which, under law, constitute the legislative department of any municipality of the first class. SEC. 4. This Act shall take effect and be in force from and after its passage. Disposi estates and homesteads in certain cases. CHAPTER LXXI. An Act to amend section one thousand seven hundred and twentythree of the Code of Civil Procedure, relating to the disposition of life estates or homestead or community property on owner's death in certain cases. [Approved March 4, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section one thousand seven hundred and twentythree of the Code of Civil Procedure shall be amended so as to read as follows: 1723. If any person has died or shall hereafter die who tion of life at the time of his death was the owner of a life estate which terminates by reason of the death of such person, or if such person at the time of his death was one of the spouses owning and occupying lands as a homestead, which lands by reason of the death of such person, vests in the surviving spouse; or if such person was a married woman who at time of her death was the owner of community property which passed upon her death to the surviving husband; any person interested in the property, or in the title thereto, in which such estates or interests were held, may file in the Superior Court of the county in which the property is situated, his verified petition setting forth such facts, and thereupon and after such notice, by publication or otherwise, as the court may order, the court shall hear such petition and the evidence offered in support thereof, and if upon such hearing it shall appear that such life estate of such deceased person absolutely terminated by reason of his death, or such homestead or community property vested in the survivor of such marriage, the court shall make a decree to that effect, and thereupon a certified copy of such decree may be recorded in the office of the County Recorder, and thereafter shall have the same effect as a final decree of distribution so recorded. SEC. 2. This Act shall take effect immediately. CHAPTER LXXII. An Act to amend section one hundred and sixty-four of the Civil Code of the State of California, relating to conveyances of real property by married women, and limiting the time in which to commence actions for recovery of community property by husbands. [Approved March 4, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and sixty-four of the Civil ances of women. 164. All other property acquired after marriage by either Convey husband or wife, or both, is community property; but whenever real estate any property is conveyed to a married woman by an instrument by married in writing, the presumption is that the title is thereby vested in her as her separate property. And in case the conveyance be to such married woman and to her husband, or to her and any other person, the presumption is that the married woman takes the part conveyed to her, as tenant in common, unless a different intention is expressed in the instrument, and the presumption in this section mentioned is conclusive in favor of a purchaser or incumbrancer in good faith and for a valuable consideration. And in cases where married women have conveyed, or shall Time limit hereafter convey, real property which they acquired prior to ing action. May nineteenth, eighteen hundred and eighty-nine, the husbands, or their heirs or assigns, of such married women, shall be barred from commencing or maintaining any action to show that said real property was community property, or to recover said real property, as follows: As to conveyances heretofore made, from and after one year from the date of the taking effect of this Act; and as to conveyances hereafter made, from and after one year from the filing for record in the Recorder's office of such conveyances, respectively. SEC. 2. This Act shall take effect immediately. for bring CHAPTER LXXIII. An Act to amend section three thousand six hundred and thirtythree of the Political Code of the State of California, relating to the assessment of property of persons neglecting or refusing to make and give to the Assessor a statement of his property. [Approved March 4, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section three thousand six hundred and thirtythree of the Political Code of the State of California is hereby amended to read as follows: Neglecting to give to Assessor. 3633. If any person, after demand made by the Assessor, or refusing neglects or refuses to give, under oath, the statement herein statement provided for, or to comply with the other requirements of this title, the Assessor must note the refusal on the assessment book, opposite the name of such person, and must make an estimate of the value of such property of such person, and the Assessor must transmit on or before the first day of July of each year to the Board of Supervisors a verified report in writing, separate from the assessment roll, containing a complete list of all persons who refuse or neglect to furnish a statement of their property as herein provided for, or to comply with the requirements of this title, the amount of the assessment upon the property of such persons, with a statement of the particular facts, if any, upon which the assessment has been made, and the valuation of the property so assessed ascertained. The Board of SuperDuty of Su- visors must investigate and inquire into all assessments and pervisors. values so fixed by the Assessor, as prescribed by this section, and for that purpose must require each taxpayer affected by such assessment and valuation to make a statement under oath, within ten days from making an order requiring such statement, setting forth specifically, all the property owned or controlled, or in the possession of such taxpayer on the first Monday of March. If any taxpayer, after demand made by the Board of Supervisors, shall neglect or refuse to make and deliver to the said Board of Supervisors the statement, duly verified, herein provided for, or to comply with the other requirements of this title, the said Board of Supervisors, sitting as a county board of equalization, must increase such assessment and valuation to such an amount as the said board shall deem just; but the value fixed by the Assessor must not, in any case, be reduced by the Board of Supervisors. SEC. 2. This Act shall take effect from and after its passage. defective certifi CHAPTER LXXIV. An Act to amend section one thousand two hundred and seven of the Civil Code, relating to transfers of real property, and fixing a time when defective certificates of acknowledgment shall become valid. [Approved March 4, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section one thousand two hundred and seven of the Civil Code is hereby amended so as to read as follows: Validating 1207. Any instrument affecting real property, which was, previous to the first day of January, one thousand eight huncates of ac- dred and ninety-seven, copied into the proper book of record, kept in the office of any County Recorder, shall be deemed to impart, after that date, notice of its contents to subsequent purchasers and incumbrancers, notwithstanding any defect, knowledgment. omission, or informality in the execution of the instrument, or CHAPTER LXXV. An Act to prevent deception in the manufacture and sale of butter and cheese, to secure its enforcement, and to appropriate money therefor. [Approved March 4, 1897.] The People of the State of California, represented in Senate and butter. SECTION 1. That for the purposes of this Act, every article, Imitation substance, or compound, other than that produced from pure milk or cream from the same, made in the semblance of butter, and designed to be used as a substitute for butter made from pure milk or cream from the same, is hereby declared to be imitation butter; and that for the purposes of this Act, every Imitation article, substance, or compound, other than that produced from cheese. pure milk or cream from the same, made in the semblance of cheese, and designated to be used as substitute for cheese made from pure milk or cream from the same, is hereby declared to be imitation cheese; provided, that the use of salt, rennet, and harmless coloring matter for coloring the product of pure milk or cream, shall not be construed to render such product an imitation; and provided, that nothing in this section shall prevent the use of pure skimmed milk in the manufacture of cheese. ture and imitation butter, etc. SEC. 2. No person, by himself or his agents or servants, shall Manufac render or manufacture, sell, offer for sale, expose for sale, or sale of have in his possession with intent to sell, or use, or serve to patrons, guests, boarders, or inmates, in any hotel, eating-house, restaurant, public conveyance or boarding-house, or public or private hospital, asylum, or eleemosynary or penal institution, any article, product, or compound made wholly or partly out of any fat, oil, or oleaginous substance or compound thereof, not produced directly and at the time of manufacture from unadulterated milk or cream from the same, which article, product, or compound shall be colored in imitation of butter or cheese produced from unadulterated milk or cream from the same; provided, that nothing in this section shall be construed to prohibit the manufacture or sale, under the regulations hereinafter provided, of substances or compounds, designed to be used as an imitation, or as a substitute for butter or cheese made from pure milk or cream from the same, in a separate Imitation product must be branded. Duty of common carriers. Descrip ment must and distinct form, and in such a manner as will advise the consumer of its real character, free from coloration, or ingredients, that causes it to look like butter or cheese made from pure milk or cream, the product of the dairy. SEC. 3. Each person who, by himself or another, lawfully manufactures any substance designed to be used as a substitute for butter or cheese, shall mark by branding, stamping, or stenciling upon the top and sides of each tub, firkin, box, or other package in which such article shall be kept, and in which it shall be removed from the place where it is produced, in a clear and durable manner, in the English language, the words "substitute for butter," or "substitute for cheese," as the case may be, in printed letters in plain Roman type, each of which shall not be less than one inch in height by one half inch in width, and in addition to the above shall prepare a statement, printed in plain Roman type, of a size not smaller than pica, stating in the English language its name, and the name and address of the manufacturer, the name of the place where manufactured or put up, and also the names and actual percentages of the various ingredients used in the manufacture of such imitation butter or imitation cheese; and shall place a copy of said statement within and upon the contents of each tub, firkin, box, or other package, and next to that portion of each tub, firkin, box, or other package as is commonly and most conveniently opened; and shall label the top and sides of each tub, firkin, box, or other package by affixing thereto a copy of said statement, in such manner, however, as not to cover the whole or any part of said mark of "substitute for butter," or "substitute for cheese." SEC. 4. No person, by himself or another, shall knowingly ship, consign, or forward by any common carrier, whether public or private, any substance designed to be used as a substitute for butter or cheese, unless the same be marked and contain a copy of the statement, and be labeled as provided by section three of this Act; and no carrier shall knowingly receive the same for the purpose of forwarding or transporting, unless it shall be manufactured, marked, and labeled as herein before provided, consigned, and by the carrier receipted for by its true name; provided, that this Act shall not apply to any goods in transit between foreign States and across the State of California. SEC. 5. No person, or his agent, shall knowingly have in his tive statest possession or under his control any substance designed to be be exposed. used as a substitute for butter and cheese, unless the tub, firkin, box, or other package containing the same, shall be clearly and durably marked and contain a copy of the statement and be labeled as provided by section three of this Act; and if the tub, firkin, box, or other package be opened, then a copy of the statement described in section three of this Act shall be kept, with its face up, upon the exposed contents of said tub, firkin, box, or other package; provided, that this section shall not be deemed to apply to persons who have the same in their possession for the actual consumption of themselves or family. |