two hereof, any money or other consideration which is in value in excess of ten per cent of the amount earned, or prospectively to be earned, by the person for whom said registration is made or to whom such information is furnished, through the medium of the employment regarding which such registration, information or assistance is given, during the first month of such employment; provided, that said value shall not be in excess of ten per cent of the amount actually prospectively to be earned in such employment when it is mutually understood by the agent and person in this section mentioned, at the time when said information or assistance is furnished, that said employment is to be for a period of less than one month.

SEC. 5. The tax collector or license collector of each respective city, county, or city and county of the State of California shall furnish quarterly to the Commissioner of the Bureau of Labor Statistics of the State of California the name and address of each employment agent doing business in said city, county, or city and county; provided, that where the license is not a county license, but is collected by a municipal government, then the municipal collector of said tax shall furnish the names and addresses.

SEC. 6. Each employment agent in the State of California shall keep a written record, which shall show the name of each person making application to said agent for registration, information or assistance such as is described in section two hereof; the name of each such person to whom such registration or information is, furnished; and the amount received in each such case therefor; the name of each person who, having received and paid for, as herein contemplated, registration, information or assistance such as is described in section two hereof, fails to secure the employment regarding which such registration, information or assistance is furnished, together with the reason why said employment was not by said person secured, and the name of each person to whom return is made, in accordance with the provisions of section three hereof, of any money or other consideration such as is in said section named, together with the amount of said money, or the value of said consideration, thus returned.

SEC. 7. Each employment agent in the State of California shall permit the Commissioner of the Bureau of Labor Statistics of said State, by himself, or by his deputies or agents, to have at all times access to, and to inspect, the record in section six hereof named, and upon demand in writing therefor by said Commissioner, shall furnish to such Commissioner a true copy of said record, or of such portion thereof as said demand in writing shall require a copy of to be thus furnished.

SEC. 8. Any employment agent or other person violating, or omitting to comply with, any of the provisions of this Act, shall be deemed guilty of misdemeanor, and upon conviction shall be punished by fine not exceeding five hundred (500) dollars, or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment in the discretion of the court.

SEC. 9. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.

SEC. 10. This Act shall take effect from and after the date of its passage.

An Act to amend section five of an Act entitled "An Act to provide for the proper sanitary condition of factories and workshops, and the preservation of the health of the employés," approved February 6, 1889.

[Stats. of Cal. 1903, p. 16.]

SECTION 1. Section five of an Act entitled "An Act to provide for the proper sanitary condition of factories and workshops, and the preservation of the health of the employés," approved February sixth, eighteen hundred and eighty-nine, is amended to read as follows: Section 5. Every person, firm, or corporation employing females in any manufacturing, mechanical, or mercantile establishment shall provide suitable seats for the use of the females so employed, and shall provide such seats to the number of at least one third the number of females so employed; and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed.

An Act regulating the hours of service on regular duty by members of the police department of cities of the first class, cities and counties, cities of the first and one-half class, and cities of the second class.

[Stats. of Cal. 1903, p. 51.]

SECTION 1. In all cities of the first class, cities and counties, cities of the first and one-half class, and cities of the second class of this State where a regular police department is maintained, patrol captains, lieutenants, sergeants, and regular officers shall be required to serve on duty not longer than eight hours in every twenty-four hours; provided, that in case of riot or other emergency, every attaché of the police department shall perform such duty and for such time as the directing authority of the department shall require. SEC. 2. This Act shall take effect immediately.

An Act limiting the hours of service of laborers,workmen, and mechan ics employed upon the public works of, or work done for, the State of California, or of or for any political subdivision thereof; imposing penalties for violation of the provisions of said Act, and providing for the enforcement thereof.

[Stats. of Cal. 1903, p. 119.]

SECTION 1. The time of service of any laborer, workman, or mechanic employed upon any of the public works of the State of California, or of any political subdivision thereof, or upon work done for said State, or any political subdivision thereof, is hereby limited and restricted to eight hours during any one calendar day; and it shall be unlawful for any officer or agent of said State, or of any political subdivision thereof, or for any contractor or subcontractor doing work under contract upon any public works aforesaid, who employs, or who directs or controls, the work of any laborer, workman, or mechanic, employed as herein aforesaid, to require or permit such laborer, workman, or mechanic, to labor more than eight hours during any one calendar day, except in cases of extraordinary emergency, caused by fire, flood or danger to life or property, or except to work upon public military or naval defenses or works in time of war.

SEC. 2. Any officer or agent of the State of California, or of any political subdivision thereof, making or awarding, as such officer or agent, any contract, the execution of which involves or may involve the employment of any laborer, workman, or mechanic upon any of the public works, or upon any work, hereinbefore mentioned, shall cause to be inserted therein a stipulation which shall provide that the contractor to whom said contract is awarded shall forfeit, as a penalty, to the State or political subdivision in whose behalf the contract is made and awarded, ten (10) dollars for each laborer, workman, or mechanic employed, in the execution of said contract, by him, or by any subcontractor under him, upon any of the public works or upon any work hereinbefore mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of this Act; and it shall be the duty of such officer or agent to take cognizance of all violations of the provisions of said Act committed in the course of the execution of said contract, and to report the same to the representative of the State or political subdivision, party to the contract, authorized to pay to said contractor moneys becoming due to him under the said contract, and said representative, when making payments of moneys thus due, shall withhold and retain therefrom all sums and amounts which shall have been forfeited pursuant to the herein said stipulation.

SEC. 3. Any officer, agent, or representative of the State of California, or of any political subdivision thereof, who shall violate any of the provisions of this Act, shall be deemed guilty of misdemeanor, and shall upon conviction be punished by fine not exceeding five hundred (500) dollars, or by imprisonment, not exceeding six (6) months, or by both such fine and imprisonment, in the discretion of the court. SEC. 4. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed.

SEC. 5. This Act shall take effect and be in force from and after the date of its passage.

An Act to amend an Act entitled "An Act to establish a Penal Code," approved February 14, 1872, by adding a new section to said Penal Code, to be known and numbered as section four hundred and two and three quarters, relating to the furnishing or erecting of unsafe or improper scaffolding or mechanical contrivances.

[Stats. of Cal. 1903, p. 216.]

40234. Any person or corporation employing or directing another to do or perform any labor in the construction, alteration, repairing, painting or cleaning of any house, building or structure within this State, who knowingly or negligently furnishes or erects or causes to be furnished or erected for the performance of such labor, unsafe or improper scaffolding, slings, hangers, blocks, pulleys, stays, braces, ladders, irons, ropes or other mechanical contrivances, or who hinders or obstructs any officer attempting to inspect the same under the provisions of section twelve of "An Act to establish and support a Bureau of Labor Statistics," or who destroys, defaces or removes any notice posted thereon by such officer or permits the use thereof, after the same has been declared unsafe by such officer, contrary to the provisions of said section twelve of said Act, shall be guilty of a misde

meanor.

An Act to amend an Act entitled "An Act to establish a Civil Code," approved March 21, 1872, relating to the obligations of employers. [Stats. of Cal. 1903, p. 256.]

SECTION 1. Section nineteen hundred and seventy of the Civil Code of the State of California is hereby amended so as to read as follows:

1970. An employer is not bound to indemnify his employé for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general

business, unless the negligence causing the injury was committed in the performance of a duty the employer owes by law to the employé, or unless the employer has neglected to use ordinary care in the selection of the culpable employé.

SEC. 2. This Act shall take effect immediately.

An Act to prevent misrepresentations of conditions of employment, making it a misdemeanor to misrepresent the same and providing penalties therefor.

[Stats. of Cal. 1903, p. 269.]

SECTION 1. It shall be unlawful for any person, partnership, company, corporation, association, or organization of any kind, doing business in this State directly or through any agent or attorney, to induce, influence, persuade, or engage any person to change from one place to another in this State or to change from any place in any State, Territory, or country to any place in this State, to work in any branch of labor, through or by means of knowingly false representations, whether spoken, written, or advertised in printed form, concerning the kind or character of such work, the compensation therefor, the sanitary conditions relating to or surrounding it, or the existence or non-existence of any strike, lockout, or other labor dispute affecting it and pending between the proposed employer or employers and the persons then or last theretofore engaged in the performance of the labor for which the employé is sought.

SEC. 2. Any violation of section one or section two hereof shall be deemed a misdemeanor, and shall be punished by a fine of not exceeding two thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment.

SEC. 3. This Act shall take effect on the date of its passage.

An Act to limit the meaning of the word "conspiracy," and also the use of "restraining orders" and "injunctions," as applied to disputes between employers and employés in the State of California.

[Stats. of Cal. 1903, p. 289.]

SECTION 1. No agreement, combination, or contract by or between two or more persons to do or procure to be done, or not to do or procure not to be done, any act in contemplation or furtherance of any trade dispute between employers and employés in the State of California shall be deemed criminal, nor shall those engaged therein be indictable or otherwise punishable for the crime of conspiracy, if such act committed by one person would not be punishable as a crime, nor shall such agreement, combination, or