Certain clauses and conditions to be omitted. SEC. 9. No clause or condition of any kind shall be inserted in any franchise or grant offered or sold under the terms of this act, which shall directly or indirectly restrict free and open competition in bidding therefor, and no clause or provision shall be inserted in any franchise offered for sale, which shall in anywise favor one person, firm or corporation, as against another, in bidding for the purchase thereof. Violation of provisions of this act by members of governing body. SEC. 10. Any member of any common council or other governing or legislative body of any county, city and county, city or town of this state, who, by his vote, violates or attempts to violate the provisions of this act, or any of them, shall be guilty of a misdemeanor, and may be punished therefor, as provided by law, and may be deprived of his office by the decree of a court of competent jurisdiction, after trial and conviction. Repeal of conflicting acts-Certain acts not repealed-Time of taking effect. SEC. 11. All acts or parts of acts in conflict herewith are hereby repealed; provided, however, that nothing herein contained shall be construed as repealing, or amending the following acts, to wit: "An act relating to the granting by the counties and municipalities of franchise for the construction of paths and roads for the use of bicycles and other horseless vehicles," approved March twenty-seventh, eighteen hundred and ninetyseven; "An act to authorize cities and towns to grant franchises for the construction and maintenance of railroads beyond the limits of such cities or towns leading to public parks owned thereby," being chapter forty of the laws of eighteen hundred and ninety-seven of the State of California. This act shall take effect immediately. (See McGinnis vs. City of San Jose, 153 Cal. 712.) (See, also, Municipal Corporations, statutes at large, post, for laws relating to cities of the fifth and sixth classes.) NOTE.-Section 11 erroneously refers to "chapter forty of the laws of eighteen hundred and ninety-seven," etc.; the correct chapter number is fifty. For copy of act see Street Railroads. First act mentioned in section 11 is codified. (See Civ. C. § 524 and Pol. C. § 4047.) FRAUDULENT REPORTS. An act to protect stockholders and persons dealing with corporations in this state. Approved March 29, 1878; stats. 1877-8, p. 695. The people of the State of California, represented in senate and assembly, do enact as follows: False reports by officers of corporations. SECTION 1. Any superintendent, director, secretary, manager, agent, or other officer, of any corporation formed or existing under the laws of this state, or transacting business in the same, and any person pretending or holding himself out as such superintendent, director, secretary, manager, agent, or other officer, who shall willfully subscribe, sign, indorse, verify, or otherwise assent to the publication, either generally or privately, to the stockholders or other persons dealing with such corporation, or its stock, any untrue or willfully and fraudulently exaggerated report, prospectus, account, statement of operations, values, business, profits, expenditures or prospects, or other paper or document intended to produce or give, or having a tendency to produce or give, to the shares of stock in such corporation a greater value or less apparent or market value than they really possess, or with the intention of defrauding any particular person or persons, or the public, or persons generally, shall be deemed guilty of a felony, and on conviction thereof, shall be punished by imprisonment in state prison or a county jail not exceeding two years, or by fine not exceeding five thousand dollars, or by both. Repeal of conflicting acts. SEC. 2. All acts and parts of acts in conflict with this act are hereby repealed. NOTE. The act of March 29, 1878, consists of but one section, hence was entirely amended and superseded in 1905. See, also, Pen. C. § 564. An act to prevent false and incorrect representations and advertisements concerning articles offered for sale and prescribing a punishment for the violation thereof. Approved April 22, 1909; stats. 1909, p. 1078. The people of the State of California, represented in senate and assembly, do enact as follows: False representations or misleading advertisements. SECTION 1. Any firm, person, corporation or association of persons, or any employee of such or any of such, who in the newspapers or other periodicals of this state, or in public advertisements, or in communications intended for a large number of persons knowingly makes or disseminates any statements or assertions of facts with respect to his, its or their business affairs concerning the quantity, the quality, the value, the price, the method of production or manufacture, or the fixing of the price of his, its, or their merchandise or professional work; or the manner or source of purchase of such merchandise, or the possession of awards, prizes or distinctions; or the motive or purpose of a sale, intended to have the appearance of an advantageous offer, which is or are untrue or calculated to mislead, shall be guilty of a misdemeanor. GAME PRESERVES. An act to provide for the transfer to the State of California by owners of patented lands therein of the right to preserve and protect wild game on such patented lands; to define the duties of the state board of fish commissioners in relation to the control of such rights, and to declare the hunting of wild game within the exterior boundaries of the land to which such right attaches, a misdemeanor. Approved March 21, 1907; stats. 1907, p. 788. The people of the State of California, represented in senate and assembly, do enact as follows: Protection of wild game on patented lands-State game preserve-Close season. SECTION 1. Any person, firm or corporation, owning and in possession of patented lands in the State of California, embrac ing an area of not less than one hundred and sixty acres, may transfer, by an instrument in writing duly acknowledged before an officer authorized under the laws of this state to take acknowledgments, to the State of California, the right to preserve and protect all wild game on the land described therein for a period of not less than one year nor more than five years. Such instrument shall be filed with the state board of fish commissioners; whereupon such board may in its discretion declare the lands described in such instrument a state game preserve, and thereafter for the period named therein, shall for all the purposes relating to the preservation and protection of wild game be under the control of said board. Such preserve shall be numbered in the order of the filing of the instrument of transfer thereof. A copy of the declaration establishing the same shall, under the seal of said board be issued to such person, firm or corporation, transferring the right therefor. During the period named in such instrument it shall be unlawful for any person to hunt, pursue, shoot, take, kill or destroy any wild game within the exterior boundaries thereof. The state board of fish commissioners shall cause to be prepared suitable notices to be posted under its direction on each state game preserve and such notice shall describe the lands constituting the same, and shall contain a warning to all persons to refrain for the period named therein from violations of the provisions of this act; provided, however, that no provision in this act contained, shall be construed as prohibiting or preventing any person or persons from hunting or taking fish and wild game from or on navigable water. [Section 1 amended March 20, 1909; stats. 1909, p. 518; in effect immediately.] Control of state game preserves. SEC. 2. All state game preserves established under the provisions of this act shall for all purposes of preservation and protection of wild game thereon, be under the control and management of the state board of fish commissioners, and the said board, its officers and employees, and all game wardens, may at all times enter in and upon such preserves, in the performance of their duties. The said board may establish such regulations as may, in its judgment, be necessary for the preservation and protection of the wild game on such preserves, and for that purpose may direct and authorize game wardens or other officers to execute such regulations. All expenses incurred in carrying out the provisions of this act and the regulations that may be established thereunder, shall be a charge against and paid out of the "game preservation fund" established under an act entitled "An act to regulate and license the hunting of game birds and animals and to provide revenue therefrom, for game preservation and restoration and to make appropriations for the purpose of carrying out the objects of this act." Penalty. SEC. 3. The hunting, pursuing, shooting, taking, killing or destroying of any wild game within the exterior boundaries of any state game preserve established under the provisions of this act, is hereby declared a misdemeanor, and all fines collected in any prosecution therefor shall be paid into said "game preservation fund." Time act shall take effect. SEC. 4. This act shall take effect and be in force from and after its passage. GAS COMPANIES. An act concerning gas companies. Approved April 4, 1870; stats. 1869-70, p. 815. Continued in force by section 19, subdivision 20, of the Pol. C., and by section 23, subdivision 20, Pen. C. Superseded and in effect repealed by act of 1895, p. 191, which later act was amended 1897, p. 210, and repealed 1903, p. 32. See, also, section 19, article XI, Constitution, amended in 1884. An act to provide for the letting of contracts for lighting of streets and public buildings in cities and towns in the State of California. Approved March 26, 1895; stats. 1895, p. 191; amended 1897, p. 210. Repealed 1903, p. 32. |