animals, and the compensation to be paid to the taker-up and the cost of the proceedings. Such compensation shall be estimated as follows: 1. The total amount paid by the taker-up to the county recorder. 2. The sum of fifteen cents per day for the keeping and care of each horse, mule, jenny, ass, cow, bull, ox, steer, or calf. 3. The sum of five cents per day for the care of each sheep, goat, hog, or other animal not hereinbefore specified. The sum of one dollar shall be paid to the justice of the peace, by the party or parties making such claim, for each claim made and entered by him as aforesaid, which shall be in full compensation for all services rendered by him in connection with each claim so made. Sec. 4. If the owner does not appear and claim the animal or animals taken up within thirty days after the filing of the notice hereinbefore mentioned, then the taker-up shall, in writing, notify a constable of the township in which said animal or animals are held, which notice shall specify that he has complied with all of the provisions of this act, and that the owner of said animal or animals has failed to appear and claim the same as herein provided, and that such animal or animals are held by him subject to sale. Said constable shall immediately proceed to sell such animal or animals at public sale, in conformity with the law concerning sales on execution, and shall be entitled to the same fees as are provided by law for sales under execution. Sec. 5. Out of the money realized for the sale of estrays, the constable shall first retain his fees; he shall then pay to the taker-up his costs and expenses estimated as provided in section three of this act, or so much thereof as the funds in his hands will permit, and the surplus, if any, he shall pay to the county treasurer, to be held by him for the owner of the estray or estrays, for which it was received in payment. If any person or persons shall, within one year thereafter, prove to the satisfaction of the board of supervisors of the county in which the estray or estrays were sold. that he or they are entitled to the sum so held by the county treasurer, or any part thereof, the said board of supervisors shall order such sum to be paid over to such person or persons; and if not so proven within one year, then the same shall become a part of the common school fund of said county. Sec. 6. All sales made by any constable, under the provisions of this act, shall convey a good and valid title to the purchaser, and the owner of the estray so sold shall thereafter be barred from all right to recover the same. Sec. 7. The taker-up of an estray animal or animals shall use reasonable care to preserve the same from injury, but if any estray animal or animals die or escape from the possession of the taker-up at any time before the expiration of the time specified in section three of this act, the taker-up shall not be held liable in any manner on account of such animal. Sec. 8. Nothing in this act shall affect the laws or regulations in force or which may be in force regarding estrays, the poundkeeper or other pound officer within the limits of any city or town where laws regarding estrays are in force. Sec. 9. All other acts and parts of acts relating to estrays now in force, are hereby repealed. Sec. 10. This act shall take effect from and after its passage. A reference to the former acts relating to Estrays can be found in Deering's Annotated Penal Code, p. 488, et seq. TITLE 81. EXPLOSIVES. An act to protect life and property against the careless and malicious use or handling of dynamite and other explosives. [Approved March 12, 1887; 1887, 110.] Keep record of sales. Section 1. It is the duty of each and every person, contractor, firm, association, joint stock com pany, and corporation, manufacturing, storing, selling, transferring, disposing of, or in any manner dealing in or with, or using or giving out, nitro-glycerine, dynamite, vigorite, hercules powder, giant powder, or other high explosive, by whatever name known, to keep at all times an accurate journal, or book of record, in which must be entered, from time to time, as they are made, each and every sale, delivery, transfer, gift, or other disposition made by such person, firm, association, joint stock company, or corporation, in the course of business or otherwise, of any quantity of such explosive substance. What record must show. Sec. 2. Such journal or record book must show, in a legible handwriting to be entered therein at the time, a complete history of each transaction, stating the name and quantity of the explosive sold, delivered, given away, transferred, or otherwise disposed of; the name, place of residence, or business of the purchaser or transferee; the name of the individual to whom delivered, with his or her address, with a description of such individual sufficient to provide for identification. Records subject to examination of peace officers. Sec. 3. Such journal or record book must be kept, by the person, firm, association, joint stock company, or corporation so selling, delivering, or otherwise disposing of such explosive substance or substances, in his or their principal office or place of business, at all times subject to the inspection and examination of the peace officers or other police authorities of the state, county, city and county, or municipality where the same is situated, on proper demand made therefor; any failure or neglect to keep such book, or to make the proper entries therein at the time of the transaction, as herein provided, or to exhibit the same to the peace officers or other police authorities on demand, shall be deemed a misdemeanor, and punished accordingly. Forfeiture in addition to punishment. Sec. 4. In addition to such punishment, and as a cumulative penalty, such person, firm, associa tion, joint stock company, or corporation so offending, shall forfeit, for each offense, the sum of two hundred and fifty dollars, to be recovered in any court of competent jurisdiction, by action at law. The party so instituting such actions shall not be entitled to dismiss the same without consent of the court before which the suit has been instituted. Nor shall any judgment recovered be settled, satisfied, or discharged, save by order of such court, after full payment into court, and all moneys so collected shall be paid to the party bringing the suit. Prohibiting reckless possession of explosives. Sec. 5. Any person who, in the public street or any highway or any county, city and county, city, or town or city, or at, in, or near to any theater, hall, public or private, school, college, church, hotel, or other public building, or at, in, or near to any private habitation or in, on board of, or near any railway passenger train, or car or train, or cable road, or car of the same, or steam or other vessel, engaged in carrying passengers, or ferryboat, or other public place where human beings ordinarily pass and repass, shall recklessly or maliciously have in his or her possession any dynamite, nitroglycerine, vigorite, hercules powder, giant powder, or other high explosive, or who shall recklessly or maliciously by use of such means intimidate, terrify, or endanger any human being, is guilty of a felony, and on conviction shall be punished accordingly. Defining reckless possession. Sec. 6. Any person not regularly engaged in the manufacture, sale, transportation, or legitimate use in blasting operations, or in the arts, of such substances as are named in this act, shall be presumed (prima facie) to be guilty of a reckless and malicious possession thereof, within the meaning of the foregoing section, if any such substance is found upon him, or in his possession, in any of the places, or under any of the circumstances specified in the preceding section. Punishment for unlawful possession. Sec. 7. No person may knowingly keep or have in his or her possession any dynamite, vigorite, nitro-glycerine, giant powder, hercules powder, or other high explosive, except in the regular course of business carried on by such person, either as a manufacturer thereof or merchant dealing in the same, or for use in legitimate blasting operations, or in the arts, or while engaged in transporting the same for others, or as the agent or employee of others engaged in the course of such business or operations. Any other possession of any such explosive substances as are named in this act is unlawful; and the person so unlawfully possessing it shall be punished by imprisonment in the state prison not exceeding five years, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. Malicious deposit. Sec. 8. Any person who maliciously deposits or explodes, or who attempts to explode, at, in, under, or near any building, vessel, or boat, railroad, tramroad, or cable road, or any train or car, or any depot, stable, car house, theater, school house, church, dwelling house, or other place where human beings usually inhabit, assemble, frequent, or pass and repass, any dynamite, nitro-glycerine, vigorite, giant or hercules powder, gunpowder, or other chemical compound, or other explosive, with the intent to injure or destroy such building, vessel, boat, or other structure, or with the intent to injure, intimidate, or terrify any human being, or by means of which any human being is injured or endangered, is guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison not less than one year. Transportation of high explosives. Sec. 9. Any person, firm, or corporation, who shall take, carry, or transport, or cause to be tak. en, carried, or transported, any dynamite, vigorite, nitro-glycerine, hercules or giant powder, or other high explosive, into the limits of, or through, or across any incorporated city or town of this state, or into, through, or across any harbor for shipping, in any manner, condition, or quantity, or otherwise, in violation of the laws or ordinances of such city or town, or of the laws or regulations governing such harbor, shall, in addition to the penalties provided or imposed by such laws, ordinauces, or regulations, forfeit to the state of California all such explosive substances, as well as the cases inclosing the same. Such forfeiture may be |