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or otherwise, and all certificates in writing heretofore made, signed, and acknowledged, and filed under section two of said Act, though said certificates and acknowledgments be defective or irregular, are hereby legalized and made valid. SEC. 2. This Act shall take effect and be in force from and after its passage.

To pay claim of Boardman,

Day.

CHAPTER LIII.

An Act to appropriate money to pay the claim of W. F. Boardman, Grant I. Taggart, and Charles T. H. Palmer, assignee of Sherman Day, for services as Commissioners in the action of the People of the State of California, by Jo Hamilton, Attorney-General, vs. A. Pfeiffer et al., in the Third District Court for Alameda County.

[Approved March 10, 1885.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The sum of sixteen hundred dollars is hereby appropriated out of the General Fund in the State Treasury Taggart, and to pay W. F. Boardman, Grant I. Taggart, and Charles T. H. Palmer, assignee of Sherman Day, for the services of said Boardman, Taggart, and Day, as Commissioners in the action brought in the Third District Court for Alameda County, and numbered four thousand seven hundred and thirty-five on the register of said Court, and entitled "The People of the State of California, by Jo Hamilton, Attorney-General, . vs. A. Pfeiffer et al.," the same being the amount awarded to said Commissioners by the decree of said action.

SEC. 2. The Controller of State is hereby authorized and directed to draw his warrant on the General Fund in the State Treasury in favor of W. F. Boardman, Grant I. Taggart, and Charles T. H. Palmer, assignee of Sherman Day, for the said sum of sixteen hundred dollars.

SEC. 3. This Act shall take effect immediately.

CHAPTER LIV.

An Act to amend section three thousand eight hundred and twentyfour of an Act entitled "An Act to establish a Political Code,' approved March 12, 1872, relating to revenue and taxation, and the manner of the collection of taxes by the Assessor on certain personal property.

[Approved March 10, 1885.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section three thousand eight hundred and twenty-four of the Political Code is hereby amended so as to read as follows:

retain excess

3824. When the rate is fixed for the year in which such County to collection is made, then, if a sum in excess of the rate of taxes paid has been collected, such excess shall not be apportioned to the State, but the whole thereof shall remain in the county treasury, and must be repaid by the County Treasurer to the person from whom the collection was made, or to his assignee, on demand therefor.

SEC. 2. This Act shall take effect from and after its passage.

CHAPTER LV.

An Act to amend sections three hundred and fifty and three hundred and fifty-one of an Act entitled "An Act to establish a Penal Code," approved February 14, 1872, relating to counterfeited trademarks.

[Approved March 10, 1885.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. That section three hundred and fifty and section three hundred and fifty-one of the Penal Code be and the same are hereby amended so as to read as follows:

trademark

350. Every person who willfully forges or counterfeits, or Forging procures to be forged or counterfeited, any trademark usually misdeaffixed by any person to his goods, which has been duly meanor. recorded in the office of the Secretary of State, with intent to pass off any goods to which such forged or counterfeited trademark is affixed, or intended to be affixed, as the goods of such person, is guilty of a misdemeanor.

stamped with

351. Every person who sells or keeps for sale, any goods Knowingly upon or to which any counterfeited trademark has been selling goods affixed, after such trademark has been recorded in the office such mark a of the Secretary of State, intending to represent such goods miseas the genuine goods of another, knowing the same to be counterfeited, is guilty of a misdemeanor.

meanor.

CHAPTER LVI.

An Act to amend section eleven hundred and seventy-two of the
Penal Code, and to provide for exceptions in criminal cases.

[Approved March 10, 1885.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section eleven hundred and seventy-two of the Penal Code is hereby amended so as to read as follows: 1172. Exceptions may be taken by either party to the may be taken decision of a Court or Judge upon a matter of law:

Exceptions

to decision of Court or

Judge.

1. In granting or refusing a motion to set aside an indictment or information;

2. In allowing or disallowing a demurrer to an indictment or information;

3. In granting or refusing a motion in arrest of judgment; 4. In granting or refusing a motion for a new trial;

5. In making, or refusing to make, an order after judgment affecting any substantial right of the parties.

Deficiency

appropria

tion for

CHAPTER LVII.

An Act making an appropriation for the deficiency in the appropriation for the purchase of jute at State Prison, San Quentin, for the thirty-third fiscal year.

[Approved March 10, 1885.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The sum of seven thousand dollars is hereby appropriated out of any money in the State Treasury not purchase of otherwise appropriated, for the payment of the deficiency in the appropriation for the purchase of jute for State Prison at San Quentin, for thirty-third fiscal year.

jute.

SEC. 2. This Act shall take effect immediately.

CHAPTER LVIII.

An Act making appropriation for a deficiency in the appropriation for salary of Secretary, and completion of State Engineer's report and maps on irrigation, for the thirty-fourth fiscal year.

[Approved March 10, 1885.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

tion State

Department.

SECTION 1. The sum of seven hundred and eighty-five Deficiency dollars and seventy-six cents is hereby appropriated out of appropria any money in the General Fund in the State Treasury, to Engineer's pay the deficiency in the appropriation for the salary of Secretary, and completion of State Engineer's report and maps on irrigation, for the thirty-fourth fiscal year." SEC. 2. This Act goes into effect immediately.

CHAPTER LIX.

An Act making an appropriation for the deficiency in the appropriation for traveling expenses Railroad Commissioners, for thirty-fourth fiscal year.

[Approved March 10, 1885.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

appropria

SECTION 1. The sum of one hundred and eighty-one dol- Deficiency lars and twenty-five cents is hereby appropriated out of any on Railroad money in the State Treasury not otherwise appropriated, for Commisthe payment of the deficiency in the appropriation for travel- sioners. ing expenses Railroad Commissioners, for thirty-fourth fiscal

year.

SEC. 2. This Act shall take effect immediately.

CHAPTER LX.

An Act making an appropriation for the deficiency in the appropriation for contingent expenses of State Board of Equalization, for the thirty-fourth fiscal year.

[Approved March 10, 1885.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The sum of twenty-seven dollars and seventy cents is hereby appropriated out of any money in the State

Contingent Treasury not otherwise appropriated, for the payment of the deficiency in the appropriation for contingent expenses of of Equaliza- the State Board of Equalization, for the thirty-fourth fiscal

expenses State Board

tion.

year.

SEC. 2. This Act shall take effect immediately.

Deficiency appropriation for transportation of prisoners.

CHAPTER LXI.

An Act making an appropriation for the deficiency in the appropriation for transportation of prisoners, for the thirty-fourth fiscal year.

[Approved March 10, 1885.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The sum of two thousand eight hundred and forty dollars and thirty cents is hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the payment of the deficiency in the appropriation for transportation of prisoners, for the thirty-fourth fiscal year. SEC. 2. This Act shall take effect immediately.

Deficiency appropriation for

tion of

CHAPTER LXII.

An Act making an appropriation for the deficiency in the appropriation for transportation of prisoners, for the thirty-fifth fiscal year.

[Approved March 10, 1885.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The sum of four thousand three hundred and forty dollars and forty-two cents is hereby appropriated out transporta- of any money in the State Treasury not otherwise appropriated, for the payment of the deficiency in the appropriation for transportation of prisoners, for the thirty-fifth fiscal year. SEC. 2. This Act shall take effect immediately.

prisoners.

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