certain records.

$3406. Application for lands.

§ 3406a. Basis for indemnity selections.

§ 3407. Surveyor-general to approve application.

§ 3408. When townships are surveyed.

§ 3408a.

[Repealed.]

"Permanent reservation" defined. "Temporary reservation" defined.

§3408b. Surrender of scrip. Lands reserved for indemnity selections. Sale of school sections.

§ 3408c. Determination of bases of indemnity.

§ 3408d. Surveyor-general to issue indemnity certificates. Sales.

§ 3408e. Agreement not to bid or purchase. Penalty.

§ 3408f. Indemnity certificates may be exchanged for money paid. Warrant drawn by controller.

§ 3409.

§ 3410.

Statement as to condition of school sections.

Registers and receivers, how compensated for services. [Repealed.]

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