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[Health officer appointed.] Every such board or council or other legislative body shall appoint a health officer who shall receive for his services such compensation as may be determined by said appointing body and shall hold office at its pleasure. Immediately after the appointment of the health officer the board or council shall notify the secretary of the state board of health of the appointment and the name and address of the appointee.

[Duties.] Each health officer of an incorporated city or town must: First. Enforce and observe

(a) All orders and ordinances of the board of trustees or council of his city or town pertaining to health and sanitary matters.

(b) All orders, quarantine regulations and rules prescribed by the state board of health.

(c) All statutes relating to the public health and to vital statistics.

Second. Report to the secretary of the state board of health at Sacramento at such times as the state board may require:

(a) The sanitary condition of his locality.

(b) The number of deaths, with the cause of each, as near as can be ascertained, within his jurisdiction during the preceding month.

(c) The presence of epidemic or other dangerous, contagious, or infectious diseases and such other matters within his knowledge or jurisdiction as the state board may require.

History: Enacted March 12, 1872; amended March 19, 1878, Code Amdts. 1877-8, p. 59; April 24, 1917, Stats, and Amdts. 1917, p. 172. In effect July 27, 1917.

$ 3062. APPOINTMENT OF HEALTH OFFICER IN LIEU OF BOARD [repealed].

History: Enacted March 12, 1872; amended March 1, 1889, Stats. and Amdts. 1889, p. 43; repealed April 19, 1917, Stats. and Amdts, 1917, p. 144. In effect July 27, 1917.

$ 3064. SALARY OF BOARD OF HEALTH OFFICERS. The board of supervisors must fix the salary or compensation of health officers, and provide for the expenses of enforcing the provisions of this article.

[Failure to provide health officer.] If the board of supervisors or board of trustees, council, or other corresponding board of any incorporated town, neglects to provide a health officer by the first day of July, eighteen hundred and eighty-seven, the state board of health may direct the district attorney of the county to begin an action against such board of supervisors, or board of trustees, or corresponding board, to compel the performance of their duty, or may appoint a health officer for such town or city, and the expenses of such health officer shall be a charge against the incorporated city or town for which such appointment shall be made; and when the appointment is made for unincorporated towns, the expenses of the health officer are a charge against the county.

History: Enactment approved March 1, 1889, Stats, and Amdts. 1889, p. 43; amended April 24, 1917, Stats, and Amdts, 1917, p. 173. In effect July 27, 1917.

CHAPTER III.

REGISTRY OF BIRTHS, MARRIAGES AND DEATHS.

$ 3074. Bureau of vital statistics.

§ 3075. Employees of state board of health. Salary. 8 3074. BUREAU OF VITAL STATISTICS. The state board of health shall maintain, at the city of Sacramento, a bureau of vital statistics for the complete

and proper registration of births, marriages and deaths, for legal, sanitary and statistical purposes, which bureau shall be under the supervision of the state registrar of vital statistics.

[Duty of state registrar.] The duty of the state registrar of vital statistics shall be to promulgate and enforce all rules and regulations required to carry out the provisions of this chapter and that may be adopted from time to time by the state board of health.

History: Enacted March 12, 1872; amended March 16, 1878, Code
Amdts. 1877-8, p. 60; March 18, 1905, Stats. and Amdts. 1905, p. 103;
April 5, 1917, Stats. and Amdts. 1917, p. 41. In effect July 27, 1917.

8 3075. EMPLOYEES OF STATE BOARD OF HEALTH. SALARY. There shall be a clerk of the state board of health who shall receive an annual salary of one thousand six hundred dollars, such salary to be paid in the same manner and at the same time as salaries of state officers.

[Additional assistants; compensation.] The state board of health may employ and fix the compensation of other additional clerical and professional assistants, but such compensation shall be paid from its fund for contingent expenses provided for in the general appropriation act.

History: Enacted March 12, 1872; amended March 18, 1905, Stats. and Amdts. 1905, p. 104; March 4, 1907, Stats, and Amdts. 1907, p. 91, Kerr's Stats. and Amdts. 1906-7, p. 163; March 9, 1909, Stats, and Amdts. 1909, p. 232 (amendment became a law, under a provision of the constitution, without the governor's sanction). May 1, 1911, Stats. and Amdts. 1911, p. 1261; May 14, 1917, Stats. and Amdts. 1917, p. 436. In effect July 27, 1917.

CHAPTER XV.

LICENSES.

ARTICLE I.

GENERAL PROVISIONS.
$ 3366. License-tax, upon whom may be imposed.

8 3366. LICENSE-TAX, UPON WHOM MAY BE IMPOSED. Boards of supervisors of the counties of the state, and the legislative bodies of the incorporated cities and towns therein, shall, in the exercise of their police powers, and for the purpose of regulation, as herein provided, and not otherwise, have power to license all and every kind of business not probibited by law, and transacted and carried on within the limits of their respective jurisdictions, and all shows, exhibitions and lawful games carried on therein, to fix the rates of license-tax upon the same, and to provide for the collection of the same by suit or otherwise; provided, that every honorably discharged soldier, sailor, or marine of the United States or confederate states who has served in the Civil War, any Indian War, the Spanish-American War, any Philippine insurrection or in the Chinese relief expedition, who is physically unable to obtain a livelihood by manual labor, and who shall be a qualified elector of the State of California, shall have the right to distribute circulars, and to hawk, peddle, and vend any goods, wares or merchandise, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license-tax or fee whatsoever, whether municipal, county or state, and the board of supervisors or legislative body shall issue to such soldier, sailor or marine, without cost, a license therefor; provided, however, no license can be collected or any penalty for the nonpayment thereof enforced against any commercial traveler whose business is limited to the goods, wares, and merchandise sold or dealt in in this state at wholesale.

Sec. 2. [Legislative construction. This act shall not be deemed to repeal any act vesting municipal corporations with power to license for revenue purposes.

History: Enactment approved March 23, 1901, Stats. and Amdts. 1900-1, p. 635; amended May 21, 1915, Stats. and Amdts. 1915, p. 723; May 5, 1917, Stats, and Amdts. 1917, p. 279. In effect July 27, 1917.

§ 3384.

the surveyor-general to purchase swamp

and overflow lands and he refers the contest 1. In general. — Hawkers and peddlers

to the superior court for determination of may be placed in a class by themselves for

their respective rights to purchase, the prolicense purposes.--Ex parte Gilstrap, 171 Cal. 108, 152 Pac. 42.

visions of this and $$ 3415, 3416, 3417 apply,

and $ 3443 is not applicable. McLaughlin v. 2. -Purpose of act.The occupation of Woolley, 28 Cal. App. 303, 151 Pac. 1164. hawkers and peddlers is one which from

3. What adjudicated in contest.-A conearly times has been deemed a proper sub

test under this section does not estop the ject for special legislative control and re

state from claiming and showing that the striction, particularly in cities. The primary

land was reserved or that it was and is purpose for regulating this occupation should

dedicated to public use. The judgment in be to protect the public from imposition

such a contest merely determines which from dishonest traders. It is probable, how

if either of the claimants is a qualified ever, that most regulations find their im

purchaser (not whether the law authorizes pulse in the demands of established shop

a sale of the particular land, but which keepers for protection from competition with

has the better right), and that the one found hawkers and peddlers. So that it may be

to be qualified and having the prior claim said that the purpose of regulating the

is entitled to purchase. The state is not occupation of peddling is to protect, on the

a party and public rights are not adjudione hand, fair traders, especially established

cated or concluded. — People v. California storekeepers residing permanently in cities

Fish Co., 166 Cal. 576, 138 Pac. 79. and towns and there paying rent and taxes for the local privilege, from being undersold

§ 3416. by itinerant persons, and, on the other hand, to guard the public from fraud and imposi

1. Construction.This section and $ 3417 tion not infrequently practiced by such

apply to proceedings for the purchase of traders who have no known residence or

swamp and overflowed lands.—McLaughlin responsibility.-Ex parte Gilstrap, 171 Cal.

v. Woolley, 28 Cal. App. 303, 151 Pac. 1164. 108, 152 Pac. 42.

8 3417. $ 3406a.

1. Construction.—This section and $3416 1. Construction. It can not be held that apply to proceedings for the purchase of the title of the state should be decreed

decrees swamp and overflowed lands.-McLaughlin v. to have vested in the United States at the

Woolley, 28 Cal. App. 303, 151 Pac. 1164. date of the state's listing, because the state 2. What limitation as to time applicable.laws nowhere contemplate a gift to the Where two parties make application to the United States of any of these lands. Our surveyor-general to purchase swamp and law contemplates an exchange for equiva overflow lands, and he refers the contest lent lands, and it can not be held that an to the superior court for determination of unauthorized acceptance by the United States their respective rights to purchase, the limland department of such listing by the state itation as to time referred to in this section with no further act on the part of the is applicable and not that fixed in $ 3443.United States can operate to divest or even McLaughlin v. Woolley, 28 Cal. App. 303, 151 to impair the title of the state.-Deseret Pac. 1164. Water, O. & I. Co. v. California, 167 Cal. 147, 138 Pac. 981.

§ 3440.

1. Estate granted a defeasible one.,A $ 3408b.

sale and grant made under the provisions 1. Construction.—The prohibition of the of the Political Code, $$ 3440 to 3493 12, inclusale of state lands lying within a national sive, conveys to the grantee only a subordiforest reservation does not affect the power nate estate in the property, subject to the of a corporation entitled to exercise the public uses of navigation and fishery, and power of eminent domain to condemn such the state may, at any time, take such propland according to section 1240, subd. 2, of the erty for the purposes of navigation and Code of Civil Procedure.-Pacific Power Co. fishery, notwithstanding such grant.-Knudv. State, 32 Cal. App. 175, 162 Pac. 643.

son v. Kearney, 171 Cal. 251, 152 Pac. 541.

2. -Purpose of statute.-Sections of the $ 3414.

Political Code referred to were obviously not 1. Contest-Construction.-The contest re- made in pursuance of any plan for the disferred to herein is one where two or more position of tide lands considered unnecessary applicants claim the same land.-McLaughlin for purposes of navigation, or which it was v. Woolley, 28 Cal. App. 303, 151 Pac. 1164. deemed wise to sell in aid of navigation, 2. Where two parties make application to but were only incidental to the scheme

. of the state to sell its swamp lands and other lands suitable for cultivation to private persons, and they were not enacted in the administration of the state's trust in tide lands for the purposes of navigation and commerce. — Knudson v. Kearney, 171 Cal. 251, 152 Pac. 541.

tained herein is only applicable to a suit brought where special questions are referred, and the provision for incorporating copies of affidavits in the complaint is only required when a reference of special questions is made under the provisions of this section.-McLaughlin v. Woolley, 28 Cal. App. 303, 151 Pac. 1164.

§ 3443.

1. Construction-When special questions are referred.—The thirty-day limitation con

ARTICLE II. SWAMP AND OVERFLOWED LAND, SALT MARSH, AND TIDELANDS. $ 3446. Reclamation districts. Petition for formation of. $ 3447. Verification of petition; publication of petition. $ 3449. Proceedings on approval of petition. $ 3452. By-laws for government of district. Filing with county recorder. Amendment. $ 3453. Board of trustees of reclamation district; election of. $ 3454. Same. Powers of. § 3455. Board of trustees to report plans to supervisors. 8 3456. Commissioners to assess charges for reclamation. $ 3457. Warrants, form of; interest; payment, etc. 8 3459. Additional assessments.

3460. Commissioners to make assessment-list. § 3462. List, how and where filed. § 3463. Lien acquired by filing list. List prima facie evidence. | 3465. Payments, how made. $ 3466. Collection of unpaid assessments in reclamation districts. $ 3467. Work of reclamation to be done under direction of trustees (repealed). $ 3468. Accounts to be kept open to inspection [repealed]. $ 3480. Reclamation district may issue bonds. Special election.

3446. RECLAMATION DISTRICTS. PETITION FOR FORMATION OF. Whenever the holders of title or evidence of title representing one-half or more of any body of swamp and overflowed, salt marsh, or tidelands, or other lands subject to flood or overflow, susceptible of one mode of reclamation, desire to reclaim the same, they may present to the board of supervisors of the county in which the lands, or the greater part thereof are situated, at a regular meeting of the board, a petition setting forth that they propose to form a district for the reclamation of the same. Said petition must also set forth the following:

(1) A description of the exterior boundaries of the proposed district.
(2) The total number of acres situate within the said exterior boundaries.

(3) The names of each and every owner of record of real property situate within the said exterior boundaries.

(4) The county or counties within which said proposed district lies, and if in more than one county, the number of acres of said district in each county.

History: Enacted March 12, 1872; amended March 30, 1874, Code
Amdts. 1873-4, p. 45; March 7, 1905, Stats. and Amdts. 1905, p. 70;
May 26, 1917, Stats, and Amdts. 1917, p. 1191. In effect July 27, 1917.

83447. VERIFICATION OF PETITION; PUBLICATION OF PETITION. The petition must be verified by the affidavit of one of the petitioners, and must be published for two weeks preceding the hearing thereof in some newspaper of general circulation published in the county in which the greater part of the lands are situated, together with a notice of the time when said petition will be presented to the board of supervisors; an affidavit of publication must be filed with such petition.

History: Enacted March 12, 1872; amended April 5, 1911, Stats, and Amdts. 1911, p. 639; May 26, 1917, Stats, and Amdts. 1917, p. 1191. In effect July 27, 1917.

8 3449. PROCEEDINGS ON APPROVAL OF PETITION. If the board of supervisors find, on the hearing of the, petition, that its statements are correct, they must make an order approving the same. If it is shown that any land has been improperly included in the proposed district, they must, in their order, exclude the same therefrom. If the board shall conclude that any lands susceptible of the same mode of reclamation have been improperly omitted from the proposed district, and the owners thereof shall not have appeared at such hearing, the board of supervisors shall by order continue the further hearing of the said petition, and direct that notice shall be given to all such nonappearing landowners, requiring them to appear before said board, and show cause, if any they have, why their land should not be included in the proposed district. Said notice must be given either by publication in the same manner as the original petition and for the same period or by personal service thereon of each such nonappearing landowner. If such notice be given by personal service, such service must be made at least three days prior to the date fixed for said further hearing. Proof of publication of the said notice or of any such personal service shall be filed with the clerk of said board on or before the day to which such continuance is had.

The board may grant further continuances, by order entered upon its minutes to the end that a full hearing may be had.

[Petition approved.] Upon the final hearing of said matter the board shall make an order approving the said petition, as originally presented, or in a modified form. Such order shall describe the exterior boundaries of the district, as determined by the board, and shall be indorsed upon or attached to the petition, and be signed by the chairman and attested by the clerk of the board.

History: Enacted March 12, 1872; amended March 30, 1874, Code
Amdts. 1873-4, p. 45; April 5, 1911, Stats. and Amdts. 1911, p. 639;
May 26, 1917, Stats. and Amdts. 1917, p. 1192. in effect July 27, 1917.

3452. BY-LAWS FOR GOVERNMENT OF DISTRICT. FILING WITH COUNTY RECORDER. AMENDMENT. The owners of land embraced in the district, or those owning a majority in acreage thereof, must adopt by-laws, not inconsistent with the laws of the state, for the government and control of the affairs of the district. The by-laws thus adopted must be signed by the holders of certificates of purchase, patents, or other evidences of title, representing a majority in acreage of the land embraced in the district, and must be by them filed for record with the county recorder of the county, and by him recorded in a book kept by him for the purpose of recording instruments and writings relating to reclamation. By-laws thus adopted may be amended at any time in the same manner that the original by-laws were adopted.

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History: Enacted March 12, 1872; amended March 30, 1874. Code
Amdts. 1873-4, p. 46; March 24, 1887, Stats, and Amdts, 1886-7, p. 238;
May 26, 1917, Stats. and Amdts. 1917, p. 1192. In effect July 27, 1917.

8 3453. BOARD OF TRUSTEES OF RECLAMATION DISTRICT; ELECTION OF. After the formation of the district and the adoption of by-laws the board of supervisors of the county where the greater part of the district is situated, on the application of any landowner of the district, must call an election in compliance with the provisions of section three thousand four hundred ninety-one of this code, at which election there must be elected under and in pursuance of the provisions of said section three thousand four hundred ninety-one, three eligible persons, each of

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