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Sec. 5. This act shall take effect from and after its

passage.

ACT 4364.

An act to provide for the appointment of an examining commission on rivers and harbors, defining their duties and powers, and prescribing their compensation. [Approved March 19, 1889. Stats. 1889, p. 420.]

Appointment of engineers.

Section 1. The governor of the state, within thirty days after the passage of this act, shall appoint three competent engineers in good standing in their profession, to be known and called the examining commission on rivers and harbors. The persons so appointed shall hold office until the first day of January, eighteen hundred and ninety-one. In case any vacancy may arise in such commission from any cause, the governor shall immediately fill such vacancy by appointment.

Oath of office.

Sec. 2. Each of said commissioners shall, before entering upon the discharge of his duties, take and subscribe an oath of office. The said commission shall organize by electing a president and secretary.

Duty of commission.

Sec. 3. The said commission shall make a full and careful examination into the condition of the Sacramento and San Joaquin rivers, and such other rivers and streams as they may select for that purpose. They shall determine what steps are necessary for the rectification and improvement of such rivers and streams, and shall make, or cause to be made, all such necessary and proper surveys, examinations, maps, designs, drawings, estimates, specifications, and exhibits as will enable the congress of the United States to clearly understand the condition of such rivers, and the cost and expense of properly rectifying and improving the same. The said commission' shall, whenever requested by the governor, also make an examination for a similar purpose into such harbors as they may be so required to examine. Said commission shall have power to employ such persons at such compensation as they may deem proper, as surveyors or assistants in any of the work herein above specified.

Report of. Sec. 4. The said commission shall make a full report on or before the first day of October, eighteen hundred and ninety, to the governor, on the matters herein specified, which said report shall be in such form and contain such calculations, specifications, and estimates as that it may be to congress as the basis of an appropriation by congress for the improvement of the Sacramento and San Joaquin rivers, and other navigable streams of the state, and of such bays and harbors as may have been examined by said commission as herein provided. The superintendent of state printing shall print and publish as many copies of said report and exhibits as may be ordered by the governor.

Salaries.

Sec. 5. Each member of the said commission shall receive a salary of two thousand four hundred dollars per annum, payable monthly, and his traveling expenses while engaged in the performance of official duties. Said salary and expenses to be paid out of any money in the state treasury not otherwise appropriated.

Sec. 6. This act shall take effect and be in force from and after its passage.

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ACT 4365.

To create a board of commissioners and the office of overseer to regulate watercourses. [Stats. 1854, p. 76.]

Amended 1857, 29; 1860, 335; 1861, 31; 1862, 235.

Cal.Rep.Cit. 69, 362; 69, 367; 70, 191; 70, 192.

Applies only to Contra Costa, Colusa, Los Angeles, Napa. San Bernardino, San Diego, Santa Barbara, Solano, and Tulare counties.

ACT 4366.

Board of water commissioners for Merced County. [Stats. 1860, p. 182.]

ACT 4367.

To provide for the joint investigation with the federal government of the water resources of the state, and of the best methods of preserving the forests thereof; and making an appropriation for the expenses of such investigations. [Approved March 16, 1903. Stats. 1903, p. 171.]

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Incorporating Watsonville. [Stats. 1867-8, p. 688.]

Amended 1873-4, 43; 1875-6, 511; 1877-8, 363.

by incorporating, in 1889, under the statute of 1883.

Superseded

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Weaverville, preventing hogs and goats running at large in. [Stats. 1877-8, p. 33.]

Repealed by estray law, 1897, 198.

TITLE 536.

ACT 4381.

WEIGHTS AND MEASURES.

To establish a standard of weights and measures. [Stats.

1861, p. 86.]

Amended 1861, 346; 1863, 737. Superseded by Political Code, secs. 3209-3223.

ACT 4382.

To establish a standard of weights and measures.

1891, p. 487.]

[Stats.

"Of doubtful constitutionality, and has never been acted under. (Condict v. Police Court, 59 Cal. 278; sec. 14, art. XI, State Const.; subd. 5, sec. 8, art. I, Const. of U. S.)"-Code Commissioners' note.

ACT 4383.

An act relating to weights and weighers for warehousemen and wharfingers, and matters connected therewith. [Approved March 24, 1903. Stats. 1903, p. 387.] The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. All persons now engaged in or who may hereafter engage in a general warehouse, wharfinger or storage business for the storage of grain or other commodities, which in the course of such business are weighed, shall before they engage in such business or within sixty days after the appointment of an inspector of weights as provided in section four of this act, designate in writing a person or persons as weigher or weighers for such business at the place thereof, and the person or persons so desig

nated shall thereupon, and before they shall do any weighing for such business subscribe, before an officer authorized to administer oaths, the following oath, to wit:

"(I or we) designated as (weigher or weighers) will correctly weigh all grain or other commodities brought to (here designating the business and place of business) for storage or weighing, or which may be taken out from the same, and in all cases render to the person bringing or receiving the same, as the case may be, upon demand, a full, true and correct account of the weight thereof."

Sec. 2. All persons engaged in the business in the foregoing section mentioned shall keep for and use in such business no other than true and correct scales and weights.

Said designation and said oath shall thereupon and within the time aforesaid, be recorded in the office of the recorder of the county in which such business is to be or is being carried on.

No person, excepting the person or persons thus designated and subscribing and recording such oath shall do any of the weighing of such business.

Sec. 3. Every person engaged in the business in said section one mentioned, shall keep and use therein none but true weights, and scales; said weights must conform to the United States standard of weights.

Sec. 4. The board of supervisors of the respective counties of the state of California, hereby are authorized to appoint for their respective counties an inspector of weights and measures, who shall hold office at the pleasure of said board and receive such compensation as each board may allow, and whose duty it shall be from time to time to test and examine all scales and weights kept or used in the business in the foregoing sections mentioned, and report all violations of this act to the district attorney of such county, whose duty it shall be to prosecute all violations hereof.

Sec. 5. Every violation of this act shall be and is pun ishable as a misdemeanor.

Sec. 6. Besides the prosecution of the criminal actions herein provided for, every person defrauded by false or incorrect weighing shall be entitled to recover from the person owning or conducting such business as in the foregoing sections mentioned, in any court of competent juris

WEST SIDE IRRIGATION DISTRICT-WHITTIER SCHOOL. 1463

diction, three times the amount of such shortage in weight of the grain or other commodity so delivered or taken out by him.

ACT 4388.

TITLE 537.

WEST SIDE IRRIGATION DISTRICT.

Act creating. [Stats. 1875-6, p. 731.]

Supplemented 1875-6, 885. Superseded by 1877-8, 468. Repealed as to Contra Costa and Alameda counties, 1877-8, 887.

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In relation to warehouse and wharfinger receipts, and other matters pertaining thereto.

949.]

[Stats. 1877-8, p.

Cal. Rep. Cit. 75, 355; 108, 140; 108, 141; 111, 380.

In full in Appendix to Civil Code, p. 778.

TITLE 539.
WHARVES.

The Political Code, secs. 2906 et seq., 2520 et seq. and 2567 et seq., seems to have superseded the old legislation on the subject of wharves.

ACT 4398.

Authorizing supervisors of counties to grant the right to
construct wharves. [Stats. 1858, p. 120.]
Amended 1869-70, 526; 1871-2, 908. Superseded by Political
Code, secs. 2906 et seq.

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Incorporation of. [Stats. 1873-4, p. 351.]

Amended 1875-6, 19; 1877-8, 441. Superseded by incorporating, in 1891, under Municipal Corporation Act of 1883. Cal.Rep.Cit. 48, 565.

TITLE 541.

ACT 4408.

WHITTIER STATE SCHOOL.

To establish the Whittier Reform School for Juvenile Offenders. [Stats. 1889, p. 111.]

Amended 1893, 328.

Cal.Rep.Cit. 110, 653; 117, 536; 122, 296.
In full in Appendix to Penal Code, p. 669.

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