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CHAP. CCXXXI.-An Act to restrict sheep from being herded or running at large in Sacramento County.

[Approved March 14, 1876.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. It shall not be lawful for any person or per- sheep not to sons owning or having charge of any sheep within the run at large. County of Sacramento, to herd the same, or permit them to be herded, or to roam at large of their own accord, on the lands of any other person or persons of Sacramento County, said ownership of land to be determined by patent or State possessory claims; provided, that no person or persons in said county shall be entitled to the protection of this Act unless said person or persons are and have been paying a State and county tax on the same.

violation.

SEC. 2. The owner or owners or agents of such owners Penalty for of such sheep violating the provisions of section one of this Act, on complaint of the party or parties injured, and on conviction thereof, before any Justice of the Peace for the township where either of the interested parties may reside, shall be liable to a fine of not less than twenty dollars nor more than fifty dollars, which fine shall be paid into the District School Fund of the district in which the complaint was brought, and shall be liable to pay to the party or parties injured a further sum of not less than five cents per head, in the nature of damages, for each day such violation of said section shall be permitted to continue.

SEC. 3. This Act shall take effect and be in force from and after its passage.

CHAP. CCXXXII.-An Act amendatory of and supplementary to an Act entitled "An Act to establish a quarantine for the bay and harbor, and sanitary laws for the City and County of San Francisco," approved April fourth, eighteen hundred and seventy.

[Approved March 16, 1876.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. From and after the passage of this Act the quarantine Deputy Health Officer of the City and County of San Fran- officer. cisco shall be known as the Quarantine Officer. He shall have power to perform all acts which he has heretofore performed under the title of Deputy Health Officer, and all acts which quarantine officers are usually authorized to perform. He shall give bonds, with good and sufficient security, to be Bond. approved by the Board of Health, in the sum of five thousand dollars.

Health

salaries of.

SEC. 2. There shall be four Health Inspectors for the City Inspectors, and County of San Francisco, who shall be appointed by the Board of Health, and shall receive twelve hundred dollars per annum each, to be paid in the same manner as is provided for the payment of the salaries of the other appointees of the Board of Health.

Removal of nuisances, appropriations for.

Transporta

tion of deceased persons.

Notice of birth to be given.

SEC. 3. Section thirty of said Act is amended to read as follows: Section 30. Whenever a nuisance shall exist on the property of any non-resident, or any property the owner or owners of which cannot be found by either Health Inspector, after diligent search, it shall be the duty of the Board of Health to cause the said nuisance to be at once removed, and to draw upon the General Fund for such sums as may be required for its removal, not to exceed two hundred dollars; provided, that whenever a larger expenditure is found necessary to be made for the removal or suppression of any nuisance, the Board of Supervisors of said city and county may, upon the written application of the Board of Health, by ordinance, appropriate, allow, and order paid out of the General Fund such sum or sums as may be necessary for that purpose; provided further, that in all cases where such expenditure will exceed five hundred dollars, no appropriation shall be made for that purpose, unless the City and County Attorney shall first give his opinion, in writing, that such expenditure would be a legal charge against the property affected thereby. The Auditor shall audit and the Treasurer shall pay all appropriations of money made in pursuance of this section, in the same manner as is now provided by law for auditing and paying demands upon the treasury.

SEC. 4. No person, master, captain, or conductor, in charge of any boat, vessel, railroad car, or public or private conveyance, shall receive for transportation, or shall transport, the body of any person who has died within the limits of the City and County of San Francisco, without obtaining a permit for the same from the Health Officer, which permit must accompany the body to its destination; and no person, master, captain, or conductor, as aforesaid, shall bring into or transport through the said city and county the dead body of any person, unless it be accompanied with a certificate from some proper authority of the place whence it came, stating name, age, sex, and cause of death, which certificate shall be filed at the Health Office; provided, that in no case shall the body of any person who died of a contagious disease be brought to the city within one year of the day of death.

SEC. 5. Section twenty-six of said Act is amended to read as follows: Section 26. It shall be the duty of the parent or parents, or, in the case of their death, then of the next of kin in attendance, or, if there be no relative in attendance, then of the person having charge or control of any child born within the limits of the City and County of San Francisco, to report the same to the Health Officer within ten days of its birth, giving name (if named), date of birth, sex, color; name, birthplace, and occupation of father; maiden name and birthplace of mother; and place of birth. Blanks

for this purpose shall be kept at the Health Office. All Misdepersons failing to comply with the provisions of this section meanor. shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine of not less than five dollars nor more than fifty dollars.

SEC. 6. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

SEC. 7. This Act shall take effect from and after its passage.

CHAP. CCXXXIII.-An Act to protect agriculture, and to prevent the trespassing of animals upon private property in the County of San Bernardino.

[Approved March 16, 1876.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

may take up

SECTION 1. Any owner or occupant of any land or pos- owner or sessory claim, finding any horse, mare, colt, mule, jack, occupant jenny, goat, or horned cattle, or any number of such ani- animals. mals, doing or having done damage on any cultivated portion of such land or possessory claim, or whereon there are growing crops, or hay being made, whether the same be inclosed by a fence or not so inclosed, may take up and, at the expense of the owner, safely keep such animal or animals for ten days, and shall be allowed for keeping such animal or animals, the following-named sums: For each charge for horse, mare, colt, mule, jack, jenny, or horned cattle, the sum keeping. of twenty cents per day; and for each goat the sum of five cents per day; provided, that no charge, to exceed ten dollars per day, shall be demanded on any number of goats; and provided further, that the owner or owners of such animal owners of or animals shall be entitled to the possession of the same, by animals may giving a written undertaking, executed by two or more sufficient sureties, to be approved by the Justice of the Peace, for the payment of damages charged, and such charges and fees which may accrue, or by depositing with the Justice of the Peace the amount claimed, with ten dollars additional to secure the payment of damages and costs.

redeem.

SEC. 2. When the owner or owners of animals taken up Notice to are known, and said owner or owners reside in or near the owners. township, they shall be personally notified, or written notice directed to them, and left at their usual place of residence; but if at a great distance from the place of taking up, the notice of such detention, and the reason therefor, shall be served by depositing the same, postage paid, in the nearest post-office, directed to the owner at a post-office at or near his or their residence. When the owner or owners are not known to the person taking up the animals, written notices, containing a description of the animals, their marks and brands, as

Complaint

nearly as can reasonably be ascertained, and stating the cause of detention, shall be posted conspicuously in three public places in the township, and a copy delivered to the Justice of the Peace of said township; and if there be no Justice in said township, then with the nearest Justice in an adjoining township.

SEC. 3. At the expiration of ten days, if the animal or for damages, animals have not been applied for, or if they have, and the parties do not agree on the amount of damages and compensation, the taker up, when the damages and compensation claimed for taking up and keeping shall be less than three hundred dollars, shall file a written complaint, verified by his oath, with a Justice of the Peace of the township where the trespass was committed, or the township where the owner or owners of the animal or animals reside, setting forth the nature and location of the alleged damages, the amount he claims against said animal or animals, and that he actually sustained the damages claimed; and if there be no Justice in said township, then he shall file his complaint with a Justice of the Peace in the nearest township.

Summons, how given.

SEC. 4. When the owner is known, the action shall be against such owner or owners, and the summons shall be served and returned as in other actions. When the owner or owners are not known, the action shall be against the property in rem, and the summons shall be directed to unknown owner or owners of said animal or animals, describing them therein, and any action thus commenced may include all the animals found doing damage, whether of one or more marks and brands, and shall be served by posting a copy of the same in three public places in the township, one of which shall be on the outside of the door of the Justice's office, and shall be returnable in not less than ten days from its date, and shall be posted up at least eight days before the trial; and no judgment shall be entered up under the provisions of this Act by default, but the damage done shall be proven Judgment. by the testimony of one or more credible witnesses; if judgment be in favor of the plaintiff, the property may be levied upon and sold as other personal property seized on execution; if the judgment be for the defendant, the plaintiff shall pay such costs and damages as may be awarded by the Court. The officer selling property under this Act shall give a bill of sale to the purchaser, describing the animal or animals sold, the price paid therefor, and stating that it or they Overplus of were sold by authority of this Act; any overplus of the proceeds of such sale, after satisfying the judgment and costs, shall be paid by the Justice to the owner or owners of the animals sold, if demanded within three months from the date of sale, otherwise it shall be, at the expiration of three months, paid into the county treasury for the benefit of the County School Fund.

moneys.

Animals

may be redeemed.

SEC. 5. Any owner or owners of animals seized under the provisions of this Act, may, at any time previous to the sale, demand and shall be entitled to the possession of such animal or animals, upon making satisfactory proof of ownership and paying his or their proportion of damages, charges, and

fees; and after the sale may, at any time within three months, redeem said animal or animals by making proof of ownership and paying the purchaser the amount of purchase money, with ten per cent. added thereto, and expense of keeping, at the rate of two dollars per month per head.

sales.

SEC. 6. The Justice of the Peace shall make a record in Record of his docket of all animals sold under the provisions of this Act, which shall be open to inspection; which record shall contain the description of the animals, their marks and brands, the name of the purchaser, his usual place of residence, the amount of purchase money, damages, fees, and charges, and the surplus money, if any, arising from each sale; and if said surplus money shall be received by the owner, he shall receipt for it on the margin of the docket.

SEC. 7. The fees of Justice and Constable for services Fees. under this Act shall be the same as allowed for similar services in other civil actions.

meanor.

SEC. 8. Any person who shall drive from outside land Misdeupon his own land, for the purpose of taking advantage of the provisions of this Act, and any person who shall rescue or take from the possession of the taker up any animal or animals, or cause the same to be done, without having paid. the compensation fees and damages claimed or awarded, or having given security for such payment, or any officer violating any of the provisions of this Act, shall be deemed guilty of misdemeanor, and shall, upon conviction thereof, be punished accordingly. If, on the trial of any action arising under this Act, it shall appear that the party claiming damages against any animals or the owners thereof is not cultivating such land in good faith, but is doing so or attempting to do so merely for the purpose of getting damage against animals or the owners of the same, the action shall be adjudged against such party, with such damage as may be set up and proved by the adverse party.

SEC. 9. All that part or portion of San Bernardino County Territory lying and being due north of a line hereinafter described, exempted. shall be and is hereby exempted from the provisions of this Act; said line commencing at the northeast corner of township number four north, range two west, San Bernardino base and meridian, and running due west to the intersection of the western boundary line of San Bernardino County.

SEC. 10. All Acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 11. This Act shall take effect and be in force from and after its passage.

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