as to enable such director to perform his duties as herein provided.

Sec. 8. The director shall receive a salary of eighteen hundred dollars ($1800) per annum, to be paid in the same manner and out of the same fund as state officers are paid. The state board of prison directors is hereby directed to provide office room and furniture, stationery and necessary lerical assistance, and all other things which in their judgment are necessary to properly conduct said bureau, to be paid for pro rata out of the current expense funds of the penal institutions under the control of such prison directors.

ACT 864.

To abolish public executions. [Stats. 1858, 192.]

Superseded by Penal Code, sec. 1229.

For the more effectual prevention of cruelty to animals. [Stats. 1867-8, 604.]

Continued in force, Penal Code, sec. 23; Political Code, sec. 19; but repealed by act of 1873-4, 502.

ACT 870.

Providing for the more effectual prevention of cruelty to animals. [Stats. 1871-2, p. 393.]

Repealed 1873-4, 502.

ACT 871.

For the more effectual prevention of cruelty to animals. [Stats. 1873-4, p. 499.]

Amended 1901, 285; 1903, 69.

Codified by amendments of 1905 of Code of Civil Procedure, Civil and Penal Codes. See note to § 1208, Code of Civil Procedure, note to § 607, Civil Code, and notes to §§ 597, 597a, 599a, 599b, 599d, Penal Code.

ACT 872.

An act to prohibit the use of the bristle bur, tack bur, or other like devices on horses or other animals in this state.

[Approved March 13, 1903. Stats. 1903, p. 139.]

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

Section 1. It shall be unlawful hereafter in this state for any one, owner, driver or other person, having the care, custody or control of any horse or other animal, to use what is known as the bristle bur, tack bur, or other like device, by whatsover name known or designated, on any said horse or other animal for any purpose whatsoever. Sec. 2. A violation of the provisions of this act shall be deemed a misdemeanor and any one found guilty thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred and fifty dollars, or by imprisonment in the county jail not less than ten nor more than one hundred and seventy-five days, or may be punished by both such fine and imprisonment.

Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its passage.

CRUELTY TO CHILDREN.

See title Infancy, post.

TITLE 122.
DAIRIES.

АСТ 876.

An act to prevent the sale of dairy products from unhealthy animals and produced under unsanitary conditions; to provide for the inspection of dairy stock, dairies, factories for the production of dairy products and places where dairy products are handled and sold; to improve the quality of dairy prducts of the state; to prevent deception in the sale of dairy products and to appropriate money for enforcing its provisions.

[Approved March 20, 1905. Stats. 1905, p. 462.]

Section 1. No person or persons, firms or corporations, by themselves or their agents or employés, shall sell, expose for sale or offer for sale, or exchange, present or deliver to any creamery, cheese factory, milk condensing factory, or any other buyer or consumer, any unclean, unwholesome, stale, impure milk, cream, butter, condensed or evaporated milk or other article produced from such milk or cream. Neither shall any

person or persons, firms or corporations, by themselves or their agents or employés, sell, expose for sale, or offer for sale, or exchange, present or deliver to any consumer, creamery, cheese factory, milk condensing factory, or any other buyer or con sumer, any milk, cream, butter, cheese, condensed milk or other products manufactured therefrom, which has been producel in or by a dairy, or factory of dairy products, or that is, or has been, handled in any store or depot that is in an unsanitary condition, or that is produced from cows affected by any disease or from cows within five days after or fifteen days preceding parturition.

Sec. 2. A dairy shall be deemed unsanitary under the meaning of this act when, among other causes that render milk, or products made therefrom, unclean, unwholesome, impure, and unhealthy.

(b) If the drinking water is stagnant, polluted with manure, urine, drainage, decaying vegetable or animal matter.

(e) If the yards or enclosures are filthy or unsanitary, or if any part of such yards or enclosures, other than pastures, are made the depositories of manure in heaps or otherwise where it is allowed to ferment and decay.

If the walls become soiled with manure, urine or other filth. (g) If to the interior of cattle stables, barns or milking sheds an application of lime whitewash is not made at least once in two years, or if the managers, or other receptacles from which cows are fed, decaying food or other material is allowed to accumulate.

(i) If the pails, cans, bottles or other containers of milk, or its products, strainers, coolers or other utensils coming in contaet with milk or its products are not sterilized by boiling water or superheated steam each and every time the same are nsed.

(j) If the person or wearing apparel of the dairyman, his employés, or other persons, who come in contact with milk and its products are soiled or not washed from time to time.

Sec. 3. A creamery or any factory of dairy products or any store, depot or other place where milk is handled or kept for sale shall be deemed unsanitary under the meaning of this act when, among other causes that render milk, or products made therefrom, unclean, unwholesome, impure, stale or of low grade or inferior quality.

(a) If milk or cream is received that has reached an advanced stage of fermentation, or that shows a state of putrefactive fermentation, or if it is received in cans or other con

tainers that have not been sterilized by means of boiling water or superheated steam after each delivery.

(b) If the utensils and apparatus that comes in contact with milk or its products in process of manufacture are not thoroughly washed and sterilized by means of boiling water or superheated steam.

(c) If the floor is so constructed that permits the flowing or soaking of water, milk or other liquids underneath or among the interstices of such floor where fermentation and decay may take place, or if such floor may not be readily kept free from dirt.

(d) If drains are not provided that will convey refuse milk, · water and sewage at least fifty yards from such creamery or factory of dairy products, or if any cesspool, privy vault, hog yard, slaughter-house, manure or any decaying vegetables or animal matter shall be within a distance that will permit foul odors from reaching any creamery or other factory of dairy products or store or depot where milk or its products is sold or handled.

(e) If such creamery or factory of dairy products does not permit access of light and air sufficient to secure good ventilation.

(f) If any building or buildings used in connection with any creamery, or factory of dairy products, any insects or other species of animal life are permitted, or if upon the floor, the sides and walls any milk or its products, or if any other filth is allowed to accumulate and ferment and decay, or if the bodies or wearing apparel of persons employed, or coming in contact with any milk or its products in any creamery, or factory of any dairy products, shall be unclean and not washed from time to time.

Sec. 4. No person or persons, firms or corporations, by themselves or their agents or employés, shall sell, expose for sale, or exchange, present or deliver to any creamery, cheese factory, milk condensing factory, ice cream producer, or any other buyer, or consumer, any milk, or any product manufactured or prepared therefrom, to which any compound containing salicylic acid, formaldehyde, coloring matter or any other chemical or preparation other than common salt, or sodium chloride, shall have been added with intent to prevent fermentation, or to change the color (in case of milk and cream); provided, that such person or persons, firms or corporations or their agents or employés may use preparations of boron to prevent fermentation in milk or its products, but whenever any preparation of boron is used for such purpose, each and every package or con

tainer of milk or its products shall have plainly marked thereon, the fact that it contains such preparation of baron. Neither shall any gelatine, or other substance, be added to milk or cream with intent to increase its viscosity or otherwise cause it to appear better in quality than it is, except each and every package and container of such milk or cream shall have marked thereon in a manner, or be accompanied by a statement, to be prescribed by the state dairy bureau, showing the nature of the substance added; provided, that this section shall not be construed to prevent the use of harmless coloring matter in butter, ice cream or confectionery into which milk or its products enter.

Sec. 5. No person or persons, firms or corporations, by themselves or their agents or employés, shall manufacture for sale, offer for sale, expose for sale, or have in his or their possession for sale, any package of butter upon which, or upon the wrapper or container of which, there shall be printed, or otherwise marked, the word pasteurize or any of its derivatives unless in the process of the manufacture of the butter contained therein either the milk or cream from which the same was made shall have been exposed to a temperature exceeding one hundred and fifty degrees Fahrenheit.

Sec. 6. In case any butter is sold or offered for sale in a package or wrapper purporting to designate the producer of such butter, such producer must be correctly designated; ani if under a label purporting or calculated to designate the place of production, specifying county and state, must be correctly designated. No person, firm or corporation shall put up in package or wrapper or otherwise prepare for shipment or sale any butter under label purporting to designate the producer or place of production, except in accordance with the provisions berein; nor shall any person sell or offer for sale any butter in a package or wrapper purporting to designate the name of the producer or the place of production except in accordance with the provisions herein.

Sec. 7. It shall be the duty of the state dairy bureau, now existing under the laws of this state, to carry out and enforce the provisions of this act, and it is authorized and directed under this act out of the money appropriated as provided herein, to employ such assistant agents as inspectors as it may deem necessary and to fix their compensation not to exceed $4.00 per day, exclusive of their necessary and actual expenses, such expenses to be itemized and rendered under oath, or $100.00 per month exclusive of their necessary and actual expenses. Such agents shall have had experience in the manufacture of dairy