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Consolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell online

. (page 186 of 295)
Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 186 of 295)
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such California state board of pharmacy. [Amendment approved June
11, 1913; Stats. 1913, p. 697.]

Section adopted April 25, 1911 (Stats. 1911, p. IIOS).

Revocation of pharmacist registration.

§ 8c. The board may revoke the registration of any registered phar-
macist or assistant pharmacist upon conviction of the second offense for
violating any of the provisions of section 8 or 8a of this act, and in
such case said registration shall not be restored before the period of one
year from the date of said revocation. [New section approved June 11,
1913; Stats. 1913, p. 698.]

Enforcement of Penal Code, section 307.

§ 8d. The state board of pharmacy is hereby charged with the en-
forcement of the provisions of section 307 of the Penal Code and all
fines imposed for violation of said section upon collection shall be dis-
posed of as is provided for the disposition of fines in section 7 of this
act. [New section approved June 11, 1913; Stats. 1913, p. 698.]

Sale of carbolic acid prohibited.

§ 9. The sale or furnishing of carbolic acid (phenol) in quantities of
less than one pound is prohibited unless upon the prescription of a pliysi-
cian, deptist or veterinary surgeon duly licensed to practice in this state,
but this prohibition shall not apply to solutions of carbolic acid (phenol)
containing not over ten per cent of the carbolic acid (i)henol) and not less
than ten per cent of ethyl alcohol. All sales of carbolic acid (phenol)
thus diluted so as to contain no more than ten per cent of carbolic acid



Acts 2735-2737 general laws. 1670

(phenol) may be made under the same conditions as the drugs enumer-
ated in schedule "B" as found in section 7, but sales of carbolic acid
(phenol) containing more than ten per cent of said acid shall be regis-
tered subject to the same regulations as the poisons enumerated in sched-
ule "A" as found in section 7. [Amendment approved April 25, 1911;
Stats. 1911, p. 1108.]

Citations. Cal. 155/112, 113; 159/509, 510, 511. App. 8/564, 565.

ACT 2735.

Citations. App. 19/90, 251; (§7) 19/251.

TITLE 387.

POLICE.
ACT 2737.

An act providing that, in any city of the first class or city and county
in this state, where by general law or by charter the board of police
commissioners of such city, or city and county are authorized and
empowered, to appoint, promote, suspend, disrate or dismiss any po-
lice officer or member of the police department, and to prescribe rules
and regulations for the government, discipline, equipment and uni-
form of such police department, and from time to time to alter or
repeal the same, and to prescribe penalties for the violations of any
such rules and regulations, all such rules and regulations must be
reasonable and couched in plain and concise language, and provid-
ing that such board of police commissioners shall prescribe a sepa-
rate and distinct penalty for the violation of each of such rules and
regulations which shall be graded according to the importance and
nature of the rule or regulation violated, and providing that such
penalty shall in all cases be reasonable, and that the same shall be
couched in plain and concise language, and printed or published, as
the ease may be, in the manual or guide published for the guidance
and information of the police officers or members of such police de-
partment and in connection with the rule or regulation to which the
same is intended to apply, and providing further that such board
of police commissioners shall not have power to inflict unreasonable
penalties for the violation of such rules and regulations; nor to in-
flict penalties for the violation of such rules and regulations arbi-
trarily, nor unless justified by proper and competent evidence, also
providing certain procedure in hearings for the violation of such
rules and regulations, and that courts of competent jurisdiction may
review the proceedings had upon such hearings for certain purposes,
and that all acts and parts of acts in conflict herewith are hereby
repealed. [Approved March 23, 1907. Stats. 1907, p. 993.]
Amended 1911, p. 1158.
The ame'ndments of 1911 are as follows:



1671 POLICE. Act 2737

Act giving police commissioners power to make regulations, etc., amended.
New title.
The title of an act entitled "An act providing that, in any city
of the first class or city and county in this state, where by general law
or by charter the board of police commissioners of such city, or city and
county are authorized and empowered to appoint, promote, suspend, dis-
rate or dismiss any police officer or member of the- police department, and
to prescribe rules and regulations for the government, discipline, equip-
ment and uniform of such police department, and from time to time to
alter or repeal the same, and to prescribe penalties for the violations of
any such ryles and regulations, all such rules and regulations must be
reasonable and couched in plain and concise language, and providing that
such board of police commissioners or board of trustees shall prescribe a
separate and distinct penalty for the violation of each of such rules and
regulations which shall be graded according to the importance and nature
of the rule or regulation violated, and providing that such penalty shall
in all cases be reasonable, and that the same shall be couched in plain
and concise language, and printed or published, as the case may be, in
the manual or guide published for the guidance and information of the
police officers or members of such police department and in connection
with the rule or regulation to which the same is intended to apply, and
providing further that such board of police commissioners shall not have
power to inflict unreasonable penalties for the violation of such rules and
regulations; nor to inflict penalties for the violation of such rules and
regulations arbitrarily, nor unless justified by proper and competent evi-
dence, also providing certain procedure in hearings for the violation of
such rules and regulations, and that courts of competent jurisdiction may
review the proceedings had upon such hearings for certain purposes, and
that all acts and parts of acts in conflict herewith are hereby repealed,"
approved March 23, 1907, is hereby amended to read as follows: "An
act providing that, in any city of the first or second and one-half class
or city and county in this state, where by general law or by charter the
board of police commissioners of such city, or city and county, are author-
ized and empowered to appoint, promote, suspend, disrate or dismiss any
police officer or member of the police department, and to prescribe rules
and regulations for the government, discipline, equipment and uniform. of
such police department, and from time to time to alter or repeal the
same, and to prescribe penalties for the violation of anj^ such rules and
regulations, all such rules and regulations must be reasonable and couched
in plain and concise language, and providing that such board of police
commissioners shall prescribe a separate and distinct penalty for the
violation of each of such rules and regulations which shall be graded
according to the importance and nature of the rule or regulation violated,
and providing that such penalty shall in all cases be reasonable, and that
the same shall be couched in plain and concise language, and printed or
published, as the case may be, in the manual or guide published for the
guidance and information" of the police officers or members of such police



AcL 2737, § 1 GENERAL LAWS. 1672

department and in connection with the rule or regulation to which the
same is intended to apply, and providing further that such board of police
commissioners shall not have power to inflict unreasonable penalties for
the violation of such rules and regulations; nor to inflict penalties for the
violation of such rules and regulations arbitrarily, nor unless justified by
proper and competent evidence, also providing certain procedure in hear-
ings for the violation of such rules and regulations, and that courts of
competent jurisdiction may review the proceedings had upon such hear-
ings for certain purposes, and that all acts and parts of acts in conflict
herewith are hereby repealed." [Amendment approved April 27, 1911;
Stats. 1911, p. 1158.']

Rules for police department must be reasonable, etc. Severer penalties
may be made for second violation of rules.
§ 1. In any city of' the first class, or in any city of the second and
one-half class containing a population of over forty-two thousand by the
federal census of 1910, or in any city and county in this state, where by
general law, or by charter the board of police commissioners or board
of trustees of such city, or city and •county are authorized and empowered
to appoint, promote, suspend, disrate or dismiss any police officer or mem-
ber of the police de])artment, and to provide rules and regulations for
the government, discipline, equipment and uniform of such police depart-
ment, and from time to tim.e to alter or repeal the same, and to prescribe
penalties for the violation of any such rules and regulations, all such
rules and regulations must be reasonable and couched in plain and con-
cise language, so that the same may be easily understood by persons of
ordinary education and understanding, and such board of police com-
missioners or board of trustees shall prescribe a separate and distinct
penalty for the violation of each of such rules and regulations, which said
penalties shall be graded according to the importance and nature of the
rule or regulation violated, and the consequent gravity of its violation,
and in all cases such penalties shall be reasonable, and shall be couched
in plain and concise language, so that the same may be easily understood
by persons of ordinary education and understanding; and such penalties,
together with the several rules and regulations to which they are in-
tended to apply, shall be printed or published, as the case may be, in
the manual or other guide published for the guidance or information of
the police officers or members of such police department, and each of such
penalties shall be so printed or published in direct connection with the
particular rule or regulation to which the same is intended to apply, so
that the rule or regulation and the penalty for its violation may be easih-
and readily understood. Nothing in this section contained shall be con-
strued to prevent or prohibit any such board of police commissioners or
board of trustees from prescribing other and more severe penalties for a
second or repeated violation of any such rule or regulation, or a subse-
quent violation of any such rule or regulation thus prescribed; provided,
that such penalties shall be reasonable, and shall be printed or published



i



1673 POLICE. Act 2737, §§ 2, 3

as hereinbefore provided for, nor shall anj'thing in this section contained
be construed to prevent or prohibit such board of police commissioners or
board of trustees from prescribing like or similar penalties for the viola-
tion of more than one of such rules and regulations; provided, that the
same shall be printed or published in connection with the rule or regula-
tion to which the same is intended to apply as hereinbefore provided.
[Amendment approved April 27, 1911; Stats." 1911, p. 1160.]

Penalty may be inflicted only after full hearing. Written charge. Right
to appear in own defense.

§ 2. No penalty for the violation of any rule or regulation of the
board of police commissioners or board of trustees of any such city or
city and county, as is mentioned in section 2 of this act, shall be inflicted
upon any police officer or member of the police department thereof, ex-
cept that a full, fair and impartial hearing before such board of police
commissioners or board of trustees shall first have been had upon the
charge or complaint preferred against such officer or member as herein-
after provided. Such hearing can be had only upon a written charge or
complaint filed with the secretary or clerk of such board, which must
be verified by the oath of the person making the same, and must contain
a statement in ordinary and concise language of all the facts constituting
the charge made. A copy of such charge or complaint shall be served
upon the person charged at least five days prior to the time set for the
hearing thereof. At such hearing the person charged shall have the right
to appear in person and by counsel and make defense to such charge;
he may produce witnesses to testify in his behalf upon such hearing; he
shall also have the right, if he shall so request, to have all of the testi-
mony given upon such hearing, both against him and in his behalf, re-
duced to writing by questions and answers, or reported by a stenographer
and transcribed; which said written or transcribed testimony shall be
filed and remain of record in the office of the secretary or clerk of the
said board of police commissioners or board of trustees, and such board
must render its decision upon the evidence adduced upon such hearing
and not otherwise. No such board of police commissioners or board of
trustees shall have power or authority to inflict any penalty for the viola-
tion of any such rule or regulation, arbitrarily, nor unless such evidence
shall justify such action. [Amendment approved April 27, 1911; Stats.
1911, p. 1161.]

Right to hold office during "good behavior" a substantial right. Superior
court may inquire into proceedings.
§ 3. In any such city, or city and county, as is mentioned in section
2 of this act, where the right to hold the office of police officer, or member
of the police department is dependent upon the "good behavior" of such
officer or member subject to reasonable rules and regulations of the board
of police commissioners or board of trustees thereof, such right to hold
such office is hereby declared to be a substantial right of which he shall



Acts 2739-2741a general laws. 1674

not be deprived arbitrarily, nor summarily, nor otherwise than upon a
hearing as hereinbefore in this act provided. Superior courts, and all
courts of competent jurisdiction, shall have the power, by proper pro-
ceedings instituted for that purpose, to inquire as to the regularity of
proceedings of boards of police commissioners or boards of trustees upon
hearings herein provided for, and to review the evidence adduced upon
such hearings, and to make such orders and render such judgments as the
circumstances and the law shall warrant; provided, however, that the
courts shall not interfere with the proper exercise of discretion by such
boards. [Amendment approved April 27, 1911; Stats. 1911, p. 1162.]

ACT 2739.

Citations. App. 19/658.

TITIjE 388.

POLICE COURTS.
ACT 2741.

An act to establish police courts in cities of the first and one-half class,
to fix their jurisdiction and provide for ofiicers of said courts and fix
the compensation of certain officers thereof. [Became a law under
constitutional provision without governor's approval, March 5, 1901.
Stats. 1901, p. 95.]

Amended 1903, pp. 320, 335; 1905, p. 41; 1907, pp. 136, 850; 1909, pp. 435,
797; 1911, p. 623.
Repealed June 6, 1913 (Stats. 1913, p. 477).
See post, Act 2741a.

Citations. App. 11/359, 360, 361, 362, 363, 364; 12/487, 488; 13/739;
19/555.

ACT 2741a.

An act to establish police courts in cities of the first and one-half class,
to fix the jurisdiction of said courts and to provide for the officers
thereof, to prescribe the powers and duties of the officers of said
courts, and to fix the compensation of certain ofiicers thereof, and to
repeal an act entitled "An act to establish police courts in cities
of the first and one-half class, to fix their jurisdiction and provide
for officers of said courts and fix the compensation of certain ofiicers
thereof," which became a law under the provisions of the constitution
of the state of California without the governor's approval, on the
5th day of March, 1901, and all acts amendatory of said act or 8up-
plementary thereto.

[Approved June 6, 1913. Stats. 1913, p. 469.]

Judicial power of cities of first and one-half class.

§ 1. The judicial power of every city of the first and one-half class
shall be vested in a police court to be held therein by the city justices of
such city, or one or more of them. Either of said justices may hold



1675 POLICE COURTS. Act 2741a, §§ 2-5

such court, and there may be as many sessions of said court at the same
time as there are city justices in said city, and it is hereby made the
duty of said city justices, in addition to the duties now required of
them by law, to hold said police court, as judges thereof.

Jurisdiction.

§ 2. Said police court shall have exclusive jurisdiction of all mis-
demeanors punishable by fine or by imprisonment, or by both such fine
and imprisonment, committed in the city where such police court is held;
and of all proceedings for violation of any ordinance of said city, both
civil and criminal; and of all actions for the collection of any license
required by the ordinances of said city. In all cases of which said police
court has jurisdiction it shall have power to try and determine the same;
convict or acquit; pass and enter judgment and carry such judgment
into execution as the case may require, according to law.

Powers of justices.

§ 3. Each of the city justices while acting as judge of said police
court shall be and have the powers of a police magistrate and shall have
power and jurisdiction to issue warrants of arrest, search-warrants, sub-
poenas, summons, writs of execution and all other writs, orders or pro-
cesses necessary to the full and proper exercise of the powers and juris-
diction of said court; to punish persons guilty of contempt of said court,
in like cases and by the same penalties as justices of the peace; to try
all charges of misdemeanor offenses committed within its jurisdiction, as
well as all charges for violation of city ordinances, and render judgment
therein with full power to carry such judgment into execution; to make
disposition of property taken under search-warrant, in like cases and like
manner as justices of the peace; to act as a committing magistrate,
examine and hold to answer or discharge persons charged with the com-
mission of felonies and make all necessary rulings, orders and commit-
ments in that behalf; in all proper cases, to stay the execution of any
judgment rendered by him in either civil or criminal cases.

Justices not to be interested.

§ 4. Neither of said justices shall sit in any case in which he is a
party, or in which he is interested, or where he is related to either party
by consanguinity or affinity within the third degree; and in case of the
absence, sickness or inability of the said justices, or either of them,
either of said justices may call in any justice of the peace of the county
to act in his place and stead.

Departments. Apportionment of business. Rules. Government of pro-
ceedings.
§ 5. The said police court shall be divided into as many departments
as there are judges of said court. The judges of said court sliall clioosTc
from their number a presiding judge, who shall serve for one year; pro-
vided, however, that the presiding judge first chosen hereunder shall serve



Act 2741a, § 6 general LAVfS. 1676

until the first Monday in January, 1914; and provided, further, that
the presiding judge may be removed at any time and another appointed
in his place by a vote of the majority of said judges. The presiding
judge shall assign the judges to their respective departments; but any
judge may preside in any department in case of the absence or inability
to act of the judge of such department. And in the absence or inability
to act of the presiding judge, the remaining judges may select one of
their number to act as presiding judge during such absence or inability;
and whose official acts during such time shall have the same force and
effect as though made or done by the presiding judge. The presiding
judge shall have power to apportion the business of said court among
the several departments and to transfer cases from one department to
another, if necessary or convenient to facilitate the dispatch of business
of said court. The judgments, orders and proceedings of any session of
the court held by any one or more of the judges of said court shall be
equally effectual as though all of the judges had presided at such ses-
sion. The judges of said court shall have power, by a majority vote of
all the judges of said court, to make rules not inconsistent with the con-
stitution or laws of this state, for the government of said court and the
officers thereof, and for conducting the business of said court. Such
rules may be published by posting a copy of the same in each of the
courtrooms of said court and shall be in effect after having been so
posted for a period of thirty days. Said court shall be governed in its
proceedings by the provisions of law regulating proceedings in justices'
courts and police courts so far as such provisions are not altered or modi-
fied by this act, and the same are applicable in the several cases arising
therein, and no rules shall be made imposing any tax or charge on any
legal proceeding or giving any allowance to any officer for services.

Clerk. Clerk's bonds. Salary. Duties. Monthly account. Business
hours. Penalty for violation. Dockets. Docket in criminal cases.
§ 6. Said police court shall have a clerk for each of the judges of said
court, who shall be appointed by the judge of said court presiding in the
department thereof in which the said clerk is to act, which said clerk
shall hold office for the term of four years from the date of his appoint-
ment. Each such clerk shall be ex officio a clerk of the city justices of
the peace. Each of said clerks shall give a bond in the sum of five thou-
sand dollars, with at least two sureties, to be approved by the mayor,
conditioned for the faithful discharge of the duties of his office. Each of
said clerks shall receive an annual salary of twenty-one hundred dollars,
payable in equal monthly installments out of the treasury of said city,
which salary shall be full compensation for all services rendered b,v him.
Each of the said clerks shall keep a record of the proceedings of said
court and issue all processes ordered by the city justices or either of them,
or by said police court or a judge thereof, and receive and pay into the
city treasury all fines imposed and collected bj' said court, and all for-
feitures of cash deposited in lieu of bail in said court, and all other



1G77 POLICE COURTS. Act 2741a, § 7

moneys which may come into his bands belonging to or payable to said
city. They shall also render each month to the city council an exact
and detailed account under oath of all fines imposed and collected and
of all fines imposed and uncollected since their last reports. They shall
prepare and approve bonds and may, in the absence of a judge of said
court, fix the amount of bail to be required of any defendant charged
in such court with any offense of which such court has jurisdiction.
Such clerk may also justify bail, and may administer and certify oaths.
Said clerks shall remain at the courtrooms of said court during busi-
ness hours and during such reasonable times thereafter as may be neces-
sary for a proper performance of their duties. Before receiving any
monthly payment of salary, each of said clerks shall make and file with
the city auditor an affidavit that he has deposited with the city treasurer
all moneys that have come into his hands belonging to the city. Any
violation of this provision shall be a misdemeanor. Said clerks shall
keep, compile and be the custodians of the dockets, files and records of
said court. Said dockets shall, in civil cases, be kept in conformity to
the provisions of sections 911, 912, 913 and 914, of the Code of Civil
Procedure of the state of California. In criminal cases the docket shall
contain in each case:

1. The title of the ease;

2. The demurrer, if any;

3. The motion to dismiss, if any, based upon any defect of the com-
plaint in substance or form;

4. The ruling of the court upon any demurrer or motion to dismiss;

5. The defendant's plea;

6. Any order of the court setting the time for hearing of any demurrer
or motion, or setting case for trial;

7. The names of the witnesses sworn and examined at the trial;

8. The verdict;

9. The time set for rendering judgment, if judgment is not passed
immediately after verdict or plea of guilty; and the waiver of time for



Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 186 of 295)