АСТ 4363.

An act to provide for the location of tow-paths along the banks of navigable streams.

[Approved April 1, 1872. Stats. 1871-2, p. 940.]

Authority given.

Section 1. The board of supervisors of each county in the state may, when public convenience for the purpose of commerce requires it, cause to be located and opened a tow-path, not exceeding ten feet in width, along the bank or banks of any navigable stream within the county.

Viewers.

Sec. 2. In order to locate and open such tow-path, the same proceedings in regard to petition, viewers, etc., shall be taken as are now by law required to be taken in the respective counties of this state for the purpose of locating and opening public roads and highways.

Water frontage.

Sec. 3. The owner or owners of any land over which a tow-path shall be located and opened shall not be deprived of the water frontage nor of the free use and enjoyment of any land so located, subject only to the right of the public to use the same for the purposes of commerce.

Fences.

Sec. 4. It shall not be necessary to construct or main. tain fences on either side of any tow-path so located, but the board of supervisors may make all necessary rules and regulations for the government and management of towpaths, and may provide for the erection of gates thereon and for the full and complete protection of the property through which the same passes.

Sec. 5. This act shall take effect from and after its passage.

АСТ 4364.

An act to provide for the appointment of an examining commission on rivers and harbors, defining their duties and powers, and prescribing their compensation.

[Approved March 19, 1889. Stats. 1889, p. 420.]

Appointment of engineers.

Section 1. The governor of the state, within thirty days after the passage of this act, shall appoint three competent

engineers in good standing in their profession, to be known and called the examining commission on rivers and harbors. The persons so appointed shall hold office until the first day of January, eighteen hundred and ninety-one. In case any vacancy may arise in such commission from any cause, the governor shall immediately fill such vacancy by appointment.

Oath of office.

Sec. 2. Each of said commissioners shall, before entering upon the discharge of his duties, take and subscribe an oath of office. The said commission shall organize by electing a president and secretary.

Duty of commission.

Sec. 3. The said commission shall make a full and careful examination into the condition of the Sacramento and San Joaquin rivers, and such other rivers and streams as they may select for that purpose. They shall determine what steps are necessary for the rectification and improvement of such rivers and streams, and shall make, or cause to be made, all such necessary and proper surveys, examinations, maps, designs, drawings, estimates, specifications, and exhibits as will enable the congress of the United States to clearly understand the condition of such rivers, and the cost and expense of properly rectifying and improving the same. The said commission shall, whenever requested by the governor, also make an examination for a similar purpose into such harbors as they may be so required to examine. Said commission shall have power to employ such persons at such compensation as they may deem proper, as surveyors or assistants in any of the work herein above specified.

Report of.

Sec. 4. The said commission shall make a full report on or before the first day of October, eighteen hundred and ninety, to the governor, on the matters herein specified, which said report shall be in such form and contain such calculations, specifications, and estimates as that it may be to congress as the basis of an appropriation by congress for the improvement of the Sacramento and San Joaquin rivers, and other navigable streams of the state, and of such bays and harbors as may have been examined by said commission as herein provided. The superintendent of state printing shall print and publish as many copies of

said report and exhibits as may be ordered by the gov

ernor.

Salaries.

Sec. 5. Each member of the said commission shall re ceive a salary of two thousand four hundred dollars per an num, payable monthly, and his traveling expenses while engaged in the performance of official duties. Said salary and expenses to be paid out of any money in the state treas ury not otherwise appropriated.

Sec. 6. This act shall take effect and be in force from and after its passage.

ACT 4365.

To create a board of commissioners and the office of over seer to regulate watercourses. [Stats. 1854, p. 76.]

Amended 1857, 29; 1860, 335; 1861, 31; 1862, 235..

Cal. Rep. Cit. 69, 362; 69, 367; 70, 191; 70, 192,

Applies only to Contra Costa, Colusa, Los Angeles, Napa, San Ber nardino, San Diego, Santa Barbara, Solano, and Tulare counties.

ACT 4366.

Board of water commissioners for Merced County. [Stats. 1860, p. 182.]

ACT 4367. To provide for the joint investigation with the federal government of the water resources of the state, and of the best methods of preserving the forests thereof; and making an appropriation for the expenses of such investigations. [Approved March 16, 1903. Stats. 1903, p. 171.]

ACT 4370.

TITLE 534.

WATSONVILLE.

Charter of. [Stats. 1903, p. 647.]

Cal. Rep. Cit. 143, 472.

ACT 4371.

Incorporating Watsonville. [Stats. 1867-8, p. 688.]

Amended 1873-4, 43;

1875-6, 511; 1877-8, 363. Superseded by incor

porating, in 1889, under the statute of 1883.

ACT 4376.

TITLE 535

WEAVERVILLE.

Weaverville, preventing hogs and goats running at large in. [Stats. 1877-8, p. 33.]

Repealed by estray law, 1897, 198.

TITLE 536.

АСТ 4381.

WEIGHTS AND MEASURES.

To establish a standard of weights and measures. [Stats. 1861, p. 86.]

Amended 1861, 346; 1863, 737. Superseded by Political Code, seca.

8209-3223.

ACT 4382.

To establish a standard of weights and measures. [Stats. 1891, p. 487.]

"Of doubtful constitutionality, and has never been acted under. (Condict v. Police Court, 59 Cal. 278; sec. 14, art. XI, State Const.; subd. 5, sec. 8, art. I, Const. of U. S.)"-Code Commissioners' Note.

АСТ 4383.

An act relating to weights and weighers for warehousemen and wharfingers, and matters connected therewith. [Approved March 24, 1903. Stats. 1903, p. 387.]

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

Section 1. All persons now engaged in or who may hereafter engage in a general warehouse, wharfinger or storage business for the storage of grain or other commodities, which in the course of such business are weighed, shall, before they engage in such business, or within sixty days after the appointment of an inspector of weights as provided in section four of this act, designate in writing a person or persons as weigher or weighers for such business at the place thereof, and the person or persons so designated shall thereupon, and before they shall do any weighing for such business subscribe, before an officer authorized to administer oaths, the following oath, to wit:

"(I or we) designated as (weigher or weighers) will correctly weigh all grain or other commodities brought to (here designating the business and place of business) for storage or weighing, or which may be taken out from

the same, and in all cases render to the person bringing or receiving the same, as the case may be, upon demand, a full, true and correct account of the weight thereof."

Sec. 2. All persons engaged in the business in the foregoing section mentioned shall keep for and use in such business no other than true and correct scales and weights.

Said designation and said oath shall thereupon and with in the time aforesaid, be recorded in the office of the reeorder of the county in which such business is to be or is being carried on.

No person, excepting the person or persons thus desig nated and subscribing and recording such oath shall do any of the weighing of such business.

Sec. 3. Every person engaged in the business in said section one mentioned, shall keep and use therein none but true weights, and scales; said weights must conform to the United States standard of weights.

Sec. 4. The board of supervisors of the respective coun ties of the state of California, hereby are authorized to appoint for their respective counties an inspector of weights and measures, who shall hold office at the pleasure of said board and receive such compensation as each board may allow, and whose duty it shall be from time to time to test and examine all scales and weights kept or used in the business in the foregoing sections mentioned, and report all violations of this act to the district attorney of such county, whose duty it shall be to prosecute all viola

tions hereof.

Sec. 5. Every violation of this act shall be and is pun-ishable as a misdemeanor.

Sec. 6. Besides the prosecution of the criminal actions herein provided for, every person defrauded by false or incorrect weighing shall be entitled to recover from the person owning or conducting such business as in the foregoing sections mentioned, in any court of competent jurisdiction, three times the amount of such shortage in weight of the grain or other commodity so delivered or taken out by him.