shall appoint for each precinct, from the electors thereof whose names appear upon the last assessment roll of said county, or city and county, two inspectors, two judges, and two clerks; the inspectors, judges, and clerks to be apportioned equally between the two political parties which, respectively, cast the highest and next highest number of votes for governor at the last general election; the inspectors and judges so appointed shall constitute a board of election for such precinct. Such board of election shall canvass the votes for such precinct, and must be present at the closing of the polls. The members of said board shall relieve each other in the duties of canvassing the ballots, which may be conducted by at least half of the whole number; but the final certificate shall be signed by a majority of the whole. No person shall be eligible Eligibility. to act as an officer of election at any precinct who has been employed in any official capacity in the county, or city and county, in the state, within ninety days next preceding any election. No person shall be eligible to act as a member of any election board, or as a clerk upon such board, who cannot read and write the English language. Any person acting as a member of any election board, or as a clerk upon such board, who cannot read and write the English language, and any person who refuses to act upon such board, or as a clerk thereof, after proper notification of his appointment, who is otherwise eligible, unless good and sufficient cause for such refusal is shown to the election board or to the board of supervisors, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of five hundred dollars, and upon failure to pay said fine shall be imprisoned in the county jail of such county, or city and county, for the period of one day for each. one dollar of said fine. Penalty. CHAPTER LXXI. An act to add a new section to the Penal Code, to be designated as section three hundred and fifty-four and three fourths, making it a misdemeanor to deface, obliterate, cover up, or otherwise remove, destroy, or conceal the duly filed trademark or name of another, printed, stamped, engraved, etched, blown, impressed, or otherwise attached to or produced upon any cask, keg, bottle, vessel, siphon, can, or other package. [Approved March 9, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. A new section is hereby added to the Penal Code, next after section three hundred and fifty-four and one half, and included in chapter twelve, title nine, part one, and designated as section three hundred and fifty-four and three fourths, to read as follows: trade 354. Every person who shall willfully deface, erase, Defaceobliterate, cover up, or otherwise remove, destroy, or concealment of the duly filed trademark or name of another, printed, branded, marks. stamped, engraved, etched, blown, impressed, or otherwise attached to, or produced upon any cask, keg, bottle, vessel, siphon, can, case, or other package, for the purpose of selling or trafficking in such cask, keg, bottle, vessel, siphon, can, case, or other package, or refilling such cask, keg, bottle, vessel, siphon, can, case, or other package, with intent to defraud the owner thereof, without the consent of the owner, or unless the same shall have been purchased from the owner, is guilty of a misdemeanor. CHAPTER LXXII. An act to amend section fifteen hundred and twenty-four of the [Approved March 9, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section fifteen hundred and twenty-four of the Penal Code is amended so as to read as follows: 1524. It may be issued upon either of the following Search grounds: 1. When the property was stolen or embezzled; in which case it may be taken on the warrant from any place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled, or from any person in whose possession it may be. 2. When it was used as the means of committing a felony; in which case it may be taken on the warrant from the place in which it is concealed, or from the possession of the person by whom it was used in the commission of the offense, or from any person in whose possession it may be. 3. When it is in the possession of any person with the intent to use it as a means of committing a public offense, or in the possession of another to whom he may have delivered it for the purpose of concealing it or preventing its being discovered; in which case it may be taken on the warrant from such person, or from any place occupied by him, or under his control, or from the possession of the person to whom he may have so delivered it. 4. When the property is a cask, keg, bottle, vessel, siphon, can, case, or other package, bearing printed, branded, stamped, engraved, etched, blown, or otherwise attached or produced thereon the duly filed trademark or name of the person by whom, or in whose behalf, the search warrant is applied for, in the possession of any person except the owner thereof, with intent to sell or traffic in the same, or refill the same with warrants, when may be issued. intent to defraud the owner thereof, with such intent, and without such owner's consent thereof, or unless the same shall have been purchased from the owner thereof; in which case it may be taken on the warrant from such person, or from any place occupied by him, or under his control, or from the possession of the person to whom he may have delivered it. Justices courts and justices of CHAPTER LXXIII. An act to amend section one hundred and three of the Code of Civil Procedure of the state of California, relating to justices' courts and justices of the peace. [Approved March 10, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section one hundred and three of the Code of Civil Procedure of the state of California is hereby amended to read as follows: 103. There shall be at least one justice's court in each of the townships of the state, for which one justice of the peace the peace. shall be elected by the qualified electors of the township, at the general state election next preceding the expiration of the term of office of his predecessor; provided, that in any county where, in the opinion of the board of supervisors, the public convenience requires it, the said board may, by order, provided that two justices' courts may be established in any township, designating the same in such order; and in such case one justice of the peace shall be elected in the manner herein provided for each of such courts. In every city or town of the third and fourth class there shall be one justice of the peace, and in every city or town of the second class there shall be two justices of the peace, to be elected in like manner by the electors of such cities, or towns, respectively; and such justices of the peace of cities or towns, and justices' courts of cities or towns, shall have the same jurisdiction, civil and criminal, as justices of the peace of townships, and township justices' courts. Said justices of the peace of cities, and justices' courts of cities, shall also have jurisdiction of all proceedings for the violation of any ordinance of any city in which courts are established, both civil and criminal, and of all actions for the collection of any license required by any ordinance of any such city or town. No person shall be eligible Eligibility. to the office of justice of the peace in any city or town of the first, second, or third class who shall not have been admitted to practice law in a court of record; and no justice of the peace shall be permitted to practice law before another justice of the peace in the city, or town, and county in which he resides, or to have a partner engaged in the practice of law in any justice's court in such city, or town, and county. Every city justice of salary. the peace in any city or town of the fourth class shall receive a salary of fifteen hundred dollars per annum, and every city justice of the peace in any city or town of the second or third class shall receive a salary of two thousand dollars per annum, and each justice of the peace shall be provided by the city or town authorities with a suitable office in which to hold his court. All fees which are chargeable by law for services Fees. rendered by such city justices of the peace in the cities or towns aforesaid shall be by them, respectively, collected; and on the first Monday of each month every such city or town justice of the peace shall make a report, under oath, to the city or town treasurer, of the amount of fees so by him collected, and pay the amount so collected into the city or town treasury, to the credit of the general fund thereof. Said salaries shall be the sole compensation of said city justices. SEC. 2. The provisions of this act shall not apply to cities Applica incorporated under the provisions of the act entitled "An act to act. bility of provide for the organization, incorporation, and government of municipal corporations," approved March thirteenth, eighteen hundred and eighty-three, and acts amendatory thereof. ors may SEC. 3. After this act goes into effect, and prior to the next supervisgeneral election thereafter, the supervisors of each county may appoint. appoint the justices of the peace in all cities therein where this act establishes justices of the peace where none before existed, such appointee to hold office until the next general state election. SEC. 4. This act shall take effect immediately upon its passage. CHAPTER LXXIV. An act to amend sections twenty-five hundred and seventy and twenty-five hundred and seventy-one of the Political Code of the state of California, relative to the harbormaster of the port of Eureka, and relative to the salaries of the members of the board of harbor commissioners. [Approved March 10, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section twenty-five hundred and seventy of the Political Code of the state of California is hereby amended to read as follows: the port of 2570. The harbormaster of the port of Eureka, which Harboroffice is hereby created, shall be appointed by the governor of master of this state on or before the first day of April, eighteen hundred Eureka. and ninety-nine, and shall hold office for the term of four years from and after the date of his appointment, and until his successor is appointed and has qualified. He must enforce and Salary of harbor commissioners. carry into effect such rules and regulations as the board of harbor commissioners may, from time to time, adopt. SEC. 2. Section twenty-five hundred and seventy-one of the Political Code of the state of California is hereby amended to read as follows: 2571. The members of the board of harbor commissioners shall receive a salary of ten dollars per year, to be paid from the treasury of the county of Humboldt, state of California, in the same manner as other claims against said county are paid. All expenses necessarily incurred by the board in the performance of their duties must be paid in the same manner out of said treasury as the members of the board are herein provided to be paid. SEC. 3. This act shall take effect immediately. Prohibiting unauthorized wearing of society badges, etc. CHAPTER LXXV. An act to amend the Penal Code by adding a new section thereto, to be numbered five hundred and forty-three and one half, relating to the unauthorized wearing of badges, buttons, and rosettes of secret societies. The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. A new section is hereby added to the Penal Code, to be numbered five hundred and forty-three and one half, to read as follows: 5434. Any person who willfully wears the badge, lapel button, rosette, or other recognized and established insignia of any secret society, order, or organization, or uses the same to obtain aid or assistance within this state, unless entitled to wear or use the same, under the constitution, by-laws, or rules and regulations, or other laws or enactments of such order or society, is guilty of a misdemeanor. SEC. 2. This act shall take effect from and after its passage. [Became a law, under constitutional provision, without Governor's approval, March 11, 1899.] |