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CHAPTER X.

Hours of Labor.

§ 3244. Eight hours a day's work.
$3245. Same, on public works.

3244. Eight hours of labor constitute a day's work, unless it is otherwise expressly stipulated by the parties to a contract.

Basis of chapter-Stats. 1863, p. 63.

Requiring wards or apprentices to work more than eight hours-is misdemeanor, Penal Code, $ 651.

3245. Eight hour's labor constitute a legal day's work in all cases where the same is performed under the authority of any law of this State, or under the direction, control, or by the authority of any officer of this State acting in his official capacity, or under the direction, control, or by the authority of any municipal corporation within this State, or of any officer thereof acting as such; and a stipulation to that effect must be made a part of all contracts to which the State or any municipal corporation therein is a party.

Eight hours' labor a legal day's work-on all public work, Const. Cal. 1879, art. 20, § 17.

CHAPTER XI.

Time.

$3255. Time, how computed.
$3256. Leap year.

§ 3257. The year and its parts.

3258. The week.

$3259. The day.

§ 3260. "Day-time" and "night-time" defined.

3255. Time is computed according to the Gregorian or new style; and the first day of January in every year passed since seventeen hundred and fifty-two, or to come, must be reckoned as the first day of the year.

Computation of time-s 12 and notes.
Time when statute takes effect-§ 323.

3256. The several years one thousand nine hundred, two thousand one hundred, two thousand two hundred, two thousand three hundred, or any other future hundredth year, of which the year two thousand is the first, except only every fourth hundredth year, are not leap years, but common years of three hundred and sixty-five days; and the years two thousand, two thousand four hundred, two thousand eight hundred, and every other fourth hundredth year from the year two thousand, inclusive, and also every fourth year, except as above mentioned, which, by usage, in this State is considered a leap year, is a leap year consisting of three hundred and sixty-six days.

3257. The term "year" means a period of three hundred and sixty-five days; a half year, one hundred and eighty-two days; a quarter of a year, ninety-one days, and the added day of a leap year, and the day immediately preceding, if they occur in any such period, must be reckoned together as one day.

3258. A week consists of seven con secutive days.

3259. A day is the period of time between any midnight and the midnight following.

Fraction of day-regarded when important, § 12n.

3260. "Day-time" is the period of time between "sunrise" and "sunset," and "night-time" is the period of time between "sunset" and "sunrise."

§ 3272.

§ 3273.

§ 3274.

CHAPTER XII.

Money of Account.

Money of account.
Limitation on preceding section.

Amount, how stated in judgments, etc.

3272. The money of account of this State is the dollar, cent, and mill. Public accounts and all proceedings in Courts must be kept and had in conformity to this regulation.

Basis of chapter-Stats. 1850, p. 459.

Specified kind of money or currency-judgment when action on contract or obligation payable in, Code Civ. Proc., § 667.

3273. The provisions of the preceding section do not vitiate or affect any account, charge, or entry originally made, or any note, bond, or other instrument expressed in any other money of account; but the same must be reduced to dollars, or parts of dollars, in any suit thereupon.

3274. In judgments and executions the amount thereof must be computed and stated as near as may be in dollars and cents, rejecting fractions.

CHAPTER XIII.

Auctions.

ARTICLE I. AUCTIONEERS.

II. REGULATIONS RESPECTING SALES.

III. FRAUDS AND PENALTIES.

ARTICLE I.

AUCTIONEERS.

§ 3284. Who may become auctioneers, and how.
$3285. The bond, sureties, approval, and filing.
§3286. Government goods are exempt.

3287. Original application, how classified.

$3288. Renewal of license.

$3289. Renewal, for how long; exceeding class by sales.
§ 3290. Not to transfer license.

§ 3291. Auctioneers ex officio.

$3292. Assistant, who may act and when.

3284. Any citizen of this State may become an auctioneer for the county in which he resides, and is authorized to sell real and personal property at public auction, on giving a bond in accordance with the provisions of this article for the faithful performance of his duties, and on the payment of the license therefor.

Basis of section-Stats. 1859, p. 352; effect of latter in superseding former Act, 19 Cal. 501.

Auctioneer-authority of Civil Code, §§ 2362, 2363; mistake of. as to quantity of goods sold, when too late to correct, 4 Cal. 64; illegally acting as, is misdemeanor, Penal Code, § 436.

Sale by auction-Civil Code, $$ 1792-1798; of delinquent stock, Civil Code, § 341 et seq.; of pledged property, Civil Code, § 3005; mock auctions, punishment and forfeiture of license for, Penal Code, § 535.

Bond and license-failure to comply with requirement of, auctioneer estopped to allege, 16 Cal. 532.

3285. The bond must be conditioned to be paid to the people of the State of California, with one or more sureties, in the sum of five thousand dollars, and approved by the Judge of the Superior Court of the county in which the auctioneer proposes to do business, and must be filed in the office of the County Clerk of the county. [In effect April 3, 1880.] Section founded-before amdt. 1880 (which substituted Judge of Superior Court for County Judge) on Stats. 1859, p. 352.

3286. No auctioneers' license is required for the selling of any goods at public sale belonging to the United States, or to this State, or for the sale of property by virtue of any process issued by any State or Federal Court.

Basis of section-Stats. 1859, p. 354.

3287. Every original application for auctioneers' license must be accompanied with a verified statement of the amount of sales proposed to be made monthly, and the license charge must be for the first quarter classified thereby.

Carrying on business without a license-is misdemeanor, Penal Code, § 435.

Amount of license-for various classes of auctioneers, § 3376.

3288. Every auctioneer applying to the Tax Collector for a renewal of his license must accompany the application with a statement, under oath, setting forth that his average receipts per month on account of sales during the preceding quarter did not exceed the amount specified in the class of license for which he applies. The Tax Collector must provide blank forms of affidavit for that purpose, and administer the oath required to such applicants without charge.

Basis of section-see § 3286n.

3289. After the first quarter licenses may be issued for the class fixed for a term not exceeding one year, at the option of the auctioneer. No auctioneer must exceed the amount of sales of the class in which his license is fixed. For every violation of this section, in addition to the criminal penalty, the auctioneer forfeits two hundred and fifty dollars. Basis of section-Stats. 1861, p. 446.

Penalties-recovery and disposition of, see § 3323.

3290. No auctioneer is permitted to transfer his license to any other person for any part of the time for which his license is issued; nor is any auctioneer permitted to use his license for the purpose of transacting an auction business in more than one store or specified place of business.

Basis of section--and next, see § 3286n.

More than one place-see § 3302.

3291. In any city or town where there is no auctioneer, the Sheriff or a Constable thereof is ex officio auctioneer, and is permitted to sell any property, real or personal, at public auction; and for any delinquency as such ex officio auctioneer he is liable on his official bond.

3292. Every auctioneer, in case of inability to attend an auction by reason of sickness, or the performance of any duty

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