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3504. SEC. 5. Any person or persons who shall violate any of the provisions of this Violations of act act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be Penalties. fined in any sum not less than twenty dollars nor more than one hundred dollars, or

by imprisonment in the county jail for any term not less than ten days nor more than

ninety days, or by both such fine and imprisonment.

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

Hogs.

HOGS IN MARIN, ALAMEDA, SACRAMENTO, SAN FRANCISCO, STANISLAUS, YUBA, SANTA
CLARA. BUTTE, YOLO, SAN MATEO, SANTA CRUZ, SAN JOAQUIN, SAN BERNARDINO,
SUTTER, SANTA BARBARA, SAN LUIS OBISPO, LOS ANGELES, TUOLUMNE, HUMBOLDT,
MERCED, KLAMATH, AMADOR, SONOMA, PLACER, PLUMAS, AND LASSEN COUNTIES.

An Act concerning hogs found running at large in certain counties in this State. [Amendment of title, approved March 16, 1863, 57.

Approved April 21, 1856, 229.

3505. SECTION 1. All hogs found trespassing upon the premises of any person in Hogs found the Counties of Marin, Alameda, Sacramento, San Francisco, Stanislaus, Yuba, Santa trespassing. Clara and Butte, the owner or proprietor of such premises may take up and safely keep at the expense of the owner or owners thereof, all such hogs so found tres

passing. [Amendment, approved March 16, 1863, 57; took effect from passage.

3506. SEC. 2. All persons taking up hogs trespassing upon their lands, whether Posting notices. inclosed or not, shall immediately thereafter post notices in three public places, containing a description of the ear and other marks of such hogs, whereby their owners

may identify them as their property.

reclaim.

3507. SEC. 3. If the owners of such hogs come forward within five days after the Owners may time such notices were posted and prove them to be their property, the person taking them up shall deliver them to such owners upon their paying all costs, charges and damages, sustained by reason of their trespassing.

3508. SEC. 4. If, however, the owners do not come forward within the five days, Sales at auction. then the person taking up such hogs shall immediately notify a constable of the township wherein the trespass has been committed, and said constable shall proceed to sell at public auction, after giving five days' notice of such sale by posting notices in three public places in said township, all such hogs so taken up; provided, however, that Proviso. the owners may prove their property and receive it by paying all costs, charges and damages, at any time before such sale takes place.

charges and

3509. SEC. 5. If the parties cannot agree as to the amount of charges and damages, Arbitration of then each party may choose one disinterested person and they may choose a third damages. person, who shall determine the amount thereof; should the owners not come forward, then the constable shall appoint three disinterested persons to determine the

amount.

3510. SEO. 6. The fees of the constable for making sales under the provisions of Fees of this act, shall be the same as are allowed by law for sale under execution.

constables.

3511. SEC. 7. If there should be any surplus money arising from such sales, after Surplus moneys. paying all costs, charges and damages, the constable shall pay the same to the owners of such hogs sold; provided, they prove they are entitled to it within ten days after the sale; if not, then he shall pay it to the county treasurer, taking his receipt for the

same.

3512. SEC. 8. All money paid to the county treasurer under the provisions of this Disposition of act shall become a part of the county school fund. surplus.

unclaimed

3513. SEC. 9. Any constable refusing or neglecting to pay to the owners or the Refusal to pay County treasurer the surplus money derived from such sale, shall be liable for the over surplus. Fame, on his official bond, and shall be deemed guilty of a misdemeanor, and upon a conviction thereof, shall be punished by fine, not exceeding one hundred dollars; provided, that the provisions of the forgoing act shall not apply to any hogs belonging Proviso. to any inhabitant of the County of Sonoma, living in the vicinity of the boundary dividing Sonoma and Marin Counties, which may voluntarily wander into Marin County, unless such hogs are found trespassing upon grounds in Marin County, inclosed by such a fence as is declared lawful as against hogs in Sonoma County. [Amendment, approved April 18, 1859, 337.

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Liberty township, Klamath County.

Proviso.

An Act to extend the foregoing act of April 21, 1856.

Approved March 4, 1857, 54.

3514. SECTION 1. The act concerning hogs running at large in the Counties of Marin, Sacramento, San Francisco, Alameda, Stanislaus, Yuba, and Santa Clara, approved April 21st, 1856, is hereby extended to, and made applicable to, the Counties of Yolo, San Mateo, Santa Cruz, San Joaquin, San Bernardino, Sutter, Santa Barbara, San Luis Obispo, Los Angeles and Tuolumne.

An Act to extend the provisions of the act of April 21, 1856.

Approved February 9, 1858, 17.

3515. SECTION 1. The provisions of an act entitled "An act concerning hogs found running at large in the Counties of Marin, Sacramento, San Francisco, Alameda, Stanislaus, Yuba, and Santa Clara," approved April twenty-first, one thousand eight hundred and fifty-six, are hereby extended and made applicable to the Counties of Humboldt, and Merced.

An Act to extend the act of April 21, 1856.

Approved April 8, 1859, 176.

3516. SECTION 1. An act concerning hogs found running at large in the Counties of Marin, Sacramento, San Francisco, Alameda, Stanislaus, Yuba and Santa Clara, approved April twenty-first, one thousand eight hundred and fifty-six, is hereby extended to, and made applicable to, the Counties of Trinity, Sonoma, Monterey, and Solano.

An Act supplementary to the foregoing act of April 21, 1856.

Approved May 17, 1861, 465.

3517. SECTION 1. The act to which this act is supplementary, shall be held, and is hereby declared, to apply to the township of Liberty, in the County of Klamath. SEC. 2. This act shall take effect and be in force from and after its passage. An Act to extend the provisions of the act of April 21, 1856.

Approved March 18, 1862, 39.

Townships 1, 2 3518. SECTION 1. The provisions of an act entitled an act concerning hogs found and 5, Amador County, running at large in the Counties of Marin, Sacramento, San Francisco, Alameda, Stanislaus, Yuba, and Santa Clara, approved April twenty-first, one thousand eight hundred and fifty-six, and the amendments thereto, approved April eighteenth, one thousand eight hundred and fifty-nine, are hereby extended, and made applicable to towuships numbers one, two, and five, in the County of Amador; provided, that the provisions of this act shall not apply to any hogs owned by any inhabitant of the County of Amador living outside of said townships numbers one, two, and five, and within one mile of the boundary dividing said townships numbers one, two, and five, from other townships in Amador County, unless such hogs are found trespassing upon grounds in said townships numbers one, two, and five, inclosed by lawful fence. [Amendment, approved April 24, 1862, 330; took effect from passage.

Sonoma and
Vallejo town-
ships, Sonoma
County.

Proviso.

An Act to extend the provisions of the act of April 21, 1856.

Approved April 25, 1863, 580.

3519. SECTION 1. The provisions of an act entitled an act concerning hogs found running at large in the Counties of Marin, Sacramento, San Francisco, Alameda, Stanislaus, Yuba, and Santa Clara, approved April twenty-first, one thousand eight hundred and fifty-six, and the amendments thereto, approved April eighteenth, one thousand eight hundred and fifty-nine, are hereby extended and made applicable to the townships of Sonoma and Vallejo, in the County of Sonoma; provided, that the provisions of this act shall not apply to any hogs owned by any inhabitant of the County of Sonoma living outside of the townships of Sonoma and Vallejo, and within one mile of the boundary dividing said townships of Sonoma and Vallejo from other townships in Sonoma County, unless such hogs are found trespassing upon grounds in said townships of Sonoma and Vallejo, inclosed by lawful fence.

SEC. 2. All acts or parts of acts in conflict with this act are hereby repealed.
An Act to prevent hogs running at large in certain counties of this State.

Approved March 24, 1864; 1863-4, 227.

3520. SECTION 1. All the provisions of an act entitled an act concerning hogs run

others.

ning at large in the Counties of Marin, Sacramento, San Francisco, Alameda, Stanis- Yolo County and laus, Yuba, and Santa Clara, approved April twenty-first, eighteen hundred and sixtythree, are hereby extended to the Counties of Sutter (provided, in the County of Sut-Proviso. ter this act shall only be in force from the fifteenth day of November of each year to the fifteenth day of August following), and San Joaquin, Yolo, San Mateo, Santa Cruz, Santa Barbara, San Luis Obispo, San Bernardino, Tuolumne, and the same are revived and continued in full force in said last-named counties.

An Act to extend the act of April 21, 1856.

Approved April 1, 1864; 1863-4, 290.

and Lassen Counties.

3521. SECTION 1. The act concerning hogs running at large in the Counties of Marin, Placer, Plumas, Sacramento, San Francisco, Alameda, Stanislaus, Yuba, and Santa Clara, approved April twenty-first, eighteen hundred and fifty-six, and amended March fourth, eighteen hundred and fifty-seven, to extend to the Counties of Yolo, San Mateo, Santa Cruz, San Joaquin, San Bernardino, Sutter, Santa Barbara, San Luis Obispo, Los Angeles, and Tuolumne, is hereby extended to and made applicable to the Counties of Placer, Plumas, and Lassen.

SEC. 2. This act shall be in force from and after its passage.

HOGS IN COLUSA, TEHAMA, NAPA, MONTEREY, TULARE, EL DORADO, SOLANO, AND CONTRA
COSTA COUNTIES.

An Act concerning hogs found running at large in the counties of Colusa, Tehama, Butte, Sonoma, (*) and Napa.

Approved March 26, 1857, 106.

3522. SECTION 1. All hogs found trespassing, upon the premises of any person or Hogs trespassing persons, in the Counties of Tehama, Colusa, Butte, Napa and Sonoma,(") between the may be taken up. first day of March and the first day of September, of each year, the owner or proprietor of such premises may take up, and safely keep, at the expense of the owner or owners thereof, all such hogs so found trespassing.

3523. SEC. 2. All persons taking up hogs trespassing upon their lands, whether Notice given. inclosed or not, shall, immediately thereafter, post notices in three of the most public places in the township in which such persons reside, containing a description of the ear and other marks, of such hogs, whereby the owners may identify them as their property.

reclaim.

3524. SEC. 3. If the owners of such hogs come forward, within five days after the Owners may time such notices were posted, and prove them to be their property, the person taking them up shall deliver them to such owners, upon their paying all costs, charges, and damages sustained, by reason of their trespassing.

3525. SEC. 4. If, however, the owners do not come forward within the five days, Auction sales. then the person taking up such hogs, shall immediately notify a constable of the township, wherein the trespass has been committed, and said constable shall proceed to sell at public auction, after giving five days' notice of such sale, by posting notices in three public places, in said township, all such hogs so taken up; provided, however, that Proviso. the owners may prove their property, and receive the same, by paying all costs, charges, and damages, at any time before such sale takes place.

3526. SEC. 5. If the parties cannot agree as to the amount of charges and damages, Arbitration of then each party may choose one disinterested person, and they may choose a third charges and damages. person, who shall determine the amount thereof; should the owners not come forward, then the constable shall appoint three disinterested persons to determine the amount.

3527. SEC. 6. The fees of the constable for making sales under the provisions of Fees. this act, shall be the same as are allowed by law for sale under execution

owner.

3528. SEC. 7. If there should be any surplus money arising from such sales, after Surplus paid paying all costs, charges, and damages, the constable shall pay the same to the owners of such hogs sold; provided, they prove they are entitled to it, within fifteen days Proviso. after sale, if not, then he shall pay it to the county treasurer, taking his receipt for the same.

3529. SEC. 8. All moneys paid into the county treasury, under the provisions of Disposition of this act, shall become a part of the "school fund.”

unclaimed surplus.

3530. SEC. 9. Any constable refusing or neglecting to pay to the owners, or county Refusal to pay treasurer, the surplus derived from such sale, shall be liable for the same, on his official over surplus.

(*) This act was repealed, so far as related to Sonoma County, by act approved March 20, 1858, 79.

Repeal.

Contra Costa and
Monterey
Counties.

Repealing clause.

Tulare County.

Proviso,

Proviso.

Tulare County.

El Dorado
County.

Solano County.

bond, and shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine, not exceeding one hundred dollars.

3531. SEC. 10. All acts, or parts of acts, inconsistent with the provisions of this act, so far as regards the within-named counties, be, and the same are hereby repealed. This act to take effect and be in force, from and after its passage.

An Act concerning hogs running at large in the Counties of Contra Costa and Monterey, between the first day of June and the first day of October in each year.

Approved May 2, 1861, 271.

3532. SECTION 1. Any hog, or hogs, found trespassing upon the premises of any person, or persons, in the Counties of Contra Costa and Monterey, between the first day of June and the first day of October in each year, may be taken up by the owner, or owners, of such premises, and safely kept, at the expense of the owner, or owners, of such hog, or hogs, so found trespassing, and be subject to all the provisions of the second, third, fourth, fifth, sixth, seventh, eighth, and ninth, sections of An Act of March twenty-sixth, eighteen hundred and fifty-seven, concerning hogs running at large in the Counties of Colusa, Butte, Tehama, Sonoma, and Napa.

SEC. 2. All acts, or parts of acts, in conflict with this act, so far as relates to the Counties of Contra Costa and Monterey, are hereby repealed.

An Act submitting to the qualified electors of Tulare County the question of permitting hogs to run at large in certain portions of said County.

Approved May 17, 1861, 411.

3533. SECTION 1. The provisions of an act concerning hogs running at large in the Counties of Colusa, Tehama, Butte, Napa, and Sonoma, approved twenty-sixth March, eighteen hundred and fifty-seven, is hereby made applicable to all that portion of Tulare County lying north of the dividing-ridge between the Tule River and Deer Creek, in said county; provided, the qualified voters of that portion of Tulare County, recited in this section, shall by a majority of said electors vote in favor thereof at the next general election for members of assembly; provided, that the provisions of this act shall not be in force during the months of September, October, and November, of each year.

[SECS. 2, 3, and 4 provided that said question should be submitted to the qualified voters of the district affected at the next general election, and if the question was decided affirmatively, the provisions of the act of March 26, 1857, referred to, should go into operation on March 1, 1862. This act took effect from passage.]

An Act concerning hogs running at large in Tulare County.
Approved April 15, 1862, 241.

3534. SECTION 1. The provisions of an act concerning hogs running at large in the Counties of Colusa, Tehama, Butte, Napa, and Sonoma, approved March twentysixth, eighteen hundred and fifty-seven, are hereby made applicable to all that portion of Tulare County lying between the foot hills of the Sierra Nevada Mountains, to within five miles of, and around, Tulare, Kern, and Buena Vista, Lakes, and tule lands between said lakes.

[SECS. 2, 3, 4, and 5 provided for the submission of the question to the qualified voters of said district at the next general election. If the majority decided affirmatively, the provisions of the act of March 26, 1857, referred to, was to go into effect from February 1, 1863; if negatively, the foregoing act of May 17, 1861, was to cease to be in force and effect in said county. This act took effect from passage.]

An Act concerning hogs running at large in the County of El Dorado.

Approved March 25, 1862, 85.

3535. SECTION 1. All hogs found trespassing upon the premises of any person or
persons in the County of El Dorado, may be taken up by the owner or proprietor of
such premises, and safely kept, at the expense of the owner or owners of such hog,
or hogs so found trespassing, and be subject to all the provisions of sections two,
three, four, five, six, seven, eight, and nine, of an act entitled an act concerning hogs
found running at large in the Counties of Colusa, Tehama, Butte, Sonoma, and Napa,
approved March twenty-sixth, eighteen hundred and fifty-seven.
SEC. 2. This act shall take effect from and after its passage.

An Act concerning hogs running at large in the County of Solano.
Approved April 10, 1862, 214.

3536. SECTION 1. Any hog or hogs found trespassing upon the premises of any person or persons in the County of Solano, may be taken up by the owner or owners of such premises, and safely kept at the expense of the owner or owners of such hog or

hogs so found trespassing, and be subject to all the provisions of the second, third, fourth, fifth, sixth, seventh, eighth, and ninth sections of an act of March twentysixth, eighteen hundred and fifty-seven, concerning hogs running at large in the Counties of Colusa, Tehama, Butte, Sonoma, and Napa; provided, this act shall not be in Proviso. force as to any hog or hogs owned in said Solano County between the fifteenth day of August and the thirty-first day of December of each year. [Amendment, approved April 4, 1864; 1863-4, 448.

SEC. 2. All acts and parts of acts in conflict with this act, so far as they relate to Solano County, are hereby repealed. [Amendment, approved April 4, 1864; 1863-4, 448.

An Act concerning hogs running at large in the County of Contra Costa.

Approved April 27, 1863, 774.

3537. SECTION 1. Any hog or hogs found trespassing upon the premises of any Contra Costa person or persons in the County of Contra Costa may be taken up by the owner or County. owners of such premises, and safely kept, at the expense of the owner or owners of such hog or hogs so found trespassing, and be subject to all the provisions of the second, third, fourth, fifth, sixth, seventh, eighth, and ninth sections of an act of March twenty-sixth, eighteen hundred and fifty-seven, concerning hogs found running at large in the Counties of Colusa, Tehama, Butte, Sonoma, and Napa.

SEC. 2. All acts or parts of acts in conflict with this act, so far as relates to the County of Contra Costa, are hereby repealed.

Home of the Inebriate.

3538. An Act appropriating moneys for the benefit of the home for the care of inebriates in the City and County of San Francisco.

Approved April 19, 1861, 205.

[This act appropriated $2,000 to the institution named in the title, and required the president and treasurer thereof to report to the legislature a sworn detailed statement of, and to execute a bond for, its faithful expenditure and application.]

3539. An Act appropriating money for the erection of a building in the City of San Francisco, for the use of the home for the care of the inebriates.

Approved May 2, 1862, 488.

[This act appropriated $5,000 for the purpose of erecting a building, to be used as a home and hospital for the care of inebriates; made provision against its being used or occupied for any other purpose, and required the president and treasurer to report, and execute a bond for the faithful expenditure and application of the money appropriated. This act contains the following section of a general nature :]

all parts of the

3540. SEC. 4. Said building shall always be kept open for the reception and care Inebriates from of inebriates, both male and female, of every nationality and sect, from all parts of State. the State, free of charge for their support, care, or medical attendance, while they necessarily remain therein. The board of managers of said institution are hereby required to report, annually, to the legislature of this State, on the meeting thereof, Annual report. the condition of said institution, together with a tabular statement showing the number of inmates received into the home for the year, their nationality, age, sex, place of residence, occupation, and, as far as may be, the numbers that have become reformed by its influence, also a detailed account of the expense of maintaining the institution; provided, that nothing herein contained shall be taken to imply an obli- Proviso. gation, on the part of the State, to contribute to the support of said institution further than by the appropriation named in this act.

Homestead.

An Act to exempt the homestead and other property from forced sale in certain cases.

Passed April 21, 1851, 296.

3541. SECTION 1. The homestead, consisting of a quantity of land, together with the Homestead dwelling-house thereon and its appurtenances, not exceeeing in value the sum of five exempt from thousand dollars, to be selected by the husband and wife, or either of them, or other

forced sale.

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