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Act Providing for Registration of Contractors
(Continued from Page 44) peals from justices' courts. Upon the hearing of such appeal the burden of proof shall lie upon the appellant, and the superior court shall receive and consider any pertinent evidence, whether oral or documentary, concerning the matter in controversy.'
If the superior court shall determine that the contractor's license should be suspended or canceled, it shall by its judgment suspend.or cancel such license. The suspension or cancellption of license as aforesaid may also be embraced in any action otherwise proper involving the licensee's performance of his legal obligation as contractor.
Section 10. A judgment of suspension or cancellation of license by the superior court shall be subject to appeal or review in accordance with the provisions of law as to appeal from or review of judgments of superior courts but there shall be no stay of execution or enforcement of such judgment pending such proceedings on appeal or review unless the contractor appealing or petitioning for review shall file a bond. or undertaking in such amount as the court shall fix to the effect that'he will observe the provisions of this act pending final determination of the matter. Such un- ' dertiking shall be in favor of the people of the State of California and be conditioned upon the faithful performance of .all the obligations of such appellant or aggrieved person as a contractor. Such undertaking shall be for the benefit of any person having dealings with such appellant or aggrieved person as a contractor, and any such person so dealing with the same shall have the right to commence suit thereon in his own name against said contractor and his sureties. The clerk of the court wherein said judgment has become final shall transmit to the registrar within ten days thereafter, an abstract of said judgment of suspension or , icbncellation, as the case may be, upon such fbrm as the :l1rP, ,t t shall prescribe.
Section 11. After suspension of the license, the registrar shall renew the samd upon proof of the compliance. by the contractor with any provisions of the judgment as to renewal of such license or, in the absence of such judgment or any provisions therein as to renewal, in the sound discretion of the registrar. After cancellation of a license such license shall not be renewed or reissued within a period of one year after final determination of cancellation and then only on proper showing that all loss caused by the act or omission for which the license was cancelled has'been fully satisfied.
Section 12. Any person, firm, copartnership, corporStion, association, or other organization, acting in the capac- ity of contractor within the meaning of this act, without a ' : license as herein proiided, shall upon conviction thereof, if a person, be punished byafine of-not to exceed fiv€ ',,, hundred dollars, or by imprisonment in the county jail for ' ' a term not to exceed six months, or by both such fine and imprisonment, in the discretion of the court. The same penalties shall apply upon convictibn to any member of a copartnership,ortoanyconStrrr'ctionmanagingordirecting officer of any organization consenting to, participating in, or aiding or abetting, anJr such violation of this act.
Section 13. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitu- tional, such.decision shall not affect the validity of the remaining portions ofthis act. The Legislature hereby de' clares that it would have passed this act and eachtsection, ., subsection, sentence, clause and phrase thereof, irrespec-' ,., tive of the fact that any one or more sections, subsections, trve ot one or sectrons, subsections, -,. ,sentences, clauses or phrases be declared unconstitutional. Section 14. All taws, or parts of laws, in conflict wiitr "' -rrst vr of this act shJll be, and.the same,.'arg