Injunction.

Sec. 6. Any superior court, or judge thereof, shall have power to restrain by injunction the continuance of work to be done upon or about buildings or premises where the provisions of this act have not been complied with, and no undertaking shall be required as a condition to the granting or issuing of such injunction, or by reason thereof. Penalty.

Sec. 7. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished accordingly.

Sec. 8. This act shall take effect immediately.

An Act to encourage and provide for a general vaccination in the state of California.

[Approved February 20, 1889; 1889, 32.] Exclusion of children from schools unless vaccinated.

Section 1. The trustees of the several common school districts in this state, and boards of common school government in the several cities and towns, are directed to exclude from the benefits of the common schools therein any child or any person who has not been vaccinated, until such time when said child or person shall be successfully vaccinated; provided, that any practicing and licensed physician may certify that the child or person has used due diligence and cannot be vaccinated so as to produce a successful vaccination, whereupon such child or person shall be excepted from the operation of this act.

Notice by school trustees.

Sec. 2. The trustees or local boards, annually, or at such special times to be stated by the state board of health, must give at least ten days' notice, by posting a notice in two or more public or conspicuous places within their jurisdiction, that provision has been made for the vaccination of any child of suitable age who may desire to at tend the common schools, and whose parents or guardians are pecuniarily or otherwise unable to procure vaccination for such child.

List of children not vaccinated.

Sec. 3. The said trustees or board must, within sixty days after the passage of this act, and every year thereafter, ascertain the number of children or persons in their respective school districts or subdivision of the city school government being of an age suitable to attend common schools, who have not been already vaccinated, and make a list of the names of all such children or persons. It shall also be the duty of said trustees or board to provide, for the vaccination of all such children or persons in their respective school districts, a good and reliable vaccine virus wherewith to vaccinate such children or persons who have not been vaccinated. And when so vaccinated, to give a certificate of vaccination, which certificate shall be evidence thereof for the purpose of complying with section one.

Expenses for, how paid.

Sec. 4. The necessary expenses incurred by the provisions of this act shall be paid out of the common school moneys apportioned to the district, city, or town. And if there be not sufficient money, the trustees must notify the board of supervisors of the amount of money necessary, and the board must, at the time of levying the county tax, levy a tax upon the taxable property in the district sufficient to raise the amount needed. The rate of taxation is ascertained by deducting fifteen per cent for delinquencies from the assessment, and the rate must be based upon the remainder. The tax so levied must be computed and entered upon the assessment roll by the county auditor, and collected at the same time and in the same manner as state and county taxes, and when collected shall be paid into the county treasury for the use of the district.

Annual report of trustees.

Sec. 5. The trustees of the several school districts of this state are hereby required to include in their annual report, and report to the secretary of the state board of health, the number in their several districts between the ages of five and sev enteen years who are vaccinated, and the number unvaccinated.

Sec. 6. This act shall take effect immediately.

TITLE 220.

PUBLIC LANDS.

See State Lands; reference to acts relating to. See ante, p. 551.

Act to protect settlers, see post, Settlers.

An Act for the better protection of settlers on the public lands of the United States within the state of California, and for the protection and encouragement of persons desirous of settling thereon.

[Approved March 15, 1887; 1887, 147.]

Defining crime, and punishment for violation.

Section 1. Every person who shall unlawfully prevent, hinder, or obstruct any person from peaceably entering upon or establishing a settlement or residence on any tract of public land of the United States within the state of California, subject to settlement or entry under any of the public land laws of the United States; or who shall unlawfully hinder, prevent, or obstruct free passage over or through the public lands of the United States within the state of California, for the purpose of entry, settlement, or residence, as aforesaid, is guilty of a misdemeanor, and is punishable by fine of not less than fifty dollars nor more than two hundred and fifty dollars, or by imprisonment in the county jail not exceeding six months, and may be punished by both such fine and imprisonment, in the sound discretion of the court.

Sec. 2. This act shall take effect immediately.

TITLE 221.

PUBLIC MARKET.

An act to authorize the state board of harbor commissioners to establish and maintain a free public market upon the waterfront of San Francisco, and providing for the expenses and regulations thereof.

[Stat. approved March 29, 1897; Stats. 1897, chap. clxxv.]

The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The board of state harbor commissioners shall set apart upon some convenient por tion of the water-front of San Francisco, a sufficient number of docks and piers, which must be contiguous to each other, for the reception of all perishable products, arriving by rail, boat, or other conveyance, including fruit, vegetables, eggs, poultry, game, dairy products, and fish, coming into San Francisco and shall permit the sale of such products thereon, by or for account of producers only, under such regulations as may be prescribed by the said harbor commissioners and as the public convenience may require.

Sec. 2. The docks and piers so set apart for a free public market shall be as convenient as possible to that portion of the city and county of San Francisco in which the principal wholesale trade in perishable products is now carried on, and must be so situated as to be accessible to all water craft ordinarily employed in carrying such products upon the waters of San Francisco bay, and vessels so loaded shall have the preference in docking at said wharves over others not so engaged.

Sec. 3. Docking room at said piers shall be assigned without partiality to all vessels engaged in the transportation of such products, and the space assigned shall be sufficient to permit such vessels regularly running upon a route to receive and discharge their entire cargoes of such products at such piers, if they so desire. The harbor commissioners shall construct car tracks to connect the docks and piers so set apart for the free public market with the belt railroad. For the

use of these tracks the state harbor commissioners shall prescribe such regulations as public convenience may require, and fix the compensation to be paid by the companies making use of them for this purpose.

Sec. 4. The harbor commissioners must construct suitable tramways and tracks or other devices for the rapid conveyance of perishable products from car or boat or other conveyance, to the stalls in the free market, and operate the

same.

Sec. 5. The harbor commissioners shall assign space within the free market to all producers of perishable products, under such regulations as the harbor commissioners may prescribe. No rental shall be charged for space in the free market. Any violation of this act, or of the regulations made pursuant thereof, shall exclude the person or firm guilty of such violation from the privilege of selling in the free market, during the pleasure of the harbor commissioners, not exceeding one year in addition to any other penalty which may be incurred thereby.

Sec. 6. For the payment of the expenses of said free market the harbor commissioners may, in their judgment, so adjust the tolls as to provide the necessary revenue.

Sec. 7. The officers of said free market shall be a superintendent and assistant superintendent, who shall also be secretary, and such other employees as the state board of harbor commissioners may appoint. The salary of all employees of said free market shall be fixed by the state board of harbor commissioners.

Sec. 8. All officers and employees of any public market on the state property are officers and employees of the state, and shall qualify in the same manner as other employees, and give such bonds as the harbor commissioners may scribe.

pre

TITLE 222.

PUBLIC PARKS.

The following is a list of acts relating to public