wholesaler can follow the goods, and recover from the vendee whatever damages he has sustained by reason of the fraudulent sale, transfer, or assignment; and if the notice is given, the wholesaler will have an opportunity to protect himself by suit and attachment of the property within the five days. The law does not apply to a case where the debtor makes an assignment of the property for the benefit of creditors generally, nor does it apply to any sale, transfer, or assignment of any property which is by law exempt from execution. For a list of property exempt from execution, see under the head of "Attachments." Statutes of 1903, p. 111.

FORM OF NOTICE OF SALE OF STOCK OF GOODS :

and particularly

described as follows, to-wit: A stock of groceries (or other merchandise, describing it) now in the store at No.... Howard Street, in the City and County of San Francisco, State of California; that the purchase price agreed upon is the sum of .... Dollars, and that the said agreed purchase price will be paid by the vendee to the vendor on the...... .day of..

at No.......

191..,

Street, City and County of San Francisco, State of California; that the name of the vendor is......

Notary Public in and for the City and County of San Francisco, State of California.

Section 31b.-BILL OF SALE.-A bill of sale need not be in any particular form to be valid. It is not essential to its validity that it be recorded, although it may be for the best interests of all parties that it should be filed for record. A bill of sale is not required to be acknowledged, if it is not to be recorded; but it must be acknowledged, if it is to be recorded.

Section 31c.-FORM OF BILL OF SALE. The following is a form of bill of sale:

KNOW ALL MEN BY THESE PRESENTS, That I,

State of California, the

of the County of.... party of the first part, for and in consideration of the sum of.... ..Dollars, gold coin of the United States of America, to me in hand paid by...

of the second part, the receipt whereof is hereby acknowledged, do by these presents grant, bargain, sell, and convey unto the said party of the second part, his executors, administrators, and assigns, the following described personal property:

(Here describe property sold.)

To have and to hold the same to the said party of the second part, his executors, administrators, and assigns forever. And I do for myself, my heirs, executors, and administrators, covenant and agree to and with the said party of the second part, his executors, administrators, and assigns, to warrant and defend the sale of said property, goods, and chattels hereby made, unto the said party of the second part, his executors, administrators, and assigns, against all and every person and persons, whomsoever, lawfully claiming or to claim the same.

In witness whereof, the said party of the first part has hereunto set his hand and seal, the...... day of....

191..

(Seal.)

Section 31d.-ADULTERATED, MISLABELED OR MISBRANDED FOODS AND LIQUORS.—It is unlawful to brand or label an imitation under the distinctive name of another article of food; or, to label, brand, or color, so as to deceive or mislead a purchaser; or, to put up a domestic product and label it as a foreign product; or, to fail to state on packages the weight or measure, plainly and correctly, when goods are so put up or offered for sale; or, if the label on package goods contains a false or misleading statement regarding the ingredients or the substance contained therein; or, if the goods put up are an imitation or adulteration, or offered for sale under a false name or designation.

Act of the Legislature, approved February 22d, 1909.

The law provides a penalty for its violation, a fine of not less than five nor more than five hundred dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment.

Food found to be adulterated, mislabeled or misbranded may be ordered destroyed by any court or judge.

No dealer can be prosecuted under the provisions of this act, when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States from whom he purchased such article, to the effect that the same is not adulterated, mislabeled or misbranded within the meaning of the law, and can also establish by satisfactory evidence that the article sold by him was mislabeled and that at the time of making such sale he was not aware of that fact. Said guaranty to afford protection, must contain the name and address of the party or parties making the sales of such article to said dealer, and an itemized statement showing the articles purchased; or a general guaranty may be filed with the secretary of the United States Department of Agriculture by the manufacturer, wholesaler, jobber or other other party in the United States and be given a serial number, which number shall appear on each and every package of goods

sold under such guaranty with the words "guaranteed under the food and drugs act June 30, 1906."

Act of the Legislature, approved April 26, 1911.

Section 31e.-COLD STORAGE EGGS AND BUTTER. Every person, firm, company or corporation, who sells or offers to sell any cold storage eggs or butter as fresh eggs or butter, or by any means whatever represents the same to be fresh eggs or butter, is guilty of a misdemeanor.

Cold storage eggs or butter, that have been in storage for a longer period than three months, must have stamped, marked or branded upon all sides of the receptacle holding the same, in black face letters two inches in length, the period of time during which the same have been in cold storage. Any person, firm, company or corporation selling or offering for sale any cold storage eggs or butter must display in a conspicuous place in the sales room the sign, in black face letters not less than six inches in length upon a white ground, "Cold Storage Eggs or Butter Sold Here." The penalty for violation of this provision is imprisonment in the county jail for a term not exceeding six months or a fine of two hundred and fifty dollars or both. All butter sold as certified butter must be conspicuously marked with the name of the commission certifying it.

Statutes and Amendments, 1911, pages 285, 356, 382.

(a) Marking Oleomargarine.—It is unlawful to sell or offer for sale any oleomargarine or any renovated butter unless the same shall have printed upon each and every package, roll, print, square, and upon any container of such renovated butter or oleomargarine, the words "Renovated Butter" or the word "Oleomargarine," as the case may be, in letters not less than one-half inch in height. And every dealer in oleomargarine or renovated butter must have a license to sell it from the State Dairy Bureau.

Statutes and Amendments, 1911. page 966.

Section 31f.-SANITARY REGULATION OF FOOD PRODUCING ESTABLISHMENTS.-The law provides as follows:

"Every building, room, basement or cellar, occupied, or used as a bakery, confectionery, cannery, packinghouse, slaughterhouse, restaurant, hotel, grocery, meat market, or other place or apartment, used for the production, preparation for sale, manufacture, packing, storage, sale or distribution of any food, shall be properly lighted, drained, plumbed and ventilated, and conducted with strict regard to the influence of such conditions upon the health of the operatives, employees, clerks or other persons therein employed, and the purity and wholesomeness of the food therein produced, kept, handled or sold; and for the purpose of this act the term "food" shall include all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.

"The floors, sidewalls, ceilings, furniture, receptacles, utensils, implements and machinery of every establishment or place where food is manufactured, packed, stored, sold or distributed, shall at no time be kept in an unclean, unhealthful or unsanitary condition; and for the purposes of this act, unclean, unhealthful and unsanitary conditions shall be deemed to exist if food in the process of manufacture, preparation, packing, storing, sale or distribution is not securely protected from flies, dust, dirt, unsanitary conditions, and as far as may be necessary, by all reasonable means from all other foreign or injurious contamination; and if the refuse, dirt, and the waste products subject to decomposition and fermentation incident to the manufacture, preparation, packing, storing, selling and distributing of food, are not removed daily; and if all trucks, trays, boxes, baskets, buckets, and other receptacles, chutes, platforms, racks, tables, shelves, and all knives, saws, cleavers, and all other utensils, receptacles, and machinery, used in moving, handling, cutting, chopping, mixing, canning, and all other processes used in the preparation of food, are not