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or persons in their respective school districts, a good and reliable vaceine virus wherewith to vaccinate such children or persons who have not been vaccinated. And when so vaccinated, to give a certificate of vaccination, which certificate shall be evidence thereof for the purpose of complying with section 1.

Expenses for, how paid.

§ 4. The necessary expenses incurred by the provisions of this act shall be paid out of the common school moneys apportioned to the district, city, or town. And if there be not sufficient money, the trustees must notify the board of supervisors of the amount of money necessary, and the board must, at the time of levying the county tax, levy a tax upon the taxable property in the district sufficient to raise the amount needed. The rate of taxation is ascertained by deducting fifteen per cent for delinquencies from the assessment, and the rate must be based upon the remainder. The tax so levied must be computed and entered upon the assessment roll by the county auditor, and collected at the same time and in the same manner as state and county taxes, and when collected shall be paid into the county treasury for the use of the district.

Annual report of trustees.

§ 5. The trustees of the several school districts of this state are hereby required to include in their annual report, and report to the secretary of the state board of health, the number in their several distriets between the ages of five and seventeen years who are vaccinated, and the number unvaccinated.

§ 6. This act shall take effect immediately.

ACT 2841.

To provide for the proper sanitary conditions of factories and workshops, and the preservation of the health of employees. [Stats. 1889, p. 3.]

Amended 1901, p. 571; 1909, p. 43.

Unconstitutional: Schaezlein v. Cabaniss, 135 Cal. 466.

ACT 2842.

An act providing for the dissemination of knowledge among the people of California as to the best means of preventing the spread of tuberculosis, and making an appropriation therefor. [Approved March 21, 1907. Stats. 1907, p. 846.]

ACT 2843.

An act to provide for the medical treatment of indigent residents afflicted with incipient pulmonary tuberculosis; and to prescribe the duties of the state board of health and other public officials with relation thereto. [Approved April 14, 1909. Stats. 1909, p. 899.]

ACT 2844.

An act providing for the dissemination of knowledge among the people of California as to the best means of preventing the spread of tuber culosis, and making an appropriation therefor. Approved March 15, 1909. Stats. 1909, p. 368.]

A similar act was passed in 1907: See Stats. 1907, p. 864.

ACT 2845.

TITLE 401.

PUBLIC INSTITUTIONS.

An act providing for the exchange of commodities between the public institutions owned or managed and controlled by the state, or the political divisions thereof.

[Approved March 18, 1905. Stats. 1905, p. 185.]

§ 1. It shall be the duty of the state board of examiners, within six months after the passage of this act, to arrange, so far as may be practical, for an exchange of surplus products, either manufactured or natural, between the several public institutions owned or managed and controlled by the state or the political divisions thereof.

§ 2. It shall be the duty of the state board of examiners to so distribute and arrange, with the assistance of the boards of managers, directors or trustees of the several institutions referred to in section 1 of this act, the labor and industry of their inmates that it will prove conducive to their mutual assistance, with a view of advancing the economic management of all the institutions owned or managed and controlled by the state, or the political divisions thereof; and all such surplus products shall not be sold or disposed of to any individual, corporation or association not connected with the state, or any political division thereof, so long as there shall be any demand for any such products by any public institutions owned or managed and controlled by the state, or the political divisions thereof.

§ 3. In estimating the value of such articles for the purpose of such exchange or sale between public institutions, the cost of producing or raising such products, with ten per cent added, shall be the sale price thereof.

§ 4. Each institution shall notify the state board of examiners what surplus products they have to dispose of, as set forth in this act, and the state board of examiners shall notify all the other institutions owned or managed and controlled by the state, or the political divisions thereof, that such articles can be procured and where, and thereupon the provisions of section 2 of this act shall become effective, and the state board of examiners shall allow no claims for the purchase of any products from any individual, corporation or association so long as the

same might have been procured from a state institution after it had been duly notified of that fact.

§ 5. All acts and parts of acts inconsistent with this act are hereby repealed.

TITLE 402.

PUBLIC LANDS.

ACT 2846.

Authorizing the governor to reconvey part of the lands to the United States, conveyed to the state and listed under the agricultural college grant of 150,000 acres. [Stats. 1883, p. 287.]

ACT 2847.

Prescribing the mode of maintaining and defending possessory actions on lands belonging to the United States. [Stats. 1850, p. 203.] Repealed by act of 1852, p. 158.

ACT 2848.

Prescribing the mode of maintaining and defending possessory actions on public lands. [Stats. 1852, p. 158.]

Amended 1859, p. 94; 1861, p. 143.

Citations. Cal. 42/151, 406; 44/200; 103/422; 139/377.
Not repealed: See Gray v. Dixon, 74 Cal. 508.

ACT 2849.

For the protection of actual settlers and to quiet title to lands. [Stats.

1856, p. 54.]

"In many respects unconstitutional (Billings v. Hall, 7 Cal. 7; Lathrop v. Mills, 19 Cal. 513; Pioche v. Paul, 22 Cal. 105); and the parts not unconstitutional are probably superseded by the codes."-Code Commissioners' Note.

ACT 2850.

For the better protection of settlers on public lands. [Stats. 1858, p.

345.]

This act provided for the redress of parties ousted under a foreign grant which was afterward rejected or did not include the land.

ACT 2851.

Public lands, protection of settlers on. [Stats. 1873-74, p. 327.]

Amended 1881, p. 72.

Citations. Cal. 134/47.

See Political Code, §§ 3441, 3443.

ACT 2852.

For the better protection of settlers on the public lands of the United States and for the protection and encouragement of persons desirous of settling thereon. [Stats. 1887, p. 147.]

Codified by 420 of Penal Code, 1905.

ACT 2853.

Pre-emption and homestead claimants, protection of. [Stats. 1873-74,

[blocks in formation]

Public lands, bona fide settlers on, protection of. [Stats. 1873-74, p.

543.]

This act protected the rights of settlers on lands within the survey of a Mexican grant and which had been restored to the public domain.

АСТ 2855.

To provide for the management and sale of lands belonging to the state. [Stats. 1867-68, p. 507.]

Amended 1869-70, pp. 14, 814, 875. Supplemented 1869-70, p. 878.
Amended 1871-72, pp. 383, 668, 685, 858.

Citations. Cal. 45/357, 692; 46/189, 390; 47/182, 227, 240; 48/28; 51, 475, 537; 52/181; 56/223; 57/585, 586; 61/207; 63/308; 65/636; 68/542 74/111; 83/105; 84/615; 91/33; 115/333, 335; 117/457; 121/523; 130/609, 615; 140/279; 141/446; 144/211, 212, 213, 643, 644, 646; 149/798, 799, 800; 151/258.

AMDT. 1869-70.

Citations. Cal. 47/240, 413; 51/537; 52/106; 58/261; 63/308; 64/209; 68/543; 134/48.

This act repealed all prior acts: Kings Co. v. Tulare Co., 119 Cal. 509, 512, As to the effect of the Political Code upon it, see Reclamation District No. 3 v. Goldman, 61 Cal. 205.

ACT 2856.

Reservation from sale of certain land. [Stats. 1875-76, p. 679.]

This act reserved the north half of section 16, in township 7 south, and range 3 east, Mt. Diablo meridian,

ACT 2857.

Regulating the sale of lands uncovered by the recession or drainage of the waters of inland lakes. [Stats. 1893, p. 341.]

Amended 1899, p. 182.

Citations. Cal. 121/505; 136/492, 494, 497; 143/327, 328, 330, 332.
Codified by §§ 3493m-34931 of Political Code.

ACT 2858.

Salt marsh and tide lands, survey and disposition of. [Stats. 1873-74,

p. 858.]

Supplementing and amending act of April 1, 1870, Stats. 1869-70, p. 541, repealed by code amendments 1875-76, p. 15.

Itself supplemented and amended the act of 1867-68, p. 692.

ACT 2859.

Sale of swamp lands, distribution of funds derived from. [Stats. 187374, p. 770.]

Citations. Cal. 119/513.

ACT 2860.

To provide for applications for the purchase of sixteenth and thirtysixth sections, to regulate the application for the purchase of such sections, and requiring a deposit to accompany all applications for the purchase of the same. [Stats. 1889, p. 434.]

Citations. Cal. 139/626.

See this act post, Act 3827.

ACT 2861.

Providing for examination into the sale and disposal of state lands. [Stats. 1875-76, p. 798.]

This act created a commission to hold office one year for the above purpose

ACT 2862.

Making certificates of purchase or of location evidence of title. [Stats. 1859, p. 227.]

Supplemented 1859, p. 332. Amended 1867-68, p. 529.
Citations. Cal. 42/297; 51/45; 71/24.

In True v. Thompson, 42 Cal. 293, it was held that this act was superseded and repealed by the act of 1863, p. 591, in so far as it made a certificate of location prima facie evidence of title. The act of 1863 was in turn repealed by the act of 1867–68, p. 530.

ACT 2363.

Legalizing applications to purchase state lands. [Stats. 1869-70, p.

352.]

Citations. Cal. 45/450; 47/240; 56/223, 558; 58/541; 83/105; 117/464. This statute validated sales under the act of March 28, 1868, where the affidavits were defective.

See Act 3833, post.

ACT 2864.

Legalizing purchase of lands belonging to state. [Stats. 1871-72, p.

ACT 2865.,

622.]

School lands, act to legalize payments for. [Stats. 1871-72, p. 137.] ACT 2866.

Respecting payment in full by holders of certificates of purchase of lands sold prior to March 27, 1872, and for which the said state has at any time heretofore issued certificates of purchase to subsequent purchasers. [Stats. 1889, p. 428.]

ACT 2867.

For the relief of purchasers of state lands. [Stats. 1871-72, p. 587.] Amended 1877-78, p. 914.

Citations. Cal. 46/26; 52/376; 55/122; 56/224, 225, 226, 228; 62/259; 63/30; 68/543; 73/363; 74/112, 398; 83/106; 85/534, 535; 99/308; 107/ 547, 548.

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