this state, against conspiracy or combination in restraint of trade so orders, no person so ordered shall be excused from attending, testifying or producing books, papers, schedules, contracts, agreements or any other document in obedience to the subpoena or under the order of such court or any commissioner or referee appointed by said court to take testimony or any notary public or other person or officer authorized by the laws of this state to take depositions when the order made by such court or judge thereof includes a witness whose deposition is being taken before such notary public or other officer on the ground or for the reason that the testimony or evidence required of him may tend to criminate him or subject him to any penalty; but no individual shall be prosecuted or subjected to any penalty for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, before any such court, person or officer.

Penalty, after notice by attorney general.

SEC. 7. Each and every firm, person, partnership, corporation, or association of persons, who shall in any manner violate any of the provisions of this act, shall for each and every day that such violations shall be committed or continued, after due notice given by the attorney general or any district attorney, forfeit and pay the sum of fifty (50) dollars, which may be recovered in the name of the people of the State of California, in any county where the offense is committed, or where either of the offenders resides; and it shall be the duty of the attorney general, or the district attorney of any county on the order of the attorney general, to prosecute for the recovery of the same. When the action is prosecuted by the attorney general against a corporation or association of persons, he may begin the action in the supreme [superior] court of the county in which defendant resides or does business.

Contracts in violation of act void.

SEC. 8. That any contract or agreement in violation of the provisions of this act, shall be absolutely void and shall not be enforceable either in law or equity.

Provisions cumulative.

SEC. 9. That the provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state.

Trust certificates not lawful.

SEC. 10. It shall not be lawful for any person, partnership, association or corporation, or any agent thereof, to issue or to own trust certificates, or for any person, partnership, association or corporation, agent, officer or employee, or the directors or stockholders of any corporation, to enter into any combination, contract or agreement with any person or persons, corporation, or corporations, or with any stockholder or director thereof, the purpose and effect of which combination, contract or agreement shall be to place the management or control of such combination or combinations, or the manufactured product thereof, in the hands of any trustee or trustees with the intent to limit or fix the price or lessen the production and sale of any article of commerce, use or consumption, or to prevent, restrict or diminish the manufacture or output of any such article, and any person, partnership, association or corporation that shall enter into any such combination, contract or agreement for the purpose aforesaid shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not less than fifty dollars, nor more than five thousand dollars.

Persons injured in business by trust may bring suit.

SEC. 11. In addition to the criminal and civil penalties herein provided, any person who shall be injured in his business or property by any other person or corporation or association or partnership, by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any court having jurisdiction thereof in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover twofold the damages by him sustained, and the costs of suit. Whenever it shall appear to the court before which any proceedings under this act may be pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned whether they reside in the county where such action is pending, or not.

"Person" defined.

SEC. 12. The word "person" or "persons" whenever used in this act, shall be deemed to include corporations, partnerships and associations existing under or authorized by the laws of this state or any other state, or any foreign country.

Labor not a commodity.

SEC. 13. Labor whether skilled or unskilled is not a com

modity within the meaning of this act.

March 20, 1909; in effect immediately.]

37 Cal. Dec. 261.

VII Cal. App. Dec. 733.

[New section; added

See Combinations.

CONSPIRACY.

CO-OPERATIVE ASSOCIATIONS.

An act to define co-operative business corporations, and to provide for the organization and government thereof.

Approved April 1, 1878; stats. 1877-8, p. 883. The portion of the statute declaring that the by-laws may provide for the number of votes to which each shareholder shall be entitled is probably unconstitutional as being special legislation. (See Krause vs. Durbrow, 127 Cal. 681.) The remaining portion is superseded by Civ. C. § 653a, as adopted in 1905.

An act to provide for incorporation, operation, and management of co-operative associations.

Approved March 27, 1895; stats. 1895, p. 221. Codified by the legislature of 1905 and therefore superseded by §§ 653b to 6531 of the Civil Code.

557

not

CREMATORIES.

See, also, Animals; Cemeteries.

An act to prevent the propagation of disease through contamination of the atmosphere by gases or fumes arising from crematories for the disposition of garbage, ashes, offal, and other refuse matter, and to prescribe penalties.

Approved April 17, 1909; stats. 1909, p. 978.

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

Operation of garbage crematories.

SECTION 1. No person, firm, company or corporation shall operate within any city, city and county or town of this state any crematory for the destruction by fire heat of garbage, ashes, offal, or other refuse matter, except as hereinafter provided for.

Contamination of atmosphere.

SEC. 2. No such crematory shall be operated in this state except in such a manner as will prevent the propagation of disease through contamination of the atmosphere of any city, city and county or town by the gases or fumes arising from the fires or ovens of any such crematory operated for the destruction by fire heat of garbage, ashes, offal, and other refuse matter.

Violation a misdemeanor.

SEC. 3. Every such person, firm, company or corporation, or officer, agent, or employee of such corporation, which burns by fire heat or destroys by cremation any such garbage, ashes, offal, and other refuse matter, in violation of the provisions of this act, shall be guilty of a misdemeanor.

DAY OF REST.

Labor."

See "Railroads."

DEMURRAGE.

EMPLOYMENT AND EMPLOYMENT AGENTS. See, also, Pen. C. § 679.

An act to prevent misrepresentations of conditions of employment, making it a misdemeanor to misrepresent the same and providing penalties therefor.

Approved March 20, 1903; stats. 1903, p. 269.

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

False representations of conditions of employment.

SECTION 1. It shall be unlawful for any person, partnership, company, corporation, association, or organization of any kind, doing business in this state directly or through any agent or attorney, to induce, influence, persuade, or engage any person to change from one place to another in this state or to change from any place in any state, territory, or country to any place in this state, to work in any branch of labor, through or by means of knowingly false representations, whether spoken, written, or advertised in printed form, concerning the kind or character of such work, the compensation therefor, the sanitary conditions relating to or surrounding it, or the existence or non-existence of any strike, lockout, or other labor dispute affecting it and pending between the proposed employer or employers and the persons then or last theretofore engaged in the performance of the labor for which the employee is sought.

Penalty for violation.

SEC. 2. Any violation of section one or section two hereof shall be deemed a misdemeanor, and shall be punished by a fine