of People ex rel. State Harbor Commissioners v. Pacific Imp Co., 130 Cal. 442.

Cal. Rep.Cit. 64, 502; 81, 29; 81, 35; 130, 444.

This act related to the jurisdiction of the harbor commissioners. ACT 3336.

To provide for the sale of the interest of the state in property within the water-front line. [Stats. 1853, p. 219.]

Supplemented 1855, 226; 1858, 139. Cal.Rep.Cit. 118, 215.

Unconstitutional in part. (Guy v. Hermaner, 5 Cal. 73.)

ACT 3337.

To provide for the sale of certain property of the state of California within the water-front line. [Stats. 1858, p. 323.]

ACT 3338.

To provide for the further extension of the water-front [Stats. 1880, p. 132.]

ACT 3339.

line.

Water-front of, confirming title to certain property on. [Stats. 1877-8, p. 417.]

Cal.Rep.Cit. 81, 29.

ACT 3340.

Water rates in, establishing. [Stats. 1875-6, p. 82.] Amended 1875-6, 760. Repealed by constitution of 1879. (Spring Valley W. W. v. Bryant, 52 Cal. 132.)

Cal.Rep. Cit. 52, 141; 53, 611.

ACT 3341.

Water-works for, to provide and maintain.

4, p. 807.]

[Stats. 1873

Superseded by art. XII, charter of San Francisco, 1899, 346. Cal.Rep.Cit. 53, 385; 54, 321.

This act authorized the supervisors to obtain a water supply. ACT 3342.

Water-works for, to provide and maintain.

6, p. 501.]

[Stats. 1873

Unconstitutional. (Spring Valley v. Bryant, 52 Cal. 132; 53 Cal. 611.) Repealed 1880, 1.

ACT 3343.

Water-front of.

Compromise of litigation concerning.

[Stats. 1875-6, p. 905.]

-ACT 3344.

Authorizing a conveyance to William Scholle, of certain water lots in San Francisco. [Stats. 1881, p. 3.]

ACT 3345.

An act to regulate the sales of perishable products on the wharves and other state property in the city and county of San Francisco by prohibiting such sales except by or in behalf of those holding permits from the board of state harbor commissioners and making such unlawful sales a misdemeanor, and prescribing the penalty therefor, and providing the conditions upon which suca permits shall be issued.

[Approved March 2, 1903.

Stats. 1903, p. 73.]

The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. It shall be unlawful for any person to sell, upon the public wharves or other property belonging to this state, in the city and county of San Francisco, and within the jurisdiction of the board of state harbor commissioners, any fruit, vegetables, poultry, eggs, honey, game, or other produce commonly known, and hereinafter referred to as perishable products, unless such person or the person, firm or corporation, which he may duly represent, shall hold the permit hereinafter described authorizing such sales to be made. Any violation of this act shall be deemed a misdemeanor punishable by a fine of not less than twenty-five dollars or more than five hundred dollars.

Sec. 2. Perishable products consigned to persons, firms or corporations not holding the permit hereinafter described, and delivered by carrier upon any wharf on the San Francisco water-front, must be removed from said wharf within twenty-four hours after their arrival, and the board of state harbor commissioners must levy and collect on such perishable products in addition to the regular state tolls, such additional wharfage as they may prescribe, but not less than the amount of the regular tolls, for each twenty-four hours or fraction thereof which such perishable products shall remain upon the wharf.

Sec. 3. Upon application of any person, firm or corporation receiving or expecting to receive perishable products to be delivered by carrier upon any wharf on the

San Francisco water-front, the board of state harbor commissioners shall issue free of charge to such applicant, a permit authorizing him to sell such products when delivered on the wharves or state property, during the time such perishables are permitted to remain there, under the general regulations prescribed by the commission; provided, nevertheless that said permit shall not be issued until the applicant shall have signed the application which shall read as follows:

"I (or we), expecting to receive consignments of perishable products to be delivered by carrier on the wharves or other property of the state of California in the city and county of San Francisco, and desiring to dispose of the same before removal, hereby make application for a permit to be valid for one year from the date of issue, to sell perishable products on said wharves or other state property. In consideration of the receipt of such permit, I (or we) promise to faithfully observe all the regula tions which are or may be prescribed by the board of the state harbor commissioners in regard to such sales, and in particular I (or we) agree that I (or we) will not, during the life of such permit, be a party to any conspiracy, agreement or understanding whereby I (or we) shall refuse to sell [to] any solvent purchaser or buy from any person whatever, and I (or we) agree that I (or we) will sell, impartially, and at the same prices, to all who desire to purchase for cash, without regard to their business or intended disposition of the products, and will exercise no discrimination whatever between buyers or sellers, by reason of their occupation, affiliations or honaffiliations. I (or we) also agree that in case of violation of this agreement, the board of state harbor commissioners may revoke the permit hereby applied for, whereupon I (or we) agree to surrender the same, and I (or we) agree that the board of state harbor commissioners shall be the sole judges of the fact of such violation, I (or we) having had a hearing in the matter.

Date

Sec. 4. The permit herein provided for shall be in such form as the board of state harbor commissioners may de termine and shall be valid for one year from date of issue and no longer.

Sec. 5. In case of violation of his agreement by the

holder of any permit the board of state harbor commissioners upon a hearing after giving due notice to all parties concerned, and finding the fact of such violation shall revoke and cancel the permit, and shall not issue a new permit to the offending party, except upon a new execution of the agreement hereinbefore set forth and the pay. ment of a fee of fifty dollars, and the right to receive a new permit shall rest in the discretion of said board of state harbor commissioners.

Sec. 6. The board of state harbor commissioners and all its officials and employees are charged with the enforcement of this act, and shall eject from the wharves or other state property all persons found attempting to make sales in violation of this act. And the board of state harbor commissioners through such officials as it may from time to time designate, shall prosecute all violations of this act in the proper court.

Sec. 7. All acts and parts of acts in conflict with this act are hereby repealed.

Sec. 8. This act shall take effect immediately.

ACT 3349.

TITLE 415.

SANITARY DISTRICTS.

"An act to provide for the formation, government, operation, and dissolution of sanitary districts in any part of the state, for the construction of sewers, and other sanitary purposes; the acquisition of property thereby; the calling and conducting of elections in such districts; the assessment, levy, collection, custody, and disbursement of taxes therein; the issuance and disposal of the bonds thereof, and the determination of their valadity, and making provision for the payment of such bonds, and the disposal of their proceeds." [Approved March 31, 1891. Stats. 1891, p. 223.]

Amended 1893, 88; 1895, 85; but this amendment declared unconstitutional (In re Werner, 129 Cal. 567); also amended 1901, 633; 1903, 121.

Cal. Rep.Cit. 99, 556; 99, 557; 123, 600.

Section 1. Whenever twenty-five persons in any county of the state shall desire the formation of a sanitary district within the county, they may present to the board of supervisors of such county a petition, in writing, signed