ary shall be twenty-five dollars per month. In counties of the eighteenth class there shall be four assistant probation officers whose salaries shall be twenty-five dollars per month each. In counties of the twenty-third class there shall be one assistant probation officer whose salary shall be fifty dollars per month. In counties of the twenty-sixth class there shall be one assistant probation officer, whose salary shall be sixty dollars per month; provided, that in counties of the twelfth class the probation officer shall, as a part of his duties, and without any additional compensation, except his necessary expenses, do all necessary work that the board of supervisors of said county may designate or require, in looking after the indigent and poor of said county. [Amendment approved May 28, 1917; Stats. 1917, p. 1023.]

§ 19k. Eleventh, etc., classes. In each of the counties of the eleventh, fourteenth and thirtieth class there shall be one probation officer whose salary shall be one hundred twenty-five dollars per month; provided, that in the counties of the eleventh class there shall be an assistant probation officer, whose salary shall be seventy-five dollars per month; and provided, that in counties of the fourteenth class there shall be an assistant probation officer, whose salary shall be fifty dollars per month; and provided, further, that in counties of the thirteenth class the probation officer shall, as a part of his duties, and without any additional compensation, except his necessary expenses, do all necessary work that the board of supervisors of said county may designate or require, in looking after the indigent and poor of said county. [Amendment approved May 28, 1917; Stats. 1917, p. 1024.]

§ 19 1. Thirty-second class. In each of the counties of the thirtysecond class there shall be one probation officer, whose salary shall be seventy-five dollars per month. [Amendment approved May 28, 1917;

Stats. 1917, p. 1024.]

§ 19 11. Twentieth class. In each of the counties of the twentieth class there shall be one probation officer, whose salary shall be one hundred dollars per month. [New section added May 28, 1917; Stats. 1917, p. 1024.]

§ 19m. Thirty-ninth, etc., classes. In each of the counties of the thirty-ninth, fortieth and forty-second classes, there shall be one probation officer whose salary shall be fifty dollars per month. [Amendment approved May 28, 1917; Stats. 1917, p. 1024.]

§ 19mm. Twenty-first class. In each of the counties of the twentyfirst class there shall be one probation officer, whose salary shall be sixtyfive dollars per month. [New section added May 28, 1917; Stats. 1917, p. 1024.]

§ 19nn. Forty-third class. In each of the counties of the forty-third class there shall be one probation officer, whose salary shall be fifty dollars per month. [New section added May 28, 1917; Stats. 1917, p. 1024.]

§ 190. Twenty-fifth class. In counties of the twenty-fifth class there shall be one probation officer whose salary shall be one hundred fifty

dollars per month, and one assistant probation officer whose salary shall be seventy-five dollars per month. [Amendment approved May 28, 1917; Stats. 1917, p. 1025.]

TITLE 276a.
KELP.

ACT 1782.

An act to regulate the taking and harvesting of kelp and other aquatic plants of the state of California by recognizing and declaring their ownership in the state of California and providing for the control thereof by the fish and game commissioners, and providing for a license tax upon all persons, firms or corporations engaged in the industry of taking or harvesting kelp or other aquatic plants, and providing for the collection and disbursement of the revenues derived therefrom, and providing for a privilege tax upon all kelp taken in the waters of this state, and providing for the protection of kelpbeds, and for the manner of taking kelp and other aquatic plants, and providing for hearings by the fish and game commissioners, and providing penalties for the violation of this act.

[Approved May 18, 1917. Stats. 1917, p. 646. In effect July 27, 1917.]

§ 1. Kelp state property. All kelp and other aquatic plants in the waters of the state are hereby declared to be the property of the state of California.

§ 2. Powers of board of fish and game commissioners. The board of fish and game commissioners of the state of California are hereby empowered to carry out the provisions of this act, and to make proper rules and regulations for the taking and harvesting of kelp, and the conservation of kelp and aquatic plants, and to see that the laws, rules and regulations with reference thereto are strictly enforced, and to issue all licenses herein provided for, and collect the fees therefor, and to collect all moneys due or to become due under this act.

§ 3. License to harvest kelp. Every person, firm or corporation, desiring to engage in taking or harvesting kelp or other aquatic plants for profit in the waters of this state must first obtain a license before engaging in such occupation.

§ 4. Term. Fee. Privilege tax. Licenses granting tue privilege to take or harvest kelp in this state shall be issued and delivered upon application by the state board of fish and game commissioners, who shall prepare suitable licenses, which shall license the holder of such license to take or harvest kelp or other aquatic plants in this state for the term of one year from the date of the issuance of such license. All licenses shall be numbered consecutively, and shall contain blanks for the name of the licensee, and place of business, which information shall be furnished by the applicant to the board of fish and game commissioners. The license herein provided for shall be issued to such applicant upon payment of ten dollars and before such license is delivered to the applicant said license must be countersigned by the president of the board of fish and

game commissioners, and in addition to such license fee every person, firm or corporation taking or harvesting kelp shall pay a privilege tax of one and one-half cents per ton of wet kelp taken or harvested.

§ 5. Record of kelp harvested. Every person, firm or corporation engaged in taking or harvesting kelp in the waters of this state shall cause to be weighed, all wet kelp immediately after said kelp shall be delivered to the place of business designated in said license, and the weight thereof shall be entered in a book, or books, to be kept by said person, firm or corporation, said book or books to be open at all times to the inspection of the board of fish and game commissioners, or any of its deputies; every person, firm or corporation engaged in taking or harvesting kelp shall on or before the tenth day after the last day of each month during the term of said license, render a statement of the weight of all wet kelp ent or harvested during the preceding month, and pay to the board of fish and game commissioners, the privilege tax herein provided for.

§ 6. Notice of closing kelp-beds. Hearing. Complaint. Answer. Evidence. Witness' fees. Powers of superior court. Failure of witnesses to obey subpoenas. Depositions of witnesses. If at any time the taking or harvesting of kelp will tend to destroy or impair any kelp bed or beds or parts thereof, or shall tend to impair or destroy the supply of any food for game fish, said fish and game commission shall cause to be served on every person, firm or corporation, licensed to take or harvest kelp in the waters of this state, a notice in writing that said kelp bed or beds or parts thereof shall be closed to the taking or harvesting of kelp for a period not to exceed one year. Within ten days after the service upon any person, firm or corporation licensed to take or harvest kelp under the provisions of this act, of a notice that any kelp-bed or beds or parts thereof are closed to the taking or harvesting of kelp, said person, firm or corporation engaged in taking or harvesting kelp shall on making such order, by serving on the board of fish and game commissioners a demand to be heard upon the necessity for closing said kelp bed or beds or parts thereof for the taking or harvesting of kelp, and upon such demand for a hearing, said board of fish and game commissioners shall fix a time and place for the taking of evidence upon the necessity of closing said bed or beds or parts thereof, which time shall be not less than ten days nor more than thirty days from the date of such demand for a hearing, and said fish and game commission shall cause notices in writing of said time and place to be served upon the party or parties making a demand for said hearing at least ten days before the day set for the hearing, and if no demand is made for a hearing within the time prescribed herein, said kelp bed or beds or parts thereof shall remain closed to the taking or harvesting of kelp for the time mentioned in said order.

Complaint may be made by the commission or any of its deputies against any person, firm or corporation licensed to cut or harvest kelp in the waters of this state for any violation of the laws of this state, or any rules or regulations made by the board of fish and game commissioners for the taking or harvesting of kelp. Said complaints shall be made in writing, setting forth the particular offense charged to have been committed by said person, firm or corporation, a copy of which shall be

filed with the board of fish and game commissioners and a copy of the same served upon the person, firm or corporation so charged. Said person, firm or corporation must appear or file an answer within five days from the date of service of a copy of said complaint, and if default be made, the board of fish and game commissioners shall issue an order revoking said license for the period hereinafter prescribed in this act, and said board of fish and game commissioners shall fix a time and place for the hearing of said charges, not less than ten days nor more than thirty days from the filing of said charges, and if the party accused appears and answers, a day may be fixed within the time prescribed in this act to take testimony. The evidence in any investigation, inquiry or hearing upon the necessity for closing any kelp bed or beds or parts thereof and the evidence in any hearing. upon any charges made against any person, firm or corporation for violating any of the laws of the state of California for the preservation of kelp, or of the rules and regulations of the board of fish and game commissioners regulating the taking and harvesting and handling of kelp provided for in this section may be taken by any member of the board of fish and game commissioners, or such deputy fish and game commissioner or employee as the board may designate to take such evidence; and each member of the board and any of its deputies or employees designated to take evidence at the hearing provided hereby shall have the power to administer oaths, take affidavits and issue subpoenas for the attendance of witnesses at such hearing. Each witness legally subpoenaed attending a hearing shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpoenaed. The superior court in and for the county or city and county in which any inquiry, investigation, hearing or proceeding may be held under authority of this section, shall have power to compel the attendance of witnesses, the giving of testimony and the production of papers, as required by any subpoena issued under authority of this section.

The commission or representative of the commission before whom the testimony is to be given or produced may in the case of refusal of any witness to attend, or testify or produce any papers required by such subpoena, report to the superior court in and for the county or city and county in which the proceeding is pending by petition setting forth that due notice has been given of the time and place of the attendance of said witness or the production of said papers and that the witness has been summoned in the manner prescribed in this act and that the witness has failed and refused to attend or produce the papers required by the subpoena before the commission or its representatives, in the case or proceeding named in the notice of time and place of hearing and subpoena, or has refused to answer questions propounded to him in the course of said proceeding, and ask an order of said court to compel the witness to attend and testify or produce said papers before the commission or its representatives.

The court upon the petition of the commission or its representatives, shall enter an order directing the witness to appear before the court at any time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there

show cause why he has not attended and testified or produced said papers before the commission or its representative. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the commission or its representative the court shall thereupon enter an order that said witness shall appear before the commission or its representatives at the time and place entered in said order, and testify or produce the required papers, and upon failure to obey said order said witness shall be dealt with as for contempt of court.

The commission or its representatives, or any party designated by the fish and game commission may, in any investigation or hearing before the commission, or its representatives, cause the deposition of witnesses, residing within or without the state, to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state, and to that end may compel the attendance of witnesses and the production of documents and papers.

§ 7. Revocation of license. If any person, firm or corporation, taking or harvesting kelp from any bed or beds or parts thereof, after service of a notice that said bed or beds or parts thereof are closed to the tak ing or harvesting of kelp, takes or harvests any kelp between the time of the service of said notice and the decision of the board of fish and game commissioners upon the hearing for the necessity for closing said kelp bed or beds or parts thereof, his license may be revoked for a period not to exceed one year.

§ 8. Revocation of license. If any person, firm or corporation, licensed to take or harvest kelp in the waters of this state shall violate any of the laws of the state of California, regulating the taking and harvesting of kelp, or any rule or regulation of the board of fish and game commis sioners regarding the taking or harvesting of kelp, said board of fish and game commissioners may, after a hearing, as provided herein, revoke said license and withhold the issuance of a new license to any such person, firm or corporation for a period not to exceed one year thereafter.

§ 9. Penalty. Fines paid in part to "state university fund." Every person, firm or corporation, who takes or harvests kelp or other aquatic plants for profit in this state, without first obtaining a license therefor, is guilty of a misdemeanor and upon conviction shall me punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail, in the county in which conviction shall be had for not less than fifty days nor more than one hundred and fifty days, or by both such fine and imprisonment.

All fines and forfeitures collected for any violation of this act and all license fees and two-thirds of the moneys collected from the privilege tax under this act must be paid into the state treasury to the credit of the fish and game preservation fund and one-third of the moneys collected from the privilege tax under this act must be paid into the state treasury to the credit of the "state university fund." The amount so paid to the "state university fund" in accordance with the direction of this section, is hereby appropriated to be expended annually in accordance with law by the Scripps Institute for Biological Research.