A document of title. pose. Such contract, or agreement, as aforesaid, shall be binding on the owner, and all other persons interested in such goods. SEC. 3. Any bill of lading, dock warrant, warehouse keeper's certificate, warrant, or order for the delivery of goods, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing, or purporting to authorize, either by indorsement or delivery, the possessor of such document to transfer or receive goods thereby represented, shall be deemed and taken to be a document of title within the meaning of this Act; and any agent intrusted as aforesaid, and possessed of any such document of title, whether derived immediately from the owner of such goods, or obtained by reason of such agents having been intrusted with the possession of the goods, or of any other document of title thereto, shall be deemed and taken to have been intrusted with the possession of the goods represented by such document of title as foresaid, and all contracts pledging or giving a lien upon such document of title as aforesaid shall be deemed and taken to be, respect-. ively, pledges of and liens upon the goods to which the same relates; and such agent shall be deemed to be possessed of such goods or documents, whether the same shall be in his actual custody, or shall be held by any other person subject to his control, or for him, or on his behalf. And where any loan or advance shall be bona fide made to any agent intrusted with, and in possession of, any such goods or documents of title as aforesaid, on the faith of any contract or agreement, in writing, to consign, deposit, transfer, or deliver such goods or documents of title as aforesaid, and such goods or documents of title shall actually be received by the person making such loan or advance, without notice that such agent was not authorized to make such pledge or securLoan or ad- ity, every such loan or advance shall be deemed and taken to be a loan or advance on the security of such goods or documents of title, within the meaning of this Act, though such goods or documents of title shall not actually be received by the person making such loan or advance till the period subsequent thereto; and any payment made, whether by money, or bills of exchange, or other negotiable security, shall be deemed and taken to be an advance, within the meaning of this Act; and an agent in possession, as aforesaid, of such goods or documents shall be taken, for the purposes of this Act, to have been intrusted therewith by the owner thereof, unless the contrary can be shown by evidence. vance on security of goods. Civil responsibility of agent not affected. Agent vio lating good faith; penalty. SEC. 4. Provided, always, that nothing herein contained shall lessen, vary, alter, or affect the civil responsibility of an agent for any breach of duty or contract, or non-fulfillment of his orders or authority in respect of any such contract, agreement, lien, or pledge, as aforesaid. SEC. 5. If any agent, entrusted as aforesaid, shall, contrary to or without the authority of his principal in that behalf, for his own benefit and in violation of good faith, make any consignment, deposit, transfer, or delivery of any goods or documents of title, so intrusted to him as aforesaid, as and by way of a pledge, lien, or security, or shall, contrary to or without such authority, for his own benefit, and in violation of good faith, accept any advance on the faith of any contract or agreement to consign, deposit, transfer, or deliver such goods or documents of title aforesaid, every such agent shall be deemed guilty of a felony, and, upon conviction thereof, shall be imprisoned in the State's Prison for not less than five nor more than ten years. goods; how. SEC. 6. Nothing herein contained shall prevent such Owner to owner, as aforesaid, from having the right to redeem such redeem goods, or documents of title, pledges as aforesaid, at any time before such goods shall have been sold, upon the repayment of the amount of the lien thereon, or restoration of the securities in respect of which such lien may exist, and upon payment or satisfaction to such agent, if by him required, of any sum of money for or in respect of which such agent would by law be entitled to retain the same goods or documents, or any of them, by way of lien as against such owner, or to prevent the said owner from recovering of and from such person with whom any such goods or documents may have been pledged, or who shall have any such lien thereon, as aforesaid, any balance or sum of money remaining in his hands as the produce of the sale of such goods, after deducting the amount of the lien of such person, under such contract or agreement as aforesaid. SEC. 7. In construing this Act the word "person" shall Word “perbe taken to designate a body corporate, or company, as well construed. as an individual; and the words in the singular number shall, when necessary to give effect to the intention of the said Act, import also the plural, and vice versa; and words used in the masculine gender shall, when required, be taken to apply to a female as well as a male. SEC. 8. Nothing herein contained shall be construed to give validity to or in anywise to affect any contract, agreement, lien, pledge, or other act, matter, or thing made or done before the passage of this Act. CHAP. DXXXVI.-An Act regulating the collection of poll tax in Merced County. [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. Poll tax, in Merced County, must be collected Poll tax; by the County Assessor between the first Monday in March when col and the first Monday in July of each year. lected. printed. SEC. 2. The County Treasurer of Merced County must, Treasurer to before the first Monday of March of each year, cause to be have receipts printed, of two dollar poll tax receipts, a sufficient number for the use of the Assessor, and before the first Monday of Auditor to deliver receipts. Final settlement. Assessor to keep roll. Auditor to charge with July of each year, of three dollar poll tax receipts, sufficient for the use of the Tax Collector aforesaid. SEC. 3. The Auditor of Merced County must, at any time between the first Monday in March and the first Monday of July of each year, upon demand, deliver to the Assessor the two dollar receipts, and charge him therewith, and must, at any time after the first Monday in July of each year, upon demand, deliver to the Tax Collector the three dollar receipts, and charge him therewith. SEC. 4. On the first Monday of July of each year, the Assessor must return to the Auditor all two dollar poll tax receipts received by him and not used, and make final settlement with the Auditor, and pay to the Treasurer the total amount collected by him and not before paid in, less the amount of his fees, and make final settlement with the Treasurer. SEC. 5. The Assessor must keep a roll of the names and local residence or place of business of all persons subject to or liable for poll tax, and if paid, the date and amount of each payment, and if not paid the cause of non-payment. SEC. 6. On the first Monday of July of each year, the three dollar Assessor must deliver to the Auditor the roll so made up, and if any person, assessed for a property tax, has not paid to the Assessor the poll tax due from him, or for which he is liable, the Auditor must charge said person with three dollars poll tax on the assessment roll before he delivers it to the Tax Collector. receipts. A lien; how constituted. SEC. 7. If any person, assessed for a property tax, has not paid to the Assessor the poll tax due from him, or for which he is liable, it, with fifty per cent. in addition thereto, constitutes a lien upon the property assessed to such person, to attach from the first Monday in July of each year, and must be collected by the Tax Collector in the same manner and at the same time as property taxes are collected. SEC. 8. All Acts or parts of Acts which conflict with the provisions of this Act are repealed. SEC. 9. This Act shall take effect and be in force on and after the first Monday of May, A. D. 1878. Graduates defined. CHAP. DXXXVII.-An Act to amend sections three and four of an Act to regulate the practice of pharmacy in the City and County of San Francisco, passed March twenty-eight, A. D. eighteen hundred and seventy-two, and amended March thirtyfirst, eighteen hundred and seventy-six. [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section three of said Act is amended so as to read as follows: Section three. Graduates in pharmacy are com assistants. elect Board persons who have had four years in stores where prescriptions of medical practitioners are compounded, and each must have obtained a diploma from a College of Pharmacy within the United States, or from an authorized foreign institution or Examining Board. Licentiates in pharmacy Licentiates. are persons who have had four years' experience in stores where prescriptions of medical practitioners are pounded, and shall have passed an examination before the Board of Pharmacy, or pharmacists who shall present satisfactory credentials or certificates of their attainments to the Board of Pharmacy. Practicing pharmacists are such persons only who, at or prior to the passage of this Act, have kept and continue to keep pharmacies in the City and County of San Francisco for compounding and dispensing the prescriptions of medical practitioners, and for the sale of medicines and poisons. Registered assistants in pharmacy Registered are persons of not less than eighteen years of age, who are employed by registered pharmacists and have studied the art of pharmacy for three years, and have furnished satisfactory evidence of the same, and have passed the examination of the Board of Pharmacy, and have been registered as assistant pharmacists as hereinafter provided. Section four of said Act is amended to read as follows: Section four. The members of the California Pharmaceutical Society, Society to residing in San Francisco, shall, during the month of May, of Phar eighteen hundred and seventy-two, and every third year macy. thereafter, during the month of May, elect five of the most competent pharmacists of San Francisco to serve as a Board of Pharmacy. The members of this Board shall, within thirty days after the appointment, individually take and subscribe, before the County Clerk, an oath faithfully and impartially to discharge the duties prescribed by this Act. They shall hold office for the term of three years, and until their successors are appointed and qualified; and in each case of vacancy, the said Board of Examiners shall elect from three nominees selected at a meeting of the said society. The Board shall organize for the transaction of business, in Board to the City of San Francisco, by the election, for the whole organize. term, of President and Secretary. Three members of the Board shall constitute a quorum. They shall meet at least Meetings; quarterly, and have power to make by-laws for the proper fulfillment of their duties. The duties of this Board shall be to transact all business pertaining to the legal regulations of the practice of pharmacy and the retailing of poisons, and to examine and register as pharmacists, or assistant pharmacists, all applicants whom it shall deem qualified to be such, respectively. All persons applying for examination, except as assistants, shall pay to the Secretary a fee of five dollars, and on passing the examination shall be furnished with a certificate, signed by the President and Examiners. duties of. Trustees to determine owners to CHAP. DXXXVIII.-An Act to amend an Act entitled an Act to confer further powers on the Board of Trustees of the City of Sacramento. [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section two (2) of said Act is hereby amended land covered So as to read as follows: Section 2. Whenever said Board with stag- shall declare a lot or portion of lot to be included within nant water; the provisions of section one herein, they shall cause to be fill up same. entered in their minutes of proceedings an order, which may be in substance in the following form: The Board of Trustees of the City of Sacramento hereby determine that (here describe the real estate) is covered with stagnant water portions of the year. It is, therefore, ordered that the owner or owners thereof fill up the same to a proper level, to be fixed by the City Surveyor, or that the same be filled up at his or their expense. The owner of any lot or portion thereof, included in such order, may at any time prior to awarding a contract for doing the work as provided for in section (3) three herein, present and file with the Board a protest ing up lot. against the filling up of such lot as contemplated by the order, on the ground that such lot or portion thereof is not, during any portion of the year, covered with stagnant water. And if, on a hearing of such protest, the Board finds the same to be true, they shall, by their order, exclude such lot or portion of a lot from their original order; but if the Board find the protest to be not true, they shall proceed as if no such protest had been presented or filed. Protest against fill City Attor ney to collect delinquent tax SEC. 2. Section (7) seven of said Act is hereby amended so as to read as follows: Section 7. Immediately after the City Surveyor shall have made out the assessment provided for in section five herein, he shall place the same in the hands of the City Attorney, or attorney who shall have, by law, the collection of delinquent city taxes, who shall advertise notice for three consecutive weeks, as often as once a week, directed to the owners of such real estate, and describing the same in the notice, to the effect that if the assessments be not paid within the time stated in the notice suits will be commenced to enforce the collection thereof, and suits may be commenced, and the payment thereof enforced, in all respects, as now provided by statute or city ordinance for the collection of assessments for street grading or street improvements done by or under authority of said city. SEC. 3. After advertising for bids to do the work, as provided in section (3) three of this Act, if there be no bidder for the work of filling any block, lot, or part thereof, and it shall appear to the satisfaction of the Board of Trustees that by reason of stagnant water standing or being thereon portions of the year, the health of a large number of the people of the city is injuriously affected thereby, it is made the duty of said Board, by their unanimous vote, to order and cause the work of filling such block, lot, or parcel thereof to |