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Final judgment, after one year.

decides is entitled to a divorce, and from such interlocutory judgment an appeal may be taken within six months after its entry, in the same manner and with like effect as if the judgment were final.

132. When one year has expired after the entry of such interlocutory judgment, the court on motion of either party, or upon its own motion, may enter the final judgment granting the divorce, and such final judgment shall restore them to the status of single persons, and permit either to marry after the entry thereof; and such other and further relief as may be necessary to complete disposition of the action, but if any appeal is taken from the interlocutory judgment or motion for a new trial made, final judgment shall not be entered until such motion or appeal has been finally disposed of, nor then, if the motion has been granted or judgment reversed. The death of either party after the entry of the interlocutory judgment does not impair the power of the court to enter final judgment as herein before provided; but such entry shall not validate any marriage contracted by either party before the entry of such final judgment, nor constitute any defense of any criminal prosecution made against either.

SEC. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

Free public market.

Land set

apart shall be convenient.

CHAPTER LXVIII.

An act to amend an act entitled "An act to authorize the state board of harbor commissioners to establish and maintain a free public market upon the water front of San Francisco, and providing for the expenses and regulations thereof," approved March 29, 1897.

[Approved March 2, 1903.]

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

SECTION 1. The board of state harbor commissioners shall, within one year from the passage of this act, set apart upon some convenient portion of the water front of San Francisco a sufficient number of blocks and parts of blocks belonging to the state contiguous to the docks and piers for a free market for the greater portion of all the perishable products of the State of California arriving in San Francisco by land, boat, or other conveyance, including fruit, vegetables, eggs, poultry, grain, dairy products, and fish, and shall permit the sale of such products upon said blocks and portions of blocks of land by or for the account of the producers thereof only, under such regulations as may be prescribed by the said board of harbor commissioners and as the public convenience may require.

SEC. 2. The land so set apart for the free public market shall be as convenient as possible to that portion of the city

and county of San Francisco in which the principal wholesale trade in perishable products is now carried on, and must be adjacent and contiguous to such piers and docks as are accessible to all watercraft ordinarily employed in carrying such products upon the waters of San Francisco bay and the navigable waters contributing thereto, and vessels so loaded shall have the preference at all times at docking at such wharves and piers contiguous to said lands over other vessels not so loaded.

ment of

room.

SEC. 3. Docking room at said piers shall be assigned with- Assignout partiality to all vessels engaged in the transportation of docking said products, and the space assigned shall be sufficient to permit such vessels regularly running upon a route to receive and discharge their entire cargoes of such products at the piers aforesaid, if they so desire, subject to the control and direction. of the board of state harbor commissioners. And the said board of state harbor commissioners shall construct car tracks to connect the said docks and piers with the land so set apart for the free public market and with the belt railroad. For the use of these tracks the state harbor commissioners shall prescribe such regulations as public convenience may require, and fix the compensation to be paid by the companies making use of them for this purpose.

SEC. 4. The harbor commissioners shall suitably inclose Tramways. said free market and construct suitable tramways and tracks or other devices for the rapid conveyance of perishable products from car or boat or other conveyance to the stalls in the free market, and operate the same.

for space.

violation

SEC. 5. The harbor commissioners shall assign space within No rental the free market to all producers of perishable products, under such regulations as the harbor commissioners may prescribe. No rental shall be charged for space in the free market. Any Penalty for violation of this act, or of the regulations made pursuant of act. thereof, shall exclude the person or firm guilty of such violation from the privilege of selling in the free market, during the pleasure of the harbor commissioners, not exceeding one year, in addition to any other penalty which may be incurred thereby.

how pro

SEC. 6. For the payment of the expenses of said free Expenses, market the said board of state harbor commissioners may, vided for. in their judgment, so adjust tolls upon the said perishable products as shall be delivered into said free market as to provide the necessary revenue; provided, however, that no one shall be compelled to enter into said free public market, and no tolls for the purpose of paying the expenses of said free market shall be levied, assessed, or inflicted upon any products not entering into said free public market; and provided further, that the total of such tolls so levied shall not exceed the total expense of maintaining such free market.

of free

SEC. 7. The officers of said free market shall be a super- Officers intendent and assistant superintendent, who shall also be market. secretary, and such other employés as the state board of harbor commissioners may appoint. The salary of all employés of said free market shall be fixed by the state board of harbor

Bonds of officers.

Moneys to carry act into effect.

commissioners, and be paid out of the general fund of said harbor commission the same as other employés.

SEC. 8. All officers and employés of any public market on state property are officers and employés of the state, and shall qualify in the same manner as other employés, and give such bonds as the harbor commissioners may prescribe.

SEC. 9. There is hereby appropriated out of the San Francisco harbor improvement fund the necessary moneys to enable the harbor commissioners to carry this act into effect, and this appropriation shall have precedence of all other claims on such fund for improvements.

State flower.

CHAPTER LXIX.

An act to select and adopt the "golden poppy" as the state flower of California.

[Approved March 2, 1903.]

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

SECTION 1. The golden poppy (Eschscholtzia) is hereby selected, designated, and adopted as the state flower of the State of California.

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

Personal property

that may be mortgaged.

CHAPTER LXX.

An act to amend an act entitled "An act to establish a Civil Code," approved March 21, 1872, by amending section 2955 thereof, relating to mortgages upon personal property.

[Approved March 3, 1903.]

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

SECTION 1. Section twenty-nine hundred and fifty-five of an act entitled "An act to establish a Civil Code," approved March twenty-first, eighteen hundred and seventy-two, is hereby amended so as to read as follows:

2955. Mortgages may be made upon the following personal property, and none other:

First-Locomotives, engines, and other rolling stock of a

railroad.

Second-Steamboat machinery, the machinery used by machinists, foundrymen, and mechanics. Third - Steam engines and boilers.

Fourth-Mining machinery.

Fifth-Printing presses and material.
Sixth-Professional libraries.

Seventh-Instruments of surveyors, physicians, and dentists.
Eighth-Upholstery, furniture and household goods.
Ninth Oil paintings, pictures and works of art.
Tenth-All growing crops, including grapes and fruit.
Eleventh-Vessels of more than five tons burden.

Twelfth Instruments, negatives, furniture and fixtures of a photograph gallery.

Thirteenth-The machinery, casks, pipes, tubes and utensils used in the manufacture or storage of wine, fruit brandy, fruit syrups or sugar; also wines, fruit brandy, fruit syrup, or sugar, with the cooperage in which the same are contained.

Fourteenth-Pianos and organs.

Fifteenth-Iron and steel safes.

Sixteenth-Cattle, horses, mules, swine, sheep, and goats, and the increase thereof.

Seventeenth-Harvesters, threshing outfits, hay presses, wagons, farming implements, and the equipments of a livery stable, including buggies, carriages, harness, robes.

Eighteenth-Abstract systems, books, maps, papers, and slips of searchers of records.

Nineteenth-Raisins and dried fruits, cured or in process of being cured. Also all boxes, fruit graders, drying trays and fruit ladders.

SEC. 2. This act shall take effect immediately.

Personal property that may

be mort

gaged.

CHAPTER LXXI.

An act to amend the Political Code by amending section twentysix hundred and ninety-six thereof, and by adding a new section thereto, to be numbered section twenty-six hundred and forty-three a, relating to roads and highways.

[Approved March 3, 1903.]

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

SECTION 1. Section twenty-six hundred and ninety-six of the Political Code is hereby amended to read as follows:

procure

protect

2696. Whenever it shall become necessary to acquire land Proceedin order to raise the banks along any stream or remove obstruc-ings to tions therefrom, or widen, change, deepen or straighten their land to channels for the purpose of protecting any public road or high- roads way, or to construct flumes, ditches or canals, or make other along improvements for the purpose of carrying off storm-waters or floods to a place of safety, the board must, by order, direct proceedings to procure land necessary for such purpose to be instituted by the district attorney of the county, in the name

streams.

Super

of the county, under and as provided in title seven of part three of the Code of Civil Procedure.

SEC. 2. A new section is hereby added to the Political Code, to be numbered section twenty-six hundred and forty-three a, so as to read as follows:

26434. Whenever any public road or highway is in danger of being damaged by storm-waters or floods on the same, the adopt plan board of supervisors shall adopt such measures as may be

visors may

of protec

tion from

floods; special tax, how levied.

necessary to prevent such damage, and may, by ordinance, establish a district, adopt a general plan of protection from storm-waters and floods therein, and may cause a part or all of the road taxes collected in such district to be apportioned to a fund and expended for such purpose, and they may also apportion to such fund and expend for such purpose an amount not exceeding ten per centum of the general road fund of the county, or they may at the time of levying taxes for general county purposes levy a special tax for such purpose, not exceeding fifty cents on each one hundred dollars of the taxable property in the district as shown by the last assessment roll, but no such special tax shall be levied upon any district until the proposition to levy the same has been submitted to the qualified electors of the district and received a majority of all the legal votes cast on said proposition.

"Trademark" defined.

CHAPTER LXXII.

An act to amend section 3196 of the Political Code, relating to the definition of trademarks.

[Approved March 3, 1903.]

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

SECTION 1. Section three thousand one hundred and ninetysix of the Political Code is amended so as to read as follows:

3196. The phrase "trademark" as used in this chapter includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label, or wrapper usually affixed by any mechanic, manufacturer, druggist, merchant, or tradesman, to denote any goods to be goods imported, manufactured, produced, compounded or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description, and also any name or names, marks or devices, branded, stamped, engraved, etched, blown, or otherwise attached or produced upon any cask, keg, bottle, vessel, siphon, can, case, or other package, used by any mechanic, manufacturer, druggist, merchant or tradesman, to hold, contain or inclose the goods so imported, manufactured, produced, compounded or sold by him, other

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