CHAPTER CCLIV. An act to amend section three hundred and eighty-two of the Penal Code of the State of California, relating to the adulteration and dilution of articles of food, drink, drugs, medicines, spirituous or malt liquors, or wine, or any article useful in compounding them, and providing punishment for the same. [Approved March 21, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: tion of Section three hundred and eighty-two of the Penal Code of the State of California is hereby amended to read as follows: 382. Every person who adulterates or dilutes any arti- Adulteracle of food, drink, drug, medicine, spirituous or malt liquor, food, or wine, or any article useful in compounding them, with the drink, etc. fraudulent intent to offer the same, or cause or permit it to be offered for sale as unadulterated or undiluted; and every person who fraudulently sells, or keeps or offers for sale the same, as unadulterated or undiluted, or who, in response to an inquiry for any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, sells or offers for sale, a different article, or an article of a different character or manufacture, without first informing such purchaser of such difference, is guilty of a misdemeanor; provided, that no retail dealer shall be convicted under the provisions of this section if he shall prove a written guaranty of purity obtained from the person from whom he purchased such adulterated or diluted goods. CHAPTER CCLV. An act to amend Article IV of Chapter III of Title III of Part IV of the Code of Civil Procedure by adding thereto a new section relating to taking depositions, to be numbered 2025§. [Approved March 21, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Article IV of Chapter III of Title III of Part IV of the Code of Civil Procedure is hereby amended by adding thereto a new section to be numbered Section 2025 to read as follows: Deposition resident 2025. When a party shall desire to take the evidence of a non-resident witness, to be used in any cause pending in of nonthis state, the party desiring the same (or where notice shall witness. have been given that a commission to take the testimony of a non-resident witness will be applied for, the opposite party, upon giving the other three days' notice in writing of his election so to do), may have a commission directed in the same manner as provided in section two thousand and twenty-four Code of Civil Procedure, to take such evidence, upon interrogatories to be propounded to the witness orally; upon the taking of which each party may appear before the commission, in person or by attorney, and interrogate the witness. The party desiring such testimony shall give to the other the following notice of the time and place of taking the same, to wit: ten days, and one day in addition thereto (Sundays included) for every three hundred miles' travel from the place of holding the court to the place where such deposition is to be taken. When a party to a suit shall give the opposite party notice to attendance take a deposition upon oral interrogatories, and shall fail to of opposite take the same accordingly, unless such failure be on account of the non-attendance of the witness, not occasioned by the fault of the party giving the notice, or some other unavoidable cause, the party notified, if he shall attend himself or by attorney, agreeably to the notice, shall be entitled to two dollars per day for each day he may attend under such notice, and to six cents per mile for every mile that he shall necessarily travel in going to and returning from the place designated to take the deposition, to be allowed by the court where the suit is pending and for which execution may issue. Costs for non party. Restrictions on savings banks. True names of persons CHAPTER CCLVI. An act to add four new sections to the Civil Code to be numbered 581, 582, 583, and 583a, relating to banks and banking. [Approved March 21, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. A new section is hereby added to the Civil Code to be numbered five hundred and eighty-one to read as follows: 581. No savings bank shall lend to exceed sixty per cent of the market value of any piece of real estate to be taken as security, except for the purpose of facilitating the sale of property owned by the corporation. And it shall be unlawful for any savings and loan society, or savings bank, to purchase, invest, or loan its capital, or the money of its depositors, or any part of either, in mining shares or stocks. Any president or managing officer who knowingly consents to a violation of the above provision shall be deemed guilty of a felony. A new section is hereby added to said code to be engaged in numbered five hundred and eighty-two to read as follows: 582. Every person or number of persons not being incorporated, engaged in the business of banking, or publicly banking must be shown. receiving money on deposit must conduct such business under a name which shows the true names of all persons engaged therein, unless such person or persons have complied with the provisions of Article VII of Chapter II of Title X of Part IV of Division Third of said Civil Code. Every person violating any of the provisions of this section is guilty of a misdemeanor, and is punishable by imprisonment in the county jail for not less than ninety days nor more than six months, or by fine of not less than one hundred dollars nor more than five hundred dollars, or by both such fine and imprisonment. SEC. 3. A new section is hereby added to said code to be numbered 583 to read as follows: fund. 583. The directors of any savings bank, bank, or bank- Dividends. ing corporation having a capital stock, may semi-annually declare a dividend of so much of the net profits of the stockholders as they shall judge expedient; but every such corpora- Surplus tion shall, before the declaration of such dividend, carry at least one tenth () part of the net profits of the stockholders for the preceding half year to its surplus or reserve fund until the same shall amount to twenty-five per centum of its paid-up capital stock. But the whole or any part of such surplus or reserve fund, if held as the exclusive property of stockholders, may at any time be converted into paid-up capital stock, in which event such surplus or reserve fund shall be restored in manner as above provided until it amounts to twenty-five per centum of the aggregate paid-up capital stock. A larger surplus or reserve fund may be created, and nothing herein contained shall be construed as prohibitory thereof. SEC. 4. A new section is hereby added to said code to be numbered 583a to read as follows: published. 583a. No banker, nor officer of any bank or corporation Capital actually doing a banking business, shall advertise in any manner, or paid up publish any statement of the capital stock authorized or sub- must be scribed, unless he advertise and publish in connection therewith, the amount of capital actually paid up. Any officer, or the officers of any bank or corporation doing a banking business, advertising in any manner, or publishing, a statement of the capital stock of such bank or banking corporation, authorized or subscribed, without the statement in connection therewith of the stock actually paid up, shall be guilty of a misdemeanor. SEC. 5. This act takes effect from and after its passage. School precincts, etc. CHAPTER CCLVII. An act to amend section 1596 of an act entitled "An act to establish a Political Code of the State of California," approved March 12, 1872, relating to elections for school trustees. [Approved March 21, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section fifteen hundred and ninety-six of an act entitled "An act to establish a Political Code of the State of California," approved March twelfth, eighteen hundred and seventy-two, is hereby amended so as to read as follows: 1596. Trustees or board of education charged with the elections, calling, conduct and carrying on of elections, may subdivide the district into election precincts for the holding of the election, and may change and alter such precincts as often as occasion may require, and must appoint one inspector and two judges of election in each precinct; if none are so appointed, or, if those appointed are not present at the time for opening the polls, the electors present may appoint them, and they shall conduct the election. SEC. 2. This act shall take effect immediately. Drainage of wet tion for. CHAPTER CCLVIII. An act to promote the drainage of wet, swamp and overflowed lands, and to promote the public health in the communities in which they lie. [Approved March 21, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Whenever ten or more landholders owning parts lands; peti- of any body of wet, swamp or overflowed lands susceptible of drainage by a ditch or drain, or a system of ditches or drains, shall file with the board of supervisors of the county in which said lands, or a portion thereof, are situated, a petition for the establishment of such ditch or drain, or system of ditches or drains, for the draining of said body of lands, defining the boundaries of such body of lands and the location and courses of such ditch or drain, or system of ditches or drains, through said body of lands, and the lands through which it or they are to pass to their outlets, and shall give said supervisors a good and sufficient bond for the payment of all costs that may accrue provided said petition shall not be granted, said supervisors shall, within thirty days of the filing of said petition, Bond. appoint a day for the hearing of the same, which shall not be Hearing. less than fifteen nor more than forty days from such appointment; and shall, also, cause to be published in some newspaper published and having a general circulation in the county, a copy of said petition together with a notice by the clerk of said board of the time and place set for hearing said petition; said publication shall be in a daily or weekly newspaper and for at least two weeks next preceding the time set for said hearing. SEC. 2. Said supervisors shall also direct the county sur- Survey of proposed veyor to survey the line or lines of said proposed ditch or drain. drain, or system of ditches or drains, taking notes of the descent of the land and the character thereof, and report to said board, on or before said day of hearing, the descent, if any, between the head and outlet of said ditch or ditches, together with a list of intermediate grades, the lands benefited by said proposed ditch or ditches, and such other information as may come under his notice upon the matter of such proposed location. In locating such ditches or drains, whenever Location. practicable, they shall be located on section or subdivision lines, but the said surveyor may, in surveying the same, follow the lines of location described in said petition or vary therefrom as he may deem for the greatest advantage of said lands and the best location of said ditch or ditches. may SEC. 3. Upon the hearing of said petition any person Interested interested in the lands described therein, or the community in which the same are located, may appear and support or oppose appear. the granting of said petition, and witnesses may be sworn and testify in reference thereto. visors may tion. SEC. 4. If the supervisors shall, on hearing the petition, superfind that the construction of the ditch or drain, or system of grant or ditches or drains, petitioned for (or as modified by the report deny petiof the surveyor) would be advisable, and beneficial to the lands described in the petition, or a smaller body lying within the same, and such body of lands so to be benefited constitute the lands of a farming community or neighborhood, or that the construction of said ditch or drain, or system of ditches or drains, would be conducive to the health of the community or neighborhood in which they lie, then, the supervisors shall, in their discretion, grant said petition for the construction of said ditch or drain, or system of ditches or drains, as prayed for (or as modified by the report of the surveyor) and shall proceed to examine the lands affected thereby, and shall direct the surveyor to survey the same and set stakes every hundred feet, and to make a journal of the depth and width to be excavated at each of said stakes. If, upon the hearing, the said supervisors shall find the location of said ditch or ditches unadvisable, the petition shall be denied and the costs of the proceedings shall be collected from the petitioners or their bondsmen. appor SEC. 5. After having made such examination of the lands Costs to be so affected said supervisors shall then apportion the excavation tioned to of said ditch and the cost of location (including the cost of affected. lands |