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Misdemeanor.

Labels.

Packages.

Sales or gifts.

False names.

Fine or imprisonment.

druggist, when the same is done for medicinal purposes; but this section shall not be construed to allow the employment of any physician or druggist for the purpose of preparing such compounded preparation for use as a common beverage.

An Act to prevent the adulteration of food and liquors.

Approved, May 2d, 1862, 484.

268. SECTION 1. It is hereby forbidden and declared a misdemeanor, to adulterate, with any poisonous substance, any article to be used as food or drink by persons, or to sell or give away any article so adulterated.

269. SEC. 2. It is hereby forbidden, and declared a misdemeanor, to manufacture or prepare for sale, any adulterated article, to be used as food or drink by persons, without affixing on every package so prepared, a plainly printed English label, stating distinctly that the article is "adulterated," using that very word, and stating also the common English name, if it have one, of every substance used in the adulteration; the word "adulterated," and the names of the substances used in the adulteration, to be printed in type as large and clear as any used on the label; and no label, lacking in these requisites, shall be placed on such package.

270. SEC. 8. It is hereby forbidden, and declared a misdemeanor, to break any original package marked with a label, as required in the preceding section, and sell any part thereof without affixing a similar label upon it; or if the article sold be a liquor, to be drank at the time of sale, without showing the label.

271. SEC. 4. It is hereby forbidden, and declared a misdemeanor, to sell or give away any adulterated article, to be used as food or drink by persons, without a distinct accompanying notification of the adulteration.

272. SEO. 5. It is hereby forbidden, and declared a misdemeanor, to sell any article. to be used as food or drink by persons, under a false name, with intent to deceive the purchaser as to the real nature of the article.

273. SEC. 6. The commission of any misdemeanor forbidden in this act, shall, on conviction thereof, be punished by a fine not to exceed one thousand dollars, or imprisonment not to exceed six months, or by both such fine and imprisonment.

274. SEC. 7. This act shall be in effect on and after the first day of July, of the year one thousand eight hundred and sixty-two.

Incorporation.

Powers,

Real estate.

Model farm.

Exhibition.

Dissolution.

Agriculture.

I.

AGRICULTURAL SOCIETY OF THE STATE.

An Act to incorporate the State Agricultural Society, and to appropriate money for its support. passed May 18, 1854, 163.

275. SECTION 1. There is hereby established and incorporated a society to be known and designated by the name and style of the California State Agricultural Society, and by that name and style shall have perpetual succession, and shall have power to con"tract and be contracted with, to sue and be sued, and shall have authority to have and use a common seal, to make, ordain and establish and put in execution such by-laws, ordinances, rules and regulations as shall be necessary for the good government of said society, and the prudent and efficient management of its affairs: Provided, that said by-laws, ordinances, rules and regulations shall not be contrary to any provision of this charter, nor the laws and constitution of this State or of the United States.

276. SEC. 2. In addition to the powers above enumerated the society shall, by its name aforesaid, have power to purchase and hold any quantity of land not exceeding two sections, and may sell and dispose of the same at pleasure; the said real estate shall be held by said society for the purpose of establishing a model experimental farm or farms, erecting inclosures, buildings and other improvements calculated and designed for the meeting of the society, and for an exhibition of the various breeds of horses, cattle, mules and other stock, and of agricultural, mechanical and domestic manufactures and productions, and for no other purpose. And it is further enacted, that if, from any cause, said society shall ever be dissolved, or fail to meet within the period of two consecutive years, then the real estate held by it, together with all the build

ings and appurtenances belonging to said estate, shall be sold as lands are now sold, by execution, and the proceeds deposited in the State treasury, subject to the control of the legislature.

[SECS. 3, 4, 6, 7, 9, and 10 were repealed by Act of March 20, 1858, 80.

SECS. 5 and 11 provided for the first meeting of the society, named the first officers, and provided for filling vacancies in case of failure or inability to serve.

SEC. 8. appropriated $5,000 annually for four years for the purpose of paying premiums. It was amended by Act of March 20, 1858, 80, which appropriated $5,000 annually for five years from and after May 13, 1858, for same purpose. Both required certain duties of the recording secretary in regard to statements of accounts.]

An Act supplemental to foregoing Act of May 13, 1854, and amendatory Act of March 20, 1858.

Approved, March 12, 1863, 49.

277. SECTION 1. The general prudential and financial affairs of the society shall be Board of intrusted to a board of agriculture, to consist of a president and nine directors, five of agriculture. whom shall constitute a quorum.

278. SEC. 2. Said board of agriculture shall be elected at a general State agricultu- Election. ral convention, to be held at the capital of the State, in the year one thousand eight hundred and sixty-three, in the month of March, and in the month of January every year thereafter, to consist of the life members and annual members of the State agricultural society, and four delegates from each county agricultural society within this State, incorporated under the general laws of this State for such corporations, and an equal number from each district agricultural society, also incorporated under the general laws of this State for such purposes; said delegates to be chosen at the annual fair or annual meeting of each such society next preceding the State agricultural convention: Provided, said convention to be held in March, in the year one thousand eight hundred and sixty-three, may admit any person or persons representing any of said county or district agricultural societies as the convention may determine by a majority vote, whether such persons shall have been elected by their respective county or district agricultural societies, as provided in this act, or not.—[Amendment, approved March 12, 1863, 50; took effect on passage.

279. SEO. 3. The board of agriculture shall, at its first meeting after its election, be Term of office. divided by lot into three equal portions (omitting the president), one portion to continue in office one year, one portion two years, and one portion three years; one-third of the number, together with a president, to be elected at the State agricultural con

vention, annually thereafter; the directors to hold office three years.

280. SEC. 4. The board of agriculture may in the absence of the president choose Officers of board. one of its other members temporary chairman. They shall elect a treasurer and secretary, not members of the board, prescribe their duties, fix their pay, and the said

treasurer and secretary shall be subject to removal at any time by a majority of said board.

exhibition.

281. SEC. 5. The board of agriculture shall use all suitable means to collect and Duties, diffuse all classes of information calculated to aid in the development of the agricultural, stock-raising, mineral, mechanical, and manufacturing resources of the State; shall hold an annual exhibition of the industry and products of the State, and on or before Annual the first day of January of each year in which the legislature shall be in regular session, they shall furnish to the governor a full and detailed account of all its transactions, including all the facts elicited, statistics collected, and information gained, on the subject for which it exists; and also a distinct financial account of all funds received, Report. from whatever source, and of every expenditure for whatever purpose, together with such suggestions as experience and good policy shall dictate, for the advancement of the best interests of the State; the said reports to be treated as other State documents

are.

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282. SEC. 6. The board of agriculture shall have power to appoint a suitable num- Marshals. ber of persons to act as marshals, who shall be, from twelve o'clock, noon, of the day previous to the opening of the exhibition, until noon of the day after the close of the same, vested with all the powers and prerogatives with which constables are invested, so far as acts or offenses, committed within, or with reference to, or in connection with, the exhibition, are concerned.

283. SEC. 7. The board of agriculture may, in its discretion, award premiums for Premiums the best cultivated farms, orchards, vineyards, gardens, et cetera; provided, that said board shall not audit, allow, or pay, an amount exceeding one thousand dollars, in any one year, for traveling expenses of visiting committees in examining said farms,

Proviso,

Premium or coin.

Alteration in constitution.

Auditing of claims.

Warrants.

Presentation.

General fund.

Special fund.

Payment of claims.

Surrender of warrants.

Acceptance of bids. Proviso.

Board to nudit claims and ap

et cetera: Provided, further, that no person except practical agriculturists shall appointed on said committees.

284. SEO. 8. It shall be optional with any person to whom a premium is awarde to receive the article named, or its equivalent (as affixed) in coin.

285. SEC. 9. The State agricultural society shall have power, at its first annu meeting after the passage of this act, to make such alterations in its constitution shall make it conform to the provisions of this act.

286. SEC. 10. All acts or provisions in conflict with the provisions of this act a hereby repealed.

287. SEC. 11. This act shall be in effect from and after its passage.

An Act supplemental to foregoing Act of March 12, 1863.

Approved, April 18, 1863, 259.

288. SECTION 1. The board of directors mentioned in section one of the act t which this act is supplemental, shall audit all claims or demands against the Stat agricultural society that have accrued prior to the first day of January, eighteen hur dred and sixty-three, and allow such as may be just and proper, and cause their war rants to be drawn on the treasurer of said society, payable out of the general fund said warrants shall be signed by the president and secretary of said board of directors and the treasurer shall pay the same in the order of their presentation, if there b money in said fund; but if not, then he shall endorse on the back of the warrant Presented, and not paid for want of funds, this day of ―—————————, Anno Domin eighteen hundred and sixty —; and said warrants shall draw interest at the rat of ten per cent. per annum, from the date of presentation until paid.

289. SEO. 2. All assets, moneys, and debts, due said society, that accrued prior to the first day of January, eighteen hundred and sixty-three, shall be placed to the credi of the general fund, for the liquidation of the debts of said society created prior to the first day of January, eighteen hundred and sixty-three; and all moneys received during each fiscal year hereafter, shall be placed to the credit of a fund to be known as a special fund, for the payment of the current expenses, premiums, and awards for the year in which the same was received, and to liquidate the outstanding indebtedness of said society, as hereinafter provided; and all moneys received from appropriations, donations, or from any other source, and all property acquired, shall be exempt from attachment and execution for any debt or liability other than those created during that fiscal year.

290. SEC. 3. The directors shall, each year, pay all claims or demands, and premiums awarded, before the last day of December, from said special fund; and if any money remains in said special fund after the liquidation of all claims and demands of that fiscal year, then the directors shall advertise in some newspaper published in Sacramento, that they will receive proposals for the surrendering of the outstanding warrants against the general fund, naming the time and place when they will be received and opened. Said board shall accept the bids that will surrender said warrants for the lowest per cent. until all the money remaining in said fund is expended; and the board may accept a bid for a part of any warrant, and issue a new warrant for the balance due on such warrant; provided, said directors shall not receive any bid above par, or for any claims or demand that is not presented, allowed, and a warrant drawn as provided in section one of this act, within ninety days from the passage of this act.

291. SEC. 4. No debt or demand of any kind against said society, shall be paid by prove premiums. the treasurer or any other person until it shall have first been audited by the board of directors, and on a warrant drawn upon the treasurer, signed by the president and secretary; and no premiums that may have been awarded by any committee shall be paid until it has been approved by the board of directors.

292. SEC. 5. This act shall take effect and be in force from and after its passage.

SPECIAL ACTS.

293. [The following special acts relate to this subject:

Submitting to people of City and County of Sacramento proposition to appropriate money for
purchase and construction of suitable grounds and buildings for use of State Agricultural
Society and for other purposes in City of Sacramento, 1859, 20.

To condemn certain streets and alleys (in Sacramento) for use of California State Agricultural
Society, 1861, 228.

Providing for permanent improvement of stock grounds belonging to State Agricultural Society,
1861, 272.

Providing for printing report, 1861, 501.

For relief of State Agricultural Society, 1863-4, 313.]

II.

AGRICULTURAL SOCIETIES.

An Act concerning agricultural societies.

Approved, March 12, 1859, 104.

294. SECTION 1. Any seven or more persons may form an association for agricul- Incorporation. tural purposes, and when so formed, shall be known and designated by the name of Name. Agricultural Society, and by such name and style shall have perpetual suc- Powers. cession, and shall have power and authority to contract, and be contracted with; to sue, and be sued, in all courts; to have, and use, a common seal, and to alter the same at pleasure; to make, ordain, and establish, and put in execution, such by-laws, ordihances, rules, and regulations, as shall be necessary for the good government of such Society, and the management of its affairs; provided, that said by-laws, ordinances, Proviso. rales, and regulations, shall not be contrary to any provisions of this charter, or the constitution of this State, or of the United States.

land.

295. SEC. 2. In addition to the powers above enumerated, the society shall, by its May purchase name, have power to purchase, hold, and lease, any quantity of land, not exceeding in the aggregate one hundred and sixty acres, with such buildings and improvements as i may be erected thereon, and may sell, lease, and dispose of the same, at pleasure. The said real estate shall be held by such society, for the purpose of erecting buildings and other improvements calculated to promote and encourage the interests of agriculture, horticulture, mechanics, manufactures, stock-raising, and general domestic industry.

296. SEC. 3. The officers of such society shall consist of a president, two vice-pres- Officers. idents, a secretary, a treasurer, and two directors, all of whom shall be members of such society at the time of their election, and shall have the management of the fiscal, prudential, and other concerns, of such society, and shall be styled the board of managers. The said officers shall be elected, annually, by the members of the society, at such time, and in such manner, as in their constitution and by-laws they may prescribe, and shall hold their offices for the term of one year, and until their successors enter upon their duties.

297. SEC. 4. Such society may provide, by its constitution and by-laws, for mem- Membership berships of such society, and fix the prices of such membership, and terms of duration thereof.

298. SEC. 5. No society organized under the provisions of this act shall contract Liability. any debts or liabilities to exceed the amount of money in the treasury at the time such debt or liability shall have been contracted, except as provided in the next section.

Liability.

299. SEC. 6. Such society, by the unanimous vote of the board of managers, for the May execute purpose of purchasing or leasing property, as provided for by section second of this mortgage. act, or for the purpose of paying for property, may create debts or liabilities, not exceeding five thousand dollars, which they may secure by mortgage upon the property of said society; and in case of any excess being incurred, the members of said board of managers shall, in their individual and private capacities, be held jointly and severally liable to such society for the amount of such excess; provided, that any member Proviso. of said board who shall have been absent, or caused his dissent therefrom at the time to be entered on the minutes, shall not be so held liable. [Amendment, approved March 5, 1862, 37; took effect on passage.

300. SEC. 7. Within three months after the organization of such society, the board Certificate of of managers thereof shall cause to be filed in the office of the county clerk of the incorporation. County in which such society is organized, a certificate stating the name of the society, the purposes for which it was organized, the date of its organization, and the name of its officers, which certificate shall be signed by the president and secretary of said Society; a copy of such certificate, filed as aforesaid, and certified by the county clerk, -hall be received in all courts and places, as presumptive evidence of the matters therein stated.

301. SEC. 8. It shall not be lawful for any person to sue such society for the failure to award any premium, or premiums, or for a failure to pay the same when awarded.

SPECIAL ACTS.

302. [The following referred-to special acts are connected with this subject:Authorizing boards of supervisors of Alameda and Santa Clara Counties to make appropriations to agricultural societies, &c., 1860, 19.

Not to be sued for premiums.

An act of same character for Contra Costa County, 1860, 146; 1861, 64.

Authorizing board of supervisors of San Joaquin County to levy special tax for assist
"San Joaquin Valley District Agricultural Society," 1860, 153; see also 1861, 40.
Authorizing mayor and common council of Marysville to levy tax, &c., for benefit of cert
society, 1861, 50.

Appropriating money for maintenance and support of certain societies, 1861, 407.
Authorizing San Joaquin County to issue bonds for agricultural uses, 1863, 7, 25.

Authorizing Placer County to appropriate money for support of agricultural association, 18
358.

Authorizing formation of "Tehama County Stock Breeders' Association," 1863-4. 289.

For improvement of Napa County by means of agricultural society and State agricultural d lege, 1863-4, 366.

Resolution in regard to donation of land by United States for benefit of agriculture, &c., 186 4, 541.]

III.

Premiums.

Sugar.

Molasses.

Flax.

Hemp.
Cotton.

Tobacco.

Hops.

Raw silk.

Cotton drilling.

Burlap.

PREMIUMS FOR AGRICULTURE AND MANUFACTURES.

An Act for the encouragement of agriculture and manufactures in California.
Approved, April 25, 1862, 415.

303. SECTION 1. There shall be paid, from any money in the treasury not otherwi appropriated, to the producer claiming a premium by virtue of the provisions of th act, the following sums, for each of the articles herein enumerated, grown and man factured in California:

For the first one hundred bags of sugar, containing one hundred pounds each, pr duced from sorghum, five hundred dollars. For the same quantity, produced the nex succeeding year, two hundred and fifty dollars. For the same quantity, produced th second succeeding year, one hundred and fifty dollars. For the same quantity, pro duced the third succeeding year, one hundred dollars. For the same quantity of suga produced from sugar cane, the same premiums, and upon the same conditions, sha be paid; and also, for the same quantity, produced from beet root, the same preminn upon the same conditions.

For the first two hundred barrels molasses, manufactured from sorghum, two huu dred dollars. For the first two hundred barrels molasses, manufactured from suga cane, five hundred dollars.

For the first two hundred bales of flax, of two hundred pounds each, one thousand dollars. For the same quantity, produced in the first, second and third succeeding years, three hundred dollars, two hundred dollars, and one hundred dollars, respect ively. For the first one thousand bales of flax, of two hundred pounds each, two thousand dollars.

For the productions of hemp, the same premiums as are awarded on flax. For the first one hundred bales of cotton, of three hundred pounds each, thre thousand dollars. For the same quantity, produced in the first, second, and third succeeding years, two thousand, one thousand dollars, and five hundred dollars. respectively.

For the first two hundred bales of tobacco, one hundred pounds each, three hundred dollars. For the same quantity, produced the first, second, and third succeeding years, two hundred and fifty dollars, two hundred dollars, and one hundred and fifty dollars, respectively. For the first one thousand bales, of one hundred pounds each. one thousand dollars. For the first one hundred cases, of fifty pounds each, of manufactured tobacco, two hundred and fifty dollars. For the same quantity, in the first, second, and third succeeding years, two hundred dollars, one hundred and fifty dollars, and one hundred dollars, respectively. For the first one thousand cases of manufactured tobacco, of fifty pounds each, one thousand dollars.

For the first one thousand bales of hops, of two hundred pounds each, one thousand dollars. For the same quantity, produced in the first, second, and third succeeding years, six hundred dollars, four hundred dollars, and two hundred dollars, respectively.

For the first ten bales of raw silk, of one hundred pounds each, two thousand dollars. For the first one hundred bales of raw silk, of one hundred pounds each, five thousand dollars.

For the first one thousand pieces of cotton drilling, of forty yards each, two thousand dollars. For the first one thousand bales of cotton drilling, of sixteen hundred yards each, four thousand dollars.

For the first one thousand pieces of burlap, of forty yards each, suitable for grain

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